04/14/1975 - 00015398G�
THE MINUTES OF THE PUBLIC HEARING MEETIWG OF THE FRIDLEY CITY COUNCIL OF APRIL 14, 1975
The Puhlic Hearing Meeting of the Fridley City Council of April 1R, 1975, was called to
order at 7:31 P.M by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee welcomed those present at the meeting and requested that the audieiice �oin the
council in saying the Pledge of Allegiance to the Flag.
ROLL CALL.
MEMBERS PRESENT: Councilman 5tarwalt, Councilman Fitzpatrick, Mayor Nee,
Councilwoman Kukowski, and Louncilman Brieder.
MEMBERS ABSENT. None.
PROCLA��lATION:
ARBOR DAY 1975 PROCLAMATION.
MOTION by Coucnil�h�oman Kukowski to adopt the Arbor Day 1975 Proclama�ion as listed ir, the
agenda. Seconded by Councilman Starwalt. Upon a vcice vote, all voting aye, Mayor Nee
declared the motion carried unanimously
HONEY WEEK 1975 PROCLAMATION:
MOTIOfV by Councilwoman Kukowski to adopt the Honey Week 1975 Proclamation as it appeared
in the Council agenda. Seconded by Cou��cilman Starwalt. Upon a voice vote, all voting
aye, Niayor Nee declared the motion carried unanimously.
�ADOPTION OF AGENDA•
Mayor Nee said he would like the Council to take care of the election of a Mayor Pr�
Tem. He said this is provided for tn the Charter and had nob been handled 6y the Council
this year. He said there was a possibil�ty that he would not be in attendance at the
fourth conference meeting of the Council and would like this taken care of e�t the present
rreet�ng.
Councilman Breider satd he:�would like to add the receiving of a letter from the National
Association of Counties.
The City Manager said h�4�rould like some Council direct�on on the matter of the City vacated
property south of George Is In Fridley. He indicated the owner has some use for it and
there is a zoning question.
MOTION by Cou�rilman Fitzpatrick to adc�pt the agenda with the aforementioned additions
Seconded by Couu��ilwoman Kukov��ki. Upon a voice vote, all voting aye, P'ayor Nee
declared the moiion carried unam mouslv.
PUBLIC HEARINGS
Mayor Nee said there were no publtc hearinas scheduled for the current meet�ng.
RESOLUTION N0. 55-1975 - REGARDING THE ISSUANCE OF INTOXICATING !IQUOR LICENSF - MAPLE
LANES:
�The City Planager expla�ned that the resolution presented to the Council was the same
resolution that had been adopted for the other applieai2ts He said the re�.olution
indicates the City's intention to issue a liquor license to Maple Lanes �vith the
understanding that the area be upgraded and that the applicant meet the requirements
of the updated revised Ordinance and Codes. The City r,lanager asked if the reservat�on
far the p�eiod of six months would be enough time for the completion of the construct�en.
The City Manager recalled that the applicant's goal for completion was sooner than
this �,eriod of time. He asked if the members of the Council had any questions.
Councilman Starwalt asked if there was some question concerning the square footage
requirements. The City Manager said th�swould be taken care of and Maple Lanes t�rill
have to meet all of the standards of the Code, or the l�cense would not be issued,
Councilman Starwalt said he wtshed this could be a,reed to before the adoption of the
resolution Councilman 6reider said if the Council does not like the plan, they would
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PUBLIC NEARING MEETING OF APRIL 14, 1975
rot issue the license.
PAGE 2
Mayor Nee saTd the Council did see a draft of the plans the prevlous week and there
were some changes discussed and agreed to by the applicant.
The City Manager said the Council is not issuing the license, they are just reserving
it upon the applicant's completion of the necessary requ�rements.
Counciiman Starwalt questioned ihe Finance Director on the criteria on what wouTd �
be considered food and what would be considered liquor under the 40/60 split require-
ments. He said what is iinuor, what is mix, has this been set oui in sufficieni detail?
He said if 3.2 beer is not considered intoxicating liquor, woulcl this be considered
foad?
The Finance Director said the City could send out a Tetter with this type of matter
explained in detail. He said he had not felt that mix baould be considered food, nor
did he bel�eve that 3.2 beer is not an intoxicat�ng lic,!ior. He again mentioned thai the
criteria could be clarified in a mailing. He said he d�d not really believe that any
part of the drink would be considered food.
Councilman Starwalt said he agreed with the concepts of the Finance Director, but he
had been trying to find out the problems that the other areas have been having and the
City of Fridley should know what these concerns are. He said this should be clear
to the City and the accountant reviewin9 the establishments books.
The Finance D�rector said he did not think that these costs could be separated while
ringing them up.
Councilman Starwalt said he had heard tales that this is one of the problems that the
State is having. He said th�s should be defined and the people should live within the
requirements. Councilman STarwalt commented he did not think there would be any problems
w�th the current businesses in the City, but what about the future?
