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06/20/1977 - 5700� � � ' ' �� I ' � ' � ' ' ' ' IJ ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JUNE 20, 1977 � .• �/ ' ' � I , ' ' ' ' ' ' ' � ' ' � ' ,__ ___ ___ _. _- -.____ ____ _ ._. 9:' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 20, 1977 The Regular Meeting of the Fridley City Council of June 20, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEM6ERS PRESENT: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEP1BERS ABSENT: None APPROVAL OF MIP�UTES: CONTINUTED BOARD OF REVIEW PIEETING OF JUNE 6, 1977: MOTION by Councilman Fitzpatrick to approve the minutes of the Continued Board of Review Meeting of June 6, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P�ayor Pdee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 6, 1977: MOTION by Councilman Schneider to approve the minutes of the Regular Council P�eeting of June 6, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTTON OF AGENDA: Councilwoinan Kukowski stated she wished to add several items under "Licenses." They were as follows: Approve permit for Fridley Jaycees to sell tickets at the parade for the pancake breakfast; approve license and waive fees for the Teen Center kids to sell pop at the parade; and approve request from the ¢lue Line Club to sell food and beer at the softball tournaments on August 25, 26, antl 27, 1977 and waive tf�e fees. MOTION by Councilman klamernik to adopt the agenda as amended. Seconded by Councilman Fitzpatr�ick. Upon a voice vote, all voting aye, Mayor Nee declared the'motion carried unanimously. OPEN FORUM. VISITORS: Mr. Alian Stahlberg, 305 B9th Avenue N.E., Blaine, appeared befoi°e the Council regarding his interest in buying lots in the City of fridley which are presently tax forfeit, Ne inquired, if the City would consider buying the two tax forfeit lots in Riverview Neights which are both 30 feet wicle, and sell them to him as he has plans to buy the othcr two adjoining lots which are each 25 feet, giving a total width of 110 feet for the four lots. Mr. Stahlberg stated he is aware of the cost of the sewer and requirements for building on the lots which are in the flood plain. Mayor Nee questioned the City Attorney if this could be done. Mr. Herrick, City Attorney, stated, when the Council reviewed the list of tax delinquent properties, it was agreed to take the 40 foot and smaller lots off the list which would ✓permit the City to do what h1r. Stahlberg is requesting; that is, to sell them to someone who could put together a buildable site. Mr. Herrick stated Mr. Stahlberg has been in contact with him and if he could purchase the two lots in question from the City, he has a verbal understanding the two 25 foot lots adjaining could also be purchased. � J �i REGULAR MEETING OF JUNE 20, 1977 Page 2 Mr. Herrick stated, in talking to Mr. Robert Johnson of the County, he felt this , would be agreeable to the County Commissioners and suggested the City check with their local comnissioner, Mr. Mike 0'Bannon, to make sure he understands what the City is attempting to do. He stated Mr. Johnson did not see any legal problems, but would �, have to clear it with the State Commissioner of Revenue. He felt, however, they would agree this is a valid public purpose and see the Council's inteniions. ' Mr. Herrick indicated Mr. Johnson felt the County would sell the lots to the City for ! the appraised price. � Mayor Nee questioned how the selling price would be established. Mr. Herrick felt appraisal may be one way, that is, the City buys from the County and sells them for the same price; or another approach would be for the City to have an independent appraisal. He felt this would be a policy matter and not a legal question. Mayor Nee questioned if it would be necessary for the City to have an auction for these parcels. Mr. Herrick stated there is no requirement they be auctioned. Councilman Fitzpatrick questioned if the City were to release them, if the lots could be acquired from the County only through auction to which Mr. Herrick answered in the affirmative. Mr. Alex Barna, 560 Hugo Street N.E., felt this is one way to get rid of all the 40 foot or smaller lots in the City. Mayor Nee requested Mr. Stahlberg to submit his request in writing so the staff could research it and felt the Council should give some thought to this idea for the Conference Meeting and consider how to equitably handle this matter. Mr. Herrick suggested another decision the Council may wish to make is whether they wish to acquire ownership of all the substandard lots or to acquire them one at a time, when there is some interest shown by a potential buyer. Councilman Fitzpatrick asked the location of this property. Mr. Stahlberg stated if. is the northwest corner of Fairmont and Riverview Terrace. OLD BUSINESS: ORDINANCE N0. 655 - TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY MOTION by Councilwoman Kukowski to waive the second reading of Ordinance No. 655 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. 656 - REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #77-01, BY GARY I PETERSON TO REZONE LOTS 3 AND , K, 1 7�CDl�M��R RR E FR M C- L C L 6USINESS AREA TO R-2 TWO FAMILY DWELLING RfAS /iND'L�TS 'L'L AND 23, BIOCK 2, MEAUOWMOOR TERRACE , FROM C-1 LOCAL 6USINESS AREA TO R-1 SINGLE FAP�tILY DWELLING AREA CONSTDERATION OF A REQUEST FOR VARIANCES [3Y GARY PETFRSON TO ALLOW CONSTRUCTION OF TWO r MOTION by Councilman Schneider to waive the second reading of Ordinance No. 656 and adopt i 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. i , Mr. Sobiech, Public lJorks Director, explained this request is for a variance of the , square footage requirements on Lots 3 and 4, Block 2, Meadowmoor Terrace. One loi: has 9,000 square feet and the other 9,600 square feet, therefore, they do not meet the ! minimum requirement of 10,000 square feet. � A variance is also requested to reduce the rear yard setback to 29 feet, instead of , the required 30 feet. The Appeals Commission considered this item at their meeting on May 10, 1977 and recommended approval of the variance request. ' I � I ' � _� ; i_ _ _ _ __. __ . _ _. __ ___ ._--- ' '� I ' i� � �� REGULAR ME[TING OF JUNE 20, 1977 Page 3 MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variances requested. Secoi�ded by Councilwoman Kukowski. � Councilman Schneider stated the residents on Osborne Road and Meadowmoor Terrace are pleased with the compromise. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT TO ENVIRONMENTAL QUALITY COMMISSION (TABLED 6/6/77)_: Mayor Nee called for nominations to fill this vacancy on the Environmental Quality Commission. MOTION by Councilwoman Kukowski to nominate Mr. Dave Sabistina. Seconded by ' Councilman Fitzpatrick. MOTION by Councilman Hamernik to nominate Mr. Burt tdeaver. Seconded by Councilman Fitzpatrick. There being no further nominations, the nominations were then closed by Mayor Nee. UPON A ROLL CALL VOT[, Councilwoman Kukowski, Councilman Schneider, Mayor Nee, and Councilman fitzpatrick voted for Dave Sabistina and Councilman Hamernik voted for Burt Weaver. Mayor Nee declared Dave Sabistina was appointed to the Environmental Quality Commission by a 4 to 1 vote. NEW BUSINESS: CONSIDERATIO�d Of FIRST READING OF Af� ORDINANCE AP1ENDIN6 CNAPTER 11, SECTION 11.10 AND CHAPTER b03, SECTION 603.01 OF THE FRIDL[Y CITY CODE RELATING TO LIQUOR LICENSE FEES: Mr. Qureshi, City Manager, explained this proposal to change the liquor license fees which is based on two conditions; the size of the establishment and if they have entertainment or dancing. He stated these two items were taken into consideration in the changes proposed in the liquor license fee schedule. Mayor Nee questioned if this materia1 was circulated to the present license holders for comment. Mr. arunsell, City Clerk, indicated this was not circulated and that the present license holders would net be affected until May 1, 1978. Councilwoman Kukowski felt the Council should have an indication from the business community on how the license holders felt abaut this proposal. Mayor Nee questioned if any persons in the audience wished to comment on the proQosal. There was no response from anyone at the meeting. Mr. Qureshi stated the last change in the fees was in 1973 and the change recommended at this time is really not that great. Councilrnan Fitzpatrick stated the question came to his mind, by putting a premium on space, it may have the effect of reducing dining space. If this is so, they would have more of a problem regarding the relation of liquor sales to food sales. Mr. Herrick, City Attorney, stated if an esiablishment were to reduce the size of the dining area and add to the bar area, it is still counted as one figure. P1r. Wyman Smith, 6441 University Avenue N.E., felt the business comnunity should be notified. He felt it is a big mistake to raise fees unless there is a purpose. Ne indicated one place to start in stopping inflation is with government and that it would be much better to decrease the fees instead of increasing them. � � :i J REGULAR MEETING OF JUNE ?_0, 1977 Page 4 MOTION by Councilwoman Kukowski to circulate the proposed fee schedule change to the license holders. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. CONSIDERATION OF APPROVAL OF fINAL PLAT SUBDIVISION P.S. �;77-04 NORTON AVENUE HOMESITES BY WYMAN SMITH BEING A REPLAT OF PART OF LOT 13, AUDITOR'S SUBDTVISION ;89, GENERALLY LOCATED ON THE SOUTH SIDE OF NORTON AVENUE WHERE IT INTERSECTS WITH CENTRAL AVENUE: MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve the final plat, Subdivision P.S. #77-04. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous]y. CONSIDERATION OF APPROVAL OF F � PLAT SUBDIVISION P.S. �E77-03, IWEN TERRACE, A REPIAT 'S SUBDIVISION ,'-`25, GENERALLY LOCATED SOUTH OF 7HE Mr. Sobiech, Public Works Director, explained the location of this plat and stated the Planning Commission recorrmended approval with certain stipulations which were noted at the public hearing. Mr. Sobiech stated the petitioner, at the public hearing, concurred with the stipulations made by the Planning Commission and the ones discussed at the public hearing meeting before the Council. Mr. Sobiech indicated one stipulation, noted as item 8, involved the intention of the petitioner to ensure that future drainage is received in the ponding area together with payment for the outfall piping installed in Polk Street. The cost of the outfall being $2,475.17. Mr. Sobiech stated the Planning Commission recommended approval with the six stipulations outlined at the public hearing and the staff has added stipulations numbers 7 through 11. ,• MOTION by Councilman Schneider to concur with the recommendation of the Planning Comnission and approve the final plat, Subdivision P.S. #77-04, with the 11 stipulations noted on Page 6B of the Council's agenda material. Seconded by Councilwoman Kukowski. Mr. Qureshi, City P�lanager, asked if the City has a temporary easement for a cul-de-sac in order to maintain the road. Mr. Sobiech, Public Works Director, stated it is presently barricaded and comes to a dead-end and the City utilizes the driveway openings on Polk Street for maneuvering their equipment. Mr. Qureshi felt possibly temporary ease+nents should be obLained and the petitioner was asked if this was satisfactory. P4r. Bill Iwen, representing the petitioner, stated they could not take property off the west side for this purpose so it would have to came from the east side. He noted, if 40 feet is taken off the front, it comes to the point where the lot will be unbuiidable. He indicated they would go along with everything, as long as they had a buildable lot. Mr. Qureshi indicated an easement for the purposes of being able to turn the City's equipment would be satisfactory. Mr. Sobiech felt perhaps the outlot area could be utilized for this purpose. MOTION by Councilman Schneider to amend the above motion by adding the additional �, stipulation that a temporary easement be worked out at the end of the roadway for i equipment access. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. � UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared ; the motion carried unanimously. RECEIVING THE PIINUTES OF THE PLANNIN6 COMMI$$ION MEETIN6 OF JUNE 8, 1977: MOTION by Councilman Schneider to receive the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, a17 voting aye, Mayor Nee declared the motion carried unanimously. � ' ' �I � , ' ' N • REGULAR MEETING 9F JUNE 20, 1977 Page 5 C. D. CHANDLER, ZOA #77-03 (REZONING, 64'z & MISSISSIPPI PLACE ON tdEST SIDE OF EAST RIVER ROAD: MOTION by Councilwoman Kukowski to set the public hearing on this item for July 18, 1977. Seconded by Councilman S.chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MORRIS J. LONGERBONE, L.S. k77-05 (LGT SPLIT, GARDENA AND ARTNUR STREET): Mr. Sobiech, Public Works Director, stated this is a request for a 1ot split in the general location of Gardena.and Arthur Streets N.E. The Planning Comnission reviewed this item at the June 8 meeting and recomnended approval. MOTION by Councilman Schneider to concur with the recommendation of the Plann9ng Commission and grant Lot Split n77-05, with the stipulation that the existing structures be removed from the pr•operty prior to the sale of that property. Seconded by Councilwoman Kukowski. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. CITY OF FRIDLEY, SAV r77-05 (VACATION, LAKESIDE & 73RD PLACE): MOTION by Councilman Schneider to set the public hearing on this item for July 18, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 60=1977 - AUTHORIZING THE CHANGING OF THE 1977 BUDGET APPROPRIATIOMS ' WITHIN THE GENERAL FUND SENIOR CITIZEN WELL CLINIC : Mr. Steve Klein appeared before the Council reyarding the request for $1,000 for the Senior Citizen Well Clinic. He stated, basically, the clinic is a preventative � health screening for residents of Anoka Co�m ty. He stated the majority of the senior citizens coming to the clinic may have a minimum fee of $3.50, but no one is turned away if they cannot pay the fee. MOTION by Councilman Fitzpatrick to concur with the reco�nendation of the Planning Commission and approve the request of $1,G00 for the Senior Citizen lJell Clinic. Seconded by Councilwoman Kukowski, Councilman Schneider felt this should be supported, but questioned where the funds would be taken from. ' Mr. Qureshi, City Manager, stated the Council budgeted a total of $8,000 for human ' services; $3,000 under the Community Development Butlget and $5,000 under the � Recreation Budget. He indicated there is only $590 ieft in the Community Development Qudget, but funds are available in the Recreation Qudget. lie felt the Council could � either transfer monies from the Recreation Budget to the Community Development Budget or allocate monies out of the reserve or contingency to the Community Development 6udget. He felt the Council should be aware this is an area they have not provided funding for in the past. MOTION by Councilman Fitzpatrick to amend his motion by including the addition that $410 be transferred from the Contingency Fund to the Community Development Budget to cover this request and authorizing the resolution covering this trar�sfer of funds. Seconded by Councilwoman Kukowski. ! Mr. Klein expiained that a11 Federal assistance ceases at the end of June, 1977 and � they are attempting to raise money to cover the period from July 1, 1977 to January, 1979, at which time, it is hoped United lJay would give its support. He indicated $56,000 was needed for this period and that the County has pledged $22,500. ' They anticipated fees in the amount of �7,500 and are attempting to raise the balance of the money from local industry, municipalities, and area foundations. R[6ULAR MEETIN6 OF JUNE 20, 1977 �7 Page 6 Councilman Fitzpatrick asked if the unit cost could be brought down, if there were more participants. Mr. Klein indicated they are working to expand the facilities of the clinic and felt the costs per examination might go down, if they had more ,� persons participating. UPON A VOICE VOTE TAKEN ON THE AMENDMENT AND MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resolution No. 60-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVTNG THE MINUTFS OF THE CABLE TELEVISION COMMISSION P1EETING OF MAY 31, 1977: MOTION by Councilman Fitzpatrick to receive the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 61-1977 - TRANSFER OF ROADWAY RIGHTS FERTAINING TO NORTN INNSBRUCK DRIVE EXTENSION INTO NEW BRIGHTON TO THE CITY Of NEW 6RIGHTON: Mr. Sobiech, Public Works Director, stated this is a request from the City of New Brighton pertaining to the extension of North Innsbruck Drive into New Brighton. He explained arhen the North Innsbruck area was beginning to develop, there was an agreement whereby the developer would dedicate roadway rignts to the east and at the appropriate time, these roadway rights would be conveyed to the City of New Brighton. Mr. Don Lais, City Attorney for New Brighton, appeared before the Council to explain what New arighton will be doing with the road. He stated the City wishes to install sewer ancl water and pave the street, under its normal policy, which means the City of New Brighton will, by the end of this year, subgrade the elevation of ihe street and fill it w�ith nine inches of crush�d rock base and maintain the crushed rock road for the remainder of 1977 and also into 1978, until a permanent bituminous surfacing, curb and gutter are installed. Mr. Lais explained the City of New Brighton has a policy of constructing the street in this manner to allow settling bef�re the paving is done. He explained any holes developing in the street would be taken care of by New Brighton. He requested the Council consider the resolution, as shown on Page 9B of the agenda material, allowing consent of t{��e easement to New Srighton for road purposes and then a quit claim deed from Fridley to New [3righton. Mh. Nerrick, City Attorney, asked if it would serve the purpose if the City of Fridley, at this time, authorized New Brighton to construct on the easement and when the construction is completed, issue a quit claim deed with the understanding that the ingress and egress would be maintairied at all times. Mr. Lais felt this would be satisfactory as long as they have consent from Fridley to construct on the easement so that they would not be trespassing. MOTION by Ceuncilman Schneider to adopt Resolution No. 61-1977 witf� the words added in the second to the last paragraph, at the end of the 7th line, "upon completion of construction" and also insert another par•agraph, before the last one, to read as follows: "WHEREAS the City of New 6righton agrees to maintain ingress and egress while construction is uhderway, and authorize the Mayor and City Manager to sign the resolution. Seconded �� by Councilwoinan Kukovaski. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRAC7 FOR STREET IMPROVEMFNT PROJECT 1977-10 (SEALCOATING): Mr. Sobiech, Public Works Director, stated two bids were received, one from Allied Blacktop and one from Bituminous Roadways. He noted the City of St. Anthony did not wish to bid because of the situation where a municipality would be competing with private enterprise. I I � � ' � I � � _ __ _ _ . _ �. __.. t_ _ _ _____ _ __ .. � �� REGULAR MEETING OF JUNE 20, 1977 Page 7 Mr. Sobiech stated they checked into the feasibility of the City doing the sealcoating, however, because the City does not have the necessary equipment, he felt, at this time, the bid should be awarded to the low bidder, Allied Blacktop. Mr. Sobiech felt staff should be instructed to check further into the possibility of coordinating future plans with other communities for use of the necessary equipment used in sealcoating. He stated, it appears the City could perhaps become involved in their own sealcoating program, but it should be investigated further. Bid Deposit Lump Swn Bid Alternate Allied Blacktop 3601 48th Avenue North� 5q $ 9,659.78 $9,254.85 Minneapolis, MN 55429 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN 55407 5% $11,154.28 $9,693.60 MOTION by Councilman Hamernik to receive the above bids and award the contract to the low bidder, Allied Blacktop, for the alternate in the amount of $9,254.85. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council agreed to have the staff check further into the options available for the ' City to undertake the sealcoating by use of another City's equipment. RESOLUTION N0. 62.-1977 - APPROVING FINAL PLANS FOR STREET IMPROVEMENT PROJECT ST. 1976-3 ' S.P. 02�7-36-37 65-5 WITH THE STATE OF MINNESOTA PERTAINING TO INTERSECTION Mr. Sobiech, Public Works Director, explained this resolution is to approve the plans for street improvements at T.H. 65 and 53rd Avenue. He stated the plans did not include a certain portion of the improvement that has been discussed with the Nighway Department io�volving construction of two lanes into the Skywood Mall. Mr. Sobiech stated the City has corresoondence from the Highway Department that this could be done and approval of the resolution should be conditioned on the constructiun of two lanes into Skywood Mall. MOTION by Councilman Schneider to adopt Resolution No. 6?.-1977 with the stipulation that a second entry lane be added into the Skywood Mall Shopping Center. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, h4ayor Nee decla�ed the motion carried unanimously. RES�LUTION N0. 