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02/24/1975 - 5779� � PATRICTA RANSTROM SECRETARY ?0 THE CITY COUNCIL REGULAR COUNCIL MEE7ING FEBRUARY 24, 1975 II � �� � � • . ' 7HE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUtdCIL OF FEBRUARY 24, 1975 , - . 291 The Regular Meeting of the Fridley City Council of February 24, 1975 was called to � order at 7:30 P.iq. by Mayor N�e. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present at the meeting and invited a11 to join the CounciT in ' saying the Pledge of Allegiance to the Flag. ROLL CALL: � f�1EMBERS PRESENT: Counciiwoman Kukn��ski, Councilman Breider, Councilman Fiizpatrick, and Mayor Nee. � � ' � � , �lEM6ERS ABSENT: Councilman Starwalt Mayor Nee said as a matter of information, Councilman Starwait had gone to Russia on a trip co-sponsored by the Nationai League of Cities and United States Conference of Mayors and wouid report back to the Council concerning this trip. APPROVAL OF ��IINUTES: REGt1LAR COUNCIL MEETING OF JANUARY 20, 1975: i�tOTIOt� by Counciiwoman Kukowski to adopt the minutes of the Regu]ar Meeting of the Fridley City Council of January 20, 1975 as presented, Seaanded b_y Councilman Fitzpatrick. Upon a voice vote, all voting aye, t+±ayor Nee �eclared the motion carried unanimous7y. REGUlAR COUNCIL MEETING OF FEBRUARY 3, 1975: i�70TI0N by Councilwoman Kukowski to adopt the minutes of the Regular Meeting of the Fridley City Council of February as submitted. Seconded by Ceunci7man Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee said he would like to add items: number one, the report on the 1974 liquor operation; number two, if Councilman Breider had no objections, he suggested adding a communication received by Councilman Breider and himsel` from Mr. Larry Jamison concerning the parking and snow removal policy of the City; and three, the City Attorney had indicated he would like to present an item for• consideration concerning the possibility of appointing a member of the Council and a member of the staff to serve ori the Police Civil Service Commission. � MOTION by Councilman areider to adopt the agenda as amendeci with aforementioned additions. Seconded by Councilwoman Kukowski. Upon a voir.e vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. PROCLAMATION: , . CONSIDERATION OF PROCLAIMING MARCH 3 THROUGH hUIRCH 9, 1975 AS "LEAGUE OF WOMEN VOTERS WEEK" IN fRIDLEY: Mayor Nee poinY.ed out that the City had received a letter from the Fridley �eague , of Woman Voters, of which he is a member, asking that the City adopt the Proc]amation for "League of Women Voters Week." Mayor Nee read the proposed Proclamation to the Council and audience. , i�tOTION by Councilman Breider to adopt the Proclamation designating March 3 through March 9, 1975 as "League of Women Voters Week" in Fr�dley. Seconded by Councilwoman Kukowski. Upon a voice vote, al1 voting aye, Mayor Nee d�clared the motion carried unanimously. , t?PEN FORUM - VISITORS: ' MRS. GRACE LYNCH, FRIDLEY HUMAN RELATIONS COMMITTEE, REQUEST FOR COUNCIL DIRECTION ' ' N PR POSED APPLICATION F R CE FU DS FOR 410W PROGRi�M: • , ' i Mrs. Lynch addressed the Council and explained that after several months of trying to A i ' J 0 � ,�. . ' ' � __ ._ _ _. ... _ _. _ _ _.__ _• ._--_ �___ . _ ___ __ _ _ _,_ -1 �_ .. _ _ --.._ _ .._ __ __ ___.-.. . ___ _.._ _ � 292 . . ' I i , REGULAR COUNCIL MEETING OF fEBRUARY 24, 1915 PAGE Z obtain information concerning the program, they had come in contact with a person who had advised them that it would be necessary for the City to monitor the funds of the CETA program. She further explained these funds would be used for establishing an employment counseling service. Time would be an important factor in this consideration since they would anly have three days to complete the application. i�1ayor Nee asked what involvement the City would have in the monitoring of the program. Mrs. Lynch said the City would have to assist in the preparation of the application, the hiring of the Director of the program, and monitor the funds to determine if the use was what was intended in the grant. i�tayor Nee asked Mrs. Lynch if she had been working with the City Manager. Mrs. Lynch said she had been working wath the Administrative Assistant, i•lr. Peter Herlofsky. Mayor Nee asked Mr. Herlofsky for his conments concerning this matter. Mr. Herlofsky pointed out that he had been ccntacting the Minnesota Comprehensive Employment and Training Gonsor.tium since ear7y December. He explained that the person who had been in charge of the project was no longer with the office and there was some problems in getting the information from the correct agency. He said they had finally talked to someone who seemed knowledgeable in this area and had been informed that the information had to be submitted to them by next week. Mr. flerlofsky ;ntirued to explain that originally the City's obligation had been limited to the furnishing of office space or a physical facility. idoU�, it seems the City will be responsible for hiring the Director of the program and also monitoring �he funds. Mr. Herlofsky said if the program is funded, the City would be able to provide the service and work closely with Mrs. Lynch to establish the type of service she would like. The City Manager said originally when this was brought to the Council's attention, there was to be very little City involvement. He said it would be up to the Council to decide whether they want to get into this type of social service. Ne said this would take some resources of the community. The City Manager also pointed out that in this instance, the program wili initiaTly be funded by Federal Funds, but often this type of funds are reduced or withdrawn in,the future. He indicated if the program is started in the City, the Council should consider this tactor and decide if the City would be able to continue the service if the funding is withdrawn. He asked if the cost to the City in the future could be justified. He indicated the City resources are very limited at the present time and would be more limited in the future. The City Manager said if the Council so desired, the Administration would make application for the funding and see what response is obtained from the application. He again stressed that the Council consider the long range imp]ications if the Federal aid is discontinued. hlayor Nee said he was aware of the program through the information that had been submitted to the Council several months ago. Mayor Nee asked if the administrative costs could be paid out of the grant. i�lr. Herlafsky said the amount requested in the application would be $19,000, and this had been determined as the cost of setiing up and the administration of the program. This did not include any City Staff time. The City Manager pointed out that the establishment of this program would provide a social service which would come under the umbrella of the City government. Mayor Nee asked how the payroll factor would be handled. i�tr. Herlofsky explained that the grar.t would be for the establishment of the service only, there was no allowance for additional administrative cost. he said this would provide a free counseling service for women wishing to enter the job market. Mr. Herlofsky read the explanation of the type of service from the information provided. Ne indicated there would be a great deal of work involved in the plan. He indicated that Mrs. Lynch has many ideas on how she would like the program to serve in counseling. Councilman Breider indicated he did not know too much about the problem or the program. �4ayor Nee said it was described several months ago. fie said it would help women get back into the work force. The City Manager said this is not a Federal program with Federal employees, it would be under the City Administration. • Councilwoman Kukwoski said she believed the City should make application for the funding and see what happens. Councilwoman Kukowski said the program is not limited to women participants, men can also be counseled. �] � ' � , '�J , � , � � > ' ' , ' , ' , 293 REGULAR COUNCIL MEETING OF FEQRUARY 24, 1975 ` PAGE 3 Councilman Fitzpatrick asked what the deadline on the application is. �4r. Herlofsky said it wouid have to be submitted before March 12 because their staff would need time to review the information. Marcn 4th would bp an appropriate date. f9ayor Nee said he agreed with Councilwoman Kukowski. He asked what the obligation wouid be if tfie City would have to go ahead and make the application? Mr. Heriofsky said there wouid be no obliga*ion until the money is offered. He said then the program would have to be initiated to provide training alternatives for women wishing to enter the work force. The City Manager said if it is just a rr�ttEr of making the application, the staff would make this application and come back and inform the Council on the potential of the funding. MOTION by Councilwoman•Kukwoski to direct the Administration to go ahead with the application to CETA on the women's counseling service and report back to the Council on the status of the application. Seconded by Councilman Fitzpatrick. Upon a voice vote, a1T voting aye, Mayor Nee declared the motion carried unanimousiy. MRS. KAREN PACKER, FRIDLEY HUM�^,N P,ELATIO_NS COMMITTEE, REQUEST FOR CQNSIDERATION OF P1rs. Packer addressed the Council and said the information concerning the presentation she was to make had been submitted to the Council in form of a memo from the City Manager and also within the minutes of the Human Relations Committee. She said this matter concerned the Veterans Preference issue. Mrs. Packer said the Council had also received a proposed resolution in support of the modif'ication of the Veterans Preference Legislation. Mrs. Packer said the Committee favored the Berglin, McCutcheon Bill, tiUhich would be a rrwdification of the Veterans Preference Law. She said the Counci7 had also received a copy of the Bill and Law. Mrs. Packer sdid she was prese�nt at the meeting to answer any questions the Council may have concerning the proposal. Mrs. Packer said she would very strongly urge the Council t:o support the resolution submitted to the Council in their packet of materials. She� said the matter had not come to the Senate floor at the present time. Mrs. Packer continued to explain thair the City would soon be in the process of fnrmulating the Affirmative Action plan and this would not be possible a�ith the current absolute Veterans Preference. She said this could not only be used for the Police within the Civil Service program but also where Civil Service does not exist, there is absolute Veierans Preference and the City c:ould run into problems with this absolute preference. Councilman Fitzpatrick questioned if the Council would agre�e with the Re�olution submitted, wou]d this bring some problems with the support of the final bill when it is modified? Mrs. Packer said the intent of the Resolut:ion is to support the Bergline, McCutcheon Bill. She added, the resolution supparts this intent to ' convey this information. Councilman Fitzpatrick again questioned if the City should enter the consideration at this time when no formal changes� for a final form had been presented. He said they wou]d not know the final `orm of what they were supporting. i4rs. Packer st�°essed that the Resolution indic:ates that the City would want the strongest form of Ve��erans Preference modifications. Councilman areider said currently, the Veteran can use the Veterans Preference every time he takes an exam. Mrs. Packer said this would not eff'ect the status of the Disabled Veteran, they would be able to continually use thEa Veterans Preference. She added the Bill would favor the use of the Veterans Pref�erence within a ten year time period from discharge and also limit the use to once. CounciTwoman Kukowski asked the City Attorney to explain his feelings on the proposai. The City Attorney said he did not believe this is a legal nnatter, but more a policy decision on the part of the Council. He said this aspect �s now being governed. by the State Laws. He said he could see both sides of the argumerit, and he should not say whether or not the City should support the Resolution. Councilman Fitzpatrick questioned if one persan would applp for a job in Fridley and he wouTd be a veteran, would he have absoiute preferenr,e? Mrs. Packer said there � � _. __ _ __. __ _ _ 1 0 .. 294 RE6ULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 4 are provisions for this in the Civil Service regulations, and other parts of the employment market, she believed the preference would be absolute. Mr. Nerlofsky �id he had checked this fact in the material provided and this would be under State Statute 197.45, and he believed this to be true. P1ayor Nee asked if the League of Minnesota Municipalities supports this action? - Mr. Nerlofsky said yes, this is a part of their 1975 legislative plan. He ¢ indicated the information being presented was taken from their proposal. i•irs. Packer said she had a copy of their communication of this support. She asked if the Council had received a copy of this communication. Mr. flerlofsky said this is a part of the information presented to the Council. A member of the audience expressed the feeling that the Veterans serve their Country and should have preference. i�1rs. Packer responded that the intent is not to eliminate the Veterans Preference, she agreed that the Veteran should be given some preference when they get back from serving their Country. She said the question is should they be given this preference for the rest of their lives. She believed this is discriminatory against those who cannot go into the service. MOTION by Councilwoman Kukok�ski to adopt Resolution 30-1975, requesting passage of House File 84 and Sanate File 112 which amends Minnesota Statutes governing Veterans Preference. Seconded by Councilman Breider. Councilman Breider said he had not evaluated the Veterans Preference as Mrs. Packer had pointed out before this time, but he had sorm experience in the area of the Police Department, He indicated that some people come into the Police Department and make application and support strong qualifications, and it is possible for the less qualified Veteran to bump him. fle said he believed those coming back from the service should have one opportunity to use�the Preference and after this, compete with the work force. Councilman Breider said the use of the Veterans Preference within the Police Department often fiorces the Department to'hire the lesser qualified applicant. Mayor Nee said he is a Veteran and is also sensitive to the questions of the Nation's obligation to the Veteran. He said as a practical matter, the current 'd�eterans Preference Laws burden the government. Ne said the public is not always getting the best employees for their tax dollars. He said he thought the law should be modified in some way from the government point of view. He said from the taxpayers point of view and cost of government today, the City cannot afford to hire anything less than the best available personnel. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Packer asked if it would be possible for the City to have the Resolution sent to the Legislature the following day. 4layor Nee asked if Mrs. Packer would hand carry the Resolution and she agreed to this. t4ayor Nee signed the Resolution and transmitted the copy to Mrs. Packer. Mr. Nenry Peterson, Fridley American Legion, addressed the Council and asked if they had voted on the action. He said he had been watching the meeting at home �n Cable television and hoped to be at the meeting before any action on the matter , was taken. iiayor Nee indicated the Council had taken action, iir. Peterson expressed " the view that the Council should stay out of State government. He questioned how the Disabled Veteran would obtain a job ten years from this date. Mayor Nee said this would not affect the Preference of the Disabled Veteran. Mr. Peterson said he realized the woman's point of view in this matter. He questioned how the Council could make this type of decision without the Veterans being present. Mr. Peterson asked the Council to reconsider the action on the Veterans Preference modifications. Mayor Nee asked the Council if any member wished to take action to reconsider and there was no response. ; OLD BUSINESS: � CONSIDERATION OF A PROPOSAL TO CONSTRUCT A NATIONAL GUARD ARh10RY IN THE CITY OF ' F�IDLEY (FROM MEETING OF FEBRUARY 10, 1975): ��\ �--- -- - --- -- _ -------------_ - - _ _ __---__--- _ _ __ ---------_ __ -- ----__�_ ------ �� �1 , �95 REGULAR COUNCII MEETING OF FEBRUARY 24, 1975 PAGE 5 Councilman Fitzpatri�k said he thought this proposal would also be of benefit to the surrounding communities. He indicaied some effort had been made to get the response of the surrounding communities on this type of proposal and as he recalled, this response was negative. He said he had reservations about fridley assuming the entire cost of the project. Councilman Breider said he agreed with the aspect that fridley shou7d not assume , the entire cost of the thing. He said he did not think Fridley would support this total cost. He said he did think that the �dational Guard had a very good point and he did not want the people who are members of the Guard to have to travel across town ' to attend the meetings. � � , ' , � Councilman Breider said he believed the MAC site would be ideal for the Armory. He said this would be centrally located in the nnrtherly suburt>s. He said he wo�ld like to propose that the Department of Military Affairs, State of Minnesota through the Adjutant General explore the possibility of establ�ishing a National Guard Armory inthe northeast suburbs under a joint powers agreE�ment. i�1ayor Nee asked if Councilman Breider could prepare a Resoluticm to this effect and •have it ready for the Council at the next meeting. Councilman 13reider said yes. �tOTION by Councilman Breider to table the consideration of the construction of a National Guard Armory in the City of Fridley until the next meeting of the Council, March 3, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, i�layor Nee declared the motion carried unanimously. DISCUSSION COP�CERNING PROPOSED LEASE AGREEMENT WITH SPRINGBROOK NATURE CENTER FOU DATION FROM MEETING OF FEBRUARY 10 1975 : AND RECEIVING REPORT FROM NATURALIST/RESOURCE COORDINATOR REGARDING THE NATURE INTERPRETIVE OGRAP1 fOR 1975: f�layor �ee said he believed all the items that had been discussed in conjunction with this lease seemed to be ir�cluded in the agreement. I The City Attorney said he believed the points discussed had be�en included. He mentioned he had talked with representatives of the foundatiori in the formation of the agreement draft and other items had been added througti this discussion. Mr. Herrick further informed the Council that some portions he�d been discussed at the , staff ineeting with the City Manager and Department Heads and ;>ome suggestions for change had been made. He asked the Council to consider the changes that had been discussed. The City Attorney referred the Council's attention io section five of the.agreement and said he thought the first sentence shoulci continue after the word agreement to include the follo���ing statement, "and shall be subject to the � City Council's approval." He also referred to section seven ��nd suggested it be amended to add the word "normal" as follows: "The City will provide 'normal' poiice and fire protection at no cost to the Foundation.�" ., � The City Attorney also referred to section four and indicated the feeling that this should be clarified by the Council in some manner as to not create a conflict with the personnel, equipment and assignments of the City staff. He said he had tried to indicate in the agreement that the services would be provided on a regular schedule to enable the staff and foundation to work out such a schedule which would enable the foundation to determine what the cost of this service would be. He noted there may be some conf]ict with the work being done under the direction of the Nature Center rather than the Administration. � Mayor Nee questioned if the suggestion in section four would have to be worked out. Fle said he thought this could be defined within the negotiations with the Foundation rather than inserting this language in the agreement. The City Attorney said he thought this would also be true and that this would be l�mited through the amount , bf money the Foundation had to spend on this type of services;. The City Attorney said he thought if this language was not sufficient to cover the s;ervices or the services not adequate for their needs, the Foundatien could c:ome to the Council and indicate that there is a prob]em. He said at this time the City could put on the additional people and equipm�nt to handle the needs of the Foundation. Mayor Nee � said the services would remain at the descretion of the City Manager. He questioned if this lease was the same in form as what had been granted to the Isl�ands of,Peace Foundation. The City Attorney said this lease was probably rnore complicated with more 8 e . � � _. _.------ _ ____. __ _ _._._._____ ___ ___ -- - - -- __ __------ ____ .- --..__ _ __ _--- - i. i 2�6 ; . � REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 6 services being provided�by the Foundation than in the case of the Islands of Peace agreement. He said the Springbrook Nature Center Foundation would be doing more things than the Islands of Peace. Councilman Breider said he felt Dr. Trezona had made a very good presentation to the Council at the previous meeting. Ne indicated if the Foundation would keep the books for their activities, he would feel there would be no problem in the agreement. Councilman Breider said the mor•e he thought about the proposal by the Foundation the more he liked it. He took exception with the portion of the agreement where the city was to take care of the payroll of the foundation employees. He asked if there would be any problems with the private and public money being handled together. The City Attorney said he did not feel this would be a problem and noted in some cases, the compensation for individuals is split by government money and private funds. He said he did not think there would be any legal problems, but there may be other problems. Councilman Breider asked what method would be used in accounting for how much money is funded for. He questioned if it would be possible to create a deficit. i�iayor Nee said it n„ ght be to everyone's advantage if the Foundation handled their own payroll. Playor Nee said the Board of the Foundation has not looked at the lease presented by the City Attorney, and he could not say what their feeling on the lease agreement would be at the present time. Mayor Nee questioned Mr. Mark Noble on this aspect of the approval. �1r. Noble said the Board had not seen the agreement and he did'not know how they would.feel about it. He said he would take the comments of the�Council to the Foundation and have something worked out between the Attorney for the Foundation and the City Attorney. Councilman Breider again stressed that the financial aspects were bothering him. He noted in the past, it has occured that different departm.ent such as police and fire ahd gone over their budgets when there is a catastrophe. He mentioned in this case, the City could not go over, there would be no additional funds available. f�1ayor Nee asked if the City had an Islands of Peace fund. The Finance Director, Mr. �•tarvin Brunsell, said yes. He said this is not a very active fund and only four checks had been issued on this.fund last year. Fie said in the case of the Islands of Peace fund, there are no checks issued daily for equipment and supplies. Mr. 4Jyman Smith addressed the Council and said the Minneapolis Institute of Arts funds are handled through the City of Minneapolis with the determination of the expenses in the budget being made by the Board of the Institute. Mayor Nee said he thought it would be more clearly handled by the Foundation. He suggested the Foundation keep its own payroll. Mr. Mark Nobel said he would like to have a revised copy of the lease as the City. Attorney had suggested. Councilman Breider asked if there would be a need for a quote in the modification of section five. Mayor Nee said he felt this could be handled outside the agreement. ` Councilman Breider asked if there should be some clause added in the section relating to the term of the lease being five years. He added, if there is no progress in some reasonable amount of time, the City should have the ability to take other action. Mayor Nee said if nothing is done with the land, he did not see where there would be a problem with it. He suggested this action may put the issue back into the political arena and there would be a campaign on this issue every year. He asked Councilman Breider what may be a cause for such action that the City may take over the property again. Councilman Breider asked what if the Foundation brought in a plan for the development and nothing is done to implement the plan after this. He thought in this case, the City should decide on how to go ahead. Councilman Breider also mentioned the factor that this was to be a regional park. Ne asked if the students from the area schooi districts would receive the opportunity to tour North Park on a regular basis. Mayor Nee said he believed Woodlake has the same problem and they are able to give the priority to the area schools. Ife called on Mr. Noble to answer this question. i•Ir. Noble said the Richfield schools are able to have the opportunity to establish use of the park before the outside groups. � I � I � � ' , � , ' ' ' � , �� 1 ' � � , � _ _ _ ___ __. __ _ REGUL^R COlYyC1L I4E[TING Of FEBRUARY 24, 1975 PAGE 7 ��7 Ne said they make the reservations for the coming year before the facility is open to outside reservations. Counciiman Breider asked if there would be any problems in putt:ing such a prefenence clause in the lease. Mayor Nee said he felt this would be no prob]em since :,ix members of the Board are Fridley residents. Mr. hoble said he could not say that the Soard would agree to this. The City Manager explained that many of the aspects being disc��ssed could be left out of the agreement and taken care of by a joint cooperative �fe°of supportntonthe to state that the City would give the moral support or other tYP ear in the project as necessary. He stressed, everything does not have to aPP He added, agreement. He hoped they could continue the good ��iorking relationship. latermonh�nHe�suggested�that the basicragreementbbe�+takenhcare�tof�so thatFthed��]a�s can be executed. The City Manager asked the Council if it was their intention �hat he wr�te a letter to the Foundations incorporating the conrrents of the Council ��t the present meeting. He said he thought this wouid be better tlian going back and f��rth with corruments on the agreement and causing additional delay in the signing of �he agreement. He hoped that this agreement could be taken care of the following Manday evening. Councilman Fitzpatrick asked if the comments wouleStaonstforeadubtionsdtohthe�ag�eeng day. The City Manager said the cor!ments and sugg r�ent could be put in the agreement for the following Monday riight. He said the details could be worked out before the next week. MOTION by Councilman Breider to table the consideration of the Lease Agreement with the Springbrook ;�ature Center Fourdation for North Park unti1 the following a�eek, March 3, 1975, and that the Adninistration submit the comments concerning the agreement discussed at the present meeting to the'Board of the Foundation so that the item can be brought back for Council con:idpration,with the revamped agreement the next week. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimous]y. Mayor Nee indicated there would be some action necessary in response af ttie memo submitted to the Council from the Naturalist/Resource Coord�inator, Mr. Dan Huff. Mayor 14ee said he thought the points brought out in the mp�ro and the plan to be very constructive. He �id Ptr. Huff would like direction on the part of the Council on the change of emphasis in the interpretive program. The City Manager said if�r. Huff would like some direction from th� Council after the review of the North Park proposal. He indicated rather than dup]icating activities within the North Park plan and the City interpretive plan s�uch as tours, they would like the Council to consideraction on changing the funding to the constructien on physical facilities in the City. The City Manager informeci the Council that Mr. Huff was present at the meeting and would like some policy decision. Mayor Nee said he wuld like Mr. Huff to present his ideas to the Council. Mayor Nee asked if the employees �vithin the new program may be utilized within the program suggested by Mr. Huff. The City Manager said the new program would be very limite�d fundwise, but if the Council desired, they could be utilized within the jurisdiction of the Naturalist program. Councilman Fitzpatrick asked what had been budgeted for the Ir,terpretive program. The City Manager said approximately $37,000. He said thi�s had originally been planned for use in touring, etc., but now they would like to direct this to the physical facility. Mayor Nee said he believed it a good idea to arork with the schools with the facilities that are being worked on. The City Manager said the areas will be improved so that it will be possible for self guided tours. The City Manager continued to explain that many of the falitities are closer to the schools than North Park would be. Mayor Nee said there had been a change of direction and there would be a change of emphasis. Mayor Plee expressed approval of the project. Councilwoman Kukowski said she liked the proposal. e I I .. ! 298 `--. REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 8 i Councilman Breider asked if the trails would integrate with the Bikeway/Walkway system. The City Manager said yes. 7he City Manager said they were only talking about four parks. He continued to explain in the first proposal for the natural history areas in the C�ty, there had been six areas proposed. He said the physical facilities would be built on these four parks. ' Mayor Nee asked if some funds would be needed for material and luir.ber, etc.? The City Manager explained that the funds would be coming from the same budget as had been approved, but the program would be changed and he believed this would be a better use of the funds rather than the duplication of the program which will be used in North Park. Cauncilwoman Kukowski asked if there was anyway that the Council could take a look at the amount of money that would be available for this proposal. The City P�anager said he believed this to be about $3d,000, but added the 4daturalist's salary is also drawn from this total. The Finance Director explained the breakdown in the Naturalist/Resource Coordinator's budget for the remiander of the year. Mayor Nee asked if the amount of the unencumbered funds vaould be approximately �20,0�� and � the City Manager said yes. The City Manager said the City wouid like to use the Naturalist in the area where he is best qualified. Councilman Fitzpatrick exp}ained in his experience on the Park Board, there is a need for someone to plan the development within the park properties.. He thought Mr. Huff could be used in this area. He explained the park development as far as the recreational facilities are concerned are quite well established, but there would be some benefit in coordinating the planning in the future. Mayor Nee said , he thought this would be more for design. Mayor Nee said the Naturalist was hired through the total program which was stimulated by the Brauer Report. He mentioned there were also other alternative� �Pn��ion�d in the report. He said the original irtent of the staff was to make the areas estab'ished as natural history areas available to the people of the City, now they would be made more available to the schools. Councilman Fitzpatrick recalled that Mr. Huff had already defined the areas that he was to work on. Ne added, he was to work on all the areas and not North Park. He said he did not see why the current proposal was a big change from the originai proposal. Mayor Nee said the difference would be that the money that was put tinto various programs for guided tours would now go into the construction of physical facilities. The Maturist/Resource Coordinator, Mr. Dan Huff, addressed the Council and said the last year's objective were somewhat tenative because of the North Park situation. He explained that six natural history areas had been proposed for organization. HP said North Park would have been incorporated in the plan as area number seven if the referendum favored the improvement of North Park as a Nature Center. He continued to explain if the North Park area was to be a golf course, the six areas would have remained. He also pointed out that the two areas which had been deleted from the plan because one was very close to North Park and the other resembled the North Park prairie. He said under the new resolution of the Council, there is no need for two large scale nature centers in the City of Fridley. Ne said the two areas had been cut in the master plan. He said the money within the budqet -_ couls be spend on nice signs to illustrate the facilities of the area and provide for an excellent satelite proqram. He suggested that the money spent would be,done so during the year so that there would not be any need for a continuinq orogram' for development of these areas. He added, after this year, it would be poss�ibl:e for the City to eliminate the Naturalist budget. MO1'ION by Councilman Fitzpatrick to confine the activity of development as outlined by the Naturalist/Resoucrce Coordinator to the four areas defined in the report of the Naturalist and that the Naturalist work within the Park Department in the planning area and that the program be explored for some agreement with other areas and the school� to determine if there would be support for a joint program. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � � � r-, �� r-, lIi' �J �_J � , 299 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 9 CONSIDERATION OF ISSUANCE OF LIQUOR LIEC"!5E TO RICNARD DUANE PO�ILITZKE, 73E5 CENTRAL AVENUE N. E., FRIDLEY FRONTIER CLUn, INC. TABLED 1/2/75 AP�D 2/3/75 : The City Attorney said he had provided the Council with a short memo summarizing the laws of the State and Federal Courts on Civil Rights. The City Attorney said he had also provided a copy of a recent decision by Judge Devitt from the Federal �istrict Court, State of Minnesota. The City Attorney advised the 6ouncil that they had three alternatives for action at the present t9me: 1) grant the request io reserve the liquor license and in this case, the Council should act by resolution as it had before with the other applicants, 2) deny the request and this denial should also be �n form of a resolution indicating the reasons for denial and indicating ihis does not oroclude Mr�. Po��litzke from going ahead and app7ying for a liquor license or reservation at a.ny time in the future, and 3) to set another public hearing before the Council is reacly to take action on the request. The City Attorney said since the information was given the Councilmembers just before the meeting, he would suggest that the Council review the information, listen to comments of the °pplicant andi-nake the decision on the issuance of the license the following week. Tt�a City Attorney said 'ne had some discussion with the Counsel of the applicant and he had indicated he woul�� like to addres<.> the Council. Mr. Herrick said Mr. Smith was agreeable to the delay in ihe decision 1`or one ���eek. � Mr. Wyman Smiih, Attorney for Mr. Poviitzke, addressed the Council and said Mr. Herrick was correct. Mr. Smith said he had written a letter to the City on February 5th, and asked to be notified if there was any action to be taken on this application by the Council. He indicated that the application was filed with the City o� November � 18, i974 and this was a period of three months and t�vo weeks ago. Mr. Smith indicated he had not been notified concerning the appearanre of the item on the agenda. , � � , Mr. Smith continued to inform the Council that Mr. Povlitzf<e had been in business in the City of Fridley for fourteen years and he and his family had lived in tne City of Fridley for 14 years and this was a longer �eriod of time thar� mest peopl2 had lived in the City. Mr. Smith said the Frontier's 3.2 lice��nse had been i�enewed ev�ry year for 14 years. He questioned if there was any reason for the City to deny the current application, why had this not shown up in the previous lice7sing. 4e indicated as was in his letter of February 5th, there is no reason f�or the Council i:o deny the license. !