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03/17/1975 - 000154343� THE MINUTES OF THE REGULAR P9EETI�IG OF THE FRIOLEY CITY COUNCIL OF MARCH 17, 1975 The Regular Meeting of the FrTdley City Council of P-larch 17, 1975 was called to order at 7•30 P.M. by Mayor Nee. PLEDGE OF ALL�GIANCE: Mayor Nee welcomed those present at the itteeting and invited everyone to ,7otn the Council in saying the Pledge of Allegiance to the Flag. ROLL CFlLL: MEDIBERS PRESENT MEMBERS ABSENT PRESENTATION aF ,4WARDS Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee. Dlone. PRESENTATION OF PLAQUE FRIDLEY STATE WRESTLING CHAMPIONS Mayor Nee asked if there was anyone present concerning the presentation. It was indicai.ed that there would be representation from the wrestling team. (Nate� This presentation was given during the visitors sect�on.) "RESEPITATION OF CERTIFIC�1TES dF AP?RECIATION MS. PARNIAN TAID?, ADIERICAM FIELD STUDENT MR. HEPlRIK FOLIN, ROTARY INTERNATIONAL STUDENT� L___l Mayor Nee called Ms. Taidi and Mr. Folin forward to receive their cert�ficates ' Mayor Nee said the City Council wanted to recognize and welcome the students to the City of Fridley. He satd the certif�cates are lenathy and he was not aoing to read them at the present time Mayor Plee said he was happy the students had come to the City of Fridley and he welcomed them to the Council meeting. Mayor Plee presented the certificates to the students and the students thanked the Counc�7. APPROV,4L GF MINUTES: PUBLIC HEARING PIEETING OF FEBRUARY 10, 1975: P40TIOfd b�� G�uncilman Starwalt to adopt the minutes of the Public Hearing Meeting of the Fridle�� Ci,:�r Council of February 1Q, 1975 as presented. Seconde� by Counctl�Freman KukowsF.�. Jpon a voice vote, all voting aye, Mayor Nee declared the motion carried una m nously. ADOPTION OF P,GEN�A. Mayor Nee indicated that the administration had presented him with a proposed resolution to be considered wi�h *he item listed on the agenda concerning the support of a House File regarding the Islands of Peace. He also mentioned that the Human Relations Committee Cha�rman, Mr, Harold Belgum, wished to present a proposc�l resolut�on to the Council for considei°ation Councilman Breider said he had recetved several ieiiers from residents concerned with Pro,7ect ST 1974-2 and would like to receive these communications along with the consideration of this pro�ect. MOTION by Council�nan Starwalt to adopt the agenda as amended with the addition of the items previously discussed. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM• VISITORS: I� Mr. Walt ufenholz, Coach of the Fridley Wrestling Team addressed ihe Council and indicated he was representing the team He explained t!;a' the team was not present because there was an orientat�on �or new wrestling team members and the team was currently demonstrating for this new group. He said the other Coach, Mr. Joe Frank, was also involved in this demonstration � REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 2 3:3 Mayor Nee read t�e inscripti�n on the Plaque and thanked Mr. Wenholz for providing this service to the community arod also for the Nublicif.y tha C�ty had received throuch their accomplishments. Mr. Wenholz express°d kiis thanks to the community for the�r fine support of the Fridley High School 'drestltng Team. PUBLIC NEA°INGS• CONTIidUED PUBLIC HEARING OPJ FINAL ASSESSMENT ROLL FOR STREtT ih1PR0UCN1EPJT PROJECT CT 1Q7a-? f'(1NTTNIIFf1 FRf1M 2/lh/7� • The City Manayer saicl there are three alternative rolls •`or this assessment. One had been presented at th�e meetuig the previous week. Mr. Mervin Herrmann, Assessor, hriefly explained the three propasals to the Council and audience. The first or original roll would have tl;e s�de footage on thc wes� side of 7th Street spread to University Avenue on Mississipp� Street and south side of 66th Avenue and one-half way down the blcck on the ncrth side of 67th Avenue. The szcond proposal, Alterrate Roll No. 1, would assess the side footage o�,the west side of 7th Street spread to University Avenue on Mississippi Stree�, both sides of 66th Avenue and south side o` E7th Avenue. The ±hird, Alternate Roll Nc. 2, would assess the side footage on the west side of 7th Street spread one-half way down che blo:.k on Mississippi Street, both sides of G6th Av�nue and south s7de of 67th Avenue Mayor Nee askE�d w'�ich alternative followed the past policy of t{�e C�ty ar,d the Finance �irector said this was the first one mentioned, tne Original Ro71. Councilman 6reider said the normal City policy is to assess only ore half way up to University. The Finance Director said the alternate rolls had been requestzd because in this area, there were a couple of streets that may never have a side �yard assessment. Fle said this is where the change in policy had been propesed. He mentioned that in another area where a similar situation d7d arise, there had been a change in this policy from three to four _years ago. Councilman Ereider asked if there was any future assessmcnt possible for these properties on the westerly one half of 66th and 67th toward iJn�versity. Ne asked if they could be assessed for improvement of the U m versity Aver�ue intersection. The Finance Director said not that he was aware of He said they could be assessed some time in the Future for front assessments and curving, but not far s�de screet assessments. Councilmar� Breider asked if there was to be any impravement by the Red Owl complex, either frortor• s�de The Finance Director said he could not determine if there wouTd be any development or changes within th�s area. Councilman Breider said he had received several letters frr�m the property oi-vr�ers �n the area and it would be in order to receive them at this time. MOTION by Councilman Breider to receive the communications from P1r. Georg� Mei=srer, 373 Mississippi Street, �uate� March 4, 1975, Mr. Roger G FeiLac, 509 �lississipnl Street, dated "4arch 11, 1975, Mr. Lyl and Mrs. P1arion Klous, 370 66th Avenue PL �. dated March 12, 1975, and Mr. Larry E. Jodsaas, 347 Rice Creek Terrace, all in opposition to a change in policy on the assessment for ST 1974-2 Seconded by Councilman Fr±zpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion c�rried una m mously. Councilman Breider summarized the reason that the alternate roll had been requested. �He indicated that he had favored the adoption of the roll that would follow the poi�cy ANhich would assess the side yard rate only one half the vaay up the street until he had been made aware that there is a possibility of some assessm�nt to the remainr�er of the people in the future. He recalled the point made by P1r. Meissner that at th� preliminary hearing, it had been indicated that this would only be assessed one half way up the block Councilman Breider said his recommendatt�n to the Council wou1�1 �e to onl�t go one- half way down the block to lJniverstty on 65th and 67th. He sa�d t�is would be Alternate Roll No. 2. Councilman Breider listed the costs in this �roposed roll as 328 12 for the front foot assessment for commercial property, $12,91 for the front foot assessment for residential property, $4.71 per foot for the side street assessment for com�nercial, and $2.17 per foot for the residential side street assessment. Mr. George Meissner, 373 Mississippi Street, addressed the Council and said he had wrrtten a letter to the Council that had been received earlier in the meeting. Mr. Me�ssner said he had talked to a number of popele in the area and this would pt°imariTy J t± �T REGULAR COUiVCIL MEETING OF MARCH 17, 1975 PAGE � be about one half of the people. He said he thought he could speak for some of them in relating that they had been told at the prel�m�nary hearing that the assessment would only go one-half the way �own ihe block He said this is what Mr. Brunsell had indicated at the time of the hearing. He called the Council's attention to the language on the public hearing notice and indicated that the area would be assessed accord�ng to the benef7ts rece�ved. He said if the assessment is thought of in th7s light, it would provide a different viewpoint. Mr. Meissner indicated that all of the people who live in the area would receive the same benefit from this improvment � because this is their only access to the area He indicated if this would be followed, the benefit would be received by the people all the way to Rice Creek. He indicated he believed the pol�cy of the City to be to only assess the abutting properties. He said this may cause the assessment to beco�he lower for the individuals in the area, but he thought that the Council should carefully consider th�s change in policy. He suggested that this is an unusual situation and that perhaps the Council could consider spreading the assessment against the tax rolls for the entire City He said this may be a few doilars a year for everyone, but fie felt this wouid be more equitable. Mr. Meissner said he is still opposed to any assessment in this area. Mr. Roger Harrnon, 388 66th Avenue, quest�oned the status of the road between 66th Avenue and 67th Avenue. Mayor Nee explained that this is a City road that had been improved by the State H�ghway Department. The City Manager said it is a City Street which is mainta7ned by the City and th�s will continue to be the City's responsibility. Mr. Jack Grimes, 378 66th Avenue, addressed the Council and expressed the view that if the side road west of 66th and 67th wnuld be assessed this would not be too costly. He asked if it would be possible to assess the property to the west side of 66th and west side of 67th Avenue. He said he is paying for the whole assessment no matter how the roll is figured and thought th�s may be the way to do this. He said this would spread the essessment over a greater number of people. He said this would be less of a burden on those that have to pay, He sa��l he would favor the assessment all the way down to Mississippi and 66th and 67th. Mr. Nick Garaffa, 6750 Monroe, said he thought the Council should reserve their comments ' to what is being done at the present time, not think of all the situations that may come up in the future concerning this area. Mr. Ellsworth Hinz, 384 66th Avenue, said he would favor everyone on the street being assessed. He indicated that 7th Street is the only access to the area and �'r would only be fair that the assessment would be equal. Mr Lowell McGregor, 355 66th Avenue, questioned if the corner is improved, how would the people of the area be assessed He said that there is a great deal of traffic in the area He commented that he would be willing to pay for 7th Street. Mayor Nee thought that if this type of assessment were spread, it would be very difficult for future Councils. Mrs. L. W. Benner, 357 66th Avenue, indicated if the assessment is to be spread all the way to University, she would like to see the Red Owl er�tr��r,�:e closed. She indicated there is a great deal of traffic created by the access to the Red Owl parking lot on 67th She explained that there is dirt and dust created and she would iike the exit closed. Mrs. Benner said she would �e wiiling to pay her share of the assessments. Mr. John Larson, 367 67th Avenue, quest�oned the policy of the spread of the assessments in this area and asked if this would be one half the way up the block. Mayor Nee said better language to express the pol�cy would be tc� say half way to the next assessable property. Mr. Larson said if the assessment would go all the way up the street, ' the area property owners would all be paying and Red Owl would pay nothing. Mr. Larson said the road is not kept up by the Red Owl store. The C�ty Attorney said he had one word of caution for the Council and indicated it would be very difficult to show the benefit for any assessments 6ack to Mississippi from improvement of the intersection of Mississippi and Highway #�47. MOTIQN by Counc�lman Breider to close the Public Nearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing clused at 8 19 P.M. OLD BUSiNESS: ORDINANCE N0. 579 - AN ORDINANCE AMENDING CHAPTER 603 - INTOXICATING LIQUORS (TABLED 2/3/75 AND 3/3/75): Councilman Breider said he hated to bring up a new concern about the proposed ordinance, but it seemed everytime it had been considered, there had been addttiona7 questions. J � REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 4 Councilman Breider said his concern was �hat there are no posstble provisions for the suspension of a license. He said it had occurred to him Lhat the only provision for suspension is that a license holder is to be of good moral character and repute. He said an addit�onal �rovision may be that the license holder musi. meet t�e 40/6D split. He suggested that some other language be implicit in the ordinance `or grounds for suspension. The City Attorney pointed out on Page �-B of the Council agenda that the language 'had been "and repute. Jf the applicant has been an owner, manager or empl�yee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature, the City Council may consider the appltcant's past performance record in determining whether a license shall 6e granted or�-enewed."He said this had been changed to relate to the renewal or granting of licenses. Councilman Breider said it corcerned him t�at he was not aware of what k�nd of performance record that the ordinance would be directed to. He asked if this would mean a gambling violation, serving liquor to minors, serving liquor after hours, or is there a particular item that could be considered ,rounds for sus�ension. The C�ty Attorney said this provision would relate to the willful viololation of an ordinance concerning the sale of intoxicating liquor He said the problem in this provtsion would be to prove that the act of violazion was w111fu1. He suggested that the Council not act on the amendments too soon. Ne said -if the Courcil desired, the Administrat�on could research this point and come back to the Council with a recommend- ation that could be reviewed at another time. Councilwoman Kukowski ask�� if this type of language could be incorporated in the ordinance and �ndicate the reasons that the Council would take a license away. The City Attorney said if there is a vio]ation of the State Statutes, the City would have to revoke the license. He said it would be possible to have the same language in the ordinance, butthis would not help the City's position He said if the Council want te incorporate some lanquaoe in the ordinance to this effect to up9rade the provisions of the State Sta*utes, this is possi6le and would strengthen the City's position He said the City would be allowed �to determine this type of cri�eria. The City Attorney indicated if there is a�olice problem or the establishment would be a threat or enfringement on the �zealth and safety of th� citizens, tiin�P_ could be grour�ds for tf�e City to revoke the license and could be added to the ordinance Mayor Nee asked if the license could be revoked �f the establishment was not meeting the parking requirements of the City. The Ciiy Attorney asked ir u�>>question referred to the people who were in business in the City prior to the adoption of the ordinance. Mayor Nee said he was not directing the question entirely at tiie parking provisions, he would like to know if the establishment would v�olate any portion of the City Code. The City Attorney indicated he would hesttate to say that a license could be revoked because someone failed to meet the p�.