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10/25/1976 - 5726JANET KONZAK ADMINISTRATIVE P.SSISTANT REGULAR COUNCIL MEETING OCTOBER 25, 1976 � , � i I � � 169 THE MINUTES OF THE REGULAR ME[TINf OF THE FRIDLEY CITY COUPlCIL Of OCTOQER 25, 1976 The Regular Meetinq of the Fridley City Council of October 25, 1976 was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: P1ayor Nee led the Council and the audience in saying the Pledne of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Starwalt, Councilwoman Kukowski, Counci)man Hamernik, and Mayor Plee. MEMQERS ABSENT: APPROVAL OF MIPdUTES: PUBLIC HEARING MEETING OF SE^TEP1[3ER 20, 1976: MOTIOPJ by Councilman Star�•�alt to apnrove the minutes of the Public Hearin� P1eetin9 of the Fridley City Council as submitted. Seconded by Counci?man Hamernik. Upon a voice vote, all votin� a,ye, P1ayor Nee declared the motion carried una;�imously. REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1976: Councilvaoman Kukowski stated that she would like to amend the minutes; page five, second and third pai°agraphs should be reversed to read as follows: MOTION b,y Councilwornan Kukowski to receive Petition No. 15-1976 for street li9ht, noi a traffic sign; and �iUiIOid by Councilman Hamernik to receive Petition No. 16-1�76 requestirlg stop signs. MOTION by Councilman Hamernik to anprove �he r��inutes as corrected. Seconded b,y Councilwoman Kukowski. Upon a voice vote, all votinn aye, Mavor fdee declared the motion carried unanimously. REfULAR COUNCIL M[ETING OF OCTOBEP, 4, 1976: MOTIOP� by Councilwoman Kukowski to approve the minutes as submitted. Seconded by Councilnian Hamernik. Upon a voice vote, all votinn a,ye, P1avor PJee declared the motion carried unanimously. ADOPTION OF AG[NDA: MOTION by Co�mcil�voman Kukowski to adont the anenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all votinc� aye, Mayor PJee declared the motion carried unanimously. OPEN FQRUM, VISITORS: Mayor Nee then asked if there was anyone in the audience vaho wished to speak to the City Council with the exception of P1r. Ed 4Jilmes, and there tivas no response. Mayor Nee made reference to a citizen of Fridley, whose name and address he did not have, who approached the Mayor and expressed his annoyance as to the way he received a notice from the City. The notice was somethinc� to the effect of "pay for the meter in five days or else." Mr. Brunsell, Finance Director, stated that there is a standard for+n that is sent out and his office wou]d look into the matter. Mayor Nee stated that perhaps the gentleman needs the notice exnlained to hiin, as it had not been explained to him and this was the ctentleman's complaint. Mr. Ed bJilmes, 6350 Riverview Terrace, then spoke renardina the requisition he had for reward signs at the Islands of Peace. He stated that he believed the Folice and the Parks and Recreation Departments were doing all they can, but he felt it still was not enough. Mayor Nee stated that he received suaaestions that it would be desirous for the � i � �_rl 0 REGULAR COUNCIL PIEETIfdG OF OCTOQER 25, 1976 PAGE 2 matter to be routed to the Parks and Recreation Commission. Councilwoman Kukowski then stated that it was her feelina that one si�n for now could be nosted at the Islands of Peace and that the Parks and Recreation Cominission should have somethino to do with tnis. Councilwonian Kukowski also mentio�ied that sinr_e P1r. i-dilmes feels very stron�ly about this, that �erhans the one sinn could be �osted now and see what hapoens. Councilman Fitz�atrick stated that he anreed with Councilwoman Kuhowski and if this is a �ood idea for the Islands of Peace, it miaht be a �ood idea for other areas and it should then be referred to the Parks De�artment. However, he believed that a sign for tl�e tir�e beinn would not hurt since so many are concei°ned about the vandalism at the Islands of Peace. Co«ncilman Starwalt then raised the question of whose si�n -- a City sinn ��aith the City responsible, or a Foundation sign with the Foundation res!�onsible? P1r. 4lilmes responded that the City has made an a�reement for fire nrotection, police protection and so forth for the Islands of Peace. The Foundation is nayina insurance on the land and he snoke to the insurance neo��le th.is date and was advised that they were in total agreement. That uihatever is done, they tvere willin� to try it. - flayor Pdee then asked f1r. l�lilries if the insui�ance comnanv had any infarmatian on haN� these things work and Mr. l-!ilmes replied that they vdould have the information � available tomorrow as to how the nolic,vshould read. ' P1r. Nasim Qureshi, Gity Planager, then stated that a rearard sinn would be posted offerinn a$100 reward for inforr�ation leadino to the arrest or conviction of anyone who commits destruction or vandalism on the Islands of Peace. He further stated that the siqn wou7d be tried on ti�is basis and revievred from time to time. There would also be a telenhone number niven to call, which f1r. I�lilr�es aqree would be his number. i1r. Wilmes then asked vahich entrar}ce wou7d the sic�n be nosteci at, and C1�°. tlureshi ` stated at the Stevenson School area entrance, f1r. 6•lilries the�� commented that this v,�ould be agre2able and thanked th° Cit,y Council for their considerations in this regard. �1r. Qureshi also stateci to Mr. l�lilmes and the Council that i:here �•�ould be $180 paid to P1r, f4i nder for i nterest ot,,ed hi i��, us i nn `�81 . 26 whi ci� i s avai 1 abl e i n the Isl ands of Peace Funds; ard th��re ��ill be lcss than r�9 deficit in tnat rund, which the City hope that the Islands o` Peace FoundaCion �-�ill renlace ii� the near futui°e. P1r. Qureshi also sta_ted that his reasonina for roentioninc, this was just to make the Council aware of the situation ar;d a motion Hras r-robably not i�ecessai°,y. � � ORDIPJf1[�!CE PJO. 623 - STRFET AhdD ALL[Y VACATIOfI 5A1�' �?76-�5 QY ASSUR{1tJCE PIANUFACTURING ------ ------- --- — ---- ------ --- ------- --- COh1PAPdY, 7753 QEECH STP.EET, VP.CATIO�d OF UTILITI' P,"iD DRAINAGE EAS�=MEPJT: P10TIOi� by Councilman Hamernik to waive the second readinci of Ordinance No. 623 and adopt it on the second readinn, and nublish. Seconded b,y Councilman Starwalt. Upon a voice vote, all votin�t aye, �1ayor P�ee declared the ��otion carried unanimously. ORDIfdANCF P�O. 624 - ADOTIflG THE BUDGET FOR THE FISCAL YEA'; 1977: f10TI0N by Councilr�an Start��alt t:o viaive the readinn of Ordinance IVo. 62�! and adopt it on the second readin�, and publish. Seconded bv Councilir�an Fitzpatrid:. Uoon a� voice vote, all votinn ave, Mayor Pdee declared the motion carried unanimously. ORDTNp.NCE P�O. 625 - Af1EPJDIf1G THE CITY CHARIER OF THE CITY OF FRIDLEY: P1UTIJ�! by Councilman Flamernik to waive the reading of Ordinance No. 625 an�i adopt it on the second readin�i, and nublish. Secor,dcd by Councilwoman Kukowski. Upon a voice vote, all votinn ayes f1ayor �lee declared the motion carried unanimously. NF�I BUSIPJESS: CCiJSIDERATION OF VFW POST #,-`363 REOUEST TO USE [3IflGO FUP�DS FOR THEIR QUILDING FROGRAPI II!�TEAD OF FOR COP1�1UNITY PROJLCTS: P1a,yor P�ee asked the audience if there Wd5 anyone nresent to discuss the matter and there was no response. Councilinan Starwalt then raised the questions of ho�v I �. 'il 0 ' REGULAR COUNCIL MEETING OF OCTOQER 25, 1976 171 �FlSE s this would apply to the future aspirai:ions of the American Leaion Club and how would other non-profit bingo operators fit into this. Councilman Starwalt stated that he needed to know the answers to these �uestions before he could make a decision on the subject. Councilwoman Kuko�vski stated that she as ���ell as the Cit,y Council were all in agreement as to where the Lenion's monies are s�ent, etc., and similar problems will undoubtedly develop with other nroups. MOTION by Councilwoman Kukowski to table the VFW Post �363 request. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinn ave, �1ayor Nee declared the motion carried unanimouslv. RECEIVIPdG THE MINUT[S OF THE CIVIL SERVICE COPIMTSSIOf� �1EETIPlG OF OCTOBER 6, 1976: D10TION by Councilman Fitzpatrick to receive the minutes of the Civil Service Commission Meeting of October 6, 1976. Seconded b,y Councilwon�an Kukovrski. Upon a voice vote, all votinn a,ye, Mayor Nee declared the motion carried unanimously. RESOLU7ION N0. 111-1976 - AUTHOP,I7ING AP�D DIRECTINf, TNE SPLITTIfdG OF SPECIAL ASSESSfiEPlTS ON OUTLOT H, INNSBRUCK NORTH ADDITION, AP�D APPOR7IONIPJ(; INTO IfJNSBRUCK NORTH TOWNIIOUSE 4TH ADDITION: � � P1r. Marvin 6runsell, Finance Director, briefly stated rec�ardinn this that assessments were being taken on a given piece of property and dividinn it upon that same property using the same formula as the ori�inal assessment roll. MOTION by Councilman Starwalt to adopt Resolution No. 111-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all votin� aye, f1ayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: NA^1E POSITION SALARY EFFECTIUE DATE P,EPLACES Raymond M. Leek Plannina Aide $971 October 1?_, Ho�+�ard �1attson 3942 Russel Avenue No. per 1976 �1pls. , �1n. 55412 P1onth MOTION by Councilman Starwali: to anprove the annointment of Raymond Leek. Seconded by Councilman Harnernik. Upon a voice �;ote, all voting aye, f1a,yor Mee declared the motion carried unai��in��ously. LICENSES: P10TION by Councilii�an Starwalt to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Councilwoman Kuko��ski, U�on a voice vote, all voting a,ye, Mayor Pdee declared the motion carried unanimously. ESTIPIATES: N.D.4. Asphalt Co., Inc. � 5400 tJ.bl. Industry Avenue Anoka, P1innesota 55303 FINAL Estimate No. 4 for Street Improveinent Project ST. 1976-1 and $24,952.59 i4unicipal State Aid Street Ir.�provement Project S7. 1976-2 ' Weaver, Talle & Herrick 316 East Main Street Anoka, Plinnesota 55303 For Services Rendered as City Attorney for Sentember, 1976 I� . _ - __ _ - ---- ----- -- - - - — - - -- -- -. � $ 1,�53.25 I �• � - i I � , � i I i e_. . r , 1/� REGULAR COUNCIL MEETING OF OCTOQER 25, 1976 P61GE 4 Smith, Juster, Feikenia, Chartered 1250 Builders Exchanc�e Building Minneapolis, Minnesota 55n02 For Services Rendered as Prosecutor foi° September, 1976 $ 2,122•75 MOTION by Councilman Hamernik to approve the estimates as subrnitted. Seconded by Councilwoman Kuko�aski. Upon a voice vote, all votinq aye, f1ayor P�ee declared the motion carried unaniniously. ADJOURNMENT: P10TION b,y Councilni�i� Hamernik to adjourn the meetina. Secended b�� Councilwoman Kuko���ski. Upon a voice vote, all votin� aye, �ayor fJee decla��ed the motion carried unar�iinously and the Re�ular ��1eeting of the Fridley City Council of Octob�r 25, 19?E adjourned at 8:15 p.m. Respectfully submitted, Dorothy C. Green Secretary to the City Council Approved: William J. PJee Mayor MEMO T0: DEPARTMENT HEADS Following are the "ACTIONS NEEDED". Please have your answers back in the City Manager's office by Wednesday Noon, November 3, 1976. Thank you. FRIDLEY CITY COUNCIL - REGUtAK MEETIiVG - OCTOBER 25, 1976 - 7:30 P,M, , _ CITY MANAGER , ' � ' � �:.. :. I� ENGINEERING ^ �FINANCE � � 7:42 P.M. PLEDGE OF ALLEGIANCE; ROLL CALL: Ali Present APPROVAL OF MINUTES: PUBLIC HEARING, $EPTEMBER 2�, 1976 Approved 0 � REGULAR MEETING, SEPTEMBER 27, 1976 Corrected on Page 5, Receiving Petition No. 15-1976. Change motion to read ..."for street light", rather than "for traffic sign". ACTION NEEDED: Correct Minutes REGULAR �`'�EETIPJG� �CTOBER �i� 1`�%b Approved ADOPTI0�1 OF aGEi�DA: Adopted as presented OPEN FORUf�, VISITORS: (CONSIDERATION OF ITEMS NOT ON AGENDA — IS h�INUTES) Ed Wilmes: A Reward sign was approved for the Isiands of Peace to stop vandalism. Also City will pay h1r. Minder money due on interest payment, ACTION NEEDED: Install sign as authorized ACTION NEEOED: Make arrangements to pay the $180 to Mr. Minder and work with the Foundation to try to get reimbursement. i � '' I�EGULAR ��EET I i'JG, OCTOBER 25, 1976 PAGE 2 OLD BUSINESS; I CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR . � STREET AND ALLEY VACATION SAV �%6—OS BY ASSURANCE MANUFACTURING COMPANY, %%53 BEECH STREET, VACATION OF �' UTILITY AND DRAINAGE EASEMENT�. � � � . � � � � � � � � � � � �. — 1 A Ordinance No. 623 CITY MANAGER ACTION NEEDED: Pub1ish ordinance �- -' , �ONSIDERATION OF SECOND READING OF AN ORDIMANCE ADOPTING THE BUDGET FOR THE Fisca� YEaa 1977� .������ 2— 2 i� Ordinance No. 624 _' CITY MANAGER ACTION NEEDEQ: Publish ordinance � CONSIDERATION OF SECOND READING OF AN ORDINANCE ' AMENDING THE CITY CHARTER OF THE CITY OF FRIDLEY� ��.�� 3— 3.F Ordinance No. 625 I'CITY MANAGER ACTION NEEDED: Publish ordinance ' ' ' ' FINANCE REGULAR MEETING, OCTOBER 25, 197b PAGE 3 iVEW BUS I fVESS CONSIDERATION OF UFW POST #363 REQUEST To USE BINGO FUNDS FOR THEIR BUILDING PROGRAM INSTEAD OF FOR COMMUNITY PROJECTS � . � � � � � � � � � . � � � � � � . � � � � � . _ � 4 Tabled to meeting of November l, 1976 ACTION NEEDED: Research possible and legal uses of bingo money and put item back on next agenda f�E'.:EIVING THE I`�INUTES OF THE �IVIL $ERVICE �OMMISSION �'�EET I NG OF �CTOBER 6, � 1�76 , � � � � � � � � � � � � � � � � 5 — 5 a Minutes received CITY MANAG�R ACTION NEEDED: File for future reference , _ FINANCE ' ' ' ' CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON OUTLOT H, INNSBRUCK ��IORT4 ADDITION, AND APPORTIONING INTO INNSBRUCK NORTH TOWNHOUSE 4TH ADDITION� � � � � � � � � . � Resolution No. 111-1976 ACTION NEEDED: Proceed as authorized 6-6A , ' „ REGULAR MEETING, OCTOBER 25, 1976 •� PAGE 4 � NEW BUSINESS (CONTINUED) 1 - APPOI NTMENT — CITY Et�1PL0YEE � � � � � � � � � � � � � � . � � % . Ray Leek appointment as Planning Aide approved FINANCE ACTION P�EEDED: Inform accounting of new employee , - ' �ICENSES� . � � . � , � � � � � � . � � � � � � . � � � � . �S — $ D ' Approved as submitted FINANCE ACTION NEEDED: Issue licenses ^ � ' � _ ESTIMATES � � � � � � � � � � � � � . � . . � � � � � . . . . � 9 G Approved as submitted �' FINANCE ACTION NEEDED: Pay estimates , ' ' , ADJOURN: 8�15 P.M. 1 �1 , 1 � , LEY C , FRID ITY COUNCIL MEETING � P��ASE SIGN NAME ADDRESS ANQ ITEM NUMBER INTERESTED IN DATE: .� 'NAME_ _ _____T__'________ ___^__ADDRESS�__ ^_ __ ___ITEM_NUMBER a= =ae=zc a�= =x= oao- c�==o=no =a=3a�=aa;aa=e= _�_' � ' � 0 ' _ ❑ 0 • � � . 144 , 1 THE MINUTES OF THE PUBLIC fIEARING t1EETIP:G OF Tf1E FRIDLEY CITY COU�JCIL OF SEPTEMBER 20, 1976 The Public Hearing F1eeting of the Fridley City Council of September 20, 1976, was called to order at 7:34 p.m. by Mayor Nee. _ PLEDGE OF ALLEGIANCE: Playor Nee led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEP�BERS PRESEP�T: Councilman Fitzpatrick, Councilman Starwalt, Councilwoman Kukowski (Councilwoman Kukowski arriv�d at 9:30 p.m.), Councilman Hamernik, and �layor P�ee. MEMBERS ABSENT: None ADOPTION Of AGEPIDA: P10TION by Councilman Hamernik to adopt the agenda as submiti:ed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P9ayor Plee declared the motion carried unanir�ously. PUBLIC HEARINGS: PUBLIC HEARIPlG OPJ FINAL ASSESSPIEPIT P,OLL FOR STREET IP1PROVEf1C"1T PROJECT ST. 1976-1: PtOTIOPa by Councilman Starwalt to waive the reading of the Public Hearincr notice and � � open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P1ayor PJee declared the motion carried unanimously and the Public Hearing onened at 7:40 p.m. tir. Dick Sobiech, Public Works Director, led the discussion statina several qeneral corrments regarding the street improvement project which has been basically completed. Nowever, a perforr.