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06/06/1977 - 5697ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JUNE 6, 1977 � � �P , .; �� THE MINUTES.OF TIiE kEGULAR 1',�ETIP,G OF TNE FRTDLEY CITY COU"dCIL OE�JUPJE 6, 1977 The Reqular hieeting of the Fridley City Council of June 6, 1977 was called to order at 7:32 p.m. by Mafor Nee. FLFDGE OF AtLEGIAt�JCE: Mayor Nee led tt�e Council and audience in the Pledge of Allegiance Lo the Flag. ROLL CaL�: MEMBERS PRESEt�T: Councilwoman Kuko��rski, Councilman Schneider, Playor Nee, CounCilman Hamernik, and Councilman Fi±zpatrick McMBEP,S ABSENT: None APPROVAL OF MINUTES: REGULAR MEETIPJG OF ,'•'.AY 16, 1977: MOTIQN by Councilman Schneider to approve the minutes. Secorded by Councilwoman Kukowski. tlpon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGEPIDA: MOTION by Councilman Hamernik. to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried un�n�mousiy. OPEN FORUM, VISITORS: Ms. Helen Treuenfels, a member of the Fridley Poliee Commission, appeared before the Council regarding replacement of two police officers who resigned last ,year. She stated the Police Commission certified three persens who were eligible to be hired and Council authorized the hirings, but the City administration has not filled the vacancies. She advised she received a letter from the C�ty Manager, with an opinion from the City Attorney, which states the City does r.ot have to hire anyone because they are in the process of obtaining a new eligibility list. She stated the standard, which supposedly has not been met according to the City administration, is the physical agility test. Ms. Treuenfels stat�d she has checked into the State guidelines for the agility test and found out the Fridley Police Commission sets the standards for their community. She indicated the persons on the list are r,ot being hired b�cause of the agility test; however, these same persons would be placed on the new eligibility list, according to their score. She said that Mr. fitzpatrick raised a question at the last Council meeting and was told they would have first choice from the new list, instead of scraping the bottom of the bar•rel of the old )ist. She reviei��ed the scores obtained by persons on the present lis�. She advised the top three persons on th2 list are men and the fo w-th person is a wanen. Therefore, if one of the top three were hired, this would bring the fourth person into the top three and eligible for appointment. She stated she aras told that Fridley will never have a woman on their Police force as htr. Ni]1 will not allow it. She stated Mr. Hil] ran the agility tests un the candidates. �, �. , i REGULAR MEETIP;G OF JUNE 6, 1977 k, PAGE 2 Now the mandatory guidelines say that the agility test should be pass/fail, no scoring is involved. But what was done with that test was thescoring not on an average of what the police deparG��ent does, but on the best performance of any officer in any one of the tests. P�ow that set the standards and she said she had the report right here, it states that their standards were for the best score in any part of that test sets the standard. The cor�nission revieti•�ed that test and said the scoring is illegal, unfair, there is no possible way any normai wo��drl COUId pdss, not on overall performance, but the best, the fastest man she's got to run against. She has to pull against the strongest man and the thing is this, the woman could do everyone of the things that were required, but she could not do it as fast as the fastest candidate and she is told, failed the test. Ms. Truenfels stated she does not feel the citizens of Fridley are being properly served when the department is runnin9 short of officers and it is the responsibility of the Police Commission to see that the Department is properly manned. She stated she informed Mr. Hill she was going to the Council with this matter. Mr. Qureshi, City Manager, stated last year there was an Attorney General's ruling Police Officers cannot be hired unless they meet certain standards; that is, each applicant would have to pass an agility test and other job related tests. Therefore, they feel these candidates do not leaally meet all the necessary requiresnents. Mr. Herrick, City Attorney, stated it is very clear the City cannot hire and the State will not certify officers that have not met the agility test. Ms. Treuenfels stated the test given by the Police Department was not fair. Mr. Herrick stated he has no opinion on that one way or another, but the fact remains that an agility test must be passed and State requirements met in order for the officers to dttend the police academy, He stated he agrees the Police Commission determines what the standards are as far as the test is concerned. He stated, if the Police Commission wishes to certify these standard� have been followed and the persons have passed an agility test, it would be an entirely different ballgame. P1r. Herrick stated, at the time he wrote his opinion, these persons were not certified as passing an agility test. Ms. Treuenfels asked why Mr. Hill became head of the Poiice Department as he has not passed any test. Mr. Herrick stated he is an Assistant City Manager, has duties outside the Police Department and the head of the Department need not be under the Civil Service Department rules. Ms. Treuenfels stated, according to a ruling by the Supreme Court in October, 1976, the department is an employee of the department in which he belongs. She stated, if she is not notified within a week that hiring has commenced, she is going to notify the persons on the list to file a discriminatory suit against the City and sfie will testify in their behalf. Mr. Herrick stated he understood the passing score was set on the lowest of the 75� of active members ��ithin that age category. Ms. Treuenfels stated the lowest quarter was recommended by the Attorney General for the running part and the other parts of the test were not to be scored at all. She explained the test tivas scored by runnirg seven of the tvaelve eligible candidates in that age bracket and for scoring took the best score in each category. She stated that is not a department average. The best score in each category is not the way you run things like that. Mayor P�ee stated Mr. Sprun9man appeared before the Council and stated that was not the way the test was scored. Councilman Fitzpatrick stated, as he recalled, the top quarter were not counted and the top or averaged score of the remaining 75`'. was taken. Mr. Herrick felt, if ±his aras going to be discussed, Mr. Hill should be present at the meeting as serious allegations were being made. r Y• � ' ' ' , , � ' � ' ' ' !� � � � � �. .. � ��k� • i ' ' , �' , ' ' �LJ ' � � ' �' CI ' � , REGUI,AR MEETI�dG OF JUPdE 6, 1977 PAGE 3 Cauncilman Fitzpatrick stated that he was never told that they v,�ere scraping the bottom of the barrel, that wasn't a phrase thati i�e had heard at all. He had raised a number of questions ��rhich i;e falt ��ere not ans�vered until receivirg the comriunication from the City Attorney this week: He felt the chief question is, when these persons were cert:fied, was the Attorney General's re9ulations already in effect. Mr. Herrick stated he did not know if these regulatio�s were in effect prior to the time of the test. Ms. Treuenfels stated these persons werc certifi�d in Fe�ruary, 1976, and the Attorney General's regulations were in effect in August, 1976. Mr. Herrick stated the Attorney General's regulations state no one, a�ter the effective date of these rules, shall be hired �•iithout passirg the agility test and other job related tests and does not grandfather in people who have been previously certified. Mayor Nee stated to Ms. Treuenfels that she indicates these persons were certified they passed the agility test, although there is not an afficia} motion indicating this. Ms. Treuenfels stated the original certification, after written and oral tests was in february, 1976. Mr. Herrick asked if the Commission adopted a standard as to what is pass or fail for the agility test. Ms. Treuenfels stated they have met the standards by doing certain things without a certain limit of time. Councilman Hamernik felt there were serious allegat�ons and Mr. Nill should have the opportunity to respond. He stated he would like to continue this to a later date with Mr. Hill present. Mayor Nee asked Ms. Treuenfels if she could convene the Commission to settle the matter of certification. She stated she did ��ot knvw iF this would be pessible as Sf1E 1ia� gcing into the hospi+�al next week for neart surgzry. Mr. Qureshi feit ii was a legal question. He stated the appointing authority cannot make the appointment unless these persons have met certain standards. f!e stateci his information is that the test given by ihe Police Department was not acceptable to the Commission. He stated they have to set the agility standards and have to certify these persons passed the necessary tests. If the Commission wishes to make a certification these persons have passed the agility test, and the Councii instructs to proceed with the hiring, they can do so. He suggested the Police Commission forward a notice they have certified these persons as passing the agility test. Ms. Treuenfels stated, at the Commission meeting, they voted to certify the top three so that one could be hired. Mr. Qureshi stated, unless the t?st is approved by the Commission, it is not a legal test. Ms. Treuenfels felt it was an illegal test; Mr. Nill had no right to test candidates on his own. The Police Commission felt the test was alright, but it was the method of grading that was used that made it imposs�ble. Mr. Herrick questioned if there were any minutes,since he wrote his opinion, showing a majority of the Commission has indicated the present candidates have passed an agility test. Ms. Treuenfels stated Mr. Hill is now writing the minutes. Mr. Herrick stated the Commission approves the minutes and can make corrections, if they so desire. Mr. Qureshi stated the minutes of the Commission indicate the test by the Police Department was not a valid test and, therefore, does not meet the standards set by the Attorney General. He stated correspondence is needed from the Police Commission stating these persons met certain standards and have passed the agility test before they are eligible for appointmerit. Mayor Nee suggested to Ms. Treuenfels she try to meet wi±h members of the Commission so officia� action can be taken r�garding certification on the agility test. ' �' � I REGULAR MEETING OF JUf�E 6, 1977 PAGE 4 Ms. Treuenfels stated sh2 will attempt to contact the other members of the Commission and obtain such a statement. PETITIQN #9-1977 IN FAVOR OF REZONItdG HYDE PARK AREA: Mr. Alfred Gabel, 5947 2'z `treet N.E., submitted a petition from the Hyde Park area in hopes of a favorable decision for a block grant. He stated persons he has talked to indicate they are willing to have the property rezoned to residential. MOTION by Councilman Fitzpatrick to receive Petition �!9-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all vating aye, Mayor Nee declared the motion carried unanimously. A visitor was concerned they do not get too many apartment buildings in the area. He stated he likes the neighborhood as it is. Pis. Lucille Calguire, 6008 2nd Street N.E., stated she has improved her property, which she purchased in 1968, and has also bought property at 5780 and 5790 2%Z Street N.E. and is making improveinents at this address. She stated she would do anything she could to make the residents in the area as proud of their property as she is of her own. She felt, over the last nine years, she has given a lot to Fridley in improving her properties and feels it v;as only fair the City do the same by her. Hayor Nee stated he appreciated her comments. The visitor stated there are a few signatures on the petition of persons who are not really sure as there has not been enough discussion. Mayor Nee felt a meeting with residents in the area would be helpful and the staff could prepare plans for the review and discussion. OLD BUSINESS: ORDINANCE N0. 650 � TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY (BICI'CLE, DOGS, ENTERTAINP�ENT�: � MOTION by Cauncilwoman Kukowski to waive the secand readingof Ordinance No. 650 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 020INANCE N0. 651 - AMENDING CHAPTER 18 "CONTRACTORS," SECTION 18.03, "REQUIREMENTS": MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 651 and adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 652 - FOR STREET AND ALLEY VACATION SAV »`77-01, BY CLIFFORD MISTALSKI; GENERALLY LGCATED AT 5801 6TH STREET N.E.: MOTION by Councilman hamernik to Hraive the second reading of Ordinance No. 652 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 653 - FOP. STREE? AND ALLEY VACATION SAV #77-02, BY THOMAS E. MARXEN: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 653 and adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 654 - TO RFPEAL OLD CHAPTER 302 OF THE FRIDLEY CITY CODE, ANIMAL CONTROL AND TO ESTAQLISH A NEW CIi.AP(ER 302 OF THE FRIDLEY CITY CODE, ANIMAL CONTROL: MOTION by Councilwoman Kukowski to waive the second reading of Ordinance No. 654 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .. . ' , , �II ' ' ' ' � ' ' , ' ' ' �,�, ;., � I • � �, ' � ' ' ' , ' ' � ' � REr,,IL/1R MEETING GF JUNE 6, 1977 NEW EUSINESS: PAGE 5 CONSIDFRATION QF FIRST REAEIIR;G CF �M ORDI��A^;�E TO AMEPd� CHAPTER 11 OF THE CITY CODE _.�.------- - OF 7HE C:TY OF FRIDL[Y (CAF.iJIVHI S`i E!R,57 ;S TR4_F L��?S '� dK Yr1"nS APJD CONTRACTORS j: MOTION by Councilinan Fitzpa*rick ±o waive the reading and approve the ordinanc.e upon its first reading. Seconded by Councilw��ian Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CONSIDERATION OF FIRST READING 0� AN ORDIPlANC[ TO A"�!EP1D CHAPTER il OF THE CITY CODE OF THE CI7Y OF FRIDLEY ��ILLI,^;RDS�- � AND COfJSIDFRt1TI0N C1F FIRST READING OF AN G�RDIf�ANCE TO Af1END CFI�IPTER 11 OF THE CITY CODE OF THE CTTY Of�FRIDLEY��^1ULTIPLE DWELLINGS :� � AND CONSIDERATIOiV OF FIRST REAJING -0F pN ORDINANCE AMENDING CHAP�ER 11, °LICENSES° PERTAINING TO MINING PERMIT FEES AND L,^,ilD ALTERATIOiJ PERf4IT FEeS: MOTION by Councilman Fitzpatrick to waive the reading and approve the above three ordinances, relating to Chapter 11 of the City Code, upon first reading. Seconded by Counci7man Hamernik. tJpon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. Mayor Nee requested, at the time of second reading, that the four ordinances given first reading this evening, which relate to Chapter 11, be included in one ordinance. AGE^IDA. CHAP1fE: MO7ION by Councilinan Fitzpatrick to waive the order of the agenda and consider the item reiating �o the islands of Peace Project. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanir�ously. PRESENTATION OF THE PLANS FOR THE ISIANDS OF PEACE PROJECT: Mr. Jim Langenfeld, President of the Islands of Peace Foundation, introduced Mr. Dunwoody, the architect t'or the project. Mr. Dunwoody presented a slide presentation outlining the accomplishments to date with , the Islands of Peace project and some of the projects planne� for the future. He stated the principal entrance to the Islands of Peace will be on Chase's Island which is oHm ed by the City. A reception center and parking lot is proposed for construction. He stated a small shelter is curi°ently under canstruction near the north end of Chase's Island. , u , ' ' " ' ' The plan calls for developing Chase's Island into two areas, the south for picnicing and the north for overnight camping. In Mr. Dunwoody's presentation, the slides showed the design of the walkways and picnic tables. Future plans include area for picnicing, camping, boating, fishing and nature trails. He stated Gil Ho�ges Island is not scheduled to be improved, but will be retained as a wildlife refuge. He stated maintenance of the facilities has been in cooperation with the City and the Islands of Peace Foundation with a great deal of volunteers cooperating in the project. • Mr. Dunwoody stated with the current grant from the State, riverfront will be acquired, and the reception building and parking lot constructed. Mayor Nee stated a meeting is scheduled for tomorrow night with Mr. Bill Atkins of the State Planning Agency regarding this porject. Councilman Hamernik questioned the construction of the building on the Hayes lots. � REGULAR MEETING Of JUNE 6, 1977 PAGE 6 Mr. Ounwoody stated these plans are very preliininary and before proceeding with the project, more complete plans would be developed for the Council's approval. Mr. Dunwoody stated ihe only thing under construciion at this time is the 20 x 20 foot shelter which fits in with the natural theme of the Island. Mr. Qureshi thanked Mr. Cunwoody for all his efforts and stated the reception center building should be as vandelp�°oof as much as possible and hopes this is kept in mind in the planning. Mr. Dunwoody stated they have designed four buildings for the Minneapolis Parks and Recreation and recognizes the vandalism problem and will take this into consideration in plans for the reception center building. Mayor Nee thanked Nr. Dunwcody for appearing before the Council and making his presentation. Mr. Herrick, City Attorney, stated Mr. Ed Wilmes has raised a few questions which the Council may wish to consider at the meeting tomorrow evening. These were, the possibility of obtaining a longer term lease, now that the bill was passed by the State Legislature, and the language of the bill as it relates to the 550,000 matching funds. Mr. Herrick suggested this item might be discussed with the State representative as to whether services will be counted towards the $50,000 and whether corsideration will be given to work previously done. Mr. Langenfeld asked it it would be possible for the Council to review the plans this evening since Mr. Dunwoody would not be able to attend the meeting tomorrow evening. Mayor Nee felt it wasn't a question of the plans, but what is needed as far as funding. Mr. Ed Wilmes stated WCCO T.V. provided coverage on the Islands of Peace project and the reaction from the public is proof that an effort must be made to make the public aware of this facility. He stat2d many calls were received from interested groups. Mayor Nee stated he is interested in a finance plan on the amount of funds needed to completE the project based on the assumption that certain labor will be donated. Mr. Dunwoody stated these figures are available and the figures in the budget were not anticipating volunteer labor. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 18, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R. FLATEN, ZOA �77-02, 1�6 ELY STREET: Mr. Sobiech, Public Works Director, requested the Council set the public hearing for this item for July 11, 1977. MOTION by Councilman Fitzpatrick to set the public hearing for July 11, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TEEN CENTER REQUEST FOR $200: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and approve 3200 for the Teen Center. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY UNITED METHODIST CHURCH, SAV �77-04: MOTION by Councilman Schneider to set the public hearing for July 18, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � � I � CII ' I ' ' ' � tJ � � ' ' � ' ' ' ' �. � I `f t:i i� � �I ' � � r , REGUL(1R MEF7ING OF JUNE 6, 1�77 GARY PETERSON VARIANCES� 1326-1.°�28 A"rD 1344-1346 OSGORNE ROAD: No action was taken at this ti�ne until after the rezoning is considered. RECEIVING TNE MINUTES OF THE Ci,l"V CC�^,�1ISSI0"J MEETI��G OF APRIL 27, 1977: PAGE 7 MOTIQN by Courcilman Schneider to receive the minu±es of the CATV Commission Meeting. Seconded by Councilman Hamerr.ik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVI^JG THE MINUTES Of THE CHA.R?ER CO"^trISSION t�EFTINGS Of FEBRL'ARY 15, 1977; MARCH 15, 1977; APdD APRIL 19, 1977: MOTION by Councilman Fitzpatrick to receive the above minutes of the Charter Com�nission Meetings. Seconded by Council�•ioman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVTiVG THE T�tINUTES OF THE POLICE C.VIL SERVICE COMMISSION MEETIPaG OF MAY 17, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Po'ice Civil Service Commission Meetirrg. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF APPROVAL OF FiidAL PLAT SU3DIVISION P.S. u77-02. A REPLAT OF MARXEN Mr. Sobiech, Public Works Director, explained the loca�ion of the proposed plat and stated a setback of 30 feet is requested onthe lots because of the street configuration. He stated the lots do meet the minimum area requirements. Mr. Sobiech stated the petitioner is also reque�ting a waiver of certain platting and vacation fees. Mr. Sobiech stated the platting fee for Marxen Terrace was paid in 1970, when the original plat was filed, and the i�iprovement of 73'� Avenue resalted ir� a ch�nge in the street pattern. T"erefore, it is P1r, i"arxen's ccntention that ac�ion by the City ha5 made it necessary to replat the lots. Mr. Marxen stated he will experience replat fees from the surveyors from $1,000 to $1,200 and, therefore, is requesting the platting and vacation fee be waived. Councilman Schneider questioned the park fee which Mr. �obiech stated was $300 per lot. Councilman Schneider stated he would consider waiving the platting and vacation fees, but felt the park fee should not be waived. Mr. Herrick, City Attarney, felt there v;as some rationale for collecting the park fee only on one lot because, if it had not been for the �ity's action, it would not be necessary for Mr. Marxen to proceed with this replat. MOTION by Councilman Schneider to approve the replat of Marxen Terrace, P.S. tt77-02, with a 30 foot minimum setback for the lots. Seconded by Councilwoman Kukowski. Councilman Hamernik questioned why this was not handled as a lot split. Mr. 5obiech stated the legal descriptions for lot splits must be very simple and ror these particular parcels, it becomes very involved. He stated a legal description would have to be made for the middle lot and it could not be a simple description because of the diagonal line associated with the plat. Mr. Marxen stated this question came up with the original plat, but it was felt because of the length of the legal descriptions on this particular piece of property, you wouldn't want to get into lot splits. UPON A VOICE VOTE TAKEN ON TNE A60VE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. , MOTION by Councilman Schneider that the platting and vacation fee for Marxen Terrace be waived and the park fee for two lots be waived. Seconded by Councilman Fitzpatrick. ` Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimous]y. Ii u � �_ R[GULAR MEETING OF JUNE 6, 1977 CONSIDERATION OF REAPPROVAL OF ROTTLUND OAKS P.S. �76-07 (APPROVED JANUARY 3, 1 PA6E 8 Mr. Sobiech stated this is a case where the plat was not recorded in the 90 day period covered by the ordinance because of litigation of vacating Ely Street. He stated the original approval required a 45 foot setback from the cul-de-sac property line in order to get the ininiir�um lot widths. MOTION by Councilman fitzpatrick to re-approve Rottlund Oaks P.S. =76-07. Seconded by Councilman Harnernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SIDERATIO�J OF REAPPROVAL OF CENTRAL TOWNHOUSE ADDITION, P.S. r76-OS (APPROVED .-,.��., , —; T----- __ CONSIDERATIO?J OF APPROVAL OF TO!ti'f�HOUSE PLANS FOR CENTRAL TOW�dHOUSE ADDITION: Mr. Sobiech stated this plat was not recorded within the 90 day requirement and requested reapproval. Mr. Sobiech stated he felt this 90 day requirement is difficult to comply with and should possibly be an item for discussion by the Council at a Conference Meeting. The plat covers property east of Central Avenue and north of 73rd Avenue. Mr. Sobiech stated the original approval of this plat required a developmental agreement to provide recreational facilities and these facilities will be located ihroughout the complex. Mr. Sobiech stated the dimensions are less along the property line north of 73rd Avenue and the structure will be placed closer to the east property line. However, certain fencing and landscaping will be provided. Councilman Schneider questioned how close this development will be to the existing dwellings. Mr. Sobiech stated it will be 25 feet from the pronerty line and 34 feet from the existing dwelling. Councilman Schneider stated he was concerned about them building closer to the existing dwellings. Mr. A1 Hoffineyer, arciiitect for this development, stated they will have a fence going all the way around the property which will be installed when construction is completed. Councilman Schneider questioned installation of the fence prior to construction being completed. ��1r. Hoffineyer stated it was easier to work without the fence and the fence is one of the last things to be constructed in a project. Counci]man Schneider asked what precautions they will be taking to protect the adjoining private property during construction. Mr. Hoffineyer stated they would take any necessary precautions to protect the private property as they could be sued, if damage was done to these properties. Councilman Fitzpatrick indicated he felt the adjoining property was going to have a three story buildinp awfully close to the existing dwelling. He then questioned what the original zoning was on the property. Mr. Sobiech stated it was commercial zoning except for a portion of R-1 property in the east portion of the plat. Mayor Nee questioned if a berm would be constructed on Central Avenue to which Mr. Hoffineyer answered in the affirmative. Councilman Schneider questioned if there were other major topographical changes to which the architect answered in the negative. Mr. Naffineyer stated they intend to save as many trees as possible and went to great extent to loop the water mains so as not to disturb the trees in the area. Councilman Schneider questioned h1r. Hoffineyer if they were willing to work with the City staff on the landscaping to which Mr. Hoffineyer.answered in the affirmative. Mr. Nick Garaffa, 6750 Monroe Street, pointed out that the townhouses on Jackson in Melody Manor stand quite high and it seems residents in that area are having problems. He felt any action the Council can take now to eliminate a possible future problem should be done. .,. .i� ' ' � � � , �_.�,. . 'sl {ri ,, ' ' REGULAR MEETING OF JUP�E 6, 1977 � PAGE 9 Councilinan Schneider c�uestioned if the landscaping and fencir9 would be cumpleted as each sta9e is constructed. Mr. Hoffineyer indicated this would be done. MOTION by Councilman Schneider to reapprove Central Townhouse Addition P.S. ='76-08 and a�prave the Townhouse Plans for Central Tovrnhouse Addition with the stipulation that the set�ack be 30 feet from Central Avenue and correspondingly increase the side yard setback fr-om the east property line from 25 to 30feet; further, that the landscaping be svork.ed out with the City staff. Seconded by Council�•�on,an Kuko�•�ski. llpon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. CONSIQER;TION OF REAPROVAL OF REAL ESiATE 10 ADDITiOPJ P.S. t76-11 (APPROVED DECEMBER 20, 19?6 : — MOiION by Councilmafi Schneider to reapprove Real Estate 10 Addition P.S. 776-11. Seconded by Councilwoman Kukowski. Upon a voice voie, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQU�ST FOR QUILDIDdG PERMIT FOR GODFATHER PIZZA, 7910 UNIVERSITY AVENUE N.E., PRIOR Tt� APPROVAL OF PLAT: Mr. Sobiech stated Mr. Schroer has requested a building permit for a parcel of property located on the northwest corner of University Avenue and 79th. He stated presently the parcel of property is under one parcel number and before the City could issue a building permit, it would be necessary to approve a plat. Mr. Sobiech explained the extenuating circumstance is that the presence of the roadway creates three separate lots under one parcel number. Ne stated Mr. Schroer's request at this time is approval of the building permit, with the stipulation that the plat be processed for approval either prior to certification of occupancy or by September 15, 1977, whichever comes first. h1i°. Sobiech stated another consideration would be the park fee and when payment should be made. Mr. �chroer stated he would agree to pay the park fee at any time the Council wishes. Mr. Sobiech felt it would be easier to collect the fee at the time the buildingpermit was issued. MOTION by Councilman Hamernik to authorize the issuance of a bu�lding permit to Mr. Schroer, with the stipulation that the plat be submitted prior to certificate of occupancy or by September 15, 1977, whichever comes first and the park fee for this particular section of the parcel be paid with the issuance of the building permit. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. CONSIDERATON OF APPROVAI OF LICE(VSES FOR �IRE CITY AT 5333 UNIVERSITY AVENUE N.E. AND 8355 EAST RIVER ROAD N.E.: Mr. Herrick, City Attorney, stated the applicant has requested this item be tabled as they are attempting to correct the problgn. MOTION by Councilman Fitzpatrick to table this item for taro weeks; however, if the problem is corrected, it will not be necessary to bring this item back to the Council. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMENT AT 6170 KERRY LAfIE N.E., REQUEST BY MIKE 0'BANNON: Mr. Sobiech stated he did not see any problem with this nine-inch encroachment into the drainage easement and recorrnnended it be approved. MOTION by Councilman Schneidei° to approve the encroachment. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FRIDLEY JAYCEES REQUESTS REGARDING STATE SOfTBAIL TOURNAMENTS: Councilman Hamernik noted they are requesting use of three parks, Commons, Locke, and Madsen. Councilwoman Kukowski stated this is the same request they receive every year from the Jaycees. � REGULAR MEETIPtG OF' JUNE 6, 1977 ,., I PAGE 10 Mr. Qureshi stated the Park Board suggested the Jaycees pay for the overtime necessary in connection with these events. MOTIOPJ by Councilwoman Kukowski to approve this request from the Jaycees and waive the fees. Seconded by f,ouncilman Hainernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �ONSIDERATION OF A CONTRACT FOR COMPUTER SERVTCES (JOINT PO4lERS AGREEMENT BETWEEN THE CITY OF A-;Or� AND CITY OF FRIDLEY (02 LIQUUR PE�PETUAL INVE�;TORY AND SALES AfJALYSIS SYSTFM • Mr, Brunsell, City Clerk, stated he had been contacted by the City of Anoka and they requested tvao items be added to the agreement. The first would be a 30-day termination notice for either party and also a statement that at time of renewal or renegotiation,: rates are subject to change. Councilman Schneider questioned what would happen if they would terminate after a 30-day notice. Mr. Brunsell stated there is no other place, at this time, that could provide this service. MOTION by Councilman Hamernik to authorize execution of the joint powers agreement between the City of Anoka and City of Fridley with the two amendments, as requested by the City of Anoka. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REfONSIDERATION OF CLAIM OF MR. RONALD REINHARD REGARDING GUITAR: Mr. Qureshi, City Manager, explained there were some statements made before the Council, at the time they authorized payment of the claim, which the City found were not true and additional information was submitted to the City Council. Mr. Qureshi stated, knowing the facts as they understand them, he would recommend denial of the request for the claim. MOTION by Councilwoman Kukowski to reconsider the claim and deny the request. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called by Mayor Nee at 9:55 p.m. RECONVENED: The Council reconvened at 10:17 p.m. DISCUSSION REGARDING CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION AND COMMITTEE MEMBERS AND TOP LEVEL CITY EMPLOYEES: This item is to be discussed later in the meeting. ION N0. 58-1977 - APPROVING FINAL PLANS AND ADDING PROPOSED IMPROVEMENT OF AND EXISTING STREET I�9PROVEM[fJT PROJECT ST. 1977-1 AND ST. 1977-2, ADDENDUM # �Rf1FR il1ST721_ �1IFn�iiF GOCr n� orniGTQGG i nr�� . MOTION by Councilman Schneider to adopt Resolution No. 58-1977, Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' , � tI ,, `i �, � I ' i , � � ' � � � � � � � ' � � I � , � I I u , REGULAR M[ETI�JG OF JUiJE 6, 1977 PAGE 11 RESOLUTION N0. 56-1977 - ORD[RING PRELIMI^JARY PLANS, SPECIfICATIO�S AND ESTIP1ATES OF --- - _ � _ -- -- —;;- --- THE CJ�;;`� 11;F�,EOf=: �,�r;Ilil��l ��',riR, l;,i':T.i? i,°;i� S,ri�"i SEIJEf2 f'�'.O�E�T �l`1.3 (UTIL,iIES FOk aLOC:<E;JU-�DED BY 91�i AV�t�JE ;,�JI) 7�TH r,'E,JE, T.H. 47 Ai�D i?r�I�� S;nEET : MQTIO,'! by Councilman Schneider to adopt Resolution No. 56-1977. Secanded by Councilman Harner•nik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CO^lSI�DEf?ATtOtJ OF A PE�OWT,OPJ AUTHORIZI^'G TRAtdS�ERS FROM THE PUGLIC UTILITY FU��D, THE REGL'LAP, SPECIAL FlSStSSi1ENTS FUfdD AiJD THE REVQLVIPiG FUND TO W-75 4�ATER b±ORY.S Ih1PROVEME BOiVD FI7�dD, k�A?ER FEF�Jiii)ING BO"+DS OF l�??5 FUh,D, I��IPROVEf�^EPIi E;0?iDS OF 196? �UND, A."!D SPECIAL ASSESSh1EN1S fttFUfJDING BOiJDS OF 1964: P40TION by Councilwo;ran Kukowski to adopt this resolution. Seconded by Councilman Hamernik. Mayor tvee questioned the transfer of monies from another Special Assessment fund, or if it could be transferi°ed into the General Fund for other capital improveinents. Mr. Qureshi, City Manager, stated the staff would research this matter further and report back to the Council. MOTION by Councilwoman Kukowski to table consideration of this resolution. Seconded by Councilman Hamernik. Upon a voice vote all voting aye, Mayor Nee declared the motion carrieu unanimously. ION N0. 57-1977 - AUTHORIZIP�'G AND DIRECTING THE SPLITTIP�6 OF SPECIAL 1_F Ri nrk � nraoi,inv annr-rrnni on,n n�on�Trnnirnir_ rnirn i nTC i onin � P10TION by Councilman Hamernik to adopt Resolution No. 57-1477. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayar Nee declarzd the motion carried unanimously. APPOINTP•1ENT - ENUIr�ON'�1EPdTAL QUALITY CO^?MiSSION: fNayor Nee requested the background information on persons interested in serving on this Commission. MOTION by Councilman Hamernik to table for two weeks. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor P7ee declared the motion carried unanimously. CLAIMS: MOTION by Councilwoman Kukowski to authorize payment of Claims No. 13GF22 through 152898. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LICENSING PINBALL MACHINES: Counciluioman Kukowski stated she has had several complaints about the pinball machines and requested a recomn�endation from staff on methods of controlling their use. M07ION by Councilwoman Kukowski to request staff to report on methods of controlling pinball machines in the City. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LIC[NSES: MOiION by Councilman Schneider 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 unanimously. �, .�. � REGULAR htEETING OF JUPJ[ 6, 1977 ESTIMATES: Eugene A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAl. Estimate =2, Moore Lake Evaluation and Restoration Study Julian f•?. Johnsan Construction 1229 Osborne Road Spring Lake Park, MN 55432 FINAL Estimate #1, Sewer Repair Project "122 $ 1,641.00 $10,873.67 � PAGE 12 MOTION by Councilman Hamernik to approve the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING CODE OF ETHICS ORDIIJANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION AND COt�1;�1ITTEE haEMBERS AfdD TOP LEVEL CITY EMPLOYEES: Councilman Schneider submitted a proposed Code of Ethics Ordinance for the Council's consideration. He reviewed the various sections of the ordinance with the Counc�l and discussion followed. Councilman fitzpatrick stated one of the things he wondered about was the degree of interest. He was thinking in terms for instance that his retirement fund owns Perkins Pancakes and at what point, does it become pertinent. Mayor Nee felt in some degree the proposed ordinance may conflict with the Charter, as far as imp�sing some of these requirements on the City staff. Councilman Schneider stated he raised these questions with the State and it was felt there was no problem. Councilman Hamernik stated the question that came to his mind is the cumbersomeness of the ordinance. He stated he has no objection whatsoever regarding the item of public disclosure regarding financial holdings within the City of Fridley; however, when it comes to listing, bonds, securities, etc., it becomes rather detailed. Mr. Herrick, City Attorney, stated he and Councilman Schneider discussed this matter and felt something should probably be added to the effect that it be a direct financial interest and ownership of stock of iess than•a certain amount would not be considered a financial interest. Councilman Hamernik questioned the usefulness and workability of including this in an ordinance. He felt the intent was fine, but if it is enacted, it should be something people can readily live with and still perform the desired intent of the ordinance. He felt holdings of local corporations could be included and probably not go much beyond that. Under Section 30.30, Item 4, regarding material changes in financial interest, Councilman Namernik felt this would require disclosure every time, for instance, a trade was made on the stock market. Councilman Schneider felt there should be some latitude in this area. Councilman Hamernik asked if some of the other ordinances Councilman Schneider reviewed could be made available to the Council. Councilman Schneider staied a number of the ordinances he reviewed required disclosure only at the time of filing for office. He stated the Golden Valley ordinance was probably the most comprehensive. Mayor Nee felt the first portion regarding "Declaration of Policy" should be eliminated. ��i ' �' I � � �� , r � � , � � � � � � �.�.� - • - ,.'�s..i �i � [� � , � � � ' � � L ' , REGULIIR h1EETING OF JU�dE 6, 1977 PAGE 13 Council��oman w:ukowski felt sF�e �,aould prefer so,:�ethiny mare 9eneral and didn`t feel stocks, bonds and securities should be 1isted. �he felt the more details there are, the less effective the ordinance 4JOU�d bE. Councilwo�r�an Kukoe�ski questioned what the City would do if a person fails to file a disclosure. h1r. Qureshi, City Manager, stated he has talked ��ith several City Managers who have an ordinance of this type and their problem is getting Council persons to comply with it in filing the reports. Mr. Nick Garaffa, 6750 Plonroe Street N.E., spoke in favor of such ordinance. He felt it would help to eliminate people's suspicions of government. Mr. Tom Collins, Sun Newspapers, asked how the City would enforce such an o�dinance. Councilman Schneider felt it �vould be based on aperson's honor. Mr. Herrick, City Attorney, stated the ordinance does say that failure to comply is a mi sderr�eanor. Mayor Nee also questioned Section 30.20, Item 2, and the right to bar a member of the Council from voting. He felt this right could not be denied on the basis of an ordinance. Mr. Herrick stated he felt the City has the authority to adopt such an �rdinance, but did not know if it was broader than the Charier or State Statutes. He felt there was some language that was difficult to interpret and requested specific instruction from the Council as to what type of change should be made. Mr. Herrick reviewed some of the questions which came to his mind. On page 2, Item 3, regarding the Definiti�n of top level city employee," he questioned the �vording "and any city employee who orqaniza±ienally reparts directly to the City Manager." He was concerned if other people other than department heads should make this report, or if this languaye should be striken. Councilman Schneider stated he was eoncerned mainly with department heads. Mr. Qureshi, City Manager, suggested adding "and other department heads or any other persons designated by the City Manager." This would give the City Manager the authority to designate other persons who would have to file this report. Mr. Herrick questioned the definition of the term "while acting as such" under Section 30.20, Item 1. Councilman Schneider stated it is meant to imply while acting in an official capacity. Mr. Herrick asked tne Council if they wished to rrevent a C,ommission or Councilmember from participating once they have disclosed. He felt their comments can be judged once it is know they have a biased interest. Councilman Fitzpatrick felt once a member has disclosed, he should be allowed to enter into discussion, but would prefer not to have the member vote. Mr. Herrick stated he would research whether the majority of the Council has the authority to not permit a member to vote in a matter in which he has an interest. Mr. Herrick also questioned the degree of relationship under Section 30.20, Item 1. Counci',man fitzpatrick felt again it would be difficult to know. � Under Section 30.20, Item 6, Mr. Herrick interprets this that a Councilmember could not appear before a Commission when so�ie matter was being discussed by the Commission in order to state his or her views, regardless of whether or not they have a financial interest. � , ' � . i REGULP,R P1EET.NG OF JUNE 6, 1977 PAGE 14 Councilman Fitzpatrick felt it is an obligation on the part of the Council to appear. Councilr+an Schneider stated his intent of this portion of the ordin�tnce was that a Councilmember could riot appear only when there is a financial interest on his part. Under Section 30.30, Sectionl, t4r. Herrick questioned the words "or at some location within the City of Fridley." He interprets this to mean when there is a contract that the City is contemplating that the Council or Commission me�nber or top level employees make it known they have an interest in that particular caropany. He felt from the practical standpoint, it might be we71 to ma}:e a disc]osure at the tin�e the item comes before the Commission or Council. Under Section 30.30, Item la, t4r. Her•rick questioned the words "other than as a nominee." Councilman Schneider stated a nominee would conceivably be someone named in a wiii or docUment to become a controlling party of a trust. Under Section 30.33, Itern 2, Mr. Herrick stated he felt this should be included and attorneys shouldn't be representing where there may be a conflict of interest. Under Section 30.40, the words "ot- goverrnnental agency and which is not engaged in the ownership or conduct of such a business enterprise or governmental agency," Mr. Herrick questioned if these were necessary. Councilman Schneider felt this language could be eliminated. Councilman Fitzpatrick stated the "Declaration of Policy" addresses itself directly to what is the chief purpose of having such an ordinance. Mr. Herrick stated Section 30.01, Item 1"General Declaration of Polic,�'could probably be eliminated and begin with Item 2 under this Section, Mr. Tom Colliris, Sun P�ewspapers, felt the reference to the highest standards of mcrality was ridiculous. Mr. Herrick is to review the ordinance and resubmit it to Courtci7 for their consideration. BINGO REPORTS; Mayor Nee sta�ed, after reviewing the bingo reports, he felt there are questions that should be answered regarding expenses. He felt, unless they return a higher percentage of receipts in the form of contributions, they shou7dn't be licensed. Mr. Herrick suggested a form to be filled out with a detailed explanation on how much of the receipts is going towards corrmunity contribut�ons. He felt if they are required quarterly to itemize their contributions, there could be some checking on the City's part. Councilman Fitzpatrick felt there should be some form of recording N�hich is understandable Mr. Herrick stated he would work with Mr. Brunsell, City Clerk, to draft a form. LEVY LIMIT: Mr. Brunsell stated the reason the matter of the levy limit is before the Council is, � if they do not levy at least 98" of the limit this year, they cannot qual9fy for the additional 10% taxing authority in the future; under present State law. Councilman Fitzpatrick felt there would be a lot of cities in the same situation. There was no interest at this time on the part of the Cauncil to take action regarding the levy limit. �i � � � ' � i � ' �� ' � � �;� „ 5 . F�EGtlLi�� P�lEETIP,G OF JUhf 6, 1977 PAGE 15 ADJOURDIP4LNT: MOTIU"1 by Councilwoman Kukowski to ad,journ the meeting. Second2d by Councilrnan Schneid�r. Upon a voice vo±e, all votinc; aye, Flayor Flee declared the motion carried unanimously artd the Re,ular Fieeting of the Fridley City Council of June 6, 1977 adjourned at 12:14 a.m. Respectfully submitted, Carole Haddad Secretary to the City Council APPROVED: William J. Nee Mayor � .. .. : s t MEMO T0: DEPARTP�fENT HEADS Followiny are the "ACTIONS NEEDED". Please have your answers back in the city Manager's office by Wednesday Noon, June 15, 1977. Thank you. FRIDLEY CITY COUr�1CIL - REGULAR f�iEETING — JUiVE 6, I977 — 7:00 P,M. PL�DGE OF �,LLEGIAfJCE: ROLL CALL: AT1 Presen� COI�JTIf�UED BOARD 0� REVIE�J �iEETIiVG — COi�TI��UEV FRGi� i1AY 18, 1977 — 7: 00 P , P�1, City Council appraved staff recommendations ACTION NEEDED: Proceed as authorized APPROVAL OF MIftiUTES: REGULAR �'iE�TING, I"�RY 16, 1977 Appr�oved ADOPTIQid OF AGENDA: Adopted as presented � , REGULAR MEETING, JUf'JE 6, 1977 1 OPEtd FORUf�, V I S I TORS : PAGE 2 ' CONSIDERATION OF ITEMS NOT ON AGENDA –�5 P�INUTES Helen Treuenfels, Police Commission, spoke regarding ap�ointment of police officers � Petition #�9-�977.In favor of rezoning Hyde �ark was received NGINEERING ACTION NEEDED: Come up with some alternatives and hold neighborhood meetings OLD BUSINESS: �� CONSIDERATION OF SECOND R�ADING �F AN ORBINANCE TO � �1N{END CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY I , �BICYCLE, DOGS, ENTERTAINMENT)� � . � , � � � � � � � � � � � 1 � Ordinance P�o. 650 adopted CITY MANAGER ACTION NEEDED: Publish Ordinance � — � CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 18 ��CONTRACTORS°� SECTION ig � O�� `REQUIREh1El�(TS" � Ordinance Nc�. 