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07/21/1975 - 5466PAT RANSTROM SECRETARY T� THE CITY COUNCIL REGULAR COUNCIL MEETING JULY 21, 1975 0 FRIDLEY .CITY .COUiVCIL �� REGULAR I��ETING -� JULY .21; 1975 - 7:3� P. M, 7:34 P.M. � PLEDGE OF ALLEG I Ai�(CE � Gi ven � ROLL CALL: All present. PRESEiVTATIO�J OF CERTIFICATE: CERTIFICATE OF �PPRECIATION TO CLARENCE BELISLE IN MEMORIUM Noted. APPROVAL OF MIiVUTES: REGULAR I�EETING, �UNE Z, �9�5 Adopted with changing name of Mr. Kage to Mr. Kager. PUBLIC HEARING, �UNE 9, 1975 Adopted as presented. ADOPT I ON OF AGEi�DA : Additi�on: Renewal of a motion for the rezoning request for Richard Povlitzki OPEN FORUM; VISITORS: �GONSIDERATION OF .ITEMS NOT ON AGENDA ,�.5 MINUTES) Kam Metcalf, 860 W. Moore Lake Drive: � requested suggestions for �youth project survey..Council directed Ms. Metcalf to allow them to review the survey when.completed and before circulated. � �� , •� � • REGULAR MEETING, JULY.21;� 1975 . . PAGE 2 OLD BUSIir'ESS: • . CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 5O% OF THE CITY CODE OF THE CITY OF FRIDLEY � RELATING TO �IUfJICIPAL BATHING BEACHE.S� � � � � . � � � � � Ordinance #.589 adopted and publicat'ion ordered. 1 CONSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR � RESERVING LIQUOR LICENSE, BY�P�IAX SALITERMAN FOR KING�S �HALET, INC� �TABLED t��16I�5 AND 7/7/75), �� 2' 2 A � � � � � Time extension granted for six months from date of expiration. CONSIDERATION OF ZONING ADMINISTRATOR`S DETERMINATION IN THE MATTER OF THE ZONING OF FRONTIER CLUB; 7365 ' CENTRAL AVENUE N , E � . � � � . � � � � . . � � � . � � � . Motion for first reading of the ordinance for rezonino renewed and adopted on first reading. Second reading and publication will be held up until either present owner or future owner complies with the stipujations of the City. 0 3-3J � . �� , ;� � � � � . .. . REGULAR I�EETij'dG, JULY 21, 1975 . . � PAGE 3. �� NEW BUSIfUESS; � � CONSIDERATIOfV OF FIRST READING OF AN ORDINANCE FOR VACATION R�au�sr, SAV #75—�2, DENNIS SMERUD, TO VACATE 46TH AWENUE I�ETWEEN 3RD STREET AND UNIVERSITY AVENUE, 4603 3RD STREET i� � E � .. . � . � . � � . � � � � � � 4 — 4 A First reading adopted, , CONSIDERATION OF FIRST READING OF AN ORDINRNCE FOR REZONING REauEST ZOA�#75-�3, BY CITY OF FRIDLEY FOR � GEORGE IS IN FRIDLEY, RE�ONE FROM M-2 TO C—Z; _ 3720 EasT R I VER ROAD . . , , . . . . . . . . . . . . . . . . . 5 5 A � � :� � � i First reading adopted, CONSIDERATION 0� FIRST REAVING OF AN ORDINANCE AMENDING�THE CITY CHARTER OF THE CITY OF FRIDLEY. .,... Title adopted , Section 2.03 adopted. Section 2.06 adopted.(repeal) . �Section 2.06A adopted. Section 2.06 adopted (number change) Section 2.07 adopted (number change) Section 2.0.8 adopted (investigation) � Section 2.09 adopted (number•change, note to possibly amend language) Section n.05 adopted . Section 4.08 adopted. , Section 5.02 failed Section 5.08 failed 0 6-6G . . � ^ � � 5 PAGE 3-A REGULAR COUNCIL MEETING, JULY 21, 197 , � Continued Consideration of First Readin.g of an Ordinance � � Amending the City Charter of the City of FridTey: � ' � Section 5.19 failed. � � Section b.04 failed. � Section 6.05 failed. Section 6.06 failed Section 7.02 adopted. � I� � Section 7.02 Section B--Question split and deletian of °and personai" property failed; question of changing "16" to "30�'mi11 limitation adopted. Section 7.03 adopted. ' � Section 7.04 failed. Seciion 7.05 failed. Section 7.09 failed. � Section 7.14 failed. ' - Section 7.17 (a) adopted. Section 7.17 (b) adopted. � ' Section 8.05 failed. Section i0.04 adopted. Section 10.05 �'ailed. � Section 10.06 failed. � � . Section 10.09 failed. Section 12.07 adopted. Section 12.11 adopted.(deleted section) � Section 12.i1 adopted (number chang�) Secti�on 12.12 adopted Fnumber change) Section 12.13 adopted (number change) . , Council directed administration to prepare ordinance for second reading with those�items adopted. Remainder of items to be sent back to Charter Comnission for review of corranents by Counc�l and possible language modifications. � � � � � � , � � � 0 ie#a^ � . I REGULAR MEETING, JULY.21; 1975 . . . . PAGE 4 1 ' .:! � fdEW BUS I PJ�SS CCONT I fdUED ) � ._ _ ' � RECEIVING THE MINUTES OF THE PLAN�VING GOMMISSION ME.ETING � oFJu�Y9,�1975,,.,.,`.s.�,� ............. 7-7D . . . POLICY 1�ISClJSSIONS �NLY 1 _ _. _ _ . �OUN�IL ACTION .�.Q I��: RECEIVE MINUTES 1 . � . � � Minutes received. � APPROVAL OF ANIMAL PATROL CONTRACT WITH METROPOLITAN ANIMAL PATROL SERVICE, INC� . � � � � � � . � . � � � � � � g — $.E �• Council authorized execution of agreement with administration directed to modify section #6 to increase impounding fee for � unlicensed amimals. � . , . , CONSIDERATION OF LETTER OF APPRECIATION FROM � � , THE �ITY �OUNCIL TO THE '49ERS �OMMITTEE� .�.�.� �.. 9— 9 B Received. �� . � � �. ,I • . � . �._ � I i �J � � � � � I � � � , � � � REGULAR hIEETIiJG, JULY 2I; 1975 ,r NEW BU S I�IESS (COiyT I i�UED ) � PAGE 5 CONSIDERATION OF ACCEPTANCE OF OUTLOTS F, G, H, AND PART OF OUTLOT C, GREAT ��ORTHERN INDUSTRIAL CENTER— FR IDLEY � � . . � � . � � � �. , 1 ,. ., . � � � � � � � � � 1� - 10 D Council authorized acceptance. CONSIDERATION OF REVISION OF PLANS BY MERIDIAN CORPORATION FOR INTERSECTION OF %9TH WAY AND EAST RIVER ROAD, , , , , , , , , , , , , , , , , , , , , , , 11 - 11 A Council consensus was to authorize the administration to agree to ingress from East River Road, but na egress. Administration to formulate agreement or letter of under- standing rvith applicant with agreement for dedication of right of way for deceleration lane which would have to be developed by Meridan because the County is not ready to start�with the modifications of the intersection. CONSIDERATION OF A RESQLUTION ORDERING IMPROVEMENT, � FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF � THE COSTS THEREOF: STORM SEWER IMPROVEMENT PRO�ECT #118, � , , , , , ; , , , , , , , , , , , , , , 12 . Consideration of project failed because no motion was offered. . Council directed administration to work with Mr. Erickson and area property owners to construct a system of plans as proposed to be taken from general fund$ and come back to the Council for . final approval. S�nce the project was not withdrawn, the escrow monies would be retained. ' ' • . . REGULAR i�EETIPJG, JULY .2I; 1975 -� � � � PAGE 6 �dEW BUSI�JtSS tCONTINUED) `}' CONSIDERATION OF IMPROVEMENT; STREET IMPROVEMENT � PRO�FCr ST. 1975-1, RDDENDUM #3 �SIVERTS LANE). �� 13 No motion was offered for the adoption of the resolution for � the improvement. Council consensus was for the City to continue snow plowing, but some arrangements for reimbursement of summer maintanance activities will be made. CONSIDERATION OF APPROVAL OF RESOLUTION AND AGREEMENT BETWEEN �Y�1NNESOTA DEPARTMENT OF HIGHwAYS� COUNTY OF ANOKA AND CITY OF FRIDLEY FOR TRAFFIC SIGNAL IMPROVEMENTS �AGREEMENT N0, 58009>� � � � � � . � � . . , 14 - 14 G Resolution No. 121-1975 adopted. CONSIDERATION OF A RESOLUTION CANCELLING SPECIAL ASSESSMENT PAYMENTS DUE IN 1973 oN LoTS 3& 4, � _ �LOCK 2, .HAYES RIVER LOTS � . � � . � � � � � � . � � � � �cc�3i. � u � � �i i �.�, � Q7� a�fnntad, '��Fz/`�-.�.. �- �---�-�, � � � � y,� _` / 15 - 15 B � '� . � . � � � � � �J �- , � , �� _ REGULAR I�EETI��G,, :JULY 2I; 1�75 -�� PAGE 7 fVE« BUSIy�.SS (CO�JTIiVUED) � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoTS �.Z AND 13, B�ocK P, PARCE� 3475, AND Lo-r 14, BLOCK P, PARCEL 34�0, RIVERVIEW HEIGNTS ADDITION. �� Resolution No. 123-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AIVD DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 32, PaRCE� 3570, AND Lo-r 33, PaRCE� 3575, BLOCK P, RIVERVIEW HEIGHTS ADDITION� � . � � � . � � � Resolution No. 124-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SJ'ECIAL ASSESSMENTS ON Lo-r 42, PaRC�� 3620; LoT 43, PaRCE� 3625; AND LOT 44, PARCEL 3i31�, BLOCK P, RIVERVIEW HEIGHTS ADDITION� �.� Reso]ution No. 125-]975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING QF SPECIAL ASSESSMENTS ON LoT 45, PARCE� 3635; Lo-r 4�, PaRCE� 3640; AND LoT �7, PaRCE� 3645, BLOCK P, RIVERVIEW iiEIGHTS ADDITION� �� Resolution No. 126-1975 adopted. 1G-16A 17 � 19 11 I� . � . , � � � � � � , r ' � � �J � � . REGULAR MEETING, JULY.21, 1975. - . .. PAGE N�W �USINESS tCQNTZNU�D) CQNSIDERATION OF A RES�LUTION At1THQRIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON l�o-r 1, PARCCL 3665, LoT 2, PA�cE� 3670 AND Lo-r 3, PaRCE� 3675, B�ocK Q, RIVERVIEW HEIGHTS A�?DITION� �.. Resolution No. 127- 1975 adopted.� CONSIDERATION OF A RESOLUTION AUTHORIZING_AND DIRECTING THE COMBINING OF SPEGIAL ASSESSMENTS ON Lo-r 4, PaacE� 3680, �OT 5, PARCEL ��5 AND LoT 6, PaRCE� 3690, �LOCK �, RIVERVIEW HEIGHTS ADDITION� �� Resolution No. 128-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING.OF SPECIAL ASSESSMENTS ON LoT 7, PaRCE� 3695, LoT 8, PARCEL 3%OO, AND LoT 9, PARCEL �%O5, BLOCK Q, RIVERVIEW }�EIGHTS ADDITION. ��. Resolution No. 129-1975 adopted. ' CONSIDERATION OF A RESOLUTION AUTHORIZING AND I�IRECTIN� TNE COMBINING OF SPEGIAL ASSESSMENTS ON �OTS 41 AND 42, PARCEL 3g%O, AND Lo-r 43, PARCE� 3875, BLOCK Q, RIVERVIEW HEIGHTS ADDITION� � � . � . .�� Resolution No. 130-1975 adopted. 20 21 22 �23 �r � � . � 1 � � � � �� ' � � II �. . . REGULAR MEETI�dG, JULY 2I; 1975 . . .. PA�E 9 __..... . __ _,. NEW BUSINESS CCo�vrtntu�D) CONSIDERATION OF A RESOLUTION AUTH�RIZING AND _ __ DIRECTING THE COMBINING OF SPEGIAL ASSESSMENTS ON LoT 44, I�LOCK Q, PARCEL 3�SO, AND LoTS 45 aND 4fi, BLOCK Q, PaRCE� 3890, RIVERVIEW NEIGHTS ADDITION� �� Resolution �lo. 131-1975 adopted, 24 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 50, PARCEL 3giS, AND �OTS 51 AND 52, Pa�cE� 3920, BLOCK Q, RIVERVIEW HEIGHTS ADDITION� � � � � � � . � � ZS Resolutian No. 132-1975 adopted, CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT l, AND �OT Z, BLOCK R, PARCELS 3925 aND 3930, RIVERVI EW �iEIGNTS ADI�ITIO�� . , . � . . � � � � � � � Resolution No. 133-1975 adopted._ CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING TH� COMBINING OF SPECIAL ASSESSMENTS ON �OT 5 AND �OT 6, PARCE�s 3945 aND 3950, $LOCI< R, RIVERVIEW �iEIGHTS ADDITION. . � . � � � � � , , , ; . . Resolutian No. 134-1975 adopted. � . . � 27 ' �� REGULAR MEETI�dGe JULY .21,� 1975 . .- . PAGE l0 NEW BUSINESS iCONTINUED) � � j, CONSIDERATION OF A RESOLUTION AUTHORIZING AND � DIRECTING THE COMBINING OF SPECTAL ASSESSMENTS 4N . , _ . _ � � LoT 9 AND LaT 1�, PARCELS 3965 a�vD 397�, B�ocK R, ' RIVERVIEW NEIGHTS ADDITTON� � . . . � � . � � � � � . � ' Resolution No, 135�1975 adopted� � � � � � � � 1 ' � � � i � II � 2� CONSIDERATION OF A RESOLUTION AUTHORIZING AND . DIRECTING THE COMBINTNG OF SPECIAL ASSESSMENTS ON �OT �9, PaRCE� 4115, AND �OT ��, �ARCEL �1��, BLOCK R, RIVERVIW i�EIGHTS ADDITION� . � . �-. .�� 29 Resolutian No. 136-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 53, PARCEL 4i85, AND Lo-r. 54, PaRCE� 4190, BLOCK R, RIVERVIEW HEIGNTS ADDITION� � � . . . � � � � � Resolution No. 137-1975 adopted, CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 3% AND 3S, PaRC�� 4380,�aND LoT 39, PAR�� 438!�, . __ _ ... .. BLOCK S, RIVERVIEW HEIGHTS ADDITION. . . , . . � . � � � Resolution No, 138�1975 adopted, � 30 31 0 �r REGULAR MEETING, JULY.21� 1975 � ' � � � �W BUSINESS �CONTINUED) 1 ' 1 � r �� , C�N�SIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 44, PARCEL 4410, AND �OTS �5 AND 46, PARCE� 4420, BLOCK S, RIVERVIEW HEIGHTS ADDITION� � � . � � � � � � � Resolution No. 139-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL �SSESSMENTS ON �OT 49, PaRCE� 4435, AND �OT ��, PARCEL ��4�, BLOCK S, RIVERVIEW HEIGHTS ADDITION. � . • � � � � � � � PAGE ll 32 33 Resolution No.��1975 adopted. . � L� APPOINTMENT: CITY EMPLOYEE� , � • � � � � � � � � � � � 34 Approved appointment of Janet Lewis, Administrative Assistant.. ,� LicE�sES,,,,,,,,,,,,,C......,.,, 35-35A ' Approved. Administration directed to communicate in the solution ' ' � of the problem of conflict in regulataions between the City ordinances and the Department of Agriculture regulations concerning the Bakery. '� � . REGULAR MEETING, JULY 2I; 1975 �� `PAGE 12 NEW BUSINESS CCoN-rttvu�D) . .. . .. . .. .. .. . ESTIMATES, , , , , , , , , , , , , , , , , , , , , , , , 36 — 36 D Approved. �LAIMS. � � � � � � � � � �. � . � . . � � � � � . . � . 37 Approved. ADJOURiV: >> ;44 P.M. 0 a 0 ' . � • . ' THE PAINUTES OF THE RE6ULAR MEE7ING OF THE FRZDLEY CITY COUNCIL OF JULY 21, 1975 The Regular Meeting of the Fridley City Coucnil of July 21, 1975 was called to order at 7:34 P.M. by Mayor Nee. � PLEDGE OF ALLEGIAMCE: Mayor Nee invited those present to join the Councii'�n saying the Pledge of Aliegiance to the Flag. ROLL CALL: MEMB[RS PRESEN7 P1EMBERS 116SFNT: Mayor';Nee, Councilwoman Kukowski, Councilman Sreidei°, Councilman Starwal�t, and i.ouncilraan Fitzpatrick. None. PRESENTATIOfJ OF CERTTFICATE: CERTTF?CATF OF A°PRECIATTON TO CLARENCr 6ELISLE IN t4EP102IU�": Playor Nee explained the certificate was for a very fine employee of th2 Ci�ty of Fridley who had recently died. Ne said the certificate is to be forwarded to his family. APFRO�IAL OF F1IfdUTES: • . REGULAR h1EETIPIG, JUNE 2, 1975: Council�aoman Vuko�,vski called the Council's attention to page 4 of the rrinutes an:; indicated the hauler's name to be Kager> not Kage.. MOTION by Councilman Starwalt to.adopt the minutes of the Regular meeting of the Fridiey CitY CO��Y�Cil with the correction noted by Councilwon;an Kukows�i. Seconded by Councilwoman Kukowski. Upon a voice vote; all votiny aye, �iayor �iee aeclared the motion carried unanimously. PUBLIC NCA.RTn�_r, MEE"fIP1G OF JUNE 9, 1975: MOTIOPt by Councilman Fitzpatrick to adopt the minutes as subn�iti:Ed. Seconced by Councilman Starwalt. Upon a voice vote, a11 votirig aye, Alayor tJee declai°ed the motion carrietl unanimously. , ADQPTION OF AGENDA: ' Council��roman Y,ukov�ski sa.id she would like to add the renewal of the motion for the rezoning request by Richard Povlitski. Mayor Nee asked if �chere ��ere any objections to the renewai of the motion and there was no response. P10TIG;� by Councilwoman Kukowski to adept the anenda vrith tr�e addition of �he renewal of the motion for the renewal of the rezoning request by Ricl�arr; Poviitzki. Seconded by Counci�man Star�rralt. Uron a voice vote, ail votin g aye, Mayor Nee declared•the r�otion carried unanimously. QPEN F�RUM, VI5I70RS: MS. Y.AM MFTCA!_F, 850 !�!. t�100RE'LAKE QRIVE, YOUTH PROJECT CO�iMITTEE: Ms. Metcalf addresse� the Cauncil and explainedthat she was a meraber of i.he Youth Project Committee represen±ing the Youth in ±he �ity of Fridley. 5he further explained that the Conyni±tee vaas in the process of formulating a survey which will deal with the activities of th2 committee. She said the coramittee was co��tacti.ng �h� diff�reni groups in the City of Fridley for their ideas on what should be included in i:he survey. She said they w2re concerned with any questions that may relate to tne youtii ��hether these ideas comP from the youth of the communi-cy or the adults. She asi<�d �;.h� Council if they would ]ike the survey to disclose any specific information which should be included. Mayor Nee said Ms. Metcalf talked to most of the members of t��e Councii before her present appeara�ce. Ms. Metcalf said she had tried to reach each of the Council members and was noi able to reach everyone. Mayor Nee said before any survey is circulated, would it be possible for the Council 0 i� REGULAR COUNCIL MEETING OF JULY 21, 1975 to see a copy. Pts. Metcalf said this would be possible. PAGE 2 Ms. P��etcalf••said the Comnittee is putting up posters and.maKing announcements to try to get the young people interested in this act�vity. Councilwoman Kukowski asked Ms. Metcalf if in her questioning, if she would include a question to the youn9 people on ifi they are willing to work with the handicapped. : She said this is somethinq she would like to know. Ms. Metcalf listed a few of the sample questions that would be included in the survey. She asked if the Council would like to include any special concerns or questions. Councilman Starwalt said Ms. Metcalf was not success#ul in reaching him before the meeting. Councilman Starwait pointed out that the conxnittee should consider their needs together with how they will be paid for. He remarked that so many of the youth today believe.that all they have to do is ask for something and they will get it. He said he wouldlike to have the young people aware of the real world that they are living in. Ms. Metcalf sai�� the ccmmittee ��:ould first establish its needs and then go into the possible projects and their funding. Councilman Starwalt said very often the need and ihe cost are not equalized. Ne said he aiould not want this to be a let down becaus.e there is no money. Councilman Fitzpatrick mentioned one possibie question to be that they evaluate the recreational facilities for what is being used and what is needed. Ms. Metcalf said this was to be done. ' Mayor Nee suggested that the survey include some questioning on the interest in community service. Ms. Metcalf said they would try and cover all aspects if at all possibie. Counci.lman Sreider suggested the survey include some information on summer jobs and activities. Ne mentioned the "rent U kid" program and said this may be a feasible and workable thing for the City to try. Hesaid ma.ny people have jobs to have done that would take two to three days. • Ms. Metcalf asked if there were any questions concerning the committee. Councilman Starwalt asked how many members are on the comrnittee and Ms. Metcalf said approximately 15 from the ages of 12 through 18. , Mayor Nee sai.d he did not have any.pe'essinq iho�ights on *he survey, but mentioned when it is completed he tivoul'd like to go over it.. He said at this time he and the other members of the Council might have some suggestions. Mayor Nee suggested they get together before the survey if finalized and Ms. Metcalf agreed to this. ORDINANCE N0. 589 - AP1EPIDING CNAPTER 507 OF THE CITY CODE OF THE CITY OF FRIDLEY '' MOTIOfJ by Councilman Fitzpatrick to t�raive the seco��d reading of the ordinance and adopt the ordinance on second reading and order pubiication. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aYe, D4ayor (�ee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR AN EXTE�ISION 0� ��M�f70RAP,nS�R�I____�lG� I UOQ R LI Mr. Wyman Smith addressed the Council and'pointed out that the matter had been tiabled from the June 16, 1975 meeting and also the July 7, 1975 meeting of the Council. He explained thai he had waited until late in the evening on June 16 and had been on vacation at the time of the July 7, 1975 meeting. ��r. Smith said Mr. Sa}iterman had asked Mr. Smith to speak for him arid he did not attend the current . meeting. Mr. Si��ith recalled that on about �ebruary l, 1975 the Gouncil had passed a resolution to allow Mr. Salitern�an six �nor�ths reservation on a liquor license. He said at this time, Mr. Saliterman was in the process of discussing business with a good northeast restaurant which would have installed a satellite type of establish- ment at the King's Chalet. Mr. Smith said Mr. Saliter��an was assured thatthis would work out but about this time it did not work out. Mr. Smith further expiained after this time a storm hit this area and it was difficult to get the necessary repairs campleted during the ccnstruction strike. Mr. Smith said at this time, they would need some additional time and said they are at about the stage that they were � ' REGULAR COUNCIL MEETING OF JULY 21, 1975 when the first resolution for the reservation of the license was passed. PAGE 3 � Councilman Starwalt brief]y explained why the Council had tatiled the item at the previous meetings. Counc.ilman Starwalt said he wanted to know what �cind of progress was being made in the establishment of tf�e liquor facility. He said he would not '� want the applicant to just be taking up the City's time. Cour�cilman Starv;alt said 1 if Mr. Smith indicated that this was not his intent, he would believe it. Councilman Starwalt asked if there was a firm plan to remodel the facilities or were they just wanting this to be set aside until they de�ermir� who wou]d run the establisnment. � � i i� � � ' � L � � ' L_J Mr. Smith said Mr. Saliterman has a large investment and has suffered a loss because the property is vacant. Mr. Smith pointed out that at the offset of the proposal with the City they were working with a group and they were hoping that this would work out. He mentioned they were going to take care of the remodeling to be in line with their own theme. Mr. Smith said this type of remodeling would have to be done by the people who operate the facility. Councilman Starwalt said it was not firmed up as to who was going into.the business. Mr. Smith said it was not possible for them to give ihe names of those that were going into business at this location. He said they had to trust that their plans would be acceptable. Mr. Smith said this consideration would have to come back to the Councilbefore approval anyway. Councilman Starvralt asked if it is firm at the present time who would be going into business t!�ere. Mr. Smith said the first �roup is entirely out. Mr. Smith said i'^r. Saliterman had asked him to get in touch with the City Co�:ncil and because he thought his time was up on the reservation for the license. Councilman Starwalt questioned what would be happenina after another period of time on this extension. P7r. Smith said it did not cost the City anything to reserve tha license. Councilman Starwait said he had voted for the reservation because he understood there wou7d be an upstanding fully qualified restaurant at this location. Mr. Smith said if this is properly done, it would take time. Mr. Smith said if there was only one license available, he co��ld see the concern for this delay, but said there are others available ard this would take some time on the part of t�1r. Saliterman. MOTIOPJ by Councilman Starwalt to grant an additional six months time from the expiration date of August 3, 1975 for the.r�servation of a-li�uor liecnse for P�ax Saliterman, Kinn's Chalet. Seconded by .Councilman Breider. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ZOf�ING ADMINISTRATOR'S DETER��1IiVATION I�v THE P1ATTER OF THE ZONING OF THE FRONTIER CLUE�; 7365 CENTRAL A�IE�IU�: AND ' � � • RENEWAL OF THE MOTIOP� FOR THE CONSIDER/1TION OF FIRST R[ADING OF AN 0°DINHNCE FOR REZONING FROM C-1 TO C-2, 6Y RICHARD POVLIIZKI, 7365 CE�d?RAL AVEPdUE N. E.: Mr. Mark Haggerty, Attorney for Mr. Povlitzki, said a motion along thelines of reneeval of the original motion would be the proper way to reconsider the first readi*�g of the orc�inance since it had failed. Fle mentioned that the renewal should be considered because of several reasons. He pointed out that Mr. Povlitzki has opened a new liquor establishment in Detroit Lakes t9innesota the previous Friday and had the Frontier Cliib up for sale for the past two and a half weeks. He said according to the determi'nation of the Zoning A.dministrator, a beer establishmert cannot be in this no� conforminy use and if it were sold and rezoned, it would be pussible to . regulate the area more. Mr. Haggerty asked the Council to renew the motion and reconsider the moticn of twa weeks ago. Mayor Nee said it is Councilwoman Kuk.oH�Ski's intent to make a motion to reconsider and he asked the City Attorney if this ��ould be allowable. The City Attorney, said Councilwoman Kukowski was on the prevailing side of the motion and she wouldhave th2 pr2roqative to mahe a motion to reconsider. The , City A�torney said he had thought that ihis could be done at the next meeting and in reading the cemmunication and Robert's Rules of Order, it is said that this had to . be done at �:he same meeting when the original vote was taken. He said this had not been his understanding, but it is quite clear when it is read. He said both the League Information and Robert's Rules clearly state this. He said a motion io renew is different than a motion to reconsider and he referred to the communication from the League of f�tinnesota Municipalities, the last sentence in paragraph three which read, : °To renew a motion, one would simply offer the origina] motion again, as if it had never been acted upon." He further explained the motion to renew may not ' ��\ REGULAR COUNCIL MEETING OF JULY 21, 1975 � PAGE 4 be renewed during the same session in which it was voted on except under special circumstances. The City Attorney said this concern had only been brought to his attention that afternoon and he had researched the question of how the matter would be placed on the agenda. He explained consideration of the renewal would have to be placed on the agenda with a unanimous vote of the Council. Ne said according to the Statutes, the matter should go to the Planning Commission. Mayor Nee said he questioned if the matter could come back to the Council in less � than six months time since it had originally been denied. The City Attorney said this is what his feeling had been also, but the only place where this requirement applies is in the issuance of specia7 use permits and variances. He said it is not a provision in the ordinance far rezoning. MOTION by Councilwoman Kukovaski to renew the considera.tion of the first reading of the ordinance for the rezoning request for the Frontier Club by Richard Povlitzki with the stipulation that all of the recommended stipulations of the Planning Commission be complied with before the second reading on the ordinance for rezoning. Seconded by Councilman Fitzpatrick. Councilman Starwalt questioned the point that the C°ancil would all have to agree to the renewal being placed on the agenda. CouncilwomGn Kukowski said everyone had voted for the adoption. of the agenda with this addition of thc renewal of the first reading of the ordinance. Mayor �lee said this is why he had•asked at that time if there were any objections to this �ein� placed on the agenda. He said the item did properly appear on the agenda with a unanimous vote. Niayor Nee said he believed his objections to this rezoning were still valid and he thought that this area should be local business. He said he did not think this was a qood place for a liquor business. . Councilwoman Kukowski said she would like to see the whole area rezoned. She mentioned Mr. P,ovlitzki has other conmitments. She again said sne would l�.ke to see the Hahole area C-2 and said this would open up the area a little more. She mentioned th�e are t«o to three blocks along Centr°al �venue that would be more suitable for C-2. She said she would rather see this rezoning than blocl:s of empty buildinqs and vacant lots. Councilwoman Kukowski said if the area is not•rezor�ed, she could see that there would be one large empty building that would not be used. Councilman Starwalt asked if the proper�y couid be sold with the present zoning without any problems. Mayor Nee said the new purchasers could do the,same thing as Mr. Povlitzki Mr. Mark flaggerty said if his client was considering purchasing the property he would advise him not to buy it if the zoning would not allow the sale of 3.2 beer even if this use is grandfathered in. Fle said this would be detimental to the seller. He said the property should be rezoned and the area could be rejuvenated. Mr. Fiaggerty stated to have a non-conforming use in an area for 20 years is not proper. He said with the sale of the property, it would make the issuance of the liquor license a mute question at this time. • The City Attorney asked if this property is beinq sold as a 3.2 or liquor establishment. Mr. Haggerty said it is being sold as a 3.2 establishment without any representation that liquor will be sold as this establishment. The City Attorney agreed that the question of the liquor license would be mute at this time. The Cit.y Attorney said the application for the liquor license would be void until such a time when a new application isinade. The City Attoreny asked if the property was being sold stating it will be possible for the buyer to apply for a liquor license. Mr. Flaggerty said no, he is selling on the basis that this is a 3.2 facility. The City Atto.rney asked if the sale arould be conducive on the City's issuance of a liquor• license. Mr. Haggerty said no, not whatsoever. Coucilman Starwalt said he was glad that this guestion had been asked and he further explained he felt the liquor license could not be tied to the rezoning. He said the application before the Council u!ould'not carry over to the new owners. Mr: Haygerty answered in his �pinion, it arouldtibt carry ov�r. Mr. Haggerty again stated the property is being sold as a 3.2 establishment and the liquor license is not being referred to. Ne said the owner wants to sell the facility, lock, stock and barrel. He said it is absolutely �not bein� sold as a liquor establishment. Councilman Star�balt said he did not want the City to get �into.a bind on this matter. Mr. Haggerty said the owner has said he had appliec! for a liquor license but the buyer would knovr that this application would not be in effect and if the new owner would desire to operate a liquor establishment, he would have to make his own applicat-ion. � � �' ' � ' � � ' � � . REGULAR COUNCIL PIEETING OF JULY 21, 1975 PAGE 5 The City Attorney advised tl7e Council that a liquor license is not transferable. He said this would have to be obtained by the new owner. Mayar Nee said his ques�ion would.be io ask the area people in the residential neighborhood if they want a night clu5 at tl�at location. hle sai�' t•�hether Mr. Povlitzki is the owner or not, this use would continued, � . Councilman Starwalt said he had voted fo�° the rezon�ng based on a11 of the data the Councii had received. Ne said he felt this was the reasonable and logical thing to do at this time. He said he was tryin_r, to have t�e use conforming and shape things up properly,. • • Mayor Nee said the non-conforming use question could be solved by getting rid of tfie non conformance. He said to make the use conforming.by. rezoning is not logical because the City has non-coizfor•ming uses ali over the City�. Ne said to make things right, would take a lot of rezoning. The Public Works Director referred ihe Council's attention to action of the Planning Commission at the April 24, 1975 n?eet'ina Gvnere ti�ere Fv�re stipulations listed concerning the approval of the rezoning. He mentioned the park��g would have to Le meet the requirements which would inean additional parking for che seating capacity. He also pointed out that there wiil have to be ad;liti.or.al lighting, landscapirr„ permaner.t curbing installed and berming. He asked h1r. Haggerty �f the .property owner would be willing to go along with tne-stipulations. Mr. Haggerty responded that N1r. Poiclitzki would have to comply whether he did this or made it contingent on the buyer. Councilwoman Y.ukowski asked if there v�ould 6:e a time limit cn meetir,c? the stipulations. Mr. Haggerty recalled that there was a stipulation that the matter be brought back to the Building Standards for consideration of the improvements to the area. Mr. Haggerty stated at this time they were in a state of lir!�bo trying to sell the property as a 3.2 operation ard he suggested that the,pro�erly be rezoned vaith some reasonable time limit bein placed on the re uirements. He mentioned three manths should be � sufficient g 9 time and if it is not scld ir the period of ±ime, ch�s•could be cl�anyed. hlr. liaggerty said Mr. Povlitzki would like to move ir Seti�tember. Mayor Nee pointed out that ihere vaas an aareement made with P�1r. Povli��zl:i for the blackiopping of the parking area in 1969 whic{: was to have b°�r compieted in 1972 and it still is not done. Councilman Starwalt agreed that there is a n�°d for some work in the area. Mayor Nee said he is r�o�c sure that if tnere are stipulations placed on the re�oning that they would be complied with. Mr. Flaggerty responded tnat i:he City has more leverage than it had in the past because anyone looking into the purchase of the prop?rty will note these stipulati�ns. Mr. Haggerty said the purchaser would know if the rezoning is to be completed, the stipulations.would have io be complied with. Mayor Nee commen�ed that once the property is rezoned, there would 5e no way to zone it back. The City Attorney said one thinq that has been done in the past by the City Council has worked out qui�e well. He sugg2sted that the Council adopt the ordirance for the rezoning on the first reacling and adopt the ordinance on second r°ading whet� the property owner has met his obligatior,s and tne ordinance could be hel� on publica.tion until the stipulations have been met. He added, the City could com�lnte the rezor.ing upon tl�e individuul completing the parking lot paving, landscaping, etc. TI-�e City Attorney continued to explain whether the new ovmer or ��r.. Povlitzki ccmpletes these obligations, this could be hald up on second reading. Mr. Haggerty said he had no objections to the reocmmendation of the City A�torney. He said it is fair and reasonable and gives the City Council the leveraqe to say the conditions will be met. Mayor Nee asked what the stipulations would be. The Public Worl;s Directo� said the adequate parking woulcl have to be install.ed, the landscaping, permanent curbing, berming and paving. The Public Works Director said with the seating capacity at 300, based on the criter�a for a restaurant, tf�ere siiould be 110 parkin, sta7ls. Mr. Haggerty said they woul;l either have to reduce the seating capacity or find alternate parking. He said this is what the applicant is willing i:o do. � Mayor Nee asked if the stipulation should state the number of parkin7 stalTs for adequate�parkiny uncler this use. He said if the builidng is the same size, it would ' be possib7e to have mQre people in the building. � II �. RE�ULAR COUNGIL NEETING OF JULY 21, 1975 PAGE 6 Mr. Naggerty said he thought the wording, "adequate" should remain as in the minutes � of the Planning Commission meeting, htr. Haggerty said the new buyer can come to the Council and state their case on what they want. • . The City Attorney said they should meet the code requirements. He said he could see where the reduction of the number of tables and chairs would not reduce the number od people and cars. He said this would give the City Council enough flexibility ta figure out the requirements at that time. Councilman Starwalt said if the requirements , .are not met, the Council would not adopt the ordinance on second reading. Mayor Nee asked if the understanding of the Council was that this would only come � back on second reading after the completion of the stipulations such as landscaping> � setbacks> parking> etc. Councilwoman Kukowski said this should be considered a part of her motion. The City Attorney said he would suggest a letter of understanding with Mr. Haggerty stating the City ofi Fridley would not rezone until the conditions are met. Councilman Breider stated he would like the stipulations complied with b�fore the sale ofthe property. He said it would be better for the buyer if Mr. Povlitzki does the necessary work. �ayor Nee directed t{�e administration to prepare an agreement. UPOP! A ROLL CALL V�TE, on the_motion for the first reading of•the ordinance to rezone from C-1'to C-2, Councilman Fitzpatrick voting aye, Mayor Nee voting nay, Gouncilwoman Kukowski voting aye, Councilman Breider voting aye, and Counci.lman Starwalt voting aye, Mayor i�ee declared the motion carried four to one. � The City Manager asked if the agreement was to be brouqht back to the Council for approval and P1ayor Nee said yes. • FIRST READING OF AN ORDIPlANCE FOP, VACATION REQUEST, SAV #75-02, IOREP! a�ru AvFr1uF �ETt�EEN 3RD STREET AND UNIVERSITY AVEr1UE, 4603 3RD STREET E The Fublic 4lorks Director explained this to be a request for the vacation of a road easement which is not beinq.used as a roadway and'is being maintained by the adjoining property owners. Mr. Sobiech said at the May 21, 1975 meeting of the Planning Coc�nission they recomnended approval of the request H�ith three stipulations. . He read the stipulations from the minutes of that meeting. The Public 6dorks Director continued to explain that the applicant would like to make an addition to his home which would bring the setback on the side closer than the minimum standards to 46th Avenue. He said his alternative would be the vacation of the easement with the understanding he would retain the property and make application for the building permit. Mr. Sobiech said there were no objections voiced at the Planning Commission meeting or at the City Coucnil Public Hearing. Councilman Starwalt said as a matter of information, the two property owners will gain additiona1 property. He said assuming this is adopted, additional taxes would be placed on the property because of the increase in size and value of the property. He said the property would not be given to the adjacent property owners, they would be paying for it indirectly through the payment of taxes. The City Attorney said the City is not giving away property that is owned by the City. He explained the City has not been the fee owner of the property, it was just in control of the roadway easement. He said if the City does not want to use the road this easement is vacated and the property goes back under the control of the adjoining property from which it had been dedicated. He said the City would not be giving the property to the� people. MOTION by Councilman Fitzpatrick to waive the first reading of the ordinance and adopt the ordinance on first reading. Seconded by Coucnilwoman Kukowski. Upon a ' voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIRS7 RcADING OF AP! ORDINANCE FOR REZONING REQUEST ZOA �75-03, BY CITY OF FRIDLfY � ��nnr� Tc Tn� FRT�IFY_ REZONE FROM M-2 TO C-2� 3720 EAS7 RIVER ROAD: rvn uw�.u�`_ - - . The Public Ulorks Director said the pr.operty in question was originally P+l-?_ and was required by the City for a building used as a tavern and liquor store. He said at this time it v�as zoned to P.• The City decided to get out of the liquor business at this location and sold the property with the agreement tha.t the property would be rezoned to conform to the existing use. Ne explained that the previous use, M-2, does not perinit or does not specifically prohibit the present use of the property. He explained, normally the property zaned P will rev��rt back to the original zoning. . __ -___ _ ! � . � . � ' � � , � � � � � REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 7 . MOTION by Counciiman Fitzpatrick to waive the first reading of the ordinance and adopt the ordinance for the rezoning request l0A #75-03 for 3720 East River Road an first reading. Seconded by Councilwoman Kukowski. Upon a voice voi.e, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINAPICE AMENDING THE CITY CHARTER OF THE CITY F FRIDLEY: Counciln�an Breider said this consideration may take some time and suggested that the.Counci] come back to this later in the agenda and take care of other matters people may be present for. ' Mayor Nee suggested tliat this item be taken care of after item #16. He asked if there were any objections and there was no response. MOTION by Councilman Breider to delay the discussion on the Charter Amendments uniil afier number 16 on the agenda. Seconded by Councilwoman Kukowski: Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE P1IfdUTES OF TFIE PL/�NNING COt�1MISSIQN P4E-TING OF JULY 9, 1975: MO7ION by Councilvroman Kuko!aski to receive ihe min�!tes of the Planning Commission. meeting of July 9, 1975. Seconded by Councilman Breider. Upon a voice vote, a1i vating aye, P4ayor �!ee declared the motion carried unanimously. , APPROVAL OF ANIMAL PATROL CONTRACT WITH METROPOLITAN ANIMAL PATROL SERb'ICE, INC.: . -' The Public Safety Dir2ctor, Mr. James Hill, explained that there was a representative from M1�PSI present at the meeting to a.nswer the Council's questions. he indicated there is an increase in the fees in the proposed contract. P+lr. Hi11 explained that his supervisor concerned with this type of services had reviewed �he contract and his com�ients were submitted to the Council in form of a memo wl�ich appeared in the agenda and is self explana.tory. -He said.his sunervisor indicated he thought the fees were reasonable and Mr. Hill said he also thought they �vere reasonable. �1r. Hill said the City had some difficulty +n�ith the previous contracto'r and had hired f�1APSI. The Pub�ic Safety Director continued to comi?ient•that the previous contractor, B& E • Patrol, was bought out by MAPSI and is the only business of this type in the area. • The Public Safety Director said the City feeis in the last. yeai° that•MAPSI has provided excellent service. P1r. Hill said the staff has looked at other systems such as the one in New Brighton and he is not ready to recommend this to the Council. He mentioned there are many problems wi±h this type of system and he would not v�ant to replace the satisfactory service that the City is receiving at this tiine. � � � � �. Councilwoman Kukewski noted in item #�14 in the contract, yeterinary service is referred to. She asked the extent of this sei°vice and the charge for it. A representative of MAPSI �xplained that the veterinarian comes by every ciay. Councilwoman Kukowski asked if she could tour the facilities. The representative said this would be possible at any time without an appointment. He said it is a very interesting operation. Councilman StanNalt asked the representative what the biq�est problem is that he faces in business. The re�resentative said generally it is the people who are not obeying the law. Fle said there are very few licensed animals unless there is a speciai program. Councilman Starwalt asked if the representative could recommend a special program to the City of Fridley and the representative said he would be happy to do this. He said he has done this for other conmunities. Ne mentioned there is a prograir. in Cleveland and they have 20�� of the problems of any other City its size. Mayor Nee said he felt a program of this type would be very constructive. . The Pub1TC Safety Director said they had not discussed the change in fee. He asked if the $10 impo«nding fee was about average. The representative said the average fee is $15. He explained that the City of Minneapolis had a first day fee of $15.65 previously and had changed their fee to 535.15 if th�e animal is picked up the first day. He said in Minneapolis reclaim rate went down 2� when the fee doubled. The Public Safety Director said it would be possible to increase the fee, but he questioned if thiswould lower .the percentage of dogs reclaimed. The representative of MAPSI said the City of Fridley reclamation rate is about 45%. He said the minneapolis rate is 36% and some have as high a rate as 90°0. The Public Safety Director said it could be changed from $10 to $15 . Mayor Plee suggested that the fee for a licensed dog be $10 and $20 for an unlicensed. The Public Safety Director said this is possible, but questionetl the double jeopardy. Mayor Plee said if the dog is licensed, it is easy i� REGULRR COUNCIL MEETING OF JULY ?_1, 1975 � • " PAGE 8 to locate the ownerand this would cut the adminstrative and boarding costs. The representative of MAPSI said this would give an added fee on 80% of the do.gs reclaimed. He explained about 20% of the dogs that are picked up and reclaimed are licensed and 80/ of those reclaimed are not licensed. Councilman Stawalt said part of the success of Roseville`s in having licensed animals is that the fee is so large for those picl:ed up without a license. The Public Safety Director sug9ested the following languaoe, "$10 for dogs currently licensed and $20 for dogs unlicensed". Ne asked if this would cover any animal. Mayor Nee questioned if there is a license f.or cats. The Public Safety Director said section six could address any animal that is picked up. 7he City Manager said this section coul�heePdbliceSafety Qhrecto9�saidathedimpou�dings' "the impounding fee set by the City". fee is not in the ordinance. Councilman Fitzpatrick suggested that the $10 be required for animals with e license and �15 ior those without. Mayor Nee asked if the firm picks up other things besides dogs. The representative said they pick up all kinds of aniri�als and said they h°d even picked up an alligator. The City Manager said it vaould be in order to.approve the execution of the contract and the appropriate language would be provided by the administration. MOTION by Coune;ilwoman Kukowski to approve the execution of the animal .patrol contract, with Metropolitan �nimal Patrol Services, Inc. Seconded by Councilman Starwalt. Councilman Fitzpatrick asked if an unlicensed dog is picked up , would the owner be tagged for this violation. The Representative said no. If they follow a dog to a house, and it is noi licensed, the peopoe thellicense9and bot Wssuetaetag,to them up, they pay the impounding fee and pay people for havinq an unlicensed at 1arge animal. Mayor Pdee asked if MAPSI people or the police issue the tags. Mr. Hill said the people at �1APSI issue them. The Public Safety Director explained that 43 tags were issued t1�e p�°evious year for license violations. He also explained when they are picked up the owner must show proof of a current rabies vacination and if this is not current, the MAPSI people vacinate the dogs and see that they are licensed. Ne said when they come out they are vacinated and licensed. Mr. Nick Garaffa asked if the contract were arproved, would it be possible far the firm to place an advertisement. in the paper on what dogs are picked up. Mayor Nee questioned themethod of description of the do�s. The representative of P��PSI said they pick up from 156 to 180 dogs per day and may be 30 of these dogs would resemb1e GermanSheperds. Ne said this would be a grea� expenditure and he really did not think that this would serve the purpose. He said tr��ing to describe animals is very difficult and they can't talk. He said the only avay to Geter�ine if someone's dog has been picked up would be for them to come down and see the animal. He recalled at times people pick up an animal in the street, so it will not oet hit ard take it to another co�nunitv to their home and call the service. Mr. Hi11 said he had talked to another individual from�MAPSI that had told him that the man of the house had visited t,he firm to picl: up a dog and could not teli which of the dogs was his own and had to get his children to come and identify the dog. Mr. Hill asked v�fiat the volume of ynimals t{��hea��umane Soc�ietyhand thisedoesrnotnta- tive said 23,OOU are put to death early by include MAPSI. Mr. Garaffa asked if the dogs are tagged to indicate wha.t area they are picf:ed up qn. Tfie representa±ive explained that each dog oi° animal that comes to 4�lAPSI receives a number� which will never be used again. He said out of the 35,000 animals that they have handled in the last f�w years, they would tell someone what has happened to each and every animal. UPON A VOICE VOTE, all voting aye�, Mayor Nee declared the motion carried unanimously. � Mayor nee said the language chanyes would be handled administratively. CONSIDFRATION OF LETTER 0� AFPkECIATION fROM THE CITY COUNCIL TO 7HE 49'ERS COF4t�1ITTEE: MO7ION by Councilman Breider to adopt the letter of apprecial:ion from the Gity Council to the '49ers Cor�nittee. Seconded by Coutic:ilman Starwalt. Upon a voice Vote, all votirg aye, Mayor Nee declared the motion carried unanimously. , I i i� � REGULAR COUNCIL MEETIPJG OF JULY 21, 1975 TION OF ACCEPTANCE OF OUTLOTS F, G, H, AND PART OF OUTLOT PAGE 9 J The Public Works Director briefly explained the background concerning the acceptance of the outlots. He said the improvement has been approved and the property owners agreed to the assessments at the public hearing on the project. He said this improvement con- sisted of roadwa.ys and utilit�es. He said tfiey are willing to dedicate the roadway depending on the development of the area. MOTION by Councilman Fitzpatrick to approve the acceptance of Outlots F, G, H, and Part of 0utlot C, Great Northern Industrial Center, Fridley. S2conded by Councilman Starwalt. Upon a voice vote, a11 vot9ng aye, Mayor Nee declared the motion carried unanimously. The City Manager asked if the City has an understanding that they will complete the water loop and provide the cul e�e sac. The Public Works Director said yes, it is their intent to do so. • DERATI01� OF RE`JISION OF P AST RIVER ROAD: 6Y MERICAN COR?02ATION FOR INT� ION OF 79TH_WAY The Public Works Director explained that at the June ]1, 1975 meeting of the City Council, the Council approved the variances required fer development for 7gth and East � River Road contingent on a number of stipulations•. He pointed o'ut in the letter from Mr. Calsvell, Meridian, they do not have any problei� with most of the stipulations adopted by the Council with the exception of the stipulation cancerning access on East River Road. He said this stipulation would eliminate any access onto East River Road. He said the representative of Ireridian had approached the City and asked them to cor�e up with a suggestion. He said he and others in the Engineering Departmert had talked to the County officials corcerning the modificatior, of the 79th and East River Road interseci:ion. The Public Works Director said �vhat was suggested by P4eridian was 1:hat ingress and egress be provided to allow exit into the right turn ]ane to the north only. Mr. Sobiech said he had talked to Anoka County about this suggestion and • it was decided that egress from this area could not be tolerated because of the problems on East River Road together with the signalization proposed. He further explained with the construction of.the medians and turning lanes, this wi11 not allow egress , in this area. ,'�e said the staff recommends the approval of the ingress in this area . with all egress being on 79ih. Mr. Sobiech said Mr. Nordale was present at the meeting and he ha.d said he wouid try to approach the leasee about this suggestion for egress only. He said it was the understanding that the leaser would not agree to the egress onl�+. He said another � factor to consider was: tha.t the deceleration lane on the west.erly por+ion of the property woald have to be deveioped by Meridian because the County and the City are not ready to start modifications at this time. The City P1anager said there should b2 two additional stipulations. The first is � that f-ier^idian pay for the ins�.allai.ion of the right t-urn lare and secondly, that they dedicate property for the right of way in the northwest corner for the right turn �novemant. The Public 6Jorks Director explained that tfiis �°ight of way appears . on some maps at ihe present time a.n�! the roadway d�es cross over the corner�already. The Public Works Director said this would be needed for additional easements for � future improvements. Playor Nee questioned if there wds any sense to talking about the conditions until they obtain so�ne play back from �'r�r:idian. The representative said this is why he was present � at the meeting. Mr. �tordale said he was speaking for Meridian and said with the � traffic conditions in the area, he thought the access on East River Road and egress on 79th w�uld be acceptable. He said he fel� th�t this would be approved by the leasee.• He said he would be agreeable to the easement and the construction. Mayor Nee asked if the deceleration lane coul� be extended back. Mr. Rordale said he was willing to work out what has to be done. Mayor P;ee asked the Public Works Director if the physical aspects of the construction would prev.ent anyone from exiting on to East River Road: The Public Works Director said this would be very close for turning and will close off the south bound lane with medians. He said this construction wculd be similar to the construction at East River Road and ^9ississippi S�reet. t+layor fdee asked if the desired effect couid be obiained ur*il the installation of the median. The Public Works. Director again explaii�ed that it would be physically difficult to make the turn from the ingress lane. Mayor Nee said he would be willing to support these conditions and stipulations, 0 � 1(1 i � . � �� REGULAR COUNCIL MEETIfvG OF JULY 21, 1975 . PAGE 10 7he City Manager said the City Council would have to amend the stipulations to allow ingress from East River Road with the two additional stipulations. He said if the applicant cannot live with this, he could comP back to.the Council. Mayor Nee said he is opposed to an exit on to East River Road, but the entrance would not be this serious. Mayor Nee suggested the Council be polied for;approval of this item and the administration prepare sufficient documentation and bring this back for formal Council approval. Councilwoman Kukawski asked when the signal would be installed. The Public Works Director said "not shortly". He explained that the City Council has adapted a resolution indicating their intent to modify this intersection and this would depend on the FAUU program. Councilwoman Kukowski asked when this cor,struction would be completed. The represent- ative said if the Council approved che request, censtruction could begin in 60 days. He said this is four months later than wh3t they would have liked to get started. The representative said they would prefer that the Council process.t�e request at the present tim�. Mayor Nee said he felt that the amendments shou1d be dealt with specifically in a documented form.. The Pub]ic Works Director said it would be in order to approve with a motion tc include the stipulations. He said they would like to proceed. ,He mentioned the City staff had talked to the County concerning this intersection. Mayor Nee asked if the ded;cation of the land for th�e roadway in 79th would be cne of the stipulations. The Public Works Director sa�d yes. He continued to explain the City wouid also need the dedication of additional property along the entire westerly portion of the property for the deceleration lane. N1r. fdardale said he hac! not understdod this. He said he would have to take this matter under advisement. He said this woultl be a great deal of lenqth and frontage and they would have to consider it. Mayor Nee said this matter was really noi in shape to take action �n at the current meeting. Councilwoman Kukowski said she would agree with the proposed usage and stipulations. ' Councilman Starwalt sa.ir.i he ��eul:1 also agree. Councilman Breider said he would agree as long as there is a deceleration ]ane. Councilman fitzpatrick said he would agree with �he new proposal. The Public A�orks Director asked if there should be a letter of understanding. Mayor Nee said there seems to be some confusion and disagreement with the dedication of the land and other factors. He advised the Public Works Uirector to get this down on paper. The Public 4iorks Director asked for clarification that the Council ��ould allow the ingress fror� East Rive�° Road, but not the egress. Mayor Nee said this was correct. COPlSIDEP,ATlON OF A RESOLUTIOh ORDERING IMP?OVFP�9EfvT, FIPlAL PLANS AND SPECIFICATIONS AND ESTIf1ATES OF THr COSTS THERtOF: STORhi SEWER Ih1PROV[ME�1T PROJECT �118: . ' The Fublic Works Director pointed oui the area of the proposed imp��ovement to be north of Qenjamin to 60th and to tie into the existing storm sewer on Oakwood Manor. He said this improvement wou1d elirninate the collection of storm sewer water in the low area on Qenjamin �treet. He said *here are several alternate rolls. He said they would be discussing the originai roll and Alternate F v+hich would provide piping from Benjamin along the pr�operty lines to the low area where the water collects. He said there was some objection ta both alternatives. He said it was suggested that they prepare anothe�� alternative which would �ipe from the driveway where the catch basin exists through the yard at 5950 Benjamin, following the terrain to the law area. He said he would recommend at this time that this alternative be approved which would be approximately $2,170 based on the fact that the City of Fridley would d:o the . work. He said with this final proposal, the people of the area would be assessed and the money would be taken from the City's general funds.. Councilman Starwalt asked if Council action to install a system on privaie property using general funds would set a precedent. The Puhlic Works Director said in order to settie the matter in a negotiated method, this would be in order. Councilman Starwa1t asked if this would be a permanent solution and the Pub�ic Works L)ir�ctor said it would not. ' CoUncilman Starwalt asked why the determination would have to be made concerning the � , ' ' t , � � � REGULAR COUNCIL MEETING OF JULY 21, 1975 . 