�1r. Smith read aloud the conditions under which the license cculd be denied and stressed that there was none that appli2d to the applicant. He stat°d the mar, was in business in the City for a long tir,ie. Mr. Smith continu2d to point out that Mr. Povlitzke had 40 to 50 people at the meeting to speak in his behal;. Mr. Smiih said he had requested in his letter of February that the City Manager provide copies ef the affidavits referred to by the Public �afety Director in his memo to the Councii on January 9, 1975 and to date he does not believe these affidavits affirm the recommendation that is in the memo, Mr. Smith pointed out to the Council that in addition to the opinion submitted to the � Council concerning the Judge Devitt decis9on, which states that the Council can be held personnally liable (Mr. Smith noted that Judge Devitt is the most conservative Judge in the District) there are three other decisions that deal N!ith this criteria. He said he had sent these opinions to the City Attornev, but he had not submitted them to the Council. Mr. Smith said if there has been no positive testimony to break down the moral character of the applicant, he is entitled to a license according to the due process and equal protection of rights. � ' � �� Mr. Smith said the applicant had put $250,000 into the bus;iness and has been there for 14 years. Mr. Smith said Mr. Povlitzke had been charged arith violations of the City . Ordinances twice, and both times found not guilty. Mr. Smith said he did not feel that thare was any valid re�ason for further delay and asked that the Council give ihe applicant the green light .to go ahead and start the work on the kitchen. ' Mr. Richard Povlitzke, Frontier Club, addressed the Counc�il and asked if the reason the Council was dela��ing the matter is because he had not p7anted trees in front of his place of business. He mentioned that the bank and other places of business in the City had not planted trees. He mentioned the other licenses that had been reserved by the other applicants recently and questioned �vhy there had been no delay in the other cases. Mr. Povliizke recal]ed when Mr. Nee was on the Council previously, he indicated that he would like the police called in any instance of trouble at any of _ __ __ ___ _, � � �— __ - - - — --_ _ _— —_ __ __. ____ _._ _.._ _ __ I 30U . , � RE6ULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 10 the drinking in the City. He added, in the past he had taken care of the trouble himself, now he calls the police and the City tells him he has too many police calls. He said he did not believe that he had any more than any other establishment in the City. Mayor Nee asked if the members of the Council had any more question.s and tfier�e was no response. MOTJON by Councilman Breider to table the consideration of issuing the Liquor License to Mr. Richard Povlitzke until the next meeting of the Council. Mayor Nee declared the motion DIED FOR LACK OF A SECOND. Councilwoman Kukowski said she had visited the establishment and reviewed the Police report and had not found anything in the reports which she felt would be detrimental • to the moral character of the applicant. She said no one had presented any facts to her to enforce why a license should not be granted if the applicant meets all the license requirements and State Statutes, etc. MOTION by Councilwoman Kukowski to direct the Administration to prepare a resolution _ indicating the intent of the City to reserve a tiquor license for Mr. Richard Duane c . Povlitzke, Frontier Club, which will be available upon meetiny all the requirements of the City's Liquor Ordinance, meeting all building codes, health and sanitation requirements, stipulations of the Building 5tandards-Design Control Subcommittee and that this be reserved for the period of six months withthe option of an extension by the Counci:l after this time if the need is justified. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick indicated he felt, not only in this case, but other cases also, that if the 3.2 license had been issued over the past 14 years with no indication of any problems, there would be no reason for the denial of the liquor license. He said if such an instance exists, the 3.2 license should have been reconsidered during ' this period of time and the reasons for this noted as a matter of City records. Ne said if there were some type of violations, alhy had this not been acted on by the Council in the past. He felt this should have been taken care of by the Council previously if there was any question. .Councilman Breider said he could not remember when the Council htd acted on the , issuance of a liquor license with only four members of the Council present. Council- man Breider asked if the motion ���ould intend to require the applicant to bring the business to code. Councilwoman Kukowski said she intended the motion to be the same as in the other reservations for a license by the other applicants. . Mayor Nee asked if this motion indicated the adoption of the Resolution, or did it direct the Administration to prepare such a resolution to be presented to the Council for consideration the following week? Councilman Breider said he felt they should vote on the issuance when the Ward Councilman Councilman Starwalt was in attendance. Councilwoman Kukowski indicated the motion to intend the Administration to prepare the resolution and present it to the Council the following week. tfPON A VOICE UOTE, all voting aye, Mayor Nee declared the motion carried unanimously. INANCE NO 5Rn - RELATING TO THE SALE OF REAL ESTATF OWNED BY THE CITY (GEORGE P1ayor Nee said the City had entered into a contract with Mr. Nicklow the past year. The City Attorney explained that the City had entered into such a contract for deed and if after the period of five years, the City would like to purchase the property it would be possible for the property to be deeded back to the City. The City Attorney said as long as the matter was fresh in the minds of the Council, he thought this action was appropriate at this time and would complete the transaction so the property could be deeded to the individual. MOTION by Councilman Breider to waive the reading of the Ordinance and adopt Ordinance No. 580 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a roll call vote, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Breider voting aye, !4ayor Nee declared the motion carried unanimously. NEW BUSINESS: �..,� ` RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING Of FEBRUARY 19 1975: �j i , • RE UEST FOR A SPECIAL USE PERMIT SP. #74-17 BY GEORGE WALCIUIST: TO PERP�1IT TNE � i._________ _ _ _ _ _ _- __ - ----- _ _ __.._ _ _. __ _ __ _ _---- —__--- �1 . i � � � ' REGULAR C011NCI! MEETING OF FEBRUARY 24, 1975 ON OF A BUILDING FOR RUST PROOFIP�G OF AUTOMOBILE.`i IOfJ 205.]31, �A,1�0� IN APJ P1-1 ZONE LIG;iT IiiGUSTft n� oononcrn oi aT P c .t7a_f12 ta�Rl.!AI RTf.F f.RFFI: 301 PAGE 11 PER FRIDLEY S TO BE LO Mayor Nee informed the Council that this item did not need Councii action at tne present time. CONSIDERATION OF A REZONING REOlJEST, ZOA u74-05, BY RAO f�ANUFACTL'RING COMPANY: TO REZONE FROM C-2S, GtIVERAL SHUPPING P.REAS TO I-1-1 LIGHT I\D'uSTRIFL A.REAS , LOTS 3- 15, LOTS 27 - 32, APlD PARTS OF LOTS 2 APlD 16, ALL Ii1 BLOCK 9; VAC.ATED ALEYS IN aLOCK 9, AND THE EAST HALF OF VACATED MAIN STREET LYI�VG ADJACENT TO BLOCK . ' The City Manager said this item �,�as stil? under consideration by the Planning f,ommission. ' REQUEST FOR A LOT SPLIT, L. S. �`i4-Ol, DEF�:V FIARP10P1: SPLIT OFF THE EASTERLY 3 FEET . OF THE ��iOP,TN 1/3 OF LOl ��, F�CEFT THE EAST 85 F�ET,_ EY,CEP-i THE ��•I�ST 25 FEET, ; ND � � � ., ' � � � The Public Works Director, I�1r. Richard Sobiech, explained to the Council that according to a verification survey, tne gai°age construction was three feet into the abutting property. Hepointed out now the property own2r ewns the ��djoining property or boi,h parcels and is requesting a lot split of eight feet to pl+�ce the constrUCtion within the bounds of the parcel. The Public 4!orks Director expl�ained that P�Ir. Na.rmon, the applicant Hras present to answer any questions. Councilwoman Kukowski asked if this sort of thing could happen again in the future. The Public Works Director said this had been constructed prior to the time that a verifying survey was required and noa� the applicant oN�ns bo±h parcels. TYie Public 4lorks Director said the verifying surveys are now required on all new construction. MOl'ION.by CouncilmanBreider to approve the Lot Split #75-01, 1600 and 16'g Onondana Street as requested by Mr. Dean Harmon. Seconded by Cour�cilman Fitzpatrick. Upon a voice vote, all voting aye, Dlayor Nee declared the motion carried unanimously. P40TION by Councilman 3rieder to receive the minutes of the Planning Commission meeting of February 1�, 1975. Seconded by Councilman Fitzpairic{:. llpon a voice vote, all voting aye, Mayor Nee declared tne motion carried unanimously. RECEIUING THE P1INUTES Of THE ENVIROP�MENTAL QUALITY COP1MISSIO� MEETIIdG OF J.ANUA?Y 21, 1975: MOTION by Councilman Fitzpatrick te receive the minutes �of the Envire��mental Qualit,� Commission Meeting of January Z5, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. RtCEIVING THE MIPdUTES OF THE CITIZEtd BIKELIAY CGi�h1ITTEE ��IEETING OF JAtdUARY 29> 1975: MOTION by Councilman Breider to receive the minutes of the Citizen Bikeway Committee of January 29, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, �4ayor Nee declared the motion carried unanimously. RECEIVING TFIE MINUTES OF THE CITIZEPI BIKEWAY COMMITTEE MEETIPdG OF FEBRUF,RY 5, 1975: MOTION by Councilman Fitzpatrick to receive the minutes of the Citizen Bikeway Correnittee P1eeting of February 5> 1975. Second�d by Council�yoman Kuko��ski. Upon a voice vote, all voting aye, Mayor Nee declared the moi;ion carried unanimously. RECEIVING THE MINtJTES OF THE CITIZEN BIKEWAY COMMITTEE P4EETING OF fEBRUARY 12, 1975: MOTIOP! by Councilwoman Y.ukowski to receive the ninutes of the Citizen 8ikeway Committee meeting of February 12, 1975. Seconded by Co�ncilman Breider. Upon a voice vote, all voting aye, f4ayor Nee declared the moti�on carried unanimousTy. CONSIDERA7ION OF AWARDING BID FOR TRUCK MQL'NTED SE�IEg RODDI��'(' t,1ArWIrtF (Rtns nPFNFn rtBRUARY 3 1975, 11:00 A•hl•l: The Public Works Director said the bids had been opened on february 3, 19�5 and only .. � , i i , 302 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 RAGE one bid had been received. He continued to explain that the specifications for the,equipment had been sent to eipht companies. He said the City needed a very tough piece of equioment to remove roots in many parts of the City and this cal for a very specialized type of equipment. The Public Works Director said there are also many instances when the equipment would be needed on the back property lines and this type of equipment vrould be used to work within this type of easement. The Public Works Director recommended the Council award the contract in the amc of $10,147. hi0TI0N by Councilwoman Kukowski to receive the bids frori the Flexible Pioe Tool of Minneapolis and award the Contract to the Flexible Pipe Tool Company in the amount of $10,147. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. Councilwoman Kukowski asked if in the future the Council could be provided with an illustration of the equipment proposed for purchase so they N�ould know what they are purchasing. The Public Works Director said this would be possible. RECEIVING AhEP�ORANDUM FROM ASSISTAPIf CITY P1ANAGER/FINANCE DIRtiCTOR REGARDING PROPOSED AMENDMENTS TO THE CITY CHARTER: The Finance Director said he had talked to Mr. Sheridan, Chairman of the Charter Commission and he had indicated that the Charter Commission would not be submitting any additional items for consideration on the special election ballot. The Finance Director said the Commission would be submittina their comments on the matter to the Council. CONSIDERATION OF SETTING UP TIME FOR SPECIAL COUNCIL MEETING ON TUESDAY, FEBRUARY 25, 1975 FOR SALE OF GENERAL OBIIGATIOP! REFUPfDING BOPlDS: The Finance Director said this meeting would be for the purpose of awarding the bid for the refunding bonds. The City Manager pointed out that the City's rating had been raised from A to A-1. Councilr�oman Kukowski asked if the rating could be any higher than it is at the present. Mayor Nee said it could go to AAA. h1ayor Nee noted that New York had been eliminated from the rating system because their rating had become so low. MOTION by Councitman Fitzpatrick to set the Special P?eetina for the sale of the General Obliqation Refunding Qonds for Tuesday, February 25, 1975 at 5:30 P.M. Seconded by Councilwoman Kukowski. Uoon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. RESOLUTION N0. 31-1975 - ORDERIPIG If4PR0`!EME"IT, APPROVAL OF PLAPJS AND ORDERIfdG e Mayor Nee asked if the portions of the improvement requPsted had been deleted. The Public Works Director said HIckory and Capital had been removed from the project. He explained that within the total project, two trees wouid have to � be removed and in these instances, the trees would be replaced. MOTION by Councilwoman Kukowski to adoot Resolution No. 31-1975, ordering improvement approval of plans and orderinq advertisement for bids, Street Improvement Project St. 1975-1 and ST. 1975-2 (MSAS). Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 32-1975 - TO_PETITION TO THE METROPOLITAN COUPlCIL TO REVISE THE, The Public 4Jorks Director explained that this revision related to areas #1 and �2 and this action was required by the approval of the Comprehensive Sewer Plan. he pointed out on Page 14-A of the aqenda where this requirement is 7isted within the Resolution No. 73-225 of the P�etropolitan Sewer Board. The Public Works Directar pointed out that this would increase the total cost of the ' system at the completion of the ultimate system of about �500 per month. He said '�--�. i now the total increase being the system is not complete would be about $100 per f month. !. , ' ' � i ' i ' � ' 303 REGUL.AR COUNCIL MEETING OF FEBRUARY 24, 1'�75 PAG� 13 MOTION by Councilman Breider to adopt Resolution No. 32-1975, Petitioning the Metropolitan Council to revise the P+letropolitan 4laste Control Commission's Service Area ;�l and �2 Boundaries within the City of Fridley. Seconded by Counci7a�oman Kukowski. Mr. Nick Garaffa, 5750 Monroe Street, asked what this would c�os� thr_ cit�zen in the City in tax dollars. The Public Works Director said this wo�ald be an incre�.se of about 1.6% at the ultimate completion of the system. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motio„ carried unanimousiy. RESOLUTION N0. 33-1975 - SUPPORTING SENA7E FILE N0. 95 PROVIDING FOR A SERVICE CHARGE ON TAX EXEMPT PROPERTIES: The Finance Girector said this woul� su�port a bill that would require t!-�c �ax exempt properties to pay a service charge to the City for Police and Fiti°e '_'ervice. MOTION by Councilman Breider to adopt Resolution No. 33-1975, su"pporting Senate Fiie f;a. 95 providing for a service charge cn t�ax exempt p��opr-rt:es. �econ�e� by Councilwoman Kukowski. Uoon a voice vote, all voting ay , Maya;� N�e dcclarea the motion carried unanimously. COirSIOERATICP�i OF APPOINTMEM7 i0 BUILDING STANDARG; - DESIGN CONTROL COP�i":ITT�E: P�ICtIU�! by Councilman Breider to table the consireration of the appointmen: to the Buil��ii�g Si;andards-Design Control Committee until the next meeting of t�,e Council. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P'a;�or i!ee declared the motion carried unanimously. CCfiSIUERATI01; OF APPOINTMENT OF hEW CHAIRMAi�! FCR �LaNN1P,G COMMISSICPi Councilman Fitzpatrick said he would like to nonimate P1r. Richard Harris, ihe c�:rre�t Vice-Chairman of the Planning Commission for Chairman�of the Planning Coinmission. Councilman FitzpatriC:: SnIU' ilP. .`'iE�lE4P.CI P��, i'di"7'.lS �0 t,e VEfJ CCt15C�ertirus dFOU'C hiS.��U'i.'ifS Otl t�"i� C0171ffI1S3i0il d11d i�as acted aS ��nl!"f"dll S2V°Y'd� i.ifi^-c;. !?� d�SO indicated Mr. Harris' attendence to be good at the meetings. MOTION by Councilman Fitzpatrick to nominate Mr. Richard Harris as Chairman cf t;�e Planning Commission. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nae declared the motion carried unanimously. ' The City �4anaoer said there were a number of appointments to i�e made ir P.�ril and he would bring the necessary lists in the form of a resoluiion back to the Counci 1 at the next regul ar meet i-�o. I'� a� k2d i f':he Cou,�ci 1 woul d': i�:e tt:e vacancies published to gain publ ic �nter�st �;, thes� posi �icn:>. {:'� saic' if: wo�aid , be better to have the appointments from those willinq to ser��Ea and v.�ho a:^2 c��nable because the committees serve an important function in helpinq the Council. He suggested the vacancies be noted in the local paper and also c;•:� tl�e Cuble Tele��is�c-� system. ' � , ' Councilwoman Kukowski agreed with this type of publication to gain volunteers to serve on the various committees. Counc?lman Breider indicated that he thought the publication should b� �n�it�held unti] the Council had a chance to determine if the people who"s terms have expired would like to continue serving and would like to be reappointed< He surgested that the list be given to the Council for the period of one week to determir:� w;�ic!� vacancies would have to be filled. Mayor Nee said the list should ts subniitted to the Council anci th� co„sideratien brought back the next week. CLAIMS: GEi�IFRAL 38850 - 39740 lIQUOR 9573 9635 MOTION by Councilman Breider to pay the claims. Seconded b�� (:ounciT�NOman Ka�o4r�ki. Upon a voice vote, all voting aye, Mayor P�ee declared the mot�on carried unanimously. e -__ ___ __ . __ ___ -- .. _ __. _. _! � � _, _ _ _ � � - _ _ . __• 304 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1g75 FAGE 14 LICENSES: GENERAL CONTRACTOR: BY: APPROVED BY Pendzimaz-Hallen Construction Co. John h1. Pendzimas C. Belisle 5740 arooklyln Boulevard Brooklyn Center, P1inn. 55429 Sunrise Construction Corp. Arthur L. Fretag C. Belisle 3106 61st Avenue North Minneapolis, Minn. 55429 SIGN ERECTORS: ' Cragg Incorporated l�lilliam A. Cragg C. Belisle 822 West Broadway Minneapolis, Minn. 55411 P�laster Signs of Minne.�olis Sanders Mocre C. Belisle 3637 13th Avenue Soutn , Minneapolis, Minn. 55407 MULTIPLE D4IELLIPlG: ADDRESS UNITS APPP.OVEG BY Roscoe Smith & 5451 5th St. N. E. 32 R. D. Aldrich C. W. Hommeyer Fire Prev. � 3504 Larchwood t�linnetonka, Minn. 55343 Umberto M. Virgillo 5�l00 7th St. N. E. 3 R. D. Aldrich 4521 l�linnetka Ave. #106 Fire Prev. New Hope, Minn. 55428 MOTI�N by Councilwoman Kukowski to approve the licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: ° Peter Lametti Construction Co. ' � 615 Drake Street St. Paul, Minnesota 55102 PARTIAL Estimate #4 for Sanitary Sewer Improvement No. 113 (Central Avenue Relief Sewer) for period ending January 31, 1975 $13,500.00 American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 PARTIAL Estimate #1 for Sanitary Sewer, blater and Storm Sewer Improvement Project No. 116 for period ending February 13, 1975 81,974.25 Comstock and Davis, Inc. 14A6 County Road "J" Minneapolis, P1innesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following work: PARTIAL Estimate �13 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 11n from ; December 29, 1974 through January 31, 1975 1gg,14 ' PARTIAL Estimate #8 for Sanitary Sewer and Water Improvement Project No. 115 from December 29, 1974 through January 31, 1975 6.69 �\� PARTIAL Estimate �t2 for Water, Sanitary Sewer & ' �_ __ __ _ _ _- —. . _ 0 0 � J u 0 � REGULAR COUPlCIL h1EETIPlG OF FEBRUARY 24, 1475 Storm Sewer Ir.iprovement Project No. 116 from December 29, 197�! through January 31, 1475 Carl Newquist Smith, Juster, Feikenia, Haskvitz and Casserly Builders Exchange Quilding Minneapolis, Minnesota 55402 for legal services render•ed a's Prosecutor for January Virgil Herrick Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For legal services rendered as City Attorney for January 305 � PAGE 15 $ 3,018.44 1,266.25 1,765.00 MQTION by Councilman Breider to ap�rove the estimat�s. Secondeci by Councilwoman KukoHrski. Upon a voice vote, all voting aye, hlayor Nee declared the m�tion carried unanir�ously. RFCEIVING LIQUOR OPERATIONS REPORT FOR 1974: The Finance Director listed the sales figures for 1973 a.nd 1974 and said $75,000 had been transferred to the General Fund. He said the operation had been tightened up thro�gh 1974. Mayor Nee questioned if the Council should take some action o,` the adjustmert of the salaries for the Manager and Assistant Liquor Store P1anagers, but added this would not 6e possible for the Council until some recommendation vaas rece�ved by the City P4anager. He recalled the 61anaager and Assistant Manager had taken a cut in salary while the other liquor store employees received a cost of living increase. Mayor Nee said he would like to have the City Manager brfng back a proposal for equalizing salaries. The City Marager pointed out that the 19J4 liquor store operations exceeded 17°� return on investment. The City Manager explained that the City staff was in the process of working out a recommendation to the Council and the e�nployees understand that this will be retroactive from the first of the year. RECETVIfJG COMt+IUNICP,TION FROP1 LARRY JAMISON, 7301 CONCERTO CURVE=, REGARDING PARKING VIOLATIONS AND St�UW REMOVAL: Councilman Sreider indicated the letter was basically a complaint concerning the policy of towing cars for the plowing of streets. He said he thought the letter warranted the City to look at the policy and come up with something better. He said this matter would be too complicated to make any solid progress a* the present meeting> but he thought this policy should be reviewed by the Police Department. He suggested that this be a topic at the upcominq study session on the fourth P�londay evening in March. CONSIDERATIOiV OF APPOINTM[NT OF P1EMCsER OF THE COUNCIL AND MEP16ER OF THE STAFF ON POLICE COP1hiISSION PRESEPITED BY THE CITY ATTORNEY: The City Attorney said he had some discussion with two members of the Police Commission and they would like to work on revie�aina the rules and regulations. They had indicated they would like a member of the Council and a member of the staff appointed to work with them to establish changes that wauld be acceptable. Mayor Nee said Councilman Ereider had been working with the Police Department on this type of matter. He suggesi:ed tf�at Counciiman areider bE� appointed. Councilman Breider said he would serve in this capacity. P�OTION by Councilwoman Kukowski to appoint Councilman areider as the Council's representative to work w,ith the Police Commission to review tN�e changes in rules and regulations. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P�layor Nee declared the motion carried unanimously. . l___ _ _ __ ___ _ _'� __ _ __ . _ _ _ . e � 306 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 16 Mayor Nee said the Council would not have to deal with the question of who the staff representative would be, this would be up to the City Manager. CONCERN EXPRESSED BY MAYOR NEE OP! SETTLEP4ENT 4dITH PARK RANGER: Mayor Nee indicated he had obtained information that the City was not being fair to the Park Ranger. He said he had received many calls commending the Park Ranger and he would like this matter settled. The City Manager explained that the staff had been working on this and had discussed this with the representatives of the schools to work out his duties and department functions. He said this would be discussed at budget time and something should be worked out with the school people first. MR..HEPlRY PETERSOPd, AhiERICAN LEGION, REQUEST THAT VETERANS BE NpTIFIED PRIOR TO � ACTION TAKEN CONCERPlING THE��l: Mr. Peterson addressed the Council and requested that the Veterans be notified ' in the future if the Council was to take any action concerning them. Ne expressed dissatisfac�ion atthe fact that the itein acted on that evenin9 by the Council had come up during the Visitors section with no notification to the public. Mayor PJee said he believed this to be a reasonable reauest, Mr. Peterson said he believed the item should have been tabled. ADJOURP!MENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwoman . Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the �ridley City Council of February 24, 1975 adjourned at 10:26 P.P1. Respectfully submitted, �� • Pat Ranstrom William J. Nee Secretary to the City Council Mayor Date Approved ��� � I � �-�— --� � � � � !� i � J 1 � � . � I'� �f=Rli�(_�:Y CITY Ci)U►�CIL - REGUL/1R P�iLLTIi�G 11GE��D1� � FEBZUI-1RY 24, 1975 - 7:30 P,f�i. � 7:30 PL�i�G� i�F �LL�GIA��►CE: Given � ,,� . . �, '1 . IZOLL i,��LL : Counci 1 man Starwal t absent �PPROVAL OF I IIi'�UTES: R�GULAR Ij�EETING, �ANUARY �ZO, 1g%�� � Adopted as presented. R�GULAR MEETING, FEBRUARY 3,. I9%.'� Adopted as presented. . Ri�OPT I0i`d OF AGEidDA : Added: Receiving report on liquor operations for 1974 Receiving communication from Larry C. Jamison, 7301 Concerto Curve Request by the City Attorney concerning appointments to the Police Civil Service Commission PROCLAf �iATIOi`1: 0 ;' �ONS I DERATI ON OF PROCLAI MI NG M/1RCH 3.- 1�1��cH 9, � 19%� � . .. . . . . As "LE(�GU� OF «�i�IEU VOTERS ��EEK" I N FR I DLEY �1 - . . Adopted. ' ' � ' � � REGULAR MEETING, FEBRUARY 24, 1975 PAGE 2-A OPEi� FORU�� - VISITORS: Mrs. Grace Lynch, Human Relations Commit;tee, questioned City's involvement L in monitoring CETA program: Council directed Administration to prepare application and report back to Council. � Karen Packer, Human Relations Committee, requested support for Veterans P�^eference modification bill: Counci] act�on suppol^ted modifications ' ' � � � ' � � � � Resolution jYO. 30-1975 adopted. (A Resolution Requesting Pas<<ige of House File 84 and Senate File 112 Which Amends Minnesota Statutes Governing Veterans Preference) Mr. Henry Peterson, 6312 Pierce St., American Legion, requested Council reconsider action on Resolution No. 30-1975. No action taken. ' i,�,,,� . i� � � � � R�GULi1R f���CTI�JG, FEBRl�1l2Y ?_4, 197� OLD liUS I i��SS : PAG E 'L �•, CONS I DERAT I O(�1 OF A PROPOSAL TO CONSTRUCT A P�AT I ONAL IiUAKD ARMORY IN THE CITY OF FRID�EY CF'ROM �'iEETING OF ` FEBRUARY l0, 1975) , , , , , , , , , , , , , , � , . , , , . � l - 1 A � �Councilman Breider suggested that the Metropolitan Council work w�th the � area suburbs for a centrally located armory. He indicated he wou.ld prepare . a resolution requesting the Metro Council to take this action. �� �ISCUSSION REGARDIiVG PROPOSED�LEASE AGREEMENT WITH SPRI NGBROOK t�IATURE CENTER FOU[�DATIOt� CFROM MEETI NG OF FEBRUARY ZO, 1975) � � A(VD EZCCEIVING REPORT FROf�I ihATURALIST�ZESOl1RCE COORDINATOR k�GARDING TNE �`ATURE ���ITERPRETIVE PROGRAM FOR 1975 �..� 2"� E 4' Suggested changes to be presented to Springbrook Nature Center Foundation for their meeting February 25, 1975. Administration directed to make changes and bring back modified agreement at meeting of March 3,1975. Report from Naturalist received. Activity confined to. four suggested locations �� with emphasis placed on material instead of tours and that a joint powers agreement be worked on with the variaus schoo� districts. �� �� CONSIDERATIOfV OF ISSUANCE OF LIQUOR LICENSE TO RICHARD �UAiyE POVLITZKE, %3G5 CENTRAL AVENUE i�i� E„ FRIDLL-Y FRONTIER �LUB, ING, tTnB!ED l/2/75 ANn 2/3/75)., ��.. , , 3 Council directed the Administration to draft a resolutian indicating the ' , intent of the City to reserve a liquor.license for Mr. Richard Duane Povlitzke, Frontier Club, which will be avai7able upon m�eting all the requirements of the City's liquor ordinance, meeting all building codes, health and sanitation requirements, stipulations of the Building Standards-Design Control Subommittee and that this be reserved for the period of six months with the option of an extension by the Counci] after this time if the need is justified. I, j � , , � � � � � _-�„� ,...�� �: � � � REGUL�IR f��ETIidG, CES3RUARY 214, 1975 ULD }�USIf't�SS (CONTINUED) 0 ��GL 3 COiVSIDERATION OF SECOND READTNG OF AN ORDINANCE RELATING TO THE SALC OF REAL ESTATE OWNED BY THE . �IiY� � � � . � � � � � � � � � � � � . . . . . , . . . � 4 — � A Ordinance No. 580 Adopted, publication ordered. i�E4°� BUSIi�ESS: i�ECEIVING THE MIPJUTES OF THE PLAfVNING COMMISSION f'�EETI NG OF �EBRUARY 19, 1975 � � � � . � . . � � � � � � � l,. GEORGE �',tALQU I ST SP ��%�-1�, RI CE CREEI< ROAD PLANNIfVG C0�1M. RECOMPfE(�1DATION: �VO ACTIOf� NEEDED �PETITIO�IER OUT OF TOWN) COUNC I L AS�I' I Ot�! REQI; I RE� : r:ONE 2.. RAO i'�FG � �0 ., Z0� �#74-05, 2OO MI SS I SS I PP I STREET ,�j A�I NG COMf� �_CpMP•} ND I01� : �IPPROVAL t�JI TH STIPULATIOIJS �9UN�1_L-,f�GTION �EC�1.�B�p: NONE �PUBLIC ��EARING' SET FOR � ��RC� l0, 1975 ) 5-5F • . . � . 3. �EAN ��ARMON, LoT SPLIT�L,S, #75—01, 1600 & 161� ONONDAGA STREET PL�I� II�G CQh1M, RE.C�4�.1MFt�DAiION: APPROVAL WITH ONE STI PUL{1TION ��IiN�IJ�7_lON�ECIUIRED: CONSIDERATION OF RECOMMEND/1TION Lot �plit approved with stipulation. : J ' R�GULEIR i`1ECTIi�G, FEi3RU11(�Y 24, 1975 I�t�`� I�USIIVLSS �CONTINUED) , ��ECL=IVII�G T�-IE C��1NUTES OF THE ENVIRONME:NTAL QUALITY � �0��1f�1I SS I ON I'�EETIiVG OF �A(�UARY 21, l�%a � � • � � � � � . � � � Received. PAGE 4 � � � t�ECEIVING THE [°�INUTES OF THE CITTZEN bIKEWAY COM(�iITTEE � � i'�EET I NG OF JANUARY 29, 1975 . . . . . . . . . . . . . . . . . 7 - � A , � Received. RECEIVI�G THE I'iINUTES OF THE CITIZEN BIKEWAY COMMITTEE . �`�EET I jJG OF FEBRUARY 5, 1975 � � . � � � • � • • • � � � � � g ` g B Received. 0 RECEIVING THE �'�INUTES OF THE CITI.ZEN BIf�EWAY COMMITTEE ���EETI NG OF FEBRUARY �.2,. 1975 � � � � . � . • • • � � � � � � Received. Mayor Nee requested that the matter of the dedication of�Main Street be discussed at a future meeting. ,� 9--9C 0 REGl;Ll1i� (�iEETIi',G, Ff=�R11�11�Y 2��. 1975 I�VL'« ��511`�ESS CCONTINU�D) 0 PAGE 5 COPJS I DERAT I OiV OF AWARD I tJG �I D FOR TRUCK P�IOUNTED SEWER �Oi�lll NG ��ACf-I I NE �s�I llS �PENED F�BCZU��Y 3, 1975, � � ll:t�c�A�i`�,>, , , , , . . . ._, �, , , �, , , . , . , , , , , �10-10C Bid received and awarded to Flexible Pipe Tool Company of Minneapolis in the amount of $14,183.00. . RECE I VI tVG �`�ENfORANDUM FROM ASS I STANT CI TY MANAGER� FINANCE DIRECTOR REGARDING PROPOSED AMEfVDMETJTS TO THE CITY CHARTER � � . � . . � � � . . . � � . � . � �. � • No action taken. • 0 COiVSIDERATION OF SETTING UP TIP�1E FOR SPECIAL. COUNCIL ' ���1EETI NG ON � UCSDAY, FCBRU�IRY 25, 1975 FOR SALE OF . . . ,. GENERAL OBLIGATION RE�UNDING �ONDS� � . . . � � . . . . . Meeting set for 5:30 P.Pi., February 25, 1975. � tl 1z . l2 0 ! , �...t„i � � � � m REGUi��'1R fY1EETIiJG, FEBRUII(�Y 2�l, 1975 I���W bUSI idESS (Co�vT i n�u�D) , . .. . .. ! t,ONSIi)�RATION OF A iZESOLUTI.ON ORD�RING IMPROVEMENT, � HPPROVAL OF PLANS AND ORDERING f�DVERTiSEMENT FOR BIDS: � � $TREET IMPROVEI�IENT PROJtCT ST, 1975-1 AND ST� 1975-2 r ���S�S�.,,.........�,.....,...,... Resolution No. 31-1975 adopted. � �- � CONSIDERATION OF A iESOLUTION TO PETITION THE �'�ETf20POLITAN COUNCIL TO REVISE THE METROPOLITAN �'�ASTE �. �OVTROL COMMISSION'S SERVICE l-�REA �l AND �Z BOUNDARIES � - . . . . . «ITHIN THE CITY OF FRIDL�Y� � � � � � � � � � � � ' ' ' ' 1� �� r } � t l� 1 � Resolution No. 32-1975 adopted. PAGE 6 13-13B l4 - 14 B C0f1SIDERATION OF A iESOLUTION SUPPORTING SENATE FILE � i+IO� g5 PROVIDING FOR A SERVICE CHARGE ON TAY. EXEMPT PROPERTI ES � . . . . . . . . . . . . . . . . . . . . . . . . l5 - l5 B Resolution No. 33�1975 adopted. 0 .,-,� � ; •' . � � R��UL�R (riECTIi�G, FE�RU11i;Y 2'�, 1975 PI1GE 7 � � f f'�k►�� �SUS�I�I�.SS CCO(�ITIfdUEll) r. . .__ . � � CONS I DERAT.I OiJ OF APPOI NTP�1ENT TO BU I LDI NG ST/�NDARDS — { tllESI GN CONTROL COi�1P�lI TTCE � , � � � � � � � � � � . � � � , . 1G � Tabled until March 3, 1975. ,' �• I 1 . 4 � � I CONSIDERATION OF APPOINTt�IENT OF 11�EW Cl�iAIRMAN FOR PLAi�i� I iJG �Of�if�kI SS I ON � � . � � � � � � . � � � � � . � � � � 1% �, 62 0 River View-Terrace a ointed. �� � Mr. R�chard Harris, 0 PP ! . , � ( ' I � . .. .. . .. . _. . . .. . _ . .. .. 1g ' I.LA I MS � . � � � � . � � � � . � . � � � � � . . . . � � . - (•, Approved. - i �' . . �.. . . .. . . . Li c�NSES , , , , , , , , , , , , , , , , , , , , , , , , , , l9 - l9 A � ' Approved. ,,�� . ,, � tSTI MATES , � � � � . . � . . . 2� — 2� B ;� � Approved. : � �� � _ � � � � ;� � . I` � i � • ' � , , � � � � � , ' , � � REGULAR MEETING, FEBRUARY 24, 1975 PAGE 8 a RECEIVING LIQUOR OPERATIONS REPORT FOR 1974: City Manager directed to bring back report and recommendation for equalizing salaries for Manager and Assistant Manager. RECEIVING COMMUNICATION FROM MR. LARRY JAMISON, 7301 CONCERTO CURVE, REGARDING PARKING VIOLATIONS AND SNOW REMOVAL� The matter was discussed in light of the legality of ticketing. Suggestions for possible modifications of ordinance discussed. REQUEST FOR APPIONTMENT OF MEMBER OF THE COUNCIL AND MEMSER OF STAFF ON POLICE COMMISSION PRESEN7ED BY CITY ATTORNEY: Council appointed Councilman Breider as representative. City Manager to designate City Staff appointment. QUESTION OF FAIRNESS TO PARK RANGER, PRESENTED BY MAYOR NEE: Mayor Nee requested that there be some settlement. P1R. HENRY PETERSON, AMERICAN LEGION, REQUEST 7HAT VETERANS BE NOTIFIED PRIOR TO ACTION TAKEN CONCERNING THEM: (�1ayor Nee agreed to this process. ' ADJOURN: 10:26 P.M. � � �,.. �i FRIDLEY CITY COUNCTL MEETING FLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: -�,�v �� � Cj 7�� � � NAME ADDRESS ITEM NUMBER --------------------------------�--------------------------------------------------------------- �, ------------------------------- ---------------r -----C -- � --------- � ------------ -----------� 7 � '(� 7� i( / i�i✓ �i/ ( U L' � , � � ��Q i � <� ' , ? �`Zwr... // ��lR ��.� �"� .`� 5/ /UE- v 7- �i �' �� �° ;��..�,' �� G� z�/ � .� o� �� - ios�,� �,�,�- � / � �- i �� t� �a� �r'% � � G �I � ' � s _.� %--' �i. � - �01 � -� �� � 3� ��.L�Z� ���� .� � � 4 � ' �� , � � �-� � ` � � �e �3 � f �` : ` _� �`� � ✓�� s� /��-- _ �- � �'� 3 o i �� 5-t . � �a� �.� G�'� - � � - � , -� � � ` ��c c_. , � � �' // .�! � � � � 1 _ � - � - � -#� � � , >r'- � , � ..�����c� �.Sc�' � �.c..2�r �z.� � r- n ' 7l D�c°r�on I� ,'iaf%. � � ��.� � �� � � . �� � � � a-�-�c--- /a p� ����.�..�. � � � � �.>��� ,/O�� �G���t/z� %� c� �' �. � �. , ,� � .�,� � 3 ��} N N lJ, O�li J`— ��% (j ,`�rci v� %�ll��C— � � � � � � �� 5, `�� � J�.` � �y�! , ._ � /�F, � lll h A . � �,�tM � � �I n Ann �,. � � � � � (i l.M ��I� � h �!n _ �C Y r l 1 7� , ��--3 � � FRIDLEY CITY COUNCIL MEETING '� ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERCSTED IN DATE: NAME ADDRESS ITEM NUMBER _____ ________ L==—==_______________—_—__—_______—_____�� ______________—__________--__ � _—___=� a� 3 ��� �� �� �� � o= � '� '� �" i ��(r� ��'r�-Ps�G �/ I n � � /,,� � a{ _ �; .� ��/� G�,��� ��% � � I � I, v � � � U v� �/ ` � ��t��` N � ° � ��� � � .�, � � .� �-��-� , THE'MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 20, 1975 The Regular Meeting of the Fridley City Council of January 20, 1975 was called to order at 7:31 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee invited all who were present to join the Council in saying the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, and Mayor Nee. PIEMBERS ABSENT: None. ADOPTION OF AGENDA: Mayor Nee indicated he had an item to add under Old �usiness, the consideration of an ordinance to amend Chapter 603, Intoxicating L�iquor, of the City Code of the City of Fridley. MOTION by Councilman Starwalt to adopt the agenda as amended with the addition of the consideration of the amendment to Chapter 603, Intoxicating Liquor. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM: UISITORS: Mayor Nee asked if anyone was present who wished to address the Council during the Open Forum Section and there was no response. PUBLIC HEARINGS: H d 253 Mayor Nee explained that this item had been tabled last week with the request that some representative of the plat be present at this time to discuss the various conditions. Councilman Starwalt suggested that this item be taken care of later in the meeting, allowing for the possibility that the representative will attend. Mayor Nee said the Council would come back to this item later in the meeting. OLD BUSINESS: - FOR REZONING REOUEST ZOA #74-04. BY HENRY F. i�IUHICH, TO REZONE �D CONSIDERATION OF APPROVAL OF RE UEST FOR MOUSE RELOCATION ON LOTS 31 AND 32, BLOCK 4 SPRING BROOK PARK AODITION TABLED DECEMBER 16, 1974 : Mayor Nee explained this item to be a request for rezoning and pointed out the general location of the area. He explained that the rezoning had been initiated by Mr. Henry Muhich and the proposed action has the support of all the property owners involved. Mayor Nee continued to explain that the property is currently being used as residential and the people residing in the area are having some problems with financing and maintenance of the homes because of the M-1 zoning. Mayor Nee stated the people of the area petitioned for the rezoning and it was recommended by the Planning Commission that this area be rezoned. He pointed out to the members of the Council that the proposed rezoning would take four Council votes. Mayor Nee asked if there were any questions by any members of the Council. . r- � i � � _� , � � 254 I � REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 2 ' f+lOTION by Councilman Starwalt to adopt Ordinance No. 578, an ordinance for rezor►ing request ZOA #74-04, by Henry F. Muhich, to rezone Lots 11-21 and Lots 28-35, Block 4, Spring Brook Park Addition, from M-1 to R-1, generally located between 79th Way and Longfellow Street and Ashton Avenue and the Railroad tracks. Seconded by Council- � woman Kukowski. Upon a roll call vote, hiayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Breider voting aye, and Councilman 'Starwalt voting aye, Mayor Nee declared the motion carried and the ordinance adapted. � C_� I ' � , _ _----� MOTION by Councilman Breider to issue the permit for the relocation of the house on Lots 31 and 32, Block 4, Spring Brook Park Addition with the stipulations that a two car garage be constructed by the end of 1975 and that a landscaping bond for $5,000 be posted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RE UEST FOR THE CITY TO AUTHORIZE AN EMPLOYEE TO AC7 AS A VOLUNTEER REGISTRAR FOR �HE SELECTIVE SERVICE SYSTEM TABLED JANUARY 6, 1975 : The City Manager ^�inted out that the representative from the Selective Service . System was presen� and if the members of the Council had any questions concerning the proposal, he could answer them. Mr. Junior K. Anderson, Executive Secretary, Selective Service-System area office #19, addressed the Council and introduced himself. Mr. Anderson said they are presently concerned about the distance that the Fridley young men have to travel to register. He pointed out that there is a registrar in Grace High School and also in Robbinsdale. Councilman Starwalt questioned why the registrar had been eliminated at Fridley � High School. i�ir. Anderson explained that an attorney had questioned if there may be a conflict being this was being done during the school emp'layees compensation time. ; He said the question had not been resolved, but the school had discontinued the practice because of the question. He said this is current�y being resolved, and there is the possibility if this is resolved with the opinion that it is not a conflict, the school would again designate the registrar. He explained this to be the best condition for such registrations because the younq people are at the school and would not have to travel. Mayor Nee asked Mr. Anderson how much time would be spent nn the average for each individual registration. Mr. Anderson said this is estimated at about five minutes. Mr. P,nderson further mentioned that the Selectiv� Service System furnishes the necessary paper, materials, etc. The registrations are mailed to the Selective Service office once per week. �ir. Anderson explained that they would not want to take any more time than necessary from the employee's normal dut�ies. Mayor Nee said he felt this would be a reasonable thing to do for the convenience of the young men in"the community. Councilman Breider said he agreed and stated this would be some help to the young men in the City rather than them going to Robbinsdale. P•10TION by Councilman Starwalt to provide and authorize a member of the City Staff to act as volunteer registrar under the jurisdiction of the State Selective Service System. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION OF APPOINTMENTS TO CTTIZEN BIKEWAY COMMITTEE, AREAS #1 AND #3, TA Mayor Nee named two recommendation for appointments if no other members of the Council had suggest�6ns:. These persons were Mrs. John E. Gardiner, 371 Ironton, Area #1, and Mrs. Verner E. Johnson, 5832 University Avenue N. E., Area #3. MOTION by Councilman Starwalt to appoint Mrs. John E. Gardiner as the representative from Area #1 and Mrs. Verner Johnson representative from Area #3. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the rrbtion carried unanimously. . 255 � � � REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE�3 i , CONSIDERATION OF SETTING AN ELECTI�N FOR CHARTER AMENDMENTS�TABLED JANUARY 13, 1975): ' , AND RECEIVING COMMUNICATION FROM CHARTER COMMISSION CHAIRMAN: Mayor Nee explained the item to be the setting of a special election and receiving the communication from the Charter Comnission Chairman. He felt it would be in order to receive the communication from the Charter Commission Chairman before any discussion. i•tOTION by Councilwoman Kukowski to receive the communication from the Chairman of � the Charter Commission, ��(r. Ray Sheridan, dated January 17, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Ma.yor Nee declared the motion carried unanimously. ' ' ' Mayor Nee said he did not know how to proceed from this point. He informed the Council that the two interested groups had met and were not able to make any progress in reconciling their differences. Fie said this could be done by ordinance. He further explained that a petition had been received which requested an amendment to the City Charter in the section relating to vacancies on the Council. He said the petitioners favored that vacancies be filled through �he elective process and the Charter calls for the appointment by the Council of r�placements when there is a vacancy on the Council. lie said the petition had been received from the Committee by the Charter Commission in the first part of October and the Council had formally received the petition January 6, 1975. He said the amendment and proposed change would have to be submitted to the P�P�e in a special election unless there was some agreement between the Petitioning Comnittee, Charter Commission and Council which would allow the question to be muted by adoption of the Coumcil. � Mr. Ken Sporre, 301 Ironton, member of the Petitioning Comnittee addressed the Council and explained that the City Attorney had suggested some modifications in the language of the amendment as submitted by the petitioners. t;e said there was some 1 merit in his suggestions over the language of the original petition. He said the corcmittee had reviewed the City Attorney's suggestions and tended to agree with them and had met with the Charter Corr�nission to work out some agreement. I;e pointed out that the first meeting with the Charter Commission consisted of the Officers of the Comnission and the Petitioning Committee. He said at this meeting, ' the consensus was that they were making some headway toward agreement. Since that time the Committee met with the whole Charter Commission which was the previous week and as the minutes of the meeting ipdicate, no progress was made at reaching an agreement. , ' LJ , i��r. Sporre said he did not think it would be possible for the Committee and Charter Commission to come to agreement on the changes necessary to adopt the amendments in the City Charter by Ordinance. Iir. Sporre continued to explain according to the Attorney General, no amendment can be made to the petition and it would not be possible to withdraw the petition. He said since there had not been a case similar to this, the Attorney General could not provide a written opinion on it. Mr. Sporre continued stating the Attorney General f�lt that the Council could adopt the petition with an amendment if no one objected to this. He added, if none of the signers of the petition file against the amendment to the petition, it could be adopted by ordinance. Mr. Sporre said he did not feel the previously mentioned method would be possible since there had not been any agreement between the Comnittee and the Commission. Mr. Sporre said the people in opposition on the Charter Commission felt the vacancy should be filled by appointment and the Committee feels that the replacement should be elecied or chosen by ihe people. He said they did not have the opportunity to come to a compromise. i�tayor Nee said it would seem that the current action of the Council would be to 1 set a special election. His feeling was that this petition had been continued over and over again for a long period of time. He mentioned it had been three months since its receipt and as long as there is not any possibility of modification, an election should be set. He mentioned if the Charter Conmission would like to � present other questions to the people at this election, they can proceed to do it. ��layor Nee mentioned that this would have to be within the time frame of 90 days from the time the Council had received the petition. ' � Mayor Nee called on the Chairman of the Charter Commission, Mr. Ray Sheridan, to present his views. Mr. Sheridan said the memo which had been written to the `i � � ...___.__-.__.___' ______._...'__.____._'_.....___.._:._._-.___-. _..____'-._ ._.__._.._'.'.__,___. ..._'__.._._-.-_..___. -____r_____.___'�___.._'.�._J � `, 256 � ' � ' � ' � ' REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 4 City Manager and presented to the Council expressed the Commission's views. He said he had believed that at some point the two groups could get together and agree on the amendment. He aiso said he thought this could be cleared up and there was no way that he would stand in the way of this. Mr. Sheridan continued to comment that the Charter Commission felt the requested amendment submitted by the petitioner should stand on its own merits and not be presented to the people with anything contrary to this view. Councilman Breider said in the minutes of the meeting of the 14th of January, 1975 the Charter Commission asks the Council to consider each of the amendments individually and send the amendments back to them. He said the Charter Comnission would then put the remaining points where agreement cannot be reached on the ballot. Mr. Sheridan agreed with this point and said some of the amendments could be placed on the special election ballot. Councilman Breider questioned if there were some original �mendments from the Charter Commission concerning the replacements for seats vacant on the Council. He asked if the Charter Corrmission would take some action on keeping this amendment off the ballot. Mr. Sheridan said the Charter Commission would not put their recommendation on the ballot at the same time as the petitioners requested amendment. - The City Manager asked if March 4th would be the best day and the finance Director said yes. Mayor Nee asked when the deadline for the elect�on would be and the Finance Director said it would have to be held by April 4th. He added, the special election could be hald anytime up until the end of March. • Councilwoman Kukowski questioned if when the election is se�t could the Charter � amendments be on the ballot also? The Finance Director sard in this case, six weeks lead time would be needed for setting the election for these points also. He elaborated, this would mean that from the time the Council decides what amendments would be placed on the ballot, the period of six weeks would be needed to publish ' the notices and print these ballots also. He said if the (:ouncil would consider this type of action, he would suggest that the election be set fior later in the month of March. He said individually, each point to be placed on the ballot would need six weeks in time. � ,'� : , ' CJ Councilwoman kukowski questioned Mr. Sheridan on the point of whether it would be possible for the Charter Co�nission to prepare some items f`or the ballot at this special election. ^1r. Sheridan replied, he believed this would be possible. He said he thought there were only approximately one haif a dozen amendments that may be controversial, or that the Council would be concerned about adopting without the input of the people of the City. He said the total number of amendments recommended by the Charter Commission had been 24, and with the elimination of the amendment to the section on the Council vacancies, this would leave a total of 23. He said the remainder of the amendments may be handled through the process withira the provisions possible for amendment by ordinance. Councilwoman Kukowski mentioned if there is going to be an election, she felt that they should put additional matters on the ballot. She said if the City is going to go through the expense of having an election, the additional questions should be included. Councilman Breider said, if there is a special election, he felt the other five or six items should be taken care of at this time. Ne said if' some could not be taken care of at the special election, this could go on the ballot in the fall when there are only two Council Ward positions to be determined. t�10T10N by Councilman Breider to set the special election for March 25, 1975 and 1 authorize the Charter Commission to prepare the amendments `nr the ballot that they feel should be presented to the citizens, with the item submitted by the Petitioning Cormnittee concerning the vacancies on the Council. Seconded by Councilwoman Kukowski. � , , _. Councilwoman Kukowski asked the Finance Uirector if the motion would be satisfactory for his time schedule and the Finance Director said yes. UPON A VOICE VOTE, all voting eye, Mayor Nee declared the motion carried unanimously. 7 � C� ' � ' ' � � ' � � ' r , � REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 5 CONSIDERATION OF FIRST READI1dG OF AN ORDINANCE AMENDING SECTION 603, INTOXICATING LIQUOR: Mayor Nee presented an explanation of this consideration stating the proposed ordin would modify the present liquor ordinance and update the requirements for on-sale liquor businesses in the City of Fridley. He said the ordinance proposed relates minimum areas and other criteria items that had been proposed for change. The City Manager explained one change to be the requirement that 51% of the business of an establishment be done in food, now would be 40� for food. The Cit Manager said the second change is in the section which would now require that park plans be submitted to the City and that rather than the previously required one st for each four in seating capacity, now this would requirE� one stall for each three seating capacity. He pointed out that the third change would relate to the instal of sprinkling systems and new construction would be requ�red to install such a sys within two years. He said after this, if additional exte�nsions in time are requir fm the installation, the applicant could appear before the Council for this consid The City Manager said the other changes in the ordinance are correcting section nu they conform. 4ie correnented that the square footage requirement was being changed that the total minimum building area will be 5,000 with a minimum kitchen and dini area of 2,000 souare feet. The City Manager said the mir�imum seating capacity in .,.� proposed ordina.�ce is 130 people. The City Manager continued to explain the changes proposed and mentioned the minimum 5quare footage for public use for a hotel without a dining room will be 900 square feet. He said the 40% requirement would be enforced by ordinance and proof must be provided. He further explained that the section had been modified so that 40% of the gross sales be derived from food sales and this had been changed from the wording that this be the principle portion. He said the applicant should submit proof before renewal of the license. The City Manager said the hotel would be a little different type of operation. He said this consideration had not been discussed at the study session, and the Administration left the wording as it was. Councilman Sreider said he believed they were talking aoubt a hotel with convention facilities. He said if thi.s minimum area would include the dining area and any convention facilities. He said under this type of condition, the hotel could put in rooms and not provide too much in public area for conventions and the City would be hard pressed t� grant the license. The City Attorney said under this type of working, this would be correct. The City Attorney felt the ordinance should state the same requirements for the hotel and restaurant. Councilman Breider asked if there would be a minimum for the kitchen facilities also. h1ayor Nee said he thought the ��tord "hotel" should be inserted in the area requirements for the restaurant or state, "i�o "on sale" license shall be granted for a restaurant and hotel that does not have a minimum total building area of 5,000 square feet," etc. He also suggested that the remainder of the sentence after• the wording "seating capacity of 130, open to the public," should be deieted. , i�lr. Wyman Smith questioned the conditions for the installation of a sprinkler system and the City Manager said a business in an existing building would be allowed to operate for two years before this would have to be installed. P1r. Smith expressed concern about the wording of this section and the City Manager said this would be clarified. � Mayor Nee said it wauld be in order to amend the proposed ordinance. i�lOTION by Couniclman Breider to amend the proposed ordinance changing the requirement � for hotel square footage from 900 to 2,000 square feet for kitchen and dining, inserting the word hotel after restaurant and deleting the end portion of the sentence. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , ' ' i�TION by Councilman Starwalt to amend the portion of the ordinance relating to the conditions of the installation of the sprinkler system, (Section 603.032, paragraph b.) to state there will be a two year time period for compliance on existing buildings. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Ytayor Nee declared the motion carried unanimously. - ' i � ___------ _ _ _ __ --- ----------- ------------------ __� _ _._ __ _ __._____ _ ----__________, i 258 i, � REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE .6 Counci7man Starwalt asked if there would be an amendment in the section referring to the certificate of occupancy. i�1ayor Nee said this could be taken care at the time the ordinance comes back for second reading. Councilman Breider asked if it was not already provided for. MOTION by Councilman Breider to adopt the ordinance to amend the Intoxicating Liquor Ordinance on first reading as amended. Seconded by Counci'Iman Starwalt. Mayor Nee offered the members of the audience a copy of thE� ordinance to read. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried uannimously. PUBLIC HEARING ON FINAL PLAT P. S. #74-08, fiERWAL RICE CRFEK TERRACE BY GEORGE L. Councilman Starwalt brought to the Counci7's attention thai: this item had been delayed until Mr. Walquist may be present and he felt it should be discussed under old business. Mr. Sobiech asked if Mr. Walquist was present at this time and Mr. Walquist responded. Councilman Starwalt informed Mr. Walquist that he had requested that Mr. Walquist � attend a session of the Council concerning this consideration to be sure he was aware of the various stipulations and that non complianc�: with these stipulations , wauld jeopardize any future plans to obtain permits. Mr. Walquist asked what the stipulations were that had been recommended. 7he Public ,� Works Director read the stipulations aloud to the Council and audience and briefly explained each of them. ;�r. Walquist related that he had no real objections with the exception of the size easements. Fle said the City would be taking most of the lot for easements. The Public Works Director explained thF fourth stipulation '' concerning the easement saying there is an existing sanitar�y sewer in this area and this easement would be necessary so no future construction would jeopardize this sanitary s�er. Mr. Walquist again stated that there were no major problems with the stipulations other than the amount of property being put into easements. ' � The Public Works Director said they were working on this portion of the plan and this easement would not make the area unusable, it could be used for parking and landscaping, etc. The Public Works Director said he would like to propose an additional stipulation requiring the plat to be submitted to the Rice Creek Watershed District for their comments. � Mr. Walquist questioned if the Council would approve the variance on Lot 5. He indicated it would not be possible to plat the property as proposed unless this is appraved. The City Manager informed the petitioner that this portion of the consideration would be taken up by the Council during the minutes of the Board � of Appeals consideration which appeared later on the agenda. He pointed out that at this time, the plat was being discussed within the public hearing and the final plat approval would not be taken care of by the Council until the next meeting. , ' � ' ' The Public Works Director said the current action of the Council would be to close the public hearing and later consider the variance and building plans. Mayor Nee asked if the adjoining property owner had established his approval of this plan. f�ir. Walquist said he did approve, and added he represented both parties. The City Manager asked if there is a need for a bikeway in this area, would the easement be sufficient? The City Manager asked if there is a need for a bikeway in this area, would the easement be sufficient? 7he Public Works Director said there may be the need for a bikeway in the future but indicated he was not sure if this had been taken into consideration. He said he was not sure if the bikeway would be extended this far. Mr. Walquist said the County had indicated the possibility of the ditch being filled in favor of a closed piping system. The City Manager asked if the property owner had granted the County the necessary easements and Mr. Walquist said yes. The City Manager said he believed it should be made clear t� the applicant that 1 259 ; REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 7 the City has no plan to pipe the drainage in this area. He said if this is to be done, it would have to be done by comnitment or by the developer of the property. He said there is no commitment on the part of the City. • MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, ttayor Nee declared the motion carried unanimously and the public hearing closed at 9:52 P.i�l. ��EW BUSINESS: RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF DECEMBER 30, 1974: ��lOTION by Councilman Starwalt to receive the minutes of the Charter Commission Meeting of December 30, 1974. Seconded by Counciiman Breider. Upon a voice vote, all voting aye, f•layor Nee declared the maotion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF JANUARY 14, 1975: f•10TION by Councilman Starwalt to receive the minutes of the Charter Commission meeting of January 14, 1975. Seconded by CouncilFVOman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F APPROVAL OF FINAL PLAT P. S#74-06, ZANDER'S FIRST ADDIT . The Public Works Director said the Public Hearing on ±his plat had been held the , previous week and there had been no objections to the plat. He further explained that the Planning Commission had recommended approval of the plat with four stipulations. Mr. Sobiech read and explained the stipulations to the Council. � Councilman Starwalt said this had been discussed and he had no objections to the plat. MOTION by Councilman Starwalt to approve the final plat P.S. #74-06, Zander's First Addition, by Dailey Homes, Inc., located south of 61st Avenue between Benjamin Street and McKinley Street, with the four stipulations recommended by the Planning Commission. � Seconded by Councilwoman Kukowski. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. ' � ' , CONSIDERATION OF ISSUANCE OF LIQUOR LICENSE TO MAX SALITERMAN FOR THE KING'S CHALET, INC., 6259 HIGHWAY N0. 65. i�ayor Nee asked if the applicant or his counsel had read the ordinance concerning the criteria for liquor establishments that had been adopted on first reading by the Council that evening. �tr. Wyman Smith, Httorney for the King's Chalet or Mr. Max Saliterman, addressed the Council and said he had read the ordinance. Mayor Nee continued to explain this consideration to be whether or not the Council would be willing to issue a liquor license upon satisfaction of the various requirements. hiayor Nee questioned if there were any comments from the Council concerning this consideration. Councilman Starwalt asked if all of the preliminary plans had been submitted to the City on this proposal. The Public Works Director said the only plans that had been submitted so far is the one that the Council had seen and this was the plan for the dining area, kitchen and bar of the proposed liquor establishment. Councilman Starwalt asked if the facility is equiped with a sprinkling system at the present time. The Public Works Director said no, it is not. Councilman Starwalt asked Mr. Wyman Smith if he understood all that had taken place on the proposed ordinance changes. Mr. Smith said yes. He said he had attended the study session the previous week and mentioned the possible changes to Mr. Saliterman and he concurs with them. �-1r. Smith sta�ed Mr. Saliterman had given him the green light. The City Attorney advised the Council that it would be appropriate for the Council to ' adopt a Resolution stating that if the applicant meets all of the requirements of the City in the issuance of the liquor license and all of the building codes, health , and sanitation codes and other regulations of the license, the license will be � ' __ __ _ ________ _ ____,_... _ _. _ _.------ __ _ _ __ __ _--- - -- -- -_.___ _ �_ _ _ _ _----- - . _ . __. ,. __ _ _—� �� � E ! 260 � � � � �I'' REGULAR COUNCIL MEETING OF JANUARY 20; }975 PAGE 8 available for Mr. Saliterman and be reserved for a reasonable amount of time. He added, this wouid ailow the applicant to proceed with the plans for the construction of the restaurant. Councilman Starwalt agreed with the suggestion of the City Attorney, He said he would like to have this statement become the motion. i�10TI0N by Councilman Starwalt to have the City Attorney draft a Resolution stating a license will be available for Mr. Saliterman if he meets all of the requirements of the City liquor license ordinance, building codes, i�ealth and sanitation codes and any other regu]atory requirements and that the license be reserved for a period of six months with the clause that an extension could be granted if sufficient cause is exhibited. Seconded by Counci]man 8reider. Counciiman Starwalt asked if the six month time period would be acceptable. He asked if perhaps this should be shorter. Mayor Nee said this would probably depend on the kind of requirements the City estabTishes. Councilman Breider said he felt the statement that an extension may be obtained , would be necessary in this reservation. He thought there may be some problems with the final plan:, etc., and this extension may be needed. Councilman Breider said if the time is growing short, it would be possible for the Council to call in the applicant and ask his intentions. � ' � � 7he City Attorney suggested this statement of allowing six months with the possibility of an extension in this time if it is needed and said this would be appropriate. UPON A VOICE VOTE, all voting aye, F-?ayor Nee declared the motion carried unanimously. CONSIDERATION OF ISSUANCE OF LIQUOR LICENSE TO ROBERT tfENRY SCHROER, 6720 UNIVERSITY AVENUE N. E. WESTERN RANCH, INC.: :•1ayor Nee pointed out that this consideration was a request for a liquor license for Mr. Robert Schroer for a new construction in the area of East Ranch Estates. He said this would be north of Bob's Produce Ranch. Councilman Breider pointed out that this had been the first application received for a restaurant and liquor establishment in the First Ward and he had talked to many people of the area and they expressed the desire for the execution of the plans. Counc�lman Breider continued to point out that the Council had modified the criteria � on the liquor ordinance and in each instance, Mr. Schroer's plans far exceed the minimum of 5,000 square feet, the seating capacity is planned for 350 with the minimum being set at 130, and also that the parking would be in excess of the requirements. He said the plans ca11 for one parking stall for every two in seating capacity when the ordinance adopted on first reading required one stall ' for every three in seating capacity. Counciiman 8reider pointed out the approximate value of the planned construction to be $500,000. He said the proposal does meet the criteria for the requirements for the liquor license. ' MOTION by Councilman Breider to direct the City Attorney to draft a resolution indicating the intent of the City to reserve a liquor license for Mr. Robert Schroer which will be available upon meeting all the requirements of the City's liquor ordinance, meeting all building codes, health and sanitation requirements, stipulations ' of the Building Standards-Design Control Subcomnittee and that this be reserved for the period of one year with the option of an extension by the Council after this time. Seconded by Councilman Starwalt. � ' � �� r �___ _ P1r. Smith indicated that the time period in this case of one year would be fine, this is what he was planning to suggest to the Council being this was to be a new construction. Ne said this would also allow the applicant to ask for an extension if this is needed. Councilman Breider asked when the time period would start, if this wouid be the present time. He mentioned that all the requirements would have to be met in the period of this time before the license would be issued. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimousiy. � ?�� II � REGUTAR COUNCIL MEETING OF JANUARY 20, 1975 pA� g '' CONSIDERATION OF ISSUANCE OF LIQUOR LICENSE TO RICHARD Di1ANE POVLITZKE 7365 OLD CENTItAL AV�NLIE N, E, FRTDLEY FRONTIER CLUB INC.: ' Mayor Nee pointed out that there had been a question of defective process raised ,, concerning the public hearing. Mayor Nee said his feeling was that the Council should probably go back and hold the public hearing again, The City Attorney advised the Council that his recommendation would be to table the consideration at the present time, He said he would likca to review some of the material that was presented to the Councii and get together with the applicant and his counsel and discuss this matter. He said this could be.braught back to the Councfl at their next regular meeting. MOTION by Councilman Starwalt to table the consideration of the issuance of the liquor license as requested by Mr, Richard Povlitzke, 73E"�5 Old Central Avenue until. the next regular meeting of the Council. Seconded by Councilman Breider, UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SUGGESTING ADDITIONAL I�MBER OF THE CONL^IUNITY SCHOOL CONLtiIITTEE: Mayor Nee pointed out that Couacilwoman Kukowski had an interest itt serving on the Community School Committee and this is why he braught t�:is action to the Council attention. Mayor Nee m,:ntioned that the Council had received a letter from ;�r. Dan Hu£f, Naturalist/Resource Coor3inator and m�mber of the committee, and slso some information on the project from District ��14. MOTION by Councilman Breider to designate Councilwoman Kukowski as a representative on the Community Scnool Coa�mittee for District ��14. Secunded by Councilman Starwalt. UPON A VOICE VOTE, a!1 voting aye, Mayor Nee declared the motion carried unaaimously. Councilwoman Kukowski thanked the Council for this action, RECEIVING THE MINUTES OF THE JOINT MEETING OF THE PLANVING COrL"IISSION, PARKS AND RECREATLON COMMISSION AND TIiE BIKEWAY COI�1�itITTE� Or JANUARY 7. 1975 Mayor Nee indicated this had been a joint m�eting w.ith no Council action necessary. MOTION by Councilmatt Breider to receive the minutes of the joinC meeting of the Planning Commission, Parics and Recreation Cormnission and Citizen Bikeway Committee of January 7, 1975. Seconded by Councilman Starwalt. UPON A VOICE VOT6, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCONMITTEE MEETING OF JANUARY 9i 1975 ' CONSIDERATION OF A REQUEST FOR OUTSIDE STQRAGE BUILDING: LOCATED AT 6400 CENTiL4L AVENUE N. E. (REQUEST BY MIDWEST VAN AND STORAGE COMP.ANY= 6400 CENTRAL AVENUE N. E. FRIDLEY, MINNESOTA --- The Public Works Director pointed out that this item raould also need Council action on the variance portion of the application which would be taken care of as the next item on the agenda. The Public Works Director explained the proposed construction to be on the south Line of the property. He said the Building Standards Design ConCrol Subcommittee had recommended approval of the request with stipulations. The Public Works Director asked if Mr. Burah was present and he responded. The Public Works Director said the other property owner hop�d to develop his property using the zero setbeck. The Public Worics Director continued to exp'ain that ff this is not done, the property owner would be required to allow the 30 feet clearance for emergency vehicies access entire?y on his prooerty. This would mean praviding for the two portions of the 15 foot easements entire?y on the southerly property. � ' . ' I � '--- _ _ _____.. ._._ _.._ _____ ---. ----__ _ __ _--- -.