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03/21/1977 - 5686JANET KONZAK ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING MARCH 21, 1977 � � � , � , � � 1 � � �� , THE MINUTES OF THE REGULAR MEETING OF TH� FRIOLEY CITY COUNCIL OF MARCH 21, 1977 The Regular Meeting of the Fridley City Council of March 21, 1977 was called to order at 7:38 P.M. by Mayor P�ee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A7leqiance to the F7ag. ROLL CALL: MEMBERS PRESEP�T: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider, and Councilwoman Kukowski. MEMBERS ABSENT: Mone APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF fEBRUARY 14, 1977: MOTION by Councilwoman Kukowski to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, a1i voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF FE6RUARY 28', 1977: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF MARCH .7, 1977: MOTION by Councilman Fitzpatrick to approve th? minutes as presented, with the stipuiation that the tape for this meetiny be preserved. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested an item be added, "Consideration of a Request From the Springbrook Nature Foundation Regarding City �4aiiing." Councilwoman Kukowski requested an item, "Discussion of the Teen Center" be added. MOTION by Councilman Schneider to adopt the agenda as amended. Seconded by Councilwoman Kukowski. Jpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISI7ORS: There was no response from the audience on this item. OLD BUSINESS: CONSIDERATION OF APPROVAL OF A UARIANCE REQUEST BY BERKELEY PUMP, T81 ELY STREET N.E. TABLED 3/7/77 : Mr. Qureshi, City Manager, outlined eight recommendations which the Staff felt minimized some of the concerns expressed by the Councilmembers. There were as follows: (1) Applicant would install a four foot cyclone fence along the length of the property on the west side for about 325 feet; (2) Building setback would b ' d f 1 e varie rom 00 feet to 83 feet for the front yard and from 25 feet to 15 feet for the rear yard; (3) Landscaping and berming wou;d be installed with the new • . building construction; (4) Sprinkler system for the building; (5) Sprinkler sys�em � for the lawns (6) Existing storage area would only be used on a temporary basis and no� I ' , � - - - ---- � 2�� REGULAR MEETING OF MARCH 2l, 1977 PAGE 2 i material would be stored higher than the existing fence; (7) Land coverage be not more than 35% for the total structures on new northerly parcel; and (8) Al1 of the property be under one ownership and if the owner wishes to sell any portion, it would require approval of the City Council. Mr. Qureshi felt consideration should be given for granting the variance, if the above requirements are met. Mr. Snead, representing Berkeley Pump, indicated the requirements would be acceptable to their company and they have compromised to hopefully obtain approval of the variance. Councilman Fitzpatrick questioned the coverage of 35% of the lat,which Mr. Qureshi stated represents coverage of the newly acquired property. Councilman Fitzpatrick also questioned the outside storage being used on a temporary basis. Mr. Snead stated there may be a need, from time to time, to use the outside storage when they become ; overcrowded with stock. The outside storage would then be used on a temporary basis until there is an adjustment in their stock levels. Mr. Snead stated in reference to Item 6 regarding the storage area, he understands this refers to the storage area presently existing which would.be used only on a temporary basis, if needed. He wished to clarify, howevar, this would not prevent outside ; storage in another area, if the requirements of the City Code are met. Councilman Fitzpatrick stated he felt it was understood the storage area referred to in the recommendation is the existing storage by the street and present building. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variance request from Berkeley Pump for a variance from 100 feet to 83 feet in the front yard and a variance from 25 feet to 15 feet in the rear yard, subject to the petitioners agreement with the eight recommendations outlined , by the City Staff. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the metion carried unanimeusly. CO�dSIDERATION OF RPPROVAL OF FINAL PLAT SUBDIVISIOfJ P.S. #76-05, INNSBRUCK NORTH Mayor Nee stated this item had been tabled on December 20, 1976 to allow for future negotiations between the developer and the Townhouse Association, who had raised objections to this replat. Councilman Schneider stated he has contacted Mr. Lindstrom, President of the Townhouse Association, and received information that, at this point, no agreement has. been reached between the Association and the developer. Mr. 7om Colbert,Assistant Engineer, stated the developer has been contacted and he indicated he wished to withdraw his request, since no agreement has been reached with the Townhouse Association. Mayor Nee explained this request was a plat revision proposed by the developer and met with opposition by the Townhouse Association as it would encroach upon public land. Councilman Schneider stated he understands the developer has agreed to sell some townhouses with two garages, with the understanding when he gets to the 5th Addition, he will request to replat some additional land. MOTION by Councilman.Schneider to deny the request from the Qarrel A. Farr Development Corporation, P.S. #76-05, for replat of Innsbruck North 3rd Addition. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. John Lindstrom, President of the Townhouse Association, stated the Townhouse Association's objection to this replat. He indicated the Association wishes to deny the Farr Corporation the ability to build more garages than were platted, as it would encroach on public land. He stated the developer has sold a dwelling unit with two garages although only one garage was allowed for each dwelling unit. He explained this shifts the problem as the developer will have to move the garages from Block 5 to Block 6, etc., so when he builds to the end of the 3rd Addition, it would be necessary to take some land from the 5th Addition for garages and againthe problem of encroachment comes into focus. � � ---. __ _ . _� , ' � � , � ' � � RE6ULAR MEETING OF MARCH 21, i977 f'nq PAGE 3 He staied the Board of Directors of the Townhouse Association passed a resolution and the City will receive a copy and requested this resolution be filed so when this problem again arises, the resolution will be on record. NANCE N0. 642 - ESTABLISHIN(; CHAP7ER 505 OF THE FRIDLEY CITY CODE ENTITLED "BICYCLE � i Mr. Qureshi stated the fee for impounded bic,ycles has been removed since the first reading and the wording added that the Police Department shall make a reasonable effort to contact the owner. MOTION by Councilman Hamernik to waive the second reading of the ordinance adopt it on the second reading and pubiish. Seconded by Councilman Schnedier. Councilman Schneider felt the third paragraph under Section 505.07 should be changed from "Bicycle lanes" to "Bikeway/Walkway lanes" and add "and/or pedestrians" to the end of this sentence. The third paragraph would then read as follows: "Bikeway/Walkway lanes, which are separate and distinct areas of the roadway marked and set aside for use by bicyclists and/or pedestrians." MOTION by Councilman Schneider to amend the with the amendment of the third paragraph of Section 505.07 as stated. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE ON THE MOTION TO ADOPT ORDINANCE N0. 642 Establishing Chapter 505 of the Fridley City Code Entitied "Bicycle Regulations" and Repealing the Present Chapter 505 Entitled "Bicycle Registration" in its Entirety,as amended, all voting aye, Mayor Nee declared the motion carried unanim0usly. NEW BUSINESS: CONSIDERATION OF FTNAL APPROb'A� OF INDUSTRIAL RFVENUE BOND ISSUE--$1,500,000 FOR SAFETRAN SYSTEMS CORPORATION PROJECT � avn N0. 2II-1977 - AUTHORIZING THE SALE AND I� DS UNDER THE M?^�"dESOTA MUNICIPAL IPIDUSTRI CI E OF INDUSTRIAL DEVELOPMENT VELOFMENT ACT TO FIIdANCE A R THE PROJECT: Mr. Herrick, City Attorney, stated he has reviewed the lease and bond papers and would recommend the Council consider the adoption of this resolution. He stated, if plans proceed as proposed, all payments will be made or the lease and the bonds wfll eventually � be retired. If this did not happen, it is understood the revenue produced from the ; project is pledged to pay the bonds and the City itself will not be liabie. He explained a lot split and variance will be necessary and representatives of Safetran � wili be making application for these items. L--- Mr. Don LaVor, Production Manager and Project Engineer, explained Safetran would be adding 72,000 square feet to their existing building. He stated they were conscious of the energy conservation and their proposed heating system would have two large water storage tanks underground with electric boilers. These boilers will be used to heat the water in the tanks during the electric company's off-peak hours. Two Onan generators will be added in order to have their own source of power, when necessary. Mr. LaVor further explained their system will be designed so that solar panels could be used at some future date. With the expansion, Mr. Lavor indicated they expect to eventually hire about l00 new emp7oyees. Mayor Nee stated the proposa� for the industrial revenue bonds wou7d give Safetran a tax exempt status on the bonds. � MOTION by Councilman Schneider to adopt Resolution No. 28-1977 Authorizing the Sale and Issuance of Industrial Deveiopment Revenue Bonds Under the Minnesota Municipai Industrial Development Act to Finance a Project Thereunder, Secured by Payments to be Received Pursuant to a Lease and a Morigage of the Project and a Pledge and Assignment of the City's Interest in the Lease and Payments Thereunder to a Trustee, and Designating the City Representative for the Project. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, i i 1 � �� � � 1 I i , � , 2�� REGULAR MEETING OF MARCH 21, 1977 i � � PAGE 4 • � MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manager to execute the necessary documents in conjunction with the Industrial Revenue Bonds. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISIO�d P.S. #76-12, TARGET ADDITI OF Mr. Tom Colbert, Assistant Engineer, reouested the Council consider final plat approval on Subdivision P.S. #76-12, Target Addition as filed by Pop Shoppes of America, Inc. He stated approval was recommended with the following stipulations: (1} Agreement and/or easements shall be executed for the street, utility and drainage easement Qrior to recording the plat; (2) Access road adjacent to the West side of the plat, on the Target Parking lot, would be constructed with development of the Pop Shoppes, including pured in-place concrete curbing, surfacing and landscaping; (3) Concrete curbing adjacent to the lots South of Pop Shoppes to be installed upon development, but in no case, later than September, 1979; (4) The remainder of the Target parking lot, including landscaping, poured concrete curbing and parking aisle treatment would be completed on a scheduled basis no later than September, 1979 and a landscape plan is is to be received prior to the recording of the plat; and (5) A performance bond, payable to the City, is to be executed covering the cost of the access road and parking lot improvements, to be enforceable for the improvement schedule time period. Mr. Colbert stated the City has requested the addition of permanent drainage and utility easements to protect the water mains and any future drainage problems and Dayton-Hudson Corporation was in agreement with all the stipulations. MOTION by Councilman Schneider to approve the Final Plat Subdivision P.S. �76-12, Target Addition as filed by Pop Shoppes of America, Inc., with the stipulations as outlined above. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HEARTNG ON BARTENDER'S LICENSE FOR P1?CHAEL W. PENDY, GEORGE IS IN FRIDLEY RESTAURANT: MOTION by Councilman Fitzpatrick to open the hearing on consideration of a bartender's license for Michael Pendy. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the hearing opened at 8:35 P.M. Officer Duncan of the Fridley Police Department presented the findings of the Police Department relative to Mr. Pendy's application for a bartender's license. He stated, in the application for this license, Mr. Pendy failed to answer questions regarding the item on arrests. He was then contacted and Mr. Pendy stated he had been arrested once in Brooklyn Park. The Police Department, in continuing their investigation, contacted the Brooklyn Park Police Cepartment. Their records indicated Mr. Pendy had been arrested in Brooklyn Park for obstructing legal process and resisting arrest. Officer Duncan stated this information has been submitted in letter form to Public Safety Director, Jim Hill. Mr. Herrick, City Attorney, suggested copies of this letter be made available to the Councilmembers and to Mr. Pendy, if he so desires a copy. Officer Duncan continued to explain the circumstances resulting in Mr. Pendy's arrest which involved a domestic situation where Mr. Pendy's wife signed a complaint and Police Officers were sent to Mr. Pendy's residence. As a result of incidences which took place when the officer•s arrived, Mr. Pendy was arrested and charged H�ith obstructing legal process and resisting arrest. Mayor Nee question how thie information relates to the City Ordinance. Officer Duncan explained the ordinance requires Mr. Pendy to obtain a bartender's license to dispense liquor in the City, and a background check is required. Mayor Nee questioned if the ordinance prohibits the employment of a person with such a record as Mr. Pendy's. Officer Duncan stated it may indicate to him the problem Mr. Pendy had with the Brooklyn Park Police Department could be contributed to the consumption of alcohol and being a bartender at an establishment may lead to a similar situation. I i I i. -- - -_ _..._. _ _ _ _ _--...__._ _ _ _._1 � I � I il � � � � � 1 �� I ' 2y1 REGULAR MEETING OF MARCH 21, 1977 PAGE 5 Mr. Pendy stated it was an oversight on his part in not filling out the portion of _ the apptication relating to arrests. He stated the facts leading to his arrest involved a personal domestic problem. He indicated the Brooklyn Park Police report does not say he was intoxicated, but that there was a smell of alcohol. He stated, at the time of the arrest, he was having family problems and the charge was dropped by his wife. `; He indicated he had no intentions of hiding the fact he was arrested and the Brooklyn Park Police Officers were trying to enter his apartment, while he was willing to talk �• with them in the hallway. He stated he meant no harm to the Police Officers and while � they were trying to move him away from the door, he was choked; and in attempting to ! get air, did shove a Police Officer. i , Mr. Pendy stated his previous work background which was at Johnsiville Meat Packing and at University Park as a bouncer and also a bartender. Mr. Anthony Nicklow, representing George Is In Fridley, stated he has had no problems with Mr. Pendy since his employment, he gets along well with the customers, is prompt, and he is pleased with his work. Councilman Fitzpatrick felt there was a difference in circumstances whereby they are considering a bartender's license for someone who is already employed in the field vs. considering a license for someone who wants to enter the field. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Council- woman Kukowski. Motion was ruled out-of-order by Mayor Nee since it was not asked if other persons in the audience had any comments. Councilman Schneider questioned Mr. Pendy if he was in complete control of his senses at the time of his arrest. Mr. Pendy indicated he had been drinking, and was not in complete control or else he would �ot be in this predicament. ` Mr. Herrick, City Attorney, stated, in discussing this matter with Mr. Hill, he indicated one of his concerns was that apparently Mr. Pendy had showed a propensity for violence; and coupled with the fact that the application was not completed, felt he could not recommend the granting of th� license. Therefore, it is before the Council for a hearing. Mr. Herrick stated, basically, there is concern with the fact that licenses should not be allowed to persons who may not be able to control their temper, particularly in a bartender's job. Mr. Pendy stated, when he was working for Spring Lake Park at University Park, he cooperated with the Police Department in keeping down disturbances in the bar. He suggested the Spring Lake Park Police Department be contacted. Officer Duncan indicated a check would be made with his former employers and the Spring Lake Park Police Department and information received would be furnished to Mr. Pendy and the Council. MOTION by Councilman Fitzpatrick to continue this hearing to the next regular Council meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ; Councilman Hamernik asked Mr. Nicklow from George Is In Restaurant if it was comnon � practice for them not to require their barienders to obtain a license if they were � hired in the middle of the year. Mr. Nicklow stated he was not aware they had to be submitted at the time they were employed. ' ' ' � ; CONSIDERATION AF FIRST READING OF ANIMAL CONTROL ORDINANCE: i This ordinance was discussed by the Council with various questions raised on several i sections of the ordinance. Some of the questions raised were on kennels, distance of dog runs from building structures, number of animals being kept at a residence which constitute a kennel, and incentive for neutering of animals, which is not included : or part of the ordinance at this time. MOTION by Councilman fitzpatrick to discuss this ordinance at the Conference Meeting ; on March 28, 1977. Seconded by Councilman Hamernik. � *as aroended 4/18/77 i y I � � - ----- �_...---- �— — � - -- — � � _. � i , 2�? REGULAR MEETING OF MARCH 21, 1977 PAGE 6 . Mr. Nick Garaffa, 6750 Monroe Street, commented on Section 302.03, Nuisance, Items 4 and 6 of the ordinance. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick suggested the Animal Control Officer be present at the Conference Meeting to answer any questions the Council may have regarding this ordinance. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETIN� OF MARCH 9, 1977: Councilman : Schneider raised the point of advising residents, when receiving a notice of public hearing on plats, that if the plat is approved, it could result in assess- ments to their property. He cited the case of the Deleier Addition plat where he felt residents were unaware this plat would result in assessments to their property. Cou��cilman Schneider indicated he did not want to put the Planning Commission in the position of answering questions on assessments, but felt residents should be aware there may be an assessment involved. The City Attorney, Mr. Herrick, suggested possibly the notice of hearing before the Council could contain information to this effect. The City Manager, Mr. Qureshi, indicated if this is a concern on the Council's part and they feel strongly, information to indicate the plat may.result in assessments could be contained in the hearing notices before the Council. This matter will be handled by the City administration. MOTION by Councilwoman Y,ukowski to receive the minutes of the Planning Commission Dleeting of March 9, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMPIISSION MEETINr, OF FFBRUARY 15, 1977: MOTION by Councilman Hamernik to receive the minutes of the Charter Commission Meeting of February 15, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared th� motion carried unanimously. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF FEBRUARY 24, 1977: The Council received the minutes of the Cable Television Commission Meeting of February 24, 1977 and considered the recommendation from the Coir�nission to send a staff repre- sentative to the Nation Convention in Chicago, April 17 - 20, 1977. Councilman Hamernik questioned the function of the Nation Cable Television Associaiion. Mr. John Bjergen, from General Television, explained the National Association deals with shows, productions, some engineering developments, and new merchandise on the market. He felt it was industrial related, but would give a person an opportunity to talk with others involved in cable television. Councilman Schneider questioned if there was a similar association more consumer oriented and Mr. Bjergen stated he was not aware of any others at this time. Mr. Herrick, City Attorney, felt it may be helpful to obtain an agenda for this convention for the staff's review. All Councilmembers felt it would be beneficial to send a staff representative to this convention. MOTION by Councilman Schneider to receive the minutes of the Cab1e Television Comnission Meeting of February 24, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. Mayor Nee stated the Cable Television Commission reuqested a meeting with the Council on March 30, 1977 and all Councilmembers indicated this was acceptable to them. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE CONiMISSION MEETING OF fEBRUARY 9, 1977: MOTION by Councilman Hamernik to receive the Police Civil Service Commission Minutes of February 9, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin5 aye, Mayor Nee declared the motion carried unanimously. 1 � � � • � ' � �--- _ ____ ___�.__ _-----_____._���.._ _---__-____------------------ _.___ _ . _ _� _ _ �, � �. � I `� II � II � �i REGULAR MEETING OF MARCH 21, 1977 PAGE 5 Mr. Pendy stated it was an oversight on his part in not filling out the portion of the application relating to arrests. He stated the facts leading to his arrest involved a personal domestic problem. He indicated the Brooklyn Park Police report does not say he was intoxicated, but that there was a smell of alcohol. Ne stated, at the time of the arrest, he was having family problems and the charge was dropped by his wife. He indicated he had no intentions of hiding the fact he was arrested and the Brooklyn Park Police Officers were trying to enter his apartment, while he was willing to talk with them in the hallway. He stated he meant no harm to the Police Officers and while they were trying to move him away from the door, he was choked; and in attem�ting to get air, did shove a Police Officer. Mr. Pendy stated his previous work background which was at Johnsiville Meat Packing and at University Park as a bouncer and also a bartender. Mr. Anthony PJicklow, representing George Is In Fridley, stated he has had no problems with Mr. Pendy since his employment, he gets along well with the customers, is prompt, and he is pleased with his work. Councilman Fitzpatrick felt there was a difference in circumstances whereby they are considering a bartender's license for someone who is already employed in the field vs. considering a license for someone who wants to enter the field. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Council- woman Kukowski. Motion was ruled out-of-order by Mayor Nee since it was not asked if other persons in the audience had any comments. Councilman Schneider questioned Mr. Pendy if he was in complete control of his senses at the time of his arrest. Mr. Pendy indicated he had been drinking, and was not in complete control or else he would be in this predicament. 1 ! Mr. Herrick, City Attorney, stated, in discussing this niatter with Mr. Hill, he indicated � one of his concerns was that apparently Mr. Pendy had showed a propensity for violence; and coupled 4iith the fact that the application was not completed, felt he could not recommend the granting of th� license. Therefore, it is before the Council for a hearing � u Mr. Herrick stated, basically, there is concern with the fact that licenses should not be allowed to persons who may not be able to control their temper, particularly in a bartender's job. Mr. Pendy stated, when he �•�as working for Spring Lake Park at University Park, he cooperated with the Police Department in keeping down disturbances in the bar. He suggested the Spring l.ake Park Police Department be contacted. Officer Duncan indicated a check would be made with his former employers and the Spring Lake Park Police Department and information received would be furnished to Mr. Pendy and the Council. MOTION by Councilman Fitzpatrick to continue this hearing to the next regular Council meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; Councilman Hamernik asked Mr. Nicklow from George Is In Restaurant if it was common � ; practice for them not to require their bartenders to obtain a license if they were j hired in the middle of the year. Mr. Nicklow stated he was not aware they had to be ; submitted at the time they were employed. I � � �. CONSIDERATION OF FIRST READING OF ANIMAL CONTROL ORDINANCE: This ordinance was discussed by the Council with various questions raised on several sections of the ordinance. Some of the questions raised were on kennels, distance of dog runs from building structures, number of animals being kept at a residence which constitute a kennel, and incentive for neutering of animals, which is not included or part of the ordinance at this time. MOTION by Councilman Fitzpatrick to discuss this ordinance at the Conference Meeting on March 28, 1977. Seconded by Councilman Hamernik. � � i � � - -- 29i REGULAR MEETING OF MARCH 2l, 1977 , ' .� � PAGE 6 �' r Mr. Nick Garaffa, 6750 Monroe Street, commented on Section 302.03, Nuisance, Items 4 and 6 of the ordinance. t1PON A VOICE VQTE TAKEM ON THE h10TI0N, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick suggested the Animal Control Officer be present at the Conference Meeting to answer any questions the Council may have regarding this ordinance. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETINf, Of MARCH 9, 1977: Councilman : Schneider raised the point of advising residents, when receiving a notice of public hearing on plats, that if the plat is approved, it could result in assess- ments to their property. Ne cited the case of the Deleier Addition plat where he felt residents were unaware this plat would result in assessments to their property. Councilman Schneider indicated he did not want to put the Planning Commission in the position of answering questions on assessments, but felt residents should be aware.there may be an assessment invo7ved, The City Attorney, Mr. Herrick, suggested possibly the notice of hearing before the Council could contain information to this effect. The City Manager, Mr. Qureshi, indicated if this is a concern on the Council's part and they feel strongly, information to indicate the plat may result in assessments could be contained in the hearing notices before the Council. This matter will be hand7ed by the City administration. MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission Pteeting of March 9, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motien carried unanimous]y. RECEIVING THE MINUTES OF THE CHARTER COD1h1ISSI0N MEETING OF FEBRUARY 15. 1977: ' MOTION by Councilman Hamernik to receive the minutes of the Charter Commission Meeting of February 75, ]977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINllTES OF THE CAELE TELEVISION COMMISSION MEETING OF FEBRUARY 24, 1977: The Council received the minutes of the Cable Television Commission Meeting of February 24, 1977 and considered the recommendation from the Comnission to send a staff repre- sentative to the Nation Convention in Chicago, April 17 - 20, 1977, Councilman Hamernik questioned the function of the Nation Cable Television Rssociation. Mr. John Bjergen, from General Television, explained the National Association deals with shows, productions, some engineering develooments, and new merchandise on the market. He felt it was industrial related, but would give a person an opportunity to talk with others involved in cabie television. Councilman Schneider questioned if there was a similar association more consumer oriented and Mr. Bjergen stated he was not aware of any others at this time. Mr. Nerrick, City Attorney, felt it may be helpful to obtain an agenda for this convention for the staff's review. All Councilmembers felt it would be beneficial to send a staff representative to this convention. MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of February 24, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated the Cable Television Commission reuqested a meeting with the Council on March 30, 1977 and all Councilmembers indicated this was acceptable to them. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF FEBRUARY 9 1977: MOTION by Councilman Hamernik to receive the Police Civil�Service Commission Minutes of February 9, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; � 29Ct REGULAR MEETING OF MARCH 21, 1977 PAGE 8 Mr. Nick Garaffa, 6750 Monroe Street, felt the City is experimenting with different types of equipment and first shouid have the backup materials. He felt the Council was acting as a quasi-purchasing agent by approving the request for bids. hiayor Nee.indicated the amount of information they had received from the staff concerning this item, but that Mr. Garaffa's point was well taken. Mr. Qureshi stated there are a number of new innovations the City is trying to minimize labor costs and the equipment is scrutinized, as Mr. Garaffa suggests. LICENSES: MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl,y. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 401 through 620 Seconded by Councilwoman Kukowski. Councilman Schneider had a question on the claim numbers. Mr. Brunsell, Finance � Director, stated the check numbers in the agenda are the pre-printed numbers on the checks. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. , COMMUNICATIONS: MINNESOTA DEPARTMENT OF TRANSPORTATION: PEDESTRIAN OVERPASS A7 MISSISSIPPI AND T.H, 47: MOTION by Councilman Hamernik to receive the letter from the Minnesota Department of Transportation regarding the pedestriap overpass at Mississippi Street and T.H. 47. Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. The City staff was requested to take note of the comments of the Department of Transportation regarding application through the Metropolitan Council for FederaT aid in construction of an overpass. REQUEST FROM SPRINGBROOK NATURE FOUNDATION REGARDING CITY MAILTN6: Mayor Nee stated a request was received from the Springbrook Nature Foundation for permission for them to include a flyer, with the City mailing, to advertise their lecture series. Mayor Nee stated Spr9ngbrook Nature Foundation would pay any costs to include this flyer. Springbrook Nature Foundation felt the advertising would promote greater ticket sales and increase the revenue to the Foundation. Mayor Nee stated, because past practices have limited this mailing strictly to City information, the City Planager felt guidelines would be necessary if this mailing was allowed. This item, therefore, is before Council for their action. Mr. Qureshi indicated he would like clear direction from the Council, if they wish to approve this mailing, so that they would know how to proceed. He felt, if this maiiing was approved, many other requests may be received resulting in a large volume of materials being sent with the City mailing and thereby reducing the effectiveness of City mailing. Councilman Fitzpatrick didn't feel many organizations would pursue this method of mailing because of the costs. � I � � — — — � II I REGULAR MEETING OF MARCH 21, 1477 II ' I ' . �:7J � I PAGE 9 I Councilmaln Schneider felt there is concern on how to get people involved and how to I corr�nunicate and felt this would help communications. He shared the City Manager's � concern about losing the effectiveness of the City mailing, but felt it would not be used extensively because of the cost. ! The City Attorney, Mr. Herrick, suggested possibly some space might be set aside � in the City publication for organizations to announce upcoming events taking , place wit�in the next several months. � I MOTION by Councilman Hamernik to direct the City staff to contact the Springbrook � Nature Foundation and in this particular instance, they be allowed to mail their flyer � with the ICity mailing, if they wish to pay for all costs involved; and further, the � City staff be instructed to investigate the suggestion of the City Attorney for a , community calendar in the City publication which would include notices of public events for non-profit organizations only, and be limited to orle notice of an event per organization. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee j declared the motion carried unanimously. DISCUSSION - TEEN CENTER: � � Councilwoman Kukowski reported the person they intended to hire as Director of the � Teen Center is not able to accept the position. She indicated they are hoping to i find a Director as soon as possible. ' j Councilwo�nan Kukowski also requested the staff to check into the installation of a + telephone at the Teen Ce�ter. ' ADJOIlRNMEN7 : ! MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman i Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried i unanimously and the Regular Meeting of the Fridley City Council of March 21, 1977 I adjourned at 10:30 P.M. � Respectfully submitted, ,i � • -d�t.,� � -G�✓.-l�_ Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor i , _ _ _ . �______ .___---------- ___._..�____._______---.--- - i � � ME�O T0: DEPART�ENT HEADS • Follo�,ing are the "ACTIONS NEEDED". Please have your answers in the City Manaye office by Wednesday Noon, March 30, 1977. Thank you �RIDLEY CITY CO�P�CIL — REGULAR COUNCIL MEETIUG — MARCH 21, 1�77 — 7:3� P,M, PLEDGE OF ALLEGIANCE: ROLL CALLc ALL PRE�ENT APPROVAL QF MIiVUTES: PUBL�C HEARING �EETING, FEBRUARY 14, 1977 APP�OVED REGU4AR MEETING, FEBRUARY 2$, 1977 AP�ROVED REGULAR �EETING, MARCH 7, 1977 APPROVED WITH THE STIPULATION THAT THE TAPES OF THE P1EETING BE KEPT. ADOPTION 0'F AGEfJDA; Added: �equest by Springbrook Nature Center Foundation regarding addition to City Mailing Dliscussion regarding t�he Teen Center OPEiV FORUM� VISITORS: iCONSi�DERATION OF ITEMS NOT ON AGENDA — 15 MINUTES) No Re�ponse � , 1 � �NGINEERING � � � � � � � � � ' FRIDLEY �EGULAR MEETING, f�ARCH �1, 197� P�GE 2 OLD BUSIyESS: CONSIDERaTION OF APPROVA� OF A VARIANCE REQUEST BY BERKELEY PUMP, ISI ELY STREET IV�E� �TABLED 3/7/77)� ��.. 1— 1 D ApproWed with 8 recommends from staff - ACTION fVEEDED: Inform Berkely Pump of approval with stipulations. CONSTDERA�TION OF APPROVAL OF FINAL PLAT SUBDIVISION P�S� #76��5, INNSBRUCK ��ORTH REPLAT 3RD aDDITION, BY DARREI� �i� FARr2 DEVELOPMENT CORP �, GENERALLY LOCATED (�N THE W.EST SIDE OF EAST BAVARIAN PASS AND SOUTH OF MEISTER ROAD �TABLED 12/20/76)� � � � � � � � � � � Z ' Z �1 Request denied NGINEERING ACTION N�EDED: Inform Darrel Farr Development Corp. of Council action ITY MANAGER SECOND R�ADING OF BICYCLE ORDINANCE� � � � � � . � . . . � . 3 — 3 B Ordinance No. 642 adopted with two changes ACTION',NEEDED: Make the two adopted changes in the ordinance and publish . . � � ' FRIDLEY REGULAR MEETI�dG, f1ARCH 21, 1977 PAGE 3 CdEW BUSIiVESS; � i � CITY MANAGER � � , ' GINEERING CONSIDERAiTION OF FINAL APPROVAL OF INDUSTRIAL REVENUE BOND ISSUE--�.�,SOO,OOO FOR SAFETRAN SYSTEMS CORPORATION PROJECT AND CONSIDERA,TIO{� OF A RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MINN�SOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO FINANCE a PROJECT THEREUNDER, SECURED BY PAYMENTS TO BE RECEIVED PURSUANT TO A LEASE AND A P�IORTGAGE OF THE PROJECT AND A PLEDGE AND ASSIGNMENT OF THE CITY�S INTEREST IN THE LEASE ANI� PAYMENTS THEREUNDER TO A TRUSTEE, AND DESIGNA- TING THE CITY REPRESENTATIVE FOR THE PROJECT� ������� �- 4 H Resolution #28-1977 adopted ACTION NEEDED: Mayor and City Manager to execute documents CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S� #76-12, TARGET ADDITIOfV; BY POP SHOPPES OF AMERICA, INC�, BEING A REPL�IT OF PROPERTY GENERALLY LOCATED SOUTH OF I,694, WEST OF TH 65, ��ORTH OF 53Rn AVENUE AND EAST OF TARGET PARKING LOT. � � . � . � � . � . , � . � , . . . . . S Final Plat approved with five stipulations recommend by staff ACTION NEEDED: Notify Pop Shoppes of America of Council approval with stipulations. ' HEARING ON BARTENDER�S LICENSE FOR i'iICHAEL W� PENDY, GEORGE I S I N FR IDLEY � � � � � � � � � � � � � � � , � � Continu�d to next meeting LICE DEPT. ACTION NE�DED: Police Reports are to be sent to Council and Mr. C� 1 . , 6-6B Pendy �NGINEERING , , ENGINEERIN , � � , ' FRIDLE:Y f�EGULAR MEET I NG, f�1ARCH 21, 1977 PAGE 4 NEW Bl1S I(�ESS ( CO��T I NUED) CONSII)ERATION OF FIRST READING OF ANIMAL CONTROL ORDINANCE� To be d�scussed at the Conference Meeting ' RECE P/IN� THE MINUTES OF THE PLANNING COMMISSION �Y�EETING OF ��IAftCH 9. 1977 , , , , , , , , , , , , , , , , , , , , , , Minu�es received. Notice of hearings for plats in the future should state that approval of the plat may have the potential of future assessments due to utility and roadway improvements on the adjoining property. ACTION I�EEDED: Add wording onto plat public hearing notices before TNE City Council as suggested by Council 7-7K S-�T �- �.ECEI�/IN6 THE MINUTES OF TNE CHARTER COMMISSION ��IEETING OF FEI3RUmRY 15, 1977 , , , , , , , , , , , , , , , , , , , , 9 - 9 E Minutes Recieved G ACTION N�EDED: File minutes for future reference. NGINEERING RECEI�JIN� THE MINUTES OF THE CABLE TELEVISION COMMISSION �EETI IVG OF FEBRUARY 24, 1977 � � � � � . . � � � � � � � � . 10 - 10 C Nati��nal Convention in Chicago April 17-20, 1977. ...... 10 C CATV Rec�ommendation: Send staff representative to conv�enti�on Coun��il�Action Required: Consideration of recommendation Minu�es received. Council agreed staff inember could attend convention as r�quested. City Council will meet with Cable TV Commission March 30 as requested. ACTION N�EDED: Make arrangments for staff inember to attend conventions and also�see that arrangements are made for joint meeting. [' , FRIDLEY REGULAR MEETING, MARCN 21, 1977 PAGE 5 � � NEW BUSI�dESS (CONTIiVUED) � � CITY MANAGER � ' � INANCE � RECEIVING POLICE �IVIL $ERVICE �OMMISSION �INUTES OF FEBRUARY 9, 1977 , , , , , , , , , , , , , , , , , , , , , , 11 M=inutes received ACTION NEEDED: File minutes for future reference DISCUSSIO!N ON PROPOSED LEGISLATION REGARDING ELECTIONS i$ENATE FILE 350) � � � � � � � � � � � . . � . � � . � � � � IZ — 12 B Tabled indefinitely. ACTIQN NEFDED: Supply the information received from the League to the City Council � CONSID�ERaTION OF A RESOLUTION SUPPORTING THE RECOMMENDATIONS , OF THE: INTER—COUNTY AD HOC COMMITTEE 0(v 911 FINANCING� ��� 13 Resolution #29-1977 adopted ITY MANAGER ACTIOPJ NE�DED: Forward certified copies of reso7ution on to State Legislators � � �tdANCE � ' � CONSIL►ERPITION OF A RESOLUTION AUTHORIZING COMBINING STORM � SEWER PRqJECT �IZO WITH REVOLVING FUND � � � � . � � � � � , 14 — 14 A Reso7ution #30-1977 adopted ACTION NEEDED: Proceed as authorized � ' 1 � , NGINEERING ' i �NGINEERING 1- �INANCE � ' FINANCE � . � , �ITY MGR. ' 1 ' FRIDLEY R!'�GULAR �1EETING, h1AR�H 21, 1977 PAGE 6 NEW BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, FINAL PLANS, SP�;ECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: � SEWER, WA�TER AND STORM SEWER �IZ1� � � � � � � � � � � � � , 15 Resolution No. 31-1977 adopted ' ACTIQN NIEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR A SANITARY SEWER VACUUM PUMP� � � � � � � � � � � . � � � � Ib - 16 A RE�solution No. 32-1977 adopted ACTION NEEDED: Proceed with advertising for bids LICENSES, , , , , , , , , , , , , , , , , , , , , , , , , , 17 - 17 T Approwed ;as presented ACTION NEEbED: Issue licenses �LAIMS� � � � � � � . � � � � � � � � � � � � � . � � � � � � l� Appro��ed ,�s presented ACTION PdEtD�D: Pay claims. Check on claim numbers and have information for confererice meeti ng COMMUf�I I CAiT I ONS : MINN� DEF'T� OF TRANSPORTATION: PEDESTRIAN OVERPASS AT h�1SSI��SIPPI AND T�ii, 47� � . . � � � � � � �� � � � � � � � � 1� - 19 C Communication received SPRINGFiR00K NATURE CENTER FOUNDATION: CITY MAILING. Request approved subject to Foundatiqn paying any extra costs. Check further on wishes of Foundation. DISCUSSION�REGARDING TEEN CENTER: A report was given. No action taken r ADJOUF;N : � FRIDLEY CITY COUNCIL MEETING ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: `� %' 'NAME ADDRESS ITEM NUMBER ______ ____________ __ ________________________________________________________________________- r,-� � � � ,~ _, � : � / , . ' ' r: � : _ �-� ^� � G x �! 6vG � / � `_� -�J i � . n' � � / _ � ��g7 �+ �� � � � ` � � �� � s ��' , �,�- 1 .- ,;, _ C � " ?'x�/� v Ci—' ', �_� i C". r3.� �,�z,,,,,, i?�s .�z ,o cc� Z � "` .� � 1 � ��_ � � � ���-"^, �✓ � T/?;.9 .s /�.4'Y /Jf,i.c� � i' ' � , . � /.t/,� �. +D . c.r/-u�t'.G 7�s 3 �� ✓.0 r 1% ��d 4� �l r �, j � � �� �r s � � � :� �,/,� ;� ; . � � �.�� " "U� � ✓/�'����� �.n� � �l ��" tti-<Z �; ' / �- � • / � �C � G/.�� �(�2 /C%G � �) .,L,, � L � ' y � � � . �� �=',�L� �'l � G —�a �6 �y �� G Q S T /� / i ; �-G�� ` � � ,� � � K_- -�'' r ' � �f :. i`' . ' - - - . <.fi . _' c:.. .%..