The F�nance Director said this should be followed up with a letter of clarification. �
Mayor Nee said he felt this to be an Administrative problem He�sa�d he did not believe
there should 6e any action on the Council level on this concern.`
Councilman ��a��valt said he thought that this should be looked into. He said he wnuld
like the City to be on solid form ground and this would have to apply to any people coming
�n in the future
The City Manager said the Admintstration had not had any doubt on thts matter. He satd
there may be some cases where there is something mixed with the liauor, but he questioned
if the operator would be able to specify so much receipts from the olive in a drink.
Councilman Fitzpatrick indicated that if a drink is purchased with water as the mix,
the cost would be the same for the purchaser as if the drink was pre�ared with coke
as a mix.
Mayor Nee said the question would not be the cost of the operator to purchase i;he mix,
etc. The City would be dealing with the receipts from the liruor sales,
Councilman Starwalt asked how the food would be considered if the establishment offered
a smorgasboard with the drinks and this food was free to the drink purchasers. Mayor
Nee said this would not be the City's concern. They would be only concerned with the
receipts from the liquor and �f the establ�shment wanted to Faive food away free, this
would be fine. Mayor Nee said the City would be concerned with the revenues taken in by
%re sale of liquor uersus food, not the cost of the food prov�ded by the restaurant. �
Councilman Fitzpatrick said he thought this should be clarifi ed by the Administration.
He mentioned the businesses in the City could be informed by letter.
Couitic7lman Starwalt said this is one of the questions that had bc�n brought to him by
the people of the City of Fridley.
The C�ty Manager said anytF•ing dispensed with the l�quor should be considered l�quor
receipts.
Coun�ilman Breider said he did not tl7ink it would be feasible for an esatablishment
to ring up everything separate on �he t�ll. Ne thought they would be more interested
in making sales than spending the time at the reg�ster dividing the items sold. He
said in comparing the purchases to the sales, they were talkinc� about the opera'cors
keeping two sets of books.
PUBLIC HEARING MEETING OF APRIL 14, 1975
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Mayor Nee stated that the City would not be able to issue a license for a 6ar, only a
restaurant, according to the State Statutes. He said if the operator does not sell
the proper amount of food, his license would be in ,7eopardy.
MOTION by Councilrnan Starwalt to adopt Resolution No. 55-1975, regarc�ing the issuance
of an intoxicating license to Maple Lanes. Secanded by Councilwoman Kukowski. Upon
a voice vote a1T voting aye, Mayor Nee declared the motion carried unanimously.
�Mayor Neeasked the Finance Director to prepare a draft relating to the concerns voiced
by Councilman Starwalt. The Finance �irector said he would do th�s
CONSIDFRATION OF LEGISLATION ON MANDATORY COMPREHEtdSIVE PLANNING UNDER THE METRO COUNCIL:
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The City P+ianager explained that he did not think a formal 6i11 had been introduced. He
pointed out that the group of City Managers within the Metro Municipalities strongly opposed
such action. Bloomington had first opposed the action and then took action to support
the legislation with certain modifications in the proposal He said their support would
go in line withihose matters of Metropolitan sign�ficance such as planntng of sewer and
transportation, etc. The City Manager explained at the present time, the proposal was
still within the Subcomm ttee.
Mayor Nee said he felt that the proposal would be voted out of the subcommittee by the
following day.
The City Manager said the proposal would give the Metro Council some additional auth�rity
they do not have at the present time
The City Manager continued to corrunent thaL some say that the Metro Council should have
some additional say in the activities of the area. He said it would be possible for
the Council to approve the proposal with some modification in that the Metro Council
have this authority as it relates to the broad powers within the Metro Area. He
also indicated that there is a proposal that the members of the Metro Council be elected.
The City Manager felt if they ar� elected, they would have more power. The City Ptanager
commented that he felt the Metro Council mem6ers are too far from thetr base.
The C�ty Manager said another alternative of the Council may be to do nothing on the
proposal.
The City Manager explained with the amount of material sent out by the Metro Counc7l,
the City had not received any information on this proposal.
Councilman Fitzpatrick said he thought a communication had referred to the proposal 6y
a house file number. The City Manager said the proposal had been made by the Sub-
committee and not given a number at the present time.
Mayor Nee said the proposal really slipped through �n�ith all the information sent by
the Metro Council; on this, nothing was sent out. Mayor Nee said he felt that Mr
Vern Peterson of the Associatior of the Metropolitan Municipalit�es really misses the
po�nt. He continued to say that Mr. Peterson said the proposal only relates to p�iysical
systems such as sewer and this would enable the Metro Council to match ad,7oining systems.
