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03/03/1975 - 00015482-�, ,r. THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF MARCH 3, 1975 The Regular Meeting of the Fridley City Council of March 3, 1975 was called to order at 7:30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee invited the Council and aud�ence to �oin him in saying the Pledge of Alleg�ance to the Flag. Mayor Nee welcomed those in attendence and those viewing the meeting. ROLL CALL• MEMBERS PRESENT M�MBERS AGSENT ADOPTION OF AGENDA: Councilman Breider, Councilman Starstalt, Mayor Nee, and Councilwoman Kukovtski. None w Councilman Fitzpatrick, Mayor Nee said he would like to add an item for Council consideration which he would like the Council to think about through the meeting to determine a method of commending the Fridley High School Wrestling Team on their accomplishment on being State Champtons Councilman Breider said he would like item number five, the Consideration of the Appo�ntment to the Building Standards-Design Control Subcommittee considered along with the item numbered 14, the Consideration of Appointments to various Boards and Commissions. MOTION by Councilman Starwalt to adopt the aqenda as amended with the aforementioned items added and changed. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUP9 VISITORS MR DAP1 ROUSE, 210 RICE CREEK BLVD , REQUEST FOR ACCEPTANCE OF PRESENTATION OF ECOLOGY FLAG TO THE CITY FROM FRIDLEY SEMIOR HIGH STUDENTS ON EARTH WEEK: Mr Dan Rouse addressed the Council and explained he was a representative of the Fridley 5enior High Students and they would like to present the City of Fridley with an Ecology Flag to 6e flown during Earth Week, April 20 through April 26, 1975. He asked if the Council would accept the Flag. MOTION by Councilman Fitzpatr�ck to approve the acceptance of the Ecology Flag and that this flag be flown during Carth Week, Apr�l 20 through April 26, 1975 in Eisenhower Square. Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Rouse thanked the members of the Council and Mayor Nee thanked P1r. Rouse. OLD BUSINESS: SECOND REA�ING OF AN ORDINANCE AMENDING I - INTOXICATING The City Attorney, Mr. Virgil Herrick, addressed the Council and ex�la�ned that he had met with the �irector of Public Works, Mr. Richard Sobiech, and they had gone over the ordinance. H� commented that they had made several changes, most of which were housekeeping changes He mentioned the Council had anprevec the Ordinance on first reading several weeks previously. The City Attorney pointed out one change which he felt was a significant change on Pa�e 1-B of the Council agenda in the Section 603.081, Persons Ineligible, which was amended as underlined He said the Section read as follows• "2. Who is not of good moral character", and he explained that the fo?lowing language had be�an added to that portion, "and repute. If applicant has been an owner, manager or employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature, the City Council may consider the applicant's past p�rformance record in determininq whether a license shall be granted or renewed." He mentioned that the State Statutes l�mit this section to the original section, and it is possible for the City to adopt more stringent requirements. The City Attorney pointed out the change made in Section 603.10 to be the exceptions listed after no minor shall be employed, "except that minors may be employed as mustcians, busboys and dishwashers " He tndicated this change was added to bring the ordt:�ance in line vaith the State Statutes. 1 .�s� REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 2 The City Attorney referred the Counc�l's attention to the memo pre�ared for the Council concerning some additional changes that should be discussed by the Council. He said the changes had been suggested by the Administration and he believed the memo to be self explanatory and offered to answer any of the Counc�l's questions. Mayor Nee ind�cated that there had been c„ change suggested �n the memo for Sect7on 603.04 and he was unable to f�nd this section in the agenda. Councilman Fitzpatrick � said this had not been included in the ordinance. The City Attorney explained that this section requires an applicant for a liquor license to present the City with -- a statement from a certified public accountant showing the total gross sales and total food sales of the restaurant for the twelve months immediately preceding the application for renewal The City Attorney said he would like some indication from the Council relating to whether the Counci would wish to enforce this requirement or waive it at the present time. He said he did not think the current applicants for renewal had been complying with the requtrement. i�layor Nee stated hewould not want the provisions weakened. The City Attorney said he was not suggesting that this section be removed, he would like to I<now if the Council might consider waiving the requirement for the present time Ne advised the Council that the provision should be waived, or the current license holders should be contacted and requested to fur��is,ha statement from a certifired public accountant The Public Works �irector read the section as it exists to the Council. Mayor Nee asked if the figures could be determ�ned from the amount of liquor sales and the Public Works Director said yes. Mayor Nee asked if everything that is not liquor sales would be determined as food sales and the City Attorney