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08/11/1975 - 5468PAT RANSTROM SECRETARY TO THE CITY COUNCIL PUBLIC HEARING MEETING AUGUST 11, 1975 � �. . �. � 1 1 �� ' 1 � FRI�LEY .CITY .COUi`�CIL: �� PU�3LIC n�ARIi�G ��10ETIi�� AUGUST li�, 197� 7:33 P.M. PLEDGE OF ALLEGIA�VCE: civen Rt�LL C,'�LL: �,llt�PTIOi� OF �1Gtiv�A: All present Addition: Cor.sideration of action concernin� Project ,#114 and A. J. Chromy Construction. � Consideration of permit for nei4hborhood Party in Ruth Circle Park Fii3LIC HEARI�VGS: PUBLIC HEARIi�IG ON PROPOSED FINAL ASSESSMENT ROLL '• FOR WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT . PROJECT N0, Zio. , . , . � � . . , � . . . , � . , , � � , ' • Public Hearing obened. No objections voiced. Petitioner requested � execution of original roll. Public Hearin4 closed. . � . , � � ' 1 � �� PUBLIC i�EARING ON VACATION REQUEST �Y L� bENSER, SAV �t%5-1�4, ALLEY I N t�LOCK 4, SPR I NG t�R00K �ARK �1DD I T I 0 N �. � � , � �. .' , , ,. . .� �. � . � � � . � � � � � � � � Comments for and against the vacation voiced by affected property owners. Council directed residents to attempt to come to some - solution before action would be taken the comina H�eek. Public Hearinq closed. .'1—l� 2—ZP i � . , � . 0 PUBLIC �t�R � i�G P'�ttT I ��G; AUGUST 11. 1�75 ... ...... PUBL:IC HEARI��GS CCONTINUED) PUBLIC HEARING ON VAGATION REQUEST BY M� MCFARLAND, SAV #75-06, aLLEY. 90 6�TH I�AY ri � � � . � � � . � � � � . � � � - � ll Public Hearing opened. No objections voiced. Mr. James Langenfeld spoke in favor of the vacation. Public Hearing closed. OLD �US i ��ESS : CONSIDERATIOiV OF POLLING PLACE FOt� I'JARD 5, PRECINCT 5 �FROM h�EETI NG OF AUGUST 4, 1975) � � � . � � � � � � � � � � � � 4 — 4 A. Council ar�proved Polling place at Wesleyan Church, 5300 6th Street N. E. Administration instructed to write thank you letters to Reserve Suppljr and also Wesleyan Church. P�E��J �US I idESS : � � CONSIDERATIOiV OF REQUEST FOR N�ONIES FOR INSULATING FIVE iiOMES IN FRIDLEY, . , , , � � � � � � . . � . . . .. � , 5 Tabled until Auqust 18, 1975 meeting of the Council. � ' 1 � ' ' PU�LIC ��EARI�dG �1tET��dG, AUGUST 11, �975 � � � � � � � PA�E 5 iJEW �US I idESS �CONT I NUED) . CONSIDERATION OF PRIMARY ELECTION � � � � � � � � � � . . . :6 Primary election set for Ward III for September 9, 1975. Motion for �settino primary election for Ward i failed. ' RECEIVING AFF�IRP�IATIVE ACTION POLiCY FOR CITY OF FRIi�LtY� �. �— � B Received. Council directed Administration to delete sentence indicating , � that the City Coucnil would be the hearing.board for City employees. Resolution for adoption to be placed on August 18, 1975 agenda. , .. ' , ' ' � � � � CONSIDERATION OF A RESOLUTION �IRECTItJG THE PREPARATION OF ASSESSMENT ROLL FOR JANITARY SEWER AND STORM SEWER IMPROVEMEiVT PROJECT i�IO, 115� � � � C . � . . � � � . � � � . H Resolution No. 165-1975 adopted. • CONSIDERATIOfV.OF A RESOLUTION ilIRECTING THE PUBLICATION • 0� HEARIPdG ON PRUPOSED ASSESSME(VT ROLL FOR SANITARY SEWER AND STORM SEWER IMPROVEMENT FROJECT I'r0, 113. ,... ,, 9— 9 A. Resolution No. 166-1975 adopted and hearing set for September 15, 1975. t;'3 :�� ° . . _ g f� ; av - � €i�is . .. � .. PU�I:IC NEARI�(G f�tET�iJG,� AU�UST 11,� 1�75 �PAGE 4 � �JEi� BUSI��tSS CCor�TINUED) ' � . GONSIDERATION OF A RESOLUTION �I.RECTING T'rIE - PREPARATIOfv OF A FINAL. aSSESSMEIVT ROLL FOR IMPROVEME�T � PROJECT 1��5 SERVICE �ON(�IECTIUNS. , � � � � � � � � � � � � 1� Resolution No. T67-1975 adopted.• � 0 0 CONSIDERATION OF A RESOLUTION �IRECTING THE PUBLICATION OF HEARING ON PROPOSED.ASSESSMENT ROLL FOR 1�%5 SERVICE �ONNECTIONS � � � . � � � � � � � � . � � � � � , � � � � . � 11 .- 11 A Resolution No. 168-1975 adopted and hearing set for September 15, 1975. � CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT I FOR ��ATER, SAyITARY SEWER AiVD STORM SEWER IMPROVEMENT PROJECT �Jo. 316 , , . . , , , , . , , , , , , , , , , , , , , 12 - 12 A Resolutaon No. 169-1975 adopted for oriqinal roll. � 0 e PUBLIC HEARING NIEETING, AUGUST 11, 19_75 PAGE 5 CONSIDERATTON CONCERNTNG PROJECT #114� AND A. J. CHROMY CONSTRUCTION COMPANY. Council action directed Administration to�complete work on Project #114 thru negotiations with other firms as necessary. CONSIDERATION OF PERMIT FOR NEIGHBORHOOD PARTY IN RUTH CIRCLE PARK FOR SUNDAY ' AUGUST �, i975: Council granted permit fio ailow beer ��n park. ' ADJOURN: 10:18 PM. , ' ' ' ' , ' � ' , ' ' ' ' ' ' i _ ��.. ��. i .. � - ,� THE MINUTES OF THE PUBLIC HEARING MEETING OF TNE FRIDLEY CITY COUf�CJL Of AUGUST 11, 1975 The Public Hearing Meeting of the Fridley City Council of August ll, 1975 was called to order by Mayor Nee at 7:32 P.M. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present at the meeting and invited them to join the Council is saying the Pledge of Allegiance to the Flag. ROLL CALL: PIEMBERS FRESENT: MEMBERS ABSEPlT : ADOPTION OF AGENDA: Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee. None. Mayor Nee said he would like to add the co�isideration of actior.� concerning Project #114 and A. J. Chromy Company, the contractor. Mrs. Lee Ar.n Sporre, 301 Ironton St. N. E., asked if it would be possible to add the consideration of issuing a permit for a neighborhood party in Ruth Circle Park. MOTION by Councilwoman Kukowski to adopt the agenda tvith the aforementioned additions. Seconded by Councilman Starwalt. Upon a voice vote, alt votiny aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARI�dGS: PULLIC HEARING ON PP,OPOSEU FIP7AL ASSFSSI�'�EPdT R�LL FOR k�ATER, SAhITARY SEWER AND STORM SEWER IMPRO1i�MENT PKOJ�=Gr N0. 116: � � � The Public Works Director pointed out the locatien of the area as being the Great Northern Industrial Plat, south of T#6R4 and east of East River Road. He saidthe . improvements are on 53rd a.nd Industria] �oulevard and they v�c.re all reyuested: The Public Works Director said Qurlinyton �or�ti�ern is t��e on7y properiy o�l�ner in the area that will be liable foi^ the assessmenis. Ne referred the Council's attention to page 1-G' of the agencia where it is noted that they will bn 1iable for the asses"s- ment. The Public 4�Jorks Dir�ector saicl i:he final ro11 appeared on page 1 of the , agenda in form cf the oriyinal roll and tiie altei°nate ro'I1. He read the costs for the oriyinal roll as fol1ews: water� lateral, $9.72 rer foot, one vdater service at $324.21, sewer lateral at $11.55 per foot and the sewer service at �388.52. He further meni�ioned the cost for the storm se�.�rer N!ill be �7.39 per 100 square fieet of area. Mr. Mervin Herrmann, Assessor, mentioned that s�me of the lots in the area have been ' sold but these assessments will he paicl by Rurlinytan Northern, Mr. Herr•!rann said due. to the large size of the lots within this improvemeni, the assessments in this roll have beei� fi�ured similar 10 the manne;° tf�at lots inAuditor's Subdivisions are figured. li.� further expla�ined ihat 150 fe�t of the side portion of the property is not assessed to equal-ize the front portion ofi i;he property. The Finance Director said this assessment was figureci s�imilar to what a 4-0 acre tract would be. ' � ' The Public 4Jorks Director said there was a representativ� of Eurlington Northern present at the meeting. Mr. John Heron, Qurlington Northern, addressed the Council ar,d said Qurlingi:on Northem had asked that the assessmei�ts be spread in this manner because of the size of th� lots and also the question of o-�hether they v�ould be sold. He said this would also make it possible for samcone to receive service or� the back (�arc�;lsif they are divided in the fuLUre. He said he felt this would be a r;or�,; reasonable way to figure the assessments. Mayor Nee asked if the manner in which the assessments v�ere spread would be a defenseful deviation in his mind, assuming the new ovmer would be assessed. Mr. Brunsell, finance Director said the lots are large tracts of property comparing them to normal building sites. He said these lots are between a small lot and large tracts of ground ai;d this could have been done either way. Mayor Nee said the petitioner prefers the original roll and the Assessor said yes. The Assessor said he felt this was the most logic�l �•;a,y to figure the assessments. Ma,yor Nee said if,ti�er.e.ar.e no other comments> There was ro response. it would be in order to close the hearing. �. i _ . _ ____ __ . I �� . i PUBLIC HEARING MEETIP�f OF AI;GUST 11, 1975 PAGE 2 I� ' i MOTION by Councilman Breider to close the public hearing. Seconded by Councilwoman ' Kukowski. Upon a voice vote; all voting aye, Mayor tdee declared the motion carried unanimously. PUBLIC HEARING ON VACATION REQUEST BY L. BENSER, SAV #75-04, ALLEY IN BLOCK 4, SPRING BROOK PARK ADDITION: The Public Works Director exp1ained the location of the property concerned with the vacation as listed in the heading. He said this:is generally north of 79th and east of Ashton between Ashton and the railroad tracks. The public Works Director informed the Council that the Planning Corronission had recommended denial of the request at their June 5, 1975 meeting. .He pointed out this section of their minutes to be on page 2-E of the agenda. He further explained that two petitions had been presented to the Planning Conmission, one in.favor of the vacation and the other opposing and said these petitions were submitted to the Council wiihin the agenda. The Public Works Director introduced Mr. Craig Mertz,, Attorney for the group of residents favoring the vacation of the alley. Mr. Mertz acidressed the Council and indicated he represented seven property owners and Mr. Leo�ard Benser, who had applied for the vacation of the alley. Mr. Mertz explained the background for the request by sayinq Mr. Benser had located a fence in the alley right of way and he had baen advised by the City staff to either remove the fence fron� the right of way or request that the City Council vacate the alley easement. P1r. Mertz said the alley has really never been used for ingress and egress and it is now sodded and used as back yards ancl has been .for over 50 years. Mr. Mei°tz circulated colored pictures of the alley area to the Council. Mr. Mertz continued to corrment that as I•4r. Sobiech had said at the Public Hearing of the Planning Coinmission held in June, three property c�aners said they op�osed the vacation of the alley because they wish to use the alley to drive their recreational vehicles into the alley and to their back yards. P7r. Mertz said according to the plat of the a��°_a, there is alley right of way, but to allow recreational vehicles to use the alley �vould be a drastic change in tiie land use. Ne said i;he City Council should consider very carefully hovr the use of i:he.recreational vehicles will affect the alley. P1r. Mertz presented a pet�ition signed by eight pr•operty owners in the area favoring the vacation. He ex.plained that this was from a totai of 15 property owners. He mentionedthat it was listed in the Planning Cominissionminutes that t{iere were a total of 17 property owner•s and he beli�ved this i:o be erronious. Mr. Mertz said cross checking the number favoring and opposing, he had determined that only four people opposed the alley •dacation_ Mr. Mertz said he Fvould lihe to briefly 7ist the reasons that the alley should be vacated and continued to state that i:he alley easein�nt had been there for 50 years and had never been used for an alley and•he saicl the use of the recreational vehicles v;ould be a change in the status quo. He said to permit traffic in the alley would be a danger to the children in the neighborhood. He said the residents have enou,yh problems I<eeping the children out of the traffic in the front of their property. He questioned ir ittvould be feasible to watc�, the children on two sides of the property. Mr. Mertz presented the Council with another set of pictures indicatirig the children's play equipment in the back of the homes in the immediate vicinity of the alley easement. He said the play ground equipment attracts children. Mr. Mertz continued to list the reasons and said the people of the area feel to open the alley to traffic �•�ould draw sno��nrobiles antl motor cycles at all times of the day and.night. Mr. P�lertz referred to one of the pi°operties abutting the alley °asement and said this is a pari:ing loi; to the apartment huilding. He said if the alley is ' open to�theparking lot, this would increase the traffic in the area. Healso mentioned that if the alley isopen for traffic, there will be problems with snow removal and if the moder�� equipment is used, it cou]d not turn around without the insi:allation of a cul de sac and acquisition of additional easeme�it. Mr. Mertz stated another reason for not opening the alley to be that thsre would be increased vandalism in the unlighted area. He �resented a picture of an apartment building to the Counc.il. He indicated that tfie painting on the building had been done on the street side of the building and he questioned �•�hat would happen on the private back side, of the building if access was increased. Mr. P1ertz said the people of the area feel that if the alley is o.pen to vehicular traffic that the City Council will petition for the improvement of the alley. fie said he felt it would be dangerous to open the alley for traffic and he asked that the alley not be improved at this time. Mr. Mertz maue mention of the danger of one of the large type recreational vehicles traveling down the alley an d the possibi1ity of it hitting a child. Ne stated that a vehicle would have to travet between two imaginary lines. I�1r. Mertz asked that the City Council in rnaking their decision t�aeigh the sa.fety of the children of the , area ayainst the concern to drive the recreational veh�cles down the alley. He said , • i �� , i• � . . �, � � . . � � ' � . � � , ' r ' � , , , �J � ' ' ' ' ' PUELIC HEARIIJG h1EETIPIG Of AUGUST 11 , 1975 PAGE 3 the people he represents say that the children of the area are the prime interest. Mayor Nee asked F;o�,� many parcels are involved. Mr. Mertz answered there are 15 parcels. He mentioned that 8 of the 15 are in favor of vacating the alley and this is a simple majority. He said they are only talking about four parties in favor of opening the alley. Mayor Nee asked if anyone would like to speak in opposition to the vacation. Nirs. Hazel Paulson, 131 79th Way N. E., addressed the Council and said she had lived in the area for fifteen years and the alley had never been open or closed. She mentioned the only snowmobilin_y is done by twc of the people that are in favor of the vacation. She also mention�d that no one owns a very large recreational vehicle. Mrs. Paulson said if there are fences on the alley easement, it is impossible for the people of the area to get into their back yards, they wou',d have to be moved off the easement by the six feet. Mrs. Delores Pett, 176 Longfellow said whe is opposed to the vacation of the alley. She said their family owned a camper trailer. She said since the fences had been cunst�°ucted, they had no access to their back yards. h1rs. Pett also commented that all ofthe children of the area play in the front yards, never in the back. She referred to the statement concerning the area of the apartment building and vandalism and said there is a huge spot light tliat is lit ai: all times. . Mr. Robert Lti'elch, 144 Lonyfellow, said if eueryone would fence in the back yard, the children of the area would �e forced to use the railroad right of way for access. He�also mentioned he is planning on building a two car garage in the back of his property whi ch woul d requi re access from tfie al 1 ey ease��ent. Mayor Nee asked �4r. H!elch if he was to build this garage in the future, would there be any_way that he could gain access from the front and D1r. l�elch said no. ' Mr. Leonard Qenser, 154 LongfeTlow, said he Gvas sure that there would be some way that the peopie coulci gain access irom the froni;. Mrs. Pett questioned how this would be possible. Sne said she�aid taxes to tr,e City and she did not want to be deprived of the alley access to her back yard. She said she adould not appreciate h�ving �?eople drive over her yard and she questioned why if there is easement should they be forced to vacate it and drive on thc abutting property ovJners ' • yard. , ' Mr. Welch questioned if there should be a buffer zone het4aeen the residential and . the cori�mercial ar industrual property in the area. Fle mer�tioned this would be desirable if they ever r�arited to sell tf�e pp,operty. Mr. N�e�°tz mcntior�ed if it is inconvei�ier�t not to have access� the petitioners are willirig to be reasor�able about the m?tter�. He su�ge�ted that the people using the vehicles could yive vaz°itter notice indicai;ing the exact time, access and provid� flagmen to v;atch out for children. Fie said he felt they could come to some satisfactory solut�ion that ev�ryorie would benefit by. Mrs. t•Jelch addressed the Council and indicated she l�elieved.that tlie mati,er had been bloadii out of proport.i�n. Mrs. Welch said the recreatiunal vePiicles woul'd be driven through the ulley tvro times per year and parked in the back yards to be stored for the winter r�;onths. Dirs. Welch repeated tl7e concern that the,y planned to builci a dnuble yaraye and �ould need the access. She also mentioned tl-�at the idea of the per��:�it system is quF�stion.