He pointed out that this proposal would bring about conflict. Mayor Nee said if there
is a conflict in plans, it would be the power of the Metro Council to tell the various
municipalities to change their plans. He said this would notonly relate to the municipal
qovernments, but also to the various school districts Mayor Nee said �f this type of
proposal had been adopted several years ago, the City of Fridley would not have been
as prosperous as it ts today. Mayor Nee said the downtown people had the City of Fridley
routed for something the City did not 6ecome. Mayor Nee said he had real reservations
on the proposal.
Mayor Nee continued to comnent that the mandatory planning would require all of the plannng
to be done within a year or year and a half. Mayor Nee said he did not think there ��iere
this many planners in the City. He said there may be 40 planners with 180 plans to be
done. He said this would be a fiasco. He mentioned that in this area, there would
he no adverse effects on the City of Fridley because their comprehensive plan had been
completed, but it would have an effect on the outlying suburbs and communities. Mayor
Nee also felt that the sending of all plans to the Metro Cou�cil would be cumbersoi�e
He said he was opposed to the Metro Council making decTSions on the land use tn 'the
Metro area. Mayor Nee said he thought that the City should send representat�ves to indicate
that the City would not favor giving the Metro Council such broad powers.
Councilman Breider saia the part that bothered h�m would 6e that under the proposal, all
of the communtties would have to submit their plans for development to all the
other local governments in their area. He listed the areas surrounding the City of Fridley
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PUBLIC F'EARING MEETING OF 4PRIL 14, 1975
and indicated that this would also inc7ude the various school distr�cts.
l�ke a tedious task.
PAGE 4
He said this seemed
Counc�lman Fitzpatrick said he did ,not feel that the Metro Council was encouraging the
proposal, he felt the le9islature was trying to do this for them.
Mayor Nee said he thought this legislation was
Nee said he was not sure that the Metro Council
he knew that the staff had.
being supported by the Metro Council, i�layor
�tself had taken a position on the proposal,
Councilman Br�eder recalled a cortment he had heard on the radio and said if the Metro �
Area becomes too restrictive, people and devel-opers are going to move out of the area.
Councilman Breider said if he were a developer and was told that he could not develop
because there was no sewer Tine, he would go to an area where he could develop without
one.
CouncTlman SCarwait satd it seemed that there was a speedy push on the proposal and he
disliked this type of action. Councilman Starwalt said there had not been any citizen
input. He suggested that perhaps the Council should wait on taking any stand on the
proposal.
Mayor Nee sa�d he thoughtlthe consideration should be held over for one year in order to
enable a price tag to be placed on the action. He said �t must be determined what would
be spent per plan. He said �c� oppose the entire proposal would tend to put the City
againsi plam m �g, and the City did no oppose planning.
Councilman Stars��alt said the City's years of experience in planning would give them
more answers than some commu m ties. He said he did feel that this was not the best
s�tuation within the seven county area, but he would not want to stand in the way of
plamm�g.
Couricilman Breider said the planner would have to submit plans and set the figures and
he believed that the Metro Council would receive 15 tons of paper with the proposal
and he could see no way that they could keep up with this.
Mayor Nee said he felt the Metro Council could trust the Ciiy to figure out the
necessary plans for the area. He questioned what would happen if the Metro Council
would indicate that the C�ty has too much industiral land? He asked if they would direct
the City to chanqe the zoning to create more low cost residential. Mayor Nee said he
believed that this type of action would go beyond the intention and requirement of
their systems. Hesaitl they should not be given the power to do thts, even if it is
indicated that they would not.
Councilman Breider said he had heard some of the Metro Council people talk and he
wou]d not put anyth�ng past them
Counciiman Starwait said the City Council of Fridiey couTd Tet this consideration go by
them at th�s tirrie, or ask that action on the proposa•1 not be taken for the period of
one y?ar,
Mayor Nee responded stating that the matter may be voted out of the subcommittee at any
t�me. He said the action by the City of Fridley may have some bearing on how the
representatives vote.
Counctlwoman Kukowski asked if the indication of the City's should be submitted by means
of a letter of intent or a resolution. Counci7man Starwalt sa�d he felt the letter of
intent would ge good. He asked �f the C�ty P4anager would draft such a letter.
Councilman 6reidr�r said he thought the City should take a stronger stand. He said
tYiose communit�es at the starting point would be bearing financial hardships. Mayor
Nee said the Metro Council is offerinq to pay for this. Counctlman Bre�Tder said this
would be a burden on the State taxpayers.
Councilman Brieder noted that it would be ted�ous to have to submit p7ans for all
development to all of the area comriunities, Metro Council and School Districts.
Mayor Nee said the area coircnunities do cooperate when this is suitable and the school
distr�cts also cooperate with the City.
The City Manager agreed that there is cooperation between the area governmental um ts
and school districts. He mentioned w�th the comprehensive plan, this would be necessary
without passing a law on it.
Mayor Nee said the cost for such implementation could be very high. Councilman Starwalt
asked if the stronger stand could be noted in opposition to the unknown costs?
