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12/01/1975 - 5433HELEPJ FAGIN SECRETARY TO THE COUNCIL REGULAR COUNCIL MEETING DECEMBER 1, 1975 ' . - • MEi�10 T0: 'DEP11R1-(�LNT NC/1DS � . . � � Foll�wing are the• "/IC7IUNS 1JCl�DCD". I'lease have ansti��ers back in City Mar�ayer,'s �. � Off�icc by 4Jednesday Noon, Deceinber 10, 1975.' Than{: you . : h� 1=ltl.�)�..I_Y C I�f 1' �:(�I.,i�;C 1 L. — iZC:(�1JLl1�Z ��ll:�l::�l- I(�G �-])s=Cf�i�"iLi::l� J., 1�7� — 7� 3U f' , I°? , � �,_.�._..___._-__ ._.__. �____.___ ----`-_^ .'_._._._.-._— - . 7:3� .:,. , . . � . _ � _ . f'[_f�])C,E OF `�'�(_i_(:_G � ��;f��CL : � . : i _._._.__ ____ .________..__ . . . . .. - . � . . .. ' •. . . . . . . : '� � i��.i� _i_ C/1L�., ; Al l Presen-� . I '� . -' _r, t _} �-} r�, '',.' --I--- r '! . I, .1._.__C , ' • • • j�i � l�,,.� �l � ,!-� �� . : � � �� ) � �_J � Anproved as sub�; ` `ecI . ' � . � PU;3':--1(;..iif�/',CZ; P�G I'i�_�:TIitG, I`�U`��EE'iL�CR �O, ��%� . : � . ' � . .' .. , .� . - � : ' . � J� +T ` nr_ ^ ! � . " lil:�lii�I J.L��\ UI {'':17��'��ii�i �DbY'OVE'Ci c1.S SU�t;ll'-:.2ti. � .�_�.__.._.__��____ --- . , . ' • ' � . ' ' ,. . � • � " • . . • . ' ' . . . ' � . . (if'�.I� 1=0f�.11i�',, 1'I S i�i�tli�S ; � . . � ' . ^ .-_._-- � ---� :,__ --- � ~ ,�� , or � ,� A �. � � ' • � ,•'�1". ��1C1 {�� E`.I'.10 lf1Q� i IY'. n� �dl,.,rJ, s� Y'. .)1 (._ 11 �l 1��' � Y'�1 � i �.!/ r5�'.7!'1 C� UJ � COi 1}) �«�?n �,i7 �!� ' $r)Y��i�n �.d�� 'c21"� c3nC� ��alll(', ti•/�Y'E ►)I�es�ni; to clSt: �OLII�C1� `�0;" SU�7n0Y't d'Ci S01';° ' �111<i��Cld� di:l � for j;�iC.'1 i' 1�1�0�11"ZI�}. {'1^CSC'ii'f�ed n�A��oh3 e�s G� ��U%S Oa�:'.� i'•.VC'S 4�1t� •�fina;�cial r�nor�. P�lo�c�ion by Counci ;�io �roc�ss t!;is re�u�s�L ��:roun�� '�e Par;:s and R�creation Cor��>>issioi�. , � � '7'; ' D[�f'T ACTTUN Nt:CDED: Put this i�equest �i� Park and Recreatian C:or,�missio,� Agcr,d�k for ��'�� co��si cierati on . • ' .� . � . � , . • . • .. � . �' ' • . , ' ' � . . . • • • . , • • .. � . i�. / = 0 .� , ` � . � � RCca�;!_n(� f ��=C�T1;�;�a 0� �CC[��f��Lfi J., 1.�I5 � 1 ___ � _.._...___ - , ;. . : � P/1G[: ?._� � � � � � � � � , � � 01_?� �US I �?�SS ; � . . � � . � ___._______ - � _ � _ � ,� , > ,o�� r� �-n��r n r�!D � I N/� L P I_/�t� S CO{�S i I�Lf�A'( Z Of� O` /� ��LSOLU'f I 0i� �RDl-_R I I,G I f�il (. � �P�I) �I'I�:CIFIC/��i-JO(�1S �I'�D i�STI(�1A'fES or- T!-�E Cos�rs Ti-ic�;cor-�;. S��zr�_T � . ;� � IfriPI�O\�1-1'�L:I��}� �'RQJi�Cl� ��T, 1�7G-1, ��.l�Dt�f;DUi�'� �?�. "�fOTiOP! b�i Co�ancil►,�an Fitzr�a,.i icl: . 'to anprove Resol�!��ion ;.?08-1975 and orcler improv�r:en�s and fir,al elai�s and srecifica�:ioris • and estiinates oi= costs on Stre�t Imn►°ovcmen� Pr�ject a`S;197�-1, und�r t:'�e assu;�r�ion i,��at ��4�.I]) ��his is no�c final actio�. �(��i� firal action cierencis o►� so�� fui�re aci:ion c�i,�- cernin; �ChO^.� �Oc1Y'�, �i?Ci dC(;t►1S�I�1011 0� D1"OneY''�y and easer�erts, ��„�ic'i� are Si:l�� , a factor. �Secon:leci by Councilman S�ar�•�alt. . Co;;s r l�E�r;r;� r or. e�= i1 R�soi_u� z orv �l;»r_r� j i,c i i��F'(ZOVCI'•'�Ef�'T A�� F�I P��n�_. P�r�«s ��r,n �;�,�c � r r r_r,-r � c�r;s �,r�n Es i ��Tes or- T�,r_ CosTS Ti-�r_�;EOr- :.. S��r� r��i-��:��: S`i�;�� 1°!ATE,-� „I��n S�o��<< S��:;r_�; t!11�� CTr��► �n J.1_i�i/7�> �.� �� _ , ?1otion by Counci?man Titzpatricl; to ap�rove Resolu�ion a`?��-1°75 an�.orci�r ii�nrovem,er�t ,��.�� a�id .fir�al nlans and sp�c�-�ica'cions atld es�ir.a�ps oi� the costs �hereof: ' .`" Sanitary Sev;2r, !•;ai;er ai�d S;`ori�� .Setver 1�11?., urit�� ¢h� same assumntions as in Resolutio�� 1�?Q�-i�:75 for Street imr�ro��:��?i�nts. Secor:de�i b�� Co«nci?tti�oi�i�,ri � f ' r l _ �' 7. 1 . \� /, . . � (G � ��.:':��`�$�� . ��i�r� z T):-.F.i��l' T.�;�,� C,f- r�l {}�0\ /�L_ OF � I{„ ,!� �Li�T SU?31�.I �� I S I Oi� �� J� �;�%.7-C�', ' Y.�_!�:, f= ��E-1�(Zl }��i=('�, �C:��c=i;A�`L1� 1_c�c<<,�rr» t�.'�s��' UF E/-1S'i I�l`,�E�, �0/',;� . B . . . . • . ... .... ............... ......... n►��:� Sou�r�� of= I_oci�� I'��r;�:i�r�,�' (Trar��_z� �0/C�/7�>) . �..,..`..,. `�,� � , , , < < , , , �� , , , ,. < < , � .1 : 1 �= 1 �. l�ol d unti 7�t!ie ahove �i��nrovei;�; rts � c!o �bac'� to Courici 1. �N NEERIfdG �;CTTQN NFCDED: Com�lete nego�;ia�i.ons for acquis�i�;ion of property and easernents €or City Counc�l consideration. ' •• ' . � ' 1 � , �. . . 1` ,•, 3. . � ' � � ' f�EGUL(11� i'�1LL�I�Ii�,G, DE:C►�1�11�L1� �., 7_�75 1 _______-_ --____ '(• ,,,, r (` � � Of_D l�ll,� I ( � �.S,� , 1 . ' , (Co«�rrt��u��v) . . � ��l��Il)!=I<�1'IOf�Y 01= ��'I'OIf�!�l'('��I!T:: 'i�0 T111= rl'�\�IRO('�f�1l=f��f,�!_ �U1`�I_I'l`Y CUIiI'►I :�S I nl'; ��i`,BLC)1 �_.�_��.%�%�!? �.Pf'OI f�T!'i�i`��!" TO Ti;E L11.i3LE I V Cc,��z ss z a�� (T��?��t_�� a_1/3/75) ��,r,�� `,r��ox i��i r�7��r Td �Ol_T CC CU1�'ii�'�ISS1C;i�: � � � , � � � � � � � � � , < < < � � � � � � � � < < � � , � � � � � < < � � � � � � � � � � � i . �' P11GC :� � � E 2 ' Envi roni��cn�;al Q�a i i a:,y Comr.ii ss i on - �1r. oruce Pefie,�son an��o-i �±ed for �err.i exni ri r:g ^�-1-77 , re;�laci��n Rol�eri; L. Ericl:san, !�Jho resigned. P?r. �'1ic+�ae1 J.• Parirovic,i t��as arneir�:�c� . for term exr�i��in�. �-1-75> re?�laci��n "1ary r��ar��n, �vl�o resi�ned.P,lso °1�TI��; to rer:u^st '. Environr:��ntal Quali�y Comm. io ut,�liz� oth�r ar.plicar;;s �For sub-co!nn�ittees. :. • A�poi ni.meni: �co �abl e i V- �arbara riuqhes - for �er�� !�-1-7� re!?la`ci nn Tor� ?1��!;�°a : ' 1lnpoi n��i,��nt �o Pol i ce Com;�i ssion - Jean Sc�,�l 1-- for t�r� 4-1-7P renl aci ng �•'i 1 t�ur !�'!�i tmore. CITY ��1A��dAGER. ACTIOId �EE�CD: Notify new appointees .of appointments . ' ,. �� _ , ,,, � _ , ' h � . _ = R r= ,� , •., � COi\SJ DFI;;�,TJ ��! 01= ..jE�CO;�;I_� ��,_"1`1;)I i.v t)f� /11� ��,)�I I�/1f�1C:� I C�1Z �,�LOt, i i��. ''��`CU[�S1�; lOf�! a��G �;��I f;/�,��'C;�� 1;;��!=;�<��'�Ll��'1� •��1,�1 {`%r>.�G�1,, T3Y liOLI DI�,`�' V�t_i_.i�:��. ,';at;�i►;, �-c f��?o��;�. �i=�,o:. f°"i--�_ To C�-2_S, %:�� 5�T!� �.vc,,�� 1 F � �. ............:....... ............. .. .... . .... ...........:..... ...�........... ..................... . . (5� . I_ � t � r � 1 e t�� e � r i a � r �� e c e i � �� r � � t t Y�i � i e t r i� � r � i� �� r t Ap��rove Second Readinr� far Ordinai�ce '!�3 and order, puLl ica��ion: G ��/ • . 17Y�h�1ANAGER /�CTIOfd �dEEDED: Publish ordinance � : . ' , 3.- ; �3 � � � r-" �ri - f�= '�� , .. �.;.i;IZ��.;l'�f�ll�!_I'�Cl� f=RO(`'i 'TIiE �',�,i��j �CNSIll4.��/�(lC�� Oi- .f_t,._l\�. . , �Oi�1f`lI Sr? 01'J �;I�GUL=ST1.��G �.�.'�' ��I Il�.:. �'C;'�' FOf� LLGt�L �SSI ��rnl�CL:.�..�..�..� �. � l� _ l.� � ' h10�I0�1 to a��prove authori-r_.ation of legal assistance as re�ues�;ed by CATV Cor�mission. i.'' Counci 1 anpi°o�ded ;�1 ,000. 00 for i:h�i s ex�?eiise, and su�ne �tec! thev i;ry 11uJ �;�orl: so��:!�i na ou�t �bet��ec�n tl�e two a f:torriey' s i i� Lereste�i , bu t onl y ei>>��I o,y oi�e attorr�,y for tf�e servi ces ; The Cit,y ��i.t:c�r;i�y r-ec��. sted capies of attorney's re��orts. f�� aiven 1;o Ci �� "�anan�r and ' himself.�� . , • . I , �-= 1� :CDEU: Noti f� Cai�1 e Commi ss i or� nf Counc�i 1 aci:i on :� GIhC!_R1fJG /�C7I�N L � , � ___. . � • ' � �. . ' . • . - . . � � . _ _ � _ . . , . . . . . � . _. , . . . � � � 1�I:��L�IZ (�'i��l��l�l: ��(�, .1.�1=Ci�f i1�Ll� �. j 1.�7� : � . . .. . . . . � . .. .' PRGI� �; ' ___ _.. - _ _ � ---- 1� . . . , � � . � � . � � !�[_!; liUS I I�JLSS : . � . � . � _.._____. _____.-----__ � Cof��s z vcr,n��-7 c�r� or- f;LC►.� 1 v� wc n�,�� 11��;��;» z r�c I�,'oi��:��;1-=�•1 � S ... .. . . . . . ... . ... ... ......... . . .... '. �0��'Ef�'��'i-Tt�i�d II�!�UI�i1(;CL= pIll ,��,�,��,��4E�<<��.,..r.'..1. �� E 't-Jor.{aren's Comp�nsatior, Ir�s�arance �'id �•,as at-:arded �o ��ranscontine��ta1 Qrokei�s, ' P�,yIl1QUt�l CU1�C�l1�C', n�inneapolis, hi^J. _ F PtCE ACTIOf�! IVEEDED: �o�;ify Transconiinental 6roFe��s of aG,rard . � � : � ---- ----- , • r• ,i� r�,t',( ,i �,i. i •C .t �'�'' � ��•-r�: ��.1 �_ ;,>� > �f �3 t-' ..... . �. . ��_i;LlY�i.�� L_��,��If,G i0��;(�15,�I0f, ,��I�� 01- „01-�ii��_(� ��.L.J%� � t , � � �� 'P�9CTI0�1 �by. �;ouncilma� Greider 'to rece�ve Plarninn Coi��r�ission ^1ii;u;:,es of �;ov. 9, 197'S, � seconded bv Councilman �i�;zr�atric�:. E INFER?NG� AC;TI�)h; PdEEDFD: File for future i�ei�erence � �A v � ' 1� '` ` _' (il=Ci=i�%Ii��„ ;!-`r �,(;�E(',`{LR �0(�i��ISSlU1� f'�iIl�d�'.�l"L:S 01- OC'I�OI:'.I�i; �l, �_��_�� %� � % � ��"��QTIO��J by Councilr�an Fit;patric!; to receive ti�e Cl�ar��e?� Coi'.1??11SSjOt�. �171�U`LeS� G'F OC�. 21 ,�197F, ,; seconded by Counc�lman 5re�ider. • . � �C TY 1�1Ai�/�GER J�GTION N�EDFD: Fi1e for future reference � � • �� _.._ . � . . • . . ' . . ' . . , 4.: � � , ' t . � ' � , ,, . e � � 1 ' ' , • � Cc;,�:>��t��r,��r.o,, ci- I�E�Ui=S1� FCR �Ui'i�l�i�'1� G1= CC�;,�cr,;T a�r,r�r� i�7- . � . . . ' ��;n��ao�,'s ��lcri�rr_-ti��;��_ C�:�_►_��;n�r�c�r�,,. ...ren��,_;�r .�.,�. �n>>,. Sc�-�oo►-.. ....... � �I::��I�l�xC7 �;.�.� ,�t<<<<�„��,��,�„��,�E„�„��,�„�,,,',�►,�►► g � � ' � ' � 1"he Re�uest for Sun��ort of Concer°t. G�.nd at ��aiion's Bic�ntennial Cc�?ebration f�y � �� ; � Ind.• S�.hoal Distric.t �'13 �•ras t�ible:l un;;�i i nex�; nleetlncj� Of 7ec.�<":, 19i� in order �'; � for t'�e Cit:y (��:tor��e,y �to check li'c�;�j7l1CS of this i;,�ue- ��fi dor��ti�r�, �' i ��I� MI1Nt1Gl�(? ACl IQN_ ldCITDCi�): Put bacf� an tlie a:;crTda of tlecr;�;br.r :3, i�i; 5 r, ; _._.__._._. ___ ___. _ _ � , ` •� ' ' ' • � : ` :_ _ � , . - � • • • � • • • • . , �. _ � , . � � . . � . . '- _ ns� � :��-� - �� c ' r . �'/�GL 5 ��i:.c�ui_l�« ��_�_.� r" ,, l��_CCf ,.,�_l� ..., �..�� , _ . __,__ -----.--- --- . �� !�_t�t �,�s��,�:ss: cco►��T�,,;�►,1>> . � � : � � -- - . . . � � . . � CO(�!S ) llLR�71 Uf�J Of= f� �ZE:SO!_U�l' i 0i��! �PPOS 1: (�G }i0U �L F I Li= �'��0 � 1�t�� .. . . ............. . I�E_�nr,r� r r;c ��i ar l=��_c�-r;o�,� 1 c `%o�r z ��:c, S��s7-ri�� , , , � , � ,� ,, , , � , , , , , � ; , , , � 9 — 9 D �. � Resolution ;',�210--1975 Adol�teci cnnosing ;louse File '�lo. 1°�7 renarding the �lectronic Voti ng Systei>>. • �. �_r ,�,CE �CTIO[�; ��EDE�: „c�i�y p��cpc,� au�h�►°ities of Council action � . .._. -- . _. '.. . . � . .... . .... .. .:.'.: ... . . . ._ .. . . . ... . .. . ... . ........................ ....�..... ' �!_/,I�f�'iS-;� ��,��<<�<<<��.��f�,��,�,��r<<<�<<.� 1� llnpr.�v�d as s�;bmi �Lecl. � F ANCE ACT10fd PJEEGLf): Pay claiir,s as approve� � �. ' � . . . .. . ... ...........:................................ .. .. � .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. . . �.�. . � . . � � . !_)CL=;�!5t:S, �f��<<<��„�<<��t��<<��<<��<<��t�� Approvcd as submitteci. . '_' � F A�CC ACfI0i1 f�ECD�D: Issu� licenses as approved � � ' � - � . ' � ' .. ... ..�. ....� ... ............. ................. ... . t"-_s��_�i��t��r�s (?�zr�nco��j i=�r�;r��_ ';' (�.�i.7) ,�,�,�,,,,,�,,,,,<<,<<,��„ 1i — �.i' C. Appi°ovecl as suhmi�ted. ' NAP�CE ACTIOf� ��EEDED: {'ay estimai:e as su�mitted ' � . .r ' .� ,� � i � � �� . � . . � ,. ;, nl�,�Ol�r�� . ,, .� �---_--_ _ � � : c�o s� . r � . . � .� � , . � �,.,.-..�•�--^..r..- r _.. __ _ ......�.......,.............e.�..,..`......w.�.,..�..w.......:me.r...s..�.....a-.. ......�..... . � ' ' ' � .� ' 7NE MIHUTES OF THE PUBLIC HEAfZING MEETiNG OF NOVEP16fR 10, 1975 1G� PA(;E 1 7he fubl�ic Hearing Meeting of the Fridley City Council of November 10, 1975 was called to order at 7:33. P.hi. by Mayor Plee. PLED"uE OF ALLEGIANCE: Mayor Nee welcomed those present and invited them to join the Councii in sayfn9 the Pledge of Allegiance to the Flag. ROLL CALL: � E1[MBERS PRESENT: Mayor Nee, Councilman areider, Councilman Starwalt CouncilVruman Y.ukowski and Counc9lman Fitzpatrick MEMBERS Af35EtdT: tdone ADOP?IOM OF AGEt�DA: • ' MOTIOP� by Councilman areidei�, seconded by Councilwoman Y.u!co�•�ski. Upon a voice vote, all voting aye, t•layor hee declared the motion carried unanir�ously. � PUBLIC HEARIidG: PUGLIC HEARI!�G CPI THE h11tTTEft 0� A�OFl?NG AT7 ORDINANCE AUTfiORIZIPaG THE ISSUAi�CE OF ON-SALE 4dINE LICEfdSES. � ' P10TION by Councilwoman Kukowski to open the Public Hearing and waive the reading. Seconded by Councilman Fitzpatricl:. Upen a voice vote, all voting aye, tlayor Nee � ' declared the motion carried unanimously, and the Put�lic Hearing opened at 7:38 P.P4. � . ' t� ' ' , � Mayor Nee explained that this item was a potential oi°dinance authorizing. the issuance of wine licenses. The City Manacer opei�ed the discussion by explainina that there is a la�v now�that allo�rrs the C4iy to issue t,�ine licenses to the eating establishrents. He said that there 1^ras some interest ?n the community, and there has been some discussion an the subject. It is brought before the Cduncil to see if the City snauld adooi; this ordinance. Mayor Nee asked if there were.any interested parties preseni. � A visitor speaking for P•1r. Steak Restaurar,t said he was just curious as to whether ' this ordinance would include strong beer. Mayor;Nee said that this ��ras a special state statute only for kine. , . The City Attorney explained that in order tu serve.si;rong beer a liquor license is required. ' Mayor Nee said if there was no further interest there kould �e no point in ado�ting this ordinance now. It could be hroughi up again in the future if.there is an � interest sh��•rn. � � MOTION by Councilman Fitzpatrick to c7ose the Public Hearing. Seconded by Council- woman Kukoe,�ski. Upon a voice �•ete, all voting aye, Mayor Nee declared tne motion carried uranimousiy, and the Public Hearing closed at 7:43 f'.PL �• 1 PUQLIC NEARING ON TN[ QLE`.;iIOft OF ISSUING 1`,�� 0�!-$�LE LIQUOR LICFNSE TO RICHARDTDUANE I ' ''I . ' � M07ICN by Councilman areider to open the Public Nearing. Seconded by Counciiman Star��ralt. Upon a voice vote, all voting aye, hlayor Plee declared the motion carried unanir�ously, and the Pubiic Hearing opened at 7:44 P.ht. btayor Nee stated that since the original pu5lic hearing on this consideration the Council was appraised ef the fact that the prope�ty a�as improperly zoned, among other . things. and this �.�as very material to the consideratiorr. For that reason it has been de�ermined to reopen ti�e pub?ic he�ring ard enter certain information to:ti►e records. 0 ! i �; . i; l;. � ►i � :i � �, �i �� 1�� PUBLIC H[ARING 61EETING OF NOVEMt3ER 10, 1975 PAGE � Mayor N�e asked if Mr. Richard Povlitzki was present. There was no response. Councilman Starwalt mentioned that he had not been in touch with Mr. Povlitzki since the last meeting, and since he is not present he moved to table the Public Hearing until 8:00 P.t�. because he is coming a long distance and may have had difficulties in getting here. MOTION by Councilman Starwalt to table the Public Flearing until 8:00 P.M. Seconded by Council��loman Kuko�vski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. PUBLIC NEARING ON IMPROVEt•tENT: STREET IMPROVEMEP�T PROJECT ST. 1976=1 MOTION by Councilman Fitzpatrick to waive the reading and open.the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, i�layor Nee de- clared the motion carried unanimously, and the Public Hearing opened at 7:45 P.M. The Public Works Director opened the discussion by giving a dissertation on the street improvement project. He explained that the �treet improvement is �r,part of the City's ten year street improvement program. it was initiated in 1969, and it was intenc!ed to improve all City street to a standard sectian by 1978. He then pointed ou't un the City map the progress that has been made, and said at i:his time, there remained approximately six miles of sub-standard or swaleback type streets. 7hese do not have a definite drainage pattern.and are in need of r.epai.r or mai.n- tenance. He said it is proposed to complete one and one-half m.iles in 1976. The Publ�ic Works Director further explained that the basic standard would consist 'of a roadway thirty-six feet wide and consists of concrete curbs and gutters wiih bituminous mat which would improve the drainage to eliminate problems that exist and attempt to avoid high maintenance costs in the future. For example, he continued, 57th Place does have a drainage problem, which has'caused inconveniences to the residents and had high maintenance costs because the water cannot drain out. We have had numerous com�laints from the adjacent residents. He further stated that another reason for t.he improvement�program is to impr.ove the .driveability by having a smooth driving surface, and have facilities the residents �of Fridley can be proud of. Mayor Nee asked the Public Works Director if he could give some history oP the increasing costs of this project. - , . The Pub)ic Works Director said it should be pointed out that in 1973 or 1974 there was quite an increase and construction costs jumped from $13.00 or $14.00 to $17.00 in 1975. He further expTained that costs have now stabilized and that the same preliminary costs are projected for 1976 as they.were in 1975." • The Public Works Director said it should also be pointed out that there is no . state aid 'included�in the project at all. All of the streets, except the � Henriksen P}at, are all basically the same structure being thirty-six feet wide - and having concrete curb and gutter and bituminous mat. The first street is 53'z Avenue - 7th Street to Madison Street. I�n�rovement costs would be y17.14 per lineal foot. , Mayor Nee asked if there was anyone present that would like to speak on this consideration. Mr. Leo Swamer, 559- 53'� Ave. N.E_ addressed the Council and said that he arould •� like to k�ow if the street is going to come up or go do►vn. Ne said he is higher than his neighbor. Also, as far as the sodding, he wanted to know if he would have to pay for this. ' The Public Works Director ex�lained that sodding and.all of th2 res�oration.costs are included in the project costs. Anything that is disturbed would be restored to its present condition. Ftr. Swamer wanted to know if the street a�ould be wider than it is now and the Public Works Director said it tivould be no wide►� than it is now. He said we only wanted to etirninate the s�•rale-back design that causes problems with-maintenance. Also, he said he believed the drain would be ciown towards Madison StreeC and 7th Street. _ _�. � � I I ! i � ! i 0 \ \ � . • . .' .•. u � I � ,_.. i i , . PUQLIC 11�/1RING F1EETING OF NOVE�4QER 10, 1975 PAGE 3 Mrs. Dorothy Seip, 5628 - 6th Street N.E. then addressed the Council and said she � has a f�nce that is un tlie street now and wanted to know if it would be moved back, and the Public 4Jorks Director said if it goes out to the property line, we would replace it or anything that is disturbed, at no cost: Mayor Nee added that the proposal included restoring drive��ays, etc. with whatever it is now, concrete, black- top, etc. Mr. Leslie Lummgren, 533 - 53%2 Avenue f�.E. asked if the project was primarily ' resurfacing or does it �nclude any storm sewers. The Public 4)orks Director said it would include any storm sewer we may need to handle drainage probiems do�;n in this cul de sac. Mr. Lummgren also i�ranted to know if a11 of the properties v�ould be assessed and are the people on Madison Street included in the assessment. The Pul>lic 41or'r.s Director said that all of the properties would be included. The people on Madison Street have already been assessed for storm sewer. He stated that there is not much storm se;:er invo7ved in this area. Councilman Star�•�alt suggested that if anyone has any doubts they could drive by � �ther areas that ha�e already been completed and see how �he City�resiored the sod, clriveways, etc. He said that 57th Street, Able Street and Baker Street have just been comp'teted and the furi:her improvements will be just as nice. Mayor tdee asked for an exaression of ho�a many are for or opposed to this project. Mr. Lummgren said that it has to be doiie and may as well be done now with the costs rising. He also �vanted to know when the work is anticipated. The Public Works Director said that they �vould try and arrange it so that the City is not torn �rp all at once. They would try to comp]ete one area 6efore moving on to the next. Mayor Nee asked to move onto the next street, being 57th Place, 4th Street to 6th Street. The Public tJorks Dire�.