1� ; PAGE 11 ' escrow funds because of this solution. Th^ Public tdorks Director said the hscrow money could only be held for a reasonable amount of tiine and if the temporary system isinstalled. Ne questioned if from a]egal standpoint thcy could continue to hold the funds. Councilman Starwalt said it is very difficult to put a time limit on the development of the area. He said it could not be determined at this tiine how the area will develop. He mentioned that other cfevelapers in the area had been required to escrow money. The Public Works Director explained that what they were talking about was escrow money, not pending assessments. He said if there is a project pending, this should 6e followed through in a reasonabie amount of time. He said this would be tite difference between pending and escruw. The Public Works Director said Mr. Miller, I�ir. 0'Bannon and ��1r. Harris, all in this area have escrow accounts. Council- man Starwalt said from the legal standpoint, it has not been determined liow long the money can be he1d. 7he Publ.ic Works Director said the opinion of the Attorney General's office said this should be a reasonable length of tiine. He said this would have been a 1972 pro�ect. He said the time is running oui. The City Attorney advised the Council that the State Statutes are silent in this point and do not say any specific tiine period. He said the Council had ordered the project but not issued the contract. He added accor�ling to the llssistant Attorney General, when tye project is ordered, it becom�s a�,�nding assessment and has to be completed in a certain amouni, of time. tie questioried what the legis'ature int2nded and said he did not think the City er Fridley was in complete coinp�iance. Ne said" if tiie City ��ras challengecl in cou�°t, I�e would not guarantee successon the part of the City. � Mayor Wee asked what project order°d in the im�rovement• 7he City Attorney responded � that the project was ordered in and only a portion of it vaas constructed, h;e said the entire project actually siands. He said �•�hen it came to letting the project, only a portion of the area was completed. The City Manager said this is true, this is a part of a large drainage area. He said 1 a smell area was deleted from the large drainage district. He explained the boundaries of the large district. He said the"assessments wpre on?�! levied on the area where the improvement was a benefit. The City Manager further explained tnat if the assessment were to have been figured over the entire area, this would have been divided equally � ihroughout the district. Ne said because this h�d t7een divided into a small subdistrict, they will face a hiqher level of assessments. The City ^lanager furth�r explain2d that the improvement at that time would have included the acquisitionaf tne easements and the ' filling in of the 1ow property to tie into the storm sewer. He explained there had ' been some discussion concerning the developmFnt of the area and sorae on the Council and some of the residents of the area feel ther� will not be any development in the back parcels. He aiso mencioned that sorne individuals have voiced the thought that . they may want to develop the back lots. The City Manager said he feit this would be setting a precedent. He said this kind of thing has never been done before. Ne said at first there was to have been an expenditure of about $1,000 to take care of the problern and now the figure has come up to $2,000 with out the inclusion of the labor costs from the City personnel. Tl;e City Manager mentioned the assessment ra*e for this improvement to be $8.66 and said this would be the highest assessment rate in the City and he questioned if the value of the property taould be increased in a comparable amount, He said this would bring about some problems and he thought $3 and 5Q might be more realistic. The City Nlanager briefly explained the three alternative proposals to �he Council. Councilman Starwalt said he was not prepared to vote on the project in at this time. He said there are too many unknowns at this time and he would rot want to vote in a$20,000 project. Councilman 5tarv�alt said if the solution could come from a nominal and reasonable arr�ount of costs to be taken from the general fund, he could be in favor of this. He nientioned if Fir. Erickson would come back to the City and want additional work done he would like to alleviate this possibili:ty at thE current time. He said he would want this system to suffice until the other people of the area are ready to develop their land or complete the improvement project. Councilman Starwalt said he would not want the escrow accounts jeopardized. Ne added, he thought the City should just take the chance that someone would no.t take the City to court to see if the method'is right and proper: Councilman Starwalt said at the current meeting the Council was to vote on whether or not to vote in Project #118. ' He said perhaps they should stick with th�s. Councilman 6reider said this item has been on the agenda a number of times and they had talked about the pros and cons. He mentioned years ago there had been a$5Q,OQ0 system proposed for this area which had not beeri developed. He said he reali7ed there '� �2 . REG�LAR COUNCIL MEE7ING OF JULY 21, 1975 PAGE 12 is a problem, but he was not in a positionto order in a$20,000 improuement at this time. He said he would favor the installation of the lesser expensive alternative that had been proposed for this area. Mr. Erickson asked why the system couid not be placed on the property line rather than cut through the center of his yard. The Public Works Director said they were talking about a system that would onlv: be three feet deep. He said because of the terrain, if this would be placed on the property line, this would be a much more expensive system. He said with the current proposal, they would not acquire any easements. He said he thought this system woul.d function most of the time. Mr. Erickson questioned �f this would require maintenance and he would have people working in the center of his yar�. Mr. Ericl<son said a great deal of dirt would be washed into the system and there is still the possibility of the system freezing. The City Attorney asked if the sys�em could be done in the same way by following the property lines. The Public Works Director explaired this would be impossible becau�e of the terrain in the area. He said this would necessitate a deep construction and he questioned if it would ta�e the drainage•to the proper location in the low area. Mr. Erickson said he was told that this may freeze. He questioned the alternative that had been discussed previously with tP�e in.stallation of the rock. The Public ltorks Direetor said currently they are discussing an underground system and the one Mr. Erickson was referring to would be an over grourd system. Mr. Erickson said this would overflow with every rain. Ne said no system would hold this amount of water. The PubJic �dorks Director said this would be a temporary system. Mr. Erickson said the maintenance of tt:e system would have to be conducted in the middle of his back yard. He said this could be run on the proper�ty line where it would not disturb the property. Ne asked what would happen if thie pipe is plugged. The Public Works Director said this would have to be a deeper system. He also stated the system would have to go down Qenjamin and would not follow the swale. Mr. Erickson said he did not think there was too much difference. Councilman Breider said he woUld like the Council polled on ��hether they would accept this kind of proposal and said if so, the Administration couid work wii;h Mr. Erickson for a satisfactory soluiion. Mayor Nee explained to t�r. Erickson that the City would make a.n offer something like had been propo�ed at the current meeting. He said no one in the area would be assessed� for this system. . The City Attorney said he agreed wiht the suggestion of Councilman Breider in that, the details of the system could be worked out with the staff and the property owner. Councilman Star�,�alt ment;oned Ptr. Erickson had said that �the City was not askir�g him his opinior� or the system and he said he would like to take care of the details of the plan the current evening. Councilman Starwalt mentioned that everything that is sug�ested by the City is rejected by P9r. Erickson. Mr. Erickson said he had suffered a high property loss and he had escrowed $1,000 for a storm sewer system. He said the City had suggested that he put up with the water in the low area and dedicate easem°nt besides. He said he thought this would be quite a high price when this was nat his mistake.. . � Councilman Sta nvalt said he was not sure that the City had made the mistake. Councilman Qreider said he did not agree. He said the n�an has a problem and the City would have to tell him what they are going to do about it. He said he would not want the storm sewer project at this time, he c�id feel tnat this would be the answer. He said he felt the Council should say they are going to do something like tfe iast proposal. Council- man Breider said the City would have to qive P�ir. Erickson an answer. Mayor Nee said the proper order would be to consider the resolution and if it fails, the sys`tem would be put in out of general funds for a partial and temporary solution. He said the question vrould be to put in the system that was being discussed or adopt the resolution for the improvernent praject. Mayor Nee asked if there was a motion far the adoption of the resolution for project #118 and there was no resnonse. Mayor Nee asked if they would be taking action on the original proposal or Alternate f. Councilman Starwalt said he thought the $20,000 pro�osal was the one being addressed in the resolution. He said he was prepared to vote against this proposal. Mayor Nee said if no one make a motion, this proposal would fail. Councilman [ireider said he Le.d a problem accepting the proposal that if the $20,000 project is not ordered at this time'thai: the Escrow money �vould not be held. He � . .. ....... .... .. . ....... ... . ... ._. . . , � . � � I3 ' ' REGULAR COUPICIL MEETING OF JULY 21, 1975 PAGE 13 questioned if the City Council could determine that there would never be a pV`ojec� in this area. The City Attorney said the money was in escrow because a previous City Council has done this is a previous action. ' Mayor idee again explained that if the members of the Council are opposed to the � improvement, they did not have to make a resolution to adopt. Council�^loman Kukowski •asked how the matter would be disposed of. t�tayor Nee said if not adopted, it would be disposed of. '. Mayor IVee asked if there was a motion to adopt the resolution and said if there is not a motion, the consideration is dead for lack of a motion. � , ' ' � � ' L.J � ' � Mayor Nee asked if there was a motion for the adoption.of Alternate F and there was no response. MOTION by Councilman areide�° to instruct the A.dministration to work y�ith Mr. Erickson and the adjacent property owners for a plan to construct a system of piping to the lovr area and that this cost be taken care of by general funds and that the plan be brought bacl: to the City Council for approval. Seconded by C�uncilman Stari�aalt. Upon a voice vote, all voting aye, Mayor Nee declared t.he motion c.arried unanimously. Mr. Erickson said he �vould like to work out something reasonable. He thanked Councilman Breider for getting something moving on the consideration. The City Manager asked what would be done with the escrow monies or pending assessments. The City Attorney said no action had been taken on this matter. The City Manager said the escrow money is unrealistic. Ne mentioned in some cases it is $3 per 100 square feet and tP�e preseni: need is over $8. Mayor Plee said there had not been any motion to delete the previous project. The Ci'ty Manager said the problem will not go away when the Council takes no action. Counr_ilinan areider said the escrow funds may be needed to take care of future storm sewer improvement. He said if someone would file suit, the City could say that they anticipate a future storm sewer improvement. The City Attorney said the City Council should kncw thc Administration will be under some pressure because this is not resolved. Ne said all the Administration could tell the people is that the City Council did not w�sh to discontinue their original action.. He said a project has been ordered in and there is no immediate plan for construction. He said the Administratian ��ould do what they can to hold the City's position. Mayor Nee said if no action is taken in this line at the present time, the money would have to remai n i n escorG�a. Councilman Breider asked if the City Attorney could be able to put up with the heat. The City Atiorney said he thought he vaould face it. Ne mentioend they would have to live with the situation created by previous Council. He said if there is going to be a higher assessn�ent rate in the future, the City can,assess the additional amount. Councilman Starwalt said the amount being collected at the present, time may be increased or recinded in the future. He asked if the City Council could take action at this time to take care of the praper assessment. The City Attorney said he did not know hoti•a to direct the Council at this time to deal with this problem. The City Manager said the assessments would have to be equalized in the future and if there is any change in the cost over the nroject that had been ordered, they would have 'to hold another public hearing. He said there would have to be another hearing because of the increased costs. He said if they had noted a specific cost of the p�°oject and the cost is increased substanially, then this would have to be brought back to the people. • The City Attorney said as a legal matter, this is not required, but as a moral obligation, the City should. The City Manager said there is a question of the benefit to th e property. Mayor Nee � asked if he meant the realining of the money. The City Manager said they would have to do something because the escrow would not cover the cost of the improvement. He said if someone would take the City to court, it might have to be relea.sed. �J � Mayor Nee said if the CIty would, loose such action, perhaps the money should be released. The City f�1anager said the City Attorney fiad mentioned the City's chances would not be too good in court. Mayor Nee asked if Mr. Erickson would receive the money, if it was released. The City h1anager said Mr. Erickson would not get the escrow money, it would go to th2 previous owner of the property. Mr. Erickson said it would go to the former owner of the property from the mortrage company. The City Manager said 'he would like,to solvc:, the prob]em and not bring it back to the Council again. ,�,--� REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 14 CONSIDERATION OF IMPROVEP•1ENT: STREET IMPROVEMENT PROJECT ST. 1975-1 ADDENDUM #3, SIVERTS LANF : Mayor Nee called for a motion on the street improvement and there was no response: Mayor Nee asked if there was any d.iscussion concerning this matter. The Public Works Di.rector said it was mentioned at the Department Head meeting that perhaps the City should obtain an agreement concerning the maintenance of the street being done by the people of the area. ' The City Attorney said there may be a need for a letter of understanding. The Public Works Director said if this improvement is not approved, the City would no longer perform the maintenance of the unimproved roedway. The City Attorney mentiorred that there had been a question raised if the City of Fridley r:a�= receive some claim if an adequate job of snow plowing was not done and an ambulance or fire vehicle 4aould not get into the public road because the City is not maintaining it. Councilman Breider directed his comments to Councilman Starwalt and mentioned that the people in this area have their own well and sewer systems and they had put in their own road�. He said they are payir,g their taxes to the ity and not receiving any s�rvices for this. He said he appreciated the action of the City t�anayer that something should have been done about the ir�G�rovement of the roads. He said at the present time he - felt this would be a hardship for many people and questioned if the people who would have to pay for the back lots �hat are not split would receive any benefit from this improvement. Councilman BReider• said he thought the City staff could run in the area in the winter months and keep the road operi for the people. The City Manager said the staff would take care of the roads. He mentioned that the improvement would be brought back to the Council in th e future and every delay would increase the costs in the improvement. He mentionedthe Council is very hard on the departments at budget time. � The City Ai:torney said the City should plow the road in the wnter months, but some agreement should be obtained from th� }eople of the area that they obtain their own summer maintenance or reimburse the City fior this. ' Councilman BReider said he did not think the City could sa;� that they would not go up there and plow the road open. The Ci�V Attorney asked ��r'�.at. would happen in a bad snow. Coui�cilman Starwalt said the policy of the.City is to provide such maintenance and plotiving for the improved streets. He said just because it is going to cosC the people some money to put in the improvement they are in favor of rejecting the idea. He questioned what would happen in the City if.everyone had determined they did not want to bear the cost and the City would ha.ve to take care of many unimproved roadways. Councilman areider mentionedthe peaple living on 69th Avenue and questioned if the benefit could be shown for these people. Ne also mentioned the parcel of pronerty to the east and asked ��ho would be pici<ing up the assessments for this parcel. Council- man Starwalt said the people on 69th own a developable parcel of lan�l. Councilman Starwalt asked if the City could plow the road on a continuous basis. 7he City Manager said this q��.estion could be resolved administratively. Mayor Nee a�:ked if there was a moti�n for the adoption of the resolution and there was no response. CONSIDERATION OF APPROV{IL OF RESOLUTION P,ND AGREEMENT BETIdEEN MIh�dESOTA DEPARTMENT OF HIGHWAYS, COUNTY OF ANOKA AND CITY OF FRIDLEY FOR TRAFFIC SIGNAL IMPROVEMENT AGRE[- e,ernir nin ronnn . � � The Public 4Jorks Director pointed out ±he signals on the map on page 14-G of the agenda. He explained the existing controls would be removed and new traffic control signals with street iigi�ts would be installed at the intersection of Highway #65 at West Moore Lake Dri�e and Central P,v,enue, Mississippi Street and Highway #65, West Moore Lake Drive-Ricz Creek Road, and Highway H65 and Osborne Road. The Public 4Jorks Director said this would require more maintenance �n the part of the City. Mr. Sobiech said the signals would be sequence signals and the total participation of the City would be $13,912 and the total amount has been budgeted for the current year. MOTI�JN by Councilman Starv�alt to adopt Resolution No. 121-1975 ap!�roving the agreement between the Plinnesota Department of Highways, County of Anoka and City of Fridley for traffic signal improvement in Agreement No. 5&009. Seconded by Councilvaoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, _ __ - _ _ _ _ _ _ _ __ _ 0 � � � ' . � � 1 r , � REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 15 75 CONSIDER/1TION OF A R[SOlUTION CPNCELLI�IG SPECIAL ASSESStrENT FAYM�NTS DUE IN 1973 ON LOTS 3 AND 4, aLOCK 2, NAYES RIVER LOTS: Councilman Breider questioned if the City i�ad an agreement to pay the assessments on Minder's lots. Playor flee said he belie��ed that the seller was to pay to a certain point and the City to pay the remainder. Councilman Breidei° said he did not understand the taxes. Mayor Nee asked the Finance Director if the City had agreed to pay the assess- ments. The Finance Director said the propert" o�^!ner was to pay the assessments up until 1972 and the City s��as responsible for tr�e remainder. Councilman Breider mentioned thatthe Islands of Peace was to be a topic at the upcoming discussion meeting of the Council liad he said he would like to tab]e this consideration until after all of the aspects had been di.scussed. MOTION by Councilman Breider to table the consicleration of i;he resolution cancelling the special assessment payments due in 1973 on Lots 3 and.4, Block 2, Hayes River Lots. Seconded by Council�voman Kuko��i�si. UPon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. COtiSIDERATION OF FIRST REAUIi�,G OF Ah ORDINIIPlCE Ah1ENDItdG THE CITY C�lARTER OF THE CITY D10TION by Cou�tcilwoman Y.ukot�ski to adopt the first readi�g of the ordinance amending �' , the Cit,y Charter of i:he City of Fridley in the tit•le down to the baord�'ng; '�The changes are as follows". Seconded by Councilrnan Starwalt. llpa� a voicz vo�e, all voting aye, Mavor Nee declared ihe motion carried unanimously. MOTIOiV by ro+�nciiman Star��ralt to adopt the first readinq of the ordinance in Section ' 2.03, paragraph o, ELECTED OFFICIALS as proposed. Seconded by Counciiwor�an Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec.lared the motion carried unanimous]y. 1�10TIOtJ by Coucnilman Starti��alt to �;opt the fii°st reading of the ordinance in Section ' . 2.06> repealing Section ?_.0�. Seconded by Coucniiwoman Kukowski. Upon a voice vote, all voting aye, Mayor i�lee declared the motion carried unanimously. L� ' � � MOTION by Coucnilwomun Y.ukoti,�ski to adopt the first reading of the ordinance for , Section 2.Q6A, repeal�ing Section ?_.06A. Seconded by Councilrna�� Stai°wal+. Upon a voice vote, all voting aye, f-iayor Nee declared the motion carried unaninously. MOTION hy Councilman Star��falt to adopt Section 2.06, a number change from Section 2.07, i�1ayor. Seconded 'oy Cour:ilman Bre�ider. U�on a t�oice vote, all voti��g aye, i�ayor P�ee declared the motion carried unanimously. P10TIOi� by Coucnilman Starwalt to adopt the first reading of the ord�nance amending Section 2.07, a number change from 2.08, Salaries and Expenses. Seconded by Councll- woman Kukowski. Unon a voice vote, all voting aye, Ma,yor Nee declared the motion carried unanirr�ously. MOTION by Councilman Fitzpatric�: to adopt the first reading of the ordinance amending Section 2.0£3, paragraph 2, Investigation of City Affairs. Seconded by Councilman Starwalt. Upon a voica vote, all voting aye, Mayor iren declared the moticn carried unanimousl�. MOTION by Councilwe+nan Kukowski to adopt the first reading of Section 2.0° a Section � number change from Section 2.10,,lnterfere��ce VJ1tIl Administration. Seconded b� Council- man Starwa1t. Upon a voice vote, all voting aye, Playor tiee deciared Lhe motion car-ri2d �, unanimously. � ' � MOTION by Councilman Fitzpatrick to adopt Section 4.03 on first reading, Primary Elections as recommended. Seconded by Coucnilman Starvialt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Attorney brought up a point concerning the language of the proposed amendment. • He said the 4vording should be that if there are one or two r.o.ninees for each elective cffice and he questioned if the lar�gua�e would read if tfiere ��ras oniy one r.ominee for the elective office svould there be a primary. Fie said this language should be cleaned up. He said he thought the idea of the amendment was a fine one, but he did not like the way it was written. The City Attorney sugcested the Council pass the first reading and send it back to the Charter Corrsnission for this minor.modification. Councilman fitzpatrick asked if the language was intended to mean two or fewer. Council- man Breider said the Cour.cil could not change any language. P1ayor Plee questioned if the item should be sent back. The CIty F.ttorney again questioned a�liat would be the case if one person f�led. _ __ _ . . � { REGULAR COUNCIL MEETING OF JUtY 21, 1975 PAGE ]6 7he Finance Director said the section could be adopted so it would not appear on the ba7lot. The City Attorney said the Council could ask the Charter Commission for modification in the language ar�d he thought on this *,.ype of change they would concur. Mayor Nee said he would call for a vote on the concept of the amendment with the suggestion that the language be modified. MOTION by Counc�ilman Fitzpatrick to auopt the first reading of Section 4.05, Judges ; and Clerks of Elections. Seconded by Courcilman Breidei°. Upon a voice vote> all voting aye, Mayor Nee declared ti7e motian carried unanimously. MOTION by Coucnilman Fitzpatrick to adopt Section 4.08, Canvass of Elections and Taking Office. Seconded by Councilman Starvralt. .Upon a voice vote, all voting aye, Mayor Nee declared tf�e motion carried unanim�usly. MOTION by Cuuncilman Starwalt to adopt the first reading of the or�iinance to amend Section � 5.02, Expenditures by Petitioners. Secanded by Counc�lman Breider. Councilmar Breia�r said he ��ould like to interject his co+nments. Councilman Breider said he is going to vote aqainst the motion because the City Attorney had advised the Council that the offense under the State Statutes that this is determined to be a r.;isder.;eat?or. He said what is trying to be done could be done in another way. 1'he City Attorney said he questioned if the City Council would have the authority to change this since it was done by State Legislation. Councilman Breider said he felt this section should go back to the Charter Cominission for a better suggestion. Mayor Nee said he agreed that the dollar amount should be included. Councilwoman Kukowski said she was prepared to vote against the amendment. Cou��cilman Fitzpatrick asked if this section should be amended at all. UPON A�%OICE VOTE, all voting nay, Ma,yor Nee decla�°ed the MOTION FAILED UNAPdIMOUSLY. MOTION by Counrilman Breider to adopt the first reading of the oruinance in Section 5.08, Inititive 6allots. Seconded by Councilman Starwalt. . Councilman Qreider said he would be �oting against this amendment because he thought this is one item ti�at should appear on the ballot. He said the voters should have the right to say yes or no on this item. UPON A VOICE VOTE, all voting nay, Mayor Nee declared ihe motion F�ILED UNr,NIMOUSLY. MQIIQN by Coucnilman Breider to adopt the first rea'ding of the ordinance amending Section 5.19, Penalty for Falsely Attesting to any Signature on a Petition. Seconded by Councilman Starwalt. Councilman 4reider said he would vote against this section being amended, He said he felt this should be returned to the Charter Conimissian. He also mentioned the second . paragraph could be dealt with i�� pamphlet form rather than giving the circulator a section of the City Charter. He said he was not sure that this should be done by means of the Charter when it :ould be done on an administrative level. Councilman Starwalt said he agreed with the statements of Councilman Breider, but -` he felt the.last paragraph could stay in the Charter. Councilman Breider said by putting this in the Charte�° is putting undue pressure on the circulators. He said . if the Charter says this must be done, this just allows for another way to technically violate the law. Councilman Starwalt said many people are not even avaare that the City Charter exists. He fclt this would be one way to make them aware of the ' Charter. ' Councilman areider said if he �vas to.circulate a petition and call 50 people for a three hour session on the criteria that would have to be mety if the Charter is amended, and they are educated, this would not be sufficient. Councilinan Starwalt - said when they v!ere speaking of giving copies of the Charter, he.felt this would mean the original five people on the petitioning committee. Coucnilman Breider quoted the Charter amendment and said "each circulator" must be given a copy of this section of the Charter. He said the Charter criteria would not meet the criteria of the law. The City Attorney said he did not think it dic. ' � Coui�cilman Starwalt said he thought it would be okay to send this portion �� the I'� I amendments back to the Charter Co�lmission. Councilman areider said he thought this � section would have to be done in a more suitable manner. Councilman 6reider said this '; type of thing should be handled administratively through the Finance Director's office. � ' � , . � 11 I � � , C� , ' ' ' �� REGULAR COUNCIL MEETING OF Jl1LY 21, 1975 PAGE 17 19 UPON A VOICE VOTE, on the motion to amend Section 5.9, all voting nay, Mayor Nee declared the MOTION fAILED UNANIP40USLY. ' MOTION by Councilman Breider to adopt the first reading of the ordinance amending Section 6.04, Subordinate Officers. Seconded by Councilman Starwelt. Mayor M1lee said he has had a problem with this section because of t�yo conflicting " views by the League of Women Voters and the Fridley DFL. Councilwoman Kukowski said she approved of the amendment. She explained that the City Attorney should basically work fo.r the Council. She said she felt the Ciiy Council could evaluate the work of the City Attorney better than the City Manager. Councilman Breider said he took the opposing view.. Counc�lman Breider said he felt very strongly that the City Attorney should be accountable to the City hlanager as evei°y other adi�iinistrative office is. He mentioned that the City Cotmcil does not have a day to day experience on the genera] administrative aspects. He said he felt it would be a handicap to the City Manager to not be able to determine tvho his legal people are and who he is going to work with. Councilman Fitz�atrick said he did not feel thai, there was a great deal of difference between the legal counsel and the other a.dvisory people the City hires such as the City Engineer. He said the City hires the City Attorney,to give the City technical advice and he should be �-ppointed by the City Manager and approved by the Council. Councilman areider said the amendment is dually responsible for the method of appointn�ent of the City Httorney and the Prosecuting Attorney. He said currently the Prosecuting Attorney is Carl Newquist. Councilman Breider said th� Prosecuting Attorney has to work directly with tf;e Police Department and the City Council would ha�•e no way to evaluate his performdnce. Councilman 6reider brought up the point that some people say the success of the Prosecutor is measured by the number of cases that he wins. He questioned ±his criteria by saying some Prosecutors will not take any cases they are questionable about wir.ning. He said this type of circumstance is very bad for the police officer's moral. He again said the City Council has no way of evaluating, this has to be done by the Police Department. Mayor Nee said there had been some very profound thirking expressed at the current meeting. � Councilman Star�•aalt said he did not think the amendinent would solve the problem. He suggested tl7at this be sent back to the Charter Commission. Councilman Qreider said it had been discussed ay tiie Charier Cormmission and he felt that it wouid not need any more consideration by i;hem. Councilman Breider said if the City Ceuncil does not adOpt this amendment, he felt that it shou]d b� placed on the ballot. , � UPON A VOICF VC7E, Ma.yor Nee votinq aye, Councilman areider voting aye, Councilmai� Stai°walt voting aye, and Councilman Fitzoatrick votinc aye, and CounciTwoman � Kukowski voting nay, Mayor Pdee declared the MOTION FAILED because it lacked a unanimous vote. ' , MOTION by Council�voman Kukowski to adopt the first reading of the ordinance for Section 6.05, Purchases and Contracts. Seconded by Councilman Starwalt. Councilman 6reider said he would vote in favor of this Charter Amendment because he felt the current Charter language had been �vritten 20.years ago. He mentioned the raise in the cost of living since that tir.ie and thought the �5,000 vrould be more realistic. The Finance Director said this amendment had been suggested because the State Statutes allow expenditures up to 55,000. He said the City would still require receiving two , quotations. He mentioned that the auditors hold the City to what the State Statutes say. He said this is spelled out with the State for purchases for municipalities. r The City Attorney said this amendment would put the Charter in line with the State Statutes and �n line with what all other m�anicipaliti�s are authorized to do by law. Mayor Nee said he felt this determination should be made by the people. • The City Manager said they had received the opinion from the City Attorney and the infor-mation that the City is going by the State Statutes. He mentioned that the City ]R I REGULAR COUNCIL MEETING OF JUI:Y 21, 1975 PAGE 18 was able to make purchases up to $1,000 with no additional quotation, but.it has to receive quotations up to :i5,000. He said there would still be some restrictions. Mayor Nee said he felt the City Charter could be more restrictive than the State Statutes. The Finance Director said the City,had received an opinion from the City Attorney on this some time ago. He asked if this was available. The City Attorney said he could not recall the opinion. Mayor Nee said he would go along with the $2,000 or $3,000, but questioned the $5,000. UPON A VOICE VOTE, Co�•ncilman Breider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Council��aoman Kukowski voting aye, and Mayor Nee voting nay, Mayor tQee declared the motion FAILED FOR LACK OF A UNANIMOUS UOTE. MOTION by Councilman Starwalt to adopt the first reading of the ordinance for Section 6.06, Coniracts, How Let. U�on a voice vote, Councilman Star��!alt voting aye, Council- man Fitzpatrick voting aye, P4ayor Nee voting nay, Council�•�oman Kukowski voting aye, and Councilman Breider voting aye, Mayor Nee declared *he motion FAILED FOR LACK OF A UNANTMOUS VOTE. MOTIOPd by Cou��cilman Breider to adopt the first readirg of the ordinance amending Section 7.02, Power of Taxation. Seconded by Council�•�oman i:ukowski. Councilman 6reider said he �•�as going to vote in favor of the amendment because when the State reconstructed the market value this vdould have cut one half or one third and suggested amoi�nt is more in line raith what the needs of the City are. UF�f,' A VOICE UCTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION b,y Councilman Breider to ad�;:i, the first reading of the ordinance amending Section 7.02, Section 6, Power of Taxation. Seconded by Councilv:oman Kukowski. Mayor Nee said he saw �rhere the revenue in this secl:ion,had to be adjusted but he did not agree that the "personal property" should be eliminated. He said he did not feel that this should be taken from the tax base. The City Attorney said the State limited the authority of the Cii.y to tax personal property. The Ci.ty Attorney questioned if there are any taxes collected in the city from eersonal property. The Finance Director said in some instances, maciiinery and public utilities are taxed. He said i;he City does not have the personal property tax base as it once had. Ne said this would only apply to the lirnited iteins such as signs. T.he Firiance Director said there is not a separate tax base for personal property. He said it would have to be one way or the other. The Finance Director said there is no tvay that the State Statutes could be changed. He qu�stioned �f this pa�t could be laid over. UPON A VOICE VOTE ON THE MOTION, al? voting aye, Mayor Nee declared the motion carried unanimously. (P�ote: Later ir� the discussion, this question WdS split in two parts on this section of the amendment.} The City Attorney stated he felt this question should be div�ided in this section. MOTION by Councilman areider to reconsider the motion amAnding Section 7.02, Section B. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee said the question was before the Council again. MOTION by Cour�cilman Breider to delete the portion of Section 7.02 B, "and personal". Secondeci by Counciltvoman Kukowski. Upon a voice vote, a.11 voting nay, Mayor Plee declared the h40i•ION FAILED UNANIt�iOUSLY. MOTION by Councilman Breider to adopt the first reading of the ordinance in Section 7.02, B, to chanye 30 mill limitat�on to 16 mill 1in�itation. Seconded by Councilwoman Kukowski. Upon a voice vote> all votiny aye, Mayor Nee declared the motion carried unanimously. _ _ _ _ ____ ` � ,`. , � � , . . ' � � � , i , � , � � r ' � � � REGULAR COUNCIL"MEETING OF JULY 21, 1975 PAGE 19 ]9 MOTION by Counci7man Fitzpatrick to adopt the first reading of the ordinance amending Secan°Kuko�skby cUpon1a�vo�ceavoteE9a11�voti�g aye,�Mayo�fPdeeVdeclaredCtheemotion�carried wom unanimously. MOTION by Counci1�r�oman K�kowski to adopt the first reading of the ordinance amending Section 7.04, paragraph 2, Preparation of Annual Qudget. Seconded by Councilman Star�valt. Upon a voice vote, all voting nay, Mayor tdee declared the motion FAIL[D UNANIMOUSLY. MOTION by Councilman Star��+alt to adopt the first reading of the ordinance in Section 7.05, Passage of the Budget. Seconded by Councilwoman Kukowski. Councilman Breider asked why there was a recommendation for an amendment which would extend ti�e time limit. Mayor Nee said because this is the way that it is always done. The City Manager sa.id this would be a realistic schedule. He said the City would not know vahat they ��ould be getting in aid before this time. He said the present time schedule �s ��ever fo17o{;��d and it is unrealistic. He mentioned the City al�days presents a balanced.budget and if they were not asvare of the revenue side, they c�u1d not prepare the expense side. P�ayor Nee said this is what the pract�ice hasl�eallowstfor�the adminesiration to know this is right. He said w7th the amendir,ent,. the amount of money that they have and then they spend it. The City Manager said they would have to know what they have to present a balanced budget. UPO� A VOICE VOTE, all voting nay> h^.ayor Nee deciared the motion FAILE� UUANIP4CUSLY. MOTION by Council��loman Kul:owski to adept the first reading of the ordinance for Section 7.09, Levy and Collect�on of Taxes. Seconded by Coucnilman Starwalt. Upon a voice vote, all votin� nay, �AYOR NEE DECLARED THE h10TI0N FAI�ED UNANII�10USLY. MOTIOf� b,y Councilwoman Kukowski to adopt the first reading of the ordinance for Sectior� 7.14, Accounts anc{ Reports. Seconded by Cour.cilman Starwalt. The Finance Directolt�dpbefore publicationoulNerstatedtthatethereuditedureport co�uld want the report aud not be done before April because ihe �udit is not a;i;lnb��thist�+as notean audmtedione that this year the report had been �ub1ished by A�� statemen�. Councilr�ar areic!er asked hoti�; long it takes to get the statement audit.ed. The Finance Director said the auditors work in many places and there is not one place that they work from ti�e beginning of a statement to the end of it. The Finance Director said the City does not have an audited report for the past year. He explained that this is unusua,llv late and they usually have the audit before P1ay. Mayor Nee said tThe�Fi�ance�Dii°e�toreagreedathat�ibeis��reall�yf�ottnecessaryeSbut it publishing it. is nice to have it audited befor:^ nublication. I'�1ayor f�lee asked if through the audit, there is ever any changes in the report or statement. The Finance Director said there are minimal char.qes. He said the �uditors do not al��rays look at things i.he way the � Adntin�stration does. Mr, Qil'1 Scott asked if there is a notation made on the audited report where changes are made and the Finance Director said yes. Mayor Nee said the reTfietF9nanceSDprectoresaWdUthen�hangesgare�m�nima�tenHe saidUhe discredit the City. would rather publish an audited report and say that the'report is audite . UPON A VOICE VOTE, Councilman Starwr��yor�NeegvotingC�ay,�andnCouncalwoman1KUkowski Councilman Fitzpatrick voting nay, voting nay, Mayor Nee declared the motion FAILED, four nays and.one aye. MOTION by Councilman Fitzpatrick to adopt the first reading of the �Seconded byend�ng Section 7.17, Debt and Tax Anticipation Certificates, Sect�Ma or)i�ee declared the Councilwoman Kukowski. Upon a voice vote, all voting aye, Y i motion carried unanimously. � Ln REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 20 MOTION by Courcilman Breider to adopt the first reading of the ordinance amending Section 8.05, Public tdorks: How Performed. Seconded by Councilman Starwalt. • The City Manager said this section is being recommended for adoption to allow the ', provisions to be in line with the State Statutes. He added, if the Council desired, � the Ad:�inistration would bring back a report on the way that this is being done. Mayor ' Nee said he felt the City c�uld have stricter regulations than the State. UPON A VOICE VOTE, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Coucni1man 6reider voting aye, Councila�oman Kukowski votin9 aye, and Mayor Nee voting hay, Mayor Nee declared the motion FA�LED FOR LACK OF A UNANIMOUS VOTE. MOTION by Councilman Qreider to adopt the first reading of the ordinance amending Section 10.04, Power of Reyulation Reserved. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Nee declared the motion ca.rried unanimously. MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending Section 10.05, Rates and Charges. Seconded by Councilwoman Kukowski. Mayor Nee said he did not know why thisamendment was '�ing suggested. He stated that the only franchisees that the CIty has are Cable Tele,ision and the Gas Company. The City Attorney said he may have suggested this amenc.ment to.give broader coverage. He said he had questioned if t�e Cable Television system could be determined as a public utility. Mayor Nee said this would exempt the phone company ard Not°thern Stabes Power Company. He said they cannot obtain a franchise inthe City of Fridley. The City Manager said this would go i;nder'the provision of public utilities. Mayor Nee said if the ordin<nce is ac'opted, pu�lic utilities would be stricken and franchisee would be put in its place. Councilman Fitzpatrick said he believed the amendment should read both "public utilities and franchisees". Councilman Breider said this section should be sent back.to the Charter Commission for revision. . UPON A VOICE VOTE, Councilman Starwalt voting aye, Councilwoman Kukowski voting nay, Councilman areider voting nay, Councilman Fitzpatrick voting nay and Mayor Nee voting nay, Mayor Nee declared the MOTION FNILED, one a,ye and four nays. MOTION by Councilwoman Kukowski to ado�t the first reading of the or°dinance amending Section 10.06, Provisions of Franchises. Seconded by Councilman Starwait. Mayor Nee said he agreed with the suggested wording of the Section heading of Section (b). Councilman Breider said he felt the entire section should be sent back to the Charter Cormiission. . UPON A VOICE VOTE, all voting nay> Mayor fJee declared the NCTION FAILED UNANIMOUSLY. MOTION by Councilman �reider t� adopt the first readinq of the ordinance to amend Section 10.09, Public Hearings. Secanded by Councilwoman KukoGVSki. Upon a voice vote, all voting nay, Mayor Nee declared the motion FAJLED UNANIff�OUSLY. MOTION by Cou�icilman Fitzpa.trick to adopt tne first reading of the ordinance amending Section 12.07, Vacation of Streets. Seconded by Councilwoman Kukowslci. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman �itzpatrick to adopt the first reading of the ordinance to amend Section 12.11, Tenure, Powers and Quties of Present Officers, deletion of Section. Seco!�cl.^_d by Councilwoman Kukovrski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Courtcilman Fitzpatrick to adopt the first reading of th ordinance to amend Section 12.12, a number chanqe to Section 12.11. Seconded by Councilman Star,•�alt. Upon a voice vote, al� voting aye> Mayor Nee declared the motion carried unanimously. MOiION by Gouncill�;oman Kukowski to adopt the.first reading of the ordinance to amend Section 12.13, Existing Ordinances; Regulations, Eioards and Commissions, an number change from Section 12.13 to Section 12.12. Seconded by Councilman Starwalt. Upcn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i ' x; r; . r � � � � � ' � REGULAR COUNCIL MEETING OF JULY 21, 1975 ________ - , ---. : i `L 1 I PAGE 21 MOTION by Councilman Starwalt to adopt the first reading of the ordinance to amend • Section 12.1�4, Pending Condemnations and Assessments, a number change from 12.14 to 12.13. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, . Mayor Nee declared the motion carried unanimously. The City Attorney said on November 16, 1969, he hzd prepared a meinorandum concerning a legal opinion on the matter of purchases by municipalities and their regu.lation by the State. He said in this opinion, it states that the State will overrule what the individual municiralities Charters require. Ne said the State provision for the expenditure for $5,000 would be upheld. He said this opinion had been obtained from the Attorney General's office. Councilman Breider said he did not really think this section should be given a dollar amount bui: should read "expenditures will follow the State Sta.tutes". He said this could be changed every few years. � • ' , � , � ' , � 1 r--, IJ The City Attorr�ey said the City would have no pov��er of enforcement at all if this was in the Charter. Mayor Nee.said this inclusion would be meaningless if the State provisions overrule the City's requirements. Councilman Starwvalt said he felt the Charter Coimn�ission should be advised of this fact. P�ayor Nee sai.� he ��ould be willing to withdraw his nay vote on this matter if it would changE the situation. He asked the City Attorne�f to talk to the members of the Charter Corrunission. He said the City Charter should conform with i:ne State Statutes and this reference should be deleted if it v+ould have no effect at all. Mayor Nee said he 1NOUld not object to this portion of the Charte�° being cleleted if this would simplify the Charter. Councilman Breider said he thought this would make seiise. The City Attorney said the only purpose that the inclusion of this informati�n would serve is to inform anyone reading the Charter ho�� these types of matters are handleci. , R[SOLUTION t�0. 123-1975 - AUTHORIZING AfdD DIRECTIPJG THE COhiQINI�IG OF SPECIAL ASSESSP�iENTS ON LOTS 1?_ A�D 13> i;LOCK P. PAPC�L 3475> Af�D LOT 14, BLOCK P, PAPCFL 34n0, RIVERUIEW HEIGHTS 11DDITION: MOTION b,y Councilman Breider to adopt Resolution No. 123-"1975. Seconded by Councilwoman Y.ul:oGVSki. Upon a voice vote, all vot�ing aye, 61ayor Nee declared the motion carried unanimously. RESOLUTION N0. 124-1975 - AUTHORI7I?;6 FlfVD DIRECTIPdG T{i� CONRINING OF SPECIAL ASSESSMENTS ON LOT 32, PARCFL 35'70, AfVU LO_f 33,_PA(2C[L 3575, uLOCF: P, RIVEPVIEv; HE_____IGHTS A�D?TION: P10TION by Councilman [3reider to adopt Resolution No. 124-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, I✓ayor Nee declured the motion carried unanimously. ' RESOLUTION N0._125-1975 - AUTIIORIZING AND DIRECTIfiG THE COi�iC�IPdII�G OF �LOCY.�P,pRIVERVIEWs ON LOT 42, PARCEL 3620; LOT 43, Pr�R.CEL "3625, AIdULOT 44, PARCEL ��3J, HEIGHTS ADDITION: MOTIOP! by Council�nan f3reider to adopt resolu�ion No. 125-1975. Seconded by Cou�Cilwoman Kukovaski. Upon a voice vote, all voting aye, f�1ayor Nee declared the motion carried \ unanimously. RESOLUT'ION N0. 126-1975 - AUTHORIZING FlND DIRLCTING THE COPI6INING OF SPECIAL ASRIVERVIE4J nN inr 4�. PARCEL 3635, LOT 46, PAkCEL 3640, AfiD LOT 47, PARCEL 3645, BLOCK P, MOTION by Councilman areider to adopt Resolution No. 126-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. RESOLUTION NO OP: LOT 1 , PAf2 K�ko�skby CUpon�anvoiaeevote,talld�otingSayet�Mayo� P�!ee7declaredsthenmotion carried�oman unanimously. � � , � � ti . � � � � s3 � , t: � i , �� r; �� RE6ULAR COUNCIL MEETING Of JULY 21, 1975 PAGE 22 RESOLUTION N0. 128-1975 - AUTHORIZIP!G AP!D DIRECTING THE COM6INING OF^SPECIAL ASSESSMENTS MOTIO�d by Councilman Breider to adopt Resolution No. 12�-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor '!ee declared the motion carried. unanimously. RESOLUTION N0. 129-1975 - AUTNORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENT� ON LOT 7, PARCEL 3695, LOT 8, PARCEL 3700, AND LOT 9, Parcel 3705; aLOCK Q, RIVERVIEW HEIGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution PJo. 129-1975. Seconded by Cour?cilweman Kukowski. Upen a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 130-1975 - AU?NORIZING AND DIRECTIP!G TIiE COMBINIPdG OF SPEClAL ASSESSMENTS .,.—� ,,, � �,- �� nnrr� �o�n —iinm t nT �Z �oGf'Fi—tR7�_ RI (1f.K (l. RIVERVIEW HEIGHTS MOTION by C�uncilman Breider to adopt Resolution No. 130-1975. Seconded Uy Councilwoman Kul:o�vski. Upon a voice vote, all voting aye, f�1ayor Nee declared the motion carried unanimously. RESOLU7ION h0. 131-1975 - AUTHORIZIPJG AP!D DIRECTI�lG THE COMQINIPIG OF SPECIAL ASSESSMENTS MOTTGN by Cour�cilman Breider to a�:opt Resolution No. 131-1975. Seconded by Councilwoman kukuwski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 132-1975 - Al;TH0itI7_ING AND DIREC?ING THE COM[3I^!TNG OF SPE�.iAL ASSESSMENT`. ON LOT 50, PARCEL 3915, ANC LOl'S 51_ NND_52, PARC�L 39'L0, BLOCK Q, RIVERVIEU! NEIGHTS ADDITION � MOTION by Cour�cilman areider to adopt Resolution No. 132-1975. Seconded by Courc�lwoman Kukowski. Upon a voice vote, all voting�aye, Mayor i�ee declared the motion carried unanimously. RESOLUTION N0. 133-13'5 - AUTHORIZING AMD DIRECTING THE COf�iBIfdING OF SPECIAL ASSESSMENTS ON LOT 1, AND LOT 2, 6LOC1: R, PP,R�ELS 3925 AND 3930, RIVERUIE41 HEIGHTS ADDITION: MOTION by Councilman Breider i:a adcpt R<;solutio�n No. 133-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting �ye, P-1ayor P�ee declared the motion carried unanir�ously. RESOLUTION PJO. 134-1975 -.I�UTI�ORIZIh1G AND DIRECTING TI1E COP1BI��ING OF SPECI°,L ASSESSMENTS ON LOT 5>;��ID LOT 6, PARCELS 3G45 RPJD 3950=f3LOCK R, �;iVERVIEId NEIGHTS ADDITION: �10TION by Councilman areider to adopt Resolution "!o. 134-1975. Scconded by Councilwoman Kuk�wski. Upon a voice vote, all voting aye, hioyor fdee declared the motion carried unanin�ous 7y. � P.ESOLUTTON N0. 135-1975 �- AUTHORIZ�IP2G AND CI.°.ECTIf;G� 7HE.CON,6IPlING OF SPECIAL ASSESSMEPlTS ------------------- ---_ ___ --------------- - — ON 9 AND LOT 10, f'�RCELS 3965 /;P�D 35370,_aLOCK i:, RS�lE_RVIE4J HEIGHTS ADDITIOfd: , MOTION by Councilman Qreider to adopt Resolutior PJo. 135-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor �ee declared the motion carried unanimously. • RESOLU7ION N0. 136-1975 - AUTHORI7_IPlG AND C1RECiIPJG THE COM6INING OF SPECIAL ASSESSMENTS ON LOT 39, PARCEL• 4115, Af�D I.O1 4U PARCEI 4120> 6LOCK R,,RIV[RVEIW H[IGHTS ADDI7ION: MOTION by Councilman Breider ±o adopt Resolution No. 136-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all votiny aye, �4ayor Nee declared the motion carried • unanimously. RESOLUTION NQ. 137-1975 - AUTFfORIZING A?!D DIRECTIC;G TNE COM3INING OF SPECII�L ASSESSMENTS ON LOT 53, PARC[L 41II5, AND L'J1 54, FARCEL 4190, E3LOCK R, RIVERVIE4J HEIGHTS ADDITION: 0 � � � � , � � ' � � � 1 ' � � � " � REGULAR COUNCII MEETIPlG OF JULY 21, 1975 PAGE 23 �� MOTION by Councilman Breider to adopt Resolution No. 137-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 138-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SP[CIAL ASSESSMEPJTS ON LOT 37 AND 3B, PARCEL 4380, AP;D LOT 39, PARCEL 4385, aLOCK S, RIVERVIEW HEIGHTS ADDITIOPJ: MOTION by Councilman Breider ±o adopt resolution iro. 138-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion�carried unanimously. RESOLUTION N0. 139-1975 - AUTHORIZING AND DIRECTIPdG THE COP�i6INING UF SPFCIAL ASSESSMENTS ON LOT 44, PARCEL 4410> A�1U LOT 45 AND 46, PARCEI_ 4420, BLOCK S, RIVERVIEW HEIGHTS MOTION by Councilman Breider to adopt Resolution P;o. 139-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unaniinously. RESOLUTION Nv. 122-7975 - AUTHORIZING AND DIRECTING THE COMDINING OF SPECI,4L ASSESSMENTS ON LOT 49, PARCEL 4a35, AND LOT 50, PARCEL 4440, CsLOCI; S, R N ERVIEt�J HEIGHTS ADDI.TIUN: MOTION by Councilman �reider to adopt Resolution (Jo. 122-1975. Seconded by Councilwoman Kuko��JSki. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unaniinously. APPOINTMENT: CITY EMPLOYEF: NAME POSITIOf�I SALARY EFFECTIVE DP.TF REPLACES Janet K. Dewis Administrative �1035 July 7, 1975 Peter Herlofsky 8477 Regent Ave. N. Assistant per Apt: k202 month Brooklyn Park, Minn. 55443 � MOTION by Councilman Starwalt to approve'the appointn�ent.of Janet K. Lewis as Adrr�inistrative � Assistant effective July 5, 1975. Seconded by Councilwoman Y.ukov!ski. Upon a voice vote, all voting aye, P1ayoi� Nee declared the motion carried unanimously. LICENSES: . BILLARDS 6Y � APPROVED QY FEE .� Fridley Fun Center Thomas L. Suggs Public Safety Dir. $40.00• 6440 University Aventie Nealth Inspector FOOD ESTA(3LISHMEt�T ' Club 47 Alyce Simonson Health Inspector 24.00 6061 University Avenue _ Tire�City Incorporated Rodger Wedell Health Inspector 25.00 � 5333 University Avenue Lindquist Cake Decorating James Lindquist 24.80 and Supply (pro- 5247 Central Avenue rated) �LIVESTOCK Jack Habel ' Jack Habel Health Inspector 5.00 6025 3rd Street.N. E. Building Inspector • VENDING MACHINE Creative Hair Inc: Val Hachow Health Inspector 15.00 6574 University Ave. , Shars Snack Bar Stanley Tvedt Health Inspector 15.00 5209 Central Ave. •� . � ; � ,� L� REGULAR COUNCIL MEETING OF.JULY 21, 1975 LICENSES continued VENDING MACHINE Skywood Hallway 5251 Central Ave. Standard Oil 5311 University Ave. SERVICE STATION Standard Oil 5311 University Ave. . BLACKTOPPING Fairfax Asphalt, Inc. 6699 aShton Ave. N. E. Fridley GENERAL COf�TRACTORS 6Y Star�ley Tvedt Barbara Brown Barbara 6rown John Pfaff Corrmercial.Erectors, Inc. 814 S. 9th Street P1inneapolis Mi�e 0'Bannon Lloyd's Home Improverent 4911 4th Street N. E. ColumL�:a 'le��hts Lloyd Graczyk HEA7ING 0'arier� Sheet P1eta1, Inc. 1010 Currie �ve. _ Minneapo�lis Douglas Hayes Swenson Heating & Air Conditionir�g 6700 W. �roadway ' Minneapolis Douglas Swenson APPROVED BY Health Inspector Deputy Fire Chief Health Inspector Deputy Fire Chief D. Clark D. Glark D. Clark 6. Sandin B. Sandin PAGE 24 FEE 15.00 15.00 30.00 MOTION by Councilman Breider to approve the issuance of the listed licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all vating aye, Mayor Nee declared the motion carried unanimously. The Public 4Jorks Director pointed out on Page 35 of the agenda that the license under Food Establishment, Lindquist Cake Decorating had not heen approved by the Administration He explained tha:the Department of Agriculture ha¢ issued a license to the operGtion, but according to the City ordinance, ti�e applicant is required,to have a three compart- ment sink or a two cmpartment sink with a drain board. He painted out that the establishment has on ly a one coi��oartn�ent sink. He said the r,ules established by the City of Fridley had been established ��aith good reasoning and he asked the Council for some direction on the issuance of the license. The City Attorney said he had been involved ivith this question for the past few day�. He said'the State has said that th� operation has a license and that they do not need a City license. Ne also pointed out that the State says the City cannot adopt any rules or regulations that are not consistant with the State. He said the State does not have any specific language on sinks. He said there is a question of whether the City ordinance should be enforced. Ne said Eie had recornmended to the Administrative staff that the City not hold up this man from going inio business Uecause of this type of situation. He again stated that the State has said that the applicant does not need a City license. and questioned if the City wo!!ld be in jeopardy by not allowing him to go into business. Ne said if the City AdministratTOn wants to challenge the State Uepartment of Agriculture by issuing a citatiori for operating without a license this would be possible. He said the City could reeeive a declaritory judgement to deter�nine if he needs a City license The City Attorney said it is his feeling that the City should not issue the license but allow the man to go into�business. He said if any further steps are taken, this should be done between the City of Frid'ey and the Agriculture Department. � 0 � REGULAR COUNCIL MEETING OF JULY 21. 1975 �� PAGE 25 ' Councilman Starwalt asked if the business is a cake decorating school. The Public Works Director said this is a bakery where some cooking is done. The City Attorney said all he had heard is that this is a bakery. Mayor Nee asked what was the basis of the law that was being discussed, he asked if this was by the City or the State. The City Attorney explained that the City has an ordinance requiring the installation of a three compartment sink or a tvro cnipartment sink with a drainboard. He added, the State said that this is nat needed foi° bakeries. He further explained that the State distinguishes between restaurants and bakeries. The City Attorney said 'the Department of Agriculture said thisis not required and the State has issued the man a license. The City Attorney said the State and the.Deputy Attorney General have both said that the man does not need a City license to operate the business. Mayor Nee questioned if the City should be so hard on the.sinall busin�ss man. The City Attorney said theCity's Health Inspector fee1s tha� the State requirements are not adequate and that the City ordinance is more acceptable. The Public Works Director said the City's ordinance is consistant with all of the adjoining comrnunities. The City Manager said this includes P4inneapolis and St. Paul. The Public bJorks Director said the City Fiealth Inspector had requested an opinion from the Food and Drug Administration and their rep1y based on a 1962 study was a recommendation for a three compartm°nt sink. The Public Works Directoi� said the Administration is trying to enforce vrhat they believe to be correct." The City Attorney said with all the time spent on the question, the City could have bought a threecom�artment sink. The City <<lanager said his recon��endation would be to not approve the issuance of the license and allow the man to operaie. Mayor fJee said the City could not tell the man to go ahead and issue him a ticl:et for this. Councilman Breider said he thought the City should talk to the Department of Agriculture on this question rather than the bakery owner. • Mayor Pdee said the licens� has been issued by the Council unless someone moves to � reconsicler. There �^ras no re��ponse. ._ The City Attorney said the State would have to get in line with the municipalities if the State has preem�ted this requi'rement: He said thisis going to come up with other adjoining corranunities. ' The City Manager suggested that the City of Fridley combine thei�° efforts in this , respect with the other adjoining communities. Mayor Nee asked the City Manager i:o ��,�rite a letter to the Department of Agriculture and ask them to revie�,v this requirement conflict. ' � Councilman Breider asked if the question was a matter of poTicy or law. The•City Attorney said the la��a states that the City cannot adopt any rules 1:hat are inconsistant with the state. He questioned what would be consistant. P�ayor ��c:e said he did not feel that the individual should be taken to court on this matter. The City 1�ianaeer said no one would be sued. � ESTIMATES: � Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 FINAL Estimate P�o. 2 for furnishing of Professional , . Engineering Services for planning Sanitary Sc:�ver> i Water and Storm Sewer Improvement Project tdo. 116 I� ' Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For furnishing of resident inspection and resi�dent supervision for the staking of the following construction work: $ 1,753.71 i � I� 26 REGULA� COUNCIL MEETING Of JULY 21, 1475 PAGE 26 , PARTIAL Estimate Plo. 7 for Water, Sanitary Sewer and Storm Sewer Irnprovement Project No. 116 ' from June 7 through July 5, 1975 � �•Z1 ' PARTIAL Estimate No. 19 for Sanitary Sewer Improvement Project No. 114 from May 30 through June 21, 1975 $ 280.25 Peter Lan�etti Construction Co. 615 Drake Street St. Paul, Minnesota 55102 . PARTIAL Estimate No. 5 for Sanit.ary Sewer Improvement Project No. 113 (Central Ave. Relief Sewer) $ 28,448.64 Dunkley S�.rfacing Company 3737 East River Road Fridley, Minnesota 55421 PARTIAL Estimate No. 2 for Street Improvement $ 38,896 J 0 Project ST. 1975-1 PAR7IAL Estimate Plo. 2 for Street Improvement $ 17,745.48 Project ST: 7975-2 Smith, Justei° & Feikema Suite 1250 Builders Exchange �uildfng Mi;�neapolis, Minnesota 55402 For Prosecution ��rork during the month of June, 1975 $ 1,531.37 Weaver, Talle & fierrick 316 East hlain Street Ano1:a, Mirnesota 55303 For Services rendered as City Attorney during thc month of June, 1975 � 1,678.50 , Counciiman areider asked the Public k'orks Director what the estimate in the amount of $7.21 was for. The Public Works i'ir�ctor said this could be the cost for prepat°ation of an estimate or soriie other smUll project. Counciii�iar� Breider asked �;�,hat Project #116 ��aas and the Public Works Director said this was the in-�provement in the Great Northiern Indusirial Plat. MOTION by Counciiman Qreider to approve the estimates. Seconded by Councilwoman Kuko��ski. Upon a voice vote, all voting aye, Ma�ror (dee deciare�i thn motion carried unanimously. The Public Works Director said he would report back to the Council on the estiinate.for $7.2L . CLAIMS: , � •GENERAL AND LIQUOR 1067_6 - 10739 MOTION by Councilwoman Kukowski to pay the Claims. Seconded by Councilman Starwalt. . Upon a voice vote, all vot:r�g aye, P�1ayor Nee declared the motion carried unanimously. ADJOUf?N�iE�iT: � .MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye,,�°ayor �!e2 declared the motion carried unanimously and �e Regular meeti•ng of the Fridley City Council cfi July 21, 1975 adjournrd at 11:44 P.M. ��''.'��'-,-`""� • Pat Ranstrom William J. Nee ' Secretary to the City Council �Mayor Date Adopted 0 0 . . ... . .. ._.. . _..._...... . . ._. . . .._. ..._.. . _ . . _ _. . _.. . . _ . . , FRIDLEY CIT COUNCIL MEET�NG Y , � � ,PLEASE SIGN NAME ADDRESS AND ITEM NUMQER INTERESTED IN DAT�:---_: .-� /��.� NAME ADDRESS ITEM NUMBER ------------------------------------ ----------------------------- ------ -----------------------_� �� 2��:---- �% � ! 2_ '� � � �� i ��. �i . � ✓ ' I i �� G�".-,'�-��`J � /�'l ��°Z ��.✓c � /r �CJ3�— � � �;1,� /�� `' /v , �,� 2Arr � ��,y, fr . �GO tl 1!L _ ��, � 7- L C.� J C. , �� -��- � � � , - � �l� '�7 S� /7our?�-� J ( i (� 3� �9 �" �;.n� ti1 �. -� .-�--- ,�. � % (.�--� . I `� �Z � .d� � � �� LL /� �� FRIDLEY CiTY. _COUi�fCIL` � REGU[AR �i�ETING � JfJLY .21;: 1975 - 7:3a P: �I, PLEDGE OF ALLEGIAi�CE; ' ROLL CALL: PRESEiVTATIOfJ OF CERTIFICRTE: 0 CERTIFICATE OF APPRECIATION.1"0 CLARENCE BELISLE IN MEMORIUM APPROVAL OF MIiVUTES; REGUt..AR �EETING, �l1NE 2, 1975 �� PUBLIC HEARING, JuNE 9, 1975 ADOPTION OF AGEiVDA: OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NQT !ON AGENDA ^ 1S MINUTES) ' � ' , ' REGlJLAR MEETING, JULY .21; 1975 .. .. . PAGE 2 OLD BUSI�ESS: CONSIDERATION QF SECOND READING 0� AN ORDINANCE AMENDING CHAPTER 5O% OF THE CITY CODE OF THE CITY OF FRID�EY RELATING TO MUt�ICIPAL BATHING BEACHES� � . � � � � � � � � 1 CONSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR RESERVING LIQUOR LICENSE, BY P�IAX SALITERMAN FOR KiN�'s CHALET, INC. �TABLED n/16/75 aNn 7/7/75). .,.,. s 2-2A CONSIDERATION OF ZONING ADMINISTRATOR�S DETERMINATION � IN THE MATTER OF THE ZONING OF FRONTIER CLUB; 7365 CENTRAL AVENUE ��i � E � � . . � . � � � � � � � � � � . � � . 3 - 3 J � . �� ' . RE6ULAR M�ETIidG, ,1ULY 21, 1975 .. . PAGE 3 NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REauES-r, SAV #75-OZ, DENNIS SMERUD, TO VACATE 46TH AWENIJE �iETWEEN 3RD STREET AND UNIVERSITY AVENUE, 4603 3�D STREET i�. E. . , . . . , , . • . , , , . , 4 - 4 A CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REauEST ZOA #75-03, BY CITY OF FRIDLEY FOR GEORGE IS IN FRIDLEY, REZONE FROM M-Z TO C-2; 3720 Easr R I VER ROAD . . . � . . . . . . . � � � � � � � � . 5 - S A CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING TNE CITY CHARTER OF THE CITY OF FRIDLEY� �� 6- 6 G u 0 u REGULAR MEETIPJG,� JULY .21; 1975: .- . . PAGE �+ f�EW BUS I P��SS (GONT I fdUED ) . . RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING oF Ju�Y9� 1975 , , , , �, , , , , , , , , , , , , , , , , , 7-7D POLICY llISCllSSIONS �NLY ... _.. _... _. . _ _ . COUNCIL ACTION REQ,�3.E�.: RECEIVE I�INUTES APPROVAL OF ANIMAL PATROL CONTRACT WITH METROPOLITAN ANIMAL PATROL SERVICE, INC� � � . � � � � � � � � � � . � � 8 ' $.E CONSIDERATION OF LETTER OF APPRECIATION FROM • THE �ITY �0l1NCIL TO THE '49ERS �OMMITTEE� � . . � . � � . � 9 - 9 B ' . . ' REGULAR MEETI�JG, JULY 21;� 1975 � PAGE 5 1 NEW BUS I�lESS (COf�T I iJUED ) '� � � - -- - � --�- . . � , CONSIDERATION OF ACCEPTANCE OF OUTLOTS F, G, H, AND _ . _ . . _ PART OF OUTLOT C, GREAT yORTHERN INDUSTRIAL CENTER- :� . . , .,. , .,. ,. , , ., , ,� �, , ,� . . ,� . . . . . 10 - 10 D FRIDLEY� � � � � _ � , ' CONSIDERATION OF REVISION OF PLANS BY MERIDIAN � � CORPORATION FOR INTERSECTION OF ��TH WAY AND EAST � RIVER ROAD. . , , . , , . ., , � , , . , , ; , , , , . , 11 - 11 A � ' � _ , � CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, • FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF .� THE COSTS THEREOF: STORM SEWER IMPROVEMENT PROJECT #�.IS � � � � � . � � � � � . � � . � � � � � � � IZ . , , . _ i . 1� � � . 1 � . . . � � REGULAR i'�EETIP�G; JULY .21; 19.�5 � � � � � � PAGE .6 �JEW BUSIiVtSS (C�NTI(dUED) � CONSIDERATION OF IMPROVEMENT; STREET IMPROVEMENT PROJECT ST� Ig%5-I, ADDENDUM #3 iSIVERTS LANE)� ��., 13 CONSIDERATION OF aPPROVAL OF RESOLUTION AND AGREEMENT BETWEEN I��1NNESOTA DEPARTMENT OF HIGHWAYS, COUNTY OF ANOKA AND CITY OF FRIDLEY FOR TRAFFIC SIGNAL IMPROVEMENTS �AGREEMENT N0, 58009). . � . � � � � � � � , 14 - 14 � CONSIDERATION OF A RESOLUTION CANCELLING SPECIAL ASSESSMENT PAYMENTS DUE i►v-1973 ON �OTS 3& 4, _ BLOCK Z, HAYES RIVER LOTS. � � � � � � � � � � � � � � . IS — 15 B � � ' 1 ' .1 1 � , ' ,. r � � r� � REGULAR MEETIidG, JULY 2I, 197.5 � PAGE 7 NEI� BUS I iVtSS (COi�TI iVUED) CONSIDERATION QF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lors 12 aND 13, B�ocK P, PARCEL 34�5, AND LoT 14, BLOCK P, PARCEL 34gO, RIVERVIEW iiEIGi�TS ADDITIOiV. ..� 1�-16A CONSIDERATION OF A RESOLUTION AUTHORIZING AiVD DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 32, PaRCE� 3570, AND LoT 33, PaRCE� 3575, BLOCK P, RIVERVIEW iiEIGHTS ADDITION. � . � � � � � � , 17 CONSIDERATION OF A RESOLUTION AUTMORIZING AND DIRECTIIVG THE COMBINING OF �PECIAL ASSESSMENTS ON Lo-r 42, PARCEL 3620; LoT 43, PaRCE� 3625; AND LOT 44, PARCEL 3�31�, BLOCK P, RIVERVIEW HEIGHTS ADDITION� ��. CONSIDERATION QF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 45, PARCE� 3635; Lo-r 4b, PARCEL 36�0; AND Lor 47, PARCEi. 3645, BLOCK P, RIVERVIEW HEIGHTS ADDITION� .�. � 19 . : REGULAR MEETING, JULY.21, 1975 � PAGE NtW �USINESS (CONTtNU�D) . . _ . GONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL. ASSESSMENTS ON . LoT 1, PaRC�� 3665, �OT 2, PARCEL 3C�O AND LoT 3, PARCEL 3�%5, BLOCK Q, RIVERVIEW HEIGNTS ADDITION� ��. � CONSIDERAI'ION OF A RESOLUTION AUTHORIZING AND � DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �OT 4, PARCEL 36$O, �OT 5, PARCEL 36�5 AND LOT C, PaRCE� 3690, �LOCK Q, RIVERVIEW �iEIGHTS ADDITI0�1� �.� 21 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 7, PaRCE� 3695, �OT g, PARCEL �%OO, AND �OT 9, Pa�cE� 3705, BLOCK Q, RIVERVIEW �EIGNTS ADDITION. ... CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON �OTS 41 AND 42, PARCEL 38%O, AND LoT 43, PARCEL 3S%5, BLOCK Q, RIVERVIEW NEIGHTS ADDITION� � � � � . . . . . � � . � : 22 23 . . REGULAR MEETI�VG, �JULY 2I; 1975 � � PAGE 9 ... ... .. _ . NEW BUSINESS (GoNTttvuFn) • C4NSIDERATION OF A RESOLUTION AUTHORIZING.AND , .. � DIRECTING THE COMBINING OF SPEGIAL ASSESSMEN7S ON LoT 44, ��ocK Q, PARCEL 3SgO, AND LoTS 45 aND 46, � BLOCK Q, PaRCE�. 3890, RIVERVIEW iiEIGHTS ADDITION. .�. 24 CONSIDERATION OF A RESOLUTION AUTHORIZING AND - DIRECTING THE COMBIf�ING OF SPECIAL ASSESSMENTS ON Lo-r 50, PaRCE� 3915, AND �OTS 51 AND 52, PARCEL 39ZO, BLOGK Q, RIVERVIEW HELGHTS ADDITION. � � � .. . . . . � 25 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lor 1, AND LOT 2, BLOCK R, PARCELS 3925 aNn 3930, � RIVERVIEW HEIGHTS ADDITION� � � � � � �� . � � � � 26 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT S AND LOT 6, PARCELS 3�4� AND 3�50, BLOCK R, � RIVERVIEW iiEIGHTS ADDITION� . � . � � � � � . . � . , , 0 27 ' I � r � ' � �� . � r � ' ' REGULAR MEETIidG. JULY .21; 19i5 . . : PAGE 10 NEW BUSINESS iCONTINUED) CONSIDERATION OF A RESOLUTION AUTNORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS(�1ENTS ON Lo-r 9 AND LoT 10, PARCELS 3965 aND 3970, B�ocK R, RIVERVIEW iiEIGHTS ADDI7ION� � � � . � � � � . � � � � � 2� CONSIDERATION OF A RESOLUTION AUTHORIZING AND � DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 39, PARCEL 4115, AND LOT 4O, PARCEL 4120, B�OCK R, RIVERVIW �EIGHTS ADDITION� � � � �.. � � � � � 29 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 53, PARCE� 4185, AND Lo-r 54, PaRCE� 4190,. BLOCK R, RIVERVIEW HEIGHTS ADDITION� � � � � � � � � . . COf�SIDERATION OF A RESOLUTION At7THORIZING AND � DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 3% AND 3H, PARCEL �3��, � AND Lo-r 39, PaRCE� 4385, ..._ . .._. .. . BLOCK S, RIVERVIEW HE:IGHTS ADDITION� � � � � � � � � � � ' . 30 31 REGULAR MEETING, JULY.21� 1975 PAGE 11 �V�W BUSINESS CCONTINUED) � . CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON � LoT 44, PARCEL 4410, AND �OTS �5 AND 46, PaRCE� 4420, BLOCK S, RIVERVIEW HEIGHTS ADDITION. � � � � � � � � � � �2 CONSIDERATION OF A RESOLUTION AUTHORIZING AND - DIRECTIfVG TNE COMBIi�fING OF SPECIAL ASSESSMENTS oN Lo-r 49, PaRCE� 4435, AND LoT 50, PaRCE� 4440, BLOCK S, RIVERVIEW HEIGHTS ADDITION. � � . �. � � � � � . 33 APPOINTMENT; CITY E�'iPLOYEE, � � � � � � � � � � � � � � 34 LI CENSES �� . � � . � � � . � � � . . . � � � � . � � � � 35-35A �� REGUtAR MEET I NG, JULY 21;� 1975 �� PAGE 12 NEW BUSINESS (CorvTiNU�D) . .. .. . .. .. .. .. . .. . EST I MATE S , , , , , , , , , , , , , , , , , , , , , , , , 36 - 36 D �LAIMS� . � � � � � � � � �� . � . � . � � � � � � � � , 37 ADJOURi�: ' .►.i.' �iu;�'. : � ,..a _ �.`�'."�'3c? Ti Q 0 �� ;��•� ~_^ � �:.; � , %" r F� Mr,,,� �'�Sl ��,�-� �4 . � . . �;�- , k, '� r ,' }� - 'r. �Y �;� �'-�i � �i� - �� d `�;��` . � ~ ''�'�•r- t� . . . 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PLEDGE'OF ALLEGIANCE: Mayor Nee invited those present to join with the Council in saying the Pledge of Allegiance � to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee, and Councilwoman Kukowski. MEMBERS ABSENT: None. Mayor Nee explained to those present and watching the meeting that there is always an agenda book available in the Library from the Friday preceeding the meeting and also an agenda on the podium at the meeting. APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF APRIL 14, 1975: � MOTION by Coucnilman Breider to adopt the minutes of the Apr�l i4, 1975 Public Hearing ' � Meeting of the Fridley City Council as submitted. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: • . MR. ED DROPPS, PINE TREE BUILDERS, RICE CREEK ESTATES: Mr. Ed Dropps addressed the Council and said he was opposed to the requirement that he set aside up to $800 per 10,000 square feet for storm sewer escrow for a project that has r.�t been approved and never has been approved. He mentioned that this project is only in the talking stage. He said no intent is being shown on the part of the City Council to sho�� how long it will be before this pro7ect will be provided and it may be ten years or never. Mr. Dropps said he questioned the legality of this procees in setting aside this money for a project that has never been approved. Mr. Dropps asked the City Attorney to write a letter to the Attorney General concerning this practice and the legality of it. Mayor Nee asked if this i�m could be handled as an agenda item after the seventh item on the agenda and Mr. Dropps agreed to this. . � MR STAN HILLESTEAD, 4709 MAIN STREET N E, REQUEST FOR SIGNS OR PATROLLING OF ALLEY: Mr. Hillestead explained that the alley on which he lived is being used like a race track. He said he had called some time ago and asked for some caution signs in the alley, but nothing has been done. He said he had been told that the conditions do not warrant any signs. Mr. Hillestead said there are motor cycles using the alley. Councilman Fitzpatrick said this had not been brought to his attention. He questioned , if it is illegal for the motor cycles to be using tne alley. He asked if this could be done if the operators do not live in the area. Mr. Hillestead said they do not live in the area and they use it. ' The City Attorney explained that if the vehicTe is iicensed and being operated by a licensed driver, they could use the alley just as a car could. Mr. Hillestead asked the Council to consider his request. M�yor Nee asked Councilman Fitzpatrick if he would check into the problem and Councilman � Fitzpatrick said he would review the area. MR. LEONARD MOORE, JR., 8301 RIVERVIEW TERRACE, PRESENTED PETIucONurcRUuFnINPFTNTTONL # 10-1975: Mr. Moore addressed the Council and said he would like to present a petition to the Mayor m 0 .. 0 t 202 REGULAR MEETING OF JUNE 2, 1975 PAGE 2 and City Council. He explained the petition to be in support of the installation of tennis ! ' courts in the Riverview Heights Addition. He explained that this area is void of any type of recreational facilities and the people have to travel to Brooklyn Park or Coon Rapids . to use tennis courts. Mr. Moore said there is vacant land on Glencoe and Riverview ' Terrace and also some on Liberty. He also mentioned that Ruth Circle Park could also be used. Mr. Moore also explained that_there is a problem in the area in that the young people do not have anything to do andthey gather at the Fridley Food Market. He asked if the -, Council would give some direction to the Administration to include this request in the upcoming budget. . ; J MOTION by Councilmaan Fitzpatrick to receive Petition No. 10-1975, requesting installation of tennis courts and basketball courts in the Riverview Heights area and near by. Seconded by Councilwoman Kukowski. � ,, Mayor Nee asked Mr. Moore if he had a list of the qossible sites for the installation of the facilities. Mr. Moore said he felt the City would be in a better position to , select the possible sites. � � Mr. Moore said he had talked to the Director of Parks and REcreation and he had indicated that the tennis co�.rt in Ruth Circle may be the only one to appear in the budget for the , coming year. , , Councilman Fitzpatrick said this petition would bring the request to the attention of the ' City Manager and Director of Parks and Recreation Department in preparation for the 1976 . budget. � Mayor Nee said this request would have to be referred to the Administration for selection of a possible site where the City owr.s., sufficient land. Mr. Moore asked if the Administration would call him and indicate if this request is being considered. He said he would like to notify the people of the area on any possible action on the matter. Mayor Nee said this would have to be discussed by the Parks and Recreation 'Commission. SPORRE, 301 IROPJTON ST. N. E., PRESENTATION OF PETITION REQUESTING �� Tr��Rirc rnirorc tni onTU fTRfl F �RFA PFTTTT�N NO_ 11A-1975 AND IN Mr. Sporre addressed the Council and said he had a petition to present requesting the the installation of tennis courts on the east side of East River Road. He asked if the Co:uncil would pass a resolutiondirecti•ng the consideration of this item in the budget for 1976. Mr. Sporre suggested that the tennis courts be constructed in Ruth Circle. Mr. Sporre continued to comnent that there are no tennis courts in the north part of Fridley. He explained that the East River Road would restrict young people from traveling back and forth from a tennis court on the other side of the road and he suggested that both sites be considered if at all possible. He mentioned that there is a juvenile problem at the Fridley Grocery store. F�e again suggested that a tennis court.be located in Ruth Circle and said the children in the area are not allowed to cross East River Road. Mr. Sporre said he recently had to go to Coon Rapids for a tennis facility and when he got there, there were so many people waiting it was not possible to use the courts. . MOTION by Councilman Fitzpatrick to receive Petition No. 11A-1975 requesting installation � of tennis courts in Ruth Circle and Petition No. 118-1975 requesting installation of tennis courts in River View Heights. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � I I . i- � r Mrs. Sporre said the two petitions represent 400 signatures which would be almost ; unanimous coverage of the area. i Councilman Fitzpatrick said at the previous Thursday conference meeting the Council � had directed the Administration to bring it to the attention of the Park Department that more tennis courts should be constructed in fridTey in general and particulary in this �, area. j Mr. Sporre asked if it would be possible for the Council to adopt a resolution to the Pa'rks and Recreation Corrmission asking them to consider this request in their budget. He added, Mr. Brown would like some Council direction on the matter. ; ' � ' 203 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 3 Mayor Nee questioned if this would be necessary since there is a great deal of support . for the construction of tennis courts in the Ruth Circle area and he assumed this would be done. . Mayor Nee questioned if the Ruth Circle location would be satisfactory to the people in the Riverview Heights area. Mr. Sporre said h1r. Brown had said that this was not in the budget and he would need some direction to place this in the budget. Mayor Nee said he did not know what ihe cost of sucn a tennis court wau�d be. Ne said there had been a master plan and he thought that this tennis court was included. P•1ayor PJee said this request ►vould take about a week to process. Mr. Carl Paulson, 430 5th Place N. E., asked if the City could put a hold on property so that someone else could not buy it. Mrs. Edwin Girard, 680 Glencoe, addressed the Councii and said the City had received ' a parcel of property as a donation to be used as a playyround far children and this had ✓ not been developed. She mentioned the larger children use t�e aera to play basebalt and the smaller children are not allowed to play in the area. ' Mrs. Girard said sh� thought the older children could go to Kennedy Park. She mentioned there should be some place for the younger children up to ten or eleven to play. She said that the Park on Glencoe has a rough skating rink in the winter and the small chi7dren cannot use the area in the summer. � � Mrs. Girard said there is quite a bit of building of new homes in the area and this would increase the need for a park in the area. She said at the present time, ttiere is no place for the younger children to play except the street. Mrs. Girard requested that.some equipment such as a swing or slide be placed in the park. She mentioned other areas of'the City have parks which are developed and she thought it was about time that some attention was given to this part o€ the City. Mr. Alex Barna, 560 Hugo Street addressed the Council and said there is a tot lot on , Hugo and Broad and there are more children playing in his yard than in the tot lot. He mentioned that there are quite a few large parcels of property in the flood plain zoning and people would be having trouble building on them. He questioned if the City would be ab�e to purchase some property within this area. � � � � ' Councilman Breider said he understood that the City owns quite a large amount of property on 79th. �Mayor PJee said yes, the City is trying to get t�gether a piece of property large enough to do something with. Mr. Barna said the best thing would be io get some property on cly within the 10 year flood rate. He said he would like to see the City put in some tennis courts. Mr. Barna mentioned that there is a problem in the area with no place for the chiidren to play. He said a boy ran into East P.iver Road and was hit by a car recently. . Mr. Barna said that there is a need for a stop signal on 79th and questioned if this is being planned, or could the community pressure the County into proceeding with this installation. He mentioned there is a need for a stop light in front of the Fridley food market. He said it is not possible to gain access to East River Road and many times it takes up to five minutes to gain access. � The City Manager said�there is an overall plan for traffic controls for this area with the signal at 79th included. He said +his�would have to be appropriated in the City budget for one half of the costs and the Council would have to decide �vhich matters are higher priority. He mentioned the total cost of the signalization to be in the area of $45,000 to $50,000. The City Planager said the.City had been in contact with the County on this, and the response was not very favorable. Mayor Nee said the best thing to do would be to talk to three County Commissioners. Mrs. Lee Ann Sporre, 301 Ironton Street, said she had called and talked to the County _ Engineer some time ago. She explained that the Engineering Department was able to furnish data on the count of the traffic in the area, but did not have any information concerning the accident rate. She further explained that the County had indicated that they receive this information from the City. Mr. Ken Sporre said the plan for the signal at 79th is in the Bikeway Plan. htayor Plee.said the plan for the signal at 79th is in a11 of the City plans. He said it was hard for him to believe that the County does not know about the City's intent. The City Manager said th� County Commissioners also represent the people. t 204 REGULAR COUPICIL MEETING OF JUNE 2, 1975 PAGE 4 Mrs. Sporre said she thought it would be best if a resolution adopted by the Fridley City Council were hand carried to the County. Mayor Nee commented that it would be best if it were backed up with 500 signatures. 4�rs. Sporre said if the Council would pass a resolution, she would get the signatures. Mayor Nee asked that the City be given two weeks on the matter. ADOPTION OF AGENDA: Councilwoman Kukowski said she would like to add a communication from the Public 4Jorks Department concerning a tour of the �unicipal garage and also discuss rescheduling the June conference meeting. Mayor Nee said the item concerning the storm sewer escrow in Rice Creek Estates would also be added. MOTION by Councilman Breider to adopt the agenda with the previously mentioned additions. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SECO"JD READING OF AN ORDINAPdCE ESTABLISHI�IG CHAPTER 113, REFUSE DISPOSAL AMENDItlG CHAPTER 11, LICENSES AiJD PERMITS: AtlD REPEALING PRIOR CHAPTER 113 WASTE DISPOSAL): Mayor Plee said the administration would make some comment about the amendments in the proposed ordinance. He mentioned that there were representatives from the hauling firms present and asked if any of them would like to comment. Mr. Rodney Kage, Manager of Al1 State Disposal, addressed the Council and referred to Section 113.02 Containers and asked that rather than limit the size to 30 gallons, could 'this be changed to 45 gallons. Ne said thiswouid still eliminate the use of the 55 gallon burning barrels. Mayor fdee asked if this change could be made. Mr. Kage asked if the plastic containers would meet the sp��ications within the ordinance. Mayor �lee said this would be allowed if the ordinance would read "such as galvanized metal or plastic containers and should not exceed 45 gallons". . Councilwoman Kukowski asked ifi the plastic containers would melt. Mr. Kage said they melt and rodents could chew tfirough them. He said they also break up in the winter mo�ths. Councilv�oman Kukowski said she did not think the City•wbuld want to add the use of the plastic containers. Mr. Kage said many people have them. He said if someone would consult him, he advises them that the galvanized metal would be better. He said that the plastic containers shatter very easily. Mr. Kage explained some are.•better than others. Fle said the type with the flip up 1id break easily in the winter time. The City Attorney mentioned it may be added that the plastic would be allowed for a period of one year, and then no longer allowed. Mr. Kage asked how this requirement would be enforced. Cour,cilman Breider asked if the other communities have banned the use of the plastic containers. Mr. Kage said no. Councilman Breider questioned how the people could be refused. He thought this would be very difficult to do. P4ayor Nee indicated that the ordinance would not really say the metal containers are mandatory. He quoted the section and read, "such as galvanized metal containers". He said if the limit was placed at 45 gallons, this would rule out the use of oil barrels. Mr., Kage agreed. Mr. Kage went on.to section 113.06 and indicated the "Anoka County" should be stricken and "MPCA" added in its place. Mr. Kage referred the Council's atte�ti:on to Section 113.07 Defective Containers. He questioned the portion of the ordinance where the hauler is to notify the City of Fridley concerning defective containers. He asked if the last sentence in this portion could be deleted. Ne explained that the owner of the defective container could be notified with a copy of the notification going to the City, but he objected to the inclusion of the hauler not taking the contents of the defective containers. He thought the haulers would loose customers by doing this. � Councilman Breider asked if most people correct his situation. Mr. Kage said they do have a lot of people with this type of problem. He said if the container is defective the.hauler will throw it away. Mayor Plee said he believed if this was working, it should be left out. Mr. Kage said if the hauler knocks on the door and tells the owner that the can is defective, they usually purchase a new one. The City Manager said copies of the proposed ordinance had been sent to. the haulers for their comnents. H e mentioned that the administration had hoped that these comments would have been obtained before the current meeting so �that the amended ordinance could have been presented for adopti�n. He said the Administratio�had not received arN comments from the public. � ! � 0 � � ' � � `LU5 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 5 Mr. Kage referred to Section 113.1.0, Refuse Haulers Regulations, and questioned if the.haulers would have to purchase a separate type of license for each of the catagories listed. Mayor Nee questioned why there is a need for all the different types of classes. He thought that this question had been asked before, but ►ie could not remember a justified answer being given. The City Manager called on the Public Works Director to explain this statement. The Public Works Director said this would allow the City to have a list of the types of service that is available to the residents in the Gity office. He said they would be able to determinewho is dealing with the commercial and residential hauling, etc. Mayor Nee questioned if it would mean that the hauler would have to purchase more than one license. The City Manager said the fee would be the same for additional catagories. Mr. Kage asked if for one fee, the hauler could have all the types of the licenses and the City Manager said yes. i Mr. Kage also referred to Subdivision 8 of Section 113.10 and requested that the haulers i be allowed to operate a spare vehicle in the City for a period of three days without � j notice to the City. He said if there would be a break down on the licensed truck, they � would have to put another truck on the route. He said this would mean a hassle if they � were tagged immediately. He mentioned if the spare vehicle would be used more tnan ' three days, they would notify the City. � � � l� � � � Councilman STarwalt said he was surprised that all of the haulers vehicles would not be licensed for operation in the City. Mr. Kage explained that they wouldlike to keep as few as possible vehicles licensed in the City of Fridley. He stated the haulers do not license all of their vehicles in all of the communities of operation, if only one can handle the Fridley route, oniy one� would be licensed in the.City. The same truck would be used in the City for five days. Councilman Starwalt said if the City would allow this provision, it would make it possible for the haulers to use thisfree truck. Mr. Kage said he did not want a blanket free truck, he would only like to be able to use a spare truck for the period of three days. Councilman Starwalt questioned the operator trying to operate with too small a number of vehicles. Councilman Starwalt said if an operator had ten vehicles operating, ' �:� it may take eleven or twelve to keep the operation going. Mr. Kaga asked if the haulers had licenses to operate in 16 communities, would he suggest that the trucks be licensed in all 16 corcanunities? Councilman Starwalt said what he was suggesting is that every vehicle on the road would be licensed to be there. He asked how this would be enforced. He said if the truck was on the road who would know that this is within a period of three days. Mr. Kage said the haulers are nat out io take the City, they would notify them if this was to be over a period of three days. Mayor Nee asked if it would be possible for the hauler to notify the City on the first day. Mr. Kage said when tne route �egins at 6:00 A.M., the last thing the operator is thinking about doing is notifying the Cit� at this time in the morning. He said,notification may be possible later in the day, but it would be possible for the truck to be ticketed by then. I: I ; Councilman Breider asked why the haulers could not call on the first day. He explained � ! the concern of the City to be that the truck being used in the City are sound and not ` leaking all over the streets. He �id this would be the primary interest of the City. MayorNee said if the haulers wauld be allowed this three day period, they could operate � for a month and when asked, they could say that it had only been three days. Mr. Kage said it would be possible to notify the City on the first day, he just did not want this � to have to be done the first thing in the morning. P�layor Nee said the ordinance could ; be amended to allow up to three days operati�n of a truck without a license, but the hauler would be required to notify the City on the first day of operation of the unlicensed �. truck. • ,� � � � Mr. Kage referred to Section 113.10, Subdivision 13, Cancellation of Service, and said � '`, in this provision the hauler is again the "bad guy". He suggested the last sentence ' be changed to read, "When the collector determines that an account is uncollectable, notification will be sent to the City of Fridley". Mayor Nee asked if the deletion of the last sentance would be in order. He questioned the City becoming involved in the f.inancial aspects of the operation. The Public Works Director explained that this � provision was included to enable the City to be notified in the case that there may be a health hazard. The City Attorney said it would not be a concern of theCity if the , ,� operator cuts off the service. He said he would not see where thepayment of the bills i would be the City's concern. Mayor Nee asked if rather than sending a notice to the City, i the people could be allowed a month's grace period. Mr. Kager sai� or, when the � collector would turn the bill over to the bill collector. He said all of the haulers notify the customer when the bill becomes delinquent, it would be his concern that the hauler '' would have to notify the City. Councilman Breider questioned if he was requesting that � after the hauler wouid decide that the bill was not going to be collected, that at this , time he would notify the City. Mr. Kage said yes. He explained that most of the time when � the service is cut off, the people promptly pay the bill and the service resumes He said I 206 � REGULAR COUNCIL MEETIN6 OF JUNE 2, 1975 PAGE 6 they would not want to notify the City at this point. Councilman Breider sai•d if .the fiauler was just trying to scare the people into paying the bill, the City would not be notified. The City Attorney said he felt the Administration and the haulers could work out this section. Mayor Nee asked if the�iotification could be sent to the City 15'days after the cancellation of the service. The City Manager said�the City should note all of the comments from the haulers and meet with them to work this out. Councilwoman Kukowski asked if the amendment would be something like the following: "When any collector would determine that an account is uncollectable, notice will be served with the customer and the City of Fridley". Mr. Kage referred to Section 113.08, Placing of Containers; he questioned if the cans could be placed on the rear setback line, the side yard and not out in front of the house more than 24 hours. He questioned by all the provisions how the haulers could tell the people where to put their refuse. He said he would lil;e the refuse placed in front of the garage or on�the curb. Councilman Breider said he believed the intent of the Section is to allow placement in front of the garage. The Public Works Director said this would be�at the normal setback line or approximately G distance of 35 feet from the property line. The City Manager said refuse can be placed on the curb, but not garbage, and this would be only for the period of 24 hours. He said the garbage can be placed in the front of the garage or on the side of the garage, or in the garage if it is possible for the hauler to gain access to the garage. The Public Works Director said it would be allowable to . place the containers in front of the garage, but not in the frontyard. Mr. Harlan Lofgren, Lofgren Sanitation, addressedthe Council a�d stated that everyone on the Council and the administration understands and reads the proposed ordinance differently. He said he would like something written that the people could read and understand. He said if thepick up can be in the front, the service could be operated at a reduced rate. He said if the collector would have to go to the rear yard, this would increase time and expenses. He said he would like this section redone so the peopl.e in the community could understand it. Mr. Lofgren asked if the ordinance could state that no refuse be allowed on the curb except for collection day. He said t�te ordinance doesnot state where the cans should be. The City Manager said the administration would meet with the haulers and modify the ordinance �efore the next reading which could be the next regular meeting. . Mr. Dick Harris asked if there had been some modification in the ordinance to allaw placement of compost piles. He asked if this had been taken care of. Councilman Breider said he had looked for the modification concerning ice removal and this was not included. MOTION by Councilman Breider to table the consideration of the second reading of the proposed refuse ordinance until June 16, 1975. Seconded by Councilman Fitzpatrick.. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING REPORT ON STUDY OF TRAFFIC CONTROL MEASURES IN AREA OF BENJAMIN/61/FERNDALE STREETS FROM MEETIN6 OFP1AY 19, 1975 : The Public Works Director explained tht the Administration had been directed to do a comprehensive.study on the traffic situation on Benjamin Street. He said four areas had been reviewed within the study. The first consideration was the accidents on � Benjamin Street between Rice Creek Road and Gardena. Second was radar surveillance for campilin� figures on the speed situation of the area and thirdly, traffic counts. The fourth area of study was done on the manual for uniform traffic control devices. He recalled that the Council had taken previous actim for placement of stop signs in these areas, but further action and placement of one sign (61st and Banjamin) had been delayed � until the completion of the comprehensive study. Mr. Sobiech referred to the sectionof the report dealing with the accidents in the area and informed the Council that there had not been an accident in the area for a three year period stud�ed except for a recent accident of a bike rider who was injured while trying to stop for the stop sign. He sa�id within the report concerning the radar surveillance, 68 vehicles were monitored, with seven of these exceeding the speed limit by slight amounts. He said it did not appea'r that there was a speeding problem. He next wen� on to the�portion of the report dealing with the traffic control devices and explained that in California (Page 2-F and 2-G of the agenda) traffic control measures were taken with the results of before and after monitored. He said in one case after the stop signs were installed, speeds increased because of the frustration experienced by the ' �� i � i �� ' ' � , � � ' � � ' L� � �� , I I � C� r 207. REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 7 motorists because of the existing stop sign. He said the installation'�of stop signs do not end a speeding problem. He said if there is a speeding problem, he would recommend that . this be handled through enforcement, not installation of stop signs. He recommended that J Benjaimin from Gardena to Rice Creek Road be signed as a through street. He said the existing stop signs on Benjamin and Briardale Road should be removed. The City Manager explained in some cases, stop signs increase traffic problems ratfier than stop them. He said he would recommend that additional speed limit signs be posted. The City Manager questioned the placement of a stop sign on the steep hill and indicated this would cause problems where people would not be able to stop or make it up the hill in the winter months. The City Manager continued to explain he recommended that this area would be placed on the priority list for a special service area for Police enforcement and monitoring of problems. He said he would also encourage anyone in the area who observes any violations to ca11 ihe Police sb that those in violation could be apprehended. He thought these recommendations would better control the traffic of the area than the placement of additional stop signs. The City P•1anager stated the City might be in the position of having liability suits due to the placement of unwarranted stop signs. Councilman �arwaltsaid these were good points expressed by the Administration. He noted that the people who live on these streets are convinced that there are violators and they are not beiny caught. He asked what the difference would be between patrolling and monitoring. He asked if this would mean that the violators would not be ticketed during the monitoring. The Public Works Director said this is correct. He said they • � just go into the area to determine if there is a problem. Councilman Starwlat asked if it would be possible to use unmarked cars for patrolling. He said the people do not abuse the law when the police are present. The City Attorney said he would be concerned about the patrolling with unmarked cars, uniess the law had been changed. He said cars used for regular traffic patrolling must be marked cars. Mrs. Kathy Malone, 6131 Benjamin Street N. E.,addressed the Council and said the area residents knew that the Engineering Department was opposed to the placement of the stop signs in this area, this is why they had come to the meeiing and made this request to the Council. She mentioned that the homes on Benjamin were all new with most of them being built within the last year. She questioned if the report of the area for the past three years was very representative of the current situation. She questioned if the ' residents had to wait until one of the children of the area were hurt arid this showed up � on an accident report. She mentioned tht the Public Works Director had indicated that the bike accident was•attributed to the stop sign. She mentioned that it was the unmarked car using the radar that had caused the accident. She said she did not think, by any means, that the stop sign had caused the accident or injury. She said the monitoring was done during the period of time when the viol.ators were in school. This is why the study indicated that there was no prob7em. Mrs. Malone said she did not think the posting of speed limit would do one thing. She indicated that the action proposed would not be any better, in fact it would take them back to the beginning. Mrs. Lynn Gasparro, 1604 Briardale Road N. E., addressed the Council and said she agreed that the survey did not show the true facts. She said when the car was used for monitoring, everyone could see the car when they came over the hill and the speeding and problems did not exist. She said if the adults could see the police vehicle, surely the kids that are doing the speeding could a7so see the car. she claimed the violators to be Grace High School students. She contirrued to comment that the people of the area had told the police who the violators are and the speeding cars toot and waive at the police officers. She said nothing has been done and the police stop and talk to the kids, they must be friends. She questioned if the residents of the area have to be penalized. Mrs. Gasparro continund to explain the problems with the increase in gasoline costs and questioned when thiswould force the violators off the streets. Mrs. Gasparro referred to the placement of additional speed limit signs and said ther e is not one in existance in the area at the present time. She also mentioned the recomnendation to be that the existing stop sign be removed. She asked how much it would cost to install the sign and said the area residents would be willing to pay for it. She mentioned if the police would start to ticket the violators, the money for the sign could easily be raised. She contended that the money that had been spent on the surveys and staff time along with the time spent by the residents of the area was making the stop sign very costly. She said she was planning on continuing to pursue the request. Mrs. Gasparro mentioned that she had two children and a dog and would not want them killed. She again cor�nented that they want a stop sign. She questioned why the tax payers were rot given what they want and continued to state thati�they are the ones that pay the Counci.l's salaries and also who vote them in and out of office. She asked why they could not be given what they want. Mr..Dennis Schneider, 6190 Stinson Blvd., said he resided on the corner of Briardale Road I�� 2�8 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 8 and Stinson Boulevard and he could hear the squeal of tires from Benjamin street at his home. He asked the Council to consider that there are many young families with children in this area and with the constructionof the park facility, this would increase the usage of the area by children. He said he would recommend that the Council not remove the existing sign. Mayor Nee directed his question to the City Attorney and said he was curious about the remark made by the City Manager concerning reporting the violators to the Police Department. He questioned if the residents would have to sign a complaint. The City Attorney said this is true. He said the police could not sign the complaint unless they observe the violation. He said it would be possible for the person being charged to sue the City if the police do not witness the violation. The City Attorney said the residents would have to identify the vehicle and the time of occurrance. Mayor Nee asked if this would be an enforceable thing. The City Attorney said the residents would have to appear in court if the violator would plead not guilty or if there was conflicting testimony. Mayor Nee said the residents could not sign a complaint concerning speeding, but they could on a violation Of the stop sign. Mrs. Malone mentioned that when the people stop and look at the stop sign, they also stop and see the children. She continued to comment when they are speeding down the hill, they do not look. She questioned how the children on Benjamin would be able to cross the road to gain access to the park. She continued to explain with the construction in the area, the children are forced to stand in the•street to catch the bus because they cannot stand in the mud. � Mayor Nee asked Mrs. Malone if she felt the existing stop sign had helped the conditions in the area and Mrs. Malone said yes. She said she also felt it would be necessary to install a sign on 61st and Benjamin. l , Councilman Starwalt said the location is in his Ward and would be his problem. MOTION by Councilman Starwalt that the stop sign on Benjamin and Briardale Road remain �. because of the ultimate plans for the area and the installation of the park and the • continued construction in the area and that he wouldnot recommend the installation of the other stop sign at this time. Councilman Starwalt referred to the recommendation of the City Manager in that the speed limits should be posted and the addition of a sign that-•said "Caution Steep Hill" be installed. He said they could also use a"Caution Playground" sign. He also stated that there should be more patrolling. He said he did not understand why the police did not approach and ticket the violators. , Mayar Nee said the police officer would have to see the violation. Councilman Starwalt said a schedule should be developed where the violators would be apprehended. He said if the police officers cannot apprehend the violators, there is something wrong. Mayor J Nee said the Police office would have to see the violation each time. Councilman Starwalt said the patrolling should be done in a period where there would be more success. Mrs. Malane asked Councilman Starwalt to reconsider his motion_. She added the people of the area need protection. She asked that the area be given the stop sign and mentioned that the children are out of school all day now. i Mr. Robert Erickson> 5950 Benjamin Street, addressed the Council and asked if the number �.. of stop signs were to be limited, he wished the Council would consider that the traffic , also speeds by their homes on the other end of Benjamin Street. � Mayor aee asked if there was a second to the motion made by Councilman Starwalt and `, DECLARED THE MOTION DEAD FOR LACK OF A SECOND. ! Mrs. Malone said the whole thing started because there was aneed for stop signs at Bridrdale and also 61st. She mentioned that the people up the street also felt that a sign was needed in this area. She said the area