<.'.>le and she asked ��iith change of ownership and conditions, �^�ould they be able to obtain such a permit in a year's time. Mr. Mertz said that this pravision could be included in a conver�ant on the tit.le of the affect.�d pro;�erties. Mr. ldelch asked w!io vrould pay for such a recc�rding. Mr. P1ertz said the pecple who would benefit by the action. Mayor Nee asked for an cpinion from the City Attorney. The City Atiorney said he had furnished the Council �•�ith a memo about two v�eeks ago on this particular ouestion of what right or authori�.y that the City Council has to vacate such an easement. He said the point of the memo was�•rhere there are certain property owners that approve and some that oppose and this may devalue their property by denial, the City can be held responsible for this devaluation. He said this is a form of reverse condemnation. He said there may be damage done or the property value may be lessened. The City Atterney said in looking at the diagram and list o` people mal:ing comments, it is a matter of opinion wl�ether the property value would be reduced. I':e said if the prqperty is vacated, the people may c1aim that they have lost access tvhich would ma�e the property less usable for a particular purpose. He said the peop'.e of the area would pick up six feet _ i , 49 PUBLIC HEARING MEETING OF AUGUST 11, 1975 - PAGE �� of additional property in the back which would enlarge the property. He said he could not say if the property would be reduced in value or not. The City Attorney said the City Council should keep in mind that if the value is reduced, the City might be obligated to make payment to the property owners. Mr. Mertz said he had talked with the County Assessors Office and they had said that the value of the property would be increased if the alley is vacated. He mentioned he thought the City Attorney was giving the Council a very cautious opinion, but he did not think that this problem existed in this area. Mr. Welch said he did not want or need the additional six feet of property and did not want to be forced ,t9 pay the additional taxes on it. blayor Nee said what the City Attorney had said is that the property ovrners opposing the vacation could sue the City for decreasing the value of the property. biayor Nee said the City has a number of statuses of alleys. He sa,id if this is an improved alley, it would involve City maintenance�. He added, some people use the alleys unimproved and same only have one half of an alley. He said there is a whole range of different options. He said he did not think the City has ever vacated an alley that someone is using. He said as far as a precedent, when people do not have a single mind on thc proposal, or if some people are using the alley, maybe one half of the alley could be vacated or something could be worked out. He said he was bothe�°ed by parts of the dis- cussion and mentioned that the status quo of the alley is that it is currently a public thoroughfare. He said when this argument is mentioned, the current status is that it is public right of way. Mr. Benser said he had put up a fence in the alley about ttvo years ago and to his knowledge, he had never seen anyone drive through the alley. Councilman 6reider 3sked Mrs. Pett if she had brought her travel trailer through the alley and Mrs. Pett said no. She said this is not possible since the installation of the fences in the alley�easement. She rnentioned that they are not allowed to store the recreational vehicles in the street and have to store them in their driveways. Mr. Pett said it is not permitted to store the vehicles in the front of the houses, they should be stored in the back ofthe �roperty. Councilman Breider said they were not talking about the improvement of the alley. Mrs. Pett said no, they did rot vaant the � alley improved. Councilman Breider asked if P�1r. Welch had driver his vehicle in the alley. Mrs. Welch said it is not possible because of the installatior of the two fences on the aliey easement. ' Mr. Welch informed the Council that the petitioner had threater,ed that if the alley is not vacated that the petition.ers would petition for the impro��ement of the alley 4vhich vdould involve paving, assessr:�ents, etc. I�r. Welch said those opposing the vacation of the alley did not want it improved, they want it left just as it is at the present time. Mayor fdee asked PQr. Qenser if this is what really had happened. Mr. Qenser replied that this would be better than having the area iorn up from the vehicles being towed back there. He asked VdF10 would maintain the alley. He said if the alley is to be used, it would have to be improved. . f+irs. Pett asked hew using the alley once per year would tear up the ground. Mrs Pett said.there is only weeds in that area at the present time. Mayor Nee asked the Public bJor!<s Director �-fhich pro^erties were opposing the vacation and ti��hich were favoriny it. The Public Works Director �ointed out the various �� properties on the block and listed the properiy owners and their opinions on the vacation. Mr. Mertz sa�d he v�ould protest any opinion offered by the City on Lots ' 31 and 32 since he had checked the o��rnership of the parcels and they had been �listed , in the County records as being the property of the State of Minnesota. The Public Works Direci;or said according to i:he Gity records, Henry I�luhich is the current property owner of this parcel. Somc discussion followed concerning tiiis parcel indicating the propert,y h�,d recently changed ownership and a house had been moved onto the parcel, The Public Works Director said the house is currently for sale. The Public Works - Director sumr�ed up the situation of the area saying there was no compromise available since the property own�rs favoring the opposing are scattered tn�°ough and on both sides of the block. The Public 4�Jorks Direci:or said if the alley is improved, it would be a dead end a11ey uniess easements were acquired from the proper�ty owners for a turn around. Councilman Fitzpatrick said the City Attorney had talked about the property values and he questioned the assessment procedure. The City Attorney explained that the vacation of the alley would be sort of a r�verse condemnation by the City Council. He said i ' S� PUQLIC HERRING MEETING OF AUGUST 11, 1975 . � PAGE 5 th� City would be subject to suit for damayes in Lhe amount of the change in the value of the property. Councilman Fitzpatrick said the value depends on the one who is using the area. He added, sorne feel that it would be detrimental to vacate and some feel it would be detrimental to not vacate it. Ne said it is going to be very difficult to arrive a, conclusion on this type of matter. The City Attorney said this would depend o� what the Judge or jury would deterrnine. The City Attorney said the Counsel for the petitioner has said that sor�ethi.ng could �e worked out to suit everyone. He said perhaps, all should sit down and work out a private agreement wh;ch would limit the access. He quest�oned if the two groups could reach agreement. Mr. Welch said two people want the additional six feet of property to put gardens in the back yards and this �aould keep the remairder o; the �eop�e from using the alley easement. . He indicated that. it would be a violation of the lab� in putting up the fences on the alley easement. �ir. P1ertz said tf�e Planning Commission had granted them an extended tiine to re;nove the fences. Mr. Mertz said the petitioi�er would abide by any decision that the City Council ma'�es. • Mayor Nee said the City Council prefers to vacate alleys in the City. He said at the public hearing if all were in favor of the vacation, it would he vacated. Ne mentioned here, the Planning Comnission had unanimously voted to deny the vacation. He said this put the City Council in a bad spot right off the,bat. He mentioned that at the current m�eting, it was only a public (iearing meeting and the Council does not take any action at the public heariny. Councilwor:�an Kukowski asked Mr. iti'elch if he could get his tent trailer in the back yard from the fro��t. hir. Welch said hewould like to build a double garage in the back and this would limit his access if the alley were vacated. Mayor Nee asked v;hich lots had been fenced through the ��asement and the Public Works Director pointed them out on the map of the area. f�tayor Plee said this is on the Benser arc; Floer propertye Councilman �reider askeci if the issue t,�as tV��at the fences have to be removed before access to the �t�iley is obtainabie and Mrs. P�tt said yes. Counci'Iman Breider ' �rsked tr�r. Flo��° f�ow lonc� he iiad `nad his fence in the edsement. P�r. Floer said he • had the fence ai; ?:F�e property l?nE for years and had just recently moved it back six feet. Ile said 'n.� thought there may also be st�me shrubs �in the aJley easement. fdrs. Pett said the slirubs he �r�as referring to a�ere on her pro�rc:rty and this was.not in tr,e al�iey e�sement. � �'iayor Nee askec� ��it�. f"eri;z if �it would be possible to come io some r.ompromise. Mr. t�1e•rtz i°espor�ded l.i�at if tP�ose opposing the ��acution of thn a(-ie:y app�int some s; ek.esrnan, he �•:o.;l d he 1�'1 � � 1 I1C� tG tal k to ti�em. , P�1•r. Welch ask�;l if tl7is meant tf,at they ti�r�uld ha�re i;o hire an attorney to talk to Mr. Mert;�. f�iatiror ��ee said�no. f�r. t�elch said i�ow ti�e peopl� with fences in the ease^rnb are in violati�n oi' the la�,•,. P•1r. �!elcl� rontinued to comment that he had tc�ld theni tl�at they �,a�re in violation �f the lav<� wher� tliey insta] ied the fencing' � � on the ease�ri^n�. Mr. t�leriz s�id the� were noY. inviolal:ion s;nce th^ Flanning Cominission � had r�cona�i�5nded a.n extension u�til Octobei° 15 �1975 ror the remevul of the fencii�y. � , L_J ' ' hlavor Nee said he woudl like to see some settl�rnent: ;n a n�ighboriy ��ay. He said he�"ad not ta?!;cd to any of '1}° o±her m�mf;^r� of th� Cour,cil to determin� hew the vote ti:ould b� ir,ade. He su99est.ed that an eff�rt be made to rea��h some scttleinent ai�d thc: matcer ti+�ouid come back tn the Counri i the followiny ^":a��aay evening for u decision. Hc said the City Coucnil would like to knaw if there is any adjudication on the matter. t^r. Mertz said he v+ould try to work out some ac,reement before the coming Monday. t�iayor Nee said he would not �ranC i.he Council to make a choice between neiyhbors. He mentioned they all had frier�is on both sides of ti�e issue. MOTION by Couricilr;an Fitzpatrick to close the Pui�lic Hearing. Seconded by Council- woman Kukow,ki. Upon a voice vote, all voting aye, I1ayor ':ee declared the motion carried �.�nanimous�l,y and the public hearir�g closed at i3:�9 P.M. PUBLIC HEARIWG R[ UFST BY M. MCFARLA^;D SI�V #75-06, 9�i G4TH WAY N. E.: The Public blorks Director pointed out the location of the Froperty in question and explained that the Planning Conmissio n had recommended approval of the request at their me�ting oi June 25. The Public Works Director indicated that it would be � � 5I PUBLIC HEARING MEETING OF AUGUST 11, 1975 .PAGE 6 necessary to include the stipulation that the drainage and utility easement be retained. He mentioned that there a�as no objection to the vacation and in fact any comments made were in favor of the vacation. Mr. James Langenfeld, 79 632 Way N. E., addressed the Council and explained that he lived to the north of the property in question. Ne said he had tall<ed to the neigh- bors of the area and there was no objec.tions with the possible exception of one person who was not present at the meeting. He said the vacation of the easement would tie in the area with uniform landscaping, etc. He mentioned that currently the area is being used for the dumping of garbage and being.filled with trash. He felt the vacation of the alley would enhance the area. . Councilman Fitzpatrick said rio one had appeared again � the vacation atthe Planning Commission meeting or at theCity Council Public Hearing. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor PJee declared the motion cari°ied unanimously and the public hearing closed at &:33 P.M. OLD QUSINESS: • COi4SIDERATION OF POLLING PLACE FOR WARD 3, PRECINCT 3, (FROP1 MEETING OF FlUGUST 4, 19i'�): Councilman Fitzpat�°ick said he felt the location suggested (Wesleyan Church, 5300 6th Street N. E.) was a better location than�WicF;es. Councilman Fitzpatrick questioned the changing of a polling place one month before an election and asked if the voters of the area would be notified. The Finance Director said he was currently not familiar with the requirements and this may be mandatory. Councilman Breider questioned how many people this would involve and the Finance Director indicated that this v�ould be . about 1,000 people in this precinct. Mayor Nee estimated the cost for such a mailing to be in the area of $100. Councilman 6reider said he felt the people should be notified. Councilman Fitzpatrick said the only problem �•�ould be if only the registered voters should be notified: Ne mentioned that it is now possible to register at the polling place on election day. Councilman Fitzpatrick questioned if there had been some determination made on tvhether the polling place can be located outside of the precinct. The City Attorney answered it can be up to 500 feet out of the precinct. , Councilman Fitzpatrick said at the present time he could not come up with a better - solution than the ore proposed. He said the problem is that there is no public btailding in the precinct and ti�is is a problem �hat had been faced all of the time. He said since a better solution cannot be worked out for the present election,.he felt the Council should approve this location. Councilman Star4valt questioned if the Church vdould be used for the primary and another for the general election. The Finance Director mentioned that the election would be kept at the same location for both elections. Councilwoman Kul:owski asked if it would be possible to send a letter of thanks to Reserve Supply fo�° the use of the facilities for the past elections. Mayor Nee questioned if the City had paid for t.he space in the building of Reserve Supply. The Finance Uirector said i;his was not a matter .of paynaent, they had said they did ' n�t pay directly for the use of the facilities, they had just cortributed to the janitorial costs to clean up the area after the elections. MOTLON by Councilman ritzpatrick to approve the location of the polling place for �dard III, Precinct III at W�sl°Jan Church, 5300 6t.h Street Iv. E. Seconded by Councilwoir��n Kukowski. Upon a voice vote, all vot�iny aye, P1ayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatr�ick td instruct the Administration to mail notice of the new polling place to the residents of ldard 3, Precinct 3. Seconded by Councilwoman Nukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. . Mr. Nick Garaffa asl:ed if a letter of thanks could 4e sent to the Wesleyan Church " for approval of the use of their facilities. PAayor Nee instructed the City Manager to write letters of thanks to Wesleyan Church and also Reserve Supply. NEW BUSINESS: _ . _ _. _._ _ _ __ _ �2 � �' REGULAR COUNCIL P1EETING OF AUGUST 11, 1975 PAGE ;7 CONSIDERATION OF REQUES7 F0� h10NIES FOR INSULATING FIVE HOMES IN fRIDLEY: Mr. Raymond Creegan, Anoka County Council of Economic Opportunity, addressed the ' Council and explained that the program had received some fundiny and woulci have to have the.rnanpower supplied and this manpower wou]d be provided by the County. He �. explained that the program would be conducted in five cities in the County ar' he asked that the City of Fridley contribute a share of $850 for the program to ;a conducted. He said i;his amount would be put to the cost of the acquisition of � materials. Mr. Creegan said they were using the fiyure of .$170 for cost of labor in the average home and this wo��ciconsist of mostly repair t��ork in winterizing. He continued to expiain that the cost of materi-als will range approximately in the area of $120 and this would bring the cost for the average home to �290. The City Manager ' questioned what the �850 frnm the City be applied to. Mr. Creegan commented that this would increase the chances of someone in the City of Fridley receiving help. The City (�anager asked if the City of fr•idley does not contribute, does this mean that no one in the City of Fridley would receive this aid in insulation. Mr. Creegan ' said no. He said this program a�ould be run on a first come and first serve basis to the senior citizens and low inc.ome families. He explained the system where they would like to insulate five hoines in the City of Fridley. � Mayor Nee aid his problem with the proposal is thai the money would be contributed from tax aollars and the program would not be helping everyore in the City. hir. Creegan said he had also thought of this question and answered that this program was recormiended for use of the senior citizens and if no one would apply for the '. program, the money would be turned back Lo the City. The C�ity 1lttorney ouestioned if au.>� opinion had been sought irom the Attorney General concerning the use of tax money or� this basis. Mr. Creegan said hc had not talked to the Attorney General. The City Rttorney �uestioned if it «ould be possible to use 1 . i;ax money to n�al;e private improvements on private property. The City Attorney mentioned that if anyone in the future Yrould want private �iinprovemer�ts, the City Council would have a{�ard time drdwin�� t.he line. ' Councilman Fitzpat��ck a�kFd if there �,�°re matching funds involved and 1�1r. Creegan said no. Council:�:�n Fitzpatrick expressed the view that the matter should be cl�ecYed ��to to determirtie if this would be a legal operation. Councilman E?reider �uest�ioned the latter t°eceived by tfr. Creegan and asked if � contributions would b� reque�ted as ir��ntioned in tf�e.letter. Mr. Creegan ex.plained that the.senior c�itizens �-dauld be able to pay part�ally or fully the costs for such vrork. . ' Counciln�an f�rc�icier asked ho�v the mear 4doulci be estahli�hed or criteria for those vdho are eliyible. (�1r.�Creeqan said �h�;,� p�°ogram wo�!ld be esi:ablished by economic means anc� the Ic;; income senicr cit.izer7 ti^;�o«ld be invo'Ivea. Courcilman Star�r�alt ques',.�!:7n��i the poss-ibi7it,y of some type o-f awareness program � and sa�id t��is rr�a.y be mor�e worth�.4hile than thE�� pro�oszd�program 1n the long rarge. h9r. Crregan said he a�ished he c�u1d do (�oih I:in:!s of pro,ramir�g. Council!nan S±arrtalt asi:ed hok� th� pti°ogra�n E��ould bc p:�blicized to alloi� t:he people � � , to knoi4� it is� �vaila.bt�. P��r�. C�°eegan said thPre I-�as not been any notification to this ti!;-;�, but he �dould Le puttir�g i�otice in tf�ie various newspapei°s in ih� County. Council�•:am:;r Y.u{�ovaski zsked I1GYJ ti�e $170 figure was arrived at. She >aid that her ' home had :�c�cen±ly been ins�.,7ated and �i�� did nc�t ieel tt,a� �his �,�ould covcr the cost of t��e insulation of the attic. Fir. Creegan said tf�e program v;oulc� onl,y cover minor �e{}air v!ork. Mayor Nee again mentioned he would havc soir,� problem in arprov;ng tax money for � � ho�r..� improve�nents. Mr. Cree�an said he would contact th:: Ati;orney General on this question. , 1 \ ' � �' I Councilwoman Kukowski asked if an energy se,�iinar taould be more valuable at this time. Mr. Creegan said a` the present tim°, he did not have any informatior, to provide the Council on this type of progr�.m. Mr. Creegan suggested that the Council not make a decision on the proposal until the cominy week's meeting and he t��ould contact the Attorney General. . MO1"ION by Council�•roman Kukov�ski to table the consideration of the request for the insulution of five homes -in the City of Fridley until 1'�ugust lII, 1975. Seconded hy Councilman Bre�ider. Upon a.voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ _ _ _ PUBLIC HEARIN6 MEETING OF AUGUST 11, 1975 CONSID[RATION OF A PRIMARY ELFCTION: PAGE 8 �ayor Nee mentioned that he had talked to Mr. Thiele and he had said he would with- draw from the election in the first I.dard. 5� The City Attorney said the Council hatl received a letter on tf�is matter and he had determined according to t�linnesota State Statutes 205.03, Subdivision 2, it would not be possible for him to withdraw at this time. He read the section and explained that the period of withdrawal has passed. MOTION by Councilwon�an Kukot•�ski to approve the primary eiection in Ward III for September, 9, 1975. Seconded by Councilmar Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca)°ripd unanimously. f40TI0M by Councilman Breider to approve the primary election in l�!ard I. Seconded by Council�nan Starwalt. Upon a voice vote, Councilrian Greider votinn aye, Councilman Starwalt voting aye, Councilman fitzpatrick abstaini+�a, Playor Nee vot�ng nay, and Council- woman Kukowski voting nay, Mayor Nee declared the MOTIOPJ FAILED. REC[IVING AFFIRPI�TIVE ACTION POLTCY FOR CITY OF FP,InL[Y: The City Manager said he would like the Council to receive and review the policy before it is sent ta �he State. . Councilman Stat� alt asked if the draft included the suggestions made by the State. The City Manager explained that there w�re some changes Nlhich had been their suggestions and some additions from the staff. Mayor PJee said he was impressed with the program and he inay not be specifically sensative t0 lt. Councilman Brcider referred the Council's attention to the section on Grievance Procedure and said he was not sure that the City Council wants to be the review board in the Affirrnative Action Program: 1le said it could come to the point that everyone in the office that did not like the procedure could be coming to the City Council and this shoultl be ta4;en care of by the City Manager. h!e said with the proposal, �f tl�e employee does not agree with the City Manager, they could ceme to the Council. The City t�1anager explained that this was not incluried in the program before, it had been added so t.he Council would be able to be involved in the program if they so desired. I� said there is not any strong fe�ling about this frcm the Administra±ive standpoint. hle said th-s tyj��° of inatter could b� reviewed by the Adm�nistration and if fui°ther action is sought, this could be done t}�rough the State Human Rights Agency. Councilman Breider said it is h�is feeling that this type 4f mai:ter should be handled like union matters zre handled t��ith a professional negoi,iator or mediator. He said if there is a grievance, it should be judged by an outsic;e force. The City t✓�anuger said if this portion of the program is n�t liked' by the Council, it could be deleted. Councilman E3relder said !�e had some con�ments about the sPle-ction of the Affirmative Action Officer. He as6:ed for a definition of the appointment of the Purchasing Agent to the posit�on of ,�ffirn�ative Action Officer. The City f�ianager said there were three reasr.,ns fo.r this derision. The City Manager explained that tl�e City h1anager would adn��ir�ist;,-�i° thc Flffirinative �ction on beha.lfi o{ the City. �the C�ity hianager further explained that prese��tly all of i;his t,ype of arork falls under the duties of the City hlanac�cr. He said the Purchasing ilgent is a r�an �•aho is involved in all different departr�ents and serves all the differ4nt depa�°tmen�s and he is also involved in obtaininq quotes for equipm�nt for th� City. He explained that in the Affirmative Action Program, the City encourages those it deals ��it;h to also have an Affi�°+native Action Program. Ne said the Purci�asing Agent deals with a11 of t.he venders and contractors and has been quite �°easonable in this area. The City �°tanager said if there is a need, he or the Administrative Assistant Gvoi�ld get involved in the process. He suggested that initially, the Cii;y appoint the Purchasing Agent the l�ffirmative Action Officer. The•City Manager felt that they shculd try the progra.m in this man7er and added, he felt it r.ould t,�ork oiaf. v�ith the aid of the C�ty Manager and Administrative Assistant. The City hlanager further explaine:i that the Purchasing Agend has had extensive experience in the personnel fie�d along with the purchasing and he again said this should be tried because oi- the Pui°chasinq Agent's experience and training. The City Manager said he hoped to use the City staff to their fuilest potential and this is why he had . � ' � , , � ,' � ' i,' ' � , ' ;� - ' `� -� . ; ri 4 ' , ' :;�, � � � ' � �I � � �II �U6LIC HEARING MEETIt�G OF AU6UST 11, 1975 �AGE � suggested that the Purchasing Agent along with the Administrative Assistant work on the program. Councilman 6reider asked about the Purchasing Agents back.ground and education. The City Manager said his jab training is through experience rather than through educational background. The City Manager explained that the Furchasing Agent had about 20 years experience in purchasing and perso�nel offices. He said he had worked for a private company and did the personnel work there. The City Manager said the point is really not critical, if he can't handle the program, it can be given to soin�one else. Councilman Breider said hP had assumed that the Adininistrative Assistant would be in charge of the program. He said he felt th� Administrative Assistant would be mo�°e qualified and this would give the City more protection. He saicithrough the Ndministrative Assistant all departinents would be involved. He asked who would do th,e evaluating. Mayor P�ee asked who is taking care of such duti�es at the present time. The City Manager said there are guidelines thut ti�ill be follo��red by all depai°tments. He said the employee evaluation would still be tlone by theindividual's supervisoi°. The City P�1anager said he was concerned about the vendors. Councilman Breider said he did not feel the vendor thing is a valid expression of the logic being used. Council- man ateider said the City couid see how it goes and if anything goPS vlrong, the City will charge this. He said by the tim2 that something goes wrong, it may be too late and the City will have problems with the Fluman Rights Com;�ission. The City h�a��ager said he felt the Purchasing Agert has training in additional areas than ior the work that he is doiny. Ne stressed, he v,�oulii like to use the staff to the fullest range of tf�eir potential. He feli, they should not go in to the program �rithout a posii:ive attii,udc. The City Nanager saiii hc would be reviewing the Purchasing Agent's �vork on ai� Ad�nir,istr°ative level. He said he �,�ould like to see the City do the . besi: possiLle job �r�iit� t.he resour�ces giveR� to them. The C�ity Manager mentioned that in the re.narl; th�i: tfic� Ciiy had received back from the State on the Program, it is one of ti�� best they h�d e�✓er seEn dra�vn up.� Councilman &reider s�ateii th� Pr�gram as laid out ti�ras a fine joh. Fle said he is � more corcc_rne�� abou�t ihe �n��t��ea�at�on �f it. I�e sai�, Y�e is n�t surc t�rhat tne Ac;iiiinistr�ti��e f7„sis�a��t i� bfirg paid for: {le sa�id he thought a li�tle bread and butter 4d��U�Ci b2 desiyn�:ted to this toi° 1"�tll.P.Y' �fldtl han<iling whai. ";i��f; con�es up" � He said he �fe1i having surneene with a Massters degree should �e ,�iven the chai�ce i;o do this (:ind of program. � � � � ' � ' The City Manager said hF ��au�d�lil:e �Co us� everyone's ta,len�s to ths �fulles�. Fie sa.id he did i�ei, ��u�� the �Acfni�nistrativ2 Assistan±�to be d��i,ig day hy c?ay fo,�n�s and report filing Ne said he would like i_o �,se Y�er �alent vd��er,� it is rnos�; neln{'u1 and her basic resi�- onsibility is to ti,e Cii:;� ��:anager. � � Councilma.�� Breider sa�id he fel�t the ptirogram could b� -implemented by the �,dir�inisti°ati��e Assista��t �:r�d i��ie Cif�.,y ��ana�7er coordinating ti7e �roo�ram. � I�e sa7d I�e feli the Admin�istra- ti ve l�.s�s�t��nt� has ir�re I:no:v7 ecJge to dea.l wi th the Depart-meni. Heads than i;he Purci�iasi ny � Agc�nt has gaincd expericnce i.hrough buying p�ri:s far ;;f�e City. The Cit;• h"anagei° saicl al l he is �rying to say is that tV�e Administr•a+:.ive /lssistant has tal ei��t� ard he s?oul d 3 i ke to use her i n i;hese areas vahere she is +�ost sui ted and not have her tiooged dov,n vrith day to �'��,y work. (Icsa��! �h��re ai°e at,��i scver� di � Pere�it. for�ns i.hat iiave to Ue filled eut unc.ti° this pi°oc;ram. lie said ii th�te is a speciPic pr�ble�7, the t�urc(�asing Rgcnt can rely er� her resourcc�. The City h�ar�ager said th� Purchasing Agent can coi��ul� arith the F;�,ninist�°ative (��sistGnt or i:he City planager. Ccurcilman �reider again mentioned he tno�annt tnat tnP ,!�dministrati.��e Assistar�;t.sli�uld be the O�ficer with the Purchasing Flgent her assistant. He said the City Manager's Office has tivo secretaries and he sairJ h�_� tf�ougf�t th,�y �vould be vtry c.