�or stated that ihis is basically the same design. The front foot rate is �17.74 pe�� lirr�al foot. He also said that he noticed there is a water problem in this area wl�ere there are existing storm sewer facilities. He explained that the g_rade is such that e�ater cannot reach ttie facilities. The entire surface is not graded properly and this should be done. Mr. Otto 'fower, 359 - 57th Place expressed that he could not wait until the work began. He said he has people drivinn on his.lawn and you cannot tell where ihe street ends and l�is property beyins. He asked if storm sewers would be put in this section. The PuUlic Works Direr.tor said that there are storm sewer facilities in the area..now, and they would try to make use of these existing faeilities. Mr. Towers asked how much that would affect his assessments, and the Public Works Director replied he would not be assessed because he was originally assessed. Mr. Towers said he was just there tonight to say that he was for the project. Pir. John Ti17er, 417 - 57th Place addressed the Council to say that he does not want the project put in. Ne explained that ts�o years ago it was brought before ' the Council, and abcut 8U% of ttie res.idents �vere at the meeting to say they did not ' want it put in, and he did not think things had changed since then. Mr. Tiller said he had three lots on that r•oad. Also, he said a lot of the people who were here the last tirne, were not f�ere tonight and wanted to know how many times they have 1:0 keep coruing back. The Public ;Vorks pirector explained that it keeps coming back because of the com- plaints from residents in tlie area ana th� only way the City can solve the problem • is to mal:e the improvements. . . 0 0 •l � ; , , \ ! ► ,/ \ � �, . _____ __. ______ � . �. �� PUaLIC HEARING MEETING OF NOVEMBER 10, 1975 , �- . •• ' � � , PAGE 4 Mayor Nee asked Mr. 7iller to elaborate on why he does not want the improvements, and Mr. Tiller said it was because of the money involved, He said there is nothing wrong with the road that he is not willing to put up with. • At this point, the City flanager said that he thinks some of the points the Council made when the ten year street improvement program was originally adopted needed to be re-emphasized. At that time, he said, the basic philosophy was that people who have already paid for improvements on their streets should not be burdened forever to pay a share of the costs to maintain sub-standard streets. He said past records indicated that the majority of the people desired to improve the streets, and presently over 90� of the strcets are up to the standards and or.ly l0/ were below standard. He further explained that the philosophy �•�as that the City give the people adequate notice and over a period of ten years the City would bring all the streets to the same level. � � .� The City Manager further explaired that there are a few streets, 57th Place being an � example, that have been brought back twice and delayed for iwo years each time. Every time it is delayed the Council requests it be brought back so that the program, if follo��ed through, could be completcd in 1978. Also, he said it should be considered that �vhen the program was started the costs of the roads were approximately.�9.00 per � assessable foot, now it I�as almost doub}ed that amount. Once these stree'ts are built to_standards the City is responsible to see that they are maintained, so there is no. reoccurring. Mr. Robert Engstrom, 455 - 57th P}ace sa.id that it was his�understanding that if �` it did not go through, it would still go through by 1978, and .the Public Works Director said that is our hope. It is part of the initial program. , Mr.. Car1 Paulson, 430 - 57th Place, stated now is the time to accept this assessment He said he realized some people cannot afford it, but as the City Manager said, with rising costs, �-re ca miot afford to �,rait. Mr:Paulson expressed his desire ta pay his share, and said that if the streets are imp.roved the values will rise in proportion. Mr. Richard Sim�nons, 362 - 57th Avenue said he �vas present for 57th Place, and he feels he is paying more than his share. He said his taxes went up this year, and he is paying for the service road that runs behind his home, and that he is against the project. • Mr. Marv Hartse, 475 - 57th Place, sajd he is against it also. Ne felt hi5 street was adequate enough. Mr. Hartse wanted to know if i:he City would notify the people by mail of the outcome, and Mayor Nee expiained that they normally do not, but that he could call a councilmember if he cannot be present at the following meeting. : Mr. �. Denjamin, 5630 - 6th Street, said he has a big tree in front of his lot and asked if he will be charged if the tree is removed. Mayor Nee said that it was against the law to remove trees. He asked Mr. Benjamin if he was in favor of this proposal. - Mr. Benjamin replied that it was a lot of money and asked what the interest would be. The City Manager said the interest ►vould 7'ZY for ten years. ' Mayor Pfee said that these are not firm prices, they are estimated, but they are usually estimated a littie high. Mayor Nee then asked to discuss 6th Street - I.694 Service Drive to 57th Avenue. The Public lJorks Director said this �•�as a similar type cross-section as before and the same front foot rate of $17.14 per foct. Mrs. John Vac�ovich, 5400 N.E. 4th Street begarr�this discussion by stating there was a similar problem about i:hree years ago on 4th Street and people were opposed • to it, She said she is still paying her share for the street on 6th street. � � � ,_ � � � ..�u. --..u.....�....�.:: I 6 � _ ..0 � . i � # • .' ' . � , Pt1aLIC HEARTNG OF NOVEMQER 10, 1975 � pAGE �5 � o `____ � She and her husband are �oth retired and are paying .��,35.0� a month for the street � that w�nt in front of ttieir house. They �ver•e moved by tne Hiqhway Department for � Lhe convenience of the public, an�-i had �to purchase property �lose tn where they � ' could get utilities through. She further explained that there were apartment � b 'ld' f t � �� E.� � � ui ings across rom t�em and when t.hey use the streets �n excess of what the � pro�erty o�•�ner does, should�nt t�ie City pay for that. We have not been able to sell because of the assessments and because,of the location. t4ayor Nee asked to move on to the next street. The Public 4;orks Director said this would be �Oth Avenu2. 5th Street to lth Str�et. He er.plained that again this is the same type cross-ser.tion, 3b feet wide and aiso $17.1�r per fo�t. . 4'irgil Naugen, 6010 - 7th Street N.E. addrESSed the Council and said that he was curio�:s as to the method of assessing. � ' The Publi.c 'orks Dire�tor ex�lained that 60th Aven; • is a cross-street and the proper•ties abutting that street and North ano Soutf b��ould be assessed a side yard assessment of �5.12 per foot. He said it is a policy 4f the City stating that there � is a side yai�d assessmeni. I{e further explaired that this is for the street improve� .. ment a1so. 1 0 . Mr. Naugen mentioned there was an easement running through there and wanted to know if thai was inciuded ai�d aahat were the lot sizes on 6(;th �tvenue. � , The Pubiic Works Director said they were ap�rox9mateiy 135 feet each. � � •i�_,, �. ' . � . i � � • � I � � � . Mr. Haugen said the adjacent properties are $17.14 per foot and the abutting'properties are an additiona: �5.12 or is that incl�ded in the �l?.14. Mervin Herrmann; City Assessor said that '�e could expla�� that. H� saic' that the side i 1ot at 60th Avenue gets 1/3 of the side yard asses;n�ent at $i7.14 per Foot, then goin� ; down 6th Sireet and up 7th S�;reet ic� the•next corne� 1ot, the•re ��rill be an assessment � of �5.12 per front foot so they will �icd;.�� the 2;3 cosi; ot the torner �uts. ` Mr. Haugen asked how man,y lots get assessed and the CiLy Assessor sa�id it would be fo�!r lots, 5 blocks South and 4 blocks North. Mr. Haugen said that he �ras not against the impro��em2nt. He was for it. . Hp sai�! he just 4vanted to know ho4a �re are doi;�g :the assessing. Mayor Nee said if there are not more quest�ons, we :ci]; ,��ve �n ;;he ner.t street. 7he Pub7ic 1Jork; Direcior said the next street tt�ould be �:�;� Street - I.o94 "s:o 57th Avenue. Ne explained tha� again this �treet �s 36 feei aaide, cor:c•r�te cur5 and yutter, etc. ilie fron* foot rate is also $17.14 per `oat. Mr. Dave Abrams, 5659- 5th F�venue askec� ;�hat this .�ri's � r�� ►»;;;, ' The Publ �c lVori;s �irector said t�is cost t,�c�u�d be fro;it fiootage costs only, $17.i4/ft. Ne explr�ir,ed tha*_ his hou�° mus4 far.e cr,to 57ih a;ic� there a��E no improv�.nent� sct�eduled on 57th Avenue. 7he total ►vould G� th� fro:�t yarcl. �, Mayor Nee asked r1r. Abrams if he had an expression on tiie imhr•oven;�nt;. � • Mr. Rbrams said he was agair.st it, but he was sorL of� 'r��r it. He said F�e-reaTized costs are going up and he said the storm sewer dra�m.•�e ;cors;s sor,tet:mes �,r,d soraetines it does not. He would like to have something dor...��;�t{� that. He asked what would it take to get th�s taKC'il care o`. • Mayor t�ee said probably a petitian: tJe are ir;ter°?sied in the nezjhborhood s�ntiments. Although it is a Go+ar�cil uecision, it is taken inio car��+de;-a4iqr„ i � . � � � ;i � ; �':, ;, . �i �� 4 �t I; ! k 0 � � . ; 1 i I � f � q �%n PUDLIC HEARING MEETING OF NOVEMBER 10, 1975 ..�. � ...:�.-.��... .:. .. � . � � . _ ;�,..,,.....�..,_.,....� PAGE 6 Mr. A: L. Schnobrect - 5649.- 5th Street N. E. said that he wanted these impro6ements back in`1965 when they first boughi:.their home on 5th street. He said they did not have it while their c:hildren vrere �rowing up, so why have it now. The street is.not that bad in the Winter. 'Another point, he said, they put a new drain in on 57th Ave., and it does not work. He asked if they were going Lo put in a new drain o►• not. The Public Works Director er.plained ti�at the drain does not function properly and we will regrade and make use of the eXisting facilities and make sure they work properly. Mr. Schnobrect also expressed�concerns about the lawns that are tor.n up and the width of the street. . The Public Works Director explained the lawns wou7d be restored and mostly the widths will remain the same ttiat presently exist, and if there is something that exists i;ha.t does not fit in with the new design, it �•rould be remodified:� . <,. Mr. Schnobrect also said he was concerned about the streets being torn up for a long period of t�ime. He mentioned thaT. before they �•ere torn up all Summer and pEOple had to pari: their cars a bloc}: a�,ay fs�om their Fiom� �. �� Councilman Starwalt said they were not torn up a11 Summer. He explained that during .' the strike there was an unavaidable perio�i of time they were d2layed, but only about six ►�reeks at the most. - The Public Works Director said they would complete one area before going to the next. • Mayor Nee asked how he felt about the �roject.. Mr. Schnobrect said he was against it, and that tie also would li�ke a petition to see how many people are for it. • t�irs. frances Peterson, 5600 - 5th Street said that i;ney are glad because people have -�` been parking on their dr�ve�vay for a couple of years, and they are happy to have the + curbs put in. She asked what it.will do•to their taxes. � �.� � The City F�ssessor said it looked like it wo�.�ld be about $22.9 5 J ft. Mayor Nee told `�.Mrs. Peterson that this was only an estimate: � The �ity Manager said he felt it ��eeded to be emphasize� that over 90% of'the prope�'ty oafners have gone through this and it is-inevitable that it is going ta be '. done. It is a comnitment the City has made to brinq all of the City streets up to standard. Ne explained that this s•:ay everyone will be paying tneir fair share for maintenance. . May�r Nee addressed Mr. Abrams and added that this may have some relevanc� to the petil:ion. In ali probability, possibly three or four years from now;.the st�•eet ' will have to be rebuilt. It is better to do it.now and be way ahead. .F1r. Abrams asked'if there would be any penaTty for paying this ofif ahe�d of tinie. Tiie City P1anager exp7ained that once the projcct is completed, ��ie w�uld assess it, probably nc:xt year, and ,you can come in and pay'the assessment and not put it on the ten yeai� Eia�nnent plan. It is your choice. 1f you do not want fo ra,� the 7'2a, you could pay it off, or pay it off in one year or t�n ycars. �11so, he said he would like to point out that if the City is goii;g,to riake th� improvements, it is less expensive to comple�e one area all at one Lime while Che equipment is'in th� are�. Generally, the City trics io improve a certain area so that the equipment is not �� going back and forth, and it is all comple�ed in one year. . � Ti�e Cit,y Assessor.said it should also be pointed nut ti�at reop)e `could pay for half of the assessmert, or'a pa-rt of it, then pui the balance oi1 the ten year ¢lan. 1f they want to pay it off after une yeur; they could save sar;e of the interest. biayor Nee asked to move on to the next street. x . l. < t 1 ). � ! � L� �. . � � i � � � �i � �, � PUBLIC 'rI�ARING MEETING OF' NOVEMQER 10, 1975 _.__.._ _ __� 171. �. PAGE 7 ' ................ . � The Pub2ic Works Director said the next street would be 5th Street - 60th Avenue to •- 61st Avenue. He explained that this is also similar ronstruction with the cost being $1�.14 per foot for a}l th� streets fncludirtg curb and gutter. At this point, Councilman SiarwaiY. broughY, up tlie fact that thure vrere soms juveniles present at the meeting, and that it was already 9cU0 P.M. He said he did not like to interrupt one itern i'o� another•, but he had hope�� that the Street Improvement Project v�ould have bren c�mpleted by iiiis time. He asked the Council 'for suggestions of i�oY� to handle the Frontier Club. The Public ldorks Director explairie� that there were t��ro st�eets ]eft - one �n 5th Street and ',:he one on 7�'Z l��ay, an�1 i;h� one on 71 2 Way could be discussed with the Proposed Henriksen fiat. Mayor Nee sur,gested tl�at we continue �•�ith 6th Street and table the balance until the Frontier Club hearing is cornpleted. 7he hublic 47orks Director exrlained that bti� Street - 60th and 61st is also a similar type constr!!ction. Cost is $17.i4 per fcot and the side street rate is �5.12 per f: • c. Mr. Glen Huebner, 0061 6th Street said ;.hat he was nighly in favor of this �project to beautify the area and for safety reasons. Ne said it will keep people off of the lawns, etc. Mayor Nee �nanked Mr. Huebr2r for nis comments. • MOTION by CoGncilman Starrr�ait to table the 6aiance of ti•�is hearing for about 20 ninutes and reopen ihe public he�ring or, tne Frontier Club. Second2d by Councilman Breider. Upon a voice vote, ai'I v:?ting ay" Playor Nee declared the motion carried unanimously. REOP[W P�43LIC HEARI�G ON THE QUES7ION OF ISSUING AN ON-SALE LIQUOR LICENSE TO RICHARD JU/;��E POVLIILi:I. iGP TfIE k'R0�'�RT'f LOCl�TeC AT 73f;5 OLD CENTRAL f�ORTHEAST FRIDLEY ;-RONfIEk CLUIi, :Cr'�. � ' � � . Mayor Nee asked i� t�!r. Poviitzki vras present and th?re ��vas no response. The Ci�:y Attorney cpened the discussion stating he �•rou�ld like to make a few remarks. ' F12 explained that this is u reope��inq of a public hear�ng f�r a request for a liquor iicense made i�y' the c5��m�rs of the Frontier� Club. He said previously ±tiere was a PuLlic Hearing, and at the reyuest ef the applicant and ihe aoplicani's attorney,: ce�tain information ;;�as not bi°ought forl;h. Ne explained tha�, it is the feeling of the Administration that before Council makes that d�cisi.on, they snould have info rn�ation as to the past records oi= opei°ation of the pr�prietor, in as r�iuch as it relates to the pr•^sent oprration, which the Counci� is aware is a 3.2 operaiion. Me furiher expluined ihat Administration �vould like to present a statistical summary ard recc�r�> tha� are availa?�le ;�� the Police Uepartn�eni as ��rell as certain comments fi�orn police oFfiicers and others who have had some experience� at the Frontier f,lub. In addition, aanrn that presentation 15 finished, I•9r._ SaLiech ��rill address himself to ihe �ryuesiion of certain aareen�ents made bf the proprietor of the Frontier Club and comment on wi�et�ier� iflese corr�niti�;ents have becn fulfilled. i i i f � The City Nitorney said he �v�ll call on i�ir. James P. k(iil, PuGlic Safety Director. He ;�� ex{?lairs:�d that it is Ptr. I;-ill's r�esponsibilit,� i:o ma6;e a recommendation to the Council on whether or not they should grai�t a iiquor licens� or not and he is prepared to n;ake � that recommendation and discuss th;e basis for their decision. I The City llttarne,y sa.id he would now li{:e for *he a°ecords to show tnat it is approximately 9:15 P.N1. At a previous Council h1eet.inc�, Mr. Povlitz':i was present and was advised that another rneetinq would be held on this evenino and in addition a writtier notice of tfie hearirg �as delivered, along v�ith a copy of ti�e material that was give� to ti�e Council, to Mr. Povlitzki's acidress here i� Fridley. The officer . who mad� the delivery will comment on it wl�en he addresses the Council. 1rll� • PUE3LIC }1EARING FtEETING Df NOVEM6ER 1Q, 1975 PAGE 8 Mr. l�ill i:hen addressed the Chairman and members of the Council. He said that on � November 7, 197�, he sul�mitted a memorandum to the City Planager, ti•thich he under- � stands fias beeh forwvarded to the members of the Council. The memorandum, he explained, basicall,y concerned the Fublic N�aring here toniyht on an Intoxicatin� Liquor License for Richard Pcvlitzki, owner of the Frontier Club in our Citv. � He further explained that in additior. to ±f�is memorandum being sent to Council, the memoranduni, along witli a•cover letter was also hand delivered to the legal ��r • residence of 'r4r. Povlitzki on �hat same date by Sgt. James Sprungman of the Fridley � Police Department. Mr. Hill then asked the Council's indulgence to read into the � record the contents of this memorandum. t4Et•10 T0: P�ASItd M. QURESNI, CITY MANAGER . ' MEI•10 FROM: JAh1E5 P. HILL, ASSISTAtJT CITY MANAGER/PUBLIC SAfETY DIRECTOR DATE: SUiiJEC�": NOVEMBER 7, 1975 �'OVEMBER 10, 1975 PUaLIC HcARING ON IfJTOXICATTiJG LIQUOR LICFh�SE APPLICATIOt� FOR RICHARD D. POVLITZKI - FRONTIER CLU3, rNC. On January 9, 1975 I advised your office that it �vas my recorrnnendation .that an Intoxicating linuor License not be granted to the appl�cant in ' this case. This memorandurn is to reconfirm my recommendation at this time. • . - The Fridley Gity Code, b03.072, sta�es in part that tne`Public Safety Direc�or shali cause to be made an investigation of applicants applying • for Intoxicating Liquor Licenses in the City. The Code also states that it shall be necessary for the Public Safety Director to make a. ��ritten recomnrenda��ion and report to City Council, an� further that addit�or,al irvestigatien may be ordered by City Council �vhen decaied �� • . necessary. � . .,. ' i The basis for my recom��nendatien is primarily founded on a review of cfficial Po�ice Recerds regarding the Frontier Club. Lieutenant Nowa.rd Rick of th� Fridley.Pol-ice�Dzpartment waS assigned the task of revie�^ring the official Police Reports regarding the Frontier Club and making a statistical summary of the number and nature of reports in our files. 