residents agreed to wait for the installation of the sign until the completion of the study, but the signs were needed at the present time with the children out of school. Councilman Starwalt said with the number of signs proposed, there could be one sign on every corner. Councilman Starwalt said it would not be possible to please everyone and where would this stop. Mr. Erickson again mentioned that the remainder of Benjamin would have to be considered. Councilman Starwalt said another petition had been received in the area of Ferndale at the top of the hill. He said the staff had recommended that there be no signs in the whole area. REGULAR COUNCIL MEETING OF JUNE 2, 1975 0 PAGE 9 ��uy . Councilman Starwalt said at the expense of ruining his political career> he would not offer another motion. Councilwoman Kukowski said she would not touch it. She further explained that the Council had been asked by three groups to put up three different signs. Councilman Starwalt said they had proposed two and one was taken out. Mayor ; Nee explained that the Council had taken action to install the sign on 61st and unless this action is reconsidered or repealed, the sign would have to be installed. � MOTION by Councilman Starwalt to reconsider the installation of the stop sign on ; 61st and Benjamin. Mayor Nee DECLARED THE ��i0TI0N DEAD FOR LACK OF A SECOND. Councilman Breider suggested that the Council try the sign on 61st for some time and direct the Police Department to study the area and stage the patrolling of the area ina way that it will not be at the same time of day. He said the work will get out that the area is being patrolled at random. He said he agreed with the residents in that they should not have to police the area and sign complaints against violators. He again said, why can't the signs be tried for some time? � , � The City Manaqer said the sign would be installed. CONSIDERATION OF DRAINAGE PR06LEtd AT 5950 BENJAMIN STREET N. E. ROQERT ERICKSON FR0�9 MEETING OF MAY 5, 1975 : Councilman Starwalt said he was asked to make a recommendation to the•Council. He called on the Public Works Director to make a presentation of the plans proposed. The Public Works Director explained the four proposals as follows: Alternate B-1 has a projected cost of $20,981.25. He explaine� that this proposal . would intercept runoff at the catch basin on 6enjamin and pipe it directly to o0th and Oakwood Manor and would not include any alteration of the low area. Alternate B-2 indicates a �rojected cost of $24,481.25. This is the same proposal as alternate B-1 with the addition of lowering the pipe four feet. If future development � occurs in the vicinity of the low area, aoproximately 7,500 cubic yards of fill would • be required to make use of the facility. The installation of the energy dissipator is the third alternative with a projected ' cost of $1,000. This a7ternative is offered with the intent of the City to install the energy dissipator with the necessary restoration. . The fourth Alternative, Alternate F, would require easement acquisition with a ' projected cost of $10,150.00. This plan would involve the installation of a pipe to the low area from the catch basin on Benjamin with the addition of obtaining � an easement for ponding purposes. It also involves remodification of the intersection at Benjamin and Gardena. The City Manager said the people of the area have to be called in if anything but the original proposal for this area would be used. ; Mayor Nee asked if there would be any overlapping of assessments. The City Manager said , the maximum amount for the area would be $8 per 100 square feet. • Mr. Erickson said it was not clear to him who would pay fo r the various plans. Mayor Nee said the Citytaould pay for the energy dissipator from �he general funds. He said �. the other three proposals would be assessed to the district. Pir. Erickson said proposals E and D would not be acceptable to him. He said he had tried a crude energy dissipator and it did not work. He asked if the costs on alternate F would be shared by the people on Benjamin Street. He questioned if the residents of Benjamin Street would want to pay out this dmount for a temporary solution. i ' Mr. Erickson said he would like to clarify a point with Mr. Starwalt. He mentioned that ; Councilman Starwalt had visited with some of the residents of the area and fiad a copy �, of the petition that had been signed by those people, but attached to the petition, there . ; was a map of the proposal for the storm sewer Mr. Erickson had suggested. He said it was the � people's impression that this map ha� accompanied the petition•and it had not. Councilman ' Starwalt explained that this is the way he had been presented the material from the , i administration and he was also under the impression that it had accompanied the petition, ! but it had not. i Mr. Erickson questioned the method used to draw the drainage district. Ptayor Nee said this ' is done by means of a topographical map. He said they are willing to testify that the water ! does drain in the direction indicated by the district. Mr. Erickson said this matter � had been discussed in the past and he did not think it would be worth the Council's time : to talk about this at the present time. He said he was present at the meeting to see if i � � 0 1 �� 210 REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 10 the City was going to do something about the restoration of his property. He said he had repeatedly tried to get an answer before beginning legal action against the City. . MOTION by Councilman Starwalt to set a public hearing to discuss the various proposals for the installation of the storm sewer in the Benjamin area for July 14, 1975. Seconded by Councilwoman Kukowski. Mrs. B. L. Lillemoen, 1583 Gardena Avenue, addressed the Council and questioned what was in the various plans. Councilman Breider said this would be discussed at the public hearing. Mrs. Lillemoen said she would prefer the least expensive project. Mayor Nee said the least expensive project is not acceptable to Mr. Erickson. UPON A VOICE VOTE, all voting.aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AN ORDINANCE GOVEaNING INTOXICATING BEVERAGES AND 3.2 BEER: The City Manager explained that �e present ordinance prohibits any intoxicatirg or non intoxicating beer and liquor in City parks. He said as the Council knows, people are using it in the parks and the A�ministration felt if there is an ordinance on the books, it should comply with the desires of the community or it should be enforced. The City Manager explained theproposal ta allow the use of 3.2 beer ;n Locke Park v�ith a permit and in Corimons Park. He said the use of 3.2 beer would be prohibited in the small size neighborhood parks. He said there had been some di3cussion on the part of the City • Council concerning thisproposal. He as�:ed direction on whether the Council would like an ordinance prepared as proposed. He thought this type of ordinance would allow the people. to act legally. Councilman Fitzpatrick suggested that the Council approve the recommendation of the Parks and REcreation Department. Mayor Nee said he did not think this was the recommendation of the Parks and Recreation Department. Mayor• Nee said the motion on the part of the Comnission was to enforce the ordinance. Councilman Fitzpatrick said this is not what the CIty Manager had said. � The City Manager pointed out that earlier•in the discussion the members of the Commission had stated that they believed that this would be a feasible change. He said the ordinancE would provide the mechanics for selected activity that could be permitted. Mayor Nee said the proposal had been received by the Public Safety Director. Mayor Nee referred to the motion in the minutes of the Parks and Recreation Commission and said Mrs. $hinley Caldwell had said that she would agree to this modification and voted for the motion to enforce the law. Mayor Nee said he wouTd like to see 3.2 beer be allowed for neighborhood picnics in small parks. The City Manager said this could be provided with a permit from the City Council. Mr. Ken Sporre questioned the use of the smaller parks in the softball tournaments sponsored by the Jaycees. He mentioned that Commons is not large enough to accomodate the entire tournament so the smaller parks are used. He questioned if the proposal did not include the smaller parks, could this be continued. He said the way the ordinance is now, they can sell beer at all of them. The City Manager said this is all against the current ordinances and the police are looking the other way. The City Attorney said he didnot care to say anything about it at all. Mr. Richard Harris, Chairman of the Planning Commission addressed the Council and asked if there was some provision in the estate for Locke Park where this would not be allowed. Mayor Nee said this prohibits the use of intoxicating liquor, not 3.2 ' , beer. Mayor Nee again said he would like to see 3.2 beer permitted in'the neighborhood parks. He said he would like to see the ordinance brought back with this type of amendment. The City Manager said it would be possible to serve, but not sell in the other _ neighborhood parks. Mayor Nee said yes. The City Manager said this would be brought back for the first reading with this type Qf,modification. The City Attorney said the person would have to submit the proper application to the City and the City Manager said yes. MOTION by Councilman Breider to bring the ordinance back for first reading at the next regular meeting , June 16, 1975, with the provision that 3.2 beer Nrill be allowed in the neighborhood parks upon application to the City Council for approval. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor tlee declared the motion carried unanimousl.y. i � � .. � � 0 � �� , __ . . _ .___ _ . ,_� _ � ' . i Bi:GULAR COUNCIL MEETING OF JUNE 2, 1975 � ; RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1975: � CONSIDERATION OF VACATION REQUEST: _SAV_�75-02, BY L04EN SMERUD, VACATE 211 PAGE 11 AVENUE N. MOTION by Councilman Breider to set a public hearing on the request for the vacation SAV #75-02, by Loren Smerud for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUEST SAV #75-03, MACHINING I�C.: VACATE ALLEY IN_^ _ J 11\LL 1 �. I The City Manager said the hearing for this item had been previously set for June 9, and there would be no action necessary. � MOTION by Coucnilman Breider to receive the minutes of the May 21, 1975 meeting of the � Planning Corrinission. Seconded by Coucnilman Starwalt. Up•z a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGEIVING THE MINUTES OF THE BOARD OF APPEALS h1EETItJG OF MAY 27, 1975: (!dOTE: THIS WAS � ONLY A PORTION OF THE MINUTES, THE REt�IAINDER OF THE MIhUTES WILL COME FOR COUNCIL ACTIO ON JUNE 16, 1976 : A SQUARE fE LO�D o � STREET N. N. E., F€ ARIANCE OF SECTION 205.053, 18, FRIDLEY_ CITY CODE TO RcDUCE T�-(E NCOE I The Public Works Director explained the request to be to construct a dwelling on a lot recorded before December 1955 and to reduce the minimum squ,are feet from 7,500 to 5,500. He said the lot is 50 feet wide. Mr. Sobiech said the Board of Appeals 'I reco�nended approvai of the request. � Mayor Nee asked if the property is in the flood plan. The Public Works Director � said no, the flood plain is from 250 to 300 feet to the north. Councilman Fitzpatirck said there was some objections voiced by the neighboring property owners. He questioned if anyone was oresent at the currert meeting to i voice any objections. There was no response. �� MOTION by Councilman Fitzpatrick to approve the request as recommended by the Board of Appeals. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, j Mayor Nee declared the motion carried unanimous]y. MOTION by Councilman Starwalt to receive the portion of the minutes of the Board of Appeals Meeting of May 27, 1975. Seconded by Councilman Fitzpatrcik. Upon a voice vote, all voting aye, Mayor.Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDIIdG STANDARDS-DESIGN CONTROL SUBCOMP�ITTEE MEETING OF ' MAY 27, 1975: � COiJSIDERATION OF A REQUEST FOR A NEW BUILDING: LOCATED AT 4500 M;�IN STREET N.E. FRIDLEY, MINNESOTA. REQUEST BY CECO CORPORATION, 4500 MAIN STREET N.E ., FRIDLEY eeruuccnrn The Public Works Director pointed out the area of the proposal to be at 4500 Main Street and said this is the next step in the stage development in the original proposal of 1973. He said the building would be concrete and the necessary screening would be installed. He said there exists a retaining wall on the east edge of the property. He explained that the Building Standards Design Control Subcommittee had recommended approval of the request. . MOTION byCouncilman Ftizpatrick to concur with the recommendation of the Subconmittee and grant approval of the construction. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 212 : �� REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 12 TION OF A REQUEST FOR A NEW 3UILDING LOCATED ON LOT 1, BLOCK 1, P The Public Works Director explained ±he request was to build a retail establishment on the corner of 79th and East River Road. He said this would also take some consid- eration of variances. He pointed out that the variances were discussed by the Board of Appeals on Page 7-C of the agenda. The Public Works Director listed the variance� and said the Board of Appeals had suggested that the last variance be eliminated. He said the Board of Appeals felt there should be a little morelands�aping and green area and suggested that the three parking stalls be eliminated. He said the elimination of the three stalls would not cause a problem. The Public Works Director said the proposal would compare to the constructionon tkre corner of Old Central and Rice Creek Road, but this proposal would have more 1.ands�ap.in_g and green area. He said the Building Standards-Design Control Subcommittee had recommended approval with a number of stipulations. He read the stipulations to the Council and audience. The Public Works Director referred to the letter on Page 7-K of the agenda from the adjoining property owners Attorney Mr. Richard J. Fudali representing Five Sands Development. He said all of the concerns listed by the adjoining property owr,r had been worked out. The Public Works Director pointed out an additional item that had been discussed by the staff to be the acquisition of an easement for the proposed signalization of 79th and East River Road. He sai� NSP has an easement in the proposed area and they were contacted and said there should be no difficulty with the mutual easement. He thought this could be worked out with the property owner and said it would not run the entire length of the property. The Public Works Director indicated that Mr. Dave Nordale was present representing Meridian. Mr. Ken Sporre asked if the entrance proposed for East River Road would be needed. He questioned why the entrance on 79th would not be sufficient and mentioned that there is a problem in gaining access to East River Road at the present time. He suggested that this driveway be eliminated and a stop signal be installed. Councilman Fitzpatrick asked what the time table would be for the installation of the signal on 79th. The City Manager said i� is not in the budget for 1975. Even it it was in the.budget, the County would also have to okay this in their budget. He said this would be one or two years at least. � Mr. Sporre said he wouldlike a copy of all of the communications concerning the proposed signal on this intersection. He said he would like to meet with the county Comnissioners and present this information to them. } � ; � , The City Manager said there is no question that the City had submitted a plan to the County. He said the Council would have to provide the money in the budget for half of ' the funding before the Coanty would take any action on this. He said the City had been in contact with the County and there response was that this is not warranted. , Mr. Sporre said he would like a copy of the correspondence on what has been said by the City and the response of the Courity. N e said he would like to see what the City had requested of them. He said he did not think the Council should approve the proposed matter of consideration of the construction of the store until some decision is made on the signals at this intersection. The City Manager said the staff would provide Mr. Sporre with all of the information they they have. Mr. Sporre said he would like a copy of'the City's written request and the copy of the answer that was obtained from the County. i The City Manager�said the City cannot state their case until they have provided the money. Mr. Sporre said the City would be able to show their interest. The City Manager said y.es. Mr. Sporre said the City should tell the County their intentions until this is provided in the budget and contact three commissioners about the plan. Councilman Breider said the County would not be able to make any commitment for money until after the 15th of July, after their second computor run. He said this would , allow the City some time to reacton to the budget item. He said this would allow two to three weeks to get togther onthe matter. ! Mr. Sporre repeated his suogestion that the approval of the current request be hel�d 'I up until the decision is made on the intersection, He said if there has been any ' .. � ' REGULAR COUNCIL MEETING OF JUNE 2, 1975 previous correspondance, he would like to see it. PAGE 13 Z13 � Counci,lman Fitzpatrick questioned if any firm request had been made by the City ' , since this was not in the City's budget. He continued to state there would have to be a question on the part of the County at this time. He said this should be talked about in the plan for the area. He felt this signalization ` � to be very important to the area and thought that this shoulil be talked about with the County. � , � ' , � Mr. Sporre said he would like to read over the basic documents and this would take a while to study and prepare a pr�sentation to them. Mr. Alex Barna addressed the Council and said he traveled in this area approximately 3:45 P.M. and saw a school bus unloading on East River Road by the apartments. He said if there is berming in this area, the children will not be able to see if there is traffic coming. Ne mentioned that the children dart off in all directions and the extensive landscap;ing with additional trees and the building would be a safety hazard. He suggested that the plan be just a building and Tawn and not extensive lanscaping with trees and berms. �layor Nee asked if it would be possible to change the stipu- lations of th. Board of Appeals. He said there should not be a bus stop off East River Road. He said he felt the bus stops should be changed. The Public Works Director explained that there is a safety zone provided for 20 feet and there is also extensive boulevard in this area. He said this is quite a distance. Mr, Richard Harris asked if the boulevard property was f.b� snow storage or for future construction and the Public Works Director said basically for snow storage, not for construction. Councilman Fitzpatrick said ihere has been an ircrease in traffic in this area and this is the time when the traffic problems are being studied for a solution. He said it was his feeling that this item should not be approved until the traffic intentions are pursued for the future. Mayor Nee asked if the 18% coverage figures had been computed by the staff or furnished by the developer. The Public Works Director said they had been figured by. the staff. ' Mayor Nee asked when this land was purchas�d. Mr. Nordale.said the Company had an option to purchase the property from the present property oHm er. P1ayor Nee asked when the property had last changed hands. Mr: t�ordale said he believed this was two to three years ago. The City Attorney informed the Council that there had been � a request to construct a service station at this location several years ago. He said this property was never owned by.the owners of the apartment comp7ex. Councilman Fitzpatrick said he was on the Planning Commission at the time and this part of the property was never purchased by the apartment development, it was left there. Mayor Nee said what he was try�ng to estab]�sh is if the property was under the present zoning requirements at the time it was last purchased. ihe City Attorney said�khis h� not changed for some time. M�ayor Nee asked if the property had changed hands after the eimt that the setback requirements became law in the Cit.y. The City Attorney said he would have to research this. Councilman Fitzpatr��k said what Mayor Nee was trying to determine is when were_the setback requirements adopted in comparison to the purchase of the property. Mayor Nee said he would not want the applicant to say the City•had changed the rules on them. Mayor Nee said he did not see why the City should make any waivers on the property. - He said he did not feel there should be any exit.on East River Road. He said there had been many problems with the C-2S zoning in the area and it has been said that it should not be there. He said the City is trying to keep a residential property to the area. Mayor Nee commented in other areas the no left turn signs have been installed and the motorists ignore them. He felt this would also happen in this case. Councilman Fitzpatrick said even with the right turn, there will be a traffic jam there. Mayor Nee questioned if there would be a legal claim to the exit. The City Attorney said the item should be tabled to allow the administration to research the matter. He said he would need some additional information such as when the property was purchased and also some time to work out a more acceptable solution to the proposal. MOTION by Councilman Fitzpatrick to continue the item until the next meeting of the Council to allow the administration to research the time sequence of the requirements on the property as compared to the time of purchase of the property. Seconded by '�� _ _ _ . _ _ _. . _ __ _ _ _. 214 REGULAR COUNCIL MEETING OF JUNE 2, 1975 . PA6E 14 Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Coucnilman 8reider Control Subcomnittee meeting a voice vote, all voting aye, to receive the minutes of the of May 22, 1975• Seconded by Mayor Nee declared the motio Building Standards-Design Councilwoman Kukowski. Upon n carried unanimously. JCWGR LJa.i�v.. �.. .'_ _ Mr. Dropps addressed the Council and said he was the owner of a parcel of property called Rice Creek Estates. He said this is south of Rice Creek Road and�we��y;fheelsamin Street. He said everytime he comes in fior a building Pecontinuedtto comment that this required to set aside a storm sewer escrow. P1r. Dropp are currently property has been assessed twice in the past for storm sewer, and they const�eatto escrow moneynfornalprojectsthat hadtneverHbeenlapprovedtand thebelis no requi s said he had talked to the City pending assessment required in this case. Mr. Dropp Attorney asendin� ahletter tontherAttorney1General askingehimshis opinioneof this� authorize 9 practice. Mr. Dropps said he had gone over the ordinance that is being enforced by thispractice and he did not feel that this money would have to be escrowed if he is constructinh15nifntherelwasstombe�internalrconstructionrforethis improvement, butsaid he would see t based on his interpretation of the law according to logic, he did not reel th�s was a legal practice. ;�;r. Dropps said� theramountaperflotnamounted�to aboutroneahalfhof the $800�required�forrest on it. He sa each 10,000 square foot lot and this would be a total of about $20,000. He said this �s set in a ueneralnbef�ontactedeconcerrr ngethis �equirementeandaalsoethattthetescrowy Attorney requirement be discontinued until the time that the opinion is furnishe . Mayor Nee questioned MrMr�rDpoppsnanswePednthatathey aretdoing everythingeandtpaying drainage of the area. for everything}nn for phas andatheyNalsoahadtcontributedstoutwonother�storm sewer system and pay g inprovements and Mr. Dropps said yes. The Public Works�Director said the prev�ous assessments were for Projects #106 and #114. Mayor Nee asked where the outfall for this projedttoaescrow anotherf$8005perUlotbunderrtheLescorwMayTheNCetySManagerhsaiduthe be requ7r owner would be given credit for anything that �has been assessed under the prev�ous project�.,�otr• �hepCityaAttorneyasamdmth�s amount iswbasedbon�a�l0a000hsquarepfootulot $400 pe The City Manager said tt�e City had proposed a plan for this area and the City Council had iadeca�oblemaintthePa�eacinWthedBr�ardale�Develpment.t1He saHd therethad been a drain g P rob1em, and not several alternatives:such as taking care of the whole drainage p alloionmentymakingdtheideveloperstpayathe highest�possQbleramountnin1escrow to take deve p care of the drainage problems of the area. He said e�ttha�eWP idhforeW Hensaid �et e homes could be told that the assessments on the prop y City ConncslstemPwas proposed,�buththe1DeveloperSdidHnotawantnthis typeroflsol�utionpment a pond g Y The.��artMcularrt9mestafter soymuch �timephasapassedeanddmanyUOftthe esQrowerequirements this p had been filled• another buildera hHehsaidahe was notPinformednabout this escrowers had been paid by arrangement at the offset of the projec�OVe�e saThehCityeAttorneytsaidethistis�not au�r- ing money for something that is not app pending assessment. The City Mana9er said this is escrow. and askedAthatnthe situationlbe analyzedpbypPhe Attorney.C�Heehadndirectedather Attorney to contact him if there was a contrasting opinion. He said he had not heard from the ATS�StatednheMque�st�ionedhad thisnwaselegallynright.thThe�CitytAttorney ritht. Mr. Dropp to talk about ttiis with Mr. Dropps' Attorney. The City said he would be happy inion is based on the fa�ct that the improvements are being Attorney said Mr. Dropps' op constructed within the plat and he had•not seen any reference to this situation in t e State Statutes. , � ' REGULAR COUNCIL MEETING OF JUNE 2, 1975 � ' LJ � , ' , � r � u ' ' � �' 215 PAGE 15 Mr. Dropps said he was asking the Council to send a letter to the Attorney General asking him if this is legal. He questioned if this would be very difficult. The Eity Attorney said he fe7t the matter would be better handled through a declaritory judgement in District Court. Ne said it is perhaps a grey area and there is nothing to say that this cannot be done. Mr. Dropps said he is sell9ng the homes to people in the area and he did not know � how to advise them on where the situation 5tands. He said presently they had to charge the people for the escorw amounts and cannot answer who or when they would ever get it back. He said if there is a system going to be installed in the area, he would be happy to pay for this, but he wanted to knqv� where he stood and all of the other builders in the area feel the same. Councilman Starwalt asked how much is being escrowed by Mr. Dropps. Mr. Dropps said he had escrowed $407 on one lot and $457 on another. Mr. Dropps said the future home owners of the..area should be allowed to decide onthe matter of the construction of the improvement of the storm sewer. They should be given the chance to make the decision. Councilman Starwalt said the Council's objective in requiring this escrow money is to protect the future home owners from unscrupulous builders. Councilman Starwalt suggested that Mr. Dropps' Attorney forward some cor'respondance to the City Attorney so the City would have some correspondance on the matter. Councilman Starwalt said the concerns shald be outlined in writing. Mr. Dropps said he had hoped this could be handled with the Council through communication with them, he hoped it would be done in a gentlemanly fashion without court action. Mr. Dropps responded that the decision had not been made and said he felt the City was setting aside money that would never be used. Councilman Starwalt said the decision has been made, and the developers are being required to pay. Mr. RrAp�s responded that the decision has not been made on the project. He said the project is unknown and may never happen. Councilman Starwalt said this is not known. Mayor Nee said he is disturbed�that Mr. Dropos` Attorney had not stated the cost to the City Attorney. The City Attorney said he felt his request reasonable to make. Mayor Nee said he would like this matter resolved and would like to see some facts before the Council when the matter cemes back. He�aid if the two parties cannot get togefiher on something, maybe, there should be litigation to settle the matter. , Mr. Dropps said he would not want the City to require the escrow untii after this is � resolved. The City Attorney said this situation is no different than that of Mr. �4iller, Mr. Harris or Mr. 0'Bannon. He said the pattern had been set before this development in the City. Councilman Starwalt said he could sympathize with the predicament but he did not think it was as much of a problem as it had been pointed out to be. He said this is being required for future projects. btr. Dropps objected to.the fact that this money is not being placed in an interest bearing account. Councilman Starwalt said he did not know who the money is being escrowed with. The City Manager said ii is being escrowed with the City. Councilman Starwalt asked who received the interest on the escorw money and the City Manager said this goes to the project. Councilman Starwalt said this is protection for future home owners. Councilman Breider asked which way would be the best method to test the ordinance. He asked if Mr. Dropps' Attorney would get together with the City Attorney. The City Attorney said he would be happy to meet with the Attorney. He said the Attorney would have to determine if the requirement is contrary to their belief, or there is nothing he could do. He said the court could Fe,dr the arguments on both sides and make a ruling. Mayor Nee asked Mr. Dropps to have his Attorney contact the City Attorney and Mr. Dropps said he would do this. He thanked the Council for their time. The City Manager said this type of requirement has been on the books for two to three years. He said a project can be made of this area. CounciTman Breider said this is not the problem. The basic problem is whether or not this is legal. The City manager said this would involve some costs. Mayor Ivee said the point is if this is a defenseful policy. He added, no one was talking about a change in policy unless it is determined to be illegal. Counciiman Starwalt asked what project the City Manager was talking about. The City Manager said �Ronding, etc. Councilman Starwalt said he thought this was completed. The City P�anager said the overall project i5 not done. .. '� 216 � REGULAR COUNCIL MEETING Of JUNE 2, 1975 PAGE 16 The Public Works Director asked the Council if the present policy of collecting the escrow should be continued and Mayor Nee and Councilman Breider said yes. RECEIVING THE MINUTES OF THE CABLE TELEVISION TASK FORCE MEETItdG OF MAY ]3, 1975: MOTION by Coucnilman Fitzpatrick to receive the minutes of the Cable Television Task Force Meeting of May 13, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote. all vobing aye, Mayor Nee declared the motion carried unanimously. RECEIVING TNE MINUTES OF THE HUMAN RELATIONS'COP4MITTEE P1EETING OF MAY 15, 1975: MOTION by Councilwoman Kukowski to receive the minutes of the Human Relations Committee meeting of May 15, 1975. Seconded by Coucnilman Starwalt. Mayor Nee said he hoped that the Council would receive an opinion on what they are doing about .juvenile cita.tions. N� mentioned he would like the Attorney's ooinion. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimu4sly. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING Of MAY 19, 1975: MOTION by Coucnilman Fitzpatrick to receive the minutes of the Parks and Recreation Cor�nission meeting of May 19, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MAY 20, 1975: MOTION by Councilman Starwalt to receive the minutes of the Charter Commission Meetin+j of May 20, 1975. Seconded by Coucnilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the moti'on carried unanimously. The City Manager said the Councilwould have to take action on the amendments or they would have to be placed on the general Election ballot. He pointed out that the Counc�l should set a public hearing on the matters which would possibly be placed on the ballot. He continued that this process is a lengthy process. Ne said enough time would have to be allowed for the Charter Commission to place the items on the ballot for the general election. Councilman Breider asked if the entire proposal would have to be published. The City Attorney said there 4�ould not have to be publication on the items that are not put to the general election. Councilman Breider said he would like to have the whole proposal prepared for the public hearing so the Council and people woulci know what they are talking about. The City Manager p.ointed out that the latest that the Public Hearing could be scheduled would be June 9, 1975. He said the Council had gone over the amendments be�fore. He said there was a question raised whether all of the items had to be gone over agai►i. He said if the majority of the Charter Commission and the Council unanimousTy agree on the changes, this could be done by the ordinance and would not have to be submitted at the general election. He aid if the Charter Conmission would agree to the Council's intentions, the Council.could adopt this by ordinance. Councilman Br.eider said he would like the people to see the whole picture. , MOTION by Councilman Breider to set the Public Hearing on the entire proposal for the Charter Amendments for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Dennis Schneider addressed the Council and said he would hke the Council.to be aware of how a group of citizens from the Fridley DFL had been treated by some of the members of the Charter Co�nnission at a recent meet�ng. He said they had attended the meeting at the request of the Charter Commission to discuss the concerns of the Charter amendments. He pointed out that those attending the meeting were drilled and made to feel uncomfortable. Ne said he did not think this kind of action encourages public participation in the .Charter Cormnission. He asF:ed if the Council ' � ►�ould protest the Charter Comnission attitude through their Council minutes. Mayor Nee said the Council has no direction over the Charter Commission. Councilman Breider said the Charter Comnission is not a�pointed by the Council, they are appointed by a District Judge. REGULAR COUNCIL MEETING OF JUNE 2, 1975 CONSIDERATIOY OF APPOINTMENTS TO CITY GOMMISSIOWS: PAGE 17 'L1? Councilman Starwalt asked if the apointments to the Commissions could be done at an Executive session of the Council with all of the members present. Mayor Nee said this cbuld be done at a special meeting, but not an executive session. Councilman Starwalt asked if this could be handled at a meeting such as the meetings that would be conducted for the hiring of per�sonnel. Councilman Breider said he knew what Councilman Starwalt wastalking about, but he '� thought he would rather talk about the appointments at the current m°eting. Ne said there would be no better way ihan to discuss' the matter. He a�dea there are many qualified peop]e willing to serve. Mayor Nee asked if the Council would like to call a special r!meeting to make the appoint- ments rather than continue to do this at the late hour. He suggested the coming evening. MOTION by Councilman Fitzpatrick to set a special meeting of the Council for Tuesday, June 3, 1975, for the purpose of making the appointments to the City Commissions. Seconded by Coucnilman Starwalt, (Note: This motion was withdrawn later in the discussion.) Mr. Bill Scott; 1632 69th Avenue fV. E., addressed the Council and said there were • quite a few people present at the meeting who wanted to hear this item. He asked the Council to consider that this might be some inconvenience to the citizens to postpone the item when they had been waiting at the meeting until this late hour and would have � to set aside plans the next evening to attend another meeting on this. He asked the Council to reconsider the motion and consider the matter when it had been scheduled. Mr. Scott stated if this was to be a controversial matter, it should tiave been on the agenda earlier in the meeting. . Mr. Dennis Schneidzr asked if the open meeting law would require notifica�ion. Mayor - Nee said the current comments would be nofitication. Mr. Schneider said it may be adequate, but he did not feel it woul•d be sufficient. � COUNCILMAN FITZPATRICK SAID HE WOULD LIKE TO WITHDRAW HIS MOTION WITH THE APPROVAL , of the Seconder. Councilman Starwalt said he agreed with the withdrawal of tne motion. \ Mrs. Helen Treuenfels, 5248 Horizon Drive, addressed the Council and pointed out that the Council had originaTly set a Wednesday conference meeting for discussion of the appointments. This had been changed to the following Thursday, then schQduled for Monday and now the Council was proposing to set this for Tuesday. Councilman Fitzpatrick said the appointments were not discussed at the Conference Meeting. Mrs. Treuenfels said the method of appointments was to have been discussed at that time so they could be discussed at the current meeting. She mentioned the appointments were currently two months overdue. Councilman Starwalt said he understood what P4rs. Treuenfels was talking abaut. Ne commented that there were many items on the agenda for that � conference meeting and many others were acided the night of the meeting. He sai<I it got too iate to add the discussion. MOTION by Councilman Breider to appoint Mr. Rich�d Kemper, 6737 7th Street N. E., to the Appeals Comnission for a term to expire April l, 1978. Seconded by Councilman Starwalt. . . Councilman Starwalt questioned the method that would be used tc make the appointments. Mayor Nee said he had given the Council several proposals for orderly proceedings for appointments. Ccuncilman Breider said Mr. Kemper is very concerned about� his community, is active and would do an excellent job in this office. Councilman Starwalt asked how the Council would make the appointments to constitute better Ward distribution. Mayor Nee said in the instance that a term would be up, in most cases, the past members of the comnittees would be re-appointed. Mr. Bill Scott suggested that those people that have given good and faithful service be nominated. Councilman Fitzpatrick asked if a number of people would be nominated and the Council . could elect from amor.g them. Councilman Fitzpatrick said each member of the Council could elect five members from them. Councilman 8reider said if someone is bumped from the comnittees they would have to be removed with someone else being elected. Counailman Fitzpatrick said nominations would have to be made for those terms that are expiring. P4ayor Nee said this was not clear to him, some of the committees would � need adjustment due to the revamping of the corrmission structure. Councilman Starwalt asked if it would be possible to vote on a slate of nominations. - _I L18 . REGULAR COUNCIL MEETING Of JUNE 2, 1975 PAGE 18 Councilman Fitzpatrick said some process would have to be followed. Mayor Nee said those people who's terms are expiring would not need any action. The City Attorney . said there wouid be no action necessary on those who do not expire this year, this • has been the case as long as he remembered. Councilman Fitzpatrick said the Council would nominate for the open positions and if several are nominated, the Council would elect a member from the nominees. MOTION by Councilmar. Fitzpatrick to nominate Mr. Alex Barna, 570 Hugo Street, to the Appeals Corrmission. Seconded by Gouncilwoman Kukowski. MOTION by Councilman Starwalt to nominate Mrs. Virgina Wahlberg, 1452 4Jindemere Drive, to the Appeals Co�nission. Seconded by Councilwoman Kukowski. Councilman Breider asked if some background or history of the nominees should be given. Councilman Fitzpatrick said Mr. Barna was present at the current meeting and the Council and the Council had seen him at many meetings. He continued to state that Mr. Barna has interest in the people and the business of the City and this had been demonstrated. Councilman Fitzpa*rick indicated Mr. Barna had expressed interest in serving on some City Comnission, ��ot specifically the Appeals Co�nission. Councilman Starwalt explained that Mrs. Wahlberg had served on the Board of Appeals ' for a three year term and she had been consistant in attendance at the meetings. Council- man Starwalt said from the minutes of the meetings, he thought she had entered into the disucssion and could understand the total overall progress and goals of the City. He added, she is a gal, and this cuts a little ice. Mayor Nee questioned how the members of the Council would like to vote on the appoint- ments. Councilwoman Kukowski mentioned that the Cauncil had to take this procedure step by step. Councilman Breider said this could be done by secret ballot. Mayor Nee said this would be a late meeting. UPON A VOICE VOTE, on the motion to appoint btr. Richard Kemper, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE, on the motions to elect either hir. Barna or P•1rs. Wahlberg,�Council- woman Kukowski voted for Mr. Barna, Councilman Starwalt voted for Mrs. Wahlberg, Council- man Breider voted for Mrs. Wahlberg, Mayor Nee voted for Mrs: Wahlberg and Councilman Fitzpatrick voted for Mr. Barna and Mayor Nee declared Mrs. Wahlberg elected as a member of the Appeals Corr�nission with a term to expire April l, 1978. RECESS: .� ' Mayor Nee called a 15 minutes recess at 12:01 A.M. RECONVENED: ' . Mayor.Nee reconvened the meeting at 12:13 A.M. . Mayor Nee called for nominations to the Community Development Commission. He pointed out that this would include all members to the Commission. � MOTION by Councilwoman Kukowski to nominate Ms. Sandra Lubbers, 1524 South Timber _.. Ridge to the Comnunity Development Corrmission. Councilwoman Kukowski said Ms. Lubbers is very active in the field of woman's rights and has a strong personality and would be an asset to the Community Development Commis- sion. She indicated she resides in Ward II. MOTIOPI by Coucnilman Breider to nominate Mr. Bill FQrster, 7539 Tempo Terrace, to the Community Development Comnission. Councilman Breider said Mr. Forster had been a member of the Plats and Subdivisions , Corrmittee for two to three years. Ne said he is an engineer, very active and from the northeast side of Minneapo�is, Councilman Breider said Mr. Forster lives in Ward I. , MOTION by Councilman Starwalt to nominate P1r. Herman Bergman, 5503 Regis Traii N. E., to the Comnunity Development Comnission. ' Councilman Starwalt said Mr. Bergman had submitted a letter to the Council requesting appointment to a commission. He also pointed out that Mr. Bergman is an engineer at Univac and has had experience in budgeting and management. Councilman Starwalt said . this experience could be an asset to the City. , RE6ULAR COUNCIL MEETING OF Jt1NE 2, i475 PAGE 19 � ' MOTION b Councilman Fitz atrick to nominate Mr. Hubert Lindblad, 160 Crown Road, Y P to the Community Develpment Comnission. , ' � � 1 �� I �J 219 Councilman Fitzpatrick said Mr. Lindblad has been the Chairman of the Building Stand- ards Corrmittee and resides in Ward III. He said the position which he has been serving no longer exists and his term was to expire in 1977. MOTION by Councilwoman Kukowsk.i to nominate Mrs. Lee Ann Sporre, 301 Ironton, to the Comnunity Development Corrmission. (Note: This nomination was withdrawn later in the meeting.) Councilwoman Kukowski said whe would rather have Mrs. Sporre serve on the Environmental Quality Comnission, but her term had expired and there is a limit to the membership due to the revamping of the comnissions which will not allow an extension. Councilman Starwalt said he would rather have Mrs. Sporre on the Environmental Quality Commission and asked Mrs. Sporre what her thoughts on this were. Mrs. Sporre �sked what the point was that Councilman Starwalt was trying to make. Mayor Nee said there are no openings on the Environmental Quality Commission. Councilman Starwalt said there is one person who had indicated to him that he may want to serve on another co�rQnissi�� rather than the Environmental Quality Commission. Councilman Breider said he would rather see Mrs. Sporre appoinied to the Environmental Qua7ity Comnission. Councilman Fitzpatrick said he was prepared to nominate D1rs. Sporre to . the Parks and Re�reation Corrmission. Councilman Sreider again stated he would rather see Mrs. Sporre on the Environmental Quality Comnission because she has the back- ground and has done the research to better quaiify her for the Environmental Quality Commission. , Councilman Starwalt said Mr. Leroy Oquist may consider leaving the Environmental .Quality Commission because this particular Corr�nission is not that great an interest to him. Councilman Starwalt said Mr. Oquist had indicated he may be qualified and experienced for a position on the Corrmunity Development Commission. ' COUNCILWOMAN KUKOWSKI WI7NDREW her motion to nominate Mrs. Sporre to the Community Development Corrmission. Councilman Starwalt explained that Mr. Oquist had indicated an interest to ser•ve ' , on the Corrmunity Development Comnission. He said he is an engineer at Control Data with a broad background. He added his attendance and interest had been good on the Environmental Quality Comnission. � � ' �J , I ( � MOTION by Councilman Starwalt to nominate Mr. Leroy Oquist to the Community Develop- ment Comnission. . MOTION by Councilman Fitzpatrick that the nominations be closed. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor tdee declared the motion carried unanimously. MOTION by Councilman Breider that those appointed to the Community Development Commission be appointed. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager said there are three people from Ward II on the Community Development Comnission. Mayor Nee called for nominations to the Human Resources Commission. MOTION by Councilman Kukowski to nominate Mr. Bill Scott, 1632 69th Avenue N. E., to the Human Resources Corm�ission. Seconded by Councilman Starwalt. Councilwoman Kukowski said Mr. Scott had been'very very active in the Human Resources field and has related background. She mentioned he is a fantastic supporter of women and she thougit he would be an asset on the Cormiission. MOTION by Councilman Breider to nominate Ms. Nancy lambert, 5965 4th Street N. E., to the Human Resources Corrmission. Councilman Breider said Ms. Lambert is a very concerned individual and very active in the community. He felt Mrs, Lambert would be a good person for the Human Resources Comnission. MOTIOP! by Councilman Fitaptrick to apoint Mr Harold Belgum, 191 Hartment Circle to the Numan Resources Commission. , Councilman Fitzpatrick said Mr. Belgum is presently acting as Chairman of the Human 220 REGULAR COUNCIL MEETING OF JUNE 2, 1975 . PAGE 20 i Relations Comnittee. He mentioned that Mr. Belgum had appeared before the Council with a•very ambitious project the previous evening. MOTION by Councilman Starwalt to nominate Mrs. Barbara Shea, 1456 Windemere Drive N. E., to the Human Resources Comnission. Councilman Starwalt said Mrs. Shea is currently on the Human Relations Committee and has been a faithful member of that Cor.mittee. He explained she resides in Ward I. MOTION by Councilwoman Kukowski to apoint Mrs. Grace Lynch, 580 54th Avenue N. E., to the Human Resources Comnission. Councilwoman Kukowski said Mrs. Lynch has been a very active member of the Human Relations Committee and had tried to obtain funding for the City in a CETA program. MOTION by Councilman Fitzpatrick that the nominations be closed and the five people nominated to the Human Resources Commission be apointed. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee called for nominations to the Environmental Quality Commission. MOTION by Councilwoman Kukowski to remove Mr. Leroy Oquist from the Environmental f Quality Comnission. Seconded by Councilman Fitznatrick: Upon a voice vote, all voting � aye, Mayor Nee dec7ared the motion carried unanimously. MOTION by Councilwoman Kukowski to nominate Mrs. Lee Ann Sporre to the Environmental k quality Commission for a term to expire April 1, 1978. Seconded by Counc�ilman Starwalt. ; Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � . y Coucnilman 8reider said he had no objections to not having an appointment from 4lard f I since those on the Co�nission are all very qualified people who have been doing a � good job. - Mayor Nee asked for nominations to the Parks and Recreation Comm�ssion. 4 ! MOTION by Councilman Fitzpatrick to nominate Mrs. Joyce Storla, 7548 Alden Way, to the , � Parks and Recreation Comission. Seconded by Councilwoman•Kukowski. � Councilman Fitzpatrick said Mrs. Storla lives in the Third Ward. (Note: This was withdrawn.) � x MOTION by Councilman Breider to nominate.Mrs. Jan Seeger, 324 Ironton Street N. E., °. to the Parks and Recreation Gomnission. � Councilman Breider said Mrs. Seeger is very very active in activities concerning the Parks in the City. Ne pointed out that she was responsible for the acquisition of Ruth Circle Park and has been active in the other park concerns in the City. COUNCILMAN FITZPATRICK WITHDREW his motion to nominate Mrs. Joyce Storla. MOTION by Councilman Starwalt to close the nominations and approve the apointment'of Mrs. Jan Seeger, 324 Ironton Street, to the Parks and Recreation Commission. Mayor Nee asked if there would be any removal from the Parks and Recreation Commission. -`- � Councilman Starwalt said neither of the Ward I members were from his Ward and they • were both in attendance at the last meeting of the Commission and had been working very hard. He said they both have a very vital concern about the City of F,ridley. Councilman Breider said geography is one thing, but he`knew both men, Mr. Harris and Mr. Peterson, they are very interested in Little League Sports.' He said he had not looked at Mr. Harris and �1r. Peterson as his neighbors, but because of their interest in the City's programs. Councilman Fitzpatrick said Mrs. Seeger's term would expire in April of 1978. Mrs. Lee Ann Sporre addressed the Council and said if a person is doing development in the City of Fridley, she felt this to be a conflict of interest in making policy • decisions for the City. Sli° said this question was raised before Mr. Harris was � appointed. Councilman Breider said the Council has the final authority in the decision making process. Fle said the Parks and Recreation Commission runs the Recreation program in � the City on a budget adopted by the Councii. . I � , . r � � �� L 21" REGULAR COUNCIL MEETING OF JUNE 2, 1975 . PAGE 21 Mrs. Sporre said she would like to remove the taint from the recommendations coming from the Parks and Recreation Corrunission. She felt the Council should remove itself from being a part of this type of question. Councilman Breider referred to the question of the man's business and said this man is concerned with young people. He said this is a pre-requisit to being a member of the Parks and Recreation Comnission. He mentioned that they had just appointed other people that have their businesses in the City of Fridley. MrS. Sporre said Mr. Narris is a developer. She commented that the Council has to choose its advisors and referred to the recent scandal with Nixon's advisors. Councilman Fitzpatrick said he would not be able to move for the removal of Mr. Harris on the grounds that he is a deveioper in the City of Frid]ey because he had just nominated Mr. Richard Harris as Chairman of the Planning Commission and h� is a developer in the City also. He said this does not disqualify a person from being a member of the City's Comnissions. Mr. Nick Garaffa said.there was one issue where they may have been some co�flict of � interest and he referred to the transfer of Park property between Mr. Narris and City of Fridley and said this was done on the recommendation of the Parks and Recreation Commission while Mr. Harris was a member. !�� J �J ' ' ' Councilman Breider said this was discussed before th�e Council and Mr. Harris said he did not care if the land was swapped. He said Mr. Harris had been above board on the whole proposal. He said if the City did not want to trade this land, it would nat have had to. D1r. Garaffa said he was on ly trying t� point out where there may have been a conflict of interest. Mayor Nee said it would be in order to present nomination for the Police Commission. The City Attorney said before the Council proceeded, he would like to advise them that he did not think the Counc�l had ever removed anyone from a commission without cause. He said he thought the Council should continue with this policy regardless of - who the man is. The City Attorney said if the man is not atterding the meetings, he could be replaced. He thought it would be bad policy to remove a person after a portion of the term had expired to appoint someone else. UPON A VOICE VOTE, on the motion to appoint Mrs. Janice�Seeger, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Fitzpatrick to nominate Mrs. Helen Treuenfels to the Police Commission. Seconded by Councilman Starwalt. Councilman Breider said he felt Mrs, Treuenfels would do a good job on the Police ' Commission. He said there are a number of items being talked about with the State and County officials on the joint recruitment for Civil Service. He again stated that Mrs. Treuenfels is well qualified and would do a good job. ' UPON A VOICE VOTE, to appoint Mrs. Treuenfels to the Po]ice Commission, all voting ' aye, Mayor Nee declared the motion carried unanimously. � Mayor Nee went on to call for nominations to the Cable Television Commission. � �. MOTION by Councilman Breider to appoint Mr. Ken Brennen to the Cable Television Commission. Seconded by Councilwoman Kukowski. Counciiman Breider said ihe City had received a letter from Mr. Brennen indicating a ' resignation and Mr. Brennen would be qualified with his work with Medtronics and after completion of the course on Public Access Television. Councilman areider said Mr. Brennen is very qualified. i '' MOTION by Councilman Fitzpatrick to nominate �1r. Mark Scott from the Anoka County library to the Cable Television Corrmission. Seconded by Counci]man Starwalt. MOTION by Councilwoman Kukowski to nominate Father Ed to the Cab]e Television Commission. .Seconded by Councilman Starwalt. (Note: This nomination was withdrawn.) Councilwoman Kukowski mentioned that Mayor Nee had suggested an appointment to this comnission. Mayor Nee said this is Ms. Nancy Wrubel. MOTION by Councilwoman Kukowski to WITHDRAW the motion to nominate Father Ed. j . �� 222 . REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 22 MOTION by Councilwoman Kukowski to nominate Ms. Nancy Wrubel, 7343 Hayes St. N. E., � � to the Cable Television Comnission. Seconded by Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to close the nominations and approve those nominated for appointment to the Cable Television Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to re-appoint Councilman Breider to the Anoka County �Law Enforcement Council. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion �carried unanimously. MOTION by Councilman Starwalt to appoint Councilman Fitzpatrick to the Law Enforcement Council as alternate representative. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to appoint Councilman Starwalt to the North Suburban Sewer Service Board as a Representative. Seconded by Councilman Breider. Upon a voice vote, all.voting aye, Mayor Nee declared the motion carried unanimously. � Mayor Nee suggested the appointments of Mr. Larry Connnors and Mrs. Les SvencSen to the Fridley Housing and Redevelopment Authority. MOTION by Couc�ilman Breider to concur in the recommendation of h?ayor Nee and appoint Mrs. Larry Commers and Mrs. Carolyn Svendsen to the Housing and Redevelopment Authority. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �ONnNOruF3rngre TH�RD�RIN�STREEOVIMPROVEMENTLPROJECT STD 1975IlICADDENDUMN# MOTION by Councilwoman Kukowski to adopt resolution No. 73-1975 ordering improvement, final plans and specifications and estimates of the costs thereof, Street Improvement Project No. ST. 1975-1, Addendum #l. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 74-1975 - ORDERING IMPROVEMEN7> APPROVAL OF PLANS AND ADVERTISEMENT - ---- -._ „_ ,,.�� ,..� ern� rnn�rrnir_ . MOTION by Councilman Starwalt to adopt Resolution No. 74-1975, ordering improvement, approval of plans and advertisement for bids, Street Improvement Project ST. 1975-10A (Sealcoating). Seconded by Councilwoman Kukowski. lfpon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. UTION N0. 75-1975 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL AS rc �_o RincK �_ �NAWAY ADDITION: MOTION by Councilman Breider to adopt Resoluiion No. 75-1975, authorizing and directing the splitting of special assessments on Lots 1-9, Block 2, Onaway Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. N N0. 76-1975 - AUTHORIZING AND DIRECTING THE COMBININ • MOTION by Councilman Breider to adopt Resolution No. 76-1975, authorizing and directing the Combining of special assessments on Lot 4, 5, 6 and 7, Block 4, Oak Grove Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all'voting aye, Mayor Nee declared the motion carried unanimously. N0. 78-1975 - AUTHORIZING AND DIRECTIPJG THE COMBINING OF SPECIAL ASSESSMENTS .�.. � �� nnin i nT G Ri nrK ti_ naK rROVE ADDITION: MOTION by Councilman Breider to adopt Resolution No. 78-1975, authorizing and directing the combining of•special assessments on Lots 3 and 4, Block 5, Block 6, Oak Grove Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .. � REGULAR COUNCIL MEETING OF JUNE 2, 1975 � i ' 223 PAGE 23 APPOINTMENT: CITY EMPLOYEE: � . NAME POSITIOT! SALARY EFFECTIVE REPLACES Sharon A. Schuldt Switchboard/ $523 No. 5/16/75 Coleen Olson 101 Sycamore St. Recptionist Coon Rapids, Mn. MOTION by Councilman Breider to approve the appointment of Ms. Sharon A. Schuldt as •the City Switchboard-Receptionist effective May 16, 1975. Seconded by Councilwoman kukowski. Upon a voice vote, all voting aye,'Mayor Nee declared the motion carried unanimously. � ClAIMS: GENERAL AND LIQUOR 9930 - 10081 MO7ION by Councilman.Breider to approve and pay the claims. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: � � EMPLOYEE DISPENSING BY APPROVED BY FEE Mary E. Jevne Sandee's Inc. Public Safety Dir. 5.00 1314 153rd Lane N. E. Anoka Kathryn J. Carpenter 7899 University Ave. N. E. Sandee''s Inc. Public Safety Dir. 5.00 Minneapolis Laurie L. Johnson Sandees's Inc. Public Safety Dir. 5.00 10380 Uplander St. N. E. Coon Rapids Debra J. Carpenter Sandee's Inc. Public Safety Dir. 5.00 9242 5th St. N. E. Minneapolis Gar•y A. Oseth Sandee's Inc. Public Safety Dir. 5.00 382 N. Cleveland St. Paul Steven E. Williams Sandee's Inc. Public Safeiy Dir. 5.00 3508 Rice St. � Shoreview , Patricia A. Gaines Sandee's Inc, Public Safety Dir. 5.00 963 89th Ave. N. W. Coon Rapids Nancy J. Jasper Sandee's Inc. Public Safety Dir. 5.OQ 6279 Baker Ave. N. E. Fridley Kathleen A. Lanigan Sandee's Inc. PublYC Safety Dir. 5.00 6511 Humboldt Ave. N. Brooklyn Center � • Linda Bourdow George's Lounge Public Safety Dir. 5.00 1001 24th Aven. M. E. Minneapolis Ardith Coleianni George's Lounge Public Safety Dir. 5.00 6540 EAst River Road Fridley ' George Dounis George's Lounge PubTic Safety Dir. 5.00 ' 7875 Firwood Way Fridley � � i � ,�` 229 REGULAR COUNCIL MEETING Of JUNE 2, 1975 PAGE 24 EMPLOYEE DISPENSING � NAME QY Karen L. Hansen George's Lounge 912 22nd Ave. S. Minneapolis Idella M. Hill George's Lounge 1121 79th Ave. Spring Lake Park Christine R. Leak George's Lounge 839 Northdale Coon Rapids ' Susan Mead George's Lounge 5972 Winnetka New Hope Anthony G. Nickl:w George's Lounge 4234 46th Ave. N. Robbinsdale Marylouise T. Pisansky George's Lounge 4105 Madison St;. N. E. Columbia Heights Bonnis L. Remmen George's Lounge . 10251 Sycamore Coon Rapids Randy Wall George's Lounge 5425 Ouincy St. N. New Brighton Richard Ward George's Lounge . 2919 63rd Ave. N. Brooklyn Center ' Sheila Wrolstad George's Lounge 3239 90 Lane N. E. Blaine . Catherene E. Anderson Shorewood Inn �137 Morgan Ave. N. Brooklyn Center Daniel K. 6lackstad Shorewood Inn 6325 Camden Avenue N. Minneapolis Rosina E. Chaffee Shorewood Inn ,� 2244 Pike Lake Drive New Brighton � Mary E. Christensen Shorewood Inn 257 99th Ave. N. E. Blaine Carol A. Delk Shorewood Inn ' 888 66th Ave. N. Minneapolis Judith A. Dittr�ch Shorewood Inn 814 Pave Pkwy. , Blaine Sandra E. Duncan Shorewood Inn - 5701 Central N. E. ' Fridley APPROVED BY FEE Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public 5afety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. . 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety air. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5,00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 0 1 � ' . REGULAR COUNCIL MEETING OF JUNE 2, 1975 ' . EMPLQYEE DISPENSING . II ' NAME BY '� Nanci M. Floyd Shorewood Inn ' 1132 Mississipp� St. , Fridley Marlys M. Foster Shorewood Inn 6700 Humbolt ' Brooklyn Center Irene R. Gustafson Shorewood Inn 4977 Tyler St. N. E. � ' Columbia Heights Beverly 0. Hagen Shorewood Inn 4546 Tyler St. N. E. ' Columbia Heights Louise J, Hannah Shorewood Inn 4601 66th Ave. N. Minneapolis ' Karah L. Nanson Shorewood Inn 11535 9th Ave. S. Anoka , � Marlene I. Jensen Shorewood Inn 800 West Co. Rd. D10Q New Brighton ' Muriel J. Micklin Shorewood Inn 5650 Polk St. N. E. - Fridley ' • Constance M. Munson Shorewood Inn 718 111th Ave. N. E. Blaine . Teresa A. Murphy Shorewood Inn ' 11933 Terrace Rd. N. E. . Blaine Wendy J. Muyres Shorewood Inn , 1381 75th Ave. N. E. Fridley Cheryl A. Nelson Shorewood Inn ' 13945 Norwood Ave. N. Anoka Carol M. Neinkerd Shorewood Inn 1270 Gibbs Ave. ' ' � St. Paul , . Judy A. Olson Shorewood Inn 7300 Cartisian N. � � BrookTyn Park , Suzanne E. Pappas Shorewood Inn � 7206 Indiana Ave. N. I Brooklyn Center ' . Linda !. Perkins . Shorewood Inn . 10638 quincy Blvd. � Blaine t.Nancy K. Rancour Shorewood Inn 12116 Radisson Rd. N. E. Blaine � . -- . --� � 25� - PAGE 25 APPROVED BY FEE Public Safety Dir. 5.00 Public Safety Dir. 5.00 Pubiic Safety Dir. 5.00 Public Safety Qir. 5.Q0 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Pubiic Safety Dir. 5.00 Public Safety Dir, 5.00 Public Safety Dir, 5.00 .. �, � � - — - � . _._._ _ • _ _ _ _ ___ __ _____ _.: , _ _ _ _ _ _ 226 � REGULAR COUNCIL MEETING OF JUNE 2, 1975 ' . PAGE 26 I� EMPLOYEE DISPENSING NAME BY Elizabeth A. Rixen Shorewood Inn 1090 52nd Ave. N. E. Columbia Heights Kathryn M. Southard Shor �+ood lnn 13 E. Dean Ave. Champlin Bonnie J. Tunsky Shorewood Inn 1923 Grand St. N. E. Minneapolis Wanda L. Wagner Shorewood Inn 3G14 Edwards St. Minneapolis Barbara C. Welch Shorewood Inn 1090 52nd Ave. Minneapolis Ann L. Williams Shorewood Inn 5760 Hackmann Ave. N. E. Fridley USEO CAR �OT Salvage Center Inc. James A. Dowds 51 37th Ave. LIVESTOCK Leonard A, Moore, Jr. 8301 Riverview Terrace SERVICE STATIOPd Hudson Oi1 Company Koch Marketing Co; � . 7315 Highway 65 Worthtown Standard Robert Rabe 7609 University Ave Target Stores Steven Moldenhauer 755 53rd Ave. FOOD ESTABLISHMENT Columbia lce Arena G. Zeigler 7011 University Ave. Fridley A& W Audrey L. Tarasar 7429 East River Road CIGARETTE Dick's North Star Richard Nennessey 4040 Marshall Street Fridley City Hall Michael Boyle 6431 University Ave. •Hudson Oil Company Koch Marketing Co. 7315 Highway 65 Lamaur, Inc. Pioneer Distributing 5601 East River Road � APPROVED BY FEE Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 5.00 Public Safety Dir. 100.00 Heatth InsQector Health Inspector 5.00 Health Inspector 36.00 Health Inspector 3C•00 Health Inspector 36.00 Health Inspector 25.00 klealth Inspector 25.00 Public Safety Dir. 12.00 Public Safety Dir. 12.00 Public Safety Dir. 12.00 Public Safety Dir. 12•�0 .. REGULAR COUNCIL MEETING OF JUNE 2, 1975 . 227 PAGE 27 CIGARETTE continued BY APPROVED BY FEE Maple Lanes The Moore Way Co. Public Safety Dir. 12.OQ 6310 Highway 65 Northtown Standard Robert Rabe Public Safety Dir. 12.00 7609 University Phillips 66 Pioneer Distributing Public Safety Dir. 12.00 ' S667 University Phillips 66 Pioneer Distributing Public Safety Dir. 12.00 6500 University Standard Oil D. K. Carter Co. Public Safety Dir. 12.00 531T University Tire City, Inc. Rodger Wede11 Public Safety Dir. 72.00 8255 East River Road Totino's Finer Foods, Inc. Pioneer Distributing Public Safety Oir. 12.00 7350 Commerce Lane . . RETAIL CANDY OUTLE7 - Comnons #2 Concession City of Fridley Public Safety Dir. Non-Profit 61st and 7th Street Health Inspector Moore Lake Beach Concession City of Fridley Public Safety Dir. Non-Profit 59th and Central Avenue ' Health Inspector BAKERY Pappy's Foods Jack Woods ' Public Safety bir _ 7879 Beech Street VENDING MACHINE Golumbia lce Arena B. J. Scheller Health Inspector 7011 University Comnons #2 Concession " City of Fridley Nealth Inspector blst and 7th Street , Edina Oil Company Go1d Meda1 Beverage Health Inspector 6101 University Avenue � Fridley City Hall Michael Boyle Health Inspector 6431 University Fridley City Hall Gold Mecial Beverage Health Inspector 6431 University Fridley, City Hall Employees Sunshine Ctub Health Inspecior (Sunshtne Club). , Frid)ey Fun Center Roger Lane Jr. Health Inspector 6440 University . Fridley Parks & City of Fridley Health Inspector Recreation Warming Houses � Grant's Shell Station Gold Medal Beverage Co. Health Inspector 7610 University Hudson Oil Company• Coca-Cola Midwest, Inc. Health Inspector 7315 Highway 65 ' Lamaur, Inc. Pioneer Distributing Co. Health Inspector 5601 East River Road Northtown Standard Robert Rabe Health Inspector • 7609 University . 25.00 105.00 Non-Pro{it 15.00 42.00 ' 15.00 Non-Profit 15.00 Non-Profit 15.00 15.00 117.00 102.00 � � 228 � REGULAR COUNCIL MEETING OF JUNE 2, 1975 VENDING MACHINE continued BY . APPROVED BY Phillips 66 Pioneer Distributing Health Inspector 6500 University Sears Roebuck Co. Pioneer Distributing Health Inspector 6199 Highway 65 Skywood Cleaners Frank Gill Health Inspector 5251 Central Avenue • Totino's Pizza Gold Medal Beverages Co. Health Inspector 7350 Commerce Lane Totino's Finer Foods Inc. Pioneer Distributing Co. Health Inspector 7350 Camnerce Lane Maple Lanes 6. J. Scheller Health Inspector 6310 Highway 65 EMPLOYEE DISPENSING Sharon L. Bahnsen Ground Round Public Safety Dir. 1129 79th Ave. N. E. Judy I. Clark Ground Round Public Safety Dir. 2597 Quincy St. N. E. Edward A. Hanson Ground Round Public Safety Dir. 1735 Marion St. Bonnie L. LaPointe Ground Round Public Safety Dir. 6717 Humboldt Doreen A. Lischalk Ground Round Public Safety Dir. 5357 4th St. N. E. Dean W. Palm Gound Round ' Public Safety Dir. 4921 4th St. N. E. . Philip G. Philipps George's Lounge Pubiic Safety Dir. 3839 Hart Blvd. . , GENERAL CONTRACTOR T. M. Campion Company T. Michael Campion D. Clark 2139 Lowry Ave. N. Minneapolis • R. J. Hagberg Construction Russell J. Hagberg D. Ciark 1308 79th Ave. N. Brooklyn Park •�. Luthi Construction Co.• Harlan Luthi D. Clark 2508 Co. Rd. I Moundsview John 0. Tapio Douglas N. Thoms D. Clark dba John's Service 7531 Greenfield St. Apt.105 ' Minneapolis EXCAVATORS ' � Purcell Construction, Inc. Fred Purcell D. Clark 6031. Pillsbury Ave. S. Minneapolis HEATING Mooney Air Cond. Corp. Grant H. Mooney W. Sandin 32 Tenth Ave. S. � PAGE 28 FEE 27.00 15.00 10.00 15.00 137.00 117.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Hopkins . m � � �� , � REGULAR COUNCIL MEETING OF JUNE 2 1975 MOVING Badger Movers, Inc. 10601 Nassau St. N. E. Blaine gy APPROVED BY Evert J. Boerhave D. Clark zzy- PAGE 29 HOUSE TRAILER Fridley Office Supply R. M. Bryan, Pres. D. Clark 6253 Highway 65 N. E. Fridley (Temporary Office 35 to 45 days) MOTION by Councilman Breider to grant the licenses asl.tsted in the agenda. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY JAYCEES: REQUESTING LICEfdSES FCR CARNIVAL AND SOFTBALL.TOURNAMENTS: MOTION by Councilwoman Kukowski to approve the licenses and receive the communication from the fridley Jaycees concerning the Softball Tournaments. Seconc!ed by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MICHAEL SEr2VETUS UiVITARIAN SOCIETY; REQUESi FOR AUCTION PERMIT: MOTION by Councilman Breider to approve the auction permit as requested by Michael Servetus Unitarian Society and waive the fees. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. WYMAN SMITH: WITHDRAWAL OF REQUEST FOR LJ. STEPHENS BUICK SPECTAL' USE PERMIT, 7701 EAST RI4E R Q: � MOTION by Councilman Fitzpatrick to receive the communication from Mr. Wyman Smith concerning the withdrawal of the request for W. Stephens Buick Special Use Permit at 7701 East River Road. Seconded by Councilman Breider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. JAMES GIBBS: APPRECIATION TO PUBLIC WORKS EMPLOYEES: MOTION by Councilman Fitzpatrick to receive the communication from Mr. James Gibbs ' in appreciation to the Public Works Employees. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATION REGARDIPJG TOUR OF MUNICIPAL GARAGE, SATURDAY, JUNE 7, 1975: MOTION by Councilwoman Kukowski to receive the communication and set a special meeting of the Council for Saturday, June 7, 1975, at the Municipal Garage at 9:00 A.M. for the purposes of touring the Garage. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF RESCHEDULING OF JUNE CONFERENCE MEETING: Councilwoman Kukowski indicated she would not be present for the last two weeks in June. Gouncilman Breider indicated he would not be present for the fourth week's conference � meeting. Mayor Nee suggested that the Conference Meeting for June be-rescheduled for the fifth Monday rather than the fourth. , ADJOUNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Breider. tJpon a voice vo.te, al] voting aye, Mayor Nee declared the motion carried unanimously and e Regular Meeting of the Fridley City Council of June 2, 1975 adjourned at 1:07 A.M. �� PAt Ranstrom William J. Nee Secretary to the City Council Mayor Date Adopted � 0 i i i �• _ _,� �.�■ 0 ' 230 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 9, 1975 The Public Hearing Meeting of the Fridley City Council of June 9, 1975 was called to , order at 7:32 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee said the Council would like those present to join them in saying the Pledge , of Allegiance to the Flag. ROLL CALL: � ' ; MEMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, and Councilman Fitzpatrick. � MEMBERS ABSENT: None. ADOPTION OF AGENDA: Mayor Nee listed the following item to be added: An application for an auction permit , submitted by Chuck Lillegren for Plywood Minnesota, a communication from General Television concerning the telecast�ng of the Council meetings during the summer months,.and a request for for the re-routing for the 49er's Day Parade. MOTION by Councilwoman Kukowski to adopt the agenda wi•th the previously mentioned additions. ' Seconded by Councilman Starwalt. Upon a voice yote,�all voting aye, Mayor PJee declared the motion carried unanimously. , PUBLIC HEARIPtGS: T^ ^ ^ PUBLIC NEARING ON VACATION REQUEST SAV #75-03, PIACHINING, INC., TO VACATEALLEY GENERALIY � �� ri nnnn ronr�c RFTIdFFIJ 1 TRFRTY STREET AP!D LOPdGFELLOW u � � ' • i , ,� The Public Works Director exp?ained the request to vacate the aTley Tn"Block 5, Spring Brook Park Addition between Ashton and the Railroad tracks and between Liberty and Longfellow. He said the applicant has two buildings on adjacent property and would like to construct an additiorito joint the buildings. Ne pointed out the area being considered on Page 1-F of the Council agenda. 7he Public Works Director pointed out at the Planning Commission Meeting of May 21, 1975, the C,ommission recommended approval of the request with several stipulations. He read the suggested stipulations which appeared on page 1-D of the Council agenda book. He said the City had received correspondance from NSP and �dorthwestern Sell and they have no objections to the vacation . if the removal or relocation cost of the lines'is reimbursed. The Public Works Director read the fourth stipulation dealing with the approval of the remainder of the area residents and asked if Mr. Schaul was present at the meeting. There was no response. Mr. WiTliam Super, 140 l.iberty Street N. E., addressed the Council and commented that he would also like to have the alley vacated. He said the area is pTanied with lawns and no one uses the area as an aliey. The Public Works Director said most of the abutting property owners are using this area for lawns. He indicated the only one who uses the alley for access is Machining Inc. for access to their existing building. The Public lJorks Director sai� the staff wou]d like to get rid of any umimproved a�leys or stub streets. Mayor Nee asked if anyone alse wouid like to be heard or t'�is question. There was no response. He asked if any member of the Council had any�questions. Mayor Nee questioned the matter of the crossing for access for Mr. Hayes. He asked if this question had been resolved. The Public Works Director said at this time, the agreement is only verbal. He said if the addition would be constructed in this area, there is the possibility that this would block off the access. Ne said !•ir. Hayes has two entrances at the present time and if the addition is constructed, it would block off one of these entrances, the Longfellow access. Mayor Nee asked if this would be a lawful crossing. The Public Works Director said it has been used for a number of years. He;said what seems to be the alley in this area, or seems to be right of Way is Machin.inn Inc. pr.operty. He indicated Machining, Inc. would be willing to sign an agreement for continued use, but they would want to control the property. Mayor Nee said this consid- eration should not affect this question. The Public 4Jorks Director agreed and said this would be two separate questions. He said the Council should be aware of the other problem. Councilman Fitzpatrick said it seemed to him that one'stipulation of the Plannin� Commission has not been satisfied. He s0id this would be the approval or` consent for the vacation 231 � PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 2 of the entire alley. He questioned if the Council should take action to vacate_the alley or only that portion abutting the P1achining, Inc. property. ' The Public Works Director explained that when the applicant had applied for the vacation . of the alley, they first requested it only for their portioriof the alley and the staff recor�+ended that the entire alley be vacated. He s� d if Mr.�Schaul was not present, they could not determine if he had contacted the remainder of the property owners. Councilman Fitzpatrick asked if it would be possible to only take action on the Machining 'portion of the alley until the people of the area request the entire alley be vacated. The Public Works Director indicated the City wnuld like to have the entire alley vacated ' at this time if possible. Councilman Fitzpatrick said the Council was not aware that this stipulation has been complied with. The Public Works Director agreed with this statement. Mr. Super addressed the Council and said the entire area had received notice of the vacation ofthe entire alley. Councilman fitzpatrick said the consent of the property owners must be obtained. Mayor Nee asked how many houses are on both sides of the alley. He guessed this may involve six people. The Public Works Director refer,red to the map on Page 1-F of the agenda and said there are eight homes. He also poi•:ed out the vacant lots on the 'block to be Lots 41 and 42, and Lots 35 and 40. Ne said at the most this would be eight proper� owners. T1r. Super said three of ttie homes on the street are new . and not sold at this time. Mayor Nee said he thought it would be fairly safe to go ahead with the vacation of the entire alley. . The Public Works Director said the Council would have to close the Public Hearin� at the present time and the Ordinance for first reading on the vacation of the alley would be brought back to the Coucnil at the next regular meeting. He said the staff could check into the stipulation concerning the approval of the adjoining property owner and furnish the Council with this information at the time of the first reading. MOTION by Coucnilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pubiic Hearing on the vacation request by �1achining, Inc. closed at 7:43 P.M. PUBLIC HEARING ON VACATION REQUEST SAV #75-01, NORTFI SUBURBAN HOSPITAL DISTRICT, TO VACATE 76 H EPlU , ENER LL ED N RTH ND WE UN H T L: The Public Works Director said this request had been instituted in cooperation with the North Suburban Hospital District and the City of Fridley and was a part of the original lease agreement. The Public Works Director said the Planning Commission recommended approval of the vacatim of the street with two stipulations. He read them as follows: � 1. The North Suburban Hospital District bear the cost of the completion of the curb + along 5th Street N. E. and 2. The vacated r•oadway be improved.with top soil and seeded . to provide ground cover. He said the first stipulation was suggested so the property owner would not bear the cost. The Public Works Director questioned if the Hospital District should have to bear the entire cost and suggested that some of the cost be taken care of by the City. He said this work could be done at the same time that the parking lot is installed and this would reduce the costs. The Public Works Director also pointed out that there was also concern about the property owner being assessed at a higher rate due to the vacation of the street and w increase area.of his property. � Mayor Nee said he agreed with the statement concerning the costs of the curbing. The Public Works Director said the original agreement stated that this was to be accomplished on a cooperative basis. . He suggested an additional stipulation that the City maintain easement in this area. Councilman Breider questioned how much the City of Fridley was paying for the lease ro ert . The Public Works Director said there had been no exchange of money. of the p p Y He said the City of fridley was to process the vacation of the street and would pay no assessments against the area leased. He said there had been no money exchanged. � Counci1man Breider asked the cost of the installation of the curbing. The Public Works Director said this would be 80 feet and would run from $300 to $400. Councilman ' Breider said the City was talking about spending $200 to $300 for an eight year lease, He indicated he did not feel that this would be too bad a deal. � • There was some discussion concerning the addition of the vacated portion of property aad that this would be added to the property owners parcel. The Public Works Oirector � � � � � � � � � , , � , ' �232 PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 3 said this would not increase the property to allow for two buildable lots. He said it would add about $25 to the taxes to be paid per year. Mayor Nee asked if the property'owner• was present at the meeting. The Public Works Director asked if Mr. Gabriel was present and there was no response. Councilman Breider said he favored the vacationof the street ta confine the traffic to and from the Hospital to.Osborne Road. He said`there had always been concern that there would be additional traffic on 5th Street and this would alleviate this concern. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Starwalt. Upona voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing on the vacation of the street by the North Suburban Hospital District closed at 7:55 P.M. The Public Works Director explained the area where the request had been made and said this would bring the existing use of the property into compli-,�ce with the zoning code. He explained the existing use to be a tavern and at the preaent time this is not allowed in the C-1 zoning.. � - Mr. Mark Haggerty, Rttorney for Mr. Povlitzki, addressed the Council and explained that he had been before the Council before and had attended two meetings concerning this item at the Planning Commission. He said there had been a very detailed discussion at the f!irst meeting of the Planning Commission and at the second meeting, the Planning Corr�nission had recommended approval of the request for rezonino. Mr. Haggerty said he would briefly list the reasons that this request should be granted and said the property has always been used as a liquor es�tablishment. He recalled in 1949, it was an on and off-sale liquor store and after this, the property was rezoned to C-1. He further mentioend that the City of Fridley used this fora liquor establishment until 1957. He mentioned he felt the rezoning. had been done by mistake because at the time the City was using the facility as a liquor establishment. He said now, 20 years ]ater, this zoning is causin�" problems. Mr. Haggerty correnented that Mr. Povlitzki had requested a l�quor license and besides allowing for the present use to conform to the zoning codes, it would also allow the issuance of the liquor license for this location. He said this would allow Mr. Povlitzki to not take a loss on his investment and also the investment for the property. He said this would allow for approval of the liquor license at this location. Mr. Haggerty explained that Mr. Povlitzki was not able to attend the meeting, but he would answer any of the CounciT questions. ' The Public Works Director co�nented that the Planning Commission had recommended approval of the rezoning with some st�pulations. Mr. Sobiech .read the s�ipulations that adequate ' parking be provided and the landscaping and .J.ighting plan be reviewed by the Buiiding Standards Design Control Subcorrmittee. Councilman Starwalt said this consideration had no bearinq on whether or not the liquor license would be granted. Coucnilman Starwalt said he held the liquor as a separate matter from the rezoning. Mr. Haggerty said yes, they were two separate requests. Councilman Starwalt asked what would happen to the piece of property to the east, would '/ this split the zoning on a parcel. The Public Works Director said this property had been split when the area was platted and Mr. Povlitzki had only requested the rezoning on his ' parcel of property. Councilman Starwalt said this action would not effect the rezoning on this parcel and the Public Works Director said not at this. time. He said this would 1 have to be done separately by another property owner. Mayor Nee asked what the purpose would be of the C-1 zoning. The Public Works Director said this would be for a local type business activit,y. Councilwoman Kukowsk� asked what the vacant lot would be zoned and the Public Works Director said this is C-1 also. , Mayor Nee said this is Lots 17 and 19. Mayor Nee said this rezoning would make one corner of the block C-2. The Public t�lorks Director said yes. ' Councilman greider said there was a printing firm thinking about buying this corner, would this be allowable in this zoning. The Public Works Director said a small business would ' � fit in C-1S. The City Manager asked if the parcel of property would meet the minimum requirements for � '. frontage and area. The Public Works Director said yes, the requirements for C-1 and C-2 are the :�ame. The City Manager asked if the property �s 25,000 square feet and the Public Works Director said yes. , � �� L33 = ' PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 4 Mayor Nee asked if anyone else had any questions or comments and there was no response from the audience. � • Councilman Starwalt asked if the par4;ing situation had been reviewed. The Public Works Director referred to the area in front of the building and said it would be stripped and the area in the back of the building �aould be black topped and stripped to provide additional parking. He said according to the Planning Commission minutes, they are planning a seating capacity of 270 and this would require 90 stalls according to the City Code. He said they would be able to get up to 60 or 64 with the current pattern. He said they would have to acquire some additional parking area. Mr. Haggerty addressed the Council and asid he had talked to Mr. Povlitzki about this situation and he agreed to either acquire; lease or rent additional property for parking and if this is not possible the seating capacity would be reduced. Mr. Haggerty said Mr. Povlitzki is willing to do anything to meet the standards and requirements of the Gity. He said the applicant had no objections to the requirement that off-street parking must be provided. Mayor Nee asked the Council to consider what other types of uses rrould be allowed in this area if it were rezoned to C- Z MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting vgting aye, Mayor Nee declared the public hearing on the rezoning request by Mr. Richard Povlitzki closed at 8:15 P•M• PUBLIC HEARING ON BIKEIJAY/WALKWAY PLAN FOR THE CITY OF FRIDLEY: The Public Works Director said Mr. Jerry Boardman, Planning Assistant would make the presentation onthe Bikeway/Walkway plan. He explained the members of the Citizens Bikeway/Walkway Corra�nittee were present to discuss the plan. The City Manager said before the presentation for the Plan began, he would like to call the Co�m cil's attention to the number of communications received by the City concerning the Sikeway/Walkway Plan. He recommended that these communications be received into the testimony. Mr. Boardman explained that the staff had sent the Bikeway/Walkway Plan to approximately 40 service and civic organizations, other communities and County and State agencies and also to the Metro Authorities. He listed the organizations that had responded to the request to comment on the plan. _ MOTION by Councilman Fitzpatrick to receive the communication from the following: Rotary Club, Walter Miller, dated May 14, 1375, Fridl�y DFL Club, Mr. Dennis Schneider, dated June 2, 1975; Fridley United Methodist Church, Jim McChesney, Pastor, dated April 17, 1975; State of Minnesota Nlayne Simoneau, Representative, dated April 28, 1975; Fridley Women's Club, Virginia Heffner, President, dated May 3, 1975; Parkview Elementary School, Lee Switzer Principal, dated May 6, 1975; Columbia Neights Public Schools, Richard K. Harris, Supervisor, Conununity and Professional Services, dated P1ay 6, 1975; Fridley Chamber of Corrmerce, M'r. Edward H. Dunn, Jr., P1anager, dated May 7, 1975; Mr. Vern Moen, Chairman af the Fridley Bikeway Committee, addressed to Mr. Edward Dunn, Fridley Chamber of Comnerce and dated May 15, 1975; and the Fridley League of Women Voters, Mrs. Jean Schell, President and dated May 13, 1975; Anoka County Highway Department, Paul K Ruud, Anoka County Highway Engineer, dated May 27, 1975; and Kiwanis Club of Columbia Heights and Fridley, June 9, 1975; and Fridley Lions, Mr. Burt Ellis, President, June 9, 1975 (the last two communications were reports of telephone conversations between the two parties and Mr. Boardman.) Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared ihe motion carried unanimously. Mr. Boardman cor�unented on the background of the plan by explaining the make up of the citizen's committee which had been selected for active citizen participation in the plan from nine area neighborhoods in the City and 'ne pointed out these divisions on the�map on the screen. He explained that the staff worked very closely with the citizen's co�nittee in the formulation of the plan. Mr. Boardman listed the members of the Bikeway/ Walkway Committee and pointed out the areas that they served in the discussions on the plan. Mr. Boardman said one of the major goals of the plan is to establish a high level of pedestrian bike and walking safety. He said this would involve safety education and review of the present ordinances with modification and changes necessary to bring the ordinances to the standards necessary. He said another goal was establishing accessibility to all areas of theCity. He explained that in the City, there is a high level of traffic and barriers created by the major ! . .. �` 234 . PUBLIC NEARING MEETING OF JUNE 9, 1975 PA6E 5 highways, etc. He said they had also tried to establish cooperation from other governmentdl bodies and surrounding co�nunities in proposing the accessibility. Another goal of the comnittee was to establish routes for recreational purposes to link the various parks in the City so anyone in the City could use any one of its parks in any location. He said they had discussed the short distance recreational uses along with the long distant transportational uses. Environmental concerns were also a goal of the committee as pointed out by Mr. Boardman. He said they had tried to establish some flexibility 9n the system so if needed, there could be changes made. He mentioned that with continued development factors such as air and water pollution, noise and many other factors lend to the consideration of this proposal. Mr. Boardman continued to point out that citizen awareness was essential in the entire planning process. He said the Committee felt it very important to find out how the individual neighborhoods felt about the plan. He said he thought this was accomplished and changes had been made where necessary to satisfy the communities involved. Mr. Boardman coniin4ed to explain the use of the citizen survey in establishing facts and figures studied by the comnittee. He said the survey was taken from a 10% sampling of the City with results being obtained from b� of the City. He said 28 people had hand• delivered the survey forms and also picked them up upon completion. He pointed out the names.of the 28 people appeared in the p]an information. Mr.. Boardman said the survey indicated there is 62.5� ownership of bikes in the City of 32,532 which would mean that there are close to 20,000 bikes in the City of Fridley. Ne said the majority of the bikes are owned by persons ranging in age from six to fi�teen years of age and the age group from 26 to 60 also showed a high percentage of ownership. He said thispointed out that many adults are getting out and using bikes. He said the survey pointed out that there are approximately 54,000 trips taken by bike in the City of Fridley per week with a total of 200,000 miles each week. Mr. Boardman explained the various methods of creation of the proposed bikeways to be paths, lanes and routes. He said the path system would be the most expensive type of system with the route consisting of inearly signing of a designated area. He explained ' the various types of systems by use of a i.1.lustr.ation on the overhead screen. He further explained where the various types of �nstructions and routes would be used according to the proposal. He said the impl.:entation of theplan is pro�osed for a five state system with the main reason for this being cost. He said certain stages of the plan would be more important at the present time. He said with the first two stages, it would be posible to create access to•all parts of the City. He said the first stage should be a pilot stage which wouid be used to monitor the u�e and obtain additional information for the remainder of the system. He said after this, if the plan does not warrani expansiory,, this would be noted and changes in the plan would be made. He said the pilot stage is not the least expensive in the plan, but it is the second least expensive. He explained that the f9rst stage is concerned with the heavy used areas for bike traffic at major crossirigs. In some cases there would be a need to create areas of limited parking to implement the plans. He pointed out the various means in Which this could be accomplished and said it may be done on a seasonabie basis. Mr. Boardman listed the costs of the various stages to be from 1974 construction figures as follows: State One -$39>000, Stage Two -�$28,000, Stage Three -$56,000, Stage Four - $71,000 and Stage Five - $38,000. Mr. Boardman said the City had communicated with County Commissioner, Mr. Mike 0'Bannon, who had said the County would help in any way possible on the County roads and provide the stri pping for these roadways. Mr. Boardman continued to comment on the questi.on of where the money would be obtained from. He mentioned that the Bikeway/Walkway Comnittee has recommended that no funding be obt•ained directly from the assessment of property owners. He mentioned the committee had recommended that the•following methods of funding be considered: Land and Water Conservation funds, Federal Grants for Parks and recreation purposes, Community , Deve;epment Block Grants, HUD, new funding source for community improvement projects of which limited funds are available and Fridley is considered a priority II area, Federal Aid Urban (Department of Transportation), funding availahle for developing bikeways along FAU roadways and Fridle,ys systems is limited and may gain some funding in Stage 5, Minnesota Department of Natural Resources (Grants-in-Aid Program) which provides funds for bicycle trail development, and Rice Creek Trail is along this system, Minnesota State Aid Streets, annua� fund for upgrading of classified State Aid Streets, Revenue Sharing funds, a state allocation system for portions of industrual revenue collected by the State, County Sources, through participation in existing County road systems, and ?.ocal 5.ources. Mr. Boardman explained the possible local sources to be 235 PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 6 donations from Community Service Organizations, Bicycle related Fees, which would promote the enforecment of the bicycle license proceedures to license the 16,000 bicycles not licensed in the City. Mr. Boardman suggested that private donations may also be possible, but not likely. He mentioned this type of donation would be in the form of donations of easements and labor for the construction of the system. He said last but not least, he would like to mention that there may be a possibility of funding from the City Operating Budget through General Fund appropriations. Mr. Boardman went on to explain tht there had also been a recommendatian made for the establishment of a Walkway system in the City. He explained to compiy withthe plan 5.25 miles of new sidewalks would have to be developed along with the existing side walks in the City. Ne explained the current policy of constructian of the sidewalks in the City and said he had made the recommendation that the assessing policy on County and state Aid Highways along residential properties be changed, so the the assessment is not against the property owner, but picked up by the State Aid Revolving Fund or City General funds. Mr. Boardman called on Mr. Dennis Schneider, member of the Citizen Bikeway/Walkway Committee for .his conments. Mr. Schneider read the recommendations established by the Committee to the Council and audience as listed on the handout available at the meeting on Page 5. Mr. Boardman explained that there had been a number of public hearings on the committee level and many of the responses from the different neighborhoods had been ironed out and changed before coming to the City Council public hearing. Mayor Nee asked if any of the members of the Council had any questions. Councilman Breider said the bikeway plan included the signalization of 79th and East River Road. He asked Mr. Mike 0'Bannon, County Commissioner, if the City would put this in their budget, would the County support this improvement. Mr. 0'Bannon said he would be in favor of it. He said he knew the traffic on East River Road warrants this installation. Councilman Breider said this is a critical area in the Bikeway Plan as an access point. Mr. 0'Bannon said he felt this area warrants a stop signal with the ��partments, park and traffic. Mr. 0'6annon said he would support this 100%. Councilman Starwalt referred to the mention of the licensing of bikes. He questioned - if the bikes with training wheels as well as the bikes that are from 10 to 15 speeds and cost hundreds of dollars should be licensed for the same amount of license fee. Mr. Boardman said the licenses currently require the same license for anything on two wheels. Councilman Starwalt asked if this is a fair system. He asked if the smaller bikes should pay a lesser fee. Mr. Boardman said the fee is very low, only $2 and this is on a one time license. Councilman Starwalt said the money for the system would have to come from someplace. He mentioned the cost paid by auto users in taxes and questioned if this license rate was a fair one. Mr. Boardman said in Denver, the li.cense fee, is ' $5 per year and the committee had discussed this possibility and determined that this would be too high and that the license should be a one time expense. He again mentioned that with 16,000 not licensed in the City, there would be a great deal of revenue gained by the current rate. The City Manager said there is no question that the community needs an overall plan, this would set the goal and the City would keep working toward this goal. He mentioned . the implementation of theplan would take a great deal of money and the ADministration would try to obtain funding from other sources. He mentioned the license money could not be used for this type of activity since it is not to be a revenue gathering activity. He said the fee would only cover the administrative costs. .. . The City Manager outlined the City policy for the assessment of sidewalks on County roads and said the street portionof the improvement in this case is not assessed to the property owners, on ly the sidewalks and curbing. He said the assessment in these areas would be only about one half of the assessment amount of other resid2ntiai areas. He said it didnot matter if the assessment would be called the sidewalk assessment or the stree� assessment. He added, if the City changed this policy at the present time, � there would be problems with the people that had been assessed in this manner in the City. The City Manager said the plan was prepared through citizen participation an d the comnittee and administration had done a lot of footwork in the formulation and the data gathering. ' Mayor Nee asked why the portioriof the proposed bikeway jogged back and forth in the East River Road area. Mr. Boardman explained with the traffic on East River Road, • if the bikeway were to be along East River Road it would have to be a path system and this would increase the cost of the system considerably. He said in the manner propo�ed, the bikeway would be through the residential areas with the crossing being done at the �..-� access areas in a route system. He said the original idea is to provide access to all parts of the City. Mayor Nee said this should be installed so the path does not jog � ,_ � � � � � � ' ' ' ' • , , , , ' ' 1' I� 236 RUBLIC HEARING MEETING OF JUNE 9, 1975 • PAGE 7 back and forth. Mr. 6oardman said if this would be done, this would involve the installation of paths separate from the roadway. Mayor Nee asked if the City had additional right of way on East River Road. Mr. Poardman said there is additional right,of way, but he was not sure how much would be needed for any future expansion. Mayor Nee a,uestioned if someone was talking about expanding East River Road. Mr. Boardman said he did not know. He said the Committee�s concern was the cost of maintaining this type of plan. Mr..Alex Barna, 560 Hugo Street N. E., explained that there are people that he works with that bike to work on East River Road and he had been asked to join them and he would not. He said this would be taking his life in his hands because of the many blind spots. He said some people think that East River road is a freeway. He added, it is not possible to gain access to East River Road in many places. He said he cannot get on East River Road from Hugo, he must go to 79th. Mr. Boardman repeated that the bike travel on East River Road would be dangerous and that is why this would have to be a separate path. He said this is why the route was jogged back and forth in this area: Mr. Barna said he felt the children were still going to use the route and cross where they wish. He questioned why the paths could not be put where the kids traveJ. Mr. Boardman said the children should be educated to use the route. He said the only recommendation he would have for East River Road is that the path be installed, if they use the area, there should be a path installed separate from the highway. Mr. Robert Pierce, 609 Bennet Drive N.E., asked why there had been no sidewalks proposed ta Rice Creek School. He noted that there is access. provided to all of the other schools in the City. Mr. Boardman exp]ained that the only sidewalk neededin the area is the one already installed on Mississippi Street, the others do not warrant such an installation because of limited traffic. Mr. Pierce asked if the bikeways would be maintained in the winter months. Mr. Boardman said hopefully the streets would be plowed from curb to curb and when there is no ice and snow, they would be operabie. Mayor Nee asked if people would ride their bikes in the winter months. Mr. Boardman said this would be limited but there would be some use. � Mr. Pierce asked how the City proposed to get the unlicensed bikes licensed. Mr. Boardman said the police are currently tagging those who commit violations on bikes. He said any adult will get a traffic violation and children wiil receive a warning ticket from the juveni7e court and the copy of this warning would be given to the parents. He also explained that the Police Department has been conducting an extensive educational program in the schools. Mr. Pierce said he had heard about this program and people seemed pleased. � Mayor Nee asked if Mr. Slater in the area of Stevenson School had been taken care of. Mr. Boardman said he felt the committee had taken care of his concern. Mayor Nee asked if Mr. Slater was present and there was no response. Mrs. Jan Seeger, 324 Ironton St., said she would like to reinforce what had been said by Mr. Barna. She said she would favor the construction of tte path down East River Road. A representative of the Fridley League of Women Voters addressed the Council and said the League agreed with the overall concept of the plan, but the individual members were concerned about specific routes through the neighborhoods. She said this should be talked about within the individual neighborhoods. She mentioned the the League also supported funding from partial taxation or assessments for the people of the City of Fridley. Mr. Ken�Sporre saidhe favored the bikeway plan and would iike to see a link in the system in to Coon Rapids and the Morth Park area. Mayor Nee said it was his impression that they were talking about adopting a overall plan, but that it may not be implemented in any single part for a number of years. Mr. Boardman said the City had been working with the other communities in the areas to establish continuity in the overall plan. Mayor Nee said all of the members of the City Council are concerned about the public reaction to the p]an such as how will the no parking in front of people's homes be � accepted and how would the people feel about the installation of sidewalk where there is none. He said he would like to fin� out if there is sufficient basis to make thi5�nore acceptable action on the part of the City Council. • ' �3?' ` - PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 8 Mr. Pierce said this is why he had brought up the seasonal consideration in the usP. • He thought the parking areas could be used in the winter months. Mr.. Boardman explained by State Law, there must be two lanes for bikeway traffic and this would create situations where only one side of the street may be used for parking. He said this may be done only seven months out of the year and it could also be limited to the hours between 8:00 J�.M. ard 9:00 P.M. , The City Manager said it may be of some help to tell the community what provisions have to be made and obtain their input. t�hr. BoarCman said the various representatives on the corm�ittee had talked to the area people. He listed the number of public hearings that had been held, the notification given and the various groups and businesses that had been heard concerning the plan. He said hopefully, the neighborhoods had been advised and their input obtained. A resident addressed the Council and said h� v�ould like to see more information concerning easements that would have to be obtained. He mentioned he lived in the area of 7th Street south of Mississippi Str2et and he did not see where this plan would be feasible for this area. � The City hlanager said if there are any improvements or construction that affect the . property or if the City would need additional easements, the people would have to be advised before this is don�. Ne said he ihought this �oint was well taken concerning 7th Street. Mayor Plee askad the resident how he would feel about no parking on the street. The resident answered that this would be acceptable if it was the limited type. Councilman Breider said if the plan is implemented, the easements, trees and all aspects would be worked out prior to putting anything in. He said this should b� done within the public hearing process. He said he hoped that the Council would consider this type of policy not only as the legal process, but also if the funding is obtained from Federal. and State funds. He said if a man is going to have a sidewalk in front of his home, he should be notified. , 7he City Manager said the people would be notified, but he was not sure the reactior they would have. He said generally with this type of improvement, the reaction is negative. He recalled the adoption of the five year sic�ewalk plan and said there � were many people in opposition. He said if the Council adopted the concept, the program would be continued and those directly affected would be notified. Councilman Starwalt said he had follovaed ttie actions of the committee very closely and he said they had gone through a great deal of rlork to corr�e up with a plan. Mayor Nee said he was very impressed and thought this had been a fine job. MOTION by Counc�lr��an Fitzpatrick to close the puk,lic hearing.� Secorded by Councilwoman Kukowski. Upon a voice vote, all voting aye, ttayor Nee declared the mo±ion carried unanimously and the public hearing closed at 9:35 P.M. � � Councilman Fitzpatrick said he would like the administration to pre�are a resolution ' conoerninq the City's intent to provide the funding for the signalization of 79th and East Rive•r Road which`could be presented to the County. � � NEW BUSIIvESS: � � � CONSIDERAI'ION OF REOUEST BY WIN ST�PNEhS, DATSIi� NORTH, SP #75-05, TO PERh1IT THE SALE �,� OF NEW F,ND USEtJ CARS; 7810 UNIVERSIT� AVEPIUE ^,. E.: The Public bJorks Director indicated this to be a request for a special use permit requested by Win Stephens Quick to sell and display new and used cars. He said this ' would be located on the service drive west of University ar,d north of Osborne Rd. He explained that at the Planning Comnissior, meeting oF June 4, 1975, they recommended approval of the request with the following sitpulations: That the plan be subject to the review and recommendations of the Building Standards Design Control Subcommittee and that this approval also be subject to the approval of the lot split. The Public Works Director explained tna�t the petitioner would like approval of the social use permit before making application for the lot split so he would be able to determine if the business would be allowed. Councilman Breider asked Yrnere this location would be in relation to the night club that was being planned for this area. Mr. Wyman Smith, Attorney, for Win Siephens.6uick, addressed the Council and explained , � ' . :' � r � � , � � � , � �. 238 . PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 9 this location to be north of the Town Crier Pancake House on property owned presently by Mr. Robert Schroer. He felt this would be a better location than the one previously requested on EAst River Road. He said the parcel is 1.6 acres and they planned to construct a 6,000 square foot builidng. Mr. Smith indicated that he had met with the City Finance Director, Mayor Nee and the applicant to instruct them of the City's policy and the availability of revenue bonds. He aid this is still being considered although they beTieved they would obtain conventional financing for the facility. Ne requested the Council take action and approve the request for the special use permit with the two stipulations of the Planning Corr�nission. Councilwoman Kukowski said she was very happy that Mr. Stephens is not giving up on locating a business in the City of Fridley. � Councilman Starwalt said he hoped the bonding issue would not be a stumbling block in this request: Mr. Smith said the applicant had just been given the information on the bonds and with the condition of the money market and the size of the project, they planned to use conventional financing and the bonds may not be needed. Mayor Nee asked if the plans for the building would come back and be processed through tF�e Counci�l and the City Manager said yes. MOTION by Councilman Breider to grant the special use permit as requested by Win _ Stephens Buick, Datsun Qealership, for 78i0 tJniversity Avenue with the two stipulations recommended•by the Planning Coinmission with the additional stipulation that the plans be reviewed by the Council before the permit is issued. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR A BUILDNG PERMIT WITH WAIVER OF REQUIREMENT FOR HOOK __ __ _____ .. ., � � uo nrroi[cT RY 11FR1 YN The PubTic Works Director explained th� location of the property in question to be at the south end of �Siverts Lane off of 69th Avenue. He said this parcel has been split off of Lot 3, Registered Land Survey #3. Ne said the total area of the property is from 30,000 to 34,OQ0 square feet. He expla�ned that the other Lots D and E had been approved for such waivers in the hook up of sewer and water services. The Public Works Director explained the following responses to the requests of the City on the matter: Metropolitan Waste Control Gommission said since no system is availabTe ihis wouid not be within their jurisd9ction and up to the local discretion; .Minnesota Pollution Control Agency, they have no rules and regulations pertaining to private sanitary sewer and well systems, ihis is up to the local community; Department of Natural Resouces, at the present time, they have no jurisdiction, but are in the process of preparing a Shoreline Management Act, and this property complies with those proposed regulations althought if it did not, they would have no jurisdiction for permits before the Shoreline Management Act is adopted; Rice Creek Watershed District, they have approved of the project after the review of the plans. The Public Works Director said he thought the roadway installation should be taken into account if this waiver is approved. He said there is an easement which was required of the property owner to the south. Ne explained that the property to the south is tax forfeit property and is included in the County Open Space Program. He said if this waiver is granted, there would be no need for future services on Siverts Lane. He also explained that the City had received petitions from people in the area who indicated they would not split their property. He said if this is approved, the City should prepare plans for the improvement of the street. He said the City has been helping with the maintenance of the street which is not the policy of the City. He said if the maintenance is to continue, the improvement should be completed. Mr. Sobiech said the re.commendation of the administration would be to approve the request with the stipulations listed on Page 6-A and 6-B of the agenda. The Public Works Director said the petitioner was present at the meeting to answer any questions. Mr. Ing Siverts,.Siverts Lane, addressed the Council and mentioned there was a provision in the sale of the adjoining property that stipulated that the house would not be higher then fihe Siverts' w�ndows. Mayor Nee asked if this would be enforceable by the City. Mr. Livingston, Calhoun Realty, said the buyer of the property is perfectly aware of this stipulation and he had complied with it in preparation of the blue prints. Mr. Siverts questioned if he would be assessed for this portion of the road improvement and the Public Works Director said yes. , _ . _ __ _ _ 239 PUBLIC HEARING MEETING OF JUNE 9, 1975 PAGE 10 �Mr. Sivert continued to explain the sale and splitting of this property and said that he had dedicated the portion of the property for the utilities and roadway easement and he had been paying taxes on this property for years. The City Manager commented that if this is a roadway easeme;n� taxesuon thishportion pay taxes on the property. Mr. Sivert said he had been pay g � af property. The City Manager explained the maintenance and plowing policy of the City and said dirt roads or unimproved roads are generally not maintained by the City. He said in this case, since the utilities had not been installed, the City had been maintaining the road. He said with the waiver of the utilities installation., this is tHe mentioned property to be develoQed and it would be possible to install the roadway. this would not be a full. roadway with curbing etc, because there are only three people on the road and this would make the assessments excessive. Mr. Sivert explained that the electric and gas lines are underground in this area. He also explained that the water system for his property is located in the area where the road would be installed. The City Manager said the costs would be kept down because onl,; a limited number of people would be assessed. He said once the improvements are installed, there would be no reason to deviate from the policy. Mayor Nee asked if the City had a petition from the property owners in the area and the Public Works Director said no. Mr. Sivert suggested rather than develop the property in the manner proposed, could it be picked up by the County in their open space program. The Public Works Director pointed out that the property to the east is tax forfiet and Mr. Sivert questioned ' the wording on the deeds of that property in that they are being held by the City of Fridley. MOTION by Councilman Starwalt to waive the requ�"'m�nt for sewer and water hook up as requested by Mr. Verlyn Vander Lught with the stioulations listed on Pages 6-A and 6-B of the agenda and with the additional stipulations that the eye level stipulation in the deed of the property be abserved in the construction of the home and that the property owner, Mr. Vanderlught pay a normal residential assessment for his.share ' of the assessments for the construction of Siverts Lane or 75 feet. Seconded by Councilman 6reider. Upon a voice vote, all 'voting aye, Mayor Nee declared the motion carried unanimously. . Mr. Vander Lught said he would agree to the payment.of the assessments for 75 feet of frontage. � � SETTING A PUBLIC HEARI ON OVERALL PLAN FOR WATER PJT BY RICE CREEK WATERSHED MOTION by Councilman Breider to set the public hearing for the overall plan'for Water Management for Rice Creek Watershed District for June 16, 1975. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LANGUAGE �R PUBLICATION•ON PROPOSED CNARTER CHANGES FOR PUBLIC HEARIN The City Manager said this informatio.n had been brought to the Council to make them aware of the language of the material that wouid appear inthe public notice. '\ Mayor Nee said there would be no action necessary on the part of the Council on this item. . CONSIDERATION OF REQUEST TO CONDUCT AUCTION BY CHARLES LILLIGREN AT PLYWOOD MINNESOTA: MOTION by Councilman Breider to approve the request to conduct the auction at Plywaod Minnesota as requested by Charles Lil1igran. Seconded by Councilman Fitzpatrick. • The City Manager mentioned that this would only be for one day. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: GENERAL 7ELEVISION: NOTIFICATI o�G uR Ilru SFPTEMBER 8. 1 I �� ' 240 PUBLIC HEARING MEETING OF JUNE 9, 1975 • PA�E 11 The City Manager said the communication noted that General Television v�ould like to inform the Council that the meetings through the summer months would not be televised since the viewship is down. •' MOTION by Councilwoman Kukowski to receive and note the communication from General Television dated June 5, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • ENGINEERING AIDE: REQUEST FOR MOOIFYING AND EXTENDING THE ROUTE OF THE 49ER'S DAY PARADE: The City Manager briedly explained that there �s road construction in the area where the normal parade route is set up and due to this, there is a request to modify the route: He said the change may cause some inconvenience to those iri;the residential areas. MOTION by Councilman Breider to receive the communication and approve the request for the change in the parade route fof° the 49er's Day Parade. Seconded by Councilman Starwalt. Councilwoman Kukowski asked if any of the members of the Council were intending to participate in the parade. She noted that none of them had returned their cards indicating they would be in the Parade. • ' A question was raised on whether the Council would ride in the Parade in one car or obtain their own transportation. Mr. Livingston, Calhoun Realty, volunteer the use of his convertable for the parade. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwaman • Y.ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously and the Public Hearing Meeting of the Fridley City Council of June 9, 1975 adjourned at 10:32 P.M. C��y.-� .. Pat Ranstrom William J. Nee . Secretary to the City Council Mayor , � Date Adopted. 0 ORDIfJANCE N0. 1975 AN ORDINANCE AMENDING CHAPTER 507 OF THE CITY CODE OF THE CITY OF FRIDLEY RELATING TO MUNICIPAL BATHING BEACHES � The City Council of the City of Fridley does ordain as follows: . SECTION 1. Section 507.06 Liquors, is amended to read as follows: 507.06 Liquors � It shall be unlawful for any person to have in his possession or to consume any i ntoxi cati ng 1 i quor b,�/tS,�,�,� or noni ntoxi cati ng mal t i i quor on Fri dl ey Municipal Bathing Beaches. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ATTEST: CTTY CLERK - Marvin C. Brunsell First Reading: July 7, 1975 Second Reading: Publish: . MAYOR - tJILLIAM J. NEE � LAW OFFICES Sii�Y�'g'�, �gJST��, x�L �'-+ �+ I�iIEI�[A CHARTERED � IVxALMt)P�T. �ABIKVI�'Z. ��.��.LY S�c NE�QiJIST WYMAN SMITH LEONARD T. JUSTER HENRY H FEIi{.EMA ALVIN S. MALMON RONALD l.. HASKV 17Z JAMES R. CASSERLY CARL J. NEWQU IST ASSOCIATES MAKK E. HAGGERTY ALLEN H, GIHAS iRVING JUSTER OF COUNSEI. June 12, 1975 5U ITE 1250 BUILDERS EXCNANGE BUILDING MINNEAPpLIS, MINNESOTA 55402 TELEPHONE 339-1481 SUBURBAN OFFICE 644t UfVfVERStTY AVENUE N.E. FF2IDLEY. MINNESOTA 53432 TELEPHONE 560•6870 Nasim Qureshi Fridley City Manager 6431 University Avenue N.E. � � _ Frid]ey, Minnesota 55432 � IN RE: Application for on-sale liquor license Max Saliterman, City Resolution No. 11-1975 Dear Nasim: On June 9th I wrote you a ietter requesting an extension of tTme for Mr. Saliterman. I sent a copy of the letter to him and he has phoned roe. It appears that his shopping centers have had considerable damage from the recent tornado, or as some have characterized i�, a"strong wind". At any rate, he says thai the damage�ana getting the matter ri.�l-�F-� n'I .1 r�� ' r i � l %� L� 1�....._ ��_ �1�J i 21... LL.. L...�.. �..... - �G�� ..0 ui�u i cf+u i i o ir i�� unc �v�IIC l. IIIIC. fIC WUU IU 1 1 RC 111C C1(1.C11J IU11 resolution to give him at least 9 months. ' Yours truly, � - . ,....--� " Wyman Smith � LdS/bk cc: Max Sa1iterman 0 2 �l � _ � . , � t ; . ,,. � , ' � � y . � � `�,�'�" , 2,q ; . , , . , ., � � ' RESOLUTTOtv NO . 11-19 7 5 � � ' A RESOLUTION REGARDING THE TSSUANCE OF INTOXICATING LIQUOR LICENSES � WHEREAS, the Minnesota Statutes have been amended to permit the ' City of Fridley to issue certain additional intaxicating liquor Zicenses to hotels and restaurants; and :. -_{ �. WHEREAS, the city counczl has announced that it would receive . � applications for new licenses; and � ' WHEREAS, the city has received an application by Max Saliterman for and on behalf of the King's Chalet, �nc.; and , WHEREA^, Mr. Sali.terman has presented to the council certain +, preliminary sketches of the location and interior layout of the area to , be.remodeled for said restaurant; and . ; � WHEREAS, the city counciL is.favorabl�•disposed to reserving one.c�f the available licenses for said applicant, � • NOW, THEREFORE, be it resol.ved by the city counciZ that subject . to the applicant meeting all requirements of Minnesota statutes, �ridley ordinances, and codes as they exist, and subject to any amendments that �, may be adopted prior to the time of actual issuance of said 7.icenses, and subject to the applicant presenting to the city detailed plans and specifi- cations for the remodeling of said restaurant, which plans and specifications must be approved by the city administr�tion, appropriate boards and commis- , sions of the city and the city council, and subject to the applicant agree- . ing to upgrade the landscaping, parkzng ]:ot, and exterior of the proposed building, the city council shall reserue an intoxicating liquor license � � for said Max Saliterman far the�period of six months from the date of ' this resoZution. - � ADOPTED BY THE CI�Y COUNCIL OF THE CITY OF FRIDLEY, THIS 3r d � AAY oF February , 1975. . � . � � , . . �, . . 1 Mayor � . . . . .. Attest: - , . . , City Clerk . , � � � . . . . . . i � � • � . � ., � � . � � , � ' �� , 1. ' �� ' ' � � 'L 1 r ' ' i: i�fIIJU7;:S OI' '171I: L'OT�32D OF' 11t'P1•.11La SU�3C0l�YMIT�'�:I� I�;L.J:1'ItdG OF nPI:?L 15, 1975 7'he mceting was called to order by Cliairman Dr9.gans at 7:35 P.M. h5�h1PERS I�)s:SL•'N�': Drigai�s, Cro:•�cler, Gabel, Plemel, I•�ahlUc:rg hil.t�;I3L•'1'.S n1;Cl:NT: None • " OTHEiLS PItESLi1T: Uic:}; Sobiech, Public 47or).s Director, Iioward MattSOIlf �ngineering Aide MO'.CIOI3 by ttiTahlber.g, secondecl by Gabe1, to approve the minuLes of the 71pri1 2, 1975 meei�ing as wr_ itten. Upon a vaice vote, there being no �iays, tlie rnotion carried. TIIE C7�'Y 1:1715 P.FCf�;l�'1?D 7� I2EOU�ST FP.OA4 P9P.. I�1YI�.AN SI•1Ti'lI, A'I'TOI:I�FsY F'OP. I�1Tt. RICIiI�RD D. i'UI�LTi.'7,KI, Os,�t�.•:P. Oi' `!'I�.': 1?R(�i�`.C_CI:R CLUP J,UCA`i'J?D �T �73G5 CI:I�'1'P.71L �1V}�.'NU), rI.r. , I'OR� IN`'iLRI'1:i�,T11`I':f�;d UF TIIr, 70,^.III�G CUllL �•JIiICFi i9C)ULD PEP.P�]I:T 7'FIr ISSU7�^:CE O'� 11 LIQUOR LIC3't:SL•' OP; C-1 YRQ'E'3:i� l'Y LY VIR'.iUE OT.' A13 � E�ISTIi�G NOi�-CONI'ORf�1:ITdG� USE. 'I'HIS 12E�ULS`��' ��'AS D'?1QII:r� SY THE T0�11I�?G I�D:�iINTSTPj+.TU3:. TH}� PFZOPi:I;'.PY OiQN�R IIl�S TLE9ULS`t'LD I�N APF'FFiT� OI' TfIE ZOI�IIJG �1Ui•.Ii�ISTI:A`.rOR'S :LCJ'i'EP.PP.�Tl��i'101�_ b50TIOP� by ti•dahlber.g seconded by Plemel, to open the Publ;_c hearing. Upon a voice vote, i:here being no �iays, the motion carried. pir. P�tark Hagger.ty, ot the la�v �irm Smit}l, Juster, Fei}cema� Hasl.vitz & Casserly, was preseni: to represent the I'rontier Club. . � . Chainnan Drigans read to the Board, Section 205.1�32, Powers and Duties of Board of A�}?eals, fro�i tlie City Code. This Section states, "The board sYiall have the pocaer and duty oi heuring and recommending to the City Council as herein provided, ap�ea].s ar requests in the fo11o�,�zng cases: 1. Appeals where it is alleged that there 5_s an error in any orc?.er, rec�uirem�nt, decision, or detennination made by zn acin?]_rilS�rative officer i.n the eni'orcement of this chapter or of the Sta�e Build�.ilg Ccde. 2. Requests for variances of the State Building Code from the literal }�rovisions of this chapter in instances where szrict enforcement �vould cause.undue ha.rdsh�.p becai�se ot circtmistances unique to the individual property under corisideration." Chairman Drigans added i.hat�the request tl�e Board is hearing tonight relates ta item ,�`rl of this section. Chziiman Drigans tr.en read to the Board, Section 205.151, Non-Con�orming Uses and Structures, subsection r�,�l w,�ich stai.es, "1, �ny structure or use la�afully existinc� upon the ef�ective date of this Ordi.nance may be eontinuea at the size and in manner ot operafi.ion existing upon such date except as her_einafL-er spec'zfieci." He also read subsecti�n �'s3 that sL-at.es, "3. Whenever the non-confoz-ming use oi a str.ucture is changed to a use per_mitted iil a rnore• restricted di�trict, sucli use sl�all iioi: ti�ereafL-er be c}ianged .to a use permitted in a less restricted disi�rict." Chainnan Drigans added that the zoning dist�rict that is involved in this case is C-1, and he rcad i'r.om tlie Cii.y Code, Sectzon ?.05.102, subsection 1B, Dses �;:cluded, in C-1 a»d C-1S, t.hat, "Tavcr.ns, beer gardens or ]�ars scrving any alcoholic beverages on the premises." ,, Chairman Drigans stated that these are i:he sections of the City Code that this request is cieali�u�7 with. , Chainnai� Dr.i.g�ziis sZi.d the requesi: also dcals �vi.tt� L-wo State la�as, 'Seci:ion 340.001, su3�division 4r2, C�Cf1I1111�J non-intoxicatinc� mali: l�.c�uor, whi.ch he read to the 13oard, and, Sect.ion 340.0�, subclivisi.on �p2, dei-ining intoxicating liquor, w}iich lie also � read i:o the I3c>arii. 11e s�.►id tliese Lwo seci:ions were referred i�o i�i fi.he Public � ��ork llirec:tor.'s l.et:tcr to r1r. ��yinan Sniztti of �pri1 7� 1975. 3 � . . " � , , r � ' � '1'ne td,i.►iu~c�:�af the J3c�.ird of: n}�pc:a.l�s Subeom;nittee A]eet,inc� �f %��ri..l 1!'i, 1975 3 A ---- ----- li Mr. t•9�t�tson then intr.ociuced tt►e prop�rt�y i.n qucnt10I1 i:ci t��e Board by j�oini:ing it ouL- on Llie I'r.ialcy mal� rind also U�� CJ1Vli1�J i:hem i�he portion of_ thc halt section maji sti�wi.r�g tli.i_s prapc:rty. Chair►naiz Dr_ i.gans Poirited out the zoniilg �ncl existing uses of i:Iie land in the genera]. area arotind i:he Froni:ier Clz�b. Tliis summary lx�iaited oui� 5 di�ferc:nt zor�i»g:� loca�ed in this area. i•ir. Sobi.eci� stated that thc initzation of tl�is request begai� wiL-h a memorandum f:rom Mr. t•Jyinaii Smith inciicai: i»g L-I�a� he would lil:e a detei`mination f:rom the 'Loning ndm.i.ni;trator that grantinc� a liquor license t�o the subject property (I�'rontier Club) wou.td be a Zegal �r,tension of a non-co��or��iing use. 1Ie said the memorandurn ��as addressed i:o the CS.ty Manager, t�ix. Tdasirn Qu�:eshi, but the City I�t�orney made the determiriation that tlle Zoning 1ldministrator was the Public WorY.s DirecLar and thereLore he receivcd the request, Chair_man Urigans stated the Board should ic�enti�y the letters and parts oi' the Gades that they are r.e�erriny to as exh.ibits; E�:l�ibit ;;l- Powers and Duties oi Board of 7;1<peals, Exhibit ;; 2-Non-conforming Uses and Structures, ��>hibit �f3- Uses Excluded in C-1 and C-1S, �xhibit� #`4-State Law on idon-intoxicating t•lalt Liquor_, Exhi_bit #5-State Law on Ynta�;icating Liquoz, �xr : bit #G-Sect.i,on of_ Map reierred i�o, Eahibit #r7-I%iemo from P�4r. Smitli to t�ir, Qureshi daL-ed March 19, 1975. Nir. Sobiech stated that basically after receiving this meinorandum, he xeviewed � the City Coc7e for C-1 zoning, and under the Code, the use of taverns or bars iy excluded and therefore he would be functioninc� this who.le review on this situation, as a non-conforming use. IIe said a.fter reviewing the City Codes and � Niinnesota Statutes, a finding that the applicant was entitled to a liquor license ior an er.isting non-conioz-ming use �:as denied, He said there were sever�l reasons why he iiitezpreted t}ic Coc3e as such. Fie sa�_d he would go th.rough the Zetter he wrote to Nr. Smith which includes these reasons for denial. Tlie first reason was; �, that the rzanner of operation o� the non-conforming use would be subst.antially changer� by permittiny the conversi�n of a 3.2 and set-up operation to an operation Y�avir�g an on-sale liqtior license, IIe addecl that T-ir, Smith, in his memarandum, � alluded to i�he fact tl�at 3.2 beer existed at th�ir faciliti_es prior to the amplen2entatian of the 7oning Code and ttiat it was therefore a legal non-confarmiiig usc� as 3.2 ueer is an alcoho.lic beverage. He said he agrced tlzat 3.2 beer is an alcoholic heverage but the State and City.in adopting their various licenses and applicai�zon procedures for these licenses, sllo�� a very substantial diff_erence exists betr:een allocation of issuance of a license for a 3.2 operation versus an � into�:icating liquor type operation. Iie said due to the substa�ltial diff�renc� implied through tlie City Code and St�ate Statutes, this �aas a major point of discussion. � , ' r .� C 1 t9r. Sobiecli said the second reason for denial of the request was thai� the requested application.foz an_on-sale liquor license contemplates an increase in the size of L-he �ZOli-conforming use. Iic said this was based mainly ot� the plan submiti�ed at tli� piiblic hea�ing meei�i.�ig of J'anuary 13, 1975. fie passed out i�o the Board the minutes of tlzis meetine�. The plan was also sl�o�•m to the 13oard. He explained to i.}ie I3oard the p�rtion of the building used for ttie 3.2 operation and added that � Lheir kii:chen facili.ti.es 11aci been r.emoved bui: tlie o�,mer had indicated at the meeti�zg tliat they would be replaced, lie said in essence 'the use of the establislmlent had been reduced on one end in that they did not l�ave thc kitchen facilitzes; here tliey are i�roposi.ng ttie ki�chen iacilii�ies, includirig remodeling of t}ie existing sta:uciures. I�e :��zid it should be noted tl�at i:licre is to be no cxterior remodela.nc�. Tui adc3ita,onal expan�ion thrzL• was IlOt:CCl on the p].ans, was to tlic� north, aiid upon discussio�i it ��as detcrmined tiiat this would Ue used for si�orage, anci rSr. Sobiecli � : . 'Pl�c t•1i.►lutc�s of: tl�e F3c,;xrd of J1pj�cals :�ubcommittc�e Mcet;in�� of I1��zil. 15, ].975 ' addr_d th�.ii� in esserice, i.t is m�)cing availal�le an aaa�L�on�-��. ��moun� oi the exi �ting build:ing for a non-confo�"tning use. ' The i:hird r��son t•Sr. Sobiech �tatecl for d'c-nial was th��i: i:he gr.anL-ing ot an on-,a].e liquor 1i.cense ��oulcl cause a perpetuat.ion of: a non-conianning use. IiG said basicaliy Lhc inLent of tlie loning Codc is t.o allow a.non-coni�orr:�ing usc ior_ a reasonable ' amourit of tS.rne, I-Ie addec3 wit�i the grant.inc� of tlie issuarice of a lic�uor. lieerise to this e�sta}�lishii�ent, L-]ie requesi� woul.a be i.o continue a non-con�orrning use and in ' t-his case, b��yond a reasor�able amaunt of_ time. � �J � , ' , ' 7'he fin�-�1 reasan for denial, I�•9r, Sobieclz stated was based on an assump�.ion that he mad� from what the o:mer had stated at i�l-�e public hearing meetinc3. He said with the amowlt of i�ivestanent thaL- �•�as noted a� the meciing� he felt the pctitioner waulc� li�zve Lo make up this i.nvestmcnt so��ehot•r and tl�iat �•�ould be to draw mor_e busi.ness. 1Ie said if this is correct, it would produce a greater burden on the neighbor3lood than �ahat is existing u�ider the present non-conforming use. t•1r. Sobiech st�ted that for the�e reasons, and in summarizing these, it was deter.mined that the non-conforming use does exi�t, because of t17e fact thaL- taverns are IlOt a11��wed in C-1 areas. He said non-conforming uses are allowed to continue fvr a reasonable period of time arid that the issuance of a liquor license �,�ould extend this usc as far as he would call indef_initely, and finally that granting a liquor license would change the existing oper_ation quite substantially from a 3.2 operation with set-ups to an intoxicai:ing liquor operation. P9rs. T�;ahll�erg as}c�d i� the Council has ever established what they consider a reasonable perioa of tim�. Mr, Sobiech answered that Council could vary ii: irom situation to situ�tion, and in �his case, it was felt that a rcasonable time has elapsed and that t.he 15SU�I1C0 of a liquor license �•�ould continu� this non-conforming use for an indefinite per_iod of time. rirs� 41ah.tberg as}:ed if the reasonable time period rias ever been tested in a court of 1aca, b1r. Sobiech answereci not to his knowledge. rirs, Wahlberg stated t11at this non--conforniing use hzs been existing far a long period. of ti.r�e. ` . Cl�airman Dr.igans saa.d that the Boar_d sliauld look at the type of operation and use , , for this facility dur5.ng the �ast years to see where the non-con�ormance started. A1r. Matt.son stated he had a c�raphic history o� the ,�roperty which he said he would explain io the Board. , Chaa.rman Driqans sa5_d th� Bo3rd should �nark as. Exhibit F3- Public [�orks Dircctor's letter dat�d April 7, 1975, Eahibit 9- Council Public Ilearing Niiuutes of �anuary 13, 1975, Lxhibit .10-Grapl�ic history oL this prv��erty, ar,d Exliibit 11-- Fin.ance Director's � memo dated Aiarch 7,1975. . , � LJ L_ � ' Mr. r7attson expl.ainecl that i.he graph shows a variety o£ ��ays to set up a liquor esi:abl�.shr�ent. Hc stated t}iat this location has l�ad pure off-sale, on-sale ciI1C� off-sale, oi1-sale �ai_tli set-up;;, arld then tlie grapli slio:as on sale liquor license at the top in i�he cvent i�here is a license issued to L-liis property. Iie continued thaL- 1:I1G' off-sale k�artion stari�ed in Oct.obcr of 1949 and ran t}irouc;h l?ebruary of 1964. Hc .said tlie on-sa].e raii .fi-om I'ebruar.y of: 1950 througti 1956, just prior. to t)le transfcr frocn tnutlic�_Z�al status to priv�zte sta�tis, oi�].y aL that point iL �aas no longer a bar �ahcre intoxi.caL-ing liquor �aas beiny �erved . but i.i: was J:n�wn as a locale servi�lg 3.2 beer and i:his was in Jaiivary or FeUruary of 1957, which lias run con�inuously unti). the }�resent date. lie said i�i July of 19G9 the sc�.-up �ica�sc was e �tabJ.:i.:sl►cd per ordina»ce. _ �'1��^ t�li.nu�e:: of: t)�e E3o<zrd of I��j�cals SuLcomm.ittee t•lceting_of- 7�1�ri1 1.5, 1�75 � r ..._,_ — — - l. Chai.nnan nr�_y��ns asked when t.he non-coniorr�in� tise came into exi>i:ance. l�Jr. Matt�on ans�•:erec3 1957 �ind Ctiairman I�r.igans saic� ai: ��hi.c}� i:ime there �•ras an off sale and an on sale lar 3.2 beer., t�lr. MaLt ,an :;aia thi.s a.�� rhen the City �>I�ased out ii.'s bar and issuccl 3. 2 becz lic�nsc ;. (?•:r. I1aLt��on' notecl the non-conL-onnin�� date s?lould ha�e bee�i .Tanuary, 1�.�56 iiisteaci of. 1957. Iie �ioted i�tli� aL-ter the meei�i.nq was adjour7iea. ) Ci�airman DrLc�aits now as);ed t�ir, JIag�eri.y if he wvu:ld pre�ent his request.� i�9r. Hagqerty sa.zd to begin our request, so far its been sta�ed that the request is being asked f_or under i��vo secti.ons of L-h� Code and lie said he would like i�o have t-I�is reques� also considercd under 2.0i.1F32, suudivision 2, ��rl�erein it states that ii i�here is a hardshii�, a variance �rora tlze 7.iteral interpretati.on of an ordinance can be obL-aincd fron tlie 13oa.rc3 of I�pZ�eals. 11� s�i�_d in tl�e .i.nii�ial presEntation, the Chairman indicated that it was only being considered under subdivis�on 1 and he said he c•�ould ulso 1il:e zt considered uncier su}�division 2. Chaiz-man Drigars stated t.}iat in reading 2-ir. Sr.ii�.h's memorandura of riarch 19, he states that in the event the 7oning Adminis�rator refuses to make an affirmative determinatioiz oi the request, Nir. Smii�h would v�ant tne rulii�g submitted pr.omptly to the Board of Appeals �s pzovided in Section �5.1�32 of tlie City Code.' Chai_man Drigans added that t'.e public heariny notice stated i�ha.i� the request c,�as an appeal of the Zoning Administrator's interprei�ation. ifr. Haggerty asked if the public hearing notice was prepa.r.ed by r�r. Smiih. Chairman Drigans said a11 public hearinc; notices are pr_epared by the administratio�. r�ir. I-Iaggerty said D4r. Smitli asked for an appeal of the entire ordinance �•�hich woul.d iiiclude sub�.ivision 2. 2�Zr. Iiaggerty said the reason he is asl;irig for this requesi: is that initi.ally they are arguinq that the PuJ�J.ic [�York Direci�or's interpretation of the ordanance on this particular non-conforminq use is incorrect. He said in tl�e alternativc, they are saying that if tne Board insists and if the Pubti.c 6Jork Director insists an h«ving such a literal interl�retation o� w)zat that use is, thE:�T ��.*ant. t.o have the opportunity to argue that there is a substanti_al ha.rdship here, and t1-iai� the Fr.o2ztier Club shoulcz be allo�ved a �,�ai.vor �rom th.e literal ir.terpretation of that particular non-conf:orming use, l�ir. Sobiech as};ed if- this me�ns that a hardship could result because of the itii:erpretation. t�1r. Hagyerty said i�his was correct. P•Zr. Sobiech stated that he felt L-he Board could possibly cansider bath.items, in thai tlie memo did refer to thai� section of the Code v:hi_ch inc.ludes both subdivisions. fIe• said it the � i.nterpretation that he had is upheld, and t�r. Haggeriy feel.s there is an argument for a hardship, it seems lil:e it would be proper since we are addressing that section. , Chairman Drigans said that th�_s seems to need from the CiL-y's point of view a� legal interpretation. He said he �vould lil.e a legal opinion as to whetlzer the Board �.s in fact carrying tlie whol.e sectiorz of_ i� ihey are hear.ir�g, according to ' t}1C rules, a s��c:ciiic request on the appeal of just the Public Works Direci�or's interpretation. r9r. Sol�iecli asked if t�ir�. Driga2�s wazZt:ed this opinion before the I3oard considered this'requ�st, Ch�ir.man Drigans said he felt the Board could , pa:oceed with tiahat it know5 it can act an and ii tlie ati�orney feels thaL- subdivision 2 should be part ot the hcar.ing, the 13oard can act. on thai� at a later dat.e. � ' ' ' t•9rs. ��ahl.berc� asked about L-he differ.cnces in tlie Code sect9,on�, quoted. Chairman Drigans said tiie problem her_e is that the section has been rcnumberec� and the section prev5_ously was .nunil.�ered as 45.1£3?_. A1rs. Wahlberg as}:ed ii the language was ide»tical iri both t}ie old and new Code, Mr. Haggerty sai.d� tllat it was. ' � . - - .. �_, � ., . The f4znutc:_�c of the )3o��r_cl oi I�p�,c,�15 SubcommiY..Lec t•�cei:i.nq of I�Px'il. 15, 1975 � T _..._ ---- ---- y Chainnan Driyans sai,cl ]►is own ini:cr.pr_etation is th��t the nublic l�ear.ing and the ozir�incal rc:ruc�st it� tl�e rnc:mo, rac��.ie�:i:ed that i:he -Poard is to hear i�hat Y�ortion oii subdivisi.o�i 1 only, <xnc� ii thaL- is the Ci.t.y 1lttorney's 5_ni:er.pretai�io�i too -£inc, . if not, i:tle }3oaxd cari tiea�- t�l�e h��r.cls}�i�� porLio�i latcr. , ThCr.e was a long di ;cussion on t��f�ic�t:her t•he L�ar_d Snouia C��Sia�r both sezbd3_visions or just su�clivS.si.ori 1. It �,�as agr_ced to defer L-l�iis decision uiltil later on in i�he . meetin�. Mr. Ilaggcrt.y stated in an;wer to t.he reasons for denial, i�hai he could noL- see the argtu�aents an i�he seconcl and third reasons. He said lie would have to argue that ihe second xL'ii�011 does not a�:>I�ly as fax as increa>irig i:he int�erior o� the buildin.g �or_ the iion-conforrning usc. 1-le said ti�e l:itchen arca �vi_11 be put in there but the addition of inere�storage area do��s not increase the usc. fie said in L-he for_Lh reason, ii� is indic�ii=ed that ttiere �•�ill be aii additional burden on tlie neighborhaod because of_ the sea ting r_a��acity. Iie said ihe remodcling ca�.11 in fact cut uo�-m the seatinc� ca}�acity. Iie said the remodel.ing �aill invol.ve quite a bS_t of investment which �•�i]_1' be upgrad.ing the premises to serve h��rd liquor. He said they have fouizd a hiqher class of cl.icnte)_� at an esiablishment serving hard J.iquor. He sai.' they are tryi.ng to improve their services, t�Lr. Haggerty sai.d in the Zoninq Code urider uses eaclt�ded for C-1, =it doesnTt state anything a.bout har_d Iiquor,just taverns and beer gardens. He said at one time the�-e was hard liquor served at this facility. r4r. Haggert:y said h� cao�.�ld li};e to relate a�'evT Supreme Court decision�• to the _ Board on r�on•-co,if_ornling use,s� and he added tliat they are from out oi state as MinnesoL-a hasn't rul.ed ori inan� of thcse at the p�°esent time. M.r. i3aggeriy k�ent over the 1967 case of Mueller vs City of Phoenix and the Board had. a cop y of the iindinc�s in tnis case i�o follou:. Mr. Haggerty then �aent through the 19G8 c��se of Gaut}:icr vs Villaye of Larr.h�nonL, New 1'ork, and then he weri�t over th� 1944 case of Connecticut State vs Ro�tiJ]_and, azZd Lhen i.he 1969 ca.se ot Sevilla vs Sweat (I�rizona casc)o The T>oard had co�?ies of the findings on these cases to follow aZso. P�Lr. Haggerty a].so broue;lit up t.he 1957 hti_r�nesota case oi Iia��ritins vs Talbot which involved the enlar_gcm�ni� of a nan-conforniing gruvel. pit, �"I'he Board also had a copy of the findings i.n this case to fallo�:=. . Mr.�Haggerty said they ar_e arguing that under the existing law, based on the pres�nt non-confo.riniiig use that has been iri existance for 20 years and nobody has mentioned before, and after al.l the investments anci impz-oveznents, that i�hey f_eel the cour-�s woulcl unholc�, they �re requ�sting a motion be made reversing the Publie L�Tozks Director's interpr_etai:ion, �hai: would mal:e this. a legal non-confoxming use. ' Mr. Sobiceh said he �oould lil:e to int�rject that it had been mezzi.ioned at the public hearing meeting that pa1-t ai' the storac�e. aad.�tion would be also used as a g�une roor;i wltictz would n]_low �_ntoxicating liquors to }�e consumed in, �vhich would ', be beyond the existing arca tised no�•.. IIe said as far as the kitcYien, this is one , of the reyu�rements for geLting a].i.quor 1.iceiise so the �ioposed }�ii.rhen is nccessary. ' T1e added t1iaL: once this oper�tion �:•ent ir.om serving hard 1�_quor to serving only 3.2 beer., it �,��zs ].ess of a non-confci�-mi»g u�e, and sl�auld noi� theta be allo�ved to exParid ,. k�ii:hout bci.n�� brought i�ito coz�farmance. He said he ieels tl�is facilii:y coul.d COII�lIlUC �ii� tlie sizc i.t: is T10W� but sliould not, be expandcd as a non-coniormi�ig use. , ' � Mr, Iia<�gerty qt�oL-cd from the A9innesota case, Ha�akins vs Tc�lbotr Lheir ini�erpretation af a non-cai�LarmincJ u:,c as being thc laa�ful use oi any land or, buil.ditig existing at the time of t�zk�.ng cffe�ci: of L-he or.dinance may be cantinticd altlioiigki suclZ use does not. conf:o�:m to the r.c<�ulai:ions ��i-ovicled l�y this or.dinance for the di�trict in whicli sucli ].ancl or bui.ldin<J �.s; located �?�:ovidcci, ho�ycver., that IIO aUC�l �ion-confor.minc� use af t.hc la»d sliall. be c��largccl or. ir►crcased nor shall siaclt llOJ1—COI1fOYMl11C� use be �� `i'i�r_ Minutc�� of the 13�arc1 o.f. 11> >ea1�: Subr:ommi_ttee Meet:anq of- 11��ri1 ].5, 1�375 y - -� �.��. _ � , ' e�:t�.endc�d to occupy a c�r_eater area of l�ind tihan that occupicd by such use at the time of t.lir aci<>I�t:i.on of tliis ardinance; ilor siiall ans� such nori-co�lforming use be rwved tc� any other Z�ari: o.r. parcel of- land upo.i which the same is conducted at t.lic timc of L-he adoption of t}ii�s ox.�d:i.nance, lie actded they are not cr.panding this operatioii to i.nc:l.udc a gr_c�at:cr arca of land. F-Ic said i�hc plan is to upgrade the esta}�lisl�inent whi.ch �voulcl r.edur_� tl�e seating car�acii:y ancl reduce tlie nt�mber of: pcoF�le c�o.i�ig int-o it, and al�o iiler.c�asc the Z�ar}:ing, ITe said t�9r. Povlit•r_tci has invested ta much into lii> operation to pull out of_ it nocv. � t�ss. �•iahlberg said she dicln't feel the cases citcd encourac;ed her to approve er.tendincJ a non-confoz-rning use. S}ze said she woiide�_ed ��hether it wouldn't be better to liave the applicatzt r_ec�uest a rezoning or� t)Ze propc�rLy to bring it int�o � coni�?lia�ace. Mr. liaggert�� said tPiey are also in i�he process of r.ezoning, but in an attempt to expedi.ate matLers, thcy are going thr_ough both procedures. II � CJ � Mr. Cro�ad�r_ said lle, feltr LYiat because the: Board is an exi�ension of the City Administration, and because thcre is a rnemo.randum from tl�e City Attorney that agr.ees ��:ith the Public t•dorks Dircct.or's interpretatian for_ all pract�,cal purPoses, that he would have t-o uplzo7_ci the Pub.lic [4orks D��ector`s interpretation. A;r. Crowc�er saia it soui�as to 2�im li_Yc the Board is getting involved in a legal disput.e because of L-he cases that were sited, and he i'elt he didn't have eriough }-.nocalec3c�e iii this arca to tn.�ke a dc.cisiozi. He said he would have to a�ree w�.th the Pl:blic j^;orks Director in terms of making any type of motion, be it on subdivis?on 1 or 2. .. ' Mr. Hac�gerty ;aid he had never seen the memorand.um talked about Lrom the City Attoi:ney ai�d N:r. Sob�_ech gave him a copy of it. Ck�airman Drigans as};ed the Board i�o ma.rk thG Memorandurn aci�r.essed to the D:irector of Fublic �ti7orks from � tLe Ci_ty Attorney and daLed npril 2, 1975 as E�hibi�� 12, and to mark the building plan as ��.hiLiit 13. , Isir.�Floyd Gusta�son, of Gustafson Grindir�g, said he and his brother own the property across the st=reei� and tlzey have a probie;n with the customers of the Frontier C1ub thro�•:ing beer boi��les on tYieir praperty and par}:ing thEir cars on liis Iot, especially an wee}.ends. He s�id sor,ieone had broken a windsliield � on his propeYty and he had to cicai� it up: He said this creates a hardship on him. fIe said he has rlothing against tlie drink.ing, but he caould like some relief on the cleaning up afte-r the Froni:ie-r C1ub cl��ntele. ' ' ' � � r� Ji ' Nlr. �;agger_ty s�ia tr�at D�r.. Povlitz};i is trying� to upgrade his business �,�hich would hc�p�fully upgrade Llz� clientcle so this type of problem would not happen a9ain. _ t•5ro Haggerty .reitc�rated that he �•aould .l_il:e the B�oard to act on the appeal ior subdivisoii 1 of Seci:ion 205.1.�32 and-if the 13oard agrees with i:he Public Wor}:s Director, then ta consicler an appeal on subdivision 2. I�1r. Plemel notec� tli�t sul�di.vision 2 is for requests for variances ot the State Builc�ii�g Code or. where strict enEorceinent of tlic Code �vould cause wzdue hardship and he sai.d he could iiot see tahere this heari.rig has c111y�t1127CJ to c2o with either one. Chairman llric�aii� _ said tlic Board can act on the lppcal of ihe Zoniiig �ldminis�.rators i�itcrZ�retati��n, but �zs f.ar as actii�e� on an a��pc�al for subc3ivisio�Z ?., l�e. fel� thcrc may be some ].eg�11 prol�lcm as fai: as off.icially noL-ii-yi.ncl adjoining re�i.dents Lhat a variancc is beinc� requcsted. Ile said if t11e public hearing notice had � inc.ludc:d a requ��at ior. this variaiice, tlien tllc I3aard could hear both reques�.s. 0 3E �. � 7'lie 1•ti»ul�c�� of !lic P�zrcl o.f: i�}>;)cal . SuF�comrni�tee F�cetincj o. i��ril 1.�, l�i/� i�1r•s. L�Jalilberg statc�d she t•lould ac�i•ce i:o act- ot� L-1ie kl>)�ea1 for_ sul,division ]. but noi: suudivi��i_ai: 2. Shc �:a�.cl if tlic P,oard �•:as to approvc� �l variancc or� subdivision 2, tiley COl1�.CI �C qivincJ �� bla.cil:c,t va1:.i_ancc of L-his l�uilc�ing site whicl� mighL preclude L'he a�>plicaiit gettiny �pecific var5.ance:�. ' t5z. CrUw:3i�.r. saicl he woulc: still. be 1i�rdpressed to go al.ong with anytha.ng othcr th.in � whai: the ])ir�ctor oi Public �dor};s states. I-Ie said i:lie only a:r.cori�mendation he has is to request a rezoning and �_f. L-}iat fails, then the applicanL- would have a definite hard�hi}? appcal. � �' `J ' � Chairrnan llrigans said ]�is o��n thoughLs ar_e i�hat he feels that when the Board considers L-}ie non-conforniing use in ttiis �ituation, that the consideraf:ion not. b� taiL-h the improvements Lo the structure or,the equipi;�ent, nor should it deal with the munbcr of patrons be iL 1 or 3U0, but it should consider the non-conforr.tiiig use of set-Lps and the cur.rent 3.2 operation i:hat is rendering a certain degree of restauraiit service (san.�ioricl� varicty) expai�ding to a resi�au.rant which would be dispensing hard liquor and prepared menu meals. IIe said that is how he i.s looking at it and he felt t`.he avenue to follow, if �he I3oard allo�as a non-coi�forr.izng use i;r. this s�tuati.on, is io give its interpretatior of the Zoning 73dministraL-ors C�CCISIGII. ' rir. Cro�Yde.r said he ��ould agree 4�ith Chairman Drigans as far as the non-confor_nting � use coming to an end as soon as �ossibl�. He said he �•�ould :like to see a.zoning change to bring the p-roperty into complzance. I�iOTIOi� by Ga.bel r seconded by I�lerael, to closi: the public hearing. Upon a voice vote� there be�ng rio 11ays� the r.:otion carrieci. hirs. t�ahlberg_ said she would :Li}�e to re-e�n��tiasi�e �•r}iat shc feels the Board's o��ligati�n is, and that is to act in�sucil a mann�r so as not to e�tend a non- coniorr:5.ng use beyond eahat is existing. She said this non-conforraing use 11as been e�;ist:ing sincc� 1957 1nd the Ci_ty Code clearly si�a�es that a non-conforning use should not be extei�ded. and thi.s is one af tZ�e fiaar_d's responsibili.ties to uphold. She said mosi: respect.cd couri.s have u�]leld the j�ZOC2C�LY@ oi getting rid of non-conforming uses. She said she f_el.t the pro��r procedure �oould be i�o request a rezonii�q as opposed to requesting variat?ces from the L'oazd of Appea�s. t•10TION by Crawder, seconded by wal�].berg� i.o recorrunend to the City Council, denial of. the re.�uest as p�r.. Seci�ion 205.1_£32, subdivision 1, to reverse the inter_prc�tation of the 7oning nc3ministrator thai: denied the issuaiice of a liquor.license in a C-1 zoninc�.. Upon a voice vote, there being no nays, the motion carr_ied. ' h�lr, fIac�gerty said i�}iat for the record, ize ��:ou].d ' no�o request the Board to consider the appeal under Sectic>n 205.18?_, st�bdivision 2. He said l�.e did not feel his client should b� penalized 3�ecause aL- mis��rorcling in the pu�li.c heariiig noi:ice. He said he still felt that he sl�ould be able to present his casE under this Slt}JC�1.V1S1011, � Chairman brigans stated that his interpr.etation of b1r. Smith's request, per �xtii3�it 7, 1>age ?_, is tliat he as asking only �or an �nterprci�ai�io» of i�he determi�iat:ion of ti�e Lotiing Rdmii�istrator aiid thai: lie is not asking for a variance. Mr. llac�geri.y asked if i.lic 13oara is tlien dc:nyi�lg liis request to liave it cotisidered � undcr subcl5.��ision 2. Chairinaii Drigans said that avenue of a��pcal is sti11 open but tlie j�roper proceclure �will llave to followed, 4rhich includes fi].li�ig out an a��p�.icai.ivn and staCincJ what part of i:hc Code is being appealed, rtr. IIaggeity �� ' . ' ' , , , � . 3F ' 7'i►e J•9iritzLe , of L-he 13oar.a of: AF��.�c�,�ls SLIUCnlllillL�t.C'C f�lcci:inc� of R��r�.l. 1�, 1.97> �� as�l:<,d if L-l�c 13oard was denyinc� con�ciar.ring the aj��eal ai� L-h.is meeLinc�. Chairman Dric��ns ari�;�•�c1-c�d thcy �acrc, the rcasc»� bcing the �.�r.oceclural policy of identifying L•li� seci:ion �i thc Codc an:l L-lie tyt�c� o.i' v�iri�ancc requcstcd in tr�.e pu�lic }1Ci?Y'].Il�� '� noi�i.ces tliat are sei�t out to t.lic, ac.ljoini.nc� ��r.opc,rt}! owners. h1r. Ilaygerty said he feels that the ::ecL-i.on of thc CociG rras l�roperly idcni�ified. . . �' A1r. Cro��:der. said he wa�.� under the opinion tli�t the Bo�.rcl o� Appeals taould lzear i:he appeal under subdi.visian 2 as �� Iast resort. Iie said as far as he cauld sre, � � a].1 avenues hav� not Ucen �11apro�-�chcd, and he f.elt the apZ�licant would have a yaad � ca�e far a request f:or rczoni_iiy. Iie said he felL- th�.s sh.ould be tabled until the Board finds ou� if t}lere is a variance tliai� can be appliec7 i'or. I•4rs. ��rah].berg said thut Pcssibly Lo help tl�ie Poard, a reqtiest s2lould be made to � the City 1lttori�ey for aii interpretatioi� of t��r. Snzth's rec3uest regardinq �•TI11G11 �a1. t, or if both parts, of_ SecL-ion 205,182 �•�ere to be considcred by the 13oarcl. ' � , ' Mr. Croc:der said the Board has opc�iec� and closed tl�e public hearing and made a motion pursuant to subc? i.vision l, ��nd he ad:led that while he agrees �aith what is bei_ng said relai: ive to subdivis�_or. ?., the L'oard could open a pub]_ic hearing �, d then table any discussi�.i relative to Cubc�ivisioi. 2 until the rezoniny request is acted upon, and until the City �ttorney has ruled on �•�hat subc�i_vi.sioiis the Bo�zrd should act on, rather than rna}:i.ng the pel�itioner come bac'.: with a brand new ��et.ition. He said if t.he re�or.ii�iy request goes tllrough, then t}�is ��ould be irrelavent. l�lr. Plemel stated he felt the }3oarc� had accomplished what they were supposed to act on. � I�IOTION by Cro�-rder., secan.;ed by PJ_eroe� , t:o oPen a pi�bli.c hearing pursuant to subdivisio�i 2 af Section 205.182. Chairman llrigans as3�ed oa.iat the admii�isi�r_ation thougl�i� a}aouL opening a public � heara_ng on i.11i_s. ASr. Sobieciz sai.cl if it is ouez�ed, an in�c�rpretation £rom the Cit�' A�tOYI1G�� shoulc3 be obtai�lec� on this procedure, ' P•5.rs. h'ahl;�erg said she 470ll�.C� like to sp�ak against the motion to open the public hearing. She said stie ��ould suppart a inotion to get i:he interpretation �rom thc City Attornc�y, and an additioiia.l notion to allow the peti�ioner to come back ' with a specific variance ii i.t is desirGd. L1 � � I� rir, Cro�ader withdrew his motion aizd t�sr. P.lernel withdrew his s�cond. 3G D70�'ION by [�alilberg, secoiidc�d by Gabel, to request from tlze City Attarney, an interpretation of Section ?05.18?., subd�.vision 2, to verif_y that the Board at least has acted ceitl�in i:he po�,=ers as spec.ifi_ed and yet- taii�}iout denying tlie �C'-�ltlOIl(?X tlie right t.o come bacl: wi_t.h a spnca.Li_c variance at a later date. Upon � a voice vote, t.}iere beiilq �lo nays, i.lic motion carried. D1r, liaclgerty recluestcd a copy of L-he City Attorney's opin�ion. t•9r, Crocader stlted lie �aoiild also 1i}:e somc guic3�za�ce from the City llttorney as to tl�c procedure the I3oar.cl :should fo1..l.oia ii the rezoning requcst is denied a�ld it cames UacJ: bef:ore t.3�c� 13o1rci, t9r.s, tdahlberc� asJ:ccl th�it it also be researchec� as f.ar as actiori on non-conf:orming uses iri i:lic past t1iaL- havc been in the City. She said Shc. �voulcl like i:o �:IlOIJ if thcre a.s a��y time 1in�it set or can iL go on forever, .� 7.`lir. hti.�iutcr� of thc I3pai-d of: 11>>c��i�Ls� Stibcomm.i.t.tc�c Mr.eL:i.n of 11�ri.l )_5 1975 � 1.� _ _ :____� ��---' 3 H ..� . � � � 111)Jp11I2I•d.'�IIi I�7 �' : ' t�10'J'ION uy Cro�•rdcr, seconded by I�ahlbcr.g, to adjaurn the meeting ai� 1.0:05. Upon a voicc voLc, tiieze being no nay:,, the moi:ion earr.ied. ' 12espectfulJ.y sub;ni:tted, � , U ' �,, ,� / " ' �! �'.1..(.i,��C i i__C.� ; t�911P.Y H:I:Id�+'1 � . c I • c� Sccr .tar �I y ' • . : , �i . � 1 � . . � ; �1 � � - � � 1 � � :_I 1 - 1 .. . . � . 1 � 1 , � � � 1 � � - .1 � _ . � � � , . � . ; i� � - . � 1 . � . � . . . . . � . . 31 1. � . � 1 � MEMORANDUM � � ' .. , . . . ' To: Richard Sobiech, Public Works Airector .� I �'� � '� From: Virgil C. Herrick, City Attorney �' ,� � Re: The Frontier Club � . � ' ' Date: April 17, 1975 � �� ' , I have been advised that Mr. Povlitzki, through his � attorney, requested that the board of �-�peals not only.consi.der _ � , whether the zoning administrator had ruled properly an the question of an extension of the noncaniorming use, but also asked for a variance to authorize the issuance of. �n on-sa].e �� ' liquox license. Y.ou have asked me whether �he 17oa.id of appeal.s� �, . has authority ta grant such a variancee .. Minnesota Statutes 462.357, Subdivision 6, states in , part as follows: . � . "The board of appeals and adjustments or the ' �• �� governing body as the case may be, may not � - �� . permit as a variance any use that is not permitted under the ordinance for property - � in the zone where the affected personis land is located." � Based on the above restriction, I would be oi the opinion that the board of appeals could not grant a variance to permit the issuance of an on-sale liquor �icense if that . � � . use was not a permitted use caithin the zoning classifieation of the appl�.cant's properCy. Therefore, I would conclude that ' the applic�.nt still has tcao alternatives: (1) that the ci�y , Council overrule the determination made by the zoning adminis- trator and the board of appeals; and (2) that the property be rezoned. . � ' ' � .. 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A -.f v ,_ �.i%.� �� t .T ' .;,f� . �: e. �� '� •� • � �.` ' ,;>?'" • � .`r�.,%' �.. . - a '''` �'f�: �jt"` '� �'',� " .�-,�-/�' , �' , .,. � �.�,,�' .,'�:'; ''� �.a�' �,� .1� � . . c . °��,�" • w a�• . y � •�• ••Y j ✓ � rJ �Y .) ••�'� • ' T/� � �. �, r '�4� • '� . Z G ii. ui � . ) .�, . �, . I ,�.i� > •� � a �, �;,� , �. .,. 'l' . �• •� ..X' -sr 4 • � .,� :.�� :� : .�''�• ;� .;�� -� .:�� '"- I .� � :�.:� �.�.�.��,��. �,�: ' . . : �.rt �'��3�;. � �E ? a•as`—'� ��; � t .;�� 9��t��4s� �a�z��;,"3.. � ":�� .�..,�......s.�.. � � i i ""a'd Ma.rch 31, 1975 ��C�� ,w s� 4 ��i i��3 ��C�[��ieSr Mr. Bill Goodrich Attorney - DAYTON Mid-America 5tate Bank Coon Rapids, Mt�tt 55�.33 Dear N1r. Goodrich: ' �` � • , ' � � a {✓ ,'} - < �%: f, �•t: � � ) .. `�. , � - ,�:� ; This is in response to your inquiry of Tllarch 31 concerning the nature of renewed and reconsideration under Robert's Rules of Order. According to Robert's Rules of Order, Newly Revised, (henceforth cited as Robert's Rules ) a motion to reconsider may be mad�y on the same day that the motioT n� which is to be reconsider�d was voted on. A motion to reconsider may be made_ only by a person who voted with the prevailing side; thus in the case you described where a motion was not adopted because it failed to receive the necessary two- thirds majority, a motion to reconsider could only be brought by a person who voted "no". It requires a second, is debatable, is not amendable, and requires only a majority vote, regardless of the vote necessary to pass the origina7. mation. (Robert's Rules, pp. 265-270). Renewal. on the other hand, is not a motion. One does not move to renew a motion; rather, a motion which has once been voted down and is allowed to come before the assembly is said to be renewed. �lo renew a motions one would simply offer the original motion again, as if it had never been acted upon. � A motion may not be renewed during the same session in which it was voted down, except under special circumstances. (These "special ciretunstances" are that the motion has in some way changed or been changed so as to become essentially a different motion). Any motion that is still applicable can be renewed at any later session, except when a specific rule prevents its renewaL Essentially, a motion may not be renewed if there is any other way in which the question can be again braught before the assembly for consideration; if it was voted on, and a motion to reconsider was made but not brought up; postponed to the next session; laid on the table and not yet taken from table; or referred to committee to be reported on it at a later session, unless the committee has already reported or�iiischarged from its duty. (Robert's Rules, pp. 2$5-290). The upshot of a11 this is that so long as the original motion was voted on and either failed to pass or:postponed indefinitely, it may be renewed at a later session, unless the motion has by then become absurd. I hope that this answers your question satisfactorily. Si$cerely, �� f ; � �. i. L..G"�1i��'' �i Peter Trit� Research Assistant PT•cs �00 Fianover building 4�0 c��_,, st��2�°t:, s�ir,t paul, minnesota 55101 C61 �) 222-2B61 it i � , � , ORDINANCE NO AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENOIX C OF THE CITY CODE . The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of street right-of way described as follows: All that part of 46th Avenue N.E. lying between and adjacent to Blocks 9 and 16, Plymouth Addition, and lying East of the Southerly extension of the West line of Block 9, Plymouth Addition, and lying West of the West right-of-way line of State Trunk Highway No. 47, all lying in the South Half of Section 26, T-30, R-24, City of Fridley, Co�nty of Anoka, Minnesota Be and is hereby vacated except that the City of Fridley� retains easements for a storm sewer over the Northerly 20 feet of the South Haif of vacated 4bth Avenue and a 12 foot utility easement in the extension of the alley between Blocks 9 and 16; Plymouth Addition. SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section i2-07 of the City Charter and Appendix C of the Gity Code shall be so amended. IpASSED BY THE CITY COUNCIL OF THE CITY•OF FRIDLEY THIS OF ATTEST: 1975 CITY CLERK - Marvin C. Brunsell Public Hearing: Jul� 14, 1975 First Reading: Second Reading: Publish�........ � MAYOR - WILLIAM J. NEE DAY 4 �� ' �s . �i�� .� ;Fr�'a3 :; ; ,,- ; l;t�o�3 .; ---�"r` ; , h �y _ � , . L ,, �1- �_.__ ,. . ,. � . , �.` 4 A � o� ,� c�.�,�'f��. � , ,QV�'. iN � f � �� . � ' - - ��, •�� ._._._ . � ��> %; , , �� ~ = " , ��, "` SAV #75-02 LOREN SMERUD ` ;��,�� ; ..r��,%�' ,+ �� "��`'� Vacate 46th Avenue between 3rd Si. � I , ,,,... ,i , & University Avenue N.E. �f ' � , ,a : ` -:.wlF�i.�. _.i-vfi�-- ---*t-i�i� 1-F7�2- , � C.- ; . � � t!,! � , s� . � � . DRAWING FROM ENGINEERING DEPARTMENT SHOWING __� '' I,� � ' E� � LOCATION OF UTILITY SEMENT _�_;:�; � �- �I_«�_�.� --..�- �.�. _ _ - . .� 'f • __ _ _ B I I � � k 1 � _ g�. ;; � � , � . .____ � ,v ``�., � i � � , ' ` . � "' \ -; � � ii ��' i ; ; � _ ..__�_� � ��Z�S' . /Z �-i � - "'�'.�_"..""-----,•.. ..., _,....,v_ ---•^a,......,a...._._�.:_..,. _ ,.; �... 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E :i3 �r. �r I�� r...:. � s `�� l3 3r""'. ��, :�� 52fs� S� !�N53 HS3�i�:� -H4_��' �,,; C� �� Y.� �^ 3� l} l �l� �, ti �• , �7 M ., e, .ne P2 .v .. titi �N�I r{rZ(, ' � � (5� '� �_� _ �� - � ---"-"I-- , ..,. � • ,,: ,. . - - �_._ _ -..,a:�� - �.h� Z� � �� ; , . '° v 53/- - �1 J��_ ��27 ��5 �¢-- �t�33�-- � - --- -,-- : ., . ;. � � �� - . ., Ai . ., ,, � � �. � (�?j z, � a � . , �, ,. �.� � 3 �.,., , f . � �.� (<,� .. ,. �> � - ----- '--= .t � -.,.� .�� _ . . :��: c� , •, � �1 , - .,� ., H �� `/ �� '�N��3,�;:',�3, )Z� �N51� Nti�y--� . ��}��5-�. 1__� �H�i9—':-------i-- . ' • _ ? t� �) _ L. �r . _. i' „ �t„� ��1��.� �:,, ,,,. ,. �,,.� ,- -�- � _ � .�. . .. • �� ,, � .. i, is . � x+ t^/�� V ~ OIII ` "S l'/ -- � I...__` C, �\_-{F�--�' 4 'iJ�-._t., • �tJ30 si ;;".---/�'�1;;�1 � 1 0 2� ! 2�1 �r./� 1/ �o rF°it' �_„�__ =9jR,� j . !l. ^�'• ' �� ' � � I'•' . - f .. "� f �a. S� � � I. �' m � � ^ �cr� ' A �/ 1'_,�.l�' ��'lr../•,-� ,_�,�„�,,.,,,� iY++�^��"��I �..� ---.----. ----� t�".,)'' C Y�:-'—" ""...._..�...�..�,,,y-�r� ,„, ti v... . _ . .. _ _ _. ..- ., . :.,.,� "�-' - , . � ' ,� , � ' 1 ' � C� � ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY COQE OF THE CITY OF FRIDLEY, MINNESOTA BY M�KING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of �he City Code of �ridley is amended as her�inafter indicated. SEC7ION 2. The tract or area within the County of Anoka and the City of Fridley and described as: All.tha� part of Lot 38, Auditor's Subdivision No. 39 described as follows: Commencing at a point on the South line of Section 34, Township 30, Range 24, a distance of 156.0 feet East of the Southwest Carner af thE� Southeast Quarter of said S�ction 34; thenc^ North, at right angles to said section line, a distance of 40 feet to the Northerly right-of-way 17ne of 37th Avenue N.E., being the actual � point of beginning; thence continuing North, on the same line extended, a distance of 360 feet; thence Easterly, parallel with and 400 feet North of said section line, a distance of 301.10 feet, more or less, to its intersection with the Westerly right-of-way line of the East River Road, as now laid out and cons�ructed; thence Southerly, along said right-of-way line, a distance of 362.57 feet, more or less, to its intersection with the northerly right-of-way line of 37th Avenue N.E.; thence Westerly, along said right-of-way line, a distance of 257.98 feet, more or less, to the actual point of beginning, all lying in the South Half of Section 34, T-30, R-24, City of Fridley, County o� Anoka, Minnesota Is hereby designated to be in the Zone� District known as C-2 (general business areas). S�CTION 3. That the Zoning Administrator is directed to change the � official zoning map to show said tract or area to be rezoned from Zoned District M-2 (heavy industrial areas) to C-2 (general business areas) PASSED BY THE CITY COU�CIL OF TNE CITY OF FRIDLEY THIS ' DAY OF , ATTEST: � � CJ , 1975. CITY CLERK - Marvin C. Brunsell Pualic Hearing: .Ju1� 14. 