63-1977 - EXECUTION OF AGREEMENT #l58430, WITH TIiE STATE Of MINNESOTA, P[RTAI�JING TO STRFET IMPROVEMENT PRO�JECT ST. 1976-3, S.P. 0207-36 65-5 FOR INTER- SECTION IMPROVEMENT T.H. 65 AND 53RD AVENUE: Councilman Schneider noted the estimated amount for the City's share of this street improvement is $27,205.52. I Mr. Sobiech indicated this would be for the street and storm sewer and there would be additional costs for the signalization. Councilman Schneider questioned what control the City has over the plans and costs. ! Mr. Qureshi, City Manaqer, stated the State must obtain approval from the City if � there is a substantial change in plans, and when the bids are received, the Ctty receives a bid tabulatiun so the City can determine whether or not they are in line. Councilman Schneider felt maybe they were giving the State a"blank check" so to : speak as far as the planning. Councilman Fitzpatrick indicated he would agree with Councilman Schneider's comnents since he has heard about this improvement for the last 10 years. MOTION by Councilman Schneider to adopt Resolution No. 63-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� i� REGULAR MEETING OF JUNE 20, 1977 Page 8 RESOLUTION N0. 64-1977 - EXECUTTON OF AGREEMENT #58354 WITH ThIE STATE OF MINNESOTA PERTAINING TO STREET IMPROVEMENT PROJECT ST. 1976-3, S. P. 0207-37 65-5 SIGNALI- ZATION AT THE INTERSECTION Of T. H, 65 AND 53RD AVENUE: MOTION by Councilman Schneider to adopt Resolution No. 64-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousTy. RESOLU7ION N0. 65-1977 - TO ADVERTISE FOR BIDS FOR I_AUNDRY, UNIFORM AND TOWELS: MOTION by Councilman Hamernik to adopt Resolution No. 65-1977. Seconded by Council- man Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee declar•ed the motion carried unanimously. RESOLUTION N0. 66-1977 TO ADVERTISE FOR BIDS FOR TE��JNIS COURT OVERLAY AND COLOR COATING 7ENNIS COURTS: MOTION by Councilman Hamernik to adopt Resolution No. 66-1977. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING SENIOR CITIZENS APPLICANTS WATER RA?E REQATE REPORT: MOTION by Councilman Schneider to receive the report. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council briefly discussed the report and it was agreed to continue with the present program for reducing the water rates for Senior Citizens and receive a report from staff at a later date on the impact this reduction has on the whole utility fund. CLAIMS: MOTION by Councilman Schneider tc authorize pay;nent of Claims No. 153A30 throuyh 1857�2. Seconded by Counc�lwoman Kukowski. Upon a voice vote, ail voting aye, Mayor Nee dec7ared the motion carried unanimously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Secondc:d by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked if Tire City has brought their establishrnent into compliance wi th it�e Ci ty code. Mr. Sobiech stated improvements have been made and approval of the license is recommended Councilman Schneider questioned if a shorter term license could be issued. Mr. Herrick, City Attorney, stated the ]icense could be issued for any lenyth of time the Council wished. He felt, however, if an establishment is not complying with the City code, citations shou1d be issued and handled in this manner rather than reducing the term of the license. UPON A VOICE VOTE TAKEN Of4 THE MO7ION, all voting aye, Mayor Nee declared the motion carried unanimously. OTHER LICENSES: JAYCEES: Councilwoman Kukowski requested a license be issued to the Fridley Jaycees to sell tickets at the parade for their pancake breakfast. Mr. Herrick, City Attorney, determined a license wouid not be needed. � � 100 REGULAR MEETING OF JUNE 20, 1977 Page 9 TEEN CENTER: Councilwoman Kukowski requested a license be issued and the fees waived for the youths from the Teen Center to sell pop during the parade. MOTION by Councilwoman Kukowski to issue a one day street vendor's license to the Teen Center and waive the fees, Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BLUE LINE CLUB: Councilwoman Kukowski stated a request was received from the Blue Line Club for issuance of a license for food and beer to be sold during the softball tournaments on August 25, 26, and 27 and waive the fees. MOTION by Councilwoman Kukowski to issue a license to the Blue Line Club for food and beer to be sold at the softball tournaments on August 25, 26, and 27, 1977 and waive the fees. Seconded by Councilman Fitzpatrick. Mr. Qureshi, City Manager, indicated an application form wouid still be necessary, but the fees could be waived. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Alex Barna, 560 Hugo Street N.E., questioned the request from the Jaycees and asked if tf�at was not door-to-door solicitation. Mr. Herrick stated, basically, any organization that goes door-to-door selling is supposed to obtain a permit. He felt, nowever, the Jaycees would not �e soliciting door-to-door. Councilman Fitzpatrick stated as he recalled, when this was discussed before, residentc of Fridley were being solicited many times during the week from persons outside the City selling various things. Mr. Brunsell, City Clerk, stated what the permit provides is to give the Police Department a list of who is in the City selling. Mr. Tom Collins, Sun Newspapers, questioned if Girl Scouts needed a license to go door-to-door to sell cookies. Mr. Herrick stated not the individual girl, but the organiz_ation needs the license. . Councilwoman Kukowski felt the last: time this matter was discussed, it was the Council's feeiing to try and contro] persons frorri outside the City coming in to solicit. Mr. Barna stated a sign is posted going into Coon Rapids stating "Solicitation by Permit Only," but that there isn't a sign as such cominy into Fridley. ESTIMATES: Weaver, Talle & Nerrick 316 East Main Street' Anoka, Minnesota 55303 For Services RenderPd as City Attorney for May, 1977 Smith, Juster, Feikema, Chartered ]250 Builders Exchange Building Minneapolis, Minnesota 55402 For Services Rendered as Prosecutor for May, 1977 Kenko, Inc, 8275 Central Avenue N.E. Minneapolis, Minnesota 55432 PARTIAL Estimate �l for Sewer and Water Project #121 for period ending June 15, 1977 �� n $ 1,750.00 $ 2,060.00 $24,726.94 MOTION by CounciTman Schneider to approve the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � F: I 101 REGULAR MEETING OF JUNE 20, 1977 Page 10 CONSIDERATION Of CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION AND COMh1ITTEE MEMBERS AWD TOP LEVEL CITY P�PLOYEES: Mr. Herrick, City Attorney, submitted a draft of a Code of Ethics Ordinance based on the discussion by Council at the June 6, 1977 meeting. Mr. Herrick indicated he did not feel it is ready for a first reading, but that it should be discussed. Councilman Schneider noted one of the issues discussed at the last meeting was, if the Council could prohibit another member of the Council from voting, and noted this was included in the ordinance. Mr. Herrick stated, from his investigation, he could nat find any statute to follow in this regard and felt if the Council adopted this, he felt it could be enforced. He indicated he did not find any State law that specifically answered the question one way or another and the City, being a Charter City, has authority to adopt restrictions that are more restf•ictive than State statutes, as long as they are not in conflict. He felt it was a policy decision, if this should be included in the ordinance. Councilman Fitzpatrick stated he felt a councilmember has rights as an individual which cannot, even by a majority, be abridged. Mr. Herrick indicated he did not check this matter with the Attorney General's office and fe1t this could be done, if the Council desired. Councilman Schneider stated under Section 30.30, Item 3 and Section 30.32, Item 3, it was his intention to get a list of associations of the persons covered in the ordinance and not necessarily limited to within the City of Fridley and felt the words "located in the City of Fridley" should be struck from these two particular sections. Counci'man Hamernik questioned Section 30.33, Subdivision 3 and felt the Attorney is required to put down other penple's interest. kie felt this is going farther than is actualTy intended and it is very restrictive so that it will probably end up not being workable at all. He also questioned the interpretation of Section 30.20, Subdivision 5, and felt, if he decides to run again for office, he cannot solicit funds from anyone in the City. Mr. Herrick stated that provision is covered in somewhat different language in the City Charter. He agreed it would be difficult to deter•mine whether soliciting a gift for election purposes would tend to influence the candidate in the performance of his office. Councilman Fitzpatrick felt this would be the Gurpose of volunteer conmittees and they wouldn't be covered by this code. Councilman Schneider stated there is a State law regarding disclosure of funds to the candidates. He indicated the intent i� not to prohibit political contributions for a campaign. He stated there is a difference between that and an out-and-out bribe. Councilman Fitzpatrick stated, as far as receiving gifts for campaign purposes, a record of.the expenditures is kept and the funds do not go into the candidate's pocket.. Mr. lierrick suggested possibly a provision that this shall not be deemed to apply to campaign contributions, providing they meet the requirements regarding campaign contributions may help to clarify this section. Mr. Alex Barna, 560 Hugo Street N.E., felt what the Council is attempting to do with this ordinance is regulate lobbying and indicated he was not in favor of the ordinance as it presently stands; and if it was passed per se, it would be ridiculous. He felt a personal profit to the extent of $100 or more is profit, below that it is lobbying. i � __ _ _ _ ___ � � ' ' � r � ' I i � � 102 �� RE6ULAR MEETING OF JUNE 20, 1977 Page 1� Mayor Nee felt this proposed ordinance should be circulated to the Commission members for their comments. , Councilman Hamernik concurred and indicated he would also like the material distributed to the Charter Commission. He stated he questioned whether the Commission members should be included, as they do not have a binding vote and are only a recommending body. He also was concerned whether some of the Commission members might look at ' this on the basis of whether they wish to continue their volunteer work, and in some way, this ordinance would be constrictin4 them. Councilman Schneider felt the persons on the Commission would only be listing businesses ' they own or work for in the City of Fridley and non-homestead property. He did not feel it was asking too much for them ta disclose what businesses they are associated with in the City. He felt the ordinance should be adopted in the interest of good government. Ne stated the Commission's recor�miendations directly influence the ' decision of the Council and feels the ordinance is asking for some very basic things which may influence the Commission's vote, and, in turn, influence the Council's vote: He did not feel it approp�°iate to subinit the proposed ordinance to the Charter Commission. i ' Mr. Barna stated he is on the Appeals Commission and does not have any problem with the disclosure, but the portion on accepting gifts he felt leaves open a point of harrassment. Ms. Pat Gable stated, as a member of the Appeals Correnission, she does not have any problem with the proposed ordinance. Mayor Nee stated he does not object to circulating this proposed ordinance to the Charter Commission, but did not feel it really applies to them. Councilman Fitzpatrick , stated the ordinance does provide some things that are already provided by Charter. Councilwoman Kukowski indicated she would like to see it. forwarded to the Charter Cornmission. ' Mr. Herrick indicated he would like more specific co�nments from the Council as to what they feel should be changed or revised before the ordinance is redrafted. Councilman Schneider relt he would like to take action on the ordinance prior to Septemoer or October. Councilman Hamernik felt, if the Council feels strongly that somethinq like this is needed, nerhaps the place to have this included is in the Charter. Ne indicated he is not against disclosure, but felt if the Council wishes to implement soinething, it should be wor�able and questions if this ordinance would be. Mayor Nee indicated this item would be discussed at the Conference Meeting next Monday evening. CABLE COMMISSION REQUEST FOR CITY SUPPORT FOR LOCAL PUQLIC ACCESS STUDY: Mayor Nee requested the Council give consideration to this request from the Cable Television Commission. MOTION by Councilwoman Kukowski to receive the request dated June 15, 1977. Seconded by Cour�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilrnan 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 June 20, 1977 adjourned at 11:00 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � ' , FRIDLEY CITY COUNCIL MEETING ' P�EASE SIGN N�IM� ADQRESS ANQ ITEM NUMBER INT�RESTED IN DATE: June 20, 1977 i NAME ADDRESS ITEM NUMBER ' as====�c=xc==�c^coacT�c�ca=a==occm====o-_=c=s===,aacaa;=a�=�a=aooa=aaa�o�aan=oae=�c-=:��a==aa�= � E-' � � '� � 5 � � � _ s � �� °� �--e / � � � S', c ,� 2 � .�� ,r � � ° �� . � � � ��u-� � ' � 7 7.� ,�, �i'!/e Y ,� � o� � � � �-�,-�� / %_3'% 0�� -y 3 � .�",�.� , r . � :, �, i ' / /i .-- �== -- ..�..` , _a�� , t!. � _.r�%�' r � � /13 �► . . � ' 0 0 �sSisS i,�'� ,` . � �� 3� � � , -�-� —" [.-C�� ', C�I�N��-/�(! � . � � , ,> � 1 1 M�l�O i�0: DCPt�RTME�J�I tiE�1f1S Fol1owin� are �che "ACTIOfJS NEEDFD". Please hav? answers back in City Manager ofo �ice by 4ledncsd�y iJoon, June 29, 1977. Th�nl� you. FRII�LCY CITY C011i'ICIL -- REGUL�,� irlECTIC�G — JIINF 2.0, 1977 — 7�a0 P,P'I, PLEDGE OF ALL�G I�lr�lCE : 7:35 P.M. ' ROLL CA1_L: 1 — — ' 1 � ' ' � ' ' ' 1 ' ' t�ll Pres�nt /�f�PRGVAL OF r�1I �UTES ; ��NTINUE� BOARU OF �EVIEW MEETIiVG OF J11NE �, 1977 A�praved F�EGUL�,R �O�Rr I L MEET I NG, .�!JNE �, i��% Approved i'ry��:'��TI�i� 0� ACEfeD�� Added Item under Licenses: Blue Line Club, f�aci iicense for `49�rs Days �P�,� �a�ur�, v � s � To�s ; I�1EER1(�G �CON�IDERf�TI�h OF �TtMS NQT ON AGENDA — 15 MINUTES) h1r•. Alian Stahl�er�, 305 89th Aveni�e N.F. • Sn�a11 tax forfeit lot orz N.tJ. Corner� �f F�tirmont ard Riverv�iew Terrac�. ACTiON Nr��:DED: The City Councii is planning ta discuss th�is at the conference _.�__ __ __..� __.__. �reetin� of June 27. ;Ji�en the gc�nt;en�en suomits his request in writing w� will process it accordin� to the general policy established by the City Council. � REGUL�IR f�EETING, JUNE 20f 1977 1 _._____--- _.___ OLD �11S I ��ESS : CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE (�� THE CITY OF FRIDLEY �COf�7RACTQRS, CHRISTMAS TREE LOTS, .JUf�JK YARDS, BILLIARDS, CARNIYALS, MULTIPLE DWELLINGS, �`�INING AND LAND ALTERATION), ' CITY MAPvAGER ' ' ' ' � �� ' Adopted Ordinance #655 ACTIQN NEEDED: Publish Ordinance in Fridley Sun PAGE 2 „ 1-lA CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZQNING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #%%-OI, BY GARY PETER�ON i0 REZONE LOTS 3 AND �;, BLOCK Z, MEADOWi�l00R TERRACE • FROM C-1 �I�OCAL BUSINESS AREa) TO R-2 �TWO FAMIL'�' DWELLING AREAS) AI�D LOi"S 22 AND 23, BLOCK 2, �`�EADOWMOORE TERRACE FROM �-�. i�OCAL �USINESS AREp) TO R-1 (Siv�� F,�f�ILY DWt�LLI�lG RREA) AND CONSIDERATION OF A REC�UEST FOR VARIANCES BY GARY PETERSON TO ALLQW CONSTRUCTIO��! OF TWO FP,MILY DWELLINGS ON LOTS 3 AND 4, �LOCK 2, MEADOWMOOR TERRACE (1326-?� AND �3�4-46 OSBORNE RoaD),,,,,,,,,,,,,,,,,,,,,�.<<.,,.2-2H 1 CITY t�1ANAGER NGINEERING ' Adopted Ordinance tt656 and approved Variances ACTION NEEGED: Publish ordinance in Fi�idley Sun ACTION NEEDED: Inform applicant of variances approval CONSIDERATION OF APPOINTMENT TO ENVIRONMENTAL QUALITY ' �Oh1MI SS I ON �TABL�ED 6/6/77) � � � � , � � � � � � � � , � . � � � 3 P•1r. Dave Sabistina, 635 Fairmont Street N.E. (78G-3486) appointed 'ITY t�1ANAGER ACTION NEEDED: Inform Mr. Sabistina of his appointment _ —__. __— -- - ' �I � � REGULAR P��ET I f�lG, JUNE 20. 1977 1 ________----- ___ ----__ --- -- — �dEW BUS I PdESS : PAG C 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING ' CHAPTER 11, �ECTION 1�.10 AND CHAPTER 6t�3, SECTION 6�3��1 OF THE FRIDLEY CITY CODE RELATING TO 'LIQUOR LICENSE FEES� ,�, 4- 4 F 'FINANCE � Ordinance approved on first reading ACTIO�y NEEDED: Circulate copy of ordinance to license holders. Put back on next regular agenda for second reading. Advise license holders that the second reading v�ill be on July 11, 1977, and they should be there to give their input if they desire. ' CONSIDERATION QF APPROVAL OF FINAL PLAT StJBDIVISION ' P,S. #77-04 No�TO►v AVE�IUE HOMESITES BY �'�YMAN SMITH BEI�lG � A REPLAT Q� �ART OF �UT 13, AUDITOR�S SUBDIVISIGN �g�, ' GENERALLY LOCATED ON THE SOUTH SIDE OF ��ORTON AVENU� WNERE IT INT�RSECTS WITH CENTRAL AVENUE� , � � � � � � , � � � Fina1 Plat approved �NGINEERING ACTION NEEDED: Inform applicant of Council action ' ' ' CONSIDERATION 0� APPROVAL OF FINAL PLAT SUBDIVISION P,S. #77-03, a REP�.nT o� PARTS o� Lo�rs 3, 4 AND 5 ' AUDITOR�S SUBDIVISION �ZS, GENERALLY LOCATED SOUTH OF THE 1, OO� BLC?CK OF Ll'NUE DR IVE, EAST OF POLK STREET AND ' WEST OF FILLh10RE S7REcT, BY A� T� GEAR�tAN� � � � � � � � � � � Final plat approved arith stipulations ENGINEERIP�G ACTIO?� NFED�D: in'ro�•m applicant of Cc�uncil appr~oval and stipulations � �J ' 5-5A • � : I� ' 1 , RE(�IJL�� MEETI��G, JUP�dE 20; 1977 NE�� JSI��#�SS� (CQidTIP�dUED) PA;E 4 RECEIVIPdG THE i�iINUTES OF THE PLANNING COMMISSION MFETING aF Jurv� 8, 1Q77, , , , , , , , , , , , , , , , , , , , , , , , 7 — 7 U i 'EPdGIPaEERIP�G � ' 2, ' ��V�IN�ERI��G , ' 3. NGINEERING C. D. Ghandler, ZQA �77-03 (Rezoning, 64'-� & Plississippi P1 ace �n !�Jest Si de of East P.i ver Road ). Piann�ii� ; Con�,��iss-ion Recomm�naatir�n: Approve w�th stipulation Ccuncil_r�ction Requir�d: Set public heariny for July 18 Public Hearirg set for July 18, 1977 P,CTIOi` NEEQED: Make arrangements for public hearing Morris J. Longerbone, L.S. #77-05 (Lot Split, Gardena and Arthur �±. ). . . . . . . . . . . . . . . . . . . . . . . . . Plan�;ing C��l;rnission Rerommendation: Approve C�u,�ci� f^c.tion Reru�red: Ccnsideration of recommendation La� split apE,roved ACTIO,V �VE��ED: inform applicant of approval 7 - 7D & 74 � 7R 7D & 7E & 75 & 7T City of Frid1ey, SAV �77-05 (Vacation, Lakeside & 73rd Place. 7F & 7U Plai�ning Commission Recommendation: ApprovE with stipulation Courcil Action Required: Set public hearing for July 18 Set public hearing for July 18, 1977 ACTION NtEDED: Make arrangements for public hearing ' 4. Senior Citizen 1Je11 Clinic, �1,000 Request. . . . . . . . . . 7F - 7K Pl��rinir��q Cor��ission Rec�il�mendation: Approve Coi�ncil /',ctian � E�ru-ii,ed: Consideration of recor�mendation $l,Q<<0 reyuest approved Resol�rtion ~60-19?7 adopted �Ir,F1^,CF �� _'1CTIQ"� �,ECDLU: Co�rplete Resolution �60-1977. Inform Senior Citizen of ENG �"'E�l:? "dG �'e.�u�st upp��oval anc' i;�ake a►°ranger�ents of transfer of j410 from contingency `,'�,j • ' `— - � ' �� '_.� ' R�GULAR MEETI��dG, JUNE 20, 1977 FAvE 5 �dEW BUSINESS (CONTINUED) RECEIVING THE MINUTES OF �HE CABLE TELEVISION I �0��1h1 I SS I ON MEET I NG OF �'�AY 31, 1977 � , � � � � � � � � , , � � � g — $ E , Minutes received ' EtdGINEERIPdG RCTTQfd NEEDED: Fi le for fu�ure reference r � CONSIDERATION OF TRANSFER OF ROADWAY RIGHTS PERTAINING , TO �VORTH INNSBRUCK DRIVE EXTENSION INTO NEW BRIGHTON TQ THE CITY OF NEW BRIGHTON, � � � , , � � � , � � � � , � , , 9 — 9 E � Resolution �61-1977 adopted ENGINEERING ACTIQN NEEDED: Proceed as authorized ' ' � RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMP�?OVE— _ MENT pROJECT 1977 10 (SEa� �OATING), � , , , , , , � , , � � �� ].� � Bid awarded to Allied Blacktop for $9,254.85. NGINEERING ACTIQN NEEDED: Inform Allied Blacktop o�F award ' � CONSIDERATION OF A RESOLUTION APPROVING FINAL PLANS FOR ' STREET IMPROVEh1ENT PROJECT ST, 1976-3, S,P, ��%-36-37 t6�-�) WITH THE STATE OF I��1NNESOiA PERTAINING TO INTER— ' SECTION IMPROVEMENT T�H, 65 �ND 53RD AVENUE � � � � � � � � � � �.1 — ZZ D Resolution ='62-1977 adopted with amendment 'GINEERIyG �iCT�IUN NEEDED: Fimend resoiution as adopted and proceed as authorized � �_ J � � 1 ' REGULAR MEETING, JUPJE 20, 1977 ��EG1 �USI��ESS (CO��dTINUED) Cfl�dSIDERATION OF A RESOLUTION AND EXECUTION OF AGREEP�iEPJT �58430, WITH THE STATE QF MINNESOTA, PERTAINING TO STREET IMPROVEMENT PROJECT ST� 1976-3, S�P, Q207-36 (65-5) FOR INTERSECTIOf� IPfiPROVEMENT T�ii, 65 PAGE 6 AND 53RD AVENUE � � � , � � � � � . � � � � � � � , � � � � , 12 — 12 P Resolution #63-1977 adopted I' ENGINEERING RCTION NEEDED: Have agreement executed and forwarded to State � ' CONSIDERATIQN OF A RESOLUTION AND EXECUTION OF AGREEMENT �Sc�3�� VI TH THE STATE OF M I f�NESOTA PERTA I tJ I NG TO STf2EET IMPRQ�JEMENT P�o��c-r ST. 1975-2, S�P� 0201-37 (65-5) � SIGNALIZATION AT THE INTERSECTI�JN OF T�N, 65 �NB 53RD �vcnii�E ' �E If�G ENGIN� R � , ,,,,,,,,,,,,,,,,,,,,,,,,, Resolution #64-1977 adopted ACTION NEEDED: Nave agreement executed and forwarded to State ' CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR , , , 13 — 13 E 1 �AUNDRY, �N I FORM 'AND TOWE!