�ance bond is maintained for one year and at the end of this time period, a review of the project area is made with the contractor to ensure that everything is properly constructed and the snecifications have been met. He further stated that if anyone had any specific comrnents recTardir� the ir�nrovement, please feel free to contact the Engineering Departinent. Another comr�ent P1r. Sobiech made was that for the streets: 53%Z Avenue, 56th Avenue, 57th Place, 60th Avenue, 5th Street, and 6th Street, the final front footage assessment was $14.08 with the side yard footage of $4.20. This was belo�v the preliminary estimate at the Praliminary Assessment Hearing of $17.14. Ptayor Nee then commented to the audience that the assessment roll is prepared under a standard formula for distribution of the project and that it is the assessment distribution that the Administration proposes; and therefore, the �urpose of this evening's hearing was to discusr; it with anyone who has an interest and to consider any questions or objections. He then asked if there was anyone present concerned with the following properities: 53%Z Avenue - 7th Street to P1adison Street; 56th Avenue - 4th Street to 6th Street; 5th Street to Highway 694 to 57th Avenue. There was no response to any of these locations. Playor Nee then asked about the fith Street to HigM,rav .594 to 57th Avenue property and Mr. Richard Leslie, 5671 6th Street Pl.E., responded. P1r. Leslie asked the City Council what the interest was going to be and if it would be prorated. ►1r. �lervin Herrmann, Rssessor, stated 7%Z� interest, and the interest is always charc,ed on the remaining balance. He pointed out to P1r, Leslie that on the first year it would give him a full year to pay, or if he wanted to pay without any interest a� all, he would have to pay within 30 days. P1r. Leslie then raised the question about the driveway, and Piayor Nee responded that it was figured in the cost. ,�fter some discussion, Mayor Nee asked the Council if anyone had any questions for Mr. Leslie, and there was no response. � i � i 1.45 i � PUBLIC HEARING MEETING Of SEPTEMBER 20, 1976 Page 2 Mr. Otto G. Tauer, 359 57th Place then spoke regarding his concern for the property � located at 359 57th Place, Lots 9, 10, and 11 which measures 120' frontal area. He stated that some problems have arisen on this job because a�nroxir�ately one-half of the 120' was done in 1971 and he purchased the building under a contract at the end of October, 1973, and now the City was assessin� him for the entire 120' and he felt this was unfair since he did not own the property when the first 60' were put in. He further stated that his agent called P1r. Hamernik and tir. Herrmann � and he discovered that the first 60' were put in in 1971 and this was partially paid for by a state aid project and reiterated that he should not have to pay for these 60'. Mr. Tauer also stated that when he bouqht the property, he had the real estate office go to the Fridley City Hall and they said there were no assessments on the property other than $420 which is not concerned with the EQ'. He stated that he would like the 60' waived. Councilman Hamernik then stated that he did meet with Mr. Tauer and he had expressed his concern regarding this, and Councilman Hamernik agreed that there was a hardship here. hlayor PJee asked P1r. Tom 6edde, City Attorney's. office, if he would check into this and advise P1r. Hamernik of his findings. P1ayor Nee further commented that there was reason to believe that the City made a minor error in 1971. Councilman Hamernik will review this and bring it back to the City Council in one week. Mayor Nee then continued the discussion and asked if there were any questions regarding 60th Avenue between 5th and 7th Streets and a visitor raised a question regarding what faotage was being assessed. Mayor Nee responded two-thirds of the side lot footage. Mayor Nee then asked for any comments renardinn 5th Street between 60th and 61st Avenues. P1rs. Dolores Keith, 60n1 Fifth Street res�onded to this. She stated that the driveway slope was very stee� and anticipated nothinq but �roblems in the wintertime and feels it should be renlaced. Mrs. Keith stated that after several months, the City informed her that it could not be replaced. Mr. Sobiech stated that another survey of her driveway could be made. F1rs. Keith then asked the Cit,y Council if s;he could leave a copy of a letter she had with the Council re�ardinn this, and they accepted same. Mayor Nee assured P1rs. Keith that the matter u�ould be checked out in the forthcominn week. �Aayor Nee then proceeded to the next property for discussion -- 6th Street between 60th and 61st Avenues, and there was no response. He did ask P1r. Iferrmann, however, if the side yard spread is on 7th. P9r. Herrmann responded that it was. R1a,yor Nee then asked if anyone had any cor�r�ents regardinn 7th Street and the side yard spread and there was no res�onse. , P1r. Dick Sobiech then stated that the remainin� portion in the 1976-1 Street Improve- ment Project ��as a new develonment on 71%Z Vlay Pl.E. from P,iverviev� Terrace to the east. The front footage r«te for this imorovement was $21.E1. He further indicated that � the Preliminary Assessment Hearing resulted in a direction fror� the City Council to • prepare this assessment roll in a different manner than the norr�al �olicy; and based on that policy, certain finures were determined and �iven to the oeonle affected by the improvement. Mayor idPe then asked if there was an,yone nresent who wished to discuss this matter. P1r. Ed Plovak, 135 79%2 Way PJ.E., raised the question about his ( assessment figure of �11,965.45, and he �•�ould like to see this reduced to 510,�?h. � He further pointed out that at the last Council meetinn, the assessment fi�ure was $11,195 and now it was higher. Councilman Fitznatrick stated that fror� the information he received from P1r. Sobiech on Friday, Sentember 17th, "1r. f!ovak's assessment would ! be �10,924. Mr. Sobiech responded that the $10,9?n fiaure vias correct. P4r. Leif Henriksen, developer, stated that he develoned Alden Circle and wanted to know 1ow much his assessment was c�oinc� to be. At the last City Council meetinc�, his assessment was supnosed to be �n1,969.10. On �1ay llth, �1r. Henriksen spoke to Mr. Tom Colbert, Assistant City Ennineer; and Ptr. Colbert told him that if he could go into a different curbing in his area, his assessment would c�o down q520. P1avor Plee asked Nr. Henriksen if the City had not made an anree!�ent vlith him: and, �1r. Qureshi, Gity Manager, asked Mr. Henriksen if he had the a�reer�ent with hir�. �1r. Henriksen then gave the a�reement to Mr. Qureshi. ►1r. �ureshi nroceeded to ask �ir. Sobiech to qive him the information on the final cost of the �roject. fqr. Sobiech �ave the fioure of $40,741.28. Mayor Nee then asked if there were any other �uestions reaarding this, and there was no response. � i , . . . �. _ ._.. . — - - _ .._._ _ _ �. . ____. _ _ _ . v _ _ .� _ _ `_ . _ , , _ 146 PUBLIC HEARING P1EETING OF SEPTEP1B[R 20, 1976 Page 3 MOTION by Councilman Fitzpatrick to close the public hearin�. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, �tayor P�ee declared the motion carried unanimously and the Public Hearin� closed at 8:17 p.m. PUBLIC HEARIt�G ON FI�lAL ASSESSP?EPlT ROLL FOR SAPlITARY SEI�lER, l�!.4TER, APlD STORM SEWER 1�1PROVEPIENT PROJECT P10. 119: NOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Har�ernik. Upon a voice vote, all voting aye, �1ayor ��ee declared the motion carried unanimously and the Public Hearing opened at 8:18 p.m. Mr. Sobiech, Public ldorks Director, led the discussion regardinn the sanitary sewer, water and storm sewer imorovement project in Lots 30 to 35, and the flenriksen Addition; and as indicated from the previous hearinR, the costs based on previous agreements with the property owners in the area, the final assessment roll is below what vras originally indicated. �1ayor Nee thFn asked if anvone had any questions regarding this. ttr, Richard Smallwood, 7180 East River Road, resoonded with a question as to how much he and his next door neiahbor would have to pav. �ir. flerrmann, Assessor, quoted a total figure of $1,300. P1r. Smallwood then asked when sor�eone would be coming out from the City to repair his lawn since it was damaaed when the City put in an easement to finish off the curb around the cul de sac. ►1a,yor tlee assured b1r. Smallwood thai it would be taken care of. P1r. Dan Harvieux, 7210 East River P,oad, asked for a definition of water services and sev�er services. P1r. Sobiech then aave him the definitions. !1r. Harvieux further stated that he ±oo had his property dama�ed similarly to �1r. Smallwood. Also, there is a tree approximately 60 feet tall between P1r. Smallwood's and his house which was nicked by the same shovel that went across their la�ms, and no��r the tree is dyin�. t1ayor Plee then asked f1r. Harvieux if he wanted the tree taken out, and he said he did. Mr. Harvieux and P1r. Smallwood stated that they contacted the City's Naturalist, who confirmed the tree was dyinn. P�ayor PJee sunaested that they give it a year to make certain tha± it is dyinq. He then asked what the City's position is on this, and P1r. (?ureshi, City f1anager, stated that the situation would be reviewed. h1r. Harvieux proceeded to ask what the assessment figures were on the property at 7210 East River Road, and P1r. Herrmann responded $2,607.27 includinq sewer and water. t9r. Don �Jeilson, 115 - 71Zlrlay tJ.E., spoke about his concern for �etting mail service and whether or not there was qoing to be snow removal. He further added that he and the neighbors have to c�o on nrivate property to oick up their r�ail. �1r. Sobiech responded that the mail service could be notified a�ith indication to them that this was now a public city right-of-way and will be maintained and plowed; and they should supply mail service there. Playor flee then su�gested that the,y would try to get in touch with the Post Office and resolve the mail service problem. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all votincl aye, F1ayor Plee declared the motion carried unanimously and the Public flearina closed at 8:26 p.r�. PUBLIC HEARIfJG OPJ FINAL ASSESSPIEPlT ROLL FOR 1976 SERVICE COPIPlECTIO�IS: �10TION by Councilman Fitzpatrick to waive the readino of the Public Hearinq notice and open the Public Hearin�. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Piayor PJee declared the motion carried unanimously and the Public Hearing opened at 8:27 p.m. Mr. Leif Henriksen, 6434 Riverview Terrace, stated that he and his next door neighbor put in the sewer, the water and the street, and they aaid for it. He further stated that they gave the City all the information i.e., checkstubs, etc.; and the City informed them that it would be taken off and they alould not have to attend this evening's meeting. There was a misunderstandina, as the City thouc�ht they had not paid for the services and that they would be assessed. P10T10P! by Councilman Fitzpatrick to close the Public Hearinn. Seconded by Council►�an ' Starwalt. Upon a voice vote, all votin� aye, �1ayor Mee declared the motion carried ', unanimously and the Public Hearing closed at 8:3h p.m. . , � 1 'I� �� � i PUBLIC HEARING P1EETING OF SEPTEi16ER 20, 1976 Page 4 � PUBLIC HEARING ON PRELIMIP�ARY PLAT SUBDIVISION P.S. �'76-06 BY REAL ESTATE 10; HILLWIND ADDITIOP�, GEP�ERALLY LOCATED AT 941 HILLWIMD ROAD N.E.: MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanir�ously and the Public Hearing opened,at 8:35 p.m. ' Mr. Dick Sabiech, Public !�!orks Director, discussed the matter stating that this is a plat to better describe a porticn of what was previously Lot 4, Auditor's Sub- division No. 25. The petitioner wouid like to develop this parcel of property that is currently zoned R-3 multiple dwelling, and he intends to construct a single family dwelling on the property. F1r. Sobiech also stated that the Plannina Corrnnission at a Public Hearing of July 28, 1976, did recommend to the City Council approval of the plat with the stipulation that an easement be obtained. P1r. Don Bratt, builder, stated that the easement for the sewer has been obtained. P1r. Sobiech then mentioned that the petitioner would also like to get his buildin� permit approved. I I MOTIOP� by Councilman Fitzpatrick to close the Public Hearinn. Seconded by Councilr�an Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:38 p.m. MOTION by Councilman Star�valt to approve the final plat of Hillwind Addition. Seconded by Councilman fiamernik. Lpon a voice vote, all voting aye, P1ayor Plee declared the motion carried unanimously. PUBLIC HEARING OM VACATIOP; REQUEST STREET AND ALLEY VACATIO�J SAV #76-0�1 BY KAREP� MESROBIAN: UNIMPROVED ALLEY QET6JEEPi LIBERTY STREET APlD ELY STREET: MOTION by Councilman Hamerniic to w:.ive the reading of the Public Hearinq notice and open the Public Hearing. Seconded by Councilman Starwalt. Uoon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing o�ened at fi:39 p.m. Mr. Dick Sobiech stated that this was a request for vacation of an unimproved alley and that there �vas a lenethy discussion at the Planninq Commission meeting of July 14, 1976. After receiving several petitions and comments from the residents in the area, the Planning Commission made a motion to Council for denial of the request for vacation, but there was a three to three vote on that motion; therefore, the Planning Commission passed the item without recommendation. Mayor Nee stated that several letters have been received on the matter. MOTIQN by Councilman Fitzpatrick to receive the letters. Seconded by Councilman Starwalt. Upon a voice vote, all voting a,ye, f�layor Plee declared the motion carried unanimously. Mayor Pdee then asked the audience who was present to discuss the matter and F1r. Charles M. Sprafka, 280 Ely Street Pl.E., stated that he was in favor of closing off the alley for several reasons, i.e., safety, appearance of the alley, and if the alley was vacated, they wo�ld improve it. Mayor �lee then asked h1r. Tom Gedde, City Attorney's office, if he a:ould check into the legal ri.ahts of the alley. h1r. Darrell C. tdystrom, 248 Ely Street fJ.E. then proceeded to show the City Council a photograph of his home and stated that his was the only t�ouse on a hill on the block with no access to his back yard. He would like to have the alley left open. Ms. Judith A. Zukovrski, 249 Liberty Street N.E.. then spoke statinq that she and others would like the alley left open, and based this on the fact that all the owners were aware when L-hey bought thei� homes that th�e alley was unimproved. Mr. Azad Mesrobian, 298 Ely Street N.E., further commented on the matter stating that he realized the fact when he purchased his home the alley was there. However, he now feels that the current problems he and others are havin�, were not anticipated at that time. He also strongly felt that the alley was an unnecessary hazard their children were being subjected to. Mr. ��arvin Hietala, 239 Liberty Street N.E., stated that he was opposed to the alley being vacated. Since the area was desi�ned approximate.ly thirty years ago and it had the alley in the plans at that time, he questioned why permits were issued in the first place if there was no roor� to aet into the bac.k yards. � - - - --� - ---- - . _. _.._. _ _ __._ __ .