- � F�IDLEY CITY COUfdCiL — REGl1LAR COUfdCIL MEETIi G—(�ARCN 21, 1y77 — 7:30 P,M. PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF MIi�UTES: PUBL'IC iiEARING MEETING, FEBRUARY 14, 1977 REGIl�LAR M�ETING, FEBRUARY Z�, 1977 R.EGI�'LAR ��EET I NG, �ARCH �, 1977 ADOPTIOiJ OF AGEP�DA: OPEiV F�ORi1f��, VISITORS: �,CONSIDERATION OF ITEMS NQT ON AGENDA - IS MINUTES) ► FRIDLE'Y REG! LAR MEETING, f�1ARCH �1, 1977 PaGE 2 OLD BUSI�ES�: CONSIDERATION OF APPROVAL OF A VARIANCE REQUEST BY BERKELEY pUMP, 1�1 ELY STREET I��E� �TABLED 3/7/77)� ���� 1-�. � CONSIDERATIpN OF APPROVAL OF FINAL PLAT SUBDIVISION P�S� #76-05, INNSBRUCK ��ORTH REPLAT 3RD ADDITION, BY DARREL' �1,� FARR DEVELOPMENT CORP„ GENERALLY LOCATED ON ?fHE WEST SIDE OF EAST BAVARIAN PASS AND SOUTH OF ME'ISTER ROAD �TABLED 12/ZO/76)� � � � � � � � � � � 2 - Z �1 SECOND READ'ING OF BICYCLE ORDINANCE� � � � � � � � � � � � , 3 - 3 B i � � FRIDLEY R�GIJLAR MEETI�dG, f•1ARCH 2J., 1977 fdEW BUS I iV�S� ; CONSIDERAtION OF FINAL APPROVAL UF INDUSTRIAL REVENUE BOND ISSUE--�IySQO,OOO FOR SAFETRAN SYSTEMS CORPORATION PROJECT AND ' � CONSIDERATION OF A RESOLUTION AUTHORIZING THE SALE AND ISSUANCE bFIINDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MINNE�OI�A MUNICIPAL INDUSTRIAL DE�lELOPMENT ACT TO FINANCE A'PROJECT THEREUNDER, SECURED BY PAYMENTS TO BE RECEIVED PUf�SUANT TO A LEASE AND A ��IORTGAGE OF THE PROJECT AND A PLEDG� AND ASSIGNMENT OF THE CITY�S INTEREST IN THE LEASE AND'PPiYMENTS THEREUNDER TO A TRUSTEE, AND DESIGNA- TING THE CIfY REPRESENTATIVE FOR THE PROJECT� ������� PAGE 3 4-4H CONSIDERATIO,N OF APPROVAL OF FINAL PLAT SUBDIVISION P�S� #%6-J:2,' TARGET ADDITION; BY POP SHOPPES OF AMERICA, INC „ BEING'!A REPLAT OF PROPERTY GENERALLY LOCATED SOUTH OF 1�694, WEST OF TH 65, ��ORTH OF 53RD AVENUE AND EAST OF TARGET PAf�KI'�,NG LOT � � � � � � � � � � � � � � � � � � � � � 5 0 NEARING ON B,�ARTENDER�S LICENSE FOR P��1CHAEL W� PENDY, �EORGE I S I N! FR IDLEY � � � . � � . � � � � � � � � � . � � � 6 - 6 B I F FRIDLEY R�GULAR MEETING, (�1ARCN 21, 1977 PAGE 4 NEW BUS I N�SS ( CO��T I iVUED) CONSIDERATIQN OF FIRST READING OF ANIMAL CONTROL QRDINANCE� %-% K RECEIVING THiE MINUTES OF THE PLANNING COMMISSION I��EETING OF ��IARCH �. ! 1977 , , , , , . , , � , , , , , , , , , , , , , 3 - � T REC�IVING THE MINUTES OF THE CHARTER COMMISSION ��IEETING - oF FEBRUaRY' �5, 1977, , , , , , , , , , , , , , , , , , , , 9 - J E II � RECEIVING TIHE MINUTES OF THE CABLE TELEVISION COMMISSION �EETI NG OF IFEBRUARY �4, 1977 � � � � � � � � � � � � � � � � l� - 1� � National'Ca',nvention in Chicago April 17-20, 1977. ...... 10 C CATV Recommendation: Send staff representative to con tinev an ''� Council I�c�ion Required: Consideration of recommendation � FRIDLEY R�G�LAR MEETING, �1ARCH 21, 1977 NEW BUSIid�S$ (CONTIidUED) PAGE 5 RECEIVING PQLICE �IVIL $ERVICE �OMMISSION I�INUTES OF FEBRUARY �, ',1977, , , , , , , , , , , , , , , , , , , , , , 11 DISCUSSION �N PROPOSED LEGISLATION REGARDING ELECTIONS �SENATE FI L� 35�) � � � � � � � � � � � � � � � � � � � � � � 12 — 12 B �, CONSIDERATI�R� OF A RESOLUTION SUPPORTING THE RECOMMENDATIONS OF THE INTE�2-�OUNTY AD HOC �OMMITTEE ON 911 FINANCING� ��� 13 CONSIDERA;TI'�ON OF A RESOLUTION AUTHORIZING COMBINING STORM SEWER PRQJE��CT �IZO WITH REVOLVING FUND � � � � � � � � � � . 14 — 14 A N I, � � FRIDLEY R�GI�LAR MEETING, h1ARCH 21, 1�77 � PAGE 6 1 ---- --- - NEW BUSI(VES� (CONTINUED) � CONSIDERATIQN OF A RESOLUTION ORDERING IMPROVEMENT, FINAL PLANS, SP�C�FICATIONS AND ESTIMATES OF THE COSTS THEREOF: � SEWER, WA�'Ef� AND STORM SEWER �#121 � � � � � � � � � � � � � � 15 ' '', � ' �� CONSIDERA'fIt�N OF A RESOLUTION TC ADVERTISE FOR BIDS FOR _ A SANITAR�' �EWER �ACUUM PUMP� � � � � � � � � � � � � � � � Ib 16 A � I � 1 LI CENSES , , , , , , , , , , , , , , , , , , , , , , , , , , 17 - 17 T � ' � , ,, �LAIMS � � � ' � � � � � � � � � � � � � � � � � � � � � � � � 1� � ' - ; i ' COMMUNICATI�NS: MINN� DEPT�IOF TRANSPORTATION: PEDESTRIAN OVERPASS AT ' h�1SSISSIPPI I AND T�ii, 4%� � � � � � � � � � � � � � � � � � � 1� - l� � , I�, ' � ' ADJOURN: , � I'� _ Il _.... _. _ _ . . j �� (� TNE MINUTES OF'�THE FUQLIC HEARING t�1E[TING OF THE fRIDLEY CITY COUNCIL �F FEBRUARY 14, 1977 The Public Nearing Meeting of the Fridley City Council of February 14, 1977 was called to order at 7:32 p.m. by h1ayor Nee. PLEDGE UF ALLEGIANCE: .� — Mayor Nee led 'the Council and the audience in the Pledge of Allegiance to the Flag. ROLL C�1LL: ' MEMBERS PRES�NT P1ayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilwoman Kukowski MEMQERS aBSENT: None ADOPTION OF AG�NDA: Mayor Nee stated he would like to add two items to the agenda as Items 11 and 12. Item 11 being the "�onsideration of a Resolution Approving the Pr•e-application for a Community devejopment Block Grant" and Item 12 being "Consideration of a Resolution Approving Additional Compensation for Certain Personnel Who Gave Extensive Service During the Strike." A discussion regarding filling the two vacancies of police officers in the Police Department, and a discussion of proposed legislation regarding assessments for Home Improvements were also added. MOTION by Coun�ilman Hamernik to adopt the agenda as amended. Seconded by Council- woman Kukowski: Upon a voice vote, all voting �ye, Mayor Nee declared the motion carried unanimmusly. PU[3LIC HEARING$: PUBLIC HEARINGjON VACATION REQUEST STREET AND ALLEY VACA7ION SAV '-`76-07 BY CITY OF fRIDLEY; GENER,�IL—LY LOCATED ON TALMADGE LANE A�1�D 75TH WAY: MOTIOW by Coun�ilwoman Kukou!ski to waive the reading of the Public Hearing notice and open the Pub1iC Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ma,�or Nee declared the motion carried unanimously and the Public Hearing opened at 7:35I,p.m. Mr. Dick SobieQh, Public Works Director, explained this public hearing is a formal procedure requjred under the Cii.y Charter and ordinances regarding vacation of property. Ne stated the Council previously approved an agreement with the St. Paul Water Works for vacation of property in consideration for additional roadway easements. Mr. Sobiech explained the parties affected in i:his case are the City and St. Paul Water Works'. � No persons in �he audience spoke for or against this vacation request. MOTION by Couneilman Fitzpatrick to close the Public Hearing on the vacation request. Seconded by Co4ncilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mdtion carried unanimously and the Public Hearing closed at 7:40 p.m. PUBLIC HEARIlv�d FRIDLEY`S_COh1MUNITY UEVELOPMENT BLOCK GRANT PRE-APPIICATION THROUGH MOTION by Coundilman Schneider to waive the reading of the Public Hearing notice and open the P��bli!: Nearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting �ye,, hlayor Nee declared the motion carried unanimously and the Public Heariny opened;at 7:4G p.m. � zbu PUBLIC HEARING MEETING OF FEBRUARY 14, 1977 PAGE 2 Mr. Jerry Boardman, City Planner, explained a meeting was held with the Office of Housing and Urban Development in January regarding the Community Development Block Grant Program ard Staff made a decision as to what the pre-application should contain. Mr. Boardman explained that a public informational meeting �vas conducted and the pubiic hearing was held before the Planning Commission regarding this pre-application. The public hearing is being held this evening as the pre-application must be submitted by February 18, 1977. Mr. Boardman reviewed the criteria used by HUD in reviewing pre-applications and determining eligibility. He explained the two focus areas in Fridley meet the requirements and the criteria that, in order to qualify for any rehabilitation grant programs, there must have been a street improvement program N�ithin a three year period. He stated HUD's method for determining eligibility for the grant is based on how it affects low and moderate income families. The program proposed by the City includes housing maintenance, rehabilitation grants and a rehabilitation resource center which amounts to a$130,000 grant applied for through the Office of Housing and Urban Development. Mr. Boardman reviewed some proposals on how the grant would be used, if it was approved by HUD. Councilman Hamernik questioned what percentage of the residents in focus area No. 1 live in dwellings that are owner occupied. Mr. Boardman replied there were 176 residential structures in that area, 113 of which were owner-occupied units. Mr. Boardman stated the Planning Commission recommended approval of the pre-application by a three to two vote 4aith mcdi`ications. He noted two members of the Commission Nrished the pre-apalicatiun submitte� as presented. Three members of the Cominission wanted the pre-application changed to reflect that those units, N�ithin focus area No. 1 in a C-2 zoning district, vaould not be eligible for any grant monies received. Mr. Boardman explained about 40°� of the property in focus area No. 1 is zoned C-2. He stated some of the Planning Commission members felt by putting monies for improvement into a C-2 zoning district, it is extendirig a problem that is already existing; and if the property does develop commercially, it would be a wasie putting improvements into the existing residential properties. Mr. Boardman commented he did not feel focus area No. 1 suitable for commercial development and that the road patterns are not good for commercial zoninq. He stated, if the City proceeds with the streei improvements proposed for this area, he feels they are committing the area to residential development. Mr. Al Gabel, 5947 2%2 Street N.E., stated most of the residents in the area would like to have the property zoned back to multiple residential. He spoke in favor of the pre-application for the Community Development Block Grant and felt it would be helpful to upgrade the area. He stated their area should not be left out of the pre-application to HUD because the zoning was commercial. Mr. Nick Garaffa, 6750 Monroe Street N.E., questioned whether non-owner occupied dwellings �vould be eligible for funds under this grant. Mr. Boardman explained only owner-occupied units would be eligible and must also meet the income requirements. Mr. Garaffa questioned out of the 113 owner-occupied units in focus area No. 1 how many were in a C-2 zoning district. Mr, Qoardman repl�ed about 35 - 40%. Mr. Garaffa stated he felt there was only a small portion of the area that is zoned comnercial and indicated he was in favor of this E�re-application including the C-2 area. ' � � r � � ' ' � � � � t � � ' � � L__l � L� , , -- � r,itl PUBLIC HEARIryG MEETING OF FEBRUARY 14, 1977 PAGE 3 Councilman Filtzpatrick agreed ��1ith the Plannin� Commission as far as answering the question of �he zoning; however he felt applying for the grant, by excluding the C-2 ar�a, would not really serve the purpose. Mr. 8oardman�explained under the G-2 zoning, a resident can legally make repairs to his residenc� and increase the livability, but they could not expand. Mayor Plee stdted he hoped within the next several months some options could be given to theiresidents regarding the zoning. Councilman Fitzpatrick felt there is the possibility of residents of the area initiating a�,request for rezoning. Councilman H�mernik felt, by taking the position of the Planning Commission, there may be some �ction on the part of the residents to take the initiative to obtain a resolu±ion of the problem. Councilwaman'Kukowski stated she understood there is a petition for rezoning circulating the area at the present time. Councilman S hneider felt by eliminating the C-2 district, it �,�ould be going contrary to the pUrpo�e of rehabilitating the neighborhood. He stated, as he recalled, the original sta;ff report recommended strongly against zoning coinriercial. Mr. Boardmanllstated he would prefer the pre-application to include the commercial zoning becau,�se of the problem it would create in obtaining new figures. Ne stated, by the time ,`the full application is submitted, amendments could be made to the pre-appl�cat;ion if it was necessary. Mr. Gara�fa',felt the residents in the C-2 area would have a more livable home if the grant waS re!ceived and imorovements made, and would increase the value of their property if it waS atl some time sold for commercial purposes. Mr. Boardmarj' explained by improving residential propert,y it would increase the value of the prop�rty thereby increasing the life span for it to remain as residential. MOTION by Cqunci.lman Fitzpatrick to close the Public Hearing on the Community De��elep- ment Block Qrant Pre-application. Seconded by Councilwoman Kukowski. Upon a voice vote, all vqting aye, 1�layor Nee declared the motion carried unanimously and the Public Nearing clo5ed at R:25 p.m, OLO BUSINESS: ORDZNANCE Nq. 632 - REZONIPlG REQUEST, ZONIhG ORDINI�P,CE AME�JDMEN7 ZOA #`76-06, BY r_Gnar_�rn in�TFi rn!r ��nn n�urN STRF�T_ T(1 RF7f)NF FRf1M F•1-2 to C-7_: MOTIOfJ by Cc�uncilman Fitzpatrick to waive the second reading of Ordinance No. 632 and adopt it oni�the second reading, and publish. Seconded by Councilman Schneider. Upon a voice vot�, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 633 - AMENDING CHAPTER 211 OF TNE FRIDLEY CITY COGE PERTAINING TO PUBLIC nnrnc rnn i�ciionrvTCtnni. MOTION by C�imcilman Hamernik to waive the second reading of Ordinance P�o. 633 and adopt it� onithe second reading, ano publish. Seconded by Councilwoman Kukowski. Upon a voic� vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINA�CE N 634 - REZONING REQUEST, ZONING CRDINANCE APiENDftENT ZOA ,#76-07, BY ROQERT -----� ------ SCHROER, T0� RE7_ONF THE AP,EI� BETWEEid 77TH AND 79TN AVEfJUES O;J THE EP.ST SIDE OF RANCF!FRS nvr�� rrcur� rirc. w �•i-i. i ' . MOTION 6y Cbuncilman Hamernik to waive the second reading of Ordinance No. 634 and ' adopt i$ on'',the second reading, and publish. Seconded by Councilman Schneider. Upon a voice vot�, all voting aye, Mayor Nee declared the motion carried unanimously. ��� i ' PUBLIC HEARING P1EETING OF FE[3RUARY 14, 1977 � i . ' PAGE 4 NSIDERATION OF APPROVAL OF LOT SPLIT L.S. '�76-11, ROBER7 SCHROER, TO SPLIT OF� THE UTHERLY 160 F[ET OF LOT g, 6LOCK 2, EAST RANCH ESTATES 2ND ADDITION; 7875 AND o� unniruGO�c ennn. Mr. Dick Sobiech, Public Works Director, explained this request is to split Lot 8, Block 2 of East Ranch Estates 2nd Addition into two parcels. He stated no setback is required as there will be a common wall between the two buildings. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and approve Lot Split °76-11 as filed by Robert Schroer. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW 6USINESS: RESOLUTION N0. 16-1977 - REQUESTIPdG THE ANOKA COUPdTY COMMISSIOfv'ERS TO MAKE SAFETY IMPROVEMENTS AT THE INTERSECTIOfJ OF OSBORNE ROAD AND EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to adopt Resolution N0. 1F-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 17-1977 - REQUESTI�lG THAT THE MINfdESOTA D[PART"4ENT OF TRAP�SPORTATIOP� CONSTP.UCT A PEDESTRIAN OVERPASS ON T.H. #47 AT I�ISSISSIPPI STREET: MOTION by Councilman Hamernik to adopt Resolution No. 17-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider questioned the method of funding this overpass. Mr. Sobiech st«ted it is hoped about 7C� of the funding would come from the Highway Depa�,tment and possibly obtain County participation. Mr. Qureshi, City Manager, explained if the Nighway Department does proceed with the overpass, a proposal would be submitted on the costs and method of funding. Mr. Nick Garaffa, 6750 Monroe Street, felt the resolution pertained to a pedestrian walkway only and felt provision should be made for a ramp so that bicycles could also use the overpass. Mr. Sobiech explained the resolution does make reference to the City's bikewayJwalkway plan and this vaould be discussed with the Highway Department in the planning stages. RESOLUTION N0. 18-1977 IN SUPPGRT OF HOUS[ FILE 15 I1ND SENATf_ FILE 100; A BILL FOR AN ACT RELATING TO PARKS; APPROPRIATING MON[Y FOR THE DEVELOPP1ENT OF RECREATIONAL FACILITIES FOR 7HE NANDICAPPED AT THE ISLANDS OF PEACE PARK: MOTION Ly Councilwoman Kukowski to adopt Resolution No. 18-1�77. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF THE PURCHASE OF A RECORDING RESUSCI ANNE: Mr. Qureshi, City Manager, explained Fire Chief Aldrich was asked to attend this meeting to explain the need for ±his eGuipment ir the Fira Department and to answer any questions froin the Council. Because of a prior con�riitment, Chief Aldrich was req��estec! to come to the meeting about 9:30 p.m. Since the time vras approximately 8:30 p.m., the Council, therefore, proceeded with the other ite��s of business. RESOLUTION N0. 19-1977 - APPROUING THE PRE-APPLICATION FOR COi�MUNITY DEVELOPMENT BLOCK GRANT�: MOTION by Councilman Fitzpatrick to adopt Resolution No. 19-1977. Seconded by Councilwoman Kukowski. Councilman Hamernik stated, considering the Planning Conimission recommendation, and the fact this area will probably not develop commercially, he felt, if the residents favored zonin� to residential, they could so initiate a petition for rezoning. Councilwoman Kukowski stated hopefully the matter of the zoning will be settled by the time final application is to be made to HUD on the Coinmunity Qlock Grant. � � - - __ _ — -- — _ -- - -- _ _ , _ < _ __ , „� ; �', ' :�,� PU[3LIC HEA'R1N� MEETINf OF FEBRUARY 14, 1977 PAGE 5 � , � � I � j � � � � � UPON A VOICE VOTE taken on the mot�ion to adopt Resolution No. 19-1977, all voted aye, and Mayor Nee�ldeclared the motian carried unanimously. CONSID[RA7ION OF APPROVI�G EXTRA COf4PENSATION FOR CERTAIN PERSONNEL GIVING EXTENSIVE SERVICE DURING TNE STRIKE: Mr. QuresMi, City Manager, explained supervisory staff in the Public Works and Parks and Recredtiqln Departments worked long hours to maintain essential services during the strike and feels the City should ?n some �va,y show its appreciation. He recommended the Council duthorize a special pay of $75 each for these employees. MOTION by Co�uncilman Hamernik to authorize extra compensation in the amount of �75 for these employ�es. Seconded by Councilv�oman Kukowski. Upon a voice vote, all voting aye, Mayor N�e declared the mction carried unanimously. DISCUSSIO'�N R�GaRDING FILLING TN[ TWO VACANCIES OF POLICE OFFICERS IN THE POLICE DEPARTME Mayor Neej st ted that he contacted the Attorney General's office to inquire whether they were go�ng to appeal the District Court's decision regarding the City of Fridley's declaratary ;�udgment about the adoption of the ordinance by the City of Fridley which puts new off6cers in the State Police and Fire PERA. The reason that he did this was because �he �ity is anxious to hire the police officers to fill the two vacancies in the City''�s Police Department. He said that he �•�as unable to get an answer from the appropri� te people in the Attorney General's office. He felt the Police Civil Service Qommission should be advised of the City Council's intent to fill the positions as soon as p�lssible. The City Ma ager, Mr. Qureshi, stated the Police Commission recently had a meeting on this que�,tion and they are reviewing the possibility of either using the existing eligibility',list or conducting a new examination. He explained the hiring of a new Police Offi�er would take six months to a year for training and because of this concern, th�re may be the possibility of hiring an experienced Police Officer. He felt this would 4e the Police Commission's area of responsibility. RESOLUTION 0. 20-1977 - TRANSFER OF FUNDS FROM RESERVE TO FIRE DEPARTMENT ___ .... �-F ���nr�nnnrnir_ orcllC('T �NNF• MOTION by Cpuncilman Fitzpatrick to adopt Resolution No. 20-1977 to purchase a RecordinglResusci Anne for $995. Seconded by Councilman Schneider. Councilman Hamernik stated in talking with a representative of the Anoka County Red Cross> he was advised in order to get full benefit of a unit of this type, it would be necessar'y to have someone vaell trained and who understands the procedure to conduct the trai ni n',g . Councilwomaln Kukowshi felt the unit is important as fire fighters in the Emergency Medical TeG,hnician program were trained and tested on a Recording Resusci Anne and with a unit at the Fire Department it would not only enable them to refresh their trair�ing, but also can be used in trainii�g other personnel in the Fire and Police Depairtments. UPON A VOI�,E VOTE to adopt Resolution No. 20-1977, all voting aye, Mayor Nee declared the motion'�carried unanimously. DISCUSSION'REGARD1tdG PROPOSED LEGISLATION REGARDING ASSESSMENTS FOR HOME IMPROVEMENTS: The City M�nager, Mr. Qureshi, submitted proposed legislation for the Council's review and con�sid�ration that would allow no additional assessments due to home improvements after a ho,e has been constructed for five years. The Counci� requested Staff to obtain further information before action is taken on this i�em.l, MOTION by 'ICouncilwoman Kukowski to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Publiq� Hearing meeting of the Fridley City Council of February 14, 1977 adjourned at 8:55 p.lm. j Respectfullly submitted, � � Carole Haddad William J. Nee Secretarylto the City Council Mayor � i A roved:l , pP +--- ----- __ - - — ----- -- --- _ � . � � � � , � � � � � � � � � � � � ��� THE MINUTES OfITHE R[GULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 28, 1977 The Regular Meeting of the Fridley City Council of February 28, 1977 was called to order at 7:35 p.m. by Ptayor Nee. PLEDG[ OF aLLE�:ANCE: Mayor Nee led �he Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: , MEMQERS PRES�NT: Mayor Nee, Councilwoman Kukowski, Councilman Schneider, ' Councilman Hamernik and Councilman Fitzpatrick MEMQERS ABSENT: None APPROVAL OF MINUTES: REGULAR P1�ETI'NG OF FEBRUARY 7, 1977: MOTION by Counc,ilwoman Kukowski to approve the minutes as presented. Seconded by Councilman Wame,rnik. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried'�unanimously. ADOPTION OF AGE'NDA: Mayor Nee indiceted he would like to take a few minutes at the end of the agenda to talk about Givi,T Defense. MOTION by Caunc,5lman Fitzpatrick to adopt tne agenda with the above addition. Seconded by Couhcilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. OPEN FORUM, VISjTORS: There was no reSponse from the audience under this item. PUBLIC HEARI�VGS; PUBLIC HEARING QN IP1PROVEMENT: STREET IMPROVEMENT PRCJECT ST. 1977-1, ADDENDUM �`2: MOTION by Counci;lman Schneider to waive the reading of the Public Hearing notice and open the Pub3ic'Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared th'e motion carried undnimously and the Public Hearing opened at 7:39 p.m. Mr. Sobiech, Pub,lic Works Director, explained this public hearing is for new streets in the proposed'Deleier Addition as petitioned for by the property owner. The ttivo streets invo]ved' in this project are Lakeside Road and 73'Z Avenue. The estimated cost per front foot is $ U.68 and $7.21 per foot for the side yard. Mr. Vincent Tapp'e, 1600 Onondaga Street N.E., indicated his opposition to this project. He felt the project would not benefit him and the assessment against his property would be about $'S,400 for the street, sewer and water. Mr. Sobiech stated, in preparing the preliminar�y assessment roll, the City assumes there is potenti�l in the future for another lot on the back of P1r. Tappe's property, if he and his nefighbor (owner of Parcel 4fi0, Auditor's Sub. n108) were to split the back portions ofl,their lots. Mr. Tappe indica�ed he had no intentions of ever splitting his property and did not want a. street constructed on the side of his lot. Mr. Tappe stated when he purchased the property he Nras not told of any future street. ! i _. _ ; � ��� REGULAR MEETING OF fEBRUARY 28, 1977 PAGE 2 Mr. Bob 0'Connell of 0'Connell Realty stated, prior to the Delier Addition, a road right-of-way had been designated on the street in question. Ms. Gail Porter, 1620 Onondaga Street N.E., questioned if Lots 1 and 2, Marxen Terrace would be assessed if the road is put in the back of their property. She was advised Lot 3 would be assessed, but not Lots i and 2. Ms. Karen Eggert, 7351 Pinetree Lane, questioned who petitioned for this project. Mr. Sobiech stated the petition was received.from the owners of Lots l, 2 and 3, Deleier Addition. She felt they would be paying an excessive bill for a minimal advantage to their property and questioned how th2 assessments could be financed. Mr. Mervin Herrrmann, City Assessor, explained the street assessment could be financed over a 10 year period at an interest rate of 7'z%. Mr. John Eggert, 7351 Pinetree Lane, asked about the side yard assessment which was explained by Mr. Herrmann. Mr. Tappe stated he felt he has already paid his front foot assessment for Onondaga Street and felt the owners of Lots l, 2 and 3, Deleier Addition should bear the cost for this street. Mr. Herrick, City Attorney, stated a determination must be made by Council if the benefit to the property is equal to the amount of ti�e assessment. He indicated, in Mr. Tappe's case, there is the possibility of anothei° b�aildable lot to the back of his property. The City Manager, P1r. Qureshi, stated the plat far the Deleier Addition has recently been approved by the Council. P1s. Fggert stated she attended the Planning Commission meeting and raised similar questions on who would pay for the street. She stated the opinion was expressed at the Planning Cominission meeting they would favor single family houses in the area, but weren't in favoi° of the piat if they had to pay for the improvements. Ms. Sheila Tappe, 1600 Onondaga Street N.E., indicated she would be in favor of the plat if the developer paid for the street as she felt it would not be beneficial for them to have the street constructed. Mr. Bailey Tiller, 1535 Gardena Avenue N.E., felt the residents shouldn't pay for improvements that only benefit the developer and the developer should bear these costs. Mr. Don Leier, 519 Third Avenue N.W., New Brighton, one of the developers for the Deleier Addition, indicated this street pattern 1VdS the plan suggested by the City. MOTI�N by Councilwoman Y,ukowski to close the Public Hearing on Street Improvement Project ST. 1977-1> Addendum �'2. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor �dee declared the motion carried unanimously and the Public Nearing closed at 8:45 p.m. PU[3LIC HEARING ON IMPROVEMENT: SEWER FlND WATER IP1PROVEMENT PROJ[CT SS&SW #121 MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Pubiic Hearin�. Seconded by Councilv�oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declareu i.he motion carried unanimously and the Public Hearing opened at &:45 p.m. Mr. Dick Sobiech, Public Works Di��ector, explained this improvement covers water, sanitary sewer and storm seva2r to serve the propnsed plat of Deleier Addition plus adjacent lots. The estimated costs per front foot are �16.35 for water and $13.63 for sewer. The estimated stcrm sewer rate is a3.55 per 10(? square feet. I � -- ..._ _ —.._ _ - -. i � i � � � , i �� � � � � � -.-- --� -- _ ��� REGULAR MEETING OF FEBRUARY 28, 1977 PAGE 3 Ms. Nancy Joh�hson, 7360 Stinson Blvd. N.E., questioned why they were being assessed. Mr. Sobiech eMplained properties benefiting from this storm sewer project would be assessed. I Mr. Virgil Ishaug, 1473 75th Avenue Pd.F., stated his property does not drain in the direction of �he proposed storm sewer and could not realize the benefit. Mr. Tappe, 16�0 Onondaga Street N.E., questioned what amount of footage would he be assessed, whi�h Mr. Sobiech explained. A petition wa$ then presented by P1s. Tappe indicating residents' opposition to Street Improvement P�oject ST. 19771, Addendum =�2, and Sewer and l�Jater Improvement Pr°oject SS&SW,#121. ' MOTION by Courlcilman Schneider to receive the petition in opposition to Street Improvement Prcoject ST. 1977-1, Addendum u2, and Sewer and Water Improvement Project SSB�W ;�121. Seconded by Councilworian Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Scfjneider stated he has difficulty with the concept of the developer gaining at the expense of nearby residents and on the other hand, he recognizes the need and b�nefiit of development. He felt there should be some equitable arrangement for the assess!ment and possibly re-examine the assessment policy. He indicated h� does agree ►vith the proposal for the storm sewer. MOTION by Courlcilman Schneider to close the Public Hearing on Sewer and Water Improvement Project SS&SW'n121. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot9ng aye, 1�ia�yor Nee declared the motion carried unanimously and the Public Hearing closed at 9:12' p.m. I MOTION by (�ounic;lr�an Fitzpatrick to consider Items 3, 4, 5, 6 and 7 later on the agenda. Seconded by Coluncilwoman Y.ukowski. Upon a voice vote, all voting aye,Mayor Nee delcared the m;btion carried unanimously. NE6J BUSINE5S: ' CONSIDERATIOfJ pF FIRST REt1DIMG OF AN ORDINANCE REGULATING AND LICENSING THE REMOVAL AND TREATP+�T , F TREES AND PROVIDING PENALTY FOR VIOLF1TIOfJ THEREOF: � The City Manager, Mr. Qureshi, explained this ordinance would provide for the licensing of contractor'S who remove or treat trees in the City. He stated the purpose of the ordinance is tp ensure that contractors undertaking this work in the City of Fridley are reputable., � MOTION by Go!�n�ilwoman Kukowski to waive the reading and approve the ordinance upon first readi,ng.', Seconded by Councilman Schneider. � Mr. Bailey Til�er, 1535 Gardena Avenue N.E., i7dicated he was against any ordinance on trees ar�d stated he c�rts trees and sometimes sells them for firewood. The Council indicated he w0uld not be aff?cted by this ordinance. Mr. Tiller also complained about the lJhit� Oak trees taken out of Innsbru�k which he stated a�ere not diseased. � r � , , UPON A VOICE VQTE taken on the above motio�, all voting aye, Mayor Nee declared the motion carried,unanimously. RECEIVING LAKE 4J;TH FROP1 RICE CREEK WATERSHED DISTRICT PERTAINING ITY OF FRIDLEY: RICE CREEK ANL' LOCKE Mr. Ernest Pet�angelo, 520 Rice Creek Blvd. N.E, and Mr. Goyer, from the Rice Creek Watershed Distr�ict, appeared before the Council regarding their report on the "Investigat7on�,of Sediment Deposits in Locke Lake". Also present was the Watershed District's Engil�neer, Mr. John McLennen, to answer any questions from the Council. i , i � 26'7 REGULAR MEETING OF FE6RUARY 28, 1977 PAGE 4 Councilman Fitzpatrick indicated he was disappointed in that there are no conclusions or recommendations on what can be done to prevent sedimentation from continuing at the same rate it has been. Mr. McLennen stated he shared Councilman Fitzpatrick's disappointment that a better � job canno± be done of permanently eliminating the sediment problem. He stated the greatest source of sediment is from erosion of the creek banks. These ditch banks ; really need protection which involves a very lengthy and costly project and stated �, there will not be a short solution to the problem. Councilman Fitzpatrick stated he was pleased the report recognizes the problem as system-wide and, therefore> other jurisdictions must share in the responsibility. Mr. McLennen stated many sources of sediment that have caused problems in the past are now under control and will not get worse in the future. Mr. Petrangelo stated the study was conducted based on a petition received by Fridley. He felt a public hearing would be in order with residents concerned with the problem to review the report and inform them of the recommendations. Mr. Goyer stated, basically, the situation is an econom�cai one and costs would have to be determined. Mayor Nee questioned if this may be a project that would qualify for Federal funds. Mr. Goyer indicated it aprears to be more localized and didn't feel Federal funds could be obtained. Mr. Qureshi, City Manage�•, felt the Rice Creek Watershed District should hold the ; hearing and the City would work with them in order to notify affected property owners. MOTION by Councilman Hamernik to receive the report from the Rice Creek Watershed District and request them to set a public hearing on the question in the City of Fridley. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votirg aye, ; Mayor Nee declared the motion carried unaniinously. RESOLUTION fJO. 21-1977 - RETRINING A CONSULTING ENGINEERING FIRM TO PR0I�IDE A LAKE RESTORATION STUDY OF MOORE LAKE: Mr. Sobiech explained in consideration of an application for Federal funding, under the Clean Lakes Grant Program, the 61innesota Pollution Control Agency was contacted regarding criteria to be presented in applying for this grant for Moore Lake. It was felt Moore Lake would have a high priority on the basis it has public accPSS. The Pollution Control Agency did recommend certain consulting firms that have been involved in ?ake restoration projects. Three firii�s, Midwest Research, Barr Engineering and Nirkok and Associates were contacted and requested to submit proposals and costs for the Council's consideration. Mr. Sobiech stated, based on Hickok's background into the techniques of lake restoration and tfieir familiarity with the Clean Lakes Grant Program, it was recommended they be retained as the consulting engineer to provide a lake restoration study of Moore Lake. MOTION by Councilman Schneider to concur with the staff's reconunendation and adopt Resolution Nc. 21-1977. Seconded by Councilwoman Kukowski. Mayor Nee stated the resolution does not particularly state if the entire lake basin is included. Mr. Sobiech stated it was the intent of the resolution to include all, both East and bJest, hloore Lake. Mr. Sobiech stated the estimated cost for the study is $17,000, however, the final contract will be brought back to Council for approval. UPON A VOICE VOTE to adopt Resolution Nc. 21-1977, all votiny aye, Niayor Nee declared the motion carried unanimously. I I 1 __. _- ------ i .._ _ ----- _ _ ___ ______.._ ______ ..__. __� _ , I , � � . ..__.. __ ._. .._-a._. i._ ___.__ _.. _.. _ .-_ .__.. � I __.. %h$ I � REGULAR MEETING (�F FEBRUARY 28, 1977 � OLD BUSINFSS: I ORDINANCE N0. 63$ - RELATING TO THE SALE OR EXCHANGE OF REAL ESTATE I rrTV Tn Tu� r�ni v n�— r nninuo. � PAf E 5 � BY THE � MOTION by Councilman Fitzpatrick to waive the reading and adop± Ordinance No. 635 on second reading and order publication. Seconded by Councilwoman Kukowski. Upon a voice vot�, all voting aye, Playor Nee declared the motion carried unanimously. � ORDINANCE N0. 636 - AMENDING SECTION 3.01 OF CHAPTER 3 OF THE FRIDLEY CITY CODE �� ' � r 1 MOTION by Cou'nci1man 5chneider to waive the reading and adopt Ordinance No. 636 on second reading ai�d order publication. Seconded by Councilwoman Kukowski. Upon a voice vote, all �oting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF'�SE�AT[ FILE N0. 103: RELATIPlG TO TAXATION; PROVIDING THAT IMPROVEMEf�lT TO REAL PftOPERTVI,USED FOR A HOP1ESTEAD NOT BE ADDED TO INCREASED VALUA7ION OF PROPER7Y; AMENDING P1IP�NE�SOI A ATUTES 1976, SECTIOW 273.11 , SUBDNISION 1, AND BY ADDIP�G A SUQDIVISION��TF�,B�ED 2/14%7� MOTION by CoUnciihwoman Kukowski to forward the comments submitted by the City Staff and indicate the;Council does not wish to take any position at this time. Seconded by Councilman Fi�tzpatrick. Upon a voice vote, all voting aye, P�layor Nee declared � the motion ca�rri�d unanimously. CONSIDERATION OFIFIRST READING OF AN ORDINANCE FOR STREE7 AND ALLEY VACATION SAV �76-07, MOTION by CoUnciilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. �econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declaried the motion carried unanimously. CONSIDERATION Ofl FIRST READING OF AN ORDINANCE AP1[��OIfJG CHAPTER 402 OF TNE FRIDLEY � Mr. Sobiech requiested modification of the existirg ordinance to reflect actual maintenance prac!tice and the City's responsibility for repairs to sewer and water connections. � MOTION by Counci'�lman Hamernik to waive the reading and approve the ordinance upon first reading. �,Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor N�e declared the motion carried unanir,iously. � CONSIDERATIO�lnO�! FIRST READING OF AN ORDINANCE ANENDING CHAPTER 102.02 OF THE FRI CITY CODE FO MEPo,�LY TITLED DISPOSAL OF LOST AND STOLElJ PROPERTY AND CHANGING TITLE � � , 1 1 , � � ' The City Attornqy, Mr. Herrick, stated this ordinance is requested in order to bring the City crdinance and State statutes in compliarce. The ordinance includes the provision of the former owner receiving the right of payment, if he makes claim within a certain period of time. Mayor Nee fe�t t'he ordinance should contain wording to the effect that a reasonable effort be made �.o contact the owner. Mr. Herrick Sta�ed such wording could be added for the second reading of the ordinance. I MOTION by CoUnc�lwoman Kukowski to waive the reading and approve the ordinance upon first reading. �'Seconded by Councilman Hamernik. Upon a voice vote, ai1 voting aye, Mayor Nee declar�ed the motion carried unanimously. i ,f I REGULAR MEETING OF FEBRUARY 28, 1977 CONSIDERATION OF FIRS7 READING OF AN ORDINANCE AMENDING SECTION 108.11 OF THE fRIDL[Y CITY CODE ENTITLEL f-IRF LANES: `�C� PAGE 6 MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE C�iBLE TELEVISIOP! COMMISSION MEETIPJG OF JANUARY 4, 1977: The Council considered the proposed ordinance amendments for housecleaning purposes as recommended by the Cable TV Commission. Mayor Nee stated, if the Council vcishes to pr°oceed, a public hearing could be set on these amendments. M�TION by Councilman Fitzpatrick to set a public hearing for April 11, 1977 on the , Ordinance Amendments proposed by the Cable TV Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, ��tayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to receive the Cable TV Commission minutes of January 4, 1977. Seconded by Councilwoman Kukowski. U�on a voice vote, all voting aye, P4ayor ' Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMM?SS?ON MEETING OF FEBRUARY 9, 1977: � i ARNAL ADDITION: P.S. #77-01; 8101 ASHTON AVENUE N.E.: The Planning Commission recommended approval of this item and a public hearing must be scheduled before the Council. MOTION by Councilman Fitzpatrick to set the public hearing for April 11, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all votiny aye, Mayor Nee dec'lared the motion carried unanimously. MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission meeting of February 9, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF JANUARY 18, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Charter Commission meeting of January 18, 1977. Seconded by Gouncilman Hainernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERAiION OF PENALTY AND INTEREST WAIVER ON SPECIAL ASSESSMENTS fOR PLAT 53912 Jlf<ttl IV.t.: Ms. Karla Larsen, 7528 Arthur Street N.E., appeared befoi°e the Council to request a waiver of the penalties arid interest on special assessments for property on the south side of 76th Avenue betvreen Old Central and Arthur Street N.E. She stated, she understands, if the property is auctioned, the City �vould not receive more than $51,000. She indicated the request is not for a waiver of the taxes, but a forgiveness of penalty and interest on the special assessments. The City Attorney stated he is doubtful whether the City has the authority to approve this waiver and suggested an opinion be obtained from the Attorney General's office. MOTION by Councilman Schneider to authorize Staff to obtain an opinion from the Attorney General regarding the City's authority in this matter. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 1 I � � � { -- - - ------ -_ __. ) � � ' � � � � � ' 2r� n << REGULAR MEETIt�G OF FEBRUARY 28, 1977 CONSIDERAT¢ONIOF MAKING IIN APPLICATION FOR THE SPRINGBROOK NATURE l _.._,...,... --�—+-- r �.,.,..�,. ��T„ ��„�„�. __ _ I i PAr,E 7 R FOUNDATION Mr. Qureshi, Gity Manager, explained this request for two new Assistant Naturalists under the CETF� program. The City would be applying for the funding, as the sponsoring agency, but i� would be a joint venture with the Springbrook NaturP Center foundation. The Assistant'Naturalists would aid in developing and implementing educational programs at North Park�this spring and summer. Both of these positions would be for approximately seven months., Dr. Dougla6 G�rrard of the Springbrook Nature Center Foundation spoke in favor of this applicat�on for the two Assistant Naturalists. Councilmarr Hamernik and Councilman Fitzpatrick questioned, if by applying for these two CETA persdnnel, it would possibly curtail other areas or programs where CETA people could t�e used. Mr. Quresh� stated the Springbrook Nature Center Foundation has the right as a non-profit,or�anization to apply for CETA personnel, however, it is being done as a joint venture, Dr. Gerrard f@lt, since it is a cooperative type of proposal, it may actually increase the City's'ch�nces of obtaining additional personnel. MOTION by Cou'ncilwoman Kukowski to cooperate with the Springbrook Nature Center Foundation in,the process of obtaining CETA personnel. Seconded by Councilman Fitzpatrick. ',Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' DISCUSSION OFIFROPOSAL ADDRESSED TO MINNESOTA HUMANITIES COPiP1ISSI0N BY HAROLD J. ' Mr.MBelgum of'�,the City's Human Resources Commission addressed the Council relative to co-sporYSOring nationally recognized speakers to come to Fridley to promote debate, dialogue and �iscussion on major issues. He stated this would involve no funds ' from the C'ityland if the City wishes to promote this proposal the hiinnesota Humanities Commission wot�ld be so advised. MOTION by Councilman Fitzpatrick for the City, along with the Human Resources Commission, tp become a sponsor for ihis proposal as outlined by (�1r. Belgum. Seconded � by Councilwom�n Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie� unanimously. CONSIGERA�'10N',OF A RESOLUTTON ORDERING IPIPROVEMENT, �iNAL PLANS, SPECIFICATIONS AND � ESTIMATES'OF ',�HE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1977-1, ADDENDUM #2: This item is �n relation to the public hearing held ear1ier regarding the street improvemerit in Deleier Addition. � Councilman Hamernik stated he realizes the problem the people have and can sympathize with them, hoyvever, he felt the assessment method which the City now has is an equi tabl e 'sys �tem. , Mayor Nee,statted the question is whether the street needs to be constructed and he felt it was ureconomical to have a block with only three lots. Mr. Sobiedh s,`tated the street is needed in order to serve the platted properties of ' Deleier Addit�5on. Mr. Qureshi, ,kuggested the staff review this matter for additional study to determine if there is a�other way to serve the Deleier Addition. The possibility of a cul-de-sac � was di scu9sedl'. MOTION by Cou�hcilwoman Kukowski to continue this item to a future Council meeting. Seconded by Cbuncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 '� 1 ' �� �,�jl REGULAR MEETING OF F[aRUARY 2£i, 1977 RECESS: Mayor Nee called a recess at 11:25 p.m. RECONVENED: PAGE 8 � Mayor Nee reconvened the meeting at 11:40 p.m. All councilmembers were present. RESOLUTION N0. 