�pable in filling out the for•ir,s. Councilman Si;arv.alt said he urderstood a�!iat �vas bein; s�id and he ag��ed to this in most cases. Hesaid he accepted the City Pianayer's opiiiion and jucigement and assumed it was the best. Cc�uncilman Starvralt said he �vould like to ask the question in anotliei° way and said if Mr. Petcr Herlofsky vras still the Fldministrative Assistant, would the program be run in the same manner. � � �, . RUBLIC NEARIPJG MEETING OF AUGUST 11, 1975 PAGE 1C �J Mayor Nee said what is currently being discussed is the basic documentation of the� program, not the memo from the City Manager concerning the implementation. Mayor Nee said it seemed that the City P1anager did not want to tie up his Administrative Assistant on this kind of thing. Mayor Nee asked if Mr. Peter Herlofsky were still a�ith the City, who would be assigned the Officer. The City Manager said if he was her�, he would h�ave made the same decision. He said the City has many very qualified people. He mentioned if the City P1anager's Office took on such duties, they would be another operating department arid he doubted if this was the Council's desire. Councilman Starwalt asked if the Purchasing Agent that the City currently employed was not employed by the City who would be apointed. The City t�anager explained that he wauld try to find someone with purchasing and personnel experience. He mentioned there are many people available that would meet this kind o` need and criteria. Councilman Starwalt said he did not feel the Courcil vaas in a position to say the f?urchasing �,qent v�ill I�e in his position forever. Councilman areider asked Mr. Nick Garaffa if he had ever experienced this type of situation at Univac. P1r. Garaffa sa�d this would always be two separate deparments. Mr. Scott said these two things would be separate in all businesses and cities of some size. Mr. Garaffa asked how much time the Purchasing Agent would have to spend on the Program. He asked if he had the time available. Mr. Garaffa said he frankly did not think the Purchasing Age.nt could do the two jobs. Councilman Breider said he felt the t�^�o jobs were very much separate. Fle said he may be good at buying parts, but questioned if he would be good at the other program. The City Manager said the Affirmative Action Officer would not do 100% of the work, there are three people involved. tle said if the City Council Gvanted to change the names this could be done, but the �vork ��ould not change. He recalled when they were in the process of hiring the Adminis�;rative Assistant they had discussed that the person in the position would not get into the supervisory role of the existing depart.ments., Councilman areider said he was not sure•that this was goin9 to vdork. He asked the City Manager who the Purchasing ,Ag�nt reports to and the City t�1anager said to the City Manager. . MOTI0�1 by Councilman Stai^�1�alt to �°ece�ve the Affirmative Action Prograin. Seconded by Councilwomun Kukoa�s!�i.� Upori a uoice vote, all voting aye> Mayor tJee declared the moticn carried unanimously. Mr. Qill Scott said ih�e tluman Resaurces Commission 4��ould have someopinion about the Program. t;e said their role in tliis type of revie�,�! is not clear. He said they were currently looking for sor;�e guidelines from the Cii:y Council on f�ow they should get involved. Ne r��entior.�:�.-1 the members of the Commission had mentioned that they had not presented as rouch inr>>,:t as they t�rould have liked to Lave on the Affirr�ative A,ct,ion Program. He said the Ca�T�?�ission had r�ot beenasked to review the plan, but a copy of the Pr�3E%osal had fal?en into thcir hands. Mr. Scott said the proposal doeso.m,r,ly��vith the let*er of the la�v��, but.som� improvements could be made in the pragram itself. Ne said after he Viad discussed the proposal with the City Manager, he felt that at this time �he proposal shauld be �ut through. He said the Commission would not want tc atten�pt to delay ihe document. 4ir. Scott said it is ��;ell written, even if ii; just complies 4•dith the law. Mr. Scott said the leasi: experienced per�son in the Human Rights Depari.ment had revieti-led the Pragram. He again asked For soine �uildelines from the City Council. Mr. Scott addressed the question of the apointment of the Officer and said he thoughi tfie Officer should be at the hiyhest possible level and this will keep the management in tune. ' ' Mayor Nee asked Mr. Scott if he G•ao��ld like ti�e program referred to his Commissian. P1r. Scott said the Ccnanissian is pi°epared io review it, but they do not ��ant to hoid it up any longer than ii; has been dela;�ed at the present time. lie said they were looking for sorie directiori from ti�e Council. P1ayor �r'�e said h^r. Scott had mentioned that the spirit of the Program was lacking and he asked if the Cornmission could put it there. .Mr. Scott saicl he fclt ii; could be included. He n�entioned the language to be in compliance with the la��r only and some programs say the operation vaould not do business with a person at all ifi they•do.not have a pragram. He said there is no mention of different life styles such as the homosexual. He questioned what if this type of � � 56 � � - . � �� . � • � � � ' PUBLIC HEARING PdEETING OF AUGUST 11, 1975 PAGE 11 ' � • situation confronted the City, would it open a pandora's box. He said the Commission review would delay the adoption of the program. • . Mayor Nee asked if the State �-,nuld comment on this type of deficiency. Mr. Scott said tl-�eir corro�nent will be in compj?ance with the program. The City Manager said the document is getting close to a final draft and ho�efuTl,/, they will approve it. ` Coui�cilwoman Kukowski asked if the proposal could be sent to both the State and the Human Resources Commission. The City Manager said after it is adopted by the State � it would be very diffic!ilt to change. • Mr. SGott again asked for direction and said how tiaould the Council like the Commission 1 to act on matters. Co�ancilman Breider said he felt the Human Resources Commission would be a good group to review the program. Mayor t�ee said there ;s a conflict in the City Charter vrhich states that the Commission advises the City Council, not the Administration. Councilman Qreider said the Commission could review the goa?s Und see if they are good ' goals. Councilman �itzpatrick asked Mr. Scott if he woulu like the Program to progress? Mr. Scott said there has already been a great deal of procrastination. He said the City does not have any type of program. Mr. Scott said the Com�nission could live with the current proposal.. He again mentioned that the Commission is prepared to comment. He said the people from the old group of the tiuman Relations Comsnit+;ee said they did not ' get a chance to cor�iicnt and i:he new rnembers had not ``me to gain a thorought under- standing of the matier. Councilman Star�vait mentioned some compromise could be reached in that the Program could be-sent to the State and copies to the Commission for revie�•t and amencments for the coming year. Mr. Scott mentioned that some Commission members had recei��ed ca11s from City employees. He said they were not trying to infringe on management and they did not want to hold up the adoptia�� of the Program. He said. they �vould like to define some iter�s. He said all of the secr�etaries in the City employment are female, there are no inales. He mentioned many men are ti°�ined in service to do clerical work. He also mentioned there are no female police officers and questioned v:hy all of the einployees are in traditional roles. He said-the Co�r,mission Naeuld ?ike to ;et into the process; they feel left out. T�1r. Scott said no cn e represented the emplay�ees. He said sirce the rec.ent seminars, the Comn�ission has cor;ie to know the people from the State and also the people froi�i the City and they vrould l�ike so;r.�e nuide�nce on their roles for the future. Mr. GarUfia said h� believe<l 'chey sr�ould k5e eareful to roc over analyze the pi°ogra.m. He sa i d tht ��ropos�� l meets tf�,e spi ri i: ofi t,�a l ati•r and the progr°a�i� i s ju�t gett i rg started, fle fe'� �it morr� sec��iar�s are addc�! wiiiio��t rt�!1?y understandii�g what :U:��e � issues arF, the Comn�iss�icn�c�uid bog do�.�n the efiectiveness of ihe P�°ogr�,m. He said he tl�oughi: t.hey �vrere pul:ting ti�e ho��se befot�e tne� cart: and the adopt�ion af the Affirmat�ive Actior Prog�r-am would say th� Ci�Ly is moving for�ti�r�rd. Mr. Garaffa said he felt t"�° cr�teria to ciet a{,rograr,, i}��it.ie,t2d rather than.hcl,i it up any lonoer. P1r. Scott sa.i� this is �h° s�:r-�se oP th�e Corr�,rission righ; ni;Yz�. Mayor Nee said thc City Co�ncil is proV3ibi�ted i'rom d�bbling in personr:el ma�t�rs by the City Churter. Mayor ';ee slic! I�ie �+as very iit�pi°PSSe� by the F'rogram. Ne m�n'��i�ned rr�?��be he is noi very discerr�in�a Mayor N��e s: ; d�I��e rnat+�cr 4�r�ou1 r� cci��e b� ck t.o tlle Cou,?�;i 1 tl�e i ol 1 owi n, week for � consideration o�f the reso;ution oi� ac;u�.�,_iu�� s� �it car be sE��nt i�.o the Stute. RESOLUT?OPi t�a0. 16`>-1175 - DTRECTING THE i�;;GRAR.4TI0f1 OF t�,SSESSPi�P�T ROLI_ FOi� SAWI"tARY SEI�IER ith!') � i U„��h S`;=R It1('IZOb��•1CN� PPOJEC"i�� (d0. 113: ---- -- ----- The Public ldorks Director explainfd the improvement and the area io be in Old Central �to relieve t!�i2 Innsbruck IJcrth 7c�rnhouse and aparimen�t area. Mayor Ptee asked if the whole area �;�v�.�ld be ass��s�d. The Public tdorks Director expiained that tlie developer will pay one nalf and the other costs will ccme froin the utility fund. Pdayor Nee said �-�hen th•� people come in to the Public Hearing, the Ccuncil will tell them that it does not c�,st tf�em anything: The City t,anager said this vrould depend on what typ� of agreen;eni: they have with tl�e developer. Councilman Qreider asked w�io the.bill would be �ent to and the City ��ianager said to the �roperty o��rner. , MOTION b� Co��ncilman Breider to adopt Resoltation No. 1f5-1975. Sea�i��ded by Council�-�nman Kukowski. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimc,�usly. . _ __. _ � � � � � i � � Z � s a � s < s f 0 PUBLIC HEARING MEETING OF AUGUST 11, 1975 PAGE 12 J7 RESOLUTION N0. 166-1975 - DIRECTING THE PUEtICATION OF HEARING P�OTICE ON PROPOSED ASSESSP1EN7 ROLL FOR SANITARY SEWER AND STO�f4 SEtti'ER IMPROVEMENT PROJECT N0. 113: MOTION by Councilman Starwalt to adopt Resolution No. 166-1975. Seconded by Council- wdman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • RESOLUTION N0. 167-1575 - DIRECTING PREPARATION OF FINAL ASSESSM�NT ROLL FOR IMPROVEMENT PROJECT 1975 SERVICE CONNECTIONS: MOTION by Councilman Breider to adopt �tesolution P�o. 167-1975. Seconded by Council- woman Kukowski. Upon a voice vote, al�l voting ayc, t�layor �dee declared the motion carried unanimously. RESOLUTION IdO. 168-1975 - DIRECTING THE PUELICATIOtJ OF HEARING Oh PROPOSED ASSESSMENT ROLL I=OR 1975 SERVICE CO��NECi—I01�S: h10TI0N by Councilman Fitzpatrick to adopt Resolution No. 168-1975. Seconded by Council- man Qreider. Upona voice vote, all voting aye, N�ayor hee declared the motion carried unanir��cusly. R[SCLUTIOPi tv0. 169-i9�5 - CONFIRf"IF;G ASSESSP9EA�7 FOR bJATER SAf�ITARY SEWER AND �TORP4 SEbJER Ih'PP,OVE(�1EP�T PPOJEC7 N0. 116c • MOTION by Councilman Star�•�alt to adopt Reso�utieii No. 169-1975. Seconded by Council- won�an Kukowski. Upon a voice vote, a1i votiny aye, Mayor Nee dec2ared the motian carri:,d unanimously. CONSIDER.�TIO(� COfdCFRNING PROJECT #114 AMD A. J. CHR011Y CONSTRUCTION COMPANY: 7he City P1anag�r explained that the contractoi� is reluctart to complete the impirovements for the projec±. MOTION by Co w�cilman Breider to auihorize�tl;e Adr;inistration to negotiate wltfi other co+.�tr��c`ars to complete the woi°6; on ?roject �f114. Seconded by Council�,,�oman Ku{;owski. , Upor a vo?ce vote, all votin� ay4, tiayor P1ee declared the motion carried unanimously. ALJO!!;;�;i�1::NT: .. P�10TIGt, by Coui�cilwor�:an Yukc±�ski io aajourn the meet�ing. Seconded by Councilr:ian Breider. � t!j�,ori a v�ir,e vote, all voting aye,�N�yor Nee declar�ec; the motion carried unanimous1y and thc Fub�lic Hea�°�ng f'�1ee�ing of t(i� Fridley Gity Coun�:il of August 11, 1975 adjourned at 10:13 P.f�i. ��" f. � •'r fA us!`i:��xr zr.r.�J �_�/ -.. -.� `.� r.� 'J Pat Ranstrom William J. Nee Secretary to the Ciry Council t�ayor Date Adapted � 1 0 I. � � ' r � , ' � { ' , � � FRIDLEY CITY CO�NCIL P�JEETING � 'PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: �� NAME ADDRESS ITEM NUMBER ----------------------------------------------------------- ---- --------------- ---------------- -------------------------------------------- ----� ---� � -�,.�.e- �_..,Pi� � % � �� . ii . � 6:� - �� /�l-� (�% 1v� �. � ✓ �� , �� q4�i� t�i� / 6 � �� l� //6 � S' � . AJ� �. /�`� '' � . %% v. � :.� � .� ,.�' �, .� , z � � ►� , � ri � n�.� ,� -� � _ i��o - ��s� ��I �,�.�� a/ �� .—�— � - . �. /�/�—} %�� /�1- 2.,� T�� _-� � � �� ri �� 3�� - E�. � `�y� �'a��a� al 7�h��J'��,� � � ,� - �. ��o �.��. R�. i 7 � � 7 T�' ��/ ��s'� � ��. '%�' ��-� c� I � �2 �9'" l�� I� C �G� i� n FRII7LEY .CITY .COUi'�CIL ��-� PU�3LI�C i�cARIidG �1�CTIir'� � AUGUST li, �1975 PLEDGE OF ALLEG IA�VCE : R�LL C�'�LL : Allt�PT I Oi� OF rlGtivt�A ;. P�7BLIC HEARIyGS: PUBLIC HEARIi�G ON PROPOSED FINAL ASSESSMENT �OLL FOR %�RTER, SANITARY �EWER AND STORM SEWER �MPROVEMENT PROJECT NO � �.io � � � � � � � � � � � , . � � � � � � . � � � � 1 — 1 � � PUBLIC i�EARING OfV VACATION REQUEST BY L� tiENSER, � SAV �I5-1i4, ALL.EY I N I�LOCK 4, SP}2I NG t�RQOK PARK . • ADD I T I 0 N � � �� . � �. .�. � � �. � ., � . . . � � � � . � . � . � . Z - 1 P � 0 �� PU�LIC �i�AR�iJG P�ittT��dG, AUGiJST lI, 1�75 . . PAGE 2 0 PUBLIC HEFiRI�-fGS CCONTI�NUED) PUBLIC NEARING QN VACATION REQUEST BY M� MCFARLAND, SAV �75-06, aiiEY. 90 6�TH Y�AY �� E � , . � . . . � . � , . . 3 - 3 B OLD 3US I i+1ESS : � CONSIDERATIOi� OF POLLING PLACt FOR I"�ARD 5, PRECINCT � �FROM h�EETI NG OF AUGUST 4, Ig%�) � � � . � � � . � � � � . � � 4 - 4 A � ��', ��S 1 i��ss : . . CONSIDERATIOy OF REQUEST FOR N�ONIES FOR INSULATING FIVE riOMES IN FRIDLEY� � � , , � � � � � � . . � � � � . � � S 0 0 PU:dLIC HEARIiJG 1�1tET��JG�,� AUGUST 11,� �975 � PA�E 5 I�E�V� �US I i�ES� �CONT I NUED) • . .. . . .. .. _ . .. _ . . .. . . _ .. . .. . _ _ . � . . . . . . . . . . . . . . . . .. CONSIDERATION OF PRIMARY ELECTIOfV . � . � , . � � � � � . . �6 RECE I VI NG AFF�I RP�IATI VE ACTI ON POLI CY FOR CI TY OF FRIi]LEY .-� .%—% I� 0 CONSIDERATION OF A RESOLUTION �IRECTI�JG THE PREPARATION .OF ASSESSMENT ROLL FOR JANITARY SEWER AN1� STORM SEWER IMPROVEMEiVT PROJECT i�0 , 11� � � � � � � � � � '. � � � � � � � H C�NSIDERATIOfV OF A RESOLUTION ilIRECTIN6 THE PUBLICATION OF HEARIPdGON PRUPOSED ASSESSMEfJT ROLL FOR SANITARY SEWER AND STORM SEWER IMPROVEMENT FROJECT 1Y0. 113. ��.. �. 9' 9 A PU�L'LI C H EAR I�dG f�ItET � idG,� AiI�iUST _ ll,� 1�75 � PAGE 4 �.�E� ��S l iytss iCONT I NUED) � CONSI�ERATION OF A RESOLUTION i�IRECTING THE PREPARATI Ofv OF A FI (v'AL. aSSESSMENT ROLL FOR IMPROVEMEiVT PROJECT I.�%S SERVICE CONfJECTIOyS� � � � . � � � � � � � � � IO CONSIDERATION OF A RESOLUTION �IRECTING THE PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1��5 SERVICE �ONNECTIONS � � , � � , . � � , � � , , , , � , � � � � . , , 11 .