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PUBLIC HEARING MEETING OF P,PRIL 14, 1975
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�a n,
Councilman Breider agreed with this statement. Councilman Breider said the proposal is
talking about two levels of planning, one the Metro type control or decisions on
coordination of the conmuntty projects on a higher scale and the other, decisions concerning
individual parcels and their planning. Councilman Breider said he thought their input
should be limited to the large scale major situations with Metropolitan and major
significance. He thought they should be concerned with matters such as the amount of
discharge in the sewer rather than the type of housing or industrial land within the
City.
�Mayor Nee sa�d he thought this would allow the Council to act in an arbitrary way.
Mayor Nee cont�nued to point out that if the ar6itrary cr�teria is adopted, th�s would
affect all communities, and in this respect the City of Fridley will be fi ne because
their comprehensive plan has been submitted He thought this would relate to cities
such as Burnsville and Lino Lakes. Mayor Nee thought these powers should be limited
to the collection of sewage rather than questioning the ratio of residential land to
industrial land within the City.
Councilman Breider agreed with the concept and asked how many time a to�let would
be flushed in a warehouse. He thought this would not be very many times. Counci1man
Breider said the use of the land as industrial in this type of construction would not
increase the sewer flow. Councilman Breider questioned if their criteria is always
right, and asked why there should be a change when it had not been determined who is
right.
The City Manager said the proposed legislation wou1d take away the powers that the
City does have He further suggested that perhaps the Council would like to only
oppose the proposal insome areas and restrict their power in certain areas.
Councilman F�tzpatrick said he dld not think that Bloomington really took a stand
of support in their action as reported in the Minneapolis Star. He explained that
they suggested modification of the powers in many area Mayor Nee said he felt
he could ao along with the Bloomington proposal very easily.
�The City Manager indicated the Council would have the alternatives of opposing the
proposal or indicating it would favor modification. He said if the powers are
defined and only relate to those matters with Metropolitan sign�ficance this would not
E�roaden their powers.
Councilman Fitzpatrick said he would not like to do anything that curtail ths hletro
Council's work in problems with urban sprall. Mayor Nee said he agreed with this point,
but felt the current proposal was asking for ��ne arbitrary powers for the Metro Council.
Councilman Fitzpatrick sai�naybe, the Admim stration could bring in some resolution for
Council consideration. 7he City Manager questioned if this resolution should relate
to the point that was made concerning the additional time for study of the proposal
I;e satd the City could request that this 6e delayed for action for the period of one
year and also �nd�cate �f the Legislature feels that it should 6e acted on, request
that the Metro Council powers be more restricted,
The City Manager expressed dislike for the methods of informing the area comniunities.
He said the first notice the City of Fridley a�nd about the proposal was sent out by the
Association of Metropolitan Municipalities. The City Manager said he felt a stronger
resoiution shou9d be drafted stating the City would not want the Metro Council to have
adc;itional powers. Mayor Nee agreed stating the powers they do have should relate to their
capital systems.
Councilman Fitzpatrick agreed that the notification of this proposal had been rushed and in
�other areas, the Metro Council addresses issues in great length.
The City Manager satid he would recommend that the Council take the position that the
Metro Council has a certain roll to play, but that this should be restricted to certain
areas. Councilman Fitzpatrick mentioned that until the Metro Council has excercised
the powers that they do have at the present time, they would not be ready for additional
powers. Mayor Nee said he thought the Metro Council had all the powers it needs at tE�e
present time. He mentioned the aspect of the�r granting powers in relation toihe develop-
ment of the corianunities and said if the criteria of the Metro Council is not followed,
the area communities would�ot receive funding grants.
Councilman Fitzpatricl; asked Mayor Nee what h�s position an this concern is Mayor
Nee said he felt the degree of representaiion on the local level to be far superior
than the Metro Council thinks. He stated the local power and ,7udgeinent can be trusted
and is more responsive and more dependable than if the Metro Council were to be elected
and g�ven the powers now entrusted to local officials He said it is very hard to get
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PU6LIC NEARING MEETING OF APRIL 14, 1975 PAGE 6
hold of a Metro Council ir^ember and it �s very easy to get in touch w�th the local
Council and Administrat�on. Mayor Nee continued to comment that if this is done
by State Statutes, this would create tons of paper and be a bonanza for planners.
He recalled that the concept of neighborhood councils had been tried in Minneapolis.
Mayor Nee said in New York the central planning had been tried and it did not work
because the people felt alienated. Mayor Nee said he would tend to agree with the
Bloom�ngton statement in that their powers should be modified within the proposal �
and defined more pren sly. P9ayor Nee said he thought it would be a real mess if 100
communities began to plan all at one time. He questioned where all of the planners
would be,
Councilman Brieder asked if the resolution could be drawn by the coming week's
Council meet�ng. The City Manager said this may be too late. He continued to comment
that the Metro Council should have power on a limited basis and not given such broad
powers. He said this would just create additional red tape and they have the powers
that are needed by them at the present time. The City Manager mentioned the amount
of paper that is generated by the Metro Council and explained that the Council only
receives a part of this paper. He also referred to the Metro Council structure and
said there is a whole building full of people generating paper. He questioned the
ar�unt of time they had occupied the building and the amount of people they have.