_S � , � � , , � � . � � . . � . . � 14 — 14 A � Resolution #G5-1977 adopted PURCH�SING ACTIQN �IEEDED: Proceed with bid advertisements � i ' �� . ,� ' � ' ❑ � REGULAR h1EETI�aG, JUf`JF 20, 1977 ��'rJ LUSI��ESS (COfJTI"�!J�.D) PAGE 7 C�JfdSIDERATION OF A RESOLUTION TO ADVEP,TISE FOR BIDS FOR iENNIS COURT OVERLAY AND COLOR COf�TING TENNIS Cou2�s , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 15 — 15 A Resolution �66-1977 adopted !"�r'E��,;��JG ACTI�N ��EFDED: Proceed with bid advertisements � RECEIVING SENIOR CITIZENS APPLICANTS WATER RATE REBATE REPORT , , , , , , , , , , , , � , , , , , , , , � . , , 16 — 16 B Report received IiVANCE ACTION NEEDED: Foilow plan for a year then submit report on impact of program on the City utility fur.ds. � ' � FINANCE � � � �INANCE ' � � �LAIMS � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1% Approved ACTION NEEDED: Pay claims as approved � �I CENSES � � � � � , , � , , , , � � � � � � � � � , � � � � � � ZS — Ig C Added Licenses for Teen Center Kids--alue Line Club. Approved and fee waived AC7ION REEDED: Issue licenses as approved �- ,'� � , � 1 IPlA�ICE �_ � REGULA� MEETING, JUPdE 20, 1977 idEW �3USINESS (CQi��TINUED) PAGE 8 EST I M�TES , , , , , , , , , , , , , , , , , , , , , , , , , , ,19 — 19 B Approved ACTIO"� PlEEDED: Pay estimates as approved , ' CONSIDERATION OF CODE OF ETHICS �RDINANC� ;OR ELECTED OFFICIALS, �1PPOINTED COMMISSION AND COMMITTEE MEMBERS � AND TOP LEVEL CITY EMPLOYEES � , � � � , � � � � � � . � � � , ZO — ZO E Some changes suggested. To be discussed at conference meeting ITY MANAGER ACTION NEEDED: List with itAms to be discussed at conference meeting � ' The Cable Commission Request for City Support for Local Public Access Study was received. �NGINNERING NO ACTION NEEDED ' , ADJOUR�;; >> P.M. 1 � � � I , FRIDLEY CITY COUNCIL - REGULAR MEETING - JUNE 20, 1977 - 7:30 P.P�. 11 � PLEDGE OF ALLEGIANCE: 1 �1 � ROLL CALL: 11 '1 APPROVAL OF MINUTES; � �ONTINUED BOARD OF REVIEW MEETING OF �UNE 6 1977 . ' � �EGULAR �OUNCIL MEETING, .�UNE 6, I977 � 1 I R�OPTION OF AGENDA: � � OPEN FO�UM, VISITORS: , _ � �CONSIDERATION OF ITEMS NOT ON AGENDA 15 MiNUTE�) ' ,' ' � ..---�►_ �. � REGULAR MEETING, JUNE 20, 1977 1 I OLD Bt1S I NESS : PAGE 2 �� CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND , CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY , �CONTRACTORS, CHRISTMAS TREE LOTS, �UNK YARDS, BILLIARDS, CARNIVALS, MULTIPLE DWELLINGS, �`�INING AND LAND ALTERATION). �� 1- 1 A C � ' CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #%%-01, BY GARY � PETERSQN TQ REZONE LOTS 3 AND �I, BLOCK �, MEADOWMOOR TERRACE FROM C-1 ELoca� BusitvESS AREA) TO R-Z �TWO FaMILY DWELLING � AREAS) AND LOTS ZZ AND Z3, BL�GI< 2, �i��1DOWh100RE TEa�ae� FROM C-1 �LOCAL BUSINESS AREA) TO R-1 �SINGLE FAh1ILY DWELLING AREA) AND � CONSIDERATTON OF A R�QUEST FOR VARIANCES BY GARY PETE�SON TO ALLOW CONSTRUCTION OF TWO FAMILY DWELLINGS ON LOTS '� AND [ 4, BLOCK 2, MEADOWMO�R TERRACE (1326-28 AND 1344-46 OsBORNE ROAD)� � � � . � � � � � . � � � � � � � � � . � � � � � . � � Z - Z H , ' CONSIDERATION OF APPOINTMENT TO ENVIRONMENTAL QUALITY , COMMISSION �TABLED 6/6/77) � . � � � . � � � � � � � � � � . � � � � � � 'i i �� . ' 1 REGULAR MEETI��G, JUNE Z0, 1977 (VEW BUS I P�ESS : PAGE 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING �HAPTER 11, $ECTION 11.IO AND �HAPTER 6t�3, $ECTION 603��1 OF THE FRIDLEY �ITY �l3DE RELATING TO �IQUOR �ICENSE FEES. .�. 4- 4 F CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P�S� #77-04 NORTON AVENUE HOMESITES BY WYMAN SMITH BEING A REPLAT OF PART OF LoT 13, AUDITOR�S SUBDIVISION #S9, GENERALLY LOGATED ON THE SOUTH SIDE OF NORTON AVENUE WHERE IT INTERSECTS WITH CENTRAL AVENUE� � � � . � � � � � . � 5 - 5 A CQNSIDERATIO�V OF APPROVAL OF FINAL PLAT $UBDIVISION I I P�S� #�%-O3� A REPLAT OF PARTS OF LOTS 3� 4 AND 5 AUDITQR�S SUBDIVISION #25, GENERALLY LOCATED SOUTH OF � THE I,OOO BLOCK OF LYNDE DRIVE, EAST OF POLK STREET AND I WEST 0� FILLMORE STREET, BY A� T� GEARMAN� ��.� � 1 ,.., 6-6B #� � i ' REGULAR MEETING, JUNE 20, 1977 PAGE 4 1 NEW BUSIPIESS (CONTINUED) RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF .JUNE 8, 1977, , , , , , , , , , , , , , , , , , , , , , , , 7 - 7 U 1. C. D. Chandler, ZOA #77-03 (ReZOning, 642 & Mississippi P1ace on West Side of East River Road). ... . . 7- 7D & Plannin Commission Recommendation: Approve with stipulation 7Q & 7R Council Action Required: Set public hearing for July 18 ' ' 2. Morris J. Longerbone, L.S. #77-05 (Lot Split, Gardena and Arthur St. ) . . . . . . . . . . . . . . . . . . . . . 7D & 7E Planning Commission Recommendation: Approve & 7S & 7T , Council Action Required: Consideration of recommendation , 3. City of Fridley, SAV #77�-05 (Vacation, Lakeside & 73rd Place. �� & 7U � Planning Commission Recommendation: Approve with stipulation Council Action Required: Set public hearing for July 18 , 4. Senior Citizen Well Clinic, $1,000 Request. . . . . . . . . . �F - 7K ' Planning Commission Recommendation: Approve Council Action Required: Consideration of recommendation ' �J �-�.� � , REGULAR �1EETING, JllNE 20, 1977 PAGE 5 1 NEW BUSINESS (CONTINUED) RECEIVING THE MINUTES OF THE CABLE TE�EVISION �OMMISSION MEETING OF MAY 31, 1977� . . � � . � � � � , � . � � 8 - g E CONSIDERATION OF TRANSFER OF ROADWAY RIGHTS PERTAIIVING TO NQRTH INNSBRUCK DRIVE EXTENSION INTO NEW BRIGHTON TO THE CITY OF NEW BRIGHTON� � . . . � � � � . � � � � � � � � 9 - 9 E RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVE- MENT PRO�EC-r 1977-IO �SEAL COATIfVG)� � � � � . � � � . . � . 1� - 10 � CONSIDERATION OF A RESOLUTION APPROVIIVG FINAL PLANS FOR STREET IMPROVEMENT pROJECT ST. 1976-3, S�P. 0207-36-3% (65-5) WITH THE STATE OF MINNESOTA PERTAINING TO INTER- SECTION �MPROVEMENT T�N. 65 AND 53RD AVENUE � . � � � . � . . � 11 - 11 D ' . ,�....� -. �_� �1 , ' 1 � REGULAR MEETING, JUPdE 20, 1977 f�EW BUSIPJESS (CONTINUED) CONSIDERATION OF A RESOLUTION AND EXECUTION OF AGREEMENT �5g4�O, WITH THE STATE OF MINNESQTA, PERTAINING TO STREET IMPROVEMENT PROJECT ST, 1976-3, �� OZQ%-36 C65-5) �OR INTERSECTION IMPROVEMENT T�i�, 65 AND S3RD AVENUE . . � . � � � � � � . . � . � � � � � � � . � PAGE 6 12-12P � CQNSIDERATION OF A RESOLllTION AND EXECUTION OF AGREEMENT 1 #58354 WITH THE STATE OF MINNES07A PERTAINING TO STREET IMPROVEMENT PROJECT ST, 1976-2, S.P, 0207-37 (65-5) � SIGNALIZATION AT THE INTERSECTION OF T�H� 6S AND 53RD AVENUE . , , . � , , , , , , , , , , , , , , , , , , , , , , , , 13 — 13 E � 1 � � 1 �� 1 1 CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR �AUNDRY, �N I FORM A�tD TOWELS � � � . � . . . � � � � . . . . . 1� — 14 A � REGU�R MEETING, JUNE 20, 1977 PAGE 7 NEW BUSINESS (CONTI�UED) CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR TENNIS COURT OVERLAY AND COLOR COATING TENNIS CouRTS , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 15 - 15 A RECEIVING SENIOR CITIZENS APPLICANTS WATER RATE REBATE REPORT � � � � � � � , � � � � � � � , � , , , , � � � � 16 - 16 B �LAIMS � , , ' � � . � � . . . � � � � . � � � � � � . � � � � � 17 LI CENSES � � . . � � � � � � � � � � � � � � � � � � . � � � � � IS - IH C . �,.,..,,� _ I' REGULAR MEETING, JUPJE 20 1977 PAGE 8 1 I�' tdEW BUSINESS (CO�JTINUED) EST I MATES , , , , , , , , , , , , , , , , , , , , , , , , , , ,19 — 19 B CONSIDERATIQN OF CODE OF ETHICS �RDINANCE FOR ELECTED OFFICIALS, �1PPOINTED COMMISSION AND COMMITTEE MEMBERS AND TOP LEVEL CITY EMPLOYEES � � � � � . � . . , � � . � . � � ZO - ZO E � , ' ' ADJOEIR�;; �� _�...�.,.-. ; � ' � ' G �: CONTINUATION OF THE BOARD �JF REVIEW MEETING OF MAY 16, 1977 (JUNE 6, 1977) ATTENDANCE Present were Mayor Nee; Co ncilwoman Kukowski, Councilman Fitzpatrick, and Councilman Schneider; Nasim Qureshi, ity Manager; Mervin Herrmann, City Assessor; Leon Madsen, Deputy Assessor; Walter Mu cahy, City Appraiser; Ferne Insley, Secretary to the City Assessor; and Dave Anderso , representing the Anoka County Assessor's office. Absent was Councilman I' Mayor Nee explained that office to review the infc raised at the meeting hel might have. , � � � �_J ' � � k. is meeting had been continued to allow the assessor's �ation on certain properties on which questions had been May 18, 1977, and to present any recommendations which they MOTION by Councilwoman Kuk wski to approve the minutes of the Board of Review meeting of May 18, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, the motion was carried una�nimously. 2--KENNETH PARLOUIR. 7381 TEMPO TERRACE, LOT 1, BLOCK 2, MELODY MANOR ADDI Mayor Nee mentioned that tlhis was the property on which the owner had not allowed any representative from the as essor's office on the premises in order to make a physical appraisal, so the valuatio�n had to be estimated from the outside. He then asked Mr. Herrmann to state any linformation or make any recorrmendations he might have. Mr. Herrmann said that a representative from the assessor's office had now been ad►nitted to this home and had found that the valuation should have been much lower. He said Mr. Parlour was unable to ttend the meeting this evening, but was very satisfied with Mr. Herrmann's recommendation that the land value of $8,075 remain the same, but that the structure value of $40,030 be reduced to $33,145. MOTION by Councilwoman Kuk wski to accept the recommendation of the assessor's office ' and leave the land value of $8,075 the same, but to reduce the structure value from $40,030 to $33,145. Secon ed by Councilman Schneider. Upon a voice vote, alT voting aye, the motion was carri d unanimously. N0. 3--VIKING CHEVROLIET, 7501 HIGHWAY N0. 65 NORTHEAST; SECTION 12, PLAT 53912, Mayor Nt=� �:xplained that tlhe owners of this property did not feel that the back portion ' of this ��erty was worth'as much or should be taxed at as high a rate as the front portion c,= the property, aind asked Mr. Herrmann if he had any comments or recommendations. ', Mr. Herrmann explained thait the assessor's office had compared other properties in the area which are similar, al'lowing for graduation in the depth differences. Values were computed both at a hi�gher rate for the first 200 feet and a lesser rate for the ' balance of the property, ajnd using an average rate for the entire properties. , The recorrenendation of the lassessor's office was to consider all three parcels the same way as they are used s one total building site, and to use a rate of $.65 per square foot rather than the $.75 per square foot used originally. This would reduce the land value on Parcel 50 from $115,000 to $95,900; the land value on Parcel 4350 from $75,800 to $62,400; and the land value on Parcel 4360 from $34,300 to $26,300, , a$40,500 total reduction. The value of �342,600 placed on the structure would remain the same. ' Mr. Herrmann also stated that it was the recommendation of the assessor's office that the Strite Anderson property should be treated in the same manner and should also be allowed a reduction in valuation, based on a new rate of $.65 per square foot. This would reduce the land valuation from $156,500 to $135,500. MOTION by Councilwoman Kukowski to reduce the valuation on the Viking Chevrolet property from $115,000 to $95,900 on Parcel 2850, from $75,800 to $62,400 an Parcel 4350, and from $34,300 to $26,300 on Parcel 4360. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, the motion was carried unanimously. i �/ k� CONTINUATION OF 60ARD OF REVIEW MINUTES PA6E 2 MOTION by Councilman Schneider to reduce the land valuation on the Strite Anderson Property, Plat 53912, Parcel 2750, from $156,500 to $135,500. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, the motion was carried unanimously. CENTRAL AUTO PARTS Of MINWEAPOLIS, INC., 1201 - 73'Z AVENUE NORTHEAST: LOT 11, BLOCK 1, CEN7RAL VIEW MANOR ADDITiON, PLAT 55341, PARCEL 220 Mr. John Buzik contacted the assessor's office last week as he felt that though the land value placed on his property was agreeable, the structure value was too high. Representatives of the assessor's office physically reviewed various aspects of the structure pointed out by Mr. Buzik. Mr. Madsen said that after looking over the property more closely in regard to the structure and reviewing points brought up by Mr. Buzik, it was his recorr�nendation that the land value remain the same, but that the structure value be reduced from $85,500 to $79,000. MOTION by Councilwoman Kukowski to reduce the valuation on the structure value on this property from �85,500 to $79,000. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, the mation was carried unanimously. MOTION by Councilwoman Kukowski to adjourn the continuation of •the meeting of the Board of Review. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the meeting of the Qoard of Review adjourned at 7:15 p.m. on June 6, 1977. Respectfully submitted, l,/ C�.�1/v�ii�?l.i%�� -PQ/� Patricia Sykes � William J. Nee Mayor Approved: (i `t' � � C ' � � ' ' ' ' ' ' ' ' � ' � THE MINUTES OF THE REGULAR ME[TING OF THE FRIDl.EY CITY COUNCIL OF JUNE 6, 1977 The Regular Meeting of the Fridley City Council of June 6, 1977 was called to order at 7:32 p.m. by Mayor Nee. PLEDGE Of ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F1ag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Counc9�man Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING Of MAY 16, 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 AGENDA: MOTION by Councilman Hamernik to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote, a11 votin� aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Ms. Nelen Treuenfels, a member of the Fridley Police Commission, appeared before the Council regarding replacement of two police officers who resigned 3ast year. She stated the Police Commission certified three persons 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 City Manager, with an opinion from the City Attorney, which states the City does not 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 achninistration, is the physical agility test. Ms. Treuenfels stated 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 not being hired because of the a9ility 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 barrel of the old list. She revie��red the scores obtained by persons on the present list. She advised the top three persons on the list are men and the fourth person is a women. 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 was toid that Fridley wiil never have a woman on their Police force as Mr. Hill wi]l not al7ow it. She stated Mr. Hill ran the agility tests on the candidates. .,F.�.�, n � RE6ULAR MEETING OF JUNE 6, 1977 � 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 the scoring not on an average of what the police department does, but on the best performance of any officer in any one of the tests. Now 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�unission reviewed that test and said ihe scoring is illegal, unfair, there is no possible way any normal woman could pass, 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 running 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 legally meet all the necessary requirements. 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. P1s. 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 attend 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 standards have been followed and the persons have passed an agility test, it would be an entirely different ballgame. Mr. 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 Police Department as he has not passed any test. Mr. Herrick stated he is an Assistant City Manager, has duties outside the Police aepartment 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 she will testify in their behalf. Mr. Herrick stated he understood the passing score was set on the lowest of the 75q of active members within 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 was scored by running seven of the twelve 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 Nee stated Mr. Sprungman 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 fe7t, if ±his was going to be discussed, Mr. Hill should be present at the /^ meeting as serious allocations were being made. V ' �f, t ' REGULAR MEETING OF JUNE 6, 1977 PAGE 3 Councilman Fitzpatrick stated that he was never told that they were scraping the bottom ' of the barrel, that wasn't a phrase that he had heard at all. He had raised a number of questions which he felt were not answered until receiving the communication from the City Attorney this week. He felt the chief question is, when these persons were certified, was the Attorney GeneraT's regulations already in effect. ' � � � � � Mr. Herrick stated he did not know if these regulations were in effect prior to the time of the test. Ms. Treuenfels stated these persons were certified in February, 1976, and the Attorney General's regulations were in effect in August, i976. Mr. Herrick stated the Attorney General's regulations state no one, after the effective date of these ru]es, sha]1 be hired without passing the agility test and other job retated iests 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 official motion indicating this. Ms. Treuenfels stated the original certification, after written and orat tests was in February, 1976. Mr. Nerrick asked if the Commission adopted a standard as to what is pass or fail for the agiTity test. Ms. Treuenfels stated they have met the standards by doing certain things without a certain iimit of time. �Councilman Hamernik felt there were seriaus allocations and Mr. Hill s{iould have the opportunity to respond, Ne stated he would ]ike 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 not know if this would be possible as she was going into the hospital next week for heart surgery. Mr. Qureshi felt it was a legal question. He stated the appointing authority cannot make the appointment ' unless these persons have met certain standards. He stated his information is that the test given by the Police Department was not acceptable to the Cornmission. 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 Council 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. ' � � � � I� ' ' Ms. Treuenfels stated, at the Conunission meeting, they voted to certify the top three so that one could be hired. Mr. Qureshi stated, unless the test is approved by the Comrrission, it is not a legal test. Ms. Treuenfels felt it was an illegal test; Mr. Hill 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 impossible. Mr. Herrick questioned if there were any minutes,since he wrote his opinion, showing a majority of the Comnission 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 Co�renission stating these persons met certain standards and have passed the agility test before they are eligible for appointment. Mayor Nee suggested to Ms. Treuenfels she try to meet wi±h members of the Comnission so official action can be taken regarding certification on the agility test. k ,�. I � �.n REGULAR MEETING OF JUNE 6, 1977 ;i PAGE 4 Ms. Treuenfels stated she will attempt to contact the other members of the Commission and obtain such a statement. PETITION #9-1977 IN FAVOR OF REZONING HYDE PARK AREA: Mr. Alfred Gabel, 5947 2Z Street 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 voting 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. Pts. Lucille Calguire, 6008 2nd Street N.E., stated she has improved her property, which she purchased in 1968, and has also bought proper±y at 5780 and 5790 2%Z Street N.E. and is making improvements 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 was only fair the City do the same by her. Mayor 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 (BICYCLE, DOGS, ENTERTAINMEfJT : MOTION by Councilwoman Kukowski to waive the second readingbf Ordinance No. 650 and adopt it on the second reading and publish. Seconded by Councilman Schneide�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 651 - AMENDING CHAPTER 18 "CONTRACTORS," SECTION 18.03, "REQUTREMENTS": M4TION 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 LOCATED AT 5801 6TH STREE7 N.E.: MOTION by Councilman Hamernik to waive 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 PdO. 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 unanimousiy. ORDINANCE N0. 654 - TO RFPEAL OLD CHAPTER 302 OF THE FRIDLEY CITY CODE, ANIPIAL CONTROL AND TO ESTABLISH A NEW CHAPTER 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. 61 �. � , ,; , C' L_ 7 ' � � � ' , I ' I , �I 1 ?� j �. ' � ' REGULAR ME[TING OF JUNE 6, 1977 NEW BUSINESS: PAGE 5 CONSIDERATION OF FIRST READING OF APJ ORDINANCE TO AMEND CNAPTER 11 OF THE CITY CODE Of THE CITY OF fRIDLEY CARNIVALS, CHRISTPIAS TREE LOTS JUNK YARDS AND CONTRACTORS : MOTION by Councilman Fitzpatrick 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 unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF TNE CITY CODE pF TNE CITY OF FRIDLEY BILLIARDS : AND CONSIDERATION OF FIRST READING OF AN ORDINANCE TO At�END CHAPTER 11 OF THE CITY CODE OF THE CITY OF fRIDLEY MULTIPLE DWELLINGS : AND CONSIDERATION OF FIRST READINf OF AN ORDINANCE AMENDING CHAPTER 11, "LICENSES" PERTAINING TO MINING PERMIT FEES AND LAND ALTERATION PERMIT 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 Councilman Hamernik. Upon 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. AGENDA CHANGE: MOTION by Councilman Fitzpatrick to waive the order of thP agenda and cor;sider the item relating to the Islands of Peace Project. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PRESENTATION OF THE PLANS FOR THE ISLANDS OF PEACE PROJECT: Mr. Jim Langenfeld, President of the Islands of Peace Foundation, introduced Mr. Dunwoody, the architect for the project. Mr. Dunwoody presented a slide presentation oUt]ining the accomp7ishments to date with the Islands of Peace project and some of the projects planned for the future. He stated the principal entrance to the Islands of Peace will be on Chase's Island which is owned by the City. A reception center and parking lot is proposed for construction. He stated a small shelter is currently under construction near the north end of Chase's Island. The plan cails for developing Chase`s Island into two areas, the south for picnicing and the north for overnight camping. ' In Mr, Dunwoody's presentatian, 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 Hodges 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 ar�;i the Islands of Peace Foundation with a great deal of volunteers cooperating ir, �:��a_ project. � ' ' Mr. Durnvoody stated with ;;�� current grant from the State, riverfront will be acquired, and the reception buildirg and parking lot constructed. Mayor Nee stated a meeting is scheduled for tomorrow night with Mr. Bill Atkins of the State Pianning Agency regarding this porjeci. Councilman Hainernik questioned the construction of the building on the Hayes lots. � � , REGULAR MEETING OF JUNE E, 1977 PAGE 6 Mr. Dunwoody stated these plans are very preliminary and before proceeding with the project, more complete plans would be developed for the Council's approval. Mr. Dunwoody stated the only thing under construction at this time is the 20 x 20 foot shelter which fits in with the natural theme of the Island. Mr. Qureshi thanked Mr. Dunwoody for all his efforts and stated the reception center building should be as vandelproof 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 vardalism problem and will take this into consideration in plans for the reception center building. Mayor Nee thanked Mr. Dunwoody 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 5tate Legislature, and the language of the bill as it relates to the �50,000 matching funds. Mr. Herrick suggested this item might be discussed with the State representative as to whether services will be counted towards the $50,OOU and whether consideration will be given to work previously done. Mr. Langenfeld asked if 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 stated 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 labo�. 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 Fitzpati°ick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R. FLATEN, ZOA #77-02, 176 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 �l, 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 Cor�nission and approve $200 for the Teen Center. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRTDLEY UNITED METHQDIST CHURGH, SAV #77-04: t�OTION 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. !k REGULAR MEETING OF JUNE 6, 1977 GARY PETERSON VARIANCES; 1326-1328 AND 1344-1346 OSBORNE No action was taken at this time until after the rezoning is considered. RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF APRIL 27, 1977: PAGE 7 MOTIQN by Councilman Schneider to receive the minutes of the CATV Commission Meeting. 5econded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES Of THE CHARTER COMMISSION ��EETINGS OF FEBRUARY 15, 1977; MARCH 15, 1977; AND APRIL 19, 1977: MOTION by Councilman Fitzpatrick to receive the above minutes of the Charter Commission Meetings. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF MAY 17, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Po7ice Civil Service Commission Meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. N Of APPROVAL OF FINAL PLAT SUBDIVISION P.S. #77-02, A REPLAT OF MARXEN Tunrrnc c nnn�vrni. r_rrtironi i v i nrnTrn rni TuG 1�nn ai nrk hG 11NflNfllll;A CTRFF Mr. Sobiech, Public Works Director, explained the location 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 requesting 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 improvement of 73'z Avenue resulted in a change in the street pattern. Therefore, it is Mr. Marxen's conter.tien that action by the City has 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 h1r. Sobiech 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. Nerrick, City Attorney, felt there was some rationale for collecting the park fee only on one lot because, if it had not been for the City's action, it would not be necessary for Mr. Marxen to proceed with this replat. MOTION by Counci]man Schneider to approve the replat of Marxen Terrace, P.S. #77-02, with a 30 foot minimum setback for the lots. Seconded by Councilwoman Kukowski. Councilman Namernik questioned why this was not handled as a lot split. Mr. Sobiech stated the legal descriptions for lot splits must be very simple and for these particular parcels, it becomes very involved. Ha 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 THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counciiman Schneider that the piatting 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 Nee declared the motion carried unanimously. � REGULAR MEETING QF JUNE 6, 1977 . �� PAGE 8 CONSIDERATION OF REAPPROVAL OF ROTTLUND OAKS P.S. #76-07 (APPROVED JANUARY 3, 1977): Mr. Sobiech stated this is a case where the plat was not recorded in the 90 day period covered by the ordinance because of liiigation 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 niinimum lot widths. MOTION by Councilman Fitzpatrick to re-approve Rottlund Oaks P.S. #76-07. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATIOPd OF REAPPROVAL OF CENTRAL TOWNFIOUSE ADDITION,_P.S. ,�76-08 CONSIDERATION OF APPROVAL OF TOWNHOUSE PLANS FOR CENTRAL TOWNHOUSE 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 throughout 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 property line and 34 feet from the existing dwelling. Councilman Schneider stated he wa� concerned about them building closer to the existing dwellings. Mr. A1 Hoffineyer, architect 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. Mr. 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. Councilman 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 building 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. Hoffineyer 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 Mr. 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 townhauses 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. ,�,,,-. 7 F; REGULAR MEETING OF JUNE 6, 1977 PAGE 9 Councilman Schneider questioned if the landscaping and fencing would be completed as each stage is constructed. Mr. Hoffineyer indicated this would be done. MOTION by Councilman Schneider to reapprove Central Townhouse Addition P.S. ��6-08 and approve the Townhouse Plans for Central Townhouse Addition with the stipulation that the setback be 30 feet from Central Avenue and correspondingly increase the side yard setback from the east property line from 25 to 30 feet; further, that the landscaping be worked out with the City staff. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REAPROVAL OF REAL ESTATE 10 ADDITIUN P.S. �'76-11 (APPROVED DECEMBER 20, 1976 : MOTION by Councilman Schneider to reapprove Real Estate 10 Addition P.S. #76-11. Seconded by Councilwoman Kukowski. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. GONSIDERATION OF REQUEST fOR BUILDING PERMIT FOR GODFATHER PIZZA, 7910 UNIVERSITY AVENUE N.E., PRIOR TO 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. He 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 certificai:ion of occupancy or by September 15, 1977, whichever comes firsc. Mr. Sobiech stated another consideration would be the park fee and when payment should be made. Mr. Schroer 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 building permit was issued. MOTION by Coancilman Namernik to authorize the issuance of a building 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, al] voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATON OF APPROVAL OF LICENSES FOR TIRE 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 problen. ' MOTION by Councilman Fitzpatrick to table this item for two 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. , �I ' � ' CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMEN7 AT 6170 KERRY LANE 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 recorrrnended it be approved, MOTION by Councilman Schneider to approve the encroachment. Seconded by Coarocilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FRIDLEY JAYCEES REQUESTS REGARDING STATE SOFTBALL 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. J REGULAR MEETING OF JUNE 6, 1977 �� r PAGE 10 Mr. Qureshi stated the Park Board suggested the Jaycees pay for the overtime necessary in connection with these events. MOTION by Councilwoman Kukowski to approve this request from the Jaycees and waive the fees. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIOERATION OF A CONTRACT FOR COMPUTER SERVICES (JOINT POWERS AGREEMENT BETWEEN THE ..rT„ ,.� �.,,,,,� �.,� ,.._.. .._ _�__. __ _ —_ Mr. Brunsell, City Clerk, stated he had been contacted by the City of Anoka and they requested two 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 Kuko�vski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECONSIDERATION OF CLAIM OF MR. RONALD REINHARD REGARDING GUITAR: Mr. Qu�esh;, City 61anager, 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 additiona7 information was submitted to the City Council. Mr. Qureshi sta±ed, knowing the facts as they understand them, he would recommend denial of the request for the cla�im. 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. DISCUSSTON RE6ARDING CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION AND COMMITTEE MEPIBERS AND TOP LEVEL CITY EMPLOY[ES: This item is to be discussed later in the meeting. 58-1977 - APPROVING fINAL PLANS AND ADOING PROPOSED IMPROVEMENT OF STING STREET If4PROVEPIENT PROJECT ST. 1977- AND ST. 1977-2, ADDENDUM #2 , -,.,. �.,.-..,.� �... -- —. MOTION by Councilman Schneider to adopt Resolution No. 58-1977. Seconded by Council- waman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �,,.�,. i ��; � � I ' REGULAR MEETING OF JUNE 6, 1977 PAGE il SOLUTION N0. 5b-1977 - ORDFRING PRFLIMINARY PLANS, SPECIFICATIONS AND ESTTMATES OF e � MOTION by Councilman Schneider to adopt Resolution No. 56-1977. Seconded by Councilman Hamernik. Upon a voice vote, aiT vuting aye, Mayor Nee declared the motion carried , unanimously. CONSIDERATION OF A RESOLUTIOPJ AUTHORIZING TRANSFERS FROM TI'E PUBLIC UTILITY FUND, THE P.EGt1f_AR SPFCIAI ASSFSSMFNTS FIINfI ANfI TNF kFlf(ll VTPJf, FIINfI Tfl IJ_7F WATFR Wf1RKS TMPR(1VFMFNT ' P40TION by Counciiwoman Kukowski to adopt this resolution. Seconded by Councilman ' Hamernik. Mayor Nee questioned the transfer of monies from another Special Assessment fund, or if it could be transferred into the General Fund for other capital improvements. ' Mr. Qureshi, City Manager, stated the staff would research this matter further and report back to the Council. MpTION by Councilwoman Kukowski to table consideration of this resolution. Seconded ' by Councilman Hamernik. Upon a voice vote all voting aye, Mayor Nee declai^ed the motion carried unanimously. RESOLUTION N0. 57-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ' .... _.,... ,, ,, ,,,, ,,, ,,,, ,,,,, ,,,,,,�, ,�„ � �, „�,,, �.,�� .., 4 AND 5, 6LOCK 6, ONAWAY ADDITIOPJ: � MOTION by Counciiman Hamernik to adopt Resolution No. 57-1977. Seconded by CounciT- woman Kukowski. Upon a voice vote, all voting aye, PQayor Nee declared the motion � carried unanimously. APPOINTMENT - ENVIRONMENTAL QUALITY COMMISSION: Mayor Nee requested the background information on persons interested in serving on ' this Cor�nission. MOTION by Councilman Hamernik to table for two weeks. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nae declared the motion carried unanimously. ' CLAIMS: MOT.ION by Councilwoman Kukowski to authorize payment of Claims No. 736F22 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: � Councilwoman Kukowski stated she has had several complaints about the pinball machines and requested a recommendation from staff on methods of controlting their use. MOTION 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 deelared the motion carried unanimously. LICENSES: ' MOTION 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 deciared the motion carried unanimousiy. � , � I , � � REGULAR MEETIPIG OF JUNE 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 M. Johnson Construction 1229 Osborne Road Spring Lake Park, MN 55432 FINAL Estimate �l, Sewer Repair Project �'122 $ 1,641.00 $10,873.67 t� PAGE 12 MOTION by Councilman Hamernik to approve the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting a,ye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION AND COMMITTEE MEMBERS AND 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 oi°dinance with the Council and discussion fallowed. 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 ordir.ance may conflict with the Charter, as far as imposing 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 cumbersbmeness 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 less 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 nat go much beyond that. Under Section 30.30, Item 4, regarding material changes in financial interest, Councilman Hamernik 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. Gouncilman Schneider stated a number of the ordinances he reviewed required disclosure onty at the time of filing for office. He stated the Golden Valley ordinance was probably the most coniprehensive. Mayor Nee felt the first portion regarding "Declaration of Policy" should be eliminated. , ,,._� .,. [:� REGULAR MEETING OF JUNE 6, 1977 PAGE 13 ,I ' Councilwoman Kukowski felt she would rrefer something more �eneral and didn't feel stocks, bonds and securities should be listed. She felt the more details there are, the less ;■ effective the ordinance would be. Councilwoman Kukowski questioned what the C9ty wou]d do if a person fails to file a disclosure. I� Mr. Qureshi, City Manager, stated he has talked with 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 Monroe 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 wouTd enforce such an ordinance. Councilman Schneider felt it would be based on a person's honor. Mr. Hei°rick, City Attorney, stated the ordinance does say that failure to comply is a misdemeanor. 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 ordinance, but did not know if it was broader than the Charter or State Statutes. He felt there was i 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 ca me to his mind. On page 2, Item 3, regarding the "Definition of top level city employee," he questioned the wording "and any city employee who organizationally reports directly to the City Manager." He was concerned if other people other than department heads should make this report, or if this language should be striken. Counci7man Schne9der stated he was concerned 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 l. Counciiman Schneider stated it is meant to imply while acting in an official capacity. i, Mr. Nerrick asked the Council if they wished to prevent a Commission or Councilmember from participating once they have disc]osed. He felt their comments can be judged once it is know they have a biased interest. r I � 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. Councilman Fitzpatrick felt again it wouid be difficult to know. Under Section 30.20, Item 6, Mr. Herrick interprets this that a Councilmember could not appear before a Commission when some 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' _ __ _ . � REGULAR MEETIMG OF �UNE 6, 19?7 2�� ; , PAGE 14 Councilman Fitzpatrick felt it is an obligation on the part of the Council to appear. Councilman Schneider stated his intent of this portion of the ordinance was that a Councilmember could not appear only when there is a financial interest on his part. Under Section 30.30, Sectionl, Mr. 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 contemplatin9 that the Council or Commission member or top level employees make it known they have an interest in that particular canpany. He felt from the practical standpoint, it might be well to make a disclosure at the time the item comes before the Co�unission or Council. Under Section 30.30, Item la, Mr. Herrick questioned the words "other than as a nominee." Councilman Schneider stated a nominee would conceivably be someone named in a will or do,:ument to become a controlling party of a trust. Under Section 30.33, Item 2, Mr. Herrick stated he felt this shou]d be included and attorneys shouldn't be representing where there may be a conflict of interest. Under Section 30.40, the words "or governmental 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 Sch�eider 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 el�m�nated and b�gin with Item 2 under this Section. Mr. Tom Coilins, Sun Newspapers, felt the reference to the hi�hest standards of morality was ridiculous. Mr. Herrick is to review the ordinance and resubmit it io Council for their consideration. BINGO REPORTS: Mayor Nee stated, 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 shouldn't be licensed. Mr. Herrick suggested a form to be filled out with a detailed expianation on how much of the receipts is going towards community contr�butions. 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 which is understandable. Mr. Herrick staied he would work with Mr. Brunsell, City Clerk, to draft a form. LEVY LIMIT: Mr. Brur�sell stated the reason the matter of the levy limit is before the Council is, if they do not levy at least 989� of the limit this year, they cannot qualify 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 Council to take action regarding the levy limit. � r�,m ��} C) l: [.. � RE6ULAR MEETING OF JUNE 6, 1977 PAGE 15 ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeti��g. Seconded by Counciiman Schneider, tJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting 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 � j' ORDI NAP�CE td0. l � ' ' ' I ' , AN OP.DIrJANCE TO AI1E�lD CHAPTER 11 OF THE CITY COQE �F THE CITY OF FRIDLEY The City Council of the City of Fridley does ordain as follo��rs: The Council of the City of Fridley hereby amends Chapter 11 of the City Code of the City of Fridley, Anoka County, �linnesota, by chanqing certain lieense fees. Section 11.10 Fees. License and permit fees shall be, as follows: Code f�lo. 18 21 24 27 28 29 Subject Contractors Christmas Tree Lots Junk Yards Billiards Carnivals Mul ti pl e Dwel l i �igs 212 Mining Permit (Plan Checkin� Fees and Grading Permit Fees) 206 Land Alteration Permit Uniform Building Code Chapter 70 adopted by reference (Plan Checking Fees and Grading Permit Fees) Fee $ 35.00 � 60.00 per year (nlus $100 denosit) �2Q0.00 ner year $ 40.00 for first table, $ 10.00 for each additional $175.00 (plus $20(� denosit) Tl�ree through seven units �15.GG Eiqht through twelve units $20.00 Over twelve units $20.00 plus �1.00 per unit Plan Checkinq Fees 50 cubic vards or less No Fee 51 to 100 cubic yards �10 101 to 1000 cubic vards 15 1001 to 10,000 cubic yards 20 10,001 to 100,000 cubic yards - $20 for the first 10,000 cubic yards �lus $10 for each additional 10,000 cubic .yards or fraction thereof 100,001 to 200,000 cubic yards - �110 for the first 100,000 cubic yards alus $6 for each additional 10,00(1 cubic yards or fraction thereof 200,001 cubic ,yards or more - �I7fl for the first 200,�00 cubic yards nlus �3 for each additional 10,000 cubic vards or fraction thereof. Gradin� Permit Fees 50 cubic yards or less $10 51 to 1t]0 cubic yards 15 ' OP,DIfJI�NCE PJO. ' Code No. � ' ' ' -z- lA Subject Fee 101 to 1000 cubic vards -$15 for the first 100 cubic yards plus $7 for each additional 100 cubic yards or f raction thereof. 1001 to 10,000 cubic vards -$78 for the first 100 cubic yards, plus $6 for each additional 1000 cubic .yards or fraction thereof. 10,001 to 100,000 cubic yards -�132 for the first 10,000 cubic vards, plus $27 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more -$375 for the first 100,000 cubic yards, plus $15 for eaeh additional 1�,00� cubi c.vards or fracti on thereof . ' PASSED AiJD ADOPTED BY THE CITY COUPvCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ' ' � ATTESi" : TY CLERK P1APVIN C. 6RUf�SELL First Readin�: June 6, 1977 Second Readinq: Publish: h1AY0R 4JILLIA�1 J. PdEE � ORDINA�lCE N0. Af•d ORDINARCE TO AMEPdD TNE CITY CODE OF 'THE CITY QF FRIQLEY, P•1IN�lESOTA BY �1AKING A CHAtJG� IN �ONING pZSTRICTS fihe Council of the City of Fridley do ordain as fo1lows: SECTI(lN 1. t�.ppendix D of the City Code of Fridley is amended as hereinafter indicated. SECTIOr"J 2. ihe tract or area within the County of l�noka and the City of Fridley and described as: Lots 3 and 4, u1ock 2, Meadowmoor Terrace, from C-1 (iocal business areas) to R-2 (two family dwelling areas), and Lots 22 and 23, Glock 2, .'eadowmoor Terrace, from C-1 (local business areas) to R-1 (single family dwelling areasj, a11 lying in the North Half of Section 12, i-30, R-24, City of Fridley, Gounty of Anoka, �':innesota. �ECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zon�d District C-1 (local busi- ness areas) to R-2 (two family dwell�ng areas) and R-1 (single family dv�elling areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF > > g» • .�tTTEST : CITY CLERK - Marvin C. Brunsell �'ubl i c Heari ng: ' ' First Reading: Second Reading: I Publish: � , ' June 13, 1977 June 13, 1977 NlAYOR - l�1ILLIA^9 J. , EE 2 j'! 