651 adopted ITY MANAGER ACTION NcEDED: Publish ordinance � ' � CONSIDE�ATION OF SECOND READING OF AN ORDINANCE FOR STREE7 AND ALLEY VACATION SAV #77-01, BY CLIFFORD MI STALSKI; GENERALLY LOCATED AT 5�01 6-rr� STREET I'� � E� ' Ordinance No. 652 adopted CITY MANAGER ACTION NEEDED: Pubiish ordinance � � i � „ � 2 ,,,,,3-3A C� '' REGULAR ��EETING, JUi��IE 6, 1977 OLD BUSINESS (CO��TINUED) PAuE 3 ' CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-02, BY THOMAS E� ' P'�ARXEN � , , , � , , , , , , , , , , , , ; , , , , , , , , , , 4 - 4 A Ordinance No. 653 adopted ITY MANAGER ACTION NEEDED: Publish ordinance � ' ' CONSIDERATION OF SECOND READING OF AN ORDINANGE T0 REPEAL OLD CHAPTER 3OZ OF THE FRIDLEY CITY CODE, ANI��I/�L CONTROL AND TO ESTABLISH A�`�EW CH/�PTER 3O2 OF TNE FRI�LEY ' CITY CODE, ANIMAL CONTROL � � � � � � � � � � � � � � � � � , 5 - 5 G Ordinance No. 654 adopted ITY MANAGER ACTION NEEDED:" Publish ordinance � ' � iJE6�l BUS I ��JESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND ' CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY �CARNIVALS, Cf�RISTMAS TREE LOTS, �UNK YARDS AND CONTRACTORS)� 6— 6 E Approved on first reading INANCE ACTION NEEDED: Combine Ordinances amending Chapter 11 (Item 6, 7, 8 and 9} for second reading and put on next regular meeting , � I , � � I I' ' � NANCE � , ' f NANCE , � �ANCE � , � � E INEERING � � , REGULAR MEETING, JUldE 6, 1977 PdE6� BUSIi��ESS (CONTINUED) CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY �BILLIARDS) � � � � � � � � � � � � � � � � � � � � � � � Approved on First Reading REFER TO ITEM SIX P,qGE 4 ,,,7-7B CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER II OF THE CITY CODE OF THE CITY OF FRIDLEY �MULTIPLE DWELLINGS) , � � � � � � � � � � � � � � � � � � . � g — g C Approved on First Reading REFER TO ITEM SIX CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11, `�LICENSES" PERTAINING TO MINING PERMIT FEES AND LAND ALTERkTION PERMIT FEES� � � � � � � � � � � � Approved on First Reading REFER TO ITEM SIX ,,,.9-9A RECE IV I NG THE I�i I NUTES OF THE PLANN I NG COf�1M I SS I ON i�IEET I NG oF ��1aY 18. 1977 , , , , , , , , , , , , , , , , , , , , , , , ,10 — 10 AA 1. R. Flaten, ZOA #77-02, 176 Ely Street ...............�...... 10-10A Planning Commissian Recommendation: Approve & lOX Council Actian �equired: Set public hearing for J u 1 y"L�'"�,'. ��'T'1�' 11 , 197 7 Publie Hearing set for ,)uly 11, 1977 ACTION NEEDED: Make arrangements for �ut�lic hearing ,' 1 1 REGULAR i�1EET I PJG, J UP�1E 6, 1977 iVE��! BUSIf�IESS CCOi�TIIJUED) iPLANNING COMMISSION �'�INUTES CONTINUED) , 2. , PARK u REC , 3. 1 NGINEERIfvG ' ' ' � I , Teen Center Request for $200 ................................ lOK & l0Y Human Resaurces Comm. Recommendation: Approve Planning Comm. Recomrnendation: Approve Council Action Required: Consideration of recommendation Request for $200 approved ACTION fVEEDED: Inform Teen Center of approval and make arrangements for transferring funds with Finance Department Fridley United Methodist Church, SAV #77-04 ................. lOL-lOM Plannin� Corr�n. Recommendation: Approve with stipulation & lOZ Council Action Required: Set public hearing f'or July 18 Public Hearing set for July 18, 1977 ACTION NEEDED: Make arrangments for public hearing 4. Gary Peterson Variances; 1326-1328 and 1344-1346 Osborne Road........................................................ Appeals Comm. Recommendation: Approve Council Action Required: Delay, for consideration with rezoning request NO ACTiON TAKEN AT THIS TIME RECEIVING THE MINUTES OF THE CATV COMMISSION P�EETING OF AP� 1 � 27, 1977 , , , , , , , , , , , , , , , , , , , , , , Minutes Received ENGINEERING ACTION NEEDtD. File for future reference � i ' , lOS-lOW & 10AA ,,, PAGE 5 11-11F1 � , ' REGULAR P`�EETING, JUi��JE 6, 1977 PJEb�J BllSI�dESS tCONTI�lIlED) � RECEIVING THE ��1NUTES OF THE CHARTER COMMISSION MEETING oF FEBRUARY IS, 1977 , , , , , , , , , , , , , , , , � , Minutes Received NGINEERING ACTI4N NEEDED: File minutes for future reference , �J � V G T �`�1NUTES OF THE CHARTER COMMISSION P�EETING RECEI IN HE PAuE 6 , , , , 12 — 12 E I 1 oF ��ARCH 1�, 1y77 � , , , , , , , , , , , , , , , , , , , , , , , 13 — 13 D P4�nutes Rece�ved ENGINEERING ACTION NEEDED: File minutes for future reference r � � � RECE I V I NG THE �'� I NUTES OF THE CHARTER COh1M 1 SS I ON ��EET I NG ' OF APR I L 19, 197� , , , , , , , , , � , , , , , , . , � , Minut�s received ENGINEERING ACTION NE�DED: File minutes for future reference ' ,,.,14-14A1 , RECEIVING THE P�IINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF I�IAY �7, 1977, , , , , , , , , , , , , , , , , , , , , 15 — 15 A Minutes received ITY MANAGER ACTION NEE_DED: File minutes for future reference , � � ' ,' REGULAR ��1EETI�dG, JUNE 6, 1977 PAGE 7 PdEW PUSIiVESS (COiVTINUED) I' 16 PRESENTATION OF THE PLANS FOR THE ISLANDS OF PEACE PROJEGT� �� Plans presented by Mr. Dunwoody, Architect � PARKS & REC ACTION NEEDED: Work with Foundation on the finalization of building and other development plans in cooperation with the Public Works Department. Also the ' funding approach for these facilities. i � CONSIDERATION OF APPROVAL QF FINAL PLAT SUBDIVISION P� S� #77-02, A REPLAT OF I��ARXEN TERRACE, BY THOMAS E� I��ARXEN; � GENERALLY LOCATED IN THE 1�00 BLOCK OF ONOfdDAGA STREET AND ��ORTH OF �3RD AVENUE � � � � � � � � � � � _ � � � � � � � � � � 1% — 17 A � Final Plat approved. Waived platting and vacation fees and park fees for two of the three lots ENGINEERING ACTION NEEDED: Inform applicant of Council action ' , ' CONSIDERATION OF REAPPROVAL OF ROTTLUND OAKS P�S. #76-�07 �APPROVED �ANIlt�RY 3, 1977) , , , , , � , , � . , � , . , . , , , 18 — 18 a Approved NGINEERING UACTION NEEDED: Inform applicant of Council action , 1 CONSIDERATION OF REAPPROVAL OF CENTRAL TOI�INF{QUSE ADDITION, P,S, #%�—OH �APPROVED DECEMBER 6, 1976) AND CONSIDERATION OF APPROVAL OF TOWNHOUSE PLANS FOR CENTRAL T01�lNHOUSE ADDITION � � � � � � . � � � � � � � � � � ' ' ' ' P.S. Approved and townhouse plans approved with setback change NGINEERING ACTION NEEDED: Inform applicant of Council action �� , , 19-19D r �� '�' REG U LAR MEET I�dG, J UP�1E 6, 1977 f�EW BUSIi�ESS (CO�dTIPlUED) '� CONSIDERATIQN OF REAPPROVAL OF REAL ESTATE IO ADDITION P,S� ��76-11 �APPROVED DECEMBER 2O, 1976), , , , , , , , , , . , '' Approved ENGINEERING ACTION NEEDED: Inform applicant of Council action � � PAGE 8 20-20A1 ' CONSIDERATION OF REQUEST FOR BUILDING PERMIT FOR GODFATHER PI ZZA, %91O UN I VERS I TY AVENiJE i� � E�, PR I OR TO aPPROVAL OF , PLAT, , , , , , , , , , , , , , , , , , , , , , , , � , , , , . 21-21A Approved - Plat to be submitted and park fee paid when building permit is issued _NGINEERING ACTION NEEDED: Inform applicant of Council action , ' ' CONSIDERATION OF APPROVAL OF LICENSES FOR TIRE CITY AT 5333 UNIVERSITY ��VENUE !'��E� AND 8355 Easr RIVER ROAD ��E� �� 22 — 22 � To come to Cit Council at Council Meetin of June 20 1977 Y 9 � unless problem is settled _�GINEERING ACTION NEEDED: Work with licensee, and if they do not solve problems, put back on agenda in two weeks r � , CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMENT AT 6170 KE�RY �ANE, REQUEST BY ��IKE ��BANNON� , . � . . � � � � � , 23 — 23 B Approved GINEERING ACTION NEEDED: Inform applicant of Council action � , � � ■ REGULAR �1EETING, JU��E 6, 1977 I� f�E�J BUSINESS (COi'�lTINUED) PAGE 9 � CONSIDERATION OF FRIDLEY �AYCEES REGIUESTS t�EGARDING STATE SOFTBAL{� TOURNAMENTS � � � � � � � � � � � � � � � � � � � � . � Z4 — 24 C ' Approved request and waived fees PARKS ACTION NEEDEQ: Inform Fridley Jaycess of Council action ,� ' � CONSIDERATION OF A CONTRACT FOR COMPUTER SERVICES C�OINT � POWERS AGREEMEf�T BETWEEN THE CITY �F AN�KA AND CITY OF . FRIDLEY FOR LIGiUOR PERPETUAL INVENTORY AND SALES �iNALYSIS SYSTEM) � . . , . . . . . , , � . � , . . . , . . . . , � , , . , , 25 - 25 F � Contract approved with twa additions requested by Anoka County FINANCE ACTIQN NEEDED: Have corrected contract executed , ' i � F NANCE � RECONSIDERATION OF CLAIM OF �''�R� RONALD RHINENART REGARDING GU I TAR , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Z6 - 26 C Reconsidered and claim denied ACTIQN NEEDED: Claim denied--do not process any claim. �' � DISCUSSION REGARDING CODC QF ETHICS ORDINANCE FOR ELECTED I� OFFICIALS, APPOINTED COMMISSION AND COMMITTEE MEMBERS AND TOP LEVEL CI TY EMPLOYEES , � � � � , � � � � � � � • • • � � � � 2� - 27 K No action. City Attorney to redraft ordinance TY Ai'TORNEY ACTIOfV: Redraft ordinance , ' 11 r REGULAR h1EETING, JU�'dE 6, 1977 �dEV� BUSIfJESS (COi'dTINUED) PAGE 10 � CONSIDERATION OF A RESOLUTION APPROVING FINAL PLANS AND ADDING PROPOSED IMPROVEMENT OF STREETS ONTO EXISTING STREET � IMPROVEMENT PROJECT ST, 1977-1 AND ST� 1977-2, ADDENDUM �Z iCHANGE ORDER �#1) (732 AVENUE �I�EST OF PINETREE LANE) �� 2� — Z$ C Resolution No. 58-1977 adopted GINEERING ACTION f�EEDED: proceed as authorized i 1 1 � , ' �� ' , CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF TNE COSTS THEREOF: SAh.-�TARY SEWER, ��IATER AND STORM SEWER PROJECT �123 �UTILITIES FOR BLOCK BOUNDED BY $IST AVENUE AND 79TH AVENJE, T�H� 47 ar�D MAIN STREET) � � � � � � � � � � � � � � � � � � � � � � � � � Resolution No. 56-1977 adopted INEERING ACTION NEEDED: Proceed as authorized � I'�FINANCE , � � CONSIDERATION OF A RESOLUTION AUTHORIZING TRANSFERS FROM THE PUBLIC UTILITY FUND, THE REGULAR SPECIAL ,gSSESSMENTS FUND AND THE REV�LVING FUND TO W—%S WATER �r�ORKS IMPROVE— MENT BOND FUND,�")ATER REFUNDING BONDS OF 1975 Fu�vD, IMPROVE— MENT BONDS OF 1963 FuND, AND SPECIAL ASSESSMENTS REFUNDING BONDS �JF 19E4 , , , , , , , , , , , , , , , , , , , , , , , , Tabled for staff report ACTION NEEDED: Put back on later agenda with report , , 29 , , 30-30B X 1 REGULAR MEETING, JUPdE 6, 1977 � �dEW BUSIPdESS (COI�TINUED) PAGE 11 ', ONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING � THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 1-5, BLOCK 6, � ONAWAY ADDITION, AND APPORTIONING INTO LOTS 1 AND Z, AND �OTS 3, 4 AND 5, B LOC K 6, �PJAWAY ADD I T I ON ��, 31 — 31 A � Resolution No. 57-1977 adopted FINANCE ACTION NEEDED: Proceed as auth�rized � i APPOINTMENT — ENVIRONMENTAL QUALITY COMMISSIONe � � � � � � � � 3Z � Tabled for two weeks CITY MANAGER ACTION NEEDED: Put back on the agenda of June 20, 1977 � �NANCE � �LAIMS� � � � � � � � � � � � � � � � � � � � � � � � � � � � , 33 Approved ACTION NEEDED: Pay claims as approved � CONSIDERATION QF LICENSING PINBALL ��IACHINES� � � � � � � � � � Staff to report on methods of controlling pinball machines FINANCE ACTION N�EDED: Report back to the City Council � I N� NANCE FINANCE � 34-34A LI CENSES . , , � , , , , , , , , , , , , , , , , , , , , , , , , 35 — 35 E Licenses approved ACTION NEEDED: Issue licenses as approved EST IMATES , , , , , , , , , , , , , , , , , , , , , , , , , , , , 36 — 36 D Esimates approved ACTION NEEDED: Pay esti,nates as approved ADDITIONAL: City Attorney and City Clerk to work on a form for bingo reports ADJOURN: 12:14 P.M. �-� , FRIDLEY CITY COUNCIL MEETING . PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: % i NAME _ -�-_____-_ ___- _ADpRESS-====___ __ _ __ _- ITEM_NUMBER I�i'�-� ° � T �"'° !�__x_ _�_ =a��__�_ _�_a�_ _a_ _o_ _,.__s_ _��= a 0 1 � 5 7 �J �c / � C� ? r �� ' c, �U s' - � � �. � �u „s� � � / )% � // �` � �� J -�_ �—_ � 8 �� a. s��7 �a� FRIDLEY CITY COUNGIL — REGULAR f�IEETING - JUNE 6, 1977 — 7s00 P.M. PLEDGE OF �,LLEGIA�JCE: ROLL CA LL: COIVTIPJUED BOARD OF REVIE�� iEETIiVG — CO�I.TI`�lUED FRO�� 1AY 18, 1977 — 7:00 P, h�, APPROVAL OF �IIf�UTES: REGULAR ��iEETING, i°�AY 16, 1977 ADOPTIOiV OF AGEPJDA: REGULAR MEETING, JU��E 6, 1977 PAGE 2 OPEN FORUM, VISITORS; �� . � . � CONSIDERATION OF ITEMS NOT ON AGENDA - 15 P�1NUTES OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY �BICYCLE, DOGS, ENTERTAINMENT)� � � � � . . . � � � , . � � �� 1 CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER I$ ��CONTRACTORS", SECTION Ig�O3, "REQtJIREMENTS"� .�� 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR STREET AND AL.LEY VACATION SAV #77-01, BY CLIFFORD MISTALSKI; GENERALLY LOCATED AT SSOI 6TH STREET I��E� ��... 3- 3 A � � � REGULAR MEETING, JU�aE 6, 1977 PAGE 3 OLD BUSINESS (COP�TINUED) � CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #%%—OZ, BY THOMAS E� MARXEN , , , , , , , , , , , , , , , , , , , , , , , , , , , , 4 — 4 A • CONSIDERATION OF SECOND READING OF AN ORDINANCE TO REPEAL OLD CHAPTER 3OZ OF THE FRIDLEY CITY CODE, ANIMkL CONTROL AND TO ESTABLISN A PdEW CHAPTER 3OZ OF THE FRIDLEY CITY CODE, ANIMAL CONTROL � � � . . � . . . � . � � . � � � � 5 — 5 G i�E6� BUS I �JESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER II OF TNE CITY CODE OF THE CITY OF FRIDLEY �CARNIVALS, CHRISTMAS TREE LOTS, .JUNK YARDS AND CONTRACTORS)� 6— 6 E � 1 REGUL.AR MEETIN6, JUIdE 6, 1977 PR�E � �Etid BUSIi��ESS (CONTINUED) CONSIDERATION OF FIRST READING OF AN ORDiNANC� TO AMEND ! CHAPTER 1� OF THE CITY C�DE OF TNE CITY 0� FRiDLEY �BILLIARDS) . . . . . . . . . . . . . . . . . . . . . . . . . . % — % B , . CONSIDERATIt�N OF FIRST READING flF }�N �RDI�1�iNCE TO AMEND • CHAPTER li OF 7HE CITY CODE �� TH� �I�Y D� FRIDLEY iMULTIPLE DWELLI�iGS) . . . . . . . . . . . . . . . . . • . . • H — S C CONSIDERATION OF �IRST RE�1D�;�G 0� :AAI DRDI�I�AN�E �1�E�lDING CHAPTER ll, "LICENSES" �ERT#�IN�N� T� �'�INIi�� i�NiIT ��ES AND LAND ALTERAi I �N PER�II�' �� . �, � a . . � � , • • � • � J a � � — � � RECE i V i fVG THE ��ii N�TES D� T�� L�Nt� I'Ri� ��'P�1�II �� I DN i��E�I'NG OF �`'IAY 1$� ��! 1� � • s • • � y • • � � a r r + y y � a • • � s3D 1.D �A i. R. �7�ten, ZOA #77-D2, 17�b �ly �tr��._..___._.__._._.._». a1)-1D�1 Pla�ninq �ommiss�on �teca�arren�ia�ian: ��v� � �'DX Council Act�on Required: S�t p�bli� :��ri�n� �ar �uty �s, �9�� 0 REGULAR ��EETI��dG, JUP�jE 6, 1977 , . fVE��J BUSINESS (COUTI(JUED) � EPLANNING COMMISSION ��IINUTES CONTINUED) 2. Teen Center Request for $200 .... ........................... lOK & l0Y Human Resources Comm. Recommendation: Approve Planning Comm. Recommendation: Approve Council Action Required: Consideration of recommendation 3. Fridley United Methodist Church, SAV #77-04 ................. lOL-lOM Planning Corrwn. Recommendation: Approve with stipulation & lOZ Council Action Required: Set public hearing for July l8 4. Gary Peterson Yariances; 1326-1328 and 1344-1346 Osborne Road.................................................... .. lOS-lOW Appeals Comm. Recommendation: Approve & lOAA Cauncil Action Requi•red: Delay, for consideration with rezoning request PAGE 5 RECEIVING THE MINUTES OF THE CATV COMMISSION P�EETING OF APR I L Z�, 1977 . . . . . . . . . . . . . . . . . . . . . . . . . 11 — 11 F � 0 - REGULAR �`iEETING, JUhJE 6, 1977 PA�E 6 fdEW BUSINESS (CONTINUED) RECEIVING THE ��1NUTES OF THE CHARTER COMMISSION MEETING oF FEBRUARY �.5, 1977 , , . , , . , , , � . , , . . , , . . . . , 12 - 12 E RECEIVING THE i��1NUTES OF THE CHARTER COMMISSION I��EETING oF �1a�cH 15, 1977 , , , , , , , , , , , , , , , , , , , , , , , , 13 - 13 D RECEIVING THE ��IINUTES OF THE CHARTER COh1MISSION MEETING OF APR I L I9, 1977 . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 A RECEIVING THE i�{II�UTES OF THE POLICE �IVIL SERVICE �OMMISSION MEETING OF �IaY 17, 1977 . . . . . . . . . . . . . . . . . . . . . 15 - 15 A , REGULAR r1EETI�dG, JUNE 6, 1977 �' PAGE 7 NEW BUSINESS �COiVTINUED) , PR SENTATION OF T E PLANS FOR THE ISLANDS OF PEACE PROJECT, ,, 16 E H � � CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P�S� #7%-OZ, A REPLAT OF ��ARXEN TERRACE, BY THOMAS E� I�ARXEN; GENERALLY LOCATED IN THE 1600 BLOCK OF ONONDAGA STR�ET AND P�ORTH OF �3RD AVENUE. � . � � . � . � . � � � � . � � � . . � � CONSIDERATION OF REAPPROVAL OF ROTTLUND OAKS P�S. #�6-O� �APPROVED �ANUARY 3, 1977) , f � � � � � � � � � � � � � � . � � CONSIDERATION OF REAPPROVAL OF CENTRAL TO��VNHOUSE ADDITION, P�$� #%6-O$ �APPROVED DECEMBER 6, 1976) AND CONSIDERATION OF APPROVAL OF TO'�VNNOUSE PLANS FOR CENTRAL TOWNHOUSE ADDITION � � � � � � � � � � � . � � � . � � � � . � � • 17-17A I 18-18A1 19-19D1 � REG ULAR MEET I PJG, J UP�IE 6, 1977 PAGE 8 (�EW BUSIi�ESS (CONTICfUED) CONSIDERATION OF REAPPROVAL OF REAL ESTATE IO ADDITION P,S, �%6-11 �APPROVED DECEMBER 20, 1976), . , , � , . , , , . , 20 - 20 A CONSIDERATION OF REQUEST FOR BUILDING PERMIT FOR GODFATHER PIZZA, %9�.0 UNIVERSITY AVENUE i��E�, PRIOR TO APPROVAL OF PLAT � � � � Y � � � i e e � i � � � � � � i a � � � � � � � � � �� - 21 A CONSIDERATION OF APPROVAL OF LICENSES FOR TIRE CITY AT 5333 UNIVERSITY AVENUE I�.E� A��D 8355 EasT RIVER ROAD �� ZZ - 22 � CONSIDERATION 0� APPROVAL OF AN EASEMENT ENCROACHMENT AT 6170 KERRY �ANE, REQUEST BY MIKE O�BANNON� � � , . . � � � � . � 23 - 23 B 0 REGULAR �1EETINGI JUP�E 6, 1977 PAGE 9 f�E�J BUSINESS (COi'��TIP�UED? . � CONSIDERATION OF FRIDLEY .JAYCEES REQUESTS REGARDING STATE SOFTBALL TOURNAMENTS � � � . . � � � e e � . � . � � � � � � . � 24 — 24 C CONSIDERATION OF A CONTRACT FOR COMPUTER SERVICES (�OINT POWERS AGREEMENT BETWEEN THE CITY OF ANOKA AND CITY OF FRIDLEY FOR LIQUOR PERPETUAL INVENTORY AND SALES ANALYSIS SYSTEM) � � � � � . � � . � � � � � � � � � � � � � � � � � � � . 25 - 25 F RECONSIDERATION OF CLAIM OF ��R� RONALD RHINEHART REGARDING �U I TAR � � � � . � . � � � � � � � � � � . � � � a � � . � � � � 26 — 26 � DISCUSSION REGARDING CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION AND COMMITTEE MEMBERS AND –- TOP LEVEL CITY EMPLOYEES. . � . � � . . � � . � . � � � � � � � Z% - 27 K I�'� � REGULAR h1EETING, JUiJE 6, 1977 PAGE 10 �,� � tJE�� BUSItJESS tCO�dTINUED) � CONSIDERATION OF A RESOLUTION APPROVING FINAL PLANS AND ADDING PROPOSED IMPROVEMENT OF STREETS OI�TO EXISTING STREET IMPROVEMENT PROJECT $T, 1977-1 aND �T, 1977-2, ADDENDUM �F2 CCHANGE ORDER �1) (%3� AVENUE �1�EST OF PINETREE LANE)� .��.� Z$ - 2$ C � CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SANITARY SEWER, �IATER AND STORM SEWER PROJECT �1Z3 (UTILITIES FOR BLOCK BOUNDED BY $I,ST AVENUE AND %9TH AVENUE, T�H. 4% AND MAIN STREET) � � � � � � � . � � � � � � . � . . .. . . � . . . � Z9 CONSIDERATION OF A RESOLUTION AUTHORIZING TRANSFERS FROM THE PUBLIC UTILITY FUND, THE REGULAR SPECIAL ASSESSMENTS FUND AND THE REVOLVING FUND TO W-7S WATER WORKS IMPROVE- MENT BOND FUND,G'JATER i�EFUNDING BONDS oF 1975 FuNn, IMPROVE- MENT BONDS OF 1963 Fun�n, AND SPECIAL ASSESSMENTS REFUNDING Botvns oF 1964 , , , , , , , , , , , , , , , , , , , , , , , , , , 30 - 30 B I'1 1 REGULAR MEETING, JUPJE 6, 1977 PAGE 11 ��EW BUSIPdESS (CO�VTI�JUED) CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 1-5, BLOCK 6, ONAWAY ADDITION, AND APPORTIONING INTO LOTS 1 AND 2, AND �OTS 3, 4 AND 5, BLOCK 6, �NAWAY ADDITION� �� 31 — 31 A . APPOINTMENT - ENVIRONMENTAL QUALITY COMMISSION. � � � � . � � � 3Z _ _ �LAI MS � � � . . . � � � . . . . . . � � � � � � � . � � � � . � 3� �ONSIDERATION OF �ICENSING PINBALL ��ACHINES� � ��.��.� 3� — 34 A LI CENSES , , , , , , , , , , , , , , , , , , , , , , , , , , , , 35 — 35 E ESTIMATES. , , , . . . , . . �. � . . . . . . . . . . . . . . . . . 36 — 36 D ADJOURN: 0 , ' ' . ' CONTINUED BOARD OF REVIEW MEETING ' (Continued from r�ay �$, 1977) (Minutes are in separate folder) � � , ' � �� ,' � � ' ' � �i i ' ' ' ' � � ' ' ; .44 n THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 16, 1977 The Regular Meeting of the Fridley City Council of May 16, 1977 was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: . Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEM�ERS ABSENT: None PROCLAMATION: Mayor Nee read a Proclamation proclaiming the week of June 19 - 26, 1977 as "Fridley '49er Week." He stated it would be forwarded to the '49er's for their use. APPROVAL OF MINUTES: REGULAR MEETING OF MAY 2, 1977: MOTION by Councilwoman Kukowski to approve the minutes. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINC MEETING OF MAY 9, 1977: MOTION by Councilman Schneider to approve the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENOA: Mayor Nee stated he would like to add two items as follows: (1) Correspondence from Michael Paripovich regarding his resignation from the Environmental Quality Corrnnission and (2j Discussion of Bingo Reports. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORU�1, VISI70RS: REIM[3URSEPIENT FOR GUITAR: Mr. Thomas J. Kigin, the attorney representing Mr. Ronald Reinhard, appeared before the City Council regarding payment for a guitar which belonged to Mr. Reinhard and was sold at the Police auction. Mr. Kigin stated, when Mr. Reinhard was arrested by the Fridley Police Department in January of 1976, his guitar was confiscated and was not returned to him. He further stated, when Mr. Reinhard was sentenced to prison in October of 1976, he called to see when he could pick up his guitar and was informed the guitar was sold at the annual Police auction. Ne advised that Mr. Reinhard contacted him for his help and he has contacted Mr. Brunsell, Finance Director, and made the necessary notice of claim to the City. He felt a reasonable effort was not made to try and contact either Mr. Reinhard or his mother, before the guitar was sold; which is required by ordinance. Mr. Kigin stated he called music stores to determine what the guitar was worth and the price given was $219. He requested payment be made in this amount to Mr. Reinhard. He felt the guitar was lawfully taken, but with the understanding it would be returned to Mr. Reinhard. The attorney stated the make of the guitar is an Ames strato-gaster and Third Store Music in Wayzata sells this brand. 0 �• REGULAR MEETING OF MAY i6, 1977 - PAGE 2 ' Mr. Qureshi, City Manager, stated that'if the facts stated by the Attorney are correct, then it should be determined what a reasonable figure would be for reim- bursement. He stated about $48 was received for the guitar at the Police auction. ' M07ION by Councilwoman Kukowski to authoriie payment in the amount of $171 to Mr. Reinhard for the guitar. Seconded by Councilman Hamernik, }' Councilwoman Kukowski felt ths Police Pension Association should make the decision, if they wanted to give Mr. Reinhard the $48 they received for the guitar. The City Attorney, Mr. Herrick, felt the matter should be resolved by the Council so it would not be necessary for Mr. Kigin to also appear before the Police Pension Association. 45 MOTION by Councilwoman Kukowski to amend the above motion to reimburse Mr. Reinhard for the value of an Ames strato-gaster guitar in the amount of $219. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ISLANDS OF PEACE LEASE AGREEMENT: Mr, Ed Wilmes appeared before the Council regarding the Islands of Peac e lease agree- ment. • He stated the Islands of Peace project has become one of the most unique parks, not only in Minnesota, but i� the entire country, and requested the Council extend the lease agreement. He felt, as an individual, the persons connected with the Islands of Peace project have given performance that should pe given consideration. He further stated, in recent weeks, they had calls for reservations from al] over the entire State. He advised that by June or July, $25,000 for improvements and construction will have been spent for the Isiands of Peace project and hoped the Council will take �, a11 these facts into consideration when acting on the lease agreement. COMPLAINT - HOLIDAY VILLAGE CARTS AND DEBRIS: Mr•. Otto Tauer, 5866 2nd Street N.E., appeared before the Council regarding the carts and debris from the Holiday Village Store. Mayor Nee advised Mr. Tauer this item was on the Council's agenda this evening, Mr. Tauer then stated he would corr�nent when the item was considered by Council. PUBLIC HEARINGS: IC HEARIN6 ON FINAL PLAT SUBDIVISION P.S. #77-OZ. A REPLAT A ' MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public ' Hearing opened at 7:57 p.m. � I i l Mr. Sobiech, Public Works Director, stated this is a request for a replat located between Onandaga Street and 73rd Avenue, generally in the 1600 block. He explained the replat is requested because of the Deleie�Addition plat. The residents abutting Stinson indicated the desire to have the roadway improvement a certain distance farther to the west than the present right-of-way. Mr. Sobiech stated the replat would cover the existing two lots which are generally located to the north and south of the extension of 732 Avenue and combine these with a vacation of 7372 Avenue in order to make three lots. Mr. Sobiech stated a public hearing was held before the Planning Commission on April 20 and no objections were raised. The Corrunission recomnended approval of the plat with the understanding that due to certain lot depths, particularly Lot 2, a front yard setback of 30 feet be incorporated into the plat approval. Mr. Sobiech stated the Council has a letter from Mr. Marxen in which he requests consideration be given for waiving of the plat fee and vacation fee; because it is his feeling, due to the recent changes in the street pattern, the City is more or less directing this replat and vacation. I � � I , I ' , � I ' � , � '__ I ' I � � ' : 46 REGULAR MEETING OF MAY 16, 1977 PAGE 3 Councilman Schneider questioned the replat fee and vacation fee. Mr. Sobiech stated the plat fee is•$310 and vacation fee i.s $80. Councilman Schneider asked if these fees were paid in 1970 when the original plat was approved. Mr. Sobiech stated the platting fee was paid and certain easemen�s were given up at that time for the fee of $l. No persons in the audience spoke for or against this replat of Marxen Terrace. MOTION by Councilman Schneider to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:05 p.m. PUBLIC HEARING ON STREET AND ALLEY VACATION REQUEST SAV #77-02, BY THOMAS E. MARXEN; GENERALLY LOCATED SOUTH Of ONONDAGA STREET AND NORTH OF 73RD AVENUE N.E.: � MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all vating aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:05 p.m. � Mr. Sobiech stated this is a request to vacate the existing right-of-way for Marxen Terrace in conjUnction with the replat item which was just discussed by the Council. A public hearing was held before the Planning Commission and no objections were raised. ', Mr. Sobiech stated persons in the area seemed in favor of this vacation request. � � �i 1 No persons in the audience spoke for or against this vacation. MOTION by Councilwoman Kukowski to close the Public•Nearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:08 p.m. OLD BUSINESS: 647 - ESTABLISHING CHAPTER 602 OF THE FRIDLEY CITY CODE ENTITLED " Mayor Nee referred to Subdivision 3 of the ordinance regarding temporary license - fees and questioned if it permits neighborhood parties, and licenses for private organizations to hold events. - Mr. Herrick, City Attorney, stated language in this ordinance is taken from the ' State Statute and on issuing licenses for beer and intoxicating liquor, it will be necessary to use the State Statute. He also pointed out that a permit to sell beer can be issued to an organization who is obtaining a license for a certain event. ' Mayor Nee questioned neighborhood groups who meet and beer is consumed with everyone contributing. Mr. Herrick indicated this would not be a sale, but a cooperative effort. When persons get together and contribute a certain amount to purchase beer for the group it would not be a sale or gift. ' , � ,. , Mr. Herrick stated much time has been spent on this ordinance, starting with a model ordinance from the League, and wondered about the objections coming from the Planning Comnission. He further indicated the Planning Commission's concerns on search and seizure is very corrmon. He stated non-profit organizations could get a temporary license to sell beer, as provided in the ordinance. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 647 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 648 - AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE TO AUTHORIZE A ONGRESSIONALLY CH RTERED VE ER NS G NI T N 0 SELL LIQUOR ON SUNDAYS: MOTION by Councilwoman Kukowski to waive the second reading of Ordinance No. 648 and adopt it on the second reading and pub1ish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 649 - ADOPTING CHAPTER 212 ENTITLED MINING, AND REPEALIN6 PRIOR CH PTER 2 ENTI LED MINING SAND ND C, MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 649 and ' __ � __ _ --_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _. ___ ___.. _. REGULAR MEETING OF MAY 16, 1977 0 . � PAGE 4 adopt it on thz second reading and pubTish.. Seconded by CounciTwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVING THE BIDS AND P,ESOLUTION N0. 50-1977 - AWARDING THE SALE Of 51,115;000 GENERAL OBLIGATION SPECIAL r,�.� UCL1YCttt n�vv rrc�uiuiivu rurc IfIC1K t'HTlntl`!I: Mayor Nee advised the City opened bids for the sale of $1,115,000 General Obligation Special Assessment Fund Bonds at 7:00 p.m. this evening and the bid results have been tabulated. Mr. Eh7ers of Eh7ers and Associations, Inc., financial consu7tants for the City, stated four bids were received for the sale of these bonds, the low bidder being Continental Illinois National Bank and Trust Company of Chicago, Illinois at a net interest rate of 4.54205% and net interest cost of $310,506.30. Mr. Ehlers stated this is the first time the City has had a AA rating. Ne stated the best rating is AAA which is reserved for larger cities and stated there are very few AA ratings. He felt it was a significant tribute to the City of Fridley. Mr. Ehlers stated the sale is favorable compared with bond sales in the last few months and would not hesitate to recommend the ]ow bid be accepted from Continental Illinois Nationai Bank and Trust Company of Chicago, Illinois. Net Interest Cost Net Interest Rate Banc Northwest Minneapolis, Minnesota $313,681.88 4.5885% Juran & Moody, Inc. St. Paul, Minn. $315,832.50 4.6199� Continental Illinois fJational Qank and Trust Co. of Chicago, Ill. $310,506.30 4.54205% Allison-Williams Company Minneapolis, Minn. $317,112.75 4.6386% MOTION by Councilwoman Kukowski to receive the above listed bids. Seconded by Councilman Schneider. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously. . Mr. Ehlers requested the Council consider a resolution to award the bid to Continental Illinois National Bank and Trust Company for the sale of these bonds. MOTION by Councilman Hamernik to adopt Resolution No. 50-1977 awarding the bid to Continental Illinois National Bank & Trust Company of Chicago, Illinois. Seconded by Councilman Schneider. Councilman Schneider stated the bonds they are issuing combines severai assessment funds and asked about the amount the City would be saving by combining these, Mr. Brunsell explained as far as savings, it is a question of when the City would go out for permanent bonds and it is anybody's guess what the interest rates would be at that time. Mr. Ehlers felt very strong7y there is very litt7Q chance that interest rates wili go down and there is a substantial chance for them to increase. He felt the City could not do better than this interest rate. He stated the interest rate received was partly because of Fridley's standing in the market as evidenced by the AA rating. Mayor Nee questioned Mr. Ehlers as to what other cities have a AA rating, to which Mr. Eh]ers named about ]2 other cities. Mayor Nee congratulated the staff for their accomplishment in obtaining this new bond rating. UPON A ROLL CALL VOTE ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. ' � � !� ' L� > � ' , � � , � ' . �. � , f li � REGULAR MEETING OF MAY 16, 1977 RECEIVING PETITION #5-1977 REQUESTING ELIMINATION OF H�IZARDS CAUSED BY MENARDS CASHWAY LUD9BER LOCATED AT 5351 CENTRAL AVENUE N.E.: PAGE 5 MOTION by Councilman Schneider to receive Petition No. 5-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. '� ' Mr. Sobiech stated the City received the petition several weeks ago regarding concerns of residents on the Menard's retail operation. These concerns were as follows: 1. Fire hazard to adjoining residential property due to lack of access to wooded ' high hazard areas. 2. The illegal expanded use within the C-1 Zone from retail commercial to distri- butive industrial. 3. The illegal noise pollution and devaluation of property of adjacent landowners' � ' real estate. 4. The traffic hazard created by the illogical routing from 53rd Avenue N.E. to the service road to Fillmore Street N.E. ' Mr. Sobiech stated, regarding Item l, the Fire Department did make an inspection and indicated they really did not see any unusual problem for operations of this nature. As far as Item 2, the property, as presently exists, is zoned C-2S which allows an operation such as Menard's. They do not manufacture their products, but receive them and distribute them. Mr. Sobiech then reviewed a history of the zoning of this property. He stated it seems the main operation is retail, therefore, it does meet the zoning code. ' In regard to Item 3, the illegal noise apparently has been a p•roblem as some work end oper.ations take place in the store yard area until 2 or 3 o'clock in the morning. Mr. Sobiech stated Mr. Larry Menard is present to respond regarding the operation , of the facility. Mr. Sobiech also stated there is a public address system whereby � messages are transmitted to persons in the yard. He stated in January, 1977 there �' was a complaint; Menard's were contacted and steps were taken to turn down the public address system. Mr. Herrmann, City Assessor, replied to the item on devaluation of property of adjacent � landowners' real estate. He stated the City does take into account that property adjacent to commercial areas does reflect a lower market value, but it does not mean values are reduced, as the property gets older; since with the rate of inflation, values go up in that area as well as other areas. r In response to Item 4, Mr. Sobiech stated the Ci�ty is presently pursuing the improvement of the traffic situation. Mr. Sobiech stated certain channelizations will be provided in this area to direct traffic in a safer manner and improvement will be made of the intersection at 53rd and Central Avenues. He stated, hopefully with these improvements, the concerns of the residents as covered in Item 4 will be eliminated. As far as Items 1, 2, and 3, the staff has iridicated they find no violation of the City Code. ' Mr. John Candell, Attorney representing Menard's stated he and Mr. Menard are here this evening principally because they are concerned and questioned if steps can be ' taken to alleviate the problems. Mr. Candell stated they were aware a petition was � being submitted, but not exactly what it contained. � � Mr. Candell asked the residents what they considered a fire hazard. Dr. Heggestad, 1258 Skywood Lane, stated he and Mr. Menard have walked the property and agreed they had a common problem with debris. Mr. Candell stated the Fire Inspector has indicated the access was good to the area. ' Dr. Heggestad stated they have had a number of fires in this area over the years he has lived there. He felt if there would be a fire and a southwest wind, it could litterly gut his whole block. He stated the residents are most anxious to work with � Mr. Menard in trying to solve these problems. � Dr. Heggestad felt if a business is a retail operation,'then it should have certain restrictions as to hours. He stated. he has contacted Mr. Menard at 2:00 a.m., � , i__.. __ _ . _. • REGULAR MEETING OF MAY 16, 1977 � �Y .7 PA�E 6 regarding the noise, h�ping to get across that people do not want to be kept awake in the neighborhood. Dr. Heggestad's main concerns were the fire hazard because of the debris and the noise from Menard's operation. Mayor Nee questioned if the loud speakers could be turned in another direction to eliminate some of the noise. Ms. Mary Matthews, 1259 Skywood lane, stated Menard's have had two expansions and wondered why residents were not notified. She further stated a realtor has advised her it would be difficult to sell her property because of the loudspeakers. • Mr. Herrick, City Attorney, indicated he did not specifically know what expansions they were referring to since it was the opinion of the staff the property is properly zoned for that use and reading the ordinance, he would agree this is correct. He stated there might be other considerations on whether the operation is too large for the site, but criteria there would be the size of the building in comparison with the total lot size. Councilman Fitzpatrick asked in what zoning category is a lumber yard permitted and Mr. Sobiech replied in a M-1 zone. Mr. Candell stated the fire hazard is as much a hazard to Menard's as well as the residents. He staied he would like an opportunity to discuss the problems of noise to see if they can be eliminated. Councilman Schneider verified the noise problems are the loudspeakers during the day and transport trucks at night. Mr. Herrick, City Attorney, suggested t'rzere might be a cut off time on deliveries and possibly to consider a beeper system instead of the loudspeaker system. Ms. Matthews again q;�estioned the expansion of Menard's. Mayor Nee ir,dicated this question regarding the degree of intensity of the operation was not covered in the staff report and will have to be researched. As Mr. Candell indicated, they are interested in meeting with the residents to discuss the problems. Mayor Nee suggested they may wish to meet at this time in the Cormnunity Room and report back to the Council later in the meeting as to their progress. Dr. Heggestad thanked Mr. Sobiech for all his work in presenting this matter to the Council. DISCUSSION WI7H HOLIDAY VILLAGE NORTH: OPERATION AND MAINTENANCE OF THEIR fACILITY: Mr. Sobiech stated complaints were received from residents in the area of the Hoiiday Village Store about carts being left in this neighborhood. Comments were also received about debris, from the Holiday Village operation, blowing throughout the adjacent residential area. Mr. Sobiech stated Holiday Village was contacted and they have indicated they do have maintenance operations which reouire that in certain time periods, the neighborhoods are checked for carts. Also, they have a maintenance operation for picking up litter. Mr. Otto Tauer, 5866 2nd Street N.E., stated he has called Holiday to come and pick , up the carts left near his residence and sometimes they are pieked up and sometimes they aren't. He stated he has talked with the security officer, Mr. Durand who stated, if they catch anyone taking the carts oif the Holiday premises, they will be arrested. Mr. Tauer stated he has found out they cannot do a thing about arresting these people because of the value of the carts. Mr. Tauer felt construr.tion of a fence at the north and west ends of Holiday would greatly help to control the debris. He further stated ; the City of Coon Rapids has an ordinance stating the carts must stay in the building. Mr. Johnson, Manager of Holiday Village, stated they recognize the problem with the carts. It has been a continual problem for 10 years and they really do not know how to resolve it. Ne indicated Holiday spends $200 a week to have someone pick up the carts taken off the premises. He stated signs were posted to leave the carts on the premises, but tf�ese do not solve the problem. He stated, during the last two months, someone goes out every rnorning between 8 and 9 a.m. to pick up carts. Mr. Tauer stated the carts are not picked up and some of them are there for days and even , months. L _J' L� � � CJ � � , , � r r , � � � i _ . _— ----___ __ __ _:._ _ _ _ _ _ .I � � _ __ ._. . _ . _., _ _- _ _ � I � ,� � � � � � � �� ' ' �� n REGULAR MEETING OF MAY 16, 1977 PAGE 7 Regarding the debris problem, Mr. Johnson stated the lot is swept three time a week and about 56 manhours per week are spent in cleaning the lot. He stated the debris is also a constant problem. • , • Mr. Johnson indicated they plan to landscape this year, but did not intend to fence on the north or west ends of their property. Mr. Nerrick, City Attorney, suggested Holiday might be required to post notices that it is improper or illegal for persons to take carts off the property and it is a misdeameanor, either by company policy or City ordinance, if they take the carts off the property. Mr. Herrick stated Mr. Tauer's comment that because of the value of the carts, no action could be taken to prosecute, is untrue. He stated, such as in the case of shoplifting, a person can be prosecuted for less costly items than the carts. Councilman Fitzpatrick felt the possibly of fencing should be investigated, as he felt to the west of the property it would be effective. He indicated the fencing to the north may be a problem because of the many entrances into the Holiday store. He stated containing the debris is the problem, since no matter how often the lot is cleaned, debris can blow away in a matter of minutes. He felt fencing Nrould be a partial soluti6n. Mayor Nee indicated he was in agreement with Mr. 7auer regarding the debris. Mr. Herrick stated the Council has required business establishments directly to the north of Holiday to provide fencing and would see no reason why a three foot redwood fence worked into the landscaping could not alleviate a good portion of the problem. Mr. Sobiech, Public Works Director, asked Mr. Johnson if Holiday would be willing to look at some plans for incorporating fencing in their landscaping. Mr. Johnson stated they would be willing to discuss it. Mr. Sobiech asked Mr. Tauer if he had noticed any improvement in the last two months since carts are being picked up. Mr. Tauer stated he has seen no improvement and felt redwood fencing would not solve 'the debris problem. Ma�or Nee questioned if containers were provided for the trash. Mr. Johnson indicated there were two containers at each entrance. Mayor Nee asked P1r. Johnson to come back in about six weeks to see what could be worked out with the staff or what progress has been made to solve the problem. Mr. Nick Garaffa, 6750 Monroe Street N.E., felt fencing was an expensive operation and not knowing if it would solve the prob7em, he suggested perhaps putting a temporary snowfence along Main Street to see if it would catch some of the debris. Mayor Nee indicated the snowfence is designed to carry things over to the other side and, therefore, would not be of any use in this instance. Mr. Tauer stated if there are any doubts on whether a fence on the north and west sides will catch litter, just to take a look at the fence that exists now. He felt it helps greatly to control debris. Mr. Johnson is to meet with staff regarding this matter and come back to the , Council in about six weeks for a report and possible solution. ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-02, BY THOMAS E. MARXEN: MOTION by Councilman Schneider to waive the.reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec1ared the motion carried unanimously. REGULAR MEETING OF MAY 16, 1977 . j? PAGE 8 CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACA7ION SAV #7 -Ol BY CLIFFORD MISTALSKI; GENERALLY LOCATED AT 580 6TH STREET N.E.: Mr. Sobfech, Public Works Director, stated a public hearing was held by the Counci] on this vacation request. The Planning Cor�nission also held a public hearing and no objections were raised regarding the vacation. ! Mr. Sobiech stated the question was raised of a walkway easement and he advised there is such an easement on a portion to the south of the subject vacation. He stated the only stipulation is that a 10 foot easement be maintained for watermain purposes. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried urranimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE APtENDING CHAPTER 18 "CONTRACTORS", SECTION 18,03 "REQUIREFIENTS": Mr. Sobiech, Public Works Director, stated, in reviewing contractor's license fees for the City, it appears the insurance requirer�ents are low; therefore, it is requested Council give consideration for first reading of this ordinance to change the requirements for contractor's insurance to more appropriate and up-to-date figures. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon its first read�ng. Seconded by Councilwoman Kukowski. Upon a voice.vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. There was a question raised on when this would go into effect and if it wouid apply to new licenses and renewals. Mr. Herrick stated this could be written into the ordinance. , CONSIDERATION OF FIRST READI E TO REPEAL OLD CHAPTER 302 OF THE FRIDLEY Councilman Schneider clarified that under Section 302.15, Item 4, the 200 foot dog run applies only to dog kennels. , Eouncilman kukowski asked correction of the typing error under Section 302.15, Item 8, the word should be "quiet", not "quite". Mayor Nee questioned Section 302.07, the last paragraph and the words "or as otherwise provided by law". Mr. Herrick, City Attorney, stated this would apply when the Animal Control Officer is in oursuit or in observance of a violation. Councilwoman Kukowski questioned that "premises" would mean in the yard area, not inside a residence. Mr. Herrick stated, technically, the Animal Control Officer might have the right to enter, but probably woald not as a practica] matter. Councilman Fitzpatrick stated this ordinance provides that the Animal Control Officer may enter upon any public or private premises and is allowable and perhaps it shouldn't be. Mr. Herrick felt if there was concern on the Council's part, instructions could be given as to what the rights are and limitations. Councilman Hamernik asked staff to expand onthe definition of Animal Control Officer in the first paragraph. Mr. Qureshi, City Manager, felt the whole section could be eliminated, but it becomes a question if the Council wants an effective animal control ordinance by giving some reasonabte powers to enforce the or•dinance. Councilman Schneider questioned if some information could be provided to the Animal Control Officer regarding the enforcement and limitations. � I � I � , I � I r � �. � , � � � , ' . �, � 52 REGULAR MEETING OF MAY 16, 1977 0 i PAGE 9 Mr. Herrick, City Attorney, stated something could be drafted for discussion. ' M07ION by Councilman Hamernik to waive the'reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. ' MOTION by Councilman Schneider to amend the above ordinance by changing Section 302.02 as follows: "It shall be unlawful for any person, or for the parents or guardians of any person under 18 years of age, who owns, harbors, or keeps a dog, to allow such dog, , regardless of age of dog, to run at la.roe in the City of Fridley." Seconded by Councilwoman Kukowski. MO7ION by Councilman Schneider to strike the word "snowmobiles" under Section 302.03, Item 6. Motion withdrawn.by Councilman Schneider. MOTION by Councilman Schneider to amend Section 302.041 as follows: "A permit and animal tag shall be required for a dog or other animal of canine species to be maintained within the City of Fridley." Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to amend Section 302.064 by adding the word "no" after the word City at the end of the third line. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE taken on the above three amendments, all voting aye, Playor Nee declared the motf:ons carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, �1ayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY Of FRIDLEY: Mr. Brunsell, City Clerk, stated this ordinance would change the dog license fees and entertainment license fees. _ MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon its first reading. Seconded by Councilman Schneider. Mr. Qureshi, City Manager, stated the new license fees will not cover the administrative costs involved. Councilwoman Kukowski felt, however, if the licenses were not issued for the entire year, residents would not obtain the necessary license. UPON A VOICE VOTE TAKEN ON THE t10TI0N, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMISSION MEETING OF MAY 4, 1977: The Council received the minutes of the Planning Commission Meeting of May 4, 1977 and considered the following items: 6ARY PETERSON ZOA #77-01; 1316-28 OSBORNE ROAD, 1344-46 OSBORNE ROAD AND 1345-47 MEADOL+IMOOR DRIVE AND 1331-33 MEADOWMOOR DRIVE: MOTION by Councilman Schneider to set a public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated at the last Appeals Co�nnission meeting, there apparently was a consensus of a different rezoning other than what was originally proposed. He questioned how the legal notice should be published for the public hearing. Mr. Herrick, City Attorney, indicated the notice can state it is rezoning to R-2 and R-1. REGULAR MEETING OF MAY 16, 1977 PAGE 10 5 `3 Mr. Sobiech stated correspondence was received from Mr. Peterson this evening. Mayor Nee indicated they would receive this information at the time of the public hearing on June 13. Mayor Nee also requested a typed copy of the names of the persons signing the petition be furnished at the time of the public hearing. Councilman Schneider also noted the names of the persons voting for or against this item were not listed in the Planning Corimission minutes. IWEN TERRACE, P.S. #77-03, A.T. 6EARP1AN: MOTIQN by Councilman Schneider to set the publ�c hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NORTON AVENUE HOMESITES, P.S. #77-04, WYMAN SMITH: MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared 1;he motion carried unanimously. APPEALS COMMISSION MEETING OF APRIL 26, 1977: MOTI.OPV by Councilwoman Kukowski to receive the minutes of the Appeals Commission Meeting of April 26, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CRAIG WILLEY, 6694 FRIDLEY STREET N.E.: Mr. Sobiech, Public Works Director, stated this is a request for four variances on property located at 6694 Fridley Street. The variances requested are as follows: (1) To reduce the minimum lot area from 7,500 square feet to 5,220 square feet; (2) 7o reduce the rear yard setback from 33.75 feet to 25 feet; (3) 7o reduce the minimum lot width from 50 to 40 feet; and (4) To reduce the street side of a corner lot from 17.5 feet to 4 feet. Mr. Sobiech stated numerous discussions were held at the Appeals Corrmission Meeting and their vote was to deny this request. In response to a question by Councilman fitzpatrick regarding 67th Avenue, Mr. Sobiech indicated it is not vacated. Mr. Willey appeared before the Council and stated, basically, this is a repetition of a request made in 1973 when he tried to find some means of making this lot buildable for a single family residence. He explained the difference in this request from the one made in 1973 is that he would meet the standard setback requirement on the south side. Mr. Willey indicated he would like to make this lot buildable which he felt would be benefical to both the City and himself. Mr. Dennis Drevniak, 6684 Fridley Street N.E., indicated he was opposed to this variance. He stated a petition was presented to the Commission and most of the neighbors in the area are opposed to the variance. He indicated they would not be in favor of a 40 foot lot. Councilman Schneider felt the Council has taken a strong position on 40 foot. lots to not encourage deveTopment and, therefore, he would not be in favor of this variance. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Comnission and deny the following four variances: (1) Reduction of lot size from 7,500 square feet to 5,220 square feet denied, because of overcrowding of the lot in a residential neighborhood; (2).Reduction of rear yard setback �I I � , �� i , I � I 5� REGULAR MEETING OF MAY 16, 1977 _ . . . .. _.... ; - ._....Z. ..._..._ ._.._ . . PAGE 11 from 33.7� to 25 feet - denied, because the lack of rear yard space would be a detriment to the neiyhborhood; (3) Reduce the minimum lot width from 50 to 40 feet - denied, because of excessive overcrowding on a n0 foot lot; and (4) Reduce side yard setback from 17.5 to 4 feet - denied, as it would disturb elements of the house to the west. Further, the variances would effectively prevent any future use of the easement, if a home is situated within four feet of the easement. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called by Mayor Nee at 10:32 p.m. RECONVENEO: The Council r•econvened at 10:42 p.m. Al1 Councilmembers were present. REPORT ON RESIDENTS' AND MENARD'S DISCUSSION PIEETING: Mr. Sobiech, Public Works Director, stated there apparently was some agreement reached with Menard's and the residents regarding their complaints of the loudspeaker system, debris and delivery trucks. Mr. Sobiech stated the staff will check back with them in a few weeks to see if the problems have been resolved. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF APRIL 27, 1977: MOTION by Councilwoman Kukowski to receive thQ minutes of the Cable Television Corr�nission Meeting of April 27, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RFAPPROVAL OF INNSBRUCK VILLAGE SECOND ADDITION (PREVIOUS APPRGVAL DECEMBER 20, 1976 : Mr. Sobiech requested the Council reapprove this plat. He stated there are no changes and the same stipulations are in effect. He further stated it appears the 90 day requirement of the ordinance is not sufficient time for clearing titles, obtaining financing, etc. MOTIO�! by Councilman Schneider to reapprove the plat for Innsbruck Uillage Second Addition. Seconded by Councilwoman Kukoti�ski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIGS AIVD AWARDING CONTRACT FOR SEWER, WATER AND STORM SEWER PROPJECT #121: NAME BID DEPOSITS LUMP SUT� BID REMARKS Ke� Inc. 8275 Central Avenue N.E. No seal on Bid Mpls., MN 55432 5% $27,570.08 Proposal Hennen Construction Company Route 1, Box 65A Rockford, MN 55373 Encon Utilities � Underground Utilities 1530 East Cliff Road Burnsville, MN 55337 � ' � w Bianconi Construction Company 986 Bayard Avenue St. Paul, MN 55102 Burschville Construction P. 0. Box 167 Loretto, MN 55357 Dawson Construction Company 1803 South Ferry Street Anoka, MN 55303 5% $29.309.10 5% $29,947.50 5% $31,065.90 5� $33,180.75 10% $33,662.50 Tabulation error total should be $29,308.50 TAC No seal on Bid Proposal I _ ____ ___ _ ___,___ _ � _ _ __ _._ � REGULAR MEETING OF MAY 16, 1977 NAME BID DEPOSITS ' Julian Johnson Crnnpany 1229 Osborne Road � Fridley, MN 55432 ' A & K Construction Company General & Mechanical Contracting 9038 110th Street North Stillwater, MN 55082 5% 10% ___ ____ __ -- -----, ___--- _ _ � I • �� ; PAGE 12 LUMP SUM BID REMARKS • $39,628.94 $43,152.50 Axel Newman Htg. & Plumb. Tabulation error 1608 Como Avenue W. total should be , St. Paul, MN 55108 10% � $43,812.64 $43,992.65 CVM ; MOTION by Councilman Hamernik to receive the above bids. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated it is recommended the low bid from Kenko, Inc. in the amount of $27,570.08 be accepted for this project. MOTION by Councilman Schneider to accept the low bid of Kenko, Inc. in the amount of $27,570.08. Seconded by Councilwoman Kukowski. Upon a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimously. CONSIbERATION OF APPROVAL OF CHAN6E ORDER #1: STREET IPIPROVEMENT PROJECT ST. 1977-1 & 2: Mr. Sobiech requested this item be considered at the June 6, 1977 meeting to coordinate with other items to be submitted to the Counci7 at this time. ; MOTION by Councilman Schneider to table this item to June 6, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' APPROVING SALE OF TAX FORFEIT PROPERTY: ' Mr. Qureshi, City Manager, reviewed a list of tax forfeit properties and requested approval from Council, if they wished the County to se1T the property in June. ' Mr. Herrick, City Attorney, stated it would seem, when the City permits someone to ' buy property at public auction, you ar•e, in essence, telling them there is some use for that property. He felt perhaps some notice should be given at the time of the auction that lots not meeting minimum requirements of the code are not buildable. Mr. Qureshi suggested eliminating the lots that are 40 feet or less from the auction sale. MOTION by Councilwaman Kukowski to approve the list of properties for the tax forfeit land sale, but removing all lots which are 40 feet or less. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. RESOLUTION N0. 51-1977 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR BIDS: STREET IMPROVEMENT PROJECT ST. 977- 0 SEALCOATING : MOTION by Councilwoman Kukowski to adopt Resolution No. 51-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 52-1977 - AUTNORIZING AND DIRECTING THE COMBTNIN6 OF SPECIAL ASSESSMENTS ON OUTLOT 1 AND OUTLOT 2 EX. PARCELS 680, 700 AND 750 , MOORE LAKE HI6HLANDS 4TH: MOTION by Councilwoman Kukowski to adopt Resolution No. 52-1977. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Jh REGULAR MEETING OF MAY 16, 1977 � PAGE 13 RESOLUTION N0. 53-1977 - AUTHORIZING AND DIRECTING THE SPLITTIN6 OF SPECIAL ASSESSMENTS TO L07 32, AUDITOR S SUB. N0. 192, AND APPORTI NING INTO DELEIER ADDITION: P40TION by Councilman Schneider to adopt Resolution No. 53-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • RESOLUTION N0. 54-1977 - AUTHORIZING AtJD DIRECTING THE SPLITTING OF SPECIAL ASSESSP1ENTS ON PARCEL 1800, SEGTION 3 AND APPORTIONING INTO PARCELS 1800 AND 1900, SECTION 3: Councilman Schneider questioned where these parcels are located. Mr. Qureshi, City Manager, stated they are at Main Street and 81st Avenue and advised the parcels are over 2.5 acres in size and, therefore, can legally be split without platting or a lot split.. MOTION by Councilman Hamernik to adopt Resolution No. 54-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 55-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIFlL ASSESSMENTS ON PARCEL 300Q, SECTION 2, AND APPORTIONING INTO PARCELS 3300 AND 3400, SECTION 2: MOTION by Councilwoman Kukowski to adopt Resolution No. 55-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: EffECTTVE NAME POSITION SALARY DATE REPLACES Anthony J. t�ack Operations P4aintenance $1,038/ May 16, 1977 Dennis Rambow 5121 Nughes Avenue Person, Street, Public Monih Fridley, MN 55421 Works Division MOTION by Councilman Fitzpatrick to approve the ap�ointment of Anthony �4ack as an Operations Mainienance Person at a salary of $1,088/month, effective May 16, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: . MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SWIMMING POOL LICENSES: Councilman Hamernik questioned approval of the swimming pool licenses. MOTION by Councilman Hamernik to approve the swimming pool licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 117H33 through 132884. Seconded by Cauncilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Smith, Juster, Feikema Suite 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as Prosecutor by.Ca'rl Newquist for the month of April, 197z $1,620.00 / . e . , ,_ . � rf REGULAR MEETING OF MAY 16, 1977 PAGE 14 Weaver, Talle & Herrick 316 East Main Street ' , Anoka, MN 55303 For legal services rendered as City Attorney by Virgil Herrick for April, 1977 $1,628.45 MOTION by Councilman Hamernik to approve the above estimates as submitted. Seconded by Councilman Schneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. RESIGNATION - MICHAEL PARIPOVICH: Mayor Nee read the letter of resignation from Michael Paripovich who submitted his resignation from the Environmental Quality Commission, as he is leaving the City. MOTION by Co.uncilwoman Kukowski to receive the resignation. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee requested a list of persons be submitted, when the Council considers an appointment to this vacancy. DISCUSSION OF BI'NGO REPORTS: Mayor Nee felt different recording standards are bei.ng used by the organizations reporting bingo proceeds. It was requested the staff check into this item further. PARKS AND RECREATION BULLETIN: Councilwoman Kukowski indicated in the back of the Parks and Recreation Summer BUllet�n, the members of the Parks and Recreation Comnission should not be listed as Commissioners. Mr. Qureshi stated this will be corrected for the next publication. - Councilman Fitzpatrick indicated he has received favorable comments on this brochure. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 16, 1977 adjourned at 11:22 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council , Approved: William J. Nee Mayor r � CITY OF FRIDLEY PETITIUN COVER SHEET Date Received June 6, 1977 object In favor of Rezoninq of Hy�e Park Petition Checked By Percent Signing Referred to City Counci2 Disposition Petition No, 9-1977. Date � �'-�`-�-�;,.4.. ' • �� t- Page 1 4� . '�LTITI�JN FOR T:�t� R�ZONING OF HYDE ?'ARK 'vVhereas `tl^ae property owners of Hyde Pa.rk have alread.y been sub jected to unnecessary hardships, and are :�ow facing additional haxdshipss 1. The street improvement pragram which is p�anned for 197$ will .impose an extreme fina�cial burden zf -the commercial zoning requires a higher grade than in residentially zoned areas. Z. Banks are extremely reluctant to make loans available for residential property on commercially zoned land. 3. In some instances we have been unable to obtain home ' improvement loans for the same reason. These problems have resulteci in futher deterioration of the area. , �!?�ereas the City of Fridle,y has applied for Block Gran� Ft,inds and t'r.ere is serious doubt as ta whether they may be used in the existing zoning. vdhereas the eamme�cial zonin� ir� u;=de Pa.r� has praved to Qe a M�stake: '�V�, the propart�.° a�t:ners, :��rQby �etztio�. t�.e City of FridleSr to iniate the rezoning of Hyde Park. �a ar,�;� ... .f(`-tC�.—e.`ma+: .�. l 6 �,-tl�-��- _' _� ii ��a'�.L, �J �.J � � _�" �-- � _ _ _� : �, >> iJ ��e,�, `' ""L. ._._�..`.. ., ��./.�.�'s��-- .��. � � _ � �. .9•1 � . �/ Z�Z.e� E.�" � ��,..� J �� =�� ' -�-� � ,�� ,� , .� ��,��;�- ��p�, , (�%' �L � �vy�, ./" �-� ,; j� � . ; � ._ � ,��,,%; s..!y :�/ �� -�"C.�<n� , , �, � . ;-'--'-T-=--` ��'f � �?-� r- .'. ,� . _ �� '� � % S� �1. �' �� S � � � q y�-- �,� ;� � . ; , ��' � �i" r- 3:-�,..�� - `� �'` � T)�f _ � .f�? ,r� ,�,-�"' ' , � / � � Page 2 P�TITION FQR THE REZONING OF HYD� PARK , t��'t�Iv1E ' � ' ' ADDRES ,. ., t, � .ti. , _-�2�r. � � i ,1 ,,,�, L .z, ; ;'�, .�--� ._.�..�. ' _ ,, ,,, .,� .-� r � ,. �� .r , �,� . a.7 .r�'�3 v �� ,'.�,�� i ,..�. �G , � s_ =' -,: ' � 1 1 1 ' � �J ' ,� ' __�; �,� i �� 3 �'��'�- :;" Y .> �� n �� . G � r / 4 ��i..'� � -'��''" ,� ' ' �'�� l� �� rt „ , � .� ,s�� z� -- :3 -��- �� , �'. _ T,.. -� � �G , "-z_.1 � ' ..,.--��'� /,� � r . -�,.�.�..� � � ;i�� , .-! �r�,.�' , , �� : -��- �..r,_ � .--- ��,; . �� .� �-�-�-�- � �"� � / -�. !/� �� J�<< � � C�� , �� , S.J ��' i � ��+' %�j� r •�/L f i �� ! � �/ �' � � .r'7=, . � �� _ �. � � �..-.,�--� --� � R� ? ,� ` �� , U / !� ; / ,.. � � - � � , ,� l` _., ' r' � - ' • _ , � ; �-��. � ��+�,L�..,� . - � �� :�?' -rr �.�{,e y�'��''-� �-�""'� '3�.^-'�ti'Y� �" ��(%'i;-'l,�'1 Y _ ,� � ��.-/ �- � �*' "=^. � _ � � �_ `5 7� �'°�� c'�/�/i�. ��' 1 � %7°�� , �G:.-,�� " _ _„�: � `Ji . _____� �� .�,�G� �'�; z 2. °>�-f� '3.,�'-�..� 'i �U� � i ��-- �"� � _ ��7 d t� % "1 _ c� �� _�'ff • / � . � - ' - � ' � � � i � � � � 0 0 � 0 '~�yE� AS ADJACEPdT PROPERTY OWNERS TO THE CON�.RCIAL ZONING iN HYDE PARK, `vVHO tiYISH TO PRESERVE AND PROTECT OUR PROP�.RTY, SIG1V' THiS PETITION IN FAVOR OF REZONING TO RESIDENTIAI,. N fl P�7F � .� �, � r ' ' r , � � ,�,� � fz-(:�:�- , , � . �. .ti-c. c _. 1� � r• f ;� ,f .-- ADDR�,SS _.,�� _.i �� ..5'�,�,t� ., . �` � � _:�. ,��- , �...�" . , _._.�. ��2 �,�. �.� �� s"q�� '� .sf r�. �: -_ . s��o �'/� ��l- �'- �aa �� .� ,,�� yp. � j � � .�� - ��- � �� _ �=; c� �� - � �--=1� �T � �' 0 � ' ' ORDINANCE N0. ' AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY 7he City Council of the City of Fridley does ordain as follows: The Council of the City of Fridley hereby amends Chapter 11 of the City Code of the City of Fridley, Anoka County, Minnesota by changing, deleting and adding certain license fees. Section 11.10 Fees. License and permit fees shall be as follows: Code # Subject Fee �� ¢��X� �z,1�0 ��`��i�� r4��Y`�Yi�� 302 ��¢�� Dogs Non-Neutered; Non_Spar�ed 5.00/Year 1.00 duplicate) $2.50 minimum* Neutered or S a ed 2.00/Year 1.00 duplicate) 1.00 minimum* 302 Dogs Section 302.15 KENNELS� $25.00 I ' 607 � Entertainment $60.00 �' �� lC�� (X��b�� XZl�O *Pro-rated PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY , OF , 1977 � ' ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: May 1C. 1977 _ Second Reading: Publish: JPHJpr MAYOR - WILLIAM J. NEE i ORBINANCE N0. AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 18 ENTITLED CONTRACTORS, SECTION 18.03 REQUIREMENTS The City Council of the City of Fridley does ordain as follows: Section 18.03 "Requirements" is hereby amended to read as follows: 18.03 REQUIREMENTS Application for license shall be made to the City Clerk and such license shall be granted by a majority vote of the Council upon proof of the applicant's qualifications thereof, their willingness to comply to the provisions of the City Code, the filing of certificates evidencing the holding of public liability insurance in the limits of ��3;888 $50,000 per person, and ��9;998 $100,000 per accident for bodily injury, and fi�;88$ $25,000 for property damages and certificates of Workmen's Compensation Insurance as required by law. (Ref. 258) Said limits will apply to all contractors applying for a license after June 30, 1977. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1977. NIAYOR - WILLIAM J . NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: Ma„y 16, 1977 Second Reading: Publish........ 2 � ORDINANCE NQ. AN'ORDINAf�CE UNDER SECTION 12.07 OF THE CITY , CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a street and utility easement described.�. as follows: The Southerly 17 foot street and utility easement on Lot 6, Block 2, Hyde Park, All lying in the North Half of Section 23, T-30, R-24, City of Fridley, Coun�y of Anoka, Minnesota. Be and is hereby vacated except that the City of Fridley retatns an utility easement over the Southerly l0 feet�of Lot 2, Block Z, Hyde Park. SECTION 2. The said Vacation has been made �in conformance with Minnesota Statues and pursuant ta Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. � PASSED BY THE CITY COUNCIL OF fHE CITY OF FRIQLEY THIS DAY OF , 1977. MAYOR - WILLIAM J. NEE A7TEST: CTTY CLERK - MARVIN C. BRUNSELL Fublic Hearing: M� 9, 1977 First Reading: bfay 16, 1977 Second Reading: Publish.......: 3 J r �' _. � ;, �� ,1 . y. C C � � � (11 � - - N � � -- j f i � CLIFFORD R. MISTALSKI ' • ; SAV #77-01 ' � � �� 3 A 5801 6th Street � � , '� . , � � . . � � �� . . ._ __�__. .__... . __. ........ .._. _ _ _ -- --- -- -----: . ! _____ ( r . � i , I �. �.aT g � . � � 4i� � _ .._.3�.:_----- s..4 � � r ._`. � �.._..i.✓ii i/ii..i//ii! %� i��.;.. �/ � d + �+ � � � �j ' i _. �` . . .T"."_"„� 5.! ��':�J-�-�-- % ;� . i ;v �: � �'� ra ;%� {� � : .� .n , .; � � c : y; 3' � <✓i.... ��. ..�...iw:� :i;....../ i,%, I �t��- --- ------• ��•.� �4 __ ` _ �� 54 ` � � `� �i : 0 . � 0 � O `r : � �- ; V `?. . . � �.._,20, _-. � ' K �pl �.y� /1 � //./ j/i/iiY%.�iiii�%// /i,�-r///.i:i�y' J � . U i �� - , �.� , ; , _._ ._ � - � ; 1� ��` �'. ;�,�;� � , - ( •� . j %//��/!�..!��//i./J/✓%!'/,v�/• %•i n•f%� � -- --- --- — ---- - .�_----- --^-- ---- �-----�— s��----- •. � � � � . E � � (' �� ;, La-r�7 �: � �. �� . � . � . � . ._ .. _..�.. __ � �� - -- -_ _._ _. �_� ___ � � , ��T 6 ` T_ � � _ � o.� ` � _ r �� ... �� ' . � � i ; a s.a9 = =: ==5' _. r ; � �� _ � ?7J.1� M? 1', . r.vy .3.^i. �t:� ;- . i I _ � � � :� ! �� '•� � � 1� ', ...r.1 � �. I ' ORDINANCE N0. _ y ' I � AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMENU APPENDIX C OF THE CITY CObE. The Council of the City of Fridley do ordain as follows: SECTION 7. For the vacation of a street right of way described as follows: i, All that portion of a 50 foot street right of way platted as 73 1/2 Avenue in Marxen Terrace, located between Lot 3, Block 1, and Lot 1, Block 2, and, The South 50 feet of the North 355 feet of Lot 6, Auditor's , Subdivision No. 108, together with that part of said Lot 6 ' that lies within a circle �rho�� radius is 50 feet and whose , center is located at the Southwest Corner of Lot 8, of said Aud�tor's Subdivision No. 108, � , � ' ' � Al1 located in �he North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minneso�a, be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statues and pursuant to Section 12.07 of the City Charter and Appendix C af the City C�de shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THiS DAY OF ATTEST: , 1977. , CITY CLERK RVIN C. BRUNSELL ' Public Hearing: May 16, 1977 First Reading: �9aY 16. 197� I � Second Reading: Publish.......: I ' � CI MAYOR - WILLIAM J. NEE ,. - ...�__._._.�__ vC� �....,....r, ir � r.�cr n 4�I 'i��,r' S� in c � ' + 1 w - e.� r,.,.....wr�a, �. . .. _:_. � : .. .. . . .,.;. . . . . e ..� . . �r.. -. - ,. ti. t•;Fe _ ..,"�,oA . .- �_. —_, _ . _._._ _ _ THOMAS MARXEN SaV #77-02 • ,TtE t'l;�J F'xl�f -.�! -- .. ___. � ._ _ . : � 7i; . ir� ., „a� _�� • T.j'ThcF.l. I'- q" rREE CwK'�,c [l N nr S0. k/W �� I UyE 7F ON�`IDA �A . p � F� � !1 _ I �`� � �- _-, . � i � � - -- --� ; H�,E ri�, � A� N�E N�) ' , iF,iq ; � � � f62� � � �. , I � � --- f t - --�---` I � 6� UTIUTY . I — Et--EA�Er.iE?:T t, � '� 6.15H r V� I}r. GARA•: sE � �� A ��:�H i �— 2 j `� �� ► � 1 � ; i � � ` i I � - � � I 'I2�H7:�H EVERSF(+EEY . . } I �}��fj � ' � •��\ " n ' ! $4r IV3 . / . 8- 93 ! � / , i 3 � / I � _� I 10�'J�I! !TY EA�E'!,E'.T � ( I TC EE OE�'AI�:E: ` 2 � C ,� � � i � hNS-�t� s"MrC , � /"'� � � � i O 1 � p�,t ��3�,/E ASSM / 6 S /�,L� Pe ' --��'- ' Ky�a"rk�p i3�.50� t � . . � i , ----- �- -y— — — . • \ . � I 1 ; I __ , � L! � _ _ _ _ '. � �\ \ '\ - �--- �---- -_ �� ' � �--_--T i - - ��%s. � _ 4 � P�OPOSED R VACQ�'ION` ., � _�_ --�;.= —�---_.j„--,�--__,,,� �_a____ ,' �' -..�---�--,,.._ �' � 2 � � \ .. iF�S �a;.L P � �IP 1�: �;APJ -ui - � 3 � \ ,\�.. J"lE �v��RE STORrr, SE�r.�. �,' �� /? �v� � :!A "E R CROSS � L — — — � ` — ,�� ! \ :, i550 � F�l ` S 1 J� \� \`� `� � ? `. 3s � \ � � ��^� EaScr.�E�i;_� T�` , BE :)b�al�;E:; i � T��R. � � 4 . � �. :� ...:........:........::�. ::�:�::....:............. :...:........:::��:�::::. ..........:::.:..,..^.. .....::.:...:::�.��::.:... :.._........:::._..:..... ......:.:.:�::::........ :::��:::::�::......_..::. ::::::::�:::��:�::::: ::::� ::::::::::::::: :::::::::::::::::::: :::::::�::::::��::: ....... ��::::::::: ............ . .. _......... ......... ::::::: .........::: :��:::::: � :� ::.... ... :.::::::::::�:::::::: :: ::::::: ::::::::: ::::::::::::.:��::: :;:::::::_:.:..:::::: ::::::::::::::::::::: :::::::::::��:::::::�. ::....::::::�:�:::::: .... :: :..:�:::::: ::::::�: :::::::::: . �:::�::�::::::::::: :::: ..... ...� . ... .. ............... .............. ...... ...................... ...:................. � :::::::::::::::::::. ................ ............... ....::::::::-.�.:::: ::::�:::::::::::::�� ::::::�:�:::::::::::: �::;:::::::::::::�::: ::::::�:::::::::::::: ...................... :..:.::::..:.::::..:::::. :.:::::::..: :::.:::::::. :.:::::::.:::: :o::::: ::: :.:::::::.:.::::.:.:::::. :.:::::::.::::..... ... ..................... ..................... :::�:��::::: ::::: :::;:� ::::::::::::: :::::::::::::::�::::: :::::::::::::..:..:::: �:::::::�::::::::... ...........�:�:�::��: :�:::......:�:�::��:::::� :�:�:�:::....::::.....::. :� :. .... . ...... .................:. ............ �z�� .... ..................... . ..................... .................... . ...::::::::::::::�::: ::�::::��:: :::::::.: ... ... . ...:�:::: :::::::::::::��:�:::: ::::::::::::::::::::: ::::::::::::::::::::: ::::::::::::::::::::: :::.:..:::�::::::.... ................. ..........:.......:. ::....� :.::�._-.. y��:::..:..:. ..::: ::::::::::::::::::::: ::::::::::::::::::::: :::::::::::::::::::::. ::::::::::::::::::::. .� ................•... ;............ ... ...............,..... � `.�.. .......... .... ..................... ..................... ..................... ................,..... . ............... ....'.•....�......'.. .. .�. ...'...�.....�..��.�............��... . �.................... ..................... • ... . . 1�. .. . .., ... ..................... . ............ .........t ORDIP111NCE N0. � AN ORDI�IANCE TO REPEAL OLD CtIAPTER 302 OF THE FRIDLEY C1TY CODE, ANIMAL ' COtJTROL AND TO ESTABLISH A NEW CNAPTER 302 OF,THE FRIOL[Y CITY CODE, ANIMAL CONTROL . , � � ' �! r � � � � � I , t . TNE CITY CQUNCIL OF THE CITY QF FRIDlEY DOES 4RDAIN AS FOLLOWS: 302.0] DEFIPaITIONS 7he following definitions shall apply in the interpretation and d�plication of this Chapter and the following words and terms, whereever they occur in this Chapter�are defined as follows: . (Ref. 462) . l. A pet shop is any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals cf any species. 2. A veterinary hospital is any establishment maintained and operated by a licensed veterinarian for the diagnosis and treat- ment of diseases and injuries of animals. 3. Animals are any living creatures, domestic or wild. 4. An animal shelter is any premises designated by the City for the purpose of impounding and caring for animals held under autfiorit� of this ordinance. Such facility may be City owned or shelter service contracted. � 5. Animal Control Officer is any individual(s) designated by the City to enforce the provislons of the ordinance, including all City police officers. 6. A dog is any animal of the canine species. 7. A cat is any animal of the feline species. 8. The keeping of three or more dogs or three cr more cats on the same premises shall constitute a kennel. 9. A permit is the authority to keep a dog or other animal of the canine species within the City of Frid]ey. 10. An animal tag is provided to individuals who are issued a permit to maintain a dog or other animal for which tag is required. DEFINITIONS 302.02 CONTRQL CONTROL It shall be unlawful for any person or for the parents or guardians of any person under 18 years of age who owns, harbors, or keeps a dog to allow such dog, regardless of age of doq, to run at large in the City of Fridley. 302.03 NUISANCE For the purpose of this Chapter a dog or cat shall be deemed � to constitute a nuisance when: , � 1. The dog or cat is not confined to the o�vner's or custodian's property by adequate fencing or leashing, or if the dog or cat is off the premises of the owner or custodian and is not under the control of the owner or a coaioetent person by a leash not exceeding eigf►t (8) feet in iength, when not in a rtiotor vehicle. 2. The dog or cat cona�its damage to the person or property of anyone � other than the o�rner, or creates a nuisance upon the property of one � other than the owner, except in the defense of the owner, his family or property. , NUISANCE 5 e • ' ' , � ' ORDINANCE N0. Page 2 3. A femalc 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. While on the premises a female dog or cat.in heat is not kept in a building or secure enclosure where said fema'le dog or Cat cannot be in contact with other male animals of its kind, except for planned breeding. � 4. The ou�mer does not assume the obligation and responsibility required of the City Code.or does not prevent such dog or cat from comm�tting any act which constitutes a nuisance as defined herein. 5. The owner or custodian keeps a dog or cat which barks, howls, cries or yelps so as to unnecessarily disturb or annoy any person or persons in the vicinity thereof; or which animal frequents school grounds or public beaches. 6. The owner allows the dog or cat to chase vehicles or ir.terfere ' with walking of pedestrians, the driving of automobiies, bicycles, motorcycles, motorbikes, 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 violation of the provisions of this ordinance is hereby declared a nuisance. 9. A person abandons any dog or cat within the bounds of the C�ty �f Fridley. 10. Owner or custodian fails to have dog or cat vaccinated against rabies at ]east once every two (2) years, or dog's vaccination has not been within the past two years. • 302.041 REGISTRATION A permit and animal tag sha1� be required for a dog or other animal of canine species to be maintained within the e;ty of Fridiey. No person shall own, keep or harbor any dog over the age of six months, within the City of Fridley unless a permit therefor has been secured. Permit certificates shall be issued by the City. It shall be the duty of each person owning, keeping, or harboring a dog to pay the permit fee established by the City on or before the first day of the permit year, or upon establishing residence in the City to forthwTth pay such permit fee. The City may cause a notice of the necessity of paying such permit registration fee to be printed in the official netivspaper in April of each year. Issue of ne�•� permits for the license year shall commence May 1 of each year. A compulsory system of permit and registration is established whereby the City will issue City owner permits and animal tags to owners of dogs over six months of age upon proof of rabies vaccination within the preceediny year. Permits and animaT tags must be applied for and obtained and animal tags affixed on dogs or other canines requiring tags before they attain the age of six months. The applicant for permit must sign and agree that he is prepared to comply with regulations established by the City. Upon payment of the permit tag fee the City shall execute a receipt in duplicate, the original of �•�hich shall be delivered to the person who pays the fee and the duplicate retained in the City records. The receipt sha11 desc►•ibe the dog or animal as to breed, age, color and owner and addressa minimum. 302.042 In addition to the permit, suitable animal tags, the shape or color of which shall be differeni for each registration year, shall be issued by the City. The owner shall cause said tag to be affixed REGISTRATIQN 5A � . � , I' ' I , � , ' � . ' � ' ORDINANCE N0. Page 3 by a permanent metal fastener t.o the collar or harness of'the animal 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 may be issued by the City upon presentation of a•receipt showing the payment of the registration fee for the current year. A charge as provided by 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 shall be unlawful to counterfeit or attempt to counterfeit the animal tag or take from any dog a tag legally placed upon it by its owner with the intent to place it upon another anir�al, or to place such tag upon another animal. 302.044 Animal tags shall not be transferable and no refunds shall be made on animal permit fee because of leaving the City or death of the dnimal before expiration of the registration period. 302.045 No Permit shall be required of any humane society, veterinary hospital or laboratory. . 302.05 REVOCATION A permit, if not revoked, shall be valid during the license year. A new permit shall be obtained each license year by every owner and a new fee paid. 302.051 The City may revoke any permit'if the person holding this permit ' - refuses to or fails to comply ��rith this Chapter, the regulations promulgated by the City, or any state or local law governing cruelty to animals or the keeping of animals. 302.052 An animal permit and tag may be revoked if an onwer fails to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Also> if an owner shall beat crue]ly, ill treat, torment, overload, overvlork, or otherwise abuse any animal, or cause or permit any dog fight, or cock fight> bull fight or other combat between animals or bet:veen 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 violating the terns of this ordinance three (3) times in one permit year, his permit to own, keep, harbor or have custody• of animal(s) for which the offense was cited shall be deemed auto- matically revoked and no new permit may be issued for a period or one year from date permit is revoked. 302.054 � Any persan 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. REVOCATION �r • OR�INANCE N0. Page 4 302.062 LIVESTOCK See Chapter 301 of this Code. 302.063 WILD ANIMALS AND BIRDS See Chapter 303 of this Code. 302.064 The section of this Chapter requiring a permit shail not apply to non-residents of the City who are keeping only domestic pets, �. provided that animals of such owners shall be kept in the City no longer than 30 days and that the animals are kept under restraint. The provisions of this Chapter shall apply insofar as requirements for rabies vaccinations is concerned. 302.065 FEES The annual permit fee and expiration date shall be as provided in Chapter 11 of this Code. Neutered or spayed animals shall qualify for a reduced permit fee as provided in Chapter 11 of this Code. 302.07 IMPOUNDING The Animal Control Officer or Humane Society shall take up and � impounci ary do,s or animals requiring permits or tags found in the City without the tags; or any dogs or animals which are in violation of any of the other provisions of ihis ordinance. Animals sha]1 be impounded in an animal shelter and confined in a humane manner. , Impounded animals sha71 be kept for not less than five days, including Sundays and Holidays, unless reclaimed by their owners. If by a permit tag or other means, the owner 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 animai ' is found at large, and the owner or custodian can be identified, the P,nimal Control Officer, may Aroceed against the owner for viola- tion of the ordinance. , r � , � �• � � �_� � The Animal Control Officer may enter upon any public or private premises by warrant or as otherwise provided by law when such officer is in reasonable pursuit of his/ner duties. 302.08 NOTICE OF IMPOUNDMENT Upon taking and impounding any dog or animal as provided in this ordinance, the Animal Control Officer or Poundkeeper shall immediately notify the owner, if known, and the City Police Department. The Animal Control Officer, Poundkeeper and Police Department shalT maintain a record of dogs and animals so impounded. 302.091 REDEMPTION OF IMPOUNDED ANIMALS , In the instance of do9s or animals for which the owner does not bave a required permit or tag, the Animal Control Officer or Poundkeeper shall not return such animal to the owner until '� a permit and tag, if applicable, have been purchased from the ; City or from the Animal Control Officer or Poundkeeper. The Animal Control Officer or Poundkeeper shall remit to the City � the sum paid to him for the permit or tag and if owner has not , proof of rabies vaccinations, the cost of immunization, and furnish the City a11 necessary information pertaining to said purchase includin9 a copy of any permit certificate issued in Connection therewith. In addition the Animal Control Officer or Poundkeeper shall be paid by the dog or animai o�vner the � impounding fee plus feed and care for each day the dog or animal is confined in the pound. Al1 monies received by the Animal ; Control Officer or Pounkeeper shall be turned ovew to the LIVESTOCK WILD ANIMALS AND BIRDS EXEMPTIONS FEES IMPOUNDING NOTICE OF IMPOUNDMENT REDEMPTION IMPOUNDED ANIMALS 5C O s , � ORDINANCE N0. Page 5 Ctty and ptaced in the general fund of the City. 302.092 � . Any dog or aniir�al for arhich the owner has a current permit tag shall be redeemed from the pound by the owner after impounciing by payment of impounding fee plus feeding and care for each day the dog is confined in the pound. Fees paid shall be in i� . accordance with those established by the City. All monies received by the Fnimal I:ontrol Officer or Poundkeeper shall be turned over to the Cit;/ and shall be placed in the acn�ral fund of the City. � 302.10 UNCLAIMED I1�iP0UPdDFD F1NI�MILS Any dog or animal wnich is not claimed a�ithin �ive days after �mpounding, including Sundays or Holidays, may be sold for not � less than the amount of the total charges accrued against the dnimal in accordance with this ordinance and Council resolution, to anyone desiring to purchase the dog, if not requested by a licensed educational or scientific institution under Minnesota '' Statutes Section 35.71. Al1 sums received by the Animal Control Officer or Poundkeeper shall be turned over to the City and shall be placed in the general fu7d of the City. Any c�og or animal which is not claimed by �he o�vner, or by a licensed educati�nal ' or scientific instftution, cr sold, shall b2 painlessly put to death and the body properly disposed of by the Poundkeeper. The time of sale or other disposition of dog or animal shall be at least 120 hours after notice has been given to the animal o�a�er � by the Animal Control Officer or Poundkeeper. The provisions of notification of owner does not apply, �vhen owner cannet be ascertained. � ' � ' , � ' � , 302.11 ANIMAL BITES: QUARANTINE Any person knowing of a human being bit by a dog, cat, racoon, skunk, or other rabies susceptible species shall immediately notify the Animal Control Officer or Police Department. '�lhen- ever any dog or animal has bitten any person the owner or custodian of such dog or animal, having been so notified by the Animal Control Officer or the Police Department, shall immediately cause said dog or anir�iai �o be quarantined at the City of Fric+ley eontract kennel facility or at a licensed veterinary hos�•ital or kennel for a period of i4 days after such person has been bitten by said dog or• animal. Dui,ing the quarar�tine period, said dog or animal sha]1 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 repor* in writing to the Police Department and the Fridley An;mal Contro] Officer, the condition of the animal. The Animal Control Officer shall then take necessary steps to determine if the dog or animal is suffering from rabies. During the quarantine period, the dog or animal shall not be removed from the designated quarantine facility exceot by special written permission from the Minnesota Livestock Sanitary Board and the Fridley Animal Control Officer. The owner of such dog or animal shall be responsible for the cost of such quarantine. The quarantine required by this section shall not be necessary and the requirements shali be waived if custodian of such dog or animal, immediately upon receipt of the notice referred to above, presents to the Animal Control Officer or Police Department, the certificate of an authorized veterinarian that the dog or animal was vaccinated for rabies on a date less than two years prior to the date of such notice. Such animal so exempt shal] be quarantined on the premises of the owner under strict control for a period of 14 days for the purpose of observation for symptons of disease. The Animal Control Officer is authorized to conduct a mid-term and terminal exam- ination of the animal. . UNCLAIMED IMPOUNDED A��IMALS AP2IMAL BITES: QUARE��TINE 5D 0 , , ORDINANCE N0. � � 5 E Page 6 ,� It shall be unlawful for any person other than an Animal. Control Officer to kill or destroy any dog or animal of the dog kind found running at large in the City. No Animal Control Officer or other person shall kill, or cause to be killed any animal suspected , . of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made. u , �� J � 302.12 VICIOUS ANIMAL No person shall keep or allow to be kept anyplace in the City any animal of a ferocious or vicious character, habit or disposition or any animal wild by nature, any dog or animai shall be deemed to be vicious upon the occurrence of two (2) bites within 365 calendar days except those occurring in defense of the owner or his property. Upon conviction for the violation of this section, the court may in addition to imposition of sentence, direct the Animal Control Officer to take the animalin question into custody and forthwith dispose of the same as may be directed by the City of Fridley. 302.13 COMPLATNTS My person complaining to the Police Department that a dog or other anima] is allegedly runniny at large or otherwise constituting a danger or nuisance shall identify himself upon request and shalT make every reasonable attempt to assist the authorities in identify- ing the dog and its owner or custodian. 