��i;m� requirements. He said �f this would mean the existing businesses, the ordinance would have been adopted after they began op2rations Mayor Nee asked tf the sprinkling system could be used as a means of suspension �f this is not complied wtth. The City Attorney answered that he could not say if this would be absolute. He continued to comment that if the Council allowed a certatn reasonable amount of time for this installation, the Court after such a suspension may sustain this if challenged. Mayor Nee said if the ordinance would indicate that the establ�shment would have to put in sprinkling systems and nroui�e �ine par•king space for every thre� in seating capacity and the license holder says he will not do it, now the City does notfnng a6out it. He said this would not be grounds for revoking the lir.ense, it would be ' a misdemenor charge. The City Attorney said if the sprink�er provision was w�tVi�n the ordinance and the time of the license had elapsed, and the license holder had not complied with this requirement, and the Council proceeded to suspend the license, the Court would probably sustain this posit�on of the Council. Councilman Breider said he was concerned about being fair to the license holder He said the C�ty should tell the license holder evhat they expect of them. Fle said also, the Police Department sho�ald kr�er what constitutes a violation so they can bring any relevant material to the Council for consideration. He mentioned as an example that there is a requirement that no one should be served a drink if intoxicated He said one establtshment may foll�w this provision and another net care ahout it The City Attorney said the Council would have the authority to a�Z on this type of violat�un at the present time. Councilman Breider said he did not think the Council was aware of what constitutes a viola*ion that would be grounds for revoc�tion He suggested that this type of discussion be conducted with appropriate information from the Poltce Department and also with the representatives of the various establish- �� RLGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 5 ments within the City. He said he did not think the Council had ever reviewed this type of matter before renewal of a license in the C�ty. Mayor Nee asked if there was anything the Council could do anyway. The City Attorney said he did not think that this is true. He said the volume of police calls would have some bearing on whether or not the operation was well managed. Counc�lman Fitzpatrick said if such a policy is prepared, it would give the Council the right to issue or not �ssue a lacense. He said he felt the establishment of such a policy , would help the Counicl in reviewing and would give the Council something to compare the operat�on with. The City Attorney said the Council has the inherent poaaers and if the establ�shment being reviewed is such that it is detrimental to healtf�, welfare and safety of the citizens, the Council could revoke or not renew the l�cense. Councilman Starwalt said he agreed w�th Counc�lman Br�eider in that the more the Council can put in the ordinance the more defenstble it would be making it better for the Council and the City. He said it would be difficult to construct the best worrling. Mayor Nee asked if the other ordinances in the area had 6een examined. The City Attorney sa�d the one ordinance in effect in the City had been drafted from the Bloomington ordinance. He indicated that there had been a citizen's commlttee established in the City of Fridley to review many ordinances of other communities. He said the comm�ttee reviewed many ord�nances and made a recommendation to the City Council on what should be included �n the City's ordinance. He said the ma,7ority of the Fridley ordinance had been taken from the Bloomington ordinance. Councilman Breider said he would like to establish some provisions for the Police �epartment so t�hen they come up with a vioiation it couTri be brought to the Counc�l. He said as it currently stands the Police De�,artment has unlimited d�scretion and it would be up to their personal ,7udgement whether or not a v�olation had been committed. He said he did not know if they should or even wanted this type of position. He again suggested that something be incorporated within the ordinance that would establish a pol�cy for the ' Administration. He suggested that the Frov�sions of the State Statutes be incorporated in the ordinance andalso many other requirements that the City may wish to establish He said if this is noi done in form of the proposed ordinance, the Administration should be furnished w�th a policy statement. The City Attorney said he would aqree with the later statement. He commented that there had been a great deal of discussion on the policy and he thou9ht that this policy should be set down by the Council and passed on to the Administration fm�ase of the Departments involved. Councilman Breider as{;ed if the Admim stration would bring back something to the Council Tn this form to be discussed at a later date. He said he would lzke this statement to offer recommendations for requirements that could be lived by, an explanation of the State Statutes and what the rights of the Council would be in this area. Ma�;or Nee asked the City Attorney to summarize the changes in the ordinance. The City Attorney referred to the first of three changes on Page 2-B of the agenda book and indicated this dealt with Section 603 081. He read the addition to this Section as referred to earlier in the meei,ing. He said the second change was the eiimination of the Section that required the manager 6e a resident of the City of Fridley. He said the third change on Page 2-C was deleted due to action of the legislature which eliminated the need for the section. MOTION by Councilman Breider to waive the reading of the Ordinance and adopt the � Ordinance No. 579 as presented to the Counc�l within their agenda and order publication of the ordirtance. Seconded 6y Councilwoman Kukowski. Councilman Starwalt asked when the ordinance would be pabl�shed. He questioned if it would be published as it had 6een amended. Councilman Breider said th�s was the intent of the motion. Councilman Starwalt questioned if the policy to be prepared by the Administrat�on for Council consideration should be �ncluded. He referred to the proposal of listing a policy for poss�ble suspension and revocat�on of licenses. Mayor fdee said the ord�nance would have to be published to be i�force. Councilman Star- walt said he thought that Couniclman Breider had raised some good questtons and he thought that this pol�cy should be incorporated. Councilman Ereider said the policy could he ia;� by th� City Attorney and the Administration and this would not have to be a part of the ordinance. REGULAR COUNCIL MEETING OF MARCH U, 1975 The City Attorney advised the Council that if there is some after thought for consideration or additions to the ordinance, it could be amended. PAGE 6 Councilman Starwalt said he thought this should be vvorked out better, statinq the intent of the ('ity. Councilman Starwalt said he hoped this type of polic/ decision could be brought back to the Council at the�r next meeting. P4ayor Nee asked if there was a moiion to table the consideration and there was no � response. Councilman Starwalt said he would favor not want the ordinance published at this the motior to adopt th�e ordinance, but would time. �; ��,. UPON A ROLL CALL vOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Council- woman Kukowski voting aye, Councilman Breider voting aye, and Councilman Starwalt voting iiay, Mayor Nee declared the motion carried four in favor and one opposing. OL� BUSINESS: REGARDING REZONING REQUEST FOR ISSUANCE OF INTOXICATING LIqUOR LICENSE FOR UB, 7365 CENTRAL AVENUE N. E.. RICHARD POVLITZKE ON AGENDA AT REOl1CST OF '►� RECEIVING NISTORY OF THE ON-SALE BEER LICENSE A7 THE FRONTIER CLUB: Mr. Wyman Smith, Attorney for Mr. Richard Povlitzke, addressed the Council and thanked the Council for allowing the item to appear on the agenda. Mr. Smith indicated he had written a statement for presentat�on to �e Council that day and requested to read the statement at thts time. Mr. Smith read the lengthy statement to the Council and presented a copy of the statement to all of the Council members and staff. At the conclusion of the statement Mr. Smith requested that the Council adopt the Resolution of�ntent reserving the liquor license for the Frontier Clu6 and indicated he would work with the applicant to see that all the City requirements are met. Mayor Nee asked Mr. Smith to speak to the zoning question. Mr Smith answered stating that the Administration had said the current zoning of the property, C-1, prohibits a tavern or a liquor esta6lishment. He indicated he did not know how the business had operated under this position. He recalled the history of the 6uilding indicating that it had been built by the Gottwald Brothers and sold to the Cii.y. He said �t was the first liquor establishment in the City of Fridley. He recalled after the installation of Highway n65, Old Central became rather dead-ended and the City Council decided to sell the on-sale business. He said at first, the fixtures were rented. Mr Smith said that there should he some kind of provision tn the code to waive these requirements. He asked if the matter could be handled by the Board of Appeals. Mr. Smith said he did not think a change in the zoning would be the way to handle this being this is 3n a neighborhood area. He said it is his understanding that the provtsions do not affect the existing ltcense holder. Mr. Smith suggested that some understanding be reached on this matter and sa�d he understood that this would require more appearances at City meetings. Mr. Smith asked the Council if they could determine any reason why this request would be denied �Mayor Nee questioned tf the zoning problem created a defect �n the application. The Ctty Attorney advised the Council that this wouid not 6e a serious difference of - opimon The City Attorney referred to the comments made by Mr. Smith within the statement to the Council. He indicated that Mr. Smith had not referred to a recent Federal case where a suit was brougnt by an applicant against the City of Fairmont wtthin the pro- visions of the Civil Rights Act. He said the Court upheld the refusal to grant the license made b�r the City Council. The City Attorney said the past business practices of the applicant can be considered by the Council. The City Attorney continued to comment that the Public Hearing was closed at the request of Mr Smith at the time that the Mayor asked if the Public Hearing should 6e kept open. He said the staff had advised the Council of their recommendation and the hearing was closed The City Attorney continued to state that what Mr. Smith had said was true He ment�oned evidence would have to be presented at a hearinq and if the applicant wants an additional heartng, thts alternative is still available. The City Attorney said �>> -a w� � REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 7 as far as the zoning is concerned, he �s not zware of a waiver that would allow this buszness to operate within this zoning district. He said it would have to be decided whether or not to rezone the property or change the code to permit the intoxicat�ng beverages to be dispensed with�n this C-1 zoning. The City Attorney pointed out the history of operat�ons at this location and said since the business was in operation pr�or to the adoption of the zoning code, he would consider this a non conforming use He said this would allow the business to continue to operate as it is. He said his question would be whether or not it would be allowable to expand or change the use, he Tndicated he did not feel that this would be allowable The City Attorney said he ha� not had time to review Mr. Smith's presentation to the C��uncil, but he felt the zon�ng situation should be corrected before the Council could consider granting the license. Counc�lmar, Si,arwa]t indicated he would like to ask Mr. Povlitzke a question. He referred to the int�tial meetings concerning this application when Mr. Povlitzke said there uias no way that he could meet the 40/60 requirement. Mr. Povlitzke indicated he had said �f the other restaurants 9n the City are do�ng th�s, he would do the same. Mr. Povlitzke said he had been in the bar business forinany years and the other people who had applied for liquor licenses had not been in the business. He said if they are doing it, he wauld do the same. Mr. Povlit'ke expressed dislike for the present delay in the considerution ofi the issuance of the license. MOTION 6y Councilman Starwalt to a�io,pt a Resolution indicating to Mr. Povlitzke that the request for the l�quor license for the Frontier Club be dented. Mayor Nee declared the MOTION DEAD FOR LACK OF A SECOND. Mayor PJee indicated that the zon�ng would have to be resolved. He asked if the necessary papers had been taken out to take care of the zoning question. Mayr,�° Nee indicated that Mr. Smrth had made a very persuasive position �n the point of t,he Cuunc, "s discr��'.ion. P'ayo�•ilea sa�d he felt it would be in order to table the consideration of the issuance of tl;�=1lcense until the zoning is taken care of, this would have to be done before the license could be considered. ' liquor processed �_ I MOTION by Counc�lman Starwalt to table the consideration of the issuance of the license to Mr Richard D. Povlitzke, Frontier Club, until the