1 f �;r f:. iA � �', � IF�^ T �° �� i ' �G 5 EG —,. , }r � � ti7' . . ,� . rt . , -�--�- _ _ �� 2 A ; `.� --ti � �� a:'' ....--- � . � ; a T`i .,�.�'i_r� sf}_....�_�,�,.>, sv _�•��rn-F • � � � f .� -��.�. �� ---�-.��...�.._..�._ r � _ • t 1 - _...,,.�.� . r „�e�f,�d' j h � .r..,. . {�~y �'/ � N't,, rr / '!.s ...��j..�+_�i.�/1_ 9� r �� ^�ai rw r �'� fi e i Yt �i !,''`' -s�...- /.,..-'"� .. JO � . w�', r�(��'� y �. � I (� L/'1i< .fe Aiay� �;t M` pM�if�M I' '. ��•��C.Y i �� Ci U 01 �i. �'� /� ei I� � 33 7 � � , `-4 - -- . n (, a Xr�' i:�'' j�. `� J :±� /O ''`� // '+� -�r il 7., y . . �, ' i � , , , � r �, _ae,° _- �.aJ _..1/F,�1_�.ii�.��__ _.V_G'6.�1. 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'�' i� �G',�. ... -- ._._._., ��.`��.1�=5�.}S��a �r��.`Yi ; . �.,_._ , - �Z 1 � v � � � � .a. u a,.... . 2� , �1C'PEALS COi?i1TSSIGi! 11E�'fItdG — MAY 7,0, 7,9?7 P�?,�_�� CAL.!_ i 0 02?'i� R= Ch�irwom�n Schnabel. c��l led L- F,e meeting to order at 7:�i5 F'�i'i. . ROLL CALL: i1err�l�Prs i�rc��ent : ('{r?�S'i�J�f 5 %�'.:;�tlt: � OtF�el^5 Ps�eser�t : Sr_f-�nahc�l, G�bel, P1Eme1, Barna f: e,np�r f�an Holuen, 3uildi.ng Inspectio�i Offa.cer APPROU� h,Pr EALS CG{'!t1ISS:�OP� f1Tf�JtJ �ES � APRIL ��, 1,977 rr�s. GabPl re�t�csted that th� tenth and �levr�nth paragraphs or� Page 5 be stricl:en frc:�i tl�� records� Ci0 i IUtV by f'9r • Earna7 s�eonded by f�rs • CaE�eI, �l�a� the rr�inu�es of the �;;�ril 2L�-, 7,977, Ap��e�J.s Cc��,tti:i� sion ;?:e�t:ir.g c� appro:�e�i �s �,r:;er�d`�> Ll;�or. � voice ��ot�-� al� votan� �y�, the r:�etion c�i,r:? �d unanimously• C!�airwomar: Sciir�a��_1_ indic�t�d �h3t th�� Nppeala Co�'�missa.un woulc' be handl�.n� the first 'rour zte�ns vn the Ager,�a a� the Sdi7iE.' l:.',.:11C-'• �� T,4E'•L�D = REf!LES 1 FOi: VAK.1l'-.i•ai��.S OF T!-IE FR:L�1_�Y C� i Y COyC �.S �OL._4l�►S� S�CT±ON cG5•0��;, 1:, TO R�-�.?�t.iC�. Tf-�E L�'f t+nE� FROr 1:G',D�i] SG!UARE FEET Tv 9.6GJ SC'l1:fiE FEET-, Ai;� SECZI;,i� cD7•06�3, �: C, T� r?EDUCt T'NE Rc�AJ' `lA �D S�' i BPC�: �;C(i 3tJ FEE`l' `I`c? 2� FEET {1,/�I Ot= LOT :iE:r� � hi}, TO Al_LOIJ TFi:_ CO(�ST�CUC► �G,. 0� A'fL10 F�f9:��_�' Dl�'�Ll_JP�G ��v LOT �, BLO�h �•, I'i�,4D0(�f900+� 'fE�RACE� TyE SA';1E E�T�!G 1,�46-�1��c3 OS�(;�:h:t R�AD R+�E�, FRil�LtY, P1:tf�;R'; SOTA� iFer�:es;; by Lanibert & Pete� so;� •, Inc� , 1,�(:.0 OsU�r� �e Ra�ci �� t� �, Frid��c��, Min��esota 55432}u 2• TAt3LED� REG�t1�ST FOf� VA+'TAfJCES OF THE FRiJLi1' CITY CODE �S i�01.1_O�1S= S��TI� ^: �'[J5. J63, �,� TO RE?)UCE THE LOT t�.��A � F�OCi 7,O,Ci]�? S(�!JAl�;� FEET Tt) `i-,OiJJ S�UAi�E FEET, AP�� SCCTyO^! 2�5.Q5_�, :�, C, TO REDJ;:r TF;E F�EAR 1'AR� SETEACK FROt'1 3G FEET T� c9 f=�ET {1,/4 OF LOT D�FTHs, TO �4LLQ�:S T!�;_ CO�STf�'.UCTIO�! �'�F A TlJO FA�ilLY P.LJELLI\G Gfd LOi 4-� E3LOC1: c� PiEADO�.��00�� TEfin/�Ct�, TH� S�MF BE�it�:G :L34'�-1,346 OSE3()R1'E RO�D N•E., Fk��LEI', iil�i;,!rS0'C'�',� {Rcc?ue�t. by La�nLert � i'etersan, Inc• , Ir=�.'�D Osborne no;�d N•E• � FrialFy, t1innesota 554�2}�� ' • ' ,�.. �., - 1 � , ' AP('EAl_S CO(111:tSS16N tTEL I.INC� -- i��Y ��u, �, �< < _- �� r 2 � 3� TA[3LED = RCQULST FOR V�RZ/INCES_ OF THE FRIDLEY CITY CODF AS FOLLOt�tS: SFCTION 2D5• 063� ],7 TO REDUCC TfiE LOT AREA FRO('I 1�O,�DO �'QUARE FEL1' TO 9,600 SQUARE FEET, AND SECTIOiJ �DSu05�, 4, C, TO REDUCE 1'NE REARYARL SETF3ACK FC;Of1 �30 f=EET TO 29 FEET -C1,/4 OF LOT DEPTH}, TO ALLOW Tf-{C CUtdSTf�UCTIO�J OF a TWO F/1f�ILY n�lEI.LING OPd LOT 23� BLOC1: 2� �1EADOL!I100R TEftR�iCE, THE SAt1E BEING ],345-Z34? MEADOW(100R DRIVE N.E- � FRTDLEY, t1I�J�dESOTA. {Request by Lambert and Pet�rson, Tnc•, Z360 Osborne Road N•Eo� Fridley� flinne�ota 55�132}�- 4• TABLED: REQUEST FOR VARIANCES OF THE FRIDLEY CTTY CODE AS FOLLOIJS= SECTIOPJ �05•C163� ],� TO REDUCE THE LOT AREA FRO(1 ],D,000 SQUARE FEET TO 9,QOQ SQt1ARE FEET, AND SECTIOl�,1 2�5. Q63, 4, C� TO ftEPLCE THC REAP, YARD SETBACK FROM 3� F EET TO 29 FE�.T �Z/�I OF LOT DEPTH} � TO ALLOW THE COhS��F�UCTION OF A TWO F Af'1TLY DLELLING ON LOT 22, BLOCK 2, f�EADOL1t�100R TERRACE, TNE SAf1E BEIf�lG 7,�y5'1347 f1EADOWf100R DRIVE N�E•, FRIDLEY, f1INNESOTA. {Request by Lambert & Petcrson, ],36D Osborne Road N�E.� Fridley� f1innesota}• The �bove varianc�s requested are on property that is � preseni:ly zoned C-7,, and any approval of variances would be contingent upon approval oi a rezoning reques� to R-�• � �i0TI0� by f1r= Barna, seconded by f1r• Plemel, to open the Pubi_ic He�-�rxny on tt:e f�rst four items• Upo� a voice vnte� alI voting aye, the Public Hear�ng was opened at 7:37 P�M. , ' � MOTTON by hlr• Barna, seconded by f'?rsa Gabel, that the qppeals Comm:;.ssion rernove the rirst four items from the Table� Upon a voice vote, all voting aye, the motion carried unGnirr�ously- Chairi�o!»ar� Schnabel explained to the Commission that at the May y� 1,°77, Pl�nning Commission meeting the decision had been made to recor�n,end to City Council denial of t�lr. Peterson's req��esi,s far rez_oning wiLh the recon�mendation that the City Council re�d aJ_1 the minutes of the Planning Can�mission meeting to be abl� to knoa� the feelings of the neighbors and the Commission members regarding those four lots� , Mr. Feterson of I_an�bert & Peterson� 1360 Osborne Road N•E� w�s present at the ►nceting- � Chairwarn�n Schnabe�. inciicated that Mr • Peterson would have to indic�tc any chancc� to his requests before it we;it befor� the City Council - ' ' ' Chairwom�n Schnabel asl:ed Mr• Peterson if he wished to ask for v�r,iar►ces on all fo�:r lots- � ' ,.. >..� . � APi'El1l_ � Cd(�i1I ;`:TGiJ f1ECTTfJC; -- MAY 7�0-� J,`l77 P �-►c� e 3 f1r • f'cter�on indicated tf��at he w�_shed to withdraw his 2 D requc..:L� fcr v�ri�nce� on the lots .loc�t.ed on f1eado��m�or Drivc�> Hc� s�id he p]_vnn�d to bui.ld f�-�� dweJ_1.in��s on t1eadowmoor Driv�� nd E:-� C�41EI.I.1tl�J� on Osborne f�c�ad- AUt1ItJISTRATIVE STAFF REP4fzT q. PUBLIC PURPOSE SERVED E3Y REQUIREi`lE_(�JT � Sectior� 205.063� 1� requiri.ng a m7_riin�um lot area of 7,J,DC10 squ�ire fcet in an R-2 {ti��o fa:nily dwelling areas} zane� Public purpos� servec� to �void 1:he cot�ciiticn of over crowding of �he residential neichfaorhooc�� Sec_tion 2�5•Q63� 4-� C, requiring a minif�num rear yard ofi 25i �f tf�e lot depth wi�•h a mini�nur�� o�= 25 feet in an R-2 {two farn�ly dw�Il:ing ar,eas} zane• Public purp^se ser�led is to pr��vide d�s :.red rear yarG ' space to be used for c!reen are�s which acld to the attr�actabi�ity cf th�= nei.�hbcrhood� � i B• Co STAT�P H�.RDSHIP: Lats •� �r r`coned to R--2 -, cannot be developed a�ithout � re�u�stea v�r�.�,nces �, Al)PIINISTF;ATIVE STAFF P.EVI�:W- , 1'he ccn-F}_nuration of the lot is such that in order to maintain t:he existing Tront yard s�i:�ac4� af 35 f�et, the s�.rt��ture must be sni�`ted t�o the i••e:�r� This si�ift � r•eouc�s t�� re�,r yard to less than 25i of t!�e lc�t depth rec{uirec! Ly City COG�• Ap�roval o-� tl-�is requ�st <<�c�uld be c�ntingent upon rezoning o-� the Pro{�erty° f'Irs• Gabel� wante�i to know if both the P1Gnnir�g Commission and tfi� neigfibors wanted R-1�'s on I�eadowmoor Drive� Chairwom�n Schnabel indicated that there had been f��j,inc�s rea��•ring the lots on {`leadowmoor� scme of the nei5hbors wanted the lots to rem�in as C-1, and others rather see F�-],`s built� mixeG would i�r- Peterson indicated that; if tne City Council denied his rec�u�st for rezonin� to R-2 on Osborne Road, he would proV�bly wi�hc;ra<<< his rec�uest for R-1 rezoni«g on f1eadowmoor Driv�- f- �--� P �� c� r-� 4 CrE��irwo►n�n Schn��be]. verified th��t; (1r• Peterson would have th�e option to withdraw hi� reque�t�• t�lr• I-folden, f1ro PeL-c�rson, and the l�ppeals Commission di�cus�,:ed tt�e pl�ns thaL- �1r• Pcter:�on had for the R-2 dwcllings to be built; on Osborne Ro�d. Mr�• Ga�el wanteci to know ex�ctly what f1r• Peter�on would be requesting at the Cit-y Council meeting- Chairwoman Schn��bel indicated that �1r• Peterson would be requc�ting to ma{:e the two lots on O,borne Road as R-2 and th` two lots on f1�adowmoor as R-1• f1r• Peterson indicated that th� hornes would be built for resale purposes- 2F t�r• i�axey of Z413 ('1eadowmocr Drive wanted ta know what would happen to i�he Iots if City Council denied �9r. Peterson's reque.si.s to rezor�e to (�-2 on Oshorne Roao and �1r• Peterson � withdrew his requests to re�one �o R-1 on f�1eadowmoor Drive• �hairwoman Schnab�l told him that the lots would then rc�main as C-1, lots. �i� •�1axey wanted Go kiiow if the people on Osborne Roac{ wouJ.d be ro�ified �f t�ha� meeting• Ne inc�icated that many of �!-�e peop:te on Osbor��e Road assum�d the lots we� e to be kept as C- ], • Chairwoman SchnaL��l said that f�r• Boar�man, the City Planner, had � ndicated at the Plan��ing Co�rmission rneet�.r.g that, in thas particular case, the peap�.e within 2D0 feet of the Iots in qiaestio:; wvuld be s�nt notices of ti�e City Council inaeL-ing• Chai^wo!;�an Schnabel also � ndicat�d �i,at the people on Osborri� Poad had no riqht to assur�e anyt��in� until a fir,a? decisi.on f�ad be�n reoched by the Cit� Cour�cil or �f I'1rG Pe�erson would withdraw his entire requ�st- She said that if the �eople on Osborne Read w�re opposed to tli� biiildir�g of f�-2's on those lots, they shoulc� be at the City toun�ii meeting• Cflairwoman Schnab�l told the audier�c� that if they did ' not receive a notice e7= the flay 1,6, 1,977, City Council m�eting, that they should call Cic.y H�I1 to confirr.� that the iter,�s would b�� appearin_y before the City Counci� on that date• ' � ' ' ('lr. Heillc of 1,�+1�� f�eado�,�moar Drive want�d te know if flr• peterson owned the )_o� loc�ted betweFn �h� Beauty Shop and the hou�� on Central Avenue {Lot 27}. Ptr. pet�rson ir�dicated that Mr.Chies owr.ed that particul�r l�t.� ' Mr• Heille want to know what Lot 2? was zoned as� :2 � I ' ' ' �1r• Holder� indicated thaL- i� wa� zoned as R-1� f1r�. Heille suggest�d tha�: all the rem��ining lots in the area �.hould �e zonnd R-1,• Chairwoman ;chnc�L-�el indicated to I1r• Fieille that he shauld con�ult L-I-�e Zoninc� (��p lacated �t fity Nall whenever he had a que;t?on reyarding the zo�ing on any lot• f1r = 1-lol.d�n asked f1rs • Feterson that if he gat approval for tf�e rezor�irig and the variances, would he be building the houses ai, the same time• ' f1r. Peter�on indicated th��t he would build on all four lots at �he s�me time• r'lOTIO�� by f1r� Plamel, seconded by f1r. E3��rna, to close 1 the Public H�a; ing � Upo� a voice vote, al �. votiny a;��, the mo�ion carr? ed unarzimously• The F:��lic FlGaring w�:rs close� at 8:],[7 P.M. � ' (�ir= Holden indicated that there �:�� e�,t l�zst four structuE,es la.ke the anes ('Ir• Pe�.erso� p�-�oposed to bui?d locat;eC �.n Lf�e City• He said that a�.1. were wor�:ir.n ou�� f:in� hotl� str�!ct,.arally anr_�i aestf-��ic�l.ly� The Apr.e�:�ls Commiss� on clisc��ssed fi.�ri,�ier t{�� c!e-scr� ' �1<<�s os tf-��: do��ble bunoalows �hat ilr•� Pe�c.ers�� as prop��s�.�� to i�uild an the �wo 1_ots o�� Gsborne �ioad- , � ' ' , Cl�TI0��.1 by tir� Barna, seco^caed l�y �fr• °l.emel ; that �:ne �ppea�_s Ce,�missi.on recorrc-nenci for �p�roval. th2 requ�st �=or var:iances of tne Fridl�y Cit,y Code as follc�.��.,: Secties, 2Q5� Ob4, Z, to reduce the lot area from 1,0, JrCI s��are feet ::a 9��0 sc;u�re feet, th� same i�ei.r.g 1, �2E�-)�:�� OsScrnz F;o�ca �:- �� F rialey, �li;-�nesota APtiD Sec�ion �ii5 � 063, J,, i:o reducc� ti�e lct ar�a �rcm i,�,00� square ftet to 9,�GD square feet thc same be;_ng 1,�44-1,34h Osi�o� ne Road td•E� : Fri.dl�, ,[°iinnesota; A�!D section �OS• 06�, 4, C� to reuuce th� rear }�a� ci 5.�th.acl� f!^cri� �0 �ee� i;o 29 feet {y/4 of loi; dert'�� to a1 �a,� t.i-;e construction o-F two f"r,�ily dwellings an Lot 3 and Lot 4, Bl�c�: 2, ��leadowmoor Terrace • Uf'OPd a vaic� vote, all votinc� aye, the mution Cc3C'C'iECI unanit��ou�ly• Chairwor,�an Sclinabe]. ind? c�ted that the Appeals ' Comn�issi��n haci a�proved tne v�3ri��nce requ��t.s contincent upon �;pprov�l c� a rezoning request to ��-2• ' � ' � l+I�PEALS COt1t1ISSIUN MCF1'ING — MAY J�f], 1,977 E'3„��' �=.., 5• REQUEST FOR V�RIAPJCC OF SCCTIOtJ 2U5-053, 5, {Ci�l}� FRIDLEY CITY CODE, '(0 REUUCE TIIE (;CQU:If;ED SI1>C Y/�F�D SETE3ACK FROM S f=EET TO 4 �EET, 1'0 ALL4�1 �� GI�F�AC,E AD�7TTOFd Oi= 22 F�ET TO A�d EXIS"i I�JG GAF;A.GE � LOC:r,TE:D UiJ LOTS 5 and 6, E3tGCK 7,J,� PLY�OUi'H ADTiITIG��, TFlE S/`�t'i� i;EI�JG 463� 2 1,/r STREET tJ•E•, F(:IDLEY, i1lidtdESOTA• {Rec�ue.}t by Carroll L• Jensen, 463t3 2 1/2 Street; N• E• � Fridley, flinnesota JJ�i3� •} �'i0TI0�J by flr• Barna, secondc� k�y t'irs• C�bpl.� to open the Public Het ririg• Upon a voicc vote-,�11 vcting �3y�� the public H�Urin� was opened at $:20 P•(1• A• : ADf1INIST� ATTVE STAFF REPQRi PUBLIC PUpPGSE SEnV�D 8Y REQUIREf1ENT� Section �f7�•053� 4� B�� requi.ring a side yar� setbacl: of 5 feet fron an attached gar��e• pu�lic purpose served zs to provide sr�ce between inc.iviu�al structures to redu�.e confla;�-�tion of fire, t� provide acc�ss to the rear y�ru ior^ emera�nci�s �nd �0 1i�:>>�� the condi�Licn of cro4��cling in the resiclen�iGi rei�hbonc�od• STAT�D Hta�iIl�HiP � The aa;�Ga,e I noG�. hsve is too smal l and I ioo��ld l ii�e ro�m for aroti�er car• . C • ADii7�vISTPi,TI4'L STAFF P.EPORT = ihe �roccsed ��ttachQd garage additi�:n �.�il.l be appraxi�^ai.ely �l fee� frc�i,� Lhe co�mon rl"CDLt^�y lire• Th� nei�hl�ors cetacl,nd r�arage is located 3 fe�i: te �h� reur cf i;he propo�ed additicn�s rear ��all� T��°- nei�hk�c�s �arage is 2• 2 feet i'rom �th� c�rnmon prc��erty line• fvote thut if the �iC'�1LI0�"t�Y^t� oro�osed garage ��aere �e�Uchea, he could build fio �,iithin 3 feet of the co��mon Iine• �lr. ,1ens�n, Pir• Flolc'en� and �he ��c��ls Cflmmission di.scussed the pluns that i'1►^• J�r�sen nad �:�ith him• 1`lr• Jensen also indic��ated th�t he ��ainly t��ant.ed the addi�ion for rore storage sp�;ce and �darf:si�o� �pace• fir• 6arna ��anted to 4:no�a if Pir• Jensen did any kind of engi�i� repuir or body wori; in his garage • f1r• Jensen s�id tt�at he did not• He only wantEd the additic:n t��c�,use 1�e n�edeci rnore space for a�aork bench and to store items• 2G : ��t�°�� d9A6�,� � � �. CLUI��t�� LG��`3� �dD�'3@9C��G1 �� 400'l_.JE_FFEFiSC>N ST, N.L. COt_Uh961A F1E:IGHTS 55421 7II$�9769 1 LS'3l4Wi7Y CL:CiTIPY THA1' TH10 SURVEY, PLAN, OR REPORT WA9 PRrcPARED pY ME OF7 UNDER h1Y DIREC7 3UPERV�LlON AND Yb1l�T 1 A►A A DULY 612613TCFt�O tJ1ND IIl1RV: YOR UMO�R TiQfc LA{PJ� OT 7HC fSTATE"c Q� A41NNEftOTA. � � DATE :'>_ � ` - � �i SCALE 1"= � ��O � Pr71N�1�50-rA F2�G15i'f-�ATIO�J fJO. 5332 0= tROf�l MONUMEPJT !1UTt_ , NO � h. `_-Utz�1�.`( , �io T_�'•.o t.t5 �Yl-1'�='`-_t> � �.. ._ Q �� v i{ i� �. �-t �� -=� \-� �I� in ,� i . ►�, 4� a 1 �� I J � I t' � ( �:�..� -"+� �� I 1 t �� :� ( � ( ,-: �3�� .,;aC� • �� i(�; rlli 1,�' �) I� � �`� � _ ,� �i �s ► � � _- �i2� 21�� _1 � � � �iC�� f� �' ll•�S� -� � I 9 i�l ;s� �-_._ _- -=a�-� --- - � / 3 �� `f ,� "C 5 � L� __fr�� R'1 i � �T � �� ---4 . , �'� ��! ; ; 7.��l� �,��' l �- { �� }.9 9, � r? '?_a,____ � ' -- -- ii�.2-; �t2KI I 9 ' ( i�� !_ _ __ `' `� _ _� �` �� -_- � �� s o _�___ -- -=--=�� _ -� _ _ .____ ^ �— _�_ _ _._._._ _ � Tl��Q � C� �,� � �--��'1 v �� `� � �v��c x ) i �_ �� + `� � � - ! i� , L� �-��--�� 2 M �..��c��! ��Ooi� -;- �=.. C��'�,` .� . � � '-. ---- . , . ��l �� l-� � �.. o v ��i i �;" , �`� � � 1�t�� T�, n ' ' AFPOI i' Tf�1EiVT FO' C ITY COUi�C I L COi�S IDERAT I OiJ — J U��E d 20, 1977 Environmental Quality Corr�nission R�Ef�1C�E� RESIGNING Michael D. Paripovich 8200 East River Road N.E. Fridley, Mn. 55432 TERM EXPIRES 4-1-79 APPOINTEE �� ,, ...�„ ... .lc\,b � v�l 1 1. 1 V Section 603.01 ORDINANCE N0. AN ORDINANCE Af�1ENDIfJG CtiAPTER 11 , SECTION 11.10 AND CNAPTER 603, SECTION 603.01 OF TNE FRIDLEY CITY CODE RELATING TO LIQU�JR LICENSE FEES THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: CHAPTER 11 , SECTION 11.10 Fees Chapter 11 of the City Code shall be amended as follows: Code # Subject Fee 11.10 Liquor �4;588 0-3,000 3,001-6,00� Over 6,000 Qn-Sale Sg• Ft• Square Feet Square Feet No Entertainment $5,000 $5,500 $6,000 Entertainment and/ or Dancing $6,000 $6,500 $7,000 SECTION 603.01 DEFINI"fIONS Chapter 603 of the Fridley City Code shall be amended by adding the fol lowi ng defi ni ti on : 9. The term "floor area" for th� purpose af calcul ating the li cense fee shall be all of the floor area of the various floors of a licensed p remise measured to the centprs of all partitia�s, except those areas primarily for non-se rvice purposes including, but not limited to dead storage, building management, toilets or restrooms, mechanical equipment rooms and kitchens. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY ' TNIS DAY OF , 1977. , � ATTEST: ' ' � � ' CITY CLERK - MARVIN C. 13RUi�SELL First Reading: Second Reading: Puhlish........ MAYOR - WILLIAM J. NEE � �� CITY OF FRIDLEY MEP90RAN DUM T0: NASIt9 M. QURESHI, CITY P�lA�yAGER, AND CITY COUNCIL FROM: MARVIN C. BRUPdSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: LIQUOR LICEI�dSE FEES DATE: JUNE 15, 1977 Several weeks ago the City Council discussed the matter of increasing the liquor license fees. lde presented a survey to the Council showing the fees charged by some of tlie surrounding communities. It was pointed out that fees in other cities our size averaged higher than the fees charged by the Ci ty of Fridley. We discussed a step rate system, whe reby, tne size of the building and the fact the establishment did or did not have entertairment would be taken into consideration in determining the fees charged. The fees in the attached ordinance are based on the size of the building, and the entertainment factor. The presumption is that a place with entertainment would cause greater policing problems. MCB:sh � 4A � � � ' � T0: ' FROM: CITY 0` FRIDLEY i�M1 E �1 0 R A h� D U M NASIf9 M. QURESIiI , CITY f•1AI�AGER, AP�D GITY COUPICIL l�1f�RVIf� C. [3f;UP;SELL, ASST. CITY �9GR./FI�d. DIR. SU3JFCT: LIQUUR LICE�tSE FEES iDATC: MAY 11, 1977 � ' Or Aoril 14, 1977, I gave yourself and the City Council a memarandum reco;�irr,encling an incr��ase iri liquer license fees. Attached to ti�at m�moran�u,r was a survey condu�teu �`or cities of our approx�mate size shov�ing 1icen�e fees charged hy them. (See Attachment "A". ) t�fy recomm��nda.ti on was fot� an annual li cense fee af �5,500, ari th t{�e � poss i bi 1 i ty of a hi gher fee for those 1 i censes that do not n;eet the food saTes requi rement of the present ordinance. The C�ity Attorney and my��l � have reviewed the Liquor. Licensing O,�dinarce or the C1Ly of St. Louis Park. Their license fee is based on the size of the res�i,aurant porti on of the bui i ding, and whether ti�e esta�l i s��n.e��t has entertai nir.�nt. This ;icensing arran,�em�nt looks very workable and equitable, and w ould be an improvement over arhat we no�,- have. The question is, if we adopt �;hi s for��at, what should tl�e li cense fee be. The Ci ty of St. Loui s Park pr�sently charges fror� �4,500 to �6,500 pet° iicense. FridlQy coulc� have the same fee structure, or possibly a fee structure of 5500 moi�e for ear_h category. �ased on tf�e St. Lcuis Pa►,k fee structure, the aver�age licer�se cos� for the five Fridley establish,nents would be $5,300, l�ttachment "B" sho,vs the licensing structure for the City of St. Louis Par�. Attachment "C" si�o�vs the con;putation of square footage that would be used in determ�ning the iicense fee for each existing establisi�ment, and their licetise fee based on the present St. Louis Park sci�edule. It is my reconi�rendation that the Cit,y Council adopt a liceiising systeul si nri l ar to the St. Loui s Park l i censi ng sysi;em t�i �h the possi I�i l i ty of each step Leing $500 higher. . hSCE3 : s h � �ttachrneni: "A" Attach{.�en t "Q" Attaci�n�ent "C" � ' , 4� CI'IY UI� l�i; l U(.CY 4C T0: f�f;U'i : r� c�� r; i► tr �� u t�f t�/�Sll1 i1. QUf?�;IfI , GITY I�I�:U�G`R, 11�,U C1TY COUIiCIL !'l1f;V11{ C. L'!?U;�SELL, f;S�'f. CITY I•;G(;./Fif;, pTR. SUL'JCCT: C0��5IDCP,l�TIU;; UF CI��;�tGE I�! LIQUGIZ L10E�ISE f=Ef SCEi�UULC �liTE: /tPit1L 14, 1977 7i�e Cit� �f S;,�utn Saint Pa�.�l ha� cor�d�.�et�d a survey an Liq!�or License fees. The survey covei°eej all of the citie, in the 7s�rin City at-ea issuing Liquor Licer�ses. I have listed those cities on ti�e attached s�ie�r ��ri�ich ar� so,r�°,rl�at co.i�,�ar�ble in size to Fridley. The averagc fce for Liquor Licenses for comparable cities is �5,126 per year. Our current license holdei�s ��aid i:heir fe�s for �h� con;ing �ear so.�,� tim� ago. It ti�rould be diffic�alt i.o inii.iate a chanae in fees that ��rould af�=ect t1�e 1977/7v �icense ��ear. HU,rever, if the fees ��ere changed no�•r, ti�ey ��ouid be in ef�ect for �re nex� license p�riod. Eased on t.he current �verage fee of fi5,126, a��d Fased o�. the ract tl�at ti�is sur��ey is already a feti�r mOnLIIS old, and tt�e fuc� 1;"e pro;�os�d ch�r�e ;;cu'!d not r� i;�tc ef�ect �or u►�other ye�r, I reco;��,�n� th� Ci �y Council take �cti en t� an:�nc; tF�e City Co�� it�cr�as�ing i:h4 license �ee for a reyuiar On-Sale Liquor License to $�,5t�� pe �° yea r. The City Ati:orr�ey has cione so�� ci�ecf;�ing to see c��17e�;her it is �ermissible to have a t��10-StZe� li ce<ise scf�edule, thst is , a hi c,��er li cense fee for those places not r��etinq t�e �orty �ercent criteria for foad saies. }�e f:as co��ti to the co.�clusion that this �ti�ould f.� pen;iissible. Ii= the Cou,�cil is interested in tI115 ty�e of an ordinance, ��e t•rould include this ir� th� pra� osed fee schedule chanc�e. � t;e co«ld s�t a fee of perf�aps $7 ,500 per year i�or those establ i shr��nts not n��ei�.it�y tlie r�inim+.