302.14 MUZZLING � Whenever the prevatence of hydrophobia renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog t�o confine it securely on his premises unles's it is muzzled so that ' it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time fixed in the procTamation shall be killed by the Animal Control Officer without notice to the owner. , 302.15 KENNELS Because the keeping of three or more.dogs or three or more cats ' on the same premises is subject to great abuse, causing discomfort fio persons in the area, by way of smell, noise, hazard and generai aesthetic depreciation, the keeping of three or more dogs or cats on one premises is hereby declared a nuisance. �� ' ' The keeping of three or more dogs or three of more cats on the same premises, whether o��ned by the same person or not and for whatever purpose, kept, shaii corstitute a kennel; except that a fresh litter of pups/kittens may be kept for a period of three months before such keeping shall be deemed to be a kennel. No person shall keep or maintain a kennel in the City of Fridley except upon obtaining a kennel license consistent with the zoning requirements of this Code. Application for kennel license shall be made on forms provided by the City. Such application shall show the following: 1. Location of the premi5es of the kennel. 2. location of all structure for the housing of the dogs and/or Cats. If said dogs and/or cats are to be kept primarily within the home or building of residence of the applicant or of any other person, the application shall so state. 3. The maximum number of dogs, cats, or any combination thereof, to be kept on the premises. VICIOUS ANIMALS COMPLAINTS MUZZLIN6 KENNELS . -•.�� ' ' � ORDINANCE N0. Page 7 4. Ar�y dog runs and housing for.dogs shall be a minimum distance of 200 feet from any building structures suitable for human habitation, public place where food �s bought,.stored or,eaten. 5. The premises for any keeping of dogs shall be fenced and a simple plat showing the location of fencing shall be furnished. The fencing must be of such quatity as to contain the dogs and/or cats. 6. Method to be used in keeping the premises in a sanitary condition. 7. Method to be used in keeping the dogs and/or cats quiet. 8. The application shall contain an agreement by the appiicant that the premises may be inspected by the City at all reasonable times. ' The City shall have discretion whether to issue such license or not. In makirig such determination, the City shall take into consideration the adequacy of housing the runs for the dogs and/or cats, the method used for sanitation and to maintain quite, facilities •' � for containing the dogs and/or cats> and with particularity any violations during the previous license period. � !F � If a license is granted and the applicant ihereafter fails to comply with the statements made in the application or any other reasonable conditions imposed, or violates any other provisions of this ord�nance, the licensee shall be notified by mail and given ten days to remedy any defects or defaults. If such conditions be not remedied in said ten days, a hearing shall be held after at least ten days mailed notice ta the licensee, and the licensee and all other interested parties shall be heard. If it shall appear that said kennel is not being properly maintained, the City may revoke the kennel license and the keeping of three or more dogs, or cats, or any combination thereaf, immediateiy shall be discontinued�. It shal7 be unlawful for any licensee to do or permit any of the following: . 1. Allowing any of the dogs to run at large on any street or public property or any private property not oamed by the licensee or under his control. 2. Allowing the prem9ses to be kept in an unsanitary or unhealthy condition. 3. Burning of offal waste. 4. Allowing the dogs or cats to bite or scratch anyone properly on or or"f the premises. 5. Allowing the dogs or cats to bark, yelp or fight so as to disturb the neighborhood either night or day. 6. Maintaining any dogs or cats so as to create a nuisance by way of noise, odor or otherwise. 302.151 KENNEL LICENSE FEE The annual iicense fee and expiration date shall be as provided in Chapter 11 of this Code. 302.16 APPOINTMENT OF ANIMAL CONTROL OFFICER The City may appoint such person, persons, or firm as the City may deem necessary and advisable as Animal Control Officer. Such appointees shali work under the supervision of the Fridley Police Department and shall be responsible for the enforcement of Lhis ordinance. • 302.11 ENFORCEMENT BY ANIPIAL CONTROL OFFICER Animal Control Officers are authorized to enforce the provisions 5F KENNEL LICENSE FEE APPOINTMENT OF ANIMAL CONTROL OFFICER ENFORCEMENT BY ANIMAL CONTROL OFFICER 0 0 0 � ; ;` , ' � `� , � I ' � � R ORDINANCE N0. • Page 8 ' of this ordinance and other related ordinances and statutes pertaining to animal control, including the issuance of citations. � 302.18 INTERFERENCE WITH ANIt4AL CONTROI OFFICER INTERFERENCE ' . WITH ANIMAL It.shall be unlawful for any unauthorized person to break CONTROL OFFICER into en animal control pound, or attempt to do so, or to take or set free any animal taken by such officer in the Compliartce of this ordinance, or in any way interfere with, hinder, or molest such officer in the discharge of his/her duty under this ordinance. 302.79 GUARD DOGS,-4JARNING GUARD DOGS WARNING 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. 3021.i9i GUARD OQGS,-All7HORIZATION GUARD DOGS • AUTHORIZATION Businesses maintaining a guard dog sha]7 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 9ain admittance to the premises in the performance of their duties. 302.20 PENALTIES • PENALTIES Any violation of this Chapter is a misdeme�nor and is subject toall penatties provided for such violation under the provisions of Chapter 901 of ihis Code. 302.21 SEEING EYE DOGS PERMITTED IN PUaLIC PLACES SEEING EYE DOGS Mlhenever any blind person accompanied by a"seeing eye" or guide dog presents himself/herself for accomodation or service On any public conveyance vehicle or to any cafe, restaurant, store, or other place of business open to the public, it shall be unlawful for the proprietor, manager or operator of such vehicle or place of business to refuse admission to the dog or service to the blind person. 302.22 CRUELTY TO ANIMALS CRUELTY TO ANIMALS Minnesota Statutes 346.20 through 346.34 are hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full. 302.23 REPEAL REPEAL Old Chapter 302 of the Fridley City Code is hereby repealed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977 ATTEST: CITY C�E�K - MARVIN C. BRUNSELL First Reuding: ��16. 1977 Second Reading: _ Publish: - MAYOR - WILLIAM J. NEE 5G ORDINANCE N0. • AN ORDINANCE.TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF . FRIDLEY The City Council of the City of Fridley does ordain as follows: The Council af the City of Fridley hereby amends Chapter ]1 of the City Code of the City of Fridley, Anoka County, Minnesota, by changing certain license fees. Section 11.10 Fees. License and permit fees shail be, as follows: Code Mo. Subject Fee 24 Junk Yards $200.00 per year 21 'Christmas Tree Lots $ 60.00 per year (plus $100 deposit) 28 Carnivals $175.00 (plus $200 deposit) 18 Contractors $ 35.Q0 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. . MAYOR WILLIAM J. NEE ATTEST: CITY CLERK MARVIN C. BRUNSELL First Reading: Second Reading• Publish: � �! . '�� MEMO T0: CITY MANAGER AND CITY C4UNCIL • FROM: MARVIN BRUt�SEIL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: �ICENSE FEES FOR CARNIVALS, CHRISTMAS TREE LOTS, JUNK YARDS, AND AUCTIONS DATE: MAY 27, 1977 We have done a cost justification study for fees charged fo�.C,arni- vals, Christmas Tree Lots, Junk Yards, and Auctions. Apparently an increase in the fee for auctions is not justified. It does appear that an increase in the iicense fee �For Carnivals, Christmas Tree Lots, and Jun-k Yards is justified. These are not large volume license operations. The amount of additional revenue generated fror� increasing the fee will not be significant. However, we appar- ently are not recovering our total cost at the present time. For the Council's consideration we are recommending the following changes in fee structure for Junk Yards, Chris�mas Tree Lats, and Carnivals. �!e are also recommending that the Contractor's license fee be increased from $25.00 to $35.00 per year, The Contractor's license fees were last changed in March, 1974. I might point out that all of these fees will not really be effective. � until 1978, except for the Christmas Tree Lots and Carnivais. Present Recommended � Junk Yards $100.00 per year $200.00 per year Christmas Tree Lots 25.00 per year 60.00 per year (plus $100 deposit) (plus $T00 deposii) Carnivals 25.00 175.00 (plus $200 deposit) (plus $200 deposit) Coniractors 25.00 35.00 If the Council is agreeable to the change in license fees, the attached ordinance can be adopted on first reading. MCB/eh Attachments I � � 6� � � 1. Carnivals CITY OF FRIDLEY LICENSE COST STUDY MAY., 1977 ' �� I. License Division: Finance Department � �� a) license Clerk Receive application and review 20 min. � Route cashier, police dept., health dept: 20 min. Council agenda 10 min. Writing license and envelope 15 min. Typing card for file 4 min. Signing and stamping license ' 4 min. Typing application in book list 5 min. Filing application 4 min. Applying postage 3 min. 85 min. Clerk $4.80 (Including 33� pers. serv. 0/H) b) Overhead (Space & Occupancy, Supplies, Postage, etc.) c) Administration $16.74 (Inciuding 32% Q/H) 30 m�n. II. Inspection Division: Public Works Department a) Electrical Inspection (70% of Electrical Permit) Fire Inspection 1@ 30 min. Health Inspection 1@ 15 min. License Inspection 1@ 15 min. 60 min. Inspection $11.60 (Including 34% pers. ser. 0/N) b) Travel 15 miles @ $.15 III. Council Costs $13.87 (Including 10.55% per. ser. 0/H) IV. P�anager Costs $22.12 (Including 32% pers. ser. 0/H V. Accounting Costs $9.18 (Inc]uding 32% pers. ser. 0/H) VI. Legal Costs VII. Police Costs Investigation and Review $13.38 (Including 52.7 pers, ser. 0/H) a} TraveT 7 miles @ $.i5 b) Police follow up time $12.72 (Including 52.1 pers, ser. 0/H) � VIII. Unforeseen cost contingency � Estimated 10°6 � $ 6.80 $ 6.00 $ 8.37 $21.17 $11.60 $ 2.25 $T3.85 � $21.17 (Est.) $ 3.00 5 min. 10 min. 10 min. 5 min. (Est.) 30 min. 8 hrs. Total Costs PRESENT FEE: $25.00 plus $200.00 deposit � . $i 3.85 $ 1.16 $ 3.68 $ 1.53 $ 3.33 $ 6.69 $ 1.05 $101.76 $157.22 $_15.72 $i72.94 � I�� CITY OF FRIDLEY LICENSE COST STUDY �aY, 1977 ' 1. Christmas Tree Lots I. License Division: Finance Department a�) License Clerk � Receive application and review 13 min. Route of cashier, fire department 15 min. Council agenda 7 min. 4Jriting Ticense and envelope � 12 min. Typing card for f.ile 4 min. Signing and stamping Ticense 4 min. Typing application in book list 5 min. Filing application 7 min, Applying postage 3 min. 70 min. Clerk $4.80 (Including 33% pers. serv. 0/H) b) Overhead (Space & Occupancy, Supplies, Postage, etc. (Est.) c) Administration $16.74 (Including 32% 0/H) 15 min. II. Inspection Division: Fire Department a) License Inspection 1@ 15 min. Fire Inspection 2@ 20 min. 55 min. Inspection $i1.60 (Including 34% pers. serv. Q/H) b) Travel i5 miies @ $.i5 � III. Council Costs $13.87 (Including 10.55% pers. serv. 0/H � IV. Manager Costs $22.12 (Including 32% pers. serv. 0/N) V. Accounting Costs $9.18 (Including 32% pers. serv. 0/H) � VI. Legal Costs 1 VII. Police Costs $12.72 (Including 52.1 pers. serv. 0/H) a) Police follow up time 1 1/2 Hrs. Approx. � }� 5 min. 5 min. 10 min. 5 min. VIII. Unforeseen cost contingency - Estimated 10% ' . Total Cost PRESENT FEE: $25.00 plus $100.00 deposit $ $ $ 6C 5.b0 6.00 4.19 $ 10.63 $ 2.25 $ 1.16 $ 1.84 $ 1.53 $ 3.33 (Est.) $ 19.08 $ 55.61 $ 5.56 $ � l'� CITY OF FRIDLEY LICENSE COST STUDY MAY, 1977 1. Junk Yard I. License Division: Finance Department a) License Clerk Receive application and review 20 m�n. Route of cashier, police dept., inspect. dept. 20 min. Council agenda i5 min. Writing license and envelope 12 min. Typing card for file 4 min. Signing and stamping license 4 min. Typing application in book list 5 min. Filing application 7 min. Applying postage 3 min. 90 min. Clerk $4.8� (Including 33% pers. ser. 0/H) b) Overhead (Space & Occupancy, Supplies, Postage, etc.} c) Administration $i6.74 (Including 32°6 0/H) 30 min. II. Inspection Division: Public Works Dept. a} Building InspECiion 5@ 15 min. Fire Inspection 2@ 30 min. Health Inspection 3@ i5 min. License Inspe�tion l@ i5 min. 195 min. Inspectian $11.60 (Including 34% pers. ser. 0/H) b) Travel 55 miTes @ $.i5 c} Planning Dept. Review � $12.OQ (Including 32.1% 0/N) d} Administration $]6.62 (Ineluding 32.1% 0/H) III. Cauncil Costs $13.87 (Including 10.55% 0/H) TV. P�1anager Costs �22.12 (Including 32% 0/H) V. Accounting Cosis $9.18 (Including 32°6 0/H VI. Legal Costs VII. Police Casts Investigation and Review $13.38 (Tnc]uding 52.1°6 0/N) a} Travei 7 miles @ $.15 b) Police follow up time $12.72 (Including 52.1� 0/H) VIII. Unforeseen cost contingency -"Estimated 10% PRESENT FEE: $100.00 a year 4 hrs. 1 hr. 30 min. 10 min. 10 min. 5 min. 60 min. 30 min. TOTAL COS7 � $ 7.2Q. _ $ 6.00 (Est.v� $ 8.37 $ 37.69 $ 8.25 $ 48.00 $ 16.62 $ 6.93 $ 3.68 $ 1.53 $ 3.33 (Est.} $ 13.38 $ ].05 $ 6.36 $ 16�.39 $ 16.84 $ 185.23 � � City of f'ridley License CoSt Study May l3, 1977 Auction License I. License Division: Finance Department a) License Clerk Receive application and review 20 min. Route of cashier, police dept. 18 min. Council agenda • 7 min. Writing license and envelope 12 min. Typing card for file 4 min. Signing and stamping license 4 min. Typing application in book list 5 min. Filing application 7 min. Applying postage 3 min. 80 min. Clerk $ 4.80 (Tncluding 33% pexs. ser. 0/H) b) Overhead (Space f� Occupancy, Supplies, Postage, etc.) c) Administration $16.74 (Including 32% 0/H) 30 min. II, Inspection Department � a) Electr.ical Inspection Heating Inspection Plumbing Inspection . � Building Inspec�ion Fire Inspection 2@ 15 min. Health Inspection 3@ 15 min. � License Inspection 1@ 15 min. 90 min. Inspection $11.60 (Including 34o Pers. Ser. 0/H) � b) Travel 20 miles @ .15 � III. Council Costs $13.87 (Including 10.55% pers. ser. 0/H) LIV. Manager Costs $22.12 (Including 32o pers. ser. 0/H) V. Accounting Costs $9.18 (Including 32% pers. ser. 0/H) � VI. Lega1 Costs �, �VIT. Police Costs Investigation and Review $13.38 (Including 52.10 pers. ser. 0/H) � a) Travel 7 miles @ .15 li � b) Police follow u time P � Total � VIII. Unforeseen cost contingency - Estimated l00 �E $ 6.40 $ 6.00 (Est.) $ 8.37 $20.77 $20.77 5 min. 20 min. 10 min. 5 min. (Est.) 60 min. 30 min. � Present Fee: $120.00 a year, $20.00 weekly, $10.00 for 2 days $17.40 $ 3.00 $ 1.16 $ 3.68 $ 1.53 $ 3.33 $13.38 $ 1.os $ 6.69 $71.99 $ 7.20 $79.19 0 0 O�tDINANCE N0. AN ORDINANCE TQ AMEND CHAPTER 11 OF THE CITY CODE QF TNE CITY OF � FRIOLEY The City Council of ihe City of Fridley does ordain as follows: The Council of the City of Frid�ey hereby amends Chapter ]1 of the City Code of the City of Fridley, Anoka County, Minnesota, by changing certain license fees. � Section 11.i0 Fees. License and permit fees shall be, as foilows: Code No. Sub'ect Fee Z7 Billiards $40.00 for first table, $10.00 for each additional RASSED AND ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY TNIS DAY OF �977, ATTEST: CITY CLERK - Marvin Co Brunsell First Reading: Second Reading: Publish: MAYOR - WILLIAM J. NEE 7 7A 0 MEMO T0: NASIM QURESNI, CITY MANAGER AND CITY COUNCIL FROM: MARVIN BRUNSELL, ASSISTANT CI7Y MANAGER/FINANCE DIRECTOR SUBJEC7: POSSIBILITY OF RAISIPIG THE LICENSE FEE ON POOL TABLES DATE: MAY 27, 1977 At the present time the license fee for ihe first pooi table is $25.00 per year, plus $5.Q0 per year for each additional tab�e. A study has shown that this recovers approximately haif the cost of policing the operation. We are recommending that the fees be increased. The people who have the pool or biiiiard tables usually have severa] other licenses as weii. The fees for the pool or billiard tables could probably be increased from $25.00 for the first table per year and $5.00 for each additional table to $40.QQ per year for the first table and $10.00 for each additiona7 table. This fee can be justified. � If the Council is agreeable to the change in license fees, the attached ordinance can be adopted on first reading. MCB/eh Attachment � • City of Fridley I.icense Cost Study � May 16, 1977 Billiards License , � �� I. License Division: Finance Department a) License Clerk Receive application and review Route of cashier, police dept. Council agenda Writing license and envelope Typing card for file Signing and stamping license Typing application in book list Filing application Applying postage 13 min. 15 min. 7 min. 12 min. 4 min. 4 min. S min. 7 min. 3 min. 70 min. Clerk $4.80 (Including 33o per. ser. 0/H) b) Overhead (Space $ Occupancy, Supplies, Postage, etc. (Est.) c) Administration $16.74 (Including 320 0/H) 15 min. � II. Inspection Department � a) License Inspection 1@ IS min. 15 min. � Inspection $11,6Q (Including 34% per. ser.�Q/H} h) Trave2 5 miZes @ $.15 r III. Council Costs �13.87 (Including 10.55o per. ser, 0/H) � IV. Manager Costs $22.12 (Including 32o per, ser. 0/H) S min. 5 min. V. Accaunting Costs $9.18 (Including 32o per. ser. 0/H) 10 min. � VI. Legal Costs (Est.) 5 min. � VII. Police Costs Investigation and Review $13.38 (Including 52.1 per. ser. 0/H) a) Travel 7 miles @ $.15 � b) Police follow u time P $12.72 (Including 52.1 per, ser. 0/H) � VIII. Unforeseen cost contingency - Estimated l00 � Total Costs �I � � 30 mzn. 2 hrs. Present Fee: �25.00 per table plus $S.UO for ea, add'1. table �, $ 5.60 $ 6.00 $ 4.19 $ 2.90 $ .75 $ 1.16 $ 1.84 $ 1.53 $ 3.33 $ 6.69 $ 1.05 $ 25.44 $ 60.48 $ 6.05 $ 66.53 • 0 ORDINANCE PJO. A�� ORDINANCE TO AMEND CHAP7ER 11'OF THE CITY CODE OF THE CITY OF FRIDLEY The City Council of the City of Fridley does ordain as follows: The Council of the City of Fridley hereby amends Chapter 11 of the City Code of the City of Fridley, Anoka County, Minnesota, by changing certain license fees. Section 11.10 Fees. License and permit fees shall be, as follows: Code No. Subject Fee %�,��29 Mui'tiple Dwellings Three through seven units $15.00 Eight through twelve units $20.00 Over twelve units $20.00 plus $7.00 per unit PASSED AND ADOPTEU SY THE CI7Y COl1NCIL OF THE CITY OF FRIDLEY THIS DAY OF 1977. P4AYOR - WILLIA�1 J. NEE ATTEST: CITY CLERK - Marvin C. Brunsell First Reading: Second Reading: Publish: 0 . �. • MEMQ T0: NASIM QURESNI, CITY P4ANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CI7Y MGR/FIN. DIR. SUBJECT: LICENSE FEES FOR MULTIPLE DWELLINGS pATE: MAY 31, 1977 Bob Aldrich has completed a study of the cost of.li�ensing and inspecting Multiple Dwellings. The cost justification study shows that some increase in license fees can be justified. At the present time the license fee is $]5.00 for three through ten units plus $1.00 per unit over ten units. We are suggesting a license schedule as follows: Three through seven units - $15.QQ � Eight through twelve units - $20.00 Over twelve units -$2Q.00 plus $1.00 per unit The principaT effect of this change would be to add $5.00 per year to the Multiple Dwelling Licenses for those apartment buildings of eight units or more. If the Council is agreeable to the change.in license fees, the attached ordinance can be adopted on first reading. MCB/eh Attachments � . _ • FIRE DEPARTMENT - MEMORANDUM DATE: May 13, 1977 MEMO T0: Marvin Brunsell, Finance Director FROM: Robert D. Aldrich, Deputy Chief �� RE: Multiple Dweliing License Fees, Your Memo No. 78-1977 Attached is an analysis of cost incurred in the processing of a multiple dwelling registra�tion. The fee was last raised about three years ago. In face of all the cost increases in praviding City services, ifi would appear that some increase may be justifiab7e at this time. I would suspect that any increase will raise�much concern on the part of the owners of the units of less than 12 dweiling units, as some of this type of unit are in all probability economically marginai. Perhaps a sliding rate siructure s�ch as shown below would be applicable: � 0 - 8 units $15.00 8 - 12 units $20.00 _ Over i2 units, additional $1.00/per unit RDA:e1 Attachment K f III � I. License Division: Finance Departmenfi � � A. License C1erk Wri�ing license � � 7 mi�. � Signing & stampi�g license � . 4.min. Applying postage 3 min. 1� ' Clerk $4.80 (including 33% pers. serv. 0/H) B. Overhead (Space & Occupancy, Supplies, Postage, etc.) � C. Administration $16.74 (includ9ng 32� 0/H) 3 min. � II. Inspection Department . �� A. Fire Inspection I@ 30 min. Inspection $ZQ.31(including 37.5q pers. serv. 0/H� , B. Travel 7 miies @ .15 � III. Counci7 Costs $13.87 (including 1Q.55% pers. ser. 0/H) IV. Manager Casts $22,12 (including 32q pers. ser. 0/Hj .� V. Accounting Costs $9.18 (including 32� pers, ser. 0/N) 1 VI. Legal Costs . � (est.j VTI. Fire Costs Investigation & Review tA.$10.�1 (including 37.5% pers. ser. 0/H) 10 min. B. Travel 7 miles @ .15 rC. Fire follow up time 30 min. , D. Clerical � Receive application & review 15 min. Council agenda 7 min. � Writing enveiope 5 min. Recording license on card 4 min. Filing application 4 min. _ �`mi n. Cierk $5.21 (inciuding 33% pers. ser. 0/H) �� 'III. Unfareseen cost contingency - estimated l00 I �� $I.15 $5.13 (est.) $ .83 $7.11 $5.15 $1.05 $6. ].5 5 min. 10 min. 10 min. 5 min. $1.72 $1.05 $5.I5 $2.�3 $10.85 TOTaL GRAND TOT�1L Present Fee: $15.00 3- 10 units $ 1.00 per unit thereafter over �0 units V 4 $ 7.11. $ 6.15 � 1.16 $ 3.68 $ 1.53 $ 3. 33 $�J.85 $33.81 3.38 $37.19 ORDINANCE N0. '`AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.10 OF THE FRIDLEY CITY CODE RELATING TO FEES The City Council of the City of Fridley does ordain as follows: Chapter 11 of the Fridley City Code.shall be amended by adding the following: Code # Subject 212 � 20& � � � � I�� Fees � Plan Checking Fees 50 cubic yards or less No Fee 51 to I00 cubic yards $10 101 to 1000 cubic yards 15 lOQl to 10,000 cubic yards 20 10,Q01 to 100,OQ0 cubic yards - $20 �or the tirst 10,000 cubic yards plus $10 for each additional 10,000 cubic yards of fraction thereof 100,001 to 200,000 cubic yards - $110 for the first 100,000 cubic yards plus $6 for each additional 10,000 cubic yards or fraction thereof 200,001 cubic yards or more -$170 Mining Permit � �or�the first 200,000 cubic yards Land Alteration Permit ) Plus $3 for each additional 10,000 Uniform Building Coae) cubic yards or fraction thereof. Chapter 70 adopted by) Grading Permit Fees reference � 5Q cubic yards or less $10 51 to 100 cubic yards 15 101 to 1000 cubic yards -$15 for the first 100 cubic yards plus�$7 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards -$78 for the first 100Q cubic yards, plu,s $6 for each additional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards -$132 for the first 10,000 cubic yards, plus $27 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more -$375 for the first 100,00D cubic yards, plus " $15 for each additional 10,000 cubic yards or fraction thereof. rOr.dinance No. -2- 9 � 1 iand repealing the iollowing: • �I � �� P4}�}�g-�e��x��- -$�b-- !� ADOPTED BY THE CITY COUNCTL OF THE CITY OF FRIDLEY THIS DAY O F ,� g 7'7 . I � . MAYOR - WILLIAM J. NEE � ATTEST: � • CITY CLERK - MARVIPJ C. BRUNSELL � First Reading; � Second Reading; Publish.. � � � � � � . 1 � 1 . 1 _ . �� C1: i Y 4F� f�f'IULCY � ' PLANt�llidG C0�1f1.I��IOtJ I`tEL'f:1NG . " 10 � . � _ r� �, �,r� , ;�; �� ._......____� � _.___ - CALI_ T� ORDFf�:: thai rper�,.r,n {�4arris ca2led the me��ing t;o order at 7:4D P•M • ROL!. Ch!_L � Members present: p1em��rs P.Ls�nt : 4thEi^s Present � Starla� Bergman, Harr�s, Schnabel, Langenfeld peterson Jerrold Boardman, City Plar�ner APE�ROVE Fi_k�JRIt,lG COP1T'i75SI0t�! f1TPlUTES: M�� '�� Z977 Mrs• Schnabel cl.�rified the ninth paragrunh on Pa�e f�-� the seccnc( ser�tence• She said it should read, ^S��e s�id tha� eac.r� af the .four lots individually••••^ Mrs• Scl��n�-�h?1 corrected a ty�ographica�. e� ror on pare �--U7 f if'th parag��h • It should read "Mr • Frank wante� i:o know i� tF�e entire areG on th� Grawing was zaneci as R-y", Mt^�. Schnabrl �anteci the eiahth paragraph on Pag� 22 i.o iridica�� thaL Tir• l�yr�a�� Sr�ith was representing Dr• Sal<amc��o, the owrier of th2 prop�+�ty• MOTTOPJ LS� Mr• Langenfeld-� seconded by Mr• E3ergm�n» �hat the planning Co►�rnission mi��utes of May �, 1,977, be ap�rov�c� as ame��ed- U�on a voice vote, al"1 voting �yeti the moi:ion carried unanimously• 1,• PLBL_TC HEl.RING: RCZ��"I�JG �Ff�UE�T 'OF� �77-0�� gY ti0F3E(� i FL { i Ei�: R^zai�e Lot 4�1,, Bloc1: �,c, Spring 8i�ooE� Par� K AG�i��i'�+�� from P1--7, {light ir�ciu:..=trial areas} �o R-], {sirigle family dw�Ilir�r� areas.',�� so st can be comk�ined with Lo� �+2, Block 1,�, Sprinq bi�oo� Park Addition, {alr�ady zo«ed R-1,}, �o make a resid�ntial building site-� the same ueing 1�6 E1V S�re�t N�E• , MOTION by Plrs• Schnabel, seconded by Mr• Langenfeld, ta open the publ ic I�earing R�zonz ng Req��est ZCA � 77-�2, bY Ro�ert F1 aten • Upc�n a voice vote, all voting Gyc�, Chairperson ;i�rris declared , the publ ic Hearing epen at, 7; 48 P• Pi - Mr• Robert Flaten of ?424 Wes� Circle was present• �t � . 0 � � F'L,1iJPl�C(JG CO(1f1ISSI0N r�r_r'fTPJC — P1AY 1,d� 7,977 Paye c �' � f1-r• (3o:�rclrr��3n c�xplained that the �eLitioner planne� to combine l.ot:s �►], �and �� so th�at, he could constru�L a one-f�mily residence• L�t 42 is zonec� R-J,, however, Lot 4Z wa� zoned f1-1• The request is to rezone Lot 4], �a an R-], Lot • i� f1r- Flaten �aid that hc wanted to build a house on the �ats• He s�id th�t wh�n he a�nlied for'a Building Perrr�if. !�e had been informed that he would have to apply for a Rezoning of Lot 41• f�r�s- Schnabel td��nted to knoi�i if he planned to live in the house or if he planned to build it for re-sale• f1r• Flaten indicated that he intended to live in th� house• Chairperson Harris wanted to know the frontage on the two lots• Mr• f3oardmar� explainecl that both lots were 3D-foot Lots• Ne said that the two IoLs combined would make a 6d-foot Lot; upon which Mr• F1atEn could construct a single-family do�elling• Chairperson Harris wanted to know if there were any adjacent Mi-7, properties • Mr• Boarclman explainc�c! where the industriGl sites ��ere locat�d in regards to the lots in question• � hlOTION by f�r• LangenfEld� seccndcd by �1r• aergman, to �los� tl�e {��.,bli.c Hearing R�zoning Rec��:est ZOI; �-77-�2 �y Rok:ert F' aten• Upon a voice vate, all voting aya, Chairperson Harris declar�d the publ.S.c Hearing clase� at 7:SS P•f�- MOTION by !ir• �anc�enf�ld, seconded by Mr• Bergn�an� that the Planrring Cornmission recommend .to the City C�izncil approva], of th� Rezcnin� Req!�est 24A �77-02, by Robert Flaten; to rezQne �ot �41, Block I,2, Spring Brook park Addition, from f1-L {light industrial areas]- to R-1, {single fiamily d��ellirg areas}, so it can b� camained with L.ot 42•, Blocl: Z2� Sprirtg Bronk Park Addition, {already zoned R-1,}, i�o mal:e a r�sideni:ial buildin� site, the same being �,76 Ely Street N•E• Chairp�rson Narris asked Mr• Boardman if there woula be any easement problems• Mr• Boardman indicated that there would not be �ny easement problems• UPON A VOICE VOTE, all voting aye, the motion carried unanimously- � � PLANPJING C011MISSION 11FETING — MAY ]�� J,`i77 A��g� � 2• PUf3!_TC I-!EARItdG: R�ZONIPIG RE6!UES".', ZOA #:77-D3, f3Y � C• U• CHAf�ULEK: Rezon� Lot ],', (sTock�, Jo�nson� s River L�n� Acic�ition, from R-], {sinql.e f�mily dwelling areas} . tn R-� {multip.l.e farnily c�wclling area�}, and� r�zone � . LotS 2 and 3, Eilock 2, Johnson's �a.ver L_ane Addi.tion, from C-],S {local shopping �reas} �:o R-3 {multzpl.e family dwelling areas} so these three lots can be used for the construction of a 7 unit row house development and/or townF,aus�s, g�nerally iocated betaae�n 64 1,/� �)�y and li � i ce o th e-� icle of ast Rivei� Road N•E • Mzssissip� Pla n e W 5 s C f10TTON by f1r• L�ngenfeld, second�d hy rtrs• Schnar�el, to open the Puk�lic Hearirig on the Rezaning R�quPSt, ZOA �77-0�, by C• D• Chandler� Upon a voice vote, a11 vot;ing Gye, Chair��rson Harris declared the public h�aring op�n at 7:58 f�-M• t�r• �oardman explained that there were th►^ee lats involved � in the request• He said that Lots � and 3 4�ere zoned C-7,5 and L.ot 1, was zoned R-7,• He said that the request was to rezone � all thr�ee lats to R-3 so that the lot:s can be useci for the � consLruction of a roua-house dcvelopmer�tt and/or townhouses• Mr• E3oardman cnntinued to explain �F�at �ir� Ch�:,ndler had proposec; buildi+�g a certain type of dwellings, howe�der; a�ith that particular �esi.gn he could only fit six units on the pr�operty � while the square fontage of the propert.y wo�ald allow the construction of eiyl�� units• Ther�fcre, he sa�.d tl�a� Mr• Chandler decide:� to first get a rezoning of t"c pi^aperty a,�d � then he would �raceed wit�� th� planning of er,actl.y what would be �uilt on the pro�er�ty• � Mr. Chandler of 1,1,32C1 Mississippi �rive and f�r• Talbot af Calhoun Realty wer� present• l0 g Mr• Chandle;^ expl.ained to ti�e Commission that he had owned the � property for about 1,5 years and �aas now tryinc� to build something on the property in order to get bac�; his inv�stm�nt• Ne had pictures af �hE property, s��rrour�ding areas and buildzngs, � and the typ�s of �nits he toas contempl��tzng- He indicated that. he felt that wha� t�e planned for tf�e property would be a r,00d use for the particular lo�s and ioca�ian• ' � ' ' , ' Mrs• Luckow of 1,61, - 64 1,/2 Way N•E• wanted to know if Mr� Chandler had any definite plans of what h� was going to build on the Lots and if they would be for rental or re-sale• She alsa wanted to know what size th� uni�s would be• Mr• Chandler indicated that�.at that point he had no definite plans• He pointed out that whatev�r he would do would meet all the existing cades• He wasn't sure if the proper*y would be for rental purposes or sold• He also said that he wasn�t sure of the size of the units• F't_1l��di�dlN(; COf1f1ISSIl)tv t1F:f�TIN� -- t'll1Y ],�� ],977 �?��' 4 f1r• 'f�-s].bot af Cal.houn (zealty �r,pl��ined th�i: everything they had F.�i��r,osed to thai: noint in tin�e had nat met v�riou;; codes anc! G�oulcl huve n�eded numerous vari��►�ces• He indicated that the nwner h�+d decidc�d to first yet th� rezoning and then get wit;h the City and decide exactl.y wh�at could be built on tihe property th�L- would meet all er.isting code�• 10 C togetlicr Mr• Fred Foster of 6��41 Rivervi�w Terrace er.press�d disappoiritment i:hat h� had not been notifieci of the Public Hear�inc� especi_�lly since thEy L�ouZd be gre�tly effected by i,he �raposed �lan since th�y 1.i.��ed on Lhe corner of 64 7,l2 �1ay and Kivervi.ew Terrace• He also indicated that he was �reatly disappointed in the preserit multiple d��ellings in i;he area• He said �I�at the �co�le living in the apartments in the area didn�t pay ati.ention topvsted speed sigr�s; he said that there wasn't adequate off-street parking so that cars were always pGr4:ed up and dooln tl�e streets• Ne con�inued by saying that the nearby apartments were not n�at and were not ke�t up• He said �h�re was al��ays garbag� around the yard and most were detrimental to the area• Mr• Foster felt that with the taxes he had to pay he didn°� want to see any more apartment buildi.ngs in the area• Chairperson Harris tried to explain �a �1r- Foster �Ihy he hadn't been not:if:ied of tl�� Fui�I�c Neai^ino• He said t"at City Hall could have slipped up and not serit him a notice• HoG�ev�r, he continu�d by saying tl�at there had b�en a sic�n post�d on the proper�cy indicatin; that th�rc t�1as to �e a publS.c Hearing on tne property• fi� said tha� City Hall rr�osi: definitely tried to be sure that �veryone that �dQUld be concerned or effecf;ed by the rezoning was n�tified• Ne apologized for the oversight� Mr- D�nnis Pf�itzner of 643D Rivervzeu� Terrace agreed with a�hat (�r• Foster had said regUrding the present apartm�nt buildings and the people living th�rein• Ne felt that more a�artment buitdings would only give more headaches to the 1-�ar��e owners in i�he area • Mr• Luckow of ],61, - 64 ],/2 Way N-E• questioned the construction of a seven-unit row house on the three lots• He �aanted to know how mar�y sqtaare feet would be for off-street parking• Chairperson Harris said that an off-street parl<ing stall was 10 x 20 feet or 20� square feet• Mrs• Schnabel indicated that the current ordinance re�uired off-str�et parking• She said that 1,-1,/2 stalls had to be allowed for each one-bedroom unit and two stalls for each two-bedroom unit and 2-1/2 stal�s for each three bedroom uni�• ❑ II� � ai nr�r�-r r�r, CO(111T'� ;�TON r�rr i 7 r,� -- ��nY � n � 1`� P��g�' � Mr• C`�andler inclic�ted to tl��e audienc.e tt��aL he w.as requesting a higher �3nr� b�tter use for the proper�y- Ctrs• Fo�ter indicated th�:3t al�l the chi.ldre� played in a park loc�ted nc�3r the lots in_question• She said that the park was the only play area for th� children and she couldn't s�� brir�ging in �even mare farnilies, With chi].dren• She said wf��t the area really need�d was more recreation area and not more apartments• . Mrs• LucE:ota �,�ant�d clarification as to exact].y wh�t could be const:ructed on a C-]�S Lat • Chairperson Harris read to the audier�ce exactly what would be a2loaled on a C-1�S Lot • At th�t point Mr• Boardman said that on C-LS properties, 160 fooi: frontage t�as re�ui.red• He said that the Comme��cial property did not m�et that requirement• He said thGt th� �ornmercial only had about Z/� of the required square footage• Mr• Chanc�ler• indicated that what he had been i;old by the ! Building Znspec�or did not agree �dith �,�hat �ir• Bo�rdman had said• He said that he o�ould take it bGc!< to Court• He said tI7U�: he had an invPStm�-nt of ov��r �40•�0[70 anc� he c,rasn' L ' going to put up with ihe Ci�cy co��ue��rizrr� I�is pi�operty fram a�zy usc • ' � 1�r• Ber,man ►�anted to know if Lots 2 and 3 a�ere ever large enough to build �s C-1,S• ' �r. goar�man indicated that Lots 2 and 3 were never large enough tc� meet tl�e square fiootage r�quiremer�ts to bui.ld as C-1,S• F-le said that they CpLl�C� be buildable wi�h a variance• ' , , � � ' 10 D i�r- Boardman went on to exr�,din that there was an exclusion in the R-1, District code that would al'! ow an R-1, lot to be used as a parking lot by ge�ting a Special Use Permit• He said that together with Lots 2 and 3, Lot 1, could be used as parking area, therefore, making lots 2 and 3 buildable C-LS �,ots• Mr• �handler ir,dicated that his request was a very natural request and it would be an'upgrade for the property• He asked them to realize that the entire street had apartment buildings• Mr• & P1rs• Foster indicated that they would like to see same plans• I�� ' . • �,._., _.,.. . i' Mr• Chandler said that he dicjn't have �ny defini�� style plans at that� time• Ne indicai;ed tr��t wh�tever was pl�r�ned for those lots, th�t alI City Cocies would be rnet• He said tr,�t 10 E the first tl�ing he w�nted ta do was to gc�t a rezoning of ', � the ro ert and that he olould pr�ocecd from that point• p p Y , �� ' � � Mr• Foster asked (�r• Chanc�?cr that; if he got the lots rezoned to R-3� �lould he try to get eight uni�s on the property• Mr• Qoardm�n indicated that if Mr• Chandler r�ad the right design, that eight units could be con;,+:ructed �n that property• f1rs• Foster asked if Mr• Chanci7.�r planned for a yard area• Mr• Chandler said that hc woul.d have alJ. i:he requir�d setbacks• Mrs• L�+�o� wanted L-o knaw if provisions would be made for cliildren • f�r• Boarciman indica�ed that ther� «ere.no requirer�ents �o provici� play areas for �he children• Chair;�erson H�:�rris made reference �o th� p1aL as �o the 20 • 1,D foot al ley tf�at was �.ocatec{ next to 64 ],/� Way • Mr� �oster indicated that t��hen they mov�d irto the area, th�y � had a private drive'°4Jc,y anto EGst Riv2r Road • He �ai� that now the str�et had taken up ti�e al.ley• ' �hairperson Harris wanted to know how much of �he praperi;y i.n c�uestion had been tak�ri for �I�e East R�ver Road and Mzssissi�pi Street intersection improvement• ' � � � ' ' ' ,� fir• Chandler indicated that approximately 3Q feet had been ta{cen from both ends of the lot• ChairpErsan Harris as!<ed if the property �<<auld have been a legal C-1S lot before the condemnation• �tr• Boardman said that even before the candemnation, the lots were not buildable C-1S lots• He said that very probably the City would have NA➢ to gi�ant a varia�ce since P1r• Chandler would have had just cause �or a I�ards}iip• Mr- Langenfeld asked Mr• Chandler if his plans were speculativ� at that time• Mr• Chandler said that he.had a contract for the purchase of the I.and if and when the property was rezoned• �J� � � ill ' ' � � F'L.AhNI hJG C011�1I SSI:ON �9E ETT�lG --� (1AY 1,cs, �,•y r � r��j�' � Chc�irper•son Marris asked Mr• Chand].er i.f his con�ractor woul�! dr�w � �ii:e plan• - • (�r• Chanr;ler indicated th�t he had al.ready drawn up three site plans ancl had gotten no results• He said th�t they real.ly ne�ded t(��e rezoning f irst • t1r• Boardrn�n er.plained th� ot:her requesL-s that Mr• ChandJ.er had made and wha� had happened on each of them• He said that tl;e lrast pl�n he saw was for �ive L-wa-bedroom units and three three-bedroorn units• 10 F f'Ir• f3o�rdman indicated that the plan woiald be for a two-story unit zn answ�r to a question f�y Mr- Foster• Mr• Phitzner didn't like the idea that the �ity put in a park that was not and would not be 1Grgc enough i:o handle the children in the area• Also he said that �he park was located on a street tha� was basicall.y dang�rous due to the ai�unuanc� of traffic contri�ui;ed �o by th� apai,t,ment cc,mplexes in the area• At that poin�, Chairperson Harris said i:hat he c�nsidered �i;is ' r�quest a major r�zonin� and thai it t��as not uncasual to req��zre a site plan• H� indicated i;hat he would not be able ta vote an the rec;ues� until h� saw a sit� plan• f1r- L�ngerf�ld wanted to knour, if the r�z�ninq was grGnte�, a�hen Clr• C��andler wo��ld plan ta start ccnstruc�?on• Mr• Chandler respondc�d that actually he had nu idea but f igui^ed pr�oLably sor,,�time in the Fall • fir• Langer�feld ex�lained to �he audience and Mr• Chandle:^ that the Commission had to make their dec�sions f�ased on the City Codes and Ordinances• Ne said that in th�.s case it should k�e nated thGt the memb�rs of the Commiss�.or� were very concerned at�out the safety af the children in the area as well. as t;h� general safety of the public• He continu�d to say that �h�y had to keep in mind that the request �-las t� rezone two Iots presently zoned C-ZS and one loi, zoned R-], to three lo�s zoned R-3• He said that it should be kept in mind i:hat any of the previously stated commercial enterprises could be canstructed �on the lots in question• He said that he only madP the statement for informative purposes• Mrs• Schnal�el wznted to know T1r• Chandler's explanation of Row Houses and Townhouses• 0 � . PLAtJNItJG COI1MISSTON MEETTNG'— MAY ]�t�ti 1`�?? �'�9e � � l0 G Mr • Ch�-�n�Jler f ir.�1; wani:ed to expl.�in that what -was stated on th� Public Hearing notice was not actually what was being plannE�d• I-le said.t-hat �he notices had been sent out before he had witr�dr�wn his ina.tial. plan• Mr• Chandler then �xplained that he felt�th� definition of the two housing types were interchange�ble• ' . • Mrs• Schnab�l indicated that she did not feel comfortable giving ap�roval.s for rezoning without seeing a site plan• f1r• Tal.bot asked for verific�tion as to exactly what the �ammission wanted in regar•ds to a site p].an• Chair�erson Harris showed f1r• Talbot an examp2� of what he ��nted • . At that poirt, f1r• Talbot showed the Conmi.sszon the site plan that had originally been draw�n up bEfore they decided tc first rezone the property and then draw up plans that would meet all City Codes• � Mrs• Foste•r asked f�r• Chandler if he could try to plan i:he units so that the traffic from �he units did no� go to Riverview Terrace• . � � ' ' � , ' � t�r• Chandler felt that it would be impossiule to say what �h� traffic would decide to do- Mrs- Foster indicated that she felt the City shauld b�ay these lats� Mr• Chandler said that he didn't care wha bought the lots• Mr• l_anqenfeld asked (�r- Chandler if he had considered putting up sinqle family dwellinqs on the lots• t�r• Chandler indicated that the loi:s were toa expensive to try to sell single family dwellings- Mr• Boardman explained that wheri they were going through th� layou� af the property with a particular type of construction, they co'uld only get six uni�s on the property without a variance• The owners of the property fel� that six units would not pay for the property- 0 J , ' (�L.ANN:CNr COt1t1ISSI0Pd f10ETING — �1AY 1�l�-► .7,977 Pac�e `i 1� �� Mr. E3ergm�3n expJ.ained t:hat he thought Mr• ChandZer would like Lo do somcthi.ng with hS.s property after m��ny years of tax . paying and awnershi�• However, Pie fc�lt that the neighbors also had justitiabl� fears of more chil.dr�n in th� area , inad�c�uaLn playgrounds and rnore tr�ffic problems• He said �that it ciid bo�her him to have a plan submittc�d that would require vari�nces• He felt that if Lhe best use of th�� property was for ta�lnhouses, then the problem �h�t should be d2ait with would be one of density• . Mr• Chandler pointed out that �he site plan befr�re the Commission was not the plan L-hat they were going with• I� , He said ihat the new ��3.an that ��aould b� drawn u;� would , meet all requirsments that the City needed• Mr• Bergman said that a rec;u�st for a pl.an did not imply approval even if the plan cii.d meet codFS• He saa.d that basi.c�l�.y i;he request at hand was for rezoning and the site plan would n�t commit th� oi��er to do ex�ctly as the site plan staied• I�r• Boardman indicated that it also woulc! not I�ind him to that site plan• , Mrs• Schnabel pointed out to the au�ience that if �fie rezoning w�:s grar,tcd, that Gny requesi�s ��r vari�nces would ' have to �o befare tl�;e �',ppeals Commissicr • She said that � at that time �he neighbars ioeuld ��ai� be ak��e to exC�ress their feelings in regard to t}�e number of units and the layout of the units• Also she saad tnat thP r�GuesL-�r a!ould have to have concre�e plans before he could appear i�efare ' the Appeals �ommission• Mr• Bergman indicated that the Commzsszon was dealing with Mr• Chandler reg�rdinr� a request for a rezaning• However, he said that ance tr�e rezonzng uas gr�nted, i:h�y would hGve to deal witn the developer and he could came up with anything within the ordinance for that zone and the Plar�ning tommission would have no con�r�I• He said th�� the developer could have a whole different picture as to what he wanted to do with the lots• Mr• Langenfeld said that he understood r1r• Chandler's position as far as he had property that he was paying taxes on• However, he said that he could not vote for a r•ezoning until he knew exactly what was going to be done with the �ots in question• . At that point there was much discussion amongst the Planning Commissior� as far as putting stipulations on the rezoning and whether the stipulations could be enforced• 0 '�' ' Pl.hr�r�lTf1G C.011t1ISSZOPJ «�_�_r:tr�r — r�nY ]�b, 1`177 pt�g� �,p Ch�+ir�,er;ar� li�rri� said that sti�ulations cou].ci be enforced as f��r• a� tf�e locativn ot Lf-�e uni.L; on the propert,y, the nurr}�er of un:ts, and the acces.� to Lhe unit�• f1r• �h��ndl.er felt thaL- putting sti.pulati_Qns on a rezoning wa� ' not ��rt of the planning �ommis,ion's juri�diction• He felt thtaL since thr� r�zoniny would �e an impravernent; ta the prop�rty ancJ i;i��t as lang �s they met all tr�e City �odes and � requirements7 the Cor�rnission sl�ould not be �bl� to put any st��ul�]L�.cn`-; �n the r�ezoning request� f�►e conLinued to say th�i; th� Pl�nni.ng Corr,r��is�sion w�s not put.ting enouyh confidence in i:he City planning �ep�i�tment• Ffe felt �hat mo�t of the ' issucs i:hat wc�rE being brought into the rezoning reruest wer� alr�ady coni:rollecJ k�y the City Codes• �irs• Schnab�l indicated that she was awarc ef bath sides of the issue• ShE said that the resic�nts in the are�� definitely had to be conc2rned abaut; th� safety of Lhe chilcfren and that �hey �iso had a definte ti^affic prablem• f�ow�ver she said that if �hE prap2rty �rere to rernain commercial, it wo�ld result in a har�ship for !