Councilman Starwalt asked if the feelings of the Council cou�T� be summed up �n a
7etter rather than the Council making this ]eg�s7ation. He questioned the overall
costs
The City Manager said the Adm;nistration would bring something back to the Council by
the comrng week. He said the Administration would attend the upcoming week"s meeting
on the matter.
Mayor Nee said he felt the City Manager understood the matter and could represent the
Council at the meetinqs. Counci�man Starwalt indicated he approved of the City '
Manager representing the Council at the legislative meetings on the matter.
MOTION by Councilman Starwalt to authorize the City Manager to attend the various
Legislative meetings and be the Council's representative at these meetings. Seconded
by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimoualy.
Mayor Nee said he thought there would be a meeting at lO:OC A.M. the followiny day.
The City Manager asked the Council if they would still like some type of resolution
for action the following meeting and Mayor Nee said yes.
RESOLUTION NO 59-1975 - A RESOLUTION OPPOSING THE FORMULA USED FOR DISTR
The C�ty Manager explained tha the Finance Director had attended the meeting concerning
Senate File 1011 because he had to attend another meeting.
The F�nance D�rector stated the Counc�l had supported the proposed bill relating to
Gross earnings on Railroad and Telephone companies, the gross earnings bill was the
Governor's proposal. The Finance �9rector said the tax revenue from gross earnings
is now going to the State of Minresota and this would shift the gross earnings back to
the mun�c7pal�ties, He said th�s 6i11 would give mun�cipalities more state aid and would
result in lower property taxes. He said the proposetl Senate File 1011 by Coleman would do
two thrngs, the State would distribute certarn state aids now going to the counties to the
municipalities. The State would picl< up certain welfare costs now being paid by the
county. The Finance Oirector said the biiis are iied iogether because there is a question �
ofwhether the State could fund both, the gross earnings proposal and the Senate File
1011, welfare proposal, one of the other may be adopted.
The Finance Director explained Senate File 1011/ welfare proposal stating the Counties
losr $31,000,000 they receive from State Aid funds. This would flo to the municipalities.
He said the formula for distribution of the State aid unfairly treats cities like Fridley.
Mr. Brunsell said w�th this formula, Minneapolis and St. Paul would get a disproportion-
ate share or one half of the total or from 15 to 18 million.
The Finance �irector pointed out ��a^o�her way for the Council to look at the alternative
was that under the Governor's prcposal, the City would receive $257,000, wh�ch would
90 towatds_ reducing the property tax. Under the Coleman Bill, the City would receive
$63,000 in State Aid to reduce the property tax. He further explained that if the
$31,000,000 were redistributed back under the same formula as being used at the present
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PUBLIC HEARING MEETING OF APRIL 14, 1975 PAGE 7
time, the City of Fridley would receive $335,000 in additional State Aid He indicated
that these figures were furnished by Senator Coleman's office
The F�nance dtrector �nformed the Council that the Governor had a r�+��aentative
speak in opposition to the Coleman Sill. He explained that aean Lund of the League
of Minnesota Municipalities spoke in opposition to the bi]1.
The Finance Director said Senate File 1011 �vould give Minneapolis and St. Paul an
�unfair advantage over every one else in the 5tate.
A question was raised on the per capita formula and if the formula vaas different in the
Metro area. The Czty Manager said if the City taxes the people more, they would
receive more State Aid. The Finance �irector explained that the mill rate in the
Minneapolis and St. Pual areas is raised through the inclusion of improvements and such
things as garbage collection placed on the tax statements. The City Attorney said
the mill rate is only part of the formula, He also mentioned that the rat� is of the
real estate taxes versus the assessed valuation would have a bearing. The Finance
Director said this would be equalized first to take care of inequities �n the assessing
process. Ne said this would put everyone on an equal plain.
The City Manager said the Administration was not opposed to �e City getting the money,
ihe��� were opposed tothe disp�rnportionate �hare coming back to the rity The Finance
Director said he opposed the formula. He continued to comment that this was not to
fair to the people in the suburbs and if this would pass, there would not be enough money
for the gross earm ngs bill on the Railroad and Telephone Companies. He said this
would take money away from State funds and they both could not be passed.
Mayor Nee asked if the best proposal for the City of Fridley would be the Governor's
proposal and the Frnance Director said this would give the most aid directly to the
City.
The Finance Director said under Senate File 1011, the City would receive approximately
'$628,000 total of State Aid Funds. lie further explained that this would be $b3,000 �n
addition to the $565,000 that is currently received, but under the same formula that is
being used at t�� present time, the City would receive an additional $335,000 for a
total of $900,�0� The F�nance Director recommended that the Council take action to
favor Senate File 1011, but oppose the formula for distribution of State Aid.