— 11 A � CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT • FOR ��ATER, SAyITARY SEWER AND_STORM SEWER IMPROVEMENT PROJECT� i�o. 116 , , , , , , , , , , , , , , , , , , , , , , , 12 — 12 A ADJOUR�� : � 0 1 � . � . I�, � � � � � � � � � � � � MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL �FROM: SUBJECT: DATE: MARVIN C. BRUNSELL, ASSISTANT CITY MANAGER/ FINANCE DIRECTOR FINAL ASSESSMENT ROLL FOR WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 AUGUST 6, 1975 Water, Sanitary Sewer, and Storm Sewer Improvement Project No. 116 involves the installation of water and sanitary sewer laterals and servTCes and storm sewer in a portion of the Great Northern Indus- trial Center. . . Attached is a letter from the Burlington-Northern Railway Company, making suggestions as to the spreading of assessments for this improvement project, as they are liable for the payment of all assessments involveu. A brief summary of the-assessment rates for each portion of the improvement follows: WATER AND SEWER LATERALS AND SERVICES � Original Roll--Prepared as requested in the communication from the Burlington-Northern Railway Company The assessment rate for the water lateral is $9.72 per foot and the cost for one water service is $324.21. The assessment rate for the sewer lateral is $11.55 per foot and the cost for one sewer service is $388.52. , Alternate Roll--Excludinq Lot 9, Block 1, and part of Lot 1, Block 2, Parcel 1Q5, as they were not included in the Preliminary Est�mate. The assessment rate for the water lateral is $12.41 per foot and the cost for.one water service is $324.21. The assessment rate for the sewer lateral is $14.75 per foot and the cost for one sewer service is $388.52. � STORM SEWER � � The assessment rate for the storm sewer is $7.39 per 100 square feet of area. � MCB ps � � 1 - � . , I ,� � CITY QF FRIDLEY ANOKA COUNTY, MINNES07A " NOTICE OF HEARING OF ASSESSMENT FOR 4JATER, SANITARY SEWER, AND STORM SEWER IM- PROVEMENT PROJECT N0. 116 � � Notice is hereby given that the Council of the City of Fridley will meet at the City Hall in said City on the llth day of August , 1975, at 7:30 o'clock P.M., to hear and pass upon a11 objections, if any, to �he proposed assessments in respect to the following improvement, to-wit: WATER, SANTTARY SEWER, AND STORM SEWER IMPROUEMENT PROJECT N0. 116 The proposed assessment roll for each of said improvements is now on file and � open to public inspection by a11 persons interested, in the office of the Clerk of said City. � � At said hearing the Council wi11 consider writt�� or oral objections to the proposed assessments for each of said improvements. - The general nature of the improvements and each of them is the construct�on of water and sanitary sewer mains, laterals, service connections, storm sewer and _ � drainage facilities and related appurtenances to serve the following properties: The remainder of the Great Northern Industrial Park Plat located in the southeast quadrant of'Tnterstate Highway No. 694 and East River Road�. The area proposed to be assessed for said improvements and each of them is�all that land benefited by said improvements or each of them and lying within the general area above noted. : Said improvements will be assessed against the properties within the above � noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. ' A property owner may appeal an assessment to the district court by serving notice of appeal upon the City Mayor or Clerk wTthin twenty (20) days�after � adoption of the assessment and filing such notice with the district court � within ten (10) days after service upon the Mayor or Clerk. � DATED THIS DAY OF , 1975, BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. � ' ATTEST: I � � CITY CLERK Marvin C.'Brunsell MAYOR William J. Nee Publish: Fridley Edition on July 23 and July 30, 1975 ��o v--.-.� . . L,.� �� . � '�,,:, ,!�,�},� BURLINGTON NORTHERN �.::: ``r.fi��' � ' PROPERTY TAX DEPARTMENT ' � � Jul� 2�s 1:77 �fr. �ias� Rareshi, Cit;� P•iaxt��,�x 6'�31 UzaivQ.�s#.�� Av�nue Fr�cll�y,, �2inn�sota �5�32 �1� �'+��'. QU3'�3�1�; 176 East Fifth Street St. Paul, Minnesota 55101 Telephone (G12) 227-0911 R�a'e=er.c�, is ��d� -io �r,� S�oz�s Se�rer, C-later �.�d �a.ni�a�,y Se�,�er ��:prov�rsent �'�-o� �c� Tdo. I.].� i.n f.Y�e Gr�a � Ii��r� Indus��j.a7. C�n�e�- �� -ialey, As the Buxlin�-�on I�axuhwxn aec��uested th� i.c��pxc��zer��nts aa�� w5.11 be 1�.a'c►�.e fo.� �,.a pw;�-cie�� ax �ie asaL�s�en�� invalv�ds we wfluld ap��eci4�� zt zi the a�ses;�:aEnt� e��aei be spxE�d as �'olI.or�rs ; . . . S�r��(� sJ4I'{aI� J�i+'�i4U V�jC.�.�.St� �,�J4 L} �.7,Aa •.�g J-71/L .i� 1i31.l.�V \�^! 6, BIIt. 7, an3 �,ots ]. �.nd 2, �1�. 3. �7i,�cu:��iors� u�;,n yaur ci�y en�i.��x ?ndi::�.te l.:t.tt34 0� r:o �dd�t,;.ona�. S't,OZ'T:t SE.'3Jt?x° C.i'i:f�� c},3'tiC�1UT2 SvOU�..L3. �3� YIc^8u.t'C� �',CX �'c.1C.�I.j.'(',�'E�' I,ot l, 331. :. 7�.�1u' T.o� �., �3I1c. b'. . Saritaxy �etr�r �.��aci �;t�i.�r ,n�a�:3 �-r��ixis� �,ai-. ?, �32.k. Z; I,�� 1.' '13J.I:. 2; �t l� BLk. �y Lo�� 2 t�t"ott�;�t �y �l?,:. 7 �� 3N� �� .i.)J.Ll• �. i��ti�� J-J�v 9� ?3ALi• 1 c1..+�11 iN4 1� jj��w 2•�►er� izo� S.ncluaed i��l the pre2i�ina;y he�xin�, they . b��e�i4 ;;'r� t?�e i�.�rpt�o;w�27� less the �50� u�Ioyra.nce �i.v'en �,s corner lo�� , Shou?d those lot.; e:��x be divided and s�ld in leNs tz�� t:�eir en�ix�ty, th�;� woulcl ?iava ta� x�ce�.v� �ew?r and :r�.tcr service �r�a t::e n`:vly co��r�acted li��s. 0 �r A�'�er� t��e z�sse��Ei2L� ure spre�d., wx�.3. you fur�i^h Me the assess� ment3 a.11ccat�d to e;�cn o�? the above �OyJ � T sincex�l,y a�px�ca.ate . y�ar tzttention on t}iis �at��r. Yours very trul,-, , . � -��.� ,�- �� /� L . a � : /.% � I.� /�.. • . . H: A. I;xtud�en %�"-� D�rector rz�ope ��;s�� - � J7-IH: kj cc : r.Lr. bizrti•i Herr:��nn . City Assz ;jaox - Ci.i:fC �,a�/l� . Fr�dle�I • �i��np•70V1i i��/ OFFICIAL NOTICE CITY OF FRIDLEY PUQLIC HEARING BE�ORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: � Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, Augusi 11, 1975 in the Council Chamber at 7:.:,0 P.M. for the consideration of the following matter: Consideration of a Vacation request, SAV #75-04, by Leonard Benser, to vacate the 12 foot alley. in Block 4, Spring Brook Park Addition, that lies between Ashton Avenue N.E. and the railroad tracks, all lying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between Longfellow Street N.E. and 79th Way N.E. � � Anyone desiring to be heard with reference to the above matter will be heard at this meeting. ` Publ i sh.: July .23, 1975 July 30, 1975 � WILLIAM J. NEE MAYOR .2 -� �'� '� 1_ �.rL! l�l. �--l--J�l� � --� � � � � . i�a_�:, �: �: ,,.,,. •�N- ' �. --1— �f I �...,._ ;.> „ � ,;,� o{ � ; � � ' '' �:�.� �� _� �I� �� .<<� 1 i � , I .��. � ,.I., '� �� i I � I w�� ''�,; ;l5 10.!7 '?,t�� ,.��_1..1 ;} � � i � ' -,a <- :,,.,xl� �?�;3 .c.�;�;; � ��9,�,,�r1�9 �,. � ... q . Zi��.l'Ji 2✓�j �z5 ^/� i, : I I I � ! I_�� ' �� ,.', � , �,, � • _ . ' � �' � � �• I � �� AI ` �� I 1 'I I i /' �I � � � . . ,'. \' �_.� , � �..�- - +. • • o 'o C" ..... C ;,.� :'.:=� \�� -'j1 , � 4 JJ i?i,�.��.l.� . . , 1 � v ��` \ � t / �---- /v > - . -- ' ! •—� j �� `",�- �i 1 V' V i 70 • . ' �� l �r.� t1��!,� � t I � �j \I' a `�\ , ' I.�� . . i + 4 I . _ I . ! � � 30 l`\ ti 2�'1 '� . , �,. 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' S ,,� � D �O f� �5� . � `..-:�\ •,�� "' � �`� �' q�s3 � • ' _ 'J . - �� ' �, �,�3 �,v,�1 SAV ��75 �4, LEONARD BENSER � �� ''.��, ti ;�c Vacate alley in Block 4, 4 ;� � ,,�:�� j�r• � hE ,;,, c r.�-,.Y� co, rx S rin arook Park Addi tion � ti \�� ,,.�, . �s";� t;: ;�� .9� p . 9 ;� •., `� �'' / �� ;Y .,�j_ � i � � . . �� ; . � �.3 � ,. •S � �`�� 1 '�`I, • � ; '� �. . 'r`' �!' �� . � �: �^ •i. �� ' � ` `J \ ,. • . 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I 1 � �� , . � , • � �� . t ' �'1�� \ \ f � f . .` �' t :'', ��/ ' ' � ` ..� � . w t ' ! % .. • -� . ��O i( . \ � � /! ll'1 � . r•�t �` � Plannin2g Commission Meeting - June 25 1975 Pa9e 4 : 2 B � Chairrnan Ilarris said that as no one had any other comments to make on this �, request, it would be in order to close the Public Hearing, and determine if they were for or against this request, or to table the item. MOTZON by Driqans, seconded by Peterson, that the Planning Commission continue the Public fl�arinq on.the request for. a special use permit, SP #i75-06, by G. E. Gilbert, until Ju1y 9, Z975. Upon a ro11 call vote, Drigans and Peterson voting aye, and Lindblad and Harris voting nay, the h10TIO�V F'AILED. Mr. Drigans said that perhaps the pet��tioner didn't realize that he should appear for th�is meeting. Mr. Clark said��re�had been sent an agenda for this meeting. MOTION BY NDBZ,AD, that the P1a.�'iing Commission close the Public Hearing on the request for a s cial use permit, SP #75-06, by C. E. Gilbert. THE MOTION DTED for lack of a second� /_ . Mr. Peterson said that.,Mr.�Gilbert did pay the fee for a Special Use Permit and as we do not know the reaso�'he was not ir� attendence at this meeting, it would be common courtes� to continue�this request until the wishes of the petitioner were known. / � � .. 1��OTION by Drigans, s�canded by°'Peterson, askinq f��r reconsideration of tl:e motion to continue the Public Heaxing until July 9, �975. The vote remained the same, so the MOTION FAI Z'D. � .• � '� ' was the nlic to continue any request where Mr. L�ndblad sa�d he knew it p Y the petitioner did n�t�appear, but he felt this was creating a hardship for the interested parties ho did attend the meeting to�ask them to come to another meeting of the Planning Co mission. � �\ Mr. Clark aid he would excuse himself and try�to contact the petitioner to see why he t�vas ot here. tJhen he returned to the meeting, he said the petitior.er had forgotten he meeting, but he was on his way to the meeting now. MOTION BY Peterson, seconded by Lindblad, that the Planning Commission table the request for a Special Use Permit, SP #75-.06, by C. E. Gilbert, until the petitioner appeared at the meetinq. Upon a voice vote,�.a11 votinq aye, the motion carried unani- n�ousl y . 2. CONSIDERATION OF A VACATION REQUEST: SAU #75-04/ BY LEONARD QENSON: Vacate the 12 foot alley in alock 4, Spring �-ob:--Park Addition, located be��reen Ashton Avenue and the railroad tracks, so the existing gardens and fences would not have to be ren�oved from this alley. - Mr. Leonard 6enson was present. • - Mr. Drigans asked Mr. Benson what type of fence was in the alley easement. . � Mr. Benson said he had a chain link fence, and he also had a garden. Mr. 8enson said there u�as another fence that was kitty-corner from his fence that extended into the alley also. .Ne said one other neighbor had had a fence in the alley ease- ment, but he has already moved his fence back. • .�Mr. Dr.igans asked Mr. Qenson if he had a survey of his property at the time the fence was put in. Mr. Benson said that he did. Mr. Drigans asked him why he put � the fence in the alley then. Mr. Benson said he thought the alley had already been vacated..� � � 0 2C 0 Planninq Connnission Meeting - June 25, 1975 Page 5 Mr. Langenfeld asked Mr. Benson if he had received any complaints on this fence from the neighbors? Mr. Qenson,said he had not. .� Mr. Benson said.he had a petition from the neighbors who were in favor of this request. ' - MQTXON by Peterson, seconded by Lindblad, that the Plenning Commission receivo the petition in favor of vacation request, SAV �f75-05, by Leonard Benson, (Petition 15-1975) which was signed by eight property�owners in B1ock 4, Spring Brook Park Addition. Upon a voice.vote, a11 voting aye, the motion carried unanimously. Mr.. Harris said there was a petition in their agenda that was against the vacating of this alley. MOTION by Peterson, seconded by Lindblad, that the PZanning Commission receive the petition against: tl�e vacation request, SAV #75-05, by Leonard Benson, (Petition - 26-1975) which was signed by sever� property owners in Block 4, Spring Brook Park Addition. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Benson said that if this alley wasn't vacated, we could have traffic on this alley and snowmobiles could use it also. He said they have had a problem of small thievery in the neighborhood, and if this area was open, he thought this sort�of thing would be encouraged. This was why he wanted this area fenced, and keep the traffic on the street. Ne said that all the garages face the street so • no one needed the alley to get into their garage. Mrs. Cyril Paulson, 131 79th t,lay N.E., said that they couldn't get into the-ir back yard if this alley �vas vacated without taking their front yard fence down. She sa.id there 4�aere other people on Longfellow that couldn't get their recreational vehicles into their back yard without t�iis a11ey, because there wasn't enough room between the house�s, and these vehicles can't be left on the street. �� Mr. Stephen Pogreba, 190 Lo�ngfellow Street, and Mr. James Roberts, 121 79th Way N.E. said they had signed both petitions. They had signed the petition against the alley vacation first, and then had changed their minds, and were both in favor of the alley vacation now. Chairman Harris asked them if they wanted their names � removed from the petition against the vacation and they said they did. That left five names of property owners on the petition No. 16-1675 against the vacation. , . Mr. Clark said that if this alley.was vacated, the City would have to retain a utility and drainage easernent on the 12 feet. _ r Mrs. Judy Welch, 144 Longfellow Street N.E., said she had circulated the petition against the alley vacation (petition i6-1975), but it was not their intention to ever ask that this alley be improved. She said they wanted it left as it was, just grass ' and an open area. She said that they owned a recreational vehicle and they would not be able io get this into the back yard if the alley was vacated; and this vehicle couldn't be parked in.the street either. , i. Mr. Benson .said he had talked to neighbors in Block 4, and two people who have recreational vehicles could get to their property in the rear yard even if the alley � was vacated. There ��rould only be one who had signed thepetition against the vacation ,' .�who would not be able i;o get their recreational vehicle into the back yard if Lne . alley was�vacated, who wouldn't have an alternate access to his rear yard. � ' �Mr. Langenfeld said that Mtr.� Qenson�had stated that he had received no complaints � � � � ' . 