�r• Chandler in terms of access to and from the pro�er�:y � firs• Foster sazd that she fe7.t adequate otf-str�et parking HAD to b� required• �1rs• Schnab�l s�id th�t the current ordinanc� req�lired a{f� street par�;ing. . In respons� to Mr� Bergman's qu�stion reg�ruing the zoning of the neighboring areas, f�r• E3oarc�man cxpl�ain�d all the zonzngs in the area• Mr• Beryman indicated that he person�lly felt ther� was no problem wii;h cn R-3 zoning for the lots; ho��,ever, he felt the pr�b�.em was ihe density• He said that he would be for the rezoning if a limitation could be set on the d�nsity bu� he was not sure how that could legally be handled• Mr• �handler felt that that was covered in the Building Cocie• 1 Chairperson Harris said that he wanted hir• �har�dler to get wzth i�i.s contractor and decide wliat ��ould be done on the property and have a site plan drawn up• ' , , �J ' Mr� Chandler agreed that he would try to get in touch with the contractor and have a site plan drawn up• Mr• Foster wan�ed to know exactly how many units were being considered. Mr• Chandl�r indicated that seven units was the tentative pl�n• 10 I c � ! , , ' , ��rJ1�'T(�rin] (a � Q�j"� ('�]. �`T()1�J 1`t C.i.:. 1�. 1`7T� l.i Ji 1 J� f/ 7 .1� 1 I f r�� .0 Mr• Phi.tzner ��i.d that no matter how many unit� were in the �lan, he didn'L feel i:he rieighborPiaod nc�eclEd �ny more traffic or any more peaple• Chairperson H�rris told the aud.ier�ce that the Planning Commission had to respond to f�ir- ChandZer's r�equest• Mr• f3ergman indicated that just because the Ordin�3nce would allow seven or eight units, it didn't mean that the developer wou].d NAVE to put the maxir��um number of units on the property• He said that perl��aps the developer could consic�er a la.ttle more green area and a few less units• f10TI0N by Mr• Qergrnan, seconded by f1r• Langenfeld, �hat the Planning Commission continue the Pui�l ic I-Iearing on the Rezoning Request, ZOR � 77-03•, 8Y C• D• CNANDL�R, to rezone Lat y, Blocl< 2� Johnson's River Lane �ddition� Frcm R~1, {single family �we].].ing areas} to R-� {multiple family dwellin� areas}, ancl, rezcne Lots 2 and �, 61ock �, Johnson's River L=�n� Additiar�� from C-1,S {local shoppin,r� areas} to R-3 {multiple farnily dwelling areas} so these three lots can be used �or the construction af a 7 ur�it row house development and/or tcwnhouses-, gen�r�lly lacated �etween 64 ],/Z Way and Plississippi Piace on the West sicle of East River Road N.E• until the ne�:i; planni�g C�m�is�icn m�eting {Jur�e 8, Z977} at which time Mr• Chandler and the develop�r woul.d come before the Commission with a aefinite site plan• ChGirperson Harris indicated that the Planniny ;cmmissior ' wasn't allo��ed �o tell Mr• Chandler how to dra�:� his site plan, he said that the Commission could only r�spond �o a si.te plan and his reques�• He said that f�r• Chandler was tQ � have a pl.an drawn up and the Rlanning �anlmission �ould respond to the re�;u�st• � �� ' ' r � �� 10 J UPON A VOICE V4TE� all voting aye, the motion carried unanimously• f10TI0N by Mr• Storla, seconded by �1r• Bergman, that the PJ.anning Commission suspend the rules and handle Item 7B of the agenua RECOf1(�IENDATION FOR �200 FOR TEEN CENTER• Upon a voice vote, all voting aye, the motion carried unanimously• , Plnr�r��!JG cor��t�SZOr� f1EETING — MAY Zl�� ].`�77 ` Page ],2 ' 7b RECOMf1E�dUATION FOR �2Q0 �OR TEEN C�NTER Ms• �1ary Ar,cierson, the Coordin��or for the Fridley Teen Center w�-�s present • � '. . Ms• Anderson irdicat;ed that it had been brouc�ht up ai� the Numan F�esources Commission that a fund b� estabZished to hel.p st�rt up the Fridley Teen Center• She t;hen presented a report listing the iterns that were needed to help the Teen Center get started• The Planninq C�mrnission took a few minutes to study the report- 10 K � f�OTTON by Mr- Langenf�l.cl, seconded by Mrs• Schnabel, that the Planning Comrnission receiv� thc repori, from �1s•� Anderson• ' Upon a voice vote, all voting aye, the motion carried unanim�usly• ' ' � � Ms• Anderson bri'efly explained i;he items lzsted on the repori:• She also answered a few questions that the CQ�missi.on had on several of the items• f1r• Storla explained that the TPen Center �ersonnel had been econnmical lJ1tI1 the mon6y it had previously received fram the �ric�ley S�aiE �ank to hclp �he�; put on a danc�� N� said thafi the dance o��nt f�irly well considering �.t h�d been held on the same nigrt as a�LUdent--f�cu��y k��s�:ttbal]. ga►tie • N� said that the Cammittee ended up with about �2� down• Mr• Starla said that at thattimQ they n�edEd money to hel.p 'to notify people that the T��n Center was op�n and to help the Teen Center get off the ground• (�rs•.Schna�el as4;ed if the report indicated the do].lars that were needed• Ms• Anderson said that they were only reques�ing �2D0• , MOTION by ('ir�• Bergman, seconded by �1r• Langenfeld, that the Planning Commissioc� reconmends to City Council �pproval of the request for �200 for the Fridley ieen Center• Mr• Langenfeld made a suggpstion tha� tf�e Teen Center try to sell Stock in the Teen Center• He felt that possibly the suggestion �aould get more people interested in the Teen Center- �hairperson Harris and Mr• Storla expressed that �hey felt it was a good idea worth looking into• UPON A VOI�E VOTE, all voting aye, the motion carried unanimously• , ' P(._A��!PJ:[Nf C0�1t1iSSIUPI t10ETING -- 11AY ],b, ];`377 P�a�e 13 3• vncnTZOra rfauc�r,._�nv ,�77-`CJ4,�RTni FY ��r�TTr1) ME�t�� G��I;S1:1�:� V�cate i;he utili.ty �asement over the Suuth 5 feet af Lots ]„ 2 and 3-, �and the Nortl-► 5 feet of . l.ots 22, 2', 2�� and 25, alI in Qlock 2, Christie Addition, to allaw �n addition to �n existing church, the sar�e being 6E�b flississippi S�reet N•E- Mr• Boardmar� said th�at this rea,uest was a requirement of the Buildzng Perrnit• He said that they h��d applied for a Building Pej^mi.t whicl� the tity o��:s going to hold up uni�ss �:hey had approval frorn tl�e City Council for encroachrnent on the easerren�s• Th� Council appraved their request for easement encroachment wif:h the st;i�ul�tion that thcy apply tor a vacatz4n of trie easemenLs• The Vacation Request-, SAV � 77—Q4 i.s for that vacation• Chair�erson Harris said that the drawing looked as though the Church was already over the easements• Mr• B�ardman r�spond�d that they were• Chairp�rson Harris as!<ec! if the easements t�ere still there• f�r• Bvardman clidn't know• Mr• Bernriian as!:ed Mr• Qaardman if Fridley f1ethodist Church also �t;�ned lo�s 22, 23•� 24 and c5• f�r• 8oardman said that those lots were the Church parking lot• 1 MOTIOt� by �1r• Langenfeld, seconded by Mi^• Storla� tha� the P].anning Commission receive th� tao letters from Northern States Power Campany and the on� letter fram Minnegasco � regardir�g Fridley United Methodist�Church vacation rec;uest• Upon a ��oice vote, alI voting aye, the motion carrie.d unar�imously • Mrs• Schnabel wanted �o know if the Planning Commission was being requ�sted to ob�ain easements• Mr• Boardman said tha� the church is requesting the vacation and the Staff is asking that the Rlanning Commission, as part of the Vacation, stipulate the rededication of easements• I � . 10 L P 1 , I�� pLA.tJP►7rrr, COt1f�IC�ZO�J MEE TING — I'1!►Y ],b� ],9"?7 p��e 1,4 MOTIOt�I by Mr �• Schnalael, second�d by f1r- Bergman, that the Pl�ar�nzng C�mroa�sion recommends to Ci�y Council ar�pravaZ of the Uac�tion Reque�L, SAV �:7?-04, Fridley Unitea t1ethodist thurch tn �acate.the uLility e�sement over the South five feet of Lots 1� 2 and 3, and the North five feet of Lots 22, 23, 24 anc� ZS, all. in al.ock 2,� Christie Add•i�ion, to allaw an adclition to �n er.isting church, the s��r�e b�ing 66E, flissi�sippi Street N•E• and that they stipul�te the rer�e�icai;ion of ea�c�ments of, t�n feet, along the west property line of L�� 3'� 1,5 feet alang tr�e west pi�operty line of Lot 22; and five feE�t along the narth property �ine of Lot 22• UPON A VOICE VOTE� all voting aye, the motion carried• Cahirperson Harris d�clared a short break at 9:5� P•M- Chairperson H�rris called the me?ting bac{: to order at 10.DQ P•M- t10TI0N by Mrs• Schnabel� seconded by (ir� Lanaenfel.d, that the planning Commission susp�nd tl�e rules and handle Items 5, 6, 7, and 7a and flcld ItEm 4 ur�til aft�r adjour•nmen�t • lJpon a voice vote, all votinc� aye, ihe mo'�ien carried unanimousl.y• � ti�airNet^scn Har�is in�'icated that item 4 Cdl�lTlf��UED: PROPOSFD f1l�INTENAfvFE COl?E. be handled �s Worksf;op ait�r adjournr�ent af the Pl�nning C�mmissio� �ieeting• � 5• RECEZVE: PARKS & RECRF l�'fTON C.OhiMISSION �1��!�TES � APRIL �5 � 7�9 �? ' P10TIUN by Mrs• Schnabel, seconded by f9r• esrgman, th�t the p)anning Conmission receive the Parks & Recreation Cammission P1inui.es of April 25, 1,977� r , Mrs• Schnabe2 indicated that on Page 6�, the second p�ragra�h, s�cond to last sentence should read ••• ^The real solu�ion would be to outlaw utilization of motorizea RECREA'fIONAL vehicles in Fridley, •••"• Mrs• Schnabel indicated on P�ge 64, the last paragraph7 had � what she believ�d to be typoyraphical errors• Reference was , made all through the paragraph to st• Louis Park and she felt � that they should have been Spring Lake Park• UPON A VOICE VOTE� all voting ay�, the motion carried unanimously• � ' � � l0 M 0 I� i I�� , [� PLANNIIJG CO(1�1ISSION f1ECTING — f1AY Lls� 1,`l7? . P��g� 15 6• RFCE7VE APF�EALS C_Ot1f1ISSI0N f1TPJlITES: f1AY ]�� Lq77 MOTIQN by f1rs• Schn�b�l, secor,ded by �1r• Langenfeld, that the Planning Commission rece�ve the Appeals Cornmi�sion Minutes of t1�y 1Llry 7�`l'??• �� Mrs• Schnabel indicated that an page 79 a� the end of the fourth paragraph, a sentence should be added —"Upon a voice vote, all voting aye, the rnotion carried unanimousl.y"• t1r• Langenfeld wanted to know if a motion was necessary to t�ke an item from the Table• Chairperson Narris indicated that it was nec�ssary� There was some discussion regarding !�r• Peterson's variance requests• f�rs.• Schnabel said that Ut the A��pe��ls Commissi�n meeting, f1r- peterson, had withdrauan his request to bui].d multiple cla��eZlings on hleadawmoar Drive• She said thdt after that stateR�ent, th� neighbors in the audience were not very vccal• Mr• Baardman indicateci that it had gane to City Council and that Mr• Peterson f�ad decided to buil.d sincl.� family dwellinas on (�eadot�umoor Drive • UPO'rd A l�OICE VOTE� alZ voting aye, tf�e r�ation carried unanimously• ' ?• RECEIVt HUt'1AhJ RESOU2CES C011MISSIOi�� PiINtJTFS� iil� Y 5, 7, `i 7 1 MOTION by Mr• Storla, seconded by Mr• Qergman� ti;at the Pl�nning ' for�mzssion receive the Human Resources C�mmission minui;es of (�ay 5, ;,977• � Mrs• Schnabel asl:ed (�r• Storla if there h�a bePn an;; problem reqarding the Tenant/Landlord Project C�mmi.ttee with two people on the Committee from tl�e same Complex• � ' � � � P7r• Storla respand�d that they preferred that 1:he Commi.ttee had Qnl.y one �enant from each complex• f-lowever he said tha� that was a large coR�plex and tf�er�e did appear �o be mare interest in that complex than in most of the other places• Therefore-, he said that they decic�ed to aZlow it• Mr• Storla continued to briefly explain �he actual function of the Committee• Chairperson Narris �aanted to know what the Tenant/Landlord Project Co►nmittee's objective was• 10 P� ' . � PLA�fJNT.PdG COt1tiTSSION i'ICI-TING -- 11AY ]�8, 7,`17? � Page 16 t1r• Stara.� indicated that the Fridley T�_�nant/Land�ord Projeci: Comrnitte� sh�ll ac� �s �n advi�ory committee to Lhe Fridley Human Resources Commi�sion for the purpo.e of m�int�ining a quality of life.in resideni:ial�rental stock consistent with the stand�rds o� �11 residen�s.in the community; anc� devel.opi.ng methods, polici�es, artd means of ensuring that the rights of ten��nts and landlord� are pro"tected and h�rmonious relationship� facilitated• Ne s�id that l�asically �.he objective was to rnaintain the quali�y of life and to increase communicaticn bei;ween k�oth t��e tenarit�s and landlords to try to work out any problems before they become so accute that th� tenants are evicted or a tenant "skips" out on his rent• f1rs• Schnab�J. wanted to kno�� it the memoers of the Com►nittee would be serving Gs a screening board for future rental applica�ions• �1r• S�orl.a sa�id that they would have some set committee to do the screening• Mr• Bergman ��anted �Lo know if this Committee i�1as connected with t�he Tenants Union• Mr• Starla sGid that there was no connection• The Tenants (lnior� was iar the peo;�le in the City o�f tiinn�apolis• He went on �o sGy thut tr�e Tenants Union was more of a"last resortR type thing• He said that the TenantlLandlord Project Commit'cee wGs formed to get the cornmunacations es�ablished between tf;e �er�Gnts and landlords before the probl�rs resultEd in an eviction or someone ^skipping out" on his rent• Mr• LangenfeZd wanted to make'a point reg�rding � stat�ment made by Mr• William Scott on PagE 95, s�ven�h paragraph, in wi�ich he sta�ed ^•••under the influence of alcohal �o use the restroom facilities� and, whereas7 the Commission did noi, consid�r tha�c kind of inf�uence conduczve to the we�l-being of Fridl.ey's young people; •••"• Mr• Langenfeld felt that �1r- Scot� was labeling people without having a21 the pertinent f ac�s • Mr• Storla indicated that �1r• Scott only made the statement after several people had made the s�atement to him• He taas taking sar�ieone el se T s worci • Mr• Boardman said that the Rest Rooms were open to the public � and asked f1r• Storla what the Commission intended to recommend- � � � � �' Mr• Storla said that they made a motion to have satellites set up• UPON A VOICE V4TE, all voting aye, the motion carried unanimously• �'here was a short discussion on the elections of officers at the various tommission meetings• 10 0 II ' �I � � ' i � � � � PLAN�3:ItJG C0t1t�ISSION !1f LTTNG --� P1AY 1�5, 1`j�?7 P��' 7,7 7�• REC4f�fiEP1DATI0N �Of� �]„00[J f'OR SEt�JIOR CITTZEN uIELL CLINI� { C h N } ___.__ -- f�r• S�orla �poloyized that he couldn't give much background an the itcm• Ne indzcated thGt Mr• Kla.ne was c�oing to be prescnt at the Plannina Cornmission m�et;ing to give a formal �resentation• However, since I'ir• Kline did not show up, Mr• Storla said he would try to answer any questions as best he could• �1r• Storla circulated copies of a booklet he had rec�arding the S�ni.or Citizen Well Clinic Program- � �1r• Boardman asked w'r�ere the Clinic was located• (�r• S�orla said that it was in th� North Suburban Family C1. ini.c in Coon Ra�zds � �hairp�rson {-R�rris wanted to know if the Program was just for the Seninr C�tizens in Frialey and Colurnbia Heights• Clr• S�orla said it was for all Ano{;a County Senior C�tizens• Chairperson Harris wanted to knaw l�ow long the Rrogram had been in operation• �1r� B�ardr�.an said th�t it wGs in its third yeat^ o� opar�ticn• He said �hat the Program needed 1aca1 �unds �u keep going• Chairperso�� harris ��ni:ed �o know how much money fihe County was cantributing• f�r• S�orla dzdn't know• Mrs• Schnabel r•eferred to the booklet ar�d that that Ar�o!<a � �ounty w�s contributing �56,DOU• She said tP�at according to the boaklet the Prograr� couldn�t get Ur�ited Way funds until June 1979• � ' � � ' ' ' There �.ras much discussion as to ��here tt�e funds were going to come from and ho�d much they would be recezvinc� frorn the different sources• Mr• Storla read a Iist of the agencies that had already been approached• He said that the Rrogram was trying to get $9,500 from businesses and organizatioris• Chairperson Harris felt that• this particular program was a �ounty function and should be funded by tf,e County• Mr• Bergman indicated that $1,ODQ wa.s a lot bf tax—payer•s money• . 1� P � Ch�irpe�r�on I-Iarris ��d thai; it was noL the City'_s responsibility i to handle a County project• . �� , I'Ir• Langenfeld �said that Lhe Fridl�y Lzon's Club had don�ated a bus to Anoka County • Tn turn., I�e said, that when tf�e Fridley � Lion's Club w�nted to use th� Eaus, Anoka County charged them• �, �Ne inciicai:ed th�� tl�e Fridley Lion's Club was in t,he process . af asking for �he return of th� bus• � f�r• Eergman 1;o the Well. c�nnot drive ' d�dtl�t feel as a luxury of the need i Mr• Storla until such . Commission � it up• felt �hat the free transportation uf SPni.or Citizens Clinics should be limited to thos� pc�rsons that or have no other means of tcransporta�;ion• He that this should be offered to the Seni�r Citizens item• He felt it should lae an item offered in ligl��t. for the tr�ansport�tion service• felt that possibly the item should be tableci tirne tha� fir• KZine app�ared before the Planning and explaaned why Anuka Couni-.y wasn't bacicing Chairperson Harris and f1rs� Schnabe]. felt that it would be � important to have Pir� Kline tal.k to the Plannin� Commission and indicate �xactly what the plan o,as all abou�• � � � � t�OTION by Mr• Langenfeld, seconcJed I�y Mrs• Sch��abel, that �h� planning C�mrnission table thc recomm�ndation foi� �1,DD0 for Senior Ci�izen Uell �linic {CAP} until such time thd� �ir- Kli.ne could aprear befare the Cornmission to provide the necessary facts needed before th� Comnission could reach a decisian• UPON A VOICE VOTE� aIi voting�aye, the motion carried unanimously• 8• � 4THER BLJSINESS f10TI0N by �ir• Lang�nfeJ.d, seconaed by P1r�s• Schnabel, that the Planning Cornmission receiv� the merno frorn P1r• Bo�rdman to I�ir• SoE�iech regarding the ac�ion required to s�ttle the Hyde Park reZOr�inq issue• rr� Boardman indicated that the memo of necessary actions ' was given to tl-i� Flanning Commission for informati.ve purposes• Ne said that several questions had to be brough� up before the expenditure of money: r � , � � a} The quastion of ihe rezoning• b} Are the s�reet patterns good to promote the commerci�l develop��ent IF �hat commercial development should be promoted- 10 � ' � � 1 � � � FLAfYNLNG CQ(1MTSS7OPJ MECT7.NG -- MAY ],�5, ]�977 Page ]�9 1� � Th� Pl�+rrr�ing C�mrniasic�n c�iscu»c�d at length the Nyde Park rezoninc� issue• They arr•ived at several different thoughts and idea� of w{�at �tl�iey would Ii.ke to see and not see done• They inclicated m<�ny c�uesLioris that they felt had �o be ariswerecl regarda ng the sul�jec� • Cl��irperson Harris s�ggest°-c; that Lhe Planning Commission attend the City Council conference meeting on P�lay 23, 1977. t1r• 6oardman mat.e referer�ce to sever�l points he h�d made in Lhe merro and reiterated his reasoning for ma{<ing several of t,he cornments he hacf m�de • UPOt� A UOICE ~10TE, all voting aye, the motion carried unGnxmously • 'ihe merno was recei.v�d • AnJOURi'Jf1ENT t�10TI0f� by f1r• BerGman� seconded by Mrs• Schnabel, that the planning Camnission meeting of May ],8, Z977, b� adjourned• t�pon a voice voteti all voting aye� the moi:ion c�rri�d unanimously• C�airp�rson HGrris declared Lhe Planning �omm�ssion 1►eeting of M�y ],8� L�� j� ad joE�rnec! at ],1,:15 P-�1 - The Planni.nr, Cammissi.an held a worE:shop on the P�i0P4SED MATNTEN�N�E �G�D� aft;er the formal adjournm�nt of the May 18, ],977-, f�lannirg Cor�n�issian (�ee�ing• .1 Respeci;fully Submitted, � �7�.. „ f ,.�,� �} � �F� :%�+�`'. : -b-l',-.,,� (�,,,,,.F�,,.F.-,!, ��- ,,:.__,�.. Piaryf L�� Carhi.11 'i i (.lf T VI` TfC.LUL�T APF'EALS COP1i1ISSI0t�! (1EE'I'IPJG — MAY J,O, 1,977 Page 7. CALL T4 ORTiER = lo s Chairwoman Schnabel c�-�lled the meeting to order at 7s:�5 F'�11. ROLL CALL: flembers Present: �lembers Absent� Others Present: Schnabel, Gabel, Plemel, Barna K emper Ron HolcJen, Building Inspection Of�icer APPR4VE APPEALS COM�1ISS:[ON f�INU_TES ___APRIL �6, 1,977 f�rs• Gabel requeste� that the tenth a�d elevent,h paragr�phs on Page 5 be stricl:en fra+n the recordso MOTION by {'fr• Barna, seconded by Mrs• Gabel, �hat the minu�es of the Aprz]_ 26 , 1977, Appea)_s Corrrnission ��:Eetir.g c� approved as amend�d• Upon a voice vot`, a1_1 voti.nc� ay4; th� r:�c�ion cGrried unanimously• Chairw�m�rc Scnr�abn�. indicated that t�e Appeals Comrn:�ssion would be handlin� the first fo�,�r items on the �;yerda a� the same timc• :G• TI;E?LED� REC��EST FOR UAKIANC�S OF THE FRZ�LEY CIiY COi�E �.S F4LL4L•.lj: SECTION 2D5•06�;� 1=� TO REDI.iCr Tf-';�C LCi' �REA FROf1 1:L',�JJ❑ SQUARE FEET TO 9;6Qi� S�U��?ZE F`ET-, Ai�;� SECTIGi� 205•0�3, 41 C, TO RED�CE TEiE REAf� YA�D SE'�BA,C: �°CI� 3D FEET `!'0 2� FEET {1,/�I OF L4T �EPTH}� TO ALL.Ol�1 TH,_ CO��lS'fRUC�1Gf� 4� A TWO FAf1ILY DI:s�LLT_NG OEv LOT �, aLOC� 2�� E�DO�P100f2 TEi�RACE, T�-iE SAi1E BEI�1G 1,3�6-�1,��i OSGC��P:E ROAD N�E�, FRiDLEI', f1TfdNES�TA� {RequesL- �y La��berL- � F�terso�i, Inc� , 1,360 Osbo^ne R�ad N� L � z Friol��, t�innesota 55432}� �C• TABLED� RE�UEST FOF� VN�IANCES 0� THE F�ii�L�Y CITY COAE AS FOL.1_OIJS= S��C.TIO� ?05•063, 1,� TO REI)UCE THt LOT h,�`A � FROC1 �,O,ODtI Sl•?UAf�E FEET TO 9,[l0� SQUAf�E FEET, A(�D SECTION 2�S•QS�, 3, C, TO REDU�� THE REAR 1'ARD SETEACK FROhI 3C FEET TO �9 FEET {1,/4 OF LOT D_PTNs, T0 �LLc�!:1 T;;: tONSlRUCTION �3F A TWO FAh1ILY DUEL�TNG GN LOT 4� f3LOCK 2, MEADOWf�00K TERRACt.� THE SAf1E BEIt�:G :L344-1346 OSBORI�E ROHD N•E., F�II?LEY, f1I1��I�ESOT�� {Request by La�nbert & Peterson, Inc•, Z3�� Osborne Road N•E•� FridlFy, Minnesota 55432}- � . . � II� II ' 3• TABLED= REQULST FOR VARIANC�S.OF THE FftIDLEY CITY CODE AS FOLLOWS= SECTION 2U5•Qb3, 1, TO REDUCE TyE LOT AREA FROM 10,D00 SQUARE FEET TO 9,6QQ SQUARE �EET, AND SECTIGIV 2DS•OS3, 4, C, TO REDUCE THE REARYARD SETBACK FR4M 30 FEET TO 29 FEET {],/4 OF LOT DEPTH}, TO ALLOW THE C.ONSTRUCTION OF A TWO FAf1ILY AWELLING O�d LOT �3, BLOCK 2, f1EADOWf100R 'fERRI�C�, THE SA11E BEI(JG 1345-1347 MEADOW�100R DKI�JE N.E• � FRIDLEY, f'1Tt�NESOTA• {Request by Lambert and Peterson, Inc•, 1,36Q Osborne Road N-Eo� �ridley, f1innesota SS432}- 4• TABLED: REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS �OLLOGIS= SECTIOfJ 205-063, L, TO REDUCE THE LOT AREA -FRO(1 ],�,000 SQt1APE FEET TO 9,�00 SQllaRE FEET� AND SECTIOPI 2�5• 06�, 4, C, T4 REDUCE 'fHE REAR YARD SETBACK FRO�� 30 FEET TO 29 FEET {1/4 OF LOT DEPTH}, TO ALL0�1 THE CUNSTRUtTION OF A TWO FAf�TLY DWtLLIrJG ON LOT 22, BLOCK 2, f1EADOWM00R TERRACE-, THE SAf1E BEING 1,345-1,34? MEADOI�f100R DRIVE NoE•, FRIDLEY, f�INNES4TA. {Request by Lambert & Peterson, 1360 Osborne Road NQE•� Fridley, f1innesota}• The above variances requested are on property that is presently zoned C-1,, and any approval of variances would be contingent upon approval or a rezoning request to R-2• lOT MOTION by �1r� Barna, seconded by f1r• Plemel, to open t the Rublic Hear�nc� on tl-�e fa.rst four items• Upon a voice vote, all voting aye, the Public Hearing was opened at ?:37 Pet�. MOTTON by Mr. Barna, seconded by f1rso Gabel, that the Appeals Comm:�.ssion remove the Tirst four items from the Table� Upon a voice vote, a11 voting aye, the motion car�ied unanirrously• Chatirwoman Schnabel explained t.o the Commission that at the May 4, 1,977, Plar�ning Commissi�n meeting the decision had been made to recommend to City Council denial of hir. PetErson's raquesi;s for rezoning with the recorr�mendation that the City Council read all the minutes of the Pl.anning Cor�imission meeting to be able to know the feelings of the neighbors and the �ommissio�� members regarding those four lots� Mr• Fetersan of Lambert & Peterson, 1,36Q Osborne Road N.E� w�s present at the meeting• Chairwoman have to indicate went before the Schnabe]. indicated that Mr• Peterson would any changes to his requests before it City Council- Chairwoman Schnabel asked Mr. Peterson if he wished to ask for variances on all four lots• � � u � I� , ARPCliI S CO('if�I;;IC�J f1EETIPdC> -- MAY 1,Q•� l,`177 P�ge 3 f1r- Peter�on indicated tF�at he wished to withdraw his 10 U r�queWL-s �er v�ri�nces on the 1.oL-s located on f1eadowmoor Drive. He said he pl�nned to build R-], dw�llings on Meadowmoor Drive and R-� dweiling� �n Osbarne Road- AD�1I�JISTRATIVE STAFf= REPORT A. PUEiLTC PURPOSE SERVED BY REQllIREf1ENT= Section 205.D63, 1� requiring a minimum lot area of 1,Cl,DdD square f�et in an R-2 {�wo f amily dwelling areas} zone� Public purpose served to avoid tl�e condition of over crowding of the reside��tial neic,hborhood� Section 2Q5•063, 4, C� rPquiring a minimum rear yard � of 25i of th� lo� depth with a minx�nurr� of 2� feet in an R-2 {two f amily dwelling areas} zone• 1 Public purpose served is to pr•ovide des�.red rear yard space to be used for green are�s which add to the attractabili�y of the n�ighborhood� e Co STATED NARL�S�;IP= Lots •� if rezonec� to R-2, cannot be deve].oped a�ithout r�qu�sted v�ri�nce�� ADf1INIS1�RATIVt STAFF RE.VIEW � The configuration of the Iot is such that in order to maintdin the Pxisting front yard setbacl: af 35 �eEt, the structure must be snifted �o the r�e�r• This sl�ift r•educps t��e rear yard to less than 25i of the lot depth required by City Code• Ap�roval o�` this request ��ould be cont�nyent upon rezonir�g of the property� Mrs. Gabel wanted to know if both the Planning Commission and tfie neigf�bors wanted R-],'s on f1eadowmoor Drive� thairwoman Schnabel indicated that there had been mixeG feelings r�gar�di�g the lots on �leadowmoor; sorne of the neighbors war,ted the lots to remain as C-1 and others would �ather see R-1`s built� Mr• Peterson indicated tha� if the City Council denied his request for rezoning to R-2 on Osborn� Road, he would probably withGi,aw his reques� for R-1 rezoning on f1eadowmoor Drive• ' I� ' � , � Af�PEl1LS C.OMMISSION MF:E=TING — MAY 1,0, 1977 p�c� y� Ch�-�irwom�n Schn��bel verifiecl th�t �1r• Peterson would have the option to withdraw his request�• fir. Holden, Mr� Pete'rson, and the Appeals Commissian discus�ed t•he p�.�ns that t?r. Peterson had for th� R-2 dwellings to be built.on Osborne Road. Mrs• Gabel wanted to know exactly what f1r• Peter�on would be request�ng at the City Council meeting. Chairwoman Schnabel indic�ted that �1r• Pe�erson would be requesting ta ma�:e the �wo lots on Osborne Road as R-2 and the two lots on f1eadowmoor as R-1,. f1r. Peterson indicated that the homes would be built for resale �urposes- �� V Mr. fiaxey of 14],3 P7eadowmoor Drive wanted to know what ' would happen to the lo�;s if City Counci]. denied f1r. Peterson's a requesi;s to . rezone to R-2 on Osborne ftoad and f'1r • Peterson withdrew his requests to rezone �o R-], on f1eadowmoor Drive• Chairwoman Schnabel told him that the lots would then remain as C-1 lots- fir. f1axey wani;ed to know if the people on Osborr.e Road would be notifiecS of thai: meeting. N� indicate� that many of the people on Osborne Road assumed the Iots were to E�e kept as C-1, • Chairwoman S�hnabe� said that f1r. Boardman, t1�e City Planner, had indicated at the Planning Commission meet�ng that� in this particular cas�, the people within 2DD feet of the lots in question woulci be sent notices of the City 'Council meeting• Chairwoman Schnabel also indicated �hat the people on Osborne Road had no right �o assume anyt��ing until a fir,al decision had been r�ached by the City Co�:r,cil or if Mr� Peterson would withdraw his entire request• She said that if the people on Osborne Road were opposed to the building of R-2's on those lots, tF►ey should be at the City �ouncii meeting• Chairwoman Schnabel told the audience that if they did not receive a notice of the May 16, 1y?7, City Council meeting, that they should call City Hall to confirm tha� the items would be appeariny before �he City Council on that date- Mr• Heille of 1,418 Meadowmoor Drive wanted to know if flr. Peterson owned the J.ot located b�tween the Beauty Shop and the hous� on Central Avenue {Lot 2?}• " Pir. Peterson indicated that Mr.Chies owned that particular lot. � � 'i . , � � ' APf'CALS COf1f1ICSI0N MF�TTNG — MAY 1D, I,`�77 P�c�e 5 Mr• f�eille want to know what Lot 27 was-zoned as� 10 W. Mr.�Holden indicated that it was zoned as R-Z� Mr- Heille sugyest�ci.that a11 the remaining lots in th� area should be zoned R-1• Cliairwoman Schnabel indicated to t1r• Heille that he should consult the Zoning f1ap located �t City Ha11 whenever he had a question reyarding the zoning on any lot- Mr � f-lo�.den asked Mrs • Peterson that if he got approval for th� rezoning and the variances, would he be building the hous�s a� the same �ime- f1r. Peterson indicated th�t he would build on all four lots at the same time- f10TI0td by f1r � Plemel, seconded by f1r • Barna, to close � the Public Hearing� Upon a voice vote, a1J. voting aye, the motion carried unanimously• The Public F(earing was closed at $:1,� P•M. �J ' Mr• Holden indicated that there were at least four structu��es ].i!« the ones f1r. Pe'terso� pi-�o�osed to buiZd located � n i;he City• He said that all were workinc� out fin� bath str�!cturally and aestheta.cally� � The_ A;�E:eals Commiss� on discussed furtlier the d��s�n pl.ans of th�� double bungalows thai: i'ir. Pe-�erson was - praposi.i�g to build on the two lots on Osborne,Road- � � r � � MOTIO�J by fir. Barna, seconc�ed by Mr• Plerr�el, that the Appeals Commission recommend for �p�rova� the request �or variances of the Fridley City C�de as follow;;: Sectior, 205�06�{, 1„ to reduce ti�e lot area from 1,Q,DGCI s�uare feet �0 9;�DQ sguare feet, the same bei.ng 1,326-7,�2� Osborne F;oad N• E�, Fridley, Plinnesota Af�1D Sectzon 205 � 06�, 1, �o reduc� the lat area from J,0,000 square feet to 9,��D square feet the same being 1,�44-1346 Osoorne Roa� N.E•: Fridley, f7innesota� AND sectio� 2CJ5-063, 4, C� to reuuce the rcar yard setback from 30 fee� to 29 feet {1,/4 of lot, dept;�} to allow the construction of two family dwellings on Lot 3 and Lo� 4, Block �, Meadowmoor Terrace• UPON a voice vote, all voting aye, the mution carried unanirnously. ' Chairwoman Schnabel ihdicated that the Appeals Commission had approved the variance requests cantingent upon approvol of a rezoning request to R-2• . 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'•" '•'�..r,�, '� '•i•• , � � •..+�• ,:'' ... • . � � : .; •� �:�•' ��' . r � R. � . ,. _... !: �!, .dr . . � � � � �! � V � -,r . ` f � / �p . � .. • 11 � � r. f �,� � �1 ,� : {^ '�� ``� �• ��,. �1.1 �� j � f �.��' �' � li�'� `!�I � � �� ''�.�(�n ' 1 •l�� .1 . �I . ��•�1 � � ` . � �� 11 CI�'Y OI' FRIULLY� I, C7�'.i'V COli�4T.SS70N I�;'�TIP1G _ hj�Xll 27, 1977 7:00 p.m. GALT� iU ORDER: Chairperso�� Scott called the meeting to order at 7:0� p.m. RnLI� C�LL : Meznbers present: Scott, Brennan, Kaspszak, bunn, Blanding Mer,�er.s a.bseri�: P�one Other.s present: Wi'!Ziam J, tdee, Mayor Nasim y �ar�sh5_, City P�1a�ager Denr�is Schneider, City Council Ed Ham�rniic, City Council Dauglas Hedin, A�torn�y Clyde rdoravetz, Staff Represen; ative Anne Davis, State Cuble Com�nizssion Chuck I3ungerford, Manager, General Television IN7'R�BUC`1'ION OF NFtn' CONL'�IISSION M�T�'BER: Cha:i�persoi� Seo4L- intr_�c:�uced Carol�Ynli Blanciing, new Commission nrember, vrha tOOY. oifice I�y�il l, �977. A�PR.O�'A.L OF CATV MITvtJT�S dF FFBRrJARY ?_n, 1977: hiOTiON by Bre»;�an, secor_ded by Dunn, to approve i::ie February 24, 1977 CATV Commission min,.2tes as k�zitten. Unan a voice vate, all voting aye, the motiori carried unanimously. �1PPRGVAI, OF CA'i'V niTI�iC1TES OF AARCH 30, 1977: N,O��IUN by Dun��, seconG.ed by Blandincr, to approve the ria�-ch 30, 1977 CAZ'�� Co:n:�nission minu�es as �ritten. Upon a voice vote, all voting aye, the mot�ion carried unanimousiy. I, PR�'SEN'�A`i'I.ON SI �fR. LEF' %?EYER OF T•;AHL & h'AHL VIDEO COMPANi' Dir. Hur.gerf:vrd int.roduced rSr. bieyer of Wahl & ti�Tahl Video Company, whom he said would ex_plain t�ie opti.or_s and altexnatives of a charact:er geileraior. . Mr. ASeyer e�.plained tha�� mei.hod t:sed to return signals �aould be through a moc.ulator ar�d cable system, ��ith � sl,�itch�;�,,hich F�ould return the signal back fron� eacii o� tl�e tlirea Iocations (scliool, librazy and City FIall) and then be redistributed fr.oni i�Iicr�. Each of these three points requires a modulator�, which then sim}�ly exchanqes ��ideo and audio signals, �vith input through a simx�le .s��itcher n�hich �ti�ili t:i: c any nun�l�er of inpurs ��ou ��ish to feed into it. Int.o this switcher yoa c;u� I,ro�r:i�n znythi.nti you want to-- such as viileo tape recorcicr., live crunera, character �e�ierator, etc.--all you clo is pusli thr. }�roper switch. � 11 A CATV Cot�mis �ion ldeeting - 11pri1 ?.7, 1977 Pa e 2. Mr,. Meyer stated that tonight he would talk about Lhe character generator, ask� ing that iL- bc ke�t in mind that in or.�l�r to get Uignal back you still need a modulator and swztche:r. He described the character g�nerator that they repre- sent as a unit cornpzised of keyboard similar to a. tyPewriter and an electronic Packagc. �'he keyboard is u�ed by an operator ta nrouram information and also to selectively put on cable or �o preview . The basic unit does not have capability of saving information; it is lost when it is shut off; the second i:ype has a cassette '_ . and infonnation can be placed on this audio tape and saved indefinitely. If inforrnation might be necded again, you plug cassette in and trans£er �•rhat is in tape into memory bank and ther. program it any tirne you wish. Basic un�t has four pages, with ten lines to each page, each I.ine cor.si�ting of up to 25 characters. Mr. J�ieyer said the unit is built in building b].ocY. approach -- you can starL- with basic unit a��d add capabilities somewhere down the road. Full capability of each unit is six memories of fouz pages each. If you feel you need toro memories they can wire far two and extra unit can be added at a later date, with no extra charge to wire for two. N'.r. Meyer aescribed some of the many features of the unit, i.e.: format wzndow position (blank-out capability, leaving only lines you wish to show); roll and crawl; ability to ma}:e characters different siz�s, ��:ith aii characters adjUst- able equally (internal adjustment - not adjustablc from keyboard); adjustment vertically to two different heights, one wh�ch �aill t�,ke 28 lines, or smal]_er Zetter that will take fourteen lines; harzzonta� a�so is a variab:te increm�rit. Another option is mu3.tiple outpu� -- you can co�:pose inforr�ation on t:�e pre- viev� output and at the same time be prograru*:ing somethi.ng out on �dditianal output, and he recommended at least one additional ot��put. Also has fixed title capability, edging g�nerator (gives 3-dimensiona]_ effect); reversing black to white, �ahite to black; pop-up messages; vertical inter�*al svaitching. Comes eguipped �vith own cclor zinc generator which gives capability of background colors in red, green or blue and unit does have capability oi adding tempera- ture, time displays, date information, etc. Price of basic unit with one memory: $2?.95; Keyboarc? with aUdio deck: $Z495; ' basic keyboard: $595; additional. output chanr.eZ: $750; each additional 4 pages taould be $550; cassette tapes are $24.00 per set of 6; unit would require eolor zinc g�nerator$595; color billboard generator $500 for first output ' and $100 additiona� fer second output. T11e basic unit (ke}�baard and electronic package)must be fairly closely coupled (within 25 feet). Mayor Nee asked DIr. Hungerford how long city could Ue allowed to use GTV ' equipment and Mr. Hungerford replied that zt caould be "until GTV needs channel." � Discussion ensued re total costs that could be expected with extra wiring, cabl�, switcher, madulator and_cost of installing modulator in one area with unit in anotlier, at whicIi cost of wiring increases. Roughly estimated, total costs would run close to $12,000, incl.uding 2 modulators at $2900, processors ' at $1200, plus filters etc. ' r9ayor Nee asked Mr. Meyer to summarize information.on costs and the various options available and forward thi� information to Mr. �ureshi, City Manager. �, L�' t ' . ' � 11 B • CATV COI^.MISS70N t�iF•,T,TItdG - APRII, 27 , 1977 Page 3. ' ' � � � ' , � {-1 IJ Mr. Hungerford asked Mayor Nee, if hc wot�ld be wil li�tf; to gi.vc Council. " endorsement to a program GTV has planned for summer wherein thc:y will be exposing peanle to what is now going on; what could k�e done with more suppor.t of peoPle; anc3 plans tor bringing in maybe five families at a L-ime to visit fac�_lity. Mr. i3ungerford ex- pressed the view that this type of program of informir�q the people coul.d be advantugeous to both GTV and thc City of Fridley._ t�tayor Nce askecl Mr. Hungerford i:o present this in writing to City Council and they wau]d decide Whether to endorce. II, OLD I3USIt7ESS A. Public Hearing on Propos�d Chanaes in Ordinance Mr. Scott stated thatr�rQ Moravetz had informed him that pztblic hearing on proposed liousekeeping changes tliat had been agreed upon ha.d already gone to first reading and the second reading tiaill be soon. B. Additional Changes: 1, Interest expressed in coming up with some kind of damages, short of revoking franchise. 2. Protection of Indivi.dual (405.254 - Hedin's new memo). Sco�t stated that in talking to ASayor he ��ad �no probler�s with addinq this to tne Ordinance, as long as ihere is nr� change on the pai`t concerning twenty (20) percent o� the total c}iannels sl��ll be access channels, and are talking only about prote�tion of t}�e individual. � M�r. Hedin asked if the Company had ever adopted access rules, to �tihich Mr. Hungerford r_eplied that they had. rir. Hedin then suggested that rather than aciopting this as a first rule, City might want to adopt this ' together :�ith a whole host of other rules, i.e. if you :cant to have � compZaint bureau, you have that authority under the Ordinance. Ti1en what you hat�e t;o c�o is su}�mit Conr:lission's rules and regulations to the City Council, so in that ��:ay it may have more ��°eight, rir. Hedin statad ' that it is very difficult for City to adopt anything coherent ��ithout a reference to FCC rules. �I , r ' n U Mr. Scott asked l�ow effective rules and rec�ulations are unless adopted by Council as official Ordz.nance, and did the Commission feel it worth��:hile pursuing this matter, r�al.izing that Council may not adopt access channel changes. Dir. Brennan suggested they could still serve as guidelines for the Commission in their aperating procedure. Mr. Hedin felt that whether or not Council adopts all the rules sub- mitted to tiiem, that Commission shoiild sti.11 adopt rules discussed and others, such as: who can attend meetings; the fact that thcy are open; where budget <<ill be ready; access sttidy; complaint revie�a board, et�. ' �� I � II ' cr.�v car.r�TSSZOCr r�:rrTITdG - APRIL 27 ,�.�77 �'aq� �. � Mr. Kaspszak stated he fe].t it important for Commission to act independ- ently of Council and put on xecor.�! that they did draft l.aws and Firesent � roval to Cit Council. � them for a I ' PP Y � Mr. Sco�t asked members zf they thought they should write up new access rules. t�r. Brennan suggested tY,at Commissian be polled as to where they stand on t.iis. Mr. Hedin stated that under Ordinance COP'Stll�'a1017 is supr�osed to give repori:s to Council and he suggested that Counc:�l could be given a des- criptive report on status af access -- that is, written backgraund given in an informational way. Mr. Dunn felt that i:r. Hedin had made recomr:�endations and that these should be supported and passed on to Council. Mr. Brennan felt that although FCC had preempted too much but at this point he felt it would be convenient to use FCC wording, and Ms. Blanding stated she feZt Commission was fozrned to do soMething and she was in favor of adopti:�g some rules �r.d regula�-ions to pass on to Council for apProval. I1 C . i NIr. Scott stated tr.at Cor,unission by-].aws can be expandect to make them rnore inclusive and sugc�ested that 4-05.253, number 1, above, oi adciitional changes be con- sidered as possi�te inclusion to Ordinarce; No. 2� is part cf ��rciinance; ar.d �vo. 3 is somethirg already written up. Mr. Hedin felt No. 1(d�r.iages) zs a little coniplicated and i,�ould be difficult under Ordinance. Basically, he suggesteci that right noca any complaints be to an arbitration board and he suggested an amendment that arbitration board can suggest damactes up to a certain amount per day. r1r. Hedin said that after the last rneei.ing he �.�as asked by Mayor to draw up three items: 1) ear- mark funds; 2} try to devise some method by which damages could be mad.e against the company by City for violations of Ordinance; 3) P�?a��or tal}..ed to Nark after last meeting and stated he felt one of the sectior.s at the end of Ordinance should 'nave a statement that t��ey do not comply to tl�e "pay only" portion of sustem. Cinema TII was only section getting so�e benefits from City Ordinance but the company was not extending the access, and City was not getting revenues for tearing up of streets, etc. -- theory being that "campany is getting the benefits of the Ordinance, but the City is not." � D1r. Brennan asked if that meant they wovld have to negotiate a new "right of way" for Cinema III. Dir. Hedin stated he drafted up something like that but is not happy with it and does not think it is a good idea to adopt it. � � , � Sect. 405.051 - Pa}*mc�:t to Commission: �hi� is pretty self-eaplanatory with only problem bcing that th� more yaur budget incre�sed anrl the mare the numl-er of subscribers -- you lose your distance £rom compati}�. Air. }Iediil said he tried to define ttie Citzema III porti.on and then state that certain oL-her portioi�s do not apply. F.:�I CA'I'V CO14T9I ;SI01] 1-,F•:1;TITlG - RT'RIL 27, 1977 Pa�e 5. Mr. Hcdin t�ad a lot of problems with �05.311 -- �05.315, but they were done at requcst of i4ayor t7ee and it is a first ,ai.L-emPt. He ir,dicated he felt this to be a negativc: anproach to F�uy cable anc� said: "I thin}: rather. than trying to eliminate and make second-cla�s citizens of pay-only sub- scribers that City should try �.o take five (5)'percent of pay cable revcnues. Commissi.on could take a st.ance on that and try to have City do somethina about it." Essential]_y, r_ather than �ay "hands off" pay only section, perhaps Co:nmission should "put strongest foot foL��ard to FCC and say that there are some very strong reasons why Commission (City) should be able to take fi.ve (5) pexcent of 'pay only' subscriber fees -- file special peti- tion with FCC and �ry to get this. He stated argum°nt that Company is tearing up streets and City is administering regulating fees and incurring administrative er.penses but are not getti.ng any money for tiiis_" 11 D This Mr. Scott stated he agreed �vith this, and if evexyone else felt the same, he suggested the hlayor's approach Ue dropped because ]ie preferred P1r. Hedin's approach 0 concerning the five percent f.xam pay subscribers l�ecause he felt there was sound reasoning there, MOTIOPd by Mr. Kaspszalc, seconded b�� Br.ennan, that Commission go ori±r Mr. Hedin's proposal of pursuing five (5) percent from pay cable subscribers for reasons outlined rather than stri.