said he believed so. Mayor Nee asked the City Attorney if he was sure that the applicants in the C�ty were not complying with this requirement at the present time and the C�ty Attorney satd he was not aware of statements being presented Mayor Nee referred the Council's attention to point number two in the inemo from the � City Attorney and asked if the currently being considered appl�cants for l�quor licenses resided in the City. The City Attorney explained that he was not sure on this, but irr these cases it would depend on who the applicant would 'nire as a manager of the business. The City Attorney explained that this may have some practical problems �n the enforcement of th�s type of provision. He quest�oned tf this requirement would stand through ,7udicial action. He said he would l�ke to see the Council adopt a more practical requirement than asl<ing the applicant to Ce a member of the communtty or resident of the City. He satd there were some determtning factors in the current wording. He menttoned that in policing the establishments, it was ihou9ht that the manager or applicant should be in the general location of the business for ready access. He pointed out again to the Council that he did not know if the language would be defensefull in litigation action. Counciluoman Kukowski said she would favor the idea that the manager of the business resides in the City. She said she could see that this would be impractical in some instances. Councilman Starwalt said he felt it would be good for the manager to reside �n the community because this would provide for community soirit. He questioned if this would be an advantage in competition Mayor Nee agreed, but indicated that if the provision in not enforcea6le, maybe there should be some changes. The City Attorney said he would also favor that the manager be a resident, 6ut there would be some problems in the admin�stration of the requirement if it is not waived for the current license holders. He said if this statement remains in the ord�nance, the license should not have been renewed. Councilman Starwalt said he would like tt ke�t on record tf�at the City would corisider � the manager's residence in the City to be benPficial, but this would not be binding. The City Attorney said this could not be incorporated in the ordinance, but it can be __ said that this would be favored by the Council He said if the restriction would remain in the ordinance, it should be enforced, or it should be waived. He also mentioned if the requ�rement is waived for one applicant, it would have to be waived for all. Mayor Nee asb�ed if th�ity Attorney could explain his remarks wtthin the statement numbered three in the memorandum to the Counctl The City Attorney said it had been a requirement that the City issue one license less than the maximum number permitted by the Minnesota Statutes. He explained that the purpose of this section has 6ecome obsolete because the City is now permitted to have private off-sale l�censes as well as municipal on-sale and off-sale. He also stated that the legisla�ure had authorized second class citTes with population over 20,000 people to issue up to 18 liquor l�censes. He said maybe the Council would like to decree 6y ordinance a lesser number available at this time and reserve some and hope for f�iture develo�ment. � REGUL,'1R COUNCIL MEETING OF MARCH 3, 1975 PAGE 3 The City r�ttorney explained that this would limit the influx of liquor licenses applicat- ions within the next two years. He also p��nt�d_ out that it would be possible for the City to impose more s�ringer�t regulations than set forth in the State Statutes. He advised the Council that the ordinance could be amended some time in the future. Councilman Breider said he did not know what the number would or should be. He expressed the view that 18 is high. He mentioned he did not think that there is 18 3.2 establishments in the City of Fridley. Mayor Nee said the criteria would be , for restaurants and he asked the number of restaurants in the City. Mayor Nee said he thought the 40/60 split would be a good one for the restaurants, but suggested the City contact some of them to find this out. He said maybe the 50/50 split would be better. Councilman Fitzpatrick said he was not aware of the history concerning the sales requirements and asked when this had been changed. Mayor Nee said at the present time the split requirement is 50/50 unless the Council would change this with the proposed ordtnance. Councilman Breider asked if the information on the operations in Bloomington would be public information. He recalled they had had some trouble with one business not obtaining the 50/50 requirement. The City Attorney said the other area cities are willing to give the City informat�on when it is asked for. The Finance Director agreed with this statement. Councilman Breider listed several of the business places in the Bloom�ngton area he would like to have information on The Finance Director asked if these establishments under the current City laws would operate under the same laws as the City of Fridley. Councilman Breider said yes, they have a 5U/50 split. f4ayor Nee felt this proposal t� be a good one and said rather than speculate, the City should ask for this information. Mayor Nee said if the City would change the proposed figures, they should give those that had applied for licenses this information and allow them a chance to � look at the figures for the change