__—_----- -___ _ ._J , i � _ ____ __ _ . _ _- ; 262 REGULAR COUNCIL MEETING OF JANUARY 20, 1975 i PAC.E 10 Mayor Nee said there seemed to be some question on the future 3evelopment. He asked if it was known at this time what was planned for this area and the Public Works Director said no. The Public Works Director said the only thing they know is that when the adjoining property owner gave his concent, it was on the terms that the first property owner would mutually agree to this type of development of the a3jacent property. Mayor Nee asked if the Board of Appea's knew this. The Pu61ic Works Director responded that there were no plans for the developm2nt of this property to the south. Mayor Nee asked if it would be possible to purchase more than 50 feet. Mr. Burah said it would not be possible, this is all they need for their pJ.an. The Public Works Director said the requirement of the agreement to furaish the 30 feet if the 2ero setback is not used could be added as a stipulation. Mayor Nee asked the applicant how Large the proposed building would be. Mr. Burah.said they would be 12 feet storage boxes which would be rented. The Public Works Director pointed out to the Council on the plan on the easel that the original construction had been pianned for 20 by approximately 250 feet, but due to the necessity for the easement on the back portion of the property, the proposal had been reduced from the 250 feet to 160 feet. Councilman Breider ssid this is a different type of proposal than what is being done in Onoway. He said he did not see that the buildings would be comparable. Councilman Breider questioned if it would be possible to achieve the same storage area in another fashion. He questioned if the area along the back to the alley area could be utilized for this construction. The Public Works Director pointed out that this would not be possibie because of the easement for the sanitary sewer. Councilman Breider said he would like to be sure the Council was not s2tting a precedent. He said he would not Iike others to come in with proposals for structures up the sides of the building sites, Councilman Starwalt asked what time table for construction would be expected by the applicant. Mr. Burah indicated this would depend on the money situation. Mr. Burah said he would like to provide this typa of facility that would be easily accessable to the public in comparison to the inside storage space now being offered. He said this would enable the paople to obtain access to their storage space 24 hours a day. Mayor Nee asked the applicant why he had not attended the meeting of the Board of Appeals. Mr. Burah indicated he thought there wouid be some notice sent concerning the time and date of the meeting, but he had not received any notice In a telephone call to the office he was informed that he had nissed the meeting and should app2ar at the next meeting concerning the request, which was the current Council meeting. Councilman Starwalt questioned if the Council shou�d tab?.e the consideration of the item until some agreement in writing is obtained from the property oaner to the south. Councilman Starwalt asked what would happen to the property to the south. Mr. Burah said he did not knoa and really did not care, he was presently concerrred for his business and he would like to get going. Councilman Breider said the Council could take action that the p=rmit wouJd be issued administratively upon receipt of the letter of agreement for the use of the 30 feet access if the zero setback is not utilized by the southerly property owner. MOTION by Councilman Starwalt to approve the building plan as proposed by Midwest Van and Storage Company with the five stipulations recommended by the Building Standards Design-Control Subcommittee and with the addition of a sixth stipulation that the City receive a communication from the property owner to the south agreeing to provide 30 feet of access for emergency vehicles if the zero setback is not used. Seconded by Councilwoman Kukwoski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimousLy, i � ' � REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE L 1 RECEIVIiVG THE MINUTES OF THE BOARD OF APPEALS MEETING OF JANUARY 14 1975: Mayor Nee said he thought the Council should have handled the variance question in this request before the proceeding item. He said [he previous action approved the issuance of the building permit, now they were being asked to approve the variance. The Public Works Director pointed out that the petitioner had not attended the Board of Appeals meeting and this made the consideration more difficult. He said Yhe Board had indicated that there were no objections noted. The Public Works Director further explained that originally there had been three variances requested and due to the elimination of the variance in the rear yard setback, because of the easement needed for the sanitary sewer, the request would now be for a variance in the side yard setback from 15 feet to zero feet and a variance in the front yard setback from 100 feet to 76 feet. Councilman Starwalt asked if the variance in the front yard setback would bring the smaller storage building in front of the existing structure. The Public Works Director said yes. The Public Works Director continued to explain that there would be landscaping added in the front portion of the property. Councilman Starwalt said he had not reviewed the idea of the front setback as if it may be a problem. The City Manager said this requirement for the 100 feet of setback in the front is necessazy when commerciai abuts a residential. He pointed out that there is resi;i;ntiai dwellings across Central to the East. MOTION by Councilman Starwalt to approve the variances for the front yard setback from 100 feet to 76 feet and the side yard variance from 15 feet to Zero feet. Seconded by Councilwoman Kukowski. UPON A VQICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY ENVIRO:VMENTAL 4UALITY COMMISSION MEETING OF DECEMBER 17, 1974: — Mayor Nee said within the discussion of the Environmental Quality Commission minutes there is a recomnendation that North Park should be included in the Comprehensive Park Plan. Mayor Nee said it was suggested that the area just be called a park at this time. Councilman Breider said he felt there would be no object to the designation just to put it in the book. He suggested that there would have to be some copy to expand on the usage of the park. He said it would not be possible to determine this content at the pres2nt time. Mayor Nee asked if the matter should be tabled until that time. Councilman Breider said he thought the minutes could be received and the matter handled later. MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission of December 17, 1974. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AWARD OF BID FOR 1975 FOUR-WHEEL DRIVE ARTICULATE RUBBER TIRED TRACTOR LOADER• �"' ��_i i 2�3 � The City Manager said the money had been appropriated in the budget for this purpose. He called on the Public Works Direceor to present the details on the plan. The Publfc Works Director sazd the proposed tractor loader is.a larger loader and would replace the outdated ttactor being used. He referred to the City's cost replacement formula and indicated the older model is hazardous and is costing an additional amount in maintenance. Mr, Sobiech pointed out that the bids w�are opened on December 30, 1974 and the lowest bidder was Long Lake Ford Tractor. He said the bid would be considered with the older modei being a trade-in and the back hoe on the.older Lractor would also be traded in. FIe pointed out the total price is calculated with t.he addition of two options: the rear wheel disconnect at $125 additional and secondly, the rear tires to be filied with calcium choride with the addition of $95. I � ___ _ _ _ ! � � � ,� _ _ __ ._ _ • • • __ _ ___ _-__ _ . ___ _ ___ - _ _ __-- -- _ _ ..__ _._, � ��� . . ; , {-.�,,.,...., ..,. . _ �, . � _ _ _ . _ ,.�. : ��`U����CIL MEET'�'G OB ,?ANU9RY 20 '].97 ' . -��` � "�'"��'+�AG�� .- ... k.a.;�_ �. r - ,_.— .,^: _ ..,. � ..._.�.:�_��..., . . : � . . . ._ . _ _ ,++��,: A . , .. ..�:ia• .�i�Y Also, he pointed out that there would be a deduction for the use of the standard color yellow•because ttiis fits into the City's vehicle colors.' He pointed out that this would reduce the price by $ 65. Copncilman Breider asked the amount that had been allocated in the budget for this purchase. The Public Works Director said he believed this to be approximately $30,000, but was not sure of the exact figure. Coun•cilman Breider said he wou2d like to see the budget allocation within the materials submitted to the Council on this type of bid. ti 'bo E v 9 .�1 O s o z a a° t v O N O c� a a i� O W O N a G W m 9 W �+ a ° O e � LU O� F zQ • K � QE6 00� FU3 H N H Z o` ya F o GO 3u I � W � F �v-+ : za N Ri o - 7 Ci W o Nz W � ri 41 ¢ • - � .� n o °oo w �G HS'. n w o � � O U m H rl W V a � � W 7'N. NH a � 4a n � i � `a', cW� [-� H i o K. s [-� M 1 1 , G j ..1 � .P � a / � �nmE F O W•AU � OW N 7 � b 4 11 41 �p • N RIN aoNH V GYi M .i N N N ¢ N Y 4 V A Y N d N � �m m� �tiAb �� � wm zu °a�'c sws E v�i� f�..Q , w6 '�i0�< U3 �y O O o m o 00 �+ � o �o n iv m � «i n � O o 00 m N e O O 4 0 `� �' nm � I � � � e �n — � � � m` ° � o� U N C O Y F F .v � - ,1C N N N .:i V y CN y N H r wro w G OV `O N• O V q O •.+ o m •.�- m r�ii� V N • LV N .� •.� E O •.i U N m �t '» {� 0.41 N a�. ..s �N O •N ^J b 4 W✓ T V u�i � f. 4 C G �+ F: � 0 :.S �. M N C w � OW O N m G 6 V' O LjN� � . . . :. .N i oH L u v a.+... �.s w � UGs 4.. u` 40 •.IC3 sG i F., �. n do �o uom .� a m d u c. > c� a a m u a-. m m� Y X F ••1 W 7•.� 3 ] i-1 C E O� 00•.1 j ,� 0. > .�i 3 m .+ `� m E. � o a o�n . ��. � � �. • M C a0 m � 3 .+ r�i u�i ,yn � � � o c o . s o � A � ° A � � � . • � - "'. ` m �. � � � .. .. • . N a L• .] r J n U �.�1 U V�+ m t I �. 4.. �, w✓r....�..�_......r.r✓k.�..�.uri+. �-..�.. . . � • . . � I •• . « � . I I � �' I w � i.._.. .. . _. .._. _. . y.y_ �e . .. . �F� REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PA(� 13 MOTION by Councilman Breider to receive the bids and award the contract for the four wheel drive articulated rubber tired tractor to Long Lake Ford Tractor, Highway 12, Long Lake, Minnesota in the total amount of $25,538, with the addition of the rear axel disconnect at $125 and the a9dition of the calcium choride in the rear tires for $95 and with the reduction of $65 for the yellow color. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor ?Vee declared the motion carried unanimousiy. CONSIDERATION OF APPROVAL OF INTERCEPTOR MAINTANANCE AGREEMENT FOR 1975 WITH METROPOLITAN SE[dER BOARD: � The City Manager explained to the Council that the cost is basically for maintanance of the sewer lines and there had been no problems. He said he recommended the Council authorize execution of the agreement for 1975. MOTION by Councilman Breider to authorize the execution of the agreement for 1975 with the Metropolitan Sewer Board, Seconded b� Councilman Starwalt. UPON A VOICE VdPE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION_Y0. IO-1975 = APPROVING AND AUTHORIZING SIGNING THE AGREEMSNT ESTABLISHING WORKING CONDITIONS,_WAGES AND HOURS OF EMPLOYEES OF T:� CITY OF FRIDLEY MUNICIPAL LIQUOR STORE FOR THE YEAR 1975 �� The City Manager said if the Council had any questions, the Finance Director had negotiated the contract and would be best able to answer thes� questions. MOTION by Councilman Starwalt to adopt Resolution No. 10-1975, Approval and authorizing signing the agreement establishing working conditions, wages and hours of employees of the City of Fridley Municipal Liquor Store £or 1975. Seconded by Councilwoman Kukowski. Councitma❑ Breider asked if the figures were corr2ct that in8icated that the output had 3oubled. The Finance Director said yes. Councilman Breider safd he hop2d this is a factor thaC they would be dealing with. He said he felt the liquor store employees had done an excellent job this year. Mayor Nee asked if the cut back the employees had taken should be replaced. Councilman Breider said this is one of the points he wr�uld like to have determined at this time. He said the incentive matter would have to be looked at and he hoped the Council would look at the situation and see what they were dealing with. The City Manager advised the Council that he had planned to bring this matter back to the Council wit[� a complete report and some recommendation. He said the Iiquor store employees had been performing at a higher level and he felt some action should be taken by the Council. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously RECEIVING PETITION ��2-1975 AND STATUS REPORT FROM ENGINEERING DEPART�tENT REGARDIN� SIGNALIZATION AT 73RD AVENUE AND T. H. �k65: � The City Manager pointed out that the City had been trying to obtain this signal for a number of years and the Highway Department had be�n delaying. He said finaily, the City is going to get the signal installed. He suggested the Council direct the Administration to write a letter to the people at TargeG for their bulletin board and ask their indulgence for just a few weeks ot months. He said � he thought the City should indicate the delay had been on the part of the Highway Department, not the City. MOTION by Councilman Breider to receive Petition �F�2-1975 regarding the signali- � zation at 73rd Avenue and T. H. #65 and .also the status report from the engineering Department and advise Che signera of the petftion at Target of the current status of the signalization. Seconded by Councilman Starwait. � � _ _ __ _ � _r. _ ____ ____ __ _ _ _ __._ -� --_ _ -_ ' 265 ' REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 14 UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: GENERAL 38432 - 38642 LIQUOR 9+92 - 9536 Mayor Nee asked if the Claims had been posted as he had requested. The City Manager said this had been done imme3iately. MOTION by Councilman Starwalt to approve the Claims. Seconded by Councilman Breider. UPON A VOICE VOTE, all voting aye, Mayor Nee delcared the motion carried unanimously. LICENSES: FOOD ESTABLISE�NT BY APPROVED BY FEE Dave's Bar-B Q Palace David C. Miller Ent., Inc. Health Insp. $14.63 617 Osborne kosd NE Pro-Rate3 Fridley The Fridley Fun Center Thomas L. Sug$s Health Insp. 8.32 6440 University Ave N.E. Pro-Rated MOTION by Councilman Breider to grant the licenses. Seconded by Counci2man Starwa2t. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIN��TES • Carl Newquist Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 For legal services r2ndered as Prosecutor December, 1974 $ 1,100.00 Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident sup�rvision for the staking out of the folloaing construction• PARTIAL Estimate �k7 for Sanitary Sewer & Water Improve- ment Project No. 115 from Dec. 2 through Dec. 27, 1974 $ 127.60 PARTIAL Estimate ��12 for Sanitary Seaer, Water & Storm Sewer Improvemeat Project 4f124 from Dec. 2 through December 27, 1974 $ 32.21 PARTIAL Estimate ��4 for Sanitary Sewer Improvement Project No, 113 from Dec. 2 through Dec. 27, 1974 $ 60.02 PARTIAL Estimate i�l for Sanitary Sewer, Storm Sewer & Water Improvement Project No. 116 from Dec. 2 through Dec. 27, 2974 $ 769.74 � I _ _ _ _ . .. _ __ -- -_._.___ ..__ _ _._ __. _ _ __ _ _. � 267'.� REGULAR CO[JDICIL MEETING OF JANUARY 20, 1975 PAGE 15 Weaver, Talle & Herrick 6279 University Avenue N. $, Fridley, Minnesota 55432 For legal services rendered as City Attorney December, 1974 $ 1,847.75 MOTION by Councilman Breider to pay the Estimates. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ADJORNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Starwalt. UPO� A VOICE VOTE, all voting aye, Mayor Nee 3eclared the motion carried unanimously. and the Regular Meeting of the Fridley City Council of January 20, 1975 adjourned at 10:16 P.M, Respectfully submitted, Pat Ranstrom William J. Nee Secretary to the City Council Mayor Date Apnrove _ _. _ , _ __ _ _ _ _ __ _ _. . �� �� � � � _ _ _ .___ _ __ __ __._ _ _ _ _._ � ��s THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COWCIL OF FESRUARY 3, 1975 The Regular Meeting of the Fridley City Council of February 3, 1975 was called to order at 7:30 P.M, by Mayor Nee. PLEDGE OF ALLEGIANCE; Mayor Nee indicated he would appreciate it if the audience would join the Counci� in saying the Pledge of ALlegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Breider, and Councilman Starwalt. MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGUL4R COWCIL MEETINr,, JANUARY 6Z 1975 MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting of the Fridley City Council of January 6, 1975 as presented. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING I"L3ETING Or JANUARY 13, 1975 MOTION by Councilman Starwalt to a3opt the Minutes of the Public Hearing Meeting of the Fridley City Council of January 13, 1975 as submitted. Seconded by Councilwoman Kuko:�ski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: ° Mayor :Vee indicated that there was a communication from Co:�stock and Davis, Consulting Engineers, that should be added to the agenda. MOTION by Councilman greider to a3opt the Agenda as amended with the addition of the item mentioned by Mayor Nee. Seconded by Councilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN_FORUM - VISITORS: Mayor Nee asked if anyone wanted to address the Councii during the open forum and there was no response. � OLD BUSINESS: ' CONSIDERATION OF ISSUANCE OF LI UOR LICENSE TO RIC:IARD DUANE POVLITZKE�7365 CENTRAL _�� AVENUE N. E_�FRIDLEY FRONTIER CLU y INC iTABLED FROM JANU9RY 20, 1975Z: MOTION by Coincilman Starwalt to receive the communica[ion from Smith, Juster Feikema, Haskvitz & Casserly, signed '�y Wyman B. Smith, concerning the application for a liquor license of Richard Duane Povlitzke, dated January 31, 1975. Seconded by Councilman Breider. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee said the communication concerned the adequacy of the pzovisions. He said from his knowledge of the content, he felt he would need some legal counsel on the communication. The City Attorney indicated he had received a copy of the communication just a few minutes before the meeting had been called to order and was not able to read it thoroughly. He said he would need some time to research the questions and requested that the Council grant this time. The City Attorney also indicated that there were complex issues invoived that had not been interpreted by the Attorney General or the Courts. � � ��'� � !�____.__ _ ..... .._...._-- - -- --- --_ _---_ .. _..__ . -- ---_____---__ _..._.___._ .__ __ _ _ ____ _.__..__.._ , _ _ __ _. _ _ _ _ � . . `��� REGULAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 2 He said there are also new statutes adopted by the 1974 Legislature which would have to be considered. Mr. Herrick further pointed out that it would have to be determined if the items that had been considere3 b; the Council in the past concercting the issuance of liquor licenses w�uld still be applicable. The City Attorney said in his mind there are two statutes that are in conflict or confusing. He said he felt the City should seek an opinion from the Attorney General on these points, not only as they apply to this aaplication, but also future applications. He indicated there had been some question on the issuance of licenses and it had been determined that they wouid be issued to hotels and restaurants. He said the question would be, what is a restaurant? He questioned if this could be a business that is engaged in some other type of activity, but still qualifies for the liquor license. He felt these questions should be asked the Attorney General. He said he would like this taken care of for this and future license applications. Mr. Wyman Smith, Attorney for Mr. Povlitzke, addresse3 the Council and indicate3 he had included all of the necessar� information in the memo submitted to the Council. He questioned the delay concerning the issuance of the license saying this type of delay had been used in the past with the Cab1e Television issue. He said the Council may be repeating t:he s.sme experience. Mayox Nee asked if anyone on the Council would like to proceed in anyway at the present time. Councilwom,sn Kukowski said the letter from Kr. Smith had not been forwarded to her from the Post Office and she had not had a chance to read it. She indicated she thoudht this would take some time. Councilman Starwalt agreed and mentioned the letter receive3 in regard to the situation in Maplewood. He said both should be tabled until some legal res2arch is done. MOTION by Counciimsn Starwalt to table the considaration of the ].iquor license application for the Frontier Club and refer the matter to the City Attorney for research. Seconded by Councilman Breider. UPON A VOICE VOTE, all voting aye, Mayor Nee declare3 the motion carried ununimously. CONSIDERATION OF SECOND READIN; OF AN ORDINANCE AME:dDIN� CHAPTER 603, INTOXICATING LIQUOR: 4- - -�-- Mayor Nee said a question had been raisad by Mr. Savelkoul, Maple Lanes concerning the proposed o-rdinance. The City Attorney said he had just receive3 the communication a few minutes previously and had not read it. Mayor Nee said maybe the item should be postponed until the City Attorney had a chance to read the coccimunication. Mr. Savelkoul addressed the Council and referred to the memo he had submitted to the Council and said he felt the information was self explanatory. Mr. Savelkout suggested that the basic decision of the Council to be whether or not to set up absolute arbitrary standards. He questioned require:nent in dollar p�rcentages and asked how it would be possible to provide compliance to this with no more and no less promised. He aiso stressed the importance of the Council establishing consideration of the issuance of the individual Licenses through Council discretion. He used an example of this, that a business such as Maple Lanes had been in business in the City of Fridley for 20 years and had not caused any problems: He asked if it would be possible for the Council to insert some language in the proposed ordinance which allow for this Council discretion. He mentioned the change in the State Laws and felt the City should not deviate from the State La�as. Mr. Savelkoul went into detail on the type and location of the competition that is faced by the local bowling cente: with respect to the liquor sa'es. He pointed out that there are many businesses that do house restaurants along with other types of business and this does not disqualify them as being a restaurant. He again asked that the City not take an arbitrary approach and insist on the 40% of business be done in food. ' � __. _ _ __ . _ _ _ . __ _ _ __ ._ _. _ __ _. __ - _ - __ ...___..; � `` 270 � REGtiLAR CDUNCIL M�ETING OF FEBRUARY 3, 1975 PAGE 3 Mayor Nee pointed out that the basic problem had stemm�.d from the time when � the paople of the City vote3 on the matter of whether or not to go to open liquor sales such is done in the City of Minneapolis. He said this would a1low for the establishment of a tavern, club, etc., without the restaurant provision. Mayor Nee said the people had decided against this. He said this question was possed � again and the people indicated they would like liquor sales only in restaurants and hotels, and again recently the people said they would support this in restaurants and hotels, not taverns and lounges. � � � Mayor Nea said one aaplicant was proposing a question stating the Council should not have additional discretion and another believes the Council discretion should be increased. Councilman Breider said the Co�incil was trying to get some kind of a handle on the issuance of the liquor licenses in the City and would not want anyone who wanted a license to come in and create a City full of taverns, He said if this was not r�stricted in some manner alon� with the sale of food, this would happan. He mentioned also it would be possible for an establishment to sell liquor and just bring in entertainm2nt, eCc. He said Chis may create a situation where the foo3 facilities are not used at all, but there would be �.3verns where the people can pick up a hot dog. Councilman Starwalt asked _Kr. Savelkoul what kind of time limit he was working � with. Mr. Savelkoul answered it would not be possible to begin any remodeling until the spring months when the leagues would be completed. He said he would p:obably begin construction in the s2ring with the hope to open for the fall bowling season. � Mr. Savelkoul suggested that the Council consider adding the wordage which he had recommended in his memo to the Council within their ordinance. Mayor Nee said he did not know if this language would be defensible, Mr, Savelkoul asked if the City could conform to the State Law. � The City Attorney stated that the State Law would allow for the issuance of a license if the establishmznt could seat from 30 to 50 people and be 9�0 square feet. Mr. Herrick continued indicating the City Council wants more than what is required by the State Statutes. The City Attorney further pointed out that � if for some reason the conditions of the ordinance were to be waived, this would have to be indicated for a good and just ca�se and wouid have to be spelled out in the ordinance. He said this matter would need careful consideration, � Mr. Savelkoul again stressed he did not believe Maple Lanes should be hampered in the issuance of the license. He stated they had been in business in the City for 20 years, and they did comply with the State Statutes. Mr. Savelkoul said he believed the requirements put their business at a complicated disadvantage. MOTION by Councilman Starwait to receive the communication from Mr, Savelkoul. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the mution carried unanimously. MOTION by Councilman Starwalt to table the second reading of the ordinance amending Chapter 603, Intoxicating Liquor until the first meeting in March (March 3, 1975.) Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 11-1975 - A RESOLUTION OF INTENT TO AUTHORIZE ISSUANCE OF LIQUOR LICENSE TO MAX SALITERM.AN FOR THE KING'S CHALET INC. 6259 HIGHWAY N0, 65: Mayor Nee said he assumed the resolution had been drafted by the City Attorney and Mr. Herrick said yes. Councilman Stazwalt said he felt the resolution is in the intent of what had been discussed at the previous meeting of the Council. ''� 27Z EtEGUTAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAi� 4 � Mayor Nee said the resolution of intent a reed that the Cit would issue a li uor g Y 9 license to the King's Chalet Inc., if all the necessary conditions are met. MOTION by Councilman Starwalt to adopt Resolution No, 11-1975, a resolution of intent to suthorize issuance of a liquor license to Max Saliterman, for the King's Chalet, Seconde3 by Councilman Breider. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION :VO. 12-1975 - 9 RESOLUTION 0� INTENT TO AUTHORI7E ISSUANCE OF LIQIJOR LICENSE TO ROBERT HENRY SCHROER, 7620 W IVERSITY AVE. N, E., WESTERN RANCH,VINC. MOTION by Councilman Breider to adopt Resolution No. 12-1975, a resolution of intent to authorize issuance of a liquor license to Robert Schroer, Western Ranch, Inc., Seconded by Councilman Starwalt. UP�N A VOICE VOTE, all voting aye, Mayo•r Nee declared the m��tion carried unanimously. NEW BUSINESS: CONSIDERATION OF APPROVAL OF FINAL PLAT,, P. S. ��74-08� H�RWAL RICE CREEK TERRACE BY GE0�2GE L, tdALQUIST, LOCA'1BD IN T9E NORT?iWEST QUADRANT OF RICE CREEK ROAD AND CENTRAL AVENUfi; � The Public Works Director explained that the Planaing Commission had r2commende3 approval of the plat with four stipulations. He said the matter had been before the Council for hearing on two agendas. The Public Works Director read the suggested stip��lations to the Council and indicated sn ad3itional stipulation should be � added requesting the Rice Creek Watershed District to review the plans for the plat. MOTION by Councilman SCarw.slt to approve the £inai Plat, P. S. �k74-08, Herwal Rice Creek Terrace by George L. Walquist, with the stipulations recommended by I the Planning Co-nmission and the additional stipulation that the plat be reviewed by the Rice Creek Watershed "District, Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Ma,yor Nea declare3� the motion carried unanim�usly, CO:ISIDERATI�N OF APPROVAL OF FINAL PTAT, RICE CREEK ESTATES 2ND ADDITION, P. S. ��74-05� BY PI�IETREE BUILDERS, 9ND APPROVAL Or AGREEMENT: The Public jdorks Director pointed out the ar2a of the propoaed plat and exnlaine3 that there had been some modifications to the ptat. He exalained that the cul de sac had been remove3 on the south side of the p1at. He 2xplained with the modifications in the plan, there aould be less grading of the lo2s and the larger lots �aould be more feasible to develop, He further explained the negotiations for the payment for the park property in excess of the 10% rzquirement. He said to that point, they had not been able to reach agr2ement on the payment. He pointed out the area on p.sge six of the agenda and stated the City propose3 the amount of $4,2i6, He continued to explain that there aare nine other stipulations in the agreement which had been recom�nende3 by the Planning Commission. Mr. Sobiech said an appxaisor had been hire3 to deYermine a fair and equitable price for the property, He said Che adjacent property had been acquired aC 30C per square foot and this was gr�ater than the p•rice being offered. The Public Works Director explained that the applicant did no� agree with the amount offered and asked that this ite:n be brought to the Council's attention for consideration. Mr. Sobiech pointed out that Mr. Ed Dropps, White Oak Realty was present. ,� Couacilman Breider asked which portion of the property had been dedicated. The Public Works Director said 34,400 square feet of property had been de3icated and the total area of the park proposai is 49,910, or an excess of 15,510 square � feet. He indicated that the City would be buying about one third of the area, I� � � Mr. Dropps ad3ressed the Conncil and indicated that the parcel of land that the City had requested was the only flat parcel of land in Che plat, He explained the elevations of the area to range from 970 feet to 910 feet, He thought that the only good piece of property was being taken out by the City and the property left would be very expensive to develop, �. _ ` 272 REGUTAR COUNCII. MEETING OF FEBRUARY 3, 1975 PA(� 5 He furthez explained that the amount for the d�velopment would be divided by the remaining lots and this would cause them to be in the range of $10,000 per lo*_. Mr. Dropps indicated he would agree with a payment of $5,000, The City Manager ssid the plat had bezn approved last year. He said this was the same price ss was paid for the land to the east. The City Manager said when the gentlecnan was offere3 th 30C per s�uare foot, he indicated he did not think this was enough so the appraiser was hired to obtain an independent amount. The City Manager pointe3 out that the appreiser had cume up with an a-nount $400 less than what the City had offered, He further stated that this is the second p6ase of the p2an that had been discussed and approved the past year. Mayor Nee asked if the plat had been considered to confoxm to the plans for the plat of Mr. 0'Bannon and the Public Works Director s.aid yes. Councilman Starwalt made the point that he thought the d�velop.nent of the park property in [he middle of the development would make the area more pleasing for the developar. Mr. Drop�s sgain m�:ntioned that the best parcel of land was being taken for the park. The City Manager informed the Council that Ehe amo�nt being oFfered the developer would not be thFl to�al p:ice for the piece of prop�rty. He mentioned that the City wo�ild have to take care of the water, sewer and street aooert�Vtosthe east. parcel in the future. He said this is not the case on the p._ y The City Manager s.sid he felt this to be a fair offer which w�ss higher than the amo�int indicated as value by a qualifie3 appraisor, The City Attorney suggested Chat if the parties involved d� not agre�, this will force the acquisition throubh condemnation which would be �xpansive for all involved, He felt at this tim.�, a compromise shouLd be reached because a legal str�ggle would be less favorable for both parties. MOTTON by Councilnan Starwalt to approve the agreement with the insertion of $4,800 for the land payment in excess of the requirement. Second�d by Council- woman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor :Vee daclared the motion carried unanimously. RECEIVING THE MINUTES OF TI� PLAN^II�?G CO.M�iIISSION MBETIN�� OF 3ANUARY 22z 1975: REQUFST FOR A SPECTAL USE PERMIT. SP �74-17 . BY GEQRGE WALQUIST: To p�rmit tne construction of a building fur rust-proofing of automobiles, etc., per Fridley City Co3e, Section 205.131, (A,10) in an M-1 zone (light industrial areas) to be located on proposed I.ot S�f a propose3 plat, P. S. �k74-03, Herwal Rice Creek Terrace, the same being 1271 Rice Creek Road V,E. The Public Works Directo: said there w.3s no Council a:tion neceasary on this item. CONSIDERATION OF A REZONING REQUEST• ZOA �674-05. BY R40 MANUPACTURING COMPANY: To rezone from �-2S (general shopping areas) to M-i (light industrial areas), I,ot 3-15, I.ots 27-32, and part,of Lots 2 and 16, all in Block 9; vacated alleys in Block 9, and the East half of vacated Main Street, lying adjacent to Block 9, all being in Lowell Addition to Fridley Park, the same being 200 �Iississippi Street N.E. This item was continued by the Planning Co:nmission. COVSIDERATIOV OF A PROPOSED PLAT, P S �k75-01, CENTRAL VIEW :14NOR 2:VD ADIIITION {W. GUSTAVE DOTY)• Being a replat of Parcel 4780, Section 12, City of Fridley, Co��nty of Anoka, Minnesota, generally located betwesn Central Avenue and Aighway �k65 N,E., North of 73 1/2 Avenue N,E. MOTION by Councilman Breider to set a Public Hearing on the matter of the consideration of a proposed plat, P, S. ��75-Oi, Ceatral View Manor 2nd Addition by W. Gustave Doty for .Iarch 10, 1975. Seconded by Councilwoman Kukowski. UP�i A VOICE VO'TE, all voting aye, Mayor Nee declared the motion carried unanimously. _- ____ __ _._ _._ ___ � � � �7.� REGULAR COUNCIL MEETING OF FEBRUARY 3, 1975 CONSIDERATION OF A REZOVING REQUEST1 ZOA ��75-01 CENTRAL AU'PO PARTS: PAGE 6 To rezone from C-2S (general shopping sreas) to M-1 (light industrial areas) � all that part of Parcel 4780, Section 12, City of Fridley, that lies betwzen the Northerly extensions of the East and West lines of Lot 10, Block 1, Central View Manor, generally located just North of 1201 73 1/2 9venue N.E. MOTION by Councilman Breider to sst the Public Hearing on the rezoning request ZQA �k75-01, Central Auto Parts for March 10, 1975. Seconded by Councilwoman Kukawski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR A SPECIAL USE PERMIT, SP �k75-01, CENTR4L AUTO PARTS: Per Fridiey City Co3e, Section 205.I31, (A,8) to allow junk yards or bating of junk or rags in a building enclosed on all sides or when completely enclosed with a solid £ence, to be located on that part of 4780, Section 12, City of Fridley, thst lies betwe�n the Northerly extension of the West line oF Lot 10 and the East line of Lot 16, Block 1, Central View Manor, to allow exnansion of the boundaries of Central Auto Parts, 1201 73 1/2 Avenue N,E. The Public Works Director requeste3 that this item be tabled until after the consideration of the rezoning and plat. He explained that the apolicant was a�aare that this would not be taken care of until after the Public Hearing. MOTION by Councilman Breider to table the consideration of the the Sp�cial Use Permit for Central Auto Parts, S. P. 4�75-Oi. Seconded by Co;.incilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Nee d�clared the motion carried unanimoasly. MOTZON by Councilman Breider to receive the minutes of the Pianning Commission Meeting of January 22, 1975. Seconded by Councilwo:r.an Kukowskf. TJPON A VOICE VOTE, aIl voting aye, Mayor Nee declared the motion carried unanimously, RECEIVING TH'r. MINUTES OF THE BUILDIIVG STANDARDS - DESIGN CONTROL SUBCOI�IITTEE MEETING OF JANUARY 23. 1975: -' T 91 D ON SOTA (IL?OUES A NEW BUILDING TO BE U K 8. OUAWAY: TI-� SAME The Public Works Director explained at the Meeting of January 23, 1975 of the Building Standards 5ubco.nmittee, they reco•.nmende3 approval of the plan with foir stipulations. Mr. Sobiech read the suggested stipulations, The Public Works Director explained that there is a request for a variance which would be coming up on the agenda as iteT number nine in the 3oard of Appeals Me�ting minutes. MOTIOV by Coancilman Breider to table the considarati.on of the building request by Paco :lasonry for 7791 E1m Street until the coasideration of the variance within the Board o£ Appaals �inutes. Secondad by Councilman Starwalt. UPON A VOICE VOTE, a21 voting aye, Mayor Nee declared notion carried unanimously. CONSIDERATIOV OF A REQ'JEST TO CONSTRUCT A NEW BUILDING TO BE USED AS A MANUFACTURING FACILITY. LOCATED AT 200 i�fISSISSIPPI STREET N.E. (REQUEST BY RAO MANUFACTURING COMPANY 2010 :70RTH 4TH STRF.ET MINDIEAPOLIS MIINESOTA) The Public Works Director pointed out that there was also a request for rezoaing of the property that the proposed building wonld be built on and this consideration would be contingent on this aspect. MOTION by Councilman Breider to table this item until after the consideration of Lhe rezoning. Secoade3 by Councilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimoasly. 