�?ping protectior.s that are �rovided to pay cable. On a voice vate, all voting aye, the motion passed unar.i�:ousl�•. Mr. Scott stated that this motion was not intended for passing on to Council, at this time. C. Commission adoption of Access Rules Mr. Brennai; suggested to D'!r. Hedin that unc�er 405.OS1 "Payment t.o CabZe Television Co:nmission" that he does not feel they are "paying" this, and that someho�•� implies funds are being restricted in use. His feeling is that Commission could be in a position tohere th�re are r.o expenses, but fund could stiZl be reservec3 for Com�nission use. DIOTION by Dunn, seconded by Brennan, that �oe accept Douglas Hedin's reccr:unenc�- ations of July 15, 1976 to the Ordinance dealing �ti�ith access (405.225, 405.2'�6, 405.253 (1), (2) and (3)) adciing to thaL- the all new section 405.05I, �o read.as follows: "405.051. Upon a voice vote, Funds Reserved for Cable Televisi.ari Con,mission: All money xeceived by the City from the Company, pursuant to Section 405.05 of this Ordinance shall be appropri- ated and used by the City to fund the Cable Television Commission, established by Section 405,28 of this Qrdinance." all voting aye, motion passed unanimously. rir. Scott asked if inen�ers �aish to send this to Council for public hearing? MOTION by Brennan, seconded by i:aspszak, that an adclition be made to Dunn's original motion as follocvs: Commission accepts tlie recommen�ations and pas�es them an to Cowicil to incor�orate them into Ordinance. Upon a voice vote, all voting aye, motion passed unaiiimously. ' ' r ' � 11 E CATV COtMIISSIOtd Mi:i.TIWG - APRIL 7_7, 1977 Page 6 MOTIpr] by Brennan and seconded by KasPszaY, that the Commi�sion also send a cover letter explaining succinctly t}ie background of Commission recommenda- tions and rea;ons for recornmending that the Or&inance changes be adopted. Upon a voice vote, al]. voting aye, motion passed. Mr. Scott thanked Mr.. Hedin for his patience and guidance. D. UPDATE OTS T�CCESS STUUY Mr. Scott stated that we have received al.l we are going to from other workshops. NeYt major item Commission should pursue is setting up dialogue i��ith company on 4;hat kind of support ttiey are going to give to access that is outlined ir. access study and stated ner.t meeting would be a good time for that, if it is ol:ay with Mr. Hungerford. He stated he would be happ�� to provide him with a copy af the access study if he did not al- ready have one. IIT. P1EW BUSINESS A. Report from Clyde Moravetz on N.C.T.A. Convention Mr. Moravetz revieweci his impressions of conventi_on, stat- � ing �hat he thought is �ras slanted towards industry, but that he was most impressed with he;-a well it was cond�acted. There �•,rere sez�in�..rs on a.11 four days c�nducted in �ive separat4 areas simultanecusly, and breakdown on these � were technical sessions, pay cable, fi.r.ancial, o^erations and goverrsnent relatxons; more than 150 erhibits displayed evei-y day and exp�.rts fro*.n many related industries and agencies gave presenfiations. Z`s�enty-nine of the , sessions �,�ere taped and a,-e available for purchase for a period of one year; he purchased 2 tapes on sessions that conflicted �vith the ones he did attend, and he will make tnese available to members, as he thouQht they would be of interest. General concensus of individtials attending meeings ti��as feeling o£ � trend towards continuing d�regulation b�T Federal governm�nt. The Federal Communications Act of 1934 is being rewritten and staff report on recomrnend- ations was supposed to be out by April 22. ' ' � , ' , Mr. rZOravetz �ai11 present a �,rritt�n report on the convention a11d it t��as decided at that time members can go over it with him and ask questions. Mr. Scott thanked rir. NIoravetz for his report. IV. OTHER BUSINESS Mr. Scott stated that Mr. Moravetz would pass out by-Zaws for Bloomington access group which might bE in�eresting. � Mr. Moravetz also handed out recent correspondence from Air. Goetz and "audit" fxom Artilur Young, and he stated that th�re was a discrepancy in this report of nearly $21,000 regarding income tax revenues and reporting and rfr. Iiungerford stat.ed that comparing two re�?orts, that one could be figures and OI1E.' an estimate. Iie asked Mr, D9o.ravetz for written clarification of the discrepancy �znd �ie would try i:o find out about it. This itcm will bc i�1 a P.l�.k.igc passcd onto thc Council at a latcr datc. � - ' , ' � CATV CO2dt�lI»ION MFETItIG - Ar�r.il ?.7, 1977 � Page 7. Mr. KaspszaY. suggested that a letter be sent to City Pdanagcr with carbon to Cable 7'V �tating that Commission is,not satisfied with financial rePort and wish a breakclo�m similar to that received ].ast year, stating cut-off date; Also, wish him to check on discrepancy outlinecl by Mr. tdoravetz in most recenL- financiaJ. report and reply on all these items to Commission, in- dicatiny at tiiat time if he is satisfied with 1lrthur Young report. Mr. Kaspszak asked about procedure for nitifpi_ng public of this Commission`s meetings ar3d was assured that all requirements of open meeting 1a�•r are met. 11 F Mr. Hungerford put to the Commission the same question as to the Council -- � that is, wauld they be willing to endorse p-rogram for letting peopJ_e know what they are doinq, and asking for their support and interest, etc. Mr. Scott replied that he felt same as Mayor Nee about this, and �vould li}:e to see it '� on paper beiore a decision is made to endorse it. P�Ir. Hungerford stated he would write it up and present it to them. NEXT MEETING OF CATV CO��.MISSION: I�1ay 26, 7:30 p.m. , City Iiall. MOTIOiv TO A7JGURN: MOT1�\ by Mse Bland?ng, seconded by Brennan, te adjourn the m�e±i.r.g at 10:30 p.rn. Upon a voice vote, u.11 voting aye, the raotion carried unanimcusly. Respecifully submitted, � � � ►� �� - Verna Gore Recording Secretar.y .�� MEMBERS PRESENT: MENIDERS ABSENT: � CHARTER COMMISSION MEETING FEBRUARY 1S, Z377 Ray Shexidan, Clifford Ash, Peg McChesney, Jackie Johnson, EZaine Knoff, Ole Bjerkesett, Robert O'Neill, Kenneth Brennan Charles Langer, Herbert Bacon, John Swanson, Harry Crowder, Roy McPherson, Jerry Ratcliff OTHERS PRESENT: None • CALL TO ORDER: Chairperson Sheridan called the meeting to order at 7:40 p.m. APPROVAL OF JANUARY 1$. 1977 CHARTER COMMISSION MINUTES: Mr. Bjerkesett stated that the last paragraph, page 4 of the January 18, 1977 minutes of the Charter Commission meeting did not accurately reflect his statement at that meeting. He asked that the last paragraph be deleted and the iollowing statement be included in lieu thereof, and review made by the secretary of the tapes of that meeting: "Mr. Bjerkesett stated that while he felt that a council-manager form of government was more efficient, that this would be the case only if the City Council did a good job of policing the City Administration. He stated that the financial statements of the City would show that since 1973 the annual salaries of the three top administrative positions have been increased be- tween five and eight thousand dollars. He stated that he did not know if this was high or low, but he did feel that 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 thought this was a'buck passing gimic' as were some of the 'studies' and'surveys' that thousands of dollars have been spent on in the past. "He requested that Mr. Terpstra advise the Charter Commi.ssion as to how far the Commission can legally require Council action, possibiy by budget limitation, or by job description for admin- istration personnel. He said that going into this wouZd take a lot of time and work for the Charter Commission." 1 � ' 12A � CHARTER COMMISSION MEETING, FEBRUARY 15, 1977 Page 2• MOTION by Mr, Sheridan to accept corrected portion of 3anuary meeting II � minutes with review and approval of those minutes to be accomplished at next meeting. Motion seconded and carried unanimously by a voice . vote. � Mr. Sheridan reported receipt of statement for services of Commissian Attorney Terpstra to date, and asks that this statement be ratified tonight and sent on to City for payment of sum in amount of $165.00. MOTION made that the statement from Barna, Guzy. Terpstra, M2rriI1 & Giancola, Ltd. for Commission attorney Terpstra's services be approved. Motion seconded and carried unanimously by a voice vote. 1. REPORT OF OFFICER5: Mr. Ash reported on committee meeting they held on February 2: a. With all the changes recommended for the Charter, they thought it would be in ord�r to suggest to City Council that they reprint the Charter. � b. Discussed briefly pending new membars and thought it would be appropriate that when names are submitted to Judge they be accompanied by a brief resume giving information, such as taxpayer, length of resi�lence in city, etc. 2. REPORT OF REVTEWAL COMPdIT�'EE; Suggested items to think about and review: Chapter 2, Sect. 2.07: The Mayor. Question (1): When the Mayor is not around, there is a president pro tem. What happens if the Mayor moves out and Council is split 2- 2, How do you get a new Mayor? This is not clearly covered. Question (2); Nothing is said about number of terms that a person can serve on Council. Should it be limited to two or four terms? Question (3): Council size. Should tr�ere be more members? Fridley has grown, is now in 30,000 category. Question (4): Should be a list o� standing committees and it should be published, with name of chairman, plus schedule, meeting dates, etc., at least once a year. ^i . i f �� 0 12 B CHARTER COMMISSION MEETING, FE$RUARY 15, 1977 P�• Question (5). Boards. Newly�created boards should have a termina- tion date or rejustification for further existence. Question (6). Can a person hold more than one elective of£ice? Section 2.04: LisCUa�ification for appointive office. Does this passage need clarification? Section 2.08. SALARIE5 AND EXPENSES: No quarrel with this. When , they run and are 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 ' get increase within same term if one is voted in. Re expenses of Mayor and Councilmen. Should be some- thing in this section about travel, convention ex- penses, etc. No quidelines given. Chapter 5 8ection 5.02. EXPENDIT'URES BY PETITIONERS. Question (1). No mention of limiting expenditure by someone opposed to a petitian. Should there be a restriction on such activity as we11. . Question(2). Don't know where this could be included, but it is not covered in Charter. Right ncw only way anyone on Council can get information is through City Manager. Note on this: Mr. Bjerkesett stated that this was taken caxe of in Chapter 1. Any councilman can requsst information through t.he City Manager and City Manager must respond. Mr. Ash felt there should be some further alternatives that might be reviewed. Question(3). If two ordinances 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 pleasure of the Council. Suppose they are not happy with what is going on in City and want new City manager. How can they remove him. Would he have to be given 30 days notice? Get a minimum of another 30 days severance pay plus more for each 6 months served. Should this be spelled out? � � ' � CHARTER COMMISSION MEETING, FEBRUARY 15, 1977 Page 4. , � Section 6.01 (continued) Can there be some form of review of performance of City Manager? �ire there guide- lines? � � � �� 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 firing of clerk? Mr. Bjerkesett says he believes they should -- that this is a protective clause so that City employee has a right of appeal; they are not covered by Civil Service. They have union contract for some; others have no protection. Section 6.03. DEPARTMENT5 OF ADMINISTRATION Question (1): First paragraph, first sentence, "...and from time � to time alter..." etc, This is not very specific in terminology. There should be a time frame included here. � � ' , �J CHAPTER 7. TAXATION A2�TD F�NAIvCE. 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 limit written in. If inflation continues to increase, maybe there should be a percentage ex- pressed in dollar rate. Mr. Bjerkesett said thet there is a Statute of Limit- ation on how far they can go with this. When Charter was changed, there was a limitation in mill rate put in. � C Mr. Ash indicated there had been a fifty percent increase in expenses in past three years in City government. Question (1).A. What are special taxes? , �uestion (2). Limiting of length of City Council meetings. Determine � order of priorities of agenda. Consider possibly putting in•Charter that any prospective ordinance, �� petition, etc. that deals with City Charter would defer to this Charter Commission. I .' , � � � � � ' � 12 D i . � � �� , CHARTER COMMISSION MEETING, FEBRIIARY 25, Z977 Page 5. 2. REPORT OF i2EVIEWAL COMMITTEE (cont'd) CHAPTER 9. EMINENT DOMAIN. Question (Z). Discnssed power of eminent domain as set forth by statutes of State of Minnesota. What is this -- could it be more explicit? Mr. Sheridan stated that this is a State law and does not change much. Mr. Bjerkesett said he would like to add something about referring certain thzngs to Charter Commission. This is very important if it can be done legally. He cited example of Maplewood wherein a petition for Council-like government is now being circulated. Some signatures are now being checked for authenticity or duplica- tion, but petition was circulated because of dissatisfaction with Council and City Manager. This action and similar actions elsewhere could lead to compZete rewriting of City Charter. The report of Committee to Review CiL-y Charter for Possible Conflic�t ended with above discussian. Chairman Sheridan complimented N�. Ash and his committee for this fine report. 3. DRAFT OF LETTER TO JUDGE OF DISTRICT COURT Mr. Sheridan stated �hat the draft of letter to Judge of District Court has purpasely been delayed because more names are being added to the list. Peg McChesney stated that the letter was fzrst to have been sent January 15, but to persons ti�ho have inquired she has responded that it has been deZayed so that they may include some new names and also names of some young people. McCh�sney stated that they need three new people. Names will be given to Judge just as sugges- tions, with resumes included. Discussion ensued re material to be included in resume, with a list being suggested for incZusion in resume, but at sugqestion oi McChesney, decision was made to send names without resume. MOTION was made that a list of names be submitted to the Judge which would include just ac�dresses. Motion seconded and passed by unanimous voice vote. Chairman questioned when the Ietter shauld be dated, and McChesney suggested as soon as possible. Chairman stated he hoped it could be sent the first part of next week. ' > CHARTER COMMISSION MEETING, FEBRUARY 15,'1977 Page 6. 4. DISCUSSION OF MEETING DATE Decision made to leave dates as they�are, as this seems to be best for all concerned. Chairman suggested that they may cansider not meeting in summer as in the past. 5. OTHER BUSINESS MOTION by Mr. Ash that City Administr�tion reprint Charter incorporating a1Z amendments as expeditzously as possible, and that they submit draft to Charter Commission prior to meeting of March 15. Motion seconded and carried. Chairman asked if there was any other business. None to report. 6. MOTION was made for adjournment at 9:00 p.m. Motion seconded and passed unanimously by voice vote. Respectfully submitted, , �- ��i,�% :/, ' / �%C' � Verna Gore Recording Secretary I 12 E J ■ . i1 ' � � ' ' � � � J r ' �� 13 CHARTER COMMISSION MEETING March 15, 1977 MEMSERS PRESENT: Ole Bjerkesett, Clifford Ash, Charles Langer, Peg McChesney, Roy McPherson, Jackie Johnson MEMBERS ABSENT: Herbert Bacon, John Swanson, Harry Crowder, Jerry Ratcliff, Robert O'NeiZl., Kenneth Brennan, Ray Sheridan, Elaine Knoff OTHERS PRESENT: John W. Terpstra, Charter Commission Attorney CALL TO ORDER: Mr. Ash called the meeting to order at 7:45 p.m. APPROVAL OF FEBRUARY I5, 1977 MINUTES: A quorum is needed for approval of minutes and lacking that, minutes wexe not approved. REVIEW OF APPROVED CHARTER CHAI3GES: ' Not accomplished because a quorum is needed for approval of charter changes. REPORT BY ATTORNEY TERPSTRA Mr. Terpstra was called upon to g3ve a report to members present, followed by questions which members might wish to pose. Attorney Terpstra stated that one question posed at the January meeting was whether the Charter Commission can act as a watchdog over the Council, and one of the concerns was whether they could sue on behalf of citizens of the community to enforce Charter provisions. Terpstra's answer to this was simpZy "No." Mr. Terpstra asked the League of Minnesota Cities to research the question and they came up with the same answer, i.e. really no basis . or authority for Charter Commission to act in such a capacity. He stated that the League suggested it might be possible to recommend a Charter provi- sion which would permit Commission to do something along this line -- a qutestionable recommendation but something you might consic2er. League of Cities stated that they were not aware of any city charter that has such a provision. Mr. Ash asked if such a provision were drafted and submitted to the Council and they passed it and it became part of the Charter, would that become legal? Mr. Terpstra stated that then would put the Commission in a position to act in accordance with the Charter and if somebody raised the question of whether you had authority it could end up in Court on the constitutionality of it. t � � ' CHARTER COMMISSION MEETING, MARCH 15, 1977 Page 2. Mr. Bjerkesett then asked if it were tested and were to go to Court, would we then be in a position of contention with the City Attorney, who would be defending the Council? � Mr. Terpstra repli�d that it would be simiZar to an ombudsrnan, wha is out there representing complaints of the citizenry on actions against govern- mental bodies. He stated that League of Minnesota Cities could provide help in the area of research on this subject. Mr. Bjerkesett stated that he could foresee problems in funding -- would have to have agreement on part of City administration to fund legal actions. Would they be willing to provide unlimited funds to provide legal action against themselves? � Mr. Ash posed hypothetical question -- suppose such a provision were � passed and City gave us a budget of $5,000 - are we not then looking at $10,000 -- in that their defense would cost at least as much as that funded for Charter Commission budget. � ' , If _ J Mr. Bjerkesett cited past examples of issues that have come up and various actions taken and stated there would be no way the Charter provisions could be specific enough to cover any and all issues that might come up. Ms. McChesney questioned whether there might be some other alternatives -- such as when Charter Commission feels action by Council hasn`t been taken within a certain time frame to make a recommendation to the Council. Question was asked of Mr. Terpstra if when an official takes an oath of office, does he take an oath to uphold the Charter? Mr. Terpstra stated that he believed that would be a safe assumption. ' Question was raised as to whether Charter Commission has authority to call a special eiection and Mr. Terpstra stated that would be only on a cnartex change, not to pass an ordinance. He stated that as he sees the Charter � it is to give governmental structure and guidance -- when you start propos- ing specific legislative items as Charter changes you are then assuming the duties of the Council. � , ' � ' Mr. Bjerkesett stated if a special election were called it would have to have limitation of being dons only after legal sufficiency of the petition had been determined, and this is administrative. Ms. McChesney wondered if we have some of these other legal facilities and arm wrestling ability, would then there not be people wanting to save their private money and seek Commission support because they feel their petition is valid. Also c1uestioned whether our Council is so in need of this kind o£ policing, and this led to the thought also if we need more Council members; wou2d there be less likelihood of problems that have been discussed? 13 A ' i� . S 13 � CHARTER COMMISSION MEETING, MAi�CH 15, 1977 page 3. Mr. Bjerkesett stated he thought �rhe� the Cha��er �ommissio� is canvineed Council is not performing duties as spelled out by Charter ihen it would be duty of Conunission to see to it that the public has an opportunity to make a decision, either �hrough eleeted representatives or through referendum, and if elected representatives do not act, then the o�ly logical step is to provide the au�hority �.o call a specia]. election, and in that way force the Council to act. � Question was raised whether or not i� �aould be possible to incorporate anything - any provision _- in the eharter �ha� eould legally �equire a Councilman to act or ta �ate .--- yes, no o� abstain, and a further gues- tion was asked if an-abstention is considered a vote. � Mr. Terpstra stated he belieyed this really goes �o the fundamentals of taking away the freedom o� an eleeted o�fieial ta act in aceordance with his conscience, and that is what he is being elected for, so I suppose the ultimate remedy is at the po11s. "I seriously doubt that you can put t a valid provision in the Eha_r-ter �ha� �,rould foree them �o do something at a specified time." � � Question was raised as to whether e�iminal eha�ges can be brouaht agains� a Councilman or any public official for voting on an issue when he knows there are illegalities inualved - if by his vo�E he sanc�i.ons illegal��y or improper conduct of a pe�son (take a petition �or example). Mr. Terpstra stated he thought charges couid be brought, �.he problem then ' is a matter of proof. If an eleeted o€�ieial violated the law it would be a felony and then become County Attorney's jur-isdiction. � � �� I � Question was raised in the authority we have to employ Mr. Terpstra, what can we use him for? Mr. Terpsira repZied ihat the sLatutory authority for an attorney as far as this Comm��sion is concerned is simply tor Zegal assistance in drafting Charter .-- right now there is no authority �or legal advice beyond the stated purpose of the Charter itself. Re questions posed last time by Ole, A�,.Terpstra said that in conneetion with limitations on the Charter as far as debt�s concerned and also question of forcing the City r�anager to 3ea1 direetly with his employees as opposed to hiring a negotiator to do this -- he did not beiieve there would be a prohlem in proposing Char�er amendmen�s that would aceomplish either of those matters, Particularly the latter -- cou�.d propose an amendment that would pose that duty direetiy on the City Manager with whatever flexibility you want to•put into it, On the question ot debt limitation, you hav� to keep in mind that the Statutes of Chapter 475 of Minnesota Statutes and considerations on debt limitations, particularly 475.53 and 475.753, and you shoul.d review those Statutes at any time that you consider that parti�ular issue, �- I � • � �� J � � � � � � � � L_l � � �� 13 C C�iARTER COMMISSION NIEETING, MARCH 15, 1977 Page 4. The question was raised if a dollar limit as well as a mill levy Zimit could be set. Mr. Terpstra responded that there is something in Commission charter now, but the Statute does speak in terms of debt limitation and it does qive some guidelines that should be reviewed when setting debt limitations -- debt limitation is talking about bonded indebtedness. Mr. McPherson stated that the Council did not speak on taxes when they appeared and gave opinions on the Charter -- when questioned about this they said that about half of their operating budget are Federal and State funds anyway, so it is difficult to control when.fifty percent is not coming out of local taxes. Ms. McChesny stated at this point she would like to go over a letter for submittal to judge on Charter recommendations for filling vacancies -- she wrote to the judge and asked him if he would like to have resumes on people being recommended, and he responded that he would like name, age, address and any pertinent facts which pertain to his or her qualifications as a Charter Commission member. bis. McChesny summarized the status of Commission makeup and term �xpiration which would be included in letter to juc�ge; also suggested names to fill vacancies: Memb�rs whose terms expire in 1979 and will stay on Commission are Clifford Ash; Elaine Knoff; Jerry Ratcliff; Fcobert O'Neill; Jackie Johnson; Roy McPherson; Term expires after serving one four-year texm and thus would like to be reappointed: Raymond Sheridan; Have served 20 months after bezng appointed to replace F. Casey and J. Kirkham, whose terms wouZd have been up this year. Would like the fallowing reappointed for the above reason: Kenneth Brennan; John Swanson. Has served 15 months after replacing E. Collins and we would like him reappointed: Charles Langer. Need five new appointments to the Cornmission for the following reasons: Karen Johnson decZined apgointment in November 1975; Peg McChesney is resigning after 4 year appointment; Harry Crowder, Herbert Bacon and 01e Bje.rkesett's terms are ended and they prefer not to be reappointed. Eight names suggested ta replace people Ieaving: Beverly Kinsman; Arne W. Takkunen; Francis A. VanDan; Jean Schell; Tim Breider; Myrle E. Rice;•Walt Starwalt; Peter Brooke, Jr. CHARTER COMMISSION MEETING, MARCH 15, i,977 page 5. Ms. McChesney sai8 she would call Mr. Sheridan and ask him to get in touch with John Swanson to see what his desires are about remaining as a member. Mr. Bjerkesett asked if she had mentioned the,name of Barnett for recommend- ation to the Co�nission and she replied that she had waited for two months now and would appreciate receiving information on him soon - Mr. O'Neill was to have contacted him. Ms. McChesney announced that she is resigning from Commission because of increased commitments of work and school, plus teaching in fall, and expressed appreciation for having had opportunity serve on this Commission. to� Mr. Ash asked if there was any other business, and there being none, the meeting adjourned at 9:30 p.m. Respectfully submitted, v -f�'`r,�� L-� ..� �`r�� Verna Gore Recording ecretary 13 D i 1 , � , . 14 CIiARTFiR COMMISSTON Ni�;LTING April 19, 1977 MEMBERS PTt�SFNT: Ray Shexi.dan, Clifford Ash,. Roy McPherson, Kenneth Brennan MEN.B�IZS ABS:'NT: Elaine Y.noff, Jerry Ratclif£, Robert O'Neill, Jackie Johnson, Charles Langer, John Swanson OTH�RS PRESEPIT: None R4LL CALL: Mr. Sheridan ca2led the m�eting to order at 7:40 p.m. APPRC)VI�L OF MINUTES : Minutes for March 15, February 15 and January 18 were not approved lacking necessary members presenz for a quorum. Mr. Sheridan stated that he would call Ms. NicChesney and ask her to call Judge to see if new Charter Commission members can be appointed by P1ay 17, so that they can be present at next meeting. A discussion follo�ved on prioriti.es for ba�ance of 1977, DTSCUSSION OF AiEETING DATES � Mr. Sheridan stated that the Committee would adjourn for the months of June, July and August, and if something urgent should arise, a special meeting could be called. � The next mzeting date was set for May 17, 1977 at 7:30 p.m., with the following agenda suggested: ' 1. Approve minutes for meetings of January 13, February 15 and March 15, 1977. � 2. S�vear in new appointees. 3. Distribute reprinte.d Charter, if available. The first meeting in the fall caas set for September 20, 1977 with the fol�ow- ing agenda suggested: • ].. Set up Committee for Review (refer to I'ebruary minutes) , 2. Set hearing on an}� possible changes or additions to Charter. I'i , 3. Review and discuss any requests from the Council a�nd D9a or of passible recommendations, y I � i ; �� µ �� , . � � � 14 A I��1 . �� CHARTER COMMISSION MEF•.TZT?G, APUZI, 19, 1977 . Page 2. � ADJOURldr•lFTJT : Meeting adjourned at 8:15 p.m. 1 Respectfully submitted: �,��f y,�.� 1 �� :��___,...� Verna � �re Recor '�Secretary ' � � ' � � , , ' r � � : ; r � � . . 15 THE MINUTES OF THE FRIDLEY POLICE CIVIL �ERVICE COMMISSION MEETING OF P�IAY 17, 1977 � Present: Commissioners Helen Treueniels, Tim Breider, and Jean Schell, and also present was Pat 1��.�strom, Police Secretary. The meeting was called to order at 7:09 P.M, by Presi.dent Treuenfels. A motion was made by Commissioner Schell. and seeonded by Commissioner Treuenfels to amend the minutes of the April 19, 1977 meeting of the commission wiih by adding the following language to the first sentence of the third paragraph which will then read, "The first item of business involved a lengthy discussion of tk�� current Eligibility Roster and its status at that time tne Civil Service Commission ruled the physical agility test given by the police department was not official because the civil service commission had not approved the _ _ _ _ grading system priorto the test." The motion carriec� unanimously. A motion was made by Commissioner Schell a��d seeonded by Commissioner Treuenfels to adopt the minutes as amended. The motion carried unanimously. OLD BUSINESS There was no Old Business. NEW BUSINESS A motion was made by Cornmissioner Breider �.�� eeonded by Commissioner SheII that the doctors, both medical and p�ye�alogical, should be advised to pass to the Commission a note or �is� as to whether the candidate has passed or failed per the comt�a�.�s�on guidelines. The motion carried unanimously. � There was some discussion concerning a rec�� rom an out of state candidate who wished some provision be made �� omplete the necessary tests at one time. The commission consen��s was that any decision ' concerning altering the testing process sh4�.ld be reserved until after the initial written test results ar� x��ved. ' r � ' A motion was made by Commissioner Schell and �econded by Commissioner Treuenfels that the three Civil Service Cflmm��sion members, the Public Safety Director,and two Police Supervisoxs �ak� part in the monitoring of the written examination. The motion carri��d unanimously. A motion was made by Commissioner Breid�r and s�canded by Commissioner Schell to adopt the preliminarg schedule and noti�ication forms and standards as drafted by the Public Safety Dire�tp�. The motion carried unanimousl,y. (cont.) s '' ' � Civil Service Commission Minutes May 17,.1977 Page 2 � � 15 A A motion was made by Commissioner Breider and seconded by Commissioner Schell to accept applications �vhich had been hand delivered to the Police Department on May 14th. The motion carried unanimously. The Commission reviewed the applications received and accepted 187 ' candidates to continue on in the testing process and ascertained that 23 candidates did not meet the minimum requirements set by the Commission. � .� A motion was made by Commissioner Schell and Seconded by Commissioner �'reuenfels tbat each individual candidate taking the test would be assigned an examination number as they are passed out and that this number should also be included on the answer sheet. The motion carried unanimously. � ' There was a briei discussion on the control methods and possible monitoring methods to be used during the iime the �ritten test is being administered. No specific date was set ior th� next meeting. It was determined that this would be for the purpose of setting up the criteria for the agility testing and would be cailed at the di�scretion of the President. A motion �vas made to adjourn the meeting by Commissioner Breider, seconded by Commissioner Treuenfels. The motion carried unanimously and the meeting adjourned at 9:37 P.M. Respectfully Submitted, Tim Breider Secretary TB/pr � 0 0 PRESENTATION OF THE PLANS FOR THE ISLANDS OF PEACE PROJECT 0 l6 � ; 1 k '7 % '4�'l�u C'cr :'�c:'�,. � � , REPLAT OF MARXEN TERRACE 1��1n r:;,, ,- ..< �,:�,�.��_ ��. _ . �, G�-r,- �>�.- �..��p4��; �`... 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ORDiNAt�CE FIO. 628 - STREET AWD ALLEY VACATION f?E(lUEST SAV "76-06, BY � . 237 . � . , � , PAGE 2 ls a MOTION by Councilman Fitzpatrick to r�aive the second readinv of Ordinance No. 628 �nd adopt it on the second readinrt, and publish. Sec�n�Jed by Councilwoman Y.ukowski. Upon a voice vote, all votina aye, Playor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATIOtd OF APPROVAL OF FINAL PLAT SU3DIVISION P.W. �76-07, ROTTLUND OAKS, BY RO7TLUhlD C0�•1PANY I��C. , GENER,ALLY L�CATED EETI�lcfN RUTH STREET AND EAST VER ROAD, AhDTiJ nC � r ocnrv rrnrrr _ -._— _._ ` MOTION by Councilman Fitzpatrick to concur with the recommendation of the P�,anninq Commission.and approve the final plat. Secorded by Council�•�oman Kukowski. Upon a , voice vote, all voting.aye, Mayor Nee declared the motion carried unanimously, � i RESOLUTION h0. 1-1977 - DESIGINATING AUTNORIZED SI(;NATURES FOR THE CITY OF FR1D�.EY � AND OFFICIAL DEPOSITORIES: ; . . ' i�TION by Councilwoman Kukowski to adopt Resolution No. 1-1977. Seconded by Councilman ' Hamernik. Upon a voice vote, all voting aye, hia,yor Nee declared the motion carried , unanimously. � � � RESOLUTION N0. 2-1977 - DESIC,NATING TIME AND P�UMBER OF COUNCIL PIEETINf.,S: MOTION by Councilman Fitzpatrick �o adopt Resolution No. 2-1977. Seconded by Councilwoman ' Kukowski. * ,, .; Councilman Schneider voiced concern that the Parks and Recreation Commission meet on the same night as the Council and felt t�•ro public meetinas should not be held on one night as it poses a problem for persons wishin� to attend both meetinos. . . Councilwoman Kukowski stated, as she recalls, the 1g76 caleridar Tisted the meetinas for Parks and Recreation on Tuesdays, however, the members chanaed t�he meeting ninht : as Monday was more convenient for them. � Mayor Nee suggested Councilman Schneider may wish to place this item on the Council's agenda. i � UPON A VOICE VOTE taken on the motion, all voting aye, Mayor Nee declared the motion � carried unanimously. I RESOLUTION N0. 3-1977 - DESIr.,��ATION A LEGAL NEwSPAPER: � !'�TION by Counciiman Hamerm k to adopt Resolution No. 3-1977.` .Second'ed by Councilman � Fitzpatrick. Upon a voice vote, all voting aye, hiayor Nee.deciared'the motian carried , unanimously. � ' ' � ' . i �. 7his resolution designates the Sun as the City's Official Newsoaper for the year 1977. Councilman Schneider questioned if the rates were set b,y State law and Mayor Nee Stated minimum rates are set by State law. Flayor Nee also stated he would like to have all the leqal notices published under one heading and requested the City staff to check on what �vould be the cost. RECEJVIP�G THE h1INUTES OF THE PLAPtP1IN(: C0�IMISSIOPJ FiEETIPJ6 OF DECEFiBER 22, 1976: NAEGELE OUTDOOR ADVERTISIPIG CO., SP "76-14, 151 OSBORNE ROAU N.E.: Mr. Dick Sobiech, Public Works Director, explained the Plannin� Commission has reconmended a moratorium be Dlaced on all ne�a billboard construction until the Si�n Ordinance has been revie4red. He stated, as far•as the existin� ordinance, it appears the billboard does n�eet the requirements of the ordinance. The Project . 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' .. ... �, ��o'�x rJ /: il"1�. �v..ue C'.,�o.%��_.._ ..._..N'9;`.- ... .. `�. ._..; . u a r rn,r,ys.,.z, c�i" �� e�" 8 =--�---. . _ —'`s ` �—` '-r=-�--- --a ; �,'i rk�: j,..r, : �N',•I- / J �CD ,�''s . .=1VE�VUE . _ , iit f ,>, tiI, Y _ -_� . _ ��°',,� � +�--_� ,f' .�.�.�_�°°'� . l��t :e:-.--, 4•�; •,.. � - � l� A�w--' -- � �.�. trc'e c'1.,, t�lvChVT} ST,�1F r.110� N;ciNtiay'� NJ. �� +�a, g n e� �� :,, .0 �.,�-n�.-.--s..=--:' =�:.--z.,...___,�� _�.__._.___.___,._ �.. ___--,-:_--_._ ._...___ . ... __.-. _ .. C;� l 11.'t.' . ,.1. ( !.1 !f ---- -- -- ------- _.._._ . tl . `., , • r F f . i � ' ' • l i i' ', �`. , �� - � . � � ( � �� ' � �' 0 , f�l� � w �• • � I j �' i � � ; � � a � 'fN� M�NUtES �� iH€ ��J�AR M��iINf, p� iHE FRIDLEY CITY COUNCIL OF DECEN6ER 6, 1976 The Re�ular Meetinn of th� Fridley City Council of December 6, 1976 was called to pp�ep �� ;9R p.m. by M�ypr t�ee. P(��DG€ Q�' ALL��IANGE: Mayor Nee led the �ouncil and the audience in sayina the Pledne of Alleaiance to the Ftag. . RpLL �A.LL: . � ' ' M�F1�.ERS PRE�EtlT; �ouncilman Fitzpatrick, Councilman Star��alt, Councilman Hamernik, �Q�ncilt�oman Kuko�r��ki, dnd Ftayor tJee. ' ME�1R�R� AQS€NT: Flpne ARPR�VAL 0� �1I�;t7TES: • PUBLIC HEARIPIG MEEfiftfG OF NOVEi��ER 8; 19�6: F10fi�OP� by Council�roman Kukowski to �n�rove the minutes of the Public Nearino Pleetina Rf the �r�idley C��Y GPUncil of November 8, 1976, as submitted. Seconded by Council- �lan S��rktalt, Upon a voice vo��, all votinq aye, Ptayor Mee declared the motion carried tiilliix�at�siy, R��lLAR ti�€fifPl(; p� NOVEM�3ER 15, 1°76: MpiIQN ¢y Gounciliian SCarwalt to aPprove the minutes of the Reaular "1eetin� of the • Fridle,y'City Gouncrl o€ �lovember l5, 19i6, as submitted. Seconded by Council4roman Kukp�cski, UpQn a voic.� vpt�, All vo�ing aye, P4ayor tdee declared the motion carried un�nimously. {1p�PT1(iPi OF AC;€PiDA: . MOfi?OPl by Co�n�ilman N�mernik �o �dont the agenda as submitted. Seconded by Councilman ��A►"k�alt. U�on A vQi�� vot�. �11 vQ�ing aye> �layor Nee declared the motion carried �It�nimously. Q�Q BU�INESS: C�N�t6ERAfiIOD! 0� A RE(1tt�ST �OF', tfAf2I�1�ICES TO ALLOtJ A FRONT YARD S6�IItt"1ING POOL BY i��B�Ri TOPiCZAI:; ��.'�9 OVERTON DRIVE hd.E. TABLED 10/18/76 ; Mpfii�P� by Gour�cilmar� Mam�rnik �o deny �he reo,uest for the variance as recommended by $h� Rl,�nning �onunission. ��onded Uy GounCilv�oman Kul<oH�ski. Unon a voice vote, all Vp�irtc� aye, Nayor Mee ��Glared �h� motion carried unanimously. @R�I�tAf•!CE P10. G26 - REZONIPIG REOUeST, ZONIhI� ORUItdAPlCE A�1EDlDP1EPI7 ZOA �76-04, f.,ORDON �P�ISOP�,-TO REZOME FR0�1 R-1 TO R-3;_ 6500 2P1D STREET M.E : f1QT�(►t1 by Councilman Ndmernik to waive the second reading of Ordinance Plo. 626 and ��Qp� i� or� �t�e �eco�d r�adirtg, and pablish. Seconded by Councilman Starwalt. Upon ��(Qi.E� �Qte, dll vQtin� dy�. hldyor Nee declared the motion carried unanimously. ,/"�� Qt'.B_iP1RNCE "0. 62_7.�. �i REZOMiPlC R�QU�S7. 2�P1IflG ORDIMANCE AMENDtIEtlt ZOA !�76-Q3 BY EVERT - - — — — --- �WANSOM, T tJE FROP1 C�l APlD R-1 T0 R-3; IiITERSECTION OF 73RD AVEMUE A�;D CENTRAL AVEh�UE �ND -- - - - -- - -- - — ��tSiDERAfION OF AFPROVAL OF AGREEMFNT [�ET41EEt1 THE CITY OF FRIDIEY AMD EVERT SLJA�JSON �rdD _ _ _ � �.^ �f1NSl0ERA�'ION OF APRROVAL 0�' FINA� ��AT SUGDIVISIOPI P.S. !�7fi-08, CEWTf�1L 70Wh�H0USE �`t„�,_�(�Rp�I'01'! C�� Ot�I�1MQiJ:Sf f��fE�C,UPP?�1T RtANS, T�76-03, BY EVERT SVJA��SON �p�---'--- --- -- n:rc l9A i � � � � � _ . �_ . . ___�.._ _. � � .__._ � �__w� ___� . _ . __... �. _ _ ' 0 uii � ! -REGULAR COUNCIL MEETINC OF DECE�9BER 6, ]976 PA6E 2 : . . i COFlSIDERATION OF APPROVAL OF AN AREA VARIANCE TO ALLOtiI A TOWNHOUSE DEVELOPHENT ON 3 A�RES OF LAND IPISTEAU 0— F-5'�CRES: • • �: � � � � 1 " :� Mr. Dick Sobiech, Public 4!orks Qirector, proceeded to qo throunh the items in the Agreement. Also, at the last meetin� wherein the first readin� of the ordinance for rezoning was adopted, the Administration had prepared a rezonin� developmental agree- ment outlining certain requirements of the developer. At that time, the developer had not received the a�reement, hov�ever, in the past few weeks they have been able to get together and review the anreement. The items in�the develo4xnental agreement•were put toc�ether from comments received at the public hearinq hefore the Plannina Commission and the City Council. Mr. Sobiech then be9an with Item �1 of the Aqreement which item indicated that the developer feels that the toamhouse development is feasible for a thirty-six (36) unit ' develapment. This is in regards to the variance request which was recommended for approval by the Appeals Commission. The variarce recomnended minimu�n area for town- house development from five acres down to three acres. The main intent of that reo,uire- ment is the feasibility of a homeotitners association in conjunction �rith the townhouse Qroposa 1. ltem �2 of the Ac�reement is reqardinc� the rezoninv wherein there is concern from the abutting property oarners in that once the property is rezoned to R-3, that perhaps an apartment buiding or other uses could be developed instead of �he intended townhouse � development. Hovlever, in the Agreement it is specified that the developer is restricted to developing a thirty-six unit toti,�nhouse development and that multiple d�ve11in4s and multiple dwellin9 complexes, hotels, apartment hotels, motels, lodninq and boarding houses, will not be permitted on the property unless the developer comes before the City Council and explains a change in his plans. Item �3 of the Agreement provides for the intention of the o�•mer to develeo the to�,m- houses to be owner-occuoied in confornance with the Homeowners Association by-laws. Item R4 of the Aqreement is a requirement of the City Platinq Ordinance. Initially the developer was requested to pay a certain amount of the land for park dedication and some recreational facilities that are normaliy assoeiated with to::�nhouse development. In lieu of this, the developer has proposed to construct some recreational facilities in the area of a s�rimmin4 pool; and he has irdicated that the sti•�imminp pool will be in lieu of the land dedication and will be to the value of the land dedication and provide the recreational facilities as has been ailowed other townhouse developments. j Item �5 regardin� the roadway easement remains the same. � Item #�6 remains the same and will be submitted for review. Item �7--there was input from the people that they would like to see a fence constructed along ±he existing residential properties adjacent to the townhouse structure. The • developer has agreed to insta7l a�,�ood screen fence aiona the properties, but it would be constructed upon compietion of the totianhouse structure and at the time the landscaping is beinq placed. � Item n8 was amended to remove the sixth line as it was redundant in that he already signed an agreement. Mr. Sobiech further stated that the developer's attorney has bee� in contact with the City Attorney. � Councilman Fitzpatrick commented in regard to the swimminn pool in that it did not •' Seem to him that it ti•ias �oinq to provide for the recreational needs of the area. It will pravide only ane need of the area and even thounh the value tivould be equal, it still does not serve the purpose intended. The swir.minn pool is not ooing to be availahle to the park area but only to the property owners directly. Councilman Starwalt stated that he agreed with Councilman Fitzpatrick and asked the architect to provide some information reqardinq the pool. � tr u ^ � � � 0 19 B I i � i i O � ' � � � � 3 . � �. i. � f ! � « I REGULAR COU�dCIL MEETING OF DECEMBER 6, 1976 ' PAGE 3 Mr. A1 Hoffineyer, Architect, stated that the pooi would be 20' x 40' and that Mr. Sobiech had the plans (�•�hich he then presented to the Council). Mr. Sobiech stated that the pool would be qenerally located relatively in the center of the complex and that it could be used by the residents. Councilman Fitzpatrick stated that his objection had nothinn to do with the details of the pool but simply that the pool is only one aspect of recreation and that it does oot serve the purpose in mind--the 10% land dedication. Councilman Starwalt then asked Mr. Swanson, oi•rner,'if perhaps the pool was an over- sight or was it somethinq that he may have come around to realize as an overall enhancement of the development. Mr. Swanson responded that the pool was never mentioned until the end of all the meetin�s and that he never realized that anything like this would be asked. In other wor�ds, he felt this should have been told to him �ahen he started the proceedin�s. Countilrnan Starr�alt stated that if P4r. Swanson wishes to buiid a pool no one would stop him; hov�ever, the Council would require that he provide reasonable internal facilities as well. Mr. Virgil Herrick, City Attorney, stated that the internal facilities would be in lieu of the additional 56,000 cash which was pronosed in the ori�inal agreement. Mr. Swanson and Mr. Hoffineyer stated that ihis was agreeable. Regarding the screen fence, Mayor Pdee stated that he had a problem with this in tha�t the people expect it. Councilman Starwalt then asked F1r. Hoffineyer to elaborate on this. t4r. Hoffineyer responded that the fence a�ill be installed in sta�es. As the buildings are completed a�hen they do the ]andscapinq, the fence will be put up. If the fence is put up ahead of time, there is the possibility of heavy equipment knocking it down. ��1ayor Nee suggested that he thounht it would be a �ood idea to put the fence up ahead of time to protect the residents and, of course, their children. Council- man Starwalt then commented that in conversations with some of the nei�hbors, it is desirable that it be ulti„�ately fenced; hoti•�ever, he was of the impression that they were agreeable to it beinn put up in stages. Councilman Star�•ralt then asked �vhat the total time span vaould be for the total construction of the thirty-six units and Mr. Hoffineyer responded that they do not anticipate it to be more than a year. A resid�nt stated that he would accept this as long as he �•�as assured there would be a fence. Councilman Starwalt assured him there would be•a fence. Councilman Starwait then asked �Tr. Hoffineyer to nive a brief explanation of ho�v he intends to proceed. Mr. Hoffineyer then showed the Council a plan of the different states. Mir. Dennis Schneider stated that he ��as quite concerned in that it was his recolTection from the public hearing that the oriqinal sunqestion was that they start at stage 6 and work backti��ards, and the compromise that he understood was that the fence would qo in so the oeople directly to the north, who are presently zoned R-1, would not be burdened with the usual problems of construction or possible trespassing problems. �9r. M�chaet Virniq, 1365 73rd AVenue N.E., stated that in terms of stages, he would be agreeable 'to the fence being put in accordingly. Mr. Swanson suggested that perhaps he cou)d get together with ihe resident and P1r. Yirnig and discuss this amicably. � N1r. Sobiech then sho��red the Council the landscarina plan as discussed at the pubiic � hearing which plan indicated that the wood screen fence would proceed along the � extremities of the develop�nent as it abutts the sinole family residential properties. IMOTIDN by Councilman Starwa�t to amend ParaRraph IV of the Aqreement to require $4,730 ! as payment under the required ordir�ances and that the swimminq nool or other suitable � : internal amenities as approved by the Staff, be provided. Seconded by Councilman ' Fitzpatrick. Upon a voice vote, all votina aye, �layor ��ee declared the motion carried unaninrously. � � Mr. Nasim Qureshi, City Manager, then asked P1r. Hoffine.yer if he could qive a figure of what the value of the townhouses will be and he replied $n0,000 to 560,000. j�. ._ . . ..._. , . _._._._� .. _ _ ---_ __ _._ — ._ _ . . ,.._ � . . ! 