24-1977 - APPROVING PLANS AND ORDERING ADVERTISEMENT FOR 6IDS: STREET ' IMPROVEh9EiVT PROJECT ST. 1977-1 AIJD ST. 1977-2 �4SAS�---� This resolution, as originally submitted, had covered the approval of plans and ordering advertisement for bids on both Street Improvement Projects 1977-1 and 1977-2, however, since Council did not take action ordering the improvement for Project 1977-1, Addendum �2, Lakes�de P,oad and 73'2 Avenue were deleted from this resolution. Mr. Sobiech outlined the proposed improvement as cove}°ed in Project 1977-1 covering the area on Ironton Street between Hugo Street and F�shton Avenue. Ms. LeeAnn Sporre, 301 Ironton Street N.E., questioned if the sewer° and water was in at 285 Ironton. Mr. Sobiech replied it should be because the improvement is already ' complete to that particular lot. Ms. Sporre requested, on behalf of her mother, water and sewer service be brought in at 285 and 265 Ironton Street and the lot at the southwest corner of Ironton Street and Ashton Avenue. � MOTION by Councilwoman Kukowski to adopt Resolution No. 24-1977, Approving Plans and Or�eriny Adver°tisement for Qids: Street Improvement Project ST. 1977-1 and ST. 1977-2 -j (MSAS), (deleting that portior� of the resolution covering improvement for Lakeside Road and 73'-z Avenue). Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERAiION QF ACQUISITION OF PARKING AREA NOR7H OF CITY HALL: Mr. Qureshi, City Manager, stated if property was acquired north of the City Hall, it would provide approximately 25 a.dditional parking spaces. MOTION by Counciiman Schneider to airthorize the City Manager to start negotiattons for purchase of property north of the City Hall for additional parking. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CIVIL SERVICE COh1MISSION REQUEST FOR $1Q0 FOR SECRETARY'S SERVICES: MOTION by Councilman Fitzpatrick to approve the request of the Civil Service Cominission and authorize the $100 for secretarial services for 1976 through February, 19?7. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor I Nee declared the mol;ion carried urianimausly. CONSIDERATION OF APPOINTMENTS TO CITY OF fRIDLEY COMMISSIONS: Councilman Schneider stated there has been no notificai;ion of these vacancies in the newspaper. M07ION by Councilman Schneider to table the appointments to the Commissions to , March 14, 1977. Seconded by Councilwoman Kukowski. � Councilman Hamernik could see no reason to table and in the past they have given the appointed members at least a month's advance notice to enable them to attend a meeting of ti�e Coinmission to which tiiey were appointed, He stated, tvith the motion to table, this could not be done. Councilwoman Kukowski stated, in the past two years, the vacancies have been published in the Sun Newspaper. Councilman Fitzpatrick stated a number of residents have expressed an interest and the City Manager has contacted those who terms will expire to determine if they are interesied in re-appointment. --- - ------ .-_ ---- -- _ __._ _ _ __ J � � ' ; 272 ' � � � REGULAR M�E7ING OF FEBRUARY 28, 1977 PA6E 9 , UPON A ROI,L CiALL V�TE, Councilwoman Kukowski, Councilman Schneider, Councilman Fitzpatrick alind Mayor Nee voting aye; Councilman Hamernik voting nay, the motion carried � by a vote,of 'Ifour to one. � � , ' , 1 1 ON NO�,. 22-1977 - IN OPPOSITION TO A BILL PROVIDIPJG FOR THE TABULATION AND S Mr. Marvin E�r�nsell, Finance Director, explained this 6ill was proposed by Representa- tive Brucc 41i�liamson of Bloomington where they have their own computer, but felt it would not work in Anoka County as facilities are not available. He, therefore, recommended the City adopt this resolution in opposition to the Bill. Councilman Fi!tzpatrick stated he would support this resolution against the recounting, but would'likQ to address the matter of absentee voting on a separate basis. MOTION by Couhcilman Schneider to adopt Resolution No. 22-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanfihously. �: The staff was'requested to check further on the second bill regarding absentee voting. RESOLUTION N0; 23-1977 - ESTABLISHING PROCEDURES TO DETFRt+IINE THE EFFECTIVENESS MOTION by Cour�cilwoman Kukowski to adopt Resolution No. 23-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UTION NOa 25-1977 - IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGH4,'AYS MOTION by Gour�cil�nan Schnaider to adopt Resolution No. 25-19i%. Seconded by Councilwom8n Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriec� unanimously. CONSIDERATION,OF LICENSE FEES FOR SOLICITORS: E The staff has;recommended a change in the City Code to provide that only non-profit organizations'ioriginating in Fridley be exempt from paying a license fee. As the Code nd',w reads> any non-profit organization can solicit within the City without paying', a license fee. ; • Councilman Har�ernik feel this area should be looked into as he has had complaints from busin�ss�,s where persons enter their establishment and approach employees to purchase items', they are selling. The staff was Irequested to check into this item further. LICENSES: MOTION by Coun�cilwoman Kukowski to approve the licenses as submitted and as on file in the License',Clerk's office. Seconded by Courcilman Hamernik. Upon a voice vote, all voting aye�, Mayor Nee declared the motion carried unanimously. I CLAIMS: I hi0TI0N by Countilman Hamernik to authorize paymenr of Claims No. 18991 - 19098 and No. 001 - 294.' Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee'',declared the motion carried unanimously. , ' � i � ��I I � f I r� - - -- ---. � -- - - --, -_,_ _ . . .. _ _ _. _ _-___ _. ._ .._ ____ - ---- -- -..__ .. � ?73 REGULAR MEETING OF FEBRUARY 28, 1977 PAGE 10 ESTIMATES: Suburban Rate Authority 3601 Park Center Baulevard St. Louis Park, MN 55416 1977 Contribution to Suburban Rate Authority $ 525.00 Barna, Guzy, Terpstra, Merrill & Giancola, Ltd. 3700 Central Avenue N.E Minneapolis, MN 55421 Professionai Services Rendered to Fridley Charter Commission Through January 31, 1977 $ 165.00 Smith, Juster, Feikc�na, Chartered _ , i250 Buiiders Exchange Building ' Minneapolis, MN 55402 For Legal Services Rendered as Prosecutor for the Month of January, 1977 $2,027.50 MO7ION by Councilman Schneider to approve the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. CIVIL DEFENSE CONFERENCE ON NATURAL DISASTERS (MARCH 11, 1977): Mayor D�ee stated he had received a 7etter from the Governor'S Office dated February 10, 1977 regarding a Civil Defence Conference on Natural Disasters which should be attended by the Civil Defense Director. ADJOURNMENT: MOTI�N by Councilwoinan Kukowski to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 28, 1977 adjourned at 12:20 a.m. Respectfully submitted, Carole Haddad � Secretary to the City Council Approved: Willaim J. Nee Mayor I � i -- _ __ __. . ..._ . '�_ __ _ - -_ __ _ __ ____ ___ 2'� r �, THE MINUTES 0�' THE REGU AR ME � L ETIN� OF 7HE FRIDL[Y CITY COUPlCIL OF MARCH 7, 1977 The Regular Meetiing of the Fridley City Council of P4arch 7, 1977 was called to order at 7:35 p.m. by �,ayor Nee. PLEDGE OF ALLEGia'NCE: ----�---+— Mayor Nee led thq� Council and audience in the Pledge of Allegiance to the Flag. i ROLL CALL: MEMBERS PRESENI�: Mayor Nee, Councilman Fitzpafirick, Councilman Hamernik, ', Councilman Schneider and Council�voman Kukowski MEMQERS ABSENT:I� None ADOPTIOPJ OF ACENDIA: Councilman Hamerrjik stated he wished to add an item under "New Business," "Discussion Regarding a Stop'�Sign on 68th Avenue between Monroe Street and Brookview Drive." MOTION by Counci';lwoman Kukowski to adopt the agenda with the above addition. Seconded by Counc�ilman Schneider. Upon a voice vote, all votiny aye, Mayor Nee declared the moti',on carried unanimo�isly. OPfN FORUM, VISITORS: There was no res�'onse from the audience on tnis item. OLD BUSINESS: �' ORDINANCE N0. 637, - STREET AND ALLEY VACATIOPJ SAV y76-07, BY CITY OF FP.IDLEY, GENERALLY LOC�, TED ON TAL��if�DGE LANE AND 75TH l�lAY: ' MOTION by Council�,man Fitzpatrick to waive the second reading of Ordinance No. 637 and adopt it on �he second reading and publish. Seconded by Councilwoman Kukowski. Upon a voice vot�, all voting aye, Mayor Nee declared the motion carried unanimously. , ORDINANCE P!0. 63 - AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE f_PJTiTLED WATER AND SEWER ADP1 NIS�TRATION; SECTION 402.04: REPAIP; TO CON�IECTIONS: MOTION by Councillman Schneider to waive the second rea�ing of Ordinance No. 638 and adopt it on the econd reading and publish. Seconded by Councilman Hamernik. Upon a voice vot�„ a71 voting aye, Mayor Nee declared the moti�n carried unanimously. ORDINANC[ N0. 63� - Af�IEPJDIPdG CH�PTER 104 OF THE FRIDLEY CITY CODE [fJTITLED TREE MOTION by Couhcillman Hamerrik to waive the secontl reading of Ordinance No. 639 and adopt it on t�e �econd reading and publ-ish. Seconded by Councilwoman Kukowski. Upon a voice vot�, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE iJt�. 64�,ME^�DiP�IG SECTION i08.1i OF THE fRIQLEY CIi'Y CODE ENTITLED FIR'F Ll�NfS: � ', MOTION by Council�man Fitzpatrick to waive the second reading of Ordinance No. 64C and adopt it on the �econd reading and publish. Seconded by Councilman Schneider. Upon a voice aot�, all voting aye, hlayor Nee declared the motion carried unanimously. � I .I � r- -__ _ _ _ ___ _ _ . ._ - ---.. _..__ _. _. __ ___ _-- - - _ _ _ � - - . ._. . REGULAR MEETING OF MARCH 7, 1977 PAGE 2 .. � �� RDINANCE N0. 641 - AMENDING CHAPTER 102.02 OF THE FRIDLEY CITY CODE FORMERLY � NTTTLED DTSPOSAL OF LOST AND STQLE(� PROPERTY AND CHANGING 7ITLE TO UlJCLAIP1ED PROPERTY; � ISPOSAL: j Mayor Nee stated ther_e has been one minor change in this ordinance since the first reading to indicate that the P�lice Department should make a reasonable effort to contact the property owner before they dispose of the property. — MOTION by Councilwoman Kukowski to waive the second reading of Ordinance No. 641 and adopt it on the second �°eading, as amended, and publish. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried , unanimously. CONSIDERATION OF REDUCTION OF PENALTIES Oh' SPECIAL ASSESSMENTS FOR PLAT 53912, PARCEL 960 Tabled 2/28%77-j: ^ The City Attorney, Mr. Herrick, stated at the last meeting he advised the Council to obtain an opinion from the Attoi°ney General on whether or not they had ihe authority to waive the penalties. Ne stated he has found that the Commissioner of Revenue has the autliority to waive or reduce these penalties and an opion from the Aitorney General would nat: be required. Before the Conunissioner• of Revenue would take action, however, it is necessary for the City Council and County Board to approve the waiver. The City h1anager, Mr. Qureshi, stated if the Council feels it appropriate for the City to waive the penalties and interest on these special assessments, a request should then be made to the County Board for a waiver of the tax penalties on this property. Ms. Karla Larsen, representing 6arJac Construction, Inc., stated the developer (GarJac) has both a deed and purchase agreement en the propert,.- In her letter of February 22, 1977, a waiver of the penalties and int�rest was requested on the special assessments _ and a waiver of the tax penalties by the County. If these waivers were approved, GarJac Cor.struction, Inc. would then redeem the property. The City Manager reviewed the formulas for distribution of special assessments, taxes and penalty and interest on delinquent property, as opposed to the formula used for property sold at a tax forfeit sale. Based on these formulas, the City would receive more for this property, if the waivers were granted, than if the property were to be sold at public auction. A7s. Larsen stated the property should have been on the public land auction in 1971 or 1972; however because of an administrative error at the County, it was not auctioned and additional costs have now been added. The City Murager stated the Council should determine if they wish to waive the penalties and interest for the special assessments on ±he �ro�erty before the pubiic auction and if so, then a recommendation should be made to the Commissioner of Revenue for�the waiver. MOTION by Counciiman Schneider to instruct the staff to make a recommendation to the Commissioner of Revenue, using the appropriate forms and procedures, for a reduction in half the penalties and interest on special assessments that accrued after the property �vould have forfeited, on Plat 53912, Parcel 960 and request the County Board to make a similar request to the Commissioner of Revenue. Seconded by Councilwoman Kukowski. Councilman Schneider stated the reason for waiving ttie penalties and interest is because of the situation :vhereby the County did not place this parcei on the appropriate land auction sale. UPON Fl VOICE VOTE taken on the motion, all voting aye, Mayor Nee declared the motion carried unanimously. , ' ' ' , ' , ' , � � ' , ' ' ' , � , ' � � � L� � � , ' ' ' � J �� - . _ .._ ._. � . _ _. .. ._. .. . _ . . ... _ ..... ._ _ ..__ . _. _ __' _ l�rl � I� II RE6ULAR M'EET�NG OF MARCH 7, 1977 PAGE 3 NEW BUSINESS.', : RECEIVING' Tfi�; P1INUTES OF THE PLANNIN� COf4MISSION P4EETIP�G OF FERRUARY 23, 1977: MOTION by Coyncilman Schneider to receive the minutes of the Planning Commiss:on Meetirg o� F�bruary 23, 1977. Seconded by Council�•�oman Kuko�-�ski. Upon a voice vote, all voting a,�e, Mayor Nee declared the motien carried unanimously. ABLE l�'E�DI��;G, INC., L.S. �7i-Ol; 7860 MAIN STREET: Mr. Dicl� Solbiech, Public ldorks Director, explained this request from Able Welding, 7860 Main S�,treet, for a lot split to split the south five feet of Lot 7, Block 1, Onaway I#ddiltion and add it to Lot 8, Block l, Onaway Addition. The purpose of this lot split i� to provide additional parking needed at 7840 Main Street (Creative Gears). Mr. Sobiech'stated the Planning Commission recorrmended approval, subject to the fil;rg of the appropriate easements and agreements regarding joint ingress and egress on the park;riiiy facilities. MOTION by C uncilman Namernik to concur with the recommendation of the Planning Commissi'on �nd appro��e Lot Split r77-01 with the stipulation that the agreement on the comrrion �arki�.g arrangement and related easement documents be obtaine�. Secanded by Councilw�man Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion �arried unanimously. APPEALS COMMISSION t•1INUTES OF fE6RUARY 15, 1977: The Coun�cil',received the minutes of the Appeals Commission of February 15, 1977 and considerhed the following item: BERKELEY dUMP COMPANY, l�l ELY STREET: — - ---- — --- Mr. Sobiedh, Public Works Director, explained this request from Berkeley Pump Company fqr a variance to reduce the setback requirement from 100 to 73 feet for constrUCtilon of an addition. The Appeal';s Commission recommended approval with the stipulation that correspondence be rec�ive',d from the utility companies regarding encroachment uf tiieir easements. Mr. Sn�ad,i represerting 6erkeley Pump, appeared before the Council regarding this reques� folr a variance and indicated he had the letters from the utility companies indicating�;they had no objections. Councilman'�Fitzpa±rick stated he was concerned with the truck traffic and felt by allqwin�q this variance, it would mean expansion of the business and greater traffic. He que5tiored the purpose of the angled wall instead of a straight wall. Mr. Snead felt to follow the curvature of the road would be more aesthetically pleasing a}�d more practical ±o them. Council�manlFitzpatrick felt a hardshia had not been demonstrated and felt the additian cWuld be built so the variance wo�.ild not be necessary. Council�vom�n Kukowski stated the plan changes the loading area and felt as much traffic asipossible should be eliminated because of the park. ' Mr. Sne�d �stimated there would be, on the average, of three ±o six trucks a day making picl�ups and deliveries at their business. , MOTION by �ouncilman Fitzpatrick to deny the variance for Berkeley Pump Company on the basis df a lack of a demonstrated hardship. Motion failed for lack of a second. � � ' Councilman nature pf 1 INamernik felt the variance would not increase the traffic and by the i,he zoning in this area, there would be truck traffic. � � REGULAR MEETING OF MARCH 7, 1977 PAGE 4 277 . � � i Severa] members of the Council did not feel there was a hardship in this case for granting the variance, Mr.. Snead stated the hardship, as far as their Company, would be the problems of moving if they could not expand. MOTION by Councilman Fitzpatrick to contirue this item to the agenda of March 21, 1977 for purposes of investigating the possibility of bringing the traffic off Fly Street and Staff to revie��� the plans with Berkeley Pump to determine if the addition could be constructed so that a variance would not be needed. Seconded by Councilwpman Kuko�t�ski. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF AGREEP1ENT FOR LEGAL SERVICES BETWEEN CITY OF FRIDLEY AND SMITH, JUSTER, fEIKEMA, CFIARTER[D LAW FIRM fOR CITY PROSECUTOR SERVICES 6Y CARL NEWQUIST: MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manager to enter into this agreement. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAI OF AGREEMENT FOR LEGAL SERVICES BETldE[N CITI' OF FRIDLEY APJD IJEAUER, TALLE & HERRICK LAW FIRM FOR CITY ATTORNEY SERVICES QY VIRGIL C. HERRICK: MOTION by Councilwoman Kukowski to authorize the Mayor and City Manager to enter into this agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. CLAIMS: MOTION by Councilman Hamernik to authorize payment of Claims No. 295 through 400. Seconded by Councilwoman Kukowski. Upon a voice vote, a]1 voting aye, Mayor Nee declared the motion carried unanimously. LICEI�SES: The Sunday liquor license for the UFW tvas removed from the list of license applications. Mayor Nee stated �that the liquor license for Sandee's requires a public hearing, therefore, action should not be taken onthelicense at this time. MOTION by Councilman Schneider to approve the licenses as on file in the License Clerk's office, �vith the exception of the liouor license for Sandee's. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motien cari°ied unanimously. ESTIMATES: Smith, Juster, Feikema, Chartered Suite 1250 Builders Exchange Building Minneapolis, MN. 55402 For Legal Services Rencieretl as Prosecutor for $1,388.75 February, 1977 Weaver, 7alle & Herrick 316 East Main Street Anoka, P1N. 55303 For Legal Services Rendered as City Attorney for $1,537.99 February, 1g77 MOTION by Councilwoman Kukowski to app�°ove the estimates as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E — -- � i i � � ��� u ! �•�J I I I I ' REGULAR MEETING,OF MARCH 7, 1977 PAGE 5 COMMUNICATIONS:I � MINNES�TA DEPA�TI4ENT OF TRI�NSPORTATION: SIGNALIZATION AT T.H. 47 AND 69TH AVENUE: MOTION by COuncilman Hanlernik to receive the above correspondence from the Minnesota Departrnent of Transportation dated February 22, 1977. Seconded by Counciltvoman Kukowski. Upori a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; ANOKA COUNTY C UhdCTL OF ECOtJOh1IC OPPORTU�!ITY, IP�C.: EXTENDI�'6 THAPJKS TO COUNCIL FOR THEIR RESPO SEiTO THE PROPOSAL ON ENERGY CONSERVATION: MOTION by Coun�ilwoman Kukowski to receive the above correspondence from the Anoka County Council',of Economic Opportunity, Inc. dated February 2&, 1977. Seconded by Councilman Harn�rnik. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously. STOP SIGh' - OV�RTON DRIVE N.E. AND 68TH AVENUE N.E.: Councilman Ham�rnik stated a petition was received iast faii for a stop sign on 68th Avenue between�Monroe Street and Brookview Drive. He stated the location of the stop sign was discu5sed at a public meeting held 111 January, 1977, and the location recommended was for a fourLway stop at Overton Drive and 68th Avenue. Councilman Hamernik stated residents livij�g at this intersection have been contacted �vith only one person indicating he Was not in favor of the stop sign, because he feit it would increase the noise at this hntersection. MOTION by Coun',cilman Hamernik to have a four-way stop sign installed at the intersection of Overton Dril've and 68th Avenue after a speed study has been performed by the Engineering Division to deltermine the effect of stop signs on speed problems. Seconded by Councilman Schneider. lJpian a voice vote, a71 voting aye, Mayor Nee declared the motion carried unarimously. � ADJOURNMENT: I MOTION by Couricilman Schneider to adjourn the meeting. Seconded by Councilwoman Kukowski. Updn a voice voi;e, all voting aye, Mayor Nee declared the motion carried unanimously ar�d the Regular Meeting of the Fridiey City Council of March 7, 1977 adjourned dt 9:25 p.m, Respectfully �ubmitted, � � Carole Haddad' Secretary to the City Council Approved: , I ' ' William J. Nee Mayor _i 1 II , II , 1 ' ' ' MII�•iBERS PRE5EP1'� : , ' MEI�3ERS ABSEidT; I OTHERS PRES�P�T� ' FRIDLEY AI'F�.fiLS COP�AiIS�ION I�IEETING F��3RUARY 15, 1977 Schnabel, Barna, Gabel, Kemper Plemel Ron Holden, Building Inspection Officer 4 The meeting wa$ called to order by Chairperson Schnabel at 7;31 P.r1. APPROVE APP�,�L$ COI�:�•1IS�.IOP1 rtINUTES : JANUARY 13, 1977 Mrs. Gabel saic� that she t•rould like to comr��ent, becaus� she didn't think secretaries go� enou�;h recognition, tnat she thought the secretary was to be corunended a� the minutes were always accurate and concise. Tne other mer;lbers agreed� atld 2�1rs. Gabel stated she thought that should be in the minutes. !I 1�ir. F�ar.na stat�c� that he had a correction in the secor.d paragranh on page 1t, and rioted t'ria� ir.to Stone;�hrook Creek should read from Stoneybrook Creek� MOTIOIa by Barn�., seconded by Gabel, that the Appeals Comrnission minutes of J�7uary 13,'1977 be approved as arnended. Upon a voice vote, all voting aye, the m�tion carried unanimously. l. RE�UEST F'0�, A VARIP.I�IC� OF SECTION 20�.3� (5), FRIDL��' CITY CODE, 'i'0 REDUCE T�?� 'iRE�UIRED 100 FOOT SETBACK Rr�L?IRE?�?ETuT 4°;�I�:.Fi.E PROPERTY IS ADJkCENT Td A DIFIN��EPvTT DISTRICT, TO 73 FEET, (M-1 ANll R-1), TO ALLO,d THE C0.ISTRL�CTION OF AN INDUSTRI��L BUILDI�iG ON LOT l, BLOCK 1, OF T;iF PROPOSED A�NAL r�.DDITION, (I��-1, LIG�iT I�IDUSTRIAL r�REA5 ), iHE SAP?E BEI1�1G 8101 AS.iT0i3 AVE?•1U; V.E., FRIDL�Y, i-SII�?NESOTA. (Peauest by Berkeley Pump Compar�y, 1�31 Ely �.treet N.F,., Fridley, Minnesota 75l�32). MOTION by B voice vote, A. PUBLIC , seconded by Gabel, to open the Public Hearing. Upon a voting aye, the motion carried unanir..ously. ADMINISTRATIVE STAFF �EPORT SF:RVED BY R��UI�?.E,'�"r.NT: Section 205I,131� (6), requirir.� a 100 ft. front yard setback for M-1 zoned build�ngs fro:n street lot lines adjacent to other zoning. Public purpi�se served by t.his section is to �void congestion in the public stre� � and traffic hazards and otller dan�;ers and to protect and consarv. tl:e character of any adjoining naighborhoods and future nei�hborhooq�s in i;he sarne vacinity. � Fridley App�al� Co:nmission I-�eeting - February 15, 1977 � Pag� 2 1 A B. STATED IdARU �HIP: Variance is necessary in order that the proposed building can be compatible�',with existing building i'or efficiency and aesthetics. C. ADMINISTRA�'IV� STAFF' REVI�'[�T: A 100 foot (across As at the 7B and 5 whic making it on the Wes side of th rezoned to setback is required because the property to the titi�est ton Avenue) is a City Par�. The existing building is oot setback point because it was built on Lots 3, !�, �rere interior lots. Lots 1 and 2�rere acquired later, corner property. The o��mers were refusea a permit to add side, but were granted a permit to add on to the North building in 1966. The corner lots (Lots 1 and 2) were I�i-1 in 197l�. The propos�d Arnal Addition structure will occupy less than Lt0% of the lot: Tne additional vehicles will occupy the existing parking ar�;as for Berkely Pump Company, 181 Ely Street N.E. Letters of'lencroachment will be required from the affected utility easement hblders for construction in tne vacated alley area. �'Sr. Lee Snead was present representing Berkeley Pump Company. He stated tYiat they werelasking for a variar.ce from 100 feet to ?3 feet as the�T would like to put anla�dition on their present property as their current building was no longer �ufficient or adequate for their needs. He added that indica- tior.s were that their needs would increas� considera�ly over the next few years, so an addition was badly needed. P��r. Snead said that in order to make the addition efficient and usable, tYiey would like to be able to use the sar,ie facing line as the present building. He said that if the proposed addition was to sit back too,far, they t�*ould lose ��aluable access between the two buil.dimgs. Mr. Snead stated that the new building would follow the general an�le of the road, and they also thought that having the t;wo buildings of s mewhat similar construction and the sarne distance from the road would be more aesthetically pleasing. TZr. Gnead expl�ined that they were not going to actually connect the two buildings togei�her wall to wall, but would have an enclosed walkway between them measuring''�,12' high by 1�' wide. He stated that in between the two plots of land was a�' utility easement, and they had received letters from all of the utilitylcorr�panies in the area saying that they did not mind ii Berkeley crass d that easement hith what they proposed. i•Ir. Snead added that tney did �ave to guarantee their right to access, and noted that the walkway could r�ot be over l�' high because of an overhead power line. He further added �.hat they felt the building would contribute to the neighbor- hood by provid�ng a nice place, and Berkeley would provide shrubbery and grass. Mr. Snead sa.id that he had just returned from talkin� to the main office in California,�and they had a deviation from the original plans in that � Fridley Appeal� Cor,unission Meetin�; - February 1.5, 1977 Pa�e 3 1 B � ne wall would�! be moved back a bit. F�e ex lained that the owner r�anted to o p use the full 1tQ� covera�;c instead of having square corners on the building, ' and it was als� the ocaner's suggestion that the property follow the contour of the road tol,give them more office space in the f'ront. � Mr. Snead p�in keep the offic that the paxl:i ' showed, and wh their parl;ing and said �;hey have more room � them rnore roor� covered �aalkwa with a roof. ed out on the diagram z,rhere they had originally planned to space, and where tney had decided to move it. FIe said g area w�ould be extended out a little bit further than it re they had open space on the drawing they would just carry ver. He noted that the drive areas showed only 20' and 16', ould probably want to make that wider so the trucks would He showed how the ramp would also be r�oved back to give for office space. He explained this would be a completely- i,rith walls of similar construction as the building, and e sa�d it would not be as high as the rest of the building. Chairperson Sc�nabel asked what the purpose oi the proposed addition would be. P�ir. Sneadi�explained that his company was in the assembling, warehousing and sale of p�ps. He said that the present building ��ould be primarily used for wareh,busing, and the proposed addition would be used for a11 three purposes'�. Chairperson Sc��-ulabel asked if the number of employees tiaould be increased, ,.and P•1r. �nead ,�eplied t.hat they presently had eight f'ull-time employees a.nd antici.pate�d going as high as about 1.2 - 15 in the next year or two. He added thst �e didn'�, think they �rould go over fifteen employees at aaz� time. ' Mrs. Gabel asl�'�ed if the driveway areas were large enough, and Mr. Holden replied that t'�hey should be increased to 25'. P4r. Snead said he would do whatever was niecessary to rieet code. I1r. Holden ask'ed ��rhy Berkeley didn't just add one building straight through. Mr. Snead s�,idi the basi.c reason taas that if the busir.ess grew and they expanded out to the North, the small building that they nota occupied could be knocl�ed down and that prcperty sold separately. Mr. Holden explained that�, a 15' sideyard setback was requi red in Ti-1, so then they would either r�eeci a varZance fro::n 15 � to 0�, move back 15 f eet, or p'lan not to sell th� original (existing) building. Mr. Snead said the easiest thing would be to plan notlito sell it. He stated he didn't want to join the two buildings togethe because he �hoy�ght the new building woul.d look better than the old building. Chairperson Sc be the 15' in constructian �, would be to gc footage. Alrs. a double fire correct--i� wc Mr. Snead comrr Ue put in the a�; the same ti nabel explained that one of the reasons there would have to etween would be for fire protection, unless a"0" lot line s adcied with a fire wall. h1r. Holden said another option back to the utility companies and ask for a greater square Schnabel asked if he was to go with the "0" lot line if all would be necessary*, and P�ir. Holden replied that was ld mean building a newr wall ri�ht next to the existing waZl. nted that their insurance company required that sprinklers ew building, so they would add them to the existing building e. He said the buildings �aould have good Sire protection. Mrs. Gabe1. asl�ed what kind of traific was �enerated in terms of large trucks, ai�d irIr. Snead Irep]_ied that durin� the busy season (early summer to late fall) Fridley Appeal� Cor�nission i�eeting - February 15, 1977 ► Pa�e � 1 � there could be�'�seven to eight trucks a day. r4rs. Gabel asked if there was a fence around'!,the par� area, and P•1r. Snead replied there wasn�t, but all the playgroundiequipment was on the other side of the park. He added that near his buildang was mostly a�rass area, so there was no danger to children. Mrs. Gabel loo}ced at the photograph of the present building and asked what was kept in th� fenced area next to the building. .�?r. Snead replied that was outside st rage. He said he didn't anticipate any more outside storage, and would like�to eliminate what they had. He added that they kept the axea quite clean� a,�d everything was neatly stacked. 1�2r. Iiolden �.s about the dif Schnabel said the two build Mr. Snead sai Chairperson S on the presen didn't intend if they went of not splitt d the petitioner if he had understood what was said earlier rent options, and P�ir. Snead replied he did. Chairperson nat if he �ranted to go to the °0" lot line concept and abut � gs together, he Vrould have to apply for another variance. he didn't intend to� and wanted to stay with the present plan. nabel said that if the propose.d addition was built as shown plan� the petitioner wouldn't need another variance if he o split this off for sale. r•1r. Holden said that was correct; th the present plan it would have to be �rith the intention e if off to sell at a later date. Mr. Kemper asici�ed why it wasn't necessary to go down to the "Q" side yard setback, and N1�. Barna explained that it iaasn't a side yard. rir. Kemper �a�ked if the e�isting building belong�d to someone else if it would be a side yard, ar:dl r•Zr. Holden said that was correct. Pirs. Gabel ask'�Ied if the only reason the two buildings s•reren't being put together ;�.as b�ecause of the easement, and 2•:r. Snead said that was correct. A1r. Baxna comrri;ented that he had no objection, and thougnt it was one more reason to have, signal lights at 79th. Chairperson Schnabel asked T�Ir. Snead if he had the letters of encroachment, and he replied he did. '� MOTION by Barn��a, seconded by Kemper, to c�ose the Public Hearing. Upon a voice vote, ',all voting aye, the motion carried unanimously. hi0TI0N by Barn;a, seconded by Ker�per, that the �ppeals Comr�ission recomrlend to Council, th�rough the Planning Corrsnission� approval of the request for variance with��the following stipulations: l. The l��tters of encroachment go on record t,lith the City. 2. The e�isting building not be.separate� and sold off from the propo�,ed building because the petitioner did no� present a request for a�15' setback variance, and the petitioner understands that at thi� s time . � Upon a voice Iote, all voting aye, tlie motion � � � 'i . � � � carried unanimously. r--� � � I �� � � �; ! , ; i i k �-._. .'>': '. " � ,—_ .j II i�� �� � i ( I ., �; � ' I _ � .__..__-_�___.._--- � -_---_._.. •--.. . .�-.:L..... ... !I ��II �', �� , � , --� --;�; -� ---�.- _-� - �---- __ - �- _ ------� a • - -- – - • ----- -: - >; _. _.�—.. : � � .J. Y_ i �_ � � � 4�' I �:: � �� j~, I _�.. �- �� ' �•� i � i + i � ( ' I - - - `�� T ,, _ y . � ,� - -- - - � _- � -. _ - _ ---_f �:;, ,- - - ---_._-�_;>- :z T ; � :_._�,_._ � �+i � .� r+" i` ;__-.:�� , .-- � ., .; __� I �����' .l' ' y�- . •��r 1 �� f�`�= �3 .' _ `, , ,:� • �� �1}�; . } .� ` � . ', � �i : � /` ,, r:_ �f � � �,.,_ i W i :: ,�. � 1 �� ,, ,, , ; �� �. ; y ?��� `� � `� , � ,� \ ' \� '\\l BERKELEY PUMP I � , � � � � i I 1 ��, \ \ � ID i � 'r_� � ti; � i� � � � �� �/ �. ✓ � � ..�-``� � ` \\ ;�. ___�.__.:_- :-' �, \ . Y 4. i � '', �.g... _ , \ . 1 a �-a � _s_\ \\ L - .,__.._n--:.—" . "..�. ..=.�:-s__ _'._ - _.. ._ .. -- ���. �. , �.--�; �. / C_ . . _._. -._.— ,'—_� r .� � . �� '� \\ � .' _"._�_ .- . -. _ --- . .. ' ' � ..� � Y c c"' .. . - _' �L', "'_ _ •_.. , '',. Y . � ���� \ . I \\ � r \ \ I � . \ �, � � � ` T `1,`,� � � � • � • \ r\ � U: � ` � « \ �_�.-��.- -- • - -'^— \,\\ � �: 1 �C.' I . �a \ . • "� `:. \ � \ � _ . . _ --'-`--._ _. .._ -.,..-._1 __ .__.._.__---�---_-._ ._� _. ., ._ �._ —'-_^-_ . . . . . _. _._...._ ii ... ..... .._.. _.._. . .'. _. . . .. - .^.': i;7 �. _ ....._ . � . � e ''i� , I , 1 � � ; � i � � '. ; ,. REGULAR L MEETII�G Of DECENaER 20� 1976 � IDERATION -0F �IRST P,EADINf, OF APJ OROIHA�ICE FOR STREET AND ALLEY VACATI�N Rf�UC N�16-0fi, L' kbTiLU�iD COI1Pf��lY, IflC. TO VACATE ELY CIRCLE, GE��Ef;ALLY LOCATED Ei� � C�Y G[� . 1l1—i- A C 7 U l7r c�D717I n'-17STiY� i fi7T� i� r �,-t �-r-f �r.��zrf-- PAGE 2 Mayor Nee stated there had been a public hearinn renardinn this. NJTION by Cou�cilman Fitzpatrick to waive the readin� and adopt the ordinan e on the first readin4'� Seconded by Counr_ilman Hamernik. Uoon a voice vote, all v tin!� aye, f4ayor Nee dec�ared the motion carried unanimously. COt�SIDEPJITTOri',Of APPP,OVAL OF FINA,L PLAT SUDOIVISIO"1 P.S. N76-09, OELEI ADOITI0�1, QY DOt�liLU LEIER;jGEt1ER/'iLLY LOCATED I(1 THF 1500 GLOCK LET4fEEh! 73PDl�b'Et�U AtJO Ot10Pli),�Gf� STREET N E' , Mr. Sobiech s��ated that this is the remaininn parcel of pronertv n r�hich there was a public hearin . At the oublic hearing, there were no ob.jection to the proDOSed plat which would r�sult in a cnntinuation of 73'; Avenue to the east and then the extension of Lakeside P,oad, Ne further stated that althounh the oroperty s zoned R-1 to the north half and.R-3 �o the south half, at present it is the intent' n of the petitioner to develop sinql� family. The stipulation from the Plannina C mmission is that the petitioner contact all r r�aininn property orm ers reoardina any addi onal rinht-of-way that rrould be required f r providing the improvement for 73'Z Avenu . Pir. Sobiech oroceeded to show the Cityl,Council a sketch on the easel. It r�as f rther noted that the front width of the souther;"ly four lots in the R-3 zoned area vrou d only be 72.25 feet instead of the standard 75 feet. MOTION by Courjcilman Stan•ralt to approve the fi 1 plat with the variance duly noted and with the fiollo���ing stipulations: (1) the titioner is reouired to obtain the necessary eas�ments to provide 73'-z and Lakesi e riaht-of-way and (2) that in the event the property ils developed into multipl2 dwe inqs that all access be off 73rd Avenue residential s�'reets. Seconded by Councilw man Kukowski. Upon a voice vote, all voting aye, Mayor Ne� declared the motion carri unanimously. CONSIDERATIO"��OF APPROVAL OF FIPJA.L PL SU6DIV1SIOr� P.S. =`76-11, REAL ESTATE 10 ADDITION, BY FRl1tJCIS J. GIRDLER, Gc�dEP,ALLY LOCF ED IN THE NE OUHDRAP�T OF 1.694 N�JD HIGHI•:AY 65 P;.E.: � Mayor Nee stat�,ed there was a publ' hearinq re�ardinn this and there were no objections. MOTION by Coun',cilman Starwalt approve the final plat. Seconded by Council4roman Kukotiaski. Upon a voice vote, 11 votina aye, Mayor Plee declared the motion carried � .� unanimousiy. CO��SIDERATION bF APPFOVAL F FINAL PLAT SUBDIVISIO"! P.S. �'76-10, IP;P�SBRUCK VILLIIGES • $ECO��D ACD TIOJ, 61' DAFR� A_ FARR f1FVFi f1P''F�1T rnun r.�tiGO,1i i v i nrnTrn ��nnr�� nr . ! � ! � � ���ir� �'.�.)� Vf If1C DLtil,l� CUKt)I {il''Aftll-it�VIJ: Mr. Sobiech st�ted th t regarding the proposed final olat, the petitioner wants to add an additional Xwo st uctures of townhouses to the already previously recorded Innsbruck Yillage plat. 'he f rther stated there wouid be a trade of prooerty from the apartment complex to Inn br k Villa�e Second so that there is an even parcel of property s�vapped in order to ma�n in the existing areas and to allow the construction of the two townhouse structures. Mr. Sobiech s$ted that another concern was the public walkway system and there is a let t e r o n f' e',�•r h ic h in dica tes t hat t he developer ►•�ill maintain and provide the necessary ser�ents. Mr. Nasi Qure�hi, City Mana9er, asked �1r. Sobiech if there were any neqative concerns from I sbruck!,North Association. Mr. Sobiech stated there were none that the Planning Comni ion was aware of. • MOT ON by CounGilman Starwalt to approve the fina] plat with the letter of condition r arding the walkwiy, maintenance, etc., and that the t►vo parcels be combined into 9 e parcel for!tax pur-poses. Seconded bv Counciiman Hamernik. Uoon a voice vote, all voting aye, Ftayor Nee declared the motion carried unanimously. ---r— CONSIDF�,4T1�'V qF APf'ROVAL OF FTNAI. PLAT SU601VISION P.S. �76-05, 1NNSE3RUCK NORTH REPL.4T 3RD �nDITIC�"! GiY (1�1F,(EL A. Fr1RR DE�'Ei.oF��rr;T C(�FP., f;Et�ERaLLY LOC.AIEU 0�! THE 41EST S E �AS7 611Nr'lZl�r^� FA�� 1�vn Cn�iiTi`nc �,,ci�rrii �7��Tn �� c: Flayor Nee state� that they now have a memorandum froro the Cit,v Attorney and a letter from the Townho,use Association. • _T. _ . . _ . - . .. � �. � 2 ,. ,. � � f i � 1 � � ; � � i � ' � � i � � � . .. : i � ( � � � i , ...� .� � � � REGULAR CQU��C�L MEETING OF DECEt16ER 20, 1976 , � � 1 i � � � � � ! i i i . � w; � ; � •� # � i ) � �� �', � ( I � � � � • `L:i �. , � ' � PAGE 3 MOTIOt� by Cou',hcilman Fitzpatrick to receive the memorandum dated'December 20, 1976 from Virgil C;. Herrick, City Attorney. renarding the replattinn of Innsbruck Plorth Third Additioh. Seconded by Councilman Starwalt. Upon a voice vote, all votinc� aye, Mayor ��ee dec�ared the motion carried unanimously. � MOTION by Couhcilman Starwalt to receive the letter dated December 19, 1976 from the 7ownhouse Ass�ciation, t•tr. Jack Lindstrom, President. Seconded by Councilvroman Kukowski. Uppn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ! . Mr. Jack Lind�trom, President of the Townhouse Association.stated that he had a statement regarding the'aforementioned letter rrhich he proceeded to read. The substance of such letter being I�the result of a discussion amona the entire seven member Board of Directors of the Innsbrluck t;orth Townhouse Association. He further stated that the Board felt that the deci',sion made by the Executive Committee on September 8th, 1976 did not fully reflect the o'pinions of the residents directly affected and more importantly,. encroached upon the property already owned by the Association members in the form of common ground. He stated tha�t in the future, as in the past, they will qive the developer the cooperation needed to comlplete construction of the area. However, when there arises a situation where the needs of �he developer infringe on the lawful ri4hts of resident member/owner of the Association a d all possible compromises fail, then as a Board they must show their first tonsideration, to the people who elected them to protect their investment. , Mr. Virgil He'�rrick, City Attorney, then stated that reqardinq the memorandum he wrote to the City Cbuncil, he essentially aianted to review their authority and obligation as far as replat'�ting and amendments to the oriqinal to4mhouse plan. He further stated that he has revievi!,ed the Articles and By-laa�s of the Association and the restrictive covenants dnd he came t�p the conclusion that the developer could not do a�hat he proposes without the Board of IDirectors of the Association and the Architectural Control Committee. _ Therefore, M�'. Herrick advised the City Council that in view of the lack of approval � of the two af�Orementioned bodies, the matter should be tabled until such tir�e as the j developer andi the Association c�n reach an aareement. He further stated that if tabled, I it should hp'ifor a limi±ed period of tir;e as well. It should not be for more than t��ro or ' three months.j If, however, it is not brou4ht back within that period of time, the applicatian s!hould be considered void or the Council will at that time consider something that will put!, it ���ithin a reasonable period.of time. � Mr. James Lon'',don, 7286 72nd Lane, Minneapolis, stated that he would like to talk with Darrel Farr r,egarding this and hopes that there is some agreement they can reach with the Board of IDirectors. Councilmar� St,an•ialt asked what the Association's feelinqs were re�ardina this and Mr. Lindstrom stated that as mentioned in his statement, they will do everything possible to cooperate'�with the developer. t�hatONtbWill nciiman Stanvait to table.the matter for three month�,with the understandina Y U _. _ _ . return for final action at that time. Seconded by Councilwoman Kuko�•rski. Upon a voice'vote, all voting aye, Piayor P�ee declared the motion carried unanimously. RECEIVING THd MINUTES OF THE PLANNING CO"1�tISSION PIEETING OF DECEh'BER 8,'1976: INC., ZOA #76-06, 5600 MAIN STREET N.E.: 110TION by Councilr.ian Fitzpatrick to set the public hearj,� for meetincl of January 17, 1977. Secqnded by Councilwrn�an Kukowski. Upon a v�-� vote, all votinq aye, Mayor Nee declar�d the motion carried unanimously. / BFRT SCHROER, ZOA �76-07, BETIdEEN 77TH AN4-'19Tf1 AVE. N.E. ON EAS7 SIDE OF RANCHER'S an• F10TION by ouncilman F'amernik to se.t�the public hearinn for r�eetinn of January 17, �:1977.