�m tood�rec�uire�„��t. ffc�,��ever, I��ould thin�: you would ita��e to retli n 1 anc�u: ge i n the o�•din: nce that ��oul d �?rovi d� th, t the es tabl i sh�r;�nt mt�st he a bonafide resf:auranL, df1C� �.Ildt a su��tan�ial por�ion of their sales ��oulci Ue fran foo�. . If the C�uncil is an;��able to these fee ClldllC;�s, 1�irg and I�vill prepare such an o,'{�l Il �{tl CC . The license fee ti��as l��st. ciiange�i on J��ne 1, 1973. 71�c Liquor License fe� of �Z,S;�O ti,�as p�lici f�y t.h�� lict�nse hol�iers for t��e 1�73/1; lice,�se ��ear. FiCI'>:sh 0 �...,�,. � �!10 +: d Glaine � B 1 ou�rri 1�� c� �c�n Braot:lyn Center �r•G�c�:l vr� Fark Bur�sviile Ca7u;,;bi a F��i gh�s Cocn Ft�p�ids crys'cai ��4�� Frai►°ie Golder� 's'�.1iey . i�d�1 ie4�lo0Ci ��ir�net;o��';a ��e4�r !-ia�e Plyn,�ut,i Ri c�:field Rosevi l l�e St. Louis Par�: ATTACI{I�EiJT "A" 0�� Sl'�LE LIQUOR LICEEdSE FE� SURVEY Dues your cammunity have l�icc�nsed on-s�71e lic�uor e�tablishments? Yes Yes Ye s Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes TQTAL 1�lhat i s tiie on--sale 1 ic�uor fee? $ 7 , 500 �+,COU 4,175 � 10,000 �,0�0 3,500 5,000 4,G00 (5200 Sunday) 5,000 7,500 5,000 2,OOC 5,000 5,000 `t y�o� 7,50G ($200 Sund�y) 7,000 4,500 - 6,500 based on size and ertertainment �97 ,275 Average License Fee is �5,2i6. 4D Any chan;��s I e�t`'��'.._ No No tao NU Fd o r,o �d o F,o ,, ��,o ��o fro Yes t� o �� 0 I� o 1so t�o ��o � ATT/1CH(�IEI�T "l3" (1'l.) !�lE' T�'t'I'.l "�iG01' di"E'd�� f01' 1;��C' (�UI'UOS�_' U1 CcliCl�lr;illlq thC? license te�� si.��ll L� ;11 of the f1oo�� are�� ui t:ne vai�in.,s floc�r� of � 1 ic��;eci pre�,�is� measured to the center> of al1 ��ar-ti �ions, P_Y.CL'�11. 1,;1t)5� <ll'��35 �t�i�,�3ril.Y for �iort-sc'i"V10E j);;i'4�OSf'S 1r1C�U'�iil(;, b�L nct �i�,�iieci to dca�l stc��qe, b�iilc;i��a �r.a��a;;�,,��c, i.oilcts or rest7-oor,�,s r�,echanical equiE�r;eni: ►•oo;:�s and kitci�,en�. Section 13-324. Fees. (lj Oi�i Sale. 'fi�e annual lice»se fee for an "on sale" license shal i be: 0 tvo Entertainment Entertain�r.en� and/or Dancing � F1oor /�rea 0-3,000 3,001--6,000 sy. f�t. sq. ft. �4,5U0 $5,000 �55500 �G,000 Ove�° 6,000 sq ,"t• $5,500 aG,SOo 4E F ,,�.r.� ... ' nTTnci�;�c��T �� 4 F f�loor a��e�, c>f the v��ric,u:, flc�c�rs of a 1 icen�;ed preuii;e �^�.��sureri to tiie centc�rs , oi' �Ell �,�ar�:itic�n�, r::c��t thc��c arcas ��rirr��rily for noi�-�.ervicc 4,ur{�>osc:s irti- ' clirciing, �nech�anicul ec�uiNment ro�n�s and l;itchen. ' FEE ' George Is_In Fridlev ' Upstairs Dining Are� 1,51£3 Sq. Ft. $6,000 Do��;nstairs Dinin� f,rca 1,7�9 Sq. Ft. f3ar 1,530 5:�• F�;. Total Sc,. F�. 4 s797 Sq. Ft. ' ' Groui�� Ro,.nd � D�ining Ai�ea 1,58U Sq. Ft. $5,500 ' [3ar 1,000 Sg. F�t. Tota1 Sq. Ft. 2,5�0 S�a. Ft. ' i�ia�1 e Lan�� , g�t' V 775 Sq. Ft. $4,50� Snac{; Bar 800 Sq. F�. iotal Sq. Ft. i,575 Sq. Ft. ' ' Sandee's Inc. - � Dining Area 1,017 Sc�. Ft. �4,500 ' Bar 669 Sn. Ft. hieeting Room 4II0_ Sg! Ft. Total Sq. Ft. 2,lGf Sq. Ft. ' . , Shoret,�t�o;i Inn Dinii7g 2,100 Sq. Ft. �6,000 Lottn�e 1,2� 7 Sq. Ft. ' Qar 1,739-Sc}_--ft:. l��tal Sq. Ft. �,12G Sq. F�1;. ' . ' ' ` � ' �,�,R, � ' . ♦ � ' ' , � ' � 1 �� _J '. ' . ' ' ' , il • ��_��`� `y��i�+'I '' . !' � � 7 � .� • ✓ ^ � � . 1' �-. �. � � � � � • � � � C �! \ ��' '~ �. � ,`I _: +'• �� !\ � "11i <''! N � `i ' —. ------ - - (— Cl �I �- K ! � � N —�- �` �� L _ ✓ � � V ��/ . _�. �� _ � �� • � I � � ' . � �� f O� _�' � ' � � I � cj� �° � � m _ �� _ — � �' � �� _� f� � — � . � i� i /� `l � f t � �i J � .r.�_ �� ' � '_ - � - . �� .�� / �� - � . i e s � I � z � � J J — ----�_ i � _ � .- _. = = -� — � � � � i � � � � � J� _._ .� — — .._ � ._� if ----" o� i [� ` � � 1 � . ` � � 1 z ' �� Q . C a = _— ~ _, .. 3- . � � : � '' •.'� _ _ c��11_ �.ci�~►� 'D •. A Cl ' O � N M ' � L 7 .� L �7 N O � �.O- � N t ^ L ' N . 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' - ,� (,z»�,• 1 �; , ; ^ � . . ��; 1 � � ; iz o� i ••t - I , . . --3�_—�_�9B__�__ '� � / . . �.'Y R"� i -f�-�-�'`- \ i- � _��►Zj � —� . . - . . ..5•: � ;:300) � �- ;'�� -' —� . /So_ . e � i � . , � �a _ .� �,,,,. e � ,' � - �`\ -.... 1�77��i��o�m�—�� I.,weraaw��.f _Srl,co/ SU� D i VIS 10N r ..�:,. �� 1�,s- os<< :;�. ;3 � ,os , ��,� � � �� ' � ' � (, 400) c � . . •,� ,`, .� V u ;\ ! �� iD - �� . ...----�--•--•---•--�'r'--------- � t � '�t� '----- ---- - -�-_-- �s�� s , '.� ., � ----_. . : - - -- ' - � / r�f1= �'„ --6a�7i �- �-�6,o r f/S/.�1 ,- , f 7' (\.p -- -----------------�--------------==�. . , . -------------- �--� � ,� rs o� `°�, � � - �y�----- �_-- �_\ .�_�-_�_ -��7 ...,.—:��--�; � �. �� ' � �700) {) � Sao) \ sa�"j " ---•----------------------- --`-------- �'� =-- ----------- � C7 . _." --- - - ---• -:- ---- o , . - __ --- --=------------- �:; i ,V"' -' ' --- - - -._l.61.----.. ._tf.,_�sc1»-arr•': -�y �/ o / //_ S % --- -- — � _ ; � {anir_�a . a.�. � 4 O .. .�♦ , . ._. ..._........:_._ ' �..Miy _ � � .\ o �' „� '_"' •' �._. .. .. _... ""�"""'._�......: �1 �""""". . "o " -. ._ oo�-�� oYf� . ,__...__ �Na3.'. ..B � � ' _ . \ . !A^ � . ... -•. -...,�09• ' -.. ' ' ; I" 1'�:. i4.-'177 . �:;�,a 4�•w1.,,,-�.'. `. � °:: ,\ �. {'' i�+•j.aVf •. ' '� - � �'� ; � :. ��-%' �?ld:�,��1 � �- , ��: . ; __, �t .;:��. .._.: : ' o �. .�� . � . � ; _ -- ;r�s.� ,�� ' 1 �� /�2� ��'�= � , ' f � fi`` " .`:y- __ � ,''y� �L��'..// �. ^ . �� 4 y � i � . _ . , t � � . , � ' ��• ��L ` �; � t _ _ 1 .I I . . ' ' Stipulations discussed at the Public Hearing Mesting of June 13, 1977: 1. Comments and any pertinent xequirements if any, must be obtained from the Department of Natural Resources regarding allowable al- terations to the existing wet land within this plat prior to approval. ��, ' 2. A 75 foot drainage and utility easement along the east lot line of lots 4, 5 and 6 and along the west lot line of lots l, 2 and 3. � � ' 3. A 24 foot dxainage and utility easem�nt centered over the common lot line of lots 4 and 5. 4. A 5 foot drainage and utility easement along all property lines not previously mentioned. 5. Unless expressly prohibited by the Department of Natural Resources, the owner should relocate the existing drainaae ditch presently centered on lot 4 to the common property line of lots 4 and S, and an appropriate inlet structure to be constructed as a connectitin to the existing storm sewer line on Polk Street. ;� timetable of one year would be appropriate with an acceptable performance bond of $2,000.00. r�n alternative would be the acceptance of an agree- ment together with an escrow of $2,000.00 for such construciion in the future. 6. A t�iar�gular streei, and utility easemen.� over the south�aest corr!er of lot 4, for future street and utility purposes, the dimensions of which to be determined by the Engineering Division and property owners prior to submission of final plat. 7. Maintain basement floor elevations for all structures in the plat a minimum of four feet above the normal level of the pond. 8. The developer will continue to accept in the future, the drainage from the existing drainage district and pay the cost of the existing assessment for the plats share of storm se�ver construction in the drainage district,together witli a payment of �2,475.17 for the out- fall constrcction in Polk Street. ' 9. The developer shall maintain the same surface area of the pond as pxesently exists to ensure that eltimate storage capacity is un- changed. � ' � 10. A covenant shall be filed as part of the plat indicating that the pond is part of the development and part of the City's storm sewer system,and shall be maintained by the property o�mers on whose property the pond exists. 11. The developer shall nay $300 per lot park fee. � ' � � CITY OF f fiT l?Ll Y f�'l_/��!�!TIJG CGf�If1IS�lU�J t1EETING ' JIIfdE �, ]�`1�17 MU"fI:O'y hy f1r'=>- ;:ct,r�•.'�el, �econded k�y ��s• Shea to appoinL hir•• E:��r'nr��;r� a•s acLir,r Chairpc�r�;on• Upon a voice vaLe, �11 votin� �:ye, ti�c r�tion carried unanimously• CAt_L TO ORDE!� = Acting Chc.ir;�er�en �ergmari call�d ti��e �lune 15, 1977, Planning Cemrn'_ ssior� rleet ir�g ta order at 7: 35 P.�i • R0;_L C.ALL� (1en;i��rs Present: f1er��rs Abs�:nt: Sr�ea, Be��gman, Suhrbier, Schnabel, LangenfelcJ Peterson, Harris Others Preser�t: Jerrold Boardman, City P�.�-��nEr Apf=�f?C�',-E= PLI�Nt�if�i� CQI1i�IrSIO�i f1INUTCS: MAY_.'��•� J,q7? M��• �ct;nabel acided to the end of the second �arac;rar�h on P�age 1,6, �*in tr�� r�iew Ser��or Citizen BuilQina�*• Mr• F��,c:c��ric Fost;et� of 644�, Rivervi�w Terrace indicatec� �hat t�� s�,�.�;��,U �u��ayr�h,i� or Page �, tt�� t��:�].ly saic� by �1r • L�c�;o�� o f 7,�y-a� 1,/2 Ua}� (v • E• f10TT0�� b�� t'ir• Lang�n;eyd� seconded by T1s� Shea-� that the Plannir�c; Co�nnission min«; �s of f'►ay 1�3, 1977, be u��ro�ec� as amencie�• U�on � voice vote, all vot3.ng aye, the moticn c��rrAed una«im�,t,sl�� • � f�OTIOtv by P1s • Sh�a to add ��n �genda i�em 3A to be PECOf'1h1ESdDATIOt� FOR �ti :��Q �4� '�� SEtJIOft CITTZFt� �,�ELL CLINIC {CAP}. Upon a voic� vot�, a11 voting �ye, the notion cari^�.ed unanino�sly• ' � � ' � � 1, • COP�!TINUED = REZOi�ING I�r �'!UE�T, ZOA ��-0�-� BY C• D- CHAh�DLER � Ta rezore Lot 1,-, Glcck 2, John�on's Pi�der L�ne Adda.t;i�n, from �-1 {Single family dwcllir.g areas} to f�~3 {multip].e famil.y dwel].ing areas}•, and rezone to1;s c ant� 3, Block 2, �1ol,nson`s Riv�r L��ne �,d��itioi� ft,cm C-1S �luc�l shopping areas} ta �-; {multiple family d��°11ing areas}� sa these three lots can b� used fei^ the cunstruci;ion of a ro��a house cieveiopment andlor to��i;i��oi.�ses ; g�neral].y loc�L�d beta�een 64 1,/2 and rtississinr�i Flace, on the West side of East River ftoad• Publ ic. !-fearing open • % � . ,:, .�. . �1 � PLI1N JI(�G 0�'It9ISSI0P1 t1ECTTf1 �— TT11 _�� ] Mr• Ch��ndler of J,7,3�'0 �1i.�•.i.��i,r�pi Drive, Ch�,m�lin, ��nd f�r• Ken 'f�l�,ui of CGlhoun fie�l.ty of Cuon f<<ar.id� were pre��c�nC• Mr• Chanoler presentc�� a��lat to the Pl�+nning Comrni.JJion• The Planning .�ommi�siun reviewed the plat• Mr• F3oardrr�an expl�ined ' the pla� ar�d what had been decic��d upon� He saic! th�t the plat showed seven units with fourteen parkinn space�• He said that a rear-yard setback variance would be required- ' Mrs• Schnabel wanted to know who had title to the easEment• ', �ir• Chandler responded that it belonaed to the County• Acting Chairperson Bergman wanted to ki�ow if the easement was in 'the setback requirement or was there to be 35 feet of setback plus seven feet of easement• , � Mr• Chandler inda.c�ted on the plat the Iocations of the setbacks and the easements• + Mrs• SchnGbel wanted to I:now if the seven foot easement would revert back to the property owner• Mr• Chandler said it would• ' Ms• Shea explained that if the setback a!as movecS to include the easemer,t: th�n a var��nce wouldn't be needed• , There was some discussion at this point regarding the setl�acks and easement requirements• Mr• T�lbot pointed out to the Plannin� Conimission that uahat had been requested was a plat �escribing the location of �he building/s on the lot� He said th�t the plat they were loo�;i.ng at was indica�ing the maximum of what could be put on that property• f1rs• Schnabel said that Mr• Chandler had previously indicated that he would meet all city codes• She said thai; if the ;�lat was not the final plat and if the property was rezoned, she wanted to know if there was any way to bind the property to a structur� that wouldn't contain any variances to the City �odes• Mr• Ch�ndler said that he hadn't been aw�re tl�at the plat tiadn*t met all the City Codes• hlr• Talbot explained that the plat was only off by six inches and that the plat was only a preliminary and once an architect drew up the final plat, tiie dir�ensions would b� more er.act• Plrs• Schnabel wanted to know if the cantrac�or wo�ild Le bound to the plat• She felt that th�re would be no guarantee that the new purchaser would construct that number of units• 7A �.� . ' � , ' �J r�i nrar�T��c r.or�r�t �:t:TOr� i�rF-TTr�r — _li)�'E �, ]�77 t�r�• CI��?nrJler� fe1C th:�t. the buyer ��ouldn'� yo more th�n seven unit:� b€�cc�u�>c� of t.hc� fact that he would have to provide facilitie� for the h_ancii.c�+r�ped if he built more than sevc�n unit, and f1r- Ch�ncJler ciidn't think that the person would go th�t addition�l er.pCr��e • Mr• Talbot wanted confirmation as to exactly how much of a vari�nce was needed• Mr- E;oardman er.rlained that if the easement was part of the �rap�.�r�ty, then a very ninor �mount w�uld be needed {approximately six inches}� I�owever, he said that if the easement was not part of tP�e property, it would k�P approximately seven feet six inches• Cir• Lar�genfeld indicated that if a rezoning was given, then the ' Plar�nin�: Comrnission itself would lose control of the type of buildiny that would be coi��structed or� the property• Actinc; Chairper��n Bergman sai.d that if the rezoni.ng was granted, ' th��t tl�e P1ar�nirg Cor��mission coulc! put stip�lations on the recommend�tion for approval• ' �9r• Boardma�7 stGted that the maximum that could be placed on that property was eight unii;s� He said that tr�e Pl�r�ninq Commission h�d i�ec,uested a plat and what they had to decide was that if ' they fFlt the �rea was right for an R-� zonirig, th�n the rezoning should lae approved; if they decideG that the area wds rct ri5ht for an R-� zoning, then ti�ey shoula refusE� the request• He ' dicin�t see why the Commissi�n wa� corcerned about tyinC the property to a specific design• (�rs• Schnabel said that part of' the reason for requesting a , site plan was because of the traffic patterns which were a concern of the ��eighbors• � Mr• Boardman felt that the plan was good in that it would be situated or� the lot with plenty of green area and ar�ple par!<ing are�,s• , 1 ' ' f1r• Talbot expla�.ned that the parking areas coulci be situatea on eithe►^ side of tfie building- At �h��t point-, f1r• Chandler showed the site plan to Mr- � t�irs• Frederic Foster of 6447, Riverview Terrace• Mr• Foster said that he didn't want to see any apartments at all, however-, if i:he r�zor.ing was to be approved, ther� he wanted to see the pari<ing lot on the Plississippi Place side of the builc�irig• M�-s• Foster Expl��ined that there was a�ark located near the lots in c�ue�;tion• She said that many children played ir� the p�.rl: and thr�t; �das Ll�e reasaninc� in requesting that the parking lot not be locat:ed ori the 6��-1/2 lJ�y side of the buildinq• �, ' .�:, � ' ' ' ' f'L.A�df�,l7iJ(, CUI1f11':`;1011 f�i( I 1�IfJG — JL1fJf� f�� ]�`1'1`l f'A(�[� 4 t'Ir• Lar�c�r�rifelcJ w„n1.c�c! tr, I:r�ow it tl�� Fo�,t,cir' ; werc� rc�;�re�.c�nting everyc7n�� i.n Ll��E� r��i7hf�orl�iuucl or �u�;t tl�c�m�elvc�s• (1r• Fo�ter �airl t:h�L Lhey weren't repre:>�nt:in� anyone other th�an them�.�c�l vc�• H�� °;�+id th�t; he kn�w tf��t al l the other nei gf�l�c�rs didn't w�nt t� ;Ee any nore mult.ipl,e dwellings in the area, but that oth�r c��rnrnitments kept tPiem irom �ppe�ririg at tr�e �uni�c Hearing• Mrs• Foster s�id that she had talked to many of thc people on Riverview Terrace arid that they were agair�st any rnore rnultiple dwellings• She said that it had been deciaed that if multiple dwellings h�d Lo k,e constructed-, theri most of the �eople preferrc�cl tc� se� dunl�xes rather ihan apa►^i;i.��n� cor��J.exes• f1r�s• Foster also indicated that she dicari't feel thGi: ary variances should be allowed- t1r- Langenfeld pointed cut to th� Planning Contmission th�t; a very ,hazardous situation did exist in i:he area because of the abundar;ce of children ar�d f.he ar�cunt of er.isting tr�f i ic • 'Mr• Chandler �ainted out that thE rezoning woula be an upgrading of the present zoning• MOTIOtV by f1s• Snea� s�conded by Mr• Langenfel�, to clase thF Ipublic Heari.ng• Upon a voice vot,e� all voting ayE, t,he Public Hearing was closed at 8:0� P•M- � , !_J r � I� � � � ' i 1 Mrs• Schnabel indicated that she felt there was a definite har^�s!�iip on the petitic�ner in retaining the piece oi� property with ttdo separ��e z�nings� She said that the �act that talo of the �ots were zot�ed Commerical {C–LS} and were not iarye enouc�h, ir� themselves� ta canstruct as Comm�i�cial, she felt ti�at, h1r� �hancller had a serious hardship as to how to develop his property• f1rs• Schnabel also felt that a comm�rcial enterprise wouldntt be beneficial to that nea.ghborhood• She said that she wr�uld rather see a multiple dwelling of sc�ne type rather 'chan commercial• She indicated that- she was concerned about tlie traffic patt�rns, the si�e of the units, and the setbacks• She said that the residents of the n�ighborhood had a very legii:imate concern as to the traffic and the children, etc• Nawever, after careful cansideration, she felt that the following motian was in order• 7C : 7D MOTION by Mrs- S�hnabel, secc�nded by Ms• Shea, that the Planning Con�rnis�ion recommends to City Council tne approval of the Rc:oniny Re�ucst, ZGA �77-03, by C• D• Chandler: To rezone Lot 1,, C31ocl; 2, Juhnsun'� �iver Lane AddiL-ion, from R-1 {single family dwelling areas} to R-3 {multiple family dwelling areas}, and rezone Lots � and �, Bloc� 2, Johnsfln's River Larie Ad�ition from C-1S {loc�l �hoppi.ng �reas} to R-3 {multiple family dwelling areas}, sa these �hree lots can be used for trie construction of a row house developmert and/or townhoUSes, generally located between 64 ],/2 and flississippi Place, on the LJest side of East River Road-, with the stipulatior� that traffic ingress and egress be onto f1ississippi Place OtdLY� Upon a voice vote, (1s• Shea, Mr• Bergm�n, Cls• Sulirbier, and 11rs• Schnabel voting aye and f1r• Langenfeld voting nay, the motion carried• Acting Chairperson Bergman indicated that this would go to City Council on June 2�, 1977, and at that time a Public Hearing would be set• Mrs• Schnabel initiated a brief discussion about the use of traffic bumps in the neighborhood, especially along Riverview TerracE• Mr• Boardman indicated that thE City tried to avoid putting traffic bunps on streets because of the problems with street plows• 2• LOT SPLIT RE�UEST: L-S• �77�D5, BY f10RRIS J• LONGERBv�uE: Split Lot 28� Auditor's Subdivzsion No• 92, into three parcels as follows: Parcel I: The South 72 feet of Lot 2b {Sb95 Arthur Street N•E•}� Parcel TI: The North 72 feet of the South � �!4 feet {5875 A rthur Si;reet fv • E•} both as measu; ed at right argl�s of tl�e City of Fridley in Arthur Street N•E•� and Parcel III: That part of Lot 2B, lying North of the South 1,44 feet as measured at right angles to the South line thereof, together with that pGrt of C,ardena Avenue vacated, also subject to the rights of the �ity of Fridley ir� Arthur Si:reet N•E• and in Gardena Avenue, {7,494 �ardena Avenue N•E•}• Mr• Morris J• Longerbone of 1494 Gardena Avenue was present• Mr• Boaraman explained that the general lacation was at the corners ' of Ga�^dena �nd A��tfiur Sti^eet N-E • He said that the petitioner want.ed to split the praperty into three parcels, Parcels 1 and 2�aould be over 9,ODQ square feet; however, the lots widths would be ?2 feet ' instead of the reqi�ired 75 feet• Parcei 3 would bE an extra large lot size that would be well,over tlic 1,D�OUO square feet which was requii�ed for a corner lot• All th� parcels of land were � serviceable with sewer and water already in• Ne said that from the City's standpointl th�re weren't any problems• � � ' ..,..,. i 1�( /ttJ�11 fJ(� ( GI'ifi] `.`, ( !>(1 ��C f_T1 �!(� -- JIIi�F r' , )'l � � f1r�_>• Sct�r�.,I,c�J o,=�r�Lr.-�a tc, k.nc�w if tiin C.it.y f��-,c� �ny e��,err,r�nL� on t�rtt�ur c,r G�:r�•cJcria ��LrE�c,t,.• , f1r• Bo�-:rr);n�,n indic�:at��d that �11 tf��e scwer, w��ter, utilitie �, telephc,nc�•, c�tc- were already in i;hF� st;re>ets, sa that no easements would be rc�c�uired • �ir• Longerbone said that he would be tearing down the existing hous�s- Ms• Suhrbier wanted to know what price range the planned house would be in• f1r• Longerbone said it ��ould be approximately �60,000• t�r• L.ongGi^bone indicated that he felt he didn't need all the property since his far��ily was grown• He said that he wani:ed to split the Iots to s�ll so that I�e co�ld make his life a little easier• Mrs• Schnabel wanted to know which parcel of land Mr• Longerbone intended to build his home• �'ir• Longe�bone said he would build on Parcel ],- HE said that the �xistina hauses a!o:�ld be torn down before the sal� of the r�maining parcels• �i0T.i0iJ by is• Si�ea, seconded by M��s• S�h��abel� that the Plannir�g Cor�miss�.�n recommends to City Council the a,�preval of Lot Split Request: L•S• �77-05, by f1orris J• Lonc�erbone: Split Lot 2b, Auditor°s Subdivisian No•92� into three parcels as follows: Parcel I: The Soui;h 72 feet of Lot 28 {58i5 Arthur Street N•E•}� pGrcel II= the �!ori.h 72 feet of the Sfluth 14�► fee� {5875 Arthur Street N-E•} both as measured at right ar�gles to the South line thereof, subject to the f,ights of the City of Fridley in Arthur Street N-E•� and Parcel II2: Tf�at part af Lot 28, lying North of the South 144 feet as measur^Pd at right angl�s to the South linc thereof, togeth�r ��ith thai: part of Gardena Avenue vacated-, also subject to the rights of the City of Fridley in Arti�ur Str�et N•E• and in Gardena Avenue {1,494 G�rdena Avenue N•E•} witl� the stipulation that the existing structures be removed from tf�e property prior to the sale of that property• Upon a voice vot�, all voting aye, the motior� carried unanimously• 0 7E ' �...� ' 1 � ' ' ' � , 7F vncn�rrot� r�rn.�ir.�.�r, �nv ��7—n„ CTTY or Ft'IDI EY: .�._ __'_' r__�..._ V��c.<:l.c� Li��• �_.'