in their operations. Councilman Starwalt said he had come to the conslusion that he would not be able to vote on another liquor license until these facts had been vrorked out Council- man Starwalt stressed the settlement of the 40/60 split requirements should be taken care of before any more licenses are considered He said he would l�ke all the relevant factors taken care of Mayor Nee suggested that the Finance Director prepare a report for the Council on the requirements of the other cities using the same criteria. Mayor Nee asked if anyone had any questions or comments concerning the statement that the renewal license applicants furnish a statement by a certified public accountant. Councilman Starwalt said he did not think this requirement should be deleted or waived at this time. He explained the feeling that this information could aid in the consdieration of the criteria t'�at should be established in the City at this time. Mayor Nee said the Council would not want the provistons weakened and Coi,nc�lmar� Starwalt said he agreed with this statement. Mayor Nee said he felt the Council- members all felt the same about not weakening the provisions. Mayor Nee recalled the second consideration within the memo submitted by the City Attorney and mentioned if the manager is not a resident and this criteria would not be enforceable, he felt this should be deleted. Councilman Starwalt said he would � reluctantly agree. Mayor Nee said when the ordinance comes back to the Council for consideration, this portion could be amended. Mayor Nee continued to question the matters submitted by the City Attorney and agreed w�th the first sugqestton that there would no longer be a limit of allowing one less thar, the available license. Mayor Nee said he could not say at thts time what he would like to do about limiting the number of liquor licenses that the City should �ssue. He asked if the Council would like to look closer at this type of consideration on the number when the other reports are received by the Council MOTION by Councilwan Fitzpatrick to table the consideration on the second readtng of �he ordinance until March 17 after the consideration of the report on the operations in other communities is reviewed 6y the Council and that the ordinance be amended as directed through the c:��rrent discussion, and that the Finance director be instructed to inform the Fridley ltquor establishments to have a statement prepared by a certified public accountant to be submitted to the City. Seconded by Councilman Starwalt Upon ��I , � .i REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 4 a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIIIING RESPONSE FROM SPRINGBROOK NATURE CENTER FOUNDATION REGAR�ING THE PROP ON The City Manager explained that the Foundation had requested �n their letter that this matter be considered at a later time to allow the Foundation's legal Counsel to review the agreement MOTION by Councilman Breider to table the considerat�on of the proposed lease agreernent until March U, 1975 and recetve the letter from the Foundation dated February 26, 1975 Seconded by Councilman Starwalt. UPon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLU7 Mayor Nee pointed out to had not taken any action he would like to express he was in attendance REGARDING ?HE ISSUANCE OF INTOXICATING LIOUOR LICENSE the Ward Councilman „ Co�ncilman Star�wnit, that the Council in his absence of the previous week Councilman Starwalt said his appreciation that this matter had been held aver until MOTION by Councilman Starwalt that the resolution not be adopted until the Council resolves the 40/60 split requirement and also the other relevant matters concerning the liquor ordinance indicating he could not suppori any other liyuor licenses in the City until these matters are resolved. Seconded by Councilman �reider. Councilwoman Kukowski said she woudl not vote in favor of the proposed motion and mentioned that the Council had adopted the same type of resolution in the cases of the other liquor licenses applicants. She said the applicant is waitinq for a decision on the matter �ust�as well as the others had waited and reservations for the ltcenses had been made for 'the others. Councilwoman Kukowski said the applicant had been waiting for a long time. Councilman Fitzpatrick said this would only be a resolut�on to reserve the license until the applicant meets the necessary provisions. Mayor fJee indicated that if the resolution is adopted, there would be an obligation on the part of the City to issue the license if the applicant spends the money to comply with the pruvisior�s Mayor Nee indicated that there should not be any deliberation following a motion to table. , UPON A ROLL CALL VOTE, Councilman 3reider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting nay, Mayor Nee voting aye, Councilwoman Kukowski voting nay, Playor Nee declared the motion carried three to two. RESOLUTI01 NQ. 39-1975 - REQUESTING THE DEPARTMENT OF MILITARY AFFAIRS, STATE OF MINNESOTA THROUGH ThIE ADJUTANT GENERAL, TO EXPLORE THF POSSIBILITY OF ESTABLISHING A NATIDNAL GUARD ARMORY IN THE NORTHEAST SUBURBS UNDER A JOINT POWERS AGREEMENT Mayor PJee called on Councilman Breider to indicate te the Council the content of the resolution. Councilman 6reider reiterated the comments of the last meeting of the Council and indicated he believed the people of the City of Fridley are not ready to take on the entire expenditure as it relates