7he results of Lieutenant Rick's investiyation reveals the r'ollowing statistical information. There have tieen approximately 122 official record�d Po7ice Reports regarding tne Fro�itier C1ub from May 4, 1563 to July 1, 1975. Ii should be noted that these are ofificial recorded reports and does nut r.ecessarily refleci all of the situations in which there i•ras f�olice involvc.ment at tlie Frontier Club. In analyzing the 122 renorts, �•re find that 57 reports could be classified in th e area • of disorderly conduci;. Thirty-six, of the disorderly conduct category � reparts involved fights at the establisf�ment and the remaining 20 ' reflected oth�r forms of disorderly conduc:t. In addition to the dis- orderly conduct categorv we find 22 � f - „s ..ases o s�mple assault, 4 cas�s _ of aggravated assault, one robbery case, 9 cases involving burqlary . an:,i 3 i nvol ti�ed mi nors i n the C 1 ub or• consumi �g i n.t.he f.l i�b, and the remainirig 20 were for other types of miscellaneous rePorts. Although 1;1�e mere number of ofificial rehor�s is of some significance, I feel the nature of many of tt�es^ reports such as disorderly conduct including fiyhts ar.d Yarious assaults, reflect an even more significant point for consideration in determininn 14hether the manaqement and/ar rnployees or ti�is Ciub have been abin tn t�easonably control the activities rrithin the Club and reasonably provide Sor tl�e safety and welfare of their patrons. There are also other reports not inc7uded in this sumrrary x�hich are of a mere personal nature regarding the appiicant(s) which I feei are not ger•mane to the issue or may not be relevant. to the operation ' of the aci�sal Club. � � � l�s�" ' � I ,: F'U61_IC HEARING M[ETIN6 Of NOVEMaER 10, 1975 ' PAGE 9 � �. � , It appears reTevant that possibly 1 should call it to your attention 'that as a result of two arrests being made in the Frontier Club in February of 7965 for two minor girls drinkinn, that the Club's license was suspended from Ptarch 2 un±il 1larch t3, 1965. Alfihough it is recognized ihat tfiere has been a significai�t time lapse since this suspension, the �� Police Department is prepared to present evidence and/or independent witnesses to attest i:o the allegation that this same type ofi activity has occurred within the pasi year. � ! It should also be noted at this time that the Police Department is t prepared to present testimony fro�ii Police Officers with respect to i:heir observations of the aperations regarding the Frontier•Club as it � relates to their official duty, in the recoi�dinq of.Police reports i � regarding so+>>e cf tl.e instances referred to above. It is also my under- standing that there tivill be citizens available at the Public.Hearing � to advise Council of the citizen's knowledge and/or observations regarding ordinance violations at this establishmeni. I JPH,'��r � Mr. liill stated that due to the volume ard time constraint, they chose not to go through aii the reporis. Ne said vre do have 411tI1 us two juveniles, ages 15 and 17 that can advise Council of their involvement within the Fi°ontier Club as tvell as an independent adult tivitness that �vill verify their statements. He said to his ' knoi•rledge their testimoney basically resis on drin�:ing 3.2 beer and intoxicatirg liquor within the establishment. . Mr. Hi7] then called upon (iriari McLean to te17 before the Ccuncil what his observa- �ions have been, and what he has �een permitted to do within the Frontier Clu�. �� Brian 1�1cLean said about four ot, five months aoo,he w�s permitted to go into the. � j Frontier Club quite a fe�v times and drink. He said there has been a lot of fights in tl�ere ard the oi•�ner has not called �he police and things of that nai;ure. Brian said that he was 17 and 7ived 9n P�iaple Grove. ,4 The Public Safety Director asked if he,f�ad any particuiar knowledge ihai this was the type of location i:hat juveniles could go to for the purpose of consuming beer. Brian said yes he did. The Public Safety Director asked if ihis was common knowledge a.mong his friends, and [3rian said that it is. � 7he Pi�blic Safety Director asked what the purpose was of driving 1:hat distance fr•om P1ap1 e Grove to Fri dl ey. Brian said probably because it ��ras the only place il�ey couid g�i in and drink under age. The Fub1ic Safety Director aske.d if at any time the o�,�ners of the Frontier C1ub asked for an I.D., and Brian said no. 7he PuUl7c Safet.y Director then asked if he rras ever injured as a resuli of being in Lhe establishn;ent. � Qrian said y,es, qu�te a fe« times. He sa9c! he J�ad a brokei� nos�, bruises on ihe face and a coupie of broken finrer°s. The Public Safety Director asked him if he called the police, and arian s�id no. He tf�en asked him if the own2rs called the police and Qrian said he did at one tin�e. The Publfc Safety Qir�ector asked i3rian if he drank any intexicating Tiquor versus 3.2 beer. [3rian said yes he did. Ti�e Public Safety Directo�° asked him if he brought the intoxicating liquor intc the Frontier Club with him and he replied yes. Th� Public Safety Director asked if t,e knew if the Ptanagement observed him drini:irg hard liquor in thc establistunent and 3rian said yes.' He asked f3rian �+�ho the person way Lhat observed him and [3riaR said it was t�ir. Povlitzk;. The Pubiic Safety Qis•ector asked if hc knevl him personaily. arian repiied not really -- that he has talked witlz him a few times. - - 1 . : . . . . .... .,, . ,... ._._. _.. ....� .�...___ . _ .. .�..� ___. __.... ..:.. ...,_..._._ .,.....�.j_..�.._..._..........�,. ....u.. _.._.......,. �_ y 17� , PUaLIC.HEARING MEETIP�G OF NOVEMfiER 10, 1975 PAGE 10 � The Public Safety Director asked if Mr. Povlitzki had served him beer and 6rian said yes. . The Public Safety Director asked Co.uncil if they had any questions. There being none, Mayor Nee thanked �rian for being there. The Public Safety Director asked if Pat McLean vaas present. He explained that this is an adult sister of Brian, �•rhom he believes can substantiate arian's statement. He asked Ms: McLean if that was correct, and did she have anything to add to that. Ms. McLean said that was correct and that she was with Brian when he was in the Frontier Club drinking. The Public Saf�ty Director asked her how old she was and t�ls, McLean said she was 14. The Public Safety Director asked her if at any time she saw the o��rner or employees checking I. D. cards of juveniles. I�ic. McLean said she knew for a fact they never asked 6rian because she saw him come through the door, The Public Safety Direci;or asked if sile ever observed any fights in the establish- ment while she was there, and how many times. Ms. h1cLean said yes•, about six or seven tiries. The Public Safety Director asked if the Police were called any of those times. She replied only once that she knew of. The Public Safety Director said he r�ould like to comment to Council that th�s incident they are referring to at this time, was an official investigation of the Police De- partment. He explained tha� charges are currently pending against the Frontier Club regarding this pai�ticular situation. He said it happened in June or Ju1y and the City turned it over to the County Attorney because it appears to invoive a gross misdemeanor. They are currently actively pursuing the investigation. Ne said they have noi: heard back yet as to what their intent is as far as a gross misdemeanor, or he safd, it may come back to the,City as a petty misdemeanor. The Public Safety Director said at this time, he would like to call on another juvenile, Greg Brooks. He asked Greg what City he vras from and asked him to tell Council what he has observed in the Frontier Club and what he has been permitted to do in there. Greg said he a�as from Maple Grove, and about four or five months ago he 4Jd5 in the Frontier Club drinking about two or three times, and he was not asked for an I. �. card: . The Public Safety Director asked him why he came to Fridley to drink and Greg said because he knew he could drink there. He asked him if he was a friend of Brian Mclean's and Greg said that ile was. The Public Safety Directo�� then asked Greg if there had been any discussions between he and othei° friends, and is it com�non knowledge among�the juveniles that they can drink at the Frontier Club in Fridley. Greg said yes. He asked him about'how many would he estimate within Maple Grove, and Greg said about f�ur or five. He asked him if he was familiar with other juveniles coming over to the Frontier Club and he said yes. The Public Safety Director said for the record he would like to have his age. Greg said he was 15 years old. 7he Public Safety Director asked Greg if he had ever observed any fights in the ' Frontier Club. Greg said yes. Ne then asked if there had been any attempt by �� management to control the fights, nr if the management in any way started the fights. Greg said no on both accounts, The Public Safety Director asked if he had ever Leen permitted to drink intoxicating liquor in the F�rontier Club. Greg said no, all i;hat he drank was beer. He i:hen asked if he was asked for an I. D. card, and Greg said no. Maypr Nee thanked Greg for coming before the Council, -� �� I �� . , �� . i' �� ;� i � � d 'r � .�:____ Y....__.. _.. � � � � � � � � • 1 � � , . � � , � � � _.____.._ _..._.._---_._..... __----.__------ _._ -----. _..._..r--��-- - --........._._�._—___....� _. 1.7� PU[3LIC N[ARiN6 MEETI�G Of NOVEMf3�R 10, i975 7he Public .Safety Director said these were tf�e three people he was aware of. Mayor Nee asked if anyone else wanted to speak. PAGE 11 A citizen of Fridley a�Lo ��as present adUressed the Council and said he was curious as to �•�hy the people ti;�ere here from ��ple Grcve. He explained that he was present for arother i�sue, but he was c�mious as to tivhy they vrere here giving their testimon��, �vhich he did not necessarily agree ��rith. He said what he sees going on Ilere did not seem right.. He asked why they di:d not ask Qrian where he got the intoxicating liquor. . The Public Safety Director said he thouoht he had covered that, but to be more ' specific,because of a specific cemplaint from the juveniles parents after they learned that this activity was noing on and after i:hey verified it through the adult daughter. ThEy are concerned about the activities of the Club as it is now, servirig 3.2 beer to j w eniles. He further explained that the drinking of the hard � liquor is s.rt of a sec.ondary issue which no�� puts it as a gross misdemeanor. He said he did not wish to comment on this any fur:.`ier at this time since it is under i investigation. He further expiained tht the juveniles were here on their pwn ; volition. • Mr. Dennis Czeck, 1395 Onandoga said he li��ed one block from the Frontier Club. - He said he is also here on another issue, but he ti•,anted to say that he has lived in the neighboi°hcod since Decemaer of 196f3 in a Mobile liome Court, and he has not had any problems �vith �he Frontier Club. He said he has a foster son, 15 years old, who went in there one afternoon to play tfie pinball machine, and he was not permitted • to si:ay in the Frontier Club. He was asked to leave. He said he ji.ist wanted it to be on record that he personally has had no trouble with the Frontier Club frbm a j neighborhood standpoint. � Mayor Nee said it i^ras rc,evant ai�d thanked P1r. Czeck, and asked Mr. Hill to proceed. The Public Safety Dirc:cter ther. called on Officer Ne;l Duncan of the Police Depart- ment� Wi1Q car� possibly just speak o� the geiieral kiioi��ledge he has conc�rning the Frontier Club or any specific case he may have to relate. ` Officcr Dunc��n said bc specifically wanted i;o talk about a case that t•�as investiyated by Syt.Voigt and hiir�selr, that occu,°red in A�ril of this year. He said l�te one eveninq, �wo individuals entered the Frontier Clul� and recognized some people at a table �ti�hom they had some previous f,�°oblems ��ith. They realized they were going to have simiia�' p��obl�ms ��hen they lefi i,h� Cluh, and asked f�ir. Povlitzki to call the ' Poiice, and ±hey �-;cuid li{:e to ha✓e a squaci car stancl by until they could safely leave the estab1ishment. This s�ras not done. He said they �•JOU�4 not make a telephone call for• ti�e defendants ;n this particular cri!;�inal action. Ne said tliey tvere, in fact, forcibly ejected from the Club and ;nce outside Y�ere severly assaulted. They both required extensi��e medical atteniion. Ne explained that the suspects in this assault were arrested and brou9l�t into court. Officer Duncan explained that this was one of several assault. prot,lern< <•�here th��y have had na cooperation fro;n tf�e P1anagement . . of tLe Fr�ntier Clut�, and 4ti�fiere the Police have been re�used to be notified of a problem or a pending praulem �vit�?in the Club. Frances Bennett, 1370 - 7'th A��er�ue P,.E. said tfiat he lived just behind the Frcniic�r Cluh and he h,s had no qualms ��:ith i.hat area. Ne said the numher of cases cited for disturbances, one could go into about �5i of the married homes, and find that nun��er since 1963. C.ounciin,an Starwalt said i:hat he �vould iike io put things in a little better context. He explai;�ed that w2 ��ave r�opened thc Public Ilearing and there have been some very j strong si.atemen±s made tc�,�ard i;he Council not takiny action on this case. It has j been dragc�ing alonc i'or some timc�. He saici as he pointed out, there was a very care- � ful attempt frc�m tiie 7awyers repi,esenting the case to actually,in his opinion, suppress ithe r•elevant: material and the fac± that Lhe Coiincil �nusi: b� very careful. We have . been tolu we would Lc sued �•rhatever ti•�e do and so we are attenTpting, if it seems formal , ancl proper, to try to do vrLat is rir�ht and pro��er for the City of Fridley. He ex- ••plair,ed that thc Frontier Club 4,�as in liis warcl: ;te ,aid h^ did not know the juveniles would be present and �� dicf not ki�oc,� the natui�c of their testiinony. Ne does �el ieve it is relevant, but he does understand why Mr. Gerinctt h�s some qualms about it. He �uri:her explained it��t s�;!�at•the Co�mr�� vilt �sltin�at�ly l�ave to do would be to say yes � or no to this-applicat�on for a rese!•vat:ien of r+ lir�uor license and tve vrant to do the j riyht and pro{�er thing for the City, the u�vner, and for everyone concerned. ! ( . - S � ....�.......�.-..'-`�r_' _— - '�+i — _ _.�•y�y�.Y�L..n.r.�u .y.�� . I I � I � � I � • � I � • •PUI3LIC NEARING M[ETING O.F NOVEt�1QER 10, 1975 PAGE 12 �^ ... . �' � Mr: Qennett said that he had no prior knowledge of this. He came in for another "? issue, but.it sounded like a railroading to him. . Councilman Starwalt said he fully a rees with him but ha ' � �� 9 , v7ngsat in on all of • the previous meetings, he says, no, it is not a railroading, '' Mayor Nee said there has been a great deal of testimony prior to this hearing. ' �` Mr. Le�f Henriksen addressed the Council and said that he has been going to the Frontier Club since 1959 and it is a rough place. He commented he did not go in ther•e any more. He said two days after the first time he was in there, they `ounci a man dead in tlie trunk. He said that probably the Police knear about this incident. He further remar{;ed that it �•�as not the kind of place to take a lady because one could �et bounced around. Ne said he would like to see the place closed down in Fridley. The Public Safety Director then called upon h1r. tdaldemar Olsen to address the Council and tell of his observations of the Frontier Club. Officer ldaldemar Olsen said that his first case is a criminal homicide which took place in the Frontier Steal: Nouse, 7373 Central Avenue that there was a shooting • in process. Upon his arrival he said he found a man in a booth•who i�ad just been shot in the abdomen, several excited patrons nearby and a large crov:d in the par{:- ing lot. The man subsequently died in i:h�e hospital about 15 minutes later. He was a bartender at the Frontier Club and had ►�ralked over to the Steak House connected to i:he bar, through the kitchen. Officer Olsen said by the tir�e he arrived, a1; 2:05 A.M., he eralked to the back and into the bar. They ��rere still opened and a few people 111 the bar at that time. The man that was accused of shoot�ina,the bartender was subsequently convicted of manslaughter. Officer Olsen then explained arother situation which happened September 9, 1974 at 1:20 A.I1. He said he was nakinn routine patrol and he vie�ved a car leaving the frontier Club parking lot. He said it v�as an older car and was dra�ginc� its entire tail pipe and muffler assembly underneath and it �•tas sparking along the roadivay. He explained that he stopped thz vel��i•cle on•�entral Avenue and 73rd and found a teenager male �-rho appeared drunk. He arrested him for driving while �mder the influence and took him to the police station where his parents came and got him. Officer Olsen said that the juveniles statement to him was that he had been drink- ing�beer at the Frontier Club in Fridley and he had not been checked for I. D. or age before being served beer. He said he was 17 years old. The ju��enile was sub- sequently convicted of driving under the influence of alcoholic I�everages. ' h1ayor fdee said that there was time for further conrnents if he cared to make any. Officer Olsen said that he has been �-�ith the Fridley Police Department for nearly ten years and i�as probably been called to the Frontier C]ub at leasi: fifty times, to break up fights, patch up people, bandage their faces and arms and sometimes bandage up himself. . Ftay��r ►dee asked Officer Olsen if he heard him co��rectly that at 2:05 A.P1. there were sti11 people in the Frontier Club. Officer Olsen said the nic�ht of the homicide, after the victim �vas transported to the hospit�?, he was makin� a routine investigation and trying to find witnesses, he walked around the back and d�d fii�d some people still there. Mayor Nee asked Officer if the F!,oni;ier Restaurant was part of Mr. Povlitzki's operation. . Officer Olsen said that it chanceS flUI11 time to time. He said at that time, it was connected and it was open, and he beliered htr. Povlitzki was the owner, but that he �vas not absolutely cer�ain. He exrlained that he had mana�ers in there from time Lo time, but he presumed Pir. Povlitzki �•�as tf�e owner. He said on #he night of the hoaiicide, h°,r. Povlitzki and his �,ife were in Nashville, Tennessee. tie was not there. i i � . .. ...� , ,. ... . .. ... _.__.._.__ _... .�._ _ .._.. � � . I � � ' ' � . ' j�� , � u � �J � , � � � __.____..___ ...._ �... .�_ �'! 1 PUaLIC.HEARING MEETING OF NOV[hIf3ER 10, 1975 PAG[ 13 The Public Safety Director then ca}led upon Sgt. James Sprungman and said that Sgt. Sprungman �vill generally speak of his experiences at the Frontier Club, but he would also like for him to speak about the issue of delivering the notice; Sgt. Sprungman said that he delivered the notice by hand, in the absence of Mr. and Mrs. Povlitzki, Lo the mother of Idrs. Povlii;zki, who apparentl.V was taking care of the children on ihat date. She assured me she would give it to Mr. & Mrs. Povlitzki when they returned from Detroit Lakes where they were visiting. Apparently, he said, they are operating a business there. Sgt. Sprungman stated that he has been �aorking for the Folice Department as a supervisor and officer for approximately 12 1/2 years. In that time, he explained, he has been i;o the Frontier Club on official business approximately thirty times and probably� several hundred times on personal aralk th�,ough's and inspection of the premises. The reactions to the walk through's and inspection, as he said lie sees his duty as a police officer, have been hostility, co+�tinuino non-cooperat�on, indifference and non-concern. Ne said that he believed that there SYdS never one time whnn til� cwner or the managers had cooperated with him in his endeavor to c.hecl: Li�e premises. Sgt. Spruncman said he thought he could speak for the officers working for him and for himself, tc say that ti�e Fi°ontier Club has been a continuing e,ye-sore and a blot in i:he n�me of the City. lie said he has personally been involved in several arrests there for late operation. One i�nstance they were open at 1:24, another one past 1:30 A.h1. He said he had personally been assaulted twice in the Frontier C1•ub by patrons resulting in.arrests. He said he was not injured personally, but , several officers who worked for him had been hurt by attempting to stop disturbances. He said his personal feeling of the Frontier Club is that. it is by far the worse .o operation in the City and it has achieved a degree of notoriety in the entire noriheast area. The Public Safety Director asl:ed P-1r. Sprungn�an if he'had any specific cases to repori. _ Sgt. Spru�igman explained that some of tliem were �f a personal nature vrhich he does not feel entirely relevant before the�Council at this time, in connection t-rith issuing a license. Fle said other officers have been involved ��ith assaults thai have taken place in the Club. !;e further explained that in one instance, at 1:2�4 A.M., they ��ere called. htr. P�vlitzki had a group playing for him and the question of monitary compcnsation caine up. Tne gentlemen involved ��ere from out of Stat.e, and the Owner-P?anaqer, 1�1r. Povlitzki had seized their instruments and refused to pay them for the evenings playing. The result.of ii; all was that there was an assault, the O�,vner tried to bodily thro�,� the musicians ouL- and retain their instru- ments, Subsequer�tly, thei°e v:as a law suit and several assault charges filed, which were later dropped. Sgt. SprGngman said it has beerz his experience that the enter- tainers have not al��ays received their money and in this case, they were threatened to drop the charyes that thcy had placed �nainst the Owner-Manager. Mayo�° Nee asked if he meant they were intimidated, and Sgt. Sprungman said yes. The Public Safety Director said they did no± have any other police officers present at the time. fle said therc are many othei°s on the street that could attest to what thcy'have observed at the Frontier Club, but he did not know how much further the Councii �-,anted to go Wlth �I1C' testimonies. He said thai iieutenant tloward Rick was present and could discuss any of the 122 cases.he has read and summarized, but basically the thought they ti��ould 'ue specific summaries and general comments that have been i�ade. Mayor Nee thanked Mr. Hill. Mrs. Helen Truenfelds said that shE would like to make a comment. She said she has never been in i:he Frontier Club, but lasi: Satur�iday night she was on a ride along program with a police officer and they received a ca-11 to go to the Frontier Club at closing time that there a�as a disturhance in the parking lot. Sh� said by the time they got there, there wei°e four other squad ca'rs there, plus a squad car from Spring Lake Park, atl for the disturbance call. She exPlained that she just wanted to bring thine�s up to date. She