� ioot r��.gl�t, c�{- wriy fc;r L�,I�c_�_;i�ir� (�oac! for c'?6 f�_�c�t un Lut ��, ��ucfi.tr,r�� Subdivi,,i.on FJo• ),QG, h��c,�u�e of a chanr3c� in _�tr�ei: p�ttei�n• {The City now h�� a 50 fout riyl�t c,f ��y for 73 1/2 Avenue th�at cul—de—��ac's on the �epl �i: o f f1arr.cn Terr�ce • } Mr� (3aardman er.plained tha� because of Lhe changes in the st:reet patterns th�L the Cit;y na long�r needed i:lie Lakeside Ro�-d rigl��-of-a�ay• He said that Lhe City would vacate �akeside Road right of ��ay; hawever that the City must retain a drainage and utility easernent over the ulesterly ],7 feet- Acting Cfiairpersor� Bergrnan wanted to kn�w alhy the City was as{<ing for the VGcation• Mr• Boardnan indieated that the City no longer needed the Lakeside Road rig��t ot" way • MOTIOtv by i�r• Langenfeld-, seconded by t1s• Shea, that the Planninq Comrnission recomrnend �o City Council the appr�val of VGCGtion F;ccjuest, SAV �77-OS, C::�ty af Fridl�y: V��cate the 25 foot right of way for Lak�side Ro��d for 276 feet on Lot 4, Auditor's Subdivision No. 1p�„ because o� a chanae in street pGttern• {The City now has a 50 foot ric�hL- of way for 73 ],/2 Aver►ue that cul-de-sac�s or� the (�eplat of Marxen T'errace•} with tFie stipul.�i��on that the City mazntain J�7 feet for drainaye and uti:t�.ty eas�rncnts over the t��PSterly ],7 i eet• Upon a vair_e ��o�e, all vating a;�e� the motion carried unanimously� 3A• RECOM�EhJVATION FOR $]„00� FOP SENIOR CITIZEt� WELL CLIt�IC {CAP} � MOTION by Ms Shea, seconaed by Mrs• Schnaoel, Lo remove this item from the Table• Upon a voice vote, all voting aye, the motion carried unanimously• Ms• S�hea said that the donation w�s being asked for the Senior Citizen �iel1 t?inic located in the North Suburban Family Services Cl.inic in Coon Rapids• P1r• Kline of 903� Jeiferson, CAP, gave tf�e background ir�formation on the Senior Citizen l�ell Clinic• He said that the clinic h�d been in op�ration for thr�e y�ars• Ne said the intention of t�ie Clinic �das to provide p�^eventative medicine foi� senior citizens at a very minimal cast to tftiern• �.:: .;., f'LI1NPd1.NG C:U11f11. ��1 (>fl �(�r• Kl i.ne indict�tc�cf to Lhc E�l��nni.nc� Comni.�:�ion th�+t all Federal a��si�L�nce cea�-�erJ �t, t.hr� c�nc! r�f June ),`177 ancJ the Clinic w�� on its 'own for �at ]F��'>L 7�1.', rn��nti��, Ut whicf� tirrie, po �sik�ly� Unitecl W�y would give i_L�; �u�-,�r�rt • H� ��jicJ tf�at tl�e i:ot��l c.�,h needs for tih�t ]��-man�.h �c�riod �lOU1Ci be ;.56,OOLl• He s�id th�t Anok� County had pled�r�c! ��2�,5L10• He ex��1�-�r�ed th�t tl��e attempt was heing made ,,'to r�ais� �],6�60D throuoh loc�l foundution�• He �aid that tt�e Senior Citizen Well Clinic was � �ount;y-Wide Program• ' Ms• Shea wanted to know if CAP had approached Columbia Heights• f1r• Klin� said that they had a ca11 in to �olumbia Heights, but th�t ti��e call had nat bFen returned as yet• ' t1r• Kline indicated that Coon Rapids had given �5,000 worth of �space and supplies• Acting Chaii�pers�n B�r�}�an wanted to I<now why anyone with Medicare/ Medicaid benefiits wou?d go to the Clinic• � Mr� Kline explained that f1edicare would not provide prev�ntative medicine• He said that the main purpose of the Clinic was to keep � all the Senior Citizcns in aood health• � MOTION by Mr� Lang�nfeld, seconded by Ms• Shea, to receive the Annu�l Ev�luation for the Well Senior C..itizen Cli.nic• Upon a voice vote, all voting aye, the motion car^ried unanimously• The booklet was received• ,�1r• LangenfE�ld wanted to know �ohere t,he Clinic was located• Mr• Kline respond�d that it was located in the North Suburban ,Family Practice Clinic at 1,323 Coon Rapids Boulev��rd, Coon Rapids• He explained that it was directly past Coon Rapids City Nall on Coon Rapids Bou].�vard• � Mr• Langenfeld asked if there were doctors at the Clinic donating their time•v � i � ' ' � �'Ir• Kline said that they hired the doctors because of the cost of Malpractice Insurance• He indicated that when the physician is hired, he brinqs his etdn insurance witi� him• Mr• Langenfeld c�uoted the fact that United Way would give support in 1`�79� he wanted to know if it was a^for sure^ thing• Ctr• Kline said that tfie�^e was no way of beir►g positive• He said that United (�tay had been to the Clinic and they had been impressed with what tf�ey saw• He <<��nt on to expl�in that United Way would have more of a supporting role IF it gives ii:s support at all• 7G r' �.: : _ t1r• L�:r�cj�-r�fc�l d,,:,I:c'c! it I"1r• I;1 irie w�as cJe�ling with Jerry Lewis• �� ''I ' 'i i Mr• Kl.i.ne s��i.d th�,Y. aie w�a�- f1r• L�anc�erif��ld �+�.nted to I:no�� if ��1r• Kline wa� going to h�ndle all ti�c� pr��erwork �.,nd forms I-iim:;elf - (�r• K�in� ;aid that he ��ould be handling all the paperwork involved• Ms• Sexhrbier wantc�d to know if the s�ni.or citi.zens went to the Clinic on7.y for a physical exanin�ai�ion and not far an illness- � �1r• Kline saici that. the Clinic was basically preventative medicine bu� that tre Senior Citizens could go to the Clinic and have a diaanostic ��lcrk-up .nd if so�ethinc� was discovered that requireci medic�::l Gttention, the person woulc� be irecommended to their r,�4�n physician for treatment• Mrs• Schn�bel expressed surprise that �56,000 was needed to run a �linic, feur haurs a day, fo�, i.��o days a ��eel:, for 1,8 months• She 5c�1G th�t �hat would equal niore than �3,Q�D per rnonth • Pir• Kline ex;�lainec; that the Physicians ��ei^e paid �40/hour• He said f,hat �!�o pl�ysicians t��cre working e�ch of the days• Fi� theii wenL on to F-�x�l�ir� the o�cher costs invol veG witi�� runnirig the clinic:, over and above th� wages of the physicians• f1r• Kline also pointed out that costs should be considerec! on the number of pl�ysical examinations that are conducted at the cli��ic compared to the cost to do them at a reaular aoci.or's offa.ce• He said that approximat.ely 1,�� s�nior citiz�ns pe� month are seen by the doctors at the Clinic• Acting Chairperson Bergman wanted to know if there were any provisions for fr`e transportation• �1r• Kline said that none of the money b�i�c� requested wauld qo to praviae free transportation• hir• Langenfeld asked if Mr• Kline was aaare of the fact that the Fridley's Lion Club had donated a bus to ;nol:a County• �1r� Klirle indicai:ed that he t�!�s aware of the bus but there was a problem in getting a driver fo►^ the bus• He said that the County was in the �rocess of establishing a Senior Citizer► Office that t��uld coardinate Senior Citizen F�rograms- he said that vnce that Office is imolemented and staffed, many oi the problems presently Ueing experienced by the Senior Citizens would �ie dealt witf�- � 7I � f1r• L��rigc�rife] d incli.c�:ted t;haL the FridlCy's Lxon Club h�ad donaL�d k t� for tF�c rimary ur ose of assisting Lhe a bu� t� Anc� � Coun J (� P P ;eni�r titizer�� nc1 }-I�nclicappecJ people in Anob:a County- Ne ' wrien �omeonc� �l�ante�c! Lhe u�e of the bu�•, they were to]d they pay �U•50 per I.�our• He said Lhat iL- had come to the point; Anok� County co�ald not agree about t;he way of h��ndlir�g the , the bus, then the Lion tlub w�s going to ask for th� return bus• s�id th�+:. had to that if use of of the t�1rs- Schn�f�el had conflicts because she felt the services provided for peapl� unable to financially have health s�rvices and other servzces was good, but she was disturbed at the cost of som� of those services• Sf-�e felt thaL the costs were way out of line as to the original inLent of the different programs• She said that as a tax payer one yets nore and more upset when they hear of the high cos� of those services �1r• Kl.ine said that L-he Clin�c Was oriyinally formed by a Coon Rapids wamen's gr�oup tl�at nee�ied help in funding• He pointed out that many tim�s �eople become �edically unable to take c�re of themselves and require a Nursirg Home of which, much of the monies neede� to run the Nursina Homes are pic4<�d up by the tax p��y�rs• He felt . that the Program wouldn't hav� to I;eep too riany people out of Nursirig Homes in ord�r for the Program ta breal< even• rr• Lanc�enf�].d pointed out that the Planning Commission should keep in mina �hGt at one poirit in timE th� �resen� S�niar� Citizens were tax payei^s and l�e felt that the Cornr�ission «as almost oL�.iauted to grant th� money being requested• In res;�anse to a qu�stion asl:ed by Acting Chairperson Bergman, �1r• K1ine i.ndi.cated that if a physician at i:he Clinic discovered an alarmir�g meciical problem, the person wou].d he encouraged to see their o�an physician immediately• He said that at that point, Medicare wou].d picN: up any casts for treatment of the medical proble�n• Plr• kline went on to say that appr�ox.,'_mately one of every five people s�en at tl�� Cl.inic Gre referi,ed to the:ir physicians for treatment• He said that the Cli,iic was id�ntifyinr� many problems at an early stage• ., Ms• Suhrbier asl:ed if the Program was orly for Anol:a Coun�y� Ptr• Kline said that they wauldn°t turn anyone a�aay, but tl�at it was mainly Anol;a Couni:y• He s�id that the plans tJere to expand if, and wl�en, United Way took over- i�ir• L.angenfeld painted out tha� even theugh the►^e ��as much concern ' about the casts, it shou�d be kept in mind that tl�e Commission m�n�b�rs would all k�e Ser�ior �itizens some day• Ne hoped that at th�t time �hat a Pi^onram such as this would be in effect• � ' ' PLAtJNTNG C0f1C1T�;S70FJ t1EETTN(, —,IIIN� 1�, ]�97? PA(E ��>> 7 J� � Mrs • Schn�bel wanted to know why f1r • Y.l i.ne h�d w�i ted so long be fr,re ' askirig for moi-�ey f rom Fridley • I f I�e knew th��L the money would be running ou�, why hadn't th�y st�rted soonc�r• ' t1r• Kline said th�t the stratec�y had been going on since August 1,976• He said that they pre�;ently h�d Anoka County committed and had �pproact�ed five different foundations• tlrs• Schnabel wanted to kno�a why United Way hac;n't been approached sooner so that they could have taken over immedia�ely rather than waiting for l,�i months• (�tr• Kline sai� tha� United way was obviously the major portion of funding source, but that United �lay �!as not optimistic about picking u� an operation immediatel.y following Federal assistance• United U�y wants t"e o�eration to be on its ou:n for a short time• He saica that the �ead tirne neecled to get; United Way support was usually two to three years- Mrs• Helen Deeg of 1,D6o South Circl` f�!E sGici that she had been on th� Advisory Board of the W�11 Senior Citizens for three years• She ind�.cated �cha� since the Comrnission had already hcar•d how the Clinic works, she thought, it would be inLeresi.ina for them to heai^ from a person who had been helped by the Clini:c• Ms• Hazel Hartman of 193 H�rtm��n C.ircle sGid that ��;en she went to the Clinic that the CiOCtUC` fo�;r�ci a soot on her face anc; that she was ulin� in P�Er leit eye• Si�e ��us told to s�� h�r o;�� physician rec�arding the s�ot on h�r face• She sai� that her doctor found the s��ot to bc s{<in cancer• He operated on the spot and� hopefully, got all the disease• She s�id that if tfie spot had not bEen taken care of at that ear].y stage the outcorne could have been much worse • SI'�e said that she had been o►�e of th� first pai:ients to us� the Clinic and that she had been back tt��o or three times since• She was real.ly satisfzed with the care given her �t the Cli.nic• She said that a person qets a thorough physical �xamination {the kind a pei^son would probably pay $90 for at a regular^ Doctor's Office}• Mr• Earl Deeg of 1,Q6S South Circle NE indicated that he took people to tl�e Clinic and otl�er places• He said tl�at he was also a Senior Citizen and mGny of the people f�e drives around could not get any place wii�hout help• Acting Chairperson Bergman <<�anted to know if rlr• D�eg used his own automobile along with volunteering his time• P1r• lle�g said tf�at he did get mileage when he br,ougf�t people to the Clinic, but that he dia use his owii car• � � ' ' � F'I.AfJf•JING COt1f1T�;�:f0�•1 f1ECTT�IG —�7UNC_ t�� J�`17? PAGC 1�� ('iOTTON by t1_,• Sl�e�, .�c�c�ncled by Mr• L�ngenfeld, that the Planning Commi�;�i.un rc�cc�mnerid:; f.o City Council t;hc ap��roval of ti-�e ;1,OD0 for the Senior Citzzen Well Clinic {Cl�P}• f1s• Hartman citcrd an�ther er.ample to the Cornmission when a friend af hers I��ad gone to thc Clinic and the doctors told her tu immediately see her physiciGn• This person ended up being in �he operGting room (�-],/� hour� to try to take care of cancer that had taken over rnuch of her stomach• I1s• Hartrnan said that that person was still around today• UPOPJ A VOICE VOTE� all voting aye, the notion carried unanirnously• Acting Chairperson Bergman declared a short break at 9:y5 P•P1• Acting Chairperson Bergman calleci the meeting back to order at 9: 2 5 P. f'1 - ' 4• RECEIVC Et�VI°Ofti�l1ENTAL QUALITY COM�IISSIO�� II�JUTES � f1�`�' 1,?-, ;,`i7 � i � ' ' f1r• Langenfeld referenced Pag2 4z-, the eighth paragra�h• He wantec! the sentence to reacl, "rr• Lar�genf�ld stated that if a member o�f the C��r,�mission cauld not cor�e to the mee��iny and be a partic? pating member, tl�en that person should not be a member" • MpTlphd by Mr• LanaenFeld, seconded by Mrs• Schnabel, that the Planning Commission receives the Er�virer�mental �uality Corr,mission minutf�s of 1�1ay 1,7, 1977• Upon a voice vote, all voting aye, the motior� c�rried unanimously• 7� Mr• Langenfeld wanted to know how one cou�d implemen� the pola.cy guidelines of thc Open SpaCe and Parl< Plar� {Page �7, second paragrap�}• ' t�r• Boardman pointed ou� that the guidelines in itself was nct an impl�mentation of the guidelines under tf►e Refere�iui�m He saici that it- would com� through the developr��ent of the policy anc! impl�mentatir�n• 1 (�r• l.angenfeld iaanted to know k�hen the City Council would hold the firial disposition- ' �Ir• Boardman indicated that there had been some delays on the proposed Parks and Open Space Plan but that the maps and revisea copies shoulci be sent out by the end of that week• � � ' � ' Acting Chairper�an Gergrnan felt that they had had a�eaningful discussion at the Com�nui�izy Developmeni; Commission Pieeting. Mr• Boar�man tf�ought that the basics of the plan were very sound and the basics were ►ahat i�as needed to start a discussion- _ _ � ' Mr• L<�r�r3c,nfel d c�i :cu::sed Lr�r� i��urt;h ��r,r�,grr,��f-� an ��a�jr� 3�, % � ^!{ll. of tl�e ��arks �lithin Lhr�t. ,,re�a w��rr_� within the r�ver corricJc�r �:�r�:�a, l,ut not �11 of �.I�E�m woulc� he con,i.derE�� h�vin� rivc�r recr•e�tiun r�vLenLi��l • I�,l��ncl�, uf f'e��ce, (1vhnorn�n Park, and ' prof��l�ly (�ivr�rview Heights, w��ulci r�r .T' I1r• I_��nr�nnfel.d didn't really i�hink Li�e City had tr�r,��ht af any tyF�rr of f1ar�ina Plan• ' Mr• Boarda��n responded thaL �.�� entire f1i�,i��i�-�pi Area was a critical ai�ea• He �aid that cert�in r��ulation� woul d I��a�•re to be �et up �s far a� restrictions, sei;bacl:•., etc• for th� ;�rotection of the Piver ' ar�d Lr�e �retection of recreaL�„n sp�.ces within that areG• For r�cre��tian purpeses, t��e ! ity re�;�uired .: r�l��n to cover the eri�;ical �rea�• Thi� pl�n w., . Lo include ar�y pr��po�als for ' City road us� or acccss to ti�� Kiver, clevelop�-�ent, of any recreation activities, that .�l��ulcl rel.�te to the �;iver• This was the pr,imary goal of the C��i_tical AreGs Plan• C ' ' , C II� � � � � ' , ' . � ' ' Plr� E3oardr�an also indi.cated Ll�,,t the corridoi� desionGtion in the City of Fridley was bc�i.�•j��n tl�e middl� of East River Road and the �lississippi River• 11r• LGnyr_rf�1G said th�:t the I,.si. River � c�c; Projc�ci: �o�.:-,;ittee t>>Gs lasina it� strength du� t�. the lac!< af o�� cf the mer�aers• He �.�aant�G to si;ress to �h� P1� no�i;�� Ce�:i�nissior t'nG� thc Environ�7c�ni;G1 Quality Conrnis�ic,n d�d noc :�Gve u s; ecific re�ort i�o mcet thc Planr�ing C��r;nission rec�uesi: as zo the s�op light prablems on 79th and E�:�•.� Riv�r RoGd ot��er th�n k�hat had bee� indicated in th� �1inutes uf �lay 1,?, 1;977� �c�i�ig C��air��t��son Qergma�� ex��l.ainec� tFiat tt�ere l�:ao b�en ari assignment from the Planninc� commissi�n to locl� at the problem raised by i.he Board of Appeal �.. ye said th�t �ommuni.ty bevelopr�ent had declined to accept th� assignrent, thereTOre, the Environmental Qu�lity Cu�n�nissa.on h�d i:aken it over and what had been �,�ritten in the inii�utes �1Gs all i;hG� �,�as available at tha� tine• P1r• Bergrnan asked if the Cor�m�ssian planned to drop the assignmcnt• t�r• Langenfeld indicatec� that i;he report ��lo�alc; only be delayed• h1rs• Schnaf�el fel� that the sc�cond paragraph on page �f0 should be braught to the attenticrn of i;he City �ouncil• She feZ� that it �oas the ^heart^ of th� mati.�r. It �ointed out that ?`ith was aoing to be a very critic��l crossing and t6ze fact or t'r�e Rldtt@t, ��as tti�t the County di�in't want to put a stop 1 ight at thnt corner• She said that short of k�riting a formal report, tha� �I1E best thing would be to have the Council's attention brougf�t S�P_C1f1Cc��1_)� to that {�aragraph so that t.hey could see t�l�a� the E�nva.ronmental Quali�y �ommission had cone up with regarding the East River �oad situation• f1r• Lane�enfeld said that since it ��as already in the minutes, it should be adequate• _.__......_.�._.�. . , . . I t1r• Boarr�m�an indic�;ted that if the Pl�inning Commission felt th�t signalization was n��eded at 79L-h and E��st River f;o�d, then they should m�kc� a formal motion stating th�t atter the study of the 7`3th and C��st River f�oad intersection they felt that it would be important Lo have th�t signal• f10TI0N by t�li^s• Schna�el, seconded by Mr• Langenfeld, that based on the stucly done by the East River Road Project Committee and i:heir repor�� to the Environmental QualiLy Commission on 05/17/?7 that the Pl.anniny Commission recommends to �ity Council that a traffic light be placed at the intersection of 79th and East River Road as a,uickly as possible• Upon a voice vote, all voting aye, the motion carried unanimously• Mr• Langenfeld said that he had been requested to be the Ch�irperson of the East River Road Project Committee but he felt it �JC�ul.d be a conflict of interest for him to chair a Projeet Comrnittee in �ddition to the Commiss�on• He wanted cor�firmatior� of that staternent,• (�r• Boardrnar� said that there was nothing in the prdinance that said a Cl�airperson couldn't c��air a Project Comnittee- fir• Langenfeld discussed the Noise Pollution Model Ordinance• HE said th�t the Environmental Quality Commission i�op�d to have a sp�ci�-1 �rogram regarding noise pollution at the July 19, 1977 tn��ting• H� felt tnat the planned �rogram would be very informative and he urged the nembers of the Planning Commission tc, pl�r� to �ti;end• Pir• Langenfeld wen�c on to say tnat tne Program would incl�c�e all the present r�gulations on naise pollution• He also indicat�d that from the presentation a person would become familiar with the terrninology used when noise pollution a�as di.scussed• At that point there w�s a di�ucssion on what a decibel was in regards to naise pollution• Mrs• Schnabel +�!anted to knoal if the plan was to come up with a Noise pollutio� f1odel Ordinance for the Czty of Fridley and why the State and Federal Controls weren�t adequate• Acting Chairperson Gergman said �hat if Fridley had a noise `` ' pollution ordinance, it wou�d probably be more strict than the St�te or Federal cor�trols• , ' � �� ' , The►^e i�as much discussion amc�ngst the ;�lannir�y Co�n�i.ssion on noise pollution as �o�ll as the manners of enforcement• That discussiori also involved the present f�oise Barricrs located on IntersLate 694• � 7 (�! �_.. , .,v-- .� PLAtJfJIWG COt1t1ISSI0�d (1ECTING — JUf�JE 3, 1,97? PAGE ],� % i�i i , — - , S• RECCT�IC f��'!'S A��JD R�CRE/tTI�PJ C0�'1f1ISSI0N MItJUTES: 11AY i' _±, ��,��r r ~ f1rs• Schn��bel wanted to know if anyone could go on the �une 23, 1�`17?-� tour of all Lhe �arl: facilities to see what was being done �,nd what tlie parks had {Page 4b paragraph F}• f1r• E3oardman commented that he �das sure anyone from the P1�nning C�.��rnis�ion could go on the tour• (�r• Laric�er�felc� w�nted to commend Mr• Peterson on his statement m�.cie on P�,r� 47 ; paracr�,ph 9, ^•• i:hat he �=p;�reciated having some of the neic,3h��orhood project cornmittee me►nbers attend the meeting• This was a wo��l:ing pl�n and it wUs the i<ey� thing in trying to put tagcth�r � systcm tl�at would give everyone in the City an opportuni.ty to enjoy recreation, r�o mati:er tdhat it might l�e"• t1r• L��ngenfe�d wanted ta l:now if the P�rks � Recreation Comr�ission was p�.Unnin� to meet with th2 Rice Creel< W�.ter Sh�d District• Ms• Suhrbier said thai: th�re would be a meeting and the Planning Cornmzssion ��Jaul� be invited• f`ir• Langenfeld wanted to know if the meeting would get invo'lved with the prc��lem regarding the dre�dging of Lock�e Lake• �1s• Suhrbi.er said th�t she tho��ht it would since it was planned to be a tot�l report� MOTTCN lay i�s• Suhrbier, seconded b� (i!