to the construction of an Armory in the City. He indicated the resolution states that the City would be interested in a 3oint venture with the other northerly su6urbs and if this is established, the City would look more favorably on the proposal Councilman Breider said he believed the F�rmory wouid be better located north of the Locke Park area and perhaps within the airport property He thought that this would be more centrally located and the City would favor this type of participation �f it comes about. Mr. N�ck Garaffa, 675D Monroe Street, said he would feel 62tter if the resolution expressly ruled out the Locke Park si�e. Mayor Mee said i,he language of the resoluticzn in�iicates this fact. Councilman Starwalt commended Counctlman Breider on the contents of the resolution. MOTION by Councilman Breider to adopt Resolution 34-i975, requesting th� Department of MIlitary Affairs, State of Minnesota through the Ad,7utant General, to explore the possibility of establishing a National Guard Armory in the Northeast Suburbs under a,7oint pnwers agreement. Seconded by Councilwoman Kukowski Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF MARCH 3, 1975 IDERATION OF AN APPOINTMENT TO THE �:JILDING L PAGE 5 Mayor Nee said this ttem had been changed on the agenda to be considered along with the appointments to various boards antl commiss�ons, item number fourteen. NEW BUSINESS: RECEIVING THE MINUTES OF THE BOARD �F APPEALS MEETING OF FEBRUARY 25, 1975 �, REOCEST �C'R VAF.?l1�J�ES 0� THC FRSDLE'.' CITY CO�E AS FOLLOWS SECTIO�! 235.1�', The City f4anager advised the Counci] that at this t�me, there would be no action ncessary on the request. He suggested that the Council table the consideration and receive the ra�nutes until the matter is reviewed 6y the Building Standards-Design Control Subcommittee, unless there is some particular interest in the item at this tii�e. Mayor Nee suggested in matters such as this, that the ('ouncil point out the high points in the consideration for the benefit of the people, The City Manager indicated the request to be for an add�tion of a gas station located at 7250 Central Avenue. He said the Board of Appeals had recommended conceptual approval and suqgested that a survey be supplied to insure that the d�mension are correct and that a development plan be approved by the Subcomrnittee. He said the matter should 6e reviewed by the Bu�lding Standards Subcommittee before the Cn,uncil re��iews the r�atter. Mayor Nee asked why the community residents had not been a�proached in this line. He said he thought the neighborhood deserved to be notified of any Council action Tn order to bring some order to the area. The City Manager said there is a hearing on the Subcommittee level and the neighborhood is advised of the act�on to be considered. He said at this time, he felt the Council should have the whole picture of the matter and requested that oio Council action be taken unt�l the other subcommittee had made their recommendations to the Council. MOTION 6y Councilman Fitzpatrick to receive the minutes of the Board of Appeals Subcommittee Meeting of February 25, 1975. Seconded by Counc�lman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. RECEIWING THE MINUTES OF TNE ENUIRONMENTAL OUALITY COMPqISSION PIEETING OF FEBRUARY 24, 19 MOTION by Councilman Fitzpatrick to receive the minutes of the Parks and Recreation Commission meeting of February 24, 1975. Seconded by Councilvroman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE HUMAN RELFlTIONS COMMITTEE PIEETING OF FEBRUARY 20, 1975. MOTION by Councilm.n Breider to instruct the City staff to prepare an affirmative action document and that this document be reviewed by the Human Relations Committee 6efore coming back for Council consideration. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Human Relations Committee Meeting of February 20, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously , ' , 1 -, M REGULA.R COUNCIL MEETING OF MARCH 3, 1975 PAGE 6 REAPPRO�IAL OF LEASE AfREEMENT BFTWEEN THE ISLANDS OF PEACE FOUNDATION AND THE CITY �JF FRIDLEY. MOTION by Councilwoman Kukowski to reapprove the Lease Agreement betaaeen the Islands of Peace Foundation and the City of Fridley and authorize the �4ayor and City D1anager to sign the Lease Agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the metion carr�ed unanimously SECOND READING OF CORRECTED ORDINANCE N0. 576_- VACATION REQUEST BY JERRY GUIMONT. The Pu61ir_ Works Director explatned that when the ordinance was being filed with the County, they had been informed that there was an error in the� egal description on the ordinance He oointed out the change to be from "Rice Creek Plaza" to "Rice Creek Plaza South". MOTION by Councilman Breider to adopt the correct Ordinance No. 576, for the vacation request SAV #74-04 tzcause of an error in the legal description. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CLAII� FROf4 A. J. CHROMY COMPANY AND CORRESPONDENCE FROM CONSULTING ENGINEER S&W #114 • The Public Works Director recommended that the Council receive the claim from A. J Chromy and also the corresoondence from the Consulting Engineer He pointed out the communications on Page 12 through 12-F of the Council agenda. He also pointed out that there was a communication from the contractor A. H. Chromy within the matertal provided to the Council The Public Works Director said the status report presented to the Council in February �indicated the contractor was reluctant to progress property on Alden Way. He noted the previous Council action authorized that the contractor be not�fied that if the work was not completed the C�ty would contract another firm to finish the pro�ect. The Public Ulorks Director said the contractor had indicated that he would f�nish the construction. The Public Works Director said he had advised the contractor that the claim would have to be considered by the Council to approve payment of the clatm. He again recommended that the Council receive the communications and direct the administration to prepare a recommendation to be presented at the finalization of the project. MOTION 6y Councilman Breider to receive the communication from the Public Works D�rector dated February 27, 1975, to receive the communication from the Consuliing Ergineer dated February 17, 1975, and also receive the communications from the contractor, A. J. Chromy dated February 12, 1975 and February 19, 1975 and that this matter be resolved as recommended for the completion of the pro,7ect. Seconded by Councilman Fitzpatrick. Mr. Dennis Schneider, 6190 Stinson Blvd., addressed the Council and asked for clarifi- cation of the comments on restaking. The Publtc Works Director explained that the contractor did not take care of not distur6ing the stakes and the consultant had to restake in many instances The Publ�c Works Girector indicated that this would all be resolved within the recommendation. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. �CONSIDERATION OF ACCEPTANCE OF WORK UNDER SEWER AN� WATER IMPRO�EMENT PROJECT #115 BY B& B EXCAVATING, AND AUTHORIZATION FOR WITHHOLDING FINAL PAYMENT• The Public Works Director said there had 6een some problem in that the Contractor had nat patd the subcontractors. He advised the Council that the work had been completed satisfactorily and it had been inspected and all is in order. F9e said the work had been completed to specifications. The Pu61ic Works Director said it would be possible for the subcontractors to begin some legal procass against the G�nera7 contractor The Public 4;orks Director said at this time he recommended that the Council accept the work. He advised the Council that the City would have to obtain the appropriate lein waivers before payment of the claim. MOTION by Councilman Starwalt to accept the work completed under sewer and water � REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 7 Improvement Pro�ect #115 by B& B Excavating and authorize w7thholding the final payment until the appropriate lien wavers are receivetl by the subcontractors Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOIPlTMENTS TO BOARDS AND COMPIISSIONS: AND ' RECEIVING COMMUNICATION FROM RAY SHERIDAN, CHAIRMAN FRIDLEY CHARTER COMMISSION• The Ctty Manager said many of the terms are not up until April 1, 1975, but it was appropriate to begin think�ng about the appointments. He said the appointments are quite �mportant to the Council. He raised the o,uest�on of publication of the openings availabie to inform the pubTic. He said he felt the people who's terms are expiring should be contacted to determine whether or not they would l�ke to continue to serve on the various boards and commissions. He advised the Council that the item appeared on the agenda to inform the Counci7 of the openinRS, not for immediate appointments. Councilman Breider said he would like the opening in Ward i for the Building Standards- Design Control Subcommittee advertised as being available. He su7aes�,ee Cliat ±h�s openina be taken care of at the same time as those in April. Councilman Fitzpatrick asked if some of the appointments are be Ward appointment and some by at Targe appointment. He mentioned in some cases one Ward seems to I•zve greater representation than the others. He sa�d he did not know how the appointments had been recommended Mayor Nee said the practice of the Council ts to try to soread the representations from che various Wards Mayor Nee said hevould like it worked out that the appointments on the Planning ' Commission would end up with two women on the Plannina Commission. He satd there had never been a female on the Planning Commission. He said he was aware of the arguments to this request in that it is difficult to f1n� a woman qualified for this kind of tehm cal position. He mentioned the only way that a woman would be appointed to the Plann�ng Commission is that if she were appointed as a cha�rman of a subcommittee. Councilman Fitzpatrick said he was prepared to cooperate with this request on one comrat ttee. The City Manaqer suggested that the Plats and 5ubs Committee be the topic of conver- sation at the conference meet�ng of the current month. Ne thought the Council should resolve the matter of the Plats and Subs in con�un ction with the Env�ronmental Quality Commission. He said the Plats and �ubs has very iittle to do since the City has become developed to the po�nt it is today. The City Manager satd there ts some concern of whether the Plats and Subs should be reevaluated with a new direction. He said this matter cou7d be left open unti7 the conierence meeting on the fourth Monday of �he month, March 24, 1975. He suggested the duties of the subcommittees h��reviewed and modified to better suite the needs of the City. He po-�nted out that their current activity should not be what it had been 15 years a�o He said the City has grown and the needs of the C�ty have changed. Mr Nick Garaffa qiaestioned