-�5ec nded Dy Councilwoman 'tf�owski. Upon a voice vote. al) voting aye,:htayor=_ '�Nee deciar d the motion carri unanimously. ROBERT SCH OER, L.S. N76 . 7815 AND 7F95 RANCNER'S ROaD N.E.: • (�yor Nee �tated �this did not need any action. !qT l 1977 OF FR�DkE1l. SAV �76-07, ROAD EAS[rtENT ON TALtUIDr,E LANE APtD 75TH 4lAY: ON �y �ouncilm�n Fitzpatrick set the public hearinn fer meeting of February 14� �Sec nded by Councilman t�amernik. U�on a voice vote� all voting aye. Mayor Hee ared t e nption carried unanimously. ' .. ' -•-• � . ..... . . _ .... ...r � 2A � 1' i i � � � i i i ! ; � I � � 1 ' � t �� ORDINANCE NO. AN ORDINAN�� ESTA�LISHING CIiAPTER 505 OF THE FRIDLEY CITY CODE �NTITLEU "BICYCL.E �,EGULATIOi�S" AND REPEALING THE PR�SENT CHAPTER 505 ENTITL�D "BICYCLE REGIST�tATION" IN ITS ENTIRETY THE CITY CC�UNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOtiNS: That presen;t Chapter 505 Bicycle Registration be repealed in its entirety; I And that Chiapter 505 Bicycle Regulations be adopted as follows: �' Section 50�,.01 State Statutes by Reference Minnesota Sitatutes, Chapter 199 regulating the use of � bicycles on'streets, highways, bicycle ways and bicycle lanes and Ml,innesota Statutes Section 169.221 regulating bicycles as'they pertain to the provisions of the � h�innesota Hl�,ighway Traffic Regulation Act, are hereby � adopted by '�eference and shall be in full force and e�fect in t�e City of Fridley as if set out in full. � Section 505',.02 Scope '1'hese regul�,tions applicable to bicycles shall apply � whenever a b�_cycZe is operated upon any street, roadway . highway, or;upon any public bikeway/walkway path set aside for the use of bicycles and pedestrians subject to those � � �i � � � � , exceptions contained herein. Section 505'�.03 License Plate Required No person who resides in the Ci.ty shall ride or propel a bicycle on any street or upon any public bikeway/walk- way path set aside for the use of bicycles and pedestrians, unless such,bicycle has been licensed and registered. Section 505�04 State License Exemptions Any person �bho, prior to March 1, 1977, applied for and receive� a permanent Bicycle License from the City of Fridley 1�olice Department is exempt from purchasing a State Bicy�cle License until January l, 1980. The exemption i$ upon condition that the permaneill; license remains on �he specific bic5�cle in which the license was issued �.nd to the same person that made application. The appliear�t must remain a citizen of Fridley for the e�emption t� remain in e�fect. The per.ma�ient license must remain�lattached to the registered bicycle and in legible conc�ition. Should a replacement be required, this exempt�.on is void. 3 STATE STATUTES BY REFERENC: SCOPE LICENSE PLATE REQUIRED STATE LICENSE EXEI4IPT I0� ORD I NANCE I�0 . Page 2 Section 50�.05 �mpounding If any bic�cle is found to be abandonded in any street, al•ley, pub�ic bikeway/walkway path, or private property without knqwledge and/or consent of the person in charge of said pr perty, then said bicycle shall be impounded by the Fri�ley Police. Impounded bicycles shall be surrencierecl to the owner thereof upon proof of ownership and proof c�f legal registration satisfactory to the Fridley Pol�ice. 505.06 w�a71e ---�— At the expi�'ration of sixty (60) days after impounding, each bicycl;e which has not been claimed shall be sold at public �uction. Notice shall be published in the official n�wspaper of the City of Fridley at least two �2� weeks �ior �o such sale after the Police Department has made a rea�onable effort to contact the legal owner of the propert',y. >i05.07 Bi�e/Walkway Routes The City shi,all designate routes to be used by bicycles and/or pede!,strians to include: � Bikeway/j1lal�kway paths to be constructed in off-street locations t!,hroughout the City. � Bicycle lanjes, which are separate and distinct areas of the roadway!, marked and set aside for use by bicyclists. � � , � ' � � 3a INIPOUNDING SALE BIKEWAY/ WALKWAY ROUT Bicycle routes, which are roadways to be used by bicyclists in conjunction with motor vehicle traffic. When a bicy�cle is being ridden upon or along a bikeway/ walkway rou',te, pedestrians using such route shall have the right-olf-way and the operator or rider of such bicycle shall turn loff such path or dismount if necessary to yield such right-,of-way. ' 505.08 �i.k'�ewa1T/Walkway Route I1�akin The City A2a or place si street indi bikeway/�val and use of �ager or his designee is authorized to erect BIKEWAY/ WALKWAY FOUT MAKING ;ns upon any street, or adjacent to any :ating the existence of a bicycle lane or :way path and otherwise regulating the operation �ehicles.and bicycles with respect thereto. � II� � O�DINANC� Np. Page 3 I, 505.09 Mot�brized Vehicles Prohibited I No person s�all ride or operate a motorcycle, snowmcbile,�,or other motor dr.iven vehicle upon a bikeway/wal�way path, except for maintenance, constructio�, and emergency vehicles. 505.10 Far�in � No person s�all park a bicycle in such a manner as to obstr ct pedestrian or motor vehicle traific . 505.11 Bic�cle Patrol-Enforcement , In additianito enforcement of the provisions of this Chapter by �egular members of the Fridley Police Department,'� the City A4anager or Public Safety ' Director is'',authorized to appoint individuals to a part-time b'�icycle patrol. Individuals appointed to such position shall be sworn to issue warning tags and �itatio¢�s for violations of this Chapter within the ` confines ofl,administrative procedure established by the City Managejr or his designee. � � ' � � � � 505.12 Pen�.lties Any violatibn of this Chapter is a misdemeanor and is subject to �.11 penalties provided for such violations under the pxovisions of Chapter 901 of this Code. PASSED AND �ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ATTEST: CITY CLERK ,'- r�ARVIN C. First Readi�g : March 14, 1977 Second Read�ng: ' Publish: � JPH/pr r LL MAYOR - tiYILLIAM J . NEE �� MOTORIZED VEHICLES PROHIBITED PARKING BICYCLE PATROL ENFORCEn2ENT PENALTIES �� ./l.r�Ai��<n�l Vll_L!•��[- CCIITFCf � <;�rA'�Kn.r�11�NL:�.01A fifi3lB ICiTI AAtl-�CI'a' � , � SLY, I'1A(?JU/�R7, W�F;DHOF1:i7, WEST Bc HALI_ADAY 2 3 O O L' I Fi � T N AT 1 O N A L A A N K Q U I L D 1 N G MINNEAppLIS.MINNt_SO7A GC',402 161?_1 3a0-?GOO C/•DIE: DURGW tCLt:x: ]s-O[.OS TCLECOPICR:IG�?1 J�i0-2966 146(! W-rI17�,T IJATInN/�L lII.IJK lJUIL.UItJG :�iT. Pl+UL.t.INtJL501A �'$101 (612i 227-(i017 ✓ . Mar_rh 15, 1977 � � t�1 r. . f P�fr. � �•,r . �' � ' t' . � "' � : �:•r . � ;•t r . � I•i L' . ; , ' Col��man Rol�ison I'rank Warber llon �teinbr'euck � Euqene V. Ptirol }:cl���ard ]�. ?�Surrcy III I'au]. L. �•�hc',el_cr t�iarv.i.n C. B�,runsell Cllarles Til'den � F 116 71fIhC7 .riTfiCET 5n1JT1/YJf�'iT ROCHE$TLR, MI��Nf ;OT/� 5SU01 16071 2/it7 -:l1:,6 VERtJ\NE L. ENDORF IG12) 340-2G51 Re: $1,500,000 Industrial Dcvelopment Revenue Bor�ds (Safetran Systems Corporation Project) Series 1977 �City of Fridley, Minnesota � Geni:lernen: „� I have no�a rece�.ved comments on a7_l of tlie operat� ��e docur�c�r�ts �ertaining to the subject L-and issue fro;;� i�he p�,rties involvcd, with th� exc�ption of L-lle City Ai�torney and couns�l to Safetran Syst�ms Corporation. Assuming that I will be �ble to obtain th� con�m�ents of Company counsel and the City Attorney 1��� th� e:zd of ttzis �aeek, I have procceded to place on t11e agenda for the Fridley Cit�� Council meeting of I�9arch 2]_, a reso]_ution c�i.vir.y final approval to this Project. A form of resolution t,�ill br. ��rovided i�o tne City no .latcr than Thursday, riarch 17 , and r.evi:;ed documents should be a�%ailable by the time oL- tlie Council t:���ei:in� on r:�irch 21. Assuming that t17is sclZedule can bc adher.ed t-�, 1�:��lzld suc�e1est �ti�e set a closinc� date for tlzis issue of T�Iareh �.`} :�t �:0� o'cloci; a.m. in tlle officcs of the Trustee. If th��+� .<<:tc �3nu t�ir,�� ar� c��isfactor�• to the p�-�rties, �ti�hich I will assume "�'� �'��:� 7 ll�aa� otilert�-ise b�f Friday, A1arc1� 1B , I would propose to i�z:Tc' doeun�ei:t-.5 �ic�ned by i�1,E Com��a�ly anci the City, preferably at tl��� Cii:y o�fices, in the afternooll of Aiarch 2f3. � Itr�ms rei�la�_ni�zg to l�e resolved, of which I am aware, lIl�.Il1C3C : � ' �� �_1 1• ��11 r�al est�at.e matt.erS IilUS� l�e resolved on ol before rI��l-cli 29, includit�g ol�t�ining a release of t-.h� :Ge<is�d Land £rom i�he e�i.:>t.i»g 1llbrtgzgc on the 1'ric�ley �;rc��:,���_i-,y, ��pprov��l and ex��eucion of necessary C.`�1:.iC'Illnllt�i �''I, �1�1]'t�� ��t111. iiCJ]'C?t'111�'Il LS c�l�C� c�l"1)/ 0�:.}1C1" C�OCU— 111C'I�tS ]1���,���g�qly 111 ��p��n�,�{;1011 l�lt�1 t)1G CilVlsi.en pf tl��� prc.�perty, ap�i-ovals, �,�here »e��ssary, o£ t}le CiLy 4 l_......,,. ''�'\..7'4^."SY�"'MN'I.v�iP.�w.w.. 'P."R+1'7Tr .�lww � . . w� �+..r . .. .. � ._.. .. �., . r°pt}'fm fi'�•�!P". . .va•.y.e��L^.' .� "'.=!!,l!^6F7'.`,"iWti'.''?1+,;:isM!'•�+`i.'+�TZ�{ .!..x.!ew�!+.L'T'�!?.�...a . . �� � � S a, , ' �� �j LJ � �J � L_J � DORSEY,WINDHORST,HANNAPOpD,NJHITNCY Q HhLLAOAY I�age ?. . Marc1� 15, 1977 of r'r_idley relating to the subdivision of the pro- pert�y, the drawing of the deed f_r_om the Company to t)-►e City and the r�cording and f_i]_ing of.. Lhe decd, Lease, 7nc�entur_e, F'inancinc� Statemerlt_; and any other document� necessary to ue recor_ded� and �he rencler_- ing by L-liis office of a preliminary title opinio». I have di�cussed these matters with Jay Cook of our office, �,�17o is working �eith the Company to resolve th�se que�i�ions. Ii� is imperative that I know as soon as pqssible if there �.ill be any pi-oblems in meeting our proposed time sch�dule. 2. As soon as possible, �,�e need a letter from the Company settinq forth the amount and nature of capital expenditures �ahicli have been made by or on behalf of the Company with resp�ct to iacilities located in the City of_ Fridley for i:he period of three year.s prior to the date of the Bonds (i.e., since F�bruary l, 1974). This informatiori is nec�s- °sary to insure that we have not violated the "$5,000,000 limitation" cont_ained in Section 103 (b; (6) (D} of tl�� Internal Rev2ilue Code and Regulations promulgated thereunder, and in order to co>>lplete the Statement of �lection to Issue Bonds in Excess of $1 , 000, 000 �•.l�ich the Ci�.y ��till have to execu�ce arld suumit to the Inter- naI Revenue Service prior to the closing. 3. We will need from the Company a resolution of tl�e Bo�rd of Direc�Lors , a I pre��ared and for�,�arded to rlr. Robiso�z and copies of the Bylaws o.f_ the Company. copy of_ the form of which some time ago, 4. ��Te will need certif_icates of insurance show- ing tha� the proL�erty is insured for at least the coveraqes 'specified iii Secti.on 5.06 of the Lease, and containing a necessary standard mortgage clause and endorsements to sho�a the City and Trusi�ee as additional insureds. � 5. The Company should a15o provide, as soon as possible, a list of all �quipmc�nt �ahich is i�o bc acquired wit.h i�he, proceeds of the 13oi�ds, at leasi� by number oF items and type, �,�i11C11 will bc_ a�tached to the Lease and co»stii�ute' i�he iriitial list of Le��sed Equi��ment. �9ith iesnect to i�he it.ems listed in parac�ral�h 2 throuc�h 5 above, I�eould,ieguest that these items be provided to mc as soon 4A DO{lSCY,WINDHOR�T,HAIINAFORO,YiH17NCV g IIAIIADAY Page 3 F March 15, 1977 as possible, but in any event, no� later than rlarch 25. , Very truly yours, ' �r � /� -��: ' � :�✓.�..-v,a_ !' �....,,�'f , ' �]_ane L. T'ndorf . / VLE:sp cc: Jay Cook � � 0 � � D�RSEY, MARQUART, VYINDFiOF�ST. WEST C� HALL/1DAY I £300 FIR; T NATIONAL C�l1NK L7UILDING F MINNEAPOLIf,.MINNE.aOTA JJ4d2 4C JONA�'14AN V�l.I.�,GE CENTC�7 ���, (6121 3A0-2�00 116 THIqO iTRCET SOUTMWCS7 CHA�Hh,f41NN[.�UTh !ib3f6 '� ROCHE.riTC(7,P�IN(JC:,OTA 55901 (61?) 4AU-40�'' � • CAEILE:OOROW (6071 280-31&6 � - �� TELF_X:23-OE,OS � '�. . 7ELFCOP�ER:fc�2) �aG-2o60 '� IAFSO W-f IRST NATIONAL OANK UUILDIHa ���, $T. PAUL.I�INNf_SOTl� 55�01 ��'� (612) 227��017 March 3.G, 1977 VERIJ�NE L. ENDORF (612) 340-2661 Mr. P�arvin C. 'Brunsell �a.ty I�lanage�/E"inance Director � City IIall ' � 6431 Univer_s�.ty Avenue No�. Fridlcy, riinn�sota 55432 Re. $1,5QQ,000 Industr�_al Developm�nt Revenue Bonds (Safetran Systezns Corporation Proj!�ct) Ser�es 1.�377 - Cifiy af Fridleyr Nsir�nesota Dear l�ro Brunsell: Enci.osed are copi�s of the final resolution author�zinq the sale and issu�nce of the above Ilonds �o.r adoptioz� by the CiL-y Counci."1 at i.ts ?�iarr.h 21. 7reetinge Z-is soon as -L-he resolution has been adoptedP pleuse r�tu:�zi one certifitd and executed copy to this o.ffi.ce. If you have any questionsy �lease ca1l ine at once� Very tx�uly yc�urs, VLE:�p �nclasur.es cc: Virgil C. Herrick � , 0 `�'� t,� ' ����.. h�.>:�_� .. . :._n.-�r..� �„�,sre•-�<x�+.:,,�v.�_ f..`i �.°' / � -' �� .-.,��/� /�rlarie o �"nciorfj � � �.. . .r....,...,w..«,.,a.,. '"' . . .. . . , .. .-..�t...r.�- �«A. . . ., ..-� ... , . . . . ,. scrrs � , { � li � , �r � ' LJ � � C�;)t'1'JI'TC11'?'T(11J �)I' r1T�lU'JT,S RT'i,n'f'Ti��; '�'(� • $1,500;UOU INUUS7'I2I11I� DI.V7•;LOPMENT ItEVI�IJUI, BUI•]IaS (Safctran Systcros Carporation Project) Issuer: City o� �'ri.dley, Min�iesota Governing hoc.ly: City Council Kind, clate, tir�e ��nd place of ineeting: a regular meeting held on tdarch 21, 1977, at o'clocl: P.M., at the City Hall. P1embers ��resent: Plembers absent: � Docum�nts ��t�acheci : � t�tinu�es of :���d M�c�ta.ncr (x���cres) : 4 RESOLUTION �1UTfiORIZING THE SI�L�E AND ISSUIINCE �F TNDUSTRIAL DEVELOPI✓ENT REVErIUE BODIDS UNDER THE MINNESOTA MUNICI}?71L, INDUSTRIAL DEVELOPP�lENT ACT ^1 O I'1NANCE 1� PROJECT Tii�REUNDER � SECURED BY PAYI�IENTS TO BE RECEIVED PURSUI�NT TO A LEASE AND A F90fiTGAGE OF THE PROJ�CT AND 11 PLEDGE �'1ND ASSIGNP�lEI��T OF THE C1T�r `S INTEREST :Ir3 THE LFASE '- AND PA�'I�'1�NTS TIiEREUNI�ER TO A TRUSTEr , APdD DE- SIGNATIN� T��E CITY REPRI:,SEiv`1`��TIVE FOR THE PROJECT 4D I, the unc'•.ersinned� bcing th� c1u�,y c�ualifieci ��nd actina r.eeorcl- ing offieer of the i�ublir. corp�r�.tion ZJJUZII� the obJ.ic��-�ti�ns re.f.e�_r.ecl to in the title of �hi.s certificate j ce�-tif_y th�zt thc� docur�ents �t�t�zchr� hereto, as clescrih�d a.}�ovc, h�.ve be�n careful_ly comPa.red �•�ith the �ricrinal recorc�s of s�id eorpc�r.�t�.�n in Mv 1c�ct�-�.l cust�cZy, f.r�m �•;hi�h i.hev h�:ve h�en transcribed; that s��i�� documents �.re �� corYc�c:t and c�mr�J_et,e tr�.nscrint of the minutes ot a neeti_nc� o{ the c�ove.rn�.nc� h�c�y c�f s��.�.�' eort��.r�zti�n, �znc1 correct �nd complete coPies of all resoluti�ns �-�nc� oth�r actions ta!;cn a»d of all documents �ppT-oved hy tlie c{ovei-ning boc�.y a.t said Meeting, so fa1- as they relatc to s�zid obl icr�-�.�ions; ancl th�t said r�eetinc� i:�as c?u1v hel.d hv the qoverninct hody� at the time ��nd nl�:ce and ����s �ttenc:led thr.ou�Thc�ui: k�y the r.ler�b�rs indic�ited a.hove, ;�ursu�-�i1t to c��11 and notic� of such rleei�ina given as required by la���. ' day of ( �I'nL) WITP7I;S5 , rty 1���tci Aiarch , 1Q77. offic�.��l.ly <z> such r.<�cor.cli_�lc� �ffirc�r. this Signattir.e riarva.n C. IIruiisell, City Glerk � f��u��e ��ncl '�'ii�le .�_���...� .�. .»-.-+.......�....,.�„ w .s •..,.�.---.,t-��tt^I+'�.A ...r�'cr-..,�.�ate•,u.�>.:ti..ww...r�..�r�..�.,y�w...,w��e�.�.....w.w+.�r.rr+�-�".�.�.w-•......,.,�c.:..�.-�....�...��.�.,,..�...t+.�..,...�+.r�+�s...«+.,+...r+r�e ..w.-.�--. . , i ' ' ' , , ' ' Ri;501.;U'I'TOPI ntl'I'fi0RT7,it�G '1'ilC Sn1.1: 11C1[� ISrlJI1i)CI�� OF If71�U �'I'(Z.T.111, DI:VI•:LC)1't-1I;iJ'I' 12F,VI;PJU1�; L'OIJO; UP7[)T:f? Tf3I, 1�17I�Ill�;SO'I'1� i�1UIJICTi'11I, TtIt�US'I'I2I11L UL•:VLLOPi•fL�1T I1C'r Z'0 F1P)I�I��CI: TL PItOJI;CT �'ItLIZI;Ui�I)f.:R, SLCUI2I;D BY I'JtYt�Jl,'Il'I';; `i'0 BE RLCEZVL.D PU3ZSU�'1N'1' TO n I,E715I: ANU Il ti0i;'�'GT�GE OF' TIIE PP.OJECT nTdD 1\ PLrDGL•; nran �iSSIG'idt�]LIdT OF TfIE CITY'S INTL•'ItF.; ;'1' Itl TII)� LEIISE 11tdQ I',T1YI�lI�I�1TS `I'lii;REUr�t�rR TO A TRUSTEI:, T�P3D D�SIG- NJ�TIN,G TfIE CI`1'Y RL;PRLSE[J`1'ATIVE T'OR TiI� PROJLCT � BE zT �tESOLVED by the CitX Council of �he City of rridley, Minneso�a, as fo:llows : 4E lo I,'� has been proposed that the City issue its Indus- trial Developme,ni: 1?evenue Bonds (Satetran Systems Corporat�_on Projc�ct) (i�he "�,Bonds") , in the pz incipal arnount of $1 , 500, 000 , and use the proceedls to acquire certain land, and to construct. and equip one or more bui�di�igs and other improvements thereon anc� acquisition and; installai:ion of items ot equi.pment (the "Proj�ct") to be used as a,n addition to Saie�ran Sys-�ems Corporation's exisi�- ing manufacturi,ng plant which is used to manufacture and distribute elect�-o-mechanical �roc�ucts, prima-rily fo.r use by the railroad industrX� the P'roject to be leased to Safetran Systems Corporation, a Minnesota cor',peration (the "Corporatian"). The Counca.l gave preliminary aF�p.roval to the proposal by resolution duly adopted December 6, 1976, and that approval is hereby cor,firmed and rai�ified, and•�ursuant �o that resolution, the follorainq documents relai�ing to the Projeci have b�cn �ubmitted to the Council and are no�a, or shul�. be pluced, on tile ir� tlze orfice of the City Clerk : (a) 'I.ease� dated as of Fehruary 1, 1977, p��oposed to k�e made, and entered into between the City and thc Coxporai.io',ri ; (b) PSortgage and Inc'enture of Trust (hereinafter, the "Indentture")f da�.ed as of Februa.ry l, 1977, proposed to be Made and entered into between the Cit�j and the First Nati'onal �3ank of Minneapolis, as trustee (the "Trus�ee"), (c) IBond Purchase Agreement, da�.ed March 21, 1977, betcaeen an'd among the City, the Corpor.ation, Northwestern National L'ife Insurance Canipany and North Atlantic Life Insurance Compan�� of 1lmerica; and (d) Guaranty 1lgreement, dated as of February l, 1977, from thc Cpmpany to thc 'lrustee. 2. , I't is hcreby found, determiizcd and c�eclared i�l�at: (a) Ithe real prope.rty, imProveme�its ancl ��c>>:soi�al pr.o- perty descritaed' in the Lease arid Indenture constii��zte a Project autliorized b}= t�ic hSunicipal Industrial Developmeiit �ct; (b? the pu��ose o£ tl�c Projec� a.s ancl tllc effeci. tl�c�reo£ wi11 be to promb�e the puulic welfare Uy tlie attr.action, encourage- ' ', �.«.s...i+r•,riw,.: «... . . . ��ynt.o.....r^+..w��rt�..x�1no- . ..Y �;Atr'MIV�'iC±7r�!C'e".-1;!!•.,*��r� .x:' ..r:�«a:-, iR.•'��'1:+'i`Y`.� r _. -rr' -�nl'attiM�7�!.1'�w�f"'MMV �n�.twTW�'a�pmaM1in� .w�wT�fyM+'� , -r.. .. ...... w, 4F ► mcnt, rE�i�ention �n;l clevelo�ment- of economicall.y SdU)1C� ir�c]ustr_y ancl commcrcc ;c� a� t� E�r�vc>rii�, so f��r as �7�%JJihl.c, the emer.c�ence of uliyhted ar�d marc�ir�al .la»cl ���i1c� areas of chronic ui�em��l.oy�nent; t1�e develop�nent anti r.etcnt�aon of indvstr.y to use the available resources of the com:nunity', in order to r_etair� tl�c benef.it. of its existing investmcnt in ecluc��ti.on��l and pul�l ic scrvice f.aciJ.ities, Uy h��].L-i.nq the movcr��cnt of talentcd, educated per.sonnel of mature ac�e to otl�cr areas and thus preservinc� the eco»omic and human resources needed as a base for providing governmental s�rvices ancl tacilities; (c) the �'roject is to be located �-�ithin the City limits, at � site which is easily accessihle to employees residing �ithin the Cit�� and thc , sur.rouncling community, and to means of tr_ans��ori:a- t�_on of materials and products by rail and hzghway; (d� the Project l�as heen approved b�� �.he Commissioner of Economic Dcvelo�ment �f the State of Minnesota as tending to further tlie Purposes and',policies of the Industrial Development Act; (e) tlie fin��ncing of the Project, the issuance a»d s��le of ti�� �3onds, th� execution and delivery of the Lease and thc Ti�den- ture, and the pezL-ormance of all covenai�ts a»d agreeme»ts of tlie City contained im �he Lease ancl Indenture ajld of all•other acts and things rec�uired unc�er the Constitution and laws oC the State of t�Sinnesota to mak� the Lease, Indenture and Bonds valid and bindi»c; obligations of thc City in accordance �ti�ith tlleir terms, are au�l�ori�ed by the I�Su�».cipal' Indust-:�:ial Uevelapment I�ct; (f) it is desirable that a series of Industr_ial Deve]_op-� ment Revenue Boncls in the an�oun� of $1,500,000 be issued by the City upon the tcrms sGt forth in the Indenture, u��c3c�r. the provisions of which the City's interest in the Project, th�� Lease and thc paymL»ts thereunder �,ill be mortgacted and pledge�d ta thc Trus�ee as security for the payment of principal aiid interest on the Boncls; (g) the rental pa}�ments containec� in the Lease are fixecl, and required �o be revised from time to time as necessary, so �s to produce income and revenue sufficient to provicle for prompt payment of principal of and interest on all BOIIC�S issued under the Indenture when due, and th� Lease also provides that the Corporation is re- quired to pay all e�;pei�ses of the op��ration and maintenance of the Project includiilt,�, but �J1ttlOtlt limitation, adcquate insurance thereoi� and all taxes and speci�l assessmeni�s levied upon or with respect to the Project site,and payable during the t�r.ms of thc Lcase; and ��1� 1111C�Ci t:}1C PrOV1S10riS Of I`SlIIIICSOi.c� $tclt.UtC?r � SCCt1011 974.1.0, a»d as provicled in the Lcase ��»c� Incle:�ture, the I3onc3s ��r.c no� to bc pay�7ble fl'011l nor cl�arc�ed upon a»}� fui�cls of thc� Cit�� ot:l�rr th�zn the rc�venue �,ptecigeci �o the payment ther.eoL; t�.h� Ci ty i� noL stil�ject t� �i»y li.�zl�i l:�ty tl�erc�t�, no l�oldcrs of. t�.hc I�c�ncl:; sh<�].1 cvcr havc� t:lte righl td com��el ai��� caereise of tl�e t�ZX111CJ pc��;�.�r oC t_I�e City to Z��i�� any cif t:he I3o»cis or tlie interest t.hc�reo», nor. ta enfol-c.e ����)•met�l. �:hcreo£ 1f�tiinst ��ny E�r.o��cri�.y oC thc Cil.}�; rhe 13t�nc1S Cl��lll. not� constii:ul:e a',charc7e, liet� or et�cwi�Ura»ce, ].ecJa.l or ec�uital>le, -2- s °:i.��FN.i�:N'-y Vi^t l�i..��aM�.:e^�.yeyh'�.Ynn/+H��.wl.tt.]I....^��`�y`s� My+ti�r�w'�'�^++��°• .r , ... _ . . . .. n..-. ........ •+.k'.�w.+r .T:...s•,.w� !"...^'t'� .�.-....tr.:S. T+.«:.T..t..,Y.'-... ..,J:'w3:!.'-.1.. �rA'-. . ,^,"). . .. ... . . . r'.. ..-. . . , ... . . .. . . . . .. . . . _ . . .. . . - �� G upon any proper. ty of the Ci.ty; C��r_?I I3ond issued L1nc3cr the Incien t�ure shall rr_cite tha� thc L30T1CI, inclucli.nc� intere:;t- ther_can, is pay�)�le solely from t}�� revenue pledgecl to the pa��rnetlt thereof; and no Poncl shall con>titul:e a dcbt of the City within �he meaning of any consti- tutional or statutory limitatian. 3� Thc forms of Lease, Indenture, Guaranty and Bond Purchase Agreem�i�� referred to in Pazagrap}i 1 are approved. � T)ze Lease, with suc'h variations, insertions and additions as the City Ati:orney ma� helre�fter deem appropriate, is directed to be exe- cuted in t�1e na',me and on Uehalf of the City by the i�layar and Ci.ty Manager, upot� e;x�cution thereof by the ofiicers of t}�e Corporation, The IndentureD;with sucl-� vari.ations, xnsertions and additions as the City 11t�ori�i�cy may he.reafter deem appropri_ate, is directed to be executed i.n ,the name and on behalf of the City by the rlayor and City Manager arid delivered t.o the Trustee. Copies of alI of ti�e documents shall' be delivered, filed and recorded as provided thereino The �erms and conditi.ons of the Boi1d Purchase Agreement are found to be reasonable and advantageaus to the Cii�y, and the Mayor is author,ized and directed to execute the same in the name and on hehalf af the Ci�y� • 4. In ant.icipation o.i the coll�cti_on of pa�•nients unc3er i.h� I,ease, the Cii.y si�a1� proceed forttl���ith to issue its Indusi�rizl Dc- v�lapmcnt Revcnlie Bonds (Safetran S}�st�ms Corporation Project) , dated as af February l,, 1977� in the principal amount of $1,500,000, in the form and upon thei terms set farth in the Indent.ure, which terms are for this �urpose incorporated in this z:esolu�ion and made a part hereof. The proposal of N'orth�oestern �Vati.on�7_ Life Insuranc� Company and North Atlantic Life Insurar.ce Company of 1lmerica, to purchase such Bo»ds at a price of par plus accrued inter�st, upon the terms and conditions set forth in the Bond Purcliase Agreement is hereby found and determir.ed ta be reasonable and is hereuy accepted . T}ze N:ayor and I��anager are author; 7ec1 anc, directed to prepare axld execute t}�e Bonds as presca-iL-ed in the Indeni�ure and to deliver them to tlze Trustee, togetrer_ wii�il a certifi�c3 copy of this resolution ai�cl ot�licr documeiit.s required by the Indenture� �or authentication and deJiv�ry to the purchaser. 5e The r�ayor and City t�9anager and otlier officers ot the City are autl�orized aiici diiected to prepare ��nd furi�isll to the purc.}Zas��rs of ttie Bonds, �ahen issued, cer.tifi.ed copies of ��11 F�I"OC:E��CIlIlC3s anc3 records of tl�e Ci.t}� relating to t}�e I3�r�ds, ancl stich ot.l�cr affici��vits and certificates'as m��y Ue rec;ttir.�ed to shoc,� t�he �.-acts re1��Lin� to the leqality and',marketabi.lity of the Bo»i3s ��s sucl� f�lcts a��I�e�ir from thc k�ooks ��r�d recor.cis in the offzcci-s' cu>t.ociy rsi�cl cor�tr�l oi- as otlier�;ise krio�ti�i� to them; anc� all sucli cert.�.f:ied co��ies, cr_rt.ifi- cates and �if.fi<�i�ZV�its, incll�ciinq an�� ]ieretof.oi:c ful-nisl►ec�, sl�all con- stittii_e rc��rc:_cnti��zti.ons of t.lic Cii:y as to th�� tr�it)� oi al.l st��tc- ments corit�inecl �;hereir�. ' _3_ � �� G. Th� ��zpl�raval hcreby given to t}�e v��r.i.ous docu �-C mcnt� re- £errecl to ak�ove i.nelucles an ap�rov�il_ of sueh �idc�i.tional c]e�ail.s i' thcrein as may be nece�sary and �ppropriate and such modifications thereto, de].eL-ions therefrom at�d adclitions .thcreto as may bc neces- � sary and approE�rial-.e ancl not to the prejucl�c� of the interest of t1�e � City, anc� a����roved by the City 1lttor_ney prior to the executior� of the documen�s. Tl��� eyccution of any instzument by the appropria�e officer or oificers of the City her.ein authorizea shall be conc].u- , sive evidence of' the approval of such documents in accordance �,�.i.t-11 ' the terms hcreof'. In thc absence of the t�layor or City t•_anag�r, any of the dor.uments author_i.zec? by this resolution to be executed, may be executed !�y the acting 1�;ayor or acting City ;��ian�c�er� zespectivel��. � 7. T h e C i t�• i�anager is -nere� desi nate3 as C;i � Y. � �y �pres��ta- tive� and the Ma�or as alternate City Repr_esentative, for all pur- � poses of the Lea'se and Inder.ture, �rith full autt-�,ority to �o, in behalf of the Ci;ty, all those thiilys required or authorized in tlze Lease and Indenture by actien cr upon certification of the City � Representa�iveo 8. The Mayor and Cit�� Manager are authorized and directed to execute and file with th� In�ernz� Rev�nue Service a stai:ement of the City`s electian to issue �.ndustxial development honds in an amou t in exc - r n ess' of ' $1,000,000 but not more than .15,000,400, in such' i.�rm as ma��, be anproved by the City .�,ttornev, �r, ora��r 40 ,' satisfy the T_3o.�ds aa an "exempt small issue" un3er �'ection 1G3 (b) (6)(D) of the United States Interna� Revenue Code of 1954, as amended, azzd Treasury Regulations 1.103-10 (b? (2) (i) e - PASSED'by t.he City Council cf the Ci�y of Fridley thi� 21st day of t��arch, 1977. . . ' Attest: Ci�y Clerk ' ' , ' � ' ' --4- Nfayor -I �� � `✓.' ' ,I �� � y.X �, o,. : , . � , �� - 9 - l�` _ �.fy ,���. � � ��� ' <,���� p ,, . /�� ���J: 6-p� �. f ' � �F., \ � h 4, 0 � -� ► ,, ' � I v �` � \�� , . \ ��` y�Q �'± o o ' 7:it �S%,/�,�f njES%�t efY%:, • �o° 9, �, �, ` , � Y� _ �r�'t,r ;a� �;r� � s -, c� �4i \ � _ _.._. __, _ _ -- (� _'. � °---! �y � -- - --- - "1 .. ... _ � ___... ----' -- �iY 0 � J ��V � e � ' �� � L A '' � ` ; ., s a� � � ! !� � a�`�T,� s,�„� �� . � l� �" �� •4� � °d� � T�� �J Y��, �':j � � ,. �• $•'� � \ . �{ �` Q� p �!� � `f { O ,f� . � - . � -�' �� 1� . ! i: ' �, 4� , �+ . . �.�� O n�� � . � .� • _ . . . . u� �9 �,� j . � c� �i ;� ��' i ; � ,, e,Lti � � b; . TARGET ADDITION k�� ; ,� � �. . ,� ' ` I r� � � i a - �a ' i - . ' . . . ;r� . .. . ti . �, i . • � x . � D .' _, oi f �. ' � _._____--..�sr::ac:�,•"ex`o�-:;xt ��WF:���r-. � ��� ..--------------- - � I s S � u � � �� � , � 'r� � ! � I,� !� �K I, •o �� t � �'. . � � 1 [i`1 / a `" Cl � e �S � �� , (e� `� � � ' � � .,; ° ' s .P� �I o �' 4)'� ( '�i� � �� ' � � V � �� ( ��. . . e . � __' .__.� _.._'_" _ __ � r3�� ��5� __J .' }�.',�' B L;i�' i w,;__ _ U - ' -, -( /, f -- _ - - - - o-�— - �..__. _ — �`� _. _ _ � ,/ .. . � � � Q � (,S ��� r �, � .. , � �� .�,` I � �?} o ;�� i � s �o � � ,C•�Y C o -;� ' 1 . - �� ° � � ' ; .� . , _ '� i �3YQ'e;�ees�ae�irr.���x'; � --! .��,`.`?.. % /�/.1 [ A7 J L �� .__w". � ` �,,,` O' v `-_ _ A.1' _�✓ �' •f/. ,A�� �/►• J r,.. ... � � --. _. s _ -;��- .� � - iS"/, y� J � . � � � _ `- - - / 3l 4.1 S- - ' —.,_ I —____ __—.-_ --- _ . _--- • --____. _ ._--- --- � d � � � ' c., c� r� ^ o'~ RT `i � TARG(�T �TQ���E �_ (�_�: !__ � � !, � FR�D�EY, �P�^I�fNE:: �0-�t �\ � ,I . � `� _ --;)� �� ;.� , , G � �;') � ,�" i I!/ �} ,•,� � , r� �,:,�-� _ �. � , , � S�' %C,�jti-°���lS��`l tA,.4 .. �••-- _. o-�---�-.. WiUiomE;l,�yp �►�4�.�.1,�� i'��.,7Gt � ' CC�;1::';p�ic 3�f.b'IS.�;!•.' . �III �Y A . . ,� . ... . . . �' � � vJ I 5 500 ► I . _�_^ � �,� _ • p _ ;i.E.CorafSE%� �i �� ; �``' -' � 'T" r �: �:; ; ; � i.. � �. ,= 4;:1 ;:� L. C 1, �,;`��.\��",- -i 1'� ��� , ;t��l�``�;% � '.; .,,. ; ,��'�,:}��1� S � . �� ' O �' � i.-.:,::::S:j��il�tr«:7?Ca?�. �! � �.—r ++-t=tLh �/ ��i 4 �'i� t . 1 ...a:,.,'X 4 �ue,� r K,....-r� �r. �' _ `�� - ti: �, • `,:, K.}, d� . .; „ 1 i . �;- 4.� ,, ,_. � - ; - �. Y� ' `'. � /.' .r'�•.. - ��•{,•.F�•`~"��,{.1�� �Ar`�' . � ��i�i':g _ _ 3� �3`�"�,�" �� ����'? �'� 6 F 6431 UNIYERSITY AVENUE iJ.E., FRIDLEY�, MIFIPJES07A 55432 TEIEPHONE ( 612)571-3450 Mr;. Mfchael W� Pendy 70b8 - 43rd Avenue North PJew Nope, Minnesota 55428 March 15, 1977 ' Dear Nlr. Pendy: I have your application for a bartender`s license for the period beginning May 1, 1977, and extending to April 30, ' 1978. Our Cit,y Code prov�des that this type �f license must have ' the approval of the Police Department. The Police Qepart- ment did not approve your license. Certain informatian . was not completed on your form. Under the terms of our ' Ci�y Code, I as �ity C�erk ca7not issue �he license under th� present conditions. You are entitied ta a hearing be�ore the City Council regarding your license. If you ' would be interested in this hearingp please let mc E;now and I will set the hearing up. � ' � I ' ' �. .,�,� S' _ � ,\<� . ..i � I understand that at the present time yo� are working with- out a license. In no event are you to work beyond April �0� 1977, without having obtained a license as outlined above. To do so wouid be a vioiatian of aur C�ty liquor licensing ordinance. MCB ps ccl f,eorge Ni ckl ow '� James Nill Very truly yours, Mardin C. B�°unsell Assistani City htanager/Finance Director � � �� , ' �J ' � ' `. � � � � ' ' ' tnsured ol atl Sums which the insured shall become obliged to a 4 law �or injuries or Camages to persons, other than employees, ncluding the liab Iity Iimpos d6ued upon him by by reason oi Sectipn 340.95, Minnesota Statutes. Such fiability insurance policy shall further rovid cancellations for ahy cause can be made eilher b Pon the insured y the insured or the insurance com p e that no notice to the Cfty in writing of intention to cancel the same, addressed to the City Clerk. Such polic � conditioned that thp insurershall a p�ny without giving ten days or injury caused b' p Y� to the extent of the principal amount of the policy, any damages fo hdeabh Y, ar resutting from the violation of any law relating to the business for which such license has been granted. . 603.16. The City Council may suspend or revoke any license for the sale of In4oxicating iiquor �or the vi Provision or condition of this chapter or o( any State taw or Federal law regulating the sale of inioxicatin Ii and shalt revohe such license for an a�ation of any mandaiory revoc�tion, and shalt revoke forjtailure to k ep he ;nsu a cerrequired by this cha tate is gro ndsutor et�ect. ' pter in full force and 603.9T. Notic� ' Except in the ca�e o! a suspension pendin a preceeded by writken notice to the ticensee a d a publ c hearin Vocation or suspension b of the time and pl�ce of the hearing and �ha�1 state the nature of the charges against th � the Councit shall be g,. The notice shall give at least eight days notice may, v,rithout any notice, suspend any license pendin a hearin on revocation for a e �icensee. The Counal, days. The noYice may be served u 9 9 with the Pon the licensee personally or by leaving the same atefhe I cen ed p ems es person in charge Yhereof. No suspension shall exceed 60 days. 603.18. Alteration ot premises Propose� enlargemenf, alteration or extension of premises previously iicensed shall be reported 4 Clerk at or before the'time applica4ion is made for a Building Permit for an o the City y such change, 603.19. Dispensing Ueense No person shall wo�k a5 a manager, bartender, cockfail waiyress, clerk, or in any capacity where s sells or serves intoxicati,on liquor on tMe premises licensed under this chapter, and n such person to be so employed, unless such person, within seven days after being first em uc� person o licensee shall permit any fora license to engage in such business. No person may be so emp�oy�d for any length of time if ' denied or revoked. P�oyed, shall apply hrs license is 603.191. An application f�r such license shall be filed with the City Clerk upon forms rovtded b application shall be verified under oath and shall contain the Pollowing info mation: y the City and such 1. The narnes and addresses of two residen4s of the State of Minnesota, who have known the a period of two years and who will vouc� h sobriety, honesty, and gensral good character of the pplicant for a 2. A concise histo aPP�icant. ry of 4'he applicant's previous employment. 3. Yhe record, if any, a� arrests and of convictions for crimes and misdemeanors other t 603.192. Fee han tra�fic offenses. 7he annual license /ee ancJ ex ir t' renewal ot an existing Itcense shaltbe adte at lea�sb 15 days pr�io�to the dater 1'the ex �S Code. A such /orm as the City Councit ma a PP��cation for Y pprove. p ration of the license on 603.193. . The application shall be referred to the Police Department which sha11 investi a apptication and make A weitten report thereon at the ear�iest practicable timete the tacts set forth in the , If the Police Department 6 ,� 803 Nottce Alterafis PremisE Dlspens: Llcense FQe 603-11 � ' F irecommends that such person be licensed, the City Clerk shall issue tha Iicense torthwith. If the ,Police � Department makes a recommend�tton that the Hcense not bo issued, the appilcant, upon request, shali be entitled to a hearing betore the Cily Councll and may offer evidence to prove the Iicense should be issued. � 603.194. No person shali be issued a license If it appears ihat he had committed an act which is a wiliful violation of • Minnesota Statutes 340.07 through 340.40. � 603.195. • Any license Jssued hereunder may be revoked tor any violation of this Ordinance or of Minnesota Statu4es 340.07 ' through 340.40 or for convictlon of any crime or misdemeanor lnvotving mo�al turpitude. 603.20. NumbQr of Licenses ' ' 'The City of Fridiey is hereby restricted in the issuance of "on sate" tiquor licenses. That the number of licenses issued pursuant 4o Minnesota Statutes 340.353 (s one tess than the maximum number permitted by Minnesota Statutes 340.353. That the purposs of this res4riction is to enabie the City to continue and expand the murticipal ' "off sale" operafion. • 603.21. Penaities � � ,� Any violation of 4his chap4er is a misdemeanor and is subject to al! provided for such violations under the provisions of Chapter 901 ot this'Code. � R � � ' I t� � � � � � � i � � � 1 . 1 1 . � � 1 . �� 603.21 Numbee of Llcensea Penaf tias 603-12 ..,. .' \. � �I� � ', t % �� � ORDINANCE N0. AN ORDIt�AtdCE TO AMEND CHAPTER 302 OF TNE FRIDLEY CITY CODE, ANIMAL CONTROL TNE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 302.Q1 DEFINITIONS � The following definitions shall apply in the interpretation and app]ication of this Chapter and the fo�7owing words and terms, whereever they occur in this Chapt�r are defined as follows: (Ref. 462) � � � 1. A pet shop is any person, partnership or corpora�tion engaged in the business of breeding, buying, selling or boarding animals of any species. 2. A veterinary hospital is any establishement maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and inju�ies of animals. 3. Animals are any living creaiures, domestic ar wild. � 4. An animai shelter �s any premises designated by thA City Counsil for the purpose of impounding and caring far animals t�eld under authori�y af this o►^dinance. Such faci1ity may be Ci�y owned or shelter service contracted. �J � , �. r � �' � �� r 5. Off�cer is any person desi�nated by the C�ty Cou�cil or emplayed as a law enforcement officer. 6. An animal Control Offic�r is a person, firm or corporaticn designated as animal cantrol officer {ACO) whose duty shall �e t� periodically patrol all sectionsof the City for the �urpose of N�icking up stray an�n�als and to �i���¢ �1���V���+�� ���X��,��� ���� �� �1��5�1�� 1�Y�� �XX�V� ��f�i�x� �� Y`l�J� �� X���� Y��,�Y��� ��f� Q���,� enforce all se�tions of t�,e Anim�i Control Ordinance �hrounh the issuance of ordir�ance violati�n citations; to pick :�p a!�d dispose of dead animals and to investigate a11 cases of animal bites reported to him/her and to ensure �hat all such dogs or animals ar� impounded in a secure piace of confinement where the dogs cannot contact other animals or humans and are kept under observation as provided for by law or regulation. 7. An ��i,�p��X' 1������i Animal Control Officer is any officer designated by the City Council, as a law enforcement officer; anima7 control officer or firm and any individual, contracted ihrough the animal control officer or an individual, partnership, ;,company or corporation direcily appainted by the City Manager to perform animal control and animal census duties. The Animal Control Officer wi1T be sworn to discharqe the duties of the Animal Control Officer before issuinq cita�ions. 8. A dog is;any animal of the canine species. 9. A ca� is'any animal of the feline species. 10. The keeping of three of more dogs or three or.more cats on the same premises shall constitute a��� kennei. li. A permit,'is the authority to keep a dog or other animal of the canine species with;in the City of Fridley. I � �� � 4RDINANCE NO.� Page Z '� 12. A tag is'issued to and are issued a permit required. , ► individuals who make applications to the City Clerk to maintain a dog or other animal for:which tag is 1�� TY� ����►��� ���� �Y�7d �� �� �������� �✓� Q������ aa �f �Y��� ����,t 302.02 CONTROL ', It shall be unlawful for any person who or the parQnts,, or guardians of any such � to allow such'dog, regardless of age of City of Fridley. owns, harbors, or keeps a dog person under 18 years of age dog, to run at large in the ; � 302.03 NUISANCE � For the purpose of this Chapter a dog or cat sha11 be deemed at large � and shall be considered to constitute a nuisance when: � �',t Tl�� ��� ��' ¢�� �� �f� �Y� ���d����� �f ��� �v���� ��� ��� �����` ��� ��v��r`�X �� ��� ��►��� �r` � a��a'���� �f ��� �'�����i��� �'��i�X� �� � ����6f,� ' ��� ��������� ����� ��� i��� �� X������ x�� ��� ���� �� ,���� � ��������� ������ ��a��rf� ¢������ �� ��d� ��i� �� �����'��� �� ���� ���`�b✓t� �����i��ti �Y` i��'�n�� � a��f���X� ����� �����✓ ��` ������ �Yi � ���Z�� ������,[ , 1 The dog or cat is noL canfined to th� owner's or custodian's property by adequate fencinq or leashing, or if the dog or cat is off the premises of the owr,er or custodian and is not under the control of the owner or a I competent person by a leash not exceedinq eight 8 feet in length, when not in a motor vehicle. 