zoning question is and brought to the Council. Seconded by Councilwoman Kukowski. Mr 6dyman Smith addressed the Councii and urged them to adopt ihe Resolut�on of inient to issue the license at this time sub�ect to the zoning question being resolved. He said this would give the applicant the green light and he urould kn��c what is happening. Mr Smith said this would take another three months which would total over seven months before the applicant would know what attitude the Council had. Mayor Nee sa�d if the Resolution is passed by the Council at the present time, he felt that this wouid prejudice the rezoninq action. Councilman Breider thought Mr. Smith and Mr. Povlttzke should have some indlcation on whether or not the Council is going to pass the Resolution after the rezoning is taken care of. UPON A ROLL CALL VOTE, on the mot�on to table the consideration of the liquor license, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Counctlrr�an Breider voting aye, and Councilman 5tarwalt voting aye, Mayor Nee declared the motron carried unanimously. IDERATION OF PROPOSED LEASE AGREEMENT BETWEEN THE CITY DF FRIDLEY Dr. Richard Trezona, Chairman of the 5;��ingbrook Nature Center Foudnation, addressed the Council and explained that he had several d�scussions with the City Manager concerning the proposed lease. He Tndicated the proposal had been reviewed and he would 11ke to discuss the items in the lease one by one. �r. Trezona directed the Counc�l's attent�on to section four and said there were some changes within this section. He said the Foundation had recommended that the last sentence in the first paragraph be deleted. Dr. Trezona read the sentence that he had referred to. He also potnted out that the Foundation and the City agreed that the paragraph in the center of sectton four be deleted. Or. irezona continued to romment that the Foundation had expressed the desire to add "In addition" to the f9rst part of t,he sentence 7n the second paragraph concerning the availability of funds and their application. ' '�� THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 17, 1975 PAGE 2 Dr Trezona referred 'cYie Council's attention to Section Five and said the Foundation felt this section should be deleted. He read the Section and explained he thought this to be an unnecessary perfiormance clause and the Foundat�on thnu�ht, that this should be deleted. Dr. Trezona e�plained that thP Foundation also felt that Section seven shoulc be �deleted because it violates the �rc,v�sions for funding on tne rrgional nature center concept He said this language would eliminate the pro�er.t From ohtaii�inq fimds from the Metro Council He indicated that this also violates requiremenfs in obtainirag LAWCON funds. �r. Trezona referred to Section Nine and in�"icate� t'riat there was some quesiion as to what �s norr^al pelice and fire protection. He indica�ed that if there were to be any large groups using �i�e area, the Foundation would arrange foi° extra pol�ce pratecciori and reimburse the City for this. He mentioned he P�ad rliscussed this oo�nt with the City P1anager and the City '1anager ha� explained what the normal protectior��vould cc�nsist of but this still puzzled him. He indicated that he felt there were enoug4� provisio�s built in the lease agreement where the City is in complEte contrr�l of the activities. He said he felt some�Of the fears should be eliminated because the Foundation had no desire to take over. Dr. Trezona thought the provision tr�aL the Fcundation was to work with the City Manager and check for ae�vic? and approval would be sui`ficient in this section. Dr. Trezona said he felt Section ten was fine as it stood. He indicatec! tP�e phrase "and shall not be unreasonable with respect to the proposals by the Foundation", had beaiadded to prevent any member of the Council from beiny arbitrary. Dr. Trezona proceede� to point out that in 5ection Eleven, Lhe�r attorriey had advise� the Foundat�on that the City should be rasponsible for a cer3,a�n amnunt of �he insurance coverage the the Foundat�on responsible for their awn p�rticn. �le mdicated the ar�ount had been added becaa�ue th�s figure f�ad been determin�d appropriate by the insurance � carrier. Mayor IVee asid if anyonw wished to comment on Section r'our? Councilman 5tarwalt quzstionzd if the North Park area was to he develoned as a g�lf course, would the City be responsible for the main?anance of th? greens, etc Dr. Trezona said he could not answer the quPStion. He sai� he '�elt i,he question unrelated co this proposed uauge Councilman Starwalt said the rn�,�y;enance of the golf course would be paid by user fees. Ur. Trezona said the maintanance of the golt course �,vould require special ty�es oi enuipment and their reyuest would only involve some brush�ng, etc. Dr. Trezon� pointed out that he reGliz�d that the City {,ad not budaetrd for zxter�sive maintenance of th�^ ar�a, but they are presei�tly takirg care of thE other g+�een areas in the C�ty. Ceuncilman Starwalt said he was not satisfied with the maintenance portion of the lease. Dr. Trezona said the Nature Center Director and the City Manager would work together and decide and if a decision canr�ot Ge reac;ae�, tP�e matter ��ould be 6roueht to tl�e Councfl. Courcilman Starwait said he fElt ti�e burden is beir�g �laced ny� the City Dr Trezona said fie felt this would �i? th� Gity's responsibiltty, it would be the City's nature center. Ile said tfa�s �roposal was not Fc�r sigmi�cant mairitenance ei trails and equipment. Mayor Nee asked what share of the obligation wouid be the Four�da�ions �r. Trezona said anything the natu�-e center initiated would be the responsibility of the Foundation. Councilman Starwal+`_ said the statement in Section Four, begir�ninc� with "The cost" etc., would be a safe guard for the City Fle said he would be v�illing to leave this �ori.ton in the lease if a list wauld be made up with the stardards ,7obs i:eing the City's responsibility. Councilman Starwalt sui� Yie could see some problems that may be created un th tie City staif keep�ng the responsibil- ities separate. Dr. Trezona said t'rie solution to this would be +f;at this would be hardleu oy t,�e City fNanager anu the Naturz Center Director. He said 7t would f°�ave to be determrnec whGt the Foundatton vtould have to pay for and what would be furnastied on a regular basis Councilm�n Breider said Le would be willing to iive with this prov�sion if tE�e Foundation and the City Marager make �ap a sci��iule a,�d it coulr! be agreed what s��oul^� be included in the scl�edule. Councilman Breider sa�d the Four�dat�on is concerned with erternal access �n i'1�3r±er��trlca such as plowrng etc. He askee� if the nature centei° would assu�»e the responsibility for the internal maintenance of the nature center. �� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 9 Dr. Trezona said he would be wt111ng to leave this section as it is if a schedule ts set up. Mr. Dan Huff, Naturalist/Resource Coordinator, addressed the Council and indicated if the perzmeter type of care �s what is indicated by this section, it should be rewritten. Mr. Huff read from the Section in question which dealt with matters such as tree trimming, grass cutting, fence m�intenance and parking lot maintenance, etc. � He said he thought the maintenance of the parking lot wou7d be internal. He reiterated, thts should be rewritten as it is now clearly indicating interr�al functions of mainten- anc� wou��J be the City's respensibility. Mayor Nee asked if there would 6e some way of making this a negotiable thing. The City Manager said it would be done as Dr. Trezona had suggested and this would be that the City provide provide an service that is requested if they are capable of this, and experience would show the City and the Foundation what the criter�a areas will be. He mentioned the City is involved tn program budgettng and there would have to be a labe'. attached to the expense. The City Manager further pointed out that the agree- ment could 6e amended in the future if i,his is necessary. Dr. Trezona agreed that if there are any pro6lems, they could 6e discussed and changes could be made. Mayor Nee asked if anyone present wished to react to item number Six Mayor Nee sa�d he felt if this Section was left in, it would put North Park open for another campaign issue in the future. Dr. Trezona said this was also his feelinc. Councilman Fitzpatrick said he believed the point of the Foundation which is that number six is taken care of or provided for with Section Five is true. Mayor Nee asked if there were any questions concerning Section Seven. Councilman Fitzpatrick said he feTt this was � different matter all together. Councilman Breider asked if number five is left out, would there be any basis for not continuing the lease. The City Attorney said the City would have a difficult time terminating the lease if the Foundation did not live up to the development schedule. Mayor Nee said he felt the community would like to allow the Foun:!ation iive years to develop the prop�rty. The City Attorney said �1= the Council wou:d like a clause for non-conformance, , this section should be included. Councilman Breider said that he could not find any- thing in the lease other than the section suggested for deletion even if both parties are agreeable The City ACtorney advised the Council that the lease could be modified in the future if both parties agree to the change He said changes could be made by mutual cons�nt. He also mentioned if one group want to change the agreement and the other did not want to, this could not be done Mayor Nee asked what might constitute failure. Councilman Starwalt said the Foundation may not be able to come up with the funds. He said the funds would be necessary to development of the arca. Dr Trezona said the property at North Park is a nature center as �t is. He indicated that the Foundation would not have to put up an expensive structure to create a nature center. Dr. Trezona said the Foundation had the potential to raise the funds one and � half years ago, but with the current state of the economy, it may take from one to two years to obtain funding. Councilman Starwalt said ;�� hoped that the non performance clause could be included. He indicated he would like to represent all of the p��p7e in the City, not ,7ust a few people. Dr. Trezona said Lhe nature center supporter� zre very strong in the City, he suggested there may be 800 supporters. Councilman Starwalt said there had been many people who did not vote on the matter. Mayor Nee said there is not a cancellation clause in the Islands of Peace Lease. Councilman Starwalt said this is true. He said they did not have an o6ligation to the City and he had not heard that there was anyone wanting to tie up the land from the ' City regardless of the method. He said there is not another group that objects to the development of the Islands of Peace within the City as there is w�thin this program. Councilman Starwalt said he questioned the initial five year term and he would like to make a brief statement concerm ng this. He said he had a problem goin� to the five year program without seeing some kind of a plan He questioned if a plan shoulcl bc submitted to the Councii before the lease is entered into. He thought there should be some public hearings on the plan andthen the Counc�l couldgo into a contract. Dr. Trezona answered statinq no one is going to spend this kind of time on a plan without approval of the lease, He asked what kind of dedication the City thought the people in the Foundation had. He mentioned the people in the Foundation had been workrng with the City for years Councilman Starwalt sa�d they had dtscussed this before and he did not agree with Dr. Trezona. Dr. Trezona said Councilman Starwalt had c�iven the Foundation $50 and they appreciated this donat�on. He indicated that the first function of the Foundation would 6e to turn the membersh�p into a financial committee to raise funds. He said if the Foundation is not able to raise the funds, they would come �_ REGULAR COUMCIL MEETING OF MARCH U, 1975 P,4GE 1�' straight to the Council and tell them. He said at th�s time, they could have an additional meeting of minds. Councilman Breider mentiened that the Islands of Peace had 6een commented on. He indicated that these were two different type of properties. He menitoned that the tax payers in Fridley had contributed to the acquisition of North park and there had been two distinct proposals for development. He thought the five year lease would ue a long term for a non-cancellation *ype agreement Councilman Breider said if these �people are qiven this amount of time to perform their function, this would be adequate. He also felt that it would take about five years for the area to 6e built up. He thought the f�ve years would be a good time frame. He said the C�ty would be able to look at the total project and what has happened ar°ound the area. He said there is building all around the area in Coon Rapids and1also to the south. He said the proposed five years might be a good time period. MOTION by Coucnilman Fitzpatrick to delete Section Six of the proposed lease agreement Seconded by Councilwoman Kukowski Upon a voice vote, CouncilU�oman Kukowski voting aye, Councilman Breider voting aye, Councilman Starwalt votrn� nay, Councilman Fitzpatrick voting aye, and Mayor Nee voting aye, P4ayor Nee declared the mot�en carried four to one. Mayor Nee referred the Council's attention to Section Seven and said th9s concerned the cit�zens of the City of Fridley getting first preference for the use of North Park Plature Center. Councilman Breider referred to the last meeting of the Council when Mr. Mark ��oble was present and had indicated that Richfield had a system as was proposed by the lease agreement. He said the area schools were given some preference of use. He asked why this preference would work in Richfield and not in Fridley. Dr Trezona sa�d he did not know th? R��c';fiel� ,}r_ocedures, He expla�ned if the nature center was to benefit by the Metro Council runding, they could not give preference to one qroup. Mayor Nee said as a practical matter, the Director would be able to schedule vrith �some sort of preference without this clause being �n the agreement. Mrs. Lee Ann Sporre, 3D1 Ironton, addressed the Council and indicated that each nature -� center is handled differently. She pointed out that she had read this as an exclusionary tac+ic,. She explained the situation with the various school districts and boundaries that do not follow`the City limits and indicated that not all the students would be able to rece7ve the preferential treatment if they lived out of the bounds of the City. She mentioned that in School District No. 11, not all of the students would live �n the City She indicated that the only School District �s completely within the bo�u�ds of the City and this is School District Plo. 14. Councilman Breider said he did not think this was the intent of the provision to exclude any member of any school district. He indicated that he ar�uld not want the Hennepin County Schools to receive preferential treatment over the area schools The City Manager said under the provision for r�umber Five, the Council would 6e able to review the policy. Dr. Trezona agreed stating the City Council has the control. MOTION by Councilman Starwalt to delete Section Seven from the proposed lease agreement. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye Mayor �Jee declared the motion carried unanimously. �r• Trezona referred to Section Eight and thought this should be determined by the City Manager and Director of the Nature Center. �MOTION by Councilman Starwalt to delete the portion of Section Eight underlinzd and beginning with "and similar" and adding the portion in parenthesis beginning wlth "under the direction of". Seconded by Councilwoman Kukowski Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carr�ed una m mous1y. Dr. Trezona went an to expla�n that w�thin the C�ty's suggestion for Section Nine, he did not understand what "normal"' police and fire protect7on meant. Mayor Nee asked if this could be left the way it is. Dr. Trezona indicated he would agree to leaving this section as suggested by the City Manager. MOTIDN by Councilman Starwalt to adopt Section Nine as recommended by the Admim stration Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. Mayor Nee questioned the statement within Section Ten that referred to unreasonable actions on the part of the Councilmembers He asked how �t wou7d be established what ts unreasonable Dr. Trezona said this had been sugqested by the Foundation's legal Counsel. �, YJ REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE ll MOTION by Councilwoman Kukowski to approve Sect�on No. 10 as proposed within the agenda with the addit�on of the statement "and sha71 not be unre�sonable with respect to the proposals by the Foundation", Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. Dr. Trezona went on to explain that the provision for the $3000,000 public liability insurance had been obtained from an insurance company. He said perhaps this Section (Section Eleven) should be defined for use. He said he would be willing to accept the , City's proposals on this section. He said the Foundation believed that the City should buy what is needed by them and the same for the Foundation. Mayor Nee said the City already has insurance Dr. Trezona said the Board had taken action on the insurance matter so that the insurance would 6e in effect immedtately following the sigm rg the lease. The City Attorney said �t may be better language to indicaa� that the resE;onsible part�es should take care of their share of the insurance. Mayor Nee asked who would be responsib�e �n cas^ of a law suit. The C�ty Attorney sa�d both parties would be ,7oined in a su�t. He aid he was not sure the City's insurance would cover the Founr�ation. He said the Eoundation should not rely on the City's insurance. The C�ty Attorney suggested the followrng language, "Adequate public lia6ility insurance should be prov�ded by the Foundation in the amount which should be deterr�iined by the City and Foundation and not be less than a certain dollar figure." Dr. Trezona asked if the content of the originaT proposaT would be suitable to the City. It was the cnnsensus of the Council that this language would be acceptable. The C�ty Manager asked if a minimum limit shou7d be worked with. Mayor Nee said this Section should read, "Adequate Public Liability Insurance shall be provided by the Foundation. The amount shall be no less than $30D,000 and shall be increased as necessary. Councilman Breider asked if there had ever been any resolution concerning Section Four. Mayor Nee said the Council had not voted on this section. The City Manager indicated that he thought the Council was planning to leave this section in as it � stood. Councilman Starwalt said the canceTlation ciause in Section Six is deleted. MOTION by Councilr7en F7tzpatrick to approve Section Four as proposer' by the Admim stration. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt made a brief summary of the reasons he would not vote in favor of the deletion of Section Six. He felt the deletion of thrs section would violate the r�ghts of the people he represented. He questioned the City Attorney on this po�nt. The City Attorney advised Councilman Starwalt that this was not a legal question. MOTION 6y Councilman Fitzpatrick to approve '!yP lease agreement as modified and approved ihrough the current dicussion. Seconded 6y Councilwoman Kukowski. Upon a roll cali vote, Councilman Fitzpatrick voting aye, �1a�or tlee vc*ing aye, Councilwoman Kukowski voting aye, Cou^oilman Breider voting aye, and Councilman Starwalt voting nay, Mayor Nee declared the motion carried f��:r to o!��. Mayor Nee inciated that there was also the matter of the letter from the Foundation on the agenda. Dr. Trezona read the letter aloud to the Council and audience Dr. Trezona explained wh11e the Foudnation was work7ng on North Park people ca11 and ask about the programs and what is going on in North Park. He mentioned if it would be in the scope of what Mr Huff is able to do, he thought the City should take � advantage of North Parks's fullest potential and he invited Mr. Huff to attend the meetings of the Foun�lation. He said th�e Foundation would work with Mr. Huff if he wouTd work with them. MOTION by Councilman Fitzpatrick to rece�ve the letter from the Springbrook Nature Center Fourivation dated March 11, 1975 inviting1h°_ Naturalist/Resource Coord�nator to attend th�meetings of the Springbrook Nature Center Foudnation. Seconded 6y Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 41-1975 - CONFIRMING ASSFSSMENT FOR ST. 1974-1 STREET IMPROVEMENT PRDJECT TABLED FROM 3/10/75 : MOTION by Councilman Breider to receive the letter from the area residents concerning the proposed side lot assessment of 68th Avenue between 7th Street and Rice Creek Terrace, dated March 14, 1975 Seconded by Councilwoman kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mo`�on carried unam mously. L� `+', _ �. REGULAR COUNCIL MEETING OF MARCH 17 1975 PAGE ]� M6TION by Councilman Breider to adopt Resolution No. �}1-1975 confirming assessment for ST. 1974-1 Street Improvement Project with the original roll where the assessments would not be spread across the stree',and which follows the pol�cy of the past Seconded by Councilman Fitzpatrick. Councilman 5tarwalt asked why ihe roll would not go across the street. The City Manager said when this type of assessment was spread in the past, it did not go across the street. The City Manager further explained if the Council would like to make some improvements in the future, across the creek, it could be potentially spread back to this area_ He also indicated if there are ever walkways installed, this could also be assessed to these property owners He indicated that the Council should stick with the policy and try to be as equitable as possible Mayor Nee said the people on the other side of the street had been notified concerning the hearings on the assessment. Counctlman Bretder said "e would have to draw the line on the policy matter. He said this may be the hest possible spreatl, but he felt �t would be better to follow the pollcy. Councilman Starwalt questioned the method of assessment listed on page 5-C of the agenda folder. This assessment would spread payment on both sides of the street and all the way to University on Rice Creek Terrace. Councilman 6reider indicated he thought there would 6e real problems with the adoption of the roll indicated on 5-C. A res�dent of the area addressed the Council and indicated�e had lived in the area for 15 years and he had never used the road that he would e assessed for under this proposal. He indicated that this would change the policy and they would be liable for assessments �n the future if the side street were improved again. He indicated that he objected to the lack of consistancy. Councilman Starwalt said he felt it was difficult to agree to what is equ�table A resident of the area indicated the people in this area never use 68th for access, this would cause them to double back. F1e said they use 4th Street for access The City Attorney addressed the Council and pointed out that h� is a resident of the area in question and resided on the north side of Rice Creek Terrace. He sa-c:l from a legal standpoint, he did notihink the Council should accept the roll on page 5-C Ne said it would be difficult to prove the 6eneflt for the people living all the way down to University from the improvement of 68th Avenue. Councilman Starwalt said he would like to talk ag��nst the original roll and said he favored the roll on page 5-C of the agenda booklet. Councilman Breider indtcated that th�s particular roll wou�d cause problems 6ecause the Council had indicated that they would not go across the street. Mayor Nee said if another roll is adopted which would vary in policy, a statement concerning this adoption should be placed in the resolution of adopt�on. Councilman Breider said if another roll is adopted the Council would be changing the policy and this should be specified in the resolution. Mayor Nee asked if there would be any financial p�oblems in holding the consideration of the resolution until the next meeting of the Council to allow the Administration time to prepare the necessary resolution. The Finance Director, Mr. Marvin Brunsell, satd the interest had been complied within the roll of assessments unti1 the end of the �month and the roll would have to 6e recomputed if there was to be a delay until the next Council meeting. Gouncilman Starwalt asked why the assessment on page 5-G could not be adopted Zf they would agre2 or� this one. Mayor Nee asked if the policy for this area and the change in policy could be def�ned. He asked if a policy could be written which would be consistant with this type of problem. The City Manager felt that there may never be an area such as this in the City. The Finance �irector said he could not th�nk of another area, but he would not want to rule out th�s possib�lity. He Zndicated that everyone would not come out even in any assessment roll. He indicated no matter how the streets are shaped or assessed, it would not be possibile for the assessments to come out the same or equaly. He asked if the Council's inten+:ions could be put on paper. He sai�i this may take care of this assessment, but what abou� lasi, year's assessment rolls. 1 A R�GUL,4R C�J'JPICIL MEETING OF MARCH 17, 1975 PAGE 13 Councilman Fitzpatrick said he thought the statements made by the Finance Director were true. He said in the City with a creek cutting through it, you are going to have areas with no side sireet assessment. He said there will also be situations where there will be the creek with no bridge over it. Councilman Fitzpatrtck said it seemed to him that th�s situation would oc�ur again. Counc�lman Starwalt said if the alternate roll is adopted, it would set a precedent. Mayor Nee said th policy could be that the roll �s adopted as assessed to the next ' assessable side street, and there would be no proulem at all. The Finance �irector questioned what would happen in areas where there is no main artery into the area. He asked what would the Council do in thls Tnstance. He said according to the proposal, all of the people of the area would have to be assessed. The City Manager said this type of policy was not followed with the assessments of 4th and 6th. He �ointed out that there is never going to be a 100% equitable assessment. Mr. Nick Garaffa, 6750 Monroe, addressed the Council and indicated he felt the or�ginal roll was workable, He asked the Council to consider ihe current situation, not all the possibilities of the future when considering the assessments. The City Manager pointed out to the Council that 90% of the streets within tY�e Ci*y had been �mproved and th�s policy had 6een followed and proved to 6e workable for the 90%, He questioned if it would be fa�r to the people who had already been assessed if the policy were changed at the present time. He said the Council should adopt the roll according to the past policy, it would be more defensefull. The Assessor, Mr. Mervin Herrmann, pointed out to the Council that there were about four streets in the City in the same situation and the others had not been assessed across the street. The City Attorney recalled that this was similar to the case of the assessment of Mad�son Street. Mayor Nee said yes, there was a similar situation tn this area UPON A ROLL CALL VOTE, Mayor Nee voting aye, Councilr:oman Kukowski voting aye, ' Co�mcilman Breider voting aye, Counciiman Starwalt voting nay, and Councilman Fitzpatr7ck vot�ng aye, Mayor Nee declared the motion carried, four ayes and one nay. Mr. Richard Harris, 6200 Riverview Terrace, adtlressed the Council and indicated he ob�ected to some of the costs of the project Ne mentioned the amount of �2,300 for engineering of the pro�ect by Comstock and Davis, �onsulting Engineers and also objected to the retaining waT1 being included w�thin the pro�eci. He �ndicated the wall to be temporary and if he wished to gain access to his property, a portion of the wall would have to be removed. Mr. Harris said he did not feel the problem with the older home and its situation was the obligation of the remainder of the property owners in the project. Mr. Harris indicated he felt this would be 6etween the City and the property owner. Mr. Harr�s said all of the people in the area object to this wall because they are not receiving any benefit. Mr. Harris said he would like to propose that the Councilfind some solution to the retaining wall problem and that they also take note that the people of the area should not pay for the replacement of the approaches. He added, he ob�ected to some of the pract�ces in construction of the pro,7ect and mentioned that the contractor should have removed