2� �� ' Pa e 6 Plannin Commission Meetin - June 25, 1975 from the neighbors.on his fence, but tonight we are hearing some. How did this come to the attention of the City? Was it a complairit? Mr. Clark said they do not have the staff to go out an check infr�i,ngements into alley easements, and only do so when there was a complaint. He said the Engineering Department had received the complaint, so he was not involved in it. . Chairman Harris said the Planning Commission had received twoletters on this request. One was from Richard Rush, 3619 Janssen Avenue North, Chicago, who stated th�t he was in opposition to the vacation request, and he owns Lots 11 and 12, [31ock 4, Spring arook Park, and a letter from Mr. & Mrs. Eugene Pett, 176 l.ongfellow Street, who state that they have signed the petition against the vacation, but were unable to attend this meeting and they need the alley easement so they can get a 21 foot recreational vehicle into their back yard. MOTION BI' Drigans, seconded by Peterson, that the Planning Commission receive the Ietters from R3chard Rush and Mr. & Mrs. Eugene Pett in opposition to the vacation request, SAV #75-04, by Leonard Bensc+,�. Upon a voice vote, a11 voting aye, the mo�ion carried unanimously. . Mr. Drigans said this-would make 6 property owners in oppos3;tion to the va.cation request and 8 in favor af the r.equest. �There were.17 proper.ty owners in the block. Mr. Benson said that if this alley easement was used by recreational vehicles 1 and pick-up campers, it would cut up all the grass in the easement. � �� , ' ' Mr. Langenfeldnersehave tolpay fortthat�heNir11Clarknsaid�theylwoul�the adjacent property ow Mr. Peterson asked Mr. Clark if there were any restrictions on this alley which was neither vacated nor improved. He said that it seemed eve�°yone in this a11ey had sodded this area, and could someone com� in there with a heavy vehicle and tear it all up, and just leave it in that condition? He asked if.there were no�regulations governing this? It would seem to him that in this particular instance, the people in this area want to have their cake and eat it too. He said that if he were a property owner in this area, and someone drove on this unimproved alley that �he had sodded, and tore it all up, he wouldn't appreciate it. He said the use that peopl� want to make of this alley almost demands an improved alley. Mr. Clark said that the City doesn't maintain.unimpr�ved alleys,. and if it was being maintained, it was by individual property owners. He said that if someone tore up this portion of maintained alley easement so the property owner couldn't cut it, he didn't.know what would happen, as we have had not had a situation like this before. He said that apparently the alley has been used this way, and he didn't know if this had caused a problem or not. Mr. Roberts, 121 79th�Way, saidHeesaid lived their three years and he had never seen any traffic on this alley.. that Northern States Power Company doesn't even drive on this alley easement. They work. from the street. � Mrs. Paulson said that Northern States Power Company had used this alley about 15 years ago, but that was when there was very little development in this area. �� Mr. Clark said they usually didn't have such a division on whether an alley should be vacated or not. He said tiiat about 15 years ago, in Plymouth Addition, there was division, and the Council vacated half of the aTley, and left the other Planning Commission Meetin� - June 25, 1975 � Page � half open, but there were people using the alley for access to their gara.ges, in this par�icular instance. � 2� ;� . Mr. Langenfeld asked Mr. Benson if he knew he was violating the City Code . when he extended this fence into the alley easement. Mr. Qenson said he thought " the alley had already been vacated because alleys in the biocks around them were ., _ vacated. Mr. Drigans asked Mr. Benson if he installed this fence himself. Mr. Benson said that he had. Mr. Langenfeld asked if anyone in the audience had changed their opinion dur.ing the discussion. There was no response. Mr. Drigans said there was enough opposition to vacating this alley so that he didn`t feel they couid recommend approvai of this request. He said it would take time to reconstruct the fences, so he thought the people with fences and gardens in this easement should be given a time period to comply to the Code. Mr. Drigans asked how many gardens were involved. Mr. Benson said ihat there were two. Mr. Drigans said he thought most of the gardens should just about be through by September 15th. Chairman asked Bc� Schroer who was in the audience, if this was correct. Mr. Schroer said everything should be done by October lst,!anyway, in the gardens. Mrs. Paulson, 131 79th Way N.E., said that Mr. Benson had one of the most beautiful gardens she had every seen, and although she was against the alley being vacated, she said it would be a shame to make him tear out this garden until after the growing season. Mr. Drigans asked Mr. Benson what kind of garden he had. Mr. Benson indicated that it was a large vegetable garden and he had intended using the fence to grow cucumbers on. h1rs. Paulson said she was sure that every neighbor ��ould feel that Mr. Benson should be allowed to let his garden grow until the end of the season. � � . MOTION by Drigans, seconded by Peterson, that the Planning Corr�mission recommend to Council denial of the vacation request, SAV #75-04, by Leonard Benson, tb vacate the 12 foot a11e� in 131ock 4, Sprinq Brook Park Addition, located between Ashton Avenue and the railroad tracks, because of the apposition of six adjacent property owners, but that the property owners who have fences and gardens in th.�s a11ey easement be given until Septemb�r �5, 1975 to relocated their fences and remove the gardens. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. C. E. Gilbert arrived at th� meeting. MOTION by Dr.igans, seconded b Lindb.Iad, that the request for a Sp�cial Use Per.mit, Sp #75-06, by C. E. Gilber be removed from the table. Upon a uoi.ce vote, a11 voting aye, Chairm�� Harris r mov.ed it from the table at 9:20'P.M. Cha:irman Harris exp� ined to the petitioner that this item had been tabled to give him a chance to be�e�a d. • ' Mr. Gilbert said he haci b n holding an indoor flea market for three years. He said this usally closed up 4y the end of May. He said it was the policy of a fle'a market to set up outside, in the sum�mer time, so he approached Mr. Mortenson with this request, and Mr. Mortenso 'said he ha�no objection. � ' would.ex iain the nature of a flea market. , Mr. Langenfeld as�ed Mr. Gilbert is he p Mr. Gilbert said that the people who set up booths or tables are called dealer.s. They.pay a$3.00 fee to set up in the market. They sell antiquQS, items from estate � � . 1 . � 1 � CITY OF FRLDLEY I � � ' ' . PETITIUN COVER SHEET r. Petition No. 16-1975 � Date Received July 1, 1975 � Object Prope rty owners are in o osit.ion to the vacation of an alley � easement between 79th '�lay and Lonqfellow Street Northeast and � . " � from Ashton Avenue to Burlinqton Northern right-of-way � • Petition Checked By . Date � ,. , Percent Signing G�. . /7 ��µ,� � .�`�. � Referred to Ci[y Council � � rDisposition r . . _. � . ,� . , � �� . .. �� . � . �� . � � . i � . - � � � 2F �' � , . May, 22, �1975 � 2G ' 1 . . Ule �he unde��s.�gned pn.anenty awne�c� cvice �,n v o�-i.t.c.on �U vaca�i.ng �he ak,2ey e.a�emen� be,tween �9�12 Glay an��ng aw S�cee.t N�nthe.a�,� I'I' and bnam A�h,ian Avenue �a Bcvc.P.i.ng�on No�r,�heJc.v� yr,i.gG�t-o�-way. ' �!e wou,ed .�i.lze �h,i.a �1wpe�r�y .�e�� apen bon pu6.P.i..e acce.aa. ; ' GI e,e .i,t .us vetc .im �jc�a��i �� .�eave �G�,i� �nv�en.ty apen a� an aeee,�� , e 5 e y 1� ��an 64.i.he� and lu(�e�c� av�d .v� a.da�eh p�.a.Ce ��}c. ctu,ednev� �a c.�e. � T� �h,us pn.a�e�y ,us vaea�ed, cG�i;2dtcen wau,P.d be �aneed .�wta cus�,ng� �he �5�cee,t arc ecit,ti.ng �hnaugh u.n{�ev�eed ycvcc�. NAM� A�'DRESS . . � � C �� _ ,,� � C ' �� . ,, 1 �� ,�: .� /I� o D,..�_ �. �i . �'" ` dr �J . . � �. . , j � • ,-y.X� W� , 1 _�, �, - ��,f��,,,� � - ��' �;'2,� � �' i .� � . �- � ��- / f - �� - � = ' � . . �-�� --,,-- - �- r� � . � � - , ��., �� _ � � - :� _ . - - , ��- � - � � ; ,�A : ��_ � , � �� . � �; � ' 1 � � ' ' �� - � �� .�.-�-��,1 �oo (�D� c�� l� � �1 � . ** The,ae rycapetr�y vwv�e� c�sa awn nerhea,t.i:ana,� veh.�.e2e�5 �hcc� mu�� 6e d�aned .�rt �he bacFi ycucda av�d �he�r.e .i� na o�he�'c way o{� aeee�s�s. The above .a�,gv�c�cvice�s nepne�en� 70% o� �he homeawr�e�c.� ad1aeev� �o �he pnope�r,ty .in que��on. Mr. & Mrs. Steve Pogreba and Mr. & Mrs. James Roberts asked to have their names removed from this petition against the vacation. They have signed a petition .in favor of �he va.cation. �-�o'�� JS` � CITY OF FRIDLEY PETITIUN CGVER SHEET Petition No. 15-1975 Date Received JUIy 1, 1975 ob�ect Prope rty owners are in favor of vacating the 12 foot alley in • Block 4, Spring -Brook Park Addition (SAV #75-04j�'"� � Petition Checked By . , Percent Szgning � �^�� Referred to City Council Di.sposition / 7 .�,,, Date 2H � N . ^ . . � � � � �. � - v�L� � c;.��. -- %� . , . . , _ . . . �.. . � . l � �-�� _��,��%�� .; ��.�.��, � �� _c .t. ,/r�v�� . �, � G G--. . ;,��,�Q ,E�-k��rL ,��;�, /.� ` � G?� �., � ,C�,.�j�. � .� � ��-� ✓��/�.,. � � � �� . ��L��z��°.�� .� � �,� ��;-.�� ..�� .�.�..-� . . �� . �� . ��: � ,ir / 1�� . �� ,�-�- �� F�•-'�G�� ( �G� . . . ' ✓ •� �/ . . / � ' J �� +�`�� • . . � � - .. . . - � � +c%'a� � � . . . , I , � � �� 4� � " �/ 2 �._ . � /'V ' , . 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G�� %�� ` � _ �Q-,L�—, ,�i �,+�J �.Lc!k� `�-�—�'=C*� ,/� '� �%�% � G%� _/.�%�, e'L�Z�' �a� ...GI�G� ,.G�J �,e%LGa��/ . `�i ''""`' - _ `� � � � i lL�� d�� • _ _ _ _ _ _ _ _ _ � � , - - 0 2J . . �z� �v � � i�l �-�"`�`�' _ � � � . ��;��r:.� -�3�?�� L?��P�i .�o-Gc�� -2��'��-z� .�� ..�.��. �- z��-��= � ��`� � � � � �� ,. � ,�_ ��h.2� �� .�� = ��u� � � �� _ _ _ -_ _ _ . __ _. �,,��6Z��ZL� �/i�G �'. ��rL��_ ,.,e� .�G-��-��-� /��j 2V�..° � . V_ ° G!'K' . ��'.`.. `� - �/ , .. .. . . . . � f / ��° �� .�.,� ��.-� �L � ,iC"�-�� L�'' �'y��'--� �� --�```'�" ��,�r �i ' �G.-� � f G'�-�� "�� r�'�� ' _ ` ��/' � �/ / g �,�r�-`�?�=z�6� � _ �/6/G"�G�. �!/��-��GL'� �� .�-e�-�t�' c�C.� _ / % , � � E'i s'��2 � .�,L-�IZ.2�a-� :�1�' � ?�-'� ��`�` - , _, �, � �,�'��-� 6� �' c� ` _ _ _ _ _ _ __ _ --_ _ _ ___ ___ _ � _ . c�%�"" � }��-� ,� L�'�� ,.,�G��-� - - � • /�� /�� ,� �.t�-��p�� . �� s � _ Ll'/ �� , * � �� _ _ ��z��-� ��-- �z . / ��.�J�C�� '' _. . _ _ _ _ _ __ _ _f . ____ _ _ _. _ __ _ _ _ _ _ _ . _ - __ _ . . _ _ _ L-,G��s"" � L� � - _ _ -. _ �%� �L�iPi�Gc� � __ � ��,� _ __ _ _ _ _ � 9��tR_ � ��-�=�� --- ' __ _ � . _. _ _ __.__ . __ _ _ 2K I� � 1, � . � � � � � .. � �� 1 1 � �e � c. ��C �S' -� �c�..r� �-,b ( t �.� t �. �►� � �� C.� r�- �� . . � �� Po�.r �,. ,A �. � ��1, �.. ��r� �� c�� , � ' � . . ��►�. � �� c� �� l� ��; �-. �1. a� � . . � G �,� �� a 6��. 1 . 2L 0 . �_=----- �� . . PLANNING COP��IISSION t�1EETING ' . CALL TO ORDER: � � CITY OF FRIDLEY JULY �23�, 1975 Chairman Narris called the meeting to order at 7:35 P.M. � ROLL CALL: Members Present: Scott, Bergman, Harris, Drigans, Langenfe1d Members� Absent: Peterson . Others Present: Jerrold Boardman,�PT.anning Assistant � AD�PTION OF RGENDA � 2 r� . . PAGE 1 . ' � MOTION b� Dxigans, seconded by Bergman, th�� i:h'e agenda be adopted as ` , presented.with the change that Billboards be adc.�d as item 6 and goals and . objectives be moved to it�m 7. Upon a voice vote,=a7J voting aye� �l�e ayenda. was adopted as amended. • . ' •, APPROVE PLAPdNIPdG COP1MISSION MINUTES: JUNE 25, 1975 - ' • • MOTION by Drigai�s, seconded b� Langenfeld that i:lze minutes of i:he June 25, 3975 , Planning Comm.ission meetznq be approved as written. Upon a voice �rote, a1I vot•ing a�e, the motion caxried ur�animous�y.. �' � �� ' �� .� �. . � RECEIVE VERBATIM MINU7ES OF SAV #75- PLANN I NG CO^1P�1I5S I ON MI NUTES AND RECOP4MEND GHANGES TO 'fH_E JUNE 25, 197 Mr. Drigans said t{�at af�er read:ing the verba�im m�inutes of this vacation request, SAV #75-04, by Leonard Benson, tfiat his vote would not change� He arould still vote for denial. I-te said he thought that i� anyone on the {'lanning Commission felt there �ras something they wanted to add after reading the verbatim minutes that would enforce their decision to deny thi�s reques�t, thase comments coulci be made at this time. He said that as far as he was cancerned, i;.here was some doubt in his minci that Mr. Benson �vasn`t aware that he was in vi�lation o�f an ordinance when he fenced the alley easement. Mrs, tJelch siated �hat her.f��sband had �ald hir. 8enson tha� the Welch's weren't putting there fence in the alley because it hadn't been vacated,.and this should have caused Mr. Sensor� to at least check_with the City before �e assumed that the alley had been vacated. Mr. Drigans said that there were adjacent property owners who wanted the aliey left open, so there was enough opposil;ion to make the motion for denial almost mandatory. � � Mr. Harris said it would be in order to amend the verbatim minutes with a motion to receive the petition in opposition to the vacati.on. .. . • MOTION by Langenfeld, secondec� by Drigans, that the Plannzng Commi::sion recezve the petition against the vacation request, SAV #75-0�, by Leonard Benson, (Petii:ion 15-I975) which was siqned by seven.property owners in BZock 4, Spring Brook�Park Add.ition. Upon a voice vote, a11 votinq aye, the. motion carried unanimous.t�. I��TIdN by Drigans �hat the Planning Commission stil2 recommend dcrrial of the vacation request, SAV i175-04, by•Leonard Benson, with the stipulatior� that �he fence be removed at the end of the growinq season about the middle of September. � � � � � � 2 r� , / Planninq Commission Meeting - July 23, 1975 � Paqe 2 � Mr. Scott said there was discussion with Mr. �ob Schroer'that the gardens . would he all done by the lst of October: " . Mr. Drigans amended his mo�ion to state that the fence should be ,removed by ,, October 2st, the end of the growing season. Mr. Scott th�n seconded the motion. . • � Upon a voice vote, a11 voting aye, the motion carried unanimausl�� '� MOTION by Bergman, seconded by Langenfeld, tha� the Pl:anning Commissian r.eceive the verbatim minutes of 5AV #75-04, by Leonard Benson, from i:he June 25, 1975 meetiny. Upon a.voice vote, a11 voting aye, t1�e morzon carried unan.i.mau��ly. RECEIVE LETTER FROM HARVEY E. 5KAAR, ATTORNEY FOR THOSE IN FAVOR OF VACATION REQUEST, SAV n75-04, BY LEONARD 6ENSON, DATED JULY 7, 1975. . MOTION by Langenfeld, seconded by Drigans, that the PZa��na.ng Co�nmissian z•ec�'.�ve the letter from Harvey E. Skaar_, attorney far those in favor of var.a�ion reguest,_ SAV #75-04, by Leonard �?ensan, dated, Ju1y 7, 1975. Upon a vvice vater a1.1 uui:�.r�g aye� the motion carried unanimously. : . APPROVE PCANf�TNG COf�1MISSION MINUTES: JULY 9, 1975 . • Mr. Drigans asked if there vras a copy �f' the resa1ution prepareci or� the Shoreland Management Act that was available to i:he Planninq Commission. Mr.. [3oardmar► distributed copies of the resolution. � Mr. Harris said that he attended the PubTic Hearing on �he Shoreland Management Act, alang with Counciln�an Fitzpatrick and Jerro1d Boardman. Mr. said tha� Mr.. . Boardman read the reso�ution at this Public Hear�ng. He said the Departmen�: oi� Natural Resources explained�their interpretation af the rules. He said �;here ��rere people speaking both for and against this proposal. Ne saicf t�hat �he feedback he bad gotten after the meeting was that th�y e�:pected more resporise than� they had - gotten, and he had expected more respo�se himselfi.. Mr. Baardman said �here may be more r�sponse because ihey are leaving this , open until August 5, 1975. . '. � � Mr. Drigans asked if they felt our community had any valid points in our resolution? Mr. Harris said they took it under advisement. Mr. Harris asked Mr. Boardman if he had gotten the documents they.h�ad asked ior? Mr. Boardman'said he didn't have them as yet. Mr. Harris said that he should make a point of getting.those documents because it seemed as though they are relying on the City of Fridley for their documentati�on. � Mr. Boardman said the main point �•�as that we would be allowed to grant variances on this Act, but he couldn't see setting up an ordinance that would have'to be�varied. He felt it a�ould be better to set up an ordinance, if they would allow us the leeway, that could be administered without variances. � Mr. Scott said that he thought Jerry Boardman should be commende�S for the preparation of �he r�solution in such a short time �pd��the comprehens�ve nature of it and its general content to reflect .the feeling of the Planning C�ommission. Ne said it was his�opiriion that Mr. Qoardman did an outstanding job in this case. Mr. liarris said his effort was appreciated. � 'Mr. Scott said he had made a point of or�der in the discussion on the time of 5 • . , • . ' � �HARVEY E. SKAAR CRAIG M. MERTZ � , , HARVEY E. SKAAR ATTORNEY AT LAW . MINNEAPOLIS, MINNfSOTA 55402 July 7, 1975 City of Fridley Civic Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Vacation Request SAV#75-04 Dear Council Members: 20 1900 FIRST hiA710iVAL BANK DUILDfNG � AREA CODE 812 TELEPHONE 33$-956g , , This office represents Mr. and Mrs. Leonard Benser, Mr. and Mrs. James Roberts, Mr. and Mrs. Charles F1oer, and Mr. and Mrs. Marvin Breiland, all of whom own property on Block 4, � Spring Park Addition. Our clients have reviewed the minutes of the June 25, 1975 meeting ' of the Planning Commission, which, in an informal public hearing, considered the above matter, and our clients note several inadequacies � in those minutes. . ' � On behalf of the above named�citizen, we respectfu2ly request that the Planning Commission be directed to amend said minutes to reflect the following: � . 