2. The dog or cat commits damage to the person or property af anyone other than the owner, or creates a nuisance upon the property of one other than the owner, except in the defense of the ow►�er, his family or his property. 3. A female dog or cat in heat off the premises of the owner, unless confined in the process of being transported to or� from the premises of the owner. 4dhile on the premises a female dog or cat in heat is not kept in a building or secure enclosure where said female dog or cat cannot be in contact with other male animals of its kind, except for planned breeding. 4. The o4vner does not assume the obligation and responsitility required of the City Code or does not prevent such dog or cat from committing any act which cpnstitutes a nuisance as defined herein. 5. The owner o'r custodian keeps a dog or cat who ���yG� Ji�¢��ld� Y������,� barks, howls cries or yelps so as tc� �Y` �x��v�� 7��5� �Y��p��,� �� ��1�$� unnecessar� �i¢���,� disturb��i�� or annoy��i�� �� ���$�Yi� any person or �ersons residing in the vicinity thereof; or frequent school grounds or publ i c beacties . 7A CONTROL NUISANCE I � � � ORQINANCE N4.'' Page 3 ', F 8� Xn� �����'�� ����6���� �f d �6� �� ��� ���� ��� ¢���� ��� ���� ' � �� �� ���9���d �� ��� �����1� �� ���������I� �������� �� �������� f������ b� ��������� ������ �� ������ ��f����� � �� ' � 6. The owner allows the dog or cat to chase vehicles or interfere with walking of pedestrians, the driving of automobiles, bicycles, motor- cycles, motor�ikes, or snowmobiles on public streets, alleys, grounds or highways. 7. The owner''allows a dog or cat to molest or annoy any person if such person is not'on the property of the owner or custodian. 8. Every unregistered dog and every dog that runs at large or causes disturbance or noise in vialation of the provisions of this ordinance is hereby decl'ared a nuisance. 9. A person a''bandons any dog, cat within the bounds of the City of Fridley. 10. Owner or 'custadian fails to have dog or cat vaccinated against rabies at least once every twa (2) years, or dog's vaccination has not been within the past two years. 302.041 REGISTRATION � [This copy for�Prly under 302.045] A permit and animal tag shall be required for a dog to be maintained � within the City of Fridley or other a�imal of canine species. � � , [The following copy formerly under 302.061] No person shall own, keep or harbor any dog over the age of six months, w�thin the City of Fridley unless a permit therefor has been secured. Permit certificates shall be issued by the City Clerk. Tt shall be the duty of each person owning, keeping, or harboring a dog to pay the permit fee established to the City C1erk on or before the first day of the permit year, or upon esiablishing residence in the City to forthwith-pay such permit fee. The Clerk may cause a notice of the necessity of paying such permit registration fee to be prin�ed in the official newspaper in January of each year. Issue of new pErmits for the license year shall commence �k������ X May 1 of ea�h year. � A compulsory system of permit and registration is established whereby the City will i'ssue City owner permits and license tags to owners of dogs over six months of age upon proof of rabies vaccination within the preceeding'year. Permits and tags must be applied for and , obtained and tags affixed on dogs or other canines requiring tags before they at�ain the age of six months. ' ' �. REGISTRATIO� � . ' � ORDINANCE N0. ' _ Page 4 ' [The following'copy has been in 302.041] The applicant for permit must sign and agree that he is prepared to comply with regulations established by the City Council. Upon payment of the permit tag fee the C1erk shall execute a receipt in duplicate, the original of which shall �e delivered to the person who pays the fee and the duplicate retained in the City records. The receipt shall describe the dog or animal as to breed, age, color, owner and address a minimum. 302.042 In additian to the permit, suitable animal tags, the shape or color ' of which shall be different for each registration year, sha11 be issued by the clerk and he shall issue one appropriate tag to the owner when the'fee is paid. The owner shall cause said tag to be 1 affixed by a permanent metal fastener to the collar or harness of the anirnal so registered, in such a manner so that the tag may be seen. The owner shall see to it that the tag is constantly worn � by the animal.' In case any tag is lost, a duplicate showing the payment of regi',stration fee for the current year. A charge as provided in Chapter 11 of this Code shall be made for each such � duplicate tag.' If at time of initial registration a dog is due to be vaccinated within the next six months period, then a new vaccination shall be required before permit is issued. � 302.043 It sha11 be un1awful to counterfeit or attempt to counterfeit the � animal tag or take from any dog a tag legally place� upon it by its owner with the intent to place it upon another animai, or to place such tag upon another animal. � 302.044 Animal iags shall not be transferable and no refunds shall be made � on arimal permit fee because of leaving the City or death of the animal before the expiration of the registration period. � 302.045 [Copy formerly under 302.046, with copy from 302.045 now listed under 302.041] � I� ' Na permit shall',be required af or laboratory. ' ��z���� [Numbering not needed, 302.05 REVOCATION A permit, if no� revoked, shall A new permit shall be obtained and a new fee paid any humane society, veterinary hospital copy now un�er 302.045] be valid during the license year. each license year by every owner 7C REVOCATION ,� ORDINANCE N0. Page 5 302.051 The Council may revoke any permit refuses to or fails to comply with promulgated by,the Counci1, or any cruelty to animals or the keeping � if the person holding this permit this Chapter, the regulations state of local law governirg of animals. 302.052 An animal permi'',t and tag may be revoked if an owner fails to provide animals with sulfficient good and wholesome food and water„ proper shelter and pro',tection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Also, if an owner shall �beat cruelly, ill treat, torment, overload, overwork, or otherwise abuse any animal, or cause or permit any dog fight, cock fight, bul'1 fight or other combat between animals or between animals and humans. In'addition such owner shall be liable to court action under this Code, State Statutes and local laws for any of the actions cited above. 302.053 If`any person v',iolating the terms of this ordinance 3 times in one permit year, his permit to own, keep, harbor or have custody af animal(s) fo�^ which the offense was cited shall be deemed automatically revoked and no new permit may be issued for a period of one year from date permit is revoked. 302.054 [Number added, but text of copy from 302.051] Any person whose permit is revoked shall, within 15 days thereafter remove such animal(s) permanently from the City of Fridley or humanely dispose of animal(s) cited in the violation being owned, kept or harbored by such person and no part of the permit fee shall be refunded. ��z,l��� [Text of copy now under 302.041] 302.062 LIVESTOCK See Chapter 301'of tnis Code. 302.063 WILD ANIMALS AND BIRDS See Chapter 303'of this Code. 302.064 EXEMPTIONS The section of this Chapter requiring a permit shall not apply to non-residents o� the City who are keeping only domestic pets, provided that animals of such owners shall be kept in the City longer than 30 days and that the animals are kept under restraint. The provisions pf tl�is Chapter shall apply insofar as requirements for rabies vacctinations is concerned. 7D LIVESTOCK WILD ANIMALS AND SIRDS EXEMPTIONS ' ' ORDINANCE N0.'' ; Page 6 302.065 FEES' 7he annual permit fee and expiration date shall be as provided in Chapter 11 of'this Code. 302.07 IMPOUNDING The Animal Control Officer, ��i�t��X ►A����Vf,� Law Enforcement Officer or Hunane Soc�ety Shall take up and impound any dags or animals requiring permits or tags found in the City wi:thout the tags; or any dogs or animals which are in violation of any of tne other provisions of'this ordinance. Animals sha11 be impounded in an animal shelter and confined in a humane manner. Impounded ���� animals shall'be kept for not less than five days, �i�� including Sundays and Holidays, unless reclaimed by their owners. If by a permit tag or other means, the ewner can be identified, the Animal Control Officer shall immediately upon impoundment notify the owner by telephone or mail of the impoundment of the animal. , Not withstanding the provisions of this ordinance, if an animal is found at large, and the owner or custodian can be identified, the Animal Control Officer, ��,ip��X y��Y`���►� or Law Enforcement Officer may proceed against the owner for violation of the , ordinance. ', The Animal Control Officer,� ��i,i��X ►A�����i and Law Enforcement ' Officers may �nter ��¢�i ��5,� ��,i�b��� premises by warrant or as otherwise provided by law where he has reasonable cause to believe there is being kept a dog or other canine species or cat or other ' feline specie which has bitten a human being,l or in pursuit of his/her duties as a� Arimal Control Officer enforcinq a11 of the Animal Control Ordinance. 302.08 NOTIC� OF IMPOUNOMENT Upon taking and impounding any dog or animal as provided in this ordinance, the Animal Control Officer or Poundkeeper shall immediately notify the o4vner, if known, and the City Police Department. The Anir�al Control Officer, Poundkeeper, and Police Department shall maintain a record of dogs and animals so impounded.' � 302.091 REDEMPTION OF IMPOUNDED ANIMALS In the instan�e of dogs or animals for which the owner does not have a required permit or tag, the Animal Control Officer or Poundkeeper shall not return suc+� animal to the owner until a permit and �ag, if applicable, have been purchased from the City Clerk's qffice or from the Animal Control Officer or Poundkeeper. 'The Animal Control Offider or Poundkeeper shall remit to the �ity the sum paid to him for the permit or tag and if owner bas not proof of rabies vaccinations, the cost of 7E FEES IMPOUNDING NOTICE OF IMPOUNQMENT REDEMPTION IMPOUNDED ANIMALS ORDINANCE N0. '' Page 7 ' immunication,'and furnishing the City Clerk all necessary information pe,rtaining to said purchase including a copy of any permit eertificate issued in connection therewith. In addition the A!nimal Control Officer or Poundkeeper shall be paid by the dog or animal owner the impounding fee plus feeding and care for each day the dog or animal is confined in the pound. A11 monies received by the Animal Control Officer or Poundkeeper shall be turned over to the City Clerk, and shall be place'd in the general fund of the City. 302.092 Any dog or animal for which the owner has a current permit tag may be redeemed from the pound by the owner after impounding by 'payment of impounding fee plus feeding and care for each day t',he dog is confined in the pound. �ees paid shall be in accordance with those established by the City Council. All monies received by the Animal Control Officer or Poundkeeper shall be turned over to the City Clerk and shall be place!d in the General Fund of the City. 302.10 UNCLAIMED IMPOUNDED ANIMALS Any dog or animal which is not claimed within five days after impounding, ��� including Sundays or Holidays, may be sold for not 1'ess than the amouni of the total charg�s accrued against the an'imal.in accoraance with this ordinance and Council resolution, to anyone desiring to purchase the dog, if not requested by a licensed educaiional or scientific institution under Minnesota Statues Section 35.71. All sums received by the Animal Control Officer or Poundkeeper shall be turned over to the City Clerk, and shall be placed in the general fund of the City. Any dog or animal which is not claimed by the owner, or by a licensed educational or scientific institution, or sold, shall be painlessly put to death and the body properly disposed of by the Poundkeeper. The time of sale or other dispostion of the dog or animal shall be at least 120 hours after notic� has been given to the animal owner by the Animal Control Office',r or Poundkeeper. The provisions of notification of owner does not apply, when owner cannot be ascertained. ������ a�����x ����¢���� �����x w������ ��� K�►� �������►���� ' �������� ���x� �s��� ��X��� ������ �� ��� ����������� �� �n�� ��������� �r�� �� ������ ���Xx ��������� ����� ������ �� ��x��� ���� ������� �� �n� �������� �� ���� ������� I302.11 ANIMAL'BITES: QUARANTINE � Anv person knowing of a human being bit by a dog, cat, racoon, skunk, or othe,r rabbies susceptible species shali immediately notify the Ani'mal Control�Officer or Po1ice Department. ,��� ;C�� ���d��X ��ri'��`�X �ff�¢�r` ��i�IX �i��rf ����� ���Q �rS�1d►Q� �� �� , ���Y`�rS����d �v���Y` ����Y`�����►� f��` � ���i��m �� �� ����� � 1F UNCLAIMED IMPOUNDED ANIMALS ANIMAL BITE: QUARANTINE ORDINANCE N0.' Page 8 Whenever any doq or animal has bitten any_person the owner or custodian of such doq or animal, havinq been so notified by the Animal Control Officer or the Police Department, shall ir�mediately cause said dog or animal to be quarantined at the City of Fridley Contract Kennel Facility or at a licensed veterinary ,hospital or kennel for a period of 14 days after such person has been b�tten by said dog or animal. During the quarantine period, said dog or animal shall be kept under observation to determine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall immediately report in urritinq to the Police Department and the Fridlery Aninial Control Officer, the condition of the animal. 7he Animal Control Officer shall then take necessary steps to determine if the doq or animal is sufferinq from rabbies. During the guarantine period, the dog or animal shall not be removed from the desianated quarantine facility except by special written permission from the Minnesota Livestock Sanitary Board and the Fridley Animal Contr�ol Officer. The o�rner of such dog or a�imal shall be responsible for the cost of such quarantine. The quarantine reguired by this section shall not be necessary and the re uirements sha11 be waived if ,.c��stodian of such doq or animal, immediately u�on receipt of the notice referred to above, presents to the Animal Control Officer or PoTice Department, the certificat� of an «uthorized veterinarian that the dog or animal was vaccinated for rabies on a date less then tvro years prior to the date of s�!ch notice. Such animal so exempt shall be quarantined on the premises of the owner under strict control for a period of 14 da�s for the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to conduct a mid-�erm and terminal examination of the animal. No Police Officer or other person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been place',d in quarantine and the diagnosis of rabies made. It shall be unlawful fior any person other than an Animal Control Offi cer, ��f,��i�X ►d�y�Q��S or Ci ty Law Enforcment Offi cer to ki 11 or destroy any dog or animal of the dog kind found running at large in the C'ity. Violations of the above shall be considered a misdemeanor. 302.12 VICIOUS ANIMAL [Section Added) No person shal'1 keep or allow to be kept anyplace in the City any anima o a erocious or vicious c arac er, a� or a�spos�tion or any animal wild by nature, any do or animal sT�ia'� e deeme,d to be vicious upon the occurrence of two 2) ites within ;65 calendar days except those occurring in defense of the owner or his property. Upon conviction for the violat'ion of this section,the court may in addition to imposition of 'sentence, direct the Animal Control Officer to 7G VICIOUS ANI�1ALS � 7N ORDINANCE N0. ' Page 9 �� take the animal in question into custody and forthwith dispose of the same as may be directed b,y 1;he City of Fridley. 302.13 COMPLAINTS [Number change from 302.12] COMPLAINTS Any person complaining to the Police Department that a dog or other animal is allegedly running at large or otherwise constituting a danger or nuisance shall identify himself upon request and shall make every reasonable attempt to assist the authorities in identifying the dog and its owner or custodian. 302.14 MUZZLTNG [Number change fram 302.13� MUZZLING Whenever the prevalence of hydrophobia renders such action necessary to protect th� public health and safety, the Mayor shall issue a proclamation ordering ever,y person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at 7a�ge during the time fixed in the proclamation shall be killed by the'Police, the Animal Control Officer without notice to the owner. 302.15 KENNELS [Number change from �c.14] KENNELS Because the keepinq of three or more c�oqs or three or more_ cats on the same premises is subject to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard and qeneral aesthetic depreciation, the keeping of three or more dogs and ca+s or any combination thereof on one premises is hereby declared a nuisance. � The keepinq of three or more doqs or three or more cats on the same premises, whether o4vned by the same person or not and for whatever purpose, kept, shall constitute a kennel; except that a fresh litter of pups/kittens mav be kept for a aeric,d of three months before such keeping shall be deemed to be a kennel. No person shall keep or maintain a kennel in the Ci except upon obtaining a kennel license consistent w requirements of this Code. of Fridley the zonin Application for kennel license shall be made on forms provided ihe City. Su'�ch application shall show the following: 1. Location 'of the premises of the kennel. 2 Location 'of all structure for the housinc� of the dogs and/or .' cats. If saild dogs and/or cats are to be kept primarily �vithin the home or build,ing of residence of the applicant or of any other person the application shall so state. I � ' ' � � ' ' � ' F OROINANCE N0. Page 10 3. The maximum number of dogs, or cats; or any combination thereof, to be kept on the premises. 4. Any doc� runs and housin� for dogs shall be a minimum distance of 200 feet from an� building structures suitable for human habitation, public place where food is bought, stored or eaten. 5. The premises for the keeping of dogs shall be fenced and a simple plat showinc�the location of fencinq shall be furnished. The fencing must be of such quality as to contain the dogs and/or cats. 6. Method to!be used in keeping the premises in a sanitary conditi_on. ' 7. Method to'be used in keeping the dogs and/or cats quite. , 8. The application shail contain an agreement by the ap�licant that the premises may be inspected by the City at all reasoriable times. The City Council shall have discretion whether to issue such license ' or not. In making such determination, the Council shall take into consideration the adequacy of housing the runs for the dogs and/or cats, the m�thod used for sanitation and to maintain quite, facilities ' for containin� t�e do�s and/�r cats, �nd with �articularity any violations during the previous license period. , ' ' ' LJ � ' If a license is qranted and the applicant there��fter fails to comply with the statements made in the application or any other reasonable conditions imposed, or vialates any other provisions o�F this ordinance, the licensee shall be notified by mail and 4iven ten days to remedy any defects or defaults. If such conditions be not remedied in said ten days, a hearincLshall be held after at least ten days mailed notice to the licensee, znd the licensee and all other interested parties shall be heard. If it'shall appear that said kennel is not being properly maintained, the Council may revoke the kenn�l license and the keeping of three or m4re dogs, or cats, or any combinatic�� thereof, immediately shall be aiscontinued. It shall be unla��ful for any licensee to do or permit any of the following: 1. Allowing property or a his control. 2. ATTowin condition. ny of the dogs to run at large on an� street or public y private property not owned by the licensee or under �remises to be kept in an unsanitar! 3. Burning o� offal waste. ' 4. Al l o��i n� the dogs or ca on or off fihe'premises. ' to bite or scratch a or unhealthful ne properlv 7I , � ORDINANCE N0. ' Page 11 �— ' � 5. Allowing the dogs or cats to bark � the neighborhodd either night or day. � F lp or fight so as to disturb 6. fdaintaining any dogs or cats so as to create a nuisance by way of noise, odor or'oiherwise. 302.151 KENNEL LICENSE FEE � The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. � ' � ' � 302.16 APPOINTMENT OF OFFICER [Number change from 302.15] The Council may appoint such person, persons, or firm as the Council may deem necessary and advisable as Animal Control Officer ��i� ��r,��i�� �0�����f. ;Such appointees shall work under the direct Supervision of the Fridley'',Police Department and sha11 be responsible for the enforcement of'this ordinance. 302.17 ENFORCMENT BY OFFICER [Seetion Added] Animal Control!Officers and Law Enforcement Officers shall have police�powers in ihe enforcment of tnis ordinance. It shall be unlaivful for an,y unauthorized Qerson to break o ee n the pound, or attempt to do so, or to Lake or set free any animai taken � such officer in the compliance with thi� ordinance, or in any way interfere with; hinder, or molest such o�fficer in the discharge of his duty under'this ordinance. 302.18 GUARD DOGS,-WARNING [Number Change from 302.161] Businesses located within the City and maintaining a guard dog for security purposes shall post notice at the entrance to the premises warning of the presence of said dog.. ' 302.181 GUARD DOGS,-AUTHORIZATION [Number change from 302.162] � ' ' � � '� Businesses maintai�ing a guard dog shall file with the City a release authorizing the police or fire departments to shoot said dog in an emergency situation if necessary in order to allow the police or fire fighters to gain admittance to the premises in the performance of'their duties. 302.19 PENALTTES [PJumber change from 302.17] Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901',of this Code. 302.20 SEETNG'EYE DOGS PERMITTED IN PUBLIC PLACES �Section Added� Whenever any blind person accompanied by a'seeing eye' or guide dog presents h�mself/herself for accommodation or service on any 7J KENNEL LIC�N` FEE APPOINTMENT OF OFFICER ENFORCEMENT BY OFFICER GUARD DOGS WARNING GUARD DOGS AUTNORIZATION PENALTIES SEEING EYE DOGS � QRDiNANCE N0. '�- Page 12 ' public convevance vehicle or to any cafe, restaurant, store, or other place oi' business open to the public, it shall be unlawful for the proprietor, nia'naqer or operator of such vehicle or place of business to refuse admi'ssion to the doc�or service to the blind person. 302.21 CRUELTY TO ANIMALS [Section Added] Minnesota Stat'utes 346.20 throuqh 346.34 are hereby adopted � reference an ha11 be in full force and effect in the C��:y of Fridley as if 's�t out here in full. PASSED AND ADQPTED BY THE CITY COUNCIL 0� THE CITY OF FRIDLEY THIS OF , 1977. ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: First Reading: Second Reading: Publish: JPH/pr 0 MAYOR - WILLIAM J. NEE 7 I; CRUELTY TO ANIMALS DAY ► czTx oF rF�zD�r� PLAI�NII7G COP•f��1I5 �ION N�ETIIdG r1ARCFi 9, 1977 PAGE 1 CAI�L TO OR1)ER : �hairperson Harri;s ROLL CALL; called the meeting to order at 7:33 P.T9. I•lembers Present:', Harris, Bergman, Langen£eld, Lynch (sitting in for Shea}, Peterson (left 10:10 p.m.), Schnabel Members Absent: None Others Present: Jerrold Boardman, City Planner ti0TI0N by Peterson, seconded by Bergman, that the Planning Commission aanend the agenda to include an i�em concerr.ing an a1.l�ged home occup��ion at L;91 212 Street in Frid7 ey. 'Jpon a voi.ce vote9 a..�.l. votir.g aye' the r�.ot� on c�.i°� ied unanimously. DTSrU5S1,^,;; CP� ALLF�x.D f?C'•i�3 O�C:IPiTIO`I AT 1�5°1 �l� ST:�_r,rT, FRIDLEI' Chazrpersori Harr�s explained 'ne had requested this iter� to be on the agenda as he had received a p��one call about one and a hal£ or tT�ro weeics ago concernin� a use that a particular property l,as being pu � 1;o at ?�591 2=z Street in Fridle�r, He stated tha�L an adcition was b�;:ing huilt to a gnra�e which t��as ap�arently being used to park a truck :��i+n sidin�; and for stora�e of siding mat�erial, etc. i•;r. Harris said a buildin� perrr:it had be���n is�ued in Noveir.Uer of 1977, and this had �one befor�e tf;e F7.a.ni7ir��; Com;�ission and the Board ei' Avpe�ls at that tim�. He explained tiia� varAances were granted as�ci a Speciai Use Fermit z-;as �ranted for ti;is pa� ticular item, and since then it didn't reall,y appzar that the propert.,y hacl 'ceen used exactly for what the Special Use Perr�it :tias intended at that ti.�ne. � rir. Donaid Kopeci:y, l��91 2't Street N.E., Fridley; N. E. , Fridl ey; t•;i•. 11d�1p'� F. �3ipes, �t601 � 1;� Stree � Charl.es Ho�ye, l��60 3rd Street N.E., k'ridley, were � � � i Diane Bipes, 1�601 2� Street A1.E., Fi•idley; and "Ir. present. p1r. Kopecky painted out on the bhotogr�3phs the ��diti.on to his gara�e. 11e exp7.ained t.hat the trai? er :•.ith t,h� tires v:�.s hr�u�ht :in on 1•Jec�nesday, Tht:rsda,y he c.�tildn't pu11 it out, becau. e of t:;e sno;t, ��d Frida,y he removed it. }ic said ttiat the addition on t.he �;araE,e ras started on �,he 28t.h and the�7 �ifi. ��r,;;;.ed for three da��s and r.lined ''or two days, so he only had about tliree woT•�:_i n� d�vs to put, it ap so far. He s�id that no�:�, si.nce tlie complaiiit whicil he he�rd aboiit on Aiend���, h� retui•ned tt.0 s�ditl�; and it woulci tal;e � � Ylannin� Cornrnission T4cetin� - March 9, 1977 PAge 2 g� F � � another fcur weeks to reorder the sidin�; because it was a special order so n�w everythin�; would sit for another four wee:l:s. t��r. ICopecky said he had never �one before the Ylanning Corr�mission or the Board of Appeals concerning thi.s, but had ju�t received a buildin� permit. He stated he was following the directions of the bui7_din� permit and had a fire ��all, removed �;he swirnming pool� and �Lhe ?.0 X 2B addition would be used for a storage shed. Chairpersc�n �iarris comrnented that the night he was there, there seemed to be , a lot o.f e�quipmc;nt stored in the yard, ladders on the roof, trailers, etc. He er.plair,;ed that a�R--1 district meant single f�mily dtaellings, not a corunercial area. He asked if 1•u�. Kopecl:y �r�as o�i�rating a business out of his home. � P�Ir. Kopeck�y reglied he was siding and rooiing subcontractor ��d he did store some mater�ial on his property but didn't j�ast throta it ou�; in the yaxd. Chair- person Harris noted that was where he sa�� it piled, a.nd that ���as ianat the neignbor had been complair.ing about. i-,r. Y.opeck.-,� explained that while rie �, was building the addition some material was stored in his yard, along side af the gar�a�e. � rSrs. Schnabel aslced if the addition was to be used. as a storage shed, and Mr. Kopecky said it Vras, and t�:ould not be for an automobile. He explained he ti•rould be storing material. he had left over from his job. Chairperson ' Harris as�i:ed about the trailer that was sitting there, and l•".r. Kopecky replied he used that for �rork. I��`,r. Harris asked t��hat thn tires i7 the back yard were used for, and P�ir. Kopecky said they were used for docics up ac the lalce. rir. Bo�� drian explained that home occunation was actually operating a businsss out oi' yoL.r home, and it must be completelyo uper�ted ou�; of t�:e residentia.l buildin� �;�ructure itself. He said that tne Code ivas SUi11P4That vague on ;ahat home occupation taas, but it did not a:ilow employees, did not allo,�; over a certa�n m.mber of cars for the oper��ion and did not allow a retail operation out of a home, but would allo�a � of�ice and that ty�pe of thing. i•1r. Boar�an said they had a1lot�red a cer�ain �oi:nt of storage in an outer she]_ter as long as that st,ora� e was inside and concealed. Iie explained that t�rhen that storage material ca.rie outside, tiiGt z�:as when ti�ere �aas a problem. I�e said that a11 storage materials must be stored within a structure. r7r. Kopeck;y said t11at �ras whv he was building the storage shed, and he was not sellit��g ant�lin� out of tnere. r;r. Langenfeld vie�=�ed the photograpns and asked what laas on the trailer. T;z,. Kopecky said the trailer contain�d tires �,Thich he laid'around a lake for a snowmobile race. Chairpex•san Fiarris stated that the get:tlemen v:ho registered the complaint feZt t,here� was a corimercial enterpris� in a R-1 district. iJlr. I�owe stated that he had called rir. Iiarris originally to ask about the appsrent cliange of a 1Z-1 d.isi;rict into a co.mmercial/r�sidential di.strict. �Ie said that in ta7_king to the five closest neighbors around the area to see if any variation had been a:pproved, he .iolind tl�e anstaer �•�as nega�:ivc. Air. Iioti,�e explained he had been t,old by the school ciistrict.s that an,y building used for the stora�e of com�7ercially-used goods was a com��c�rcial buildin�. He added that iahetlier this was true �n I'ridley, he, didn't kno;a, but, it i�as true in t}�e scl�ool district he workecz in. A;r. :iowe continued th�t if {,he are�� chan�;ed from Planning Cornrni:�sion Mceti.n� - MArch �, 1977 Pa�� 3 � a R�l to a c�mmercial z�ning, all tY:.e property oyrner3 f.elt they would be takin�; a i'inancial loss. }ie said t}:cy were askin� if this w�is bein� rezoned to comme��cial, and if t,hr,y had to give variatien to a 30 x).t5' buildin�; before ii; could be built. • Mr. Boarc�r�an stated thai; there had been no petitions for rezoning in the area. Hc: explained that this �ras ��.x� a.ddition to a present existing gara�e so no Special Use Permit i�ras necessary rn it since it i�:asn't a 2nd accessory buildin�. I:rs. Schnabel stat�d tr�at. there had been no variance on this, either. ChairperUon Harris said that it seemed like they �rere a�:ful c).ose to the bac)c lot l�.ne, but P�r. Kopeck:y said he krierr Vrho A7r. Iiarris was thinking of and i.t r�asn't him, but anotheri siding cor.tractor. Chai.rpersor� Harris asked if it woulcl be possible that the neighbors t•rould f'eel bet�ter if all of the r��aterials u�ed in i�,r. Kopecl:y's operation were stored inside and not visable to thE; other property owr.ers. I�ir. Hotti�e said they i��ou:1d also like a�;uarantee from the Planning Cor.vnission that there would be no chaxzge in tr.e zoning frc�m R-1. Chairperson Harris said that without a Public Hearing and action by the Planning Comrnission and also action b;y the City Council, there saould be no rezoning. He said that was a guarantee, and to get anything rezoned was a tough project. :•ir. Howe said that in other words, even if t7ie building appea.red to be commercial and coul�� be construed to be corrunercial, it could not be rezoned out of a� E-l. :He then as}ced Vrhat the limitations z�rere on home occupations, and Mr: Langenf'eld read the definition of home occupation out of the zoning ordinance book. A�r. Kopecic�• said he understood the I�roblem, but he had to build the shed bcfore he could store the material =uz it, and if people kept co�plainir.� about it the materi2l t�roulc'. be outside until he go�; it done. He stated that he thou�ht he i��as doing pretty,good on it as he had gotten it roughed up in less than three da5rs. Chairperson Harris not.ed that it seemed the per.mit was issued in 1975, but P1r. Kopecky s�id he had gotten the permit last November. ' Chairperson Harris asked i_f it would be reasonable to assume that he could keep all the outside mat�erial in the sned after the shed was completed, nnd vr. Kopecky replied he could. � � � � � r1r. I.an�enfeld asked if he had people coming on the premises to loolc at an�* of the �;oods, and 2•ir. liopec}cy replied he did not, although occasionally a truck would co;ne from the warehouse and deliver goods to the �arage. Ts. �,an�enfeld aslced what the avera�e inventory i,*as that he had on hand at a�;iven time, and Tir. Kopecky anshcred �1,000 at the most. He added it probably avera�ed about �600 a month. Afr. f3er�man �sked the size of the accessory buildir.�, and 1�1r. Kopecky replied the addition ;:as 20 x 28� � plus tlie �arage i,�hich was 2!� x 2B' . P1r. 13er�man iloted tlia�; was roiigtily 1300 sqii�re feet, and asked what t�le i'inished square foota�;e in the home was. r;r. Kopec}.y replied the home was 11.20 square feet, so he could still build ttiree more square feet if he iaanted to. : i ' Pl�+nnin� Cornmi:;sion 1�eetin� - t•iarch 9, 1977 ���e � $ � ...._.�.� • �J � � , � Mrs. Schr►abcl asked if the gara�e or the addition were heated, and bir. Kopecky said that; he ileated the front one when he worked an his snowmobiles. Alrs. Schnabel a�l;ed v:hen he conter�plated completion vf the �tora�e shed, and l�ir. Kopecky replied it would be about faur V�eel:s because he had to wait ior the sidin�. lfirs. Sc}�nabel a.sked if he could store rnaterial in there now, and Mr. Kopecky replied he could as he was just waitin�; to finish the exterior at this poi.n�;. 1�1r. Peterson said that in the past the City Attorney had said there ��as nothin� in the o��dinarace that said they could limit the size of a secondary bui7_ding, and he d:idn't see Trrhere i:hey had a le�;itimate complaint unless he had missed sornethinf;. Chairperaon Harris poinLed out it did no�: fall within the ordinance as a hor�e occupation �aith storage of material ou{,side, and that was the basis oi' the comp�3int. Tir. Langenfeld said he thougnt there t�aas some problem where l�ir. Kopecl:y had been mislead as to ?ahat he could and could not do, and Mr. }iarr:is said he believed that t�ras correct. Mr. Hovre stated that nobody in the area had ever compla.ined about the home occupation; the questicn ,•:as the building storing comr�ercial goods, and the other property ot-mers �aere scaxed that the axea might be rezoned. i,tr. La.ngenfeld asked hcw I�Tr. rioti:e, as the person subrnitting the complaint, would like to see this situation rectified if the area remained in its present zoning. Mr. Hot•re said he was just �-aorried about cars, trucics 2nd people goin� in there tiaith children in the area, and having the area rezoned to commercial and tal:ir.g a loss on his residential property. T•Ir. Lar�enfeld asl:ed if i�tr. I�opec'.�,� had 4.�;,� �lans oi eYp�Lndin� his ho�e occ�.zpat�.on, a�zd • he replied ne did not, ar�d he was not selling �naterial or having trucacs come in t.here. � Mr. Bergman said tha�; as far as the rezoning t•rent, a rezoning i•rould have to be initiated by the p: operty oianer a��d :�rould require a Public Hearing before this bod.y at �•ahich time I-;r. Hos�re and the other concerned neighbors �:eu].d � have a chance to preserit their viei-�s. Iie said he didn't think it was cery probabl.e� that this taould be rezoned, and added ther� �c•ras quite a process involved. in that. TFr. F�o,ae said that at one time multiple dwellings h�.d , been cor�sidered for the area, and the r.eighbors had to keep fighting the rezonin�;. p7r. Peterson asked if there had been a sign advertising a commercial venture rat this part:icular location, and Pir. Howe replied there had been at one time, but not any more. � � , � � Chairpersoil Harris asked if it would relieve the fears of -t,he surrounding nei�}iLoz•s if Air. Kopecky kept a11 liis materials stored inside instead o� outs�.de,, and rir. Iiowe replied he was not worried about the outside stor�be as much as the rezoning. Mr. Lan�;enfcld recommended that as the Plannin� Coi�unission they recorunend �;o I�1r. �;opeck,y that lie take al.l the necessary efforts to clean up the outside materia7.s and �et them tindercover in the storaUc stied. He then told i�ir. Howe that i.f this home occupation s}iohed si�ns of expanding the City tiaould hr�.ve � ' Planni.n�; Commis�ion J�Jcetin� - t4arch 9, 1977 ' to step i.n and abolish that. fioth p�,rties �greed. � � � Pa�e 5 �.-� Chairper..an iiaxris said that if the nei�hbars still felt there was a problem he would �u�;gest that they write a letter to be put on file with the City so that i,hey would have a record of the concerns. P�ir. Peterson su�ge�ted that 1�tr. Ha��re and the five neif;hbors put their objections in a letter re�ard- less if t.his �,�as settled or not, and that way there would be a record even if the pr�operty chan�;ed ownerships. 1•1rs. Schnabel st��;�;ested that Pir. Kopecicy also doclunent his side of it, si,atin� his current home occupation and that he had st;�t�d at this meeting that he didn't intend to expand his business. P�Ir. Lan�c�nfeld said. t.hat personally he was glad to see this come before � the Planriir.�; Commission because it could be a potentia.l time bornb, and by coming tc� this rneetin� they had clariiied the sii;uation �.t hand. � APPROVF PLR��i;IItiG CO':�:�•4IS�Ipid I�II?�UTFS: FFB:ZI?l.RY 23, 1977 Mrs. ScYu-�abe1 said that she had two minor corrections. On page 7, she noted , that the 9th line in �he second para�raph snould read t'itself" instead of "himself"; and the second paragraph on page 21 should read "...on a systematic approach to rental." � � h7r. Langenfeld expl_ai.ned that the point, he was trying to ma]:e at the top -of pa�� 10 wilen he said "...if they felt i;oore Lake should be recreationa.l, and so ci:�'! �,,Ta.s he was t•rying to express v.he�.l:er ?�{oore La'.e would be a swi.mming beach or just piain recreational such as fisning and/or Uoating. I�SOTIOiT b�� Bergn�ar�, seconded by Langenfeld, that t�e Plarining Com���ission � minutes of February 23, 1977 be approved a.s ��nended. Upon a voice vote, all votir,:g aye, the motion carricd un��imously. r � ' ' l. CONT73';lE�; �CC.'`�..c,��?JATIO�� 0'� TI�E ?'ROPOSF.D C�AP?G�sS IP? C��?APi�R 212, I�tTIdl�;i� 0'r' inL i�:'tI ;L�:� C1:=" COD�� TSOTION by- Langenfeld, seconded by Schnabel, tnat the Planning Corunission receive t,tie revised copy oi Chapter 212� riining. r:r. Board.rr��n pointed out what had been eliminated in the first paragraph under 212.01 Findiil� und Purpose, so the first sentence would read "The Cit,y of F'ridley reco�,nizes that surface mining exists and that tliis mining can be an. aid to the preparation of development sites." Chairperson Harris said he f'elt much better aUout that. 1 Mr. Lan�enfeld po�.i�ted out that althoush {�he word "vi�.a1" had been struck from tlle first paxagraph� it was still in the second p�r agraph. I�:�. Board- man su��;ested t.hat th� second para�;raph read "The purposes of this ordinance , are: To provide for the economical availability of sand, gravel, rock� soil and other materials." The Conunission a�reed. ?��r. Ber�;man noted that tliis wzs called "�Ii.nin�", yet in the Uody af the ' document other terms such as "extraction", "�lteratzon", ete. were used. � � :� Y1a.nnin�; Comm.i.ssion 2�4cetin�; - March 9, 1977 Pa�e 6 ► He asked. if it; Vras the intent of this document to specifically address minin�; a.s opposed to e•r.tracLion or land alterati.on. P•1r. Lanf;eni'eld said that he ini;erpreted this to be entitled "i•lining" with the texms "extraction", "alterat.ion", etc. to be a f'unction inside the minin�. He added that these thin�;s w•ere necessary before r�ining could be done. i�Irs. Schnabel pointed out that, there �r�s a separa.Le ordinance that dealt i�rith land alteration, and this, should not be interpreted as tne land alteration ordinance. Mr. Ber�mari sa�.d he thought this was fairly confusing in the �ray it was wr.ittc:n. Iie said that in looking at trie pez:nit application data in the previous rr�9.nutes, he noted they t�,cre �;alking about land alteration/mining. Mr. I�az��:enfeld e�pla9_ned that the perrait was designed to serve a dual purpose far mining ar�d land alteration, but agreed i� could be a little con�'usir,.�. rir. Berg;man noi;ed i;hat half�ray doi�-n page 1 the code read "To establish unif.orM and rea:�onable li.raitations, safeguards arid contro]_s in the City, for the future production o�� said materials ". He sug€;ested that tr,e �r�or'd "production" be chan�cd to "r�ining". He also neted that near the bottom of �Lhe same page, item 2 talked about an "extract5.an permit". He said he felt they should use coml-r�on terminology so this would be less confusing. Mr. Peterson stated that he grew up on the Iron Range, and one of the thin�s he lear.n.ed was that mininG i�ras minir.� ar�d extraction i•ras extraction; thef we::e tkso completely different operations. He said lie hacl problems classify- in� ta.1;9_n� black dirt or gr�vel as a mining operatio:�. :1r. Lan�,enfeld said tha�; ���as correcti as stated, but ior six months the rhvirorvnental Corimission had disc:ussed that particular point. He said �hat to try to resolve it tney liad. thought about ch��girig the n��;.i�ie of this oz�dinance, but tY:ey just car,ie to the conclusion that "i-iinir.g" �aould be adequate in i;his case. He added tl::at he realized the necessity of discussing these items, but by the same token the measure and scope of the operatzon so conducted in the City was so limited that he felt this ordinance would be appropriate. Mr. Bergmar_ said t?:at regarding item 2 on the bottom of page 1., he would suggest they here t2lkinG about a minin� perr�it rather than an extrac�ion permit. i�is. LS�lch questioned the wordin� oi' ite.n ?_, a.nd AIr. Boardman said it sl�ould read �traction permit or mining permit. I�ir. Bergman stated that would be acceptable. Mr. Ber�r�an read to the Comuiission a pori:ion of item 1 on page ?