the stumps from the area. The Public Works Director indicated that the wall was a part of the alley project becaissa this was needed to have the property match up with the development of the area. He indicated it was very important that the home be saved. He also said if this had not been done, the City would be facing a l�abtlity claim. The Public Works � Director stressed the fact that the wall was a necessity He indicated that th�s was following the policy of the past and also mentioned that perhaps in the future the wall could be salvaged and a credit g�ven to the people of the area. Mr. Harris repeated h�s thought that he tlid not feel that this was anybody elses problem, it was the problem of the man who owned the fiouse. Mayor Nee disagreed w�th the comment and stated, not when there is a change in the grade. Mr. Harris said he thought the City should have priced the contract with concrete streets rather than bituminus. He indicated that with the increasing costs of oil prooucts, the pro�ect may have been comparable with concrete. He satd the people of the area should be contacted to determine if they wouTd rather have the more permanent �mprovement with concrete or pay a�reat deal for b�tuminus when it will not last as long. Mayor Nee said he ihought this to be a good point. REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 14 f J Mr. Harris explained the people of the area had gotten together and agreed that the area was to 6e improved, but indicated they wanted the C�ty to take care of the improve- ment because they were unable to remove the fill from the area. He said now the problem is that the alley has been improved and the fill is still in the area. He again stated that he would have to take down the wall to get the fill out of his property. He sa�id he had bought the property because of the fill. He said he really ob�ected to the �tmprovement methods. He mentloned that all of the problems had occurred because the house had not been placed in the proper location and extended into another property. Mr. Harris said he believed this to be the problem of the property owner, not his and the remainder of the people on the block. The City Manager explained that this policy would have to be followed �n the case of anyone's house within the City. He said the City had two choices, they could have acqu�red the easement which would have included the house or they could have constructed the wall as they did He said the wall would have to be strong enough to hold the house whether the house was to stand there for one month or ten years He mentioned that the house had been constructed back in 1940 when there was no City government and there was no one to determine if the construction was within the City requirements. The city Manager said the Council valued Mr. Harris' opinion, but the position of the City would be to protect everyone. He said if the City were to be held liable for the house, the cost would have mounted to a higher figure. He said this�would be done no matter what the value of the house would be, if the house is there, it would have to be protected. The City Attorney advised the Council that this point was true and there was no doubt about the City's responsibility to protect the property. The City Manager mentioned that the flagstone was the leasi expensive thing �nd also the strongest material to use. He said that railroad ties would allow the potential for movement. The City Manager said the City could have put in a block wall. He indicated that the penple would have to put some faithin th e �udgement of the staff. �He also mentioned if the property was acqutred through condemnation, the assessment would have been much more because of the legal fees and appraisals, etc. Mayor Nee pointed out that if the wall were constructed from railroad ties or stone, the price may be compara6le because it is the labor costs that are the highest Mr. Harris indicated the feeling that the City could have gotten together with the property owners. Mayor Nee asked the members of the Council if they had any desire to amend the resolution. Councilman Breiden said he �i�� not ��ish to ar�er�c� tre Reso!uL3oR. Mr. Harris indicated it would seem to him that the minute there is an assessment hearing, the Administration feels they have been given a blank check Mayor Nee said he clid not think this to be true from his expreiences. He ind7cated that the Ctty Administratton makes a great effort to save trees and see that the driveways are installed correctly. He indicated that the people in sorne areas had complimented the Administration on their cooperation. Mayor Nee said that perhaps this was not the case in this improvement. RESOLUTION N0. 42-1975 - CONFIRMING ASSESSMENT FOR ST. 1974-2 S nnnicrT rnoi rn connn onnnc . � AND RECEIIIING COMMUNICATION IPl OPPOSITION FROM ROGER G. FREI MOTION by Coucnilman Starwalt to receive the communication from Mr Roger G. Freitag, in opposition to the assessment, dated March 11, 1975 5econded by Councilman Breider Upon a voice vote, all voting aye, Mayor Nee declared the motzon carried unanimously. Councilinan Breider said he had been looking over the roll and referred to the area of 79th Way in the area of the cul de sac. He asked why the triangular piece of property was not included in the assessment roll. The Assessor, Mr. Mervin Herrmann, indicated that this piece of property contained a large p�ece of easement with would make the property unbuildable as it stands alone. He indicated that the easements were for Mtnnegasco, NSP and the Sewer Board. The Public Works Director sadi there were a few pro6lems in this area with the property The Assessor indicated that the property had been up for sale for quite some time for for the amount of $500 and there was i �� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 15 $800 in assessments due on the property. Councilman Breider questioned if there was any access to the piece of property with the improvements. The Assessor pointed out there would be access through the use of the cul de sac. He reiterated that the pi°operty had �,�ery little value Councilman Bre�der said it did not seem fair that no one picked up these assessments, the�ot would be getting the improvement free. Counc�lman Breider asked if there would be anything to assess the improvement against if the property became tax forfeit. The C�ty Attorney said in this case, the City would never get its money back. The Assessor said the assessments would not be paid in this case. � Councilman Bre�der asked the Public 14orks Director to place the proposal for the original roll on the screen. MOTION by Coucm lman Breider to a.opt Resolution No. 42-1975 confirming the assessment roil for ST. 1974-2 Street Improvemeni Pro�ect and adopting the Alternate Roll No. 2. Seconded by Councilwoman Kukowski. Councilman 6reider said he was having the same probiem with this area as he had in the Rice Creek Terrace area. He indicated he could not promise the people that they would not get assessed for side yard. He said the proposed roll is the most consistant with the policy of the City. A resident of the area asked if there was a se9ment of 66th not being assessed. Cou�:cil- man Breider indicated that the Council could not say what would happen in the future. Another resident of the area said the people havg no other exit from the area. She questioned why they should not pay for ��_. Counc�lman Breider said he could see an assessment on this area from Mississippi Street. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, CouncilH�oman Kukowski vot�ng aye, Councilman Breider voting aye and Counci7man Starwa]t voting nay, Mayor Nee declared the motion carried four to one. RESOLUTION N0. 43-1975 - CONFIRMING ASSESSMENT FOR ST. 1974-4 The Public Works D�rector summarized the history of the improvements �n this area and indicated that Anoka County had established this as a County Roadway and would be picking up the costs for the street impr�vement The people of the area will be assessed for one half of the curbing and gutter at $3.77 per foot and t�e people on the north side of the street would be assessed for the sidewalk at $5,53 per foot. The Public Works Director stated the sidewalk was being assessed because this followed City policy. Mayor Nee indicated that the people of the area had appeared at the hearing and said they thought that one side of the street was being assessed for the sidewalk when the entire area was benefiting from it. MOTION by Councilman Starwalt to adopt Resolution No. 43-1975 confirming Assessment for ST. 1974-4 Street Improvement Pro�ect. Mr. Nick Garaffa addressed the Council and indicated the way the grade was cut on the south side of Nlississippi, it would be almost impossible to instal7 a sic�ewalk. Ne thought it was almost impossible to installit because of the underground utilities installed. , The Public Works Director said it would take extensive construction to install the � sidewalk on the south side. He added, it had also taken extensive cons'zruction to install the sidewalk on the north s�de. Mayor Nee said this should have been brought up at the hearing. Mr. Garaffa said he had talked to Councilman Starwalt about this the prev�ous n�ght. Councilman Starwalt sa�d he believed in time to come, there will be a sidewalk on the south side of the street also. SECONDE� BY Council�.uoman Kukowsk�. Upon a roll call uote, Counc�lman Breider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Mayor Nee �oting aye, and Councilwoman Kukowski uoting aye, Mayor Nee declared the motion carr�ed unanimously. 4� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 16 RESOLUTION N0. 44-1975 - C4NFIRMTNG ASSESSMENT FOR SE41ER, WATER ANfl STORM SEWER rMOOn�rGMGniT oon.i�rr r,in �tn rflRi Gn �iini�� . AND RECEIVING COMMUNICATION REGARDING STORM SEWER ASSESSMENT POLICY - HARRIS LAKE ESTATES �ADDITION: Tne City Manager indicated the memo in the agenda to be from Mr. Marvin Brunsell, Finance Director, in response to the comments made by Mr Dave Harris at the previous Council meet�ng. He sa�d Mr. Harris had made the point that all property should be assessed equally. THe City Manager indicated in this area, the City used subdistrictsand the assessments would be equalized whtn the entire district is completed. He said the remainder of the information in the agenda is w��at had been presented at the previous meeting with the exception of a proposal that the properties within Area E 6e required to bear higher than originally proposed. The City Manager referred to the proposal of Mr. Harris that some of the money that would and had been escrowed within the larger district and within other subdistrir_ts be transferred to this pro�ect. He indicated it was the Admin�strations feeling that this procedure would not be legal. The City Manager pointed out the third point raised by Mr. Harris to be that he had been told at the time of platting the property that the builder of the homes in this area would be requtred to escrow $800 per lot at the time of acquisitlon of the bu�lding permits from the City to take care of the storm sewer. The Gity Manager said that on some of the properties the assessment would be in the area of �1,200 per lot and Mr. Harr�s though :I�a� exceeded the $800. THe City Manager said the staff had researched this question and had not been able to find where it had been determined that the $80D per lot would be the maximum amount for storm sewer. He said the price fer the improvement of storm sewer would be a maximum of $8 per 100 square feet. � The Public Works Director summarized the assessment to each of the distr�cts under the proposed assessmer.t roll as follows: Area A, $2 08 per 100 square feet, Areas B and C, $3.69 per 100 square feet, and Area E, $7.69 per 100 square feet. Councilman Starwalt asked if the developer had dedicated land to the C�ty. The Public Works Director said he had dedicated land for parks under the requtrements af platting, but the City haci acquired the ponding area. Mayor Nee referred to the previous meeting of the Council and said the Public Works �trector had indtcated the dredging had increased the holding capacity of the pond. The Public Works Director said now the ponding area will take care of other subdrainage districts also. He said before the area of drainage was undefined. The City Manager said that the area draining into the pond had been greatly increassd. He said the area to the east and south is being drained by piping into the pond. Mr Dennis Schneider asked who the City had bought the pond from The Pu61ic Works Dtrector satd Mr. Dave Harris Mr. Schneider asb.ed who Mr. Harr�s had pu�chased the pond from. The Pu61ic Works Director aid he did not know. He added the land had been purchased from 13 people and it had been consolidated Mr. Schneider said he had ta',ked to Mr. Frichie, and Attorney at DNR and questioned the point made by the City Attorney at the previous meeting concerning the City being �prohibited from directing drainage of storm water to private property. Mr. Schneider said he had been told that there are no statutes with this requirement. He indicated that Roseville is currently doing this. Mr. Schne�der said if the developer is paying for the dredging of the pond, why are the people's assessments in the area being brought up to $8 per 100 square feet. Mr. Schneider felt that the people in the other areas should pay less than th�s. Mr Schneider said the decision of the Council could not be appealed by class action, th�s would have to be done individiaally and this he indicated to be obviously impract�cal He mentioned the City had advised the people who do not agree with the assessment roll to appeal tha action. Mr. Schne'�!er said he felt the assessment was being pushed down the people's throats. Mr. Schneider addressed Councilwoman Kukowski and indicated at the time she had campained for her Council position, she had indicated she would represent the people and receive� their comments. He also menttoned that this had been the case in Mayor Nee's 4� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 17 campaiqn corrments. He asked that they consider these comments and support the people of the area. Mr. Schneider also commented the the City Manager had only addressed his remarks to Mr. Harris at the previous meeting oF the Council. Mayor Nee said he would 7ike it a matter of record that the City Manager's remarks were adverse to Mr. Harr�is. Mr. Ken Moxness, 1604 66th Avenue N. E., addressed