____ __ --- - -_ _ — . _ , � � � �J I�8 PUBLIC HEARINC,�1EETItJ6 OF SEPTEMBER 20, 1976 Page 5 P1r. Donald Noff, 215 Liberty Street N.E., stated that he would like to have the altey left open as it was the only access to the back yard. �trs. Janet Hoff, 215 Liberty Street N.E., then commented that she was in favor of the ailey bein� left open. She further stated that when she utilizes her back yard, there is a minimal amount of traffic; and also the fact that the a11ey, if left open, would be accessible for boats and campers. P1r. Gene Bronski, 225 Liberty Street PI.E., briefly stated that he would like to have the alley left open. Councilman Fitzpatrick stated that he has a mao preaared, althou�h not with him, with those for and against the issue; and it aopears that the �eople who oppose the issue certainly feel much stronger at least in nur�ber, than those in favor. P1r. Ken Brustad, 272 Ely Street P1.E., commented that he believed the alley should be closed, as it is nothing but a nui:sance. F1r. H. Walters, 262 Ely Street P1.E., stated that he has access in the front and back and has used the alley for over thirty years and stron�ly believes the alley should be left open. Mr. Tom Gedde, City Attorney's office, then stated that he just had a brief discussion with h1r. Qureshi; and since it was apparent that some of the people need the alley to have access to their garage and if this were the case, then perhans the City would be ' liable. He said he would submit a more detailed report on the matter. Mayor Nee then asked if the Engineering Department would provide a more detailed report as well. t1s. Sharon M. tlystrom, 248 Ely Street Pd.E., then commented that she would like the alley � left open as she has a garden in her back yard and with the alley beinn left open, it is more accessible to do an�� +•rork back there. She also believed that there were no kids who had driven minibikes in the alley. Ptrs. Karen t1esrobian, 298 Ely Street N.E., responded that the minibikers come from ' other neighborhoods and go throu�h the alley unaware of the chilren and sor�etimes, as fast as 40 m.p.h. �1ayor Nee then asked if there were any other corr�ents, and hearin9 no response, stated � that the City Council will not act on the matter in question this evening as it is a public hearing. However, the matter will be on the anenda for next Plonday evening, September 27, ]976. � P10TIOPJ by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman StarN�alt. Upon a voice vote, all voting aye, P1ayor flee declared the r�otion carried unanimously and the Public Hearinn closed at 9:45 p.m. PUBLIC NEARIPIG OP! 1977 BUDGET APlD Otl EXPEPlDITUP,ES 70 BE P1ADE FP,OM REVEPIUE SHARING fUPlDS: MOTIOPJ by Councilman Fitzpatrick to �•�aive the reading of the Public Hearinq notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declare� the motion carried unanimously, and the Public Hearing opened at 9:46 p.m. PUBLIC HEARIPJG ON BUDGET: � � Mr. Qureshi, City htanac�er, stated to the City Council that he would �ive a brief review of the budget as submitted. The r,ronosed budqet �rovides for an estimated mill rate of 1�.66 which is a minor reduction fror� the 1n.76 actual r�ill rate for 1976. He � further mentioned that this was an estimated fimir•e because they do not get the final ( evaluation fror� the County before the end of the year because of the fiscal disparity � law. It is an estimated fioure and generally in the oast, the City has been able to come fairly close to it. Also, the miil levy wili raise anoroximately 5i% of the � budget, �9% will be financed by inter-governmental aids, City's charc�es for services, ; fines, licenses, and other r�iscellaneous items that we have. He further stated that � j he wished to point out to the City Council on the revenue side the numerous recreation ( fee, licenses and permit fees, and the charcles have been increased. These charges are � reflected on the revenue side for 1977. !1r. Qureshi referred to the budcret stating � � � � PUBLIC HEARING MEETING OF SEPTE�46ER 20, 1976 Page 6 ��� it showed a figure of over $200,000 for revenue sharing, and it was in the hope that the revenue sharing will be extended in 1977. fle further pointed out that if the proposed budget is accepted by the City Council, they were levying approximately 14.07 mills for general operations; .26 mills for retiring Civic Center bonds which are still running, and .33 mills for the Capitai Improvement Furd, making a total of 14.66. Therefore, the general fund operations mi11 rate would be a little over 14 mills. In a review of tne budgei this year, $8,000 is being provided for human services, $5,000 in the Park and Recreation budget and $3,000 provided in the Community Development budget. Also, there is a provision for $5,000 for next year for community celebration funds. Mayor Nee then asked Mr. Qureshi if the new budget was basically the same as in the past and he responded it was with slight modifications. Mayor Nee briefly stated that as a matter of information, the administration has been moved in the direction of program base budgeting in which they attempt to identify the real cost of the various services that the City provides. He further added that he believed this to be a very well ana1yzed budget. He asked for a;�y comments on the subject, and there was no response. Mayor Nee mentioned that the documentation of the budget was available at the podium. REVENUE SHARIhG FUNDS: Mayor Nee then asked tu move on to the use of the revenue sharing funds which are over $200,000. P1r. Qureshi proceeded to discuss the matter stating that we anticipate the half year payment in 1977 if the program was not extended by Congress, this would force the City to draw on the reserve money we carry for the City's operations. Also, it would potentially strain our contingency fund area. He further stated that a review has been given outlining revenue sharing covering programs which would give approximately $3,100 to the Finance Department, $41,780 to the Police Department, $4,138 to the Fire Department, $9,.;oU to Community Development, $i1,900 to i:he Civic Center, $1,19� to Engineering, 548,150 to Public Works Maintenance, $52,437 to Parks, and $27,835 to the Naturalist Department. t Mayor Nee then asked if there were any questions from ±he City Council or anyone else ' on the matter, and there was no response. MOTIQN by Gouncilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10:14 o.m. OLD BUSINESS: CONSIDERATIOtv OF VARIAPICES REQUESiED BY M& I SUPPLY COMPANY, INC., 6005 UNIVERSITY AVENUE N.E. TABLFD 9/13!76 : Mr. ►dayne Bensori, the contractor with Shepherd Construction, stated that the Appeals Commission granted the requests for variances with stipulations, and they have been agreed to. Mr. Torn 6edde, City Attorney's office, stated that he and Councilman Hamernik, prior to the meeting, discussed the criteria for granting variances generally and also whether or not stipulaticns could be attached to the variance. He further commented that the first consideration for the Council is to determine whether or not there are circumstances unique to the particular property, such that the strict enforcement of the ordinance would create an undue hardship to the property owners. In addition, the granting of the variance should not be unduly detrimental to the public welfare or injure other property. Mayor Nee then asked Mr. Gedde i*, in his opinion, there v,�as an area that could be considered a valid hardship. It was Mr. Gedde's feelirgs that the fact that there could be an economic hardship to a particular property owner, if he or she is unable to expand, is not necessarily a unique circumstance. Mr. Benson then commented that the hardship would be the possibility of M& I not being able to buy an a large volume basis, and the stora�e is needed for that purpose, and the inconvience and hardship would fall upon the people who use the services of M& I. Also the hardship of the employees who live in Fridley who would have to drive elsewhere to be able to still work at "1 & I should M& I be compelled to move to larger quarters. 150 PUBLIC NEARING MEETING OF SEPTEPI6ER 20, 1976 . Page 7 Mr. Barker, who lives behind P1 & I Supply, Co., Lots 14 and 15, was present and stated that he would not like to see the building expanded. Nr. Benson then asked Mr. Barker how long he intended to live at his residence and he responded approximately .for one more year. Councilman Hamernik stated that althouah the City appreciates F1r. Goldstein's business for the past sixteen years, however, the property owners situation should also be considered. (This item was discussed further after the recess.) � RECESS: Mayor Nee called a recess at 10:20 p.m. RECONVEPlED: Mzyor Nee reconvened the meeting at 10:45 p:m. (M & I Supply Companv, Inc. Variance Request Continued) - ---� ; � i � Councilman Hamernik then stated that after much consideration he feels that the landscaping improvements to the area are going to be of some benefit aesthetically and the property will not be devalued. In addition, one of the unique or at least unusual circumstances of the property owned by P1 & I is that althou�h it is zoned cor�mercial, the size of the lot is minimal when compared to most commercial lots in Fridley. Therefore, to require M& I to abide by normal set back requirements on a minimum size lot would cause an undue hardship and reduce the value of the property as a commercial property. Further, the stipulations imposed on the granting of the variance will prevent significant adverse effect on the value of adjoining properties and that more harm would be done to the subject property by refusing to grant the variance than will be done to the neighboring properties ' b..�, granting the variance. MOTION by Councilman Hamernik to grant the variance as per the recommendations of the Appeals Ccmmission with stipulations as stated, with the addition of stipulation flo, 3 requiring a mansard on the west and south sides of the building, stioulation tdo. 4 that there be a six foot high fence and the plantinas as noted on the submitted plan of September 13th, 1976 by,P1 & I; and No. 5 that the outside develo�ment and landscapine be completed by July 1, of 1977. Seconded by Councilaioman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanir�ously. Mayor Nee then asked to take Item No. 1� on the agenda next. IDERATION OF SECOND READING OF AN ORCItJANCE PERTAINING TO REGULATIOP�S PROHIBITIf�G AIN CONDUCT IPJ PREMISES LICFNSFD T� SFI � TrarnxrcnrrNr, i rnnnR nNn Nl1N_TNTlIYT('ATTNG LICENSES - CAfdTEBURY PUB (TABLED 9/13/76): Mayor Nee then stated that the first item is the consideration of second reading. However, he further stated that it would be in order to make a motion to receive a letter from the Reverend P1cChesney. MOTION by Councilwoman Kukowski to receive the letter from Reverend McChesney, dated September 20, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee then continued with the consideration of the second readin9 of an ordinance and asked if there was a^yone who wanted ta comment on it. Mr. Robert Shimanski then commented that he believed for the Burnsville Ordinance to be imposed would be very strict, since Fridley has had no ordinance and to adopt this would be going from one extreme to another. Mayor Nee asked Mr. Shimanski if he had something specific he wanted to mention concerning this and Mr. Shimanski responded that he would like to be able to have dancers at the Canterbury Pub two nights per week. �layor PJee then asked the Council if the ordinance had been circulated, and Councilman Fitzpatrick stated that he believed anyone who had a liquor license would be interested in it. Mayor Nee corrmented that he was not sure if this was a good ordinance for Fridley or not. Councilman Fitzpatrick stated that he felt it was a very serious matter when there is ` --- — __—J 1 �I PUBLIC HEARING MEETING OF SEPTEPI6ER 20, 1976 � Page 8 an ordinance to consider and it is constantly seen with a particular application. P1ayor Nee stated that there was really no problem in nranting the license application on this matter and continue to work on the ordinance. Councilwoman Kukowski questioned if � perhaps, the ordinance could be discussed further ir, one of the Council's discussion groups. � M07ION by Councilman Starwalt to continue consideration of the ordinance until the next j public hearing, October 18, 1976. Seconded by Councilman Fitzpatrick. Upon a voice � vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to approve the license applicatior�s for the Canterb�ry Pub. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin� aye, Playor Nee declared the motion carried unanimously. h�E41 BUSINESS: IDERATIOPd OF STATEPIEPJT OF CAflVASS OF SEPTE�IBER 14, 1976 PRIP1ARY ELECTION: MOTIOPJ by Councilman Fitzpatrick to adopt the Statement of Canvass. Seconded by Councilman Hamernik. Upon a voice vote, ali voting aye, P�ayor Plee declared the motion carried unanimously. Mayor Nee asked the City Council to please sign the canvass after the meeting this evening. COPlSIDERATION OF A REQUEST TO PUT UP AN IPlDUSTRIAL DISPLAY TEP1T IN WEST PARKING LOT, BY ONAN CORPORATION: — MOTIO(V by Councilman Starwalt to appreve the request for a dis�lay tent. Seconded by Councilwoman Kukowski. Upon a voice ��ote, all votinn aye, Piay�r Plee de lared the motior carried unanimously. RESOLUTION N0. 96-1976 - CONFIRPII�lG ASSESS�1EPJT FOR 1976 4!ATEP, APiD SEWER P1AINS, LATFRALS, ANG SERVICE C0�lN—EC?IOPIS: � — MOTION by Councilman Fi±zpatrick to adopt Resolution fJo. 96-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all votinn a,ye, P1ayor Nee deciared the motion carried unanimously. RESOLUTION N0. 97-1976 - CONFIRMIMG �SSESSP1ENT FOR SAPlITARY SEIdER, WATER, AND STORM SEWER IMPROVEh1ENT PROJECT P10. 