Councilman Fitzpatrick said this action would only oppose the formula and would
not �eopard9�e the gross earn�ngs tax. The Finance Director said yes, if the proposal
is approved, the City would be indicating they would like to use the old formula for
distribution of Senate File 1011 were to pass.
M�TI�N by Councilman Breider to adopi Resolution No 59-1975, op;�osin9 the formula
for distr7bution of State Aid funds, Senate File 1011. Seconded by Councilv,roman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unamrnously.
CONSIDERATION OF HOUSE FILE 754 FOR PROVI�ING FUNDIiVG FOR ISLAN6S OF PEACE:
The City Manager explained that the bill had been 7n thesubcommittee and would be before
the full con¢nittee the next morning. He said the Subcommittee was concerned with the
short term lease between the Foundation and the City and sugqested that there be a
longer commitment for the land if this amount of money were to 6e put into the area.
The City Manager ex�lained that the Administration did not feel that there would be
any problem in cominitting the land for this long a time. He said there may be some
�concern about the maintenance of the area over this period of time. He said it would
be possible to comm i the land to the recreationa7 use of the handicapped for a period
of 99 years. He pointed out to the Council that Hodges Island wouldnot be under City
control after the period of ten years. The City Manager said it would be possible to
commit the land for a period over the four to five years period if this is the Council's
desire. Mr. Qureshi said he hoped that the mor,ey could be obtained and the facility
could become a more regional type park. He sa�d his only reservation if that the City
may be required to mainta�n and take care of the facility and buildings under the
current maintenance fund, and �t would not be possible to do tSn s.
The City Manager explained the application process for obtaining the funding by
stating the City of Fridley would be making the application through the State Planning
Agency, the money would not be going directly to the Foundation He said this would
be similar to the application and funding procedures that had been followed for Norih
Park. He aid the funds would ccme to the C�ty and in turn, the C�ty can have a
relationship with the Islards of Peace.
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PUBLIC HEARIPlG MEETING OF APRIL 14, 1975 PAGE 8
Mayor Nee asked the City Manager if he felt the Committee would settle for an additional
25 or 50 years rather than 99 years. Councilr,�an Breider asked if they were Eai(:ing
about the extension of the lease or the commitment for maintenance of the facility for
the use of the handicapped. The City Manager said they were talk�ng about the lease.
He mentioned that the question of whether or not the Islands of Peace Foundat�on would
become inactive or defure*.should be considered. He commented that the Foundation
has a legal and moral obligatton to turn the property back to the City.
Councilman Breider asked if it would be possible for the City to prepare a letter of
understandin9 contingent on the money going to this purpose. Mayor Nee asked if
Councilman Breider's intent would 6e to guaruntee that the land would be continuously
available. Cow�cilman Breider said yes, the City would guarantee to develop the
facility for the handicapped. Councilman Breider said he did not feel the extension
of the lease at this time would make any sense. Mayor Nee asked if the Council could
give the City Manager some d�rection on the terms to be agreed upon. Mayor Nee
continued to �omment that the City could say that there would be no problem as long as
the City would not have to program the development of the land or the complete mainten-
ance of the facil�ty. He added, yes, the City could make the land available for the
purpose of recreational facilities for the handicapped for who ever wants te pronram
it. Mayor Nee asked the Council if the City Manager be given the dfiscretion to reach
an agreement �n this line. The City Manager asked the Council what would be their
suggestion if the comm ttee demanded the lease be extended for the full 99 years.
Mayor Nee said this would be a long time. The City manager said there would be some
problems �n the corranitment of the land. He indicated that the maintenance commitment
on the part of the City of Fridley would be paying for the maintenance of a regic;nal
park. He said he thought the City would be doing its share to corarnit the land.
The City Attorney said regardless of what the City does with the lease, there will
be some negotiations with the 5tate Planning Agency. He said all of these things will
have to be ironed out. The City Attorney said the State Planing Agency mi�ht say the
City will have to be responsible for the construction and maintenance of the facility.
Mayor Nee said the ma�ntenance factor did not bother him, but if the City staffed the
facil�ty and provided busses and this �ype of function, this would be undesirable.
The City Attorney said if the State is expending this amount of money, they might
take some action to handle the operations of the facility. The City Attorney said this
would not be determined by the City or the Legislature at the present time, this would
be done by the State P7anning Agency �n the future.