19 C � � � . I , i. � , ( � j � �� . � � � � �� REGULAR COUNCIL MEETING OF DECEMI3ER 6, 1976 . j��GE 4 MQTION by Councilman Starwalt to waive the second reading of Ordanance No. 627 and 'adopt it on ttie second readinn and withhold pubiication unti� the anreernents have been executed. Seconded by Councilwoman Kukowski. UPon a voacs vote, all VOr7Fl(J aye, Mayor Nee declared the motion carried unanimously. ` MQTION by Councilman Starwalt to approve the area variance to aalow a to�•mhouse develapment.on 3 acres of land instead of 5 acres. Seconded by Councilman Hamernik. ; Upon a voice vote, all voting aye, Mayor Nee declared the motaon carried unanimously. �• MOTION b Councilman Starwalt to a y pprove the final plat subdivision P.S. �76-08. Seconded by Councilwanan Kukowski. Upon a voice vote, all voting aye, t4ayor Nee declared the motion carried unanimously. � I , i.9 � � ; 1 � Mayor Nee suggested that consideration of the townhouse development plans, i�76-03 � ' be tabled so that there would be more time to review the plans. • i Mr. Sobiech stated thai the tablina of this would not ho�d anything up and that this ; would enable them to see the plans that the building jnspection people WOU�d Y1dVQ to review before actual construction begins. ' I MOTION by Councilman Starwalt to table the consideration of the to��mhouse development � plans and bring.it back when they are ready. Seconded by Eouncilman.Hamernik. j • Upon a voice vote, all voting aye, C1ayor Nee declared the mataon Earried unanamously. t__ .,_ ,.. _ _ . ... ��EW�BUSINESS: � � I • � i � ! 1 , i � i i4 ' ' � ! 1_ RESOLtN,ION P;o, 118-1976 - 6IVIP�G PRELIPiINARY APPROVAL ;� A PROJEE� UflDER �NE i9UNiEi Mr. Paul Whe�r, Corporate Vice President of Safetran Sy�tems Eorporation and Vice President eneral hianaoer or the Electrical MechaniEal Division, �•�as present ar,d stated that the ard of Directors has autharized the expansion oF a� additional 72,000 sq. ft. of `e existing facility in Fridley. 4Jith the addition of 722000 sq. ft., it is their int t to increase the number of people who are employeJ thare. Fortunately, accordin� o Mr. bJheeler; the business is arowinc� and thereby necessitatinq a need to er.pand. Mr. W eler then mentioned the names of several ciei�tlemen vrho �.�ere also present: hir. Purol, rporate Vice President, Finance, fron� Louisville, Kantucky; �dr. Dan Mills, J.C. Bradfor & Co., from Nashville, Tennessee; Fir. Harry Mitcheil, Plant Manager, Fridley; and M Fred Salmon; Division Controlier, Fr-idley. The contractor they are using is hia, ey Construction Company. Mr. Pier-ce, 2135 24th Avenue North, Plymouth, was prese a to represent them. Mr. Lynr� Endor-f from Dorsey Owens was also present. - - Mr. Dan Mills, J.C. Bradford & Co. then speke about his or-aaniaation a�d stated �h�t they were quite honored v�hen Safetran Sys ems c�ntacted �hem to be �he under�vriters on the issuance. He further stated thrt h ornanizatioAi is elso a��are of wha� a sound and financially strong company Safetra� Systems is. At �he k�rese�� ime, k�is Company is planning on a million and a half do lar issue �o be�retired�over fif�een years. Mr. Mi11s also stated that how payment w'l1 be macle has not been decided es �k�is is usually dictated by the market. Ho�vever, at th �re.Se4it time, he believed it would be a levei debt--a level principal and interes payn�ent. �bi� will necessi�a�e a figure of approximately 5150,000 per ,year. � � Mr. Lynn Endorf, with Dorsey Owens, was then asked to cornns.t en �he lec�al aspeets o� the issue. ' � � Mr. Endorf stated that he did not have much more ta add,, anly �h he wan�ed to emphasize that they are seeking preliminary approval wf�ich wi}1 c�i �he conipar�y a.n indication that the Council is lookina with favor upon �he projec�. lso, that the company can go ahead and take the necessar_y steps to firad samebody �o urchase �hese bonds with the understanding that if the purchaser defaults, �he Counci will c�o ahead and issue the bo�1d. htr. [ndorf then corxnented thd� �1r• r�Zr.-v.in BrLnsell , ' a�ae Director, has copies of the application to the Stdte De:pd�,��>>erat ati Eea�wmi;c ,.��.T,ppn+era� with information provided by the Company. He prp�eer�eii ko di�sGr.�i.bute. 6iais.ta e C4uraci�l. Mr, Brunsell made reference to Pa�e 2 which �iveg d fax�r�,kdown P� 6F��. gs,�i,niab�l; r�i�s��s in the bond issue and also a brief description of �h,e �d; i;��4e.. � � � � i � tl _ � ti .a s M� �ti 4 j �� oy ? 5 vy 2� ♦ . e t��, � ` :� •� /( ` � � `I ;/ �� I �. � � � � ; �./ J il a �_,; .� _ � . � � �? i . � � ,^� !� ., 1 � %�� ; /� -). �� . 1` /�f'i' 1`"�. I � , � ,,/ II .1'•. /}0 1 � 1 �� , 1 / / `!7/•t•pI' 1 ,/ i� •.'•• /. � � / / � /'�� ' / //// /. "'— P.EAL ESTATE 10 ADDN . P. 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' / / i `� � � � � ,ti �,q,� � , ", � % � ' ��,��ii � ,�6—�' f/ I ��\, ��7% / , �os�=�: �� ,��; J��. / ; - ,��, ' � j.� -- � : i � � � c j�o6 � / � � ��` ` � � �� /� `�i / ` /- `� � . 7�f��' / "%� I I �. J��/ E . . Q . � p -` � !,�% � Ir ��': %i� - - �• • � I�vA� ��Yy�� '�C� c - . . I , �. , � ✓� v . . � � � . � ..�' . . ... . .. i. _ . .. .. - _. . ; � � � - (�Js �,� M ►_ M Y- G d .i[ y W� C O+' 2 uJ +n� c.-Ly a�+C ,C [� F � Q��+ W f C uNN'OLNrb a r-,c �>�y-7v�o � O W V LL'� � M� L' F, N uv u a ♦. G C L4 4i 7 W 7� N Lry O.- N��V, 4" ��= NL U� 9 O O 9 N�~y i M 7 L �' t ~ � L .+ i rn o N v ..� o�. .e c c�+Yu xN� L Ot vu.. � D�•� q N O 2 d O C � L N G N Y a �F G� 1/1 1+ ; L c W C i.-+ � N v �L c.�T-w c �b LL�+ Y.- la_ rn✓ O �o Y�- � T d T t V �[f � El N �+.- �.+.- �+ _ O �- �n oI u p L q L H � Oy�v L 6l -^ 9 �y J�+4- O .�L Ns+ 3 L�N uN�" r,o c. o' a+> � ob X V- L 6i L N L �Y a� N d y p wLF--L Vtia-+N:� N v�ai�a,v�-.+Y�yc ccrrmo ¢�- p��+.rOD �J�N.. � '� o W�� a� c O 9 t� �n V.: ' °iL°��iuNS61-r�m� �`" .r'+ ai .+ o a, .+ v� n rn i. c y Y N"� •n Y N � rr�- L o J O O 1��+ !0 b V1 d O S� N U i �� p C O`c-. �� P q (*N u d/ N± ��oi�alu q� C� V N'V. L N 6 V v a N V �� (�i N q 4�1 N� iA a� r m ai c � o�«��n ., .+ .. c c � � 3 p.rr o++ � .G+ S� C . J•. c y_� G 6 � �i '4 a+�.'+�'_U V � �� . . vo � `q� ~ .e c i �'� �! �C o.�^A�� M gQ � -'`_-':u.q. M � M' � ��:1� sN ,. •�.�.�. a 0 �� f ._. Fx T 230 REGl1LAR COUNCIL MEETIt1G OF DECEf1QER 20, 1976 NSIDERATIO�J OF FIRST READING OF AF! ORQIPIAPlCE FOR STREET AND ALLEY VACA V k76-06, BY f(OTTLLtJD CQt1PANY, Ir�C. TO VACltTE ELY CtRCLE, GENERALLY `f!� Si"R�T AP1D Er�ST RTI�ER_ ROIID, NORT}I�� LI(3f:PTY S7REET N.E.:—%L , . , . � PAGE 2 20 p. REQUEST. I 1rn RG7IJ�CN ' . Mayor Nee stated there had been a public hearin� renardinn his. t'qTION by Councilman Fitzpatrick to waive the readin� arSd adopt the ordinance on the first readina. Seconded by Councilman Hamernik. �n a voice vote, all votin!� aye, ttayor P�ee declared the motion carried unanimously; IDERATION OF_APPROVAL OF FIPIAL PL11T SUEDIVISIOP� P.S. #7E-09, DELEIER ADDITION, BY ' t �— / . i • , Mr. Sobiech stated that this is the remainina parcel of nronerty on arhich there was a public hearing. At the public hearing, there arere Ro ob,jections to the proposed plat ,+ which would resu]t in a cnntinuation of 73'? Avenue to the east and then the extension of ! Lakeside Road. He further stated that althou�h the oroperty is zoned R-1 to the north half and R-3 to the south half, at present it is the intention of the aetitioner to develop sinale family. The,stip�lation from the Planninn Conunission is that the petitioner , contaci all remaining property otvners reaardina an,y additional rinht-of-way that would : be requ�red for providang the im�rovement for 73', Avenue. P1r. Sobiech oroceeded to show the City Counci�' a sketch on the easel. It v:as further noted that the front width . of the southerly four lots in the R-3 zoned area would only be 72.25 feet instead of � the standard 75 feet. , � MOTIOIV by Councilman Starwalt to approve the finai piat with the variance duTy noted and Vrithiihe following stipulations: (1) the petitioner is reauired to obta�n the ' neces�ry easements to prov9de 73'2 and Lakeside right-of-way and (2) that in the event the�property is developed into multiple dwellings that all access be off 73rd Avenue ; re�s�dential streets. Seconded by Counciiwoman Kukowski. Uporr a voice vote, all voting ~, aye, Mayor Nee dec7ared the motion carried unanimously. l�,�."s._°`„`. CONSIQERATION OF APPROVAL OF FIhIAL °LAT SUBDIVISIO"J P.S. #7b-11�, R�Al. ESTATE 10 ADQITION, � BY FRANCIS J. GIRDLER, C,ENERALLY LOCATED IN TNE NE OUAQRRi�1T°=dF''i 694 AND HIGHWAY 65 N E: ! Mayor Nee stated there was a public hearin4 renardin� this and.there were no objections. MOTION by Councilman Starwait to approve the final plat. Seconded by Councilwoman ' Kukowski. Upon a votce vote, all votinp aye, P9ayor Nee deciared the motiort carried i ananimously. COP�SIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISIOPJ P.S. -76-10, INPdSBRUCK VILLA,GES SECQf��D ACDITION, BY DARREL A. FARR DEVELOPf1ENT'CORP., GENERALLY LOCATED NORTH OF �nTU rn�n�c�.,n` n.�.. ��.-�r ..� ��..- .,. .,,.. �,—.- �_ ---- i. � ---�-�- . _..__. ....,....._...... . Mr. Sobiech stated that reaarding the proposed final plat, the petitioner wants to add • � an additional two structures of townhouses to the already previously recorded Innsbruck ! Village plat. He further stated there would be a trade of property from the apartment complex to Innsbruck Villac�e Second so that there is an even parcel of property swapped in order to maintain the existing areas and to allow the construction of the two townhouse ' structures. t ; ( 1 i .i { ... Mr. Sobiech stated that another concern was the public walkway ,ystem and there is a letter on fi7e which indicates that the developer will maintain and provide the necessary easements. Mr. Hasim Qureshi, City Manager, asked f1r. Sobiech if.there were any negative concerns frorti Innsbruck North Association. Mr. Sobiech stated there were none that the Planning Commission was aware of. MOTION by Councilman Starwalt to approve the final plat with the letter of condition regarding the walkway, maintenance, etc „ and that the two parcels be combined into One parcel for tax purposes. Seconded by Councilman Hamernik. Upon a voice vote, all votin9 aye, Flayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FIPaAl.'PLAT SUBDIVISIDN P.S. �76-05, INNSBRUCK NOR?N REPLAT 3RD A[�DIlION, 6Y DIIRREL A. FARR D[VFLOFPIENT C�RP., GENERALLY'LOCATED OM THE 4JEST SIDE �F EAST �AVARIAN PASS AND SOUTH OF F1EIS7ER ROAO N,E.: Mayor Nee stated that they now have a memorandum from the Cit,y Attorney and a letter from the Townhouse Association. ; i i , MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public�Works Director DATE: SUBJECT: June 2, 1977 Request for Building Permit Prior to Platting As you are aware, Mr. Bob Schroer appeared at the City Co�sncil Conference Meeting of May 23rd and requested that a building permit be issued for a parcel of property to allow development of Godfather Pizza at 7910 University Avenue NE. At the present time the parcel of property bounded by 81st Avenue, 79th Avenue, Main Street and TH 47 is listed under one parcel number. In order to issue a building permit,a platting of the property must take place unless otherwise authorized by the Council. The parcel of property in question is already split off from the major parcel due to the construction of a service drive between 79th Avenue and 81st Avenue. This splitting caused by the roadway has, in fact, created a parcel which would be a separate lot when a plat would be proposed. � At thistime, if the Council desires, there would be no objections if a building permit were issued to allow the development of Godfather Pizza with the understanding that a plat must be pro- � posed within the very near future. Specifically, it is suggested that the building permit be approved with the stipulation that the proposed plat be processed and approved before issuance of the certificate of occupancy for Godfather Pizza, or September � lSth, whichever comes first. The proposed deadline would allow ample time to process the plat. � RNS��m � �.. � � � ' 0 ` i 0 � '.\ 3 � .-. .. �;° �, JSaD A/'E a+9a ;. 3�0 �QNES GOLF RANGE !3� St a�E. _ T9?H AI _� � M.S.�.S 3D3 GRA!iA M { TES'•£RS \ TALC 0 INC. � � o , w�N o sr�+ r OAT �� z Z Q � IJ � � kARRfS W Ea�G' ! � 1"i0N 'i r.:�. � A . � • �.` j—_ �� i il : � /�–"'--� . � I � _ s � , i.�' �•� TOWN Csd ER �� HOMES _..___1 ? ; 3' g / PRCDUC: r�hN•:N � J ' FRAHY� , NUR Se,3Y I� V{IT 1{VVMV. . . . . County Nwys: 1 �.7? 1��i { - i� � o! O.AO M i t r 1 � 7910 University Avenue.NE � �� „ 1�! Fii e (Godfather Pizza) {�pjiCB �nn r—r— C�ty Nflt t c� z � � � i 81 ST. AYf. "�1laP EX�PLANATION Pubi�c Road OpEn #o T � Qublic Roa� Nat flpen --- – Privflte Ro�d Op�n t ZTT_T_ �'uiu:re Propossd Rc ----- �41iTOfl� TtflC�C� --••-�-- C�#y �3oundory i.imit L��ICOOD LANg 94 Dnfierstote Ti�y. ❑ i'Aliit3850t0 S�fl#8 ��° o � Anoka Covn#y Nwy- 7�0 Hous� Numb�ring °EOAL£ RD. ° -j- Cf�usch �� Nospital & �tinic's ?�fM ,AYE. � i�liUill�i�?Q� �u�l�lin� � � :�r -� Par�Cs Q t J P.O. �4s# � O�f iC8 � �''1 $C�?�D) �� -� Ptl�il: r::��r�� fC}�� t �� l�) Pri�t7fs �;�oCl PrDpQr t� f .: I _�� ----- V1LL��E _ n;eo�,+z sticPriNS , --- -------- f._;77ER , � �–• .. .' .. `a''�-�—.�--� F�tD�EYt �� . SJ ASSi M. . ' �r �'�� OF G00 �� i � � ,-�a` �� . il,y�TY tiOSa 4 i-�.N?�!-� 1 . R�,�� 1 •5 Tt1 , �' r i `. u - i J�' (00� BON?N:'a 19C w W ' . ��, � w z a �., � �/ / '' 1 O w _ � . � .Z. . . �_ ,. � r g / ,>a2DA I . .:� � �,r �,�o MOV�yO CO. YC�UL . . .., ,,. ., �.,, �� F?�DLEY wt_DICaL CLiNIC UiPLE � I wuw��+a � `L ....._., . ... i . ... � >� h� I � G � / ! �l �. `4 7Jw 1 -;�`i� !.l. t" fi�`�',, , t�,te.rt� l r � wdArdlKA4�„�a � �� . �• : �::..�:... �;i ,�r'•.i.' !.• 1.'. -� , 7 � �: � �9 �� .u� .,J�... �� _1 May 31, 1977 , LL �� '� �� °`.-�3��..;�� 6431 UNfVERSITY AVENUE N.E.� FRIDLEY. MINMES07A 55432 Mr. Rpdger Wedell Tire City, Inc. 4043 Central Avenue N.E. Minneapolis, Mn. 55421 0 T.ELEPHONE ( 612)571-3450 Certified Mail �495238 Re: Renewal of Service Station License for Businesses Located at 5333 University Avenne N.E. and 8255 East River Road N.E. Dear Mr. Wedell: In accordance with the provisions of the City Code, numerous inspections have been conducted o� the above listed properties. At both locations, the following items were found to be in violation of the City Code. l. Numerous displays of tires greater th�n four (4) feet from the station building. 2. Excessive free standing portable signs being used to advertise prices and products. ' These violations were brought to your attention as early as November� I974; then again in June, 1975 when a building permit was issued for the station at 5333 University Avenue; and finally by a certified letter addressed to � yourself in October, )_976. The final notice resulted in two (2) citations being issued.Plovember 19, 1976 for the 5333 University Avenue station and two (2) citations �or the 8255 East River Rc�ad station on becember 9, 1976. � Af ter several manths of delay, during which the violations continued to exist, a guilty plea was entered on ApriZ 19, 1977, resu2ting in a fine of $25.00 for two of the citations and a dismissal of the ot.her two. L_� � � ' ' A reinspection on April 22, 1977 found that both stations continued to violate the Gity Code by maintaining tire displays greater than four (4) feet irom the building and excessive free standing signs. On that date four (4) additional citations were issued which have been subsequently delayed until a July hearing by requesting a trial by jury. During this extended tittte period of over 2� years, these Code violations have continued to exist at your businesses. v t�tr, Rodger t-7ede11 II � Tire City, Inc. i May 31. 1977 . Page 2 Therefore, the City staff has scheduled your 197'1-1978 license application for reViewal by the City Council on June 6, 1977 at 7:30 P.M. At this time, and based on past inspections, the staff can not recommend approval of your license. A reinspection of your property will be conducted on June 6, 1977 to determine if a reco�¢nendation for approval can be made. If said inspection finds continuing Code violations, then it is the staff's opinion that you should appear before the City Council to explain why your license sr�ould not be denied. We are confident in your cooperation with regard to this matt�r and if any questions or proble�-ns arise, p2ease feel free to call on me at 572-3450. Sincerely, � • �� : ��-��'. RICHARD 1V. SOBIECH Public Works Director RNS/mh CC: Darrel Clark - Community Dev. Adr.i. Steven Olson- F�viroru7ental Officer ' . 22 A • . . ( _ �i��•,�� t�� RI' �.�'1 �i� '� :j � �! � �� r � : �. /9 .��!��y�' 1 ' . . . :i � ' '�. ._i!e4J 6r J4 ... rl ^�/'� . . ;..c1 � ^il:, ..:` i9-=n. `2^ J/8 .,�5. �. ` _ _ . . . � v � � LL l! ��. r i µ N �� • s. .9� � i j: � . . : • . "� � o, A��h ,^a � /I , i1 � i" �% � !V /!f . /.� / f/ ♦ � � r/i � 1�. : :•� �_�.�- _.' ._-_- /o. .� � 3 b .. 4 . ... .�•� it .. /q✓�..' M/. • r�.G ., �� , i G / . �� •P: �r �.�f�.� ,� .. ��n/y'Atr •,. " � � �' . 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M�}.. �� '�"� v- ✓. � !1 tu: �" - �. 31�� 12 +�.A;, i �! ,_�- a�ti �: 1:`'�.-`�s;'w '�4 .y_. .� - : 1'cy.y: v. ,..r �.......• i �Y 2 «� � I ___y__ ._____�_._. _ � . - _ ,. �. _ �EMBeR � °~� •r`b : �, i ; � � ry?ED 5'� �AYCE�S ' r � FRtC�LE AYCEES F.r.i.d,le��c C.i.-�r.� Counc,i,C �4,32 Ll�ruve�r�.�tr� r�ve. ll%.�. Fn.u�,Ce�.�, l��iluz. 55�j2 Deait l�ierr�ien o� �he Cowxc�i.l, 24 BOX 32004 • FRIDLEY, MINNESOTA 55432 �i�� G, �977 Tlu� �a�y a.e .�.n �r.e prca� .�even �� he �ir,i�d,Lec� �a�.dcee �.� uu.Ll be ho.��i.n� tuv mcz�vvn. �nen'.� .��a,te .�v�,t,lia,GC �owcr�amerr� .u�. Fiud,le�. The zou�.nainent� a�e a� �.�,��: � 2V �earrr� r��?en �.� S#a,te Indu��.i.u,L .�.lvw �i.tch flcu�. !3-!� 2l? �euma r�-�`�ec. l�1en �.a Indu.��ir.ir.c.l .�.Lom p�t�ch r�cu�. /j-!� l�e a.Jh �oir. c�urc app�zoval �v� �lze u.�e o� z�fre ci.tc� Cxrn.� a� �o.l.l.vur�� Comnon.�, Loc�te and �7�en orc �her�e #un d¢c�a, u�e a,l�o cr�r� c�wc ap�vvu,C and pe�uni��.i.vn �oa �h.e �►.uo��.' !. aEo .i.n�s.�cr,Gl �eRC,ing cvr.ound Comrnorv� pan.� �v�c �i.c�et .ou,le.� and �va corr.tui.,ung .�pect.a,tvir.�. 2. �oz �he u.se o� p�.� vnd 2ec�cen,tti.va me�i.n;Eance e�u�.�rnerc� cr,o needed. �iue rui..l,C con,tuat Chuc�, a6ou� nece.�.�cu� eg.cci�ne.n�. % 3• .a�low one �!% o� �icn �2� men �02 a.ao.i,,��ing �1ze �a�cee �.o .in .�n.��rr,LC�ng #he �ericin�. ��firom �he pia�r.h and aec. de�uE. � �F. #fu� x`!ze no Pe�� ,�ud'�',° be 6a�ed ci(ong #he �cce� .e.ide o� 7�h .e.trr.eet, and a.lao cc1v�� #1te Sou�i .a.i.de o�C 6l.�� ve. �oz ad�#,iona,C ��ing. 5'. �o� #Ite appaova,l o� Food and l3ee�r. ��ni,#� �oir. .�It,i.� �ouitrtamen,#.�, �mvn#h o� r�ugwo�% a l�o a.LC �ee'.� u�zi.veal. "Leadership Training Tiirough Community Development" , ❑ II � . �_� � � � Fnn �he�e �owuzamen,f.� rue a.�l� �oa c�nwi cv�.��ance, .�o �1ra� #he C.i.�� o� T�iud.Ce�, �and �he �al�cee�.� mzc� con�ircue �o ho.�� #he.�e �owtnarner� .in �he �,u�ivte wi.t�t c�r.ea,t .�ucce.�.�. Dwr.i.nc� �lt,i.� �vututamerLt rve u�i.G� fut.ve a Fi:,�a�,Ce� po.(,i_ce o��i.ce�r. on �lte �ound.� cLt u,LL �ne.�, u,�e u�i.11 be adequa�el� covelr..ed 6� L.i.�uo2 /�i.a.6.i.,Ci�c� and pen.�ona,C /_i.aG.t.Ci.�c� ln.�wiance. , The �.i.,tc� o� Fiu�d,le� hcr� arz exce.l,Ca.n.t �eF�u�a,t,i.vn �oa. hv.��ing #1ie.�e �ouanamen� and we ru�u,Id .Li,.�e �0 6�Cei.ve �he be�� czc,i,l�:,t.i.ea .in �h.e �1�tira � t�aea, u�e unc�d be fwno2ed .i.� l�kzc�o2 Nee oz anc� lr?err�lie�.�� o� �he �ounci.0 unccld pa2t.�ci.�te .in �he �9dirxrrirl� CefcemnRe� �v.Llvrui.ng each �ourcr�nen,t.�. ' I uai,GC con.tar.t r�nu .in �fto.�e �e�r� ,La,ten.. Z�' �u have anc� que.��iJo►v� aboc�t anc� ma��e�z �lea.�e �on�ccc.t l�ie: 5'J!-�2%0 o�r. L3en N��,�d- 78692�3• �' 0 2� A Tharc.h,� �v2 �nurz Con.�.i.de�%a,ti.on, S.i.�tce�r.e.Lcd, 1 � ; �„ 'J. �... ��. 't, / / .,.V �'7 � `'� ( '. l" Rvb�r,i �. Lefzne� TocuuzamerLt Cf�a,i�ran �� 1 ' � ' � , � � ' ' � � �J L ., � � ,� 24 � PARKS & RECREATION CONIMISSZON MEETING, MAY 23, 1977 PAGE 6 Ms. Seeger asked what action could the Commission take to ensure that there was a park ranger; and because of the limited budget, she thought they should protect wh at property they had. Mr. goudreau stated that even Minneapo2is who had a regular police force for patrolling the parks stilZ had the same probl.ems as Fridley had. He would question the effective- ness and efficiency on the use of a dollar. How far can one person go to protect all the park areas and school areas? As a public relations person, the park ranger was good, but how much vandalism would be reduced, it would be hard to say. He said with some of the �things that were going on in Locke Park, it would be dangerous to send in just one man. But, Mr. Boudreau said, they were looking at different solutions�to solving the vandalism problem. � , , NEW BUSINESS: • A. Consideration of Ordinance Change - Locke Park Mr. $oudreau stated he had received a co�unication from Sgt. Kennedy of the Fridley Police Department regarding an ordinance change for Locke Park. Sgt. Kennedy offered suggestions to heip in controlling the litter and vandalism in Locke park and restric- tions for assisting in clearing the park. MOTION by Leonard Moore, seconded by Jan Seeger, to receive Sgt. Kennedy's co�siunication dated May 11, 1977. Upon a voice vote, a1I voti�g aye, the mo�.ion carried unanimously. Mr, Boudreau stated he would like to take this memoxandum, draft an ordinance with the Police Department, and bring it back for the Commission's review; and if the Commission agreed with the ordinance, recommend and send on to Planning Commission and City Council. MOTION by Jan Seeger, seconded by Leonard Moore, that Mr. Boudreau draft an ordinance change f or Locke Par1c with the Police Department to be brought back to this Co�ission for its review. Upon a voice vote, aIl voting aye, the motion carried unanimously. B. Facility Use Request - Fridley Jaycees , Mr. Boudreau stated he had a letter dated May 6, 1977, from the Fridley Jaycees ' addressed to the City Council in which the Jaycees were asking for the use of Commons, Locke Park, and Madsen Park for two major men's state softball tournaments on tiug. 13-14. They had also asked for approval and permission to install fencing around Commons for ticket sales and for containin� spectators, for the use of park and recreation. maintenance equipment as needed, f or one or two men from the Parks & Recreation Depart- ment to assist in installing the fencing, for no parkino signs along the east side of $eventh Street and along the south side of 6lst Avenue for additional parking, and for the approval of Food and Beer permits for these tournaments; also a1Z fees waived. Mr, goudreau stated that last year the tournament cost the Parks & Recreation Depart- ment around $801 and the Jaycees reimbursed $110 for the cost of the two Satellite restroom facilities. He asked the Conanission if they sti11 desired this expenditure 1 � ' 2� C PARKS & R�CRF.ATION COMMISSION M1:ETING, MAY 23, i977 _ PAGE 7 to be ma�e with reimbursement for only the two ��teli�te ��E��ties. He said he thought it was a good Cournament and the Comm�ssion ��o�ld �ry and comply with it. He felt the Jaycees had helped in the past by d�nation of f�cilities and equipment, not only for Commons, but also for other areas, H��s��d he would like to negotiate with the Jaycees to have them at least pay the Sala�y (�round $50-60) of the Parks & Recreation Department.man who would be working oyer-ti�e o� the weekend. MOTION by Jan Seeger, seconded by Robin S�hrbie�, that the Commission grant the Fridley Jaycees' facility use request for Commons, Locke, ��d M�d&en pa�ks for their annual men's softball tournaments on Aug. �3-14, 1977, but that the �aycees consider paying $SO for supplementary weekend help. The Jaycees we�e a fine asset to the cammunity and the community had benefitted from them. Upon � voiFe vo�e, all voting aye, the motion carried unanimously. Mr. Peterson stated that it was only fair that the �aycees be reeognized for their valuable contributions, but also that they shA�ld �e as�� o he1p. C. �acility Use Request - Blue Line Club Mr. Boudreau stated he had received a letCer fr_-om Do� Howard dated April 29, 1977, in which Mr. Howard was requesting the use of �ommo�s` so��ba11 fields for a tournament on Aug. 25, 26, 27, 1977. The tournament was needed to raise money for ice time. Their organization, the Blue �ine Club, was buying iee �o s�ppor� �he added needs for the JV program at the High School. Mr. Boudreau said �e did ��ow that Fridley policy in the past was a limit of three tournaments per, year for f�Fility usage at Commons. He stated it would benefit the Parks & Recreatiofl hoekey prog��m as �t would free up �their ice rinks. He would reco�nend that the Blue Line Glub be allowed to use the facility and the City would assist them in a�y ma�ne� pps�ible. �hey would be required to pay the $100 fae for clean-up. � MOTION by Jan Seeger, seconded by Betty Ann Meeh, th�� h� �QUt�i�s�o� grant the Blue Line Club�'s facility use request for CouLmons Par-k on Aug. 25, �6, 27, 1977, with $100 fee for clean-up. Upon a voice vote, all voting �y�, ��e mQ�ion carried unanimously. DIRECTOR'S REPORT: A. Rice Creek Watershed District Mr. Boudreau stated he had contacted Mr. Tpny Fetraflgelo �bou� �he possibility of him appearing before the June 27, 1977, Parks � Recreatio� CoErsn.issipn meeting to talk ab wt the Rice Creek Watershed District and M�. P��ta�g�lp had agreed to do so. Ms. Sporre stated that there would also be �� Q� t�� R�ce �reek Watershed District at Fridley City Hall on June 13, 1977. . � ' � �� ° . � 25 1� I' I' 11 ' MEMO T0: NASIM QURESHI, CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR/FIN. DIR. SUBJECT: CONTRACT FOR COMPUTER SERVICES DATE: MAY 27, 1977 The attached Joint Powers Agreement provides for the City of Anoka �o furnish computer services to the City of Fridley for the liquor perpetual inventory and sales analysis system. The previous Joint Powers Agreement expired on June 30, 1974. 6Je have been operating without a contract or agreement since that time. In the past we have been billed on ihe basis of actual hours of labor, equipment and the cost of material. The charges have varied considerably from month to month. The attached agreement would provide for a flat charge per month for the balance of 1977. At the end of 1977 we expect to make an analysis of the service to determine whether we should discontinue the service, urge the LQGIS organization to step up their development efforts of an inventory system, or continue with the Anoka service. MCB/eh , Attachments: New Contract Old Contract , ' I.' �i I '� f ��. II 'I '� �' ❑ �� V� � �� City }iall . 2015 I� irst Aventie Anoka, Minnesot,155303 (612) 421-663O May 23, 1977 Marvin Brunsell, Finance Director City of Fridley 6431 Univers�ty Ave. N.E. Fridley, Minn. 55421 Dear Mr. Brunsell: Enclosed you will find the Joint Powers Agreement covering the data processing services Anoka agrees to provide for the City of Fridley. This agreement covers the set monthly charge for the rest of the year 1977 that we had talked about caith Bob TlcGuire and Florence, I hope this meets with your approval. i+Ie, the City of Anoka, wish for you, the City of Fridley, to sign all capies and return all copies to the City of Anoka as soon as possible. We then will sign them and return one copy to you for your records. I'm sorry it has taken s� long to put together a camputer services contract. It was Iong overdue. I'Il try to keep our record up-to-date concerning this matter. If you have any questions please feel free to call me. I'm sure we can work sonlething out. Very truly yours, � ,/ t�G'>�G t'.��--�C�� Duane F. Handrick Supervisior, Data Processing Enclosure: 3 copies - Joint Powers Agreement 25 A 0 . , '1 .3' � �^ �� :.�.�. 25 B �� ` � �� . �� r� ��A II �� 1, `�- �� . I t �..� City Iiall � 2415 First Avenue ,i:� r r . G12 421-G630 �� Anoka, Minnrsota ��303 ( ) JOINT POWERS AGREEMENT THIS AGREEr�NT, made and entered into this 19th day of May, 1977, by and between the City of Fridley, Piinnesota (hereinafter referred to as "Fridley") and the City of Anolca, Minnesota, (hereinafter referred to as "Anoka"), WITN�SSETH: WI-IEREAS, Anoka has a computer and it is the desire of the parties that Anoka furnish to Fridley computer services for its Perpetual Liquor Inventory for the remaining year, commencing Apri1 1, 19?7, and ending December 31, 1977; NOW, THEREI'ORE, the parties agree as follows: 1. SERVICE: Anolca agrees to furnish to Fridley computer service for the . FridZey Perpetual LiQuor Inventory for the period April 1, 1977, • through December 31, I977 on the following terms: (a) Schezlule: Fridley shall furnish to Anoka a11 of the information necessary to enable Anoka to perform its obligations pursuant to • this agreement. Anoka shall deliver to Fridley �he completed reports no later than terr (10) days after receipt of cash register paper tapes, list of purchases for the month, transfers between stores and all subsidiary information. (b) Supplies: Fridley shall furnish cash register paper tapes, which shall be sent to Anoka as provided by Section (a) of this agreeT,ent. Anoka shall provide all tab cards and stock paper required for the report functions necessary to perforni this agreement. The cost of these supplies are included in the cost of services, Section (c} of this agreement. (c) Cost of Services; rridley shall pay to Anoka $288.00 per month, starting with April 1977 and ending Decen�ber I977. This $2S$,00 cost of services char�e was established by way of an average cost method of monthly services. Fridley shall render payment to Anolca on a quarterly basis, upon presentation of a proper invoice. ' - ' Joint Pawer� Af;reement : City of F� ri.dley, t4innesota -- City of Anolca, i".innesoea. PC. 2 2. APPROVAL: This agreement shall becom� effective when approved by the Ci�y Council ot Fridley and Che City Co�nr�ission of Anoka. IN TIi� PRES�NCE OF: CITY OI�' FRIDLEY BY MAYOR GITY MAIvTAGER " FINANCE llIIZ�CTOR CITY Qr ANOKA MAYOR CITY MANAGER FINANCE DIRECTOR 25 C e I• � I ��' I �� . - T,o ` . -� •�,-. � . � • . /� , r �7 . �/ �vu•cc-C� ,,- • I`�� /;, � , , � � , CL��/� �r �+� . �'�` � � ' � � . .,.; -� �-d� : �� 25 D �� , � . %n� ��,��?�� G� ��,� -� �_ � _ . �.-� , _ --_ _____--- -------- .� //�� . __ __ . . - - ._ .`_�._,_._._ y...�._..".._.,___"'...__....__.�__ ..Wf.'4'L�.__��_,._...__ .. ._ . . ; i /��2�e%t� � � _ _ ___ _ _ _ ;.. �. `� / 9�..,..:�, -- . o �� _- ----- 9, os - _ _ _ _ _ ... !�'`-��. . ----- _ �� _ _ _ _- • o y�� - - --- -y � � . - _ __ _. - -- _ _ : � a� - C-�C � 00,.,..� _ _ _ , 03 9.� _. _ � 3 . sa j> � DS"�.�.:.. _.• f%3/3 G. f�D �ar�:� _ _ . 304�� - --. . , y9PD _ .. ` / � 9. �D __.._. _-__ . :..� --------_--- ��----��-� ��`- _ -- .��--�� _ - -- -- /.:9 � . �!� . �; � ��' _ _ _ _ _... _-------- ---- . _-- - --- _ ---- ---.- -- __---- --- ---- . _ ---- _ ___ _ --- ----- i ��; _ ______ ,_��---__._-- _ ____---- - ��!� �- � � � . _ _ __. .__ --- - - -�.-�`� __ ___ ��-.�..y f,�....._— - _ _ _ __------------ --.. -- ---- � - � - _ _ : �%-�.�� (�� ..�r�� /s ��...:s, . i/�.� _ _. __ / 7 to � . . � � . - - . . _ _ _ . .:: L�...w ('�.��tin-� � �.�,�..�� sso.,,�... _ _ _ . . o�Jr _._ _ yi_. v � ._ _ ��.� .,d�-�,�- Cv�� . c�.��.��j � ,�s-.�.w;, _ _. o � �, _3:�7! _ . , � • ' � _ ..,.%�.l �� ..�� .�� .. _ _ � �' .t� � - _ _ _ ... �: ,. �--_ . � ;i; _ ,.Y� —_ _ _- --- -. . - — .. _ �. �� _--- __ _ -- - - -- ___ _ __ _ ____--- - --- - ---__. _ . _ . , --- __------- - � _ _ :; ; . � �� k� � �k�� __ . _ - _.:.: �� . /.�OOv ��,�.��-'.� . oo.� i�' �S. P� �.,�.��..�1�,� _ _ :.. ��L� (�� o,�.�.w��-...x.,�� . o.��.� i. �4�' � .. � %� �� -�` �• r� --�;,.��o _. a 7 . !� s� , ;; .. �� __ _._ __ _ . _ ._ __.___._ _ ___ . . __--- _. _ _. . _ --. _ �. _._ ___ . _... _ _ _ ,_ _ - -- --- - - , . _ ______ .,. . ,.: _ _ _ C��'�'„h`� �� /_ 9�- �� _. � ; ,� ,� �,� - - -- - _._ ___-- -- -_.__. - - _ _ _ _ _ ..: _. - ;;/�,�,�ac. �`;/1a.e y! . !/� S�% . _ _ _ -- - - _ . � __ _ ., � � � -- - - �;�:.. �. .rw. � %, �'f� - __---- ---- �. _ _ _ .. _ .- ,,� . . �',��-�� , �l .� �' �. �3 - . .. . . .� r� � • � � _ ... . f��'} �% � o ..: I"�L ��'V� Y•7 ��f/"� �ifi ./l %tt7'LYl4' /l �!J . ��' i (� . �.�..,. ��=t-� /, �977 � � 3� �97�, �� I � � ' , ' �J � 1 �J t , . , � T11L� ACltl;i:t•il:l71 � inadc nnd cutcred i nto, tlii.a l::t day of Ju).y, 1973, by cnd bctwc�n thc City ot P�idlcy, P11nn��ota, (hcrei�iuttcr �� E rcforrcd Lo ns "Fri.dlcy") und tt�e Ci.ty of Aitol<a, tfinnesota, :(licrcin- after rcfcrred to a� "AnoY.a"), � WIT�tiSSIiTH: ' WIUi1:EA5, Anoka lius a computer and it is thc desire of thc parties L-hat Anoka furnish to rridley computcr servi.ces for its Per- petuai L3quor Inventary for thc ycztr coznnencin� Ja1y 1, 1473, and cndin� June 30� 1974; . . - .. NdW, 'lliGttF;FURE, the pArtics u�rcc a� follows: • I. Ser.vice: Anoka agrees to furnish to Fridley computex services for the Fridley Perpetuai Liquor Inve�►to:y for t1�e period July 1, 1973, tilrough June 30, 1974, on tiie following teii�s; • ' � � A. Schedule: The initiaZ report covered by this agreement ohail be for July, 1973, �aith the remainin� reports occurring at monthly intervals from said date. Fridley nhall iurnish to l�noka a21 ot tha inL-ormatiou n.cessary . to �nable Anoka to perfoi�n its obligations pursuant to this agreement. Anoka wi11 delzver to Friciley the complered reports no later than ten (IQ) days ai'ter receipt of cash xegister tunes�, li.sr. of nurchases for month, transfers b��.•PAn storo9.fl�;d �uUsidtary inforn�tio�1. b'. Supplies: Fridley shall provide�or pay for all tab cards end stock paper required for the report fur.ctions neces- . sary to perfornt this agreement. In addition, Fridley shall iurnish cash register paper tape, which sha11 be sent to Anoka as provided by Section a of this agreement. Anoka , shall furnish all other supplies necessary to carry out � the terms of this a�rcement, unlcss,othe n,risc agreed to by • a both partics. ' . 0 0 • � / r � � � � , �' �_��1� " �� POLIC� �EPARTMElVT i� �i� F�, � i7 . . � ' =�!`' '„ City of Fridley '�'�° �, `�%. Minnesota .�,��. TE MAY 20, Z97? nnn JAMES P. HILL n_ CLAIM BY MR. KONALD RHINEHART POLICE REPORT 76-4883 MA,Y l, 1976 AUCTION #63 PROPERTY #10240 NASIM � ME�`JIORAI'VDUM TO SHI m INFO As per your request, I have reviewed the facts regarding the claim of Mr. Ronald Rhinehart. The essential facts are as follows: . On January 23, 1976 the Big Wheel auto store located at ?451 East River Road reported a theft (no pay) in which a vehicle license number was recorded and later determined that the vehicle was stolen. . During this period of time, several stolen autos had been recovered in the Meadow Run area of our City. The patrol division was requested to stake out any future stolen autos located for purposes of attempting to apprehend the guilty subjects. . On January 29, �976 a patrol unit observed a stolen vehicle in the area of 7845 East River Road. This was the same vehicle observed at the Big Wheel store on January 23, I976. The patrol unit called for an un- marked squad. . Due to the high snow banks, it was not possible for the officers to observe the stolen vehicle until they drove into the driveway for positioning. As the officers were in the process of getting into position, two black males (one later identified as Ronald Rhinehart) were observed standing by the vehicle. These subjects simutaneously observed the police. . The police immediately proceeded to the suspects'location. One suspect, later iden�ified as Rhinehart, was on the right side of the vehicle and appeared to be in the process of enterin� the passenger d_oor. The other subject was toward the rear of the vehicle. There were items observed laying on top of the trunk which were later identified as the guitar in question, along with a, (cont.) 26 A Nasim Qureshi May 20, 1977 Page 2 video cassette recorder and an item of clothing. The subjects were immediately placed under arrest. After the Miranda Warning was given, subject Rhinehart elected not to even give i,he officer his name until he talked to his attorney. There was,therefore,little or no conversation between the arresting officers and Rhinehart. . During the search of subject Rhinehart, a loaded revolver was located in his pocket. Keys to the stolen vehicle wer� also located on Rhinehart's person. • . As the stolen vehicle was being attached to a tow truck Rhinehart made a statement, "Hey, I've got my tapes in there". . The vehicle was taken to Anoka County for further investigation and the items lying on the trunk of the vehicle were confiscated by the Fridley Police. . With respect to the items of property, the vehicle was a known stolen vehicle and eventually returned to the proper owner which was a car dealer. A substantial effort was made ta locate ownership of the guitar and recorder through the law enforcement system such as the computer, phone calls, etc. The Sony recorder was eventually determined to have been removed from the Edina Sound of Music during a burglary on November l, 1974. Ownership of the guitar in question has never been determined. Contacts with four music stores at that time revealed that they did not carry this brand in question. Qur investzgator was advised that they felt that this was a mass produced instrument that is sold to some stores for purposes of putting 1oca1 names on the instrument. The music stores indicated that this instrument was relatively inexpensive and would estimate it to be under $100. For this reason, it would be extremely difficult to identify an instrument of this kind. The revolver was later determined to have been used in an armed robbery in Ramsey County. After the Fridley arrest, Rhinehart was tried and convicted of the armed robbery charge. Also after the Fridley arrest, Rhinehart received sentencing �rom the Anoka County District Court regarding a recent conviction of felony theft. It is important to note that Rhinehart was never officialZy charged by the County Attorney's Office with the actual arrest made in Fridley. This decision was provokated (cont.) ,� LJ � � � �J �� Nasim Qureshi May 20, 1977 Page 3 �, on basically three in the minds of th possession of the the suspects were rational, or legal the items sitting subject Rhinehart sentencing in our the vehicle charge Ramsey County was charge. facts. First, there was some question e County Attorney's Office as to whether vehicle could be substantiated since not physically inside the vehicle. This point, would be equally applicable to on the trunk of the vehicle. Second, received five years on his felony theft County. The most he would receive on would be three years. In addition, awaiting Rhinehart on the armed robbery • i � . Being unable to determine the legal owner oi the guitar in question, this instrument was eventually sold at public auciion on May 1, 1976. This would be a to�tal of 93 days from the date of confiscation. The State Statute regarding � this issue permits the sale of these items within 60 days of confiscation. The City Ordinance in effect at that time re�erred to a 90 day period. Either way, the item was ' maintained the legal number of days prior to sale. Mr. Rhinehart was never contacted by the Fridley Police after. his original arrest rega.rding the guitar. It is important ' to emphasize that Mr. Rhinehart was never presumed to be the legal owner of this instrument, any more than he was considered to be the legal owner of the vehicle that � was proven to be stolen�or the recorder,sitting by the guitar,that was proven to be stolen. At no time has bir. Rhinehart or any of his representatives furnished any type ° of documentation to prove ownership o� this insirument. � The guitar was sold to a person identified as Tim Lanoue. This individual is unknown to me or any of the officers to whom I made inquiry. The guitar, like all other items � at the auction are sold by a professional auctioneer to the highest bidder. � Cl ' � Sometime after the sale of the guitar, the police department did receive in inquiry from an individual identifying her- self as Mr. Rhinehart's mother regarding the guitar. tiYe also received a call from one of the Ramsey County prosecu- tors regarding the guitar since he had told Rhinehart he would check on it during the trial at that location. I believe we also received an inquiry from another attorney representinb Minnesota Prisoners. In all cases the indiv- iduals were advised of the status of the guitar,and if ownership was being claimed, the procedure to be followed under State Statute. This process basically was to file a claim with the Fridley Police Pension Association for reimbursement of the moneys receiyed for that particular item. The infor- mation was not meant to be a recognition of legal ownership, however, and was simply information based on State Statute. To this date, no claim has been received, nor proof of ownership provided to the Fridley Police Pension Association ' (cont.) ♦ � 27 Dennis Schneider Councl/rnan Ward 2, Ciry of frid/ey 6190 Stinson Blvd. F�id�ey, Minnesota b5432 57-i -7059 rt?zY 28, .? 977 T0: City Council Nasim C?ureshi Virgil Herric?i ✓ Ton Collins, Fridley Sv.n Enclosed tvith this nemo is a copy of the Code of Eth.ics orc�ir_�,nce I have been vrorY.in� on for some ti�ne. I am requestin�, via this memo, th2t 1�3asi� place the Coc?e oi � thics ordinance on the a�enda of ovs June 6, 1977 meetin� for c�iscUSSion and conezderation for first reac±ing. As you m�,y rec�.11, • a Code of Ethics tyne of ordinance v�as one of � my gozls for this year. The idea received favor2ble editori�,l co��ent in the Feb. 10, 1977 Fridley Sv.n. The concept of insurin� integrity in local govern.�ent is crucial in this period of doubt of all politici=.ns and governments. T,22n;,v cities h2.ve enacted si�ilar orcinances--so�e much rvaaker than the proposed ordinance enclosed, others very similar to the enclosed or�inar_ce. Ry vray of back�rolznd, the ordinance I am pro�osin� was �enerated after revieti:�ing nary similar ordinances which tivere su-�plied to me by the T ea�ue of T.:i?znesota Cities. Tne ordir�.nce �;�hich . I�!oaeled this o�e after is Golden Valle�T� s, althou�h I h2,ve �.a.de si�nificant chan?es to it. Although Virgil has not seen the wording of this ordin�nce, I t4lkea �o him about it �t a neetin� on ItI�.rch 18, 1977. In particular I v�as concernec? abo-:t �eneratin� an ordinance that svould be me�,nin�'ul, no � violate our Ch�.r�ter, and be acce�table to Virgil as regards his private law Practice. You�ll note that the proposal covers the City Council, Commission members, and hi�h level city st�.ff. It does not cover nroject �o�mittee ne:�bers or other staff. I've croa°en Ch�.pter 30 r.ierely because it is presently unused--actually the or�in2nce should fall zt t?�e be�ini�g of the Frid7ey Code. Virgill� perhaps in your �eview of this, 3rotz could recom-�end a nore �,nrro�riate c'_^�,�ter. P�,�innesota Statute ¢71:88 is referenced by the protiosed ordin�,nce-- I've en_closed a cony of tn�.t statute for your revie��. I,et me apolo?ize for presentin� the ordir_2nce to you in t�is �nner-- I had hoped to have it av�.ilable for the ?;:�y conference meetin�;, but due to schedule conflicts that �r��s not the c�.se. Rather thz.n sittin�; on this for another mor.th, I decic�ed to proceed in this mzr�er. The Sun is beir_� co�iec? to insure co�pliGnce �:�ith the Open ;:?ecting Zaz^. � , � � � � Pa�e 2 • � � .� If there are any questions concernin� the meaning or intent of any part oi the proposed ordin�.nce call mP and I'll be �lad to explain--I don� t think tha.-i tvpe of conversation �+vould be in conflict with the Open 1'deetin� i�aw. And Vir�il , if you have a�y comments prior to the June b meetin�, �lea.se do call me. A�yy office nunber is 633-�170 Ext. 5002. Thank you far your consideration. See you all r2onday. a 0 Sin�erely, � /V-� �?u /' Dennis chneider � 2% A . . 27 B . � Charter 3�- Code of Ethics for rlected offici?ls, aPnointed con�?ission and cormnittee �embers, and ton level ci.ty er�nlo�Tees. 30.01 Policy . 