_, which said "The Ciiy shall reviei•r tlie facts and determine trhether an emergency exists and shall by writ�en r.�emorandum, authorize com;.iencement of the emer�ency e�ception." He said he was a little concerned that someboay migiit die before that ti,�ritten memor�zndum got back in order for emergency work �,o take place to preserve lii'e or property. I�e said he i�rould sug�est the phra.se "Uy written memorandum" be scr•atched; he t11ou�;ht that maybe in cer�;aiii cares to preser��e life somebod�� frorn the City might have to agree over the telephone. Chairperson Harris said the taay he read this, the City was requestin�; the work to be done; the City was i;he initiator, not the property owner. : � ` R'.,^� ° cc�r.:� �,, PXannS.n�; Commis�ion 1•1r.et:�n� - M�rch 9� 1977 ► Page 7 , Mr. Peter.�on said that if somebody �ot caught i.n a cave-in r�nd had to wait ten days for a rnemorandurn �rantin� permiss�.on 1:o di� him out, he rnight be pret�;y unliappy �nc�n he did �et out. 2�ir. f3er�;man said that was his poini:. , Iie said he did not rea.r? thi� to be lirnited to the City doing sorne ti�ork; his va.ew 47c`la the opposite--the operator ►�rould have to call the City and �et fram them a writ�;en rnemorandurn i'or authority to cornrnence emergency proceedings. Mr. Langenfeld said that in regard to that ��ne paragraph, he didn�t believe that meant hurnan 1�Se. He said he �;houghi; it rneant natural life, and pointed out the :reference to °environ.menta�l impairment" in the )_ast sentence. I-Sr. Peterson su�gested tha.t point 1 under 212.05 be rewritten to clarify what they were trying �o gei; at. T�ir. Ber�rnan a�;recd. Nr. Ber�rnan referred to point 2 under 212.0�, and sug�ested changing 60 days to :30 and 90 days to 60. 2ir. Peterson wondered v�hy anybody should be given amj �;i.me ut all ta apply, i�ir. Boar�.man said they had to have a certain amount o.E' time to prepare the documents that ��ere required under this ordinance, and it w<�s also protection for the existing operations. I�:r. Peterson noted that in E>0 days a lot of material could be hauled out. tir. Boardr�an said then Pir. Peterson :��as talking abou-� �requiring them to apply immediately and then �;hat application process may ta�e 60 days to issue a pei;nit. 2�1r. Langenf e]_d said he would like to see 15 days and 30 days, but A1r. Harris said there had to be notification tirne and engineering that had to be done on some of the proper�ty. I�r�.: Peterson said that if sor�eor.e came into tne Ci �;� and i•ranted to build on a lot, they had to get a perir�il; before they could b�zild. Here, he said, they taere allowin� someone to naul their Ci-L3T at:�a�r and didr,'t reauire them to do anythi.7�g for six�ty days. Ch2az�person Harris cor�Lmented that he thought this t,�as meant for exi.sting operations. AIr. Boardm�a.n said that actually, that para�;raph �,ras really ��e�ingless an,yztiray becalzse they had alreudy shut dol•m the operations ur_til per;;�its i:rere issued, r�TS. Lynch suggested striking the word "blzt" in the third line. Iof that para�;raph, and putting ��30 da;;�s �� ins�;ead of "90 days" so they ;:ould have to apply ri�rit a?,�ay. r1r. Peterson agreed. He said he realized therl,e had to be processing tirne, but he didn't see ��rhy t:hej= had six�,y days to ap;ply for the permit. i�IrQ Boasdman suggested making it stronger tlian that and �hutting down the process ur�til the permit was issue�:�, 1�ir. Bergm,�z si;ated that in general, he thought they were overdoing this a little. 1-ie t•hought sorie of the Cor;;nissioners had a specific operation in mind, l,=hich }le thought was so::ewhat affectin�; their reasoning here. In general, IIe said� tle thou�iit that, anybod,y �aho r,�as in business now �•�ould certainly put up a hi�11 legal squ�.i�ak if t}le ne;,r ordinance put him out of business. He thou�ht tl.at was unreasonable and also illegal. � Tir. Peterson said he dicin't feel �.t was unreasonable if someone was defacing the City �ind leaving it. He added th�t lie was not tliinicin� of aily one partic- ular oper�:,i,or, but he just thou�ht that they had been the leas�: requirin� of tnat opera;ti.on th:u� an�rthin� they 'had in t}�e 1,lhole City. i•Sr. �3er�nan said , he �.11ou�;ht. it was prudent oi them to do somethin� about it, but he thou�ht it had to be done in � i�c�sohable�, business-like fashion. ' � �. � P1Annin�; Co�r�nl.s�i.on Ncetin�; - rii�rch 9, 1977 Pnge B F t4r. LanE;eni'e.ld said he would li�Ce to point out that the old 212 did not have any corrl;rol w17at��oever, and that was rrhy he was favori_n� this anci felt it was the forrnation o.f. a good ordinance. I�c said it was a difficul�L kind of thing to tal:e care o�', and recommended that ite�ns 1 and 2 under 212.05 be clarif icd. ' t�1i•. I3oardman asked if they wanted to make the ordinance effective irnmediately, and t�7r. Har. ris said he �;hought 30 da.ys to rnake application with the City able to extend the ti.me for 1;he'initial application to 60 days. r:s. Lynch said she felt they should ma�e application ri�ht a;aay. AIr. Boardman noted that he didn't see any time period i•�ri-Lten in after tlzat application was made for thera to get all of tne',require:rents fulfilled. He asked if they coul.d be operating ti��it;�iin that period of time after application t�;as made. He said there was nol;hing that said the operation had to be shut doian if the rnateri4ls �tere not gatnered 'Vrithin a certain period of time. Cha,irperson Harris said that V�as a good poir�t. 1�ir. Pete:rson said he really couldn't see the hardship oi' requirin� them to apply fcr the permit immedi2tely and then have a timetable for it to be complete:d. P�Ir. Boardrnan sugges�ed they make application within 10 days, which tiaculd give enough correspandence �;ime. Chairperson Harris suggested 15 days, and Air. Boardman said he thought ten days taould be enough. 1`�4rs. Schnabel asked if a person 'ti�1ho t,ras not currently in operation but made an application for a permit would be allo�red to co.�mence �,�ith any m�ning until �h� t perm.i�; was apprcved. I�:r. Boa.rdrnan said he i,rould not be alloi•red to do any minin� un1;i1 the pers�it was ',isstzed. After fur�,her discussion, the Ccimmi.ssion decided there should be fifteen days for notifica�;ion a.nd 60 da�>s to bring it in to compliance. The Co:runissioners agreed that 75 days total should be a reasonable a.rlount of time. 2�Ir. Bergman referred to 212.06,'item l, which talked about a mineral extract,ion per.�.it. ;ie �sked iahy mining permi�; �rasn't used. I�1r. L�,ngeni'eld ans�aered it uras Uecause in the process of mining, riineral extraction �ook place. Pir. Bergma.n felt they should use consisteni; terms. I•Srs. Schnabel pointed out that on nage 1_, undei definiiion ;t2, the�T had added "or r�inin; permi�;". She suggested t}Zat i�;e� l under 212.06 should read "minin� or. extract:ion permiti'. A1r. Ber�;man' said that then 21?_ P�Iinin�; should be changed to 212 T�Iinin�; or �traction so there i�rould be sorne consie�tency in terms. N1r. Boardman sug�ested eliminatiz�g "e:ctraction" all the way tnrougll, and this taas a�reeable to the Cor�.mission. TSrs. Sch��abel said she still concurred with t•;hat Air. Peterson said--tliat when �ra�vel or soil was bein; reriove�l, that i•:as not minin�. r�Ir. Boarcunan said the;y l��ere tall:in� about a de�;ree; extraction was a li�hter de�ree and minin� has a lleav,y degree. rirs.' Sclinabel asked if ne was saying that for a person to rer�ove �ravcl or soi�. he must a��ply Sor a m_ining permit, and I�ir. Boar�3�nan said that i�as right, Air. Bergrnan said that if they we�e talkin� about cxtraction as bein� mining or considered iaithiii that contex�, then �uinin� should be defined as includin� °G U � Pltuinin�; Comm].3sion 1•icetin� - 11�.rcri 9, 1977 ra�Q 9 _______ ' - - — --� e�tracti.on on }�a�e ?, i�:em It. t�r. Pet.erson sur;�ested that they stay Y�ith "mini_ng" and tjse it al). t;he wa;�',through, and then there wouldn't be any prablern�� wi�;h consistenc;,�. He said he would feel comfortable with that. 1-9rs. Schnabel. said shc af;reed, but she thou�;ht that in {;he dei'initions, under "i�;inin�;" they shov.]_d incJ.ude in the definition that mining sha11 � be determined as extraction. t•;r. Eoarciman suggested it read somethin� like: "Tiie rc;noval or eftractiori znd processin� of ninerals", and this ��as a�;reeable to the Co.�rnission. Mrs. Scr�nabel noted tha� the re£erences �;o "mineral eytraction permit" in 212.06� items 1 ax?d 2, be chan�;ed to "minin� permit". I�1r. Bergr,�an added th;at ���henever therc �ras m�ntion of a permit it should be defined as a mir,�.ing perrnit and nothing �lse. i•1r. Lang;en.feld asked if any of �.he members had any problems with the !t' ta11 fer,;ce requirement. He said it seemed aopropriate in his estimation. Chairper�son Harris said he thou�ht it would do the job. Mr. Ber�;man said he was reminded �;hat they had proposed a revision to the swimming; pool ordinance fro�n 4' 'to 6', and he i•:as a little torn beti��een reality and consistency here be�ause he rea.li.zed a snoTrr fence was handy to put u.p around a hole, but on 'the other hand he ,�:ondered t•:hy they ielt the need. to go fror� t�' to 5' around a swimming pool. Chairperson Harris said he cou]_d see r,x. �3�r�m�:n's concern, but they didri't ;nake �' snow �er ces--only i.�' . Also� h�� saidA a 6' fence around a sj�:irr�r�in� pool was a permanen.t inst•�;.11ation, ar.d a 1t' i'er.ce taas a temporax�y installation. Mr. Boardi:�an said the only reason they put up a fence z�aas to act as a deterrent to people wno mi�;�� z•rant to use �tYie ar°a for dti;.mping. He added that if somebody wan�ed to get �;n badly enough, they �ould ��t in whether the fence was Lt' or �' . t�;r. Bo�xd:na.n said -�na� if a 6' fence was required, they should jL�st elir��i.n��;e minirig completely in the City of Fridley because the cost of perr�anen�. fencir.g j•ras astronomical. P�Is. Lynch said she had a proble.nl ;aith this �ahen it talked about 11�' of taater. She stated that small c�}ildren could droian in less than that, and asked if this type of op�ration'',t�,as restricted to certai.Z areas not close to residential. Chairperson Harris said in practicality, yes, it shouldn't be close to residential. P�1r. P�terson pointed out an area that iVas not far aiaay from a heavily:-popul.�,ted r�sidential area. �Is. Lynch suggested that any tine there was any kind of excavation it should Ue fenced; not only Vrhen water collected. ' rir. Peterson stai.ed that a I�' fance ti�Tas usually not much o.f a deterrent to a.n� body or anything, and P�s. 'Harris added that most of the time it dclineated boi.ndaries. 2lrs. Schnabel said that �;oing beyond water, she remembered readin� about childran playing in �;ravel pits that had been killed in laild slides. She said they Were not t�.l.kin� just about taater, Uut a11 facets of tliis type of operation that could be hazardous. P•ir. Langenfeld stated that any person i,}�at was invo.lved in t11is type of business would make sure he had proper insur��nce, aryd iiz order i:o �et that insurance he had to mnintain ce.rtain safet�� precautions. �. Pl.a.nninG Commission Meetin� - tda�ch 9� 197? I'age 10 , l�ir. I3�r�r�ian said that his main cdncern �rii;h the fencing was safety--not ��hether :i.t dei'ined an �rea. He waid he thou�ht there i��as sornei;hin� lacl:in� in item �4 on f'encing to provide �,ssurance of sa.fet;y. If nothing else, he said, that i�; be contro].led b;� a', l.t' tall fence of adequate structural soundness and such i'ashi.on a.s to '' elirninate any openin�;s or ease of mal:ing sarne. He said it shoul.d. be iort��ied so tha.t it t•ras clear that a contractor who �ras f;oin� to comp7_y tirith the I ord:ir-�ance woulc� no1; be leaving loopholes. Chairper.son Iiarris said that a sno��r fence ?•rasn't that bad a fence if it vras properly posted. Tir. Peterson a�;reed� and s•.zid it; �rras hard for little kids to cra:��l over. iio�aever, he contirnied, the problem �ras the f'ences usually weren't ��roperly posted but more,or less jus�; strung out. Chaii•person Harris sug�ested rei.rriting that section'to say the fence should. be of some substantial measure so it couldn�t be easily;�nocked doti�n. r1r. Peterson sug�ested requirin�; a post every 10 or 12 feei;. Chairper�>on Harris continued on to number 1�, Appearance and Screening, and read (a) aloud to the Comrnission: 'fi�iachinery shall be kept in good repair." He said they should say z-rh�t they meant or leuve it out. lir. BoarcL�:an explain�d it r�ea.rit the r�achiner•,� snould 'ue operational. In other �rords� hE; said, they didn't want' any junk material stored -�here. Mrs. Schriabel noted they talked about explosives under number 5, Operating Standards. She asked if tnere ti•��,s any speci£ic regulation for storage of tl�a+ �icind of naterial, arid ChG.irperson Harris sai.d it �-ras covered in a�other ordinance. r4r. Peterson brought to the CorLnission's attention item (e) under nurnber 6, Rehabilii;ation Standards, and ask�ed the reason iar the points listed. i;x. Board,�r,an said this meant that af'ter the excavati.n�, the t•ra�cer bodies should be rehab'_�li�t;ated if a lake was going to be created. He suggested eliminata.ng this if 1,he Commission didn'� taant to deal iaith lakes ��ri�,h this ordinar�ce. Nir. Pete�°son pointed out there r;�ight be ti�es in the rehabilitation that in �;he judgement of Staff and the Plannin� Co;n�ission the only z-:ay it could be rehabilii;ated j:Tas to have a standiiig body o�' water. P�:r. I.angenfeld �ave another ex�r�ple of a deep hole b�in� dug ar.d the side ai'fect ti��as a n�_ce, big hill, anci they r�ight feel that ti�rould be a prime area for a ski slope. t•ir. Peterson su�gested they mi�ht have a lake that could be beneficial to tiie City, bui;, I��r. :iarris said that wpuld be a speci_as condition that i��ould have to be engineered and h,_sidled dif�'erently. 2•ir. Peterson suggested scratching i and ii,, an� ,ir. 3oard,-�an agreet3. Mrs. Schnabel referrcd to (f)� F�nal Elevation, and asked if "park" shouldn't be "par�;"', and rir. Bo�sdrnan agrced. P�ir. Lan�;enfeld su��esl;ed that "Paid a psrmit fee" be scratched from it�m l, 212.03. I�Sr. Pete�,soi7 said he reali�ed th�t they had peopl.e wtio ti�rere operatin� businesses and tlicy had a certain oUli�atio� to them, Uut under 212.08 Fees and Bond, he fclt a�1,000 per acre bond would not do rm.ch {;o1.�ards rehabilitatin� the land. Chairperson H��rris said he thou��lt that was sufficien;.. rir. Boarcir».n also noted that mvnGer 2 under 212.08 �hould read "Post a securi�;y bond...". , ��. � �, .� -'i°1� 2�r. Pe�erson usked if the Co:nrni�sion could consider Item � on �he a�enda next as he rni�ht have to leave bel'or� they ��� to it. 1�OTIOII by Pctcr��n, �econded bJ !Per�man, that the Plannin� Commission sus�erid the,rules and consider Item la or} the agenda. Upon a voice vote, all voting aye, the motion carried unanirnou�ly. }a. DI �CUS5IOP�� 0'�I C'��A1dGIi�'.G ?`ErT�i:G DATE F:�.pi�1 ��1T?DA:�S�AY TO THURSDAY DUE TO Gii1�I;Gli; li: F'i� �LIC�.'1�IOi; Jiii':'r G�� `i'i��� SiJ�1 ASr. Boardman said the reason they were brin�ing this up was that the Sun Ne�•rspaper had changed. their rublicatic�n da�;e� and iristead of Z�)edn�sday they taould be comin� out Thur�day. He ex��lained that this h�ould rnean a delay to t�ie present f'ourteen days that �;hey required for notifica�tion for another two weeks in rnost c�;.ses.l rlr. Board:�:an explained that right no:a from �;he �;�.me an app7.icant submitted his application for rezonir�g or a Special Use Perr�it until the Planning Commission heard it ti;ould be al:�ost four t•�eeks bncause of the chaa�`e in publ.ication date. 'rIe said if they moved the me�ting dai�e to Thursday it z�TOUld mean about two weeics. rSr. i3oar�man said that the on7_y ',problem they had was if they changed the Plax�r�ing Coirunission meeting date, to Thursday it WOLI�_C� conflict taith the Human Resources Commission in A�?ril� i�;a.y, Au�ust and October. Mr. Ber�»an asked if the Fridley Sun tallced ,�rith the Ci.ty c� Fridley at all before c:�angin� the da�e, ar.d t�.n� the date zaas chan�;ed.. As. Board-�an replied they ch�aZ�ed it rna�.ZlSr b',ecause o� �the t��ay t,he City Council is set up. He ex.k�� ained that ri�;ht noi•r they had to go to prirt ,�Ionday a.fternoon, and the Council n�etings t•aere rfc��'a;,r nigYlt, so byr the time the af;enda got to the S�an Ne�as�aper it Vras alread,y a week old. He said tha;; �;he, efore they � had chan;;ed �heir publication d�..te to �e.,nore infcrma�ional to the readers and to t:ry to handle the ne�as at the tirne � it h-appened. ASrs. Schnab<�l s�;ated that she i�ro�ld have �i coniliet a: she had a commitment on the t.hird Thursda�,r o.f ever�T mbnth, and'A'Ir. Bergr��� said he had ano�her comr►itment i�r every other Tnursday. I✓!r.;Langenield added that Thursday would also be in conflict ���ith p�,lans t11at �,he had. T�Ir. B�ardman sug�ested leaving -the Plann3_ng Com�*nission �eetin�s ''dn ��?ednesda�Ts and having �,n etitra ttao-wee}c delay. AIr. Peterson said he would be i.n favor of goiiig to Thursday because lie 1ti�as a traveling salesman and the meetings nota fell in the r�iddle of the �,eel:. Cl:airperson Harri.s' Uaid his ,impression �aas to leave the schedule as it tras because it was all laia out and ,'�;he cal�ndars iaere printed. Mr. Ber�rnan noted that they all tended to''frame lesser priority t,hings aroimd hi�he.r pl-iority th9_nt s, a.nd in h1_s case sznce the Pla.nn�.ng Commission met on 1•lednesdays he didn't pl��,-� thin�s for ti�3ednesdays, but did plan other thin�s for 7'�icsdays and Tiiursdays. Iie �dded that if th� scizedule da�;e for the Plannin� Commission was chan�ed durin� th�:s coming sur:lr►er� he could repacka�e around ii,, but hi�� conflict cont�nued thrau�h the school year. Chairperson Hari•is su�g�sted tlley continue tl�e scllcdul:e the S•1�3y it t,as for the rest of this year, then at the beginnin�;',of ne;xt y°ear they could reschedule to Thursday and ui•ran�e ttie r�st of � the meetin�;s accoi•din�ly. 3J `�^"."� � Plannin,� Cnrmnission Meetin� -�arch 9� 1977 Pa�e 12 r�ir. Roardman said that for an e�ampl.e, ii' somebody made application on Mr�rch l��;h for a�pecia], t3se I'ermit th��L requir�d a 1'ublic Iiearing, 1;hey wouldn't be l�earc� he£ore the Plannin� Co�r�mi �sion utztil April bth. T�Ir. Peterson �aid i;he one thing that disturbed hi.�n rras they �rere creatin�; an undue hardsriip on �;he c�itize.Zry. Chairperson fisrris said it was the Chairrnan's prerogative to call a special meetin� if it V�as neces�ary� anei 1ir. Boardman said they t-rould have to know that bej'ore they made the init�.al publication. I�Ir. Ber�;man said his su��;estion' z-ras i;hat 'they continue as they haci been ti•rith revicia in June, z�rhi_cn zaas qnly three rnonths at-;ay. t�ir. Langenfeld cor�mented t,ha-� with a11. due respect to th'e ne:aspaper and the legal proceedi.n�;s that too�: p2ace, he ' f'elt uneasy :�rhen a ne��;spaper changed its publicai;,ion date and the City ri�d to complete7_y revarnp �;he governmental rneetings. i�10TI0N by Peterson, seconded by'Ber�man, that the Planning Commission continue to meet on ;�lednesday with the scYzedlzle to be revietaed at the first meeting in June. Upon a voice vote, all voting aye, the motion carried unanimously. ', Chairperson Harris declared a recess at 9:50 p.m. ' at 9t35, and reconvened the meetin� 2. CONT:INI?�D: PRO�SF,?) P•1AINT��,?,'1;,�?CE CODE Mr. Loarc�nan said that from the �liscizssiar� the;� had at the special meeting taith the Cii;y Council and from the discus;�ion at the las-'t PlarLnir�; Comru.ssion meeting, he took it upon himself'� to make �or�e chan�es in the maini;en�a�ce code. He sa.id they t�rere handl�n� str� ct �� residentia� interior for maintenance purposes (not for ur�r.ading) 'lle said that �ything that was built acc.o.�din ; to a code at the time it �y*as built, t,ou1_d be maintained according t.o that code but not u���;raded. 'He said they ti�;ould handle the systemata_c en.forcemen.t of all rent�'. pro �rties and their services ���ould be avai.lable under the rnaintena.nce �ode to l otianer-occupi ed structures upon their reclucst. Mr. Boarcman explained that there ���ere s vnmediatc: health ;3.nd �afety liazards, and response 1'rom rental properties, and if a R-1 thcse seven itcros �aould also need o�:�7er-occu��ied units. He explained the thase seven items t,�ere. 2iot only hcalth h but also to suri•oundin� property oiY�zers. those, even on a voluntazy basis� they w comply with tllo�e standards. ven items that they would call tl�ese would reqaire imMediate hey did do a vo]_untary c}:eci: on n i;�u�iediaic i•esponse fron a.l.l eason the3� stated ihat was because za�•d items to tlie property otVner, He said �;hat if 1.hey car�c aci•oss uld require that property oi,�lrr to ASr. Peterson asked �ohat this did to the i dustrial and commercial property, and J•Ir. 13oardina�, expl.ained this didn' �; t�f ecfi. industrial and coruncrcial as u �� ' Plnr�ning CommiJJion P9cetin� - ldaxch 9, � � ' Pu�e 13 they F�ere rev9.ewed by the Fire Th�pector an a yearly basis. Mr. Peterson corr�mente+� 1;l��at the Fire In:;pect��r or.ly Z oked at the properLy from a si,and- poini; of safcty, and if there wexe enoug exits to get people out and no visable .fire traps. lie said the Zn:�pect r didn � t m��}:e an,y inspection in terms of whether or not there ti�ere otl�er unsafe conditions that existed. I�fr. }3oardman ;aid that was wnere OS:3A c e in. 1•1r. Peterson said that then the;y had a health cade and not a ma ntenance codc, but 1ir. Boaxcir�an disa�rec��. ' 14r. Bergman cor,:r:ented that he fe'lt "main and he could. a.ccept a maintenance code a when the end i oint rni�ht be t'.-�e concern , no�;hin� �wrong �•rith having that in a mai_n that ��he:n they started talking about ver maintenance code; I�r. B�ardman agreed th � ' �nance" was an ov�rlapping terr►, dressing the cor.di�;ion of plu:nbing or health. He said there was �nance code. 1�1r. Peterson said in and garbage, that :aas not a t would be a health code. Chairperson Harris said that in �is esti ation, that was the reason for this code. He said that the �re�nb�e to the codes or the charter mentioned "for tne healtf., safety and ,relfare of t e community". P�1r. Boardman said that was included in the preamble of the maintenance code. � 2�Ir. Langenfeld said that it seemed t-o hi they had decided tnat the definition � of maintene;xice should be includeci in the preamUle. I�Sr. Boar�a.n pointed out it was included in the scope. :�ir. L genfeld as�ed that tr.e spellin� of "hazards" be corr. ect.ed in 220.0!a. 2�1r . Sch��abel poillted out that ".�aintenance" ' r�as definec'i under 220.0� Definitions, nu nber 1_�3. �ir. ;,a.nger.fe? d saia h� thou�!�t this bod�- had a,reed +hat i�he de inition of "maintenance" ti•lould be clearly def'ir.ed �.rid highligh+ed ii� t:�e s ope. P•Ir. Boardman wonciered ii that � l�ras really recessary, but said h,e hac3�i't'had tirie to study- tne ne��a copy of the code very carefully. Cnairperson Ha �is suggested that t:ey receive this item a.nd then go ho, ie and stlidy it. � ' � � i�;OTI�i� by Schr��bel, seconded by 'Langeni'e d, that the Planning Co�mission receive the Residential i•Iainten�nce Code Upor. a voice vote, all voting aye, the mction carried iui�nimously. � A10TION b,y Sc?�nabel, secotided by Langenfe d, that t:le Pl�.nnin�; Corimission coritinue the discussion ori the proposed laintenance Code until the next meeting to allo:�: tirne for t.ie mer:bers of the Cor�r�ission to study it. Upon a voice vote� all voting �ye, the rnotion carried unanimousl.y. 3. CQNT'INtJED: T�ITERSF,CTION AT 53n�D AND A,r. Boardman stated t.hat Police Departme t liadr!'t come throu�h wiih the � infox�-nation they were waitin� for yet as they had to get it from the S�;ate, but hopefully they would liave tha1: by th ' next meet,ing. � Airs. Schnabel said she r;oiild like to r�en canie to �ier mi.nd ��t iaeek r��o last Sunday. the mistal:e of drivin�; do:m Sunciay aftcr ' ' �ion to t�ir. Bourdman somethin�; tiiat She e�plained tha1; she had m��de ioon to tal:e the exit aut of her � Plr�nnin�; Cornmission Meetin� - I•;arch 9, 19�! i I nei�hbor.hood at 53rd and Centra]., and it �;et i;hrou�;h thcre. She said �hat it happ sale, and the ca.rs werc lined up on the s trying to get throu�h, and they were also area for at least a block. I•�rs. Schnabel c7.ever and cut throu�h the par�ing lot an another line there, also. She explained the design of that irltersection so;ne cons impaci; of' t�rhat it would rnean on 52nd as s that �3rd intersection and u�e 52nd, inst didn' 1; iore,�ee any prablem, and thou�;ht t might be a little rnore accessible. He ad 52nd more than hinder it. Pa�e 1� $ M ad ta.ken her tc•renty minutes to ned th<�t T-;enards was having a rvice road ior a�, least a block li_ned up within the parkin� lot sai.d �he thougl��t she would be corne out at 5?_nd, but had found t brougrit to mind that; maybe in clera�ion snould be given to the me people might choose to avoid ad. I-,r. Boardrnan said that he a�; iaith i;he channelization it ed he thought it �rould help t�tr. F3ergrr:an corunented that just im�nediate y East of the City ri�ht of way going into that shopping are4 were a coup e of the largest chuckholes he had ever seen. He as'.�ed i£ the City o'Fridley snould take any concern about tha.t i•Yhatsoever. P�ir. Boardman repl' ed yes, as tiiat was part of the Zoning Code. ' i•�i0`I'IOT1 by Schnabel, seconded by Bergman, hat the Flannin� Commission continue the discussion on the intersecti n at 53rd and Central until the next meeting. 1�Zr�.: �3ergr�an said that l:e ti�ras a little con Brother �' or.d try to be a? 1 thing4 to al� of �;axpayei;s money to ta,ite over ar intern ti•rhich shauld be at the exp�nse of the pro said i1; itiould be at t7:e expense of the pr condemn the property and put in the impro back against the property oz,-ner that bene Bergm��.n a.sked if the City could assess th said yes, a.i�d that was �;h;T it ��o�ld be be righ�; of i�aay instead of having them conde that they were also allo��red to chaxge 25 � fees. Mrs. Schnabel asked if the property o�anei were takin� pl«ce, and i�:r. Eoard.man repl� Harris sa.id they would tal'r.� to him after Pir. Bergn�::an said he had a litt.le trouble that if a. ca11 was goir_� to be made to cc conunent should be made about the improver he dici.n't� think they should delibera�.ely said she a�reed, �u1d she �;houz,ht i:i fairr be told i;hat they z+Tere considering impro� he should Ue inti•ited to attend the meei:ir added tha.i, she thou�ht that i,Tas only faii stai�tial a�nount of money. S�le said it w� some plans of his o�m. Chairpersori Harr� erned that the City not be "�i� eoples includin�; the spe:'?��ing 1 pa.rising lot directional problem erty oi.�ner. Chairperson Harr•is r�ertf o��m�r as the City would Ement, then it �rould be assessed a.ted from the improvement. r:r. conderrnation cost. ;•Ir. Boardrian ter for hi:n to gi�Te the City +he n it. Chairperson Harris addnd of the total cos�; of administration � t•ras a�zare that these discussions �d not to his knowledge. Cnairperson the concrete proposal had been made. aith those conu�ents. He sug�ested npla.in about the chuckho]_es, a =nts at the same ti.me. }ie said ,*ithhold i_nformation. r1rs. Sclinabel �ss to �;he property ot�mer he should �r�ents on tr:at ini;ersection ar:d ; tliat they discussed it at. She to him since it represented a sub- � possible tl7at he mi�ht even have � commented that he doubted it since � _.�;;�. _ I� PlantiinE Commis�i.�n Meetinf; - Narch 9� Y97? I � there hacin't been any plans i'or tiiteen ication. � pa�e x5 g �,i � � , b��t he also believed in comrnun- Mr. Ber�;rnan su��;ested the City in1'orm th praper�;y ovmer thai; �hcy were activcly reviewing plans on his propert,y but he didn't see a need to do anythinF more than that. I�ir. Boardraan s�.d he would also inform the propert;� owner about tk,e next meetin�; so he could attend ii he so desired. U�'ON A VOICE VQTr, all vatin� aye, the mc�tion carried una.nimously. 5. FtECF=C`JF ?,IA`"FR?�tL F.'O:�I '.iET:?0 COU:�CIL POI,I`.CA'i� :�IG;;Ii�?Ci„�CE i�?ATTF�S ALLT��D TO B'.: OF 1iET?ZO- MOTIO.� b}j Ber�man, seconded by Schnabel, ��that, the Planning Cor.Lmission receive � the rnaterial from 1�Ietro Council on mat;tens alleged to oe of inetropolitan significance. ,, Mr. Boarc�.man explained that this was for Ithe member's re�riet�r� and the � infornat'_�on wasn't a matter .for consider�.tion by the Planning Comr��ission at this i;ime tuzless they so chose. 'i Mr. Langenfeld said he would lilce to kr.o� this and determine if it wa� o.f inetropol replieri he taould do that. I�e exulained Council had a staternent in th�ir rule� a matters o� metropolitan sigr.ii icar�ce, an of t,•hat rietropol.itan signific�a:ce really Nietro Coi�ncil devel_oped st�r_dards for de icance z•ras, and that was i•:hat this infor if they :��e: e supposed to go �hrough tan signiticance, an.d T��r. Boardr:�2n ha� the State ��virorunental (�uality d regulatl cns that dealt !•r� th there ha� r.ever been a definition �ras. Therefore, he said, the ermining t�;:�at metropolitan signif- �ati.on was . hTr. Ber�;rlan commen�;ed that this seemed l�ke a take-off or a duplication of the Y�viron:�ental IMpact process. .��r. B ard.�nan said that �aas the purpose. He expla�ned that under the E�vironrienta Inpact pr�cess there was a state- ment t11at an environmental impact stat;em nt shal� be required if it i•,as a m3�;ter oj' metropoli.tan significanceJ and there was no definition of �:hat metropol'_�tan si�n:Lficaxlce taas. re said hat P-letro Col.�ncil had been given the tasl: of de �er�mining what metropolit.ar significance �ras ar standards for establishing metropolitan si�nificance. Air. Boardman said this t,Tas just a matter of r�view, and he had submitted it so thE: memUers would knota some oi the ,doctunen�k,s that the Cit.y was getting; no action was nec,ded. He explained he �tic�uld be review3.ng it to see if any action i•:as required fron Cittir Staff. TIr� Langenfel.d su� gested that they just rev:iew this to the extent that they'iwere famil�ar i�ith it in case it has ever brouE;;�t up again. , UFON A Vi)ICE VOTI's, all votin�; �ye� the rnc�tion carricd unanimous�.y. 6. RFCE'[1rF ;�i.A7't;i�TAI, I�'ROi,1 �1•tT TF.O CO�ItdCTL C AP�1) ))7;:i:3�i'i;�:�;;:i•:�v"I' l?l�' Gl11Uit;LIi�:�:i FO!t `l'I A�J�:��t'.lN�.;S Ui�:ud�1J Tfii: P?ZCIPOST'D t1I'PT,ICATTON, AWARD I�J;;Ii�l:iT�i �`I'Il�\ Oi� 1'I,�1���:IT�G ' I'lann9.n � Commi�si.on t�eetin� - P�iarch 9, 1 i E� � � � � �� ' 1fOTI0Ii b;� I.an�;enfe7.d, second.ed by Schnab receive t,he material from 24etro Council and disbursement oi �;uideline� for the a Grazlts . 1�1r. i3oardman said he didn�t have much to as he: hac3n't l�iad a chance to revieVr it y person i�arris said he felt T•Ietro Council aUout the arnount of money the;� were to r Nrs. ScY�riabel said that she tira� really s but a{; the Plannin� a.nd Zonina Institute this sub;ject ma.tter and it had been expl Counc�_1 <ibout the at�ra: ding of claims � ap brokeri dolari into ttie five categories. S everybod�,� who was there and ho�rr many peo divided ��rnong, she was surprised they go � Pti.�;e 16 g O , that �;he Plannin� Commis�ion the proposed application, award, inistration of Planning Assistance say abou�; �;his at the present time t f.or the Public Hearing. Chair- had st;retched �;he truth slightly G�1V�. rry she h.adn't brou�;ht her notes, one of tiie seminars deal.t with ined by people from t.he I�Ietro 7_ications, and- how the :noney was e said that ��nen she looked at le the total z��as goin� to be as much as they did. � Chairperscn �iarris said he had attended �: meeting in Spring Lake Park, and in tlzeir discussion he had heen told'�, they iti�ould get !t0¢ per capita for doing this (in other words, 1�0¢ for �very citizen :r�d1e�T had). He � said that figured out to be roughly �12,QOC, ar.d he tnougnt that was rather lo�a. Now, he said, �hey ended up�tirith y��,83�, Vai:ich �aas considerably- less thaz t��hat they had been told to beg n t�rith. Mrs. Sch;�abel said she thought that was , for the processing of the dezrelopment of (for the adr�inistrati�e costs of prepari: She adde:i �hat once they had the plan, t. grar.ts and the�r mi�nt ge+ more money, de they needeci. P•Irs. Schnabel cont�inue-d th that were going to receive a certa�:n axr.o other carur,unities ��rould receive 'money ba said, another thir�g that was brdught out was a separate account to cover anything a di.ff'er�nt set o� monies set aside for hadn't applied yct r,nder that progr �n be lines i'or application at this ti:me, bu�, soon. Tsr. Ber�mari said he noticed that Fridle of I1zll,y Develaped Policy Areas, but un he taondered what the difference'was. r•i have to loolc it up. He added that the probably that more rnonies would,be avai than for fully-developed communities. Chairperson Harris directed the',Coruniss Coi1umu�ity IIititlenientS A� COl1Ilt� (pa�e that column 1 was the Community''Comprch just monef tha� had been granted -the Co.nmunity Deti•elop:n�nt Plan i; a Conunun_�ty Jevelop�r�ent Plan) . ien they t�roul.d start applying for �ending on t:�� amount of assistance �t there i,�ere certain co:n~�unites int �oi' ;noney outrignt, and tnen �ed on need. Incidentally, she was ori Critic�l xreas ther•e dealing ��aith that; there iaas �hat. i�ir. Boarciman said they �ause they di.dn't have the guide- l,hey would Ue making application ��as not listed in the collection r tlrbanizi.ng Policy Ar'eas� and Boardrian re�lied that he would pact of the classification was ble for ui•�anizing co:nmuriities >n to look at the Summar�r of > of the a{;eticia), and pointed out isive Planni_n� r�znd, and colwnn 2 li , Pl�ruiin�; Con�rni�siori Aieeting - I�tarch 9, 19? Pa�e 17 g � I - . ��I tiras the Invcntory Activii�ies k�ind. Iie sai�l he thought the �8,835 �ras the � whole amount �;hcy were t�� receive� and 2�1r.� F�arc',ri<:n said it did look that way. TZrs. Schna.k�e�. erplained that t;here had be Invent;ory Activ.i.ties Furad. out oi �he tota she had her n�tes because they ey�ilained �;r,a{; invcr.�.tory, and she thought it �ras se had not dc�ne vny wox•k at this point on� f Pevelopmer,�t Yla?i, or dicin't have a base m Chairperson Harris said perhaps 1�irs. Schn Boardrnan to check into �he situation. I�e they were go�.n�; to give the City ��3,835 t the kind of pl�.n they s}�zould �et--the� ge that he di.dn't think the co;n�munil,y �hould sp�nd �2Lt,00� to do the t•:ork 2nd on=iy get Boardrnan said tnat the �thing about it i�ras Mr. Harris a;reed� but said they i,rould be and on their ovm time schedulc. ' - ,j>jj,000 allocated for the ��.,050,000. She said she �rished y�y�7,U0Q had bcen set aside i'or aside .for those corununi�;ies i�rho instance, their Community el rras right, and asked i•Ir. a.icl i�nat his ieelin�; �ras, if do �he thinn, then that t-�as tirhat thcy pay for. He added et into t't�e planning �a�ne and �,835 baci: on the dea1. ifr. they irould be do�ng it an;�c+7ay. oine it to their o..•n format rirs. Schn��b�l said the one thing that see I�ed to a]_arrn people most at the se�inar �ras cover�d on pages 1�6 - Li7, und r Step 1 of thc Co;r;;nunity Comprehensive Plannin� l�nd. She said th se z�rere the factors and weigh�s brol:en dot.n intc �-rhat they ztiere �oing to �a�e in deter:�ining how a corrunu:iity s�o�,� iz� i;heir application. Sne said the 'tz�ao thin�s that see�ed to concern mos � cf thc� p�eple were at tiie t,op o1_' pa�e �;--the nrojected populatiori increase �;xid the proje�e�lemplo��ent increase. Sne stated the question }ia� arisen sevez�al ti��s' as to h i•r they �aere going to project tho�e figures aizd j•rhat �'igures they �acre �sing for their base. Chair.person Fiarris sai.d that ihen with th criteria, tize $8, 835 .�ras the ma.Yiriu.m a:now and said she still thoubht that tha� mone grv�ted to i:lle City to cover administrati� Use P1.anninti �rant 1'rogram. She �xplaine passed thf; Land Use Plannit7� Act in 1�75 �1,000,0�O+e She continued that oi tne rn by the let;islature, they l�roke it down in on what they felt tirere �.he specifac needs wit.h this La.nd Use Plarsiing Grant Prcgra�rn � Chairperson Har.ris said he t�ridcrstood that tion prov�ded it didn't sound to him like $8,835; he th�u�ht t}iat was the m�:imum an � to the Cii,y. �1r. BoarcL,�a�z etiplaizled tha�; tq the mei;ro area i•; as $l, 050, 0�0; that wa: said that tl:en the Coinmunity Comprehensive was 1;1�e money '�;tiiey had all.ocated to the cc ' year comprehensive pl.annin�. }'e said the3 however, 1;hai� was the alloca�ion �o be �iti out the ir�tent of tl��e law. Of that, he s� 1 ' 1 eligibility and allocation t. I�:rs. Schnabel disagreed laas ihe money that had been e costs in developing the Land that t•ahen trze State Legislature hey a:�rarded the T'etro Council ni_es that tney were granted o these five allocations based to prepare docw�ents to compl�� , but from reading the informa- they automatically �;ot the ount that had been allocated ttie appropria�ion allocation the tiTilole ball of hrax. Jie Planriin� Fund of $807,500 mmunities to cemplete the three- would apply for more funds, en to comriuzzities for carryin� id, it l.00ked lil;e t.hey had II' P1��nnin� Cor�rnission 1•1ec�tin� - rtarch 9, 1y�7? Pttge 1�3 F $ Q already �"i�ured �;he fr�.c�;ors and wei.ghts i�n order to get those allocations. Chairperson HarriU asked if I�:r. }?oardrnan Ihad �iven them a projection of population increase and em�lo;�ment incre�se, ar,d 2•ir. Boarclman replied that ihe 2:etro Council had done tl�ai;. � Mrs. SchnabeJ, pointed out that it said a',comrmanity may utilize funds �ranted under th:is section for the preparation o� adoption of any required element(s) of ii;s cc�rnpr.ehensivc plan or official cor�trol:,. Nr. Eoa.rd�nan said fi,hat it looked 7_ike the $B, 835 was the r�a�:imuri� amount that would be alloca �ed to E�h�� City, and Chairman Harris agreed.11 ,, UPOId A VOTCE VOTE� al1 voting aye, the 7. CONTINU�;D: GOALS �.: OB�7ECTIVF.S: carried unanimously. Mr. Boar�.��:a.n said there ti•ras one area lef� a�'ter this, and that kas ComMUnity Vitality, 1�r'nich should be ready '�y the n�xt rr,eeting. � 2�ZOTIOr? b;y Schnabel, seconded by ',La.ngenfe�Ld, that the Plar,ning Commission receive Goa1 Area: Access, and c,ontinue �o the next meeting. Upon a voice vote, all voting aye, the motion c�rried! unanimously. , OT1iI:tZ t�liSI.T:�';SS: i:r. Langenfeld said 'r?e had taken it upon', himself to make copies of a portion of the Department of ,yatural kespurces informa;;ive b:ochure to pass out to the members. He said he tti*is ed to brinb to the Commissicn's attention the comrnents made in regard to the aeration systems as he thought they were very interesting. P-1r. Langeni'eld com�r�ented that every now �nd then the Co.,ilnission talked about the 20� t-v'ater i�;anagement Program, d they now had available a 208 Plannin� Bulletin and he was �Tondez�ing i ��;rboc�y on the Commission tiaould be interested in receiving tnat'brochure. If so, he said, perhaps A1r. Boardlnan could make the arranger��ents. I�S . Baardman said that he thou�;ht this Co,�;mis�ion was on the mailzn� list, Lut he would check and have them start sending it to the Corrunissiozi membe s. Chairperson Harris said they had €;o-Lten Ia Public HearinE, no�;ice from the Cit,y of Spring Lake Park concerning a re1ue:>t for a Special Use Permit to construct a local carta�e and fi;eigi�t te minal on part of Lot 7, Audit.ors Subciivi:>ion P?o. 12l�, �,he �eneral locatio being 1229 Osborne Road. He �.nforr�ed. the Corunission the Pub�.ic Heari�� would be on 1;onday, P4arch 28, 1977s at. 7:30 p.m. in the Sprin�; Lal:e Pa!rlc Cit,y Hall. .;r. Boardr�aii said this S�eci�11 Use Permit ;.ould eoncern an area I�TOrth of Osborne along Hi�tn.�ay G��, between H:i�htiaay 65 �nd Old Clentral. He explaincd it wzs across the street from Sartbe's, ;uzd wa� zoned ligiit ir.dustrial, i'r•, Langenfeld asked if sorneone k*as �;oin�; to r�present �the City, and rlr. Boardman replied that they di.dn!t ieel it �aould eause thal�t much of an im��zct on the City's opez�atian in that area and ther�fore wou�ldr�'t be laorth their time. � ' I � � Plannin�; Commi�sion 2'Ieetin� - 1•iarch �, ].�77 , � Pmge 19 rSr. I3oarciro��n said �-,e had been asked hy Di�ck Sobiech -Lo bring up for discussion the araount of infor�rr,ation 1;hey �houl.d ac u��7_l,y let aut on the plat notifica- tions. Jie eyplained thcy had so;r.e probl m� at the City Council meeting wii;h the ncI,eier p].at. The plat' had bee approved by the Plannin� Commission and ti,e Ci�;y iCouncil, he said, and then t• hen it �;oi; down to impravement on the road itse]-f �;he people ca;�e xn a.nd s id theJT hadn't been ai•:are it was goin�; �Lo cost them any mone,y. H� said t3'at .�Ir. Sobiech was �rondering if a no�;ifiration should be put on the plat ing notice that subseauent improve- ments r�i�;ht aifec�; them. The problern 1�:a�, he said, tllat the Plannin� Commission �roulc:n't �:noT,: how rnuch it was�,going to cost the citizens� or even i.f they �rould b� af fected at all. I{ie said he i�ras �rondering if the Plannin� Commi�sion Yranted to get into �l�at. Chairpersor. Harris corrunented tl�at it rea�.ly was not a function of the Planning Cor�:nission to get into assessrne t hearings, t:r. Langenfeld said he did t]zir�k, hov,�ever, it should be a kn��Jn thing -to t:�c ci �izei:s involved. 