1 ..._... .. _"'._ _ . ..... .... ....... _..J � II � 274 REGULAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 7. MOTION 6y Councilman Breider to receive the Minutes of the Building Standards Design Contrul Subcommittee of January 23, 1975. Seconde� by Councilman Starwalt. UPON A VOICE VOTE, ail voting aye, Mayor Nee declared the motion csrried unanimously. RSCEIVING THE MINUTES OF THE BOARb Or APPEALS MEETING OF JANUARY 22, 1975; A REQ'JEST FOR A VARI.4NCE Or SECTION 2�5.13�, 6, FRIDLEY CITY CODE� TO REDUCE THE SETBACK BETWGE:V THE MATN S1RU_CTURE AiVD A STREET LINE� WHEU ADJaCE:�T TO �iVING 1 T�-IROUr, 8. LOTS 3 THE 32, AND PART OF LOTS I6 --' 3Z� ALL IN BLOCK 9, AND THAT PART Or BLOCK 7, LYING ADJ�CENT�PO SAID BLOCK 8, AND THE VAC?.'itiD ALLEYS IN BLOCKS 8 AND 9�AiQD VAC�TED �L�IN STREET AND VACATED ELM STREET, ALL BEING IN LO�dELL ADDITIO'V TO FRIDLEY PARKy Tl� SAME BEING 2�0 � :KISSISSIPPI SIREET N_E., FRIDLEY, MINV. �R:QilEST BY R90 I•LINUAFACTURIN� COMPANY, I 2p10 VOitTH 4TH STREET, MINNEAPOLIS�MIN\ESOTA� � MOTIO:I by Councilman Braider to table the consideration of the variances as requested RAO Manufacturing Co;npany until the consideratioi of the rezoning Seconded by Councilman Starwalt. UP0:1 A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST..Fa�2 VARIANCES OF: SECTION 205.13� 4C, FRIDLEY CITY CODEs TO REDUCE THE REAR YARD SETBACK FROM THE �UIRED 25 FEET TO 7.5 FEET,_AND, SECTION 205.135, IF, 4A, TO REDUCE T:IE DISTRANCE THE DRIVEWAY IS FROi�Ir1 LOT LINE FROM 5 FEET TO ZERO FEET, ANDy,SECTION 205.135, 1, E4Z TO REDUCE THE DISTANCE OFF- STREET PARKIYG TS AWAY FRO:f THE MAIN BUILDING FROM 5 Fi.ET TO ZERO FEET, ANil, SEGTION 205.134, 4, B2, TO REDUCE T�iE SIDE YARD SETBACK ABUTTING A S IDE STREET FROM THE REQJIRED 35 FEET TO 33 FEETi ALL TO ALLO'�J THE CO:VSTRUCTIOIQ Or AN INDUSTRIAL_BU_ILDING TO BE LOCATED 0:� LOTS 16, 17 AND 18, BLOCK 8. ONAWAY IS The Public Works Director explained that the Board of Appeals had acted to r2commend to the Co;.incil that three of the four variances requested by approved and the fourth be denied. ' The Public Works Director explained the requested variances to be a reduction � of from 25 feet to 7,5 feet in the r2ar yard setback, which was reco.nmended for approval, secondly, a request for a variance for the reduction from five feet to zero feet of the driveway to the lot line, and the Board of Appaals racommended denial of this variance. He continued to explain the third request to be the reduction of the area of the off street parking from the building from five £eet to zero feet and the fourth to be a request for a reduction of the side yard setback � from 35 feet to 33 feet with a maximum of 28 feet. � Councflman Breider asked the Public Works Director to display the large pian indicating the develop:nent of the entire area. The Public Works Director said yes and displayed the plan of the area on the easal. Mayor Nee mentioned he read in the minutes that Mr. Plemel, mem5er of the Board of Appeals co:nmented that the variances should not be granted unless a hardship is determined. He questioned if there was some type of hardship in this casa. A reprasentative of the applicant addressed [he Council and said the size of the building was being deCermined by the size of the blocks to be used in construction. He explained a set number and size would be determined by the � number of whole block used, or short blocks would have to be used which would decrease the uniformity. , The City Manager asked if [here were any other buildings which would establish the setback line on this block. The Public Works Director said there is no other construction on this block. The City Manager said if anyone els� would come in with construction lans the p , y would request the same variances. � � I , ! I '---__. _ __.__--__ __.__. _ . _ __ _ ___---- -.--___ . _.------ -. __.___..__ __. ____. � __ _ _ _ __ _ . ___..:_ _---_ _: � � _ _ _. _ _ _--. _ . �- � 275 � � i REGULAR COUNCTL MEETING OF FEBRUARY 3, 1975 , pA� g . The City Manager suggeste3 the Council approve the variance in setback on the 78th Street side, deny the varisnce in the driveway set back and also deny ' the variance request to �liminate the area betw�en the parking lot and the building. He indicated this ha3 not been done in this area, and he believed this wo�ild set a precedent. � Councilman Breider asked if it would be possible to decrease the size of the building from 55 to 50 feet, The City Manager said it would be up to the applicant to show the hardship and � again r2eommended that tE�e Council deny the two variances, He said if there is a problem in reducing the siza of the building, the applicant to come back to the Council for further consideration. , � ' ' � MOTIO`I by.Councilman Breider to approve the two variance requests, to reduce the rear yard fro� 25 to 7.5 feet, and also to reduce the side yard setback from 35 to a naximum of 28 feet and to deny the requests for the variance in the driveway setback from five to zaro feet and also the request for the reduction of the ofE street parking distance from the building from five fe=t to zaro feet and indicate that the applicant seriously consider a reduction of the building size, seconded by Councilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Ne� declared the motio.n carried unanimously. MOTION by Councilman Breider to take the matter of the consideration of the issuance of the bailding p.�r:nit for the propoae3 coastruction at 7791 Elm Street N.E. fr�m table and approae the issuance of the building p=rmit contingent up��n the stipulations of the variances and the recommended stipulations of the Building Standards �esign Control Subco.nmittee. Seconded by Councilman Starwalt. VPON A VOICE VOTE, aIl voting aye, Mayor Nee d�clared the a�otion carried unanimously. MOTIO:I by Councilman Starwalt to receive the minutes of the Board of Ap��als meeting of January 28, 1975. Seconded by Councilwo;nan Kukaaski. UPON A VOTCE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RECETVING THE MINUTES Or THE PARKS AND RECREATION C0:"RESSIO�I I�ETIN: OF JANUARY 20, 1975; — MOTION by CounciZman Breider to re�eive the :ninutes of the Parks and Recreation Commission Pfeeting of January 20, 1975. Seconde3 by Councilmsn Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUT�S OF THE FIUMAN RELATIONS COI�IITTEE MEETING OF JANUARY 20� 1975: MOTION by Councilwoman Kukowski to receive the minutes of the Human Relations Conunittee meeting of January 20, 1975. Seconde3 by Coancilman Starwalt. UPON A VOICE VOTh', a1Z voting eye, Mayor Ne� dec2ared the motion carried unanimously. RECEIVZNG T� MINUTES OF THE FRIDLEY CITIZEN BIKEWAY CO:KMITTEE MEETING OF JANUARY 22 1975: MOTIQN by Counciiman Starwalt to receive the minutes of the Bikeway CoTUnittee meeting of January 22, 1975. Second�d by Councilwoman Kuka;aski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF ISLANDS OF PEACE FOUNDATION RE 'JEST TO SEABEES FOR IMPROVEMENTS AND MODIFICATI0.1S TO THE FACILITIES ON THE ISLANDS OF PEACE; Mr. Ed Wilmes ad3ressad tf�e Council and indicated that Council approval for the military units making modifications on the Islands of Peace must be given in a3vance to allow for scheduling of the upcoming proje�ts. The Public Works Director explained the items for consideration in the madification proposal. IJ...._ _.. r 2 r� 6 , I , i , REGUTAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 9 Mayor Nee asked if there were so:ne detailed plans of the grad�s. The Public Wo:ks Director s�id these caould be submitted to the Parks Department. The City Manager ssid at the pressnt time the Council w�uld only be giving concept approval for the military units to plan the work schedule for the summer months. He s.aid detailed plans aould have to be reviewed because of the vegetation that may be disturbed and the number of trees that would have to be caken out. Mr. Andy Kohlan, Attorney for the Foandation for the Islands of Peace, a3dressed the Council and indicated that the detailed plans would have to be drawn by their architect, but they were requesting concept approval of the Council at the presznt time. He said the consideration and approval of the specific plans could be 3oae at a later date. MOTION by Councilwo.nan Kukowski to approve the concept of the modification of the '� Islands of Peace by military units as requested and outlined in the letter from the Foundation of the Islands of Peace, with the final approval on the sp•:cific plans to be review2� before the wo'rk co.lunences. Seconde3 by Councilman Bzeider. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Some �iscussion followad concerning the maintenance agreement with the City of Fridley for Hayes River Lots. Mayor Nee a�jvise3 Mr. Wilmes that if he wished this maintenance agrae�ent to be changed in anyway, he sho�ld present this information in a regularly scheduled agenda item. CONSIAERATION OF ACTIVATIOV OF CATV GOVERNMENT CHANNIEL; The City Manager explaine3 the prop�sal to be that information would be submitte3 in form of a roll up bulletin boar3 and presente3 on a government channel. He said it wo•ild be possible to present public notices, etc. He said if the Council so dasirzs, this program can be initiated with the only expans2 to the City being the staff committment to pr2pare the material and have a typist prepare the copy at the General Television studios. . The City Manager said there may be other a�tivities �vailable on this government access station, but this ;aould no� be for som� time. Mayor NeE s.sid the channel which wrnald be used currently has color bars and music presented. He said the City would be able to use this channel for public information, MOTION by Councilman Starwalt to approve the activation of the Catv Government Channel and engage in the presentation of piblic information, Seconde� by Councilwoman Kuka;uski. Co�ncilman Breider note3 that as long as '�r. Peter Herlofsky, Adninistrative Assistant had been taking care of the public information in the New>letter, he would be the one to take csre of the preparing o£ the information for broadcasting. UPON A VOICE VOTE, all voting aye, Mayor Nee declare3 the motion carried unanimously. RESOLUTION N0. 13-1975 - A RESOLUTION OF INTENT REGARDING INDUSTRSAL REVENUE BO:VDS: Mayor Nee said he had talked to Mr. Ehlers who Indicated that the �ity should incZude s�xne language in the resolution for a fe2 to taice care of the legal and fiscal services which wo�ld be reimbursad if the bond issue is approved, but would allow for the City's expenses to be paid in the case o£ failure of the proposal or sale, Mr, Segar Swanson, Ehlers and Associates, ad3ressed the council and indicated [his provision could be called a 3eposit. Mayor Nee said this deposit would cover the costs if the bond issue is not accanodate3 by the Council. I ' '__... . . _ �_ _ _. _ . _ __ ��I 9 IREGUTAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 10 I�� ' Mayor Nee continued to explain that work wonld be 3one by the City Attorney and the Fiscal �onsultant and the City coutd deny the issue and be able to .� cover these costs, _ l �77 The City Attorney said he had no problem with the [hought, but questioned if this should be place3 in the resolution, He indicated that the City Co•�ncil could establish a policy to not consider the issuance until an agreement for this type of deposit is obtained £rom the applicant. He also �nentioned the anount may differ ia each case dep�nding on the amount of work d�ne by the applicants attorney and what the City Attorney would have to �o. He also mentioned he did ttot think the daposit should be s� high as to discourage ap�lications. Mayor Nee asked if in the last consideration for the issuance of Industrial Revenue Bonds, there was work done by the City Attorney and Financial ConsuttanC, Mr. Swanson said their firm had worked with ano*_her municipality and the cost was app:oximately $2,O�J0. Mayor Nee questioned if this Ianguage should be included in the resolution. The �ity Manager said this aould be up to the discretion of the Council. Councilman Starwalt s.3id he could sea that there may be some proble:n in this. MOTION by Cc�ancilman Starwalt to direct the City Manager to meet with the City�s legal Counsel and work out suitable wordsge either separate or included in the resolution of intent stating the �ity wiL1 require certain deposits for in house costs until the bonds sre issued, Councilman Breider said he did not believe t6is should be included in the resoLuCion. Mayor Nee said at so�ne p�int the suthority to make the claim would have to be given. He hope3 the �ity Manager w�zld not just say give the City a certain amount of money and this would be done. Co�incilman Breid�:r said he thonght the dollar amount should be defined a little better. The City Manager said the City would only charge for those costs incurred. MOTION by Councilman Starwslt to a3opt Resolution No. 14-1975, a resolution of intent regarding industrial Revenue Bonds. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 14-1975 - A RESOLUTION REFUNDING S�CIAL ASSESSI�NTS BO^IDS OF 1970 AND WATERWORKS REVENUE BONDS OF 1970: The Finance Director explained that two bond issues would be refunded, the Water Works Revenue Bonds of 1970 and the Special Assessments Bonds of 1970. He explained that this was being done because of the change in interest rates. He ssid he felt the City could handle the acc2lerated payment. Also, he indicated this would be a$68,000 savings to the City. fle recommend�3 that the Council choose this payment schedule. Mr. Swanson addressed the Council and summarized the previous action of the Council concerning this matter and also the fact that First ^Iational Bank of St. Paui would take care of the costs of the issue, Mr. Swanson recommended that the bonds be bid on February 25, 1975. Mr. Swanson further pointed o�t that he had done so�ne a3ditional work on the proposed refunding bonds and indicated the savings would be $84,235. Mr. Swanson indicated that the resolution presented for Council consideration listed the advantages of the issue to the City and would authorize the date of Fehruary 25, 1975. Also, the resolution would authorize the sale notice. He explained that the Couacil would not have to be pres�nt for the bid opening, but they would hop= the Councii w��uld meet tha[ evening and make reco�nmendations to accept or reject the bid. Mr. Swanson also indicated t[�at in this process, a new rating would be sought which would be paid for by the First Nationel Bank. Councilman Breider questioned if this was the best time to refund the bonds. Ne as&ed if the City waited a longer time, would this provide a larger savings. Mr. Swanson said the Longer the wait, the less the savings will be for the City, II , He said if [he boads had been refunded ten months ago, this aould have been a 8reater savings to the City. I I� � I ' __ _ _ .. _ _ _. i � . _ � I f ' , �� ' , , 278 ItEGULAR COUNCIL MEETING OF FEBRUARY 3, 2975 PAGE 11 Councilman Breider asked if once the bonds are advanced, couid this be done again, Mr. Swanson said the call date would be the same. Mr. Swanson said the action of the Council at this time sho�ild be to a3opt the resolution and also suthorize Moodys to obtain a municipal bond rating. MOTION by Councilman Starwalt to a3opt Resolution No, 1+-1975 concerning the refunding Special Assessment Bonds of 1970 and '�Iaterworks Revenue Bonds of 1970. Seconded by Co�incilman Breider. UPON A ROLL CALL VOTE, Councilwoman.Kukowski votiag aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Mayor Nee voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to authorize the City Manager and Finance Director to sign the agreement with Moodys Investers Service, Inc., 99 Church St., New York, for a new municipal rating. Seconded by Co�incilwonan Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee de�lared : ie :notion carried u.nanimously. CONSIDERATION OF :IOTICE_OF CITY SPECIAL �LECTION (PfARCH 25 1975 : AND CONSIDE RATION OF BALLOT PAGES FOR THE MARCH 25�1975 ELECTION 0;1E BALLOT FOR ABSENTEE BALLOTS AND ONE IS THE BALLdr Pr1GE IN THE VOTl7.�TIC :��CHINES:) AND RESOLUTIOV v0. 15-19�5 - A RESOLUTIOV DESIGNATIN� PQLLING PIACES_9ND AP?OINTING ELECTIO\ JUDGES FOR THE M?.RCH 25, 1975 SPECL4L ELECTIO�I: Councilman Br2ider asked if this was the only questi,on to be put on the ballot for this election. He mentioned that they ha3 talked about ad3ing ad3itional questions. The City Managar s�id the Charter Co;nmission has not m�t or submitted any items. The Finance Director said he had talke3 with Mr. Sheridan and pres�ntly did not know when or if any items would be coming in. He indicated Mr, Sheridan had said he planned to have a-ne=ting of the Charter Commission, but he did not kaow when the meeting wvuld be. He indicated if ad3itional items are su?�mitted, they can be a3ded to the notice, He said he wouid hold =he notice as lon� as possible. ' Councilman Breider asked if the City Cosncil would have to approve the notice for the election, The City Attorney said the Charter Commission has the right to put ques[ions on the ballot. He said he did not know if the City Council would have to approve the ballot. MOTION by Councilman Starwsit Co authorize notice of the Czty Sp��cial Election to be published on March Sth and Marr_h 12, 1975. Seconded by Councilw�man Kukowski. UPON A VOICE VOTE, all voting aye, Mayor iVee declared the :notion carried unanimously. MOTION by Councilman Starwalt to approve the ballot pages for the March 25, 1975 Special Election. Seconded by Councilwoman Kukowski. UPO:I A VOICE VOTE, all voting aye, Mayor Nee declared the motiol carried unanimously. MOTION by Councilman Starwalt to adopt Resoiutioa No. 15-1975 designating pollino places and appointing election judges for the March 25, 1975 special election. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Kukowski asked what happened to the material that was to be submitted on the criteria for election judges. The City Attorney said it had 1ot been coapleted. ' I ' , _ � _ . _ _ _. __ _ __ I , _ __ �7Q , REGUTAR COtT�]CIL MEETING OF FEBRUARY 3, 1975 PAGE 12 RESOLUTION N0. 16-1975 - A RFSOLUTION FOR SUPPOi2T OF POLICE SELECTZO^1 STANDARDS STUDY OF THL' METROPOLITAN ARr,A Mr1NAGEMENT ASSOCIATION; MOTIO;V by Councilman Breider to concur and ad�pt Resolution No. 16-1975 for support oF Police Selection standar3s study of the Metropolitan Area 'Kanage:nent Association, Seconde3 by Councilman Starwalt. UPO,I A VOICE VOTE, all voting aye, Mayor Nea declared the motion carried unanimo��sly. �I � RESOLUTION ,�TO. 17-1975 -DI?ZECTING THE ISSUANCE OF TEPiPORARY IMPROVEI"GNT 30NDS IN ACCORD9NCE WITH LAWS OF 1957, CHAPTCR 385 (SANITARY SEt�iEY AND STOiZ�I SEk'ER IPiPROVEDif3NT PROJECT N0. 113 : AND RESOLUTION N0. 18-1975 -DIRECTING TI-L° SALE AND PURCHASE OF TEAIPORARY IMPROVEMENT � BO:IDS IN ACCORD2,NCE WIT:I LAWS OF 1957; C13�,PTER 385 S9NI'TARY SEWER AND STO�;`_I � SEWER IMPROVEMI's�IT PROJECT N0. 113): � MOTION by Councilman Breider to adopt Resolution ivo. 17-1975 directing the ,'� issuance of temporary improvement bonds i❑ accordsnce with Law� of 1957, Chap=er 385 (Sanitary Sewer and Storm 5ew��r Improvement Project No. 113). Second?d by Couacilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor *]ee declare3 the motion carried snanimously. MOTION by Co�incilman Breider to a3�pt Resolution No. 18-1975, directing the sale and p�rchase of temporary improvemenC bonds in aceordance with Laws of 1957, Chapter 385 (Sanitary SewLr and Storm Sewer Improvement Project No. 113}. Seconded by Councilman Starw�ilt. UPON A VOICE VOTE, all voting aye, Mayor Nee 3sclared the a�otion carrie3 inanimously. 19-1975 -DIRECTING THC ISSUANCE OF TEMPORARY IMPROVEMENT _ �mrF rTTTU rnrac nr 19�7_ raAP'tTR 3£i5 (SANITARY SEWER AND WATEF+ AND RESOLUTIOIQ N0. 20-1975 -DIRECTING Tt� SALE 9ND PURCHt15E Oi TEMPOfZARY IMPRQ'�'r1ENT '�' BO�'VDS IN ACCORDANCE SJIT}3 LA?dS OF' 1957LC:lAPTER 385 (SANITARY SEWER AND W�'I'E,R IMPROVEMENT PROJECT N0. 116): MOTION by Councilman Starwalt to a3opt �2esolutioa No. 19-1975 directing the I� issuance of Tempvrary Improve:nent Bonds in accordance with laws of 1957, Cha�ter 385 (Sanitary Sewer and Water Improvement Project No. 116). Seaonde3 by Conncilw�nan , Kukowaki. � � ' UPON A VOICE VOTE, all voting aye, Ma,yor ;1ee declared the :notion csrried unanimously. MOTIOV by Co:�ncilman Starwalt to adopt Resolution No. 2�-1975 directing the sale and purchase of Tempnrary Improvement Bonds in accordance �aith Law� of 1975, Chapter 385 (Sanitary Sewer, Storm 3ewer and '�later Improvement Project No. 116), Seconded by Councilwoman Kukovaski. UPON A VOICE VOTE, all voting aye, Mayor Nee 3eclared the motio� carried unanimously. RESOLUTIO:I N0. 21-1975 - APPROVING CONTINIIED JOINT REPRESENTATION IN RE.,ARD TO TEAMSTERS LOCAL 320: MOTION by Councilman Breider to a3opt Resolution No. 21-1975, a?proving continued joint representation in regard to Tea�nsters Local 320. Seconded by Councilman Starwalt. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the �otion carried unanimously. RECEIVING RESIr,NATION FROM DONALD O. NELSON FROM BUILDILVG STANDARDS - DESIGN CONTROL SUBCO.�ITTTEE: MOTION by Councilman Breid�ar to receive the resignation from Mr. Donald �. Nelson from the Buflding Standards - Design Control 5ubcommittee. Seconded by Councilmsn Starwalt. UPO�TT A VOICE V01E, ail voting aye, Mayor Nee declared the �otion carried unanimonsly. ' ' i � F __ _ _ _ __ _ _. ___ __ � 280 � REGULAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 13 CONSIDERATION OF FTLLING THE CITY COUNCIL VACANCY IN WARD THREE: � Mayor Nee ssid he had prepared a proposal for the appointment and this wouid be one way to go, He ssid currently they were facing a question of pro;.edure. He ' ssid he would like some indication frum the Council on how *_o proceed and whether or not they would like to take action on the�tter atthe current meetiag. He exQlained he had been through the a?pointive process twice befor2 and both times he wss not happy and this is ahy he ha3 tried to suggest some alternative other thaa jast nominating a candidate. He ssid i£ the Council could not reach agree- ment, this question couid be presented in a special election. Councilman Starwalt said he had been over the propose2 very carefu2ly and said it would be one wsy in which the Council could sopoint somAone with a unanimous vote. Councilmsn Stsrwalt said he had no quarrel with the appointive pr�cess. He mentioned there :nay be sane changes down the road, He asked if instea3 of suggesting three possiblerandidates, co�ild they limit this to two. Councilm3n Starwalt continued to explain that he had ponderad the situation long and care- fully. He ssid this is a unique situation when he happane3 to be the only one of the o�posite par-�•, not that political parties should be a consid�ration. He said he wss prepared to nominate one of the six p�rsons in the opa�aite political party with goo3 3nd justifable reasons. He ssid he wosld be prepare3 and would attempt to 3irectly nominate a candidate. MOTION by Councilman Starw3lt to nominate �Ir. Edward Fitzpatrick to fill the vacant FIOo'l�lO:t in Ward Thre�. Seconded by Councilwoman Kukowski. Councilman Breider said he was very pleas� with the p�iblic hearing o£ the pravious ;aeek. He said it is very difficult to s3y if one p�:rson is better suite3 than another since they ha3 sll contributed much to their co:n:nunity. He tho�ght the tE�ir3 w3rd coild be very proud to .have this many and this kind of paople willing to volunteer to serve their comminity. UPON A ROLL CALL VOTE, Councilman Starwalt voting aye, Mayor Nee abstaining, Councilwom.3n Kukowski voting aye, and �ouncilman Breid�r voting aye, Mayor Nea decLared the motioa carried threa ayes and one abstention. CLAIMS: GENERAL 38643 - 38849 LIQUOR 9537 - 9572 MOTION By Councilman Starwalt to approve the Claims. Seconded by Councilwoman Kukowaki. UPON A VOICE VOTE, aIi voting aye, Mayor yee daclared the mution carried unanimously. LICENSES• GENERAL CO:ITRACTORS APPROVED BY Ted Matushak Construction ' 1666 - 29th Avenue N,W. New 3righton, Minnesota 55112 By: Te3 :iatushak C. Belisle �ATING Allen Heating & Air Conditioning Inc. 520� Eden Circle Edina, Minnesota 55436 By: W.C. Vi�bahn W. Sandin Rother Plumbing Inc. Route i�3 Os9eo, Minnesota 55369 By: Ted Rother W. Sandin MOTION by Councilman Starwalt to approve the licenses. Seconded by Councilw�wan Kukowski. UPON A VOICE V07E, all voting aye, Mayor Nee declared the motion carried unanimously. _ _ _ _- ' ��a , BEGULAR COUNCIL MEETING OF FEBRUARY 3, 1975 PAGE 14 COMM[JNICATIONS • ' MAYOR NEE: CATV FEE INSTALLATION PERIOD EXTENTION: Mayor Nee explained that he had put this item on the agenda because General Television was not able to install service to all the people they had wished ' to during the introd��ctory period, He explained that they had agreed to axtend this free installation period. Mayor Ne� requeste� that the members of the Couneil concur in this extention. ' ' , MOTION by Councilman Breider to concur in the extention of the frea installation period by General Television, Seconde3 by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Ne4 declared the motion carried unanimuusly. COMSTOCK AND DAVIS, INC SANITARY SEWER, WATER AND STORl�t SEWER PROJECT N0. 114, A. J. CiIlt0:4Y CO;VSTRUCTION: The City Manager explained that sone portions of the project had not be?n completed and the contractor was being notifie3 to procead with this work or the City would coltract for another contractor to get the work doze. MOTION by Councilman Starwalt to receive the con!nunication from Co,nsto�k and Davis and suthorize the sendin� of the notification letter. Second�ad by Council- wo:nan Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee 3eclared the ;notion carried unanimously. MOTION by Coancilman Starwalt to authorize giving the notice to A. J. Chroay construction to start work immzdiately and if this work is not done that the City would go �ut and contract for another firm to do the wortc. Second�d by Conncilwo.nan Kukowski. UPON A VOTCE VOTE, all voting aye, Mayor Nee declared the motion carried unanimo�isly. ADMINISTRATION OF OATH OF OFFICE TO EDWARD FITZPATRICK� COUNCILMAN THIRD WARD: ' The Finance Director adninistered the Oath of Office to Councilman Fitzpatrick and Mr. Fitzpatrick sign the oath. Mr. Fitzpatrick received congratulations from the members of the Council and audience. AAJOURN.1ENT : MOTION by Councilwom.sn Kufcowski to adjoura the meeting, Secorede3 by Councilman Breider. UPON A VOIC� VOTF., all voting aye, Mayor Nee declared the motion carried unanim•�usly and the Regular i�ieeting of the Fridley City Council of February 3, 1975 adjourned at 10:50 P.M. Respectfully suSmitted, Pat Ranstrom Secretary to the City Council Date Approved ' ' William J. Nee Mayor -� � �' RESOLUTIO�J PJO � 30-1975 A RESOLUTION REQUESTING PASSAGE OF HOUSE FILE 84 AND SENATE FILE 112 WHICH AMEPJDS MINNESQTA STATUTES GOVERNING VETERANS PREFERENCE ' WHEREAS, The Fridley City Council believes that veterans preference in public employment is a merited means to compensate a veteran for time lost in his persona1 career development while he is serving his country; and � ' � � ' � � ' ' 1 ' 1 , � WNEREAS, House File 84 and Senate File 112 will amend the existing State Statutes in regard to veterans preference; and WHEREAS, THE Fridley City Council recognizes that despite veterans prefer�;�ce public purpose, veterans preference requirements for local governments have been recognized as factors that seriously handicap municipal personnel administration; and WHEREAS, these handicaps in personnel� administration create barriers to equality of opportunity in employment and hinderance to the employment and promotion of the most qualified person for the job; and WHEREAS, House File 84 and Senate File 112 make modifications of the veterans preference laws in the spirit and in the intent of the existing statutes; and WHEREAS, House File 84 and Senate File 112 recognize a limited veterans preference for persons separated from the military service under honorable conditions; and WHEREAS, House File 84 and Senate File 112 make special provisions in that no time limit on the veterans preference is recognized for disabled veterans; NOW,,THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the City Council urges Senator Schaaf, Representative Simoneau, and Representative McCarron to do everyihing within their power to expedite passage of this legislation. ADQPTED BY,THE FRIDLEY CITY COUNCIL THIS 24 DAY OF February , 1975. ATTEST: � � <��_.��.�.� , .��� CI1�Y CL K- MARVIN C. aRUNSELL t ��.��� � ��ci MAYOR - William J. e , � � � � MEMO T0: FROM: SUBJECT: OFFICE OF THE CITY MANAGER FRIDLEY, MINNESOTA February 24, 1975 HONORABLE MAYOR AND CITY COUNCIL CITY MANAGER VE7ErZANS PREFERENCE � The Human Relations Commission of the City of Fridley requested the City staff to � send a representative to their February 20 meeiing. As a result of this reque�t, Peter Herlofsky, Administrative Assistant, was assigned to attend the meeting and discuss Affirmative Action with the Human Relations Commission. 1 � J � � � � � � At the meeting, along with the Affirmative Action discussion, comments were made in regard to the present Tegislative session and the proposal for a change in the Veterans Preference �.aw. Speci-fically, this is the Berglin Bill which is House File 84 and Senate File 112. The Commission wanted the Council to become aware of this as soon as possible and Mr. Herlofsky pointed out to them the fact that the minutes of the F�bruary 20 meeting would not be received by Council until around March 3. The Commission, therefore, asks for a representative of their group to attend the council meeting under the visitors section at the February 24 meeting to bring to the attention of the Council the need for•action in reference to this bill. Mrs. Karen Packer volunteered to attend the council meeting as a result of the action of the Human Relations Commission. The status of the bills has been researched by staff and attached to this memo are the following documents: . 1. Memo from League of Minnesota Municipalities in regard to the Veterans Preference Law 2. 'A preliminary copy 3. Proposed resolution presentation. of the 1 aw which Council can consider along with Mrs. Packer's The status of the bills is as follows: House File #84 has passed through the commi�tee and will be considered on the House Floor sometime during the week of February 24. Information has been received that the bill will not receive considera- tion until Thursday. This, of course, is subject to change on a day to day basis. Senate File #112 is stili being considered by committee in the Senate. This again is very similar to House Fi]e #84, and if the Council wished to give some input, this would be the most appropriate time. � NMQ/PJH/ms � li � � _ . ,� . � - I � ����'� ::'tt! � p tM w �...� i�:i� i „�-��,r�j!'j � � III�� � � � �' � � IEague �of minnesoi�a munici�ali�ies February �, 1975 -- �< T0: 2viinnesota Legislators FROM: Coalition for Fair Employrr,�nt Constance Go PJaterous, League of Minnesota Munici.palities - Caordinator S(JBJECT: Veterans Preference in Local and State Er�ployment The legislature is now engaged in a discussion of modifying veterans preference lav�s for state and local emplayment. The purpose of this presenta�ion is to clarify the provisions of tne t�t�o proposals for modificatio;��that have been most wi.r�ely discussed. One zs t.he pro- posal embodied in the Berglzn bill (H.F'. 84, S.F. 112) now being heard in the House L�cal and Urban Af��irs Committee and backed by �he Coalition for Fair Employm�nt. The second is the prop�sal to be presented by veterans gr�ups. We und�rstand the ve-teran's pro- posal is being revised; howe�*er, camparisons here are taken from a draft bill distributed to the League of 1Utinr,esoia Municipalities Board on February 1. . The attached analysis compar.es existing vetes�ans pre£erence la�vs evith �� the two proposals on a point�by-�point basis. In summary, ho�vever, the follocving is -the net effect of �he two proposals for �odification: !_� � � � H.F. 84, S.F. 112. c3ea�ly moves toward modification of veterans preference iatrrs. it makes the local law the same as the state law, and limits the use of point preierencE�to one successful use in either hiring or promoti.on. The pr-e£erence credit must be used within 10 years following discharge or the efiective date of the aet. The authors of H.F. 8� are Berglin, Tomlinson, Forsythe, Knickerbocker, and Kostahryz. The authors of S.F. 112 are McCut�heon, Coleman and Sillers. The Veierans proposal purports to make both state and local laws the same. Ho�vever, in several cruciaZ areas, the effect of the bill is unclear, and there are provisions that would in fact.strengthen the present veterans preference. These include the "�u].e cf three" for all state and Iocal eivil service systems, with absolute preierznce ori the third try,.and a provision that specifies that in ar�y reduction in personnel in any agency, all nreference employees shall be �iven first preference in job transfers or other placements. Absolute preference is retained for local units with no civil service system. . CGW:pjr , 300 hanover bui�ding, 460 ced�r s�reet, c �, 0 sain� paul, minnesota 55 i O 1 C612] 222-2881 Coalition for Fair F.mployment The Coalition is an in£ormal group of organizations that are committed to modifying the presen� state and local veterans preference laws and to move tovrard less preference for the veterans group. The following organizations are represented in the Coalition: City of Minneapolis League of M�.nnesota Municipalities League of Mi.nnesota Human Rights Commissions DFL Feminist Caucus � League of Women Voters of Mi.nnesota IrIinnesota Womens Political Caucus � GOP Women for P�Iitical Effectiveness National Organization of Women � 13nited Handicapped Federation � National Paraplegia Foundation - Mayor's Advisory Committee on Handicapped, Minneapolis Minneapolis Epilepsy League Hennepin Caunty Gi�izens League � Co-coordinators � �_ Constance G. Waterous, League of Mirinesota Municipalities 222-2�61 Loren Maker, DFL Feminist Caucus � � 646-4004 . CGW:pjr e •� , � � � v� � � ti G1 � r�' r-I r-! �rl � � ti-t � , . � . ' � � a � � m . � � a� a � �r . I � � �r� � m � H ai rt 1 r-� v n v, +� a •.� a� � � ��c°'ip��>�o .��'o�ait •.-i � � +� � c" �+ � s�U � � � c�n � a� � .� � en � � cd � U�� cd f-� O+� u� �'-, �� r-1 N ri �� � ri a al Fi ��r ���,�-ij F-� � a 4. � �. 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Ii 1 � 2 z .. _r�.... . .J.._.�_��.• _rr..-._�..�..r.�.....� u__�"u.._ • \._. ��........_.._..�� _.�_ . YI: 1022 ��� �`i i%� `�% 3. � A bill for an act •.2 relating i:o veterar_s;exercise of preference in piibZic 3 ' appointntents or promotions; amending 2�Iinnesota Statutes 4 1974, Seetioa Sections 43.30; 44.14; 197.�6;,197.4S1 - S sub�ivision 1; ancr Chapter �97, by addino a section; G repealing �finnesota Statutes 1974, Section 197.<<5. � 7' BE IT Et�IACTED EY THE LEGISLATURE OF THE STATE OF DiIi;:�F.SOTA: � 8 Section 1. Dlinnesota Statutes 1974, Section 43.30, is 9 anended to read: . • 10 43.30 �[VETE;:�1NS PREFEF.ENCE.] Notwithstandino sections 11 311�:43 197.46 to 197.48, the pxovisions of tiiis section _ 12 sliall govern the grantino o� veterans' preference for the . 13 state an�-fir��3e���a� civil service. 14 In all examinations under this chapter 63'-flt:jr-hlHfi3C'i�R� 15 e3v33-se�7iee-e�dsrisxee-ar--rH�e a�reterans' preference shall . � 16 be given to every person tiYho Iias been }ro3re�-�--el-i�sch�x-�-cd .. . u.nt�.h. 1•.o�.�RG.eL ta,�:_�.i� ro t�a . • 17 � separated irom any brancli of the armed forces of the � f G�GCN ;•'cr_�.[G!�� 1S United States (1) aftcr hatring served on active cluty for^ ,_;;_,�,.:_, 19 f►�.iu�--i;�r�rr-�tralni���- �ua=f�oses or (2} };y reason of disahil.i �j- 20 inctiri•ed ti�hile servin� on active di►ty, and ��ho is a citizea 21 of tiie United States, a�l:l p^rsoci: �:ho ser�-ed i�i t}ie aci:ive 22 t�ii.litary scrviee of 1ny gat�ernment al.li.ect ti��i.th thc United 2� Statcs i.n �iorld 1�lar I or 11'arlct i�;ar II, 1nd havc bec.n . . 1 . . � ..�. . ... ;_. , . , ' k ;: i �, k: , � �, _ , � � � � � ' � � �� � � .�._.__ . --_..__?? �......' ._.._.�._�_� - -� -,�. - .._._. ._ ---- I'F. 1022 y _y_...�.__. __:, , . � :� IZ10.... • . . ' . ' ' :; ' . • � i . � a ]. honorably a�s��,zr&�a tiierci'ro�n, and who are citizens of the ; 2 Unitcd States and were citizcns at the time oL entrance into • ; 3 nctive service: And the veteran thus preferre� shall not be � . � 4 disquali£ied from holdino any position in the classified ..� 5 sert�ice on account of his age or by reason of any physical � . ; 6 d.i.saUility provided such•age or physical disability does not k 7 render him incompetenfi to perform the cluties of the f 8 position. � . � � g Recognizin� that training and expexience in the 10 services of the government and loyalty and sacrifice for the 11 governMent are Rualifications of raerit ��;hich cannot be 12 readily discovered by examination; there shall be added to 1 3 the examination ratin� of a disabled veteran a credit oF ten 14 points;-a�c�-�.x-epea-ee.;��et���t�e-ezarn3aaL3as-ax=y ii such , �' ].S at�g�enLe�-�eat�n�-g=ves-�e-s�ek-dssF��e� veteran obtaine<1 a f 16 passi.ng grac3ez and if such disabled veteran is able to 17 perform the duties of the position sought �•:ith reasonable 1S efficiency, his nane shall be placed a�-ike-he�d-s=-rke- I9 e}3g3b�e-��.sz-e��-sxe�-�as=Liea on the list of e2i�ibles 20 wi.tn the nanes oi other eligible persons. The name of a 21 veteran �•:ith such augmented rating shaZl be entexed.aliead of 22 a non-veterar_ when tneir ratin�s are the �saMe.. 23 There shall be added to the exanination rating of 211 ,:t�(.n.sea�.