Mayor Nee said the exact terms did not have to be on paper at this time. The City Marager
sa�d he would express the view that the City is w�7ling to enter into a longer commitment
for 7and use,
MOTION by Councilman Breider to commit the 7and for a certain period of t�me for recrea-
tional use by the handicapped and general public contin9ent on the receipt of the grant
for the Islandsof Peace pro,7ect in the amount of $250,000. Seconded dy Councilwoman
Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motton carried
unanlmously
RESOLUTION N0. 56-1475 - DIRECTING PREPARATIaN OF ASSESSMENT ROLL FOR SANITARY SFWER
AfVD WATER IMPROUEMENT PRO�ECT N0. 115:
MOTION by Councilman Starwalt to adopt Resolution No. 56-1975, directing preparation
of assessment roll for Sanitary Sewer and Water Improvement Pro,7ect No. 115. Seconded
by Councilvroman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
mot�nn carr�ed unanimously
RESOLUTTON N0. 57-1975 - QIRECTING PU6LICATION OF HEARING ON PROPOSED ASSESSMENT ROLL
FOR SANITARY SEWER AND WATER IMPROVEMENT PROJECT N0. 115:
MOTION by Couc m larr�ir,an Kukowski to adopt Resolution No. 57-1975, directing publication
of heartng on proposed Assessment Roll for Sanitary Scrrer and Water Imurovem2nt Pro�ect
No 115, Seconded by Couc m lman Starwalt. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanlmously,
ION N0. 58-1475 - IN OPPOSITION TO HOUSE F
The F�nance Director said the proposed House File would limit the late payment charge
to not more than 1% per month and would prohibit the use of tax rolls for collection
of delinquent accounts. Mr. Brunsell explained that the City has used this method
of collectionextensively and had not taken the agressive action of turning off water.
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PUBLIC HEARING MEETING DF APRIL 14, 1975 PAGE 9
He explained that th�process of turning off the water to be quite expensive and �t would
not be possible to turn the water off for an apartment building He explained an
alternative action would be to take the collection matters to court. Giving the
Council an example of this kind of action, Mr. Brunsell recalled the matter tn question
of collection that had come up the previous week. He,said the City had taken a person
to court for non payment of a water bill and the court decided in favor of the City
and the City still does not have the money. He said the use of the tax rolls for this
type of collection is a very valuable iool to the City. He said it is not a costly
'process, and there are less problems zn this method of collection than any other. He
said theCity is bound to get a few coirplaints on the method, but this would be less
than what would occur in the other methods.
Councilman Fitzpatrick asked what is behind the legislation to not put the delinquent
utility bills on the tax rolls. The City Manager explained the back ground on tFie
proposal by saying that one community put an excessive penalty of about 40% on past
due bills. He said some citizens felt this was undue pressure. The City Manager
said the City of Fridley does not have this problem, their charges are no where close
to th�s.
The City Manager pointed out the City's opposition was not directed at the penalty por-
tion of the House File. He said they did oppose the stand to not allow utility bills
to go on the tax rolls, and th�s is the basic reason for bring this matter to the
Council.
The Ciiy Manager said the City's lliility Fund is self sustaining and if the City would
have to expend additional funds on collection, the people who are paying their bills
would have to be taxed for this. The City Manager said �t is the people that are not
paying their bills that should pay the price.
The City Manager recorronended that the Council adopt the resolution.
Councilman Fitzpatrick said as a practical matter, if he had a delinquent water bill,
�he would want the balance to be placed on the tax rolls rather than pay the lump sum
payment or have the water turned off.
The City Attorney said he agreed with the Finance D}rector in that it would be undesir-
ab1e for the City to turn off the water with no notification. He continued to explain
the problem that had been discussed at the previous meeting of the Council when a lady
owed a$76 water bill and was taken to court. He said the t�me spent on tl�z matter
6y the new home owner, the legal consultants, Ctty staff, price of the filing and
transcripts and sending the sheffif out, the City would be spending much more in
this collection procedure.
Mayor Nee explained that he had been concerned with this being a proper use of the
City's taxing power. He said this would 6e come a tax burden if the City failed to
collect the amount. The City Attorney said the utility 6ills are a service for which
payment is owed the City just as tax for special assessment would be.
The City Manager explained that the City is providing the service and is not a profit
making business. He said this could be contracted out, but as a City function, it is
a self sustaining function where who ever uses the services pays for the serv�ce.
The City Manager emphasized that the proposal would create a burden for those who are
willing to pay for their utility bills by raising the cost and those creating the
problem should bear the burden.
MOTION by Coun�ilman Breider to adopt Resolution No 58-1975, �n opposition to House
File 1159 relat�ng to pub7�c utilities limiting late payment charges and prohibiting
�use of tax rolls to collect municipal utility bills. Seconded by Councilmar Starwalt.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
Counczlman Stary.a1tstated he thought Zt to be unfortunate that the man how had appPared
at the last week's Council meeting was unable to resolve the transfer of the property
without the delinquent water bill. The Finance Director said in most cases, people will
buy the property before they ever come into City Hall for any reason. He added, he
could not guarantee that prospective buyers would be notif�ed before purchasing a
home in Fridley. He pointed out that the Water �epartment is establishing a procedure
so that this information would be available in a title search on the property, but
this information could on ly be conveyed if the search was completed before the
purchase. He mentioned he could not guarantee that there would be an assessment
search.