the Council and asked the Council ' what the �ifference would have been if the City had bought the land and put in a holding pond rather than a fancy pond The Pu61ic Works Director said there would be no change. Mr. Moxness asked how many acres of storage had been in the area before the improvement. The Public Works Director said the �ond had a 16 arre feed. Mr. Moxness asked what this was now. The Public Works Director said tt had been �ust the east area and now Tt would be fed from the entire area. Mayor Nee asked how large the pond was in area. The Public Works �irector said 3%z acres in area. He mentioned thepond was approximately three feet deep. He added, t�vo feet had been added with a feed of about 40 acres. Mr. Moxness asked why the d�tch had to be cleaned. The Public Works Director said to allow the water to drain to Moore Lake. Mr. Moxness asked if this meant anyth�ng. The Public Works Director said this d�d mean something, the ditch had to be redefined. Mr. Moxness asked if this had increased the storage ar�a. He added, it probably lost actual storage area. Mr. Moxness mentioned that the City had paid $35,000 for the land for the storage area and this was bought from the developer of the area. Mr. �?oxness asked what the econom�c value of the area was compared to the other area. The Public Works Director indicated that the open ditch may not be a good situation as a permanent system but with the construction of additional roads in the area in the future, there may be additional improvement of the system. Mr. Moxness said there is no guarantee that the $8 would be the iimit for storm sewer in this area. 7he Public kiorks Director indicated the only additional cost for the area would involve the installation of an underground system. He indicated that all three alternative plans for the area had been explained at the hearing. Mayor Nee explained that years ago a complete system had been proposed for this area and this had ' been determed to be a great hardship on the people of the area, so the City had approved the piece meal development of the storm sewer in this area. He said he was not on the Council at the time, and there must have been a reason for this. Mayor indicated he thought some of the implications may have been polttical. ` Mayor Nee asked the Public Works Director what type of probTems had been encountered through the pro�ect and accountable to the contractor. He recalled there had been mention of 30% overhead on the pro�ect. The Publ�c Works Director explained the only prob7em tc i�e thai the City had tn watch the contractor to make sure the pro�ect was constructed �ust right. He indicated there had been some problems with t'�e contractor not having the appropriate equipment and persennel on the pro�ect. The Finance Director stated that the overhead was somewhat less than 30%. Mr. Moxness asked if the City staff had inspected the dredging work. The Public Works Director said the consulting engineers had tnspected. Mr. Moxness questioned if Mr, Harris had requested the City to do foundat7ons studies for the houses within the development. The Public Works Director said the Ctty was not invoived in the development of the lots. Mr Moxness asked what the City's obligation was to dredge the swamp. The Public Works d�rector said the C�ty had no obl�gation. Mr. Moxness asked Tf because the City wanted to get the property on�he tax rolls, they had obl�gated the people of the area to the storm sewer. Councilman Starwalt said no, but this w�uid have the ultimate �ffect. � Mr. Moxness said the City had had a hearing and the plan was imposed on the people of the area. Councilman Starwalt commented that he did not think that imposed was the correct language. Mr Moxness asked what cost was tnvolved in reclaiming the lots on Mississippi Street and Fridley Street. The Assessor indicated that the City had paid the assessments plus $200 to $300 for hauling the ftll. Mr. Moxness asked where the f111 had come from The Public Works Director explained that this had come from the Mississippi Street pro�ect. Mr. Moxness asked if the City truck had to come in a�d haul it and moye it. Mr. Moxness s.a�d after this the property was transferred to Mr. Harris (north side of Mississippi 5treet). The Public Works Director expla�ned the exchange of property between the City and Mr. Dave Harris and pointed out on the map on the screen the area where the City had obtained the larger park parcel through this exchange. He also pointed out that the action for this exchange had appeared on a regular Council agenda. Coucnilman Starwalt said he had favored this exchange of property to enlarge the park �n �� REGULAR C�UNCIL MEETING aF MARCH 17, 1975 PAGE 18 the area. He said at the outset of the negotiat�ons for the property in the area, Mr. Olson had indicated he did not want a park ad�acent to his property. He ex.plained the Olsons favored the plan to include residential property next to their home. Mr. Moxness said he did not tninM1: this was a bad project at the offset of the cons,deration, but the people of the area ob�ect to paying storm sewer costs when this is mixed in with land development and other activities. He added, this is bound to confuse the issue. He said the people were trying to draw t�7e line where the sewer system began and the development of the area started. He mentioned that some on the Council had inherited the pro,7ect and would have to vote on it. Mr. Moxness said he believed this pro�ect's assessment roll should be laid over and researched more for the determina�ion of 7egitimate sewer costs Councilman Starwalt asked if the dredging costs were assessed to Area E only. The Public Works Director sa�d yes. Mr. Nick Garaffa addressed the Council and referred to the statement that Mr. Harris had removed refuge from the area. He said most of the time, the trucks had 6een hauling trees along witl, cars, washers, etc. Mr. Garaffa also referred to the statmerits concern�ng Mr. Harr�s' intention to pay the escrow upon acquisit�on of the buildinq permits and canmented that wtth thts method, the developer of the land or the builder would be stuck with the payment of the escrow. He said now with the cnnf�rmation of the assessment roll Mr. Harris would be stuck. Mr. Garaffa said the development would put addztional students into Rice Creek Elementary School wh�ch is already overcrowded by the residents in the Townhouses across the creek. He said they may have to bus the students to Gardena School. Counrilman Starwalt mentioned there had not been any trouble w�th the f�gures mentioned at the preliminary hearing. Mr. Daniel Walseth, Attorney, addressed the Counc�l and explained that he vras currently taking the place of Mr. Victor P. Seiler, Attorney for Richard Miller Homes Mr. Walseth said Mr. Miller's development was Briardale and consisted of 46 lots and he had escrowed $800 per lot for those developed in this area. Mr. Walseth continued to comment that Mr Miller had entered into an escrow agreement with the City. The Attorney indicated he and his client were under the impression this money had been placed in escrow to protect themselves. lie said he was in attendance at the current meeting to observe and perhaps voice an ob,7ection to the proceedtngs. Mr Walseth said Mr. Miller had been told that the funds that had been placed into the escrow account will not be returned to htm, they would be transferred to the storm sewer pro,7E�ct accuunt A resident of the area said he believed this agreement to be between the builder and the City The Finance Director said if the money was to 6e returned to Mr. Miller, what was the purpose of the escrow agreement. h1r. Walseth �ns��ered that this could be to shova good faith in order to get the building permits or secondly, there are 46 lots and if the developer dic�not sell all of the lots, there would be some money there when it came time for the assessment. He said this could be a safety valve inthe case that not all of the lots would be sold. Mr. Walseth indicated a third possibility that Richard Miller Homes may have gone bankrupt. Mr Walseth said there had been no mention of the fact that the funds would not be returned to Mr. Miller. Mr. Walseth said Mr. Seiler had taken some notes in a conversation with the City Atiorney which indicated the agreem2nt should end in April of 1974. He said he was �present to raise an ob�ection for the listed reasons. 11r. Walseth informed the Council the Mr Miller would take steps to vindicate himself. The City Attorney indicated that the concern expressed by Mr. Walseth would not be decided on at the present meeting. He said he knew Mr Seiler well, and if there would be no o6jections from the Council, he would contact Mr. Seiler on the matter. He said the minutes of the meetings could be researched and reviewed and if this does not resolve the matter, they could request a declarity ,7udgement action The City Manager said if Mr. Walseth was present a� the meeting, he had overheard the City interest in the construction of the area. He said the overhead on the pro,7ect would be the costs of the �nterest to borrow the money for the construction, legal fees and engineering fees. He said in this case the overhead amount would be ab�ut 25% and this is equal to the overhead on the street improvement pro,7ects. .��s REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 19 The C�ty Maror�ger further pointed out that the storm sewer assessments would be equalized w�thin the districts. He said there had been a numher of discussions concerning the development of the Briardale area and it had been proposed that temporary ponding areas be used until a total system could be established inthe area. !ie mentioned that the City had talked about a closed system of ponding. The City Manager said there was some problems with the ponding prorosal which would be s7milar to ��hat is being done in Innsbruck The City Manager indicated that Area E is about �5% of the area and this area is paying about 409� of the costs. The City Manager continued to explain that the s�;stem also provided a ditch and piping from the pond from Area A, F,rea B and Area C. He said there is a direct benefit to Area A, there would be no legal question on this. The City Manager asked if the City could have acquired the property for less money as haci been questioned by the area property owners. He said this was not possible. He stated that the City had obtained two appraisais of the property. The City Manager said the Fdministration felt that Area E should carry a higher load of the assessments. The City Manager expiained the proposal for the assessment of the larger lots, Lots 1, 4, and 5 and indicated the location of these lots on the map on the screen. He continued to expiain that these parcels of peoper•ty are much larger than most in#f�e area and said there should be some cutting off point and he suggested that the maximum square footage be figured for this assessment at 7,500 square feet per lot. The City Manager said the remainder of the assessments due on these properties could be assessed to Area E or Harris Lake Estates. He said this would amount to about 41¢ per 100 square feet on the Harris Lake Estates property. The City Manager�ointed out that this would bring the assessments to ar•oaan� $7.86 per 100 square feet or the hiahest assessment the City had ever put on storm sewer. The City Manager indicated althought this is very high for storm sewer, it would still be less expensive than the creat�on of the closed pipe system to Rice Creek. The City Mana9er referred to the questions raised concerning the park property He said the City had acquired th�:.park property through the requirement of the of the City for the developer to donate park propertTes when platting undeveloped land. He said the land had been exchan9ed and Mr. Harris really did not want to exchange these parcels and the minutes of the Council meettngs will show this. He said the only cost being assessed to the people in the distrtct is the land cost within Area E. He again mentioned that Area E would be paying $7.86 per 100 square feet. The City Manager said Mr Harris was not a61e to be present at the current meeting. He cont�nued to explain that the Administration fe]t that thehigher rate for Area E would be appropriate. The C�ty Manager said he thought ther�e were reasonable answers to the questions raised and recommended that the Council go ahead with the higher rate in Area E w�th the lesser rate for the larger lots. Mayor Nee said Mr. Harr�s had offered to pay the assessments of the people he had purchased the land from. i�ayor Nee said it seemed to h�m that the City should have bought the land and maintained a marsh in the area. He said this was not done so, the people are faced w�th this problem and the relatTVe benefits have to be esta6lished. He said if there would be a more workable or fair solution he would l�ke to see it. He commented that the staff had put something together relating to the cost rather than the benefits. He ment�oned that the benefit to some of the property in�the Narris addition had likewise changed. He said there is some legal problem when this happens Mayor Nee said the question at hand would he whether or not to rev�ew the whole pro�ect or what would be the cost of such a pro,7ect. Mayor Nee questTOned if there were any state funds that cauld be used to pick up the difference. Mayor Nee said maybe the City would have to review the pro,7ect and respread it. Mr. Moxness sa�d he would suggest a delay, even if it cost more, so this would not happen in the future. Mayor Nee sa7d he felt this to 6e a g�od a�1ea, He said the Council could ho7d on n,r,en meeting before the end of the month. The Finance Director asked if it would be feasible to adopt the assessment roll for the remainder of the areas invoTved, and hold the storm sewer in this area. Mayor Nee asked if there were any problems in the water and sewer laterals. There was no response. The F�nance director said this could be adopted with the exception of the storm cewer in Harris Lake Estates. He said this would not be much of a problem. , I I �1 REGULAR COUNCIL MEETING OF MARCH 17, 1975 Mayor Nee said this would allow for someone to show what would be more fair. Mr. Moxness questioned the cost of bringing in an enqineering firm to make an independent appraisal of the area. PAGE 20 � �� Mayor Nee asked if the engineering was being questioned, he felt that �his was a policy dec�sion. He again said this