said she felt quite sad because another call came tlirc�ugh for assistance and nobody was available to answer it, so it does cause some problems. . t ,� � � � � �. � : i i7R . � C PUBLTC tIEARING MEETING dF NOVEM�ER 10, 1975 PAGE 14 �.. Mayor Nee asked tY�e Public Safety Director if he had any information on boot- legging in that area. The Public Safety Director said no, not in an official case summary. We have undocumented allocations. No official case summary or factual data on this. The City Attorney said if there were no further comments by the Police Department �he wo�ld then asl: P1r. Sobiech to comment nn an eariier agreement that t�as entered into bet��reen the proprietors of the Frontier Club and the City, wherein the . Owners of th2 Club had, in return for �uilding permits, agreed to do certain improvements, some of �•:hich o-rere not done at this time. The City Attorney said he would also like to add that the records shouid show that the Council has received in the consideration of this application, infcrmation from the Planning Commission and the lippeals Com:nission when they have considered questior of rezoning, and that information is officiaily before the Council, in addition, Mr. Sobiech has prepared an opinion as the Zoniny Administrator, that the present;;zonin9 did not r,erm;t an on-sale liquor licensc. I believe tiiat memoi°anu�um or opinion has been submitted to the Council, he said, and asked ��1r. Sobiech if that �vas ; correct. � Mr. Dick Sobiech said that �•�as correct. That opinion regarding the extension of a legal non-conforming use r�as submitted vrith a recommer,dation from the Appeals Co�r;nission. The City Attorney said he v�ould•like for the record to show that Council has re- ceived that previously. • h1r. Sobiech said basically, the Anreement consisted of a mutual promise by the City � to grant a building pennit for remodeling to the premises iri return for• certain considera�;ions by the orrrers ef th2 Ft�ontier Club, f�ir. Povlitzk-i. At that time, on i�;arc1� 21, 1969, �it ti•�as agreed that 1°ir. Po��7itzki would landscape, blacktop, cui,b and fence ce��tain areas on the premises as shown on [xhibit ,A, V�hich is attached to : the Ayreement. This Lx,hibit indicates the exten� of the construction improvem.ents on curbir,g and fence instaliation, toyether �vith removal of stor��.ge shed. To ' c�.ate; the items that have been completed have been the fencing, �•rhich have been ir" the state of disrerair, The front bay parking lot was blacktopped and the storac�e building tvas removed. The items that t�rei�e not completed according i;o the Agreenient signed and the �xhibit attached to the Agreen�eni, ��aere the curbin9 tl�a1: <<�as supposed to be installed on the fl°onc, rear and si�e of the nremises and the actual sodding to the extent sho��rn on the Exhibit, the blacktopping on tiie rear parkir,g designation for parking stalls. i hiayor Nee asked if there ��ere any comments by the Administration. The City Attoi�ney said he believed 1.hat co�np'letes the information that Administratior has unless the City Manager has any ad�it�ional cominents. The.City Manager said basically this is ti�e rnai,erial we have for the Ccuncil's consid�i°ation and that this completes ��rtiat 4;e intend to present. , Counc�ilman Star�valt said he t•�ould like io �orameni;. He said he would like for Council to relate �he pre-requisites for a liquor license including the new State ; law, the food versus liquor, and ho�;r we originally got into tiiis situation. He ; said that he believed it was relative. i The City Attorncy said originally, tihe State Statute was interpreted to require � the restaurants to have 50> or n�ore of their income fr�om the s�le of food as npposed to Lhe salc of alcoholic t�evera�es. The City oi` Fridley, in adopting • ft's -0rdinance, included similar prov?sions. After� that, t:he L.e�islature did amend their Ordinance to lessen the rc�uirements �nd the City Council has been considering whethei° the C�ty Ordinance should be amended to require a percenta9e, but possibly less than 50�. . � � � _ ! . � � e , � 1 � � . ' 1. � � 1� � . � LJ t � i �PU6LIC HEAf2ING OF NOVEMaER 10, 1975 , 179 � PAGE 15 Councilman Starwalt said if he could continue, at the original hearing there was strong feelings by himself and other members of the Council that we must hold to the restaurant concept of licensing establishments, ie: Shorewood Lounge, Sandy's, Ground Round, and George's in Fridley. He said he believed that was the ext�nt at this time, but that they are fully established restaurants with suitable kitichens which adt�ere to the seating requirements. The Frontier Club is in no way a rest�urant establishment and when the oti•�ner presented his case he said he could meet the requirements if the others are meeting it. That was not a good enough ans��er for me. At one time he said he had purchased some equipment for the kitchen, meeting the requirements. Councilman Starwalt said to his knowledge the complete plans for the kitchen have not been submitted to the Council at this time. Councilman Staralalt said he would also like to mention that h1r. Povlitzki had said in rather st�°ong language that he �•ras very much in disfavor with the way the City was being run, and that he �•ras going to leave the City at the earliest opportunity due to Police harraseinent at his establishment. °lso, during the hearing there were no persons-that came forvrard indicating that they �•�ere in favor of this nor anyone coming for�•rard disappi°ovinc�, or �:�ho �vere not in favor of it. In a very careful cf�ck of the neighborhood, I aras told :y people not in favor of issuing a lio,uor license to the Frontier Club, that they ��ere afraid to come before the Council and say this. Councilman Starwalt said they did not use the word intimidate, but he felt perhaps this vras the case. He said he represents the people of the t�lard, and the people of the City. He would have to do what he thinks is right and proper. Councilman Starwalt further added that �-re attempted to skirt sor�e of the testimony that was put here, not intentionally, but the ��ray it �vas presented tl�rough legal council for the 0�•rnei°, and t�e ended up actually closing the Public Hearing when it was incomplete. He said this time I am trying i:o make sure that when it is closed, that it is complete and proper. A visitor attending the meeting asked Councilman Starv�alt who he spoke to in the neigh6orf�ood. He said na one came to his house. Councilman Starwalt said he would not disclose of any names, He did not contact all of the people, but he did contact quite a few. ' This geni:lemen replied that perhaps he felt like the other gentlemen, that perhaps � Mr. Povlitzki �-las beiny.railroaded, and that he never had any problems t-tith the Frontier Club. He said he was also wondei°inc� if a liquor license would up-grade � .the Frontier Club, but he said it did not make any.difference to him one way or the � other. . Mr. Leif Ner,�,iksen asked how man,y laws does a person have to break before the City takes his license. He s��id there has been t�•�o deai;hs in the establishment, and some of the bartenders are sitting in Stillwater now. He remarked he did not. think it was fair to all of the fine re�taurants in Fridley. He has children gro��ring up in hridley and has established a home in Fridley and•he does not like to see hoods being brouqht in from out of�State for bartenders or bouncers who shoot at people, and that has happened, twc people were killed. . Mayor Nee stated thai: probably one of the problems is having witnesses that collapsed on us. lJe �ti�oul.d get a complaint and then the witness decides he does not arant to testify. The City Attoi�ney stated that there is a relatively new Statute that WdS adopted by the last two Legislatures tha4 say� individuals with prevfous conviciions could not be considered by the Municipality of determining whether a license can be granted. He said he tvould be the first to say it is difficult to interpret this Statute and that there lias been sorrie court cases that have interpreted it although there is disagreement as to what it means. He said he has discussed this matter with both the Attorney and Attorney's ;eneral staff who specializes in Municipal Affairs, together with the legal council for the League of I•tinnesota ��lunicipalities. They have both advised me that the records of the Police Department as it relates to previous activities in the establishment can be considered by thc Counctl in determining �vhether or not the license shoulci be granted. �I discussed this with Mr. Hill and we ielt rather thar to intr•oduce the Police reports, as such, we would prefer to hat�c the officers give first hand knowledge. However, there is a Suprcrne Court case that says Police documentation can be considered. I would -�� _ � 'r { ' � ,- .� � � i. � � r. � l s � � i i��il) PUaLIC HE/IRIP�G MEETING OF NOV[MQER 10, 1975 .. .....:... ._.-....... .�_...._.._.... .w.r.. �� 1 i I ...�,.r. . a._. .�w.�.. ... . .. .....'_ -"� y . PAGE 16 �• . suggest to Council that they conside�, the testimoney of the juveniles and the adult . here before us this evening, the reports of the Police Officers and ta{;e into consider� tion the recommendatian made by the Public Safety Director. A visitor asked if the Owner of the.Frontier Club was putting forth any effort for his establishment to become a restaurant. ' Mayor tJee said he did not know of any ef�fort in that direction. The visitor stated that accordirig to the �rdinance, he would have to have a restaurant in order to obtain a liquor license, and asked Council t��hy they were even considering the license. Councilman 6reider said he could respond to this. He explained that in this case the applicant was asking to have a license reserved in h�s name until all of those particular requirements tvere met, for example, zoninc�, kitchen i.mprovements, etc., before the license ��ill actually be issued to him. Sut at this point and time, he is asking for a reservation of a liquor license. The City Attorney said that the license, if it were to be granted, would be subject tc.a-1 the mattei°s or requirements of the Or•;nance. h10TI�N �aas made by Councilman StarU�alt to close the Public Neariny. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Ma,yor P�ee declared the motion carried unanimously, and the Public Hearing c7osed at 10:15 P.P�1. FROPOSED HENRIKSEN PLAT• . � Mayor F�ee requested to go back to tlie Public Hearing on the Proposed Henriksen Paat. The Public t-;orks Director described this next street as being 71'Z Way - Riverview Terrace to the East (Proposed H�nriksen Plat). He explained that at this time, we have a pi�eliminary estirnaie and have !°e��iewed the arca, 'the cost being in the order of fi��3,25 pAr feot. This includes storm sewer construction together N�ith improvements in order to try and eliminate the impact and provide access to Rivervie,-� Terrace. He fu�°ther explained that �vith the stoi,m sewer incorporated into the plan �,re can miniriize the impact and.not have quite the cut or any cut through the abutting properties that presently exisi: adjaceni to Riverview Terrace. ld`e ��rill follow the existing contour of the terraine in the area and the basic width of the street would be 25 feet baci; to back. �Ihere �•aou]d be concrete cu��bs and gui:ter, bitiminous mat. The cost is higher than tl;e o�ther streets basicallJ because ofi ti�e request of the storm sewer consideration. Mayor tJee asked if the storm sewer t•ras considered in tiie fi18.2,, and the Public Works Director said yes, that i:his storrn se�,�er is a result to the fact that we try �o construct the streets at the gracles i:hat presently exist. Mr. Novak, 145 - 71Z Way, Lot 34, said ti�ai: at the estimai;ed costs he couid not afford this. The total amount comes to.approximateTy 41,,000 for the street alone. This is �ased on $6,'845.09 on three lots� WhiCh he Conte��ds he does not have. He said just for taxes and assessments, if taxes cio not go up any more, about $300.00 if he would not sell the lot. . There tvas considerable discussio� bett•re2n �4r. znd ��rs, t�ovak and thv Cit,y Assessor and the Council pertaininy to the pos�i�le divisi�n of the lnis and �ihich way they could face and the toi:al square footage. t�rs. Novak said she t�ad another question and asked if they would be charged ayain for starm se�vers. Tf�e Public 4torks Director e;:plained that in tiie proposal ti�re are going 1:o supply � utilities and storm sewer outlet for this area. Mr. Small�vood, 7180 East River Road askect who would i�e n;y�ng fcr Sec+ion 30, as it is school property. Mayor Nee explained that it is �resently ,�rc�posed ta hili ttie.school building. Mr.•��n ��edron would probably like to r.ommcnt an whe±�.her it is usable to him. r�� i :� ' f � . ,Y eWW �- •_•�•�Yi.ure.e�4iLMlW��16+�0ayiraY�v M•.•!.�.•� �m�r. °Q Yaa.s'�wi.�:�' "'+�.•�sr.-.- .....• : a'" �-__�.� .. ._.��• - - _ _- -_ �y�t�..w. - _ _ - ��v � � l I + • • 1 i � � , ' � ' I I ' � i { .� I j � . ! t � � � PUBLIC HEARING MEETING Of NOV[MaER 10, 1975 Mr. Hedron said his feelings were that the school board wou]d agree with h1r. Henriksen. He said his first question �•�ould be does the $1II,00 include storm sewer. The Public ldorks Director said the $13.00 includes storm sevrer that a+ill be installed in the street itself to foll.ow t��e terraine to allow the water to enter into the existing storm sewer. , Mr. Hedi°on said they have already paid the stor�� sewer assessments. PAGE 17 The Public t�lorl:s Director explained that in this case he did not believe the school vtould be benefi±ing from the storm seN�er that much. 7he majority of people benefiting from th2 storm setver �,�ill be paying for.it. The storm sewer that will be constructed and ��rill be insi:alled approximately at this location would provide out-fall for the water from the area. i�1i°. Hedron asked �•�hat eras the rationate for cf�arging tf�e front foot for the storm se«�er construction. 1 The Pufalic. •'�rks Girector explained ti�at if there was not a street- improvement ihere ��ould not be a need for a sto��m setiver and approximately 53.00 per lineal foot could be subtracted from the �1II.75 if the storr� sewer costs t-�ere included in that street improvcment. � r i � .� . ; 1 � � , , 1 , , � f .t � ; � , � M Mr. Hedron also cornmented on the cul de sac. He was i�nder the impression at the last meeting that there ��;ould be a street almost.to East River Road. He said now it appears that the cul de sac would be at the side of the back stop at the play- ground. 7he Public 4Jorks �irector said they were tryina to serve the easterly property that neecis an outlet fror� this area. It �•�as felt that this property o��rner on ,.,, lot 32 had the poi;eni.ial of developing his property or splitting this property at ti�rhich time f�e wouid access one way aut East River Road: '��' Mr. Hedron said 'ne would like te renzind the Council tliat the Board of Education did express a spir•it of cooperation, but in view of what he sees, he thinks they wili feel that this spirit is in jeapordy.• It �•rouid fiave to be up to the Qoard of Educai;ion to make the.decision. Gordoi� Sanyster commented that Lot 3, [31oc(: 1, and the lot immediately to the soui:h,.P1r. Dahlquist's anu Mr. Novak's property, a��d I am sure tl�e school property, were included in the st.orm se�rer assessrnent a fe��r years ago that provided the outfall 1;o the river from the area you ?ndicated 'it.is going to. You say that the raiionale for this v�as, if the street were cut dowr so that the water couid no�•mally drain, tnere s�rculd not be a need for this, consequently, there wou1d not be an assessm;,nt �gainsr i;his propert,y. I thought one of the reasons why we were taking the road that �•aay tti�as because there ��rould be a public safety problem to take it to the River Road. Therefore, public �afiety on one hand dictated going to Rivervfetr Terrace for safety re�xsons, then put �n a retaining wall whicf� I think is equally a safety problem. He said he yuestions whether any of these properties that have al;�eady paid for the storm sewei° assessmeni:s should ta{:e it because of public poiicy that provides a raad on grade, which I feei is a safety hazard regardless of hoi•r you lock at it. ' Mr. Sanc�ster continued t:o say, secondly, as far as access to East River Road there is a much cheaper way of handling this propert��, ��rhich �vas suggested five , years ago, to run the road to East River Raac1 with total acr_ess to the area. It could be shuC off at Lot 34 and still provide necessary vehicle access to the � school, n sidet•ialk could be run down the middle of that easement in such a manner that iC could drain that area on 9rade and could be done sa that you 4m u1d not have to put in a retaining ��all. He said it could be s�rell terraced to the Uack and provide yood drainage and could eliminate the storm sewer• through tize area. � �� . � ,{ 1 i � • . ��. r: .. � . ..... � - _ . .... �._ _.._.._....... r_..�...._.....y-.�....._._..�._ .. _ .,.......___..�._...: ....�_..._.,._�..,..........,_,........ 1 {� 7 � �. PUaLIC HEARING MEETING OF�.NOVEMBER 10, 1975 -_w..�___..._............._.__ -� ._,...,+i;�,� t , f, .I PAGE 18 � ?',� ,.$ Mr. Sangster said as a property owner on Riverviesa Terrace, one of the advanta �-'I we might have by putting the road the tivay you indicated is that River Road woulds be shut off. If that arere left open, I could visualize many cars casually coming off the River Road doing one of two things. Coming back over school property � or just opening it up and coming straic;ht through. I think if you are going to ; put a road out to Rivervie�•a Terrace, it should be sealed on the River Road side, or sealed in some manner from Lot 34 so that vehicles could not come down the ; side�•ralk. He said he feels there are other alternatives we have not fully explored. � The Pub?ic Works Directo�� responded that P�1r. Sangster is right that we cannot tie directly into East River P.oad, so vre ti��ouid still have to have either the on-grade drainaye to the west, or i:he inst��llation of 1:he storm sewer systeii�. However, he said, t��e were instructed to proceed ti•�ith the improvement to [ast River Road based on i:he faci i:hat the County objects to any additional intersections onto East River (:oad. We have a signal now at 71st �•�hich o-�e feel is adequate in this area. The Puhlic itorks Dir°ector said the other comment regarding the storm sewer down through these properties, the property owners have been contacted and at this point have no objection to the storm se�-aer coming doo-m through their property. It is true �ve would be on the school property here and at this point, in order to prepare the preliminary estimate, we went through the narmal routine of preparing costs aiith the idea that final costs would have to be agreed.to and arranged for. Councilman 6reider said he still finds it hard to envision assessing one property ' • owner $15,000, that is unreal. • The City �danager said that is the normal assessment. Each lot is paying $5,000 per lot-. Councitman areider said this is true, but he is really saying it is especially hard for this gentlemen. He is not ready to chop up his 1ot into 3 lots, and assess $15,000. Most of these people could not last as iong as it takes a . tax forfeit. • 7he City Ptanager stated he realizes ii: is a difficult piece of property. It is not a�norm�31 situation. If it ��ere choice property at the beginning, we would not have this problem. The City has tried to improve .this property three times. h�o�one says it�is an easy property to develop. We are just trying to give you ' some figures.' No one is saying r:e should develop the property. We are bringing � in the facts that sho�•� we are trying to`get by at a minimum cost. As far as the drainage is concerned, by providing a pipe system it substantially reduces the � necessi�y of regrading this property following the existing terraine, is the � maximwn amount of saving of costs in grading. There is no question it is a difficult piece af property to develop. � Councilman L'reider asked �•rhat other alternatives do we have. � ' 7he City Manager explained that the problem is not the road, it is the drainage. � The school property has �•aater which coiiies off this imdeveloped property onto their pi-ope��ty, Once you allo��r the developer i:o �;ui; up homes, then the drainage - will decrease. Such things are attem{ited like sinking holes, but once you develop property you have to take care of the rJrainage. Mr. I►enriksen asked how much that piece of land is going to cost him, to add it up and tell him in one lump sum. The City Assessor said it w�uid cost �41,000 for eight lots. Ftr. Henriksen said it would never be f'easible. The City t•tanager explained that th�s is a normal assessrnent. Everybody is 1*�Yinq for water, sanitar se:�rer, storm sewer and street between $4,000 to ?