�a.�9. • 24 other veterans a credit of tive points ;-an2 if such ZS at��flen�ed-�aLsao-g'sves-�e-s�ek veteran obtained a passino 26 .grade-aa�l-3�-stzek-ve�e;an-is-ab�e-ce-�e�Zo3•�-��e-�t�t3es-or . , i{ . 27 �}ie-posi�}en-t;iLk-.�ess�as�i�e-e�Z3E�ena}r�-�li3-Y13R0-Sil&����fC , 2S pieeed-oa-�ile-3�sz-e:-e�3o�H�es-K�L'n-�ke-naries-of-e�ke: � 29 e3i��b�e-�erseYS. The name o� a veteran �•rith such ' (� �. ' .�`:,',,,...- �� 30 augmented ratin� shall bc enterect ahcad of a non-vetcran __-_��--_ - - �e .i c�.., 31 rrhen their ratin�s arc tl�e same. Q-�-��^-°:��'�-`/ . V t�w n�c o.t �C,e�e. A-4.cs�.e_ . 32 � No vcteran shall be eli.gib2e for an at:;*mented ratiil, �� a ���..t c.e.�-� -�- .�,e-t'�.�.G e.�� C�.�:,..� a:� U-e: � ��. �� �, o !C_ . � 4 �- .Q,e..e.�x-..�' 7t'�:.i� �" � �t �-'�''t `�`k C, �l.��s Gvttiu.F.►_ .1 � as�.o •N-4-u-#• 3 � u.�.i�� �...b., �t _______.____�__----.-----.._._._________._.__.._.__.._...... _.. _ . � _ .. _ . , . . _, ,. , . �, . . �. � ..� .�:. �. . . ,, _._ ., ...��_...�...�._...._.. ;.E .,.. � -> ,. � ', �.�y fi1U22 , ' � r � � , ' ' • ' . t ' ' � � � - � � � � -..___. ; PK 1022 • 1 pursuant to this section after tcn yelrs next f.ollowing the 2 effective d<<te of this act or after ten years next follo�•ri.n� 3 that vetera7i's most recerit date of da.schzrFe or senaration, ," 4 excluding any time spent in a hospitaZ or szmilar instituti.on 5 for treatment of a service connected disability i�r}izc�ever is 6 the later. An-an�r�eti�e�-�-aLix� The veterans preference 7 ereated by this act once utili.zed to secure an enployment, 8•ap.poi.ntment or promotion shall not thereafter again be so 9 used in this state or any political subdivision th�reof. 10 The exercise of a veterans' preference fornerly existin� 11 under biinnesota statutes 197�1, sections 197.45 or 43.30 12 .�;hich resulted in enployment, an apnointment, or rp omotion 23 shaZl preclude the use of ti�e veterans' preference created 14 � this act. • 15 Such preference is hereby extended to the wido:•;s or � �. � t _ : r 1 � �.� � . � � �- . - 16 wido�•rers o�.ldeceased veterans and to the spouse of a 17 .disabled veteran, trho because of such disability is unable 18 to qualify. . . ; - 19 ".The fact th2t an applicant has claimed a veterans 20 preference shall not be made knoirn to the examiners and the 21 preierence credit shall be added to the examination rating 22 by the cor.unissioner 6i-f'"%Hi13E3�Yt?-OiL3E3i��, and the records 23 shall sho�,r the examination rating and the preference credit. R.c��u,ci�c0.'�'c ci 24 A disabled veteran is one zoho is �-t-€.E�r--E-e�-t�d as �Gu.a,-w �a c.Cv: ,�ri��[+_��7.��^r S.�h.cu.c,� �'- �'4�. t�� �C?_ o t 1 t�i 1�� �1 ._-._�-........_.:._,.._.�....__ .,-c.n�•.n.c'.��.� _�� �. ,f . 25 eii�sa-b�e�jby the United States Vcterans A�ii�istration, .or by 26 the retirement boards of the several branches of the arr.ed , 27 forces, and ��rhich disability is existing at.the time 28 prefexence is claimed. ' 29 In the event of the rejection by the appointinG o;ficer 30 of.the person so preterred when certificd for promoti.on or 37. to fill a vacancy or a ne�•: position, the a�pointin� officer 32 shall tortlwrith filc in writin� trith thc ccmni.ssioner c�r . 3 � __ . ._. _ . �.. � -....,;.._..�. .,. _ . _ . ... ,.._.... ; .. .. _: _ . . �� � I� .• ...u- . •. y L � U 2 � _l...._...�. �'I , , I � . � ' 0 _..a_......���..�.��. _ _ 1 .. ..�..�.... _.... "_'.......-_ PJ� ].0'l2 1 Rittfi3.Ei�tl}"��f3Ci.8� the reasons ior such rejection and shall 2�urnisli to the rcjected veteran a copy thereoi. . g Sec. 2. blinnesota Statutes 1974, Chapter 197, is 4 amended by actding a section to read: . 5 [197.�I55j jSTt\TE LAZV APPLICABLE.] The provisions oF 6 P�limlesota S�afiutes, Section �3.30 granting prefereiice to 7 veterans in em�loynent, a�pointment to and pronotion in the - 8 state civil service shall also �overn preference in employment, g appointrient to and promo�ion of a veteran under t;1e civil 10 service latirs, charter provisions, ordinances or rules and 11 regulations o£ a county, city, to?,m, school district , or 12 other municipality or political subdivision. �lny provision 13 in an a la�a, charter, ordinance e-:�, rule or �egulation contrar 14 to section 43.30 is void to the extent of such inconsistency. � 15 Sec. � Piinnesota Statutes 197�1., section 44.14 is. 16 amended to read: 17 44..14 _ i/ETERANS PREFERE'�CE. This chapter does not ; 18 exclude or mo<ti.fY_the a�„vlication_ of secLions }43:45 197.�55 ].9 and 197.46;-kneF;�-as- �}ie-ve�er•aas-g:e=er•etiee-�a�a. 20 . Sec. 4. 24innesota Statutes 1974, Section 1R7.�6 is 2I amended to read: � 22 7.97.46 VETERANS PREFEF,E�CE ACT; RE�fOVAL FORBTL'DEN; , 23 RIGHT OF bSANDA�iUS. Any person w}iose rights may be ' 24 in any tvay _pre}udiced ccntrar}• to ar.y of the provisions 25 of this section, sliall be entitled to a n�rit of mandar:us 26 to re�nedy the t��rong. No person holdin� a position by ' 27� appointment or employment in the State oi A;innesota oi- _ 28 in the several counties, cities, to�oJis, scliool districts 29 ancl al]. otner political SltL�C11V1510315 or agencics t?iei•eof,. 30 i•rho is an honorably discharged veteran, sh11Z be remo�-ed ' 31 from such position or employment except far i�icompetcnc}' 32 or miscondt�ct shoi�n after a hearing, upon due notice, uj.on � • � � � - _.... _ -- -�-�- _ . _ . _ .. _ . . . :�-... m . - -- - _.. : _ _. . .. _ . , � . __. . .. ._ . . ,... , .. �._.... _..,.__....�._...Y. ,.. , ._. ._,. .,.�,..,_ ;._ ._,�-- , _ . . , -- _._ . : 0 0 • �" B1022 j�t' _'_ ,.�.—. - �.r.�.sti , .�..�� ,r.._�....�.�..�..Y_.+..�.- PR 1022 - 8 ]. stated chai•�es, in �rriting. ; 2 Any veteran l+rhu has been notifiecl of the intent � 3 tc dischargc him £rom an appointed position or enployment � i . . � 4 pursuant to tlii.s section shall be notiiied in writino of � i 5 such intent to discharne and of his right to rec�uest a. i 6 hearing Vrithin 60-days of receipt of the notice o� intent 7 to discharge, The failure of a veteran to request a �. ' 8 hearin� i,�ithin the provided 60 day period shall constitute 9 a�,raiver oi his right to a hearing.' Such failure shall 10 also waive all other avazlab�e legal re�nedies for 11 reinstatenent. � ' �. ' 12 Renuest for a hearing concerning such a discharje 13 shall be made in iariting and subr,iittect by mail or personal � 14 service to the employment o£fice of the concerned er,tployer _ 15 or other appropriate office or person. 16 In all governmental subdivision having an estab2.ished � 17 civil service board or commission, or merit systen authority, 1S such hearing for renoval or discharge shall be held before ' . -_ r 19 such civil service board or commission or merit system 20 authority, i�There no such civil service board or commission � . � 21 or merit system authority exists, such hearing shall. be � � 22 held by a boarcl of three pexsons appointed as folloti:�s: one ' � 23 by the govern;��ntal subdivision, one by the.veteran, and 24 the third by the tz�ro so selected. �In the event the two ' 25 persons so selected do not appoint the third person t•iit}iin 26 ten days after the appointment of the last of the tcvo, " . . � 27 then the judge of the district cou:t of the county wherein . +�. 28 the procecdino is pending, or if there be more than one 1! 29 judge in said county Lhcr. any jud�e in chambers, shall t . . 1 30 hlve jurisdictian to appoint, and upon appl�cation of ' C f 31 either or bath of the tcJO so selected shall appoint, the � • . • r 32 ihird person to the boarcl and thc person so appoi.ntcd by f � � S • � � �. � . � r , ,__' r__�_....,...�.:..__......._.. _ " . _�_..._....._.. - - _ . - _.� ..:_.__._� .. __� . _ y. . . �. . . ' � . . 1 the judge wit}i the t�JO first sclected shall constitute 2 the board. Thc vetcran may appeal irom the dccision oi, 3 the board upon the charges fio the disirict court by C1LtS1I1�T 4 Vrritten notice of appeal, stating the grounds thereoi, to be S served upon the governmental subdivision or officer makinp 6 the eharges ��rithin 15 days after notice of the deci.sion anc? 7 by filino the original notice of appeal wzth proof of 8 ser�ice thereof in the office of the clerk of the district 9 eourt tirithin ten days after service thereof. Nothing in 10 sections �9�:A5 197.455 aiid 197.46 shall be construed to 11 app�y to the position of private secretary, teacher, � • 12 supexintendent of schools, or one chzef deputy of any 13 elected official or head oi a departr:ient, or to any person 14 holding a strictly confidential relation to the appointing 15 officex., The burden ot establishing such relationship • 16 shall be upon the appointing officer in all proceedings 17 and actions relating thereto. . . 18 All officers, boards, comr,!issions, and enployees�shall 19 eonforn to, coMply with and aid in all proper �aays in carryino 20 into effect tlze provisions of sections �9�:45 197.��55 and 21 197.46. Any t�rilful violation of such sections by officers, 22 officials, or enployers is a riisdemeanor. ' 23 Sec. S b,innesota Statntes 2974,.Section 197.48Z; sub- �24 division 1, is amended to read: � ' 25 197.48I EA'FORCEP•9E\T. Subciivision 1. Petition. A 26 veteran «ho has been denied riohts by the state or any ,� 27 polztica� snbdiuision, n�un'icipality, or other public agency 2S of the state under sections 43.30, �9�:�5 197.46, 197.47, ' 29 and 197.45 niay petition the commissioner oi VCiCT111S affairs 30 for an order d�recti.n� tHe agency to grant the veterin such 31 relief the con�nissioner ii.nds justified by said statutes. � 32 The petiti.an shall contain: • F i .- � ' � , � . � � � � i � ' ' II� . . G � ,, .. .,.. .,..... . _ ...,. ..� . .. ... ..... -.�., , ,.., . .,.....t .. ..� ..... i . .. . . .. . _.. ...i ...�;i.w 2i:�..:..:._»'l? ,; r ._ . _ _ . _ ..._.__ . f �- .._ . ... _ , . . I� � . .. , B1022 . • . PR 1022 - . . . . I� , . " 1 (1) The name, address ancl �cknawled�ed Y� � 2 sibnature of the veteran. . ` . � r . - � oi all a cncies an 3 2 The names and addresses g , � ) . '�4 pexsons.that will be directly affected if the petition is ` . . � ' ' S granted. •. . . . Y i 6 (3) " A concise staten�ent of the f:acts giving rise � � 7 to the veteran's rights and a concise statement showing the . 8 manner in rrhich rights we�re denied. • . � 9 (4) A statement of the relief requested. 10 Sec. 6. Nlinnesota Statutes 197h, Section 197.�5, is � 11 regealed. 12 See. 7. [EFFECTIVE DATE] This act is effective the : � . 13 da� followi.ng f inal enactment . � • � • . ' '. ' . _ . . ; .. � : , . " . ' , ' . . .. '. • ' � � . ' . . . � • ' . ., F . ' i � � � � . . . . . • . `, . . , . � � � • . � � . . . � . � , � � � i • s . • � � . '_ • . ' � . , . E . i . , � . • • � . • �; � I . • \ � . t r . .. . � � . , � . . � _. . � . _ ____ . _ �� -_ . ..._�.�. �-_ . - . _ . � . ._ � _� . _.. _ . _ _ _ _ _ . . ___._ _ _ .._ _.__ . . .. _ . � ._. � _ ._..��_._ . ; ' ' � � 560-3450 C�t o r��le � � ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNE50TA 55432 PROCLAMATION LCAGUE OF WOMEN VOTERS �dEEK IN FRIDLEY WHEREAS, the City Council of the City of Fridley wishes to a.cknowledge the services to the community provided by the Fridley League of Women Voters; and WHEREAS, the League of Women Voters is an organization which � provides a viable means of expression for Yts members throughout this country; and �dHEREAS, the City Councii of the City of Fridley is very much ', aware of the services provided by the Fridley League of Women Voters � through their many public service functions; and � 1 WHEREAS, it is fitting for the citizens of Fridley to recognize . tne efforts of the Fridley League of Women Voters; NOW THEREFORE, I, William J. Nee, Mayor of the City of Fridley, , hereby prociaim the week of March 3 through March 9, 1975 as I ' �I � lEAGUE OF WOMEN VOTERS WEEK IN FRIDLEY IN WITNESS THEREOF, I have set my hand and caused the Seal of the City of Fridley to be affixed this 24th day of February, 1975. ��- � �� ,F�� �,� !�� ' r � r � ' � . �E.. � � L � �� �� . �� � �,��;���� � WILLIAM J. NEE, MAYOR e � LEAGUE OF WOMEN VOTERS OF FRIDLEY � FRIDLEY, MINNESOTA 519g St. Moritz Dr. � �� Fridley City Council 61�31 University Ave. N. E. FridleY, Nu�t., 55k32 Members of the Council: January 31, 1975 � The FricU.ey League of Women Voters would like the Council to consider procla�►ning the week of March 3— qth, 1975, as League of 'uJomen Voters Week in Fridley. .ae would Like to f.o2low suit of the 24i.nneapoiis Lea�ue, and other Leagues across the country, to ca21 the atteniion of the com— , munity to the services wh�.ch the League provides for ther�. ?�le intend to make sno� announce�nents on Cable TV, utilize the Coimnunity Billboard, req_uest notice in the Fridley Sun, and conduc� our Annual Finance Drive, � at which time we t�y to call on and explai our purr.�oses and activities to the business men and zvomen in the area. � The United Nations has proclaimed this year the lear of the'rloma.n, and has urged women everywhere to make the;�selves h�ard and noticed. I am sur� most of y+�u are aware of the serv'ices of the Leat?ue to the conunu.nity � at lar��e, in the form o£ candidates meetin�s, in�'orma�ion, etc., and of the contribu�ion many of our individual members make in serving on coa�rnittees, commissions, etc. G��;e would like tne rest of ihe com�unity to be more aware � of ihe dedication to issues and services that we have. We will aI1 certainly appreciate your acti.on on this matter. Sincerel�, c---� . _�� y� \�1. Q '`2�� President, Frid2ey League of Women Voters ' , � ' ' AHiliefe� fhe Lsapus oi Woman Voters of fhs U.S. ' U � ' � ARMORY RESPONSE SUMMARY Requested Response from 60 Organizations Received 14 Responses 3 For 8 No Commitment 3 Against N Date For No Commitment Against 1. 9/16/74 Am. Legion Post #303 1/21/74 � Fridley Rotary Club 11/14/74 � Fridley Jayce2s 4. 1/29/75 5. 1/8/75 � 6. 12/4/74 7 �I 11/27/74 8 � 11/25/74 9�j 11/27/74 IO ■ 12/9/74 11/27/74 12. j 5/8/74 13-1 11/26/74 I4 , 12/17/74 N.E. Lodge #345 A.F. & A.M. School Dist. #14 School Dist. #13 Schoo] Di st. #16 Boy Scouts (St. Anthony Dist.) Unity Hospital Fridley Women's Club League of Women Voters 1 �. KemarKs Full Support Support - But not use � Support concept - Urged joint effort between communities and not necessarily locate in Fridley _ No Comment No aiu for school related curriculum No Comment No Comment No Comment No objection to Armory Let members decide separately - No Official Stand Let members decide separateiy - Na Official Stand: �Passed resoiution Fridley DFL Club against armory in Fridley-5/23/74 City of Against joint oper- Brooklyn Park at�on-against arm- or�r i n the i r Ci ty City of Against joint oper- Brooklyn Center ation-against arm- _ or in their Cit I � , I � , � � res�luti.ail No. ,_ ST1ITI:NII.�TT OP INT]:NT T:S`1'�1137.ISITti1L;\T'1 Ol J1 �?n`l'IO\11L GU�ll:ll U�rI`i' T�T TIiL CI'.CY OF l�JIII:R�':S , the Departrneni: oz Niilita:y �'1ffGirs , S�a �e oi �/iinneso�a , through The P�djL:tUnt Gencr�l, has,expres�ed a sincere c'.esire �o cstUblis:� in ti�e Cii:y of , a i�Tational Guard unit ar�� armory; ar.ci V�HEi:I:.r�S , the City Cou:�cil oi th� City of deems �he T�Tatior.al Guard as pcing a patriotic and civic orranizaticn des�rvir:g oi our suppert and com::�l���ci�tion. � � NC�W THEI:EFORr �, BL IT RES OLVED BY THE CITY OP MIi�T�iES Oi11, Ti-��'�T: The city is most definil:ely intcrest�d in wor�ing cooperatively wz�h the Minnesota 1�?a �ional Guard to esLablish und civicalland po provide assistance Guard unit in the City of f.or the consi:ruction of ari arma;y building. . BE IT FURTHER RESOI.VED, THAT: VVe pledc;e the resources of the City of in every reasonable degree to support the afaresairi aim. Adopted by the City Council of , day of 1973. this lA , 1 ' �. � � - 2 � STAT� OF MINNESOTA) � ) ss. COUNTY OF ANOKA ) LEASE AGREEMENT � THIS AGREEMENT, made this day of , 1975, by and between the City of Fridley, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter called the City, and ' the Springbrook Nature Center Foundation, incorporated November 29, 1973, as a non-profit organization, hereinafter called the Foundation. ' � ' , ' WITNESSETH: That the City does hereby demise and let unto the Foundation the area known as North Park and described as follows: S 30 Acres of NE4 sec. 3 30 24; and The East 70 feet of the Nesrthwest Quarter of the Northeast Quarter of Section 3-30-24; and NW% of NE% EX TH PT LYING W OF R R-SUBJ TO GAS MAIN EASE OVER WLY 50 FT-SUBJ TO EASE 30 FT WIDE TO N SUBURBAN SANITARY SEWER DIST LYING ELY OF A LINE PRLL TO & 30 FT ELY OF MEAS AT RT ANGLES TO THE ELY RT OF WAY LINE OF N P RR CO & EXTENDING NWLY ACROSS SD NW4 OF SD SEC 3 30 24--6/I1/65; and N 34.68 ACRES OF NE% OF NE� SEC 3 30 24; and TH PT OF LOT 6 REV AND SUB ��103 LYING NELY OF RR R/W-SUBJ TO GAS MAIN EASE OVER WLY 50 FT-SUBJ TO EASE 30 FT WIDE TO N SUBURBAN SANITARY SEWER DISTRICT 6/11/65. It is mutually desired by the City and the Foundation that the ' environmental education project be successfully designed and directed for the benefit of a11 of the citizens of the region; therefore, the City and the Foundation agree to the following conditions: 1. TERM: The Foundation is to have and to hold the above described premises for a term of Five (5) years, beginning March l, 1975 and ending on February 29, 1980. 2. RENEWAL: This Lease may be renewed for additional Five (5) year periods upon the mutual agreement of both parties. If the Foundation desires to renew this Lease, they shall notify the City, in writing, at least Ninety (90) days before the expiration of this Lease. If the City agrees to an additional Five (S) year lease, it shall notify the Foundation that the request for an additional Five (5) year lease period has been approved. 3. RENTAL: The Foundation shall pay to the City the sum of One and no hundredths ($1.00) Dollar per year. 4. SERVICES TO BE PROVIDED BY THE CITY: The City hereby agrees to furnish, for the term of this agreement, I , I , � -z- 2A maintenance of North Park including, but not limited ' to, grass cutting, tree trimming, clearing and removal of waste material, snow removal, fence maintenance, ��, and parking lot maintenance, which services may include � ,� ' , � I the furnishing of inen or equipment, all to be accom- plished '---J-�-- �- •, TrPb, i..,- �,�a„� ��_.r ..w� � -'��'ron��'�_, f rho Tli rort -�� +-�^ ""' "'''r=-' . The cost of such services is to be reimbursed to the City by the Foundation. The City will establish a standard fee schedule for such services, such schedule to be provided to the Foundation prior to furnishing any services. The Foundation wi11 be permitted to use the clerical � and bookkeeping services of the City for record keep- ing and for the payment of sala�ies and benefits to Foundation employees; all salaries and fringe benefits , of said employees are to be paid by the Foundation, together with a reasonable charge for the clerical and bookkeeping services provided by the City. � � I ' ' ' , ' ' ' � The City agrees that it will cooperate with the Foundation in an effort to raise funds for the development and operation of the Nature Center. In particular, the City will make application for funds on behalf of the Foundation, if the Founda- tion is not eligible to make such requests itself. The City will also advise the Foundation on the availability of funds and the procedure to appl.y for said funds when this information becomes avail- able to the City. /' � d � < o,.� J ./,� D. ,r�" 1 tJ�'M � � A/� V 5. SERVICES TO BE PROVIDED $Y THE FOUNDATION: The ' Foundation will provide the City with an overall � deveZopment plan for the Nature Center; said plan � shall. be furnished to the City Council within �� 1; � (1) year of the date of this agreement In addi- /�,/�� tion, the Foundation will use its best efforts to t raise necessary funds for the development and operation of the Nature Center. The Foundation will be responsible for hiring necessary personnel for the operation of said center. The Foundation will also submit reports to the Council at least annually, or more often if the situation warrants, which reports will describe the progress made by the Foundation. 6. RULES AND REGULATIONS: The City agrees to enforce all rules and regulations in accordance with the City's ordinances. All conduct on North Park will be subjeet to the rules and regulations, and of the ' : .. � �J ' � ' , ' -3- ordinances of the City. The City will supply the needed personnel to enforce said rules, regulations, � and ordinances, as needed. 7. POLICE AND FIRE PROT�CTION: The City will provide�✓°' poliee and fire pr.otection at no cost to the Founda- tion. 8. IMPROVEMENTS: Any major improvements permanently attached to the property are to be approved in advance by the City Council; said approval shall be in writing. All permanent improvements, attached to the property, shall remain on the property at the termination of this Lease and sha1Z become the property of the City. 9. LIABILITY INSURANCE: Adequate Public Liability Insurance shall be provided by the Foundation. The amount shall be no less than $300,000.00 and shall be increased as needed. ' 10. APPROVAL FOR ADMISSION CHARGE: The parties hereto agree that the Foundation will not establish a system of admission charges to the general public , without first having said charges approved by the City Council. 11. COMMUNICATION BETWEEN TH� PARTIES: The Foundation will maintain a regular, open public meeting for conducting its business and wi11 furnish the City Manager with minutes of these meetings. All commu- nicati.ons wiCh the City Council will be through the City Manager, who will act to establish a liason between the City Council and the Foundation. The City Manager may personally act as the Council's representative or may assign a satisfactory member of his staff to act in this capacity. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. IN PRESENCE OF CITY OF FFZIDLEY $y William J. Nee, Mayor And Marvin C. Brunsell, City Clerk r�, . � � � a � , , , , ' , ' � , —4— STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) On this day of •, 1975, before me, a Notary Public within and for said County, personally appeared WILLIAM J. NEE and MARVIN C. BRUNSELL, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Clerk of the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said WILLIAM J. NEE and MARVIN C. BRUNSELL acknow- ledged said instrument to �e the free act and deed of said municipal corporation. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. IN PRESENCE OF STATE OF MINNESOTA) ) ss. COUNTY OF ANOI�A ) SPRINGBROOK NATURE CENTER FOUNDATION By Richard J. Trezona, Chairman On this day of , 1975, before me, a Notary Public within and for said County, personally appeared 12ICHARD J. TREZONA, to me personally known, w;�o, being by me duly sworn did say that he is the Chairman of the corporation named in the foregoing instr.ument, and that said instrument was signed in behal� of said corporation by authority of its Board of Directors and said RICHARD J. TREZONA acknowledged said instrument to be the free act and deed of said corporation. 2� 2D NIEMO TO: Nasun Qureshi, City Manager ,� FROM: Dan Huff, Naturalist/Resource Coordinator � DATE: Februazy 19, 1975 RE: Direction for Nature I nterpretive Program As you know, the Council direction on North Park left several questions unanswered about my role in the City goveri�nent. Tn order to clarify the situation, I would like to propose that the funds remauzing in the Nature Interpretation for program develop- ment be used to partially develop the following areas to be designated "Natural History Areas": 1. North Innsbruck Park 2. Rice Creek Park 3. West Moore Iake Dunes 4. I slands of Peace The initial development (1975) would simply include: 1. 2. 3. 4. 5. 6. 7. Area identification signs Scme interpretive signs Sane "primitive" trails Benches and txash cans Boardwalks Observation decks and blinds Footbridges This plan would resemble the original program outline for 1975 with the �ollawing exceptions: l. The East River Road and East Moore Lake sites would be eliminated fran the plan. 2. A close coordination with local schools would be main- tained in order to fully utilize the resources available. 3. GY.iided tours car�uld be reduced to a minim�i so as not to duplicate activities at North Park. With such a program, no develo�nent or planning activities should be left hanging at the end of budget year 1975. Also, if the City wishes to retain my services in future years, there are a couple of disections that could be investigated. First, and most interesting, is the possi.bility of seeking a Joint Powers Agreesnen� to establish a natwraZ resource coordinator who could provide planning, implem�ntation, and manag�nent services for parklands, natural history and enviromnental areas, school forests, etc. for those ca�munities wishing to be involved. � City Manager, February 19, 1975 ZL page 2 Secondly, certain responsibilities within the Parks and Recreation Departinent could be defined to fit my capabilities. These might include park planning and develo�xnent and manag�nent/programming of nature-related recreational programs. Perhaps you can seek the direction of the council on this matter. Thank you. �� . 0 � i CONSIDERATIQN QF ISSUANCE OF LIQUOR LICENSE TO RICHARD DUANE POVLITZKE, 73b5 CENTRAl. AVENUE N.E., FRTDLEY FRONTIER CLtJB, INC. (TABLED FROM 1/2/75 AND 2/3/75} (City Attorney will have information available for meeting) . 0 0 3 � ORDINANCE N0. AI�I QRDINANCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY The Council of the City of Fridley do ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota described as follows: That part of' Lot 38, Auditor's Subdivision No. 39, Anoka County, Minnesota, described as follows: Commencing at a point on the south line of Section 34, Township 30, Range 24, distant 256 feet East of the southwest corner of the Southeast Quarter of said Section 34; thence North, at right angles to said South line, a distance of 40J feet; thence easterly parallel with and distant 400 feet North of said South line, a distance of 112.60 feet to the actual point of beginning; thence South, at right angles to last described Iine, a distance of 120 feet; thence East, at right an�:ies to last described line, a distance of 175 feet, more or less, to its intersection with the westerly right- of-way line of East River Road, thence northerly, along the said right- of-way lzne, a distance of 120.8 feet, more or less, to its intersection with a line parallel with and distant 400 feet north of the south line of said Section 34; then westerly, along said parallel line, a distance of 188.5 feet, more or less, to the actual point of beginning. Con- tainin� 0.50 acres. � Together with a 20 foot wide road easement described as follows: Beginning at the southeast corner of the above described tract; thence southerly, along the weaterly right-of-way line of East River Road, to its intersection with the northerly right-of-way line of 37th Avenue NE; thence westerly, along said northerly right-of-way line, to its inter- section with a line parallel with and distant 30 feet West of the westerly right-of-way line of said East River Road; thence northerly, along said parallel line, to its intersection with the southerly line of the above described tract; thence easterly, along said southerly line, to the point of beginning. All lying in Sectior s4 T'-30, R-24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. It is hereby determined by the Council that the City no longer has any reason to continue to own said property and the Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to effect the sale of the above described real estate. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ATTEST: MAYOR - WILLIAM J. NEE CITY CLERK - MARVIN C. BRUNSELL First Reading: � ` � f •' i +� � y�r j % � 1�, � _ ' i � � 'l�C, , , . � �J� �� 4A. � ; � . - , . . . . (sQ�> � . � • � . ' J � • _ . Cifj� of Mi;�n�apo%6 �. ' . o Z �- . .. . ' � � � ' � � � � . � � � y � � �1�, / -/on,- -ioc � � � �. . . 36 A ; ; . � � �h � � . , , . ` � . . . ; , . i , *.�,.� � , . ' � _ - " � ; ' � � ; q: ± � w � :; � . • t •= � � i � � . � ~_._. % j�� z'�. # � l . . ' N' A _ � � ( 7 ,' 6a, � � 1 . , _ � �- '', .. � � - (� � �� � � .r � . +-. � .is , i, _ . ' !� . UJ , {. � � ,: � . -� _ . /� . � (,� ! �, . .` _ � y � . ; � � : �. / � .� � � . �Y ';', ,�;' ``�i _ . 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( � . �''� � i � �'J��, . , . �' . , �' `[�.� �" ' �. � ' _ , � � � � (564or : ---- . . .. �^ ..... .... :-r :- .t.i! .... � .�....6ss.'�'...L.7�s.3- ,a•'�r-; .... '�..,i , ' � �� �C(,Zp) ,� ' ���r �f� ' �..��?.��...... � � � ' 23.tL �� _ - _ �� � _ _ ' '�-Y. �l �" " /I.SO C6. //D 69 % ... . I,• . � • �- ' . .,,,�y.. 4 �. - �� '�� l.Vi � . ...i...�p91.L�Y....�.... ' ~ ..r,,, .s i'NF_R p ..�.. zos.i.. .�, ..,.,�„�,�...,,� 3 �- a rt 4 ' � S�5 C .;l'tt . b��3 �+C . ' I ` � �7C �. . /i�Op. ea /�!j/. � ,' � � 1 . i / �../ �' . . . � . . � I � � � � CITY OF FRIDLEY PLANNING COMMISSION MEETING CALL TO ORDER: FEBRllARY 19, 1975 Vice Chairman Harris called the meeting to order,at 8:00 P.M. ROLL CALL: PAGE 1 � Members Present: Harris, Lindblad, Blair, Drigans, Langenfeld Members Absent: None Others Present: Darrei Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: JANUARY 22, 1975 Mr. Langenfeld said he would like the comments on page 10 clarified. He said that the basic concerns were what the Planning Commission should have, rather than him as an individual. Concern number 2 should read that if this Committee decides to tax the individual, it would be di��ficult to get community suppurt. Concern number 5 should read check sources of immediate funding to see where the Bikeway Committee would stand on a Class I project. MOTION by Drigans, seconded b� Blair, that fhe PZanning Commission approve their minutes of the Januar� 22, 1975 meeting as amended. Upon a voice vote, all votinq aye, the motion carried unanimously. RECEIVE THE JOTNT MEETING OF CITIZEN BIKEWAY, PLANNING COMMISSION AND PARKS & RECREATION COMMISSIQN MINUTES: JANUARY 7, 1975 MOTTON by Blair, seconded by Lindblad, that the Planning Commission receive the minutes of the joint meeting of the Citizen Bikeway, Planning Commission and Parks & Recxeation Commission of January 7, 1975. Upon a voice vote, aI1 voting aye, the motion carried unanimously. � Mr. Drigans said he atould like to discuss if and how priorities were established in requesting funding for various projects with Mr. Boardman at their next workshop meeting. ` , � � Mr. Langenfeld said he thought the Citizen Bikeway Committee had done a good jab and had worked very hard. Mr. Clark said they had set a goal and have kept on schedule, which was an accomplishment in itself. RECEIVE PARKS & RECREATION COMMISSION SUBCOMMITTEE MINUTES: JANUARY 20, 1975 MOTION by B1air, seconded by Drigans, that the Planning Commission receive the minutes of the January 20, 1975 Parks & Recreation Commission meeting of January 20, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-QESIGN CONTROL SUQCOMMITi'EE MINUTES: JANUARY 23, 1975 , MOTIDN by Lindblad, seconded by Drigans, that the Planning Commission receive the minutes oF the Building Standards-Design Control Subcommittee meeting of January 23, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. � � Pianning Coinmission Meetinq - February 19,�1975 Page 2_ RECEIVE 60ARD OF APPE�LS SUBCOMMITTEE MINUTES: JANUARY 2�, 1975 5A MOTION by Drigans, seconded by B1air, th�t the Planning Commission receive the minutes of the Board of Appeals Subcommittee meetinq of January 28, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. 1. CONTINUED• PUQLIC HEARING• REQUEST FOR A SPECIAL USE PERMIT, SP #74-17, BY GEORGE tdAL UIST: To permit Lhe construction of a bu�ld�ng for rust proofing of automobiles, etc., per Fridley City Code, Section 205.131, (A,10), �n an M-1 zone (light industrial areas) to be located on Lot 5, of proposed p�at, P.S. #74-OB, Herwal Rice Creek Esta�es, the same being 1271 Rice Creek Road N. E. Public Hearing open. Mr. Clark said the petitioner has not responded as yet. The person who will operate this business is from out of state. Ne said this had been on the Planning Commission agenda for at leas� 60 days, so he would write to the petitioner and tell him to respond so that action can be taken on this request, one ��►ay or the other. Mr. Drigans said the Planning Comm�ss�on had requested specific informa- tion about this operation and felt that when they received this information they would stili have to deliberate on this informa�ion before a decision could be made. He said their original motion had been to continue this request indefinitely. Mr. Clark said that enough time has passed so that action should be taken. MOTION b� B2air, seconded by Lindblad, that the Public Hearing for the request for a Special Use Permit, SP #74-17, by George Walquist be continued until March 5, 1975 only to a11ow the administration time to contact the petitioner. Upon a voice vote, a11 voting aye, the motion carried unanimously. 2. CONTINUED: PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST, ZOR �74-05, BY RAO MANUFACTURING G0�1PANY: To rezone from C-2S, general shopping areas to M-1, (light industrial areas), Lots 3- 15, Lots 27 - 32, and parts of Lots 2 and 16, all in Block 9; vacated alleys in Block 9, and the East Nalf of vacated Main Street lying adjacent to Block 9, ail being in Lowell Rddition to Fridley Park, the same being 200 Mississippi Street N.E. Public Hearing closed. Mr. Rob�ert A. 01son, and Mr. Richard A. Olson of RAO Manufacturing Company were present. Vice Chairman Harris said that although the Public Nearing was closed, if the petitioners had any questions or comments they could do so. Mr. Clark said this request was continued until we could get a response from our City Attorney an whether this was an allowed use in M-1 zoning. Mr. Clark said he did write to the City Attorney and this letter was on page 35 in the agenda and the response from the City Attorney was on page 36 and 37. Ne said this response does go into some detail on the Code, but the basic response was that this wouid be a permitted use in a M-1 district. MOTION by Drigans, seconded by Blair, that the Planninc' Commission receive the l�tter from RAO hlanufacturing Company dated January 10, 1975, the memo from Darre2 Clark to Virgil Iterrick, City Attorney dated January 23, 1975, and the memo from the City Attorney dated January 30, 1975. Upon a voice vote, a11 vo ting aye, � '� Plannin Commission Meeting - February 19, 1975 Page 3 5 B the motion carried unanimously. I� � Mr. Drigans said he felt that the question on whether this business was an allowed use in M-1 zoning has been answered to his satisfaction by �he City Attorney. He said he didn't know ff the Planning Com�ission had discussed any I�, � oiher stipulations. . .._ � Mr. Clark said the stipulations had been pretty well covered by the Building Standards-Design Control and Board of Appeals Subcommittees. He said both these subcommittees had recommended approval subject to the rezoning being approved. Mr. Clark said the only stipulation that shouid be made was that this business me�t the noise transmission seciion of the City Code and the P.C.A. standards. Ne said he was sure the petitioner was aware of these standards: MOTION by Driqans, seconded by Lindblad, that the Planning Commission recommend to Council approval of the rezoning request, ZOA #74-05, by RAO Manufacturing Company, to rezone fxom C-2S (general shopping areas) to M-1 (light industrial areas), Lots 3 through 15, Lois 27 through 32, parts of Lo�s 2 and 16, aIl in Block 9; .acated alleys in Block 9; and the East Half of vacated Main Street lying adjacent to Block 9, a11 being in Lowe1Z Addition to FridZey Park, the same being 200 Mississippi Street N.E. with the stipulation that RAO Manuafacturing Company meet a11 the noise tranr-.' mission requirements of the Fridley City Code and the l�.P.C.A. standards. Upon a ro11 ca11 vote, Lindblad, BZair, Drigans, Harris a11 voting aye, no nays, the motion carried unanimousZy. Mr. Clark told the petitioner he would send them a copy of the City Attorney's memo. � 3. REQUEST FOR A LOT SPLIT, L.S. #75-Oi, DEAN HARMON: Split off the Easterly 8 feet of the North i/3 of Lat 4, except the�East 85 feet, except �he West 25 feet, and except the North 30 feet for public utilities and street, Auditor's I' � Subdivision No. 108, (Parcel 440) and add it to the East 85 feet of the North ' i/3 of Lot 4, Auditor's Subdivision No. 108, (Parcel 450), the same being 1600 �■ and 1618 Onondaga Street N.E. Mr. & Mrs. Dean Harmon, 1618 Onondaga Street N.E. and Mr. & Mrs. Charles , Brisbin, who are purchasing 1618 Onondaga Street N.E., were present. Mr. Clark said that Mr. Harmon owns both parcels. When the attached garage was built at 1618 Onondaga Street an error was made and this garage infringes on the next parcel by 3 feet. This parcel is 85 feet and with the additional 8 feet the lot will be 93 feet wide. Then the garage will meet the sideyard requirement � of 5 foot. The remaining parcel will be 8Q feet wide and this wi11 meet the front yard and area requirements of the code. This loi split was an obvious thing that should be done, to place the garage on the proper lot. The administration wou�d like one stipulation and that was to obtain a fifteen foot triangle on the Northwest corner of parcel 440 (i600 Onondaga Street N.E.