1) That Mr. James R. Roberts, 121-79th Way N.E. told the Commission that the opening of the alley in question would be a hazard ta children in that it would be difficult for parents to watch for both front�yard traffic and back yard traffic. 2) That Mr. Leonard Benser, 154 Longfellow N.E. told the Commission that the opening of said a11ey to vehicular traffic, would a. markedly increase neighborhood noise because of back yard snowmobile and motar cycle noise. . � . � b. Necessitate the establishment of a Cul de Sac because-of the narrowness �� of the right of way. � ' , , �. �� ' �. 1 ,City of Fridley July 7, 1975 page two ' � , 1 � . Tncrease taxes because of the need to finance a11ey c • , improvements by special assessment. � � �. It is our position that the above described additions must be made in order that said minute accurately reflect the full scope of � testimony received by the Commission at its June 25, 1975 meeting. � Very truly yoars, � • r_ yi. . w�._.�.- � �,.�"'i.. �_ /`��L--k----c...�- � � CRATG M. MERTZ, ATTORNEY ■ CMM:sh 2� 0 Date Received CITY OF FRIDLEY PETITIUN COVER SHEET August 11, 1975 Petition No.: 17-1975 object Property owners in Block Four, Spring Brook Park Addition request the vacation of that portion of the 12 foot pub1ic alley which lies westerly of the Great Northern/Pacific Northern Railroad � right-of-way. Petition Checked By . Date Percent Signing Referred to City Council Disposition 0 � 0 L � � - � . . � �� ..�. PETTTION TO PARTII�LLY VACATE ALLEY (SAV 75-04) TO: FRIDLEY CITY COUNCIL: . � � The undersigned, a11 being owners of lots in "Block Four, Spring Brook Park Addition, Anoka Count}", do hereby peti.tion the City Council for the vacation of that portion of the I2-foot public alley which lies Westerly of �:e Great North�rn/Pacific Northern Rail.road right-af-way in said Block. �� Signed this � day of. �� , �975 • __c! �' . - . CZ2 �-G Y � ` �'��-�t_C�rLI . , -i�-i� '� ` �"'1�/� ' . ' ' . , ' PETITION TO PARTIALLY VACATE ALLEY (SAV 75-04) � TO: FRIDLEY CITY COUNCIL: , ' The undersigned, all being owners of lots in "Block Four, �' Spring Brook Park Addition, Anoka County", do hereby petition the City Council for the vacation of that portion of the 12-foot public ' alley which"lies Westerly of the Great Northern/Pacific Northern ' � RailrDad right-of-way in said Block. � ' - � Signed this f �, f � day of ✓ � , 1975 . ' ' '. __ __ -_-. ' , ' � , ' ' � ' ' . ' ' . � ,! � t'� 1t.,, _ �t? ,D�l�?�� _.�.. T '.r'r�'L ". _ . - PETITION TO PARTIALLY VACATE ALLEY ' (SAV 75-04) TO: Fi2IDLEY CITY COUNCIL: We, the undersigned,.all being owners o� lots in "Block Four, Spring Brook Park Addition, Anoka County:',. do hereby petition the City Council for the vacation of that portion of the 12-foot public alley which lies Westerly of the Great Northern/Pacific Northern Railroad right-of-way in said Block. . Signed this o?3 day of �, 1975. . _�%�� L L'� - %��-�-��.��.� . �, - �1 T PETITION TO PARTIALLY VACATE ALLEY (SAV 75-04) TO: FRIDLEY CITY COUNCIL: We, the undersigned, all being owners of lots in "Block Four, Spring Brook Park Addition, Anoka County", do hereby petition the City Council for the vacation of that portion of the 12-foot public alley which lies Westerly of the Great Northern/Pacific Northern Railroad right-of-way in said Block. • Signed this o� 3 day of , 1975. / , .L�- � /-�� — / � _ � � , �� ./�- ��.. .r 1 0 PETITION TO PARTIALLY VACATE ALLEY (SAV 75-04) TO: FI2IDLEY CITY COUNCIL: � �We, t'he undersigned,.all being owners of lots in "Block Four, Spring Brook Park Addition, Anoka County",. do hereby petition the City Council for the vacation of that portion of the 12-foot public alley which lies �'esterly of the Great Northern/Pacific Northern Railroad right-of-way in said Bloc}c. . . _ �� ' Signed this � day of , i�,�� , 1975. . , - , �� Q . � ��?�� Q I� / C/ ��/`-� � • !V L� ��to ��f1� ' . . , , . �� . ' �� 1 i 1 '1 �! PETITION T� PARTIALLY VACATE ALLEY (SAV 75-04) TO: FRIDLEY CITY COUNCIL: We, the undersigned, all being,owners of lots in "Block Four, Spring Brook Park Addition, Anoka County", do hereby petition the City Council for the vacation of that portion of the 12-foot public alley which lies Westerly of the Great Northern/Pacific Northern Railroad right-of-way in said Block. - Signed this _�� day of •�% , 1975. � / �. � � �.� ��. _�� - ��r� `�� . a PETITION TO PARTIALLY VACATE ALLEY • � (SAV 75-04) TO: FRIDLEY CITY COUNCIL: �We, the undersigned, all being owners of lots in "Block Four, Spring Brook Park Additipn, Anoka County",, do hereby petition the City Council for the vacation of that portion of the 12-foot public alZey which lies Westerly of the Great Northern/Pacific Northern Rai-lroad right-of-way in said Block. , . Signed this '�� day of �i,.C-��_, 1975. . _ �/ ,��-�-t-� . c � �j��C.i� �i��C.�-�--� . , �, �� . �..�f�c�l � ' - �1l' l� � � .� _�' � �'�- �c.� �i � r I ' PETITION TO PARTIALLY VP,CATE ALLEY (SAV 75-04) TO: FRIDLEY CITY COUNCIL: : � We, the undersigned, all being owners of lots in "Block Four, Spring Brook Park Addition, Anoka County", do hereby petition the City Council for the vacation of that portion of the 12-foot public alley which lies Westerly of the Great Northern/Pacific Northern Railroad right-of-way in said Block. • Signed this �.l day of , 1975. ��,A A L , _SL/ (�°./�'� � I '� f /"� G !�) ni � � � O ' `�' � � � � . �. . S i � ,r.r/� . �'� ,� ��...� � ,-`r ' ' 1 � . . . . . • OFFICIAL NOTICE CITY OF. FRIDLEY PURLIC HEARING BEFORE THE CITY COUNCIL TO WHOh1 IT P�AY COfdCERN : Notice is hereby given that th�ere will be a Public Nearing of the City Council of �he City of Fridley in the City Hall at 6431 University �lrenue Northeast on Monday, August 11, 1975 in the Council Chamber at 7:30 P.M, for the consideration of the follo��ing mat.ter: Consideration of a Vacation request, SAV #75-06, � by Michael T. McFarland, to vacate the 12 foot. undeveloped alley in Block 15, Fridley Park Addition, � . all lying in. the South Half of Section 15, T-30, R-24,'City of Fridley, County of Anoka, Minnesota. � Generally located between East River Road and the railroad tracks and between 63 1/2 Way N.E. and , 64th Way N.E. � Anyone desiring to be heard with reference to the above matter will be heard at this meeting. . � Publish: July�23, 1975 July 30, 1975 WILLIAM J. 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S. •� 4 � � y � �� I w /yI �. �, � � \\`, +1� .� !� a ' �' . � 4. • . � . �� ; i* *� �s •,t .•s � ., . `� ,� � /d 9 I 8 7 6 S ,� a � 1I�. iJ � � .� •r��'.t. 3B Planning Commission Meeting - June 25, 1975 Page 10 MOTION by Pcterson, seconded by Lindblad, that the Planninc� Commission continue antil Ju1y 23, 1975, thc vacation request, SAV t175-D5, by Richard Kok, to reduce the drainage and utility easement from 6 feet to 0 feet on the South side of Lot 6, B3ock 1, C1ark's.Addition, the same being 6417 McKinley Street N.E. Upon a voice vote, aI1 votin'g aye, the motion carried unanimously. � , 4. CONSIDERATION 0� A VACATION REQUEST, SAV #75-06, by MICHAEL MCFARLAND: Vacate the 12 foot undeveloped alley �n Block 15, Fr�dley Park Addition, . to allow the petitioner to erect a fence that would include the alley, the � same being 98 64th ��Jay N.E. Mr. Michael McFarland was present. Mr. McFarland said that this was an undeveloped alley that was heavily wooded. It was just a collector of dead leaves and was very unsightly. He said it had been used as a depository for junk, and it was completely impassable. He said he was new to the area, and he wanted to clarify his lot lines, and as he lived on the corner of East River Road, he wo�ld like the privacy of a fence, aizd it would keep peop;�� from cutting through his yard. If the Planning.Commission wasn't agreeable to the enti_re alley being vacated, he would still l�ke the alley adjacent to his property vacated. � Mrs. Jerry Lowe 39 63 1/2 Way N.E. said they were in favor of this vacation request. � , - � Mr. Fiarris asked about-the people who were across the alley from Mr. McFarland's � property. �� Mr. Langenfeld sa�d he.lived across the a71ey, and he wanted the alley vacated also. He said this alley was used as a junk yard, and he wanted to eliminate that problem. He said most of the people in this block have maintained the property that � r was alley easement. He said no one had•a fence �n.the alley, but people would like to fence the alley easement, if it was vacated. � � � ' I , � ' Mildred King, 71 63 1/2 Way N.E., said she was in favor of the vac��on:�r_equest. Mr. Lavern Dornbusch, 40 64th Way N.E, said he was favor of the vacation request also. . . . Mr._Clark said that if the Planning Commission was going to recommend approval of this request, they should stipulate that a drainage and utility easement be retained in the vacated alley. He said the petitioner and Mr. Langenfeld were right when they said this alley easement had been a catch-ali. He said it would be impossib�e for the City to �ever improve this alley, because they couldn't cut down the trees. - MOTION BY Peterson, seconded by Drigans, that the P1ann.ing Commission recommend to Council approval of the vacation request, SAV #75-06, by Michael McFarland, to . vacate the 12 foot undeveloped a11ey in I31ock 15, Fridley Park Addition, to a11ow the petitioner to erect a fence that would include the a11ey, the same being 98 64th Way N.E. with the stipulation that a drainage and utility easement be retained in the vacated 12 foot a11ey. Upon a voice vote, a11 'voting aye, the motion carried unanimously. • , 0 � •- �� , d CITY OF FRIDLEY M E M 0 R A N D U M T0: NASIM M. QURESHI , CITY MA�VAGER, AfdD CITY COUNCIL FROM: MARIIIP� C. BRUNSELL, ASST, CITY 1�JGR./FIN. DIR. SUBJECT: POLLING PLACE FOR WARD 3, PRECINC7 3 DATE: AUGUST 3, 1975 We have checked with the Idesleyan Church, 53�Q - 6th Street 'Northeas.t, and they are-agreeable to letting the City use the Church for a polling place for Ward 3, Precinct 3. I have sent a letter requesting.tneir teni:a�tive approval for the City's use. • MCB:sh 4 - . l ; �1 __�1i ��I i� (�Il' )�� II 1 � ,,, � ; �-' �� ' � _ _ _ �` q a ' e• .)f 1 '� .._ ' ,' ' _l , :�� '�,�� :t: O�RE ,�� ry '1� ..,. �� '..`.� ' � 6 ... , ; ;;'.' � �� '� � �� I ' , ._... I. �II � , r, , . ... . ,. �,y •:� ... � � i i u , � r ��/ �' � „ ..�o � _ , �� , , /j� � . � rr,c � �� .�,� � � � „ � � �;I, _ I, ,{I�� _. ) i r,� o � :. _..�,I ... . . o � � � � , I � r.:`'' �,✓� ', ,.. ��r�l�i� i i ' I 1�_i��_J�. :1'� :..... �, ; %� ..� -; .. ,� _ ,., I_ ^ �:�-�_� r / f .. � , ii . . 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I:;��z�.: _.I1.'.1�n,,.*._�52. o„�.:: �;�:� v .............�... ._,.�., ° ��:� , , .,.,�.,. .e. � .� :;:;::. ,,.... ,. o-� :��' :.'; :'�.:�,:: � , .,.._ .• . .. � .-. I � i,; �.,. � , �,�,,.�..,. . �r...... ., i ,� s 1 A..1 Mt rt.l �i.•., C-1 . . ;t ,' �� 1' ;� �-- C I�" Y C� � � r- �- ^ i �.00 �� b a t_.. �:.� �: ;�� . � �lii . . "" , . � ; _ . � � ! }. �"j' �"'�i �� r ij'� _ . �..� � � ' E. '� .�.s� i� ;1 � �,�:� !l couvrv . ; -- ,; ` �r.;.. �,,i 1� ( � t�l� I MYI!!0� MM�� 1969 IM�KN CT' ( �O ��K't0 Rf� 1�yy � . ,. , CnT (NO1Ntt11 ""��"�. , �.....h�..'_ .. _.1 :Oun.� �.�;�. . •• l l D. _ �........ .� .... .. .... , ..._. ."'` f ..... ...�........... .............. .... (IIY . MINNt�%111! • . � � � � GITY UI iN10LCY CNOINC[NINO DEVAqTMENt • i n11N1.�. S(:AI.F __... . .. _..- . . • . . . 0 1/-0 I/:: 3/A I M 1 L E � F 1 n . 2 n 3 _ _ n. ..��_ . �1 � .� _ __ . �� 21-4760 - Ext. 236 ANO�{A COUNTY Mr. Nc�sim Qu�:reshi �City of Fridley 6�.31 University Ave. Fridley, MN 55432 Dear Mr. Quereshi:. r COUNCIL OF ECONOMIC �PP�RTUNIZ A C0.4t.MUN/TY ACTION PROCRAM . Courthouse, Anoka, Minn. 55303 July -+- i "`� r( / Our agency has received a total of �3�.0$ from the Go�rnor's �ffice of �conomic �Jppor�ur� �ty far �he purpase of instituting an energy progx•am which wou°ld, in some way, cut down on the cos� of energy< �:Cn order to receive -�his money, w� have ha�. to provide some type oi' local. match. The count�r has b�en kind enough to allacate �3,OQ0 �vorth o� employee t3me. Qux� plan is to bu�T insulation. supplies wz.tll .f. ederal. money and to use county empol.yees to instal�_�heae supplies initiall,y in the i�omes of coun�Ly seni�r cit�..zens. . 5 The only requests we.would make of those famzlies would Ue:� 1) Th�,t they have the po�ential o.f making vol�untary._contribu�;ions for �t:he . _-- supplies 2� That they provide us_ ��rithi�nfor�a.ata.on conc�rnin their � -- --- _. _ _ -- - � current h�ating. bill and �their heating bill; a year from not�a So tk�at: we have aome ici.ea of wriat, if any��ori�yy--has been saved.o � I am sure you realize that $31�.0$ vJill not ga very fa:r� towarc�s the creatioz, of an energy programe � I have estimated i;hat the averag� cost to insulate a house ��1i11 b� approxirnat el�r. $l'70. This means that t�e shou_Ld be able to insulate 20 area houses. ��ha�(:� � am suggesting ta vaz iaus communities throughout the county :i.s that they p-rova.de us a small arnount of cash, to aug�zment the a.nitial �;rant. Tz� the case af Fridley .th:i, .figure would amount to $$50 (to insulate 5 Yiouses). This money wou'ld be � used to�tally for Frid_ley resid�nts. �- S tvould be gratef_ul if you would consider funding �his proposal �as it is my feeling that many disadvan�taged are undergoing severe economic strain in order to pay �,heir heating bills. � would �ladly try to an-s��rer any c�uestions the council members may have. T appreeiate your tirne and consicieration. Sincerely �'��-�-�.