1975 First Reading: � Second Reading: Publish........ _ MAYOR - WILLIAM J. NEE 5 <°��,; _ _ ___ ____ . n � � ' ' � � � \ �� ,• . . � ,� ,. � . � . � ''' ` '' � �`, u�i � c�. 5 A , �, ,R.``�' � '' � �y . � � i � �3 � ' � `• ; �\ I � �/ . ; .``, ``,; / e.�� \^�i` I --y � ; '` ZOA #75-03 CITY OF FRIDLEY % �� + � 5 %l �' ' REZONE from M-2 to C-2 �� f`'0°� - � I � ., , ; Y"� 3 7 2 0 Eas t River aoa d ' l�� na�.:: n�o%s ,�'� �' �"' � ' � , • . /;l.L.S. /�1on, a /06S /'� . � �'�; „ . � of .S1a�/e° f/siy. -- ! ��"- _ - � � � 11 ; ; �� ' � � ,��„�o� o,i �y; ��y __.____ _ ,- -- .;, �. �y.�s.�� '' ---�------ � � � • �'' - --=- - __ _ ___ _ __ r< r r..�---r----^-''� � t — �---- , o>- � ..i �, • • z> i =� i,c.;� � � �' . , ----- --•— 1 _.� . .. • , ' -- - - - 1 �:ro ✓� :�n�dK•��;_s;,ri ^' : i � � JlT�rJ�1;} �'-- •p __ _'--'-'--- --- - �- .'-- . . . � .. . \ I ?�"' . /-' i � _" 1 � i ....� I ' �y' �-- � � ; r=� � �H,�� L �' ! `'� � (� �� ; ° ; ��°�'�f� � - � _e E�� c.i ��-/0% � � �� ( � : �� t f < .. i ! � Ld � ` , � '��( filPrrno n Vog t � � J ' ' ` /{ ' �� I � `,{ � .< I � .. � � !� / � �,R I, . I 1 i/ `� (i �'�1�.�> �.. t i: f . i?.J C , Y (.,';. -'i: I i� "�,� • � . . =Y :� � • � �\II �.� i; � i I ` � ri,� "� C i � i� i 7 , � . , �'J � . r :�/3 . I- a � LJESC. /n : 3�ok /a/, /.ry.: ��`�`��-, � � < < S�. f1'�� P f�o�B 2S� �� i _ ( :j,- � ' �.., ,s 4, IY .� , �j .�.� .. � . . . _ - - - � - - -- - — _ .w�.. �• A �� # `._1 S � � %� , � p. T. � [ ° 4T� 93 8 �i� A � .�.--,:. - . '� ``` /, /f �� y - - - — — ' . . ,' '� � %::� � �7 , � -� �c � i�_:- . ; " '.` �`Y jf/i: i � y°� ! � a-'� . , jjr % v , 1 � i:r • j � -'f ( e. �.n � I � ; �� °`� ' l�.-' !�.s ..j ti� � :...v 4� ' l o �. ; �s . � � � i , t:.: , �:_. , i , .- , � � ; . . � �,�rh/% � `• _•' : "� �� ....... - - - B ) -'.. -'-' ' . . ' � , � ....... �iT•47-�' '-r : . . [.... �__---------- . � .. _-- �, �.08 ,�:�; l .... .T 2,- -.:.'�... G° Bo/an_-�r �; Soirs C.� ........."-' -. .i i� . � > �i ;,�!,-7 . I; : i � I . �� r �;� . .i � �.,r; .+ ' j .�� ' %:.�'i ' �� -a`,` � . � ` : �! � I. �j� � /� /1%rfh Su6urh.:.�� S�anifary 54w_rr `i tfr=� � .- � ; � 'q ' � � . � ;%� Disfri., f " � �, ._ � . r x-; �. � � � '2' � � . p �'` � � � (5� pD% �,. �.1, I� � � � ! � t � � ' . . �r � � ': ! } ' . � �.e..I i . '�i '"-� ",? � �, � �54 Sbf �j �`r°! % p . � ' ` �, • .,, --.K r ,�s.. �; :..<i-f � �'�`� ,�S 4, �' . . �I�.'�a �. � �-. \�'y-y- � . . �,. � � i'':i 0 _).nj c.; > V "1 (� �� `i 1 ' Jro.rJ h�a,6 �� j � r � I _ � � � ,��a� '. ( V � },' � � ; �� -.,, o �� -�-t-'�-� •� � �54SS% � � � j=' - �on-.....[:.�te - �P}� . i_� � � ; � _ �� ,,, , . . ., • N 4 i^o-J; -L,� ° � ( � �i:. , . F "-� � � � `l'rj0j �_.. �,Ic�O � ..�5, �O/. I I i �• I � C.:� �� \ t, � l3L� ' �.' �� %� - c� �'i', ��: � � �� , fI . u �. ' . . '1 6J�.� (��1ftr.�,% �'1 r*�:� � �ca� vd �� i � O � i % h1-. _ � _"". i.ra..r��,...+�•°...�.�.^^ • �" ' : � .,.--��-�""�— -f. r .,ic'n4•✓T�� .. I i � I�. ., • ,. • t � � . ... � q. � ..... . �. ; —. -' . �' . �. �. .. . . � � , _ , r r r� , _.._ � .... � � � "� 1 oe 4 . �r i � �. . + � - : . % _ . /,�9 -. �CS�� -_ �r..'e_ . -� � �� ..._ . •--_.�._� . . _, f A � _ Y i i p ry v' . � .�lc s. / ...r,.-_^"... .. .._��,�� t c �c,'�i:Ji ._. �; �.- i ...... �1.50 Ch. �/O B 9 J. � �... � 3D �, �,� 4,�-�----�-�-�''''" �i � (� 1 ' i i �� Sc �".�-,; _ A ' « o � � ' %� � ��ilC S. il,*on. A► /0�/ b �C I , , ; � /t'P,n/.7lC:f O/a� irai� �O'f .3%7'�f }f �:/sz'/'.fhU'// � ,-- . , . . . i , * -r ��-• n r � t r•-y r-�, • r • c r . , � • ' . I � r � � ; i � � t I ! . ; �, ; r..�..� i._..I � \ � / � � r�� l•__% '� .� � � . . � / j � ,� I ' 1 � � i � � ` I . . � , ' .1 : G--. i . 1 1 1 ..___•• y 1 � � • . i ■ . _ , � , , . i� � . . , � '� . CITY OF FRI.DLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARI/IN C. BRUNSELL, ASST. CITY PRGR./FIN. DIR. SUBJECT: ORDINANCE AMENDING CITY OF FRIDLEY CNARTER DATE: JULY 117, 1975 The attached ordinance relating to proposed Charter changes has been drafted for consideration by the Council as a first reading. The nroposed Charter changes are in the exact form as presented to the City Council previously by �the Charter Commission. It is my understanding from comments of the City Council at the last meeting, that if the City Council does not agree on certain sections of the proposed ordinance, these sections will be deleted and the balance of the ordinance will be brought back to the City Council for second reading the next regular CounciT meeting. MCB:sh � ' vnvairni�� irv. AN ORDIN/�NGE AMENDING THE CITY CNARTER OF THE CITY OF FRIDLEY � TNE CA UNCIL OF THE CITY OF FRIDLEY DOCS OftDAIN AS FOLLOWS: I That the following Sections of the Fridley City Charter are amended,as follow� i,, New charter language is underlined as shown: � � " ;Vew C�iarter 1 anguage ,' . � . . Language that is nroposed to be deleted from the Charter is shown as follows: � . Be�e�e�-£�a��e�-��at�a9�� - . Tne changes are as follows: __ �ection 2.03, paragraph 6, ELECTED OFFICIALS, The term of mayor and of each � counci 1 ln� n shal] begin on the fi rst off� ci al business day in the month of January ,next fo�lowing his election and shall end when his s..ccessor has been duly elected and ha`� qualified. The first order of business at the firs�,�official council meeting in January shall be the s�-�earinq in of the neti�rly e1ecied members of t�e ouncil. The council shall be the judge of the election of its members. ection 2.06 of the Fridley City Charter is he reby repealed. ee�}e��--�Ne-f�1b�}E}�a�-6ea��-sba��-e��si-as-pea+-Ee�s��a�e�-e�cee��-as-�e��ed y-��a� ��a��e: . . � _ � �-��- __ �ecti on 2.D6A of the Fri dl ey Ci ty Charter i s hereby repea3 ed. ee��e�-�`@{A--6er�e�}}a�}e�-Eea��-�ba��-�e-esta��}sbe�-}�-aEEe��ap�e-�a}��-�aw ��e�}�}�g-�e�-s�eN-eo��t-��e�-Ne�e-�a�e-E��-�ba��e�: ' ---� Section �.-9� �C.�6 (Section number changed), (�AYOR �—�—_ . . . ('�� 2 �� ection �.-9� 2.%(Section numb�r changed), SALARIES AND EXPENSES . �� 0 l ;' �/ �� U �' � � j, �� Section �.0� .OS, paragraph Z, INVESTIGATIOi� OF CITY AFFAIRS. Rny member of the counci 1 may reg;�es t i n c��ri• ti riq an� soeci fi c i nformai:ion rel atinq to any de�artm�ent via tt�e C� ty r�ia►��er. 7he Ci ty h4ana�er st�ai I respond i n��ri ti nq v�ri tri n a reasonablz �� j ' �eri od of ti rk� '__T—. Secti on �; �8 ', 9 �Sec�ti on numb - �� er changed), INTERFERENCE WITH ADMINISTRATIOt� � r �Sevtion 4� PRIPIARY ELECTI�NS. �1�e-eet��e��-s;�a�-�-��ie�e�e�-�oH�-�4�-e�-��e�e-sa��}�a�Qs- (�a�e-€}�e �a�-a►��--E�-�y:��e-o�#'�Ee-o}-�et-Ea�qe��p�a�-o�-a�Y-wa�d;-e�--�ra��s,-��e��e �at�oH�N-er�}Na�ee-o►=-teso��eH--�e�-��f}��=�+-e�eE��o�-�e-�e-�ie�d ,-e�tyw}d�-e�-�N-a�y '�a}�}eN�a�-wa�=�;-o� -wa�=ds ;-ar�c�-s�e��-�r�►;�a��-e�ee��e�-s�a��-�e--Nea�-ea-a-da�e-pe�-�ess �NaH-��9�-�ays-{�►=�c��r-#,e-�:l�e-�zr�e�a�-e�ee�}o�---�#�e-eo�,Ne�.}_rr�ay ;-�r�e�eve�-�N�ee-o� r�et�e-ea�d�da�es-�ia�e-#��ae�-�fot-��,�-e��de-e��ee;-er-�e�-eo�r�e��ar�-e#'-ayy-wa��-e� ate�s,-�Fev#�{e�-��e�c�N-e�d�Har�£e-o�-tes��t�#:�o�-€e►�-H��tr,iar�-e�ee��e�-�e-�e-i�e�c�,_ s��y:�r}d�-ot�-:�n-ar��-�a+�-��EC�-}a�•-wawd,-o�-�rat�s ;-a��-sWeh-�3r�r�a��-eaee��ep-s�a�a-�e- Fielc�-eri-a-da�e-Ne�-�ess-�Nar�-�A-days-��e-��#;e-#:E�e-f�eiae�a�-e3ee��oi�.-- Un the fi rst �T:�e;d;�y <7fter tl�e sec.ond f•�c�ncl�i� of eacll Se��te��ber there shall be a�rirnary eicction for e selection o� i;�•;o no:ninces for each electiv� office at the regular municipa-1 eiection, unless only t�•io nom�inees file ior eacl� eleci:ive ofific.e. 1 �� . . . �.�� -�-9 . . . � �- . � . RD.INANCE N0. GE 2 • • � , ,�. ec�ion 4.0 , JUDGES AND CLERKS. OF ELECTION. The Council shall at least ��8�-�e�-�ays �: �5 da s be ore each municipal election appoint three qualified voters of each voting =�, preci n t to be judges of el ecti ons therei n and t�ro qual i fied voters of .the same�preci nct r\^/� l�►i Y .j o be clerks of election, or as many more or less as may be determined by the co�ncil. }_�I o person signing or circulating a petition of nomination of candidate for election ��j 0 office or an member of a cominittee etitionin a referendum or recall shall be � ;� Y P g � ligible to se rve as a judge or clerk of such election. � �'' ,� __ ; i ection , CANVASS OF ELECTIOP�S A:�1D TAKI��G,OF OFFICE, The Council.sha11 m°et ��,! nd canva the election returns Wlti1111 r�-�e seven calendar days after any regular � r spec� 1 elections, and sf�all make full declaration of t{�e results as soon as �' � ossible a d fi7e a state►nent thereof with the city clerk, and said statement shall� z made a part of the minutes. _ � Section 5. , EXPE�lDITUftES Bti` PETITIOfdERS, P�o memb r of any initiative, referenc�um,� `1 �r recall mmitte; no circulator of a signature p p�.r, and no signer of any such - ,� a�er, ot^ ar�y other person, shall acc or offer ny re��ard, pecuniary or otherwise, `f for servi ce rendered in connecti on �•�i th ci rcu ati on thereof ,_but thi s shal 1 not �� revent the committee from paying far legal a i�e and from incurring an expense 'I iot to exceed �50.00 for stationery, copying, printing, and notaries' fees. Any j v�olation of the provisions of this section is a misdemeanor, sub,�ect to a fine not ' ess than $50, not to e 200. � - � . : i ection 5. , INITIATI QALLOTS. T�e ballots used 4�rhen voting upon such proposed �' rdinance shall state the substanc f the rdinance and shall�give the voters the '�� a �pportunity to vote either "yes" or ' " n the qu�stion of adoption. If a majority f the electors voting on any such ordin ce vote in favor of it, it shall thereupon ,y': become an ordinance of the city. Any nu r of proposed ordinances may be voted upo '' �t the same election but the voter shal be' alloiyed to vote for or against each 4' eparately. In case of inconsistency tti�reen t��o initiated ordinances approved at f one election, the one app�ro ved by the igher percentage of electors ve�T�� and have at = east 55% of the votes cast on the question shali prevail to the extent of the 'ncoi�sistency. _ . �, ecti o�6 .� 9> PE�IALTY FOR FALSELY ATTE I fvG T0 ANY SI GfJJ�TURE 0� A PETITI ON . An erson ircula i a etition for th� initiatio of an ordinance, the initiation of charter •anendments, for a referendum or the recal f an elected officiai, shall b� ui.lt of misdemeanor and shzll be fined not iess ian 50 for falsel attestii� to an ��qn_ature on the ueti tion. Electors forminc� themselves.into a commi �ee �for the ur ose of circulating a petition hall rovide each circulatoi° of such pe�ition `��ith a copy of this section of the harte r. . ��ction 6. 4, SUQORUIP�/1TE UFFTCERS. There shall be a city cierk, city treasurer, city attorney d s:�ch other officers subordinate t the city manager as the council may provide or by ordinances. The city at� ey _i�a�a-be-a�{��ed-�y-cFie-eea�� and/or the le�c a1 offi ccr s sl�al l be d�P0111tC'ti b h ci ty mana�er ��i th the ap_proval of the caimci 1. Tl�e ci ty clerl; sh11 1 be sui�ject i;o the direct�ion of the ci Cy manager and shall have such d.uties iii connection ti��ith th keeping of tf�e public records, the�custody and disbu�sement oF ihe �ublic funds, and t e eneral administration of the city's �i �'affairs as shall be c�rdained by i:he cuuncii. �H ,may be desiynated Lo act as secrctary of the counci �. The cour�ci 1 may by ordi nar ce abol i sh offi ces �,rhi ch have been created • by ordinance, and it may combine ti�e dutie of various offiices as '—�r �e fit.'.. . � . . %-( `� � . � � . ORDINANCE N0. PAGE 3 � . � �Section 6 5, PURCIi/1SES AND CO��TR6ICTS, i 1 The city mana�er shall be the chief pi�rchasing t agent of the ci ty. Al 1 purc}�ases on behal f of �he ci ty shall be r�ade, an� al 1 � � contract let, by the city manag°r, provided that tf�e anproval of i:he counci 1 must � ,� be given in advance lvhenever the amount of such purchase or contrac� exceeds ��-,898.a8 ` $5,000.0�0, All contracts, bonds, and instruments of every kind to arhich the city shall be a oarty shall be siyned by the mayor on behalf of the City as v��ell as by �� ' ''the city manayzr, and shall be executed in i:he �ame of the city. Section 6 6, CO�iTfzACTS, HO?J LET, In all cases of contrac s or v-_ 'merchan se; materials or equioi:�ent or for any kind of construction ti�rork under�aken by ; the ci ty, ��hi ch requi ��e an expendi ture of more than �a ,998; 88 �5 ,000.00, unl ess the E council shall by an emG�°g�ncy ordinance othertvise p��vide, the city manager shall � � 'adverti se for bi ds by at 1 east �-� 10 clays pu�J i shed .�oti ce i n the o€fi ci al. newspaper. Contracts and purchases in excess �;898:88 $5,Q00.00 shall be let to the lot�rest I responsi bl e bi dder as determi ned by the counc 1, Tfie counci 1 may, ho:�vever, .re ject 'any and .a11 bids. <Nothing contained in this section shall prevent the council from contracti ng for tf�e doi ng of �ti�ork wi th patented processes , or from the purchasi ng of natented appliances, � .-----.__._..._--.___._._..__._.___...___ ___.__.___.__.__. 'Section 0, PO!dER Of� TAXATTOid, The ci�y shall have, in addition to the powers by this chart expressly or im�liedly-grantcd, all the powers to raise money by taxation � pursuant o he laws of the state ►�ihich are applicable to cities of the class of ��/ � � - which it may e a member from time to ti�me provided that the amount of iaxes levie d fI " � 'against real and personal propeiy adithin the city for general city purposes shall + not exceed 39 16 mills on each doilar of the assessed valuation of the prope rty taxable in � ,the city. In calculating such limit the assessed value of prop°rty used for homestead ' purposes shall be determined no�,•r provided in P�linnesota Statutes, Section 273.13, Subdivision 7a. � � ._.__.�..___ ; j-�2- � ! 'Section 7.02, Section "; 0'r1ER ��AXATIQN, The city council may also levy a x�in � � any year against real r��-�emse;��ro�er �vi thin �;he ci ty in additi on to sai �9 16 mill limitat;ian and th levies sp cified: � --- ' , _. . Secti on 7.03, 64AR{�-BF-E�d��.��A��9?! 30ARD OF REVI Etd.� The counci 1 shal l consti tute a� { board of e��a�}�a#:}et� revie�v and shall meet as such in the usual place for holding � 'coimcil meetinc�s to equalize the assessed valuations according to la�v, and a published notice of such meeting shall be given in the official ne��spaper of the city at least €}€�eeN tes} days prior to the day af said i��eeting. . � s�r � Section. 7,04, paragraph 2, PREP/IRATIOi� OF /1N�VUAL QUDGET., In parallel columns shall be added the amotants expended under similar heads for th° two preceding fiscal years, and, ras far as practicable, the amoimts expended and estimated for expenditure during the current,year: In addition to estimates of exp�nditures, the city manager shall prepare a detailed stateii�ent of rev��ues collected for the t�vo preceding completed fiscal years with ainounts esti�nated to be collected for the current fiscal year, and an esi:imate of , revenues for the ensuing fiscal ycar. 7he estimates shall be submitted to the council . at its first regular moiithly mecting in A�+��s� September. � '� ' ' ' . � . • � ' � � �. �RDINANCE N0: AGE 4 . � 6� Section 7..05, PASSIIGE OF TtiE 6UDGET. The budget shall be the principal item � of. business at the first regular monthly meeting of the council in Au��s� Se tember, and the council shall ho7d subsequen�. meetinys from time to time until all the estimates have b�en considered. 7he meetingsshal.l be so conducted as to give I�nterested citizens a reasonable amouni: of time in ��rhich to be heard', and an apportunity to ask questions. Tt�e budge� estimates shal7 be read in ful] and the ci ty manac�er shal ] exp1 ai n the vari ous i terns thereof as ful ly as may be deemed „ lnecessary by the council. The annual budget finally agreed upon sf�ail set forth in sucl� detail as may b� deterr�ined by the city council, t�e com�le�e financial ' glan of ti�e city for the ensuing fiscal year, and s.hall be signed by ti�e majority of the council upon being adopted, It shall indicate the sums to be raised and from what sources, and the sums to be spent anc! for ��rhat pur�oses, accarding ta 1an indicated in Section 7.04, The total sum appropriated sha11 not exceed the toial estimated �revenue, The counci 1 shal i adopt tt�e budget ��r�fi��-zbe-�er��H-eT- �e��e�� not later tha;� the last counci 1 mee.ting in Octo6�r by ordinartce .�rhich hall set forth tl�e �otal of the budg�t and �{�e totals of the major divisions of the budgets dCCO:"ding to the plan indicated in Section 7,04. � �Section 7.09, LEVY A��D CO�LECTION OF TAXES. On or before the ��-s�-9e�e�e� first council meetinc� of November each year the council shall levy by resolution � ��the taxes necessary to meet the requirernents of th2 budget for the ensuing fiscal Q� ear. 7he�city clerk shall transm�t to t�ie coun�ty auditor annually, not later than �� the lOth of QE�o�er November, a statement af all the taxes lev�ed, and such taxes hall be collected and the payment thereof be enfot°ced ��ith and in like manner as tat� and county �axes, hJo tax shall be invalid by reason of any informality in he manner of levying the same, nor because the amount levied shall exceed the amouni: reqiur�d to be ra�sed for the special purpase for ��hich the same is levied, but n that case the surplus shal7 go into a suspense fund, and shall be used to reduce he levy �or the ensuing year. . �eciion 7.14, ACCOUNTS AND REPO4TS. The c�ty manager shall be the chief accounting fficer,of the city and of every branch �hereof, and tl�e council may pr°escribe and enforce nroper accounting methods, forms, blanks, and other devices consistent ti��it}� �he la��r, t;iis charter, and the ordinances in accord tidith it. He shall subinit to he councii a statement each nlonth showing the amount of money in the custody of the � c�ty treasurer, the status of all funds, the amount spent or chargeable against each f the annuai budget ailowances and tl�e balances left in each, and such ot��pr information elative to the finances of the city as th� council may require, The council may at ny time and shali annuaily provide for an audit of the city finances by a certified ublic accountant or by the department of the state authorized to make exar�inations of he affairs of municipalities. On or before the first day of-A��}� June in eaeh year he city manager s,�all prepare a completP financial statement in form approved by the council of the city's financial operations for the nreceding calendar year, �vhich ta�ement may b� published in such manner as �the council may direct and a sununary .hereof shal'1 be published in the official newspauer on or before A��=�} June lOth of each year. . . � ,' , . ' . � ' ' . . � I� 'tDIPdANCE N0. f'AGE 5 �E ' ' • . � Section 7.17, QEt37 Af��D Tl1X ANTICTPI�TION CERTIFICATFS, (a) If in any year the � �ceipts from taxes or other sources should from some unforeseen cause become � nsufficient for the ordinary expenses of the city, as provided for in the budget, � or if any calamity or other public emergency should subject the city to the �� hcessity of making extraordinary expendit�ares, then the council may authorize /� � e sal� by the city treasurer of emergency debt certificates to run not to exceed �i'� ;� ei9hteen months and to bear interest a� not more than �i�-�e�ee��-�e�-a��H� S llo�•�able b State Statutes. A tax s�fficient to redeem a17 such certificates ;;� t maturity shall be levied as nart of.th� budget of the follo4ving year, 7he i� uth�riration of an issue of such er�ergency debt certificates shall take the form . �� of an ordinance app roved by at least four of the m�embers of the council; the ;� �rdinance, may if deemed necessary, be passed as an emergency ordinance. " ,� (b) For the purpose of providing necessary moneys to meet authorized exp°nditures, ` 'he council may issue certificates o� indebtedness in any year prior to t��e receiot ' f taxes oayable in s�.�ch year, on such terms and conditians as it may determine, bearing � i nterest at a rate not �g-ex�ee�-s��c-�e�e��-�e�-a��t+�a more than al lo.��abl e by State �' tatutes; provided that such certificates outstandi�ng at any one time shal1 not exceed �� : orty nercent of the tax levy payabie in the current year belong�ng to the fund for /� : he benefi t of ��hi ch the borro��ing i s authori zed. U +� . � ; ; �ection 8.05, PU¢LIC tdORf:S: NOL! PERFOR�IED. Public Nrorks including all local mprovemznts, may be cons�ructed, extended, repaired and maintained either by contract or, if the est�imated cost is less than e�e-��ie�sa�� five thousand do7lars, directly �y day labor. Qefore r?ceiviny 6ids the ci ty manager sna71 , under the di rection of h� City Council, have suitable plans and specifications prepared for the propased material or project and the estimate of the. cost thereof in detail , The a��:ard of any �ontract amounting to more than ten thousand dollars shall require a fourth-fifths ote of the City Counci 1, !dh?n the best interest of �he ci ty wi 11 be served thereby, the City Council may or�anize a construction departr�ent under compet�nt supe rvision nd pro�ided �vit�� suitab7e equipment: � —; � ` . � • . Section 10,04, P�.�ER OF REGULA7I0� RESERVED. The city shall have the right and otiver to regulate and control the exercise by a corporation, co�partnership, person. r oth�r enti ty, of any franchi se � however acqui red, �nd whether such franchi se � as been heretofore granted by the ��aa�e� Ci� �f �rid7 ey or by �,he State of ': ti'nnesota,or sha7l hereafter be granted by the city or by the State of �,9innesota. . ; ection 10.05, RATES /IND CIfARGES. Every ��e-��:y franchisee making use - : the street or oublic }�laces within the city shall give courteous, efficient and �dequate service at reasonable rates. A reasonable rate shall be construed to be one hi ch wi 11 , W1 �Il effi ci ent manac�ernent ; norn�al ly yiel d a fai r return on all property j' used and useful in furnishing service to the city and its inhabil:ants. T his s ha l l no t, i' �e construed as a guaranty of a re�urn and �in no case shall �there be any return upon 'r.anchise vaiue, lJithin these lirnits the determination of maxii.�um rates, �Fares or charges to be charged by any ��u��e-��z� franchisee for service rendered �;o the t �ity ar �o any person, persons, fir�m or corporation within the city shall 6e made, f possi ble , by di rect nec�oti at� ons betv�een t}�e puH��e-dac��,� franchi see and the � council. In case of failure to reac{i an ac�reement hy this method ti��ithin a reasonable tim� i;he counc�il may, in its discretion, ayrce to submit to arbitration on such terms �s it may dcem feasiblc or upon such terms as thc fr��nchise provides for� �:he fixing f the rates, fares or cl�arges to be made by the �Hl��E-t��fi�y .franchisee; provided, . however, thafi the rates, fares or ci�arges so fixed �y arbii:ration shall not be b�nding �n the city for i>>ore than five years. . � -,..r,,... �� RDI NAN CE N0. PAGE 6 � , � . 6F •�ection 10.06, PRUVISIOfdS OF FRANCHISES. (a) Every franchise shall contain, among � ther things, pr�visions relating to the follo;ving; (1) 7he term of the franchise grantede 1�lhiCh shall not exceed 25 years, . '�(2) Rates , fares and charges to be cfiarged by the a��}�E-��y franchi see i n compliance.with the terms and provision of Sect�on 10.05. �(3} The rights reserved to the city in connection ��rith the erection of poles, masts or.other fixtures in the streets or public places and the attachment of wires thereto, �the layiny.of tracks in or of pipzs or conduits under the streets or public places, and ihe placing in the streets or other puUlic places of any permanent or semi- oermanent fixtues or e�uiprrent by the ��E-��}�}��3� fr�nchisee. ,(4) The prompt repai r by the ��E-��+ fra►�ch-� �ee of al l damages tb the publ i ` streets, aileys and public property occasioned by the acts of amissions of.the �a�}}E_a��}�y franchisee, _ . . 1(5) The rights of the city to have access to al! books, records and papers of the ��}�e-��7��y franchisee which in any way d�al with, affect or record its operations �within and oertaining to the city and pertaining to property and equipment used and useful in furnishing service to the city a,nd its inhabitants. �(b) Every -Franchise �ay shall contain, .among other things, provisions relating to the foliawing: (1) The �ower and right of the city to submit to arbitration the fixing of any rates, �fares or charges to be made by tfie ��e-��-fr.anchisee. ; (2) The right of the ��E-��}��fr�nchisee to receive upon condzmnation tproceedings brought by the city to acquire the ��e-�� f ranch�see compensation for its franchise or the value thereof, if any. �Section 10.09, PUBt�IC HEARI`lGS. . Before any -Franchise ordii�ance �s adopted or any �rates, fares or charges to be charged by a��e-��+ franchisee are fixed, there shall be � ' a public hearing by the council in regard there�o. Notice of such public hearing 1s!�ai1 be given by published ntoice at least once in the official nel,rspaper not less than ts��enty (20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the council shall determine. iSection 12.07, VACATION OF STRECTS. The council shall have the exclusive po�ver, by ordinance passed by a vote of at least four members of the council, to vacate or - discontinue hic�hw�ys, streets, e�?sec��ents, and alleys �,rithin the City. Such vacations may � made only after notice, and I�earing of affected property owners, and upon such furt��r ter��s, and �y such orocedure as t��e council r�ay by ordinance, prescribe, A r�cord oF each such ��acati on s �al i be fi l ed i n the offi ce of the R°gi s i:er of Deeds of Anoka �ou�f�c� , � V . . � �,'�- � � � � • � ' . � RDIN/INCE N0. �AG E 7 • / f ', i . .. � �___. �ee�}e�-��:�� ;-�Ef��RE ;-PB=-l�f��-A�l�-9d��F�-BF-PRE��i��-BFF�EER�:--��e�-��e-e€€eE��ve '�a�e-e�-�Mz-61�a��e�-a�d-�H��-#:4�e-#��s�-F1eHda�-a��e�-��ie-��►=��-��es�a�-��-da��a��r, , }958;-��e-F�aye�-e�-��ie-��+��a�e-e#�-��c��y=a�:-�kje-��e-e�€-��e-e��ee��e-da�e-e�-�b�s 6�a��e�-s�a��-se�ve-as-Fla�e�-e€-�1�e-6��-o�-�t��-le�;-aN�-L�e-6e��e��r��i�-e�-sa��- ' ��ac�e-a�-��e-��e-er-�+�e-e#��eE��e-�a�e-e�-�b�s-E�a��e�-st�a��-be-ar��-sba��-se��de ` v f a -E3� -�8t�i�E��: � I� �16-W..fr1�Ei°5-6�-�be � G Section ��:�� 12.11 �Section number changed), APPLICATIO�V QF GENERAL LA!�(S. �- � � �` � Section ��:�3 12.12 (Section number chai�ged), EXISTING �RDINANCES� REGULATIONS, 80ARDS At�D CO"�i�IISSIOT�S CQi�TIfdUED. . � PENDING GONDEt+INATIONS AND ASSESSh1�NTS • �� Section ��:�4 �2.13 (Sect�on number changed), �' ; �. - . . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' DAY OF , 1975. . ' m � ATTEST: 0 � CITY CLERK - MARIIIN C. 6RUNSELL Public Hearing: �First Reading: Second Readin g; Publication: 0 � � July 14, 1975 c MAYOR - WILLIRt�1 J. NEE 0 � 0 ' , . �. .PLANNING COMMISSION MECTING CA�L TO ORDER: CITY OF FRIDLEY Jt1LY 9, i 975 Chairman Harris called the meeting to order at 8:00 P.M. RQLL CALL: 1 Members Present: Harris, Scott, Bergman, Peterson, Drigans Members Absent: Langenfeld . Others Present: Jerrold Qoardman, Planning Assistant , � APPROVE PLA�NING COP�I�1ISSION MINUTES: JUNE 25, 1975 PAGE 1 ' ] MOTION b� Drigans, seconded by 5cott, that the minutes of the Planning Commission meeting of June Z5, 1975 be approved as written. Chairman Harris called for discussion. Mr. i-larris then read aloud the following � letter regarding va�ation request, SAV #75-04 (between Longfellow and 79th from Ashton to the railroad tracks). . "Mr. Richard Harris, Chairman, Fridley P7anning Commiss.ion, 6431 University Avenue N.E., Fridley, Minnesota 55432. ' Dear Mr. Harris: RE: Vacation Request, SAV #75-04. After reading the minutes of the�June 25, 1975 Planning Com��ission, we feel there are a few items that were not included, that we think shou1d be. 1. Mrs. Judy Welch, 1�4 Longfellow St. N.E, stat�d that she didn't t,hinkthere was one person on Block 4 who G�ranted the easement paved or improved. 2. Mr. Robert Welch asked if the taxes wi11 increase if the property is vacated., Mr. Langenfeld replied yes. Mr. Welch-asked �vhy sho�ld we have to pay taxes on property we don't even want to own. 3. Mrs, tdelch said that they intend to put in a double car garage in the near future, and ihen��there would be no other access to the rear of their property accept by way of the easement in back. There is also a false statement in the minutes regarding the so,dding of this area. Mrs. Paulson, vrho has � lived at 131 79th Way for about fifteen years has said she didn't think anyone ever sodded the easement, it is just filled in with weeds. I hope you realize that we don't want this property to be used as a drag strip, snowmobile haven, or gang hangout, we never had prob]ems w�th this easement before the fences ��rere installed. l�e are j.ust requesting that it stay open so that when it is necessary to reach the rear of our property, we wiTT have an access. Thank you. Mrs. Delores A. Pet�, Eugene�L. Pett, C. Paulson, Mrs. Hazel Paulson, Mrs. H.F. Muhich, R. J. Welch, Judith L. Welch." Mr. & Mrs. Robert Welch, 144 �.ongfe�low Street N.E., were present at the meeting. Mr. Harris stated that it was his und�rstanding that the City had received a letter from Mr. Benson's attorney regarding the other side of the question. Mr. Dric�ans recalled that there were•.�lso some.quesi�ions directed to the audience regarding people signirig both petitions. He added that he did not find any mention of that in the minutes. . Mr. Narris said that was correct. Mr. � Drigans thought that it n�ight be appropriate to direct the staff tb�� relisten to the 1;ape� and modify the minutes accordingly. . � . k f �. . .� � � . � � � ' � � ' ' � �� Nlannin� Gommission Meeting July 9, 1975 Paqe 2 Mr. Drigans and Mr. Scott WITHDREW THE MOTION. 7A MOTION by Drigans, seconded by Peterson, that the Planning Commission table approval of the minutes of the �7une 25, 1975 meeting, and request that the administration � review the �apes and include that section of the tape regarding vacation request, ;� SAV 4i75-04, in verbatim,.for the next Planning Commission meeting on.Ju.ty 23, 1975. �� UPON a voice vote, a11 voting aye, the motion carried unanimousZy. RECEIVE_HUt�1AN RESOURCES C0�IMISSION MINUTES: JUNE 26, 1975 MOTION by Scott, seconded by Peterson, that the Plannint Commission receive the mfnutes of the Numan Resources Comrn.zssion meeting of Jvne 26, 1975. Upon a voice vo�e, a11 voting aye, the motion carried unanimously. 1, BUILDING P�Rh1ITS �lone. 2. ELECT VICE CIiAIRMAN Chaii°man Harris called for nominations. Mr. Peterson nominated Mr-. Drigans for Vice Chairman of the Planning Commission. Chairman Harris ca77ed �or further nominations. There were none. MOTION by Peterson, seconded by Bergman, that the Planning Commission c.iose the nominations for Vice Chairman. .Upon a voice vote, a11 voting aye, the motion carried unanimously. MOTION by Peterson, seconded by Bergman, that a unanimous ballot be cast for Mx. Drigans as Vice Chairman of the Planning Commission. Upon a voice vote, aZl voting aye, the motion carried unanimously. ' 3, SHORELAND MANAGEMENT ACT Chairman Narris called on Jerrold Boardman, Planning Assistant, to explain�the Shoreland Management Act to the Commission. Mr. Boardman explained ihat the Shoreland Management Act was another set of �_ rules and regulations from the Department of Natural Resources. If they are adopted �• by the State, they ��ill then be mandatory regulations for all municipalities. � � ' Mr. Boardman continued that there have been a nuinber of State and Federal manda- tory regulations already, including the Flood Plain Ordinance, which was required by the Federal and State government. Initially, the Department of Natural Resources set up rules and �°egulations called "Rural Shoreland h1anagement". This managed the shorelines of all major public lakes and recreational facilities in the State of Minnesota as far as setbacks of structu.re, lot size restrict�ons, sewer facilities, etc. This meant �hat a building had to be placed within a certain distance of the shoreline. P1r. Qoar�man said'that through the Shoreland Management Act, the State also requires � the municipalities to establish Shoreland Management Ordinances. The Commissior�er of the Department of Natural Resources would classify all pablic waters into categories. Ne said tha� he believes ti�at Fridley�would have three bodies of water classified as pubiic waters. 7hese would be, (1) Rice.Creek, (2) Moore Lake, (3) Mississippi , ' . Ri ver. � . 'I I• . _ � �.� _ � � Planninq Commission Meetinq - Ju1�y 9, 1975 .. �Page 3_ • Mr.• Qoardman said that on July 16, 1975 at 12:30 P.M., there wo�lld be a Public Hearing held on the proposed Shoreland Management rules and regulations at the St. Paul Vocational Technical Institute. F!e explained that the City staff can make a presentation against the proposed rules at this Public Hearing,'if the Planning Commission felt strongly about the negative aspects of these regulations. 7� � Mr. Boardman said that one of the questions which should be presented was what , would happen if somet.hing should occur in some of the residentiai areas, such as a tornado, etc. He said, however, that there �•ras a section in the Act which would ' allo��r the municipalities to allow variances to this code. These deviations, however, would be based upon the Commissioner's•consent. 'Mr. Harris said that it seemed as if the City had overlapping regulations. Some . of these 4rere in conflict. �� In reference to Mrs. Harris's point, Mr. Boardman said that under the Shoreland Management Act, the setback requirement 4vas 1�00 feet. However, under Critical Areas, � the setback was 40 feet. � , ' � C � Mr. Scott explained'that by forcing the City to accomodate what was written in the Shoreland Management Act-, thQ City would have no flexibility. He�added that once the ordinance was determined,-if there was some problem with that type or ordinance, the City would have to present it's case to the Departr�ent of Natural Resources, rather � than the Department of Natural Resources coming to the City and assisiing them with the problem. The burden of proof would be i�nflicted. upon the City. Mr. Boardman said the main reason that this came about was the presence of � private supplies of water and private septic systems. He said he didn't fe�l that this ordinance was well put together. Mr. Harris commented that if this ordinance was adopted we would eliminate any iaw cost, high rise ty�e housing on that section of land south af I.694 and west of Fast River Road. That land would become almost unusable. � Mr. 6oardman said that the real problem was that the City had different agencies �. going through different steps, Critical Areas, Shoreland Management Act, etc., without consulting each other. • � ' , Mr. Harris a�ked what all of this wauld mean to the homeowner.� Would this increase or depreciate the value of his property? � � � � � ' Mr. Drigans said that it could depreciate it, or in the case of disaster, he would not be able to rebuild. . Mr. Harris.questioned the obtainability of insurance coverage. � Mr. Peterson felt that this Act would be discriminatory in the way that average people t�vould not be able to affard to enjoy their property. MOTION by Peterson, seconded by Bergman, that Jerrold Boardman �repare a resolution for Mr. lfarris's signature �s�•G�hairman of the P.Ianning Commission, and that th.is resolu�ion become the official resolution of the Planning Comniission, to be prescnted at the JuZy 1Gth Public llearing meeting, and �hat this resoluation be presented to the City Council at the next regular City Cotrncil meeting, and if the City Council so chooscs, the� may adopt,that resolution as the City Counci.i resolution to be sent out prior to 11u�ust 5, 1975. Upon a voice vote, all voting aye, the motian carried unanimousl�. . � LJ � � � � � � � C� ' Planninq Commission Meetin2 - Juiy 9, 1975 Pag� � It was dec�ided that Chairman Harris will contac� each of the members of the �� Planning Commission for their approval of the resolu�ion. � � MOTION by Peterson, seconded by Ber_gman, that Chairman Harris repxesent the� P1ann�ng Commission, along witl� Jerrald 13oardman, at the Public Hearing for the Shoreland Management Act on Jvly 16, 1975. Upon a voice vote, a12 voting aye, the motion carried unanimously. 4. RECEIVE THE PARKS AND RECREATION COMMISSION MI�lUTES QF JUNE 23, 1975 M02'ION by Scott, seconded by �'eterson, that the Planning Commission receive the minutes of the Parks and Recreation Commission rneeting of June 23, 1975. Mr, Peterson pointed out that the Parks & Recreation Commission was quite concerned that the senior citizens are adequately funded. Mr. Bergman referred to the section of the minuies on tennis courts. He added that he had the i�pression that Gr�ace High School and the City were under some lease agreement and tha1: they were available for puhlic use thi� summer. Mr. Peterson said that was true, and that included the public scMool courts also. . Mr. Bergman questioned as to that being true any longer. He said he thought that some private organization now had control o� the courts. He added that the gates are locked at times, and that a group apparently had control of the padlock. The Planning Commission wished the Park Directar to investigate the situation. UPON A VOICE VOTE, a1.Z voting aye, the motion carx.ied unanimously. 5. PLANNING COi�1(��ISSION tdORK PRQGRAh1 IMr. Boardman explained that one of the main ob�ectives of the Planning Commission would be establishing goals and objectives of the community. By doing this, they would be setting up a so called development framework. After the goals and objectives � had been established, comprei�ensive planning for an extended time period would be done. Ne added that the Plann�ng Commission should try to gear its policies closely with those of the h1etro Council. • . �J � ' � Mr. Boardman handed out.several informa�ional sheets, one of which outlined specif7c areas of concern for each subcommission to work on. He explained that everything outlined on the sheet was a.tentative layout. Mr. Boardman said that the member�commissions would develop the initial policy _ to send to the Planning Comm�ssion. The Planning Commission would then have the responsibility to furtl�er develop and review those policies for the approvai of the City Council. The Planning Commission ��rould be trying to establish what the needs are and then relate these needs i:o the goals and objectives of each commission. The subcommissions would also be concerned}n the implementation of the goals and objectives of the camprehens_ive .plan. t�1r.'Boardman said that the Goals and Objectives should go to Public Hearing by � January 1, 1976. Tt�erefore, each subcommission should have its goals and objectives back �o the Planning Commission by mid-September. � �Chairman Harris said that he would like a tentative schedule from each of the � • . � . �, .�,�,�,, " � �Tanning Commission Meetinq July 9, 1975 ' • Page 5 Chairmen of the subcommissions by July 23, 1975. , Mr. Peterson suggested that a staff ineeting be held before•the.July 23r,d Planning Commission meeting to insure staff awareness. Ne added,that the Community Development Commission may wish to hold a meeting prior to their first scheduled � meeting. . ' Mr. Scott explai�ned that the Human Resources Commission had already attended �� a meeting which included this subject. He added that the Human Resources Commission fel�t very confident in its understanding of this procedure. � Mr. Boardman explained that more citizen participation was needed. It was presently very weak as far as citizen input. It was hoped that through the Public � Hearing, citizen input tivould be increased. r ' ' ' r � 6. MEETING TIME 7D � Chairman Harris referred io the P7anning C�mmiss�on meeting time. The meeting time seemed to be very confusing due to a mispr�nt on the posted City- Hall schedule. Mr. Boa�rdman explained t�at due to deadlines for a newsletter sent to all Fridley citizens, meeting times ��ere set prior to finishing the reorganization structure. This �newsletterindicated that the meeting time for each commission would be at 7:30 P.f�. If this u,Qre ch�nged, it would lead to more confusion. It was decided that the�Planning�Commission would conduct its m�etings at 7:30 P.M. � . 7. ADOPT RULES MOTION by Scott, seconded by Peterson, that the Planning Commzssion adopt Robert`s Ru1es of Order in so far as they apply to the spirit and intent of the Planning Comrnission. Upon a voice vote, a11 vo�inq a�e, the motion carried unanimously. ADJOORNMENT: � MOTIDN by Peterson, seconded by Drigans, to adjourn the meetinq.. Upon a voice �� voi:P, a31 voting aye, ChaiTman Flarris dec.Zared the Planning Commission meeting of ' July 9, I975 adjourned at 10:16 P.M. � . . � Respectfully submitted, � _�� r�-� 1.�1- �'7 P Z� t�olly To�isager, Secretary � '. � � • ' ' . 0 0 � ' ' , ' � � , , , T0: FROM: DATE: SUBJECT: MEMORANDUM James P. Hi11, Public Sergeant Wi 1 ki nson �t`� July 10, 1975 � Animal Patrol Service Safety Director Attached is a proposed contract for renewal of animal patrol services with MAPSI which would replace the current contract which expires July 31, 1975. The new contract is written to cover the balance of this year and all of the calendar year 1976, expiring December 31, 1976. The new contract is identical to the current contract in a11 areas except for paragraph 12 concerning fees for service. An enumeration of the changes is pro- vided below utilizing information and explanation gathered at a meeting on July 8 between myself and Mr. Larry Smieja, President of MAPSI. a. The price per hour for regular scheduled hours of patrol of 20 hours per week has been changed to $8.25 for the balance of this year and $8.50 for the period of 1976. This is a significant increase over the current contract rate of $7.75.- It was indicated the increase was due to the expected rise in cost for gasoline and related petroleum products. It was also indicated the rate for patrol less than 20 hours per week would be higher and as much as $10.00 for some communities. For planning purposes, the last eleven months of service indicates an average of 84.72 hours per month of regular patrol service which would result in approximately $42.36 increase per month for the balance of this year, and $63.54 increase per month for next year when utilizing the new rates. � b. The price for boarding animals remained unchanged at $2.25 per day per animal. An analysis of boarding charges for the past 11 months indicates a total average of 28 animals per month boarded for a total average of 91 days. This is approximately $2�4.75 per month ' � for boarding fees on the average. � �_J � ' ' �� c. The price per each animal for destroying remains the same at $2.00 for the balance of the year but increases to $3.00 for the year 1976. The increase is attributed to problems they apparently are encounter- ing with their rendering source and state they must provide their � own cremation. The past 11 months experience reveals we iiave had an average of 12 animals per month put to death, which would be approximatley $24.00 per month for this service for the balance of this year and $36.00 per month for next year. d. The price per call or�injured animals at $9.00 per call. for "emergency service" in cases of animal bites outside regular working hours remains unchanged e. Th�y have implemented a new category termed "special service". This would be a call for service outside regular. scheduled working hours which involved service for other than animal bites or injured � animals. An example of such a cail might be service to pick up an � animal in a house or garage. The fee for this service is $10.00 per hour and the time includes travel time to and from the kennel. Should the call take less than an hour the fee would be less, i.e. call takes half hour, fee is $5.00. � � Mr. Hill -2- July 10, 1975 -� $.A '� ' ,Our past experience on special calls includes both "emergency service" and "special service" as they had been combined under the provisions of the current contract, - so a separate determination as to future needs in this area is difficult. In , anaiyzing the special calls over the past 11 months, howev�r, it was learned we had an average of approximately 10 specials per month. How many of these would . be animal bite or injured animal calis is not known. ' ' , � ' , � In considering total cost to �he City for services by MAPSI over the past 71 months, an analysis reveals an average of $973.27 per month, with a total of $10,706 which fa1Ts well within the projected $12,000 budget. Projecting an past average in order as a estimate for the need and projected increase minimum figure. in the 1976 budget for this service, using the in fees, I foresee an annual figure of $13,200 The City derives revenue through the service by MAPSI in the collection of impound fees and dog license. Over the last 11 months they have sold 40 licenses, collecting $175.00 for this. They have also callected $1,558.00 in poundage fees. Col1ectively, this provides an average monthly income to the City of $157.54. Other revenue is derived through fines levied against ciiations but the amount would be difficult to ascertain. In summary, Mr. Smieja was informed we would be contacting him relative to the �new contract after it was submitted for reviewal. c - Lt. Rick ' Added Note - Fine Revenue ' � u �J � ' � ' A check of our records indicate that MAPSI issued 82�violation tags between 8-1-74 and 7-11-75. 67 violationsrequire $10 co�llateral and 15 violations require a$5 col]ateral. If all collateral were paid or fines levied based on this formula, the reflected revenue would amount to $745 or approximately $60 per month. This amount added to the previously stated amount would result in approximately $217.54 monthly revenue to the City. It should be stressed that this is an estimated amount since it wou]d be rather difficult to research court records on each individual case. � • ti •�, ' , , I ' ' , CONTRACT This agreement made this by and between Metropolitan Animal Patrol Service, Inc., a Minnesota Corporation, hereinafter referred to as MAPSI, and the City of Fridley , a Municipal Corporation located in the County of Anoka and the State of Minnesota hereinafter referred to as City, witnesseth: Zn consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: l. This agreement shall be effective as of the lst day of August, 1975 and shall continue in effect until llecember 31, 1976 2. MAPSI agrees to patrol �he public streets of Fridley in a vehicle specially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. 3. MAPSI agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be approved by the City's Public Safety Director. Such employees shall be empowered by the City with such police powers as are necessary for the apprehension and retention of dogs, cats, and other animals, and such employees shall also be furnished with proper identifi- cation by the Public Safety Director. However, MAPSI will not invade �he private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a regular police officer of the City. 4. In addition to the regular hours of patrolling referred to, MAPSI agrees , servi e to attend cases outside re ular to maintain one (1) vehicle for standby c g patrol hours at the specific request of the City's Rolice Department. 5. �MAPSI represents and. agrees that all animals impounded shall be kept at ' MAPSI housed at 506 - llth Avenue North, Minneapolis, Minnesota, and MAPSI agrees � ' • • � ,�� .� 'L- . , � � and warrants that all animals impounded_shall be�kept in a comfortable and humane manner for a period required by City Ordinance. MAPSI agrees that the pound facilities shall be open and available to reclaim animals from 8:00 a.m. to 7:00 p.m., Mondays through Saturdays, and from 1:00 p.m. to 5:00 p.m. on Sundays and Holidays. 6. At the time that any animal impounded under this contract is reclaimed, MAPSI or its agent shall collect an impounding fee of $10.00, the license fee and boarding charges as provided by City Ordinance or this Contract. MAPSI shall furnish monthly reports to the City as required as to the service or services rendered in connection with each animal impounded. A11 impounding fees, license fees, and boarding charges collected by MAPSI or its agent shall be'remitted monthly to the City. 7. In the event an animal is impounded and boarded by order of the City Health Office or placed under quarantine by ruling of the Sta�e Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such period, the City releases all of its interest, right and control over said animals which may then be disposed of at the discretion of MAPSI. In �he event that any dogs, cats, or other impounded animals ar.e unclaimed after five (5) days, they shall become the property of MAPSI and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by MAPSI`, including any proceeds received from any animals disposed of according to Minnesota S'tatutes 35•71• 8. The City shall furnish to MAPSI all forms, license and pound fee receipts and license,tags as specified in the ordinance, and MAPST shall keep records of , all animals impounded, together with a description of same. 9. MAPSI shall equip all vehicles with two-way radio and agr.ees to service and maintain said equipment. ■ - -s- �8D ■ 1 , � � ' ' , � � � ' � � ' 10. Ml�PSI shall assume liability fo� all harm to animals due to i�s � negligence or that of its agents in not properly caring for the same, and agrees to defend any lawsuits arising therefrom. MAPSI shall defend, indemnify, and hold the City harmless including its officers, employees or agents from any and all claims, suits, losses, da�rnages, or expenses on account of bodily injuries, sickness, disease, death and property damage including injury to.animals as the result of, or alleged to be the result of MAPSI's operation. Upon request, MAPSI shall provide to the City proof of public liability insurance including comprehensive general liability, and comTrehensive automobile liability in the amount of at least $100,000.00 per each claimant and $300,000.00 for each occurrence. ' 11. MAPSI agrees that during the period of this contract it wi11 not, within the State of Minnesota, discriminate against any employee or applicant for employ- ment because of race, color, creed, na�ional origin, or ancestry, and will include a similar provision in all sub-contracts entered into for the performance hereof. This paragrap h is inserted in this contract to comply with the provisions of Minnesota Statutes 181.59• � ° 12. The City agrees to pay for MAPSI services in the performance of this contract as follows: a. Price per hour per ambulance for furnishing Patrol ambulance for scheduled hours of patrol (actual time in service to City). _ b. Price fbr each 21t hours or fraction thereof for boarding any species of animal impounded by direction of City officials or local ordinance. c. Price per each animal for destroying dogs or cats. d. Price per call for ambulance service of injured animal or bite case � during other tha,n scheduled or regular working hours of 8:00 a.m. - �+:00 p.m., Monday through Friday. �(F�nergency Service ) 0 8/1-12/31/75 $8.25 $2.25 $2.00 $9.00 1/1-12/31/76 $8.50 $2.25 �3.00 $9.00 � e. Price per hour per ambulanc� for . service during other than scheduled working hours, except for injured . animal or bite cases, including � travel time. (Special Service) $10.00 $10.00 13. All payments shall be made by the City upon receipt of monthly statement of MAPSI. - T�+. MAPSI a�rees �o provide veterinary services to impounded animals as needed at no cost to �he City. 15. Either party hereto may cancel the within contract upon thirty (30) days written notice thez�of to the other party. Witness Witness � 0 � ; CITY OF FRIDLEY METROPOLITAN ANIMAL PATROL SERVICE, INC. Manager � �� o rr�le � � 6431 UNIVERSITY AVENUE NE ANOKA COUNTY 560� FRIDLEY, MINNESOTA 55432 ' The City Council of the City of Fridley would like to thank�the . 43er Days' Committee for its efforts in promoting the Fridley 49er Days' Celebration. The eventful four day celebration was a big ' success and it was due primarily to the coordination, participation, and dedication of all the members of the committee. ' The Council would like to extend a special thanks to Gus Doty, Chairman, and Ed Dunn, Administrator, whose leadership initiated the , support; also, to each member who made each of the activities a tremendous success. Last but not least, than.ks to the committee as ' a�ahole, whose participation through our 49er Days` festivities made the work of each individual involved worthwhile. ' ' i ' , The City Council again would like to thank all the 49er Days' Comiaittee members and it is our hope and intention to make next years Bicentennial Celebration as bountiful as this years activities are. Carroll Kukowski � Councilwoman At Large [d.R. (Walt)� Starwalt Councilman, Ward 2 Yours truly, THE FRIDLEY CITY COUNCIL WilZiam J. T1ee Mayor Tim Breider - Councilman, Ward I Edward J. Fitzpatrick Councilman, Ward 3 � MEMBERS OF THE BICENTENNIAi AND 49er DAYS' COMhiITTEE WHICH WERE ACTIVE IN TEfE PLANNING OF THE 49er DAYS' FESTIVITIES NAME AND ADDR�SS ORGANIZATION •Mr. Don Harstad Chamber of Commerce 7Z01 Hwy 65 Fridley, MN 55432 Phone: 784-8221 Mr. Dick Trezona 177 Hartman Circle N.E. Fridley, MN 55432 Mr. Gus Doty 6441 University Ave. N.E. Phone: 571-6441 Air. Roger Plessel 861 Overton Dr. N.E. Fridley, :4N 55432 Phone• 571-2941 Mr. Dave Sabistina 635 Fairmont St. N.E. Mr. Clyde Moravetz 6431 University Ave, Fridley, tIN 55432 Phone: 571-3450 Ms. JoAnn Rice 5211 Central Ave. N,E. Mpls., MN Phone: 788-9784 Hazel and Orvil Jacobson 6606 Brookview Dr. Fridley, Mn 55432 Ms. Linda LaFond 6720 Monroe St. N.E, Fridley, MN 55432 Phone: 571-0068 P�Ir. Henry Peterson 6312 Pierce St. N.E. Fridley, rII1 55432 Phone: 571-8804 PSr. Ray Minard 6151 Starlite Blvd. Fridley, tIlV 55432 Phone: 560-2596 Ms. Donna Cebula 1427 Mississippi St. N.E. Fridley, PIIV 55432 Phone: 571-3286 Ms�. Sandy Emerson 545 Fairmont St. N.E. Fridley, MN Mr. Earl Ellenwood, Pres. 1060 So. Circle Ftidley, MN 55432 Phone: 784-3562 Springbrook Nature Center Realco, Inc. Fridley Jaycee's rr �� City of Fridley Sun Newspaper Boy Scouts American Legion V,F.W. Post 363 American Legion Auxiliary Fridley Mrs. Jaycee's Fridley Senior Citizens Club gA � Page 2 NAME AND ADDRESS Ms. Bonnie Sheldon 7Z01 Hwy. !