1�Ir. Board:�an said it i•�ould be di{'ficult �'or the Pla.nning Corru2ission to evaluate because they wouldn't }c�ow i�:hat ��, the ease;nents ���ould be at that time. C:aa.irperson uarris su�gested that'' if they sai•. suc?� a thing they could call it to the attention �f the Ci�y Council w7�en they sent their recor,.n.eii��ation to them on the plat. rir. Ber��n�� aslced if it was true� that p1 any costs to adjacen+., property oimers� a explai�;ed t.hat V;it!� a plat ��Z�re could e affect Ot,til�?" �T'0�2T'ty o�:-ners, and s4id t� they shouldn � t nct�_fy thern at t:�e time o. resul L i_:n subsec�uent iMprovement,s t::at n comrient.e� that she tt�ought it :�ras true t unless t:here w�re going to be improve^ien would zzn�erstand that. 2�Ir. 13er�:ma.n asked at i:hat poin{� ''after th or Puk�lic Hearing rega.rding t}le specific and ti,�ha t it �aould c�st, if t}7ere i, as to replied that ta�as totally up to the devel tting actually could result in d��r. Board�:an said it could. He en be a roau i:r,prove;ncnt tha.t cc�ald at 1•,r. Sobiecn was ti�onderin� if the plat thwt. this platting could �;ht a,ffect t'�ier!. I�Zs. Lynch �i there :aas rio sense in platting s, and she thought the people platting thrre was an announcement street that ��,ould nota �o in tllere e a street improveMent. A1r. Boardm�l p�r. T1r. Boardria�l', su��es�,ed that he recorrmend �Lo 2�1r. Sobiech that they leave it the w�y it :��as <<;i:d not mal:e ��y statemen s that subsequent i;�provement might affect adjacent property owners. Tlrs. S hnabe]_ su�gested that i�rhen the matter ca��le betore the Cit�y* Cou:icil t�:at'',' me.ntion could be rnade that there nught possibly be e�penses bori7F by adja�ent nei�hboi•s. Chairperson Harris said he did;� � t undr�rstand where ,the probi�em was, and T�Ir. Boardman explained that people iaere oUviously unataare in th� Public Hearings tha1: generally in app.roving �3, plat, improvertent�s genera�.ly followed. ?�ir. Ber�;man �aid he thou�ht a statement some oi' thos� people mi�ht decic�e to com were made aware oi' the possibilities. t�l they w�u�ted �eople at the Public Hearin� were �oi;n�; to be� made wlien �,he Conunisssi t�ould be in t.he notice because to the Public I�earin� i.f they . }3oai•c3�nan said he wondered if askin�; what type of im}�r�vements n really cnulcin't tell them at the . . I • , «.�' .c�c�tin - 14arch 9 �.9711 ► Pa�e 20 Plr:�nn�.n�, Commi,� �xon 21, , � , � $ S t9mc of tl,�e p1'�t�;in� ho�r those things wer Schnabel asked when the City could tell t ans��ered Eit the improvement hearing. MOTIO�� by Bergman, seconded b� I.amgenfeld recorrrnend to Cour�cil '�hat plattin� notice the efi'ect that as a result of p1�ti;ing, imr�rovemerii; cost,; would iollaw, or words Mrs. Schnabel said she thought this i�rould that whilE: she fc7_t the people in' tile a.re be assessE;d for improveraents, she' thou�ht there wou:�c� be a lot o.i people at�tending properi;y l�ecat�se the; r�ight possibly be a �ot,T if tha� type of iizput at a Public LIe U�.SC�JJI.OIIJ in terms of replatt,ing �roper it ti�ou7_d malce an awn��:ard situuticn, a.nnd 1•r they woulc:in't be able to give ihe citizen that she �thought tliat �aould ma.ke the Conun acting almos �'irrespor_sit�ly; they coul.dn � or k°hen, ,�nd the citizens rnight tnink th� things from them. rir. B�rgm�n said he th Mr. Ebarci;;�an said h� thought tY:e�* had to on the co,ti:�unity as a t.holes wnd if it wa. in the develop��ent of the communi�;y. Cha mc�re basic than that. i�e said it :aas pre follo:�;ed the platting ordinance--tthere ha Mr. Bergman stated that his motidm t�ras ma awareness and cormr�unicati.ons, anc� he didn affect on ho,,T' they z�:ould judge a plat. H public a�aareness--at least the citizens T�� the other hsnd, he said, he coul_d see whe but t,he p]_atting ordinance t�ras clear and street might no;,T li)ce it because :it would ation in the rignt o� a property o��Tner to Ms. L�nch stated that she agreed the pub couldr�'t evcn ima�ine anybody not realiz thin�� there had to be pro�res;, and if reali�,e that it mi�ht cost.them money. the Cor�vnission should be hassled becausc that mi�h�; not even happen. She added t problc�ns . �oin� tr� a�fect thern. 2•Srs. :m, and Chairperson Harris that the P7-anning Cornmission sh�uld include a staternent to ��sibil.ities did exist ttiat � that ai'i'ect. operi a can of worrns. She er.plained s'riould Ue a�;aare that.;they might in terms oi' the 1'ublic Hearing 0 object to the replatting of sessed. She stated she didn't ring would be benezicial to the y, i-irs. Schn�bel said she thought uld be very difficult because ��y dollar amount. She added ssion lool: as though 1;hey i�ern . give them �Zy idea of ho�fa much Cormission t•�as tr3�ing to hide ught they might feel that taay noia. ook at the affect of platting a go�d i..dea arad a step forca�rd rperscn Harris said it t•�as even ty tough to deny a plat if it to be good grcur.ds. e in support of improving public t see hoti�� it ��:culd have any ; said he sati. r7cthing ��:Trong with uld be made knozaledgeaLle. On e it mi�;ht be a bit di.sruptiv�, he fact that somebod,y doti�rn the cost hi�n money is not a consider- pl at . ic had a ri�;ht to know, but she n� t,hat in t�ie natural scheme e� hey would loolc aiiead they had to he said she cculdn't see any r�ason of tellin�; tlle cii.izens of a possibility at she thou�;hi. it would just cause Mr. L�tn�cnfeld said his vote woilld be �o� the mo�:ion simply because, Mr. Bergm�in h.ad added "or words to that 3ffe t". UPON ai 1�OICL VOTE, Bergmrui �and Ltuz�cnfelc� voting �}�e, Itarris, Lynch and Sclinal�el votin� n�,y� tlle tnotion faS.led 3 I 2• '� Plnn��:in€; Cor;un�.s;;ion Mee�;in� � March 9, 19`�7 i F Pa{;e 21 $ T Chair��crson 3iarri.� ;a�.� he had one more i�em which concerned a brochure from the Cente;r for Stucly oS Lo���,.1 Gover. nn,enl; n St. Pau1, t�firine:;ota. He explai�led that planninE; scrnir.ars were to e held on Land Use Planning, Zonin�; iunctions� and Le�al Foundations o Pla,rmin�; �.nd Zonin� and Subdivison R��ulat:ions. After 1'urther study, ho1rreve , it f�as dci�ermined that the seminars l�ad alread;,� talcen pl�zce �rith 1;he I ex�ception of thase that were to be held out of �,ot�rn. � 1�1rs. Schnabel cor;mented �;hat t�ie Planning and Zoning 7nstitute she had attend::d T�ras very el:cellcnt, and was sorne �t�iing �;hat an;,�body who was involved in cit,� goverrunent in any tiray should go t. She added it �ras very inforrna- tive and •Tery helpf.ul, and she had enjo,ye it. Mr. Lanr�enfeld sazd he would 1.ike to ment meetin� �rhich iaould tai:e place on I�pril 2 the inforrnation back to the next meeting. ADJO'JR�^ :E]�1T : r.OTIOIr by Langerifeld, seccnded by Bergrnan Upon a vo:ice vote, all voting aye� ChairpE Plannin� Cor�issian meetin� af i-.arch 9, 1� Respectfu:Lly submitted, � J �,-,�.�> ���.�-��:r.�.� Sherri 0' :�onnell `� Recording Secretary the Cc:�vrn�nii;y ldoise Control , ar�d said he �.rould bring that the rn�etir.g be adjourned. son �arris declared the 7 adjourned at ll:�tl P.P�,. � ! . r , � i ' I III , ' � ' ' , � ' , r r �.� ' . , ' �1 CHARTER C�JMMISSION MEE?�ING � FEBRUARYII5, 1977 F F�� MEMBERS PRESENT: Ray Sheridan, Cli'�ford Ash, Peg 2dcChesney, Jackie Johnson, Elaine Knoff, Ole'i,Bjerkesett, Robert O'Neill, Kenneth Brennan I MEMBEFtS ABSENT: Charles Langer, Crowder, Roy Mc OTHERS PRESENT: None CALL TO ORDER: Chairperson Slieridan called the A�'PROVA_I, OF JANUP.RY 18, 1Q77 CHA�' bert Bacon, John Swanson, Harry son, Jerry Ratcliff to order at 7:40 p.m. COP�IISSIOr: �SIPNTES : DZr. Bjerkesett stated that the last!�paragraph, page 4 af the January 18, 1977 minutes of the Charter Co:�uniss�,ion meeting did not accurately reflect his statement at that meeti g. He asked that the last paragraph be deleted and the followir.g state er.t be included in lieu thereof, a.nd review made by the secretary of�, the tapes of that meeting: "Mr. Bjerkesett stated that whiile he felt that a council-manager form of government was more e f�cient, that this �aould be the case only if tYie City Council�id a.good job of policing the City Administration. He state'd that the financial statements of'the City would show that since 1973 the annual salaries of the three top administrative piositions have been increased be- tween five and eignt thousand dollars. He stated that he did not know if t.�iis was high or 1ow, but he did feel tl�iat salaries were adequate enough to justify some requirement that the administration be responsible for contract negotiations with city employees and not permitted to spend additional thousands of taxpayer dollars on an outside negotiating service. He stated that he th�ught this was a'buck passing gimic' as taere some of_ the 'studies' and'surveys' that thousands of dollars have been spent on in the past. ^He requested that rlr. Terpstra �dc*ise the Charter Commission as to haw far the Conmission can legally require Council action, ,possibly by budget limitation� or by job description for adnzin- istration personiiel. He said that going into thi� would take a lot of time and work for the Charter Commission." ' • � ' � 1 � � � F CH;ARTER CO2��IISSION MEETI2dG, FEBRUARY .IS, 1977 Paqe 2. MO`PION by Mr. Sherida:� to accept correc�ed portion of January meeting minutes with review and approval of those minutes to be accomplished at nex� meeting. Motion seconded and cazried unanimously by a voice vo�te . Mr. Sheridan reported receipt of statement for services of Commission At'torney Terpstra to date, and asks that this statement be ratified tonigh� and sent on to City for payment of sum in aznount of $165.00. MO:PION made that the statement from Barna, Guzy, Terpstra, Merrill & Giancola, Ltd. for Commission atto�-ney Terpstra`s services be approved. Moi.ion seconded and carried unanimously by a voice vote. 1. REPORT OF OFFICERS: Mr. Ash reported on committee meeting they held on February 2: ' a. With alI the changes recomrnended for the Charter, they thought it would be in order to suggest to City Council that they reprint the Charter. � b. Aiscussed briefly pending new members and thought it would be appropriate that when n�.�nes are submitted to Judge they ' be accompanied by a brief �esume giving information, such as taxpayery length of residerice in city, etc. 2. REPORT OF REVIEWAL COI+��IITTEE i Suggested items to think aboutiand x°eview: � Cha�ter 2, Sect. 2.07: The Ma�or. Question (1): When the Mayor is',not arounc�, there is a president � pro tem. What Y�a�pens if the Mayor moves out and Council is split - 2. Haw do you get a new Mayor? � This is not clearly covered. ' �� � Questicn (2): Nothing is said,about number of terms that a person can serve on Council. Should it be limited to two or four terms? Question (3): Council size. Shbuld there be more members? Fridley has grown, is now in 30,000 category. Question (4): Should be a list C�f standing committees and it should be published, wi�t� name of chairman, plus schedule, ' meeting dates, e��., at least once a year. � 9� � ` . � � � � , � � � � ' C � ' � C RTER CONtMTSSIOPI MEETING �i ' F �RL7ARY 15 , 1.977 3. I� , �uestion (5). Boards. Newly ar�ated boards should have a termina- tion date or rejustification for further existence. Question (6j. Can a person hold more than ane elective office? Section 2.04: L�isc�ualification for appointive office. Does this passage need clarification? Seation 2.08. SAI,7�RIES �iD EXPENS�S: No quarrel with this. When they run and ar� elected they know what their salaries will be. Feel they should not get increase in salary until or if they'run for reelection, but should not qet increase wi.thin same term if one is voted in. Re expenses of Mayor and Councilmen. Should be some- thing in this sectian about travel, convention ex- penses, etc. Np-guidelines given. Chapter 5 SeCtion 5.02. EXPENDITURES BY FETITIONERS. Question (1). No mention,of l�T �'ting expenditure by someone opposed to a petition ��hould there be a restriction on such activity a� :,�well. �I : : Question(2�. Don't know where'this could be included, but it is not covered in Chart�x. � Right now only way anyor.e on Council can get �.hformation is through City Manager. Note on thi.s: M�['. Bjerkesett stated that this was taken care of in Chapter l. Any councilman can request information through the City Manager and City Manager must respond, rir. Ash felt there should be some further alternatives that might be reviewed. Question(3). If two ordinanc�s passed at same time, or one passed this year and another later in year or another year and they conflict, how is this resolved? Chapter 6. Section 6.01. City Manager. 'According to Charter, City Manager serves at the p�easure of the Council. Suppose they are not happy writh what is going on in City and want � new City manag�r. How can they remove him. Would he ' have to be giv�ri 30 days notice? Get a minimum of another 30 day�;s�everance pay plus more for each 6 months servec�. Should this be spelled out? � �� ' � ' 1 I ' , ' � � ' ' ' , ' , ' �' i ' . � ' i , i t 0 CFiARTER GOMMISSION DiEETING, FEBRUARY 15, 1977 Page 4. SeCtion 6.01 (continued) Can there be some form of review of performance of City Manager? Are there guide- l.ines? Section 6.02 (b) "To appoint,'suspend and remove..." Should City Council have to get themselves involved if there is, for example, disciplinary action or fira.ng of clerki Mr. Bjerkesett says he believes they should -- that this is a proLective clause So that City employee has a right of appeal; they . �tre not covered by Civil Service. They have union eontract for same; others have no protection. Section 6.03. DEPARTMENTS OF ADMINISTRATION Question (1): First paragraph, first sentence, "...and from time to time.alter..." etc. Tnis is not very specific . in terminology. There should be a time frame - included here. GHAF'TER. 7. TAXATIOrI A.'�1L� FINAtVCE. Section 7.02. POWER OF TAXATION. Point for review: Have given the city a maximum levy mill rate.; Wonder if there should be some kind of dollar limitlwritten in. If inflation continues to increase, ma�be there should be a percentage ex- pressed in doll�r rate, 9C ' Mr. Bjerkesett said thet there is a Statute of Limit- �.tion on how far they can go with this. When Charter. was changed, there was a limitation in mill rate put in. Mx. Ash indicated there had been a fifty percent increase il,z expenses in past three years in City government. Question (1).A. What are special taxes? sa.a.- �uestion (2). Limiting of lenc�th of City Council meetings. Determine T ox'der of priorities of agenda. Consider possibly putting in Char;ter that any prospective ordinance, petition, etc. that deais with City Charter would defer to this Charter, Commission. 0 1� ,' . � 9D � C1iiARTER COMMISSION MI;ETING 15, 1977 2. REPORT OF FtEVZEWAL COMMITTEE (cont'd) ICHAPTER 9. EMINENT DOMAIN. 5. ' Question (1). Discussed power of eminent domain as set forth - by statutes of'State of Minnesota. What is this - could it be mo�e explicit? ' � Mr. 5heridan stated that this is a State law and does not c�ange much. , MY. Bjerkesett said he would�like to add something about referring certain things to Charter Commission. This is very important if it can be done legally. Iie cited example of riaplewood wherein a � petition for Council-like government is now being circulated. • Some signatures are now being checked for authenticity or duplica- tiqn, but petition was circulated because of dissatisfaction with � Council and City Manager. Thi� action and similar actions elsewhere could lead to complete rewritil�g of City Charter. ' � r ' ' , r , ' ' ��I � The report of Commi.ttee to Review City Charter for Possible Conflict ended with above discussion. Chairman Sheridan complimented Mr. Ash and his committee for this fine report. 3. DRAFT OF LETTER TO JUDGE OF DISTRICT COURT Mr. Sheridan stated that the draft of letter to Judge of District Court has purposely been delayed because more names are being added to the list. Peg McChesr.ey stated that the �etter was first to have beer. sent January 15, but to persons who have inquired she has rasponded that it has been delayed so th�t they may include some new names and also names of some young p�opi.e. ricChesney stated that they need three new people. Names will be given to Judge just as sugges- tions, witYi resumes included. !Discussion ensued re material to be included in resume, with a lis� being suggested for inclusion in resume, but at sug_qestion of McChesney, decision was made to send names without resume. I MOTiON was made that a list of names be suk�mitted to the Judge which would include just addre ses. Motion seconded and passed by unanimous voice vote. Chairman questioned when the 1 tter should be dated, and McChesney sugg�sted as soon as possible. Chairman stated he hoped it could be sent the firs� part of next week. � CFiARTER COMMISSION MEETING . FEBRUIa,RY 15 , 1977 � �9E Page 6. 4.. DISCUSSION OF MEETING DATE Decision made to leave dates s they are, as this seems to be best for all concerned. Chai an suggested that they may , consider not meeting in summe as in the past. 5.. OTHER BUSiNES5 MOTION by Mr. Ash that City Administration repri_nt Charter incorporating all amendments as er.peditiously as possible, and that they submit draft to Charter Commission prior to meeting of March 15. Motion �econded and carried. Chairman asked if there was aijiy other business. None to report. � 6,. MOTION was made for adjcurnme�t at 9:00 p.m. Motion seconded and passed unanimously by voice v�te. Respectfully submitted, ', �, �'�� f, . ���/ � �! / %/ �i i 7�� �' Verna Gore ' R��r,ordin� Secretary 0 0 0 ' ' CATV CONiMISSION MEETING � C' � CALL TO ORDER: City of Fridl � Chairperson Scott called the meetin ROLL CAI.L: ► 10 Y 24, 1977 PAGE i to order at 7:30 P.M. Members Present: Scott, Brennan, H�ghes, Kaspszak, Dunn Members Absent: None OthE�rs Present: Chuck Nungerford,iManager of General Television Clyde Nloravetz, S aff Representative John Walkmeyer, S ate Cable Commission Douglas Hedin, At orney INTRODUCTION OF NEW CQMMISSION MEMQER: Chairperson Scott introduced Mr. Ed Dunn, a new Commission member. � APPROVAL OF JANUARY 4, 1977 CATV ADVISO�Y C4l�1MISSION MINUTES: Motion by Hughes, seconded by Brenn�n, that�the CATV Advisory Commission ' minutes of the January 4, 1977 meeting 'be approved as written. Upon a voice vote, a11 voting aye, the moiion carrie� unanimously. � �' � . � ' I ' � , 1. REPO�tT FROM GENERAL TEL�VISION Mr. Nungerford appeared first on thle agenda as he could not stay through the meeting. He stated that they are iln the fourth ��reek of "Man on the Street" show, �vhich appears on Wednesdays at 5:'`30 P.M. and Thursdays at 10:00 P.M. on Channel 25, with Mro Hungerford doing �e interviewing. Mr. Kaspszak asked if ther•e had been any promotion for this shoav, and �ti�as told that there have been announcements on Ci�annels 6 and 25. M. Hungerford encouraged all Commission members to look at it. Mr. Kaspszak a'ked what kind of feed'oack they.were gettinc� from the show and Mr. Hungerfo d stated that unfortunately tl��ere had noi; been very much, but stated tha� TV Guide had included a spec?al listing for Cable and this would be sent to ne�rly every hon�e in Fridley for six weeks. Mr„ Scott asked Mr, Hungerford abo�t his feelings regarding Grace High School receiv�ing a cable drop, and if they wo�ld be charging them? htr. Hungerford replied that he was not aware of any c ntact from them, but that schools do not get ch��rged. htr. Scott stated that Gr ce Hi gh Sci�ool liad i ndi cated they had not had contact ��ith the company since 197 , and he suggested that they might wish to contact the school. Mr. Hungerford stated that the Fridley High School has indicated that they would like to get tarted on a p}°ogram and have General Televisie look at tl�eir e�uipment. He said he h d talked to Tom Myhra. Mr. Hungerford said they would give the schools a cha nel--two-ti��ay-- sending signals from their school to them. Mr. Scott inquired ab ut modulators, and Mr. Hungerford said the school would have to buy those. OLO BUSINESS 2. RESP�NSE TO LETTER DATEO JANUARY REPORT�� 1977 TO MR. JAtitES GOETZ CONCERNING FINANCIAL Corrnnission Meeiing- February 24, 1�77 Pa9e 2__ l� � Chairperson Scott asked if anyone h receive�� from Mr. Goetz, and the report was a lengthy discussion regarding inad Morave�z stated that last year they had regu1ar service subscribers, Cinema III felt th��t this years report was an insu for this type of audit. Mr. Kaspszak said he didn't think t the Counci1 that appointed them, or ans with this type of audito Mr. Hungerfor and that he wouid get in touch with Mr.; The subject of Mr. Goetz' correspondenc�e with no explanation, v�ras a.lso yuestioneld Mr. Goetz knew v�hat we wanted in regard several times. The Commission was told', similar to the one the company receives, he thought it should be turned over to N and ask him what he G�rould expect in an a Mr. Brunsell had been satisfied with th�e Motion by Hughes, seconded by Brenn to the City Finance Department, and tha their dissatisfaction with the financia that the Commission did not believe it of the Fridley City Code. The Commissi appropria±e action, requesting an audit vote, all voting aye, the mation carriE d a chance to look over the letter fron Arthur Young & Company. There quacy of iternizing of audit. Mr. itemized r�ight down the line, i.e., etc. Mr. Kaspszak indicated that he t. Mr. Scott felt there was no excuse is Commission cnuld be responsible to er questions that made any kind of sense agreed that the audit �ras indeed inadequate Goetz and ask for a complete breakdo4rn. which indicated a. �326.38 overpayment . Mr. Scott said that he believed that to a report as it had been discussed last summer that an audited report, would be sent to us. Mr. Scott said arvin Brunsell, City Finance Director, udited report. Mr. Moravetz stated that report they received last year. n, that the financial audit be referred the Commission convey to the City Council audit submitted February 22, 1977, and et the requirements of Section 405.06 � n reco�mnends that the Council take d r�port at an early date. Upon a voice ur�an?mousiy. Mr. Kaspszak asked T4s. Hughes if tlley could have a reconmendation from the City Cauncil as to whether or not this''financial statement was in compliance with the frar,chise agreement. Mr. Sco t'read Section 405.06 of the Fridley City Code, out7ining the company's res onsibilities in this respect. Chairperson Scott said the Commission and Council ���ere promised an audited report by October 1, 1976 for 1975, and as the Ordinance now read, the next audited report should coine by March lst. He indicated that he was nat quite sure wiiy the company paid in December and said the Commission should get a clarifiicati'on from �dr. B�runsell on that,, also asking if the payments were on schedu"Ie or exactly how the payments were to be made. 3. REPORT FROM ATTORNEY HEDIN: F.C.C. UPDATE AND ACTION ON HOUSECLEANING AMENDMENTS OF ORDINANCE: 1 Mr. Hedin gave a report on new rules adoptedin mid-May by the F.C.C., and di��cussed access sections of the ordinance. He stated that after the new F.C.C, rules were adopt ed, reconsideration suits �•�ere filed by City groups and when the F.C.C. final7y released its orders on December 21, 1976, I some changes were made on access rules. Mr. Nedin said his proposals for the Fridley Ordinance fell into t��o ' categories: (1) general housecleaning-get rid of obsolete language, and (2) adopt�vord for word,:�.C.C. rules on access channels. The new F.C.C. rules on access channels apply to cities with 3500 or more subscribers, and do not ' apply to Fridley, so the City is caught in a no-man's land -- no rules from the original ordinance, and the new rules do not apply. He sta�ed that since ' 10 � CATV Commission Meeting - February 24, 1977 Page 3 F.C.C. rules do not apply to the City of Fridley, a�e do not have to get prior a�iproval. Mr. Hed�n said that he has set forth about 14 amendments to the ordinan�e, some of vrhich are entirely new. He suygested that the Commission reviev� his letter of August 11, 1976. Ne stated that a good argument could be made that the F.C.C. rules and the new amended ordinance would permit a court order extending the ordinance to inc7ude pay-cable T.V. Mr. Kaspszak inquired if an amendment to the ordinance no�-r, after the construction of the facilit.y, etc., if GTV could make a legitimate case that if this amendment had existed at the time of the initial agreements, they would not have come into Fridley? Mr. Hedin replied that he did not think so. All the Commission aras asking for was N�hat the ordinance requires. One fact that works against Fridley was that the access channel had hardly been used. t�1r. Goetz could argue ihat the City was asking him to revamp a costly modification of pay-Cable TV to extend a little used, access channel. Chairperson Scott pointed out the GTV had make it very difficult to use that channel. Mr. Kaspszak asked if that could be documented? Mr. Hedin said that was a policy argument. He said the City could encourage use of access, but that takes money. It 4JdS a vicious cycle. rrr. Kaspszak indicated that the Commission was working on an access study, and that should mean something. Mr. Hedin stated that accesswasa nation-wide problem. Mr. Hedin suggest�d that the C�mmission should review the proposals submitted last August. Under Section 405.05, the t�arch date should be changed to October. If the Commission approved of all the housekeeping items and other substantive changes, those should be submitted to Cou�cil with an explanatory letter. Copies should also be submitted to the Company and their attorney. Mr. Moravetz stated that the City Council must give GTV 30 days written notice prior to enactment of chan9es. The Commission decided there should be another meeting between the City Council and General Television on access changes. Chairperson Scott told Mr. Hedin that they had divided items outlined in his letter of July 15, 1976 between controversial items and housecleaning items, and the follo«ing items ��fill be before Council on February 2�, 1977: Items 1, 2, 3, 6, 7, 12 and 13; ana Sections 405.05 and 405.192. Chairperson Scott continued that the Commission would try to get the housecleaning amendments through, where a public hearing is not required, and access items ��rould be taken up at a later date. Mr. Scott suggested that if the above items can get passed on Monday, then a'P.ublic Nearing should be scheduled as soon as possible. MOI�ION by Hughes, seconded by Scott, that the CATV Commission receive letter from Mr. Hedin dated January 24, 1977, including the new language recommended for Section 405.253. Upon a voice vote, all voting aye, the carrieci unanimously. the mot�on Mr. Hedin mentioned the idea of forming an organization of Cable TV City � Commissions. He said this could be formulated as a non-profit organization. Ne feli� that sooner or Tater thei°e would be a need for this kind of organization and that Fr�d]ey might as well take the lead. Mr. Kaspszak said that what impressed ' him abc�ut forming such a group would be that it would give them access to the Attorney General's office in terms of legal muscle in relation of discussions with the F.C.C. . , Ch��irperson Scott told the Conunission that the next agenda would include: (1) a presentation by John �dalkmey er on cable in the state, and (2) a meetiny � � ' ' , ' ' ' r ' ' , ' ' 1 ' 1977 Paqe 4 10 � CATV Comrnission Meeting - February 24, _ F between the Gompany, City Council and the Commission members, to discuss items 4 and 5, and items 8 through 11. 4. UPDATE ON CHARACTER GENERATOR PROJECT: Chairperson Scott asked if there was anything new on this project. Ms. Nughes said there was not. 5. PROGRESS REPORT ON ACCESS STUDY: Chairperson Scott stated that the letter from Sister Qarbara arooks, Grace High Sch��ol,was the only response they had receive� from the schools. He asked if anythinc� had been done on the tax exempi; status for the Anoka Council Communications Worksho��? 1�1r. arennen said he would have to get together with Mr. Scott and prepare some written material on this. NE�! BUS] NESS 1. Repc�rt from Douglas Hedin was included under Item 3. 2. CABI_EMIX PUBLICAION: A f'lyer was circulated at the meeting entitled CABLEMIX (Cable Municipal Informa��ion Exchange)o ?he Commission decided to write and request a sample copy, then decide if it was of value to subscri6e. 3. N.C.T.A. (National Cable Television Association) Chairperson Scott said the National Convention would be held April 17-30, at the Chicago Conrad Hilton. He said the fee to attend l�ras �a185 and this did not include hotel, meals or air fare. He asked if anyone could a�tend this convention. Ms. Hugnes stated that she felt the priority in sending someore to this convention should be, first, from staff, second, from the Commission, and third, from the City Council. Mr. Scott said that he preferred to send staff first, also. MOTION by Kaspszak, seconded b,� Dunn, that the Commission recommend to Council that Clyde �1oravetz, staff representative to the Commission, be sent to the - National Convention in Chicago to be held April 17-20, 1977, and that the registration fee of $185 and all other expenses incident thereto be paid. Upon a voice vote, all votiny aye, the motion carried unanimously. OTHER E;USINESS The date for the next CATV Commission meeting was set for March 30, 1977. ADJOURNDiENT: MO'fION by Hughes, seconded by Brennen, that the meeting be adjourned. Upon 8 voicE� vote, all voting aye, Chairperson Scott declared the February 24, 1977 CATV Cc�rr�mission meeting adjourned at 1G:00 P.M. . Res�ectfully submitted, VERNA GORE Recorcling Secretary 560-3450 F 11 ��t o Y`�le � � 6431 UNIV6RSfTY AVENUE NE ANOKA COUNTY FRIDLEY, MINNESOTA 55432 The .Annual Meetin� of the Fridley Police Civil Service Commission v,Tas held on Tn[edresday, February 9. Memi�ers presear?t: Jean Schell, Tim� Breidor, r�elen Trelzenfels Advis�r - Jizn N_ill The meeting was called to order at 7:5� p.m. Old '=��siness Letter from City 8ttorneTT in response to request for inzprmation on leLality of abolishin� posi.ti:,n o� police chief. T��Soti�n b;,- Treuenfels to ask Citv Council �b obtain f'orrnal opir.ion fx�om tne Attorne;� Geraeral - matiorz died for 1a;�.k of secorid. Polace al�t�ibili�y rostcr -;i�. Hill suggested that we mi�ht ti:Tant tq scrap present list, since top peo�le are no longer a�ra,il.at�le. He s:a��est�d �'rzat �,��e lirriit eli�;ihle c�ndidac�T to already accrodi �ed oiiicers, or permit lateral tr�ans�er w:_thout fu�ther testin�. Motion bv Treuer�fels to l�ire 2 afficers from preent roste� if avai�able in the �ap ten on the list. i�Ir. Hi11 said tho motion was unnecsssary, since ure of the list is required unless we decide to t}�e cont.rary. Breider requested that ��;r. Hill contact tl�e top people, see if t}�.ey are availab�e, and. chock also ofl th� next tes� �ivon by tho stat•e, and possible entrti into the `l'rainin� Sch��ol. He as��od t�iat ti�is inform^t? on be given to tre C�mmission �,�ithin 2 woeks, and'that t�ie feelin� of t}:o staff be ascertainpd as to w��etrer they would like to t�rork with new recruits or seasoned officors. New 13�zsir.�ess �ect��n of Secretarv of Commission - Tim Breider chosen unanimously. V � M�tion by Schell to approve expense reimbursement of �100.00 t:o Helen Treuonfels i�r secreta: ial service for the past year�. Second by Breiden - passed. � Mr. Hill will present tho reqtzost to the Council. Meeting c�djourned - 9:0� p.m. ' �LJ Respectful.Iy submitted tlelen Treuenfels, Sec'y il ' ' , TO : ' FROM: � , ' � � , �J il ' � ' , ' 1 CITY OF FRIDLEY N1 E M O R A N D U M NASIh� M. QURESHI, CITY P9ANAGER, AND CITY COUNCIL P4ARVIN C. BRUNSELL, ASST. CITY P�1GR./FIN. DIR. SUBJECT: PROPOSED LAW RELATING TO CITY, COUNTY, STATE APdD NATIONAL ELECTIONS DATE : ��1ARCH 17 , 197 7 Rttached is a copy of Senate File No. 350, a proposed law affecting City, County, School District, State and National Elections. This is a very canplicated and far reaching bill. The proposed bill is being b rought to the attention of the City Council at this time, so that the Council can take a position on all, or parts of the bill if they so desire. Some of the important features of the proposed legislation are: 1. The law weuld supersede the City Charter on items relating to the electi on of muni cipal offi ci als , thei r term of offi ce, electi on dates, etc. The bi]� if passed would supersede any Home Rule Charter in so far as any incansistency ex�st�. (205.015, Subd. 6, pa9� 2) 2. The law would group City, County, School District and otner special districts in one election. (205.015, Subd. 2, page 1) 3. The law would provide that City, Scnaol District, and County elections be held on the odd numbered' year. (205.015, Subd. 1, pa9e �)' 4. State and nat�ional elections would'l�e held on the even numbered years, 5. The law'would substantially narrow the time span between City primary'and general elections. The law would allot just four weeks time from the date the City primary election is held to t}�e date th� c�eneral election is held.' 7his �eaves very little time between'°elections for the printing of bailots, notices, mailing and the returning of absentee ballots, and programming. (205. 015, page 1) 6. The law' also changes the filing date requirements. The law would change the time for filing dates for municipal elections from the pre�sent 120 days and not less than 90 days before the general election to 42 days before and not less than 28 days before the primary election. This would cause severe problems as far as having the ballots printed, han�dling absentee ballots, notices, etc. (205.13, Subd. l, Page 4) .I.L I , ► 12A � � � r PROPOSED LAW R�LATING TO CTTY, COUNTY, STATE AND NATIONAL ELECTIONS PAGE 2 7. The 1 aw would requi re that the electi on resul �;s be canvassed within two days of the election versus the p resent City Charter req�airement of seven days. (205.14, Subd. 2a, page 5; 205.14, Subd. 3, page 6) GENERAL: a. The 1aw would change the City general election to the first Tuesday after the second Monday in November. The election now is held the fi rst Tuesday after the fi rst P�onday. (2Q5.015, Subd. 1, page 1) b. The City would be responsible fo r posting all notices for all , offi ces to be voted on , s,uch as Ci ty , County , School Di stri ct, Hos��ital District, etc. (205.017, page 3} � ' , � � c. The law would change the p resent requirement for 10 signatures on a N��mination Petition to five signatures. It calls for the use of an affidavit of candidacy form that is substantially the same form as requi red of candidates for state offi ces. (205.13, page 4) d. School Distri ct, Hospi tal Distri ct, the County are to supply ball ots to the Ci ty Cl erks , and the Ci ty Clerks are to return the bal l ots. This would put more of a load on the municip al officials. We have four school districts as an example. (205.2311, Subd. 3, Page 8; 205.30, Subd. 3, page 12) e. The Secretary of State would promulgate rules, regulations, standards, guidelines and aid in designatin.g precinct and district boundaries. The precinct boundaries would have to tie in with the school district boundaries. (205.271, page 11) f. Cit,y and the School Districts are to work together on precinct ' boundaries. We have no��r six precincts «ith two different school districts in them. That is, six of the nine precincts have more than ane school district; in the precinct. (204A,06, page 19) � J � ' g. The law would provide that the state would reimburse the cities for $1 for each person voting at an election to help cover the extra cost of the new procedures that would be necessary. However, in 1973 the State adopted a law eyhereby i;hey �.�ere to reimbur°se the City for the extra expense of registering voters on election day. This law was later changed and the City now gets nothing for the extra cost of registering people on election day. (204A.245, pages 20 & 21) h. It would be necessary to change the expiration of terms of office for ' Park, Soi 1 and tJater Canservati on Dis tri cts , School Di stri cts and Ci ty Hoirie Rule Charters , Counci 1 n�embers , so that they woul d coi nci de wi th the requirements of this proposed la�v. (40.05, page 29) , i. The� law would require that the terms of office of school b�ard members Co�mci 1 members , County Audi tor, Sheri ff and iiospi tal board members ' � PROPOSED LAI� RELATING TO CITY, COUNTY, STATE AND NATIONAL ELECTIO�S PAGE 3 be changed so tf�at they would coincide with the odd numbered year requirement. The law would provide that there would be no electi on hel d from August 1, 1978 unti 1 October 9, i979 and any term �xpiring in 1978 will be extended until January, 1980. The local unit of government is required to pass an ordinance or resolution extending the te rm of office. Tne rzsolution or ordinance �•rould have to be passed or adopted by October 1, 1978. (123.33, Page 36; 382.01, page 44; 398.04, Page 47) j. Because of the increase in the number of precincts which would be required, from nine to fifteen, the re would be increased expense to the Ci ty both for per�sonne 1 and for equi pmen �. The equi pment could not be utilized as efficiently. if it were scattered among additional precincts. For example: The equipment may be under utilized at one precinct during a particular time of day and there could be a shortage of equipmen t at another precinct. MCB :sh 1?_ B � RESOLUTION NU. A RESOLUTION Et�DORSING FINANCING PLAN FOR 911 EMERGENCY TELEPHONE SYSTEM WHE:REAS, the 911 emergency telephone system has been under study in the State of' Minnesota for several years; and WHE:REAS, planning of a 911 emergency telephone system for the entire seven-cc�unty metropolitan area has recently been completed; and WHE:REAS, a Metropolitan Inter-county Ad Hoc Committee on 911 financing has prepared a proposal for the financing of 911 telephone systems on a state- wide basis; and WHEREAS, 1egislation mandating the adoption of 911 on a state-wide basis has been introduced into the last two sessions of the Minnesota Legislature and is anticipated to again be under consideration in the 1977 session of the Minnesot.a Legislature; and WHEREAS, it is anticipated that capital costs of the 911 system will be financed with federal and/or state grants; � NOW', THEREFORE, BE IT RESOLVED that the City G�uncil of the City of Fridley endorses the recommend�tions in the "Statement of Policy: 911 Telephone System Financing" which encourages the Minnesota Legislature to look on the telephone company gross earnings tax as a sourc� of revenue for the recurring costs of a state-wide basic 911 emergency telephone system. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the legis7ative representatives of the City of Fr�dley and to the 911 Coordinator of the Metropolitan Council. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 197T ATTEST: t�fi 11 i am J. Nee , Mayor Marvin C. 6runsell, City Clerk DAY QF 13 � CITY OF FRIDLEY M E M 0 R A N D U M T0: NASIM P9. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARIIIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: COM6INING OF FUND 120 WITH THF REVOLVING FUND DATE: MARCH 17, 1977 In 1976, the City did some storm sewer work on tax forfeit lots in the Marian Hills Addition. The work was for the.purpose of making the lots more salable at the next tax forfeit sale. The cost of this work has been assessed aga;nst the prcperty. The assessments �vill be returned to the City when the property is sold. 4Je have not provided financing for the proje�t by temporary bonds, or any other means to this date. Rather th an go through the administrative expense of setting up temporary bonds to finance the pr'oject, and keeping a separate fund for the project, I suggest the assessmen,�ts receivable be held in the Revolving Fund and the Revolving Fund transfer $7,127.58 to the Storm Sewer Project No. 120 Fund. This action woul��i be mucn simpler than selling temporary bonds and the admistration cost would be less. The attached resolution would accomplish this purpose. MCB :sh 14 ► RESOLUTION N0. 1977 A RESOLUTION AUTFIORIZING COt��INING STORM SEWER PROJECT N0. 120 WITH REVOLVING FUND W'NEREAS, Certain work has b�en done to improve tax forfeit properties in the Marian Hills area, and WHEREAS, This work has been assessed against the benefited property, and WNEREAS, The funds �xpended wi11 be returned to the C�ty when the properties are sold, and WHEREAS, The project is a relatively small project, therefore, it is impratical to keep a permanent bond fund and to prepare and sell bonds for the project, NOw, THEREFORE, BE IT RESOLVED, That the Finance Uirector is hereby authori zed to combi ne Stor�n Sewer Proje�t Pdo. 120 wi th the Revolving Fun�, and to transfer $7,127.58 from the Revolving Fund to Project No. 120, and ta transfer the assessments receivable from Project Na. 120 to the Revolving Fund. PASSED AND ADOPTEU BY TKE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' DAY OF , 1977 MAYOR - WILLIAM J. NEE ATTFST: CITY CLERK - MARUIN C. BRUNSELL 14 A � I'�1 � R�SOLUTION N0. F RESOI.UTION ORDERING IMPRUI/EhiENT �ND I�INAL PLANS ANn SPECTFI- CA1'IONS AND ESTIb1ATrS OF COSTS THFR�OF: SANITARY SEtiVER, WATER AND STORM SEWLR IMPROVEMENT PROJECT #121 WHEREAS, Resolution No.14-1977 adopted on the 7th day of February, 1977 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereto £or reference as Exhibit "A", and '� R'HEREAS, all of the property owners whose property is liable to be assessed wi.th the making o£ these improvements (as noted in said Notice) were given ten (10) days notice by mail and published notice of the Council Hearinb through � two (2) �oeekly publications of the required notice, and the hearing was held and the propea�ty owners heard thereon at the hearing as noted in the said notice. � N01V, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, hfinnesota as follows: � 1. That the following improvements proposed by Council Resolution \o. 13-1977 ar.e hereby ordered to be effected a�ld completed as soon as reasonably possi.ble,to ���it. � ' _. ' � , � � Watermains, sanitary sewer, laterals and service connections, and storm sewer and. appurtenanced located as follows: 1) t.r.opassd Deleier Additinn 2) b9arxen Terrace 3) Lot 31, Auditor's Subdivision #129 4) Lots 4�, 5, Audi.tor's Subdivision �108 2. That i,�ork to be performed under this project may be perfarmed under one or,more contracts as may be deemed ad��isable upon receipt of bids. 3. Tli�t the �?ublic 1Vorks Director, Ric;iard N. Sobiecli is hereb}� designated as the Enginc:er for thi.s ir.