`•�,000 per lot in any plat, We wilt be the first Lo adr�iit that it is a difficult j?�0p�►'tY anci that is wf�y the costs are liigh. . .� , _ ; � . _ i • . . . _. ...'►_ .. _ _._ __ _. _......_._..__. �. .. _ .�.....__...__.._.....____.W....r_,..___..._.__..____._._._.----.--- ..__....___..._.�_. _..__ . ___... : .�____.__.. � �. _ _.j~ . � 18� I � e. ' L� , � LJ � � � � �J � � � ' � ' t . PUQLIC 11EARING FIEETING Of NOV[hiQFR 10, 1975 PAGE 19 � Mr. Nenriksen asked ho�� they are going to pay taxes on a difficult piece of property. I believe, he said, that it is foolish for the City. You could come up with a better plan than that, He fu�,ther commented that he could put it in $40,000 cheaper, that he has done more research than the City. Councilman St�rwali asked l�1r. Henriksen if he has done more research than the City, �•�hy did lie purchase the property in the first place. Mr. Henriksen said �it t��as because he got a good buy on it. He could turn around and sell ii; no�� and make a small amount of profit on it. He added•that the cost of the lots are too high, and that no young couple could afford them and the people who could are not interested in i:hose lots. Councilman Starraalt stated that if ��1r. Henriksen has a better plan, why does'nt he submit a better plan. Mayor Pdee asked N�r. Henti°iksen is he �•aould give us a price on this construction. Offer us a fair price. Mr. lienriksen said yes he vtould, but that he has not estimated it all the way out yet. . 'ihe City Manager said if Mr. lieni°iksen.feels that he can bid on this project, and give us 40% cheaper price, vae would give it to him. He explained that by law we have to give the bid to the lowest bidrier. The City hianager reminded.Mr. Henriksen 'that he must realize �:f7ere are easen.ents to acquire and there is son�e additional cost of improvements just for access. • Mr. Henriksen said he a•�ould suggest just putting in a paved road and forgetting zbout all these storm sewers. tJe have nevei� worried abou± it before. People would have a n�ore valuable property and ��e could sell the properiy instead of presenting them with a$15,C00 bill. He asked if the City t•rould be interested in buying the property from him. Mayor Nee reminded h1r. lienriksen that this �aas a Public Hearing, and they could not get into that question. Mr. Sangster addressed ±he Council and �aid he thinJ:s this should be settled once and far all. I hear this assessment for the eighi lots in question and I think the real question is t��hetli2r the individual property o�•m ers are going to pay to h�lp develop th�se other lots. This is the real`question. The project serves no purpose fc��° us. I am �•tilling to pay my sl�are, but T do ti�ot think �5,000 a lot is a reasonable development cost. Councilman Starrfali: said we want to be able to settle tFiis question toni,yht; I would like to point out that lai�d values are increasing faster, than construction cos ts . 7he City Manager said he thinks the point is if you are goiny t� put in services, you are going to service these people. Another poii;t is the majority of people are willing to pay their share. ' Mayor P�ee said he felt it woutd havc �u be figured out as far as costs. It seems t� him as though it could be done. lie asked if anyone was in favor of the paving project. ' Mr. Don 4;ilson, Lot 30 and 31 said that hc has seen this kicked a;ound for approximately nine years. You nevei• have been able to do anything with it yeb. � He sai� he Y;euld l�ke to se^ it dev�loped and at the same time put in a decent road. I do not ��pprove of an access to East River Road because it is too dangerous. Mr. Novak said he just ��ranted to say that he has becn here for'nineteen years. He is not about to start paying �15,000 ��hen he only f.ias one year left to finish paying for his property. • lh� . �� { � � .: . � .. � . .._...�.. . � ;' ` PUQLIC NEARING MEETI�G.OF NOVEMQER.i_0, 1975 •� pAGE 2p MOTION by Councilwoman Kukowski to close the Public Hearina, Seconded by Counciln�an Starwalt. Upon a voice vote, a11 votiny aye, f�1ayor t�ee declared the motion carried unanimousiy� and i:he Ft�blic Hearing closed ai 11:19 f�,M, The City h1.anager said he believes a point i:o be made for closing ti�e hearing is that we have given notice �o everybody, ai,d if i:he cul de sac is extended some of these people will be assessed also. They should be aware of this additional cost. LIC HEARING OfJ IffPROVE�4[N?: SANITAf�Y SE4lER, blATER AND S�IO[;hi SEh�ER #119 � I • s I . I . � �I 1 i . � I The Public Works Director described this split is an er,tension of the sani#ary sewer system, extending to the east to serve all the proper�ties adjacent and surrounding i;he proposed plat. 7he estimated cost to er.ter,d sai;itai°y seti��ers is �13.00 per ]ineal foot. We should be serving propert9es dbG�.t77� East: RivEr Road, Councilman Breider asked if he could define 513.00 per lineal foot. The Pub7ic IJorks Director said this is as it relates to the �roperty, charged on a normal firont footage. This would include extending these facilities and proceeding to the north and east and tie into tf�e extension of the water facility. It would be �13.99 per fout and applied against inose properties. tdayor Nee commented thai it would then be a iotal of �28,00. � Councilman Breider said t�re nave �13.99 for• water and $13.99 for se��rer, that would be $28.D0 plus $18.00 - totaling $46.00 per foot. 'fhe Public 49orks Director explained that �4i>.GD per.foot does not include storm sP�ver tie into existing s�or;� se.ver facilities at Rivervieti•� ;errace. �ihe City Assessor said when we give the figure of $41,000, doesr't that inc7ude evarythir,g, water, sewer, storm sei��ei° and street imriro��ements in tne eight lots. Th� Public 4Jorks Director said that was correc.t. Ne acided that there would be 14 or 15 lots. • � A resident (Lot 32) said that he has been thinkiny about splitting the iots 'ff�e ('ubl�c.4Jorks Director said tha� if in the future he wou?d like to split, depend- ing on rflien he decides to do this, the storni se�ver can be exfi.ended. You �dould �e assessed the t�idi:h of the lot, and you ��ould have to pick up this expense. Mr. Dan Narvieur, 7?_10 East River Road said tvhen he purchased his prope�°t,y tie called the City �nd i:hey said they could ir,stall sewer and could go underneath East River Road and hook'up. The City Manager sa�d that may be true, you could be hooked up onto the sewer, ` but still be charged :vhat a normal lot ccst is. Mr. Harvieur said that the City tvould aid iri yci:Cing � reducti�n foi° the in- canvenience of yoing under the strect. The Ci�y t•1anager explained tf7at his costs would bc the sare reg�rc;less which way they yo. . Councilm��n Fitzpatrick add�d that th^ assessment �,�ould be �n an &0 foat lot regardless of how �t is i�cuked up. 7he City Planager cxplained that if e;c do samething, �� shou?d have an established 'plan. Set a patterri and stick to �IidL ;?VC�1 if a�e de not ��ant to do the entire project.r:ext year, tve should work to�,ards it. The point is we should find out from tize developer• t�rliether he ►vants it or not. It �vould ac±uall�� be favorable for hiai• lf he daes not want it, the (:ity dces r,ot. 'Mr. lienr�ikscn Cd11ii' U� with a figure of v42,000. . ....� . - ' � 1 j _ f-- , i . ' ' .� , . I I . ' � ' I � i � I . 4 � I I � ' ' I I � . , I � i � I. I � i i, � ( �. I. , �I I , ( , � 1 � �I 1 � 1 � I I' 1 � _._ ._�.__�__ : � _-_--_-.-_ _..--. _____..___...._._ ___.._.----- _._-185 �� . � � . I. PU6LIC HEARIN� MEETING OF NOVEMaER 10, 1975 • PAGE 21 � , ... . . .. � i � f Mr. Henriksen said he'would not exceed $42,000. Ne explained that he would have ; to pay sewer charges to the City for hook up and adding on a park fee would be . ;• $5,000 more._ He said he ��lould go along with �41,000. Anything over that, we may as well.close the case. _ ; Councilman StarN�alt said you are saying no then, because it could not be done for ' $4T,000. Mr. Henriksen said he cannot pay �50,000 cash. � The City Manager advised h1r. Henriksen that he has a choice of putting it on an assessment, but Mr. Henril;sen said he could not afford to pay T-2% iRterest on top of the $41,000. It �•rould not be feasible for him to go any further: F1r. Gordon Sangster said he a�ould like to speak for Mr. Novak's three lots. He explained that the problen in that area of splitting into three lots is that it is against the general planning of the area to do this. The storm sewer assessment is kind of a subsidy of the builder. 4Je have alread.y paid storm sevler assessments. He said in no ��ray does it come back on this proposed road. Mr. Henriksen said he would like to have accurate figures before he could say yes. The City Manager said �45,000 plus $2,400 park fees, �2,400 sewer costs. Is that acceptable. He said if not, they should rro t be talking to other property owners. • Mr. Henriksen said he wouid go along with $45,000 but he would not go along with ' any surprises.af ter that. • _ The City P4anager said•if it is any higher than that we would check with him before going on with the project. Mr. Henriksen said he tivould like it to go on record thai: if it exceeds �$45,000 he would like another meeting. Mayor Nee said he believed we had all of the information desired, and asked for a motion to close the Public Hearing. MOTION Uy CounciTman Fitzpatrick to c7ose the Public Hearing. Seconded by Council- man Starwalt•. U�pon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimo.usly, and the Public Hearing was closed at 11:50 P.M. RECESS: Mayar Nee called a recess at 11:51 P.M. RECONVEN[D_ _ Mayor �ee reconvened the meeting at 12:Ot3 A.I�i. CONSIDERATION OF FIRST READIr�G OF AN ORDINANCE f�OR REZONING REQIf€ST: ZONING ORDINAtJC[ ��1EtdDF1[tvT ZOA ;;15-05 - �Y ROfi�RT OLP�ISTEAD 70 REZOPIE FROht G-1 S TO R-2: GEf1ERALLY.LOCATED AT FIRESIDE DRIV[ /111D CEP1TRr1L �lV[��UEs . The Pubiic 4lorks Director described this as a request to rezone from C-1S to R-2, two-family dwelling areas, and it should be pointed out that the Planning Commission recoinmeizded to Council approva•l of the rezoning with the stipulation that the qld piano store located on Parcel 920 be i°emoved before the second hearing of the Ordinance on this rezoning. Mr. Olmstead.said that he had brought a buyer with him, and that the sale was contingent upon the rezoning. He explained that it was presented as all of the property going to R-2. The Public 4Jorks Director",explained that there is a lot split'pending, and that this is depend�ng on the zoning request. He said the City has not yet _. approved the lot split. Mr. Olmstead said the lo� split is just actually to take care of the legal description, and to describe it correctly once and for all. t � � i i '• i i t i '.. � t 1fiF PUQUC HEARIP�G MEE7ING OF� NOL'[M[3ER 10, 1975 ..... �..._�.. ,._ .�. _._. __,, . �.. ......y_ __ :� w � PACe 22 � : '} . . �� Mayor Nee asked if this proposal is based on three doub]es, ar�d Mr, O7mstead that �! is right.one of which has been sold cont�ngent upon Council's action. He said he i:,; had a purchase agreement. Mr. Olmstead presented a photograph of the home and said ft woirld )ook 7ike one entire home. ' 3 ' � The City Manager asked what price range would the home be in, and Mr. Olmstead !! said approximately 553,000. fle further explained that he feit it tvould be a nice addition to the neighborhood. It will h'ave a common driveway, 3-car garage, • ' one double door and o;�e single door. �� , ; i4r. Mike Jolma, 1330 75th Avenue said he lived just tdorth of the lot they � would like to build on and he feels it t-�ould run down the neighborhood, having ' a multiple dwelling home for 553,000, for that footaqe. He said when he moved !' in he had checked with the Planning Commission and they said it would always be a single family dvrelling zor�iny. Fie suid hc.did not sigq tlie. petition, but he . would st�l7 like to. .� h1r. Francis Bennett, 1570 75th Avenue f�.[, said he did siyn the petitian and that he concurs ��rith the single family dwelling as it 4rouid b� more appropriate in thai: area Mayor �Jee asked Nr. Bennett �f he a�as at the Planning Cornmission meeting. He said the petition before us is not to go to R-1, we do not have a choice. t1r. Qennett said he would raiher see it ieft zoned tl�e way it is in the event someone would develop it as an R-1 single d�-relling. _ �. ' The Put�lic 4Jorks birecior said ai this time, there is the option of going to R-2. ` • 4Je felt i:hat t�ould serve as a buffer in the area. Mr. Bennett asked vrhat could be built on the lot, and tfiere was considerable • 's discussion concerning the fact that an office �aarehbuse could be built on the lot, and description of its uses. � P1r. Bennett said that othei° persons in the neighbar•hood are concerned with the �:� ` duplexes in that they could become run do��m. Councilmar Star4,�alt said that no buildings are constructed �•;it.h the idea that it will become run do�vn, but at the ; sam� time the Council could not yuarantee this, � Nr. Gennett said he did like the plans better than most ,' i . he has seen. , h1ayor Nee asked what his.epinion ��ould be as to the reaction of the petitioners i if th� ea'si;ern lot �vould go R-1 and the other t��o going R-2. Nir. Olmstead said ! that �vQ�!ld be difficult as they have a signed purchase agreement on that particular � lot. jMayor Nee said that he noticed in the minutes someone suggested the neighbors buy . ' � the land ai�d have it rezoned. That is al!vays possible. �' ' . i �I �� hir. Qennett said he would have t:o go along with the other neighbors. Councilman .' St��rtdalt sa �d he fully agrees �•rith tl;is, but for him to not overlook the fact that tfze ol,mer of the property h-s th� right to devel�r their property. Mr. � i � 6ennett saici i�e taent along �•�ith ti�at 100;', there tvas a misunders i: a d' �� ' I part by thinkiny it was zer�F�d k-l. Ceuncilman Star�vait said he triedlli��7isten '� to ai1 of the�objections, but i�e cannot r•esnond uniess they are valid. �� . i Co�mcilman Starwali: said th�it he ha� iall;ed witti hir. H�gen and he understands the �j ramificat�ioi�s �rhile•he does not like t:o s?e it either. R-2 would be better `' .I than developing C1S. He said he wo��9c; like to have multi le d��ellin s �� p g rather I 4:han C1S. . ,� �: /,; � MOTIO;� by Courcilman StarvralL to close the Public Hearing. Seconded by Council- �'� � . woman Kukowski. Upon a voic:e vote, all voting aye; 6layor P�ee declared the motion ��' ' carried unanimausly and the P��biic Nearing closed at 12:40 A.M. �� . I . . � ' � . � ' • , �.'j i � . , : , . , , � � .>.,�,, f .�r�.. , " n':'�R�iMn..�n"xNA"�3Y1'Wpry,Ftiq�, ' ` ' i . � ,. ��i'I��@�1'�t�sm ___. � " _ ___...__. � � . . , ' . � � u , ' �J i �� g PUQLIC tIEARING MEETING.OF NOVEMa[R 10,-1975 + PUF3LIC HE/1RING ON R[ZONING REQUEST, ZONING ORDIN�NCf AM[NDMFNT 70A �(75-04 - HOLIDAY VILL�GE NORTII 10 R[ZONE f�ROf4�(�1-1 TO C-2S. MOT10N by Council��oman Kuko�vski to open the Public I�earing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �4ayor Nee declared the motion carried unanimously and the Public Hearing opened at 12:42 A.M. ....�... . _ , , ] , #� �187 ; � . �� ,_ PncE zs � ; ; , : The Public 4Jorks Director explained that this was a request to rezone from M-1 and hS-2 to C-2S. He said basically the reason for the request is to have the existing use of the zoning in confoi•ma��ce with the existing use of the property. We have requested possible landscaping improvements and they are in the process of developing and designing the landscaping. The Planning Commission recommends approval ��iith the stipulation that a performance bond be set aside for the completion of the landscaping. . Mr. Bradley Steinmen, representing Holiday Village, appeared before the Planning Commission and said Iie would ��ork out a plan with the staff for the landscaping and take their sugyestions along with �urs and develop a program. Councilman Fitzpatricl; asked the Public Works Director if he had received the plan. The Public l�forks Director said yes and basically, they intend to replace low lying shrubs which collectcd debris and are replacing them with trees. They are re- ' placing the island with maintenance free materials. � The City hianager said he assumed they �•�ould take a temporary step to clean up ' 'the property, and have better control and better maintenance. Mr. Steinman said , they had a very gaod manager and assistant manager and we could be sure it arould be taken care of. � � � � �� P10TION by Councilman Fii:zpai:rick to close the Public Hearing. Seconded by Council- woman Kul:owski. Upon a voice vote, a11 voting aye, f�iayor N�:.e declared the motion carried unanimously, and �he Public Hearing was Closed at 12:50 N.1�1. PUBLIC HEARING ON SPGGIAL USE PERI4IT CEtJTRAL NVFIdUE N. E. UEST SP #75-17, QY aREDE, INC., 5401 PUQLIC HFARING ON SPECIFlL USE PERMIT REQUEST SP �°75-1£3, f3Y BRED.f., INC., 5403 . GENTRAL AVEPJUE td. E. � � MOTION by Councilt•roman Kuko��rski to open the Public Hearing and waive i:he second , reading. Seconded by Councilman Starwalt. Upon a voice vate, all voting aye; Mayor Nee declared the motion carried unanimously, �nd the Public Hearing opened I at 12:52 R.I�I. ' ,' ' . {, ' t. The Public ldorks Directoi� said that this billboard.is located at 5401 Central • Avenue. It complies �•lith four out of eight criteria. The height of these signs do not comply ��rith the Ordinance. The Planning Comr�ission recommended approval o# this r�q�aest with stipulations as n�teci on page luD and E of the agei�da. There is elso a letter from Mrs. h1ary Cooney stating tiiat she would like to see . the billboai°ds remain. , Mrs. Cooney �•ras present and addressed the Council. She explained that when she leased this property it was based on a ten year lease. t4r. arede was issued a S�ecia� Use !'ermit and row they ;•rznt te c�ncel it �ti�ithin five years. She t•tanted to knoti-r r�ho �vould pey this difference. She explaincd that this rent was her means of paying the taxes on the property. Councilman Starwalt said he understo�d her feelings, and they are only trying to get the history of the signs tonigl:t, they will not be making a decision. Councilman Qreider exl�lained that one problem the Council was faced 4rith was that afte�, a certain period of .tirne all bil�boards had to be rernoved. That period of time was up last Fall or Spring. The Council is trying to rea'ct to this. It has , been on the books for some time. ' , � i I � I � � .; ,,. � .- I . � 4 ;. f Pli3LIC HEARING MEETING OF t�OVEM�sER 10, 1975 PAGE 24 I __...__.___—. _ . . . `_ � Th� City Attorney said he did read that in determining �vhether or not a special i use permit should be issued, one of the factors to consider is if it meets all of the requirements, or some of criteria, and if so, how much is standard and what ; is the actuat. ,• � . . ' i MOTIOW by Councilvmr,an KUIC(?WSI:1 to close the Public Hearing. Seconded by �, ,' Councilman fitzpatrirk. Upon a voice vote, all voting aye, Mayor Nee declared ; the motion carried unapimousiy, and the Public Hearing closed at 1:07 A.M: � • � PUaLIC HFARING ON SPECIAL USE PfR(�1I1' RfOUEST SP �'75-20, .BY [iREDF, INC. 5457 � 4th STREEI ; f�. E. • ' ; ��IOTIOP! by Councilman areider to open the Public Ilearing. Seconded by Council- ' woman Kukowski. L'pcn a voir.e vote, all voting aye, (•':ayor PJee declarF;d the motion carried unanimously and the Public l�earing opened,�t 1:09 A.M. The Public FJorks Director explained that in this case five areas �vere not in conformaiice with the Ordinance. The zoning is R-3. The Planning Commission reconx��ends approval of 1�he request with 5 stipulations as listed on Page 18 B of the agenda. ��ir. 0'�annon said he a�plied for the permit in 1966 and v�as to renew it every three years, and that they kept the sign in yood repair. He feels info'rmational signs are just as important to the public as exit signs. They are impor.tant to the people en the highway. Caunci�man Starwali asked h1r. Sco�i Svhai: his rationale was for voting no. Mr. Scott said the s�ign company did not go along with the stipulations, so again we are faced ��ith the same things. He said the�,e are other reasons, a�r;hole series of.items involved. .He sa�id he -is not a,a-inst all signs, but he has not seen one yet that complies ��rith the Ordinance. He asked how do you say yes for one sign and no on ai�other, and n�ake it stand up in court. One could not handle the ramifications. Some aesthet�cs is a vaiicl reason for denying use. Sorne of the rationale is l.- 30 feet from R-i and 2.