} for future radius on a street that will pro�ably go in sonietime on the Western boundary. Mr. Narris said that request had not been before the Plats & Subdivisions- � Streets & Utilities SubcanAnittee. Mr. Clark said that at the time this request was made, the petitioner had a loan closing that would have prohibited the're�being time to schedule this meeting. Because of the cancellation of the February 5th � Planning Commission Meeting, there wouid have been time, but as this was a fairly simple split, he felt that it would not be necessary to have this go to the Sub- � Planninc�Commissian Meetin� - Februar r�19, 1975 + Cbmrn i t tee . _ Pa�e 4 5 � Mr. Harmon said he was selling his property at 161II Onondaga Street N.E. and just bought the adjoining parcel so he could split off the 8 feet. Mr. Harris asked if the street on the Western boundary was improved. Mr. C1ark said it wasn't. It was part of a future street that fits in with a street pattern that would exit out to Lakeside. At the time this street would be put in, the other half of the street would be taken from Lot 32. Mr. G1ark said that at the time the house and garage were built at 1618 Onondaga Street, the Ci�y �tid not require a verification survey and this was how the garage was incorrectly located in the first place. According to the application for the building permit, this garage was to be located 5 feet from the present 1ot line. Mr. Harmon said he was agreeable to the dedication of the 15 foot triangle on the Northwest corner of what will be 1600 Onondaga Street N.E. MOTIDN by Blair, seconded by Drigans, that the Planning Commzssion recommend to Council approval of the request for a.iot sp1i�, L.5. #75-DI, b� Dean Harmon, to split off the Easterly 8 feet of the North 1/3 of Lot 4, except the East 85 feet, except the West 25 feet, and except the North 30 feet for public utilit.ies and street, Auditor's Subdivision No. 108, (Parcel 440) and add it to the East 85 feet of the North 1/3 of Lot 4, Auditor`s Subdivision Na. 108, (Parcel 450), the same be.ing Z600 and 1628 Onondaga Street N.E., subject to a 15 foot triangle being dedicated on the Northwest corner of Parcel 440 (1600 Onondaga 5treet N.E.) for future radius on the street easement. Upon a voice vate, a11 vot.ing aye, the motion carried nnanimously. ADJOURf�MENT : MOT20N by BZair, seconded by Lindblad, that �he meeting be adjourned. Upon a v�ice vote, aI1 voting aye, Vice Chairman Harris declared the Planning Commission meet.znq of February 19, 1975 adjorned at 9:20 P.M. ti � Respectfully submitted, ��� ������� �ix�� � Dorothy Ev on, Secretary � � � � �, . �.. �' � �r`;, J �Z C� f y,�, :�-' . . �- S.��rveyo�^s �'���i����t� _� �� �.�4� � �. �� C0;�ISTUC.0 & DAVIS, TNG Co��sultin� �:nbineers and I.ancl Surveyors 1446 Cou»ty Road J, Mpls., l�iuiz�. SS432, 784-9346 LOT SURUEY �OR: DEAN F!ARMON PAR.1' 0� LOT 4, 161II 4PdONUP,GA 57'. , N. �. AUDITORS SU3UIVISION N0. 108 �'RIpLEY, MINNESOTA Ar10KA .COUNTY, r�zr�r�. � o ' M ' -- - /99. �9 - - �" r -- 93.4D-- ��_ '•--� � ONONDh' GA , , o � . � � � � � � � �..)�!.. n �` O e `� � � � Qi j , _ -- 93.00-_ �' I , i � • ia �I . �..��5;65 i �¢B. ¢ � . M � ry � 2� ``� i� `� ; � z4. 6 � � `l � � s.zs O 0 � N � _\ `•• Norl��i /ne l�va! S u/• No. ! oB ,,�� y �� S T, �` � t � �- - - __ , i � e � � `a � � l � i r ,` O O , � O Q � 5D� � F , i i � � � v ' � � � � � � � o � � : � � . � . ; \ .. � y � � H . � . �,` W . � � . . � � '. . � �� , i � . � �► . v �, ,. . --- --93.00 -- - . i�9 08 � � � � � /98.f1.5' �. : Sov�ii /ne oiJ,�o�4, yv� S�� No. /08 � r I.EG.4L tiESCRIpTiON: T1te East 93 �eet of thE North 1/3 af Lot 4, Auditor's Subdivision � No. 108, Ar�oka County, M9nnesota. Subject to an easement to i:he City of Fridley _ over the North 30 feet and subject to other easements of record, if any. 0 SCAL�: /'' = SD' p p�eno�es iro� monumen� �'ouno� p deno�es ii-o� mo�umenf sef I hereby ccrtify that this.survey, pl�n or report was prepared Uy me ar under my direet supervision and that I am a ciuly Reoistered Land Surveyor under the laws of the State of Mirtnesota. � ��.�-��2� /D83.2 /� 9�7� 3� 7.4- Reg. No. D��te Job No. 1 ,.. � ' � � � r M�MORANDUM To: Darrel Clark, Commiinity Development Admi.nistrator From: Virgil C. Herrick, City Attorney Re: ri-1 Code Interpretation for RAO Manufacturing Company Date: January 30, 1975 T acknowledge receipt of your memo dated January 23, 1975, regardi.ng the above subject. Attached to said merno was a letter from Richard A. Olsen, Vice President of RAO rianufacturing Company, and copies of council mintites of January 18, 1971. . In the memo you ask my opinion as ro whether the proposed use of the subject property by RA0 Manufacturing Company would be pennitted under � the City of Fridley Zoning Code pertaining to M-1 districts. You indica,ted in your memo that 12A0 would do "metal stamping". � ' FridZey City Code Section 205.132 lists those uses that are exc7.uded in an M-1 district. One of the excluded uses is"foundries or metaZ fabrication plants". The coc�e does not specifically refer to "metal stamping". I presume that metal stamping could be a type of ine�a2 fabrication; however, it would be my opinion that all forn�s of inetal stamping are not to be excluded�from M-1 districts. I know that cae presently have industries located on M-1 properGy that do engage in n►etal stamping. ' It wou�d be my opinion that the governing section an this type of use �aould be 205.133, entitled General Performance Standards. This section reads in part as follows: "Uses which because of the nature of their opera- tion are accompanied by excessive noise, dust, dirt, smoke, noxious gases, odor, vibration, glare, heat or explosives shall not be permitted. These residual features shall be considered as excessive in the following cases:" (The section then goes on to set acceptable standards for the above matters.) This section also states that the city council may require the owner or operator to make investigations and tests to show adherence to the perform- ance standards. T believe that the applicant should be made aware of the performance standards and that he should consult �aith the city administration to make certain that the proposed use will meet these standards. The adminis- trative staff in reviewing the nlans should pay particular attention to the amoiint of noise or vibration that would be expected from this operation. Plans should then be devised so as to keep these items within the limits permitted. I note in the minutes of the council meeting of January 18, 1971 that tlie applicant inquired of the city prior to buying tlie subject property as to tvhether his operatian would be permitted. Representatives of the company disctissed their business operation with the city council and they were advised 5E � -z- that said operation would be permitted on the subject property. I am certain that the applicant relied on this assurance in purchasing the property. I believe that the city should take the same position �aith the applicartt at this time that it took at the time oi the original inquiry; i.e. that is.that the use is permitted subject to the city's performance standards. VCH/ j lh � � 5F 0 ENV IRONMEN TAL QUALITY C OMMIS S ION Ja�uary 21, 1975 MGMBERS PRESENT: Jim Langenfeld, Tom Sullivan, Russell Houck, LeRoy Oquist, � LeeAnn Sporre, and Bob Erickson MLMBERS Al3SENT: Mary Martin Chairman Langenfeld opened the meeting at 7:40 p.m. Mr. Langenfeld read comnunications received from.i4ary Martin in r�gards to her absence. MOTION BY LEEANN SPORRE TO AMEND THE MOTION UNDER THE DISCUSSION OF ARMORY OF THE DECEMBER 17 MINUTES T� READ, "CITY COUNCIL SHOULD P.EQUIRE AN ENVIRONMENTAL ASSESSMENT OF THE CI�Y IF THEY ARE TO TAKE THE AREA BEHIND COLtMBIA ARENA," Seconded by Russell Houck. Upon a voice vote, the motion carried unanimously, � MOTI'��N BY LEEANN SPORRE TO ADOPT THE DECEMBER 17, 1974 MINUTES. Seconded by Russell Houck. Upon a voice vote, the motion carried. � DISCUSSION ON BUDG:�T Mr. Langenfeld gave an explanation of the budget which was requested at t[�e last m�eting. He state3 that the balance af the 1974 budget could �ot be carried over into 1975 because of auditing procedures, the books ara close3 � at the end of the year. He indicatad the budget included printing costs, secretary's salary, and other expznses. ' � ' � , � ENVIRONMENTAL POLICY ORDINANCE Mr. Langenfeld said the discussion had beer� brought up at the last m��eting to possibly begin setting up an ordinance with the help of t2chnical and qualified assistance. I,eeAnn Sporr� said she had been working with the State Planning Agency. There had been a consultant study done (Haycaorth & Anders�n) for t[�e �Iinnesota Environmental Quality CounciZ, and one of the proposals was the sugg�s4ion of decentralization of environmental impact systems. LeeAnn said she proposed to them possibly using Fridley as the mod��1 pilot project, and providing �zs with the technica2 assistance for environmental planning. She said they had never k�ad this type of a request before where there is direction along with development. She said Jerry Boardman was to attend the meeting on Monday but she had not hear3 of the o�tcome of that me�ting, Mr. Langenfeld said he had spoken with Jerry Boardman who had attended, but they never got around to the topic, which would be considered at a later dste. Mrs. Sporre said she w��uld like to see the FEQC begin working with the State Planning Agency. MOTION BY LEEANN SPORRE THAT THE FEQC RECOMMEND TO CITY COUNCIL THAT THEY BEGIN NEGOTI'ATIONS WITH T�IG STATE PLANNIIVG AGENGY TO SEEK '1�CIINICA.L SSIS CE . � DRAFTING Or AN EriVIRONML'NTAL POLICY PLAN FOR THE CITY SO T T MOD�L ORD C CA,N BE AbOPT�D, econ e y om u . , _ arried unanimous y. ��� PaRe 2 � � II , FEQC & CITY ADMINISTRATION Mr. Langenfeld said Dick �obiech, Public Works Director, had work on any projects involving the environment. This would II�, � from Mr. Sobiech, and reconunendations from the Co�unission. been designated to include referrals Mr. Langenfeld raferred to the Storm Sewer Proposal. Through the request of the City Council, the F�QC will receive the preliminary plans aE this proposal which is located south of Mississippi, east of Highwaq 65, and north o.f 61st, prior to going to Council. The cocnmission will receive aZl infor:nation, maps, and anythzng that affects the environment after completion of studies in the future. Le2Ann Sp�rre felt som�one frflm the Engineering Department should be at this meeting before the meeting where it is to be considered, so the co:ncnission knows beforehand what is going on. At the last mLeting the m��tion had been mada by Le�eAnn Sporre to recoRnn�nd to the Parks Co�unission to reviss the Co�nprehensive Parks Plan to include the North Park Nature Center and incorporate it into the use of their ptan. Mr. Langenfeld said he checked on this matter and Council d�finitely fzels this should be a part of the plan, It raould be put as part of an appendix or a�dition to the Parks Co�.�prehensive P1an, but :othing will be finalized until February. Mr, Lange:zfeld s�ated it was importa�nt to be cautious and not let the environment be the main concern and foxce business prospects out of the City, he felt progress, industry, and environm,�nt can and should work together. Mr. Langenfeld asked members Lo read zoning in the Co3e Boflk, 205.02 to 205.071, !' "district regulaCions." He asked if they w�uld bring any co:n:nents on thess ordinances at the next meeting, along with r�co�tmendations as to how each , commission mLmber thought i� w�uld affect the environmant. ' , ' GENERAL DISCUSSION I,ee..9.nn Sp�rre brought up the parking lot propo�al. She suggested intereste3 members attend the Planning Coaunission meeting in reviewing the project on Wednesd�.�, January 22. This was not on the Planning Com�nission agenda, The discussion of the Armory woald be postponed until the next m��ting, (Copies o€ information regarding the Armory will be s�nt to sach m��mber). Mr. Langenfeld said the next mveting's agenda will include discussion of parking proposal, cods book, and a brief discussion of the FEQC model proposal for environcnAntal ordinances. Mr. Langenfeld said he w�uld ask a staff inember from the Engine�ring Department to attend the next m�eting. ' ADJOURNMENT MOTION by Bob Erickson to adjo!.�rn the m�eting. Seconded by LeRoy Oquist. Upon a voice vote, the :notion carried and the meeting adjourned at 8:55 p.m. Respectfully submitted, /� � . /�I1, � , � , � 7 CITIZEN BIKEWAY COMMITTEE January 29, 1975 MEMBERS PRESENT: Jerry 8oardman, Bill Gerads, Vern Moen, Dennis Schneider, Jan Thomas, Bobbi S�aeth, Mrs. Gardiner, and Bette Papke � MEMBERS ABSENT: Mrs. 4'erner Johnson and Lee Houck ' ' ' �� �l Chairman Vern Moen opened the meeting at 7:35 p.m. Jerry Boardman said he had set up a tentative agenda consisting of: 1) firm up routes 2) establish aeternate routes 3) review and recammend ordinance rev�sians and 4) collateral facilities. Mr. Moen said he thought the committee had previously firmed up all the routes. Mr. Boardman said two things had been definitely decided upon at the last meeting. The committee felt a crossing at 67st and the railroad tracks was needed and the no-parking on the bike lanes system on Osho���e, Uld Central, and Mississippi were decided upon with a seasonal or hourly han on other 6ike l�nes. P�1r. 8oardman stated he would l�ke to get a confirmat3on of the proposed bike route. The question had come up whether the committEe wanted the number one route going up Main Street or pushed up the railroad tracks. Mr. Boardman gave an explanation of the �ros and cons of the s�tuation. By running it up Main Street, it would be alot cheaper and quicker. It also is an industr9al area and there will probably be quite a bit of truck traffic. It is a separate bike path, therefore going up the railroad tracks there would be no conflict in traft;c and it would be on the Metropolitan system so there is a possibi7ity of gett�ng maybe as much as 70% funding for the trail. This would be a direct access. Jerry Boardman said by pushing it up there, they may have to condemn some property especially alang Hayes junkyard. He said if the trail system were to be ap�roved, there wi]1 have to be some type of a landscaping program with the system. MOTION BY BILL GERADS TO PROPOSE TO LEAVE IT AS IT IS SCHEDUL�D INTO STAGE 4 AND RECONSIDER IT A7 A LATER DATE. Seconded by Dennis Schneider. Upon a voice vote, the motion carried unanimousiy. Mr. Boardman said he had received a letter from Burlington Northern replying ' that they would not consider any railroad crossing. Any further discussion would have to be made through the Public Safety Commission. ' ' , '� � �ir. Boardman said another area where there possibly could be a conflict would be underneath the vi�.duct. He said they may be able to do the same type of thing where a culvert is laid out or protected bridge covering through rai7road property without ha�ing to go through the Public Safety Commission. Mr. Boardman presented the alternatives, a crossing under the viaduct or bring route number 2 down on the other side of Locke Lake and bring it over to East River Road and have a trail from East River Road connecting to Miss�ssippi Street. PAGE 2 MOTION BY JAN THOMAS THAT BIKE ROUTE NUMBER 2 WILL INSTEAD OF CONTINUING ON RAILROAD PROPERTY ON WEST SIDE OF PROPERTY, WILL FOLLOW HICKORY DRIVE 70 HICKORY S7REET FROM LOCKE LAKE ROAD TO MISSISSIPPI ON EAST RIVER ROAD AS A gIKE PATH. Seconded by Dennis Schneider. Upon a voice vote, the motion carried unanimously. Further discussion was held on the route system. ��10TION BY DENNIS SCHNEIDER TO iERMINATE TNE BIKE RQU7E 19 AT 6. (east side of railroad tracks) Seconded by Jan Thomas. Upon a voice vote, the motion carried unanimously. MOTION BY BILL GERADS TO RECOMMEND ON THE 83RD AND RAILROAD CROSSING �NA7 IT GO AS AN ON-GRADE CROSSING SUCH AS ON OSBQRNE. Seconded by Denn7s Schneider. Upon a voice vote, the motion carried unanimausly. The following decisions were agreeable to the committee on arkin bans: No parking on Mississippi Street from Fast River Road up the City �imits of Frid7ey. Parking will be banned on bath sides of the stree�s at all hours. Osborne - star�ing at East River Road and all the way across Osborne and up to Central Avenue with an on-grade crossing up to Highway 65 and Old Central and from Old Central to Rice Creek Road and Rice Creek Road west. � Mrs. Thomas felt the twenty-four hour ban should go through the commerc�al property and the hourly ban should go as soon as they come to the residential area on Rice Creek Road and West Moore Lake Drive. , Vern Moen recommended banning parking at all times all the way down Old Central on Rice Creek Road over to Highway 65 �o residential, allow parking by hourly basis on that portion of residential up to school property and then ban parking ' up to 7th Street. There will be no p��king at the school or at the Commons Park, but hourly parking will be allowed on residential all the way down Main Street. ' ,r-, �i � � _! ' �A Dennis Schneider suggested accepting P'�ase 1 as discussed. MOTION BY DENNIS SCHNEIDER TO BAN OSBORNE, MTSSISSIPpI, OLD CENTRRL, �TCE CREEK ROAD 70 HIGNWAY 65, WEST MOORE LAKE DRIVE TO RESIDEN7IAL, THAT PORTION OF 61ST COMMONS PARK AND SCHQOL PROPERTY. Seconded by Jan Thomas. Upon a voice vote, Papke dissenting, the motion was carried. MOTION BY BETTE PAPKE TO AMEND THE MOTION TO TNCLUDE THE RESIDENTIAL PART OF WEST MOORE !�AKE DRIVE AS A TOTAL OR SEASONAL BAN ONLY ON ONE SIDE OF THE S7REET. Seconded by Dennis Schneider for discussion. Upon a voice vote, Papke voting aye, remaining committee members voting nay, the motion was overuled: Mr. Boardman indicated this was a bad curve and there will probably be quite a bit of bike traffic anticipated in the iuture in that area. � THE ORIGINAL MOTION WAS VOTED UPON AGAIN. Upon a voice vote, Papke dissenting, the motion was carried. PHASE i WAS APPROVED BY THE COMMITTEE MEMBERS. ADJOURNMENT P ase 2 wi`�'I be discussed at the next meeting. Mr. Boardman said he would like the committee's approval to submit an articie in the Sun publishing the route map as modified by the committee tonite. At the next meet�ng the committee will discu�s the legal considerations involved. MOTION by Jan Thomas to adjourn the meeting at 9:38 p.m. The next meeting will be Wednesday, February 5. Respectfully submitted, � • � - � � � , CITIZEN BIKEWAY COMMITT�E February S, 1975 MEMBERS PRESENT: BiZl Gerads, Vern Moen, Sgt. Wilkinson, Dennis Schneider� ' Donna Gardiner, Bette Papke, Jerry Boardman, Rita Johnson, and Jan Thomas , MEMBERS ABS�NT: Bobbi Spaeth and Lee Aouck Vern Moen opened the meeting at 7:43 p.m. 0 s ' Mr. Boardman distributed the ordinance changes from Sgt. Wilkinson. Sgt. Wilkinson explained that these changes included existing ordinances plus input from the Denver system. Iie indicated this was a draft with some ideas that could possibly , be applied to the system. He referred to the �ection on lights, and said thore was a new law that was put in effect as of January 1, 1975, which iaould cover this ordinance. 63.cycle licenses were discussed by the m�mbers. Mr. Moen said ' either a bike Iicense should be mandatory and the law �nforced, or ban the law entirely. Sgt. Wilkinson emphasized that licensing was a means of insuring the owner against theft. Sgt. Wilkinson brought up the idea of having som� kind of a bike court to handle bicycle violations which would be more educational than ! punitive. , The committee discussed whether mirrors and horns should be mandatoryo Some of ' the members felt mirrors could be a hazard especially with small chiZdrzn. Mr. Boardman said the committe� could msrely rzcommand mirrors as a safety consideration, such as someone who travels distances by bike. Dennis Schneider asked"about bike � . riders with two or three people on one bike. Mr. Boardman said they could outline it as the Denver plan did, with one rider per seat. Mr. Moen said there w�re � threa distinct �lasses of bicycle riders: Z) Zittle children 2) teen-agers ,, 3) young people and elderly people. The comznittes also reconunended against the bell. ' �� ' The committee members were agreeable on the route of Mississippi nortE� along East River Road up to Lo�ke Lake Road and then up Hickory Drive all the way back to East River Road, the idea being that it would be a bike with street cnarking on 71st Way a11 the way down to Riverview Terrace around Logan Parkway and G�.en Creek Road back to East River Road, then north to Osb orne, Mr. Moen said one of his ideas was to run a bike path way on the west side of East River Road in front of the school from 71st Way and up to Osbo�ne and not go back into the residential area; he �elt this would probably be the most logical way. Mr. Board�►an said one oP the reasons they did not do it this way was to try to get the bike traffic away from �ast River Road as much as possible. If an off-street path could be avoided on East River Road and get it into the residentiaZ area, he felt they would be better oPf. Mr. Boar3man said this is included in the sidewalk proposal, and the City may have to try to get that in there when the County expands their road in that area. The committee decided to discuss each Phase 2 and then hold for approval. Jerry Boardman stated at the last meeting the committee had 3iscussed Phase 1 as a pilot project, staging that is recommended is not to be set up on a yearly staging but on staging as to when funds are availuble to develop the system. Stage 2 was discussed. Mr. Moen referred to Mississippi Street up to Osborne. He said there � 2 . � was a disputed area around Riverwood School, the road going back to East River Road ', and then up to North Park. Mr. Board;nan said one thing they will have to consider is how do you serve the community best as an access to the bike route. Mr. Board:nan said one problem with that was that they cannot get across on the tracks and the , traeks have been put into Stage +. Mr. Board:nan said the pathway from Osborr�e up to Ruth Circle Park would cost $350. Mr. Moen said this would be logical to include that into Stage 2 because of the low cost. ■ bonna Gardiner asked if the system had been set up to coordinate the schools? , Mr. Boardman said it had, and they were eventually planning to conn�ect to Coon Itapids, New Brighton, and Mounds View, with anticipations of joining the Minneapolis ' system a1so, which is a vast system. A�ot of the system is on the border of the City where they could easily connect to other systems. � The intersection at Ironton and East River Road �was discussed. There is no stop light at this intersection, the.next light is at 85th. Mr. Boardman s.�id the general rule is a signalize3 intersection every half mile, and pr�ferably every � mile. Mr. Board�nan said the cr�ssing would be at Ironton without a light. Possibly a push button type light could be rec�mnend�d. Mr. Boardman said it would depend on what Anoka Countq would say d�pending o:� blocking traffic. Jan ,, Thomas recommended a push button type signalization at this intersection. This is to be included in Stage 2. Coon Rapids may decide to extand a path on Mississippi. ' Mr. Mo�n referr2d to the map, down Benjamin and across Harris Lake Estates to ' Anoka Street. Mr, Boardman s.�.id this had been set up as a bike lane. Jan Thomas said it was her understanding that they eliminated this section when they decide3 not to cross the craEk because of costs. Mr. Moen said they could eliminate ' Arthur Street above Mississippi and run it south down to Rice Creek Road, Mr. Boardman asked whether they wanted a trail on Anoka Street or a 1ane. Mrs. Thoma.s said they previously had d�cided against this because they would have a ��ike lane on Old Central and get the childrzn to s�hbol safely. Mr. Board�na.n said if they ' eliminate this system, they may want to have a connector point at Old Central and Rice LreEk Road. � It was decided to eliminate Anoka Strzet and the place through Squire Drive. The committee decide3 to prflpose to leave in Stage 2- Rice Creek Road from �ld Central to Benjamin to Gardena to Arthur and down Axthur Stre�t as a lane to East � Danube over to Matterhorn to Trollhaugen to St. Moritz. (These would all be bike routes fram the point of the City Park off of Arthur Street). Mr. Schneider said in referring to the map, they w�are dropping part of r�ute 10 or T-J and K. Vern Moen referred to the area behind the corner of 53.rd and 7th Street that goes �irectly west on 53rd. Mr. Boardman said they would have to cross at the ligh�, it was proposed to have a biice lane to University and on the o.*_her side of University have a bike route. Mr. Moen questi.oned how important this light was? Mr. Boardman s.aid it was important to the neighuorhood in that area. Mr. Moen said they could cross University at 53rd down to 3rd Stre�t down to 75th StreEt up to Main Stre�t. Jan Thomas said the area by Spring Lake has a park which children travel to from �i ' Osborne. She recommended this be included in Phase 1. Mr. Boardman said if they could get the County to participate in the cost of the lane, it would be safer. Mr. Moen said he thought it should def�.nitely be in Stage 2 and possibly in Stage l. The cost would be approximately $800. The comcnittea decided to include this in Phass l. II ' � �I 3 . . Jerry Boardman said there �aas one other section in Phase 2 at Rice Creek down to the junior high crossing at 7th Stre�t. Mr. Gerads said this w.as duplicating Stage 1. Mr. Board�nan said it was originallq sat up to provide a.loop system within a heavily populated area, a connecting poi.nt to the s�nior and junior high schools. The cost of this bike route is $525, from Jactcson to 7th -$245; the actual cost being $65Q -$750. The Committee decided to d�lete route 17, Mr. Boardman asked if it had been generally d��cided by the cominittee that anq bike lane other than the ones that the co:nmittes is comnletely restricting parking will be designated as a limited parking on an hourly or s2asonal ban on all bike lanes. If there is alot of opposition on this at the p:xblic hearing, a proposal could be to limiting on one side and allowing it on the othex side. Mrs. Papke referred to the survey, and said people w•are not conczrrzec3 with p3rked car doors, they did not feel it was a major danger. Mr, Board:nan s.aid they were flexible. He felt one thing they cou2d try to bring out was the safety aspect of it. Mr. Boardman asked if they were going to look at each route beforehand or wait until the public hearing and find out if there is a more taorkable system. The coRUnitte felt they should hear from the oublic by making certain recomnendations to take a look at the traffi.c cour.ts, if traffic �ounts .3re high banning parking ma.y be necessary on a timetable; but if there is a low traffic count with r�sidential, banning on one side could be allowed with parking on the other. Further discussion took place on banning parking. Mrs. Thomas questione3 whether parking had to be banned at all north of Mississippi? Mr. Moen s3id it may be a�ood idea to look at these areas individually. Mr. Boardman said 7th Street wi11 be the pilo� r�ute and there will be alot of bikp traffic, along with Mississip�i as a�najor traffic count. Mississippi will be banned on both sides. Jerry Board;nan said they could s�t up seasonal bans on Stage 1 and the rest of the stages are open in order to detexmine how it worics, subject to l.i.mitad parking and depending upon experienczs in Phase I. A11 m�mbers agreed. � , MOTION BY DENNIS SCHNEIDER TO APPROVE STAG� 2 AS DISCUSSED TONITE. Seconded by Bette Pa�ke. Upon a voice vote, the mo*ion carried unanimously. ' ' ADJOURNM�NT Jan Thomas made a motion to adjourn the meating. The meeting was adjourned at 10;12 p.m. The next meeting wil.I be held on February 12. Respectfully submitted, ' ...+.�',nn �:i�' � , �� .L/ '�"`'� � ^��h-= Recording Se�retary J ' , ' ' , � u ' , � CITIZEN BIKEWAY COMMITTEE February 12, 1975 MEMBERS PRESENT: Jerry Boardman, Jan Thomas, Donna Gardiner, Rita Johnson, Dennis Schneider, Bobbi Spaeth, and Bette Papke MEMQERS ABSENT: Vern Moen, Bill Gerads, and Lee Houck , OTHERS PRESENT: Gary Lanzmeier ' ' � � ' ' ' ' � � � Dennis Schneider opened the meeting at 7:50 p.m. Bette Papke said she would like to make a clarificat-ion of the last meeting's minutes, indicating that there would be no parking on one side of the streets north of Mississippi. Uennis Schneider referred to Stage 2 and said he had heard from residents in the ironton route area that were concerr�ed about the railroad crossing at the railroad tracks and the path at 83rd wh?c�j does not exist, with possibly a road going thru near North Park. :�ir. Boardman said he personal7y was again�t a road in that location. STAGE 3 The committee discussed the Moore Lake neighborhood and Mr. Boardman asked for Mrs. Papke's ideas on ihis area since it was her neighborhood. He asked what she -Felt about this route and parking? � Bette Papke stated that in all f,irness because of what was decided at the last meeting on 7th Street, she felt the same situai:ion could take place at West Moore Lake Drive and allow parking on one side of the street and prohibit parking on one side of the street with striping. She felt they could see how it works with banning. Mr. �oardman said one of the goals was to }�rumote the system to be flexible. Mrs. Papke commented that there would be happser reiations if parking was allowed on one side of the street around Moore Lake. The committee discussed East Moore Lake Drive and said there was a question on Gardena, there had been a problem as �ar as residents were concerned, 96% petitioned against the side walks. Mr. Boardman felt in this area they should put a seasonal ban on Gardena up to Arthur since it is highTy traveied, �he amount o-f traff�c warrants it. He sa�d there were �everal things to consider, the bikeway will be in operation when the school is in operation, he said the committees may want to restrict parking on that portion of the summer on both sides of the street when schooi starts such as early September, being that this �s the main connection to the beach area. The committee agreed on limited parking on Gardena. (seasonal and hourly.) Jerry Boardman asked if there were any complications with the link by the junior high school? The committee decided that there were no objections to this connection. ThE committee discussed the school crossing at the Robert Louis Stevenson's school at route 9 and 14. The committee had decided that this was needed. � Dennis Schneider brought up parking in the area on Main Street. Mr. Qoardman in�icated that there were many apartments with off-street parking in this area 1 � Page 2 9 A thought it best if th��y 1lmited banning parking on the portion of the street by Main Street between 61st and across the bridge. Mrs. Johnson said she could not imagine a total ban in this area. Bobbi Spaeth commented that there was not that much traffic in that area. 1'he committee decided upon an hourly or seasonal ban on Main Street. The members discussed Locke Lake, and Jerry Boardman indicated they had eliminated that portion of route 6 that crosses over to the trestle. The committee all agreed on Plaza Park east to Universi�y going south aiong University underneath the culvert with one arm going south on Mississippi crossing over to Highway �7 at Rice Creek an� back thru Woodcrest �nd into Locke Lake. Mr. Boardman stated that the section to University ;nto Madison was approxiriately $16,785 and the portion by Sears property to Rice Creek was $28,565. MOTION BY BETTE PAPKE TO ACCE�T STAGE 3 AS DISCUSSED. Seconded by Jan Thomas. Upon a voice vote, all v�ting aye, the motion carried unanimously. STAGE 4 Dennis Schneider asked if Main Street ��as going to be there on the east side? Mr. Boardman replied that it was, there was no questi�n abou� it. The cammittee dec�ided on a total ban on Main Street because it is industrial. Bette Papke said she tl�ought they should get off Main Street. aette Papke felt they should have Ilayes junkyard cleaned up and path it along the railroad tracks. She +elt they should move west to the railroad tracks and keep off Main Street because of alot o� truck traffic in the future. Mr. Boardman said that the portion of a path along the railroad tracks �ras a proposal that the Metro Council Parks and Recreation O�er, Space Report had proposed a bikeway should be, so funding may be available. Mr. 6oardman said they would have to gain easements near the railroad tracks, the City presently has utility easements but bikeway easements would have to be granted aisa. Dennis Schneider ssked if they could come in with Plan A and an alternate rout e being the one around the tracks, he was conce�f�ed about development in that area. Mr. Boardman said they should present just one solution , if when Stage 4 develops alternatives could be presented. Mr. 8oardman feit it was a better way to go a1o��g the railroad traeks. Dennis Schneider recammended effectively deleting raute 1 and mov9ng it from Osborne up to route 2 along the railroad tracks with 83rd as a path. Mr. Boardman said it was a good location to extend up to 85th. He recommended sending it on up to 132 so there is a crossing. The committee discussed the route near North Park. Jerry Boardman said there could be another problem with the beaver dam. Jan Thomas felt they should go for the south entrance near North Park. 6ette Papke aT�o felt they should stay at the sound end. Mr. Schneider recommended running it along the tracks to 83rd and south side of park going east, going up Main Street (wh�ch does not exist now but will). Jerry Boardman commented that it could be a joint parking facility with the YMCA. The committee discussed Locke Lake and the Rice Creek trail. Jerry Boardman s�ggested taking that portion of the Rice Creek trail and putting that into Stage 5, Rice Creek from Old Central East to Anoka Street. MOTION BY JAN THOMAS THAT ALL THE RICE CREEK TRAILS SHOULD BE IN THE SAME STAGES. Seconded by Donna Gardiner. Upon a voice vote, all voting aye, the motion carried unanimous7y. MOTION BY BOBBI SPAETH TO ACCEPT STAGE 4. Seconded by Bette Papke. Upon a voice vote, all voting aye, the motion carried unanimousiy. Parking on Main Street would have to be banned by North Park. (totai ban). , ' ' � ' � � , L� Page 3 9B STAGE 5 Jerry Boardman stated that Stage 5 would include the Mississippi River route. Stage 5 would be developed after the other stages had been developed. Stage 5 would be the scenic route. MOTION BY JAN THOMAS TO ACCEPT S1'AGE 5 AS IS. Seconded by Bette Papke. Upon a vaice vote, all voting aye, the motion carried unanimously. SIDEWALKS Jan Thomas brought up the area near Osborne at Highway 65 east to the City limits. She felt they should have a sidewalk in that area. Jerry Boardman said that the residents living on County roads will be assessed for sidev�alks. Everyone along Osborne will be assessed for sidewalks. �ennis Schneider said this would include 24 houses on Osb�rne. ��1r. Boardman said this had been discussed before and the suggestion was made to look into other possibilities of funding along County roads other than what is already set up. Mr. i3oardman said the committee could request a policy change to City Council. Jerry Boardman suggested the school property have a pathway and eliminate sidewalks on Osborne by Woodcrest School to Able Street, and that portion west of 5th Street on the south side of Osborne to 47 all the way to East River Road. This was all agreeable to the committeeo Dennis Schneider asked if they would be going on the north side of right of way? Mr. Boardman said yes. The corr�n9ttee discussed the siCewalk on East River Road, crossing at Osborne and �� East River Road and coming down to a push button light at �he school. f�1r. 8oardman indicated that East Ri�✓er Road ��as all county road and this would bring in the assessment problem. ihe committee ��lt a sidewa�lk was needed, that portion of Mississippi wiil go in with the street improvements. The area south of Mississippi I� , on 61st that was to be a bikepath was eliminated. That is ��there the culvert will , be put in. ' I] � � ' � The committee discussed 5th and 7th Streets, coming down on 5th Street on the east side. The l��brary is being built in the corner of 5th and Mississippi. Mr. 8oardman said when that property the City has an agreement with the Wall Corporation that they will be putting in the sidewalk on that portion of the property. The port9on that will be an cost wi11 be that portion south of 63rd on the Commons park area, �here w�71 be a sidewalk on the Commons Park side. Bette Papke questioned whether they needed siciewalks all the way to 53rd. ��1r. Boardman said they did, he fe�t 7th Streei is a highly traveled school rou�e both to the Fridley and Columbia Heig}��ts schools. East Moore Lake was discussed and Bette Papke felt the people would petition against this area as they had done previously if sidewalks were put in. Mrs. Spaeth commented that there was a chance residents wauld petition against any oi' the proposed siuewalks. Mr. Boardman said the standar� width of a siuewalk was 5 fee�. Mr. 6oardman said they could not put sidewalks up to the r�oad beca�tse of the removal of trees, fire hydrants, etc. Jerry Qoardman stated that this was in the natural history areas, and there were aandunes and marsh areas by Moore Lake. Possibly they could have school walking trails in the future. He felt it was up to the committee to decide whether sidewalks were needed or not in this area. Bette Papke felt they should take it out. It was agreed to reriove that section of sidewalks from the proposal. Dennis Schneider suggested a sidewalk north of Moore Lake, west of Central to Hwy 65 (both sides of Rice Creek Road). They proposed a sidewalk by Gardena school on north side, then east side of Arthur, toward the Nature Center area. Page 4 9C Jan Thomas recommended a sidewalk on Old Central from Mississippi to Rice Creek by Sandees. The committee agreed to this. Mr. �oardman went over �he tutal costs of sidea�alks including County and those that would be paid by the development - approximately $97,900 (,approximately $50,OOJ will be assessm�nts). Approximately $22,000 would be paid by the deveiopers, approximately $25,000 will come directly from the City or SMSA. MOTION BY JAN THOMAS TO Donna Gardiner. Upon a Papke's abs�ention, the ACCEPT TNE SIDEWALK PROPOSAL AS MODIFIED. Seconded by voice vote, all Joting aye, with the exception of Bette motion was carried. LAW CHA�GES Gary Lanzmeier presented the committee with the proposal for law changes according to the Bikeway's suggestions at the last meeting. �lr. Boardman asked if a11 the committee members would read over the changes and comment on them. i�1r. Boardman said he personally agreed with a user fee to help back up the maintenance on the bike system. ADJOURNMENT N� Ifi��ette Papke to adjourn the meeting. Seconded by Jan Thomas. Upon a voice vote, all voting aye, the motion carried unanimously and the meeting adjo�rned at 10:03 p.m. Respectfully submitted, �„�.