119: MOTIOPJ by Councilman Fitzpatrick to adopt Resolution P�o. 97-1976. Seconded by Council- woman Kukovrski. Upon a voice vote, all voting aye, P1ayor Plee declared the motion carried unanimously. COP�SIDERATION OF A RESOLUTION COIIFIRPIIPJG ASSESS�IENT FOR ST. 1976-1 STREET I�1PROVEP1EDlT oon.irrT. — MO7ION by Councilman fiamernik to table consideration of the resolution until the next Council meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DERATION OF ADVISAQILITY OF C.HlINGES IN 41ARD Af1D PRECINCT BOUIJDARIES: Mr. Marvin Brunsell, Finance Director, stated that he did not want to return this to i the State of Minnesota without some action from the City Council one way or the other, meaning leaving the prec�nct boundaries the way they are now or with some ; changes. He also stated that it must be done quickl;✓. If we did re-district now, he could not see how it could be done on the basis of population as there is no way a census could be taken in thirty days, since this is all the time allowed to work on it. ; � MOTION by Courcilman Starwalt to leave thr ward and precinct boundaries as they are. Seconded by Ceuncilman Hamernik. Upon a voice vote, all votinc� aye, P1ayor Nee declared the motion carried unanimously. i VISITOR, MRS. SHIRLEY ERWIN, PROBLEPI OF TRESPASSERS: i Mayor Nee asked if Mrs. Erwin wanted to address the City Council at this time. �� , 152 PUBLIC HEARIP�G P1EETING OF SEPTEMBER 20, 1976 Page 9 Mrs. Shirley A. Erwin, 2518 Dupont Plorth, P1inneapolis, then sooke to the Council regarding a specific problem regardin� a ne�•� co�plex called the Rice Creek Townhouses. They are located at 69th Avenue and County Road H, on the borderline of Anoka County (Fridley) and Ramsey County (�dew Brighton). F1rs. Erwin's in-laws have owned the property on the New arighton side since 1929. They have five acres that take up part of the Rice Creek area. Rice Creek on the Fridiey side is presently zoned for a park and the part on the other side of the boudary is private property owned by P1rs. Erwin's in-laws. Her father-in-law and brother-in-law have problems with the renters in the apartment complex (Rice Creek_Townhouses) and were assaulted. She further� mentioned that the tenants do not seem to understand that they are trespassin9, as her in-laws side of the boundary is private property. Councilman Starwalt asked 11rs. Erwin if she has �resented any letters or legal documents to the City and she resnonded that she has not. Ptr. Qureshi, City �ianager, stated that it appears to him that perhans the people do not know where the boundary line ends and the private property starts. "1rs. Erwin further stated that before she pursues legal representation, as was sugqested by Councilman Starwalt, she is going to send certified letters to the owners, managers, and caretakers of the complex and see if she could resolve the problem that way. INSURAPICE SPECIFICATIOPJS: P1r. P1arvin Brunsell, finance Director, asked the Council if anyone had any comments on the insurance specifications and bidding prices. Piayor flee proceeded to ask P1r. Brunsell if he needed to employ the consultant now and he responded that he did not. However, the bids would be coming in around the 20th of October. Councilman Fitzpatrick asked P1r. Brunsell how often did this occur and he responded, every three years. Councilman Starwalt questioned whether Council could wait on this and see what the bids look like and then decide. P1r. 8runsell stated that he thought the bids could be received and perhaps not award them for a week or two. He further comroented that his office can analyze the bids and give their recommendation, P1r. Qureshi summarized the discussion by statin:� that they are going to nroceed, and if there is a need for the consultant, they will come back. CHARTER A�1EP1DP9EMTS: P1r. Qureshi then commented on the Charter amendments statinn to the Council that there ; was a first readinn on the amendments and he believed there was a desire on the part of the Charter Commission to get some feedback from the Council. He then asked f1r. Brunsell if there was a need for �ublication and can it be done. P1r. Brunseli responded it would have to be next week, however, he believed it was really too late to get anything on this ballot. Mayor Nee stated that he met with P1r. Ray Sheridan and Mr. Cliff Ash in an effort to avoid putting all the sections on the ballo�. He also suggested to them that he �•:ould not object to adopting the ordinance. He did not , know if the Charter Commission was goinq to adont it. Mr. Qureshi stated that the Charter Commission has adopted it, and that information will be available next Ptonday. He added that he just wanted to bring the matter to the Council's attention. ADJOUR�I�IEP�T: P10TIOP� by Councilwoman Kukowski to adjourn the meetina. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P1ayor flee declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of September 20, i976 adjourned at 12:15 p.m. Respectfully submitted, Dorothy C. Green Secretary to the City Council Approved: Wi 11 i am J. Plee Playor � � � � i �5� THE MINUTES OF THE REGULAR MEETIPIG OF THE FRIDLEY CITY COUP�CIL OF SEPTEMBER 27, 1976 The Regular Meeting of the Fridley City Council of September 27, 1976 was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIAP�CE: Mayor Nee led the Council and the audience in saying the Pledge of Allegiance to the Flag. • ROL! CALL: MEMBERS PRESEPJT: P1ayor Nee, Councilman HamerniK, Councilwoman Kukowski, Councilman Starwalt and Councilman Fitzpatrick. MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR COUNCIL MEETIPlG OF SEPTEPI6ER 13, 1976: Counci]man Hamernik stated that h� would like to amer.d the minutes, pa�e two, first paragraph with the correction of P1r. Jack Velin as Director of the Springbrook Nature Foundation and not Mr. Doyle Plullin. Councilman Fitzpatrick stated that he would also like to amend the minutes, pa�e one, second paragraph under OPEfV FORtii1 headin9, last sentence in P10TIOP! should be "funds are not being disbursed." P•10TION by Councilwoman Kukowski to approve the minutes as corrected. Seconded by Counciiman Hamernik. Upon a voice vote, all voting aye, Piayor �1ee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Hamernik to adopt the agenda with the additions of a petition from residents on Hillcrest Drive for a street light and a petition for a traffic sign. Seconded by Councilntan Starwalt. Upon a voice vote, all votina aye, Playor Nee declared the motion carried unanimously. PUQLIC HEARING: PUBLIC HEARING ON ASSESSPIEPJT FOR THE TREAT11EtIT AND REP10VAl OF TREES (1976): MOTION by Councilman Hamernik to waive the readinc� of the Public Hearinc� notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Uqon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanir�ously and the Pubiic Hearing ooened at �:43 p.m. � Mr. Marvin Brunsell, Assistant City Planager/Finance Director, stated that the assessment roll is for the removal and treatment of trees. Some of the work k�as done in the latter part of 1975 and the balance in 1976. There is a$25.00 administrative charqe added to the �mount that the contractor billed the City. Mr. Brunsell further stated that if the assessment roll were adopted, it would be spread over a five year period with interest at the rate of seven and one-half (7'z%) percent per year. Mayor Nee then asked P1r. Charles Strike, CETA Forester, to explain how the tree removal operation works. Mr. Strike then proceeded to explain that the City ordinance specifies that the time alloted for tree remova] after notice has been niven is ten days. However, if for some reason of hardship, some other reasonable explanation, or if the individual(s) cannot get their tree down within ten days, an extension can be qiven. In essence, it is from ten to twenty days for tree removal. Mayor P�ee further asked Mr. Strike how the City gets involved and what is the cost. Mr. Strike responded that the person(s) that have the tree marked and wish to cut it down and pile the brush and logs by the curb, the City will haul the brush and logs away and the City will pay the cost for this. If � � � i , i � ! i i , i � � , 154 REGULAR COUNCIL P1EETIPJG OF SEPTEF16ER 27, 1976 Page 2 ' the person(s) do not wish to remove the tree, the City then pays fifty (50%) percent of the total cost and the homeowner pays fifty (50/) percent of removal and disposal. i Therefore, the contractor quotes a certain amount per inch and brush removal is included � in that amount. For example, if a tree costs $200 to come down, the homeowner would only have to pay $100 and the total cost of $200 includes brush removal and cutting the tree � down. Councilman Starwalt stated that he understood that last year there was a split in the cost but that this year if the tree was on.City property the City handled it, but � if it were on the private owner's property, it was his responsibility and questioned �whether there are now two types of circumstances in the assessment roll. Pir. Strike ; responded that this was so, explaining that boulevard trees are removed by the City i and the City does all the work involved. If the tree is not on the boulevard and , obviously on a homeowners property, either the homeoamer has the City do the work and they are billed for fifty (50%) oercent of the total cost or they do the a�ork, pile ' the brush and logs by the street, and the City pays the cost for hauling the brush and log5. � , Mayor Nee asked if there was anyone present who wanted to discuss the subject matter. Mr. Bill Tonco, 5925 Hackmann Avenue N.E., Lot 3, Block 2, stated that last year in October, he was contacted by a forester (whose name he could not remember) regarding the removal of a tree; and this was acceptable to him since it was on the boulevard and not on his property. He further stated that he is now beinn assessed for it and feels he should not have to pay for the removal of it. Mr. Dan Huff, PJaturalist/Resource Coordinator, stated that his office would be happy to recheck the property, if Mr. Tonco would give him his telephone number, he would be th?re the follo�ving day to survey it. Ftr. Huff did ask P1r. Tonco if the tree straddled the line, and he responded that it does to some extent. Mayor Nee stated that there was a chance that Council would not adopt the proposed assessment roll this evening, although they could. They wc.•ld probably want to wait and consider the matter further. P1r. Tonco stated that this,was agreeable �'with him. Mr. Stev?n Wiebur, 6005 5th Street P1.E., i:hen stated that he would like to ' comment on his objection to the assessment, in that he and his family moved into their home a year ago this October and after two weeks received notice reqarding an assessment for tree removal. Fle further stated that he believed the former owners of the house . were aware of this and failed to mention it to him. P1r. Dan Huff stated that he was sure that his office �rade arrangements to take the trees down with the previous ovmers, and that when it came up to take the trees down, probably he was selling the house to Mr. Wiebur, and perhaps the previous owners did not want to tell P1r. 4liebur of this fact. Mayor Nee�then stated that he would like to get more background data and for Mr. 4fiebur to contact Councilman Hamernik regarding this. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Playor Flee declared the motion r.arried unanimously and the Public Hearing closed at 8:09 p.m. OLD BUSINESS: RESOLUTION N0. 98-1976 - COPIFIRP1IP�G ASSESSP1EPlT FOR ST. 1976-1 STREET IPM1PROVEMENT PROJECT ABLED 9/20/76 : MOTIOP! by Councilman Hamernik to adopt Resolution Plo. 98-1976 with the change that for lots 9 through 11, Slock 3, City View Addition, the assessment be reduced by the amount of $816.64 to compensate for the work that was done in 1971. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor PJee declared the motion carried unanimously. OROINANCE NQ 622 '- AMENDING CHAPTER 11, SECTIOPJ 11.10 OF FRIDLEY CITY CODE RELATING T FEES: MOTIOW by Councilman Hamernik to v�aive the readinn of the Ordinance �•!o. 622 and adopt it on the second reading, and publish. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the r.iotion carried unanimously. 0 '� � ! � j 155 REGULAR COUNCIL MEETIP�G OF SEPTEMBER 27, 1976 NEW BUSINESS: Page 3 CONSIDERATION OF VACATION REQUEST, STREET AND ALLEY VACATION SAV #76-04, BY KAREN MESROBIAN; UNIMPROVED ALLEY BtTWEEN LIBERTY ST. AND ELY STREET: Mr. Tom Co]bert, Assistant Engineer, stated that this was a request to vacate an alley '' bounded by Liberty Street, Ely Street, Ruth Street, and Ashton Avenue. At the Planning ' Comnission's meetinq of July 14, 1976 a motion to deny the vacation request failed to � pass by a tie vote; and therefore, YJdS brought to the Council's attention with no reconunendation from the Planninn Commission. �1r. Tom Geddy, City Attorney's office, stated that in his opinion if it is just a question of an access to a vacant back yard, it would probably be very marginal as to whether or• not one could collect damages from the City. However, if the alley is being used to get to the garages and the garages cannot be reached from the street in front of the houses, the City could be liable for damages to the particular property owners involved. Councilman Fitzpatrick then commented that in reading over the minutes befcre the Planninq Commission and the hearina that was had before the Council and the letters that were received, he was convinced ` that a number of people use the access in question and it was in existence as such when they arranged their habits as far as access to their property. � � , ! I MOTION by Councilman Fitzpatrick to deny the petition to vacate the alley. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. RECEIVIPdG THE f1IP�UTES OF THE PLAN�JING CO�iP1ISSI0P! P1EETING OF SEPTEh1BER 8, 1976: GORDON ASPEPlSOPI, ZONIfd6 ORDIPIANCE APIENDP"EP�T ZOA ;',`7F-On; 65�)0 2�lD ST. M.E.: MOT?ON by Cour,cilman Hamernik to set the public hearina for fJoveniber 8, 1976. : .. Seconded by Councilwoman Kukowski. U�on a voice vote, all votina aye, �tayor Plee ` declared the r�otion carried unanie;ousl,y. Councilman Hamernik asked t1r. Asnenson if he had any questions, and he did not. Councilman Hamernik also asked if he was aware of the oublic hearina set for Plovember 8, and he was aware of such hearin�. KENNETH BELKHOLM, SPECIAL USE PER!1IT SP #76-13, 5870 6TH STREET: Mr. Tom Colbert, Assistant Ennineer, stated that this vias a request for a special use permit for a second accessory buildina loczted at 5870 6th Street. This request was before the Plannin� Commission en Sentember 3, 1�76 and it was approved by them. Mr. Belkholm was in attendance however, he did not have any questions regarding this. F�10TION by Councilman Hamerr.ik to concur with the recomr�endatian of the Plannin� Commission and nrant the special use permit. Seconded by Councilwoman Kukowslci. Upon a voice vete, all votinn aye, �tayor faee declared the motion �arried unanimously. FINE ARTS COMf•1ITTEE REOUEST FOR $1,0�0: Ms. Jan Konzak, Administrative Assistant, stated that as the bud�et presentiv stands, there is $3,000 provided in Community Development for community service needs, and $5,000 provided in Parks and Recreation for recreational/cultural needs; neither figure has been delineated. She further stated that the recommendation for $1,000 Fine Arts fundin� came fror� the Human Resources Comnission and was aoproved by the Planning Commission. The Human Resources Commission discussed �ricrities for cor.rnunity needs by using the �10,000 fiaure to break into percentaaes. They also did discuss the $1,000 for fine Arts and, the Planninn Cor�mission recor�r�ended that. Councilman Starwalt stated that the recommendation did not cor�e fror� the Purks and Recreation C�mmission, and he believe that they should be involved in discussion on this request. Councilman Fitzpatrick stated that he vlas in favor�of the $1,000 beinc+ provided from vlherever the Administration recommends. P1ayor PJee dsked if there was a need to identify it as a line iter� and '.1s. Konzak responded that she beTieved there was since it is just $5,00� that has been set aside within that budget with no certain area earmarked. MOTION by Councilman Starwalt that a line item be established in the Parks and Recreation budget for Fine Arts in the amount of `1,0��. Seconded by Councilr�an Hamernik. Upon a voice vote, all votinn ave, F1a��or Nee declared the r�otion carried unanimously. • � i i I � . i i � � � ; 1,56 REGULAR COUClCIL MEETItlG OF SEPTEP16ER 27, 1976 Page 4 DFL REQUEST FOR USE OF C0�1NOP1S PARK ON OCTOBER 23, 1976: Mr. tlarvin Brunsell said that he had received a call and this request had b2en withdrawn. MOTION by Councilwoman Y.ukowski to concur with the request for withdrawal. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimousty. P107IOP! by Councilwoman Kukowski to receive the r�inutes of the Planring Commission meeting of September 8, 1976. Seconded by Councilman Star��ialt. Uoon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. RECEIVIPl6 THE P1IPlUTES OF THE POLICE CIVIL SERVICE C0�1P1ISSION FtEETING OF SEPTEt16ER 15, 1976: t10TI0P� by Councilwoman Kukowski to receive the ;��inutes of th` Police Commission. Seconded by Councilman Hamernik. Upon a voice vote, all votinn aye, flayor Nee declared the motion carried unanimously. RECEIVING THE P1IPlUTES OF TFiE CHARTER COP1t1ISSI0t! PIEETIPJG OF SEPTE!iBER 20, 1976 REGARDING F �10TIOF� by Councilman Fitzpatrick to receive the minutes of ttie Charter Comriission meeting of September 20, 1976. Seconded by Councilwor�an Kukowski. U�on a voice vote, all�voting aye, tlayor P�ee declared the motion carried unanimously. �10TION by Councilman Hamernik to set a public hearin� for October 18, 1976. Seconded by Councilwoman Kukowski. Uoon a voice vote, all voting aye, �layor Nee d�clared the ' t^�tion carried unan�mously. COP�SIDERATIOP! OF A RESOLUTIOPJ COPJFIRMING ASSESSP1EPIT fOR THE TP.EA?DIEPIT APlD REh10VAL OF TREES 1976 : MOTION by Councilwoman Kukowski to table consideration of the resolution until the next re�ular meeting of October 4, 1976. Secorded by Councilr�an Hamernik. Upon a voice vote, all voting aye, f1ayor P�ee declared the motion carried unanimously. RESOLUTI0�1 �JO. 99-1976 - AUTHORIZItJG APID DIRECTIflG THE SPLITTI'IC OF SPECIAL ASSESSMEMTS 0�� PART OF LOT 4, BLOCK 2, PARCfL 50, EAST RAflCH ESTATES 2P1D ADDITIOPI: MOTION by Councilman Starwalt to adoDt Resolution "Jo. 99-1976. Seconded by Councilman Hamernik. Upon a voice vote, all votin� aye, Playor Nee declared the motion carried unanimously. RESOLUTIOP� tJO. 100-1976 - AUTHORI7.IPlC AtdD DIRECTING THE CO�iBINIPJG OF SPECIAL ASSESSMENTS � p10TI0N by Councilman Fitzpatrick to adopt Resolution No. 100-1976. Seconded by i Councilwoman Kukowski. Upon a voice vote, all votina aye, �1ayor P�ee declared the rotion ; carried unanimously. � CLAIMS: MOTION by Councilman Hamernik to pay the Claim PJo's. 16837 - 17076. Seconded by I Councilwoman Kukowski. Upon a voice vote, all voting aye, �ta.yor Plee declared the motion carried unanir�ously. ' LICE��SES: � MOTION by Councilwoman Kukou�ski to approve the licenses as submitted and as on file i in the License Clerk's Office. Seconded by Councilr�an Starwalt. Upon a voice vote, Iall voting aye, P1ayor fJee declared the motion carried unanimously. i Councilman Hamernik asked if a license has been issued a�ith reaard to A F� B Chuck 4lagon, and Mr. BrunselT responded that he was not certain whether one had been issued. , � � 0 � � .� I I � � , i , REGULAR COUNCIL MEETING OF SEPTEFI6ER 27, 1976 Paae 5 157 COP1MUP� I CAT I ONS : MINNESOTA HISTORICAL SOCIETY: FINAL DETERP1ItJATION OF PARK DEVELOP�1ENT PLAPJ STATUS: MOTION by Councilman Fitzpatrick to receive the communication dated September 13, 1976. Seconded by Counciiwoman Kukowski. Unon a voice vote, ali votina aye, Mayor Plee declared the motion carried unanimously. RECEIVING PETITIOf� N0. 15-1976 - RESIDE�ITS OF HILLCREST DRIVE REQUESTING A STREET LIGHT AT THE TOF OF S7REET: MOTION by Councilman Hamernik to receive Petition No. 15-1976 for traffic sign. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 16-1976 - FOR STOP SIGNS BETWEEN HIGHWAY 65 AND MONROE STREET ON 68TN AVENUE N.E.: - MOIION by Councilwoman Kukowski to receive and process Petition No. 16-1976 from f�illcrest Orive residents for a stop sign, Seconded b,y Councilman Starwalt. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meetin�. Seconded by Councilman Hamernik. Upon a voice vote, all votin� aye, P1ayor Nee declared the motion carried unanimously and the Regular P1eeting of the Fridley City Council of September 27, 1976 adjourned at 8:4] p.m. Respectfully submitted, Dorothy Green 4Ji 11 i am J. Plee Council Secretary Playor Approved: � � I� . � i � � r � ' � � I5S THE MINUTES OF THE REGULAR PIEETIP�G OF THE FRIDLEY CITY COUPICIL OF OCTOBER 4, 1976 The Regular tleeting of the Fridley City Council of October n, 1976 v�as called to order at 7:39 p.r.i. by Playor Plee. PLEDGE OF ALLEGIAPJCE P1ayor Nee led the Council and �the audience in saying the Pledne of Allegiance to the Flag. ROL� CALL: P1EP16ERS PRESEF�T: Councilr�an Fitzpatrick, Councilman Starwalt, Councilwoman Kukowski, Councilman Hamernik, and P1ayor Clee. MEMBERS AaSEP�T: PJone ADOPTIOPJ OF AGEPiDA: P10TION by Councilman Starwalt to adopt the anenda with the addition of an item: "consideration of abatement at 650 Ely Street PI.E.". Seconded by Councilwoman Kukowski. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORU�•1, VISITORS: No one from the audience wished to address the Council. PUBLIC HEARIf�G: , PUBLIC HEARING ON FINAL ASSESSP1EPJ1' ROLL FOR STORPI SEWER IMPROVEPIENT PROJECT P10. 120: i '�IOTIOPd by Councilman Fitzpatrick to waive the readin� of the Public Hearin�: notice ,, and open the Public Hearin�. Seconded b,y Council�•�oman Kuko4�ski. Unon a•roice vote, a;l voting aye, P1ayor !�lee declared the motion carried unanimously and the Public Hearing opened at 7:41 p.m. Mr. Dick Sobiech, Public 4Jorks Director, then led the discussion stating that this was a final assessment roll for Storm Sewer Improvement Project P�o. 120 which consisted of storm sewer pipe installation and some grading on some tax forfeit properties generally located at 52nd Avenue and Pierce and Fillmore Streets. This im�rovement was initiated at the request of Anoka Countx in order to improve these tax forfeit properties in anticipation that upon improvement they would be placed for nublic sale and for future development. blith this in mind, the City staff worked with Anoka County to perform the grading and installation of storm sewer pipe. P�r. Sobiech also nointed out that the assessment per lot resulted in an approximate finure of $771.19. Mayor Pdee asked if there were any questions and there was no response. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by.Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the mot'on carraed unanimou:�ly and the Public Hearing closed at 7:44 p.m. OLD BUSINESS: RESOLUTIOPJ N0. 101-1976 - CONFIRP1IPlC, ASSESSMEfVT FOR TFfE TREAT�1EPdT A�ID REMOVAL OF TREES 1976 TABLED SEPTEf16ER 27, 1976 : Mayor Nee stated that there was a public hearing on the matter and asked if anyone had any questions regarding the subject. I t4r. 4Jilliam Tonco, 5925 Hackmann Avenue, stated that regarding his prooerty, the tree � that was planted is a boulevard tree and not his res�onsibility. h1r. Plasim (lureshi, � City F1anager, stated that the City did not ori�inally plant th� tree; however from . the the information he had, the tree was planted 18 inches inside the nroperty and � before the tree ��:as removed, the majority of the tree was on P1r. Tonco's pronerty. � Mr. Qureshi asked Dr. Dan Fluff, Naturalist Department, if the proper procedure was followed in the removal of the tree and Dr. Huff responded that it was. Dr. Huff stated that the tree was planted by the developer and that this was simply a mistake � _ � , i ----- � 15g REGULAR COUNCIL MEETIMG OF OCTOBER 4, 1976 PAGE 2 in planning since it was planted on private property. P1ayor Nee stated that he believed the City had a certain responsibility in the matter and asked Mr. Tonco how he would feel about a fifty-fifty payment split and he comment,ed that it would be better than nothing. MOTION by Councilman Starwalt to approve the assessment cost of the particular tree in question being split one half by Mr. Tonco and one half by the City. Seconded by � Councilman Fitzpatrick. Upon a voice vote, all votinn aye, �1ayor Nee declared the � motion carPied unanimously. � Mayor Nee asked if there were any further discussions regarding the matter and � Mr. Steven Wieber, 6005 5th Street M.E., spoke statincl that he ai:tended the public � hearing the week before and voiced his opinion in opposition of his being assessed. Councilman Hamernik then proceeded to comment that after some discussion with Mr. Wieber, it was his position that the City followed the nonnal procedures in carryin� . out an assessm?nt such as this, and the fact was that notification was sent to the former ' owners. Councilman Namernik stated that he indicated to P1r. Wieber that he hoped ,� Mr. Wieber would handle this as an assessment anainst his propert,y. Mayor Nee then asked Mr. Virgil Herrick, City Attorney, his opinion regarding this and h1r. Herrick stated that if valid notice was 9iven to the property owners who own the property at the time, that would be binding on anyone who buys the oroperty. He further pointed out that it is the oblination of the person that is sellinn the property to notify the person Hlho is buying it, and that P1r. 4!ieber m«y have a claim against the former owner, but he didn't think P1r. 4lieber had a claim against the City. ! P1ayor Nee commented that the tree was red marked; however, �1r. 4lieber stated that he did not notice the trees when he bought the house. Mr. Herrick asked �1r. k'ieber if he knew where the former owner� were livir,a and he commented that the realtor informed him somewhere in Ohio. However, there was a sister livin� in towr.. Dr. Huff asked Mr. Wieber in+hy he did not cor�tact the City and inquire H�ho was �oinn to pay for the removal at the time the tree was removed. hlavor Nee then gave Mr. 4Jieber a copy of the research that was done. P1r. Brunsell, �inance Director, uraed the Council to adopt the resolution at this time and said the Council could always take action between now and November•15th, or scrnetime thereafter, reaarding the assessment; as this was the last meeting and his office was required to certify the.charnes to the County by October 10, i976. Councilman Hamernik stated that he would be in favor of this. P1ayor Nee stated that if further interaction by P1r. Wieber was to be done, perhaps an amendment could be made in the next few weeks and to advise Councilman Hamernik of any details. MOTION by Councilman Starwalt to adopt Resolution No. 101-1976. Seconded by Counciiman Fitzpatrick. Upon a voice vote, all votinc� aye, P"ayor Nee declared the motion carried unanimously. NEW BUSIPIESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTIPlG THE BUD6ET FOR THE FISCAL YEAR 1977: - MOTION by Councilman Hamernik to waive the readinq and adopt the ordinance on the firsi ; reading. Seconded by Councilwoman Kukowski. Upon a voice vote, ali voting aye, Ftayor � Nee declared the motion carried unanimously. ' RESOLUTION N0. 102-1976 - DFTERMINING THE P�ECESSITY OF AND PROVIDIPIG FOR A TAX LEVY . IPJ EXCESS OF NORPIAL CITY CNARTER 7AX LIPIITS: MOTION by Councilwoman Kukowski to adopt Resolution No. 102-1976. Seconded by Councilman �, Starwalt. Upon a voice vote, all votinn aye, P1ayor Plee declared the motion carried unanimously. RESOLUTION fIO. 103-1976 - CERTIFYIPlC, TAX LEVY REQUIREPIEPJTS FOR 1977 70 THE COUNTY OF ANOKA FOR COLLECTIOPJ: MOTION by Counciln�an Starvaalt to adopt P.esolution Plo. 103-1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. i I , _ — � _ _ _ � 1� rJ Iso REGULAR COUNCIL MEETING OF OCTOBER 4, 1976 PAGE 3 DISCUSSION REGARDING POSSIBLE PIEETIPlG OF CITY COUNCIL 41ITH DISTRICT PlO. 14 SCHOOL BOARD T DISCUSS ITEP1S OF COOPERATIOPI AND COP1P10N INTEREST: I� Mr. Qureshi, City Manager, stated that there were a number of areas whereby they are cooperating with the school board and school administration and perhaps a meetinct of the City Council and school board to explore the areas of further cooperation and future policy direction would be helpful. Councilwoman Kukowski then su�aested a meetin� I� � date sometime in November. Councilman Fitzpatrick stated the meetin� dates of November � 4th and 18th would be acceptable. MOTION by Councilman Fitzpatrick directin� the City P1ana�er to forward the letter to Chairman Sangster of the School Board. Seconded by Councilwoman Kukowski. Upon a r•oice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVIN6 THE MIP�UTES OF THE PLAPIPlIPIG COPIP1ISSION MEETIPlG OF SEPTEMBER 22, 1976: E. R. SWANSON; ZOA �E76-03, 73RD AVENUE & CEPlTRAL: MOTION by Councilman Starwalt to set the matter for Public Hearing on Plovember 8, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CEPJTRAL TOWNHOUSE ADDITION; P.S. #76-08, E. SbJANSOP� AND — T041NHOUSE DEVELOPMENT PLAPlS, T. #76-03: h10TI0N by Councilman Starwalt to set the matter for Public Hearing on November 8, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E. PIADSEN; L.S. #,76-00, 246 RICE CREEK BLUD.: P1r. Sobiech, Public 4lorks Director, stated that this was a request by P1r. Madsen to split existing parcels of property at 250 Rice Creek Boulevard. Ile further pointed out that the reason for the request for the 1ot split is to better describe the property line' in its relation to some existing dwellings. The Planning Commission recommended approval of the lot split request with the stipulation that an agreement be provided by the property owner. P1r. Sobiech then asked if there was a representative present, anc( P1r. Pladsen stated that he had nothing further to add -- only that it is a mutually agreeable s9tuation between Mrs. P1urphy and himself. MOTION by Councilman Hamernik to approve the lot split. Seconded by Councilman � Fitzpatrick. Upon a voice vote, all voting aye, �layor Plee declared the motion carr•ied unanimously. F. J. VOTH; L.S. #76-07, 5801, 5805-5809 ARTHUR STR[ETS: Mr. Sobiech, Public Works Director, stated that this was a request for a lot split to portion off a large parcel of property in three building sites,and the Planning Comnission did recorrrcnend approval. � MOTION by Councilman Starwalt to approve the lot split, allow the building permit on � lot two and after he works with the property owner and prospective buyer to resolve: j• (1) the garage encroachment, (2) the 20 foot street easement, and (3) the ownership of , the shed on park property, then allow the permit on lot one. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinc� aye, P1ayor Nee declared the motion � carried unanimously. ( CONSIDERATION OF APPEALS COMP1ISSION MINUTES OF SEPTEPIBER 15, 1976: M. PIAYER; 7431-7433 ABLE STREET: I ' �10TION by Councilman Hamernik to concur with the recommendation of the Appeals I� Commission and grant the variance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Playor Plee declared the motion carried unanimously. � MOTION by Councilman Starwalt to receive the minutes of the Planning Corru�ission meeting of September 22, 1976. Seconded by Councila�oman Kukowski. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � • � j , :�_ _ ____. � _ _ � __� _ _� _ _� _ ___.. - _____ _ _ , a ! � 16� � � REGULAR COIf{VCII. MEETING OF 4CTUBER 4, 1976 . PAGE 4 ', CONSIDERATION OF ACQUIRING TAX FORfEIT PROPERTY ADJOIPlIPIG NORTN IPJNSBRUCK PARK AND TRANSfERRING PARK PROPERTY ALOPJG RICE CREEK EAST OF CENTRAL TO APIOKA COUPITY: Mr. Qureshi, City Manager, stated that on the proposal for the property that is east of Central along Rice Creek, basically the amount the Gity is asking the County to pay for is what the City's cost for the property is, which works out to be $9,062.79. Also, on the acquisition of tax forfeit properties next to Innsbruck Plorth Park, the proposal is to acquire all the property except only acquire 12 feet access easement on Lot 1, Block 1, Carl Peterson Addition. Councilman Starwalt indicated maybe we should acquire that lot also and then later make a determination to sell portions of Lot 1, Block l, Carl Peterson Addition, also Lot 42, Auditors Subdivision �92, and also acquire all these lots outright so that any of these properties can be sold, especially these two lots. Mr. Qureshi indicated that orce the property is acquired, there miqht be some resistance from the people to sell these properties because they would think the City was disposing of some park property, even though the City is buyirg these properties with the intention of selling it, and this route m;ght be financially better for the City to follow. MOTION by Councilman Starwalt to approve the Memorandum of Understandinc� with the addition of Lot 1, Block 1, Carl Peterson Addition, and the amendment of ihe assessment figure to �9,318.82. Seconded by Councilman Hamernik. U?on a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AN AGREEMENT BET4IEEN THE 41INNESOTA DEPARTMEPlT OF NATURAL RESOURCES AND 7HE CITY FOR THE INSTALLATION OF AN ARTIFICIAL AERATIO�! SYSTEPI APlD A FISHINC, PIER AT M(1(1RF I AKF• MOTION by Couticilman Starwalt to approve the agreement. Seconded by Co�ncilman '�.Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Plee declared the motion carried unanimously. i CONSIDERATION OF A REQUEST FOR FUNDS TO SIIPPORT THE �lORTH SUBURBAPd FAPIILY SERVICE CEPITER: i ' MOTION by Councilwoman Kukotvski to table the matter until the next meeting. Seconded • by Councilman Starwalt. Upon a v��ce vote, all voting aye, t1ayor Nee declared the motion carried unanimously. ; CONSIDFRATION OF REQUEST BY COUNCILP1EPIQERS KUKOWSKI AND NAPIERNIK TO ATTEND THE NATIONAL LEAGUE OF CITIES 1976 COf�GRESS IN DENVER, COLORADO, PlOVEP16ER 28 - �ECEMBER l, 1976: t�lOTION by Councilman Fitzpatrick to approve the attendance of both councilmembers at the conference. Seconded by Courcilman Starwa1t. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirnously. RESOLUTION N0. 104-1976 - SET7InG AN ELECTIOP� FOR COUNCILr1EP1BER - WARD II: MOTION by Councilman Fi*�patrick to adopt Resolution No. 104-1976. Seconded by Councilwoman Kukowski. JF'on a voice vote, all votinq aye, Mayor Nee declared the motion carried unaninously. ', RESOLUTION N0. 105-1976 - DESIGPJATIPlG POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 2, 1976 GENERAL ELECTIOf�: MOTION by Counci7man Starwa]t to adopt Resolution No. 105-�976. Seconded by Councilwoman ' Kukowski. Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. MOTIOPd by Councilman Starv,�alt to amend the pay for election judges to $3 for head judges and $2.50 for regular judges. Seconded by Cauncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca�°rie� unanimously: RESOLUTION N0. 106-1976 - APPROVING P1HD FINAL CONSTRUCTION PLAPlS FOR TRAFFIC PJOISE ATTENUATORS; I.694 FR0�1 P1AIN STRtET TO 7TH STREET: MOTION by Councilman Fitzpatrick to adopt Resolution No. 106-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all votinc� aye, Playor Pdee declared the motian carried unanimously. � � i � , I � , , 162 REGULAR COUNCIL MEETING OF OCTOBER 4, 1975 PAGE 5 RESOLUTIOP� N0. 1(17-1976 - CONFIRMING ASSESS�1EP�T FOR STORht SEWER IPIPROVEPIENT PROJECT N0. 120: — MOTION by Councilman Star4aalt to adopt Resolution flo. 107-1�76. Seconded by Council- woman Kukowski. Upon a voice vote, all votin� aye, f?ayor Plee declared the motion carried unanimously. RESOLUTIOPJ NC. 10E-1976 - CERTIFYIflG CHARGES TO TNE COUP�iY /1UDITOR TO RE LEVIED AGAINST CEP,TAIN PROPERTIES FOR COLLECTIOPI tl1TH THE T1�XES PAYABLE I;i 1977 t•IEEUS : MOTION bv Councilman Hamern�k to adont Reso�ution PJo. 108-19;f. Seconded b,y Councilman Starwalt. Upon a voice vote, all votin� a,ye, t1avor fdee declared the motion carried unanimo�sly. Councilman Starwalt stated t"at he ���ould like �o recommend that a r�inimum administrative charcte be considered before next vear. f:ESOLUTIQN PJO. 109-1976 - CERTIFYI(�!G CERTAIPI DELIPlOUE�IT I�IATEP APlD SEt•!ER Cf;ARC,ES TO THE COUP�TY NJDITOR FOR COLLECTIOP! !•!ITH THE 1977 T/?X�S: �10TIOPJ by Councilwoman Kukov�ski to adont Resolution Plo. 109-1976. Seconded by Councilman Starwalt. Unon a voice vote, all votinn aye, t1ayor �lee declared the motion carried unanimously. � CLAIPIS: • P10TIOtd by Councilwoman �ukowski to �ay the Claims �lo's. 17077 - 17188. Seconded by Councilman Nainernik. U;�on a voice vote, all votin� aye, �1ayor Plee declared the motion carried unanimously. LICE�dSES; MM IOhI by Councilman St.ar��alt to apr;rove the licenses as submitted and on file in the License Clerk's Office. Seconded by Councilman Hamernik.. Jpon a voice vote, all votin� aye, hiayor fJee declared the moticn carried unanimously. CONSIDERATION OF ABATE?"EfIT AT 650 ELY S7REET PI.E.: P1r. Qureshi, City f1ananer�, stated that a co^�nlaint had beer filed a�ainst this property for clean-up ard there was a conviction, but the r,onviction had been an�eaied by the �roperty owner and the ap�eal will be heard in P�ovember. P10TIOf! by Councilman Fitznatrick to seek a declara±or,y iudnment to find 6�C' Ely Street P�.E. a public nuisance and authoriz2 abatement. Seconded b�� Counc�lmaii Hai�ernik. Upon a voice vote, all voting aye, P1avor Plee declared i:he motion carried unanimously. AUJOURf�P1ENT: P10TIOtJ by Councilnan Hamernik to adjoui°n the meetina. Seconded bv Councilman Fitzratrick Upon a voice vote, all votinn ave, Plavor flee declared the motion carried unanir.iously and the Renular Pleeting of the Fridley City Council of October 4, 1976 adjourned at 9:3n p.m. Respectfully submitted, Dorothy C. Green 4lilliam J. P;ee Council Secretary t1ayor Approved: � � t ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO UACAiE STREETS AND ALLEYS AND TO Ar�IEND APPENOIX C OF THE CITY CODE The Council o�F the City of Fridley do ordain as follows: SECTION 1. For the vacation of a drainage and utility easement described as follows: A 16 foot drainage and utility easement bounded on the North by the Westerly extension of the North line of Lot 5, Block 7, Onaway Addition, and bounded on the Soutfi 6y the Westerly extension of the South line of Lot 7, Block 7, Onaway Addition, A1] ]ying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota Be and is hereby vacated. ,. SECTION 2. The said �lacation has been made in conformance with � Minnesota Statutes and pursuant'to Section 12.07.of the City Gharter and Appendix C ofi the City Code shall be so amended. � PASSED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1976. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - Marvin C. Brunsell � Public Hearing: October 18, 1976 First Reading: October , 9 6 ' Second Reading: Publish........ ' ' � � . I � . . �' {• ��� � , 'y } � , �, �, P � " f � i �' � ' . � f i . 1�A .' "'Y...._.._JJO �. . . , _ �ANCE MFG. 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ORDIP�ANCE N0. �N ORDINANCE ADOPTING 7HE BUDGET FOR THE FISCAL YEAR 1977 THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY ORDAINS: SECi'ION 1: That the annual budget of �he Ci ty af Fri dley for the fiscal year beginning January 1, 1977 which has been submitted by the City Manager and modified and approved by the City Counci] is nereby adopted; the total of the said budget and the n�ajor divisions thereof being as follows: ESTIMATE OF REVENUE General Property Tax Licenses Contractors Business Other Pe rmi ts Grants and Shared Taxes Charges for Servi ces Fines and Forfeitures Interest Earnings Ren t Other Misc. Revenue Insurance Refund (Poli ce and Fi re Pensi ons ) Trans fe rs Seal Coating State Aid Surplus Revenue Sharing Fund Liquo r Fund Othe r Gen�ral Fund Surplus TOTAL: GENERAL FUNQ State Ai d Funds Taxes Taxes TOTAL OTHER FUNDS TOTAL ALL FUNDS �I � GENERAL FUNU $1 ,935,072 9 , 809 53,245 7,400 66 , 380 794,776 75,240 63 ,000 59,50U 10 ,000 16,000 57,000 36,UOU 40 , 000 200 , 505 85,OOU 3, 75f1 68,665 3,581,342 APPROPRIATIONS General Government Legi s 1 ati ve $ 107,398 City Management 187,473 Fin�nce (Election, Account- ing, Assessor) 225,307 Civic Center � 103,857 Pub I i c Safety Po 1 i ce 956, 420 Fire 248,527 Civil Defense 18,327 Public Works Commun i ty De ve 1 aprr�n t 21 i, 298 tnginPering and PubJic Works Maintenance 720,767 Recreati on Naturalist 73,663 Parks and Recreati on 628,345 Res e rve UTH�R FUNDS STRTE AID FUND $ 282,494 State �'1i d Constructi on CIVIC CENTER BOND FUl�D 35,868 Debt Servi ce 100,000 3,581,342 $ 282 ,494 35,868 CAPI7AL RROJECT FUND 45,U00 Capital ImprovEment Revolving 45,�0� $ 363,362 $ 363,362 $3,944,704 , $3,944,704 2 ORDINANCE N0. SECTION 2: That the City Manager be directed tc cause the appropriate a�counting entries to be made in the books of the City. PASSED APJD ADQPTED �Y THE CITY COl1f�CIL OF THE CITY OF FRIDLEY THIS DAY OF , 1976. MAYOR - WXLLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL ,� Publi c Hear�ing: September 20, 1975 First Reading: October 4, 1976 Second Reading: Publish: z� ' � , ' LJ ORDIIi�.'dCE t1 . - - AN ORDINI�,'lCE Fi�ENDING T��� CITY CHARTER OF THE CIT'( OF FRIDLEY THE COUI�CIL OF TNE CITY OF FRIGLEY DOES ORD1=,:N AS F01_LOIdS: That the following Sections of the Fridley City Charter are amended as follows: Section 5.02, EXPE�JDITURES BY FETITIO�lEPS. 'io rmmber of any initiative, referendum, or recall committee, no circulator af a siem�±ure paper, and no signer of any such paper, or any other person, shall accept oi° �ffier any r����ard, pecuriary or otherwise, for such service rendered in connec*_ion ��ri�:h the circ�!lation thereof, but this shall not prevent the co�nni t�ee `rom paying far 1e3a1 advi ce and fro� �incurring an expense not to exceed �200.00 for stationer;/, cc�yin�, printing, and r,otaries' fees. A sa�orn statemei�t substantiatirg such ex.aenses shall `�e turneci ove� to the city clerl% witnin 5 days folloti�ring the filing of a�eti�ion. Any viola�:io�� of the provisions of thi s s��:ti on is a misde �c;eanor, r,ny vi o', ation of thi s secti on s"al l be reported by the city clerk to the proper authorities for prosecution. �.�nder �tate statuES applying thereto. �� Secti on 5.03, FLRTHER REGULATIO'�S. A l a�.rful peti tion under thi s Charter may be � certified, signed and circulated upon an oi°Cinancz to be initi�i.ed, an ordinance to be made the subject of a referendum and a proceeding �or recall upon the grounds authorized by 1 a�r and required by t"e Ccnstiiution of tfie Sta�� of '•1inn2sota,and reasons 'sta�ed i n the certi fi cate , are to be stated an d noted i n �he peti ti on i tsel f. A peti ti on for any other purpose may be made in accor-d��ce ���ith �rocedures established by this Charter• or ur�der provisions of law as may be elsewher�e provided. ' , , � ' , ' ' ' � � � petiti�n.urder this Charter shall �e filed in the o�fice or ti�je city clerk as orre instrurr�nt, ti�mich instrum�nt shall cont�in any instru:nent required, a copy of any ordin�nce propose �, ccvered or affec�ed, ar,: othe� doc:�,c��t (4ppropri ate te the p°t;tion) and all the signature papers and affidavits attached in support of the sarrn. A petition may be si gned by any elector. A pe�iti cn ca � be ci rculaied ai�d veri fied only by an elector ��,ho has signed the same. all the signatures on any petition need not be on one si gnature paper. The ci rcul ator of ever;� p�?er sha 11 veri fy by affi davi t attached that he (she) was the circulator of the same, tha� each sigilature ���as signed in his (her) -presence, and is of the pei�son ti�ai same pui�?orts to be and that each si gner affirmed �.hat he (she) was an elector at the residence stated thereon. Any paper lacking s uch affi davi t or veri fi ed by an affi davi t fal se and untrue i s i ns uffi ci ent and voi d of effect. The City clerk shall be responsible for determining the validity of signatures. If oit is obvious the sic�nature on the petition is the signat�re of the person on ine Voter �Regisiration Card 1•J1tIl which �Pie sianature is compared, ti�e signature shall be counted :;as a valid signa�ure, not��ithstanding tne fact that tf�e perso�� may have signed the �petition in a different r�anner wher they siened t�e �'o�er Registration Card. Before 3•discarding a signatur�e, a reasonable effort shall be made to contact the person(s) in zquestion to deterr>;ne if, in fact, they did sign the petition. The insufficiency or irregularity of a petition shall no� prejudice the filing of any ne��r petiti on for the same purpose, nor shall i t prevent the Counci 1 from referring any ordinance proposed to the electorate at the next regular or special election, or othenyise acting favorably upon the same. 7he Councii may provide by ordinance such further regulations for the initiative, referendum, and recall, not inconsistent witii this Ci�arter as it deems necessary. The city clerk, upon receipt of dac�,a�nied i;�formatic�n tf�at any signature on any petition paper has been falsely atteste:i to, shall �ro�ri�tly for�vard such information to the proper authority for pr:�ecution under state stai:ues applying thereto. � oc�oir��wc� r�o. PAGE Z ' ' � � �! 3A Section 5.05, FORt� OF PETITIUN AND OF SIGP�ATURE P1IPERS. The petition for the adoption of any ordinance shall consist of �:he ordinance, together ariih all the signature aapers and affidavits thereto attached. Suc1� pei;itio�� shall not be complete unless signed by a number of voters equal to at least �en percent of the total nurrber of registered voters as January lst of that year. Each signature paper shall be in sul�stantially the follavring form: _ . INITIA'fIVE PETTTION � Proposing ar ordinance ta . . . . . . . . . . . . . . . . �stating the purpose of the ordinance), a copy of ���hich ordinance is hereto attached. This ordinar�ce is sponsored by the follrnving commii;tee of elec�Lors; Name 1. ................ 2. ................ 3. ................ 4. ................ 5. .....:.......... Address ......._........ ................. ................ ............... ' The undersigned electors, understandi�.g the ter�ns a�d the nature of �he ordinance hereto attached, pe'�ition the council for its adoption, or, in lieu thereof, for its submissien � to 1;he electors for thei r approvai . Na� Address ' 1. ........:•:•:•:' ...�...�........ 2. . . . . . . . . . . , . . 3. ................ ................ At the end of the list of signatures sha11 be appended the affidavit of the circulator tr�ntioned above. ' Secti on 5.06, FILING OF PETITIONS AND ACTION THEREON, Wi thir� fi ve days after tl�e filing of thz petition, 1;he city clerl: shall ascertain by examination the number of electors �vhose signatures are appended thereto and whether this number is at least ten ' percent of the totai nun,ber of regular voters. If h� finds tfie petition insufficient or irregular, he sha11 at once notify one or mor�e of the com�nittee of sponsors of that fact, certifying the reasons for his finding. The commit±ee shall then be given 30 days in �vhi ch to fi ]e addi ti onal si gnature papers and to correct t{�e petiti on in al l '�, other parti cul ars . I f at the end of that peri od the peti ti on i s found io be s1:i i 1 `��;, insuffici�nt or irregular, the clerk shall file it in this office and shall notify each � member of the committee to that fact. . 'I' u• . _ o Section 5.08, IPdITIATIVE BALLOTS. 7he ballots used t�vhen voting. upon such proposed � ardinance shall state tlie substance of the ordinance and shall give 1:he voters the I� ,.�; op�ortuni ty to vote ei ther "yes" or "no" on the question of adoption. If a majority � of the electors voting on any such ordinance vote in favor of it, it shall thereupon , �� `^ becane an c�rdinance of tl�e ci ty. Any number of proaosed ordinances may be voted upon � a� tl�e san�e election but the voter sfiall be alloti•red to vote for or against each {'separately. In the case of :nconsistency bet�veen t��o or more initiative ordinances �,approved by the electors, the ordiriances shall not �o �nto effect until the city 'I'�cauncil has had 60 days to resolve l:he ir�consistencies. N • ORDIfdM10E «U. PAGE 3 Section 5.13, THE RECALL. Any fiv2 electors may form themselves into a con�nittee for the purpose of bringing about the recall af any elected officer of the city in ��accordance wi�h pr�cedures establishPd in Section 5.03. The committee sha11 ce riify io the city clerk the name of the officer whose rem�val is sought, a statement of the graunds for removal in not more than 250 worcis, and their inte�tion ta 5ring about h�s recall. A copy of this cer�ificate shall be attached to eacf� signature paper and no si gnature paper shal l be put i nto ci rcui ation previ ous to such certi fi cati on. Section 5.i4, P.ECALL PETITIO�dS. The petition for tn� recall of any official shall consist of a certifica�e identical �vith that filed with the city clerk together ti•rith all the signature papers and affidavits thereto attached. Each signature paper snall be in substantially the following form; RECALL PETITIOPJ Proposing the recall of . . . . . . . . . . . . . . . . from his office as . . . . . . '....,.... which recall is sought for the reasons set forth in the attaci�ed cer�ifi cat�, This moverrnnt i s sponsorea by i:he foll owing cor��ittee c` electo;°s : � ' i�� l. . . .. . . . . . . . . . . . . . 