- In ��iolation of Zoning Ordinance. t•ir. 0'�3annon explained it could nnt be 30 feet. He said he owned all of the propert,v. MOTION by Councilman.3reider to close the Public Flearing. Seconded by Courcil- ��romar. Kuko�•;sl:i. �Upon a voice vete, all voting aye, Playor Nee declared the motion carried unanimously and the Public Heariny closed at 1:20 A.M. PU[�LTC fir/1RIP1G ON SP[CiA� USE PEi<f•1I7 REQUEST SP ;/75-19, BY BP,EQE, INC. �II01 �11GH4�AY 1�65 N.E ' --- AND • . [3L.IC HEARING ON Sr FCIAL USE PEf�MIT REQUEST SP �>75-21 BY f3REDE, ItvC. 7568 }{Wy, .;/G5 MOTIO� by Coureilman ereider to open the Public Neari7ct. Seconded by Council- woman Y,uko;vski. Upon a vuice vote, all voting aye, PYa,yor Ptee declared the motion carried unan�mously and the Publ�c Ilear9;�g opened at 1:22 A.hi. - The Public Works Director e;:plained that the Planniny Commission 'recommended approval wii:h the stipulati�ns i�� the Sp�cial�U�e Pern;it. hlr. ScoLt nxplained that the stipulations say we get rid of this billboard. The second mattei°t�ras the Crdinance. Tfi we wrute an Ordinance law in this City, for whateuer reason, unless there is sanie kind of reasen not i:o comply with it, we have � pi-oblzm w•iih it. This doe� �iot conform. The courts require five years reasonable time tu bring tl�ese billboards in conformi�y with the law. Councilman Starwali�. sa�d that he is i�avir�g a�roblem thinking that,there has to be a termination date on ti�e�e s•igns. _ Counci]man [3rei�er rc:markerj tLat he did rot have a problem, that it did not batl�er iiim. fle said you cannot �>uL up a•sic�n an �very corner. He feels the Special Use f�ermit is the ruut� tc qo, �;n Che event they did become run down. ' , � � , � i i � ' � . 0 u PUBLIC f1EARING MEETING OF NOVEMQEP, 10,�1975 ' i � I f � i�) � , " i , i PAGE 25 ! . ,� i I _ , .� , A MOTION by Councilman areider to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor t•�ee declared the motion carried �manimously and the Public Hearing closed at 1:30 A.M. MOTION by Councilman 6reider to open up the Pub7ic Hcarinq on the res* of the items for the Special Use Permits.. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, t�1ayor Nee declared the motion carried unanimously, and Lhe Public Nearing opened at 1:31 A.h1. PUBLIC NEARING ON SPECiAL USE {'ERMIT REQUEST SP �#75-0£3, QY �!A[GELE OUTDOOR AUVERTISING CUI4PANY: 8150 EAST RIVER f�OAD The Public Works Director said the criteria in this case was five out of eight � that�do not comply with the Ordinance. 7he Planninc� Commission recommerded approval , 1 of this request vrith the same stipulations as listed on page 7 H in the agenda, with a 3 to 2 vote. Mr. Kraig Lofquist representing Naegele Advertis�ng, said he would like to make ' i severa: commeni:s on yeneralities. He said there are im�ortant considerations, 4 and that he a9rees 4•�ith Ifr. Scott on some matters, and other he does not. He said he it seems very difficult to say a person could have three out of nine Special Use Pern�its, or t•rhatever. First of all, he said there has been some �, mention of the Federal and State Communications Acts. Ne said ha could very ' quickly put them in a nutshell. Part of them, he continued, attempt,to eliminate ' outdoor advertising and others attempt to put them�in tne correct zoning. All nine of our applications are legal under both.Federal and State law. � { i { � I Mr. Lofquist said he a�ould like to give some very valid reasons for having outdoor signs in the community. , � 1: Personal propei°ty tax. ! 2. L�nd owners have to have some use of commercial pi°o�erty. 3. Outdoor advertisiny itse7f, for the businessman is a very economical �vay � .to c�et a message to the public. " 4. Outdoor advertising does a very good job of getting public service information to the public. , Ne further stated that another factor is that they grant employment opportunities for the people in our co�r�munity, and if we take the signs do�,�n, it would be taking jobs a�vay. He said he is app1ying for nine Special Use Permits; which does not seem like much. They have taken do�vn 'C4N0 sigr�s. Three billboards to them, he said, mean $5,000 to $6,000 in annual incor?e. If they ai,e bought by the State, you are talking about $10,000 to �12,000. � He said these nine signs are very 9mportant to their company and they have a good clientel. He said they maintain their signs well, and they would lil<e to continue to exist in the City of Fridle�-. " . Following was some discussion of the signs on [ast River Road, concerning the fact that there is no other location in fridley to nm v,e these signs to. h1ayor Nee said he fe3t that hc could not vote on any of the signs since he is in the Advertising business and he �-rould abstain. He said he would like to find a . better solution and find anothe�° lccai:ion for these two signs on East River Road. PUBLIC HEARIt�G• OIJ SPFCIAI_ USE P[RMI7 R[QUEST SP lf75-09 6Y NAEGELE OUTDOOR �DVERTISTNG CC1fiPAFdY: 720� iI1G1ilJ,��;'G5 N.E. �~� The Public I�Jorks Director explained that this item is on page 8- 8 Q in the agenda. Two out of eight are non-ccrnforming to the Ordinance. The Planning Co�rniission reconunended approval of Special Use Permits �vith three stipulations as listed on page £3 a of the agenda. He said we have not received any complaints regarding these billbaards. . Mayor Nee aske� if there was anyone to speak for or against these signs and there was no response. Y � ; ( ��n . PU[3LIC HEARING MEETING OF NOV[h1QER 10, 1975 ..:y:a'�.,....�.,.w.Y.. ,_....�,,,,.�,� i � PAGE 26 'PU(3L1`C HEARIPlG OPJ SPECl/1L USE P[R��1IT R[(1UES? SP t175-10 BY NAEGELE OUTDOOR -`---- FOVERTISItJG COt4PAfJY: 6029 UNIV[RST7Y F�VE:NUE N, E. � The Pub7ic Works Di��ector explaineci four out of eight of these signs are non- conformin9 to the Ordinance. The r'lanning Con�mission recommends approval with the four basic stipulations as listed on page 9 C of the agenda. hlayor Nee asked if anyone wanted to speak for or against these signs and there was no response. PUf3LIC HEARING Otv' SPECIAL USE PEI;�-1IT REQUEST SP �'75-11, BY NAEGELE OUTDOOR ADt�ERTISI�,G CO;�iPAPaY: 51 HIGFii•1AY I.694. -- The Public tdorks Direci;or explained that three out of eight•are non-conforming to the Ordinance. The Planniny Con�mission recommended approval with the basic faur stipulations as listed on page.l0 A of the agei�da. Mayor Nee asked if anyone wanted tc, speak for or aqainst these signs and there was no response. PUQLTC fi[/IRIft'G OR S°ECIAL USE P[R^1iT P.EQUEST �75-13, QY NAEGELE OUTDOOR AD4'ERTIS1i�G COP4PAtdY: f3410 Z�;dIVFRSI`iY P,VE��'UE, t�.E. The Public lti�orks Director explained that t�vo of eight of these signs are non- conforming to the Ordinance. The Planning Ccmmisaion recon�mended approval of the request t�aith five stipulations as listed on page 12�B of the agenda. ��1ayor Nee asked if anyone was for or against these signs, and ther�e was no response. PUBLIC HEARIPJG ON SPECIAL USE PEkhiIT REQUEST SP ,�'7F-15 BY P�AEGELE OUTDOOR ' ADVERTISIA'G COi�PANY; 54�2 - 7TH STREET. -- 7he Pub]ic 4lorks Director explained that this �,�as a V-±ype t,illboard. In ihis case, braciny wa� connected so the entire siqn �-�as one structure. Tt is inter- connected. 7he Planning Commission recom:nended approval of these signs, by a vote of 1-nay, 1-abstain, and 3- ayes. P1ayor Nee asked if anyone was for or agairst.thes� signs and there was no response. 1[3L.IC NEARI�VG Of� SPECIAL USE PEP„�fIT hEQUEST SP ,=�7,-16' QY tdAEGELE OUTDOOR iVEfZTISI(�'G CO��PAN1': NORTNEAST (I��DRAtdT OF 7iEl STREET �ND I_h9a - - Q -- The PUD�1C Works Director said foirr out of.eight of Chese signs were non-conforming to the Ordinance. The P1lnning Com;nission recommende� ap�roval with five stipula- t:ions as 1 isted on page 15 B of the ac�er�da. Mayor Nee asked is anyone �vas for or against i;hese signs and there aras no_response. MOTION by Cnuncilti�oman f:uko;rsk� to close the Public Hearing. Seconded by Councilman ' E3reider. Upon a voice vote, all voting aye, Mayor �;ee declared the motion carried unanimously, and the Public Hearirg rlosed at 2:C0 A.I�. �EW QUSINES S: � R[CEIVIi�G STAl�EP1E�NT OF C/1PdVA,SS OF NOVEDif?ER n, )975 - UEN�RP,I_ ELECTIODJ. M07IQP� i�y Councilman areider t:o receive and conc;rr witl� the Statement of Canvass � i of Nove;rb�r 4, 197, - Gei�eral �lectic�n, Seconded by Councilman Starwalt. Upon ;; a voice vote, all voting aye, hlayo�• Nee declared the motion carried unanimousl y, and the Put,lic Nearing was closed at 2:0? A.t�. , � � x .� .� .� . _i '' 3 '' ' 'i %� r.�� ;� ; 3 'i �i i /jk / .� f� � a i._._.. �. �_. ... _._; c PUQLIC HEARING MEETITJG OF NOVEh1E3ER 10, 1975 19� I. �. PAGE 27 : REPORT QY COUNCILMAN RRFIDFR AND COUNCILMIIN STI�RWN_T REGARDING THE MEETING WITN 7NE FRTDLEY ('OLICE PL(JSION ASSOCI�ITION, � AIJD • CONSIDERIt7I0PJ OF CHfItdGES IN PCNSION PLAN fOR P01_IGE OFFICERS. Councilman Eireider reported that he and Councilman Starwalt attended a meeting • Thursday evening, November 6, 1975 with the Police Pension fund Association, some officers and,the press - so th�t.it would not be construed as a closed meeting. The lnvestment Program was discussed with changing Investments from Richfield 6ank to P1arquette Bank. The Investment criteria is a little more conservative than it used i:o be - more stable. The other topic concerned the projections of the actuary figures. These can vary from year to year depending upon increases in salaries and return on Invest- ments in relation to the State law. There are a number of alternative possible: 1.• Cbuncil changing the proyram having all the ne�a officers going to P.E.R.A. 2. Nevr officers, plus four off,icers who signed an Employment Agreement, going to P.E.R.A. 3. These four officers, plus two officers hired in 1973, going to R.E.R.A. ' 4. 7hese six, plus'any new officer5 going to P.E.R.A. MOTIOtV by Councilman fitzpatrick to close the Pubiic Hearing. Seconded by Council- man [3reider. Upon a voice vote, all voting aye, Playor Nee declared the.motion carried unanimously, and the Public Hearing closed at 3:04 A.M. ADJOlJRP�F1�NT: � MOTION by Councilman Fitzpatrick to close the Public Hearinq. Seconded by Council- man areider. Upon a voice vote, all voting aye, 1layor Nee declared the Public Hearing Meeting of November 10, 1975 closed at 3:05 A,f4. _ Helen Fagin . Secretary to the City Co�nci� Date Adopted: 0 • William J. Nee . � Mayor 0 � � i 1 , I � � ! � f I � � � ____- -__. _ l � ' ,. 1 1 ' � LJ C� � LJ � tJ ' ' RESOLUTION N0. RESOLUTION OIZD�RING II�IPP.OVE�IENT /1r1D FIN�iL PLANS AND SPECIFI- CATIONS AND ESTIMATLS OF COSTS 1'IIERrOF: STREET IMPROVEMENT PROJECT ST. 1976-1, ADDENDUNI �#1 {UH�REAS, Resolution No.196-19%5 adopied on the 20th day of Oct., 1975 by the City Council, set t}ie date for heaxing on the proposed a.mprovements, as specifically noted in the•Notice of Hearing aitached hereta for reference as Exhibit "A", and �VHLREAS, all of thP property owners �ahose property is liable to be assessecl with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and ptibl.ished notice of the Council I-Iearing tllrough two (2) weekly publications of the rec{uired notice, and the hearing was held and the property owners heard thereon at the hearing as �lotPCl in the said notice. NO1V, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, P�iinnesota as follows: l. That the following improvements proposed by Council Resolution No. �76-1975 are hereby ordered to be efiected and completed as soon as reasonably possible,to wit: Street improvements, including grading, stabilized base, hot-mix bituminous.mat, concrete curb & g�tter, storm sewer system, water & sanitary sewer services & other facilities located as follows: 712 Way Riverview Terrace to East (Praposed Henriksen Plat) 2. That work to be performed under this project may be performed under ' one or more cor.tracts as may be deeMed advisable upon receipt of bicts. ' 3. Tlrat the Public lVorks Director, Richard Sobiecli, £; the City's Consulting Enbin ers are hereby designated as the Engi�ieer.s for thi� improvement.� They hall prepa.re final pl.ans and specifications for the making oi su h improvement. ' ADOPTED B�' `fIl� ' 1975., ' EST: ATT ICITY CLERK - ME ' CITY COUNCIL Of� TI�E CITY OF FRIDLEY TIIIS ll/1Y OF , MA1'OR - �VILLIAM J. NEE ViN C. BRUNSELL l . � ' , RCSOLUTION r10. RESOLUTION ORDERIi�iG II�fPROti'�h1EN'f AND FINAL PLANS AND SPrCIFI- CA'CIO�S AND I;S'1'IbIATCS OF COSTS TIiEKEOF: SANITARY SEiVER, WATER AND STORM SEWER PROJECT #119 1VHEREAS, Resolution No.195-1975 adopted on the20th day of Oct., 1975 . ,by the City Council, set the date for hearing on t}ie prop�sed improvements, 'as specifically noted in the•Notice of fiearing attached hereto for reference as Exhibit "A", and I�V'IiEREAS, all of the property oianers whose property is liable to be assessed �vith the T�aki�ig of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published not�_ce o£ the Council tlearing tlirough ' two (2) �oeekly publications of the required notice, and the hearing tivas held ancl the pro�erty owners heaxd thereon at the hearing a.s noted in the said notice. , NOtiV, THEREFOR�, BE IT RESOLVF.D, by the Council of the City of: Fridley, � Anoka Gounty, I�4innesota as follows: ' 1. That the following improvements proposed by Council Resolut:ion No. 1�94-1975 are hereUy ordered to be effected and completed as soon as xeasonabl.y possible,to wit: � ' Water mains, sanitary se�ver, laterals and ser�rice connections, and storm sewer and appurtenances. 1A ' Lots 31-35, Revised Auditor's Subdivisiori No. 77 (which includes the proposed Henriksen P�at) and Lot 3, Block l, Mississippi View Addition. , ' � ' 2. That taork to be performed under this project may be performed under one or more contracts as may be cleemed advisable upon receipt of bids. 3. That the Public ti�torks Director, Richard Sobiech, F� the City's Consulting ' En�ineers are hereby c�esi.gnated as the Engineers for this improvement. They shall prepare final plans and specifica�ions for the making � of such improvement. ' � ' � ' ; ADOPTED BY TI-IE CITY COUNCIL OF TI-�E CITY OF FRIt�LEY TfiIS � DAY OF , 1975., ' MAY�JR - �VILLIf1I�1 J. I�'EE ATT�ST: CI7'1' CLL•ItK - biARViN C. BIZUNSELL . � .- � i . � ' , . ' ' -, ' ' . . � � ' ' ' ' � ' �� . ' ` , ' ' '. ' ' ' � ' ' � ., . . .� , , . ,. ftEGULl1R h1i:�:TIhG UF TIIC CITY COUNCJL Oc JC�(0!;f:R G, 1975 � Page 5 . , � . 1B a,yor I�c:e atked for a I�esolution ancl if any amendr�ents or er,cepii�ns are.re di:� r�ti. � MOl �N l�y Coun.r,il�•;oinari Kul;cn�lsl;i, seconded b�/ Councilm��n Si;arti�r�lt io adop'i. tt�j � �ZCSU' —�.:'IOfI 1';'! 1.�1 Li1C T0� � Ob!1Il(J CXCC�)Li GI1S : i�01111 lu��erm�lll � JI�J�) it(?c,,)i$ l)�' 1 Vl'� 71'CC adjust i �o �(;5.Ui� plus <>;?5.�)!i itcliuii�isir«Live cosLS. i;hester Ver•st�illes, i13oE��st Itiver ito cl ne delci:ed. U�;un �i voice voi;e, all voiiny aye, l�iayor ide� �e arecl i:n�� tiiotion ca� �icd un�,niinously. � . ' . . ORDJl;i1flCF r'lt� - Cut!Sli)Fi:i1l�iUi; Di� SfCCi,D (;i_/�i)J�;G Or �li� ORDIivIIIdCE 11i) 1'l'ivu TII� $U11i�i I I�U:C i fIL I`�`;t:i11� Yi��,Z .��J1tii .---- -- ----- f�UTiOiV b,y Coi.r;ci;� . an [Sre� dei° to t•,ai v^ ti;e SeCO(id rC'��i Ily and ae{ i�t iirdi nar,ce ;(�39 as presc�ni:c�d �;nd p� 1 i cati on ordci•ed. �ea�nded by i;ounr;i l�-r��r�,' i f:ui;o�•�sl:i . upon a voice �rote, all �iot�i aye, 1�1ayor (�ee ueclared ihe motion c r�ied unariii��usiy. PdFl�l 8US1(��FSS CU!�SJDf_R/1Tl:i?;; OF l�P; OR�IE;n��cr_ n��i��;DTI�1G CH�`1PTFR GQ5 R� � R[)IP�G TIfE SALE OF Ih;TOXIC/1TI°j� . LI(Z!b.'� 111.0 I'� �) iUTi u l�l'�1 4'`i �(1\1C�' � i� (� I �f�Ji�R �L�rS>��i��i � �� LVS�D FC; Sai � Ot ---- - - -- - -- - - - - - � - - --- . II;IU};�r.arir;� l)t�ilii':� i3ti .�;�iO�,iU�� 11r lut iNr_ IiOUi(�fi�i- i:3i� !� rl. ill;�� i'i:C;'viUI��C, 1�i��T-- - � - - -- - - -- - __- - - - --- -- -- �--- -- - = -- t2U {'LI�.'`1I;S Ui�!t.i: ��:'�hr -�I:� LlC,f_i' cF A!\f) H1S tI�iPL'UY� S SiL��i L{tcti}111� UI; 7ii� I'i;Ci�11�CS __ -- -- ---. _ _ - ---- ----------------- ------------- -- --- - ------ - ------ /�F�I_it' � : 3U r�. r�i ._ Counci �r�ai; F-ii:zpat�°ic{: said i;o refe, io Page il and change ��turdii�y �t�o�,i. 1:3J I,.�J. i;o 1:OU A.I�i. 1�1a��o�° I;ee pointed �ut i:l�a.��.there r.ou�ld be i�o consumpi;ion after 1:30 A.If. and no one s:�ould ne on ti�e ��remises a�'ie i:30 11.1�i.5 exceai it�e i?�r�ier aud•i�rap?uyees. Co�mcilm3n (3rei�er said i;:�at live ent� a,�im�nt should be cut off at l:i)J ia.��t. io cl ear ou �: 1:he .?re�:�i ses 'i n 15 mi nirtes es p�°' al �1y i n Wi nter tir�re �,�i�en 1:i mi nui:�s ��roul d r•^ally be ptishi!iq to pic{: u�� coats, etc. • . .I�i0TI0Pd by Co�_<nci�l:��an I3reider i:o -dopt the First eadi�;o ��ri�h ti�e amendment in i:ne t.itle i;hat f:�� sale ��ill nct. h,� aft�r I:UO ia.(-1.; econced by Council;,o;na:� Kui:o�•;si:i. Upon a��o�icc vat�, all vot.-�,iglaYe, f�9a�or l�ree de.cla �d i:he motion carri��d unz�niciou�l;. GONSIU`=P��T��Cp; Or= �,N ORp11�'f�,�'Cl' �,11F!�'DT�!=, CfilaP'f� R GG3 -- ."�L(- OF I!��(OXJ_CA"I'1N� i•ii;L�f IIQUOi;S .`1!;�: i�l�!1'JT�11�t,-�Ii"�TfirnL`�)�i��l' f�L f•;l; �,0`t��,��`"F� �j� �:U�d-IftiUY,II;/'�Tilr'.i iiAL�l , LI(')�2 /ti� ��F�' I� ',I't� �)r '; 30 1�, ri (aPU) I'i�U1�)l�If1G INl1f I�;'? f'��`:`��r� Oiliti; i'i{�II TiiF�----- �----- --- �-T .LICEPiSLC A��I) HIS E.��PL' 'EES Slik'�LL I�L(ililid U(� '(IiF Pl;f.(d1SES i11- t_R 1_ 3l) 1�.hi :`.I�OTIO'�d by Couricil; :n Stai°�aa1t ta adopt the f=irsl: Reading. h, t�ion seconded by . Coiincili�ron�zri Kul:o�s!:i. U��on a voice voi;e,•.all voi:ing aye, �1ay � Nee deciared �he. motior� carrie;i � :anin�ously. ' C4i�SIDEIti1TT0 0� .a(d OR!1lt�q��Cf Pti'�"�NUI°d�z C1��1N{Lf' 60? i;taA(tDIIdG �fHC Sil-f= �!�tUN- . 1;'1�U?;ICl1�f1, (ICii�O�i�s l,i�� I"(,`v��)JP7G lflh,f IrIIItL Si{AL! i3L hii i,�i�'�Uili'1i0�.�t�i dOrJ- ._. - - - . _ .. _ _- --- ---- - - - - - - -- -- - - livl(_)�a:lCA1 �`��, fti,Ll ! l�l'J(`�. rifTl_I: hiUl,� �)� l 30 i�.h1. 11fli) I'kOV1JIf�G iNA7 � P-ftJUi�S -- UTIIE!� IF I,' !H,. l_III.I;�� P�i;D IIIS fP•if'I.OYI.LS Sf��{�L R�ht1U:`! O�d 71:t l'R�i11�F� =fEi� 1.::�� .t�i._ - --._..-------------- ------ �--------------_.� �._—__ ---- P�OT i�! }�,y Co�ancilt,om;An Kuko�•lsl:i fio adopl; tl�e Firsi; Readinc�. i�totion seconde� by C�.l1lrl�man St;+r•�;�alt. U;�on a voic� yoi:e, atl voting aye , Ptayor iVee dec1ar•c�d �e �oi�.ic�n carriec± un;uiimously. . C.O1�SIf)E�Z,�7I0^? 0� ft1'I',tO1r/lL O� FI:"d(1L PL/�T, IIF(�I:II:SEN /lDf1ITlCN, P. S. ;,•`7`i-��2, i;Y - .. . _ _.... ---- . _ - - -__.._ _.. --- -_ __...--- ---- — ----- - -- 1.LI1 !{i-.(�It]I:SEP;, GL�idi=l;l\LI_Y LOC/.1(f_D I�,FSI'_UI� E11S( R1'lE�t R�i,\�_P,c•;L' SuU�IH ui�_ �OG�iV_ . I'/i R f:4•J111' ,- - -. --- - --- --- T.__�_.�.--- - -- -- The 1'ul�l i c l•1orl;s Di i•ecto�� exp? ai ned thal: at the t',ia�l i c I!eari ny there v�as soi,�e conce►�n reg�rcl;ny the proposed plat. At tliat tin:e t.he Co�,ncil dir�ected the 1lcinrinistr��i:ic�,� to prep�:rc a�7rclir,rin�zry repori: rec7arcfing impro��emeni:s in this area. I�Je tiverc not d i,�rcted to se L up a project, but 1:o i r�ves �i �ate ccrtai n'improventent:s rc�gai�dirig t:cccsses and costs. . 0 0 � � � ' � � . , . • , , ' ' ' , ' , ,• ,� 4 � � ' ' , , �, , ItLCULIIR CITY COUNCIL MCE7I!'dG Of� OCT013CIZ G, 1975 . i'aye u • . ___ 1 C ��-The first itei�> >•re investigaLed a�as access i�o the pro�osed plai:. 1�te contemE;lated an access io the proposed pl��t from Riverviet�� l�errace. Ilc� saicl this is the s?�est and most econo�uical route Lo 1;al:e. t•le revicwed p�'oposal ��rii;h �nol:a County, i:l�ey suggestecl t.ha1: Rivervie�� Terrace provide the access to plat so th^ t��affic i'��em the area could n��+4:e use af i.he signal ai; 71st and Lasi� River Road. t�1i1.h �;his i'irsi: assumpti on rre i hcn i nv�sl;i y�tecl i;hc cxi si:i ng ri ght-of-��r�3y i n 1:I�aL p�ropused access . Al ong ihe S�uth si de of t�1i s�i s;; r�n; V i e�� 1\d�ii ti on and al ong t4ie vari.ous 1 ots 34, 31 .�. and 3'L, i;here i s a 9 fooi: ��ubl i c ri ght-of-��r��y. Togei:her �•ri th 1:i�i s 9' foot publ i c ti^ight-of-:•r��y 1:he�'e is an existing `3 iooi. sti°ee1: easement, basically, adjaccnt to lot 30, �•rhicl� is Rivervie�,� School. And latei° i:he deve1opment ofi thc ��lat south of 11ississippi Vicv� �ave tf�e Cii:y a p��bl�ic i�ight-of-��,ay in t:l�e au�ounl; of 30 feet south oS 9 fooi; i°icPub-oi'-t•�ay. Jusi; off Rivervic�;� Tei�i-ace, there is a 39 foot publ'ic right-- of-tray. In a cfiscuss�ion r�i�:f� i;he school board, they indicateci an ini;ent i:o cooperai:� �•r�i th the C�i 1:y �i r� t:he acqui s i ti on of any add i ti onal easemenL i:he Ci i:y mi ght need . l•Jitfi �Lhis under': tandin� an appropriate agree�»ent. could Le reached a�iiereby i:hey could receive credit fo�� er.isting 4�rai:e�� and se��,c�° lines ��rhich arere put in by the school. Against lot 31 there is a dcdication of 25 feet. I�ir. Ne�iriY.sen's acquisition of th^ praperty ��oulcl gi��e u� an adclil:ional 25 feet �f access into the ��iat on i:he east s�iue of the properLy lit�e of lots 31 and 34. �gainst 101; �4 there does er.ist a 19 fooi: pri vate easer�cni. The C�i i:y /',ttor��ey i ncli ��ated at i:he preseni: time this porti on of the property coul d not be used � o�� bui 1 di ng �, te, there%ore, he t•.oul d be �vi 11 i nr i;o reach some ag;,ee.