tf the next time this topic is dtscussed, would the appoint- ments on the various committees be evenly matched for iocation. He mentioned on some commtttees there are two or three people representing the same block. lie suggested ' the Cauncil attempt to allow the appointments to be from an even spread of the Wards. He asked if some kind of report on this could be prepared. MOTION by Councilman Starwalt to direct the Aministration to contact those people who's terms will be expiring to get an expression as to whether or not they would like to continue to serve and also that the Administration prepare a report on the distribution of representation on the various boards and commissions. Seconded by Courzcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. Councilman Breider sa�d tirith everyone concerned a6out the d7stribution of Ward appo�ntments, maybe, the Ward Cuunci7member should make the nominations for the at large positions. Councilman Starwalt said the relocation of Ward boundaries has further complicated the problem. Mayor Nee recalled that there had been a plan presented for the appointments which � REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 3 was prepared by the Administration some time ago He asked if this would clarify the appointments. Councilman Fitzpatrick said this had been prepared by the staff and reviewed by the Planning Commission in great detail. He said it included the concept that a new Mayor may make an appointment to the committees He said the plan had been elaborately worked out. �Mayor Nee recalled the plan was cmplicated. The City Manager said the plan could be brought back to the Council and this could be a starting point. He sa�d these modifications could be reviewed at the conference meetinq. The City Manager po�nted out the memorandum from the Chairman of the Charter Commission, Mr Ray Sheridan, and satd he would ltke the Council to submtt names to Judge Gillespie for the ava�lable openings in the Charter Commission. He mentioned Mr. Sheridan included the names of the people who w�sh to continue on the Commission and had added four names of other recommendations for appointment. The F�nance Director pointed out that one person had been left out on the list and this was Mr. Roy McPherson. The Public Works Director said ei�ht two year terms would have to be filled. The Public Works Director indicated there were also four year terms vacant. Mayor Nee said any person who would like to be considered for appomtment to the Charter Commission shou�d either contact a member of the Council or submit their name to �udge G�llespie, Anoka County. Mayor Nee asked when the names should 6e submitted. Councilwoman Kukowski indicated according to the informatton submitted in the agenda, the terms had expired oi� January 23, 1975. The City Attorney suggested that this be done at the end of March or beginning of April He said it had been suggested that the �udge make the appoint- ments late in March or early April. �Councilman Starwalt said he felt the persons interested in the appointment to the boards and commissions should contact the Ward Councilmember, Mayor or Councilmember at Large. Mayor Nee mentioned that the recommendation for appointment for the Charter Commiss�on may hold more weight if it came from the City Council ION N0. 35-1975 - AUTHORIZING THE CITY ADMINISTRATION TO ENTER INTO A CONTRACTUAL THE PU The City Manager explained th�s resolution would authorize the Adm�nistration to enter into a contractual agreement for obtaining $38,924 for the emergency training or CETA. He said the funds would be av� �blr for the remainder of 1975 and would be used to provide two peopel in the Naturaltst's tree program. He further explained the purpose of the program is to provide supplemental employment where there had not been before. He said one person would be hired in the Public Works Department and this would 6e to work anywhere within the street, water or sewer maintenance areas. He said one person would be used in the administrative staff to work in the City Manager's office to do some research for the Council, City Manager and Public Safety �irector. �Councilwoman Kukowski asked if a woman could be used in the program. She continued to cite that by the �iescription of the work involved, it would seem that the qualifications would be for all able bodied male persons. She asked if the research posi±ion could be filled by a woman The City Manager explained that the criteria of the program in that the person would have to be unemployed or undere���lc�yed would have to be followed He mentioned that there is a list of criteria for the City to follow. Counciltidoman Kukowski mentioned that there are many wonen that are the head of their household and hurting with the present state of the economy. The City Manager said if this is the Council's choice, the administration would attempt to hire a woman if such a person �nn7���d_and �uai;f�erl f6r the position. MOTION by Councilman Fitzpatrick to adopt Resolutton No. 35-1975, authorizing the City Administration to enter into a contractual agreement with Anoka County for the purpose of obtaining funds from the Federal Government Comprehensive Employment Training Act, Title VI (CETA) which prov�des employment for unemployed and underemployed persons in the Public Serv�ce Area. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee dec'ared the motion carried unan�mously. � ��T REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 9 RESOLUTION N0. 