2. ................ 3. ................ 4. . . . . . . . . . . . . . . .� 5. ................ Address ................ ................ ....'............ ................ �� ' The undersigned electors, understanding ti�e nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. ' I ' Name 1. ................ 2. ................ 3. ................ Address ................. ................. ................. At the end of the lisi of signatures shall be appendPd the affidavit of the circutator. SeGtion 5.19, INSTRUCTIONS TO PETITIO�dERS. The city clerk shall provide to every person circulating a petition for ti�e initiation of an or�inance, the initiation of charter an�endments, for a referendum, or the recall of an elected official, written instructions delineatir�g the correct and proper procedure for clrculatir�g the petition. The instructions provided will clearly define falsification of a signature and false attestati on of a s i gnatui�e and wi 11 ci te those ordi nances , 1 a�,rs , or statutes rel ati ng to such acts. i� ' ' 0 �ORDINANCE N0. PAGE 4 3C � . Section G.04, SU(30RDI��ATE OFFICERS. There sha]1 be a ci ty clerk, ci ty tr�easurer, ' city attorney, and such other afficers subordina�ce to the city manager as the council may provide for by ordinances. The city attorney and/or legal offiicer(s) shall be appointed by the ci ty managei° wi ih approval of the counci 1. The ci ty cierk shal i be subject to the direction of the city manager and shall f�ave such �luties. in connection � with the keeping of the public records, the custody, and disburser�ent of the public . funds, and the general administration of the city's affairs as ,hall be ordained by - the council.. He may be designated to act as secre�:ary of the council. The council ' may by ordinance abolish off�cers �•rhich have been crea�;ed by ordinance and it may combine the duties o� various offices as it may see fit. �� ' ' L� , u ' ' ' ' ' � �� J Section 6.05, PURCH/�SES AND COfJTf�ACTS. �he city managnr shali be the ch�ef purchasing agent oi= the city, All p�!rchases on behalf of the city shall be made, and all contracts let, by the city manager, provided that the approval af the council must be given in advance whenever the a^�ount of such purchase or contract exceeds ±he amount stated in the state statutes. A17 contracts, bonds, and instr•uments of every kind to �,rhich the city shall be a party shall be signed by the mayor on behalf of the city, as well as by the city tnanager, and shall be executed in tl�e name of the ci ty. Section 6.06,.CONTRACTS, HOW LET. In all cases of contracts for the purchase of rnerchandise, materials or equipment or for any kind of construction w ork undertaken by the ci ty, whi ch requi re an expendi ture of more than that ��rhi ch i s set by the state statutes, ,un�sss the council shall by an emergency ordinance othervrise provide, th� city manager� shall advertise fo►� bi�s by at ?east 10 days published nntice in the offi ci al ne��rspape r. l�!l�en a bi C i s requi red , i t s hal �1 be let to the 1 owest responsi bl e bidder as determined by the c�uncil. The council may, however, reject any and all bids. Nai.hing c.ontained in this sect�on shall prevent the cc�uncil from contracting for the doing of �vo�°k with patented processes, or from the purchasing of patented appliances. Section 7.04, PREPARATION OF ANNUAL. BUDGET. The city manager shall prepa��e the estimates for the annual budget �•�h�ch shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted �y each departn�nt to the city manager. Each estimate shall be divide� into three major subdivisions as follo�vs: (a) Salaries and t�Jages, (b} Or�ir�ar•y Expenses, (c) Capital Outlay. Saiary detail shaii show a list of all salaried officers and positions ►•ritf� salary allovrance and number of persons holding each. Wages sha11 Ue brol:en do,��n in suffiicient detail to justify the request. Ordinary expenses sha11 be brof:en dotivn i nto such detai 1 as tf�e ci ty mar�ager shal l di rect. Capi tal �utlay shall be itemized as to items and amounts. In parallel columns shall be added the amounts expened under similar heads for the two p��ece�ing fiscal years, and, as far as practicable, ihe amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the city manaye�° shall prepare a detailed state►nent of revenues collected for the two preceding co►npleted fiscal yeas�s with amounts estimai;ed to be collected for the current fiscai year, and an estimate of revenues for the ensuing fiscal year. The estimates sl�al l t�e submi tted to the counci l at i ts fi rst regular mo��thly n�eeting in August and shall be published in summary in the official publication pr�or to t�ie August n�eetin�. � , oROr;�n�JCE t�o. PAGE 5 3D ' . , Section 7.05, PASSAGE OF TNE QUDGET.. The budget shall be the principal item of ' business at the fi rst regular monthly r��2eting of the counci 1 in August, and the counci 1 shall hold subsequent meetings from time to tirne until all the estimates� have been considered. The meetinys shall be so conducted as to give interested citizens. a ' reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual ' budget finally agreed upon shall set forth in such detail as may be determine d by the city council, the complete financial plan of the city for the ensuin g fiscal year, and sha11 be signed by the majo rity of the council upon being adopted. It shail indicate the sums to be raised and from vrhat sources, and the sums to be spent and ' for �rhat �urposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget during the month of Octobe r by ordinan ce which shall set forth the total ' of �;he budget and the totals of the major divisians of the budget, according to the plan indicated in Section 7.04. The budget ordinance.as adopted shall be publisned in the offi ci al publi cati on. ,I '' I� , ' � � ' � � � Section 7,09, LEVY AND COLLECTION OF TAXES. On or before the 5th day of November, each year the council shall levy by resolution the taxes necessary tQ meet the req�:irements of the budget for the ensuing fiscal year. The city clerk shall transmit to �he c��nt�� auditor a,�ruully� not later than the lOth of idovember, a statem2nt of all the taxes levied, and such icaxes shall be collected and the paymeni thereof be enforced with and in like manner as state and county taxes. No tax shail be invalid by �°eason of any informality in the manner of levying the same, nor because the amoun� levied shall exceed the amount required to be raised for the special purpose for which tiie same is �evied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. Sect�on 7.14, ACCQUNTS AND REPORTS. The city manager shal7 be the chief accounting officer of the city and of every branch the;�eof, and the council may prescribe and enforce proper accounti ng methods , forms , bl anks , and othe�° devi ces consi stent Hri th the law, this charter, and the ordinances in accord with i�t. He sha1T submit to the council a statement each month showing the amount of money in the custody of the city treas{r��er, the status of al] funds, the amount spent or chargeable against each of the annual budget alloivances and the balances left in each, and such othe r information rel ati ve to the fi n ances of the ci ty as the coun ci 1 may requi re. The counci 1 may at ariy ti me and shal 1 annuai ly provi de for an audi � of the ci ty fi nances by a certi fi ed public accountant or by the department of the state authorized to make examinations of the affairs of municipa]ities. On or before the first day of April in eacn year th� city manager shall prepare a camplete financial state��ient in form approvea by the cuuncil ofi city's financial operations for thz preceding calendar year, ar�d quarter, which statement may be published in such manne r as the council may direct and a summary thereof shail be published in the official newspaper on or before the third week in Ap ril, July, October, and Januaiy as appropriate.. �.. SECTION 10.05, RATES AND CHARGES. Every public utility 'the street or puL�lic places within the city shall give se rvice at reasonable rates. A reasonable rate shall b with efficient management, no rn�ally yield a fair return 'in furnishing service to the city and its inhabitants. a guaranty of a return an�i in no case shall there by an Wi thi n ti�ese i i mi ts the determi nati an o f rnaximum rates , � or f ranchisee making use of courteous, efficient and a�tequate e canstrued to be one which will, on all property used and useful This shall not be construed as y return upon franchise value. fares, or charges to be charged �ORDIN�NCE N0. PRGC 6 ' � �_J LJ ' �� 3E by any publi c uti 19ty or franchise� for serv� ce rendered to .the ci ty or any person, persons ; fi rrn or corporati on vri thi n the ci ty shal l be macie, i f possi bl e, by di rect negatiations bctween the pub]ic utility or franchisee and the council. In case of failure to reach an agreemznt by this method vrithin a reasonable time the council may, in its discretion, a�ree to submit to arbil;ration on such terms as it may, deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public ui;ility or franchisee; provided, rowever, that the rates, fiar2s, or charges so fix�d by arbitration shall not be binding on the city for more than fi ve years. Section 10.06, PROVIDIO:lS OF FRANCfiISES. Every franchise shali contain, among other things, provisions relating to the following: (1) The term of the franchise granted, which shall not exceed 25 years. (2) Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions af S�ction 10.05 � � (3) The ri gl�ts reserved to the ci ty i n connecti on s�ri th the erecti on of poles , masts ar other fixtures in the streets or public places and the attachment of wires thereto, the la,ying of tracks in or of pipes or conduits under �he streets or public places, � and the placing in the streets or other public places of any permanent or semi-pe rmanent fixtures �r equipmeni: by the public ucility or franchisee. � '(4) The prompt repair by the pu�lic utili�y or franchisee of all damages to the pub1ic streets, alleys and public property occasioned by the acts or omissions of the publi c uti li ty or franchi see. � (5) The rights of tl�e city to have access to all books, recor�s, and papers of the publ i c uti 1 i ty or franchi see ��1hi ch i n any �•�ay deal wi th, affect or record i ts operati ons within and pertaining to the city and pertaining to property and equipment used atid ' useful in furnishing service to the city and its inhabitants. _ � ' � ' � � (6) The power and right of the city to submit to arbitrdtion the fixing of any rates, fares or charges to be mae�e by the publ�ic utility or franchisee. (7) The right of the public utility or franchisee to recezve upon condemnation proceedings brought by the city to acquire the pualic uti��ity or franchisee compensation for its franchise or the value thereof, if any. � Section 10.09, PU6LIC hEARINGS. Qefore any franchise ordinance is adopted or any rates, fares o r charges io be charged by the public utility or franc��isee are fixed, there shal l be .a puhl ic hearing by the counci 1, in regard thereto. Voti ce of such public hearing shaTl be given by published notice at ieast once in the official newspaper not less than twenty (20) �ays prior to the date of such public he aring. Addit�ional notice of such public hearing may be given in such manne r as the council shall determine. PASSED AND ADOPTED BY TI�E CITY COUNCIL OF THE CITY OF FRIDLEY THIS DF�Y OF , 1976. ' � � -��, � . � o�o1N�r�,c� ��o. . 3� F � PAGE 7 � � , � 1�lAY0R - IJILLIAP� J. t�EE ' ATTEST: � � _� CITY CLERK - h1ARVIN C. BRUNSELL . ' rPub1 i c Neari ng :�1pri 1 12 , 1976 & it;ay 17 , 197G Fi rst Reading: gr�.ri i ���.Z�z, May 1"I, 1976 & October 18, 1976 Second Reading: � Publicatior�: � , � . � �. . . . � . . � . � � � � � � . � � � . ' � I � . � I � � �,� � ,� #. �"� : � �' � �' �.�i�} �� � ,N �� FRIDLEY POST N0. ?63 1042 Osbarne Road, N.E. Fridley, Minnesota 55432 October 14, 1.R76 The F?onora.ble 4•�lilliGm J. I�"ee t�avc�r of the City of. f'ridlev 6431 Unive:nsitv AVP.T]L1G's I'd.E. Fxidlev, I�iinnesota 55�+3? Honerab7 e t"a�Tor P1ee and A?er�bers of the Fridl.ey Cit�t Ccunc� l: Acr_ord;n� to tre Bin�o La:� recentl.y enacted rv our State Le�islature, a.11 V.r.'�-'. Clubs r�us± use b;.n�o f»�?ds for cc:��^unity x�roiPcts unle�s other�•.2se authorized bv th� local Cit;* Council for other ���oje�t�. - It is the desi.re o�F thP rri�le,y V,r.'��. Post �`?�� to use som� of ou� bin�o furd� ta comx�l.e�;e ot�?^ bu�._lca.���' 17T��1'T'atll on such neressar�t projE:�-.ts as � fla� poie base, re- s�rfacir�? t?:e narvin� 1ot, si�lel�,'�i?.s, ��:r.�in�^, �tc. 1�1e are askin� voar approval axi this reqtzeste Res-^ectfullv yo�.;rs, ,��`� s"�1`c.�'� � G�� Daniel L. Sjodin, Commar? der. V E T E R A N S O F F O R E i G N W A R S O F � T H E U N i T E D S T A t•E S �i i � FRIDLEY POLICE CIVIL SF:RVTCE CONI[dISSICN ' � The meeting was called to order at 7:15 p.m. Members present: Jean Schell, Tim Breider, Helen Treuenfels Advisor8: Jim Hill and Bob �leisenberg , � , � ' � �J � � � ' � Oct. 6, 1976 Motion be Breider to approve minutes oi previoua meeting as presented - � motion carried. Moit,on by Treuenfels to go over suggested revisions to the new rules, amending where desired. Motion carried. Section 1, Defdenitiona - change dePinition of position, add job classification amendment approved Section 3, Basic Conditions of Employment - change (b) to read "comply with job relevant requirements" amen�,ment approved Section 4, Examinations - modificetion to indicate compliance with equal opportunity statutes amend�ent approved Section 5, Applications - delete (j), change (4) to "complg� with minimal job relevant requirements amendment approved Section 6, Eligible roster - eliminate sex ieferences � amen�,ment approved Section 7, Promotions - amend to indicate job releva�t criteria amend�ment approved Section I2, RepriWand - adopt revised wording, add "written" to sentence on maintaining records of reprimands. amendment approved Section lj, Transfer and Demotion - add heading "Lateral tr�nsier" to (a) (b) heading "Demotion" - change wording in special assignment to "�as been allocated" amendment approved Section 15, Dischlrge - we do not wish to delete paragraphs (b) and (c). add warde �'notwithstand�ng any laws to the contrary, charges shall be brought before the Cemuiission" amendment approved Section 16, Resignation -(b) sdd "for 3 or more consecutive duty shifts" amendment approved Sections 18, Layoff, and 19, �nnual Vacation - de1�e amendment appreved Section 20, Sick Leave - delete (a) Rename Physical examinations keep (b) amendment npproved 5 i `2' S � :, Section 21, Service Connected Injuries - deleta amendment approved Section 22, Special Leave of Absence - change 6 monthe to 12 montha aervice � renumber 18 amendment approved :� Section 2� Reinstatement register - keep as is, reunmber 19 _ add " abide b,y union rules as to reinstatement after layoif" amendment approved ' ' I ' , Section 2�+, Prohibited activities - renumber 21 Section 25, Salary Schedule, 26, Hours of Duty - delete amendment approved amendment approved Section 27, Residence Requirements - renumber 22 amendment apprf�oved Section 28, Affirma�iive Action - renumber 23; add "comply