�.:.�nt in giving us necessa�°�� access. . T�;�o possib1e street cons�ruction methods �;�ei°e im�estiyated. One +,�as to surface drain ��ai:e�° out to River�lic�,: �Terrace and pick up the �-rat:ei° by sto�°m seti•:er existing � and; tt�ro is bas�ically follo�,i the existing ter�°aine of tl�e existi�;g property and i:hai; �•�ould necessii:::te the need for storm se'rlEl" COl151;1"UC1:1011 fl"OCil er.isting storrn sei-�er t� the 1o�•r �:o�iri�� in 'i;r�e access route. ��he storm se�ve�� consiruciio» allo��s for less impact on t:he existiny properties of Riverviet�a Terr�ce. The sur�ace drain construc- tion ��,�ould resi,lt �ii� a g��eater i+u{�aci: on the properties of Rivervie�v Terrace. The s«i�face dra�in construction ��ould resalt in a cut bet.t•reen 4 to 6 feet along existing p��opei�i:ies. �ti�,i : cut t�roulcl necessitate r�ta�inin;� �•:alls. At this Point, ��re ha��e learr�ecf fl,o,n �.he prnperty orrners that the retainiiig ��alls ��ould not be adequate ar,d they �•aou1d i��t �-rant to see this, type of �impact. The surfiace di°ain street it»prov�- trent cosi: �is app� o>:�ir��te�ly $�43,000. Assessment foot-��ise ��rould be $17 ta �19 Per foot. 1�!ith the st;orn: se;•rer try�ing to mini!nize tne impact 'in the area, 1ti�e ai°e talking .aa�proxitna�i:ely �%56,000, �-�h�ic.h includes sl;orm se��ti�er system. Foot-t�rise, this is° in i:he order oi ��1 io �23 per �foot. If you i:ake toi.al improvernents of the street and searer and s,�ater, 4ti�e ai°e talH:ing � about: $�4, �OC to �5, �OD pc�° 1 oi�. • t�1r. Nenri!<sen said he had a question on 1<(ie road t•�idLfi of 30 feet. He tvanted to 1:now if �:his car� Ue made 7_5 feci.. There are 100 foot lots to build an ilfl(� j:{1L City set-hac{: �s 35 fieet fl'om the lot. I3y i:hc time he ��rould get a house on i:he iot, he a�ould on�Iy have 20 feei: of back yaZ°d.. Ile t,�anted to l:no�� if i�: coulcl be narro��red ciorm, and ti�eii 'a house couid be buil�; fo�° �15,(10Q mo�°e in cosi;. If �•.�e do not go that; �•,ay, �,�e ��i71 ha��e �o build h�mes undr�, �40,OOU. , - The Cii:y 1�1ari�c�er said i:hai: he i:hinks.befoi°e 4•re pi°oceecl any more the property o:•aner sliuuld luicn�r i:lie poteni.ial lot. assessment. 11t this sta�e, the pcople of i:he ar�a t•aoul d atan�C to l;noti�t i f�l;he,Y ti�1��n� to resl:r i ct tf�c� i r p�°op�r Ly �r to cievtlop i i; moi°e. •' - -� The questi oi� i s-►�rha t; i t i s goi ,ig to bc co �ti nc� and ho�,�r i�ri l l �,�e deal ��Ji tiz the schaol. ide have c�eneral indic<ation ;and ti;��ill have to sit do;yn and look a1; them and kno�� ti•;hai: the assessmeni:s 1•l1�� U�. s t�1r. ilenri{:sen �isi:ed if tl�c,y �ti�ill be al�lc �o clet $10,000 out af the lots. 4ae said that if i.l:ey could clet more d��t:t� to the loi:s, they would. 1t r�ould ina4;e fi.he lots �nore desir�il,lc r�rid ha��e`�nore hack yard, The �•lidths of lOD 10 65' are fine, but wlien the ��eo��le ti•lould st.e�i oui: of tiieir pat.io. doors, ind �:al:e t�:o steps, they �•iould run into a fence, and tl�is ciocs not makc the houses very desiraUle. Cc�uncilman St:at'w��1L asked itr. Ido��al:, a resident in Lhe area, if it ti��ould be his ii�tenL t.0 sp19t-. ' . .• _ 6 ' i 1 � J . � . � • � a I�r. tdavac said ti»t i:hey coulci not split because of ihe way the house is situ. Ife said they could aniy get onc lieme o,n the other lot, but they could not spl�, r.n� put 2 humes on it. � ' , Mr. No�rac fin,ther stated that Pir. Henrit;sen was out to lo�k ai the lots and said '; there is no 4Jc7.Y WB could t��ve 2 lots. He said he is willing to pay. assessments l�ke anyone else, but he ��till ��ay assessments for 2 lots and not 3 lots. Pir. Movak to'id tYlr. lierricksen that i � he �•�ould pUy his assessment costs on �he present properi,y h� co�11d have his lots for the assessmenL costs. ' . , , • '--- � .. ' '' . � � �. i . ; �. � . ' ` � -. ''� . � ' � � . ' ' � ' ' �1a��or Nee ask.n,ci ;f he ►��ailted on2 �.arcel, afid t4r. Novac replied yes: i�ir. lferiricl;sen said if they would take lots and divide them into 2 l�ts and bui)d humes, they aruu}d er,d up 4•r�th cracker-boxes. He said he �vould like to build one hc�.ti3° and ma4;e it r�,ore desira5le. l�;r. Sangsier s�id he thouaEii i:hat to split his lot ar Mr. hovac's would be vc�ry ohjer.tionabie, /ls far as the street is co;��rned, he said he is a firm b:�lievpr in ;:hc Ri��r F:oUd �ccess beca�_�_.e lie doe� r.ot think it is any ��orse than rnany oi.:her streets. Ne said he rea?:->_ed there �is a safety haza,•� Lh?re that s�me �%et�p;e feel ic -;�i�t;��•rant. But he Sd1C� Lh ;. d 30 fcot roa�tivay ti��itn G b fvot re- 4aining ��;a�? ��o�,�d r��akc h��ti shuitF>>° vrii�n i� �roula come r•ir,ht up to I�is prop�rty line. hie lelt �i� �ti�ould ser�ousl, de�rec�iat� the value of his pr�operty and by� ��ie iime the retuir�ing �,�ail i�ioul +!;QV put up �hr_�re ti�rcuid be a seriaus �ro�lem of v�iiere ?.o �ut Lhe sr:o;•i, and there ��oul d bc a sa Fet_y hazard for the chi l di�en i n the area c;oir;g to scl�oo';. Ii �he road �,rere put out to Rivervie�v Terrace to retain the vaiue •UP t.!1° prope:�ties, it �:�oul�; be better to Y'OUtE the CGdd on grade� ►�;;ih i:ne necessary storm SF'_�yE`�'S. H° said to retair. basic v��dth, the impact we41d be very severe,'and �:he ret�+iniiig ti�rn71 be ver�� obj�ctionable. - • P1r. Dah;quist addt-•ess�� L�� Co�n�i i, statinq 1;ha±� I�e was in Lot �`1 . He asked if he a;nulc; be er.po,ed �o a possibi;� dauble. assessr�.rr�t for �ha1: star;n sew?r. He said he Ss a�re«dy pr,yir�c: for the <Lorir. sE;�,�er ir �� f;�oi�tage oi' ifie lot. ' The Cit.y iranaq�r asked f�lr. Cal�l��i.st if al] of his. pe•oper•ty had been assessed i�ef�re. . � . i�r. Da�1�GlilSt� t°epli�r ��yes". ' ' • � Th� City hiar�ager said tY;at they realiy did not l:n�ti•� that. He said th�at they have �ome infui�iraf:ion, nui thai they a�ould have ta chec'r, ir,to th:at. 4te explained that �hey ��we geCt�iry �ni;o tf�e fine,• deta:ls an� i:IidL th�y wo�ald have that information �rhen �hey ha��e a!'roject Hea�ring. It de:lCiiJS•1)jl whnt type of sys�cem �•:e tvill put in, ;=s far as r�ho wi s i be assesseri and ti�rho sti�;l l noL be assessed. Aft�r �he Project liearirig. �-re ►�rill i�no;v �•,�i��t kin�l cf costs ��e are �t;iking a.beut. R�ght.now we are givinn, a ball-pa.r,k fii,ure. . F'Er. U�:hiGuisi, s;.��,��d that h�s ;�1 choice s�:ei�ld.�e aecess on East River Road. Ne said he d�d no1; .l•r;oti�� if i;�:it hud i,e�n tho�°oun,liiy� ex;�io; �d, but he k�eps hearing �omments 2bou`t the i�acC thai: it is un�esirat�in. �{E� "j�rti�nr explained that ni; second ch��ce tro�ld Le to r�ir.imize fhe in^act on h�s r��c,p;;•;:v. 'rle said ihai; th�,; is a s�tuatiori VJE3CI�e t<<r have �; �9 �aot easi�iner�±, and he �h�o:.ld r,ues� T.hat ahout 2� `ea± of that is r,n one si'd� of i.i; ,'✓ard. He sa��d �I�� im.�;��_t c,ii his preperty is v�r•y signi � icartil:, �t��d i.hat th� 30 `oot road��,�ay l�JOU�Ii he a�i?>�;,x;:��ately 6 feet a�aay ;rom their deck.. Aisa, h�� wcu?d sta��rl t:o lose 2 mw�or i.re�� ,;>>ich happen to he very muc a part of the Itous{�. �-ie'said there is rothing i;;: F,=; c;e;t�� ::c�inq to gain. tle eannot split I�;s F►'o��rty, a��d the thou�ht oi' {,utt�inr.• ��,:,�,:I��r ��.Oi�O ir, the house is just a 1p>in, prcpos�ition. He s��id }�e cvould be t.c�ter off sellin� it immediately. �107]ON t�y Cuu��c�lman Fit.zF,a�rick to c.��;cur wit�� the Planning Corniission's rf.C:Of11'llC'I"iC{at:c�r,, :�nd r�:que:;:.ecl C�dn,in;;t��ati��n t:o do a detailed cost stu�.l�i: w�th access onto l��ivcr Vi^>, Terr�ace Co be nu ti;i.:.•r• ��h��i ?:i ree�: 1'he road��ay ;n ;.h� p11t ��ill t��.� reduc�d frui�� 5�^ fc�et to �IU f�,r�� :�� ft�e �a��.c;;�;;;r bt�F.t•;ec�n'�tr. Uai�lqais±�� and h+�•. Sun9�Lcr's i5��r,c�; tir;ll be �it presr�n� ��r�cle level :�ith no depr��;sion. Storm sewer cori�truc:+ 9on srioulci be includc�l. :��_orn;ed hy Couaci (n��c� Gi �ider. U{�on a Yoice' votc, �Zl; voting aye, rta;�r ::e� d;:�;lt,��cd the ;rotion carried u��nimousty. �� 1D . ' � 3 °�'�� ''V � � �� l E ,''s ;t 1 . .; ��' ,r! e, .� '':, v �, , � � � ' °'' 1 ��°"p ° ' +- -- P,S. #75-02, Henriksen's Estates i ��h ��•�`��` ��'� ��'� ��. �2q Replat of Lots 33 and 35 REv. 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'V��'11p` , �; ,�.1�.. �i�.. r]� a�. � �,4 6 y� 61 �?,` � , � � i � .�, ♦.��e . ;i , � �w�:' ^ �_.. `5g`9 , : ;' E"� �"'�` . _ t � t . � , W � 1 . Y� i �'��.� � 5r� .:� c j.. i. Z ; :, A �.� . ) � ,�u ;'� � i _. 'J.. . . t `. .. l .. " . . , I , � �:t� •�� x ` �¢ : r.*.,� , ; •. •� l ;` r ; ; \r� , � � i,r A/ ,11• ir� �y. ' ; �l ,' 1 ._r �+ '.1.� �.:.r'_:J i -_ ,. �i • '~ v�', , . , I. i. /If 4✓ / � �;� i�.,• � �,.,t; / I �,. .,�'"' ' � �' � � .�r � �� rr ; .�,•_� � � .aw��'.ee•,�,�....�,M•.,n.• /<g �,r� : ; � w w �7/ (� . 1 Sj r . � �... � . . . - . '�...r . .� i...." +...-� �� ° ' �� .d �1 / rr . i! . . l.� 4' _'_ � .M. .� , � �. H � � � A' '%_'/. ' 1 � �. ✓( � r o�Y� .� Y3 � i�r• - /^�. . � � � � f , � � 1 � I ' 1 0 V ti v r , � i i o � ? • � .� � �Y �. . ° w a � . J/y�� O • N c[ O ° I � � N h _� �k Y N •� a = � � / .j ! ! i 1 q a 4 a g � b v � O � � n � O Q � 'u � O Z . � �� y d �`�� O \'f' • r �} ln ? , ��` � I� �i �l � 1� �� ' � G_. � � i�, > .., Q . v � , ______. °� __- — — ___—_ __ Jo � �� lF � . � � ��f � � k i ' c vy ! ( � ' dt t � f APPOINTMENTS FOR CITY COUNCIL CONSIDERATION - NOVEM6ER 17, 1975 Environmental Quality Commission (3 Year Term - 5 Members)(Chapter 121) APP�INTEE Term Expires MEMBER RESIGNED �' � � �., f - . . . �' � � �.-� �'� ` � 4-1-77 Robert L. Erickson 5950 Benjamin Street N.E. � Fridley, Mn. 55432 4-1-7G Mary Martin 133 Stonybrook Way N. E. Fridley, Mn. 55432 Cable Television Commission (3 Year Term - 5 Members)(Chapter 405) 4-1-77 Thomas Myhra 6360 Able Street N. E. Fridley> Mn. 55432 Police Commission (Chapter 102)(3 Year Term - 3 MembPrs 4-1-7£3 Wilbur Whitmore 440 Rice Creek Terrace Fridley, Mn. 55432 2 i� �1 ' LJ ' LJ �I I� � � ' � � ' ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRI�LEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: SECTION 1. Appendix D of the City Code of Fridley is amended as he.reinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of f ridley and described as: An area known as Tract A, which is part of Lot 13, Auditor's Subdivision No. 155, described as follows: • Beginnin� at a concrete monument marking the quarter corner between Sections 22 and 23, also being the Southeast corner of Lot 3, in said Auditor's Subdivision No. 78, then South 0° 08' West along the West line of Lot 13, Auditor's Subdivision No. 155, a distance of 923.52 feet to a Judicial Landmark at the intersection of the West line af said Lot 13, and the Northerly right of way line of State Highway No. 100; thence South 86° 20` East along said Northerly right of way line 613.2 feet to a Judicial Landmark; thence North 81° 53' East along said right of way line 185.1�feet to a Judicial Landmark; thence North 30°13'30" East along the.Northwesterly right of way line of State Highways No. 47 (forrnerly No. 5fi) and 100, a distance of 815.2 feet to a Judicial Landmark in the k�est right of way line of State Highway No 47; thence North 0°04'30" East along said West right of way line 215.92 feet to a Judicial Landmark at the intersection of said West right of way line and the North 1ine of Lot 13, in said Auditor's Subdivision Pdo. 155; then North 89°13'30" West along the North line of said Lot 13, a distance of 1203.2 feet to the point of beginning, all located in the South Half of Section 23, T-30, R-24, C�ty of Fridley, County of Anaka, Minnesota. Is hereby designated to be in the Zoned District known as C-2S (general shopping areas). ' SECTIOfv 3. That the Zoning Administrator is directed to change the official zoning map to snovr said tract or area to be � rezoned from Zoned Districts M-1 (light�industrial areas) and M-2 (heavy industrial•areas) to C-2S (.general sh�apping � areas) � ' � PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THTS QAY OF , . � , 1975. 3 1� � Ordinance No. � ,' Page 2 � � . I , � ;, �i �� , : 'fI MAYOR - WILLIAM J. NEE !''� i � ' ATTEST: � . I � CITY CLERK - Marvin C. Brunsell ' Public Hearing: November 10, 1975 ; First Reading: November 17, 1975 ! Second Reading: ; ' Publish...,... ' . • ' . ' , ' � � ' ; ' � ' ' ' ' .' . � ' - - . � �� _ . � J. � � , , . 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". r: � �� .. � �� , ��r� o ��d'le . � � 6431 UNIVERSITY A�/ENUE NE ANOKA COUNTY 560-3450 FRIDLEY, MINNESOTA 55432 November 21, 1975 Dear Honorable Mayor and Members of the City Council: As chairperson af the Cable Advisory Commission, I believe there is a need to clarify the Commission's request for 1ega1 counsel. When the Fridley Cable Ordinance was written, many parts were taken from other cable ordinances. The Cable.Commission has never had the'Fridley Ordinance interpreted by an attorney. The City and the Commission are now involved in a.situation where nei�her is quite sure what obligations a cable company has in services to be provided to the City and eommunity. There are two major areas that need examination by an attorney with experi.ence in this area of com- '. munications: (1) the question of gross subscriber revenue (2) what kind of services are contracted for in. the Cable Ordinance. It was pointed out a: the Council meeting on November 17, that if tt�is matter i.s not looked at carefully, it is a very real possibility that the City could be left without any subscriber revenue and a cable system that is entirely made up of first-run movies. . . ��'�t the time the franchise was awarded, there was � an intent and belief that the cable system in Fridley would be a community voice, by being involved in the • community. The City Council and the Cable Commission hat�e an obligation to the citizens of Fridley, to make , • sure they receive the best possible service from cable television. Cable television is a constantly changing industry. If the City does not take command of the ' situation at this time, next year it may not be able to. It is my understanding, from com�nunicati�n with the F.C.C. and State Cable Commission staff, that the ' situation which now confronts Fridley may be a first of ii:s kind. , ' (cont.) 4 . ,a Honorable Mayor and Members of the City Councii Page 2 � The Commission is asking for an attorney who can, at this p�oint, give the City Council and the Commission guidance in the matter. We are not reyuesting a • continuous arrangement with an attorney, but an inter- pretation of ihe situation we now face and what possible future action can be taken. It is my feeling that this action must be taken now, and quickly, in order to deal with the matter properly. It is in this way that the City's responsibility to its community reqarding the best possible cable service can be fullfilled. When the City granted the franchise, it provided General Tele- vision with a unique business opportunity and right-of- way on City utilities. In accepting this agreement, a service was to be provided to the City by the company. Now is the time to deiermine whGt thai service is and proceed to make this service available to any citizens who wish it. Sincerely, • ___..._-- , ��,.1�� , �'�/ Mark Scott Chairperson Fridley Cabie Advisory Commission c e � i� . I �� ' • ' 3vm 3�--I ::ooG'� .��p-nw� tri-•� 3vc-� T� � , ,p 3 -• •i �. O -s -�• � _3 -s m -�• �-r w c� -�• iv a c� 7(n'O ��c' W � fD 7 O N -'• l0 fl • N� � W< f*t � 'S O -+ 7 =3 � -S (D � O 'S C1 (D �A [v _S N W Z r� o ro o In (� Z 7 (P -' -' .�7 'O � fD � -i . �"-�� to -n� n� c c� a-� a x �� ro -�• c� sv m a cv o� sv . v^tm v�*o vn--r vro.w��-s cnr-s va� z oa-s oa� oo� oz�- mro -��na o��' j � � v� � -� rn � x _ m � ... m -- . � .... t� � � � � � @ �. � v - c� �v V � '' .._ . v� m�.-.' in c� v� m v� v, � i-s ; v o cn� r� v � . r. ry . t�F D + (D N Y 'L O� � P+ in y tn � -�+ � t� y� N lC] N� -r lD 'S - � 3< • 3[L.i'+ 3�N 3< C� �r� �u�p' . 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I.. . .I ' q��l� :[^�1 • P? _ �;;I , ..; , , • " ; E" ' -; .,� L', j�' �'.�; �� i �� 4;,�� i�; r�r � ; �:� � ; �• „ ' � ''. ; :i ` .�+ � ,: � . �;. , i ., :m ;'_ . . � � . I;f; � i'.. I� �; � :; .,�� :��: �, , ` �� ..� ,.; �, �;,'� �::;�;t�• �� I:�� I',:� �;� �':' F" ;" I' vy.� =i.;�� ! < ,' ,I ` ` ,� ., �: � � ,�„ � (�., , _ ;.:i�:'.1,:�i::-i:., _;.:�_1�:�I.._ �_1;�_I:�:I_l:�.i��..l._ ..1.�I.1_I; i�'�� ;:� ; . � < : . , �, �,, . • �� . �; . t3 J � , � � � .�..w.�..� � . �. .r. °� �� °� INSURANCE • FiNANCiAL PLANNING tlovember 2�, 1975 kioriarab7 e P�layor ' City Ccuncil Ci ty ��'.arlager l�,s i s� turat f,i ty hlanager Ci t}� of Fri-�i ey £ �.il tlfiy��ersi �y �1v. N.E. F't•i�1t�y, hlirnesata 55432 r�•; (ilif fir5t11tS �;orkmer7's Comper�sa�ion Insurance City of Fridley, �ovember 17, 1975 Gcntl emf�n : �s�2� ess-esoo �� One Appletree Square Bloomington, Minn. 55420 Ari analysis of the several bids received in cansequence �f our adver- tis�,tmeni; for bids for I�lorkmen's Compensation on a one and three year bas7s guaranteed cost, flat dividend, participating or retention plans and retr�ospective plans has been macle. � h'any of thE quiding factors in deciding an the adequacy of the bid have changed radically this �✓ear, due to recent Si;�te of Minnesata legis- latian a�hich has r7�ade experience of the past somewhat deficient in � j!�dc�ing p�,ospective experience for the future. P�aking allat�ance for thcse char�es and r�evaluatin� past losses in the light of probable fui;ure sett;lei7�ents, was therefore ner_essary in judging the bids offerec�. � � � � , hr�w�M f��t� 1A �t.e„„�, l�tt: ,b�llire��e, Mp u�uin�., Mr Ir� r,eneral f�i d speci fi cati �ns ►��ere adhered �o except i n the case af Cn;ploycrs t�iutual of' Wausau, who do not display tne required Ee�t rating; t�ac=,�ver, this has be�n overlooked in analyzing:the bids receive�. Ir� <�n effort to establish, for the nex� thr�e years, the best combi- ��,��ton af c�uaras�teed factors t�gether ��rith the best break for �ood �'�i>erience, consis�ent ,vith pasi results, and to pratECt as,much as ��c��sitle ugainst the h�gher costs probable irti the ne�� Workmen's Gom- E<<:ns<z ti c�n t�en�fi t sch�dul e i t h�s b�en deci ded that t�e Ci ty of Fri dl ey s►rt�+uld purcha5e a thrpe year retention �lan from G strong company with t.��d policyholder services. The best plan combining a.11 of thesE features was rendered by the USFG, offering a retent�on factor of .363, � ioss conversion.factor of 1.10, which, if applied to present antici- ��ated premiums with lasses corr�esponding ta the past three years, would u�velap a pr•emium of appraximately �67,000 for the next three year term. 5D �itittate: iilfll J�merican Insurance Marksting Corporatlon C�mbr{dre, MA DPf�IU�, GA Hunteville. AL Lender, WY MuskeQon. MI Phoenix, A7. Reno, NV SealUe, WA ('h�rle�tan, 8C ��nrer. CO IndianaV�dis. IN I,incohi, N13 haxhville, TN I'itt+Lur¢h, PA Rithmond, VA TamDO. FL C.h�rlotle, NC I�e� h(olnee, IA Jerkwn. bf`J IJt�le Ro�k, AR New Orleens, i,A Porlirnd, OIt Sockford. II, Fort I.audtrdolc, FI, K�nnae Cily, MO I,oe Anaelrs. CA New Yurk. NY Princoton, N! Satran�ento, CA �y��h{nRton, DC Chlc�ta, 1I, /(oriford. CT Kln� o( PC�1YY111� !'A Lnuisville, KY Oklahama Cily, OK i'roviden�e, R! Sall l.nke City, UT Colum4uy, O Uuuxton, TX Kirkw•ood, MO A1ilwsukec, WI Ycnris, 1L Rapld City, SD 5an Francl�ro, CA Whealfn�, �V V � . November 24, 1975 � ° Page Two The factors being �stablished, regardless of where rate levels fall, will be �o the �ene�Fit of the Ci�y of Fridley over the proposed term. Your consultant's advice is that you accept the bid of the USFG on the three year basis which not only provides stabi�ity throughout the loss ratios but rnaximizes the premium ta that established b,y adding the �etention premium to a 5Q% loss ratio and deducting the guaranteed premium discaunt. The Council now h�s to m�ke a choice between the two ag�ncies which bid this plan: The Greentree Agency, 801 Ni�oll�t h1ail; and Transcontinental Brokers , Alymou�h �iai l di r�g , P9i nneapa1 i s,�1i nnesota . Each of these agencies has iden�ical bids. Sincerely, BACF�P�AN-ANDERSON, INC. i '� ) ,� ;' , Y�/- � ; �, � �. -. �: v � �'� ' �,; f-��t/�-.-...% `�v ��P. A: 'Shanl ey . Vice Presi�ent / �' PASjjbl . I � � � 5E '4 � RECEIVING THE MINUTES OF THE PLANNING GOt�4�".ISSIOK MEETING NOVEMQER 19, 1975 (THESE MINUTES WILL BE AVAILRBLE i�JR THE P�EETING MON.) 0 0 % . 