The City Attorney noted that one of the local legislators is sponsoring the House
File. The Finance Director indicated that there are two parts to the proposal and the
penalty portion may be the portion he is supporting.
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P�BLIC HEARING MEETING OF APRIL 14, 1975
PAGE 10
Mayor Nee said he had the feeling that NSP may have to go to court to turn off
people's electric and have a court order to tlo this. He said this would have to
be done with a claim in private business. He said he felt that NSP and the Gas
Company should have to do this. He further explained that when he first saw the
proposal, he thou9ht this is what the C�ty would have to do also. He questioned
if the claims should be documented beyond the City's satisfaction or whether this
shou7d be settled by other people. The City Manager explained that NSP is a profit
mak�ng business and tl�e City of Fridley is not. He said the C�ty was only providing
service and the Aaministration would have a responsibility to the citizens. He
7entioned no one would 6e rilled if there is a problem or a malfunction. The City
'�^anager said the City would have to be more accoutable to the citizens than NSP.
The City ATtorney said notices are sent out to ihe people before the delinquent
utility �ill is levied on the tax statement. The Finance Director said the people
are sent a notice that if the 6i11 is not paid in a certain number of days, the
amount will be placed on the tax rolls. He said after this time the Council is
given the list of delinquent accounts for consideration in form of a resolution.
The City Manager said the people are notif�ed three times �hat they hue�e a past
due bill.
CONSIDERATION OF APP01�1T,'�"VILOFMAyOR PRD TEP9:
Mayor Nee said he had requested that this item appear on the agenda. He pointed out
that the Charter requir�s the appointmtnet of Mayor Pro Tem. He explained that there
was a possibil�ty that he would not be able to attend the conference meeting of the
Council on Apr�l 28, 1975.
MOTION by Coun�ilwoman Kukowski to appoint Councilman Breider as "rayor Pro Tem.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
RECEIUING COMMUNICATION FROM NATIONAL ASSOCIATION OF COUNTIES: AND COMMUNICATIOPI FP.OM
�1R. D. W. DWYER, UNDERSHEF:IFf�, ANOKA COUNTY SHERIFF°S OFFICE:
Councilman 6reider explained that he had received a communication f�^om Mr. D. W.
Dwyer from the Anoka County Sheriff's office with a letter attached from the National
Assoc�ation of Counties which explained Anoka County had won a National award for
the Joint Law Enforcement Council. Councilman Breider read the first t�vo paragraphs
of the letter from the National Association of Counties to thG=_Council and audience.
Councilman Breider said the City of Fridley is a part of this orga m zation as well a�
other communit�es in the County.
MOTION by Couc m lman Breider to receive the corrnnunication from Mr. D. lJ, Dwyer,
Undersher7ff, Anoka County Sheriff's Office, dated April 11, 1975 and also the
communication from the Nat7onrzl Association of Counties and dated April 3, 1975.
Seconded by Counci7woman Kukowski. Upon a voice vote, al] voting aye, Mayor Nee
delcared the motion carried una m mously.
CONSIDERATION QF PRESENTATION BY NA�GLE 5IGN COMPANY QN BILLBOARDS AT APRIL 28, 1475
CONFERENCE MEETING•
Mayor Nee said a representati�de of Na�gle Sign Company had coniacted him and requested
to give a presentation to the Fridley City Council. Mayor Nee said he would like to
disqualify himself from the discussion because of his interest in the media. Mayor
Nee sa�d he had indicatcd this may be possible at the fourth conference meeting of
the Council.
The Council �onsensus was to approve the proposed presentation for the fourth
conference meeting.
CONSIDERATIONDF POSSIBLE ACTION ON ZONING DI
Gi7
The City Manager briefly explained the history of the situation. lie said as the
property Hras zoned for public use, it could be rezoned or could be allowed to exist
under the non conforming use.
The Public Works Director explained tLe proposed remodeling and paneling to provide
a recr�ctional area attached to the bar.
After some discussion on the item, Councilman Breider indicated the belief that
the Zoning Administrator should make a decision or opinion on the proper method of
procedure. He mentioned that in other cases, th7s had been specifically prohibited.
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PUBLIC HEARING PIEETING OF APRIL 14, 1975
PAGE ll
Counc�l consensus was to have the Zoning Administrator prepare a recommendation for
act�on.
A�JOUNRMENT:
MOTION by Coucnilman Breider to adjourn the meeting. Seconded by Couiroilwoman Kukowski.
�Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and
the Public Hearing Meeting of the Fridley City Council of �'4pri1 14, 1975 ad,7ourned
at 9:31 P.M.
Respectfully su6mitted,
����,�--�rr-�
Pat Ranstrom Wlll�am J Nee
Secretary to the City Council Mayor
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Date Adopted
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