/b5 Fridley, MN 55432 Phone: 784-8221 Ms. Linda Ness ' 518 Kimball St. N.E, Phone: 786-4005 Mr. Joe Krauter 548 67th Ave. N.E. Phone: 571-6471 Mr. Edward Dunn 7362 IIniversity Ave. Fridley, MN 55432 Phone: 784-97$1 Mr. A.L. Berg 7339 Oakley St. N,E. Ms. Bev Harshman _ 935 Mississippi st. Fridley, Minn. Mr. Bob Cook 57b1 West Moore Lake Drive Ms. Millie Kokesh 5755 Central Avenue N.E. As per Mr. $d Dunn, Chamber of Commerce 49er Administrator . ORGANIZATIONS Fridley B.P,W. Club . Retailers r 49er Administrator iridley Senior Citizens Club Lion's Club Fridley Senior Citizens Club � � � � � , �t� �� 1 � BURLINGTON NORTHERN INDUSTRIAL DEVELOPMENT AND PROPERTY MANAGEMENT DEPARTMENT � Mr. Clyde Moravetz Engineering De�artment City af Fridley � 6431 University Avenue N.E. Fridley, Minnesota 55432 � LJ � Dear Mr. Moravetz; 176 East Fifth Street St. Paul, Minnesota 55101 Telephone (612) 29�3-2121 July 14, 1975 Concerning our recent discussions about the dedication to the City of FridZey for public street or thoroughfare pur- poses of Outlots F, G, and H and part of Outlot C in Great Northern Industrial Center - Fridley, to cover the areas on which public improvements have been and.are being con- structed at the present time. . In order to formally cover the dedication, we are attaching original blue-back copy of Dedication dated June 16, 1975, and original blue-back and duplicate yellow-back copies of Acceptance of Dedication for execution by the City of Fridley. � Will you please arrange for execution of the Acceptance of Dedication by the City and forward the blue-back copy along with the Dedication to Mr. Ted J. Omdahl, Registrar of Titles, � Anoka County, Minnesota, at Anok.a, for entering in his records. The executed ye].lo�r-back copy of the Acceptance should be returned to us for our records. . , � �. With Mr. Omdahl's copy of this letter, we are enclosing Burlington Northern Inc.'s Owner's Duplicate Certif icate of _. Title No. 40137 for his use in memorializing thereon the Dedicatian and Acceptance as soon as you have forwarded the instruments to hi.m. � We will appreciate your forwarding the original blu'e-back copies of the Dedication and Acceptance of Dedication to � � rlr. Omdahl at your ear liest convenience so that he can memorialize them on our Certificate of Tit].e and return it ' to us. � �� i Very �tr ly yours, �� ' ` R. H. Brokopp Asst. Manager-Property Acquisitions Attach. File: BN 3323 Fridley, Minn. cc: Mr. Ted J. Omdahl , 10 �_ �\ i � � � DEDICATION '. BURLTNGTON NORTHERN TNC., a Delaware corporation, for � and in consideration of One and no/100 Dollar ($1.00), to it in hand paid by the CITY OF FRIDLEY, Minnesota, the receipt whereof is hereby acknowledged, does hereby dedicate to public use as a � street or thoroughfare, that certain tract or parcel of land situ- I ated and being in Ar►oka County, State of Minnesota, described as follows, to-wit: 10q / � � That part of Outlot C.lying Southerly of � thc� Southeasterly extension of the lot line comnion to Lots 2 and 3, Block 7 and all of Out- , lots F, G and H, all in GREAT NOF.THERN INDUSTRIAL ' CENTER - FRIbLEY, accordina to the plat thereo.f , on file and of record in the o.ffice of the Regis- trar of Titles, Anoka County, I:innesota. Reserving, however, to Burlington P3orthern 1 Inc., its successors and assigns, the right and privilege to use Outlot G to construct, maintain, use, operate, relocate, reconstruct and renew such tracks and appurtenant railc�ay facilities as it may at any time and from time to time, desire � �.ithin the limits of Outlot G. The rights reserved to Burlington Northern Inc., its successors and assiyns, are superior ' � . to those required for any and all utilities. If ' said utzZities are pZaced�E�ithin said Outlot G, they will be encased and adequately protected from possible daznage in accordance v:ith the spe- � cifications of Burlington Northern Inc., its successors and assi.gns, at the sole cost, lia- bility and expense of the party or parties con- structing said utilities. � IN WITNESS WHEREOF, Burlington Northern Inc. has cau�ed these presents to be executed by its proper officers, thereunto duly authorized, this �� L� day of `/ ��, 1975. , _� BU INGTON NORTHERN INC. � g � �Vic Preside t � � � ATTEST: . . � 1 , BY . �tar , Secre y �'� � . ��tant � � � _ 0 0 � � � 10B STATE OF MINNESOTA ) )ss. COUNTY OF RA.'�ISEY ) The foregoing instrument was acknowledged before me this � day oi ��y,�/ , 1975, by .1. C. KENADY , Vice President and G. F. STEINHlBE! , ASSIS7ANT Secretary of Burling- ton I�orthern Inc., a Delaware corporation, on behalf of the corp- oration. � . .nnnnnnnr ,��,. M. M. SMITH C��'/� ,�/ �� NOTARY PUBUC - MINNESUTA r Y I�, �, /�y�itiit/l�/�Y ( ��J RAPASFY COUNTY l My Comm. Ex�ires Dec. 18, 1979 NOtdYy PU}� 1C . ■ x This instrurnent was dra_f_ted by Industrial Development and Property Management Department, Burlington Northern Inc., 176 East Fifth Street, St. Paul, I�Iinnesota 55101. State Deed Tax Due Hereon $ 11%IC�E Tax statements for the real prop�rty described in this instrument should be sent to: City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 -2- � 10 C ACCEPTANCE OF D�DICATION CITY OF FRIDLEY, a Municipal corporation of the State of • Minnesota, hereby accepts the.dedication af Outlots F, G, H and that part of C, lying Southerly of the Southeasterly extension of the lot line common to Lots 2 and 3, Block 7, GREAT NORTHERN INDUSTRZAL CENT�R - FRIDLEY, according to the plat thereof on file and of record in the office of the Registrar of Titles in and Por Anoka County, Minnesota, as set forth in that certain instrument from Burlington Northern Inc, to the City of Fridley dated day of , 1975. IN TESTIMONY WHEREOF, the said City of Fridley has caused these presents to be executed in its corporate name by its M.ayor and its Clerk and its corporate seal to be hereunto affixed this day of , 1975. APPROVED CITY OF FRIDLEY . � -------- ------ t�w o c�. As To Propar�n'eresl ----a�� ;;r��-----'�� As To pescription -.��-��- BY Mayor ATTEST : BY , Cler STATE OF MSNNESOTA ) , )ss. COUNTY OF ANOKA ) , The foregoing instrument was acknowledged before me this day of , 1975, by , Mayor and , Clerk of the City of Fridley, a �Municipal corporation, on behaZf of the corporation. This instrument was drafted by Industrial Development and Property Management Department, Burlington Northern Inc., 176 East Fifth Street, St. Paul, Minnesota 55101. State Deed Tax Due Hereon $ IUo�u�. Tax statements for the real property described in this instrument should be sent to: City of Frid2ey, 6431 University Avenue N.E. Fridley, Minnesota 55432 0 i' i • . . �� . � � � ` � � � .I I � 1 ;� � �. �.� � �1� 4 t� � � ¢� ' \? � . �,. r;.`• �' ' �±' I ''•;: : � +`.o`�. ,' � � ,;;,'.' ! t7 �� / , ' ' �� r ' ' ' � _ . r...t . ,,.� . � /� ,.•�• , t , \ �f • �, • '!r . .,,,.:e� � - ; ' ,;��°� ; i i ,' � . , . � i , ,�// .' � '`` � � �� r �O � .� ��..4�: . , /` Ded.i.ca�i�n o� �w#,ea� N, Uu.�2a� F, Ou�2a� G and Pcvi.t v{� Ou�:2a� C Requ.ih.ed ban U�,ie.i.ty and S�.ee;t Pu�cpo�se� �.►� Con�s�u�.c.t.Lan a� Sar�,i�afcy S�eI�,, �1cLten, av�d S�anm Sewe�c. Pno1 ec,t # 11 G and ��-jc.�e,t Im}�nvve�nev�t Ptca�ec,t S�. 1975-1, Addendum #2 ; � . _ ',, � / / . . � % ;� / /,, , � ; � , � ('e°) / /• /� /i � ' ' � �G'��';� i � � •, ! � � ,' ; 1 � ' ; , , ., , , �� ,! OU7L07 00 � i . 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O s�.•, ,�� i '�•-' h, �� ; �` `�;'� �'��° ��T � � � : � �:'� ' • v : �•.... � , , 1 -- - — -- ---- ' _ � , ---- - _._ ---- . a � - 2 _ .� k; ; j , t� M 's �. ` __�_ W�.�_ ._ -- _i_ _ – , ' -- -- . ao• +'• � . . • ; � . � � . . . . � �•� p� •;7.ftYnr.:.r(n�:.vr),....... � � S I/4 CaRNfR , �; �i� . • y�l ,I ; J o. .... �f6EN0 _ . , h ; .SEii. �Z � ?y ` O. ti Gl' ✓ud.�roi ln.wi.r�o�x � ; � r' r `� :� �� •.`'� �.. .; �' , N,s� ; � � � e � `;ae.e� �= ` 4`., `iY' o �: , � c,'/"�,� 1 X;,`tl�i ifF1 f � 2 G C�� ;_. __ �.,�., — �-----' OUTIOT 0 . . . . . az�s�.... I.. � � ' � � � � cc: Richard Sobiek, Public Wor�CS Director Dave Noyes � Dave Nordale Mr. Nasim Quershi City Manager City of Fridley Fridley, Minnesota. 55432 Dear Mr. Quershi; 16015 9th Avenue Nortli Wayzata, Minnesota 55391 July 14, 1975 , � This letter is to inform you of our desire to cooperate �vith the .City of Fridley Council in our attempt to obtain a building permif for the � Meridian Corporation. LJ � � !t is our understanding that additional demands will be made by the Council in order to possibly obtain ingress and egress from E. River Road. This has to do with installation of a.ccelleration and decelleration lanes along E. River Road. We have a working agreement with the Meridian Corporation as to expenses involved with this installation. I believe they have or will have drawings in your hands by Council meeting tijme on July 21, i975. We are in agreement to rezoning only if we can obtain direct � access from E. River Road, and we would be agreeable to right turn traffic only in exit to E. River Road. (t is our understanding that this could possibly � be worked out. . r ' � On the assumption that Meridian Corporation will purchase our site, we are petitianing for rezoning on behalf of Meridian Corporation, based on the previously submitted plot plans, and only if ingress and egress along E. River Road is granted by the Council. This site wovld have little value with no access along E. River Road. ' 1 '. WNC:pmu ' . We solicit your help in this matter. Sincerely, � j �� G Warren N . Caldwel I Owner � � . . � MERIDIAN CORPORATION `Vanlxao�ox6 0 �eue�o�� • �-%�'"o�iil�eo�a � IS SOUTN NINTN STREET ' . � SUIi! 3tU _ MINN[APOL18. MIHNE60TA 68402 • pNONts (6121 339-7207 LJ Mro Warren Cald�•re11 ' 16015-9th Ave. North , Wayzata, Minno 55391 � � � I r �� ' � � i � Uear Warren: July 9� 1975 0 [�s per my recent conversation witl� you, tliis will confirm that . the parties c•re have been negotiatin� withh�veaexpressed�theirt . River Road site (that is 7-11 and ott�ers) disinterest in the site without direct access from East River Road. ' Their experience, they indicate, dictates avoidance of such a site as it has a tendency to discourage shoPPers by indirect access. If the entire high�•�ay had limitebu��aheretappliedrontane� the shopper reaction would be diftesechologically detrimental. individual basis, they believe it p y erience of extremely successful national Based on the above exP We Would not be retailers such as 7-11 Food Stores and °urchase the propertyo interested in exercisin� our aption to P We believe the site is not marketabf�pn��heuo�a�4lsfeet�m East River Road, especially with a].ong � The other conclitions and tkte rezoni.n� i.mposed� by tlie City of rridlc:y u�� ('L�1lalwith Ar�decieleiration,�and�accelerationJlane.'i� from �ast River Road If you have any questions, please call me. Sincerely, D�tN/ jr G�; Dave Nordale MERID IA vid M. esident TION / ;7 � ��;� ,......." e s " �,j l �� RE501.UTION N0. ' ' RESOI.UTION ORDERING IDIPROVEi�1ENT AND FINAL PLANS AND SFIiCIFI- , CA'fIONS /1ND ES'TIMATE5 OF COS'I'S 'I'HEREOF: STORM SEWER IMPROVEMENT PROJECT #118 , � }VHEREAS, Resolution No. 80-1975 adopted on the 16th day of June, 1975 ,by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereta for reference as Exhibit "A", and iiYHEREAS, all o£ the property owners whose properl:y is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten ,(10) days notice by mail and published notice of the Coi.incil I3eaxing through two (2J weekly publications of the rec�uired notice, and the heaxing was held and the property owners heard thereon at the hearing as noted in the said notice. , NOIV, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, biinnesota as follows: , 1. That the following improvements proposed Uy Council Resolution No. . 79-1975 are hereby ordered to be effected and completed as soon as reasonably possible,to wit: . � Storm sewex and related appurtenances located as follows: � � That arEa bounded by Gardena Avenue on the South, Stinson Boulevard on the East, 60th Avenue and its extension to Stinson Boulevard. on the North and Oakwood Manor on the West. � r � � � 2. That work to be per£ormed under this project may bs performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Public lUor]:s D_irector,.Richard Sobiech, $ the City's Consutting , Engineers are hereby designated as the Engineers for this improvement. They shall prepare final plans and specifications for the making � of such improvement. . � ADOPTED BY THE CITY COUNCIL OF THE CITY OP FRIDLEY TFIIS DAY OF. , 1975, �� INAYOR - 1VILLI/1'�! J. .NEE � ATTEST: , CITl' CLERK - NIARVIN C. BRUNSCLL � � � CONSIDERATION OF IMPROVEMENT STREET IMPROVEM�NT PROJECT ST. 1975-1, ADD�NDUD4 #3 (Siverts Lane) J .' � '� MINNESOTA HSGHWAY DEPARTMEN? TRAFFIC CONTROL SIGNAL . AGREEMENT N�. 580D9 BETWEEN THE STATE OF MINNESDTA, DEPARTMENT OF HIGHWAYS AND THE COUNTY OF A(`.OKA AND THE CITY DF FRIDLEY, MINNES�TA , FOR . • Remove the existing traffic control signal and install a new 7raffic� Control Signal with street lights at the intersection of Trunk High- way No. 65 at County 5tate Aid Highway No. 35-West Moore Lake Drive and at County State Aid Highway No. 5(hlississippi Street) and revis- ion�of"the existing Traffic Conirol signals on Trunk Highway PJo. 65 at West Moore Lake Drive-Rice Creek Road and at County 5tate Aid High- ' way No. 8(Osborne Road) and at County State Aid�Highway No. 32 (85th Avenue) and at Trunk Highway No. 242-County State Aid Highway No. 14 in Rnoka County. S.P. Q207-34 8 0208-44 . F.P. U 005-2(51) . Prepared b� Traffic Enc�ineering INDEX . ITEP�1 ALLUT. F.Y. FUND EST. AMOUNT RECEIVAE3LE . City of Fridley ;a13,912.50 County of Anok.a ;,l.i,, yl�:. 50 � r� AMOUNT ENCUME3�RED Nane Utherwise covered 14 � . I � I, ' ' � � 0 0 � THIS AGREEt�fENT made and entered into by and between the State of Minnesota, Department of Highways, herefr�after referred to as the l� A "State", and the.County of Anoka, hereinafter referred to as the "Caunty", and the City of Fridley, hereinafter referred to as the "City", WITNESETH: GIHEREAS, it is considered�mutually desirable to remove the exist- ing traffic control signal and install a new traffic control signal. with street lights on Trunk Nighway No. 65 at its intersectio� with County 5tate Aid Highway No. 35-West Moore Lake Drive and with County 5tate Aid Highway No. 6(Mississippi Street) and to reuise the existing traffic control signals on Trunk Highway No. 65 at its intersection with Rice Creek Road-West Moore Lake D�ive and with County State Aid Highway No. 8 '� , (Osborne Road) and with Caunty State Aid Highway No. 32 (85th Avenue) and with Trunk Highway No. 242 - County State Aid High�ay No. :.14 in the � County; and _ WHEREAS it is anticipated that said installation is eligible for Federal�Aid 1lrban Funds and that said funds will contribute an amount equal to 70 percent�of the.construction and constructian engineex- ing costs; WHEREAS, the.County, City and State wi11 participate in the cost, maintenance and operation of said signals as hereinafter set forth; NOW, T#1EREF�RE, IT' IS� AGREED AS FOLLOWS: - �� 1. 7he State shall prepare the necessary plans, specifications � end proposals and shall perform the engineering and inspection required I • . a ,, to complete the items of work hereinafter set forth. Such work s I ' � u 58Q09. �.�,� 0 0 ' �. . ' ,. :� � � i .' , � � , r � � .� � 0 0 14B � described immediately above shall constitute "E�gineering and Inspection" and sha�l be so referred to hereinafter. �' � 2. The contract cost of the work ar, if the work is not con- ' tracted, the cost of all labor, materials, and equipment rental required to complete the work, except the cost of providing the power supp].y to the service pole, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The State with its own forces, equipment and materials nr by contract sha1.1. perform the signal �ark indicated at the following locations: n a. b. Trunk Nighway No. 65 and Couniy State Aid Nighway PJo. 35- West Moore Lake Drive. Remove the existing traffic sig- nal and in�stall a actuated, interconnected traffic signal with mast arm�and pedestrian indications and street lights. Estimated Constr�ction Cost �;?5,�00. Federal Aid Urban share seventy percent (70i�). County's share seVen and one-half percent (7;'�). City's share seven and one-half percent (7'r��). � Trunk Highway No. 65 and County State Aid Highway No. 6 (Mississippi Street) remave the existing traffic signal and install a actuated, interconnected traFfic signal with mast arm and pedestrian indications and street lights. Estimated Constructi�on Cost �100,OQ0: Federel Aid Urban share sev�nty percent (70�). County's share seuen�end one-half perce�t (it�;). City's share seven ��and one-half percent (7;��). 58004 • �-Z- ' � • . . . � • 14C 4. The 5tate shall revise or cause the revision of the exist- ing signals on Trunk Highway No. 65 at�its intersection with Rice Creek Road-West Moore Lake Drive and with County State Aid Highway No. 8 (Osborne Road) and with County State Aid Highway No. 32 (85th Avenue) and with Trunk Highway No.. 242-County State Aid Highway f�Jo. 14 at its own cost a�d expense; and the existing agreements providing for main- tenance�operation and electrical power at the intersections shall remain in fu11 force and effect. 5. Upon completion of the work provided for in paragraph 3 hereof, the County and City shall each pay the 5tate their share of the actual Construction Cost plus six percent (6°� of such share as their share of the cost of Engineering and Inspection. The State shall pay any remaining cost. 6. The City shall install or.cause the installation of an adequate electrical power supply to the_service pole or pad including any necessary extensions of power lines��for the signals and lights pro- vided for in paragraph 3 her.eof, and upon completion of said signal with street lights installations shall provide necessary electrical power for their operation at the cost and expense of the City. 7. Upon completion of the wor.k contemplated in paragr�ph 3 hereof, the.State shall maintain and keep in repair the traffi�signals 'i �. � except for relamping, cleaning and painting at its cost and expense; the City shall relamp, clean and paint the signal and maintain the street , '� light9 at its cost and expense. - . � � 0 � � ' ' �8009, � —3— l4D � 8. Any and all persons engaged in the aforesaid work to be � performed by the 5tate shall noic be considered employees of the County . or City and any and all claims that may or might arise under.the Work- men's Camper�sation Act of this State on.behalf oF said employees while so engaged, and any and all claims made by any third party as a con- sequence of any act or omission on:the part of said employees while �o engaged on any of the work, contemplated herein shall not be the obli- gatian and responsbility of the County or City. The State shall not be respo�sible under the Workmen�s Compensation Act for any employees of the County or City. 9. All timing of a11 traffic control signals provided for herein shall be determined by the State, through its Commissioner of �Highways, and no changes shall be made therein except with the approval of the State. 10. Upon execution by the partips and completion of the work proyided for in paragrapf� 3 hereof, this agreement sha�.l terminate and supersede Agreement I�o. C-2662 dated May 23, 1960, Agreement No. 52662 dated Oecember 20, 196Q and Agreement No. 54432 dated March I5, 1965 be- - tween the City and the State and shall terminate�Signal Maintenance Agreement No. 1074-R dated ,7une 16, 1969 between the City and State. CITY OF FRID�EY APPROUED AS TO�;FORM; City Attarney . 0 5E3009 _4_ ey Mayor . (City Seal) . 8y Manager � . . � � . � •-: � . � . ' ' ' COUNTY OF A��DKA . . . . ' • APPR�VED AS TO F�RM: . . . �' By Chairman of th e Board ' County Attorrrey ' (Seal) . RECOMMEfJDED FOR APPROVAL: IBY County Auditor ' County Highway Engineer , STATE OF MINNESOTA RECDMMEN�ED F�R APPROVAL: � . � jDistrict Engineer Qepartment of Highways By� � . ' . Deputy Commissioner ❑f Nighways �i � :� � . . � j Traffic Engineer � , Dated: Department of Highways , APPRDUED: : � . APPROVED: DEPRRTP�IENT OF ADNIINISTRATION: �. Assistant Commissioner .� Design and Right of Way 8y Department of Fiighways ' APPROVED AS TO FORM AND EXECUTI�N: Dated: � • ' ' Special Assistant At�orney General , • , State of Minne�aoi:a � • 5a009 . ' � , �5' . � • � . . . l4E ;� RESOLUTION 0 14F • 8E IT RESOLUED that the City of Fridley enter into an agree- ment with the State of h1innesota, Department of Highways for the follow- •ing purposes� to-wit: To remove the existing traffic control signals and, to install new traffic control signals on Trunk Highway fJo. 65 at its intersectian with West Moore Lake Orive-Central Avenue and Mississippi Street and to revise the existing signals on T.H. 65 at its intersection with Rice Creek Road-West M�ore� Lake Drive and at Osborne Road in accordance with the terms and conditians set forth arid contained in Agreement No. 58005, a copy of which was before the Cauncil. BE IT FURTNER RESOLVED that the proper City ot'ficers hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contra�tual obligations contained therein. CER7TFICATIuI`,i , State of Minnesota County of Anaka City ❑f Fridley m . • i I hereby certify that the foregoing Resolution is a true and correct copy of resolution presented to and edopted by the Council of the City of Fridley at a duly authorized meeting thereof' theld on the day of , 1975, as shown by the ' minutes of said meeting in my possession. . � (Seel) City Clerk 0 0 0 W 1 ` r .. -�� , f! � :.. �F ,�� ,� . � �^. �� ';� ; I I `� � \ �r ` � \ � .t��, u� � ��:f',��`; . � *� \d . �'�6 �, N i � � W r. M' j E �S � � F ' � a _ y N II � I� � i ' � 14 ( '�; , ....� .�. _.. (r—.��-�- y �uw.. �aw F•.r�w. � �..��, M ' } �.... 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QURESNI, CITY MANAGER, A��D CITY COUNCIL � FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. � I SUBJECT: ASSESSP�ENTS DUE IN 1973 OiV LOTS 3 AND 4, BLOCK Z, ' HAYES RIVER LOTS ADDITION • � � DATE: JULY 17, 1975 , The City has paid the assessments due in 1973 on Lots 3 and 4, , Block 2, Hayes River Lats Addition as well as all the remaining assessments on the property. Before the County will strike . '� the 1973 payment of assessments from their book, they must have ' a resolutian adopted by the City Council. The attached resolution would accomplish this. . , MCB:sh . 1 .. r .. . � r. . i � � �� i . � . M. r'�',! cau�TY o� ��o�,� Office of the County Auditor COURT HOUSE, --- 421-476U --- ANC]KA, MINNESDTA 55303 ' �Charles R. Lefebvre County Auditor July 8, 1975 ' � � t , � . ' ' �. , � - � � �Ir. Marvi�,_ C. Brunsell Finance Director . City of Fridley 6431 University Avenue N.E. � Fridley, Nlinnesota 55421 Re: Lots 3& 4, Black 2 � - Hayes River Lots Dear Marv: I am told that we cannot cancel these special assess- ments per your letter, but that we should have a Council Resolution to thi.s �ffect. . I am still holding your eheck in the amount of $3,414.22. �Te wish to get this denosited and I'm sure you do too. If you have any questions regarding this matter, please contact this o�fice. Jery truly yours,� Charles R. Lefebvre Anoka County Auditor .� ' By : V�.Q J. . Plemel, Deputy , I , ' � � , .ri1. s � RESOLUTION N0. -1975 A RESOLUTION CANCELLING SPECIAL ASSESSMENT PAYMENTS DUE IN ]973 ON LOTS 3 AND 4, BLOCK 2, HAYES RIVER LOTS. WHEREAS, The City of Fridley has purchased Lots 3 and 4, Block 2, Hayes River Lots�for park purposes, and, WHEREAS, The Option Agreement stated the City was responsible for Special Assessments due, and,• WHEREAS, The City has paid all assessments due in 1973 and f�ature years NOW THEREFORE, The City of Fridley requests the Anoka County Board of Commissioners to cancel the Special Assessment payments due in 1973. PASSED AND ADOPTED BY TNE CITY COUNCIL OF FRIDLEY THIS DAY OF , 1975. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL �� . . ' � ' r . . . � MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MANAGER/FINANCE , DIRECTOR j � SUBJECT: RESOLUTIONS CQMBINING SPECIAL ASSESSMENTS FOR � , THE JULY 21, 1975 AGENDA � • � 1 DATE: JULY 16, 1975 � � . . I I � All Resolutions combining special assessments on the July 21 � Agenda have been requested by Anoka County. Approval of the ' � combinations of lots is not required by the City. ' We are now requesting that the special assessments be combined. � ' MCB/eh � ' � . . � � . � . . � • �� . ' � . . . -�-, r �J RESOLUTION N0. - 1975 . A RESOLUTION A,UTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON � LOTS 12 AND 13, BLOCK P, PARCEL 3475, AND LOT 14, BLOCK P, PARCEL 3480, RIVER VIEW HEIGHTS ADDITION � WHEREAS, certa.in sp�cial assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE:, BE TT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lots 12 and 1:�, Block P, Parcel 3475, and Lot 14, Block P, Parcel 3480, River View Heights ��ddition, may and shall be apportioned and combined as follows: ORIGINAL PARCE:L FUND ORIGINAL AMOUNT �ots 12 and 1:3, Block P, Parcel 3475, SW #13 Paid River View Height� Addition Regular SA Paid SW #21 • Paid ST. 1966-1 $ 110.50 ST. 1966-1 384.50 Lot 14, Block P, Parcel 3480, SW #i3 Paid River View He-ights Addition Regular SA Paid � SW #21 Paid ST. 1966-1 192.25 687.25 COMBINATION Of= PARCELS FUND ORIGINAL AMOUNT Lots 12-14, B'lock P, Parcel 3476, •Regular SA . Paid River View He�ights Addition SW #13 Paid SW�#21 Paid ST. 1966-1 $ 110.50 ' ST. 1966-1 576.75 � 687.25 IADOPTED BY TN1= CITY COUNCIL�OF THE CITY OF FRIDLEY THIS DAY OF � . 1975. MAYOR William J. Nee ATTEST: CITY CLERK Marvin C. Brunsell I � ' . 16A � ' RESOLUTION N0. - 1975 A RESQLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 32, PARCEL 3570, AND LOT 33, PARCEL 3575, BLOCK P, RIVER VIEW HEIGNTS ADDITION WHEREAS; certain special assessments have been levied with respect to certain land and said land has subsequently been combined. � NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the�following described parcels, to-wit: Lot 32, Parcel 3570, and Lot 33, Parcel 3575, Block P, River View Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCEL FUND ORIGINAL AMOUNT Lot 32, Parcel 3570, Block P, SW #13 Paid River View Heiqhts Addition Regular SA Paid SW #21 Pa�d _ ST. 1966-1 Paid ' 1966 Service Conn. Paid� Lot 33, Parcel 3575, Block P, SW #13 Paid River View Heiqhts Addition Regular SA Paid � SW �#21 Paid � ST. 1966-1 $ 192.25 1966 Service Conn. Paid COMBINATION OF PARCELS Lots 32 and 33, Block P, Parcel 3580, River ViE�w Heights Addition FUND Regular SA SW #13 SW #21 ST. 1966-1 1966 Service Conn. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. ATTEST: CITY CLERK Marvin C. Brunsell 192.25 ORIGINAL AMOUNT Paid Paid Paid $ 192.25 Paid 192.25 �iJ:i'tiI� MAYOR William J. Nee JJ : � ' ' � � � RESOLUTION N0. - 1975 'A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 42, PARCEL '3620; LOT 43, PARCEL 3625; AND LOT 44, PARCEL 3630, BLOCK P, RIVER VIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessrnents levied against the following described parcels, to-wit: Lot 42, Parcel :3620; Lot 43, Parcel 3625; and Lot 44, Parcel 3630, Block P, River View Heigi�ts Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCEL Lot 42, Parcel 3620, Block P, River View Heigi�ts Addition ' Lot 43, Parcel :3625, Block P, River View Heights Addition 1 Lot 44, Parcel :3630, Block P, River View Heigi�ts Addition FUND Regular SA SW #13 SW #21 ST. 1966-1� ST. 1966-1 Regular SA S4J #13 SW #21 ST. 1966-1 ST. 1966-1 Regular SA SW #13 sw #2� ST. 1966-1 ST. 1966-1 COMBINATION OF {�ARCELS FUND Lots 42-44, Bloc:k P, Parcel 3621, Regular SA River View Heigf�ts Addition SW #13 SW #21 ST. 1966-1 � ST. 1966-1 ORIGINAL AMOUNT Paid Paid Paid $ 55.25 192.25 Paid $ 35.00 61.50 55.25 192.25 Paid $ 35.00 � 342.28 55.25 192.25 1,216.28 ORIGINAL AMOUNT Paid . $ .70.00 � 403.78 165.75 576.75 1,216.28 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. ATTEST: CITY CLERK Marvin C. Brunsell DAY OF 0 MAYOR William J. Nee �• � i , �� • RESOLUTION N0. = 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 45, PARCEL 3635; LOT 46, PARCEL 3640; AND LOT 47, PARCEL 3645, BLOCK P, RIVER VIEW HEIIaHTS ADDI1'ION � . WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT�RESOLVED as foilows: Tha� the assessments levied against the following described parcels, to-wit: � Lot 45, Parcel 3635; Lot 46, Parcel 3640;.and Lot 47, Parcel 3645, B1ock P, River View Heights Addition, may and shall be apportioned and combined as fo�lows: � ORIGINAL PARCEL FUND ORIGINRL AMOUNT Lot 45, Parcel 3635, Block P, River View Heights Addition Lot 46, Parcel 3640, Block P, River View Heiqhts Addition Lot 47, Parcel 3645, Block P, River View Heiqhts Addition COMBINATION OF PARCELS Lots 45-47, Bl��ck P, Parcel 3636, River View Hei!�hts Addition SW #13 Regular SA SW #2i 1963 Service Conn. ST. 196b-1 ST. 1966-1 SW #13 Regular SA SW #21 1963 Service Conn. ST. 1966-1 ST. 1966-1 SW #13 Regular SA SW #21 1963 Service Conn. ST. 1966-1 ST. 1966-1 FUND SW #i3 Regular SA SW #21 1963 Service Conn. ST. 1966-1 ST. 1966-1 � ADOPTED�BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 19Z5. � � ATTEST: $ � u 35.00 Paid 342:28 110.44 55.25 192.25 35.00 Paid 61.50 110.44 55.25 192.25 $ 35.00 Paid 201.89 110.44 55.25 192.25 1,784.49 ORIGINAL AMOUNT $ 105.00 Paid 605.67 331.32 165.75 576.75 1,784.49 DAY OF MAYOR William J. Nee 0 ' CITY CLERK Marvin C.�Brunsell � RESOl.UTION N0. - 1975 A RESOLUTION F�UTHORIZING AP�D DIRECTING THE COMBINING OF SPECIAL ASSESSME��TS ON LOT 1, PARCEL 3665, LOT 2, PARCEL 3670 AND LOT 3, PARCEL 3675, BLOCK Q, RIVER- VIEW HEIGHTS EIDDITION WHEREAS, certain specia] assessments have been levied with respect to�certain land and said land has subsequently been combined. NOW, THEREFORI:, BE IT RESOLVED as follovJS: That the assessments levied against the following described parcels, to-wit: Lot 1, Parcel 3665, Lot 2, Parcel 3670 and Lot 3, Parcel 3675, Block Q, River- view Heights �4ddition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 1, Blk Q, Parcel 3665 Reg SA Paid Riverview Heights SW #13 Paid SW #21 Paid St 1966-1 $ 145.86 St 1966-� 230.70 Lot 2, Blk Q, Parcel 3670 Reg SA Paid Riverview Heights SW #13 Paid SW #21 Paid St 196b-1 66.30 � St 1966-1 230.70 Lot 3, Blk Q, Parcel 3675 Reg SA Paid Riverview Heights SW #13 Paid SW #21 Paid St ]966-7 � 55.25 ' St •1966-1 192.25 . $ 921.06 COMBINATION OF PARCELS FUND ORIGINAL AMOUNT Lots 1-3, Blic Q, Parcel 3666 Reg SA $ Paid Riverview He�ights SW #13 Paid SW #21 � Paid . - St 1966-1 267.41 St 1966-] 653.65 921.06 AD4PTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TIiIS OF 1975. MAYOR - WILLIAM J. NEE ATTEST:� CITY�CLERK - Marvin C. Brunsell � DAY - � • . � � ,..,� � • RESOLUTION N0. �- 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 4, PARCEL 3680, LOT 5, PARCEL 36II5 AND LOT 6, PARCEL 3690, BLOCK Q, RIVERVIEW HEIGHTS ADDITION. • . WHEREAS, cert:ain special assessments have been levied with respect to certain land and saicl land has subsequently been combined. NOW, THEREFOF;E, BE IT RESOLVED as follows: That the assE�ssments levied against the following described parcels, to-wit: Lot 4, Parceli 3680, Lot 5, Parcel 3685 and Lot 6, Parcel 3690, Block Q Riverview He�ights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARt;ECS FUND ORIGINAL AMOUNT Lot 4, Blk Q, Parcel 3680 Reg SA Paid Riverview kieights SW #13 Paid SW #21 Paid St 1966-i Paid Lot 5, B]k Q, Parcel 3685 Reg SA Paid� Riverview Heights SW #13 Paid SW #21 Paid St 1966-1 Paid Lot 6, Blk Q, Parcel 3690 � Reg SA Paid Riverview Heights SW #13 Paid � SW #21 Paid St 1966-T $ 192.25 192.25 COMBINATION OF PARCELS FUND ORIGINAL AMOUNT Lots 4-6, Blk Q, Parcel 3681 Reg SA Paid Riverview HE�ights SW #13 Paid SW �#21 Pai d St 1966-1 � $ 192.25 192.25 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY � OF � 1975. � �A7TEST: OR -. ILLIAM J. NEE , � � i � CITY CLERK - Marvin C. Brunsell �� ' � � . � � � � �� i , 1 ' �� J RESOLUTION N0. - 1975 ' A RESOLUTION Al1THORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 7, PARCEL :3695, LOT 8, PARCEL 3700, AND LOT 9, PARCEL 3705, BLOCK Q, RIVER VIEW HEIGHTS A[)DITION WHEREAS,.certa�in special assessments have been levied with respect to certain land and said 'land has subsequently been combined. NOW, THEREFORE,, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 7, Parcel 3695, Lot 8, Parcel 3700, and Lot 9, Parcel 3705, Block Q, River View Heights Acidition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 7, Block Q, Parcel 3695, SW #13 Paid • River View Heic�hts Addition Regular SA Paid SW #21 Paid ST. 1966-1. - $ 55.25 ST. 1966-.1 192.25 Lot 8, Block Q, Parcel 3700, SW #13 Paid River View Heic�hts Addition Regular SA Paid SW #21 Paid ST. 1966-1 $ 55.25 ST. 1966-1 192.25 Lot 9, Block Q„ Parcel 3705, SW #13 Paid River View Heic�hts Addition Regular SA Paid � SW #21 Paid ST. 1966-1 • $ 55.25 ST. 1966-1 192.25 �742.50 COMBINATION OF PARCELS FUND ORIGINAL AMOUNT Lots 7-9, Bloc4: Q, Parcel 3696, SW #13 Paid River View Heiqhts Addition Regular SA Paid � SW #21 Paid • ST. 1966-1 $ � 165.75 ST. 1966-1 576.75 742.50 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � , 1975. MAYOR . William J. Nee ATTEST: CITY CLERK Marvin C. Brunsell I/� RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 41 AND 42, PARCEL 3870, AND LOT 43, PARCEL 3875, aLOCK Q; RIVER VIEW HEIGHTS ADDITION � � WHEREAS, certain special assessments have been levied with respect to certain ' land and said land has subsequently been combined. � NOW, TNEREFORE, BE IT RESOLVED as follows: That the asses:sments levied against the'following described parcels, to-wit: Lots 41 and 4�', Parcel 3870, and Lot 43, Parcel 3875, Block Q, River View Neights Addition, may and shalT be apportioned and combined as foilows: ORIGINAL PARCE:LS FUND ORIGINAL AMOUNT �ots 41 and 4�?, Block Q, River View Heights {�ddition, Parcel 3870 Lot 43, Block Q, River View Heights Addition, Parce7 3875 CQMBINATION OF PARCELS Lots 41-43, Block Q, Parcel 3871, River View Heights Addition SW #13 Regular SA SW #21 ST. 1966-1 ST. 1966-1 SW #13 Regular SA SW #21 ST. 1966-1 ST. 1966-1 FUND SW #13 Regular SA SW #21 ST. 1966-1 ST. 1966-1 ADOP7ED BY T}�E CITY COUNCIL OF THE CITY OF FRIDL:EY THIS , 1975. ATTEST: �ITY CLERK Marvin C. Brunsell $ 70.00 Paid 497.. 38 110.50 384.50 $ 35.00 Paid 248.69 55.25 i92.25 � 7,593.57 ORIGINAL AMOUNT $ 105.00 Paid 746.07 165.75 576.75 _ 1,593.57 DAY OF MAYOR William J. Nee s U ,� �� RESOLUTION N0. -- 1975 � A RESOl,UTION A,U7HORIZING AND DIRECTTNG THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 44, BLOCK Q, PAr�CEL 3880, AND LOTS 45 AND 46, BLOCK Q, PARCEL 3890, RIVER VIEW HEIGHTS A,DDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, TNEREFORE:, BE I7 RESOLVED as follows: That the asse�;sments levied against the following described parcels, to-wit: I, Lot 44, Block Q, Parcel 3880, and Lots 45 and 46, Block Q, Parcel 3890, River I View Heights �lddition, may and shall be apportioned and combined as follows: , ' � �� ' 1 r , � ORIGINAL PARCE:LS Lot 44, Block Q, Parcel 3880, River View He�ights Addition Lots 45 and 4��, Block Q, Parcel 3890, River View Heights Addi- tion COMBINATION OF PARCELS Lots 44-46, Block Q, Parcel 3£381 , Ri ver Vi ew Hei ghts Addition FUND SW #13 Regular SA SW #21 ST. 1966-1� ST. 1.966-�1 SW #13 Regular SA SW #21 ST. 1966-1 ST. 1966-1 FUND SW #13 �� Regular SA SW #21 ST. 196&-1 ST. 1966-1 ORIGINAL AMOUNT $ 35.00 Paid 248.69 55.25 192.25 $ 70.00 Paid 497.38 110.50 384.50 1,593.57 ORIGINAL AMOUNT $ 105.00 Paid 746.07 165.75 576.75 1,593.57 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. MAYOR William J. Nee ATTEST: �� CITY CLERK Marvin C. Brunsell 24 � � �� RESOLUTION N0. - - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 50, PARCEL 3915, ANU LOTS 51 AND 52, PARCEL 3920, BLOCK Q, RIVER VIEW HEIGHTS ADDITION WHEREAS; certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE:, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 50, Parce�l 3915, and Lots 51 and 52, Parcel 3920, Block Q, River View Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCE:LS FUND ORIGINAL AMOUNT Lot 50, Block Q, Parcel 3915, River View He�ights Addition Lots 51 and 5�', Block Q, Parcel 3920, ftiver View Heights Addition COMBINATION Of- PARCELS Lots 50-52, Block Q, Parcel 3916, River View Heights Addition SW #13 Regular SA SW #21 ST. 1966-� ST. 1966=1 SW #13 Regular SA sw #2� ST. 1966-1 ST. 1966-1 FUND Regular SA �� SW #13 SW #21 ST. 1966-1 ST. 1966-1 Paid ' Paid Paid $ 55.25 192,25 Paid Paid Paid $ 212.16 � 461:40 ORIGINAL AMOUNT Paid Paid Paid $ 267.41 653.65 $� - ADOPTED BY THE: CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. MAYOR William J. Nee ATTEST: CITY CLERK Marvin C. Brunsell III � �� 0 • RESOLUTION N0. = 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 1 AND LOT 2, aLOCK R, PARCELS 3925 AND 3930, RIVER VIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: � That the assessments levied against the following described parcels, to-wit: Lots 1 and 2, Parcels 3925 and 3930, Block R, River View Heights Addition, may and shall be apportioned and combined.as follows: ORIGINAL PARCEL FUND ORIGINAL AMOUNT Lot l, Block R, Parcel 3925, SW #13 $ 42.00 River View Heights Addition Regular SA Paid . SW #21 354.58 ST. 1966-1 145.86 ST. 1966-1 230.70 Lot 2, B1ock�R, Parcel 3930, SW #13 $ 42.00 River View Heights Addition Regular SA Paid SW #21 354.58 ST. 1966-1 66.30 ST. 1966-1 230.70 COMBINATION OF PARCELS Lots 1 and 2, Block R, Parcel 3926, River View Heights Addition FUND SW #13 Regular SA SW #21 ST. 1966-1 ST. 1966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' , 1975. , ' � ATTEST: CITY CLERK Marvin C. Brunsell 1,466.72 ORIGINAL AMOUNT $ 84.00 Paid 709.16 212.16 461.40 1,466.72 DAY OF MAYOR William J. Nee 26 � � RESOLUTION N0: � - 1975 I' , A RESOLUTION EIUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON " LOT 5 AND LOT 6, PARCELS 3945 AND 3950, BLOCK R, RIVER VIEW HEIGHTS ADDITION ` WHEREAS, certain special assessments have been levied with respect to certain � land and said land has subseguently been combined. ' NOW, THEREFORE:, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: � Lots 5 and 6, Parcels 3945 and 3950, B1ock R, River View Heights Addition, may and shali be apportioned and combined as follows: ' ORIGINAL PARCFL FUND ORIGINAL AMOUNT Lot 5, Block ft, Parcel 3945, SW #13 $ 35.00 . River View He-ights Addition Regular SA Paid ' SW #21 342.28 ST. 1966-1 55.25 ST. 1966-1 � 192.25 , tot 6, Block R, Parcel 3950, SW #13 $ 35.00 River View He�ights Addition Regular SA Paid ' SW #21 342.28 ST. 1966-1 55.25 ST. 1966-1 192.25 COMBINATION 0{= PARCELS Lots 5 and 6, Block R, Parcel 3946, I�i ver Vi ew Heights Addit�ion FUND SW #13 . Regular SA SW #21 ST. 1966-1 ST. 1966-1 ADOPTED BY TH1= CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. � � ATTEST: CITY CLERK Marvin C. Brunsell � ' �1,2-49.56 ORIGINAL AMOUNT $ 70.00 Paid 684.56 110.50 384.50 1,249.56 DAY OF MAYOR William J. Nee 0 v RESOLUTION N0. - 1975 � A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT.9 AND LOT 10, PARCELS 3965 AND 3970, BLOCK R, RIVER VIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE:, BE TT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lots 9 and 10., Parcels 3965 and 397.0, Block R, River View Heights Addition,. may and shall be apportioned and combined as follows: ORIGINAL PARCE:L FUND ORIGINAL AMOUNT Lot 9, Block Ft, Parcel 3965, SW #13 $ 35.00 River View He=�ghts Addition Regular SA Paid SW #21 342.28 ST. 1966-1 55.25 ST. 1966-1 192.25 Lot 10, Block R, Parcel 3970, SW #13 $ 35.00 River View Heiights Addition Regular SA Paid SW #21 342.28 ST. 1966-1 55.25 ST. 1966-1 192.25 COMBINATION OF� PARCELS Lots 9 and 10, Block R, Parcel 3966, F;iver View Heights Addition FUND Reg�lar SA SW #13. SW #21 ST. 1966-1 ST. 1966-1 � ADOPTED BY THE: CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. �1 ATTESi: CITY CL�RK Marvin C. Brunsell , n , �$ 1,249.56 ORIGINAL AMOUNT Paid $ 70.00 684.56 110.50 384.50 1,249.56 � DAY OF � MAYOR William J. Nee 0 0 � � � • � � � , � � � , � � � , , ' , i 'I � ' RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 39, PARCEL 4115, A�D LQT 40, PARCEL 4120, BLOCK R, RIVER VIEW HEIGHTS ADDIiION WHEREAS, certain special assessments have been levied with respect to certain land and said land h�as subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: �• That the assessments levied against the follovring described parcels, to-wit. Lot 39, Parcel ��115, and Lot 40, Parcel 4120, Block R, River View Heights Addition, may and shall b�� apportioned and combined as follows: ORIGINAL PARCEL.i FUND ORIGINAL AMOUNT Lot 39, Parcel ��115, B1ock R, SW #13 Paid River View Heights Addition Regular SA Paid . SW #21 Paid ST. 1966-1 $ 192.25 Lot 40, Parce1.4120, Block R, - SW #13 Paid River View Heigt�ts Addition Regular SA Paid SW #21 Paid ST. 1966-1 $ 192.25 COMSINATION OF F'ARCELS Lots 39 and 40, Parcel 4123, Block R, River �'iew Heights Addition FUND SW #13 Regular SA SW #21 ST. 1966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. . ATTEST: CITY CLERK Marvin C. Brunsell 384.50 ORIGINAL AMOUNT Paid Paid Paid $ 384.50 384.50 DAY OF MAYOR William J. Nee � v' � RESOLUTION N0. - 1975 `A RESOLUTION AU�THORIZING AND DIRECTING THE COMQINING OF SPECIAL ASSESSMENTS ON LOT 53, PARCEL �4185, AND LOT 54, PARCEL 4190, BLOCK R, RIVER VIEW HEIGHTS ADDITION WHEREAS, certai��n special assessments have been levied with respect to certain land and said land h�as subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 53, Parcel �4185, and Lot 54, Parcel 4190, Block R, River View Heights Addi- tion, may and s!hall be apportioned and combined as follows: ORIGINAL PARCEL:� FUND ORIGINAL AMOUNT Lot 53, Parcel ��185, Block R, Regular SA Paid River View Heigl�ts Addition SW #13 Paid • SW #21 Paid ST. 1966-1 $ 66.30 ST. 1966-1 . • 230.70 Lot 54, Parcel ��190, Block R, Regular SA Paid River View Heigl�ts Addition SW #13 Paid SW #21 Paid ST. 1966-1 $ 145.86 ST. 1966-1 230.70 COMBINATION OF PARCELS Lots 53 and 54, Parcel 4186, Block R, River 'Jiew Heights Addition , FUND Regular SA SW #13 SW #21 ST. 1966-1 ST. 1966-1 673.56 ORIGINAL AMOUNT Paid Paid Paid $ 212.16 461.40 673.56 ' ADOPTED 8Y TNE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. . , ' 1 tMAYOR William J. Nee ATTEST: � , ' CITY CLERK Marvin C. Brunsell � �� 0 � 31 RESOI.UTION N0. - 1975 � A RESOLUTION AU'THORIZING AND DIRECTIP�G THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 37 AND 38, PARCEL 4380, AND LOT 39, PARCEL 4385, BLOCK S, RIVER VIEW HEIGHTS ADDITION � WHEREAS, certai�n special assessments have been levied with respect to certain land and said land h,as subsequently been combined. NOW, THEREFORE, QE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: LotS 37 and 38, Parcel 4380, and Lot 39, Parcel 4385, Block S, River View Heights Addition, may aind shall be apportioned and combined as follows: ORIGINAL PARCEL'� FUND ORIGINAL AMOUNT Lots 37 and 38, Parcel 4380, SW #13 $ 70.00 Block S, River 'View Heights Regular SA Paid Addition SW #21 49�.38 ST. 1966-1 384.50 Lot 39, Parcel ��385, Block S, SW #13 $ 35.00 River View Heigl�ts Addition Regular SA Paid SW #21 248.69 � ST. 1965-1 192.25 � COMBINATION�OF I�ARCELS FUND Lots 37-39, Parcel 4381, Block S, SW #13 � River View Heights Addition Regular SA SW #21 ST. 1966-1 � ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. ' ' ATTEST: � � � ' 1,427.82 ORIGINAL AMOUNT $� 105.00 Paid 746.07 576.75 1,427.82 DAY OF MAYOR William J. Nee CITY CLERK Marvin C. Brunsell � � � � RESOLUTION N0. - I975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMaINING OF SPECIAL ASSESSMENTS ON LOT 44, PARCEL 4410, AND LOTS 45 AND 46, PARCEL 4420, BLOCK S, RIVER VIEW HEIGHTS ADDITION ' • . WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That'the assessments levied against the .foilowing described parcels, to-wit: Lot 44, Parcel 4410, and Lots 45 and 46, Parcel 4420, Block S, River View Heights Addition, may a.nd shall be apportioned and combined as follows: ORIGIiVAL PARCEL,S FUND ORIGINAL AMOUNT Lot 44, Block ��, Parcel 4410, SW #13 Paid River View Heic�hts Addition Regular SA Paid � SW #21 Paid ST. 1966-1 $ 55."25 - ST. 1966-1 192.25 Lots 45 and 46„ Block S, SW #13 Paid Parcel 4420, R7ver View Heights Regular SA Paid Addition SW #21 Paid ST. 1966-1 $ i10.50 ST. 1966-1 384.50 COMBINATION OF PARCELS FUND Lots 44-46, Block S, Parcel 4411, Regular SA River View Heiqhts Addition SW #13 � . SW #21 ST. 1966-1 ST. 1966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. ATTEST: CITY CLERK Marvin C. Brunsell 742.50 ORIGINAL AMOUNT Paid Paid Paid $ 165.75 576.75 742.50 DAY OF MAYOR William J. IYee � 32 RESOLUTION N0. - 1975 A RESOLUTION AUL�HORIZING ANT DI�REPARCELT4440oMBLOCK�SOFRIVERIVTEWSHEIGHTSTADDITION LOT 49, PARCEL �435, AND LO , WHEREAS, certain special assessments have been levied with respect to certain land and said land h��s subsequently been combined. NOW, THEREFORE, BE IT RESQLVEQ as follows: That the assessments levied against the following described parcels, to-wit: Lot 49, Parcel 4435, and Lot 50, Parcel 4440, B�ock S, River View Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCEL.S FUND ORIGINAL AMOUNT l.ot 49, Parcel 4435, Block S, River View Heiqhts Addition Lot 50, Parcel 4440, B1ock S, River View Heights Addition COMBINATION OF' PARCELS Lots 49 and 50, Parcel 4436, Block S, River View Heights , A�dition 1 SW #13 Regular SA SW #21 1963 Service Conn. ST. 1966-1. ST. 1966-7 SW #13 Regular SA SW #21 1963 Service Conn. ST. 1966-1 ST. 1966-1 FUND SW #13 . Regular SA SW #2�1 1963 Service Conn. ST. 1966-1 ST. 1966-1 1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS , 1975. � ATTEST: �� ' ' CITY CLERK Marvin C. Brunsell $ 35.00 Paid 201.89 165.66 55.25 192.25 $ 35.00 Paid 201.89 165.66 55.25 192.25 1,300.10 ORIGINAL AMOUNT $ 70.00 Paid 403.78 331.32 110.50 384.50 1,300.10 DAY OF MAYOR William J. Nee 0 � . , . . ' APPOINTMENT FOR CITY COUNCIL.CONSIDERATION - JULY 21,�1975 � � ' NNME , '� Janet K. Lewis 8477 Regent Ave. No. ' Apt. #202 Brooklyn Park, Mn. 55443 ' � ' ' ' � POSITION SACARY Administraiive $1035 Assistant per 'Month EFFECTiVE DATE July 7, 1975 � REPLACES Peter Herlofsky LIST OF LICENSES TO QE APPROVED BY THE CITY COUNCIL AT THE MEE7ING OF JULY 21, 1975 35 , - --- �_ . .— .____ . _ _ ___. ' TYPE OF LICENSE BILLIARDS 'i � Fridley Fun Center � 6440 University Avenue � FOOD ESTABLISHMENT � Club 47 � 6061 University Avenue I Tire City Incorporated 5333 University Avenue , LIVESTOCK Jack Habel ' 6025 3rd Street NE VENDING MACHINE --------� — ' Creative Hair Inc. 6574 University Avenue NE ' ' Shars Snack 8ar 5209 Central Ave�nue jSkywaod Hallway 5251 Central Ave�nue , Standard Oil 5311 University Avenue � SERVICE STATION ,Standard Oil 5311 University Avenue ' FOOD ESTABLISHP1E:NT Lindguist Cake Decorating 1 and Supply 5247 Central Avenue N, E, ' , � BY 7homas L. Suggs Alyce Simonson Rodger Wedell Jack Habel Val Hachow Stanley Tvedt Stanley Tvedt Barbara Brown Barbara Brown James Landquist APPROVED BY Public Safety Director Health Inspector Health Inspector Health Inspector Health Inspector Building Inspector Health Inspector Nealth Inspector -Health Inspector Deputy Fire Chief Health Inspector Deputy Fire Chief FEE $40.00 24.00 25.00 5.00 15.00 15.00 15.00 15.00 .c�i�iZ�� 24.30 (pro� rated) CONTRb1CTORS LICENSES TO BE APPROVED BY COUNCIL AT THEIR REGULAR MEETING OI3 JULY 21, 1975 BLACKTOPPING FAIRFAX ASPHALT, INC. 6699 Ashton Ave. N.E. Fridley, Minnesota 55432 GENERAL CONTRACTORS COMNIERCIAL ERECTORS, INC. 814 S. 9th Street Minneapolis. Minn. 55404 LLOYD'S HOPSE IMPROVEMENT 4911 - 4th St. N.E. Columbia Heights, Minn. 55421 HEATING_ O'BRIEN SHEET METAL, INC. 1010 Cu:rrie Avenue Minneapolis, Minn. 55403 SWENSON HEATING & AIR CONDITIONING 6700 W. Brbadway Minneap��lis, Minn. 55428 APPROVED BY: by: John Pfaff � D. Clark by: Mike O'Bannon D. Clark by: Lloyd Graczyk D. Clark by: Douglas Hayes B. Sandin by: Douglas Swenson B. Sandin RENEWAL RENEWAL NEW RENEWAL xENEwAZ� �A � ESTIMATES FOR CITY COUNCIL CONSIDERATION - JULY 2i, i975 Coms�ock & [)avis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 � FINAL Estimate No. 2 for furnishing of Professional Engin��ering Services for planning Sanitary Sewer, Water and Storm Sewer Improvement Project No. 116 Comstock & Dav�s, Inc. 1446 County Ro�� "J" Minneapolis, Minnesota 55432 For furnishing of resident inspection and resident supervision for the staking of the following � construction work � PARTIAL Estzmate No. 7 for Water, Sanitary Sewer and �;torm Sewer Improvement P�^oject No. ll6 from June 7 through July 5, 1975 PART]:AL Estimate No. 19 for Sanitary Sewer Improve- ment Project No. 114 from May 30 �hrough June 21, ]975 Peter Lame1�ti � Constructi on Co . . 615 Drake :itreet St. Paul, P4inn. 55102 . PARTIAL Estimate No. 5 for Sanitary Sewer Improvement Proj�ect No. ll3 (Central Ave. Relief Sewer) Dunkley Surfacing Company 3737 East River Road Fridley, Minnesota 55421 .� PARTIAL Estimate No. 2 for Street Improvement Praject ST. 1975-1 PART�IAL Estimate No. 2 for Street Improvement Project ST. 1975-2 . � $ $ 1,753.71 7.21 � $ 280.25 $ .28,448.64 $ 38,896.70 $ 17,745.48 , .i M1 . ESTIMATE FOR CITY COUNCIL CONSIDERATION, JULY 21, 1975 (CONTINU�D) Smi th , Jusi;er & Fei kema �'` Sui te. 1250 Builders E>:change Building Minneapoli�;, Minnesota 55402 For F'rosecution work during the month of June, 1975 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Services rendered as City Attorney during the Month of June, 1975 0 � � � 1,531.37 $ 1,678.50 � � COI�ISTOCI< 8�� DAV1S, INC. 1446 COUNTY ROAO "J" MIIYNEAPOLt8, MINNESOTA 63432 TEL.: T84-9348 COf�SULT1i�IG �P�t�1�lE�RS July �4, 1975 City Manager •- City Couricil City of Fridl.f_y c/o rir. F.icha�:d Sobiech Public Works I)irector 6431 Universt9'_y Avenue, N.E. Minneapolis, Minnesota 55432 Ladies and Gentlem�n: � i � CERTIFICATE OF T�?E ENGIi1EER We hereby subn►it Estimate iZo. 2, the final estimate, foz Cornstock & Davis, Inc. fox the furnisching of Professional Engineering Services for planning 5anitary Sewer, Water and Stor� Secaer Improvement Project i�Io. 116. Contractor's F'inaZ Price • $lOb,546.22 Basic Engineez�ing Fee - 6-1/2/ $6,925.50 Less.Previous Payments 5,171.79 A,.'�ouNT Now I�uE� . . . .. . . . . . . . . . . . . . . . . . . . . . . $1, 753. 71 Respectfully submitted, . COMSTOCK & DAVIS, IIVC. � �, �? �- :'� ; �,�-� � �°�� By , < ��.�/' � E. V. Comstock, P.E. EVC/mjg File 4�7421 � � ' TIME RECORD FOR JUNE, 1975 PROSECUTION GlORK � . �� 1. Preparation, 'Travel and Time in Court for 18 Court cases and 6 Pre-Jury conferences. � 2. Investiga.tion and Process of Complaints including office conferences, phone con- ferences, correspandence and preparation ' of 17 Formal Complaints. � 3. Court and Police �dministration. TOTAL � � - 7 hours 33 hours 0 hou �1 hours CIATE � ♦ • � . FORWARDED FROM'•LAST STATEMENT 6-3C1-75 For legal services rendered as Prosecutor. . for the City of Fridley. � June 1975 Retaine'r. $1,000.00 Secretarial Services 100.00 Time in excess of 30 hours � (11 hours 45 minutes). 411.25 Notice of Trial Date Pads 20.12 � { declar nder penalties of law that this acco t; ci im or dem nd is just and cor= � reCt nd tf,�t rt 't has been paid � , � � Si atur o Claima � SMITH, JUSTER, FEIKEMA, HAS VITZ ND CASSERLY � � , AT70RNEYS AT�= L�—..� _� ; �s� � � , , , . , ' ' � C 45 minutes 55 minutes 0 minutes 40 minutes • 9ALANCE $1,000.00 $1,100.00 $1,511.25 $1,531.37 � '3 , — � ' � � C4iARLES R. WEAVER �RMAN l.. TALLE RGYL C. HERRICK RERT MUNNS MES D. GIBBS WILLIAM K. GOODRICH TH'OMAS A. GEDDE � �FFREY P. HICKEN lity of Fridley � LlkW OFFtCES b1lEAVER, TALLE & HERRICK 3uly 17, 1975 • � 316 E A5T MA1 N S7 R EET ANOKA, M I NN ESOTA 55303 421 5413 , June Retainer $1,000.00 �ouncil Meetings 14 hours Staff Meetings 4 hours onferences with Staff 5 hours egal Research & Prepa.ration of Memos 14 hours orrens Proceeding 4 hours � (Anoka.District Court Re: Swanson) . 41 hours ours in Excess of 30 @'$35.00 Per Hour � 385.00 Court Apgearance . 150.00 '(Hennepin District Court Re: B& B � . Excavating) Secretarial Allowance 100.00 �xpenses Advanced: Hennepin District Court Re: American Cast Iron Pipe Co. �� 14.00 kiennepin Municipal Court Re: American Cast Iron Pipe Co. � 2.00 Anoka District Court Re: Swanson 3.5� 1 Anoka Register of Deeds Re: Swanson � 24.00 ' TOTAL . . . . . . . . . . . . . . . . . . $1,678.50 � 0 �i 1 � 0 � = CL�IMS � GE;V�RAL �',�1D LI(1(10R 1 �F26 - �_!�739 � 0 37 � CONTRP,CTORS LICENSES TO BE APPROVED BY COUNCIL AT THEiR REGULAR MEETII�(G ON JI3LY 21, 1975 BLACK'I'OPP ING FAIRFAX ASPHALT, INC. 6699 Ashton Ave. N.E. Fridley, Minnesota 55432 GENERAL CONTRACTORS COMMER��iAL ERECTORS, INC. 814 S. 9th Street Minnea;polis, Minn. 55404 LLOYD';3 HOME IMPROVEMENT 4911 - 4th St. N.E. Columb:�a Heights, Minn. 55421 HEATINC� O'BRIEPd SHEET METAL, INC. 1010 C�xrrie Avenue Minneapolis, Minn. 55403 SWENSOPI HEATING & AIR CONDITIONING 6700 W. Broadway Minneapolis, Minn. 55428 by: John Pfaff APPROVED BY: D. Clark by: Mike O'Bannon D. Clark by: Lloyd Graczyk D. Clark by: Douglas Hayes B. Sandin by: Douqlas Swenson B. Sandin RENEWAL RENEWAL NEW RENEWAL RENEWAL LIST OF LICENSES TO BE APPROVED BY THE CITY COUNCII AT THE MEETING OF JULY 21, 1975 TYPE OF LICENSE BY APPROVED BY FEE BILLIARDS Fridley Fun Center Thomas L. Suggs Public Safety Director $40.00 6440 Universit;y Avenue Health Inspector FOQD ESTABLISH��ENT Club 47 Alyce Simonson Health Inspector 24.00 6061 Universit�i Avenue Tire City Inco7°porated Rodger Wedell Healih Inspector 25.00 5333 University Avenue LIVESTOCK Jack Habel Jack Habel Health Inspector 5.00 6025 3rd Street: NE Building Inspector VENDING MACHINE: Creative Hair Inc. Val Hachow Health Inspector 15.00 6574 University Avenue NE Shars Snack Bar Stanley Tvedt Health Inspector 15.00 5209 Central Avenue Skywood Hallway Stanley Tvedt Health Inspector 15.00 5251 Central Avenue Standard Oil Barbara Brown Deputy Fire Chief 15.00 5311 University Avenue Health Inspector SERVICE S7ATION Standard Oil Barbara Brown Deputy Fire Chief 30.00 5311 University Avenue FOOD ESTABLISHP1IENT Lindguist Cake Decorating James Landquist 24.80 and Supply (pro- 5247 Central Av��nue N, E, rated) �