would be a policy decision for part or all of the area Mayor Nee mentioned he had voted for this before and he wished that he had not. � RECESS: Mayor Nee called a recess at 2:0� A.M. RECONVENED: Mayor Nee reconvened the meeting at 2:22 A.M. Mayor Nee questioned the memaers of the Council on whether or not they would like tr� continue w�th the items on the agenda or call a special meeting of the Council some time the same week to take care of the remin�ang items. It was the consensus of the Council that since there were people present who had wa�ted through the entire meeting for consideration of thetr items, they would continued mith the agenda at the�present time. Councilman Starwalt called the Council's'attention to the alternate roll on Page 8-A of the agenda and indicated this was the roll with the increase to the developer for the total storm sewer assessment of y�7.86 within Area E. MOTION by Councilman Starwalt to adopt the total roll with the assessment amount within Area E to be $7.86 and also with the maximum of 1,500 square feet for the larger properties, and to spread the remainder of the 41� per 100 square feet over the Harris Lake Estate properties, and to adopt Resolution No 44-1975, confirming the assessment for Sewer, Water and Storm Sewer Improvement Pro�ect No. 114 according to the Alternate Roll No. 1. Seconded by Councilman Breider. � Councilman Fitzpatrick said he was prepared to vote favorably on the motion. He said the basic point of a dra�nage district is that the assessments should be spread equally He said the Council had now added to this area a number of costs that perhaps should have been. Coucnilu��oman Kukowski said she would support the motion. The Publtc Works Director listed the costs for theproposed roll as indicai.ed by the motion riade by Counciirnan Starwalt to be as follows: Area A, $2.08 per l00 square feet, Areas B and C, $3.69 per 100 square feet and Area E, $7 236 per 100 square feet, Mayor Nee sai�d the City had paid $35,000 for the land for the pond He questioned if the holding capacity had been increased Mayor Nee asked the cost of the dredging. The Public Works Director said this was $44,000. Mayor Nee said the ecological cost had to be considered. Councilman Breider said this had been a very difficult area for the past five years to ten years Ne mentioned that the City had received other requests for the development of the area and some had included rezoninq, Councilman Breider said he thou�ht the assessment was fair. Mrs. Edna Miller 6575 Fridley Street, indicated she t�hought it was unfair that she had to pay the assessment. She indicated that the water of the area had drained to the corner of Mississippi and Fridley Streets until the drain had been �put into the area. b1rs_ Miller coniinued to comment that she thought the assessment very unfair to Fridley Street Councilman Starwalt said everyone would be paying an equal amount for storm sewer Mayor Nee said this was a question of whether the City had spent money wisely or not. He coronented that the staff has made a sincere effort to make an equitable spread for the cost and benefit. He said he believed it was questionable if one person received more benefit than the other. UPON A ROLL CALL VOTE, Councilmun Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• �2 REGUL,�R COUNCIL MEETTNG OF MARCH 17, 1975 FIRST REA�ING OF AN ORDINANCE FOR �.rZ COMPANY; TO REZONE FROM C-2S TO M-1: PAGE 21 05. BY RAO MANUFACTURING The Public Works Director pointed out the area in question and indicated that the request was to rezone the area east of the raiiroad tracks to M-1. He mentioned this property abuts the Fridley Hardware store. The Public Works �irector recommended that the Council adopt the first reading and the A�ministration would bring back the consider- atton of the variance and the granting of the burldTna permit at the following meeting when the second reading of the ordinance would be considered, Councilman Breider indicated one problem had bean mentioned in conjunction w��h the proposal. He indicated he would like to make sure that all the proper precautions are taken for the elimination of noise and vibration from the proposed manufacturing firm. MOTION by CounciTman Breider io waive the first reading of the �rdinance, and ado4rf the ordinance on first reading, stipulating that the proper measures will be taken to control the noise and vibration, and that the MPA standards be followed. Seconded by Councilvaoman Kukowski Councilman Starwalt said at the previous meeting the applicant was present and sa�d this would be taken care of. The City Manager said when tne item is brounht back for the second reading, everything else �aoaald p�a�e ±� f�p ±��;�n r�re n' als�. He said the City would try to get an agree- ment with the petitioner on the noise and vibration controls. UPDN A ROLL CALL VOTE, Councilman Starwalt voting aye, C�uncilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman I;ukowski voting aye, Counc�lman Breider voiing aye, Mayor Nee dec7ared the moiion carried unanimously. NG OF AN ORDINANCE FOR REZONING REQUEST ZOA #75-01, CENTRAL AUTO PARTS TO � The C�ty Manager said there are other matters that would have to be considered by the Counctl related to the current action. Ne said these would be brought back to the Council on the Second Rcading of the Ordinance. He mentioned there is a request for a variance and also a special use permit. MOTION by Councilman Starwalt to waive the first reading of the ordinance, adopt the ord�nance on first reading. Secon�ed by Councilwoman Kukowski. Upon a roll call vote, Councilwoman Kukowski voting aye, Counci7man Breider voting aye, Councilman Starwalt voting aye, Councilman F�tzpatrick voting aye, and Mayor Nee voting aye, Mayor Nee declared the moiion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 11, 1975• P REQi1EST FOR V!IRTA,iJC�S OF TFIC tRIDLE'� CITY CO�E AS FOLLOWS: SECTION 205.135, 1 F , � KUHU IV. t., YK1ULtY, iniivive.auix, lKt4ue.�i tSY VtItKHIVJ VY YUKt1GIV WHKJ F'UJI Sb3a ' 1040 OSBORNE ROAD N. E., FRIDLEY, MINNESOTA : The Publtc Works Director explained the various reque:,ts for variance by the applicants. Councilman Bre7der asked how much wouid be added to the building. The Public Works Director intlicated there would not be any addition, the work is to be done within the inside of the building. Mr Dick Mochinski of Mochinski General Contract�;r� indicated the area of the club would be expan�ed from 6,600 square feet to 12,730 square feet. The Pu61ic Works D�rector said all of the expansion would be internal. MOTION by Councilman Bre�der to grant the variance as recommended by the Board of Appeals. Seconded by Councilman Starwalt The City Manager said there should be some agreement for parking in back from the ad�acent property owners. Mr. Mochinski presented letters of agreement for this REGULAR COUNCIL MEE�I�dG OF i�1ARCH 77, 1975 parking to the City Manager. PAGE 22 JJ The City Manager pointed out that this business does serve liquor and have a great deal of other people coming in anc out and he would recommend that a sprinkling system be promoted with this consideration. He suggested that the applicant present a total plan for the sprinkling system at this time. Mr. Moch�nski asked if this would also be requiretl if the building were completely � concrete and fireproof. The City Mananger said what he was saying is that the applicant should check into the possibtlity and the City would want to work with the applicant to save on insurance costs. He suggested the Council could st�pulat� that the water lines for the system be installed at the time of the initial construction. He suggested that the applicant present a total plan for the sprinkling system at this time or work with the staff for initiation of such a plan. � � The City Manager also suggested Lhat the City obtain an easement from the property for future improvement of �sborne Road. The C�ty Manager indicated the City had already received an easement from the ad,7acent service station. Mayor Nee asked if this would be within the boulevard. The City Manager said yes. The City Manager said he had talked to the applicant about this and he had said he did not ob,7ect. Mr. Mochinski asked if the 6oulevard would still coincide with the curb line. He also asked ~f the sign arrangement that had 6een discussed would be acceptable The City Manager said yes UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director indicated there was no action necessary on this item at the present meeting. MOTION by Councilman Starwalt to receive the minutes of the Board of P,ppeals Meeting of March 11, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE BUIL�ING STAN�ARDS DESIGN CONTROL SUBCOMMITTEE MEETING Mayor Nee explained that the A'�ministration had indicated that there was no action needed on this item. CONSIDERATION DF A REQUEST FOR PROPERTY IMPROVEMENT. LOCATED AT 1D40 OSBORNE The City Manager said it would be his recommendation that the proposal be approved with the stipulations that an easement be provided for addttional right of way for future improvement of Osborne Road and that the applicants work with the City to establish a plan for a sprinkling system. i �_, REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 23 Councilman Breider asked wha� type of Tanscaping plan would be used in this area. He added, the area around the building is asphalt. The City Manager said the staff was working on this and it would include some work in the front and b�ck of the building. MOTION 6y Councilman Breider to approve the plan for property improvement by the Fridley V.F.W. with the stipulations that an easement be provided for Osborne Road �mprovement and that the appl7cant work w�th the staff on plans for the installation of a sprinkling system. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING TO BE USELI AS A WAREHOUSE The Public Works Director explained that there was no action necessary at this time, a rerommendation would be coming from the Board of Appeals. MOTION by Councilman Fitzpatr�ck to receive the minutes of the Building Standards Design Control Su6committee meeting of March 6, 1975, Seconded by Council��oman Kukowski. Upon a voice vote, all vot9ng aye, Mayor Nee declared the motion carrTed unanimously. RECEIVING TNE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF FEBRUARY 19, 1975. MOTION by Councilman Breider to receive the minutes of the Cit�zen Bikeway Comm�ttee meeting of Fe6ruary 19, 1975 Seconded by Counc7lwoman Kukowski. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously Councilman Starwalt this kind of thing up. said some people feel there is 9oing to 6e money ayailable for He mentioned he would not want the people to get their hopes The City""�raoPr explained that the staff is advising the citizen committee. He mentioned tnat the City has lim�ted resources. He said if funds were needed, this would have to come from Federal funds Councilman Fitzpatrick asked when this matter would be brought to the Council for consideration. Mayor Nee answered that the Committee was not quite ready for this at the present time. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF FEBRUARY 26, 1975• NOTION by Courrilman Breider to receive the minutes of the Citizen Bikeway Committee of February 26, 1975. Seconded by Councilur�man Kukowski. Upon a volce vote, all voting aye, Mayor Nee declared the motion carried u�animously. RECEIUING THE MI�dUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF MARCH 5, 1975: MOTION by Council�aoman Kukowski to receive the minutes of the Citizen Bkieway Committee meeting of March 5, ]975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unariimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSIDN MEETING OF FEBRUARY 18, 1975. MOTION by Councilwaman Kukowski to receive the Minutes of the Charter Commission Meeting of February 18, 1CJ5. Seconded by Coucnilman Starwalt Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SON�IU�RATIOfJ 6F APPROVING E BELL TELEPHONE COMPANY The City Manager expla�ned that the Telephone Company had come up with this suggestion for a system where they will provicle the C�ty with additional service with no add7tional cost. He mentioned that this was comparable to the private telephone service systems that the City had been considering in the past. He also indicated that after ten years the system would be paid up and hopefully, there would be a reduction in the cost of the system. The City Manager said thTS system would enable the City to receive better service for less money. The City Manager recominended the Council act to authorize the preparation of the agree- ment. � � � �r� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 24 The City Mana9er informed the Council that Fridley wou1d be the first municipality to install this new service. The Finance Director agreed stating Fridley would be the first with this type of pricing system. The City Manager again stated that the cost would be reduced after ten years and the system would be more responsive to the work the City is do�ng. He further pointed out that this type of system has been proposed by companies competing with Northwestern Bell Telephone Company. The f_�ty Manager stated, he thought this to 6e a good proposal, �The City Manager sa�d he had the opportunity to review the system when he had visited private companies that had the proposed system. MOTION by Councilman Starwalt to approve the letter of intent to Northwestern Bell Telephone Company for improved telephone service for the Civic Center. Seconded by Councilwoman Kukowski. Upon a voice voie, all voting aye, Mayor Nee declared the motion carried una m mously. CONSIDERATION OF LEASE AGREEMENT WITH UNITY HOSPITAL FOR PARK PROPERTY: Councilman Breider quest�oned if any action could be taken until after the Public Hearing on the vacation. The City Manager answered that if there are any problems with the basic lease, the Administration would be able to work with Unity Hospital. Ne recommended that he thought the City should give some �nd�cation of intent. He explained the request was to lease the property on both sides of the roadway and if the lease is approved, they could go ahead and get the vacation processed. Counc�lman Bre�der said he thought it would be 9ood to vacate the road, this would close up ihis area. The Public Works Director said there would be 2.2 acres in the park. Mayor Nee ind�cated he thought the City should start the process for the vacation ,The City Manager said the staff would begin this process. The Public Works should be waived fees be waived. Director pointed out that there had been some indication that the fees The City Manager agreed stating the Hospital had requested that the MOTION by Councilman Breider to execute the lease agreement, to begin the vacation process and that the fees be waived for the application for the vacating of the road. Seconded by Councilman Starwalt. UFon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF BID AWARD FOR 1975 WEE� MOWING CONTRACT (BID OPENING FEBRUARY 18, 1975?: The City Manager explained to the Council that the b�d had been received by the Weed Contractor that the City contracted wtth the year before last. He indicated that this is the on7y bid that had 6een received. Councilman Breider asked if this was a reasonable rate. The City Manager said he thought this was a little higher than what the City had last year. The Public Works Director explained to the Council that the staff had checked around on the possibility of renting the equipment and the rental price without the labor costs were almost as high as the contract bid. He said the abid was $36.00 and the rental would be $34.00. Mayer Nee asked if the contractor would becftiancnr�g from the time he left Osseo. The Public Works Director said no, he would charge the time from Fr�dley 6id Received from Brian Germundsen, �sseo Minnesota: Tractor with side arm Mower - Cost per hour Tractor with pull Mower or Flair Type, Rotary Type of Equivalent - Cost per hour Tractor Operator - Cost per hour Riding Mower - Cost per hour Riding Mower Operator with Minimum 20 cut - Cast per haur Truck - 1 ton or larger - Cost per hour Hand Mower or cutting Per Man - Cost per hour Spraying, Labor & Equipment (Cost of spray used is addition to above) - Cost per hour $12.00 12.00 5.00 8.00 6.00 16.00 10.00 18.00 �� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 25 MOTION by Cou�rilman Breider to receive the bids as listed for the mowing and cleam ng contract from Mr. Brian Germundson, Osseo, Minnesota and to award the contract to Mr. Germur�dson. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF BID AWARD FOR 50,000 GVtdTRUCK (BID OPENING PIARCH 10, 1975): Bill Boyer Ford Truck Art Gobel Ford BID TOTAL SECURITY PRICE American $14,465 Empire Co. 23,465 5% Cert. Check �1,100 First Nat'1 Bank Anoka 21,950 23,400 Iyzternational No Bid 19,536 78 Harvester Co Security - Did not co�'nply RIHM Motor Company Minar Ford Inc. Cert. Check 26,640 Amt. $1,332 Midway Natl. Bank Na 6id 23,861 Security - Did not comply Minnesota Truck 21,372 Center No Bid Security - Did not c�mply LESS NET C�1.4Kf & DELIVERY TRAD6 PRICE f4��EL DATE $1,500 $12,965 LT 880 1,500 21,965 LT 8000 2,500 19,450 LTS 8000 2,500 20,900 L7S 900D 79,536.78 F 2050 1,800 24,840 W 900 1,800 22,061 LTS 9000 1,000 20,372 CNT 800 1 week 2-3 Weeks Immediately 5 days 14 days 2-3 weeks MISC. ' Trade Was $1,d00 & �ncl. in net price Walton Ford Aetna 22,293 2,410 19,883 LT 8000 Immediately Casualty Insurance The Public Works �irector said the truck did not have a dump bcr on it. He presented the Council with an �l7ustration of the proposed equipment. MOTION by Councilwoman Kukowski to receive the bids and award the contract to Art Gobel Ford in the amount of $19,450. Seconded by Councilman Starwalt. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. APPROVING RECOMMENDATION REGARDING SALARIES OF LIOUOR STORE A�MINISTRATIVE PERSONNEL: ' The City Manager indicated that the Administration had been working with the Admin7strattve personnel of the l�quor store to increase the return on the investment. Fle indicated that they had also been in discussion concerning the proposed salary increases He pc?�nt�d out that the Manager's increase as proposed �aould be a total of $130 over the original � salary that had been reduced. He also indicated that this would be an ,8% increase. The City Manager recalled that the Council had set a goal of 12.5% of return on the investmeni and the operation had achieved 17% return. The City Manager believed this to be a plus for the City and he asked that the salaries of the Manager and Assistant Manager be approved by the Council. The City Manager P�c�lained that in the case of the Assistant Liquor Store Manager, he had planned to retire by January of 1975, but he wishes to stay with the City a little longer. He explained the reason for this is to allow Mr. Hreha to complete 15 years of service with the City and also the same amount of time within the PERA fund. 7he City Manager indicated that he believed this proposal to be mutually beneficial to Mr. Hreha and also the City. The C�ty Manager recommended the Council take action to allow Mr. Hreha to stay with the City beyond h�s 65th b�rthday and until November 22, 1975. � � � v7 t REGUALR COUNCIL MEETING OF MARCH 17, 1975 PAGE 26 Councilman Fitzpatrick mentioned that Mr. Hreha had only asked to stay another five weeks. The City Mana9er explained that Mr. Hreha had made several requests and the City was recommend�ng that 90% of the request be granted. He sa�d he wou7d recommend that Mr. Hreha's date of retirement be November 22, 1975. MOTION by Councilwoman Kukowski to apnro•ve the recommendation for salar�es of the Liquor Store Manager and Assistant Liquor Store Manager as�pinted out on Fage 21 of the Counci� agenda. Seconded 6y Councilman Breider. Councilman Starwalt said he would have no quarrel with the time that Mr. Hreha cont�nued with the City. Councilman Starwalt asked how the $2,000 would have affected the percent of �ncrease if calculated. The Finance Director said this would not have lowered the percent of increase to less than 12,5%. Councrlmar�Breider asked what the figure would be that the City is pro�ecting for the current year The Finance Dtrector indicated that this had not been set Councilman Bre�der sa�d 12.5% would still be a reasonable amount. UPON A VOICE VOTE, all voting aye, Mayor fdee declared the motion carried unanimously. RECEIUING REPORT REGARDING RESPONSE FROM MEMBERS OF DIFFERENT COMMITTEES WHOSE TERMS AND RECEIVING COMMUNICATION FROM MARK SCOTT, MEDIA SPECIALIST, ANOKA COUNTY LIBRARY, R rnn�crnrnnTTnni rnn nnnn�niTnnrnir Tn rnru rnr.annrrrrnni. MOTION by Councilman Starwalt to receive the report regarding response from members of different comm�ttees whose terms are expiring. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried ur�nn�ously MOTION by Councilman Fitzpatrick to receive the communication from Mr. Mark Scott, Media Specialist, Anoka County Library, requesting consideration for appointment to CATV Commission. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIIIIfJG REPORT REGARDING LAW SUIT AGAINST CITY BY YESPlES, INC.� MOTION by Councilman Fitzpatrick to receive the reports from the City Attorney dated March 11, 1975 and also the Finance Director, dated Plarch 13, 1975 and regarding the law suit aga�nst the City of Fridley by Yesnes, Inc. Seconded by Counc�lman Sreider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS; GENERAL 39194 - 39399 LTQUOR 9643 - 9691 MOTION by Councilman Starwalt to approve the claims. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: EXCA�ATING Consolidated Plum6ing & Heating Company 1530 East Cliff Rd. Burnsville, Mn. 55337 GENERAL CONTRACTOR Panelcraft Incorporated 3615 East Lake St. Minneapolis, P4n. 55406 HEATING Equipment Supply Inc, 801 Curfew Street St. Paul, Mn. � S. E. Enright Carl Johnaon APPROVED BY W. Sand�n D. Clark :a". ��rdin ING � i� 41� � REGULAR COUNCIL MEETING OF MARCN 17, 1975 LICENSES CONTINUE�: MASONRY Albin . Katzner Cement Co 11137 Arrowhead St. N. E. Coon Rapids, Mn. 55433 CIGARETTE � Alb�n L. Katzner Poor Richards's Canterbury Ronald Richards Pub 6431 Univers�ty Avenue FODD ESTABLISHMENT Poor RicYiard's Canterbury Pub 6481 University Avenue ON SALE BEER Ronald Ricf�ards Poor Richards's Canterbury Ronald Richards Pub 6481 University Avenue PUBLIC DRINKIPlG PLACE Poor Richard's Canterbury Pub 6481 University Avenue TAVERN Poor Richard's Canterbury Pub 6481 Un�versity Avenue Ronald Richards Ronald Richards PAGE 27 APPROVED BY FEE D. Clark Pub]ic Safety $12.OD Director HeaTth Inspecior 10.45 Public Safety Director Publ�c Safety Director Public Safety Director 170.0f1 100.00 12.00 MOTION by Counci]man Starwalt to approve the licenses as ]isted on the Counci7 agenda Pages 25 through 25-A. Seconded by Councilman 6re7der Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Comstock and D�vis, Inc. Consult�ng En9ineers 1446 County Road "J" Minneapol�s, Minnesota 55432 For the Furnish�ng of resident inspection and resident supervision for the staking of the following work: PARTIAL Estimate #3 for Sanitary Sewer Storm Sewer & Water Improvement Project No. 116 from February 3 through February 28, 1975 PAR7IAL Estimate No. 9 for San�tary Sewer & Water Improvement Project No. 115 from February 3 through February 29, 1975 PARTIAL Estimate No. 14 for Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect No. ]]4 from Februar°y 3 through February 28, 1975 Car7 Newquist 5m�th, Juster & Feikema Builders Exchange Building P�inneapolis, M�nnesota 55402 For leaal services rendered as Prosecutor for February ' ' $ 3,498.64 40.83 ' 1,564.22 1,362.50 �� REGULAR COUNCIL MEETING OF MARCH 17, 1975 Weaver, Talle & Herrick 316 East Main Street Anoka, M�nnesota 55303 For Legal Services rendered as City Attorney for Fe6ruary PAGE 28 $ 1,782 50 �MOTION 6y Councilman Starwalt to approve the estimates. Secondzd by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. RESOLUTION N0. 45-1975 - IN SUPPORT OF HOUSE FILE 754 FOR ISLAN�S OF PEACE• The City �4anager indicated that the Admim stration had not received the copy of the House File until Friday of the previous week. Fle indicated a copy of ihe House File appreared within the agenda, but the proposed resolution had been presented to the Councilmembers for consideration that evening. The City Manager recommended acloption of the Resolution. Mayor Nee said he thought that the Islands of Peace Bill had a fairly good chance of getting approval. The City Manager reiterated he recommended approval and said the Administration would send copies of the resolution to the area's representatives. MOTTON by Councilman Starwalt to adopt Resolution No. 45-1975 supporting House File 754 for Islands of Peace. Seconded by Councilwoman Kukowski Upon a voice voce, all voting aye, Mayor Nee declared the motion carrted unan�mously COMMUNICATIONS: PARK AN� RECREATIDN DIRECTOR: KIWANIS CLUB TREE PROJECT. 'The City Manager indicated that the City could use up to 100 trees for the City's parks. He zndicated that the Club could sell the trees to the community, but the City would not get involved in this. Mayor Nee asked if the Parks Department would have to stake the areas where the trees are proposed. Councilwoman Kukowski asked if some of the trees can 6e designated for Commons Park in the area of the sandboxes. The City Manager said he would bring this to the attention of the Park Director MOTION by Councilman Starwalt to receive the communication from the Kiwanis Club concerning the tree project. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt asked how the proposal for the n�rsery was coming. The City hlanager indicated the staff is working on this and there will be some trees by the fall mont{�s. CONSIDERPTION OF A RESOLUTION AMENDING RE50LUTION FOR APPOINTMFNTS TO HUMAN RELAT Cotncilman Fitzpatrick said the Chairman of the Human Relations Committee, Mr. Harold Belgum, would ltke to distribute letters seeking volunteers for the Committee wtthin the area schools Mayor Nee said the committee wou1d 6e somewhat changed if the Council would give conceptual approval for the idea of ethnic involvement in the _ Human Relations Corrunittee. Councilman Starwalt said he would like to speak against the proposal. Mayor Nee sta�e� he could not see what harm this could do. He said that no action would be taken until the Council acted on it. Councilman Starwalt felt that increasing the membership of the Committee vaould not do any good in guaranteeing that there would be more in attendance at the meeting, now would it mean that there would be a quorum present Councilman Fitzpatrick said he would quest�on the committee having only one purpose. He indicated that he thought that the Corr¢m ttee could also serve other purposes within the community. �U REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 29 MOTION by Councilman Fitzpatrick to direct the Admim stration to prepare a resolution for Council consideration which would increase the membership of the Human Reiations Comm7ttee from 10 to 30 and change the quorum requ�rements from 8 to 70. The City Manager explained that the Committee requirements had been set up by resolution and this resolution would have to be amended. He indicated that the motion would give the A�ministration to go ahead to prepare such a resolution. He asked if this would also app�ove Mr. Belgum's request to distribute 7etters to the schools in the area. Councilman Fitzpatrick said the Counc�l could approve the sending of the letter. Mayor Nee said this would be possible if the Council would agree to this proposal. Council- woman Kukowski said she would ]ike to indicated that Mr. Belgum should go ahead wtth his plans. Councilman Starwalt questioned if this situation should be watr.hed for the {uture budgets Councilman Fitzpatrick said Mr Qelgum �s currently trying to recruit new members. Mayor Nee asked the members of the Courcil if the City Planaget- should advise Mr. Belgum �f the committee membership and quorum requ�rements would be amended. MOTION 6y Councilman Fitzpatrick to amend the motion by adding that the Council author- izes Mr. &elgum, Chairman of the Human Relations Committee, to distribute the letters recruiting new members to the Human Relations Committee through the various school districts. Seconded by Councilv��oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried una m mously. UPON A VOICE VOTE, on the original motion to prepare the resolution, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: LJ MOTION by Councilman areider to ad,7ourn the meeting. Seconded by Councilwoman Kukowski. ' Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanir�ously and the Regular Meeting of the Fr�dley City Council of March 17, 1975 ad,7aurned at 3•22 A.M Respectfully submitted, �,.� "�,ti�,�;,_,.,,`, Pat Ranstrom Secretary to the CTty Council Daie Approved �{ - al-7� William J. Nee Mayor �