36-1975 - IMPOSING LOAD LIMITS OM Pl1BLIC STREETS AND HIGHWAYS IN THE MOTION by Counc�lman Starwalt to adopt P,esolution No. 36-1975, imposing Load Limits on puhlic streets and highways in the City of Fridley. Seconded by Councilwoman Kukouski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. RESOLUTION NO 37-1975 - IN OPPOSITION TO SENATE FILE 436 REGARDING THE ISSUANCE OF ' OFF-SALE WINE LICENSES TO GENERAL FOOD STORES• The City Manager indicated that the Administration had provided the information in the a9enda and the major potnt of consideration would be that the City is in the liquor and wine business. MOTiON by Councilman Starwalt to adopt Resolution No. 37-1975, in opposition to Senate file 436 i°egarding the issuance of off-sale wine licenses to general food stores. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 38-1975 - AUTHORIZING THE CITY A�MINiSTRATION TO APPLY FOR FUNDING FOR The City Manager explained the item had been brought back to the Council as directed at the previous meetin9. He indicated that the original request for the program from the City had limited the City's involvement to prnviding space, now tt had been determined that the program would need the City's sponsorship or the spnr,sorshi�a by another governmental agency He said the first thing the Council would have to determine is whether the City government should became involved in this type of service. He mentioned the Community School program in the area and indicated that this program may be more controled through this service. The City Manager said if the Council would determ�ne that they would want to sponsor � such a program, they would have to determine if total funding for the pro,7ect or partial funding should be sought. He mentioned the City would be contributing the space, desks, and the telephone service. The C�ty Manager said in working with Mrs. Grace Lsnch, Human Relations Committee, it had been proposed originally that the budget would be in the area of $19,000 and this would be for one full time person and two part time people. He said after consideration of the City Amim stration, it is the feeling that the budget request would have to be in the area of $27,000 to cover the necessary materials, training, etc. The C�ty Manager informed the Council that there is a sim�lar program being offered in New Hope and their budget is $30,000. He sa�d in this case the space is also provided. He reiterated the two questions for the Counc�l to take action on at the present time. Mayor Nee said it was his understanding that the City would not make any contr�bution to the program in cash He said he thought the only contribution of the City would be for space, desks, and some staff help. Mayor Nee said he did not think the application would be unreasonable to cover the cost of the necessary �tems The City Manager sa�d he felt the $27,750 would 6e more in line w�th the needs of the other established program. He said funds enough for the program to be reasonably active should be sought. He sa�d he wou7d like to have funds enough to be able to hire a trained person. He sa7d he would not want the service to the City to be minimal. Mrs, Grace Lynch addressed the Council and �ndicated the belief that the program could not be handled in the City of Fridley by the Community School program as it is � in the New Hope area. She pointed out that there are four school districts in the City and it would 6e impossible to centralize the program for total effectiveness. Mrs. Lynch said she did not think it was an unreasonable request to ask the City for space. The C�ty Manager said the program could not be restricted to those who live the closest to the locat�on of the phys�ca7 facility, but he indicated that those who do live in the �mmediate area would be able to readily o6tain the service. The C�ty Manager sa�d the City would be responsible for checking the program to determtne if the service met the goals of the program and the gaals of the City in making the application for the funding. He pointed out that the North Suburban Youth Center had originally obta�ned Fetleral Funding and this had been discont�nued and Coon Repids is paying the ma�ority of the costs for operation at the present time. 11 REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 10 Councilman Fitzpatrick indicated that there are some County funds involved in the Youth Center, but the pro�ect is mainly funded by Coon Rapids. Mayor Nee said there was no present proposal that the City provide money for the cost of the pro�ect. Mr. Nick Garaffa said he would like to speak in favor of the proposed program He �indicated that there are persons who have not been employed before or have not been employed for a long pertod of ttme and it would 6e tmportant that these persons obtain the reassurance that this type of program could offer. He satd if a woman has not worked for ten to fifteen years, she would not know how to prepare a resume and some do not know how to `ill out an application blank. He said he hoped the Council would vote in favor of the proposal. Mayor Nee asked if the State Employment Service would cooperate in other areas for this type of serv�ce. Mrs. Lynch said the woman receives no satisfaction from the State Employment Service off�ce Mr. Peter Ilerlofsky, Administrative Assistant, recalled that he had contacted the State Employment Service concerning this proposal and 'nad been