� A . ' I f . `'`�( Raymond A. Creegan Executive Director � Eliminating Poverty Benejits Everyone .) ' . � . ' �. � � � � � , �. ' CITY OF FRTDLEY MEMORANDUM T0: NASINI M. QURESHI, CI.TY MANAGER, AND CITY COUNCIL FROM: MARIIIN C. BRlJfdSELL, AS.ST. CITY N1GR./FIPd. DI.R. SUBJECT; PRIM.ARY ELECTION DATE: AUGUST 7, 1975 0 Section 4.03 of the City Charter requires that when four or more file for the office of Mayor or Council there shall.be a primary � election, and when three or- more candidates file for an office the Council m� hold a primary elect9on. - The filings for Ward I and Ward III closed at 5:00 p.m. on Wednesday, � August 6, 1975; the filings were as.follows: WARD I. � Nicholas Garaffa, Jr., 6750 Monroe Street Northeast Edward L. Hamernik, 6740 Monroe Street fdortheast � David A. Thiele, 7300 Tempo Terrace �dortheast WARD I I I Edward J. Fitzpatrick, 5273 Horizon Drive Larry Hamer, 41 - 66 2 Way yortheast James H. Langenfeld, 79 - 632 Way Northeast �, Benedict L. Ho, 112 Glen Creek Road There is a possibility other cities in Anoka County will be holding prim�ry elections. They will be holding their elections on Tuesday, September 9, 197:i. It would be to the City's advantage to hold a primary election at the same time, as the cost for the Anoka County services would be divided between those cities holding primary elections. P�CB : s h L�J � 1 � � . i � �. � � � MEMO T0: FROM: DATE: RE: OFFICE OF THE CITY MANAGER FRIDLEY, MIi�NESOTA THE HONORABLE MAYOR AND CITY COUNCIL CITY MANAGER AUGUST 7, 1975 AFFIRMATIVE ACTION PROGRAM 0 - This Affirmative Action Program was developed by the City staff to comply with Minnesota Statute 363.03. Its purpose is to provide effective personnel practices through the insurance that all segments of society have an opportunity to enter public service on the basis of open competition and�advance according to individual relative ability. � I have appointed the City's Purchasing Agent, Mr. Gordon Middag; the Affirmative Action Officer.for the City of Fridley. He will be conducting the program on my behalf with-�the aid of the Administrative Assistant. He may be contacted at the Fridley Civic Center, 6431 University Avenue v. E., Fridley, Minnesota, Phone 571-3450, exten- sion 53. ' I submit the Affirmative Action Program for your review. After action by the City Council, the document will go the Minnesota State Department of Human Rights for their review and approval. Thank you. � � " NMQ/JKL/ms Attachment 7 � � , � � L. J � � � � � �J � , , � � � CITY OF FRIDLEY AFFIRMATIVE ACTION PROGRAM I. DEFINTTION OF AFFIRMATIUE ACTION , Affirmative action is a detailed analysis, by job classification, of the present utilization of personnel and an articulation of deficiencies in regard to the employment of protected classes. An affirmative action program is a very specific, aggressive and pragmatic plan to change and/or remedy any manage- ment practices which have had the effect of producing inequities in the employ- ment process. �, Affirmative action is specifically directed at the effects of management practices rather than at the motives or intent behind these practices. Inequi- ties in the employment process, or discrimination, have been interpreted by the Supreme Court, as being "...the consequences of employment practices not the motivation. Therefore, the relevant consideration is whether the effect of a particular practice is to exclude a disproportionate number of persons in a statutorily protected class. If so, the practice is proscribed, absent a showing of business necessity." Affirmative action signifies a positive, continuing resuit oriented program developed by an employer to assure meaningful employment opportunities to all segments of the community from which its personnel is drawn. It requires the aggressive identification and elimination of those barriers which have had the effect, however unintentional, of denying equal employment opportunities to protected class members. In addition, specific goals and timetables for the employment of inembers of protected classes must be formulated and these g'oals and timetables must be realistic•and achievable. A goal (unlike a quota)°is a numerical objective, fixed realistically in terms of the number of vacancies,expected, and the number of qualified appli- cants available in the relevant job market. Thus, if through no fault of the employer, there are fewer vacancies than expected, there is no need for sanction. The employer is not expected to displace existing employees or to hire unneeded employees to meet the goal. Similarly, if the employer has demonstrated every�� good faith effort to include persons from the group which was the object of dis- crimination into the group being considered for selection, but has been unable to do so in sufficient numbers to meet.the goal, the employer is not subject to sanction. � Under a system of goals, therefore, an employer is never required to hire_a person who does not have qualifications needed to perform the job successfully; and an employer is never required to hire such an unqualified person in.prefer- ence to another applicant who is qualified; nor is an employer required to hire a less qualified person in preference to a better qualified person, provided that the qualifications used to make such relative judgments realistically measure the person's ability to do the job in question, or other jobs to which -1- 7 �A ' � , . � �� the �ndividuai �s iikeTy to progress. Unlike quotas, which may ca11 for a preference for the less qualified over the better qualified to meet the numerical requirements, a goal recognizes that persons are to be judged on individual ability and merit hiring. Affirmative Action goais are set on the basis of expected vacancies and anticipated availability of skills in the market place. These goals should be met if there is a protected class applicant who is best qualified for an .availabl.e position. If the employer does not meet the goal, that failure should be justified. � � Affirmative action results in a more effective and efficient utilization of the avail.able wo,rkforce and present employees. Therefare, a sound, detailed affirma- tive action program is good manaqement that.benefits the employer, the employees and the community. The Equal Employment Opportunity Commission defines the following groups as , protected classes: Negro, Oriental, Native American, Spanish sur-name Americans, Women--all races, and.persons subject to special obstacles in employment such � as the physically disabled, persons dependent on welfare and the employable mentally retarded. � II. AFFIRMATIVE ACTION POLICY STATEMENT It is a policy and intent of the City of Fridley to assure every individual � making application for, presently �rQrking for, or applying for future vacancies in the employ of the City of Fridley wili be considered on the basis of individual � ability and merit without discrimination or.favor due to race, color, sex, creed, marital status, religion, national origin, ages between 40 and 65, physical � disability, adherence to any political� or �nion affiliation, or status with regard to public assistance unless proven to be a bonified occupational qualification. � In furtherance of this policy, the City of Fridley establishes an Affirmative Action Plan providing for fair and equitable treatment in all phases of public employ- ment including selection, compensation, benefits, training opportunities, leave � requests, promotions, transfers, lay-offs, and other terms, conditions, and privileges of employment. � � � � It is the responsibility of every employee to cooperate in the implementation of tfiis policy. A willful or�deliberate violation by any employee of the City of Fridley of this Affirmative Action Policy or violation of any procedure devised to promote and enforce this policy will be cause for disciplinary action up to and inciuding dismissal. -2- � � 1 . RESOLUTION N0. � - 1975 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER AND STORM SEGJER IPIPROVEMENT PROJECT PJO. 113 . BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, i Minnesota, as follows: 1. It is hereby determined that the assessable cost of � construction with respect to the following named improvement, to-wit: � SANITARY SEWER AND STORM SEGJER IP1PR01lE�1EWT PROJECT N0. 113 including all incidental expenses thereto is estimated � at $ 2. The City Clerk shall forthwith calculate the proper �• , amounts to be specially assessed for said�improvement against every assessable lot,�piece, or parcel of land . benefited by said improvement according to law. I PASSED AND ADOPTED BY THE CITY�COUNCIL OF THE CITY OF FRIDLEY THIS � • DAY OF , 1975. 0 MAYOR � William J. Nee A�'TEST: CITY CLERK Marvin C. Brunsell , � 0 �� , , RESOLUTION N0. - 1975 A RESOLUTION DIRECTING PUQLICATION OF HERRING ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 113 � WHEREAS, by a resolution passed by the Council on � � the�City Clerk was directed to prepare a proposed assessment of the cost of street improvements including sanitary sewer mains, outlet, and storm sewer outfall, and other facilities. � WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE GITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA, AS FOLLOWS: 1. The �ity Council shall meet at the City Hall in the City of Fridley, Anoka County, Minnesota, on the � day of , 1975, at 7:30 P.M. to pass upon the proposed assessment for � SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 113 2. The City Clerk shall publish notices of the time and place of ineeting in the official newspaper of the City ai least tvro (2) weeks prior to such meeting. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � DAY OF .� , 1975. . r . ., � ATTEST: � , ' I � � , 0 CITY CLERK Marvin C. Brunsell � MAYOR William J. Nee � � r I � ' ' � � � , , � CITY OF FRIDLEY� ANOKA COUNTY, MINNESOTA NOTICE OF HEARING OF ASSESSMENT FOR SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 113 Notice is hereby given that the Council of the City of Frid1ey will meet at the City Hall in said City on the day of , 1975, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: SANITARY SEWER AND STORM SEWER IP�IPROVEMENT PROJECT N0. 113 The proposed assessment roll for each of.said improvements is now on file and open to public inspection by al1 persons interested, in the office of the Clerk of said City. ' At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. • The general nature of the improvements and each of them is the construction of sanitary�sewer main outlet and storm sewer outfall located as follows: � To serve•the area bounded by Matterhorn Driye on the west; I.H. No. 694 on the south; Gardena Avenue on the north; and the City boundaries on the east. The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the g�neral area above noted. � Said improvements will be assessed against the properties within the above noted areas in whole or in part proporti,onately to each of the lands therein contained according to the benefits received. A property owner may appeal an assessment to the district court by serving natice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or.Clerk. . ' DATED THIS DAY OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. ATTEST: � � � CI7Y CLERK Marvin C. Brunsell Publish: 1975, BY ORDER OF MAYOR William J. Nee � � � RESOLUTION N0. - 1975 A RESOLUTION DIRECTING PREPRRATION OF THE FINAL ASSESSMENT ROLL FOR THE 1975 SERVICE CONNECTIONS BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: l. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: 1975 SERVICE CONNECTION ASSESSMENT ROLL for water and sewer mains, laterals, and service connections, including all incidental expenses - thereto, is estimated at $ � 2. The City Clerk shall forthwith calculate the proper � amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF�THE CITY OF FRIDLEY THIS � DAY OF: , 1975. MAYOR William J. Nee ATTEST: CITY CLERK Marvin C. Brunsell 0 l0� RESOLUTION N0. - 1975. A RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 1975 SERVICE CONNECTIONS BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows:. 1. The City Council shall meet at the City Hall in the City of Fridley, Anoka County, Minnesota, on the day of , 1915, at 7:30 p.m. to pass upon the proposed assess- ment for the following named improvement: ' 1975 SERVICE CONNECTIONS 2. The City Clerk shall publish notices of the time and place of ineeting in the official newspaper of the City, at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FR�DLEY THIS DAY OF � , 1975. ATTEST: MAYOR William J: Nee CITY�CLERK Marvin C. Brunsell u 11 0 � ' . �...<,.:_ CITY OF FRIDLEY ANOKA COUNTY, MINNESQTA NOTICE OF HEARING OF ASSESSMENT FOR WATER AND SEWER MAINS, LATERALS, AND SE.RVICE CONNECTIONS Notice is hereby given that the Council of the City of Fridley will meet at the City Hall in said City on the day of , 1975 at 7:30 P.M. to hear and pass upon all objections, if any, to the proposed assessments in respeci to the following improvements, to-wit: 1975 WATER AND SEWER MAINS, LATERALS, AND SERVICE CONNECTIO��S NOT HERETOFORE FURNISHED AND AVAILABLE �ll � The proposed assessment roll for each of .said improvements is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. At said hearing, the Council will consider written or oral objections to the proposed assessments for each cf said improvements. The general nature of the improvements and each of them is the construction and furnishing of sewer mains, laterals, and service connections and water mains, laterals, and service connections in and to the properties, as follows: Lot 27, Parcel 3900 Lot 29, Parcel 3960 Lot 38, Parcel 5520 Lot 38, Parcel 5540 - Lot 1, Block 1 Lots 11-14, Block 15 � Part of Lots 1&2, Block 7 and Part of Block 8&9, Parcels 1770 & 2085 Lots 3&4, Block 1 ' N.10' of Lot 29 & all 30, Block 1 Lots 49 & 50, Block T�� Lot 1, Block 2 . �, Auditor's Sub. #23 Auditor's Sub. #23 Auditor's Sub. #77 Auditor's Sub. #77 Briardale Addition Fridley Park Addition Lowell Addition Marian Terrace Plymouth Addition Riverview Heights Addition Sylvan Hills Plat 5 The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and is the same as those listed above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: CITY CLE�K - Marvin C. Brunsell Please publish in the Fridley Sun on 1975 MAYOR - WILLIAM J. NEE . 12 RESOLUTION N0. = 1975 0 RESOLUTION CONFIRMING ASSESSMENT FOR WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMEN7 PROJECT N0. 116 BE IT RESOLVED by the City Council of the City of �ridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be special]y assessed for the WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 in said City against every assessable �ot, piece, or parcel of land in accordance with the provisions of law, and has prepared and fiied with the City Clerk tabulated statements in duplicate showing the proper descripticn of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet i.n session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to a11 interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed; except • 4.` The amounts specified in the praposed assessment are changed and altered as follows: • � �5. This Councii finds that each of the lots, pieces, or parcels of �end enumerated in said proposed assessment as altered and modified was and is specially benefited by the WAT.ER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set out is hereby .levied against each of the respective lots, piec�s, or parcels of land therein described. � � ' ' ' �J 0 PAGE 2, RESOLUTION N0. - 1975 6. Such proposed assessments as altered, modified, and corrected•are.affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assess- ment as altered, modified, and corrected with the changes and alterations , herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels o� iand respectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the Gity Clerk and filed in his office and shall thereupon be and con- stitute the special assessment for WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 8. The amounts assessed against each lot, piece, or parcel of land shal� bear interest from the date hereof until the same have been paid at the rate of seven and one-half (72) per cent per annum. 12 A 9. Such assessment shalT be payable in twenty (20) annual installments� payable on the lst day of January -in each year, beginning in the year 1976, and continuing until all of said installments shall have been paid, each � installment to be collected with taxes collectible during said year by the _ County Auditor. 10. The City Clerk is hereby directed_to make up and file in the office of the County Auditor of Anoka Cou�nty a certified statement of the amount of all such unpaid assessments and the:amount which will be due thereon on the lst day of January in each year. . The motion for the adoption of the foregoing resolution was duly seconded by � Councilman , and upon vote being t�ken thereon, the following voted in favor thereof: � r and the following voted against the same. PASSED AND AQOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: 1975. CITY CLERK Marvin C. Brunsell MAYOR � William J. Nee