with applicable Pederal and state statutes" � amendment approved Section 2g, �mendments - renumber 24 g amendment approved Section 30, Classification of' positions - Sep3rate f'rom rules 'amer.dment approved Job classifications - auggestiona were offered in writing by Hill, Rick, �Vilkingon, Kennedy, and Voigt. Motion by Breider to have Hill coordinste suggestions, and return them to us at the nex� meeting. Motion carried. the next meeting of' the Police Civil Service Coanmission meeting will be held ori 'dednesday, I�TOV. 1Q, and 7 p.m; Meeting adjourned at 8:�0 p.m. Respectfl.illy submitted Helen Treuenfels, sec{y MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN BRUP�SELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RESOLUTION SPLITTING AND APPORTIONING SPECIAL ASSESSMENTS FOR THE OCTOBER 25, 1976 AGENDA ,DATE: OCTOBER 19, 1976 We are requesting tha� the Council approve the resolution splitting the special assessments on Parcel 700, Outlot H, Innsbruck Noi°th Addition, and apportioning into Innsbruck North Townhouse 4th Addition. The Council has previously approved this plat and the plat has been recorded at Anoka County. MCB ps 6 .. RESOLUTION N0. - 1976 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON OUTLOT H, INNSBRUCK NORTN ADDITION, AND APPORTIONING INTO INNSBRUCK NORTH TOWNHOUSE 4TH ADDITION WHEREAS, certain special assessmen±s have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, SE IT RESOLVED as follows: That the assessments levied against the following described parcel, to-wit: Outlot H, Innsbruck North Addition, may and sha11 be apportioned and divided as follows: Original Parcel Outlot H, Innsbruck North Addition Divis�on of Parcel Approved Lots 1-47, Block 1, Innsbruck North Townhouse 4th Addition Fund Regular SA (Mains) SW #36 SW & SS #103 ST. 1972-2 S #113 Fund Regular SA SW #36 ($18.88 per Lot) SW & SS #�03 ($173.85 per Lot) ST. 1972-2 ($136.69 per Lot) S #113 ($176.88 per Lot) Origi�nal Amount Paid $ 1,888.18 17,384.94 13,669.12 17,688.20 50,630.44 Original Amount Paid $ 887.36 8,170.95 6,424.43 8,313.36 Balance of Outlot H, Parcel 7000, Innsbruck North Addition Regular SA Paid SW #36 $ 1,000.82 SW & SS #103 9,213.99 ST. 1972-2 7,244.69 S #113 9,374.84 50,630.44 ADOPTED BY THE CITY COUNCIL OF THE CITY QF FRIDLEY THIS DAY OF , 1976. MAYOR William J. Nee ATTEST: CITY CLERK Marvin C. Brunsell 6A �— LICI:I�SI:S 'f0 I3I; APPItOVrD� BY 'fliE CITY COU�CIL A'i' 7'1tL1R f�4E[:�rI�G OI� OC'1'0131i(t 25, 1976. �- , —� � �- — --- .— -- -- $ TYPii OI� LICEiI�SE: BY: I�l'PROVLD [3Y: FEti: ' CIGARIi`I'7'L• ��. 7-Eleven Food Stores James Elsberry James P. Hill 25.00 ' 6530 East River Rd. Public Safcty Uir. Fri.dley, bfinn. 55432 ' ' F00[) ESTABLISfL�1C1�'1' 7-Eleven Food Stores James F:lsberry Steve Olson 16.64 ' GS"s0 Eiast River Rd. Health Inspector � Pro-Ratec Fridley, riinn. 55432 , ICE P�LACHI\E � 7-Eleven Food Stores James Elsberry . Steve Olson 15.00 6530 East River Rd. llealth Inspector ' Fridley, D1inn. 55432 � LIQUOR DISPENSING � ' LuAnn D. Capouch � Ataple Lanes James P. Hill 5.00 2415 Quincy St. N.E. Public Safety Dir. , _ hlpls. , A4n. 55415 Randall l�. Gott�,�aldt Diaple Lanes James P. t[ill 5.00 6424 i�larlin Drive Publ.ic Safety Dir. � A1pls. , i�linn. 55429 Robert B, Gotttiti�aldt Dtaple Lanes 3ames P. Hill '- 5.00 ' 2742 Lincoln St. N.E. Publi.c Safety Dir. rlpls. , A�linn. 55418 , OFF SALE BEER 7-Eleven Food Stores James Elsbcrry James P. Iiill 35.00 6550 East River Rd. Public Safety Dir. � Fridley, Diinnesota 55432 VENDI\G �1�1C11INE ' Totino's Frozen Food Div. ARA Food Services �Steve Olson 150.00 7350 Commerce Lzne George Kuhl Health Inspector , Fridley, Atinnesota 554"s2 CIGAFETTIi ' Totino's Frozen Food Div. E\RA Food Services James P. 1Ii11 25.00 . 7350 Commerce Lai�e Gcorge Kuhl PuUlic Safety Dir. Fridlcy, Minn. 55432 ' , , , � Pafie 1 of .. LTCF:�'SES TO [�E APPRQVED I3Y '1'itf: CITl�COUhCIL /1'1' '!'li[iIR h1filil'11�G OF OC'I'Oi3}.iR 25, 197G. . 8A '1'YI'li nP LICI:NSf:: }3Y: . ANI'ROVED [3Y: rcc: CtI1tIS'CAIAS T[tEf: LO'f SALI: Frank's Nursery Sales, Inc. Frank's Nursery Robert Aldrich $ Z5.00 7G20 University Avenue N.�. Fire Inspector ($100.00 Fridlcy, blinnesota 55432 Deposit) PII�C i Of 2 0 � I ' , , LICENSES TO BE APPFtOVED BY THE CITY CQUNCIL AT THEIR REGULAR ME�TING ON OCTOBER 25, 1976 � BLACKTOPPING APPROVED BY A.B.C. Blacktop Co. � 1308 Main Street N.E. DARREL CLARK Minneapolis, Mn. 55413 By: James Turpin COM. DEV. AL1N1. EXCAVATING • North St. Paul Plumbing & Heating 2572-7th Avenue East � DARREL CLARK North St. Paul, Mn. 55109 By: Gene W. Swanson COM. DEV. ADM. GAS SERVICES Boedeker Plumbing & Heating 5633-16th Avenue South Minneapolis, Mn. 55417 By: Chester F. Boedeker Home Heating & Air Conditioning Inc. 4805 Dominick Drive Minnetonka, Mn. 55343 By: Thomas Shandley Hutton and Rowe, Inc. 217 Van Buren Street Anoka, Mn. 55303 GENE�2AL CONTRACTOR B�lco i�uilding Systems, Inc. 8401 Wayzata Boulevard Minneapolis, Mn. 55426 Cedar Bay Builders 1700-3rd Avenue N.W. New Brighton, Mn. 55112 By: Leslie J. Rowe By: Robert M. Balch, III By: Rudy Bayer Harstad-Todd Construction 2200 Silver Lake Road New Brighton, Mn. 55112 By: R. S. Todd ' Lennox Construction 7201 East River Road Fridley, Mn. 55432 By: Donald Lennox Royal Aluminum Products, Inc. 526-6th Avenue North Minneapolis, Mn. 55411 By: Max Ostraw HEATING Carlson Store Fixture Co. 137 East Island Avenue Minneapolis, Mn. 55401 By: Bernard Herrmann ' Home Heating & Air Conditioning Inc. 4805 Dominick Drive Minnetonka, Mn. 55343 By: Thomas Shandley � � WILLIAM SANDIN PLBG. HTG. INSP. WILLIAM SANDIN PLBG. HTG. INSP. WILLIAM SANDIN PLBG. HTG. INSP. DARREL CLARK COM. DEV. ADM. DARREL CLARK COM. DEV. ADM. DARREL CLARK COM. DEV. ADM. DARREL CLARK C4M. DEV. ADM. DARREL CLARK COM. DEV. ADM. WILLIAM SANDIN PLBG. HTG. INSP. WILLIAM SANDIN PLBG. HTG. INSP. • r • � Licenses for Council (Continued) Hutton and Rowe Inc. 217 Van Buren Street Anoka, Mn. 55303 MASONRY Verne Parks Construction 850 Woody Lane Coon Rapids, Mn. 55433 ' � By: Leslie J. Rowe By: Verne Parks Page 2 WILLIAM 5ANDIN PLBG. HTG. INSP. DARREZ CLARK COM. DEV. ADM. �• ' MULTIPLE Dt•tELLI��G LICEPlSES TO QE APPROVED: 8 D Period September 1, 1976 to September 1, 1977 � 041NER ADDRESS UNITS FEE APPROVEU 6Y: 1 Cheryl A. McClusky 5770 - 2� St. NE 11 $16.00 � R. D. Aldrich, 417 - Sth Ave. NE Fire Prev. Mpls, Mn. 55413 � ' � � . I � � �1 1 � � �. t - 1 � � 1 � - ! � � � � I . �� � . . 1 � . . , ESTIMATES FOR CITY COUNCIL CONSIDERATION - OCTOBER 25, 1976 N.D.H. Asphalt Co., Inc. 5400 N.W. Industry Avenue Anoka, Minnesota 55303 FINAL Estimate No. 4 for Street Improvement Project ST. 1976-1 and Municipal State Aid Street Improvement Project ST. 1976-2 Weaver, Talle & Herrick ' 316 East Main Street Anoka, Minnesota 55303 For Services Rendered as City Attorney for September, 1976 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Services R�ndered as Prosecutor for September, 1976 $ 24,952.59 $ 1,453.25 $ 2,122.75 NJ , � CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432 Honorable Mayor and City Council City of Fridley c/o Nasim M. Qureshi, City Manager 6431 University Avenue NE Fridley, MN 55432 Gentlemen: CERTIFICATE OF THE ENGI�EER October 20, 1976 � We hereby submit the Final Estimate No. 4 for N.D.H. Asphalt Co., Inc., � 5400 NW Industry Avenue, Anoka, MN 55303 for Street Improvement Project SC. 1976-1 and Municipal State Aid Street Improvement Project St. 1976-2. � � � . Original Contract . . . . . . . . . . . . . . . . . . $212,319.50 Change Order ��1 . . . . . . . . . . . . . . . . . . 12,948.00 Final Construction Cost St. 1976-1 . . . . . . . . . $186,087.92 Final Construction Cost St. 1976-2 . . . . . . . . 22,926.88 Less Estimate ��l . . . . . .$77,966.35 Less Estimate ��2 . . . . . . 98,815.91 Less Estimate ��3 . . . . . . 7,279.95 AMOUNT DUE FINAL ESTIMATE ��4 • � . $225,267.50 $209,014.80 $18�,062.21 . . . . . . $ 24,952.59 We have viewed the work under contract for the construction of Street Improvement Projects St. 1976-1 and St. 1976-2 and find that the same is substantially complete in accordance with the contract docunents. I recommend that final payment be made ugon acceptance of the work by your Honorable Body, and that the one year contractual maintenance bond commence on the date listed. i�C? . Frepared by �C� , ;; Checked by �' � � � � Respectful y submitt�d, L�2�' / � , Richard N. Sobiech, P.E. Public Works Director ,� � � �, � � � CITX Ur TiZIDLEY Engineer.in� Depaztr�ent 6431 Univ�rsity Avenue Fridley, t�Iinnesota 55432 ' Date October 20, 1976 . T0: �Hpnorable Mayor and City Council City of Fridley 1 6�►31 University Avenue N.E. Minneapolis, M�.nnesota 55432 Contract Item ' ' �" �..�.���W�r _�i...�l_._.._D.es.i�TL �� A� � � t' ,� F' n nstricct C.B. Special Des�n I Construct C.B. Desi�n "A" or "G" _ con�Cruct M.H. i move & Replace Exist._.C.B. _� ',.�,asting Assem.i00-7 W/712 Cover �us�t Frame & Ring Casting _J stall CasCing � ''. :.�'7.earing & G�ubbing :?�r.iove Conc. Curb & Gutter mmon Excava.tion '� � ck Excavation �cemove Conc. Sidewal�c �� :nove & Replace �ence c•cl rLixture ��5 ^ ~ �r------- ----- - �ra�ular Borrow 9� � RE: Est. P7o. 4 (Final) Per. Fnding 10/20/76 For N.D.H. Asphalt Co., Inc. 5400 NW Industry Ave. ' Anoka, MN 55303 STREET IMPRO�'l:.'1ENT PROJECT ST. 1976-1 STAIF�IENT OF G)ORK .� n - � CC�,T.«�GT � � .-._r__._.........:.-. v.._._.....�.... �aa ce `� f UniC .�lldlLlt}� tit� es� Fri.ce Th�.s EsC. _2�___ �__27.�.QQ.__ � _� �Q � �.S_�_ _�� _1� __ 5�4__ __ 0 Z3_.._ _________�..�..� ---. 0 _.1.__� ___�1�Il�Il.Q.__. ._ �_ 14 zzn nn _ 74 _____. 60_00 _ __0 _ --135------ ----�---- 3. 60 � 0 78 1.25 0 � ,603.06 � 2,15 0 --121 .. ` ` 0.20 , --------_�-._-___ ���_T.. ._-_ -. .J . 1?JY`f�VJ V�c.V ��oil Borrow -- � 1_,2 11.�.��g ._--- 3.40 - - 0 �adside Seeding � -' ' .59 ��600.00 �� yonc.Curb & Gutter Des. B-618 ^ 12,706.35^ 2.92 p Conc. Driveway Pavement � 873.i4 11� p� ` 2331 Asphalt Driveway 889.10 ~� 3.90 � p F.iruslied Rock for Driveway 39.50 T -9. 0 !-� Conc Walk --------------- ---57b �_-�.-r� �--- '__ ing�-Exist.Conc.�+ to�i"- t`-�5$.��-� � 1.25 p T ��ommercial Fertilizer .87 400.00 J ddin� �-� �`�� -- 16 063.98 J -�--0.70 - 0- I Y ter � 110 �V � 5.50 0 �_._ gregate Base (Class V) 6,711.14 �� 2.85 0 __;it. Tiaterial for Tack Coat 1, 703. 81 �• � 0 ----- -- .._---- - -- - -�---- --- -• ._- ---.__. � t. riaterial for Mixture 470.90_ ,_ _ 79�b� � 25.�0 ;----i ring Coiirse r[ixture�-------__ �._..7�244. 73- - � S• 2'S ._- ---395.35 riit ey Surmountab�e CurTi�- � 2,$�38.21 ��--�-��-3:T�- �- c . ��e y Gu t Eer�.__.---------- J �.5 _ _ �- .�_ ���. _ �' _p r _- sonry Rer.ainin� [dall . 350 ^ � • �'� � � 0 !, .� Concreee Barrier �..u. �_. .----."- - 1., 200 ' 3. 25 � �'.__ O .. �L YROG��S i;an ti t��}� o Date ..��__ 2 18 _. � i � 176.5 14� -_� _.� 47 --- ___......__ 128 '_.: 4,202.95 -- 1-Ll S 1 ---- �'..nou�t " To nate $ ._ 630.00 5_00 1,976.80 4.620.00 �_ 2,820.00 460. 80 � + 357.50' � 9,036.34 3,913.40 14,761 43,102.12 1,103. 49 12i800. 48 _ 3,440.78 13,419.04 46 414.U0 � 216- - -�� 237� .�0 � �_ 327. 50 _ _ 409. 37 _ ~ 9,649 � 6 754.30y 131 720.50 6, 314. 4 � 7��-, 99b�: �.�� --- 2 ,11 S ^'�7+ .��� . . � �0_' �b_� ._. 7'-I�T:�+ __ 7�244 ` 452275.00� �_^141_ _ 458�25� 521.b0 � 1,356.16 1,080 � 3,510.00 w�,.�r__�___.__ $209,014.80 ��� � , , , . ' ' ' ' � ' r � ' � � � ' Se. 1976-1 S Ur�iARY : Orig3.na1 Contract AmounL -2- Contract Additi�ns - Change Order Nos. 1 Contract DeducCions - Change Orcier Nos. -- Revised Contract Amount Value Completed To Date SUB TOTAL Amount Reta�ned (10%) Less Amaunt Paid Previously AMOU,TT DUE THIS ESTIt�L�TE CERTIFICATE OF T.IE CO\TP.ACTOR � S 212,319.50 —��.. � 12,948.00 .� ' � 225,267.50 � 209,014.80 � 209,014.80 $ -0- � 184,062.21 � �� 24,952.59 I hereby certify that the work performed and the materials supplied to date under terr�s of the conzract for reference projecr_, and all authorize�i changes thereto, havc an actual value under th� contract af t.1-�e anounts sha�a�t on this estimate (and the final nti.ties of the fin.�l estimate are correct), and that this estimate is just d or• ct and no part o he "�Znount Due fihis Estimate" has been received. � • !� • ��� � � � "�._ Bv � � Date � ~Contractor's�. Authorized Repres:nta�ive (Tit]_e) • . • CEItTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimat-e, and that the ' contractor is entitled to payment of this estimate under ttle contract for reierence project. . CITY OF FRID INS?': CTOR � c' .� B .— Checked � / Date��..�? /� - Respectiully submitted, CITY OF F T DI.E ' . By, % . -`�CG� . RTCIl:1RD N. SOBIECEi, P.L•'. Publa.c Worl:s AirecCor , , , T0: Public Works Director City of Fridley October 20, 1976 REPORT ON FINAL INSPECTION FOR STREET IMPROVEMENT PROJECTS ST. 1976-1 AND ST. 1976-2 � We the undersigned, have inspected the above mentioned projects and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. � � All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one year maintenance bond start from the day of the final inspection, that being October 20, 1976. ,. x omas A. Colbert Construction Incharge � e Zentgraf Construction Inspector ,� �� �.��.� r� � � � _ � .� William Miller Contractor Representative 0 � ' i ' , St. 1976-1 & St. 1976-2 October 20, 1976 CERTIFICATE OF THE CONTRACTOR This is to certify that items of the work.shown in this statement of work certified herein have been actually furnished, and done for the above mentioned projects in accordance with the plans and specifications heretofore approved. The Final Contract Cost is $209,014.80 and the Final Payment o€ $24,952.59 for street improvement projects would cover in full the contractor's claims against the City for all labor, materials, and other work done by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. w� N.D.H. As halt Co., Inc. '�i � r3. 2 � � ��, /�� ,._;� � C � �� L /� William Miller, VicE: President 9E r �� �' CHARLES R. WEAVER HERMAN L. TALLE VIRGIL C. NERRICK ROBERT MUNNS WI��IAM K. GOOORICH ,THOMAS A. GEDDE JEFFREV P. HICKEN , VCH CITY OF FRIDLEY LAW OFFICES WEAVER, TALLE & HERRICK 316EAST MAIN STREET ANOKA, Mf I3N ESOTA 5530� 411 54q October 14, 1976 � 9F iNVOICE N� � � 478 , � September Retainer $1,000.00 I, Cotmcil Meetings 13 hours Staff Meetings � 2 hours l Conferences With Staff 5 hours I' Ordinance Preparation 1-1/2 hours A11ey Vacation Research 1 hour 22-1 2 o s �' Legal Research f� D4emos 3-1/2 ho�s Citizens Inquires 1-1/2 hours -1 ours DISTRICT COURT '�, ' ar er vs. Fri ey Legal Research � Preparati.on of Reply Memo $ 250.00 I Fridley vs. PERA , Conference With Staff � 100.00 Secretarial Allowance 100.00 EXPENSES ADVAIVCID !, , Photocopy i�iachine . 2.25 County Recorder 1.00 I_ TOTAL . . . . . . . . . . . . $1,453.25 � � 0 TIME RECORD FOR SEPTEMBER, 1976 PROSECUTION WORK 1. Preparation, 7'ravel and Time in Court for 20 Court cases and 48 Pre-trials. 2. Investigation and Process of Complaints including office conferences, phone con- ferences, correspondence and preparation of 21 formal complaints. 3. Court and Police Administration. ( 36 hours 21 hours 1 hour 40 minute$ 10 minutes 15 minutes T07AL 59 hours 20 minutes �� r` �-- � �,�- � � �. DATE � � � • BALANCE FORWARDED FROM LAST STATEMENT 10-05-76 For legal services rendered as Prosecutor for the City of Fridley. September, 1976 Retainer. $1000.00 $lOd0.00 Secretarial Services 100.00 $1100.00 Time in excess of 30 hours - (29 hours 20 minutes) $1022.75 $2122.75 I deC!are u7der ��n_<<ties a� �arv tt,at this aCC n:, ciai„� .,r c:�r�an{' :s ju5� a�o cor- ,,µ; < ;,.,o, :,;. rcc an Fa� t o� it l:as ., - ` �,LJ� �� . ;F na ur o Ciai� �ant SMITN. JUSTER, FEIKEMA, CHARTERED ° ATTORN[VS AT LAW �a m �ot �