assured cooperation in every respect. He continued to explain that he then called another off�ce of the service and was directed to call Mrs. Lynch because she was more familar with the program than this office. Mayor Nee said Anoka County is setting up an off�ce in Columb�a Neights and asked if this would duplicate this service Mr. Herlofsky said he could not define what would be duplicatton in the employment counseling area. He said Mrs. Lynch had some very defin�te type of counseling in mind and this woulc' 6e on a more personal basis Mayor Nee said if the woman is makin9 her first contact with the �ob market what type of reference would be given in other areas. Mrs. Lynch said the counseling would �deal with the total woman, not �ust what kind of �ob she wants She mentioned this may be to advise the woman what type of educational services are av��i1�6'e to her. She said that she had talked to women who had not worked for 27 years and some that had never worked. She said the State Employment 5ervice is not geared to helpiny out this type of person, they want the �ualified person She said the only thing they will hear at the State Employment service is that there are no �obs available for th�s tyne of person. Mayor Nee agreed w�th the statement expressed by Mr Garaffa that woman who return to the job market would return the tax dollar. He said he felt that there is an urgent need for this type of service in the community and he felt if the C�ty did not apply, thts would be established in another area ar�d not to the benefit of the community. He stressed he did not think the serv�ce would cost the City money MOTION by Councilman Fitzpatrick to adopt Resolution No. 38-1975 authorizing the Cfty Administration to apply for funding for a Women's Counseling Service through the Comprehensive Employment Training Flct, Title I, and that the budget be approved for application in the amount of $27,750. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee dec1ared the motion carried unanimously. CLAIMS: GE�dERAL 39141 - 39193 LIQUOR 9636 - 9642 �MOTIdN 6y Councilman Starwalt to pay the claims. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unam mously. LICENSES CIGARETTE � Metro 500, Inc. P4etro 500, In� 5701 University Avenue N. E. Fridley APPROVED BY Public Safety Director FEE $12 00 The Fridley Fun Center T L. Suggs Public Safety �irector $12 DO 6440 University Avenue Frldley Q �� REGULAR COUNCIL MEETING OF MARCH 3, 1975 SERVICE STATIOPI BY � • • •1ITI�I�Il'1 PAGE 11 FEE Gustavson Grind�ng Floyd Gustavson �eputy Fire Chief $30.00 7410 Old Central Ave. N. E. MOTION by Councilman Starwalt to approve the Licenses. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee decTared the motion carried unanimously. RECEIVING REPORT FROM CITY ATTORPlEY CONCERNING ELECTION JUDGE REGULATIDNS. The City Attorney said a memo had been submitted to the Council and he felt the memo spoke for itself. He said he had tried to prepare an ord�nance and had done some research and had determined that no other commun�ties had any such provisions. He said he was not su�e what the Council had in mind in the direction to prepare such material for consideration The City Attorney advised the Council that they did have the authority to adopt rules and regulations and he would be willing to put the rules and regulations together, but he would need some guildelines from the Council. Mayor Nee d�rected the City Attorney to tall: to Mrs. Helen Treuenfels to determine if her thoughts concerning this request cou]d be expressed in this type of provision. COMMUNICATIONS. FRIDLEY POST OFFICE: COMMENDATION TO PUBLIC WORKS DEPARTMENT FOR OUTSTANDING JOB OF SNOW REMOVAL� P10TION by Councilman Starwalt to receive the commu m cation from the Post Office commendtng the Publtc Works Department and dated February 24, 1975. Seconded by Council;�ioman Kukowski Upon a voice vote, a11 voting aye, Mayor tJee deciared the motion car•ried unanimously ' CHAMBER OF COMMERCE: SUPPORT SPRINGBROOK NATURE CEPITER FOUi�IDAT?ON: ' MOTIOP� by Counc�lman Fitzpatrick to i°eceive the communication from the Fridley Chamber of Commerce in�upport of the Spr�ngbrook Nature Center Fo�ln�!ation dated February 21, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, h9ayor Nee declared the motion carried unanimously. CONSIDERATION OF ACTION OF COMMENDATION TO FRIDLEY WRESTLIPdG TEAM. Mayor Plee sa=d he had received a request that the City aid in the fundtng of a banquet for the Fridley Wrestling Team. After some d�scussion, it was determined that without a dollar figure to consider, the Council would like additiona7 information concerning the aid in fund�ng. The City Attorney indicated if the request was not too large, this could be determined a civ�c expenditure. He thought this would be legal. MOTION by Councilman Starwalt to direct t�ie Admtnistration to prepare a plaque or certificate of achievement �or the members of the Fridley Wrestlinq team. Seconded by Council��n;,an Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carreid unanimously ADJOU4NMENT• MOTION by Councilman Breider to ad�ourn the meetin�. Seconded by Courictlwoman Kukowskt. � Upon a voice vote, all vot�ng ay�=_, '^ayor tJee declared the motion carr7ad unanimously and the Regular P�eeting uf the Fridley City Council of P9arch 3, 1975 ad,7ourned at 10.24 P.M. P�esoectfully submitted, �.�'� `���.e-yYz, Pat Ranstrom Secretary to the City Council Date Approved �- �' �s William J, Nee Mayct°