1. General Declara+.ion of Policy. It is imper<�tive that . all persons acting ir. the public service not only m�.intain the hi�hest possible standards of ethical condt?c� in t�eir transaction of public bu�iness but th�.t such sta.r_darc�s be � cle�.rl� define@ and knov��m to tre pUblic �.s rrell as to the persons actinv in public serviee. Tre vroper operatio� of der��ocratic �overr�!ent requirec that public offiei�,ls be indepenc�ent, im�arti2l a_nd re�na�!sible to +he people; that governmental deci�ior_s and policies be made in ihe pro�er chanr_els of the �ov— ernMental structure; thst public office not be usec� for �erson�l �ain; and that the pub�ie have conf3_dence in the inteo ity of its.govern?�ent. In a li�e manner, i-� is essential that ton level city employees be inderen�enti, impartial and res�onsive to the people; th�.t administrativ� decisions and polices be r�ade in the public interest; tr2.t city e?�Ployees not use �-their positior_s .for personal gair_; and that the public ��ve confi�erce in ihe inte�r�ty of the ad�::inistra.tive portion of their �overnr�ent. In recognition of these �cz1s ±here is hereby es-�ablished a Code of Ethics for p�_zblie officials, elected and a�?�ointed, paid and/or unraid, and• for tor level city e^�P1oz7ees. The purpose of this Coc�e is to esta�lish ethical �tar_a�.rds oi eonduct for svcll officials and ciiy er:�nl.ot�ees b�T settin` forth tho°e acts or act� on� thzr are i�cor�nZtible �rith the best ir.teres+s of the Cit'y and b�T dire�tin� dis— closure by s�ach persons of pr�vate, financial or o �lzer i�?tereGts in �.tters affectin� the C� ty. The provisions and Purrose of this Coc�e �re herebv declared to be in the best ir_terests of the C�ty of Fridley. r��C c 27 C 2: Responsibilities of publ.ic Office. Public officials are e.gents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the IInited States and the Constitution of this State � and to carry out impartially the laws of the nation, state and municipality and thua to foster respe�t for all . government. They are bound to observe in their official acts the hi�hest etandards of morality and to dischz.r�e faithfully the duties of thezr office. 3. Defir_ition of to� level c� tv em�lovees. As uGed ir_ this ter the term top level city e�ployee shal� incl»�e Chap , tne city �a.n�.ger; the city attorney; the public wor�s director; the na�tu.ralist/resource coordinatior; the park and recreation director; the x�ublic safety director; -�he Fire Cheif; the finance director; ana an�T cit�- eTM�loyee who organizationa? ly reports directly to the city m�.na�e?". 4. Resrionszbilites of tov level citv emrlovees. Top level csty employees im�I��ent the policy deci�ions passec. bJ the City Council. A3 such, theSf are �.�en±s of oublic purpose and serve in their employment solely for the benefit of the public. In order to retair_ confidence °in government integrity, they are morally bound to carry.out all policies �,nd directions of the City -•�ouncil impart�.ally and within the laws of the n.ation, state and municipality. They are bound to observe in their job related acts the hiohest standard of morality and to discharge faith�.illy their jobs in � manner best servin.g the public good. �;. �iedicated �ervice. .All officials of the City, whether elect.ed, appointed, or hired, sha.171 be dedicated to fa];filling their respbnsibilities as described herein. They shall be dedicated to the public purpose end ell " prograns developed by them shall be in the comr�unitv interest. 0 � � . � 30.10 ..,.z, ., . - , 27 D Public officials and city employeeB shall not e�ceed their authority or breach the law or ask others to do eo, and they ehall work in i�.ill cooperation with �other public officiala and employees unless prohibited from so doing by 1aw or by officially recognized con- �tidentiality o� �heir work. Scope of Per�ons Covered. The provisions of the Code of Ethics shall be applicable to a13 members of the City Council and a13 advisory conmissions and comm:ittee members and all top level city employees. Members of city project committees, who are no-t members of commissions, are excluded from the provisions of this chapter. 30.20 Fair and Equal Treatm.en,,�t � 1. Subject to the provisions of Subdivision 3 below, no eouncil member, commis�ion member or comm.ittee menber, while acting as such, shal� partici�ate in the dis- cussion of, or vote on, any issue in which he_or she has any direc� fina.ncial interest or interest which arises from blo�d or marriage relationahips. Subject to the prov�sions of S�.ibdivision 3 below, no top level city employee, while acting as such, shall recommend, advise, or in any manner influence the vote of the city council, ' any commission, or ar�y cor�nittee, on an9 issue in which he, or she ha,s any direct fina.ncial interest which arises �rom blood or ma.rriage relationships. "Direct fina,ncial interest" ie hereby deemed to mean such an interest as would involve a reasonable likelihood of gain havin� a mon� etar�value of substance. "Blood r�lationships" and "Marriage relationships" shall be deened for the pur- � poses hereof to include only immediate family relations�ips of the first degree; spouse, children, mother, father, fe,ter-in-law, mother-in-law, atepfather, stepWother, brother, sister, sister-in-law, and brother-in-law. 2, Sub�ect to the� provisions of Stiibdivision 3 below, if a council member, conmiesion member, committee member II � _ � � , � � � � , � � � � , Pa�e 4 . or top �evel city -employee hae e. financie,l interest in a businese, investmen,t, or�transaction, which ha.� a -�matter pendin.g before the council, commiasion, or co�nnittee of which he or ehe is a member, he or ehe shall not participate in the d�.ecussion as such public of�icial or city employee. In the case o� council members, commission members or committee members, such person or persons sha,ll not vote on the matter. 2� � 3. No person covered �y this Code of Ethics shall take � ar�y official action with respeet to a ma.-bter in whieh he or she has a direct financial interest or persona.l iriterest which arises from blood or ma.rriage relation- _ ships; provided that participa�ion in the decision- making process on his or her behalf a� a private eitizen � ehalb not be proscribed by this Code of Ethics, and pro- vided �.rther th�.i he or she may participate in matters leadinn up to or`prelimina,r�r to official acti.on to the ..._ _ -- — - -- extent--that he or she disclosed an,y such direct financial or persona,l interest as he or she may �,ve in the sa�e and to -ihe extent tha,t he or she has no discretion to make a final co�trolling judgment or vote on the sazne. �isclosure of an,p such �inancial or personal interest shall be made to the council, commission, board,,or committee of which the person is a member, or in the case oi a top level city employee, to the Ci�ty Council, when ihe item appears on the agenda. Such diselosure shall be recarded in the minutes and shall �ecome a natter of pub'! ic record. 4. No person covered by this Gode of Ethics sha.11,�without proper lega.l authorization, disclose confidential infor- mation concernir� the property, government, or affairs of the City, nor ehall he or she uge such informa,tion �o advance the financia.l or other private interests of any person. � 0 � � 1 � � � P��e 5 � . • 5. No person covered by this Coc�e of Etrics s�all c�irectly � or indirect7.y solicit any ��.ft or accept or receive anv ,g3.ft of substance whether in the forr�± of money, services, loan, travel, entertainment, hosPitality, Promise or any other form, under circumstances in vrllich it could be reasona.bly ir_ferre�. that the �ift ��ras intena.ed to influence him or her, or.could reasonably be exnec�ed to influence him or her in the perforTM�a.nce of his or her official duties or was intended .as a re�:r�.ro for an;r official action 'on his or her �rt. � ' L 6. , .�2 . �•"'-"� , �� . 7. � � � , � No council member sha.11 appear in behhlf of another�s private interest before the council, �.r_y committee� commission or a�ency o� the City. FxcePt as specificalls- authorized by Sect� or_ 471: 88 of � the T-''innesota Sta.tutes, no r�erson covered by this Coc�e of �'thics who is at?t?�orized to t�ke p�rt in an�T r�rL�er in makiny any sale, lease or contrac± in his or l�er offic�al capacity slza.11 have a dircct fir_2ncial 11'1'�P3"G'St in that sa1e, le?se or contract or pertion�.11y ber_efit fir_ancially therefro*n. 27 F 30.30 Publi� ?�� sclosure b�� Ci±y Cour_cil 1. V'lithin 30 c�aSTs zfter the ef?ect?ve da-te of th� � Code of Et?Zics e2ch r�e*nber of the Citv Council s?Zall file, as a Furlic record, in the office of the City Clerk, � si�r!ec sta.teMent c�isclosi?�,r�, the follo��,�in��: (1} A list of the T?�.?!?E.'S of �.11 bL?siness corror�t� �ns, �overn.mer_tal a�Mencies, co�r��n� es, firr.ls or �n::rt— r_ersl�ir� or other business F�nternriGes eo�n� bt?sir.es� rv�.th the City of Fridley�or at some locatior_ �vithin '�he City of Fric?le�T ? > � (a) with which.he or she is connected as an eTMrlo3Tee, �� officer, 0��-?1er, director, trustee, partner, advisor, consultant, fiduc3ary (other than as a nor�ir_ee } �or ; : (b) in v��hich he or she ha.s any co�tintiiin� fir_�.nc� al interest, throu�h a Pension or retire�^ent nl^n . I� i� ' � I i � C � � � � , , � I � I , . . Pa�i e 27 G sha.re& income, or otherwise, as a result of � _ .an,y current o'r prior tinployment or business � .-flr professional association, or , (c) tn which�he or,she has any �inancial interest � through the ownership o� stocks, bonds or � other eecurities. ' (2) A list covering the prior three ye�rs of his or her interests in non—homested real property or rights in the same located within the City of Fridley. (3) A list of the names and nature of business of all corporations, partners�ips, companies, firms or �-other business enterpriees with �hich he or she is �connected or hss a. continuing financial interest, as in 30.30=1;, and in whieh one or more other persons e rect by thia Code of Ethics are also • connected flr a3so have a continuing fina.nc�1. interest as in 30.30--1,. This list shall indicate the nane or na.mes of such other person or persons. 2. Each person who files as a ca.ndidate to become a member of the City Council, or� is filed as a candidate for • City Council on the effective da-�e of this Code of E�hics, °'a� the time of filing as a candidate or within 30 days of. the effectizTe date of this Code of Ethics, shall a.lso file the disclosure statenent required by this Section 30.3�• 3, i�ithin 3� days after each anniversary date of an initial filing, �ach person required to make �.ich a filing under this Section 30.3� s�ll file a ne�v disclosure statersent setting forth the information �equired here�ry as of the time of the new statenent. 4� I�Iaterial changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statenent within 30 days after auch interest is obtained or such �hanged position occurs. 3p,31 Fublic Disclosure bv Comaission and Co�^mittee nenbers- 1. i�ithin 30 days after the effective date of this Code of � � Ethics eaeh member of any' commission or corsnittee shzll fi.].e, Qs a public record, in the office of the City 30.32 m - Page 7 � � 27 H Clerk, a eigned statement dieclosing the gollowing: (1) A liet of the names of all businees�corporations, governmental agencies, aornpani�s „ �irma, or partnerships doing business within the City of Fridley � (a) with which he or ehe.is connected ae an � ' employee, officer, owner, director, -�rustee, partner, advisor, consultant, fiduciary {other than as a nominee) or (b) in which he or she Ysas any continuin.g financial interest as a result of ar�y current employment or business or professional association. (2) A list of his or her current interests in non— �.omested real property or rights in the same o located within the City of Fridley. 2. Each person who is appoinied or reappoi.nted to a cammi.ssion or committee, within 30 d�,ys oi such appointment, sha.11 file the disclos�.re statement required by this section 30.31. - 3. n�a.terial changes in financial�interest or in positions held shall be d�sclosed by filing an amended diselosure etatement within 30 days after such interest is ob�ained 'or such changed position occurs. Public Disclosure b to� level citv emplovees, except the Ci A orney 1.� � l�ithin 30 days after the effective date of this Code of - Ethics, and annua.11y therea�ter, all top 3eve1 city employees, except the City Attorney�sha.11 file, iri the office of the City Clerk, a signed statement disclosing the following informa.tion. Tr�ese statements shall be ma3e available to all City Council members, but shall otherwise be deemed confidential; except thz.t this 2 S'�abdivision sha.11 in no way restrict the disenination • of these statement9 bv the City Council or individual -Council members at their discretion. (1) A list of the names of all business corporations, governmental a�encies, companies, firms or partner- ships or o�iher business enterpreses doi.ng business with the City of Fridley or located within the dity of Fridley � I P� t�c ti � , , ?7 I • (a) with �rhich he or rhe ic conr_ected �PS a.n employee, officer, o��rn�r, director, tr^as �ee, partner, advisor, mnsul tant, fic�uciary ( other than as a nomi.nee ) or � (b) in ��ahich he or she h�s anV continuir.� financial ir.+ere�t as a res��lt of ar_y eurrent emnloyment or business or profectiion�� associ�tion. (2) A list of his or her current �nterests in nor_— hor►ested real property or ri._h�s �n the sar,P loca-ted within tre City of Fria].ey. � � (3) A list of the n�.mes a_n� n2.tt?re of ��is�n�ss of all cornor�-�ions, P�.rtn�-�rshi�s, com�a.nies, firm� or other business enter�rises-�Jith which he or slze is cornectec? or h�s a con— tinvin� financial iriPrE�t, �,s in 30:32-1, and in which one or more o-ther ners�r_s covered bv ih�s Code of Ethic� are �lso cor_nectec? or also hzve a conti�uinm financial interest as ir_ 30.32-1. This list s1�a11 inc.ica�e ttile n�.me � or n�.mes of such ot?�er pers�n or persor_s. 2. Each net^�1�� hirecy tor ? evel c� ty e^:n] o�Tee, e� cert the ci-±y attorr_ev, sh�ll �rithi� 3� aaJTs of t?�e hire c��_te� ,, �,nc arLnu�.11y thereafter, file the disclosure st�,te-�ent rec��irec� by tr� s sect� on. 3. ?��terial ch�n�:es in fir�?ncial interest or i» nos�t? on� hel� shall be c�ise�osec? by filin� a�± �,mmen��,d c%is�;los��re state��er_t within 30 r^�r� � f�er suc?� irterer� �_ or�t-��.:�er; or slxch chan�ed nosition occi?rG. �i� �� p'?�?� 1 C �1 � Cl pcii_re 1��T G'-i -}-�r a t i nr?�gZ� . .. _ - 1. ��Tithin 30 c?�v� �.f �er t?�e effectijTe du �e of t1�=�' Cnde c= Ftha.�s. ar_� an�„�,��, +�,Are�ffPr� +1,e �i±�r ^�_crne�T �1,�� file �r_ -tre Of'f 1 Ce of the C� ty C�_er'� � s� ;r_e� s-`.�. te:-� e:�t Q1SCl0�'1�� 't3'?@ fn��Ot'.'it'�r^ ],?'lfOr?"�f10?'?• Z}"!:1.5 �t?'iC'"c'•Y?'t ��al� l�e �^a��e availa'�1 e to G17 Cit�r Council ?"!e"'!ti1C-Y':'� i��t sh�.11 o±?�er�� se �►e C�PP.'"E'� co�!f� �erti^1: e..��„± t�,.-± +,.; � ��i1-.r7�1rZCZ0?'t c113�1 1.?'? 71� 1'r7�t 7�P�;�-7•�r`± i;l�C n'�c�P�^��• �in+� .. of t��.s �+afe-�ent ��r tl,e Ci+t> C�•�?nc�l or �_n�ivic?.»;�� Council �enber� � t t�eir ni�cre�� on. � _ pa�e 9 27 J ' , i II � ' (1) A list of the names of e.11 bueiness aor�orations, governmental a�encies, coxlpanies, firms, or p�.rt- II , nerships o r o ther business enterpriees doin�^ busines9 r with the City of Fridley or locate8 within the : i- ;!.. ' City vf Frid�ey in which he or she has any con— '' tinuir� fir�ancial interes-E as a result of ar� i, . business association or professional association, � except that clients of the City Attorney's private �� law practice �ha11 be exclude8 irom the list, � provided that no other business rela�ionship except that of attorney/client exists. , I� � (2) A list of his or her current interes-ts in non— homested real property or rights in the same � "�.ocated within the City of �ridley. . Zn a,ny matter coming befor� the City Council or any � � � city comnission or committee in which the City Attorney ' ��,� or his or her l�.w firm re�resents ar�Y of the parties _ j appearing before such Cit� Council, commission or co�ittee � � the Cit Attorney sha,ll notify, through the � meeting, Y �' City T�2nager in w�'iting, the City Council or the � cha,irperson of the co�i.gsion or committee of his or her professional involvment ar the involvment of his or � ` her �irm in said ma.tter. This notification sha11 becoLne part of the public record, and sha11 be made at least- ` 7 days prior to the said meetin.g. if notification wi.thin 7 days is inpossible, notification sha.l3. be made � as early as practical. It 8h�11 be the resPonsibility of the City I�nager to ensure that all council menbers or ' commission or co�mittee cha.irpersons receive copies of the City Attorney's vcritten atatement. 3� Any person who is apaointed or hired as City Attorney � ehall, within 30 days of said appointment, and annually -therea�ter, file the•disclosure statement required by � this section. ' Q.. Material changes in financi.la interest or in pro�erty � holdings shall be disclosed by filin.g an ammended dia— ' closure�statenent within 3� ��Ys a�ter euch cha.nge occurs. � � ' _ I � � . �a�e lc; 27 !C 30, 40 Exclusions This Code of Ethics ehall not 'be �onBtrued to require the filing of any informa.tion rtlatin� to a.ny person�s connection with, or interest in, e.ny professional society or any - eharitable, religious, �ocial, iraternal, educational, recreation,al, public eervice, civic or political organization, or any similar orge.nization not conducted as a business enterprise�or governmental a,gency and which is not engaged 2 in the ownership or conduct of such a business enterprise or governmental agency.� Nor shall disclosure be required hereby where prohibited by professional or business associ�tion ethics promulgated by any ste.te agency. 3p, 50 T��ethod of Filin� � The City Clerk shall inform each person required by ihis Code of Ethics to file a disclosure dtatenent of the time and place for filing. The City C1erk,-sha7-1 prepare the neeessary forms for the disclosure statements. The City ' Clerk ehall ma.ke available to the City Council, or individual council members, copies of all disclosure st��ments;:filed . within 14 days after said f�ling. The City Clerk sha.11 notify the City Council whenever a person who is required by this Chapter to file a disclosure fails to do so. . 30.60 Violations . Any violation of the provisions of this Chapter is a . misdemeanor and is subject to a11 penalties provided for such violati::Dns under .the provisions of Chapter 901 of ghe Fridley code. 0 c � ' , ' . � RESOLUTION N0. - A RESOLUTION APPROVING FINAL PLANS AND ADDING PROPOSED IMPROVEMENT OF STREETS ONTO THE EXISTING STREET IMPROVEMENT PROJL-'CT ST. 1977-1, ADDENDUM #2 (CHANGE ORDER #1) . � � 1VHEREAS, the resolution shown in front of the street named below, adopted by the City Council., set the date of hearing on the proposea improvements, as speciiically noied in the Notice of Hearing attached hereto for reference as Exhibit "A"; and WHEREAS, aIl property owners whose property is liable to be assessed with the making of the improvements (as noted in said notice) were given ten (10) days notice by mail and published notice of the Council hearing through two (2) weekly publications of tlie required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice; and WHEREAS, the City of Fridley has an existing contract for Street Improve- �� ment Project St. 1977-Z and St. 2977-2 with N.D.H. Inc. which pxovides that the City can attach atiditional work up to 25a of the original contract price. � ' NQ�V, THEREFORE BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota, as follows: • That the following improvements proposed by the Council Resolution are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: The following improvements as noted in the Notice of Hearing: � Stxeet improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curt� F� gutter, storm sewer system, water F� s�nitary sewer services $ othex facilities located as follows: � Resolution #12-1977 73?� Avenue: Pinetree Lane East to Cul-de-sac (February 7, 1977) That the work involved in said improvements as listed above shall be added onto contract of STREET IDIPROVEhiENT PROJECT ST. 1977-1 AND ST. 1977-2, ADDENDUM #2 BY Cf�ANGE ORDER # 1 The Change Order #1, Street Improvement Project St. 1977-1, Addendum #2 as submitted by the Public Works Director is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ATTEST : CITY CLER�: - MARVIN C. BRUNSELL ' MAYOR - WILLIAM J. NEE �• � � � 28 A 1 _ riEMO T0: Richard N. Sobiech, Public Works Director ' MEMO FROM: Thomas A. Colbert, Assistant City Engineer � DATE: May 11, 1977 , SUBJECT: Change Order #1; Street Imnrovement Project St. 1977-1 F� 2 , Please note the attached change order which is for work under � Street Improvement Project St. 1977-1 �, 2. The change order includes work necessitated by the newly approved Deleier Addition plat (73z Avenue extension). ' The original contract for St. 1977-1 � 2 allows for additions to _ the contract up to a maximum of 250 of the base bid. Tlie at- tached amount is well within that amount, therefore it is requested � the change order be considered and approved a� the Council Meeting of June 6, 1977, so the work can be added to this year's street construction project. ' TAC/jm ' Attachment 1 ' � � ' 1 1 1 1 1 . � ' PU$LIC �ORKS UEPARTh1ENT Engineering Division City of Fridley Fridley, Minnesota N.D.H. Inc. S�100 Industry Avenue NW Anoka, P•4N 55303 May 11, 19�7 Re: CHANGE ORDER #1: Street Improvement Project St. 1977-1 F, 2 Gentlemen: You are hereby ordered, authorized and instructed to modify your contract for Street Improvement Project St. 1977-1 and St. 1977-2 by adding the following ' estimated quantities for a revised addition in price of Twelve Thousand _ Fourty-four pollars and Ninety-four Cents. $12,044.94 As these are estimated quantities, the basis of payment would be on the ae�ual quantity of work performed and the fol�owing unit prices. ADDITIONS Spec. No. Item Quantity Unit Price Amount S-2 5-15 S-17 2104.501 2105.501 2130.501 2211.501 2341.504 2341.508 2341.510 2357.502 2506.522 2531. S Ol. Adjust Valve Box Crushed Rock for Driveway hiasonry Retaining {Vall Remove Concrete Curb �, Gutter Common Excavation 4Vater Class V Aggregate Base Bituminous Material for Mix. ti�'earing Course hiixture Binder Course D9ixture Bituminous A4aterial for Tack Adjust Frame �, Ring Casting B6-�8 Concrete Curb Fr Gutter 1 Ea. 80 Tons 100 Sq.Ft. 20 LF 429 CY 6 M/Gal 277 Ton 25.93 Ton 247 Ton 247 Ton 129 Gal. 3 Ea. 1,121 LF $ 40 . 00 7.50 3.50 1.10 2.15 b.00 3.20 78 . 00 6.50 6.75 0.40 60.�0 3.20 23 B $ 40.00 600.00 350.00 22.00 922.35 36.00 886.40 2,Q22.54 2,679.60 1,667.25 51.60 I80.00 3,587.20 NET ADDITION $1.2,044.94 Original Contract Price $ 359,876.52 Change Order #1 ADD 12,04G.94 REVISED CONTRACT PRICE . . . . . . . $ 371.92i.46 0 ' Change Order #1 St. 1977-1 f; 2 � I � � �I I ' ' -2- - 5/11/77 The completion date for the main contract on Street Improvement Project St. 1977-1 and St. 1977-2 will remain in effect as August 15, 1977, but the completion date for this change order will be extended to September 1, 1977. Submitted and approved by Richard N. Sobiech, Public Works Director on the llth day of Ma , 1977. Prepared by • ' ,,�� ,_ Checked by: �, tih, ,, �= I � � � %�//L' r• ��' �/� L :��`/�i� Richard N. SQbiech, P.E. Public iJorks Director Approved and accepted this llth day of May , 1977 by N.D.H. Inc. zg c N.D.H. Inc. � �/ ' i v �' � ' � U. P sy ritle Approved and accepted this 16th day of May , 1977 by the City Council of the City of Fridley, Minnesota. William J. Nee - Mayor Nasim M. Qureshi - City b9anagex 1 � � � RLSOt,u•rTO;� r�o. - A RESOLU7'lON OItD(iRING i'RI:LIMINAi2Y PLANS, SP[:CIPICATIONS, ANll CS'TIMA'fL'S Or 1'ilt: COS7'S TH}�RL'OF: SANITARY SEWER, WATER AND STOItM SEWER IMPROVE- MEN3' PROJECT SS&SW ��123 BE I'I' P.ESOLVcD, by the Ci ty Counci 1 of the City of Fridley as follows: ].. T}iat it appears in tl�c interests of the City and of the property o�.mcrs affected that there be constructed certain improvements, to-wit: Watermains, Sanitary Sewer Laterals with Service Connections, and Storm Sewer and Appurtenances: 1. Parcels 5400, 5450 2. Parcel 3700 being located in the NW 4 of the SW 4 of Section 2, T-30, R-24 being located in the SW4 of the NW4 of Section 2, T-30, R-24 all parcels abutting 81st Avenue NE between Main Street and TH 47 2. That the Public Works Director, Rzchard Sobiech, City Hall, Fridley, r�I, is hereby authorized and directed to araw the pre).iminary plans and specifi- cations and to tabulate the results of his estimates of the costs of said improvements, incluciing e?�ery iten� of cost from inceptien to completion and all feE:s a�Id expenses inci�rred (or to be incurred) in connection there- with, or i:he fznancing thereof, znd to make a preliminary report of his findings, stating therein �,hether said improveir.ents are feasible and . ttiThether they can best be made as proposed, or in connection ��ith some other improvements (and the estimated cast as recommended), including a1s� a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Engineer shall be furnished to tlie , City Council. ' ADQPTED BY TI�E CITY COUNCIL OF THE CITY OF FRIDLEY THIS : _I ' 1 ATTEST: , 19 7 7. CI'f1' CLEP.I� - D1�11:VIN C. BRU\SLLL � . DAY OF TIAYOR - WILLIAM J. NEE 29 , �.""` . � �' I� � • � � �II ' RESOLUTTON N0. 1977 � 3� i ' A RESOLUTION AUTHORIZING TRANSFERS FROt4 THE PUBLIC UTILITY FUND, THE REGULAR SPECIAL ASSESSMENTS FUND AND TFiE REVOLVING FUPdD TO W-75 WATER WORKS IP�PROVEMENT BOPdD FUND, WATER REFUNDING QONDS OF 1975 �UND, IMPROVEMENT BONDS OF 1963 FUND, AND SPECIAL ASSESSMENTS REFUNDING BONDS OF 1964 '�JHEREAS, Tax levies have been adopted and filed with the County, or transfers into bond funds are necessary to provide the required amount of money in certain improvement bond funds, NOW, THEREFORE, 3E IT RESOLVED, By the City Council of the City of Fridley, meeti ng at a regul ar sessi on on the day of as fol l avs : ' �' ' ' ' � ' � � � ' ATTEST: , 1. That a transfer from the Publi;, Utility Operating Fund to the Water Refunding Bond Fund ��1-75 in the amount of $41,900 for the purpose of eliminating the tax levy for the year 1977, coilectible in the year 1978, is authorized. 2. That a transfe r from the Public Utility Oaerating Fund to the Water Refunding Bonds of 1975 Fund in the amount of $58,300 for the purpose of eliminating the tax levy for the year 1977, collectible in the year 1978,is authorized. 3. That a transfer from the Regular Spec�al Assessments Fund to the Improvement Bonds of 1963 Fund in the amount of $3,367 f or the purpose of eliminating the tax levy for the year 1977, collectible in the year 1978,is authorized. 4. That a transfer from the Regular Speciai Assessments �'und to the Refunding Bonds of 1964 in the amount of $28,068 for the purpose of eliminating the tax levy for th� year 7977, collectible in the year 1978, is authorized. 5. That a transfer of the 1977 collections from S�rvice Connections by the Revolving Fund to the Refunding Bonds of 1964 for the purpose of eiiminating the tax levy for the year 1977, col7ectible in �978, is authori zed. PASSEO AND ADOPTED BY THE CITY COU��CIL OF TNE CITY OF FRIDLEY THIS DAY OF � CITY �CLERK - MARVIN C. BRUNSELL I ' 1977. MAYOR - WILLIAM J. NEE • 30 A 1 PURPOSE , � • FQR �1EETING DEBT SERVICE REQUIREMENTS FOR IMPROVEMENT FUNDS FOR THE YEAR i978 j , . REGULAR TO B� TRANS- AVAILABLE FROM SPECIAL FERRED FROM II ' SERVICE CONNEC- ASSESS- PUBLIC UTILITY FUND REQUIREMENTS TIONS IN 1977 MENT FUND FUND TAX LEVY I, ' W-75 (Water Refunding) $ 41,900 $ $ $ 41,900 � Not ; � l�later Refunding Scheduied , Bonds of 1975 58,300 58,300 � Bonds of 1953 3,367 3,367 I Refunding Bonds ' of 1964 52 ,736 24 ,668 28,068 $156,303 $24,668 $31,435 $100,200 � � � � To be paid by Utility Fund $100,200* To be pai d by Regul ar Special Assessments Fund 31 ,435 � To be paid by Service Connections 24,668 � $156, 303 r* � $28,964.59 of this amoun� wili show as an operatin g expense of the Public Ut�lity operation as interest expense. ' , , � � � � , I��, 1 � � 30 B � 1� T0: F ROM : CITY OF FRIDLEY M.EMORANDUM NASIM M. QURES!-II, CITY MANAGER, AND CITY COUNCIL MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: RESOLUTIQN TRArdSFERRING FUNDS FROt�! THE PUBLIC UTILITY FUND, , TNE REGULAR SPECIAL ASSESSMENTS FUND, AND THE REVOLVING FUND TO VARIOUS SPECIAL BOND FUPJDS ' DATE: T9AY l8, 1977 � �J ' � The attached resolution is similar to the one that has been adopted in each of the past several years. If this resolution is adopted, no tax levies will be ne cessary for any of the imp rovement bond fun ds for the year 1977/78. W-75 Bond Fund and Water Refunding Bond Fund of 1975 we re for the express purpose of providing financing for improvements to the utility system such as wel ls, reservoi rs , etc. Refunding Bond Fund of 1974 provided the financing for substantial improvements in connection with looping water mains. This cost was not 100% assessed against property owners. Bonds of 1973 provided financing for a small amount of sewer main work that was not 100% assessed. � The Public Utility Fund does have sufficient funds to make the required transfer. The funds for the transfer to be made from the Revolving Fund are generated by assessments for servi ce connecti ons. Servi ce connecti ons ' involve assessments to property connecting directiy to a water or sewer main, or lateral assessments on property, which ave not previously been assessed. , A change from prior years' resoiutions is the transfer from the Regular Speci al Assessments Fund. The Regul ar Speci al Assessments Fund's bonds have al l been reti red and there remai ns a substanti al surplus in the fund. � The City Council can use this surplus �or the purpose indicated in the resolution, so long as the bonds have been retired. � MCS:sh Attachments � �� II , . RESOLUTION N0. 1977 - � �� • . A RESOLUTION AU�HORIZIfJG AND DIRECTI�dG TNE SPLITTING OF SPECIAL ASSESSh1ENTS ON L07S 1-5, BLOCK 6, ONAWAY ADDITIOfJ, AND APPQRTIOWItJG INTO LOTS 1& 2 AND LOTS 3, 4, AND 5, BLOCK 6, OP1AtJAY ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequentiy been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessmenis levied against the following described parcel, to-wit: Lots T-5, Biock 6, Onaway, may and shali be apportioned and divided as follows: ORIGINAL PARCEL Lots 1-5, Block 6, Onaway NEW PARCELS APPROVED Lots 1& 2, Block 6 Onaway Lots 3-5, Block 6 Onaway FUND Reg SA W #34 SW #93 S� 1970-4 SW&SS #102 St 1973-1 Re SS #102 Reg SA W #34 SW #93 St 1970-4 SW&SS #102 St 1973-1 Re .SS ;;102 Reg SA W #34 SW #92 St 1970-4 SW&SS #102 St 1973-1 Re SS #102 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF ATTEST: 1977. CITY CLERK - Marvin C. Brunsell ORTGINAL AMOUNT Paid Pai d $ 4,189.04 2,129.Q8 �,755.00 1,627.82 14b.01 9,846.95 Paid Paid $ i,954.64 990.88 737.10 954.02 61.32 Paid Paid 2,234.40 i,138.20 1,017.90 673.80 84.69 9,846.95 MAYOR - WILLIAM J. NEE DAY r . 3l /� ■� ■ . ' ,I ' MEMQ T0: NASIM QURESHI, CTTY MANAGER, AI�D CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY P•7GR/FIN. DIR. I, SUBJECT: RESOLUTION AUTHORIZINr, AND DIRECTIP�G TNE SPLITTING OF � SPECIAL ASSESS��IENTS ON LOTS 1-5, BLOCK 6, ONAWAY ADDITION I . ' DATE. JUNE 1, 1977 I , . � The above lots have been carried as one parcel. They have now been recorded as two parcels at Anoka County. , We are re uestin that the s ecial assessments be s lit. 4 9 p P ' MCB/eh , � � , � ' � . , ' _ i AFPOIiJTf�1EiVT F0� CITY COUiVGIL COi'1SIDERATI�iJ - JU;JE 6, 1977 Environmental Quality Corrunission h1EP1BER RESIGNING TERM EXPIRES Michael D. Paripovich 4-1-79 8200 East River Road N.E. Fridiey, Mn. 55432 APPOINTEE 32 � il � II� MEMO T0: NASIM QURESHI, CITY MANAG�R AND CITY COt1NCIL FRdM: MARVIN C. BRUNSELL, ASST. CITY MGR/FIN. DIR. SUBJECT: POSSIBILITY OF LICENSING PINBALL MACHINES DATE: -MAY 31, 1977 . 3� We have received complaints concerning youngsters congregating � around some of the establishments in the City and causing a nuisance. In this instance it is happening because of the attrac- ° tion of pinball machines at the establishments. I am raising the � question at this time �o determine if there is any interest in licensing pinball machines. We do ilcense pool tables but nat pin- ball machines. � It becomes a matter of whether �he City wants to discourage pinball machines in places such as the 7-Eleven Store. If there is some interest on the part of the City Council regarding licensing pin- � ba17 machines, Virgil and I will draft an appropriate ordinance. MCB/eh Attachment � � � � i � I , 3u A s-iz-�� Fireside Realty called and complained of the mess that the 7-Eleven is attracting due to the pin ball machines that the store has put in. They feel that if the pin ba11 machines where licensed or out of the store there would not be so many kids loittering around. The gentleman said that the police had to be called. He said that kids where jumping on his roof. That there was broken glass all around and that garbage cans were thrown around. The man from Fireside Realty also talked to Darrel Clark. Darrel suggested he call the regional manager of the 7-Eleven. Darrel has previously talked to the regional representative of the 7-Eleven. The rep said if the pin ball machines were going to present a problem with kids, the store would take them out. Last T9ay, 1976, when the Family Fun Center was in existance I had complaints about the noise that kids where making. The people who made the complaints felt it was due to the pin ba11 machines. Also after the Family Fun Center went out of business I had numerous calls about the people who owned the business not paying their debts. T 0 t.iCCwSLiS TO BE APPROVED BY TEIE CITY COUNCIL AT 7'E(�:IIt REGULAR i�1�E:TTN� ON JUNE. 6, 1�77, '�•p� o� • Liccnsc: By: APproved 13y: 35 �eer - On Sale (Temporary) Roi�ert J. Lehner P.obext J. Lehner Jam�s P. iiill asking Fridley Jaycee's � 5725 Polk St. N.E. Public Safety Dir. fee P.O. Box 32004 Fridley, h1n. 55432 waived Fridley, �fi. 55432 For: Softball Tour�ament held at Commons Park Aug. 13th ; 14th. Cigarette Forms Products Co. �riswold Coffee Co. 7521 Commerce Lane N.E. R.T. Steiner Fridley, b4n. 55432 Jim's Country Boy Douglas Brighton 1301 Mississippi Ave. N.E. Fridley, Mn. 55432 Sinclair Marketing Inc. G.R. Wood 6290 Highway 65 N.E. Frzdley, Pdn. 55432 Union 76 Self-Serve James A. Giebel 5695 Hackmann Ave. ,1.E. Frilley, hin. 55432 * * Contingent upon Cer�ificate of Occupancy Food Establishment Jim's Country Boy Douglas Brighton 1301 Mississippi Ave. N.E. Fridley, 1�4n. 55432 Entertainment Caballero Sandwich Saloon 7610 University Ave. N.E. Fridley, hin. 55432 Ground Raund 5277 Cent,al Ave. PI.E. Fridley, Dln. 55432 V.F.{�. Post y63 1040 Osborne Rd. F.ridley, hin. 554 52 Fublic Drinkin�; Bobby G's ?.40 P4ississippi St. N.E. Friclley, h1n. 55432 Robert A. Schroer R.F. McNally Lester G. Orton Robert �1. Gorrell -1- James P. Hill Public Safety Director James P. Hill Public Safety Director Jar�es P. Hill Public Safe�y Qirector James P. Hill Public Safety Director. Steve Olsan Health Inspeci:or James P. Hill Public Safety Director James P. Hill Public Safety Director J:imes P. Hill $12.00 $12.00 $12.00 �12.00 $25.00 �12.00 �12.00 $IZ.00 Ja;nes P. t!ill $300.00 Public Safety Director J � � � � � LIC�:NSLS TO BE APPROVL'D BY THE CITY COUIvCIL AT TftEIR REGULAR b1EETINC ON JUN� 6, ]977. T�Pe o£ License: By: Approved�By: 35 A Rcfuse Nauler Allied Disposal Service Robert J. Younkin Steve Olson $30.00 3714 Girard No. . Nealth Inspector Minneapolis, A1n. 55412 . Browning Ferris S.C. Miesen Steve Olson $120.00 9813 Flying Cloud Dr. Health Inspector Eden Prairie, Mn. 55343 ' Service Station Fridley Standard 5311 University Ave. N.E. Fridley, Mn. 55432 Les's Standard 7680 Highway 65 N.B. Fridley, Mn. 55432 John T. Brown L. Schafiran Union 76 Self Serve James A. Giebel S695 Hackmann Ave. N.E. Fridley, Mn. 55432 * * Contingent upon Certificate of Occupancy Taxicab Columbia Heights Cab 903 40th Ave. N.E. Columbia Heights, Mn. 55421 (Additional cab) John E. LaMont Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldxich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspectax James P. Hill Public Safety Director Temporary Food Establishment � Fr�dley Jaycee's Robert Lehner Steve Olson P.O. Box 32004 5725 Polk St. N.E. Health Inspector � Fridley, hin. 55432 Fridley, rin. 55432 For. Softball tournament held at Commons Park t1ug. 13th � 14th. $60.00 $60.00 $60.00 $ 5. 00 asking fee waived � Vending P�Iachine � Forms Products Company Griswold Coffee Co. Steve Olson $15.00 7521 Commerce Lane N.E. R.T. Steiner Etealth Inspector Fridley, 1�1n. 55432 � Fridley Standard John T. Brown Steve Olson $15.00 5311 Uni,versity Ave. N.E. Health Inspector � Fridley, Mn, 55432 . -2- LIGE:NSIiS 7'0 BE APPROVEb BY •rf��: cl'J'Y C011NCIL AT 7'IIEIR'RL'-GUI,AR h9EETING ON JUNE 6, 1977. — -----�----T--r.� Type of Gicense: �: Approved By: 35 B Vending Machine . Micro Control Company . biartha Anderson Steve Olson $15.00 7956 Ma-in Street N.E. • Health Inspector Frzdley, �9n. 55432 Ra-Mac Welding Robert G. Ramacher Steve Qlson $15.00 112 Osborne Rd. ' Health Inspector Fridley, Mn. 55432 Safetran Systems Corporation Gold Medal Beverage Steve Olson $15.00 4650 btain St. N.E. Vivian Gabeau Health Inspector Fridley, Mn. 55432 Service Station Jim's Country Boy 1301 Mississippi St. N.E. Fridley, Mn. 55432 Tree Removal F, Treatment Allstate Tree Service 7510 Jackson St. N.E. Fridley, Mn. 55432 Amlee Tree Service 4509 t�linnetonka Blvd. St. Louis Park, Mn. 55416 EmPlo�ee Liquor Dispensing bebra Jean Smith 117 9th Ave. N.E. Osseo, Mn. 55369 Sandra L. Jensen 8120 W. River Rd. Apt. 378 Brooklyn Park, hln. 55444 Lynn E. Jansen 2512 Pierce St. N.E. hiinneapolis, Mn. 55418 Suzanne D. Piche 554 Suzanne Ave. Shorevietiv, rin. 55112 Colleen F. Dreti,�s 3423 'I'aylor St. N.F.. Alinneapolis, hin. 55418 Douglas Brighton Francis A. Osborne Donald R. Ley Gaylon R. Amlee Shorewood Tnn Shorewood Inn Shorewood.Inn Shorewooci Inn Shorewood Inn Darrel Clark Building Inspector Robert D. Aldxich Fire Inspector Dan Fluff . Naturalist Dan Huff Naturalist 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. Hi11 Public S:ifety Director $60.00 $25.00 $25.00 $5.00 $ 5.00 $5.00 $5.00. $5.00 I LICENSF;S 7'0 �3E APPROVE� BY Tf(Li CI'I'Y COUNCIL AT Tf1L'IR ItF:GULAR MEE7'ING ON .JU:U� 6, 1977. , ------ ------..-.�-T ' Type o£ I.icense: �: Approved By: 35 C Employee Liquor Dispensing I � Connie 1�9. Kruse Shorewood Inn James P. Hill $ 5.00 7025 36th Ave., Apt. 1 . Public Safety Director ' �I� � Crysta�, Mrt. 55428 . � Jeanne M. Quigg Shorewood Inn James P, Hi21 $ 5.Q0 � 1601 Innsbruck Dr. Public Safety Dixector I, j rtinneapolis, P�9n. 55432 • �� _4 LIC�NSES TO BE APPRC3VEb BY THE CITY COUNCIL AT THEIR REGULAR MEETING ON �C D > JUNE 6, I977 EXCAVATING APPROVED BY John A. Nelson Excavating Co. 660 - 39th Avenue td.E. , Darrel Clark Minneapolis, Mn. 55421 By: John A. Nelson Com. Dev. Adm. GAS SERVICES Riccar Heatzng & Air Conditioning 350 - 109th Avenue Coon Rapids, Mn. 55433 By: James Renner GENERAL CONTRACTOR Earl's Construction & Building Maintenance 1210 Crosstown Boulevard N.E. Anoka, Mn. 55303 By: Earl R. Linder Fetz Construction 321 West lst Avenue Shakopee, Mn. 55379 G.D.T. Builders, Inc. 71 - 66th Way N.E. Fridley, Mn. 55432 Mel W. Larson Company 27I6 Kentucky Avenue South Minneapolis, Mn. 55426 Minnesota Package Products 6922 - 55th Street North North St. Paul, Mn. 55109 Olympia Construction Co. 520 Tronton Street Pd.E. Fridley, Mn. 55432 Patio Village 3918 �Jest 49� Street Edina, Mn. 55424 Quality Pool Service 420 Sibley Street Savage, Mn. 55378 By: Dennis Fetzer By: Gary D. Irene By: ;iel i�. Larson By: Pat Henry By: William Benson By: Rolf Kirkegaard By: Ardy F. Nevtz 'Ib rma' s Remodel ing Co . � Route #1, Box 5551 Lundstrom, bin. 55045 By: Jerry Torma D. F. Vizecky Construction Co., Inc. 2659 Dupont Avenue South Minneapolis, Mn. 55408 By: D. F. Vizecky. William Sandin Plbg. Htg. Insp. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darre]. Clark Com, Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Licenses For Council Gen. Contractors Cont. John M. Welty 7918 - 59th Avenue North New Hope, Mn. 55428 HEATING Air Conditioning Associates, Inc. 689 Pierce Butler Route St. Pau1, Mn. 55104 4 Seasons Sheet Metal Inc. 2964 Jersey Avenue North Crystal, Mn. 55427 Riccar Heating & Air Conditioning 350 - 109th Avenue td.W. Coon Rapids, Mn. 55433 Unique Indoor Comfort 4748 Nicollet Avenue South Minneapolis, Mn. 55409 I�IA50NRY Chas. Wallace Cement Co. 341? - 142nd Avenue N.W. Anoka, Mn. 55303 ROOFING Prof essional Raofing Services 5048 Girard Avenue North Minneapolis, Mn. 55430 SIGN EF2ECTOR Dahlen Sign Co. 7947 Lyndale Avenue South Bloomington, Mn. 55420 � 0 By: John M."Welty By: John B. Matthews By: Ronald B. Buster By: James Renner By: Jerry Henrich By: Chas. Wallace By: Michael Elias, Sr. By: Richard A. Dahlen �5 E Page 2 Darrel Clark Com. Dev. Adm. William Sandin Plbg. Htg. Insp. William Sandin Plbg. Htg. Insp. Plbg. Htg. Insp. Plbg. Htg. Insp. Daxrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. Darrel C1ark Com. Dev. Adm. �i � � � 3G , �� ESTIMATES FOR CITY COUNCIL CONSIDERATION - JUNE 6, 1977 Eugene A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, Minnesota 55391 PARTIAL Esiimate #2, Moore Lake Evaluation and Restoration Study Julian M. Johnson Construction 1229 Osborne Road Snring Lake Park, Minnesota 55432 FINAL Estimate #l, Sewer Repair Project #122 0 � $ 1,64i.00 $a0,873.67 '� � ESTIMATE #2 � � � � May 11, 1977 � Mr. Steven J. Olson Environmental Officer City of Fridley 6431 University Avenue N.E. Fridley, P�innesota 55432 . 36 A � � 545 Irdian Mound Wayzata, Minnesota 5539i 612 473-4224 � ! ) STATEMENT Re: h1oore Lake Evaluation and Restoration Project � Consulting Agreement by and between City of Fridley, Minnesota and Eugene A. Hickok and Associates dated Plarch 14, 1977 � TASK I LAKE SAMPLES 15.5 Hrs. @ $16.00/hr. _ $ 248.00 � TASK II STQRP� SE6JER SAMPLES 12.0 Nrs. @ $16.00/hr. _ $ 192.00 , TASK III WELL SAMPl.ES 1,0 Nrs. @ �16.00/hr. _ $ 1b.00 � TASK V TEMPORARY STAGE RECORDERS � 7.0 Hrs. @ $16.00/hr. _ $112.00 Five Shelters $895.00 � Five Starters @ $20 $100.00 $1,107.00 � �__ ! � � � � TASK VII EVALUATION OF DATA 1.Q Hrs. @ $42.00/hr. _ $ 42.00 1.0 Hrs. @ $3b.OQ/hr. _ $ 36.00 $ 78.00 $1,641.00 I, I•NVES7IGATIONS • REPOR7S • DESIGN • RESEARCH I� S.S. � S.i1. �E121 I � CITY OF� FR:LDLEY ' Engineering Department 6431 University Avenue Frid].ey, Minnesota 55432 � � Date 6/6/77 • i 'i � T0: Honorable Mayor and City Council RE:� Est. PIo. I (F1II�].i , City of Fridley Per. Ending _ May 23i 1977 , 6431 University Avenue N.E. For Julian M. Johnson Construction ,� Minneapolis, Minnesota 55432 . 1229 Osborne Road Spring Lake Park, 'IlV 55432 Contract Item V.C. (14'-16' Deep n ��F�� 't.H. 16.8' OF WORK CONTRACT �'�'ma e Unit �antities Price 315 L.F. �27,99/L.F. 1 $1,521.42/Ea antity i� Est. .,.:.....__.. 315 1 PROGRESS uan t"^'ty o Da �ti? .__._............ 315 1 Anounr To Date 8,816.85 � 1,521.42 , � � � � �. SUI�."1ARY : I � � Original Contract Amount Contract Additions - Change Order Nos. Contract Deductions - Change Order Nos. Revised Contract Amount Value Completed To Date SUB TOTAL Amount Retained (�Q%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR � $ 10,873.80 � ' $ - S 10,873.67 S 10,873.67 � 10,873.67 36 C � I hereby certify that the work performed and t;�e materials supplied to date under terms of the contract for reference project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this es.timate (and the final quantities of the final estimate are correct), and that this estimate is � just and correct and no part of the "Amount Due This Estimate" has been received. �� %,. � .� � ..,� By _ ��rh. .r�„ :, . � - �� D a t e -� `� ^ i � ✓ �tractor`s� thorized Representativ (Title) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or eaamined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FR EY, INSPECTO B � �� ^. � y .� cked B � � ^� � , , Date � / 5 /» Respectfully submitted, CITY OF ID EY �' • , By l • ''' �'" RICHARD N. SOBIECH, P.E. Publir Works Director 36 D May 24, 1977 T0: Public 6Yorks Director City of Fridley 0 REPORT ON FINAL INSPECTION FOR UTILITY PROJECT #122 We the undersigned, have inspected the above mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. :�lso, fihe work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIl�1aTE for the contractor and the one year maintenance bond start from th.e day of the final inspection, that being May 25, 1977. '� . s/� %, �� G L-- r z c t.� �� ,�. � it ��. omas A. Colbert Construction Tncharge �..� im Brindley` / ewer Department Inspector �► ,,� � /�__,l,,��a.,, �'>> r`� ��..:1-�-�z.... �- �iilian Johnson /' �ontractor Rep�sentative , , �