�provem�nt. He shall preparc final plans and speci fications for i:]ic. mal:ing of such impr�vement. ADOP7'L'-U BY TI]r CITY COUNCIL OP TIIE CITI' OF I�RIDI.rY TIIIS DAY Or , 1977. � � AT'I'FST: � , 0 cri��� cia.�:l� - D1Af:vini c. i3rzu�vsi.t.t, A1�YOR -� ��ILLL1�t J. �IiE 1S a RESOLU7ION N0. A RESOLUTION TO ADVERTISE FOR BIDS FOR SAPdITARY SE4JER UACUUM PUMP BE IT RESOLVED by the Co�m cil of the City of Fridley, as follows: 1. That it is in the interest of the City to award bid contracts for the follotiving items or materials. SANITARY SEWER VACUUP�1 PUMP 2. A copy of the specifications for the above described items and materials, together t-�ith a proposal for the method af purchase and the payment thereof have been 'presented to the Council b;� the �ity ManaSer and the same are hereby approved and adopted as the p7ans and specifications, and the method of acquisition and pay- ment to be required by the City with respect to the acqulsition of said items and materials. 3. The purchase of said items and materials as described above shall be effectPd by sealed bids to be received and opened by the City of Frid7ey on the 4th day of A pril, 1g77, The City Man�ger is d7rected and authorized to advertise for the purchase of said items and materials by sealed bid proposa7s under notice as provided by la4�d and the Cnarter of the �ity of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part o� by reference. Said notice shall be published at least twice in the official newspaper of the City of Frid7ey. PASSED ANQ ADO�TED BY THE CITY COUNGIL OF THE CITY OF FRIDLEY THIS DAY OF 1977 ILLI M J. NEE - YOR ATTEST:� M�RVIN £. BRUNSELI - CITY CLERK l6 � CITY OF FRIDLEY BID NOTICE for SANITARY SEWER VACWh1 PUMP EXHIBIT "A" The City Council of the City of Fridley, Minnesota will acc�pt sealed bids on Sanitary Sewer Vacuum Pump on the 4th day of April, 1977 until 11:30 A.M. on said date at the Frid7ey City Hal7, 6431 Uriversity Avenue Northeast, Fridley, Minnesota 55432 (telephone: 571-3450). All bids must meet the minimum requirements of the specifications. Fai7ure to comply with this section can resu]t in disqualification of the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond and' made payable without conditions to the City of Fridley, Minnesota, in an amount of not less than five percent (5%) of the bid, which check, cash or bend shall be forfeited if bidder neglects or refuses to enter intn �ontract, after his bid has been accepted. The City reserves the right to accept the bid which is detern�ined to be in the best interests of the City. The City reserves the right to reject any and all bids and waive any informalities or techn�icalities in any bid received without explanation. The City Council also reserves the right to consider such factors as time of � delivery or performance, experience, responsibility of the bidder, past performance of similar typ�s of items ar� materials, availa�ility of products and other similar factors that it may determine to be in the best int�rest of the City. Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from his office. All bids must be submitted in sealed envelopes and plainl� marked on the outside with SANITARY SEWER VACUUM PUMP. Publish: FridTey Sun March 24, 1977 March 31, 1977 Nasim Qureshi City Manager l6 � I.ICEA'SES TO fiF. AP�ROVL•D BY TFIf CI'('Y COl)1vCIL AT TIlliIR REGUI.AR l�ff;I�TING ON h1ARCF1 21, 1977. l7 T e of I.icense: �: Approved By: Fe�. Beer Off Sale Georges In Fridley Anthony G. Nicklow James P. Hill $35.00 3720 East River Road Public Safety Director Fridley, bin. 55432 Jim's Country Boy James E. Mears James P. Hill �35.00 1301 t�lississippi Public Safety Director Fridley, h1n. 55432 Seven-Eleven �ood Stores James S. Elsberry James P. Hi12 �35.00 1315 Rice Creek Road PubJ.ic Safety Director Fridley, hin. 55432 Seven-Eleven Food Stores James S. E3sberry James P. Hill $35.00 6550 East River Road Public Safety Director Fridley, b9n. 55432 Swings Spurette John L. Swingdorf James P. Hill � $35.00 6485 East River Road Public Safety Birector Fridley, h1n. 55432 ti9estern Station C.B, Lindbexg James P. Hill $35.00 7600 Universi�y Avenue N.E. Public Safety Director Frzdley, Aln. 55432 Beer On Sale Bobby G's 240 biississippi Fridley, t�9n< 55432 Fireside Rice Bowl Inc. 1160 Fireside Dr. NeE. Fridley, I�1n. 55432 Cigarette ,�merican Legion $ost 303 7365 Central Ave.' N.E. Fridley, A1n. 55432 American Legion Post 303 7365 Central Ave. N.E. Fridley, biTl. 55432 Beyers Tetzco 6071 Uni��ersity Ave. N.L. Fricilc�y, 6in. 55432 Bobby G's 240 �lississippi Fridley, I�tn. 55432 Robert R�. Gorrell Glenn F. iVong A-Bear ��ending H.R. Iianson A-Bear Vending H.R. Hanson Dtilton Beyer Robert M. Gorrcll James P. Hill Public Safety Director James P. Hill Public 5afety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Put�lic Safety Director James P. Hill PuUlic Safety Director $200.00 $200.00 �12,00 $12.00 $12.00 �12.00 '��.,� L.APPFtOVF:D BY TFfE CITY COUNCII, AT 1'([fiIR REGUL/lfi �1�ET'ING OfV h1ARCf( 21, 1977. Type of Licenso �: llpproved� By: 17 A Cigarette Burger King 6310 Universit}� Ave. N.E. Fridley, Mn. 55�432 Chanticlear Pizza 6304 Highway 6S N.E. Fridley, h1n. 55432 Embers Central 5400 Central Ave. N.E. Fridleys Mn. 55432 Fireside Rice Bowl 1160 Fireside Dr. N.E. Fridleyy Mn. 55432 Ground Round 5277 Central Avee N.F.o Fridleyy N1n. 55432 Holiday Service Station 5807 University Ave. N.E. Fridley9 Mn. 55432 Zantigo 5905 University Ave. N.E. Fridley, Mn. 55432 LaMaur 5601 E. River Road Fridley, hlne 55432 blenard-Cashway Lumber 5351 Central Ave. N.E. Fridley, bin. 55432 Mr. Steak 5895 University Ave. N.E. Fridley, 69r�. 55432 One Hundred Twin Drive In. 5600 Central Ave. N.E. Fridley, bin. 55432 Phillips,G6 6500 University Ave. N.E. Fridley, I�1n. 55432 Riversidc Car {Vash 6520 East Piver Road Fridlcy, �1n. 55432 Sandee's Inc. 6490 Central Ave. N.E. Fridley, 61n. 55432 A. Armbruster R. A. Kempe Carl A. Birnberg Glenn F. h]ong Helen Dahlin Jean B. Robertson Theo E. Smith D.H. Buckman Viking Pioneer Inc. John R. �lenard Jr. .James P. Hill Public Safety Directox James P. Elill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director 3ames P. Hill Public Safety Director James P. Hill Public Safety Director James P� IiiI1 Public Safety Director James P. Hill Publ.ic Safety Director James P. Hill Public Safety Director R. W. Schacischneider James P. Hill Public Safety Director F. Amigone D.H. Buckman Robert H. Scl�leeter {Vm. F. iYeiss -2- James P. Hill Public Safety Director James P. Flill Public Safety Director James P. Hill Public Safety Director James P. llill Public Safety pirector $12.0 $12.0 $12.0 $12.0� �12.0( $12.00 $12. 00 $12,OQ $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 LICENSCS TO BL� 11PPROVF.:p i3Y 1'f1E CI'I'Y CUUNCIL AT 1'lIL•IR REGUt.ntz nt�ri'CING ON h111RCH 21, 1977. �pe of License: �: Approved By: l� � Cigarette Shars Snack ,Sharlene L. Clochie James P. Hill $12. 5207 Central Ave. N.E. Public Safety Director Fridley, Mn. 55432 Shorewood Inn William A. Nicklow James P. Hill $36. 6161 Highway 65 N.E. Public Safety Director Fridley, Mn. 55432 Snyders Drug Store Richard D. Uphoff James P. Hill $12. 6582 University Ave. N.E. Publi_c Safety Director Fridley, Mn. 55432 Town Crier Pancake House Craig J< Vargo James P. Hill �12. 7730 University Ave. N.E. Public Safety Director Fridleys Mn. 55432 V.F.W. Pos� 363 Lester G. Orton James P. Hill �24. 1040 Osborne Road Public Safety Director Fridley, Mn. 55432 Food Establishment Amer�can Legion Post 303 7365 Ce��tral Ave. N.E. Fridley, D4n. 55432 Bobby G's 240 I�lississippi Fridley, Mn. 55432 Burger King #231 6310 Universa.ty Ave. N.Eo Fridley, D4n. 55432 Central Frostop Drive In 7699 Highway 65 N.E. Fridley, Mn. 55432 Chanticlear Pizza 6304 Highway 65 Ii' . E. Fridley, b9n. 55432 Columbia lce Arena 7011 University Ave. N.E. Fridley, Mn. 55432 Country Kitchen 280 57th Plac� N.E. Fridley, Mn. 55432 Dairy Qucen 280 rtississippi St. N.E. Fridley, h1n. 55432 �Villiam E. Kinkel � Roberfi I�e Gorrell A. Armbruster Sherman Hanson R. A. Kempe George R. Leverentz R. John tiVallenbecker Ernest L. Fitch Steve Olson Health Inspector �teve Olson I.-iealth Inspector Steve Olson Heal.th Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector $25. $25. $25. $25. $25. $25. $25. $25. _ _�_ Type of License: ------------- Fooc3 �stahlishment Ember•s Central 5400 Central Ave. N.E. Fridley, Pdn. 55432 Fireside Rice Bowl 1160 Fireside Dr. N.E. Fridley, Mn. 55432 Ground Round 5277 Central Ave. N.E. Fridley, Mn. 55�t32 Holiday Service Station 5807 Univer�ity Ave. N.E. Fridley, Mn. 55432 Little D's Pizza 248 Mississippi St. 1�.E. Fridley, Mne 55432 McDonalds of Fridley 5831 University Ave. N.E. Fridley, Mn. 55432 Menaxd-Cashway Lumber 5351 Central Ave. N.E. Fridley, Mn. 55432 Mr. Steak 5895 University Av�e N.E. Fridley, D4na 55432 One Hundred Twin Drive In 5600 C�ntral Ave. N.E. Fridley, bin. 55432 Oriental House R+estaurant 5865 University Ave. N.E. Fridley, b1n. 55432 Perkins Cake � Steak 7520 University Ave. N.E. Fridley, Afn, 55432 Phoenix Choiv I�tein 242 Atississippi St. N.E. Fridley, Ain. 55432 Ron's Ice 740G Central �1ve. N.E. Fridley, I�in. 55432 Sandec's Inc. 64�0 Central Ave.' N.E. Fridley, Tiri. 55432 �� Carl A. Birnberg Glenn F. l�ong Howard B. Johnson Jean B. Robertson Michael Eggleston Fred Turner John R e A4enard Jr NG ON M�RCiI 21, 1977. A�proved By: F Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector R.jdo 5chachtschneider Steve Olson Health Inspector F. ,4migone Irene L.Y. Song Ed Suttle Tsui Chau 1Yan 1Vong R. L. flolum Wm. F, N'ciss -4� Steve Olson Health Inspector Steve Olson Health Tnspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve 01 so7z.� Health Inspector 17 C $25.OG � $25.00 � $25.00 � $25.00 � $25.00 � $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 LICENSI:S 'CO Bi; /1PPRUV�n BY 'I'IIE CI'CY COUNCII, AT THEIIZ RfiGULAR MEETING ON htAltCti 21, 1977. Type of License: �: Approved B!y: 17 j� Food Establishment Shars Snack Sharlene L. Clochie Steve Olson $25.00 5207 Central Ave. N.E. Health Inspector Fridley, �4n. 55432 Shorewood Inn William A. Nicklow Steve Olson $25.00 6161 Highway 65 I�.E. Health Inspector Fridley, Mn. 55432 Snyders Drug Store Richard D. Uphaff SL-eve Olson $25.00 6582 University Ave. N.E. Health Inspector Fridley, D4n. 55432 Town Cri.er Pancake House Craig J. Vargo Steve Olson $25.00 7730 University Ave. N.Eo Heal.�h Inspector Fridley, r1n. 55432 V.F.W. Post 363 Lester G. Orton S�eve Olson $25.00 1040 Osborne Road Health Inspector Fridley, Mn. 55432 Zantigo Theo E. Smith Steve Olson $25.00 5905 University Ave. N.E. Health �nspector Fridley, Ntn. 55432 Food Vehicle Ron's Ice R. Le Holum �teve Olson �$60.00 7406 Centrai Ave. N.E. Health Inspectox Fridley9 Mn. 55432 Liquor Dispensing - Employee Marilyn N. Bender 3642 92nd Ave. N.E. New Brighton, Mn. 551I2 Bruce A. Bergstrom 1800 Park Ave. So., Apt. 402 i�tpls. , h1n. 55404 Linda K. Bourdow 5820 E. River Roatl, Apt. 206 Fridley, b4n. 55432 Linda Di.aTie Crouch 6523 E. River Road Fridley, Dtn. 55432 Ardith A. Coliannl . 6540 E. River fioa�l Fridlcy, Pin. 55432 George Is In Fridley George Is In Fridley George Is In Fridley George Is In Fridley George Is In Fridley S James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Puhlic Safety Director James P. Hill Public Safety Director $ 5.00 $ 5.00 $ 5.00 $ 5. 00 $ 5.00 I.ICF:NSES TO BE_A;PE'ROVI:U L�Y 'I'llfi C1't'1' CQUNCIL A'I' TfiEIR REGULI1ft ML'ETINC ON MARCtI 21, 1977. Type of I,iccnse: �: Approved Qy: �,] C Liquor Dispensin�Employee Roberta Auberger 4705 Xenia Avenue hfinneapolis, Mn. 55429 Clemens 0. Furst 3519 Thomas Ave. N. Minneapolis, Mn. 55412 Idella M. Hill 1121 79th Ave. N.E., Apt. 1 Spring Lake Park, bin. 55432 Diane M. Hoggatt 3435 Vincent Noe Minneapo2is, Mn. 55412 Dale E. Jessick 7443 Baker Ave. N.E. Fridley, Mn. 55432 Deborah A. Lhorka 7064 Sunset Circle Pines, Mn. 55014 Anthony Nicklow ' 2801. Silver Lake Rd. Ne�. Minneapolis, Mn. 55418 George Nicklow 4644 Aldrich Soe Minneapc�lis, Mn. 55409 Linda Irene Rober�.s 11554 Xavis Circle Minneapolis, h1n. 55433, Janice M. Simi 4255 Main 5t. N.E; Columbia Heights, Mn. 55421 Michael John Thunborg 1100 102nd Ave. N.E. Blaine, bin. 55434 Patricia A. Becker 1220 432 Ave. N.E. Columbia Heights, A1n. 55421 Nancy D. Butcher 6SS0 Brookvie►v Dr. bfinneapolis, r1n. 55432 Grace h1. Erickson G71G Channcl Rd. Fridley, btn. 55432 George Is In Fridley George Is In Fridley George Is In Fxidley George Is In Fridley George Is In Fridley George Is In Fridley Geor�e Is Tn Fridley George Is In Fridley George Is In Fridley George Is In Fridley George Is In Fridley Maple Lanes Alaple Lanes Maple Lanes _�,_ James P. Hill Public Safety Director James P. Hill Public Safety Director James Pe Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P . t3i 11 Public Safety Director James P. Hill Public Safety Director James P, Hill Public Safety Director James P. Hill Public SafEty Director James P. Hill Pub2ic Safety Director James P. Hill Public S�fety Dixector James P. tli 11 Public Safety Director 3ames P. ri�i1 YuUlic Safety Director $ 5.00 $ 5.00 $ S . 00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ S.OQ $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 LICENSES TO BE A►ppROVED BY THE CITY COUNCIL AT THCIR RiiGULA12 h1L'E'fING ON hiARC![ 21, 1977. Type of I,icense; �; Approved �Y: 17 F Li uor Dispensing - Employee Randall H. Gottwaldt Maple L,anes James P. Hill $ 5.00 6424 h9arlin Drive Public Safety Director Minneapolis, Mn. 55429 Robert B. Gottwaldt Maple Lanes James P. Hi21 $ 5.00 2742 Lincoln St. Public Safety Director Minneapolis, Mn. 55418 Debbra I�. Hermanson Maple Lanes Ja.mes P. Hill $ 5.00 Route #1, Lot #119 Public Safety Director Bethel, Mn. 55Q05 ltobert E< Kohanek Maple Lanes James P. Hi.11 $ 5.00 3319 Central Ave. N.E. Publ.ic Safety Director Minneapoliss Mn. 55418 Patricia L. Moonen Maple Lanes James P. Hill $ 5.00 G417 Highway 65 N.E.9 Apt. 108 Public Safety Director Fridley, Mn. 55432 Diane M. Ogdahl Maple Lanes James P, Hill $ 5.00 10190 Wintergree� St. Public Sa.fety Director Coon Rapids9 Mna 55433 Edward J. Savelkoul Maple Lanes James P. Hill $ 5.00 2670 Scotland Court, Apt. 107 Public Safety Director New Brighton9 Mn. 55112 Terri E. SaveZkoul Maple Lanes James P. Hill $ 5.00 2670 Scotland Ct., Apt. 107 Public Safety llirector New Brighton, Mn. 55112 Susan A. 5imon 7839 University Ave. N.E., Apt. 2OS ' Spring Lake Park, Mn. 55432 Kelly A. Thiel ' 632 Taylor St. N;E. Tlinneapol.is, A1n. 55413 Edward P. Zabaiva 2639 Grand St. N.E. blinneapolis, Mn. 55418 Florence h:. Andexson 1425 DuPont, Apt. 4 Minneapolis, bin.-55411 Bette Jo Clark 10136 Dog�,rood St: N.iV. Coon Rapicis, A9n. 55433 Gloria J. Doese 1410 111th N.N. , '/�pt. 104 Coon Rapids, Mn.,55433 Map�e Lanes Maple Lanes Maple Lanes Sandee's Inc. Sandee's Inc. Sandee's Inc. 7 James P. Hill Public Sa�ety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill PuUlic Safety Director $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 Ty_�e of. License: �: Lic�uor Dispensing - F.mployee Kathleen A. Lanigan Sandee's Inc. 6511 llwnboldt Ave. N., Apt. 302 Brooklyn Center,`Mn. 55430 Alyce F. Lemacks Sandee's Inc. 2125 Buckingham Lane St. Paul, Mn. 55112 Linda K. PatzoZdt Sandee's Inc. 17154 Jefferson N.E. Anoka, Mn. 55303 Kerry Me Price Sandee's Inc. 2079 Upper St. Dennis Rde St. Paul, Mn. 55116 Steven E. Williams Sandee's Inc. 796 Lakeview Ave. St. Pauly Mn. 5511� Alice M. Aho Shorewood Inn 11311 Jonquil St. Coon Rapids9 Mn> 55433 Cath�r�,ie Ee Anderson Shorewood Inn 7137 I�9organ Ave. No. Minneapolis, Mn. 55430 3uliann E. Baker Shorewood Inn 1514 blonroe N.E. ' Minneapolis, Mn. 55413' Jeri h1. Betland Shorewood Inn 7149 blorgan Ave.: No. Minneapolis9 Mn.'S5430 Judith I�9. Bock Shorewood Inn 7760 Greenwood Dr. Minneapolis, Mn.,55432 Janelle K. Brock Shorewood In.n 1086 27th Ave. N.E. New Brighton, bin, 55112 Joanne bi. Busche� Shorewood Inn 2G57 }iig}naay 10, Apt. 202 bloundsvie�a, bin. 55432 Cindy S. Carpenter Shorewood Inn 1417 lUth St. N.E., Apt. 307 New Brighton, Ttn'. 55112 • Joyce H. Carrigan Shorewood Inn 8102 Fairrnont Ciscle Fridley, hin. S54'32 Approved By: � James P. E�ill PuUlic Safety Director James P. Hill Public Safety Director James P. Hill Publi.c Safety Dixector James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hall Publ.ic Safety Director James Pe Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. }�ill Public Safety Director James P. Hill Public Safety Director 17 G $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.Q0 $ 5. 00 $ 5.00 $ 5. 00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 -8- � _� LICENS�S 'I'0 BE API�!ROVED BY TIll: CI'I'Y CO[3i�CIL AT '17(FIEt REGUI,Aft MEiE'fING ON M/1RCft 2.1, 1977. � � — - -- Type of Li.cense: By: APproved �� l7 N 1 Liquor Di�ensing ,- Employee Rosina E. Chaffee Shorewood Inn James P. Hill $ 5.00 � 2501 Lowry Ave. N.E. Public Safety Director hfinneapolis, 61n. 5,5418 D1ary Eileen Christensen Shorewood Inn James P. Hill $ 5.00 ' 257 - 99th Ave. N.E., Apt. 306 Public Safety Dzrector Blaine, Mn. 55434 �� Connie N< Clark Shorewood Inn James F, fti12 $ 5.00 507 70th Ave., Ap�, 104 Fublic Safety Director Brooklyn Centery N�n. 55430 , I�iartha L. Conger , Shorewood Inn James P. Hill $ 5.00 752 Brisbin Public Safety Director , Anoka, Mn. 55303 Jeannie L. Cox Shorewood Inn James Pe Hill $ 5.00 7879 University Ave. Public Safety Director ' Spring Lake Park, hin. 55432 Connie L. Dahle Shorewood Inn James P. Hill $ 5.00 ' 1110 80th Ave. N.E. Public Safety Director Minneapolis, b4n. 55432 JoAnn hi. Dale Shorewood Inn James P. Hill. $ 5.00 ' 3015 165 Lane N.E. Public Safety Director Anoka, Mn. 55303 1 Carol A. De11� Shorewood Inn 3ames P. Hill $ 5.00 888 66th Ave. N. Fublic Saiety Director riinneapolis, hln. 55430 � � bfary L. Emberland Shorewood Inn James P. Hill $ 5.�00 9989 bfonticello Lane Public Safety Director ' Dlaple Grove, b9n. 55369 ' Gloria J. Eure Shorewood Inn James P. Hill $ 5.00 6650 67th Ave. R., Apt. 103 Public Safety Director � Brooklyn Park, hin'. 55428 George I Flavion Shorewood Inn James P. Hill $ 5.00 ' 6809 76th, Apt, I04 Public Safety Director Brooklyn Park, Din. 55428 ' Joanne A. Frie Shorewood Inn James P. Hill $ 5.00 5723 Qui.ncy Public Safety Director Afoundsview, Dtn. 55112 ' C}121Si1111 Dt. Gazd;a Shorewood Inn James P. Hill $ 5.00 2290 1�'alnut Ave. , Public Safety Director New Brighton, Atn.,55112 ' Irene R. Gustafso� Shorewood Inn James P. Hill $ 5.00 1151J ��'ashiTigton St. Public Safety Director ' ' Blaine, rin. 55434 -9- • � LICEI�SES TO BE AP�'ROVED E3Y `fHE CI7'Y COUNCIL A"I' TI1L'IR RC�ULAR MECTING ON h1�RCH 21,T1977. � T e o� License: rp s�: Appro„�a �,y : �.7 I � Liquor Dispensing - Employee Ann F. Hankel Shorewood Inn James P. Hill $ 5.00 ' 1248 Highview Dr. PuUlic Safety Uirector New Brighton, b1n. 55112 � Andrea D. Hawkins Shore�aood Inn James P. Hill $ 5.00 6571 Channel Rd., Apt. 105 Public Safety Director Fridley, Mn. 554322 . � Beth A. Hendricks Shorewood Inn James P. Hill $ 5.00 6700 Humboldt N. Public Safety Director Minneapolis, Mn. 55430 1 Pamela A. Hoch Shorewoad Inn James P. Hill $ 5.00 8941 Terrace Rd. Publi_c Safety Director , Blaine, hin. 55434 Bruce E. Johnson Shorewood Inn James P. Hill $ 5.00 � 7779 University Ave. N.E.9 Apto 104 Public Safety Director Spring Lake Park, htn. 55432 Kathleen A. Larson Shorewood Inn James Po Hill $ 5.00 ' 7414 Oakley N.E. Public Safety Director Fridley, Mn. 55432 � Cynthia A4. Mabel Shorewood Inn James P. HiYl $ 5.00 1214 Norton Ave. N.E. Pubiic Safety Director Fridley, b1n. 55432 � Muriel ,T< Micklin Shorewood Inn James P. Hill $ 5.00 5650 Polk St. N.E., Apt'. 3 Public Safety Director Fridley9 b1n. 55432 � Wendy J. Muyres Shorewood Inn James Po Hill $ 5. 00 1381 75th Ave. N.E. Public Safety Director � Fridley, Mn. 55432 ' Carol M. Nienkerk Shorewood Inn James P. Hi11 $ 5.00 � 1270 Gibbs Ave. Public Safety Director St. Paul, Mn. 55108 ' Judith A. Olson Shorewood Inn James P. Hill $ 5.00 7300 Cartisian No. Public Safety Director Brooklyn Park, Mn. 55428 ' Jane V. 0'Neil Shorewood Inn James P. Hill $ 5.00 4556 Tyler St. N.E., Apt. 7 Public Safety Director Columbia Heights, Mn. 55421 , Sharon hf. Pedersen Shorewood Inn James P. Hill $ 5.00 4495 Hoagson Rd., • Public Safety Director St. PaL�l, Dfn. 55112. • � Naiic K. Rancour ! Y Shorc�vood Inn Jamcs P. Fii 11 $ S. 00 16127 Nastings Sx. N.E. Public Safety Director rAnoka, Mn. 553Q3' -10- LICE;i�SES 't'0 BE A�'PROVEp I3Y •r�lr CITY COU�vCI[. AT 'I'IIf:IR RI�GULAR hiEETI(v'G ON ht/lRCtf 21, 1S)77. �pe of License:' �: Approved �y: 17 J Liquor Dispensin� - Employce Ginger A. Rosenow Shorewood Inn 1004 �ti', Co. Rd. p, Apt. 234 New Brighton, Mn. 55112 Edith A. Schilz ShoreUrood Inn 6620 Lucia Lane Fridley, hln. 554�2 Dianne h9. Schueller Shorewood Inn 8521 Tyler St. N.E. Fridley, bin. 55434 Cynthia B. Svejda Shorewood Inn 6230 Rice Creek Dr. Fridley, hln. 55432 tiVanda L. . {Vagner Shorewood Inn 3413 Edwards St. hlinneapolis, Mn. 55418 Livestock George Olson 612 Lafayette Fridley, l�tn. 5543� (Rabbits) Refuse Hauler Hilger Transfer Dave Klatke, Jr. 8550 Zachary Lane I�laple Grove,. Mn. 55369 �fetro Refuse ' ', Joanne Me Butler 9537 3rd Ave. So. �iinneapolis, bin. 55420 {►'alters Disposal John H. Walter 2930 101st Ave. Dfinneapolis, h4n. 55434 ti�'oodlake Sanitary Service Inc. dba All State Disposal Larry A. I-loy 4000 Fiamel Road Hamel, rin. 55340 Service Station ' Beyers Texaco 1�9ilton Beyer 6071 University Av�.��N.E, Fridley, Din. 55432. _tt- James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Steve Olson Health Inspector Darrel Clark Building Inspector Steve 01son Health InspecLor Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Robert Aldrich Fire Inspector Darrcl Clark Buildi�ig Inspector $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ S. 00 $ 5.00 $30.00 $30.00 $45.00 $60.00 $60.00 LICF.NSI:S 'I'0 I3E Ai�PROVCD E3Y TFIF CI'TY CUUNC:I1, A'1 'i7lFTR REGUI,/1R P1F.E"I'ING ON MARCF( 21, 1977. Ty�e of License: '' �: Approvea �x: 17 K Service Station Holiday Service Station Jea.n B. Robexfison Robert Aldrich $60.00 5807 University Alve. N.E. Fire Inspector Fridley, Mn. 5543�2 Darrel Clark Riverside Car {Vash 6520 E. River Raad Firdleys Mn. 554�2 Steiger � Gertzen Garage 6519 Central Ave. N.E. Fridleys Mn. 55432 Tavern Bobby G's 240 Mississippi S�. N.E. Fridley, Mn. 55432 Used Car Lot Smitts blotor Company 5649 University Ave. N.E. Fridley9 Mno 55432 Viking Chevrolet Inc. 7501 Highw:�y 65 N. E o Fridley, Mne 55432 Robert H. Schleeter E. W. Gertzen Rober� E. Gorrell Wallace G. Schmedeke Mark Dooley {Vin Stephe�is Datsun No., Inc. Roland D. Benjamin 7810 University Ave. N.E. Fridley, bin. 55432 ' Vending Machine Anderson Trucking Co. 7G00 Central Ave. N.E. Fridley, hin. 55432 Asstirance Dlanufactui•ing 7753 Beech St. Fridley, 1�1n. 5543� Beyers Texaco � 6071 University Ave. N.E. Fridley, h1n. 5543Z Gerald Ziebarth Lance Inc. Jeff Gcodman Milton Beyer -12- Building Inspector Robert Aldrich Fire Inspector Darrel Clark Building Inspector Robert Aldrich Fire Inspector Darrel Clark Building Inspector James PD Hill Public Safety Director James P. Hill Public Safety Director Darrel_ Clar� Buil.ding Inspector James P. Hill Public Safety Director Dar.rel Clark Building Inspector James P. Hill Public Safety Director Darrel Clark Building Insp�ctor Steve Olson Health Inspector Steve Olson Health Inspector Stevc Olson Ftealth Inspector $60.00 $60.00 $12.00 $100.00 $i00.00 $I00.00 $30.00 $15.00 $15.00 I, LICCNSFS 'i'0 BE APP!ROVED BY TH1: CI'CY COUNCIL AT THI:IR REGUIJIR MCETING ON M/1RCH 21, 1977. i Ty�e of I.icense: �: Approved By: 17 L Vending r9achine , City of Fridley Dan Huff Naturalist Dept. 5815 Arthur St. Fridley, Mn. 55432 Determan Welding F, Tank Serv. James Determan 1241 72nd Ave. N.E. Fridley, Mn. 55432 Fridley Convalescen'� Home Thomas E. Thompson 7590 Lyric Lane Sir Vend Inc, Fridley, Mn. 55432 Fullerton hSetals Co. Magic Maid Vending 5170 Main St. N.E. Frank Gill Fridley, Mn. 55432 Holiday Service Station Jean B. Robertson 5807 University Ave. N.E. Fridley, Mne 55432' Industrial Spray Painting Co. A. Toews 200 Iror.ton St. N.E. Fridley, bin. 55432 Lahiaur Viking Pioneer Inc. 5601 E. River Road D. H. Buckman Fridley, htn. 55432 Lorilynn Images Lori Stewart 6898 Channel Road Fridley, N1n. 55432 M$ I Auto Supply Clarence Rudquist 6005 University Ave. N.E. Fridley, bin. 55432 ; A9aaco Auto Painting� F� Body Work 148 Osborne Road Lance Inc. Fridley, i�fn. 55432 Jeff Goodman Phillips 66 Viking Pioneer Inc. 6500 University Ave. N.E. D.H. Buckman Fridley, bSn. 55432 Riverside Car {��ash Robert H. Schleeter 6520 East River Road Fridley, Din. 554"s2 Simer Pinnp I,ance Inc. 5960 Dfain St. N.E. ' Jeff Goodman Fridley, D1n. 55432 I Simer Ptnnp Lance Inc. 5960 D1�in St. N.E. ' Jeff Goodman Fridley, �in. 55432 �13_ Steve Olson Health Inspector Steve Olson Hea.lth Inspector Steve Olson Health. In,spector Steve Olson Health Inspector Steve Olson Health Inspectox� S�eve Olson Heal�h Ins�ector Steve Olson Health Inspector Steve Olson Health Ins�ec'�or Steve Ol�on Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Iiealth Inspector Steve Olson Healt}� Inspector Steve Olson Health Inspector exempt $15.00 �15:00 $30. 00 $15.OQ $IS.00 $135.00 $15.00 $15.00 $15.00 $15.00 $15.00 �15.00 $15.00 LICENSES TO BE APPROVEU BY THE CITY COUNCIL A'f T[iETR RCGULAlZ h1EiCTING ON MARCH 21, 1977. T�pe of License: �: Approved By!: I� �11 Vending Machine ' Skywood Cleaners Frank Gill Steve Olson $15.00 5251 Central Ave. N.E. Magic Maid Vending Health Inspector Fridley, Mn. 55432 Standard Oil Lance Inc. Steve Olson $15.00 5311 University Ave. N.E. Je£f Goodman Health Inspector Fridley, Mn. 5543� , Steiger €� Gert•�en Garage Ernest We Gertzen S�eve Olson $15.00 6519 Centiral Ave. N.E. Health Inspector Fridley, Mn. 55432 Sun Newspapers James A. Matter S�teve Olson $15.00 5222 Central Ave. N.�. H�aj.th Inspector Fridley, Mne 5543� V.F.W. Post 363 Lester G. Orton Steve Olson $45.00 1040 Osborne Road Health Inspector Fridley, b9n. 55432 Billiards V.F.W. Post 363 1040 Osborne Road Fridley, Mn. 5543� Beer On-Sal.e Canterbury Pub 6479 Universifiy Awe. N.Ee Fridley9 Mne 55432 Cigarette Canterbury Pub 6479 University Ave. N.E. Fridley, Mn. 55432 Food Establishment Canterbury Pub 6479 University Awe. N.E. Fridley, rSn. 55432 Tavern Ganterbury PuU 6479 University Awe. N.E. Fridlcy, Din. 5543� Lester G..Oxton Allen �erue A21en Berve Allen Berve Allen Berve 14 James P. Hill � Public Safety nirector Ja.mes P. Hi11 Public Safety l�irector James P. Hill Public Safety Director Steve Olson Health Inspector James P. f1i11 Public Safety Director $25.00 $200.00 $12.00 $25.00 $12.00 LICENSES 'CO BE APFROVED BY THE CITY COUNCIL AT T'HEIR REGULt1R ME�TING ON MARCH 21, 1977. ► Typc of License: �: Approved By: 17 ��! Public Drinking Canterbury Pub Allen Berve James P. Hill $300.00 6479 University Ave. N.E. Public Safety Director Fridley, D4n. 55432 0 LICEVSI:S TO �F3E APPRpVED BY TiiE CITY COUNCIL AT THEIR REGULIIR I��TING OF 17 0 MAI.tCH 21, 19'77 (71LL LIC�NSr I'LJ:S $25.00) BLP.CKTOPi'ING APP120VED BY Asphalt Driveway Company 1211 East Highway #36 Darrel Clark St. Paul, Mn. 55109 l�y: Ken Smith Com. Dev. Adm. RENEWAL Minnesota Roadways Co. 4620 West 77th Street Darrel Clark Minneapolis, Mn. 55435 By: John C. Mueller Com. Dev. Adm. RENEWAL EXCAVATING Brighton Excavating 1920 Highway 96 Darrel Clark New Brighton, Mn. 55112 By: George Indykiewicz Com. Dev. Adm. RENE'vVAL G. L. C�ntracting, Inc. 11421 West 47th Street Darrel Clark Minnetonka, Mn. 55343 By: Erling 0. Emerson Com. Dev. Adm. RENEWAL Houser Corporation 55 - 77th Waiy N.E. Darrel Clark Fridley, Mn.' 55432 By: Edgar W. Houser Com. Dev. Adm. RENEWAL United Water & Sew�r Co. 5200 Eden Ci:rcle Darrel Clark Edina, Nui. 55436 By: James L. Spetz Cor.i. Dev. Adm. REN�WAL GAS SERVICES Advanced Heating & Air Cond. Inc. 7805 Beech Street N.E. William Sandin Fridley, Mn. 55432 By: Maynard A. Edson ??3.k��.:.c:Htg.: Iiisp. RENET�7AL Air Comfort Inc. 3944 Louisiana Circle William Sandin Minneapolis, Mn. 55426 By: Donal G. Ruden Plbg. Htg. Insp. RENEWAL Cronstrom's Heating & Air Cond. Inc. 4410 Excelsior Boulevard William Sandin Minneapolis, Mn. 55416 By: L. C. Anderson Plbg. Htg. Insp. RENEWAL Don's Air Cond. Htg. & Refrig. Inc. 4017 Central Avenue N.E. William Sandin Columbia Heights, b'in. 55421 By: Donald L. Dickison Plbg. Htg. Insp. RENEWAL Egan & Sons Co. 7100 Medicine Lake Road William Sandin Minneapolis, Mn. 55427 By: Roy 5traiton Plbg. Htg. Insp. RENEWAL Minnesota G�s Company 733 Marquette Avenue � William Sandin Min neapolist Mri. 55402 By: Donald Brown Plbg. Htg, Insp. RENEWAL Gas Services Cont. Royalton Hea�ting & Cooling Co. 4120 - 85th Avenue North Brooklyn Paxk, Mn. 55443 By: William R. Stewart The Snelling Company 1400 Concordia St. Paul, Mn. 55104 By: Willard Krinkie Standard Heating & Air Cond. Co. 410 West Lake Street Minneapolis, Mn. 55408 By: Tony Ferrara Suburban Air Cond. Co. 8419 Center Drive Minneapolis, Mn. 55432 By: K. W. Chinander Fred Vogt & Company 3260 Gorham Avenue South 5t. Louis Park, Mn. 55426 By: Fred Vogt Whelan Company, Inc. 2921 Lyndale Avenue Sou'rh Minneapolis, Mn. 55408 By: M. J. Whelan GENERAL CONTRACTOR Briar Homes, Inc. 7691 Central Avenue N.E. Fridley, Mn. 55432 By: Richard S. Carlson Brickner Builders, Inc. 6245 Ben Mo�e Drive Fridley, Mn. 55432 By: Thomas E. Brickner Brothers Construction 3531 - 170th Lane N.W. Andover, NLn. 55303 By: Ron Kolby Erco, Incor�orated 3231 Centra� Avenue N.E. Minneapolis, bin. 55418 By: Oliver R. Erickson Erickson Brathers 4567 West 80th Street Minneapolis, Mn. 55437 By: Robert J. Pemberton Darrel A. F�rr Development Corp. 7286 - 72nd Lane North Minneapolis; Mn. 55428 By: James E. London Gorco Const�uction Co. 3384 Brownlpw Avenue St. Louis P�►rk, Mri. 55426, By: Sheldon Coplin Lyell C. Ha�lverson Co. 2311 Wayzat� Boulevard A9inneapolisy Mn. 55405 By: M. E. Krafve l7 P . William Sandin Plbg. Htg. Insp. 12ENEWAL William Sandin Plbg. Htg. Insp. REN�WAL William Sandin Plbg. Htg. Insp. RENEWAL William Sandin Plbg. Htg. Insp. RENEWAL William Sandin Plbg. Htg. Insp. PtENEWAL William Sandin Plbg. Htg. Insp. RENEG7AL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com . Dev . Adm . NE�4 Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. P�NEWAL t��neral Cont�actorS Cont. , D. W. Harstad Co..' Inc. 7101 H:ighway #65 N. E. rridley, Mn. 55432' � D. J. Kranz Company, Inc. 2033 West Broadway Minneapolis,' Mn. 55411 By: Alton R. Johnson By: Lawrence D. E1sen Lloyd's Home Improvements 4911 - 4th Street N.E. Columbia Heights, Mn. 55421 By: Lloyd Graczyk James Lund Construetion, Inc. 2417 - 148th Avenue N.E. Anoka, Mn. 55303 By: James R. Lund Miles Garages, A Division of Insilco 4500 Lyndale Avenue North Minneapolis, Mn. 55412 By: John H. Pope Minnetonka Poo1s, Inc. 10820 Wayzata Boulevard Minnetonka, Mn. 55343 By: Bailey L. Janssen Pine Tree Builders, Inc. 8535 Central Avenue N.E. Blaine, Mn. 55434 By: Edwin A. Dropps Sunrise Construction Corp. 3106 - 61st Avenue North Brooklyn Center, Mn. 55429 By: Arthur L. Fretag The Sussel Cpmpany, Inc. 1850 Como Av�nue St. Paul, Mn'. 55108 By: Don Miller Western Construction Company 6950 t4ayzata Boulevard Minneapolis, Mn. 55426 By: Milton Chazin HEATING Advanced Heating & Air Cond. Inc. 7805 Beech Street N.E. , Fridley, Mn. 55432 By: Maynard A. Edson Air Comfort Inc. ; ' 3944 Louisiana Circle Minneapolis, Mn. 55426 By: Donal G. Ruden ' Cronstrom's bieating & Air Cond. Inc. 4410 Excelsipr Boulevard Minneapolis, bfn. 55416 � By: L. C. Anderson � Don's Air Cond. Htg. & Ref rig. Inc. 4017 Central Avenue N.E. Columuia l�eights, Mn. 55421 By: Donald Dickison ' ' � 17 0 Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com . Dev . Adm . REPIEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENFWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL Heating Contractors Cont. Fgan & Sons !Company 7100 Medicin;e Lake Road Minneapolis, Mne 55427 By: W. J. Egan Northwestern Service, Inc. 2296 Territqrial Road St. Paul, Mn'. 55114 By: Cecil Lenz Golden Valley Air Cond. ' (Richmond & Sons Electric) 5182 West B�oadway Crystal, Mn., 55424 By: Sigurd S. Follese Royalton Heating & Cooling Co. 4120 - 85th Av�nue North Brooklyn Park, Mn. 55443 By: William R. Stewart The Snelling Company 1400 Concordia St. Paul, Mn. 55104 By: Willard Krinkie Standard Heating & Air Cond. Co. 410 West Lake Street Minneapolis, Mn. 55408 By: Tony Ferrara Suburban Air Cond. Co. 8419 Center Drive Dti.nneapclis, Mn. 55432 By: K. W. Chinander Fred Vogt & Company 3260 Gorham;Avenue South St. Louis P�rk, Mn. 55426 By: John V. Borry Ray N. Welt�r Heating Co. 4637 Chicago Avenue Minneapolis� Mn. 55407 By: Ray N. Welter Yale, Inc. 3012 Clinton Avenue South Minneapblis, Mn. 55408 By: John lleblon MASONRY D. W. Harst�.d Co. , Inc. 7101 Highwa� #65 h.E. Fridley, Mn} 55432 By: Alton R. Johnson Jesco, Inc.' 1101-78� St�eet West Minneapolis� Mn. 55420 By: Roy T. I'alness Norsk Concr�te Const. Inc. 4650 Johnso$� Street N.E. , Minneapolis� Mn. 55421 By: James B. Jackson l7 R ► William Sa�ndin Plbg. Htg. Insp.RENE'�IAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL WilliamcSandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg . Irisp. FcENEWAL William Sandin Plbg. Htg. Insp.RENEwAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL DarreZ Cl.ark Com. Dev. Adm. RENEWAL I�a,sonry Con�ractors Cont. � R. E. Ostroni 6211 Comstod,k Lane Maple Grove,li Mn. 55369 Stone Masonr�, Inc. 1061 - 109th' Avenue N. E. Blaine, Mn. ',55434 OIL SERVICES', By: Robert Ostrom By: Jerome R. Stone Air Comfort �Cnc. 3944 Louisiaha Circle Minneapolis,�iMn. 55426 By: Donal Ruden Cronstrom's �ieating & Air Cond. Inc. 4410 Excelsipr Boulevard Minneapolis,!,Mn. 55416 By: L. C. Anderson PLASTERING , � � Peterson & H de Company 314 - 17th A�ienue North Hopkins, Mn.I55343 By: Arnold M. Hede Ziunmerman Sticco & Plastering Inc. 18116 Ridgew�od Road Wayzata, Mn. !, 55391 By: Ervin Zinur,erman 17 S F Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL William Sandin Plbg. Htg. Insp.RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com . Dev . Adm . RE?JEWAL , 17 T MULTIPLE Dr�,ELLIPdG LICEPaSES TO QE APPROVED: F ', Period September 1, 1976 to September 1, 1977 ' � 04JNER �� ADDRESS UhIITS FEE APPROVED BY: ' �I John S. Guzik , 1311 - 43 2 Ave. PdE !� tMpl s, h1N 55421 I , I, ' ��, ' i ' II I ' II ' I ' ' � ' ' , I ' 1 ' 6061 - 2nd St. tdE 4 $10.00 R.D.11ldrich, Fire Prev. � � � 1 , �� ' ' , � � ' ' � F ��NNESOTq �� �� Z° � .; �^"> i ~ � , i f" �i�yr � ��QO� OF TF�P March 4, 1977 Minnesota D�partment of Transportation 2055 No. Lilac Drive Goiden Vailey, Minnes�ta 55422 Mr. Richard N. Sobiech, P.E. Public Works Director City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 RE: Request for Pedestrian Overpass On T.H. 47 at Mississippi Street Dear Mr. Sobiech: I9 (612)545-3761 We ar� in receipt of your letter of February 18 indicating the City Council's desirp for a pe3estrian bridbe at t:e location ir.dicated abo�e. Several cities have been successful in getting Federal Aid Urban funding for pedestrian bridges. Among the recent ones are Brooklyn Center, Robbinsdale, Golden Valley and St. Louis Park. These cities have requested funding through the Metropolitan Council procedures. You will be requested by the Council to submit projects in the very near future. This will be your opportunity to make application for the pedestrian bridge. We are available for any further questions you may have. Sincerely, W. M. Crawford ' District Engineer � C� �.P.(.= ��'�'�----� ' By: C. E. Weichselbaum District State Aid Engineer ' CEti� : sb , �_J I ' An Equa� Opportunity Emp(oyer `��' � ' F 19 A � ' � MEMO T0: , MEMO FROM: DATE: ' SUBJECT: Richard N. Sohiech, Public Works Director ' Thomas A. Colbert, Assistant City Engineer March 17, 1977 Pedestriar� Overpass Funding Request Procedure In the letter of March 4, 1977 from the Minnesota Department of Transportation (MDOT) relating the our questions concerning a pedes- trian overpass at University and Mississippi Sireet, they indicated that there are Federal Aid Urban monies available for such related projects. We have investigated the procedure for procuring this Federal assistance, and as stated in MDOT's letter, al� applications of this nature are made to the Metropolitan Council through the Trans- portation Advisory Board. The Metropolitan Council will be sending out application forms to all municipalities around the lst of August for submission by the middlE of SeptEmber. Applications will not be accepted by the Metropolitan Council prior to August ].st. The attached infarmation lisi:s the priority and qualifying criteria used in obtaining these funds. When the applications are made available, we wi11 follow it up appropriately. TAC/jm � , Defi;il.ion - 6 -• �IKEWA!-VJAi.K�VAY PROIX'CTS _ 1 . t� �\ A coneinuous facility designed pursuant to an overail plan and desiqneted for the use oi bicyclQa, othor vehiclas � praosiled by human power, and/or pedestrfans . . G°_neralty, the cost of a non-staged project should not exceed S2,500,000. Staqed projects may cover 3 years. Ce:;erally, the amount of FAU funds cammitted in each year may not average in excess of 52.500,000 for each year ' of.tne project. , ., CLalif:rtnq Cri[erla 1� B ' 1. The pro)ect must be pstmanent as opposed to �emporary tn natt:rea For purposes of thls criteria, temoorary construct- ion is defined as work which must be essentlally raplaced in the immedlate iuture. Staqed construction !s con9ldered permanent rather [han femporary'sa lonq as future stac�es bui�d on rather than replace previous work. Dlsreqar3inq any leqal prohtbitivns on ehe us�s of the rouCe by cyciises or pedestrians, the project must meet one or nore of the followinq locatlon eriteria: (a) on a tederal-ai3 route,(b) provide a meens of crosslnq a controlled accesa faderal-aid route, or (c) accommpdate eraffic which would have normaliy used a federal-aid highway route on an adJacent route in the corcidor. i� In lleu of an adnpted ^tetropolita;n bikeway-walkway plans, the project must be pare of a plan formally approved by a local uni[ of government or state agency havinq judsdiction over tha proposed facllitye � The projectshouldbec�nsistentwlthmajor policies af the officially adopted Metropolitan Council'5 Transportation Policy Pian and Develo�+ment Framework Chapter. Ordinary sidewalk constructian ajdjacent to an existinq street is noC e11q1bile as a separate proJect. I: must be demonstrated that fhQ', implerrientarion of ehe facility will benefiC the qenerat public. • . The tota( cost of the p�oJect must exceed $S�,OOOo It ma}r include sepa�at9 but related elemencs and suppor[ factlities whlch are not at the same Iocatlon. � � . • � ' D?signs for bikeways should be ln accordance with MHB regul.at[ons and State Planninq Agency's standards as given in the "Iiikeways Gutdo". Any va�,riatlons from these standars musc lnclude justifl,ca�ion of this variance. � All or000sed projects mu6t demorastrate that there ha� been citizen partictpation in the planning of bikeways aad walxways at the community level',. ' Submi[tals .shall include a plan f�r maintenance of a proposed facl.11Cy, �1. Submittals shall lnclude,grovislon for moaitoring and evaluation o£ the proposed faci.ality after !ts development. PriorRy Ccite�la for Blkewavs-�tialkways ' I.. The need ior a facillty in any qiven corrl3or should be demonstrated through: a._ F.xisting bicycle and/or pedese�ian volumes in relation to existing traffic volumes, � b. Provision of access to activity centers, c. Connectlon of dlscontlnuous facili[ies (including removal of physical barriers), d. Known.or potential safet;� hazards, e. Potential volumes anticipated on Che new facility. , 2: � 3. a. Faciltties .olaced on hiqh volume routes should bo physically separated from vehtcular t:affle: b. E.�cisting facilLties shoul3 be utillzed �vho�ever posslbie rather than making additlonai �apltal investmonts. 7::ose facilities whlch lir.!c with other forming a co�tinuous system, will recelve hlgher priority thant "dead-end" or spur route cvhich lead to only one oc two ac[lvi[y centers. ' 4. Fecognizinq that safety educatlon is an impor[ant element, a hlqher priority will be g;vea to proJocts �vhose sponsorinq aSency has demonstrated continuous safety edecatlon pro9rams. 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