0 CHARTER COMMISSION MEETING OCTOBER 21, 1975 7 MEMBERS PRESENT: Kenneth Brennen, John Swanson, Raymond Sheridan, Harry Crowder, Peg McChesney, Clifford Ash, Roy N1cPherson, Jackie Johnson, Herbert Bacon MEMBERS ABSENT: Elaine Knoff, Jerry Ratcliff, Robert 0'Neill, Ole Bj erkesett • OTHERS PRESENT: NONE Chairperson Sheridan opened the mE��tir�g at 7:47.P.M. APPROVPL OF THE MINUTES OF THE SEPTEMBER 16, 1975 CHARTER COMMISSION MEETING: MOTION. by Kenneth Brennen to approve the minutes of the September 16, 1975 Charter Commission meeting as written. Seconded by Clifford Ash. Upon a voice vote, all voting aye, the �notion carried unanimously. REPORTS FROM OFFICERS: Mr. Sheridan explained that�he had received no communication from City Attorney, Virgil Herrick regarding the Commzssion's questions as to the unapproved. Charter changes. He stated he would contact Mr. Herrick as soon as p.ossible and invite him to the next Charter Commission meetin�g. . COMMITTEE REPORTS: Mr. Crowder explained the Nominating Committee has elected him as spokesman. He stated according to the commission's by-laws, each member must receive.a report as to those persons nominaied a.s officers of the Charter Commission within 20 days prior to the annual meeti.ng. Mr. Crowder added the Nominating.Committee felt the officers should be elected from the group of four-year appointees. Mr. Crowder also explained Mr. Bjerkesett had asked to be ' removed from the office of Vice-Chairperson for next year. Also, Mr. Ash had stated he would like to be elected as Vice- Chairperson. Mr. Sheridan and Ms. McChesney had stated they � would like to serve one more year as Chairperson and Secretary/ Treasurer respectively. , I' • � , • � , , , . ' CHARTER COMMISSION MEETING, OCTOBER 21, 1975 Mr. Crowder stated the Nominating Committee submits t�e following names for the appointment of officers: Raymond Sheridan - Chairperson Clifford Ash - Vice-Chairperson Peg McChesney - Secretary/Treasurer PAGE 2 ( copies of this list will be sent to each member prior to October 30:) COMMUNICATIONS: Mr. Sheridan read Edythe Coll.ins' „esignation letter aloud to the Commission. She resigned due to a change iri residency. 7� . Mr. Sheridan stated he would submit a letter to Judge Gillespie 1 requesting the appointments of two Charter Commission members to fill the unex�ired terms of £dythe Collins and Joan McLaughlin. He add�ed Mr. Bjerkesett had requested the name Charles L. Langer, � A'ttorney at Law be submitted to the judge as a possible appointee. Mr. Sheridan stated the names Karen Johnson and Arnie Takkunen would also be submitted as possible appointees. He asked that the Commission submit any other possible appointees ' to the secretary by Fr�.day, October 24, in order that the letter to Judge G�_1.lesp�e may be sent by that da�te. , !� copy of the lette�^ to Judge Gillespie will be sent to each• Commission member. , Mr. Sheridan read alouc? a co�y of a memo from Mervin J.�Herrman, City Assessor, to Marvin C. Bruns�ll, Finance Director and City Cha�ter Commission, dated September 18, 1975. The memo deals with the definition�of personal proper-ty. A copy of that , memo will be included along with the minutes to the Commission members. . , , ' ' , ' Mr, Sher�.dan also referred to a letter he had received from Mr., Brunsell regarding this same matter. A copy of this letter w�ll also be �ncluded along with the minutes tc� the members. NEW BUSTNESS: Mr. Sheridan stated the next mee��.ng of the Charter�Commission will be the annual meeting on November 18, 1975 for the purpose of the election of officers. He stated he would indicate th�.s date to �Tudge Gillespie in his letter with the hope �at two new rnembers wiZl be appoiiited to the Commission by that time. � � � ;, � � CHARTER COMMISSION MEETTN�, OCTOBER 21, 1975 �AGE � / �,� . _ DISCUSSION ON COMMISSION�S DEADLINE REGARDING THE CHARTER CHANGES: ' Mr. Sheridan explained the Charter Commission usually adjourns ' for the summer months. Therefore, the Commission would have the first few months in 1976 to review and revise the Charter changes which were not adopted by City Council. He suggested the Commission set a goal to have its changes finalized by � May '76. . Ms. McChesney aslced whether the Commission would have ample time , to again review those changes which may not be adopted by Council if the Commission's final changes were submitted in May. Mr. Sheridari stated the r�visions �:�uld not have to be presented to Council in one complete package. Mr. Ash suggested the Commission set a dealine in April in order that the Commission would know the action taken by Council as ear.ly as possible. Then, tiie Commission could possibly hold a special meeting cluring which time they could discuss � those changes which may not have been adopted by Council. The Commission agreed on a deadline of April 18, 1976 with a11 revisions ready for forward?ng to City Council. Mr. Sheridan divided the Commission into various committees, each reviewing and suggesting revisions on the following "sections of the City Charter which were not adopted by Counc�l: SECTION 5.02 SECTION 5.08 SECTION 5.1.9 SECTIONS 6. 04 , 6. 05 , 6. 0 6 SECTIONS 7.04, 7.05, 7.1 4 SECTTONS 10 . 0 5, 10.06 ,10 . 0 9 � Ole Bjerkesett John Swanson� Elaine Knoff Harry Crowder Clifford Ash Raymond Sheridan Kenneth Brennen Jackie Johnson Roy McPherson Peg McChesney Hex�bert Bacon Jerry Ratcliff Clifford Ash Raymond Sheridan Robert 0!Nei.11 Herbert Bacon Kenneth Brennen CHARTER COMMISSION MEETING, OCTOBER 21, 1975 �C PAGE �+ ADJOURNMENT: MOTION by John Swanson, sec�nded by Herbert Bacon to adjourn the Charter Commission meeting of October 2.1, 1975 at 8:32 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, ��. � � �-,�<< C'� � � Holly �'onsager Recording Secretary 0 � 0 /; ' ' � .� LJ ' � ' ' � ' �otumbia �p��t� �Ju��ic �ic�jooig INDEPENDENT SCHOOL DISTRICT NO. 13 DR. ALAN OSTERNDORF, Superintendent 1400 49TH AVENUF N. E. COLUMBIA HEIGHTS, MINN. 55421 An Equal Opportunity Employer 612-571-9601 November 19, 1975 I�'ir. William Nee, Iriayo?^ City of �`ri�l.ey 6�31 Uni.versity Ave. T�TE Fixdley, P�Tinnesota 551�21 Dear r�Iayor Nee: As part of �our nation's Bicen�tennia.l celebration, -�he Columbia Heigh.ts High School Concert �3and has been invited by the Idational Biceritennial Committee to pla.y sever.al co.ncerts in Z�;ashingten, D. C. next spring. One of two si i-do4m concerts saill be on the lip of the Z�i.ite House lawn. The band will a.lso pl�.y a st�d-up con.cert on the Capitol steps. Th�.s chapexonEd trip will be a tremendous musical experience as j+rell aS a va7,uable educational opp�rtunit;� that �aill be long remembered. This txip ca.n also be considered a culr�ination of r�7r. ��Jilke's thirty�year career as our band director. While the bar�d is playing on tne l�hi.te House Lawn and other places, a pxo�ram wi11 be pass�d out ex�laining pertinen.t facts about our area and our sahool district. Sponsors of the trip will be listed in the pr� -�,'um s The Columbia �ieights Toaxd oi Eciizcation, in addition t� giving its approval, ' also a�lawed the concext ba.zid members to conduct a major fund-raising ac- tivity as well as accept donations ixom the community. '1'he board also pledged �2,�Q0 in sup�ort of the �rip. �he tota,l cost of the �rip is �12,2l�0. � � ' L� ' 1 We are confident that the City of T'ridley wou7.d a7.so like to share in this honor since many of our students live within yaur ci�y. �epresentatives oi our fund-raisin� co�i.i;tee would like to appear �,t your next regulaxly echeduled Cotmcil meetin� to discuss the tri.p with you and the role the City might play. %1hen. ycsu are contacted by a member of our commi.ttee we sincerely solicit youx support so that our ba.nd can. take advantage of this tremendous musical and historic opportunity. If you have an.y queatioris, please ca.l.l Mr. Dewey Breisch, Senior Hi�h School principal, at 571-96oi, or Mr. Richard Braun, concert trip chairmaal, at 332-0l�21 (office) or 571-0979 (home). Thank you for your help. S�,ricerely, � �� -�-� i��t.�_______. Richard P. Braun Concert Band Trip Chairman• ' RPB�fSn '� T0 : FROf4: SUBJECT: DAT E : CITY OF FRI DLEY M E M 0 R A N D U M NASIM M. QURESHI , CITY MANAGER, AND CITY COUNCIL MARVIN C. aRUNSELL, ASST. CITY MGR./FIN, DIR. A PROPOSED 6ILt PROHIBITING THE FURTHER USE OF ELECTRONIC VOTING SYSTEMS NOVEMBcR 21 , 1975 There will be a hearing at 3:00 P.M., December 9, in Room 81 a�� the State Capital regarding a proposed bill which would,among other things, prohibit the further use of electronic systerns. The Secretary of State's office seems to have a very negative attitude regarding the use of electronic voting systems. We have experienced very few problems with the system here at Fridley, and as far as I know none of the other suburban areas have had problems with the system. This bill would prohibit the furthe r purchase and use of electronic voting systems, and I suspect that in the future there would be another bill to phase out those now in use. I am not sure what the Secretary of State has in mind to replace the present system, however, it is certainly better than paper ballots or tl�e exp�nsive machines. I personally do not ieel that any of the proposed new language in the bill is necessary. The attached resolution would put the Council on record as being opposed to phasing out electronic votiny systems. t�C6: sh 0 � � RESOLUTION N0. 1975 A RESOLUTION OPPOSING HOUSE FILE NOo 1867 RELATING TO PROHIBITING TFIE USE OF ELECTRONIC VOTING SYSTEMS WHEREAS, The City of Fridley now has an electronic voting system, and WNEREAS, The City of Fri dley has experienced very 1 ittle difficulty in the use of the electronic voting system, and WHEREAS, The electronic system has proved to be much more efficient. accurate and effective than the previous system used, NOW, THEREFORE, BE IT RESOLVED, That the Council of the City of Fridley goes on record as being opposed to House File yo. 1867. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975.. ATTEST: CITY CLE RK - MARUI�V C, aRUNSELL 0 MAY0�2 � LJILLIAM J. NEE 9A .\ � � . . v r .c , . � 7 • . • �� . .�_ . • __'—�'�" J Y ;_.. � _..__. . �,��.. _.-":i_ _��.�_-_ � . .....� �1.�. No. �18G7 1ntroJuicJ l�y .�1:.thoff, I.utlicr, Pet:rafc;so - ' • �lSicr�.lori, :�a��o ;.j, . ��uuuary 27t1i, 1'l7ti •Companion S.F. ; Itcf. tu Cu�n. uu Ccucr;+l l.efcislatxon und Vcterans Affairs Rcf. to S. Com.. o�� Prc-f i 1 cJ Sr�.[cml,cr 12, 1 J75 • , � fteproJucc�l by i'1I11.Ll1'S t.GG1SLA'l'!VE SI:RVIC� , . � � • . ' '� . � . .. � � . 1 � � • • r , , �' 1 . ` . .' ' • ' I ! . � j � A bi.11 for an acC 2• relatin9 tio elecCions� �rohlbitin9 the usc of ' i � • a electi'onic votinq sYstems acnuired a�ter a cerCdin . � a date� providin9 Lai a studY of elecGronic Votin9 � •� 5 systems; aF�xopriatSnc.t moneyt amending rllnnesot� • � 6� St�tuees ?974� Sections 2�6.025� and 206,075. 1 7 �G IT �f�ACTGU I31' TNk, UE:GiSilATUR[: 0� iHE STAT� 'OF' 1��I1dNESOTA= 8 SCC%1011 1. H1�.r.nesoCa Stat�utCs 191�► 5ection 2Q6.025� ', • � g ts smended to read� � � � �. l0 206�02 �[i,Lr.CT}i01d7C I�OTIt�G SYSTEFiS� AUxtiORX�ATIONr • , �i E�URC1iASr, EXPERII�+L.1iTA'fTOti, t�ND I�AYhS�NT.i subaivi6ion_i�� • Zx Upon Che affirmativc Yqte o� two �hirds of Ch� members of . � 13 Lhe ��ovcrnin9 body of any•muni�l.Pality or of any�county . � Tq conta�nSng a.cilY of the �SrsC c1ASSr el.ectrot�ic votin9 � � � • 15 systems may be authorizedr purchaSedi exPerinented Wl.thr and , � �.b paic� �Qr in �he same manner proVided for votin4 machines in � Y? sections 206.02� 206�03, 206.q6, 20�•08r 206�10� and 206.12� •i � ' i8 Th� nrovJ:sions in 5ecClons 206�05{ 2060095� 206�11r 206,13� i -� 19 20��.14, 20�.:5r �n� 206�,23 shall also apply. �'or the � � \ 20 �pur��ose of t�Zs sectian thc goVerning body of a town is the � � , 21 tot•+n. board� ' • . � ZZ SuUd.�2yy^Anrcicctronic_V�tiin�_system aaopted� '. �. 23 I�urch�"ed or otheri•risc ��cnuired aLLer,Septer�tse,r 1,r1975r bY , � ' ---._._.__�._____.�._____ __ il ' . ' � � • � �--� . . . �' � . ', . _.� . . . , � . � ' f� , ' ' ' , � � ' � �� l l � 1 � . . �\ � . , , . � I � 1 Z 3 a 5 6 7 8 9 10 X � 12 13 �a 15 I6 17 1Q �9 20 21 2Z 23 x� 25 26 , 2? 20 � �\ 2 9 34 • �1 .. 32 .•- , , :,, , ri� � C any countyworwMUnlcioality sh�ll not bc UsedMin �tty c�.ect ion. ' � Suhd. 3. 'fhc ser.rctary of state shall eonduct a study � of cxistin9 electronic votin9 sysCems dnd rerort to the lc�islaturc no l�tcr than January 15r 147Br on hi5 Eindin9s. ....._..._�_.........._._...._.,__�_-__....._..._..�....�..._.._......,... _.............�.......,._........r.._ The SL»dY sh<�11 include but sh�ll no� be 1lmlted to ' _._._._ _.._._ __... _ ____._____ __�._�.�...._w,._...,�.._._.........�___._.. proc.rrams, �j�sentee ba11oC nrocedure, verif7.caCl.on of accuracy� an�Wcentralizatlon and st�ndardization,r Ne shall ..�.... _�......_.____.. _....__._..._ �_...._._..._.........�..... .......�___.-......_......_.......__...,...._... have the power to ezamine t)�e clectronic voti.n� sYstem, test deck, and ballots fro;n anY prerinct !n whl.r.h an electronlC Votin� sy:�tero is eMnloYed, and to proVide for a mnnual count �.�».��.«��--.�.�..�+i.�....�..�.�.�.+..�+.�.r.we.�.«..+rw�+www�.+�r �.. � of the Yotes c��5t. �. �. 5ec� ?., �1�nnesota ,Statute� �1474, SeCtiott 206,075� .i� amended to read; '. " . �. 206�p7� GPREPARATIOid OF FI,ECTRONTC YQTING SXST�I�f PROr,R�t�s, j k:very program foT usc Sr1 an �lectipn conducted by means o� an elecCronic Yotina'SysCem shall bC prepared at the dircction pf the pxoPer authorl.ty haVinq �iirect charge o� the election and shall be independently veTl.fied qy a � competen� pe�son designaL`ed by such �uthority. The.term "campetent person" shall, mean a per5on other than and wholly independent of any �erson operAtj.n�3 oI' emplo��d by the count�.ng center aT the corporatiqn ot' other person preparing xhe proqran v�ho can demonstrate �hat he is knawledscabl� aS a compu�er programmcro A tesk deCk prepared by a competent person s1�a11 be used for indepenclent veri�icatJ.on ot the rrogram; it sh�ll tesl the max�:num digits used ip totallinq tt�e returns and must be.usable•by insertion durinq thc �'�abulation process �s wcll as prtor to t��bulation. Immec�iaCelY after tanulation of thc ballots tnc pronram shal.l he sealcd in the m��nncr provided for pnr•cr ballots and for}��rded^to_t,he secreCarY�ot�statc,�_whcre it shallyrem��in � � a�� m ._ �- . �-�� I � i ��/ \� „1�3�130 � . , . � , ' _� ' � � , ' ' � � - � ' ' . �' • � ' � � . _/ 1 � .1� . . I . .- .. : � __ - �� _ � .. . .Hi 9 Do _ 1 se�led_unttl �f��r thr`statc_canvassinq board�has cerkified' , 2 the results nf tne election. The sccretNry of state mdy �� 3 thrre�-�fter_mike use`of the nroqram_in canducting his_study 4 0� �lectronic votin�� svste�ms as provided in section 1 ot 5 this act. The attorney generAl Shall adopt re�ulmtions • 6 further detailin9 test {�xocedures.' ' 7 Sec� 3, �'here is a»Propriated to the secretary oP • B state fron Che aener��l tund a sum op S........�.� to carry 9 out the purnoses of tliis act. Notwithstan�itn�l t•linnesota � _._._. _ _ ...y..._ _ ...... _ _ ..w _ _ _ _ __ .._.._......... _ ._.. _.��..._._ _.,..... _.... _..... _ � _ ......, YO Str�tutes, SecCion 16A�2Q, or other 1aw thiS appropriation ls 11 effective the day ��ftr.r final enactmcht and 5ha21 expiTe 12 Janu�rY 15, 1476. � . � 13 Ser� q� }:xcepC as otl�ervrise speclfically provided, 14 thSs act is effective the day eEter fina�, enactment. «.�_ ........__—___---_•.___..._.._..__ �..__......,r..__ .. . . � � .. . `,� . • • . ' . �. 3' . CONTR�ICTOR'S LIC�NS�S TO A� APPROVED BY THE CITY COUNCIL AT TH�IR REGULAR MEETING ON DLCFMB�R 1, 1975 GENERAL COI�ITRACTOR �'P�Q�D nY W. H. Cates Construction Co. 3220 Xenium Lane Darrel Clark Minneapolis- bui. 55�41 By: Wallace H. Cates Com. Dev. Adm. CHr�ISTt�AS TREE LOT Shet•man Hanson 7699 Highway 6:� 0 By: Sherman Hanson Fee: � 125.00 � Robert Aldrich Fire Inspector ii ESTIMATES FOR CITY COUNGIL CONSTDERATION -�ECEMBER 1, 1975 Bianconi Cons�ruction Compar�y 986 Bayard Avenue St. Paul, Minnesota 55102 , FINAL Estimate No. 2 for Water, Sanitary Sewer, Storm Sewer & Street Grading No. lli5 $ 45,035.50 12 . � , �: � . _ . . 12 ,�i ' co:1STOCti � n:�vzs , r;�c. Consultin; En�ir�eers 1446 County Rbad "J" tlinneapo].is, �!innesata 55432 Date hov.l3, 1975 Hoaorable rlayor and City Council City of Fridley 6431 University Avenue, N.E. tlinaeapolis, Minnesota 55432 tle�en: Contract I[em j� �.r.p. i , - 90 Bend '� � - 45° Bend • � I - 22-1/2° Bend ! 6" x 6" x 6" Tees � ;� GaCe Valves � Plugs � � !Hydrant With Gate Va7.ves � :�rvice Connections 1 � ' Copper � ( � � " P.V:C._ 12' - 14' Deep ': ; ' P.V.C. .0° - 12' lleep ; ' D.I..P. 0' - I2' Deep � Standard rianhole - 0' - l2' . T1p ' �;tra Dzpth rlanYioles � �' C�SP.or 6" PVC Service Lines; 8T' Plugs �anular Pipe Beddino titate�ial � 15 " RCP, Class III : andard I�Ianholes, Design F : nholes, Besign C ar G ,•,H. Castings 7��-� E� 712 r:.H. Castings 801, 810 � 822 , �anular Pipe Bedding Ma�erial � Comon Excavation . ' ; .�+�' Hydrant Extension .(Negotiated price - $139.36)" � ' .� , � . � i • � : i nz. RE:: idater, Sanitary Setaer, Storm Sewer & �.' Stre.et Grading No. 117 Bianconi Construction Company Est. No: 2 Per. Ending O�t. 31, 1975 (Final � STATF.�`iE?�T OF ��TORK � " CO�iTP`�CT :sti.mated � Unit �uantity � Price 2,3�0 ; $ 6.56/LF � 1 i $ 38.00/�a ( 3 � $ 37.00/Ea � 4 ; $ 37.00fEa � 7 ; $ 56,00/Ea ( 5 ' $ 1b0.00/Ea ; 3 � $ 13.00/Ea � 5 i $ 650.00/Ea ! 34 � $ 31.00/Ea ; 950 ; $ 3.81/LF � I 500 ; $ 8�20!LF '. 1,�,00 . $ 7.20/LF ! ?_0 ; $ 1I.79/LF ' 11 ° $ 630.00/Ea b ` $ 43`.00/LF 950 $ 5.12/LF 2 $ 1I.50/Ea 2Q0 $ .05/CY b40 $ 9.25/LF 3 $ 388.00/Ea 4 $ 292.00/Ea. 3 $ 82.5G/Ea 4 $ I3(3.00/Ea 25 ; $ . 05 % C� s,�+oc� s i.a6/c� � Quantity This Est: 2,286.4 � 4 5 5 � 34 935 10.8 14s.2 z ..2Q 750.7 2 0 62�.6 4 4 0 � 2 , �.00 d . � ; � i , . i � � ' PP.OGRESS Quantity To Date 2,286.4 1 4 7� 3 5 � 34 935 � j 482.8 � 1,362.2 ' 20 � ; i� . 2.98 ? 1,005.7 ' 2 0 � � 623.6 4 � 4 ; . 4 ' 0 2 : 8,400 � ' 1 � i i . i Amoun*' • j � ' To Date j _ � j $ 15,684.70 ! _ $ 38.OQ t � $ �si.00 : � $ 148.00 j ; $ �392.00 ; � $- 800.00 : � $' 34.00 ` � $ 3,250.00 � ; $ 1,Q54.00.� i $ 3,562.35 � ; $ 3,958.96 ' � $ 9,807.84 : ; $ 235.80 ; $ _ 6,930.00 ' ` $ 128.14 ; ; $ 5,149.18 � t $ 23.00 ' � ; E � ': � $ 5,768.3Q j $ 1,552.00 • � $ 1,168.00 � : $ 330.00 : � $ 520.00 : ; i = ; $ $,904.00 ' : � , � $ 139. 36 ; � • • . . �� , � .� � . � � . . . . .. . � . ' . :,� �,...: � SU^L'�L�RY : ' � : 0 Original Contract Amount $_ 70,283.05 Contract AYlditions - Ct�an�e Order 1`ios.� $ -0- Contract Deductions - Change Order PJos. ,$ '�- Revised Contract Amount $ 70,283.05 Value Completed To Date $ 69,693.63 Liquidated Damages - 7 days @$100.00 per day $ � 7(ZO.Op SUB=TOTAL $ 68,993.63 Amount P,etained (10%) $ -�- Less Amount Paid Pre.viousl.y �c 23,958.13 AMOUivT DUE THIS ESTIMATE $ �45,035.50 CERTIFICATE OF THE CONTF.EICTOR I hereby certify that the �aork performed and the maCeri.als supplied tr� date under terns of the contract for reference project, and a11 authorized changES thereto, have an actual value under the contract of the amounts sr.own on this estimate (and the final quantities of the final estimate are correct), a.r.d �hat this esti�-iate is just and correct and no par� of the "Amount Due This Estimate" has been r�ceived. By / �/,%�Zc�a2-.� / ,C,r, �. �y� ; s �,�!, � -- �j2s:' 1-, D a t e �'� — % � _ �%�j Contractorfs Authorized Representati.ve (Ti�Ie) � • CERTIFTCATE OF THE ENGINEER � I herebvi certify that I have prepared or examineci this estimate, and that the contractor is entitled to gayment of this estimate under the contract for refe.rence project. CO?�ISTOCK & DAVIS, INC. � � � � ��- ;: � �, By �i`'-r�l�" Tl /��_`� Dat-e .�% /7 - 7S^ Respectfully suhu�itted, ' COMSTOCK & DAVIS, INC. cc: Bianconi Construction Co. 0 � ♦ By E.V. Constocic, P.E. 12 C 0 November 18, 1975 T0: Richard N. Sobiech, Publi,c Works Director City of Fridley REPORT ON FINAL INSPECTION FOR WATER, SANTTARY SEWER, STORM SEWER AND STREET GRADIfJG N0. 117 We, the undersigned, have inspected the above mentioned project and find that the work required by the contract is substantially compl.ete in conformit,y with the plans and specifications of the pro,�ect and any or all deficiencies have been corrected by the contractor. So, therefore, we re�omm�nd to you that the City approve the attached Fina1 Estimate for the contractor and the one year maintenance bond start from the day of the approval of this estimate by the City Coiancil. Additior�al Remarks See attached inspection reports. . �� ,� COf 'I�RUCTION INCHARGE - ASSISTANT ENGINEER ..�-%,,� ��--'%�` % lin �' L y r� � ONSTRUCTION INSP CTOR' • / r i n f''� � // / {\ "'\'�'' � N ��4�� _/�!-�/!,/��T�—i V..�iG°O. � � ,' �uc ONTRACT�PRESENTATIVE � 0