� � �?t',/,��. � % ; ��,�-�2��/ ecording �secretary O I�� � PUBLIC WORKS D�PARTM�NT CITY OF FRIDLEY MEMO T0: Richard Sobiech, Public Works Director MEMO FROM: Ralph Volkman, Superintendent of Public Works MEMO DATE: February 4, 1975 SUBJECT: Bids - Truck Mounted Sewer Rodding Machine On Monday, February 3, 1975 at 11:00 A.M., bids for the Truck Mounted Sewer Rodding Machine were opened. Flexible Pipe Tool Company of Minneapolis, Minnesota was low bidder, and the only bidder. There were specifications sent out to eight companies '� that deal in this type equipment. It is not uncommon to have only one bidder for this particular type of equipment. The following ot�her communities have experienced the same thing: I r Bloomington St. Louis Park Anoka New Brighton � � Columbia Heights Roseville I am recommending that we award the bid for the Truck Mounted Rodding Machine, Model RHRS-4 to Flex'ible Pipe Tool Company �' ' o:E Minneapolis for the sum of $10,147.4Q. We set aside $14,500.00 for a One Ton Truck with Truck M��unted Sewer Rodding Machine. _ , ost of truck is . . . . . . . . 4 036.00 C $ , � Cost of Rodding Machine is ... 10,147.00 TOTAL . . . $14,183.00 � RV:ik � � , i .���.�� � - RALPH JOLKMAN Superintendent of Public Works 10. . ��T � � •�_- __ • PkOPOSAL FOR � � . � � a�oA : , sctr��t �o�ozr�c t�nc�{i�iE . , . . . � . . � � � � : . . . T0: GITY OF FRIOLEY, P�I�iPlESOTA • - � • ' ' � . _ � . - � � . ,. . � � QY: '•�� ;, �=; ��,, i'i):., r;n. -�1 -_. '-i iL:l, r . ,. _. .,-•-=-----�----- Company I��ame � • . - . . .. . . ' ' . . � � � � : - :.._..- ' . _ ,1 � ,�,; � r..��, � • - --- Brand Name & P�odel ?oc? s; �i � �.._ f- ,_ � �. �� s �;�,f; �,Z t: ..:��_%;. ._ . , . ' iruck '101Zt1�%'?rJ:. �l<�:� � D?.�i�_�. �. . � -_ � Sewer Rodding Machine Base Bid $ i�:�;:7��^. - . - � - . . � .. � S GO^, C,0 � . , _ -?rade-In R11a��rance � . . _ . . ., . . • . . . . • - ._ � � ; Net Cost of New f�1achi ne � �-� s� '' � � �: � ' � � �-� � . �� � _�_ . � .. � � � � Uate of Del ivery 6� � o• 90 �?r=} j ,-::�L« _ rn���, ,�' �:,." t,.i ��:� . : . �'_' � _ � ��.. v -� .=;:�'- . . . . at r.,-_?r �,?�.v. _�a. �„t �'.;.: s 1 ��. .. � • • . I • � • ' - � Authorized Company Signature ' �� . � 1 • .- ' � : . ; - . ' • Title :��, . " � : � • . . ���.-<<� � �t,, � f � ?7� � � . 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" � . as o rq � ^ ��,. , . - , '� ;i'. � • . . , �, �.. _�. . . `-� ..a • , ..,- 0 �. k:. � F ; � _ �� �� ¢ � � � , ' � e F ' � .: i �. . CITY OF FRIDLEY MEMORANDUM T0: NASIP1 M, QURESNI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR,/FIN, pIR. SUBJECT: PROPOSED AMENDMENTS TO THE CITY CHA�TER DATE: FEBRUARY 19, 1975 P�r. Ray Sheridan, Ciiairman of the Charter Commission, contacted me today and stated the Charter Commission will not be giving the City additional amendments to be placed on the March 25, 1975 ballot. Mr. Sheridan will be directing a letter to the City Council and will go into further detail at that time as to the plans of the Charter Comnission, MCB:sh ' ,_ �EHLERS AND ASSOCIATES, INC. FINANCIAL CONSULTANTS FIRST NATIONAL-SOO LINE CONCOURSE 807 MARGIUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-B297 iAREQ CQDE 612) �. . ' �' ' NOTICE TO BIDDERS � � • ' Febr�uary 19, 1975 I � I RE: $1,220,000 GENERAL OBLIGATION REFUNDING BONDS I CITY OF FRIDLEY ' ANOKA COUNTY, MINNESOTA SALE_: TUESDAY, FEBRUARY 25, 1975 I ' I Moody's Investors Service has assigned an "A-1" rating to the above I ' bonds raised from "A" . � ) � NOTE_: THE BID OPENING IS AT 1:00 0'CLOCK P.M., C.D.S.T. ' . _ I EHLL-RS AND ASSOCIATES, INC. Fin��ncial Consultants to the City I � I , � . I • ' '�. .' �� � �� RESOLUTION N0. A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVER.TISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST. 1975-1 AND ST. 1975-2 (MSAS) WHEREAS, Resolution #98-1974 adopted by the City Council on the 21st day of October, 1974, set the date for hearing on the improvements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WHEREAS, all property owners whose property is liable to be assessed with the making of the improvements (as noted in said notice) were given ten (10) days notice by mail and published notice of the Council•hearing through two (2) weekly publications of the required notice, and the hearing was held and the property o�wners heard thereon at the hearing, as noted in said notice; and WHERE:AS, Resolution #123-1974 adopted by the City Council of the City of Fridley ordered all of these improvements. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka Courity, Minnesota as follows: ]. That the following improvements adopted by Council Resolution #123-1974 are hereby ordered to be effected and completed as soon �s reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix Erituminous mat, concrete curb and gutter, water and sanitary sewer services, storm sewer and other facilities, located as follows: f3ennett Drive 4Jashington Street �)efferson Street P1adi son Street Quincy Street E�3rd Avenue E>4th Avenue llan Buren Street Caro] Drive Garol Circle "fayl or Street Ei4th Avenue Highway #65 W. Serv.Dr. Madison Street (�ui ncy Street fith Street I)ut]ot F - N 13aker Avenue 7th Street to Quincy Street 63rd Avenue to Bennett Drive 63rd Avenue to Bennett Drive 63rd Avenue to Bennett Drive 63rd Avenue to Bennett Drive Monroe Street to Quincy Street Van Buren Street to Able Street Carol Drive to Mississippi Street West Moore Lake Drive to Able Street Off Carol Drive 64th Avenue to Mississippi Street Baker Avenue to Highway #65 Service Dri�e West Moore Lake Drive to 64th Avenue 57th Avenue to Helene Place 57th Avenue to Helene Place 53rd Avenue to 54th Avenue From East River Rd. Serv. Dr. to Outlot C (Great Northern Industrial Center) West Moore Lake Drive to Mississippi Street 'That the work involved in said improvement as listed above shall hereafter be designated as: :STREET IMPROVEMENT PROJECT ST. 1975-1 � _ 13 A ' , Res . # Ord. Adv. for Bids St. 1975-1 & 2 � Page 2 That the following 9mprovements adopted by Council Resolution #123-1974 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, not-mix ' bituminous mat, concrete curb and gutter, water and sanitary sewer services, storm sewer system, and other faciiities located as follows: ' ' , � � ' 63rd Avenue NAonroe Street Able Street 57th Avenue �!uincy Street C;arrie Lane J�ackson �treet 7th Street to Monroe.Street 63rd Avenue to Mississippi Street West Moore Lake Drive to Mississippi St. 7th Street to Quincy Street 57th Avenue to Carrie Lane Quincy Street to Jackson Street Carrie Lane to 58th Avenue 1'hat the work invoTved in said improvements as listed above shall F�ereafter be designated as: MUNICIPAL STATE AID STREET IMPROVEMENT PROJECT ST. 1975-2 2. �-he plans and specifications prepared by the Public Works Director tor such improvements and each of them, pursuant to the Council r•esolutions heretofore adopted, a copy of which plans and specifi- c;ations are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. ' 3. The work to be performed under STREET IMPROVEMENT PROJECT ST. 1975-1 AND MUNICIPAL STATE AID STREET IMPROVEMENT PROJECT ST. 1975-2 shall be performed under one contract. � �� � ' � The I�ublic Works Director shall accordingly prepare and cause to be inserted �in the official newspaper advertisements for bids upon the making of such irnprovements under such approved plans and specifications. The advertisernent shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that bids will be opened and consi��ered at 11:30 A.M. on the 20th day of March, 1975 in the Council Chambers ��f the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for STREET IMPROVE- MENT PROJECT ST. 1975-1 AND MUNICIPAL STATE AID STREET IMPROVEMENT PROJECT ST. 1975-2 shall be substantially in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof, ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1975. ' ATTEST: ' CITY CLERK - MARVIN C. BRlJNSELL ' MAYOR - WILLIAM J. NEE � ' NOTICE TO BIDDERS r � Sealfed bids will be received and publicly opened by the City of Fridl�y, Anoka County, Minnesota, at the office of the Public Works Director, 6431 Univ 20th�y Avenue N.E., Fridley, Minnesota 55432 (Tel. 560-3450) on the � day of March , 1975 at 11:30 A.M., and will be con- sidered by the City Council of the City of Fridley at a regular'C197 5il Meeting ��t 7:30 P.M. on the 7th day of � for the �furnishing of work and materials for STREE Ih1PROVEMENT PROJECT '� ST. 1975-1 AND MUNICIPAL STATE AID STREET IMPROVEMENT PROJECT ST. 1975-2 The street projects are about four and two tenths (4.20) miles long and consist of the following principle items of work and approxi- mate quantities� 44,093 Lin. Ft. 23,890 Tons 957 Tons 8,312 Tons 8,449 Tons Concrete Curb & Gutter C)ass V Bituminous Material MHD 2341 Bituminous MHD 2341 Bituminous for Mixture Wearing Course Binder Course Al1 in accordance with plans and specifications prepared by Richard N. Sobiech, P.E., Public tdorks Director, Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432. Telephone 560-3450. � Pl��ns and specifications may be examined at the office of the Publ�c Works D�irector and copies may be obtained for the Contractor's individual use by ��pplying to the Public Works Director and depositing with the Public Works Director $25.00 for each set of the two projects. The deposit will be refuinded to each bidder submitting a bonafide bid upon return of the documents in good condition within ten (10) days from the bid opening date. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than 5% of the total amount of the bid. � � The City Council reserves the right to reject any and all bids and to waive a.ny informalities in any bids received without explanation. Ncr'bid may be withdrawn for a period of thirty (30) days. B� order of the City Council of the City of Fridley, Minnesota. Dated this �_day of FebruarY , 1975. � Publ i sk�ed: �' Fridley Sun e ruary 6, 1975 March 5, 1975 March 12, 1975 March 19, 1975 Richard N. Sobiech, P.E. Public Works Director Construction Bulletin February 27, 1975 March 6, 1975 March 13, 1975 March 20, 1975 � � � � � , Business Item "H-2 METROPOLITAr� SEWER QOARD 350 P�etro Square Building, Saint Paul, Minnesota 222-8423 RESOLUTION N0. 73-225 RESOLUTIO�� APPROVING THE COi-1PREHEySIVE SEtdER PLAN FOP. TNE COLLECTIO�d, TREATi•1ENT AND DIS- POSAL OF SE�JAGE FOR TFiE CITY OF FRIDLEY � WHEREAS, The City of Fridley has submitted a comprehensive sewer plan for the collec- �tion, treatment and disposal of sewage for a�hich it is responsible pursuant to ection 6, Subdivision 3 of the i•tetropolitan Sewer Act, Chapter 449, 1969 Session aws; and �1HEREAS, The comprehensive setver plan for the City has been reviewed to determine its conformance to the P�letropolitan Council's comprehensive p7an for the col7ection, treatment and disposal of all sewage in the Metropo7itan Area; �OW, THEREFOP,E, BE IT RESOLVED That the Metropolitan Sewer Board.hereby approve the comprehensive seti•�er plan of the City of Frid7ey. The approval is contingent upon �ompliance with the fo11oG��ing conditions: U on comqletion of the Fridle Interce tor those sewers which ��ould divert 1. p Y P � flotiv to Service Area 2 may be c�nstructed. Other sanitary trunk sewers, � either not included or not specifically programmed in this plan, may be constructed after submission of the construction program to and approva7 . by tFie Se��rer Board as an addendum to this comprehensive sewer plan. �2. Fridley should petition the Metr000litan Council to amend the Service Area 1 and Service Area 2 boundary to reflect areas tributary to each respective � Service Area. This should coincide with construction of their relief sewers. 3. Intercommunit;y flow with Mounds View will be as shown on their approved CSP. �4. The Sewer Service Area will be the corporate boundary with the municipalities of Coon Rapids, �olumbia Heights, NetN ariahton, and Spring Lake Park. �The Federal ldater Pollution Control Act Amendments of 1972 require a11 ap.plicants � for a treatme��nt ��orks grant to demonstrate that each sewer system discharging into such tre�atment ti�orks is not subject to excessive infiltration/inflow. To carry out the provisions of the Act, the Environmenta7 Protection Agency (EPA) � has issued Regulations ti•�hich establish the guidelines to evaluate �•�hether a system is subject to excessive infiltration/infio«. To meet this requirement, the Sewer Board is currently reviewing the total and unit se���age flow volumes "� for local gov�rnments in the i�etropolitan Area. This review will enable us to identify t,he existence or non-existence of extraneous flows. If extraneous infiltration/inflow exists, the local government unit should initiate a � pr.ogram coordinat2d with the Sewer Board program to determine the nature and location of the source or sources of infiltration/inflow. If such flotivs are found to be excessive as defined by the EPA guidelines for infiltration/inflow, � . ' � 14A -, , � _ � . . ESOLUTION N0. 73-225 - 2- October 31, 1973 � � orrective me<�sures to remove or reduce such flows will be necessary. . c �. That the operation of the sanitary se!��er system will be in accordance with the Sewer Board's "Sewage and Waste Cantrol Ru7es and Regulations for the Metro- politan Disposal System". . �'. Comprehensive sewer planning should be coordinated with the Rice Creek tidater- shed District. �. -A local ordir:�ance should be enacted to prevent development of wetlands, marshes, and to control development on ]ands abutting lakes and watercourses. No new develc�ment requiring sewers will be allo«ed (by the municipality) in �� flood plain a�nd open space areas. For watersheds which do not have a water- shed district, such flood plain and open space areas will be as designated in tl�e htetropol-itan Deveiopment Guide, and additional areas so designated by the � municipality. For watersheds �•�hich do have a 4�atershed district, such areas will be as designated in its flood plain and open space and greenbelt maps � as approved b.y the t�-tetropolitan Council. . � � � 0 �� rAdopted this 7th day of November, 1973 A � E T R 0 P 0 L l: T A N S E W E R B 0 A R D � �Y BY . i ton C. Honsey, C airman Ric ar J. oug erty, ief m�nistrator �il �10.31.73 - �� i � ' _� � � MF;MO T0: NASIM QURESHI, CITY MANAGER FROM: MARVIN BRUN5ELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SiJBJECT: RESOLUTION SUPPORTING SENATE FILE N0. 95 PROVIDING FOR A SERVICE CHARG� ON TAX EXEMPT PROPERTI�S D��TE: FEBRUARY 20, 1975 Tlne attached resolution would put the City Council on record � a;s being in support of Senate File No. 95 providing for a service I � c'harge on tax exempt properties. The resolution has been pre- � pared in the event the City Council wishes to take a position on this matter. MCB ps Att. i 1 � i 1 , RESOLUTION N0, 1975 A RESOLUTION SUPPORTING SENATE FILE N0, 95 PROVIDING FOR A SERVICE CHARGE ON TAX EXE"1PT PROPERTIES 6dHEREAS, The Minnesota Statutes now exempts certain classes of ', � nroper�ty from taxation, and WHEREAS ,��iuni ci pal i ti es must s ti 11 provi de servi ces , i ncl udi ng � but no�t limited to fire and police services to those tax exem!�t proper�ties, and � IJHEREAS, The exnense the municipality incurs in providing tnese services is no� presently charged to the benefited property o r in any way re�covered by the muni ci pal i ty, � iJOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Fridley hereby goes on record as favoring passage of Senate File N��. 95 providing for a service charge on certain classes of tax , exempt properti es i n 1 i eu of real estate taxes . BE IT FURTHER RESOLVED, That the City Manager is hereby instructed � to furnish the local elected representatives a copy of this resolu'tion. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI-iE CITY OF FRIDLEY � THIS DAY OF � �975• � � ATTEST: , CITY CLERK - �1ARVIN C. BRUNSELL � � I � PIAYOR - WILLIAM J. NEE 15A �� � ^� . ���t�'a�� a� �ra���r���o� �a��� • by Menlor C, "Duks" Additks, Jr. I.eogua Legislative Counsel January 22 through January 28 , Mnjnr classi/icntions trsed in this section are: c�ow•1s, cnmpaign prnctice.r, eleclio�� I�nvs, e�ninent rlomcrin, energy, environrieenrnl qunlity, finance nn�! reverue, ge��eral goven:rnent, hnrrsinb, lrunuut services, local j� governnre��c strircture, liqarnr nn�l beer Inws, pensio�:s, persv�nnel u�bni�tistia/ior�, pla�utin� an�l devefopme�il, f properly� laz atbninislraiia�, puGlic empinyee lubor relu!ions,publicsufely, trm�sporin�ion, ul[lrfiCS. OCCasion- � ' aUy, a hifl tvi!! be sununarized tut�ler u speciat Ileadir.g tivi:en approprinle. - � � � j � . . . . : : ... •. _ . ..: _. . ;� � ' s � : .:. . �� i � s'� 1�i � �� i �• . � � � E;NVIRO� .�IdTAL QUALITY : . ` � Appropriat,ion for solid rr�ste recyclin� �roCrar�s� H.F. 150 1�tun��r vrould approp: i at,e �700, 000 fro�n the general. iund of �`�.e State ��' P�iinnesota to the ?llinnesota Pollution Control Agency for solid �ti•aste recycling probram.s. FINANCE .MiA REVENUE , . .. * Service charae levy. S.r. 95 (Mc�utcheon) i10llICI Iri3iLe sub ject to taxation all pro- perty ��rhic:h is exempt from tax_ation under the Const�tution, tivhich i.s nc,t ormed by th� state or any poZitical subdivision, and ���hich is not a chUrch, house of e�or- ship or p�^operty used �olely for educa- tional pu�cposes by academies, colleges, universit',�es, and se;ninaries, as pro- vided in -the bill. Tnis property �rould be valued and assessed as provided Uy current 171�Y and placed upon t�e assessor's tax roll at that value. The bill would then per:nit a service charge to be levied by any ci-ty or to�m upon all property described in the bill v�hich tivould be � computed Uy multiply.ing the local mill raie for :fire and police protection times the ussessed valuation of the property. If the cost of fire and police pr�otection are not budgeted or otherwise ascertainable, each City and to•rrn levy:ing a tax under this bill could estimate the total cost of fire and ' police pr�tection for the purposes of determining the amount of service charge. The service charge v�ould be collected and distributed in the same matuler as propert.y taxes levied under the current lu;v. The Fiscal Disparities Act �vould not apply to property subject to taxation under this bill. � , P�yments in lieu of tcixes for tzx- � ar�£eitec! lr::�ds. iI.l�'. 13�She.n��ood) �vould <ppropriate from the �eneral fund to the qu�alifying counties s�here t�x- forfeited� land under the udministration * League-eridorsed • of the cotuity board is l.ocated., the surn of 25� for each acre of t:ax-forfeited lancis which hrve been c].assif'ied as mer,iorial fore;ts, and 15� for each acre of tax 1.and not classified as a memorial forest. GENERAL GOTTERNP•,'�IdT - Mandatory recordi_n� of con�racts for deed. H.F. 125 �herl�iood�ovides that a contract for deed or dee' con- veying a fee in�terest in real estate must be recorded in the offi.ce of 1;he Register of Deeds tivithin 60 days af �er execution. HUMAN SERVICES Criteria and�uidel3nes for_count,Y welfare boards to f'o11o:v in deter- minin� fees to be aid certain vendors. .��132 North ti�iould perr.iit the Commissioner of Public 1'lelfare to establi�h criteria and guidelines i'or county vrelfare boards 1;o follow in determi.ning fees.to be paid to vendors evho provide social services ta indivi- duals and families �vho are clients of the county r�elfar2 board. Fees ' developed by the county �velfare boards t�rould be �ubjeei; �:o �the approval of the Conunissioner. ' LIQUOR AND 33EER LAP�S ,• �. 1'Jine licenses for re�t�surants. S.F. 129 Coleman �vould perru.t any rminicipality or county authorized to i:sue °on-sale" licenses for the sale of intoxicating liquor to issue on-sa].e wine licer.ses to aqy restaur�u�t liaving facilities for seating not fe�ver than 25 guests at one time. These licenses rrould be in addition to the number of on-sale licenses for the sale af �ntoxicating liquor fluthorized by the Tntoxicating Liquors Act. The fee for on-sale Y�ine licenses would be Eet by the � .'�t'�::s, ,: �r ::;_.: .� ,, , _ �: =;: _ i4`, ��:1 ;:;�; ;:�i��, L�' j' F •. ,.� : :,;�. � ,,.� ;. ;.�j�ti.- ` > 16 APPOINT�IENT FOR CITY COUNCIL CONSIDERATION - FEBRUARY 24, 1975 Building Standards - Design Control Committee (3 Year term - 5 Members) Sub-Committee of the Planning Commission Section 208) The Ward Representatives are appointed by the respective Ward Councilman with approval of the Council WARD APPOINTEE TERM EXPIRES REPLACES One 4-1-75 Donald 0. Nelson (Resignation Accepted February 3, 1975) , � � � — I � PRESEIVT M � General Chairman i r �I � Chairman, Plats & Subs ' I Chairman, tBuilding Stan•• dards � � � � Chairman, Parks & 'I � Recreation , � � ' � , APPOINTP�IENT FOR CITY COUNCIL CONSIDERATION - FEBRUARY 24, 1975 PLANNINIa COMMISSION (Appointed by Council for three year terms)(Sect�on 201) EMBERS Ric�ard Harris 6200 Riverview Terrace N.E. Fridley, Minnesota 55432 Hubert Lindblad 160 Crown Road Fridley, Minnesota 55432 Chairman, William Drigans Board of Appe<�ls 1280 Hathaway Lare Fridley, Minnesota 55432 Donald Blair 206 Rice Creek Boulevard Fridley, Minnesota 55432 TERM EXPIRES REPLACES � 4-1.-76 , Edward Fitzpatrick 5273 Horizon Drive Fridley, Minn. 55432 4-1-76 4-1-77 4-1-76 4-1-75 � CLAIMS GENERAL 38850 - 39140 LIQUOR 9573 - 9635 � CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THEIR REGULAR MEETING ON FEBRURl2Y 24, 1975 GENERA]� CONTRACTOR APPROVED BY Pendzimaz-Hallen Construction Co. 5740 B:rooklyn Boulevard Brookl,yn Center, Minn. 55429 By: John M. Pendzi.maz C. Belisle Sunris�° Construction Corp. 3106-6:Lst Avenue North Minnea�olis, Mn. 55429 By: Arthur L. Fretag C. Belisle SIGN E:RECTORS Cragg Incorporated 822 West Broadway Minnea.polis, Mn. 55411 By: William A. Cragg C. Belisle Master Signs of Minneapolis 3637 - 13th Avenue South Minnea,polis, P�In, 55407 By: 5anders Moore C. Belisle ■ 19A ■ MULTIPLE D�1�LLING LICENSES TO BE APPROVED: � ' Period September 1, 1974 to September 1, 1975 , Ot+1PdER ADDRESS UNITS FEE APPROVED BY: ' Roscoe Smith & 5451 - 5th St. N.E. 32 R. D. Aldrich, C. W. Hommeyer Fire Prev. 3504 Larchwood ' Minnetonka, Mn. 55343 Umberto M. Virgillo 5400 - 7th St. N.E. 3 R. I�. Aldrich, '4521 Winnetka Ave. -�d106 Fire Prev. New Hope, Mn. 55428 � . , ' , � �' ' � ' . , . 1 1 � 1 � �1 . �. . . 1 c �� E5TIMATES FOR CITY COUNCIL CONSIDERATION - FEBRUARY 24, 1975 Peter Lametti Construction Co. 615 DrakE� Street St. Paul„ Minn. 55102 PAR1'IAL Estimate #4 for Sanitary Sewer Improvement I No. 113 (Central Avenue Relief Sewer) for period ' ending January 31, 1975 American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 PAR1'IAL Estimate #1 for Sanitary Sewer, Water and Stor�m Sewer Improvement No. 116 for period ending February 13, 1975 � Comstock & Davis, Inc. � 1446 County Road "J" ' Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following work: � PARTIAL Estimate #13 for Sanitary Sewer, Water and Stor•m Sewer Improvement Project No. 114 from DecE�mber 29, 1974 through January 31, 1975 , PAR1'IAL Estimate #8 for Sanitary Sewer and Water Impr�ovement Project No. 115 from December 29, 1974 �thraugh January 31, 1975 PAR1'IAL Estimate #2 for Water, Sanitary Sewer & Stor•m Sewer Improvement Project No. 116 from Dec�mber 29, 1974 through January 31, 1975 Carl Newc�uist � Smith, J�ister, Feikema, Haskvitz and Casserly Builders Exchange Building , Minneapolis, Minnesota 55402 � For legal services rendered as Prosecutor for January Virgil He�rrick 'I ' Weaver, 1'alle & Herrick 316 East Main Street Anoka, Minnesota 55303 I' For legal services rendered as City Attorney for January � ZO $ 13,500.00 81,974.25 199.14 . .• 3,018.44 1,266.25 1,765.00 TIME RECOR'.D FOR JANUARY, 1975 PROSECUTIOf! ��ORK 1. Prepar�ation, Travel and Time in Court for f Cour•t cases and 27 Pre-jury trial con- ferences. 2. Invest:iga tion and Process of Complaints inclucling office conferences, phone con- ferenc:es, corresqondence and preparation of 14 Formal Comolaints. 3. Court and �olice Administration DATE � 1-31-75 �. TOTAL 12 hours 00 minutes 22 hours 25 minutes 00 hours 15 minutes 34 hours 40 minutes � • FORWARDED FROM LAST STATEMENT for legal services rendered as Prosecutor for the City of Fridley. January 1975 Retainer. $1,000.00 Secretarial Services. 100.00 Time in excess of 30 hours (4 hours 40 minutes) 166.25 1,266.25 I dec<�e u��;er p��ia;t'.c�s c'r :.�v:� �i-a: `;.hi� accou��t, �:� : - or �;e: �-�.�� , :_ ;��,: �::�:.� c�; - reci a��d i�� _ c�` � ._.,..;� ,.'�_, �--2 Si�n ;tur�. of C�airr+ant SMITH, JUSTER, FEIKEMA, HASKVITZ aNO CASSERLV ATTORNEYS AT LAW . � cJ���; ��� �o: • 9ALANCE $1,266.25 � / � �nw or �ices ' WEAVER, TALLE & HERRICK HARIES R. WEAVER ERMAN L.TALLE IRGI� C. HERRICK OBERT MUNNS � JAMES D. GIBBS WILl1AM K. GOODRICH � �NOMAS A. GEDDE [FFREY P. HICKEN ' �'ITY_ "OF FRIDLEY anuary Retainer ouncil Meetings Meetings wi th Sta:ff �onferences with ;�dministration 'itizens Inquires Lega1 Research, Masmos, and Resolutions ' Hours in excess o.f 30 @$35.00 �ecretarial A11ow,ance � ' , � C� ' � Febrvary 13, 1975 18� hours 6� hours 5 hours 1 hour 1 S hours 49 hours � � 316EAST MAIN STREE.T ANOKA, MINNESOTA 553U3 441 5413 $1,000.00 665.00 100.00 TOTAL ...............$1,765.00 VCH . , ; : . -�-._ . . .� . , ; ��icile;y*, T-:.innesota � . ' ` k'ebruary l9, 1975 � Dear i•�ir. F�reider: _ - , � t�ri.sii to bri�z j .u� a -, i�-r i v ; � .:; . �, ', _ . �_ !O Il OZV?1� ,,._o,r re�,.ov<'t�� w?2.IiCli1,; V10��:�I..LOT13 2.T1C� ��.T2ES. _ This can k�=�s� bE t?one „r? �i� �,n �,ccn�arzt of r,y c.?,;;er:iences ,iiice �;•�e sr.o�•r���.11 on Januaxy 29, 1975. On -�_i<r'r, riornx-';�, I p�arned r,r,�r c�:x� on a I�'z�idle;r x•esic�enti.�°�. '"-. stre��t ai, 7:1.5 �.Itl. i:'l.Gt �01T�E'-C� T:�,y' Cr:_r :poo:l. L1�OT2 TE'I;lIT'r1�Cl�; �.'"t, 5:�.'i ).T1. � founcl thlt the cr.x l��d 'oeen toT-;ed ���,�a�yr b;;� S-`�ortyts T�;�r:irz�; .for si���-7 rer„oval at � about 9:3t) a.m. ;�?en � Y'C"GTJ��ved ;ny eax• _�xcn.1 S'�c�r��-�;,, �, �'ot�nd ra p�,rki�t{; -ticice� '� att�.ehec� raad� ov.`� for vzola�t7 or2 of orcla_nanee C�5 0 -?1� �. 5 0 5. ( S��e t �S."i: L�1.C�lE,'ti. CO�ST. .idhen � re<�c� i,re ordin��nce ��� L-T V�t �iall t�ze nex� da,l, �:iot:rir� -t}�a� i-t saicl :. ":` b�.sic-.I�y �::;o t�; ri�s : (1) v�t�enc:ver �. � sha11 Ue z ou.zc� nece; ss �y �'ox snot,� � '. x'�1:lOV'c.l, a�o�_ice off'�.cer �.s authoriaed to �rotiric�e ior �tii.: x'C:�:iOV4._I. ai. �:.ny ' ' vehic�fE� ���r�ced at� �tl?e sir;,�et, ar_d (2) I�n�� tTe:�icle � arked _in vio:La�i_on oz" la�r may be x'�r:�oveci u�.,aiz arccer o� a��olice of'i'ic�r. - !�: � In the e�.suitiJ cl� sc��,;sion T•ri•th the Police 1��T��°trnen�c Y si,z u1.a.i.ed tha - � 3 P t �.f, z,��s ' pr�per �.or� the c�r to Lc _x�e:i;ioved. t�rici th;�t �he ;;;_l_U.CO tat:i�.ii� cost t•ras xe��sonable ... according io -�he orciinance. T?otia�ver, .in Ii�h-� of �t?:e �'aci; tiia�t z�?e or�nanae does no� use tl��e p'r�rr,se �►.i-c sha11 be unl«i•r�u1 to .,.�i or o�cl.ez�aise def�.ne - any violatio>i uestian �o the � � -� ,�Y' �i oliee Vras - t�nat ci�_d �C do tha�t ��as ��n:Lat�f'�.� . ' o?� in violat; or_ o�E' l���r �.na tr.�;� ���sf�rve a-tick�t r z'he i,olice ���,re un�bl,e. -Lo enst•;er the qtzest � ort �nd rexerred t:,e ta C��.rl P•;�trrc�u:isi,, Cour��LZ' I'.rosecutor. �.: � then stuc�i.ed �11 i,h� T�'ric�? e�T orc:i.n<<:ziees •�,ert<�irz:�n� to �.,�axacin�; a�zc± :fovnd no st4ter�ent �,lnich covered ry c;:�s�e tziut ind_�.cat�d atiy v:iolatian on r;ry p�rt. ,.._' � � r: In the ensuinz discu�,siozi Fi'1LI7 !''x'. iye�•;qu��u, �: a.sked 'nirl i:ile S�M•2 puest' 10I19 , a.��in ��rith no ans�rer. I:r. ;��eTrc�tryist ez�reed t� i,��ll: l:�it11 �fl_e �o� ice +c�e:partmcn� ' _ F3.YSC� after s�ver�l COT1V�2'S�.�"�:LOT1S� '��1P, 't1CIC@� i�'aS C7.3t;1J.SS°Cl �]y' j;Y'� �,jei.rnv.isi; c�i].Cl � the Jt�d�;e an Febru�ry 1�3, 19'l�, over �E:�e �tro�i ro-te:�-i: of •�he ;;o1�ce �. ,- � }� c? c �. � � � r�.r.Lent. I beliey e(but have nc�t �.sked hir�) i�:�.^�t l`�:�. � P�et•;quist concv�rr. cd :i.n i,,y �:r�,eznent and thereiare dec].ined to prosecute, : _ � `Po m� it �oes Vrithaut satri s� : :- ^ ^ _ � „�,, tZ�at � ci tzz�r� ,5hou1d not �<-t� a�,�.cket unless he va.olates t��:e t�.�r. I stran�;l;y I'3i_JU�:St tli<A� t}ze Cov�n.ci.?. tai;e un i,}iis r�a-Lter �nd iz t��e f�ets are �+,;; Z���ye prese�-it•�d tliem, f.he �ol__i.ce dF�»a�rt:�ent be :i�istruc-Led ' ' not �to issu;� pari��n=; vi.alat:ion �ticltn-ts �,rricn no orc�in�nce �s b:cok�n _ � . - s,�,ecl�xn�`�1.1.y - to cars te.•;+�d GT„y4�T i`or sno�r rcmoval. I callec; Siior��;y ts `,I'(1Z•):lT1b �r�d ;�r r3s gi,ven � an esti�c.tE of ?_3 cars tot-Ted. in on J�rna�:ry 29 for at10T•J r�;;aavt��., i��c��';: p3'obably mos �� or a11 oi these c�rs �rE:re fi.icl:e�-�ed ��n�.er ��6.05 � nd �L��e drive � � ' : �+ r u �:�id � p. t�zeir - �7.50 �ine T,�_t� no cozicest. `1'his rneans th�.i; 27 Fridl.e,y resid.eri�s ��^ic� ovex� - ;r2C)fl in f ine e � n, - - . s ve , n h t.��.;,1_ they broke no Ia�•r. Lf -�r.e drivErs t?Gd contested t,he - �ickei as 1: aid, tnG tic?;ei;s �rould �robc.bl;� i�ave bee:a dis��.sseci. The 2f} cars _ to�red a�ray ana tzcke i,ec� on J��..n.u�ry 29 i•rere onlv ihose tax one starrs� i�n one . za�inter. _ _ . . : � � : . Beyond the s,no�•� re�r�ov�l to�r�.re� as�ec�c :ixi t;� T - .t , : �; . � � 1 , � o�,:i.n�_ozi, t,7e �',,_r.,t �en-tence of orctinance 5:`.�5.;;5 is vaaue, s�tbjec-t i;o c,�}�r �CZOLlU ��r�c arb_i.tirar;r erifor.cer�ent, � . and does nat �ive k�riclle,y: resic�eiits �, cZear :ind:i_cat�_on as �to t-rheri tti�ir G��.x� �� is 1il>e3�y to be to�red. �.wa,y. tinc3er tl:i� orciin�nee� sor„e erf'ectl,T inxioce p�ople �ri11, h�;ve their �cars to.�ed aT,au,y- for such t�h.in s as � �� � `:::,,. , g : (1} Farking over , t` - • � .. ' � ' � i .. , _ __ ;� a�_;e 2 : � ' a nla.nhol e i,,_,ic �, .� _ . ry ; . ` _ .. _ _ k� G ut_l�t:, neec�� -_.c.ce�s to zn an e�r_�r�;encf o,� o L,Zer situ�.�i.ion, � 2� .l'v..t^itll2u' SO as . � c� b:!_oclr v.CCG �a^ �+ � n :. } � r , � to �,. zi-t;: li1;i- ., R/',l i�i t.ie rric:c41° o.� a blocic, ��� Pc7x'::1i7� �7E;I12cl.i.i1 2d1. Q4�2'i?f:�'.C.2 1:LI2C.' 1v:'1:1.C'!: I�.. �F� uti:l.it;- ri��c�s fo sex•vice, and ,. (�*) P:xt:?.tig sv as to irr:ede construction of �. t�r?v:�.te bzLildin:� , .. „. Thc, s1tu�-��czons zor innocE;nt involver:�ent �^se coi�.��less. Pa�esu�v:�:�7;r in e�.cki c�sP, a police off�cer wat�.l.d have tzie c«r ��ov;-ec� at,=�y a,�:d ta_c'�ted, �Y.e dz�iver ;.Tou1d i;i�e:r� '� be liable _for �. to��ri.ri� cli�.r�;e ��nd #'ine. 'l.�here shaula be o�t�!er rc�-L-::o�}s to . hunc�e t��ese si�lzat:i�rYS than. axe �resen�tly oein; izsed, .- 1n�nK yo,i ve?Tr r°.uc?�i ior vo�ar aizc�ience anct �'or yovr eriar�.s on this ��roblem, . _ ' Plea e -� � • � s�nzor,z r+�e on tne cauncil ca1s�:os� t�.on. _.: ., _ � . . VG� I�r' �l^i�U'1'� �OU.� S� . ,. ' : .> .. _-. _ _ , . ' . - : �,' 7,Gr zT , _ . . r„ C. Jaruson _ • - :. � _ 7301 Concerto C�.x�e :: l�i.dl.ey, I�iinn, 55�.t3'L ' krone -- k�ork 3j0--6I�b6 � . � - : Home 7�35-511�3 . - . ' !/ cc: kl. J. 2iee � . : . . : : ;. - � ' . . - . _ :. - � .' : . . .' � - _ ..� � � . _ - - , . ,. _' . ,' _ . . : '. � : , '. . , . . . - , : � _ ' : '. , • . . �' " . . � _ . . _ . _ . . .. . _ . � , _ ; _ ' _ � ' - ' T'R1�JZ,I,Y Oi�D:CtltirrC� ZGb.05 _ _:�henever it sha.11 be founc� nece�sar� to tlie �T'p�f.�r dir�ction,' ' con�rol or re4;�il.ation af erai'S'ic or for tx�e re::c��r<�1 oz sno��, �.ce � or �r�ste, a7a.in-cen�nce or i:.rprovex,��n�c oi an�T i=i�;hya<;y or si;reei;, -�o ;. _. _ .: rer?ove �;� vehicle s�atzding an -a n:i�;n�,�.f o� strEet; in -c�ie city� • then �z;� � olice of�'icer is au-ti:oxized to �roviue �or The re�:noval of sucli venict° uncl have tne same ren;oved �o �the n���zr�si, coziv�nieizt g�.ra�e or �-�Izer �ls.ce. oi sa£et�. Ara.�r veh,�_cic sto?;�;ed, �arlc:;�� or . � � 3ei t s�t-,axidir_� .on an,y hi�;hwa;� ox� street: in violai;ion of 1��-•: r:�id ' rei�oveci � s�rav'iczed ��erein �bOV('� lil� b;: r�iaov:,�C� L1�;Qi1 oruer cJf a. police ofz"icer and �he cost of rar.o���:l ��nd s�:ora"�� oi' ti�c s�,;�e chz:r�eci to the: o:•r�er of t}-ze �eilicle, as zLell as th� ��er;,on c�tusiri�� such viol�tiion. _ . , - � - - - . . ., - I ': � . - �. . ; . , : _ . � : " : __ : � __ , - ' _ : r � . _ � �. ' � . '. . _ . � , . : .-� �. . . � : � _ : . ' � ' . . - - . . _ � n � -- � ` � , . ,