^s• Schnabel, thut the Planning Commission receiv� the par{<s & Recreation Commissio�� ptinutes of May 23, 1,977• Upon a voice vate, all voting ay�� the motion carried unanimousl��• Ms• Suhr^b�er discussed the Land �lan and stated that she felt the City o� Fridley ne�ded to conr�ect the present parks with a bikeway syst�rn rather than acquiring n�ore land• There w�s mucf� Ci15CL155101'1 at that point regarding the biketaays and the City's present plans• Acting Cfiairp�r•son Bei�gman suggested thGt if tP�e Planning ' �omriission had any definite suggestions/recommendations that tney Ue docum�nl.ed in the minutes so that he would be able to take them back to the Comrnunit:y DeveJ.opment Commission so that they , can be revie�aed by the Bi4<eway/l�►�lkway Project Committee so they can be discussed at the next meeting• I ' ' • /� II' 6• RCCEIVE COf1�1UPlITY DEVELOf�MCNT CUf1�1ISSr0�,� P1ItJUTES: MAY c'S� ]�`17�r ' f101'ION l�y f1r• Langenfelcl� seconcJed by T1s• Shea, i.hat the Planning Comrnission receive the Ccmmunity llevelopm�nt Commission rninutes �� of t1ay 25, ],977• Upon a voice vote, all voting aye, the motion carried unanimausly• ' Mr• Bergman indicated that most of the Conmunity Development Commissi�n mecting dealt wii:h the reporL by P�1: G�bel, the Chairperson of the ;ign Orainance Prcject Comi�ittee� �� ' ' � ' � Mr• Langenfeld o�anted to commend �1s� Ga��e�. on h�r work• P1rs• Schnabel said thaL- she knew Ms• Gabel had put a lot of personal tine into the report• 7• tOf�!TTNUED, RROPOSED i1AIPJTEN�PJCE CODE It was decided that tl�e Rlanning Commission would hold a Workshap after the formal adjournment of tl��e June 3, ],977, Planr.ing Cor�rnission meeting• 8 • OTHER BUSIt�lESS ftrs• Schnab�l said that she had read 1'1r• Qo�rornan's report on the Hyde I�ark problems and thought it was CXCCLLEt�"f • S��e hic�hly cornmended i'1r• Boardm�n• There was a c�uscussion reyarding iche Nyde Park Report� the m�eting that had beer held, and the outcome• Mrs• Boardman indicated that there was a r��tition submitted to r�zone the H�de Park area back to residentiGl• He said he thought the decision was going in that dirECtion• �14TIOf� �y Ms• Shza, seconded by Mr• LangenfeJd, to suspend the rules and e1e�t a Vice-Chairperson before ItEm 7• Upon a voice vote-, all voting a5�e, the motion carried unani_nously• f1r• Boardman said that a Vice-Chairperson had to be elected annualZy• He indicated that ;�1r• Harris was the �hairp�rson• P1�TION by 1`ls• Sh�a-, seconded �y fls• Suhrbier to nominate P1r- 6ergman as Vice-Chairperson or the planning Commission• Upon a voice vote, r1s• Shea, Ms• Suhrbi.er, Mrs• Sc.hn,.bel, and Mr• Langenfeld votinc� aye•, Mr• Bergman sustaining, the motinn carried• ,p._� ADJOUf:tJ(1C�JT: f14TI0tJ by �1 �• She��, seconded by Mrs • Schn�bel, that the pl�nninc� �omr.�i�,�.ion meeCir7g of June d, 1977, be adjourned• Upon a voice vote, all vot;ing aye, the motion carried unanimou:,ly • Acting Chairperson E3ergman declared the Planning Commission meeting of June 8, 1i77, adjaurned at 10:25 p.M- The Planniny Commissior� h�ld a worl<shop on the PROPOSED MAI�TE(�J,ti��lCE CODE after th� formal adjournment of the June b, ],�77, Planning Commissian meeting• Respectfully submitted, � �%, �Ci./�!*�,��°.;:_.- �.�...�r.r�,'�� Mary�ee C�:rh 11 Recoi^ding Secretary 0 e. 7P � ��., , � r. ,i �,� �! 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'r 2 ^• 3 I� s A f ;.��f,:? � � . \ ,Q ,? 7 � .. •d-JiAf . ^ !� ,'t% `, (a,(v% r : � � „ . ��w r"r, rw�iP �: � � � �7 , ' (i't1dU1 1 ` rdr 0a� '��'�"`� �4� � . �` rfennPa� � �`` . . ' -. 1 ; � � � , 3�;r i Cs. f w ; , �°_ i � ; a ` �`{t�..,.t , . ; 3 � 31 , ;,�,, ; � �5�� if3•"� (F_6C) I � g � T � � 5 ; '? �! • � `l � ( ' I � � � � a� � iV�. 129 ; �r-t;J ti 'V�. �� C7 . _"+�Lt�+w�'! .�f rr.�l.� iv�n 4`JSJ . �..lf � ,• � `f - _� . . _ .. . .. � � I \ 7 ' •<� I . I � � . , ... ' {' ` `---� —"'-_... _ . . . . _. .. . ..._..�.. .. -. _. __. ._ . • . . AVE.--- - � _ _. � , �. �b. �---_._ . . _ _. - --.--,_ . _ _---�---_ .___ � � , ,. T ,- E//4 CORN .FR ' � SEC. /2 ' ' • CITY OP FRIDL�Y CATV COMMISSION MEETING, ?�iAY 31, 1977, 7; 30 P.P1. Pa e One CALL TO ORDI:R: ROLL CALL: Chairperson Scott called the meeting to order at 7:30 p.m. tdembers Present: Scott, Brennan, Kaspszak, Elanding, Dunn Members Absent: None Others Present: Clyde D9oravetz, Staff Represent-ative Anne Davis, State Cable Commission APPROVAL OF CATV MINUTES OF APRIL 27, 1977 MOTION by Dunn, seconded by Brennan, to approve the April 27, CATV Commission minutes as written. Upon a voice vote, all voting aye, the motion carried unani- mously. I. OLD BUSINESS A. Public Hearing on Proposed Changes in Ordinance Scott stated that everyone had received updates on the ordinance and that housekeeping changes were all approved and will be in force in about 30 days. B. Additional Changes to Ordinance � S�ott talked to Douglas Hedin and he is working on a proposal for pay cable. Scott stated that Brennan had asked that on motions made last time on ordinance sec- tions not originally iric�uded in Iast packet, passed by the Council, that everything was properly prepared before submitting it. fie stated there were four parts, ex- cluding pay cable part, and it tivas not made clear at the last meeting whether or not to go to the Council with both parts jointly or go separately--�he pay cable part, at this point, would not be an addition to the Ordinance, but rather a brief to the FCC--this needs to be clarified and a decision made on whether or not the wording fram the original ordinance changes, is still w}�at is wanted. ��lien this goes to the Council, Scott asked for high attendance from the Cable Commission because he expects much discussion by the Council in view of opinions they stated at an earlier Commi- ssion meeting. Scott asked for discussion on whether t� present both parts to Council or intxoduce the ordinance changes dealing with access separately from pay cable? Brenna�i felt it should all be presented at one time and Scott then stated, that without a motion they would plan to wait for pouglas Hedin on the pay cable proposal, before proceeding on the presentation to the Council. C. Access Study Scott stated that on the access study there reall.y liad not been much headway. ' To date, information had been received from the Anoka County Communications INork- shap; they have by-laws from the Commission, the survey on citizens opinion; survey to community organizations is still up in the air--liaven't decided whether or not � to contact them or how; liistory of negotiations hetween the City and the cable co��any--can pull out some records tllat we have; liave san�ple of community partici- pation in access, £rom Bloomington study, and eight or nine answers to c�uestionnaires on access centers. ' ' • � CATV COMMISSION MEETING ?t�Y 31 1977 7:30 P.M. Pa e Two Scott stated that Chuck Hungerford would not be attending the meeting, so they could not do the part about company position on access. Scott said they have information from schools, the library, and Clyde can give information from the City,sibout equipment owned. Stiil need to contact City, Iibrary and schools regarding their financial support, willingness to co- ordinate, possible support materials and supplies, office materials, etc. Right now, the biggest thing is whether or not to contact community organizations. Discussion followed on whether everyone felt the access study should be continued. Scott indicated that the only thing that had been completed was informa- tion received fr.om other communities on what they had been doing in this area. Access study was to have been completed by the end of the summer. Brennan indi- cated he felt it should be continued. MOTION by Dunn, that they disregard contacting the organizations, seconded by Brennan. A vote �aas not taken on this motion at this time. (Motion defeated) Scott stated that it is now necessary to contact three possible sources of some matching funds, materials, }iousing (which would be schools and library) and are ready for a couple of people to write a letter to the schools and go to a school board meeting; the same to be done for the library. He stated the Commission was looking for the City's feeling on whether they would like to see an access groun; whether character generator is type of access, and that school, City and library may all have different ideas on how they want to use access, i:oravetz stated there had been some discussion of putting money in the bud,get for character generator. Pro- bably the money �vould be put in cable budget or perhaps, the public information budget. Kaspszak asked who controlled the public information office and was told that the City Manager dces. Scott appointed Brennan and Kaspszak to contact school board and attend board meetings. He stated he tiaould contact the library and he appointed Blanding and Dunn, along with bforavetz, to contaet the City with questions such as: are they willing to give staff time, office space, kind of equipment, etc.? Scott asked for a vote on Dunn's motion that they not contact each individual organization. ' �aspszak felt that in publicity ought to be put out ma.iled out to everyone telling J ' lieu of not contacting organizations, some general through existing medium and/or a general letter be �hem that Commission invites advice, criticism, etc. Nloravetz stated that the July Newsletter could be used to inform the Fridley citizens and organizations of t.he access study. The City rianager should have material for publication by June 3. �toravetz indicated that this newsletter goes to all homes in Fridley and most organizations would be represented, this would constitute a contact of orga�iizations. � Kaspszak was in favor of this, and suggested simple language explaining why the study is being done and explaining the tlie Co�TUnission is seeking voluntary in- put of individuals and organizations, irrespective of who they are or what they ' represent. Scott asked if that could be done as an amendment to Dunn's motion, and ' Kaspszak indicateel that he would prefer a whole new motion, whereupon, Scott asked for a voice vote on Dunn's motion, which was defeated, � ' 1 �I �J , ' � ' ' u , ' � II �� i . CATV COMMISSION M�rTING, t1AY 31, 1977, 7:30 P.M. Page Three MOTION by Kaspszak, that chairman draft letter of approximately 100 words to be submitted to July Fridley Newsletter, that will in essence cover the following points: 1) purpose of access study; 2) statement that cable TV is seeking voluntary input irom individuals, groups and organizations regardless of size or purpose, indicating their interest and participation; 3) all information to be submitted no later than July 30, to Cable Commission, c/o Clyde Moravetz, City Hall, fox in- clusion in the access study. NIOTION seconded by Brennan, and upon a voice vote, all voting aye, motion carried unanimously. Scott staied other portion of access study will not be done tonight because of absence of Chuck Hungerford of GTV, but this will appear on tlze agenda for the next meeting. II. NEt� BUSIN�SS A. GTV Proposal £or Support from Co�runission Scott stated -rhat Council had endorsed the letter frrnn Chuck. Hungerford a�king for support of GTV statement. Moravetz stated he had nat seen Council minutes regarding this decision, but they should be available this week. �is- cussion followed regaxding hota the Commission should 'nandle this. Scott stated he supported the idea that the City of Fridley inform public of services of cable TV and Kaspszak said he was in favor of the concept of support and that a statement would require specific wording. T90TION by Kaspszak, seconded by Brennan, that the following letter be sent to GTV asking that they either use all of letter or none of it, letter as follows; upon a voice vote, all voting aye, motion passed unanimously: "In the interests of fostering and promoting the general educa- tional concept and purpose of cable television within the City af Fridley, the Cable Commission supports the continued growth of this medium within our City limits." i Because General Television of Fridley has indicated a willing- ness to advance its educational cable endeavors, the Cable Commission concurs in this general approach because we feel ' it is important that Fridley citizens be informed of the educational opportunities available to them." ' ' � � "The Fridley CATV Commission wishes it to be known that one aspect of cable television is its potential for inexpensive community-centered informational and educational programming. The Fridley Cable Television Commission supports GTV's efforts to inform the public of the potential uses and public involve- ment in this aspect of local cablecasting. 'This statement does not constitute an endorsement of any programming by General Television." �� ' CATV COMMISSION T41iI.TING, 11AY 31, 1977, 7:30 P.M. Page Four P-loravetz will send a cover letter to Chuck Hungerford, GTV, indicating that the above letter was approved by the Commission at their May 31 meeting, and i£ they wish to use this quote in its entirety, they may go ahead. B. Lea�ue of Cable Commissions ' MOTION by Dunn, that Commission draft a letter to State Cable Commission supporting concept of developing league of cable advisory groups and the the Commission is interested and would be willing to send a representative to help ' organize such a league. Motion seconded by Kaspszak, and by a voice vote, all voting aye, motion passed unanimously. Scott turned the task of drafting the letter over to Ilunn. ' C. National Federation of Local Cable Programmers Dlidwest Conference- Dubuque, Iowa - June 4 and 5, 1977 ac ' Scott stated that he and Moravetz had discussed the idea that the Commission xeceive tapes on anything coming out of the above meeting, but no one from the Commission wz21 officially attend. , i-10TION by Brennan, that staff draft letter asking for information on meeting of National Federation of Local Cable Programmers A�Iidwest Conference, June 4 and 5, ' 1977. Motion seconded by Dunn, and upon a voice vote, all voting aye, motion passed ananimously. Moravetz will send a letter requesting this information and ask the Federation for advance information on next year's conference. ' III. OTHER BUSINESS ' � � �' ' A. Budaet Rec�uest for 1978 Scott siated that as of A9ay 12, the Commission had spent $1,950 of $6,160 budgeted for 1977 (total budget asked for 1977 was $8,770). Fte stated last night, that the Commission had to come up with a budget for 1978, and a request that any funds not spent be permitted to be carried over into the following year. :�foravetz stated thai it �,till be possible to get an idea of what is left sometime in November, and then it is a matter of filling out encumbrance request for remaining funds. The budget was reviewed item-by-item and the following is requested for the 1978 budget: Personal Services: Office Supplies: $4500 - Foresee this going up with inflation. $200 - projecting possible participation in a leadership role in League of Minne- sota Cable Commissions. ' Professional Services: $2000 - foresee some briefs being submitted to the FCC during next year dealing with pay cable and will need an attorney who is ' kno►aledgeable; also includes any kind of consulting costs. I ' � ' Communications: Printing and Binding: $100 - vot increased. $600 -/1t this point worki.ng on access study to be completed soon. . � CATV COM�tISSION MEETING, MAY 31, 1977, 7:30 P,ii. Page Five Dues F� Subscriptions: $100 - Incr.easing number of possible memberships, printed materials needed to keep informed on the changing industry. Travel F, Conferences: $1200 - Because of the worthwhile experience the staff had at Nat'1. Cable Conference, Chicago, and also 2 or 3 other worthwhile ones: l) Nat'1. Cable TV Conf; 2) Cable TV Information Center Conf; 3) Nat'1. Fed. Local Cable Programmers Conference (access). Total Supplies �, Services: $4200 Gxand Total: $8700 Scott stated that above documented budget will be submitted with a note to the City of Fridley indicating that it is as finalized at Commission meeting of May 31, 1977. P�TOravetz indicated there �aill be revenue also from GTV and suggested there should be a cal.l to Chuck Hungerford around October l, to see what GTV will be paying. N�TION by Kaspszak, seconded by Brennan, to approve the above figures for 1978 budget and upon a voice vote, all voting aye, the motion passed unanimously. B. A�pointment of Vice Chairperson ;�40TION by Dunn, seconded by Kaspszak, that Brennan be appointed Vice Chair- man of the CATV Advisory Commission. Upon a voice vote, all voting aye, motion passed unanimously. C. Date of Next Meeting Date for next meeting was set for July 6, 1977, at 7:30 p.nl. D. FCC Commission Hearing June 21, 1977, St. Paul State Office Building, an Franchise Standards Anne Davis, State Cable Commission, announced that there would be an FCC Commission hearing on franchise standards on June 21, in the evening, which will include access and she thought that Commission members might be interested in commenting on this. 1Vritten comments may be submitted up to t�denty days after tlie hearing. Dioravetz has a copy of the notice of the hearing - it will be in Room 83, State Office. Kaspszak suggested a meeting with Douglas Hedin to seek comments and sug- gestions from him to send in on this llearing, and it was agreed that he and Dunn would arrange to have a luncheon meeting with Dir. Hedin on the matter. Scott stated that lie would be making some notes on his own, and asked that all comments be sent to City Hall, c/o Clyde Dloravetz, by June 15 or 16. ADJOURNntENT : A90TION by Dunn, seconded by Blanding, that meeting adjourn. Upon a voice vote, a11 voting aye, motion carried unanimously and meeting adjourned at 9:35 p.m. ' CA1'V CO�tMISSION 1�9r�TING, �1�Y 31, 1977, 7:30 P.PA. Page Six � Respectfully submitted, ' .�L,+._.k� �"�t�'� . . �►�--ti :�'�-�..�., ' Verna M. Gore, Recording Sec etary � ' ' ' , , , ' 1 � � �I'! , � I_ l �' � CI'I'Y 01� I�RIDLIiY " IF;A10 RA:� DI 1�1 ;'L'b10 'I'0: MEI�iO FROT1: Nasim Qureshi, City 1�lanager Ftichard N. Sobiech, I'ublic l9orks Director i�ATL' : June 17, 1977 SUBJF.:CT: TRANSFER OF ROADiVAY RIGHTS OF NORTH INNSBRUCK DRIVE EXTENSION TO TIIE CITY OF NEi"7 BRIG�iTON Please be advised, P�r. Donald Lais, City Attorney for New Brighton, has reQuesteci a time period at the Council meeting of June 20, to discuss the transfer of easement rights presently under the jurisdiction of Fridley to the City of New Brighton. ^.ttached plea� find, a Deed of Appurtenant Easement dealing �aith certain roadway rights the City of Fridley has in New Brighton, to provide an outlet for the Innsbruck area to Silver Lake Road. On paoe two of the doczzment, there is an indication that at an appropriate time the City of Fridley would convey to New Brighton easement rights of the roadway. It has been the �esire of the City of Fridley to encourage New Brighton to improve the existing roadway and take over its permanent maintenance. �t this time, Ne�v Brighton is in the process of constructing utilities with anticipate�l completion of the total stree�t in the summer of 1978. �:t this time, after appropriate discussion with D4r. Lais, it would be ' in order for the City Council to consider transfer of the roadway ease- ment rights. �Ir. Lais will be in attendance at the Council meeting to further discuss the situation. ' , ' � ' , ' �J � _ LAIS, BANNIGAN & CIRESI. P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING DTH AND CEDAR 3AINT PAUL. MINNES07A 55101 DONALD L.. LAIS JOHN F. BANNfGAN, JR. JEROME D. CIRc51 PATRICK J. KELLY June 16, 1977 Mr. Richard Sobiech, P.E. Director of Public Works City of Fridley 6431 Univer5ity Avenue, N.E. Fridley, Minnesota 55432 Dear Mr. Sobiech: 9� AREA CODE 612 224•8781 I am herewith enclosing a copy of a proposed resolution that I w�uld ask be adopted by the City Council of the City of Fridley so as to give us official docLUrnntation of the right of the City of New Brighton to construct sanitary sewers, watermains, storm sewers and pave the street under its normzl policy. This wr�uld mean tha.t the City of New Brighton wi.11, at the end of this year, st�grade the elevation of the street and fill it with nine inches of crushed rock base and maintain the crushed rock road for the re.mai.nder of 1977 and alsa into 1978 until a perm�rient bituminous surfacing,curb and qutter are installed and thereafter as a public street of the City of New Brighton. As you lrnow, there is a substantial history concerning Innsbruck Drive and the City of New Brighton going back a].irost as far as 1970. It naw appears that the City of New Brighton is developing Palirer Drive with an access unto Silver Lake Road thereby eliminating some of the proble� surrounding access unto Silver Lake F�ad through Iru�sbruck Drive and the problel-n of maintaining Innsbruck Driv�e . I believe that the attached resolution wi.Il be self-explanatory, hawever, I do expect to attend the meeting to answer any questions posed by the staff or Council. Thank you for your consideration. Very truly yours, I,AI�, SANNIGAN & ,,CIRESI, P.A. , J! �t `� � J' �` ,�,�� 3��, �, Donald L. Lais ALL/dw Enclosure P.S. I am also attaching a copy of the Deed of Appurtenant Easement given by l�jolo, Inc. • � I2�:�xn,Urir,': ,�o. S�rr„��: ��t� :,i:�.Jr;:;rri�n CYh:::J'��' �)i�' I,:��:� �I:P, C7`1'Y 01' I'I:l Did:Y IZI.Sr7LSPION C)I' `PiIE Cl'I"�C Or FRIUId:Y I�L:I:I'I�lI�:1NG 'PU TIiE F'OI�,Cx+7I.NG DL:SCI2TB�D I'I�C)F�I;IrI'Y, `In—�v1T: Co�nci ng at Lhe ��uthe��st corner of the So,_�th Half of the P7orth Il�lf of thc Northt.;zst �h��rtcr. ai tt�e South�,r:?st Q�iarter oi said Sec�ion 19; i-t�ence Nori1� ��long the Lc+,t line of thc Sc;�thwest. �Taarter o£ said ;,cct-ion l9 0�� an assun-,.d L-�car.ing of N 0° 1F3' 0�1" L for � ui.:;t<.nce of 33 feet to U�e actual point of beqSnning of tl�e centerline to }� di.scribed; t.hence N f39° 59' 33° I4 naralle]. wiUi the Soutli line of s�aid North IIa1 f of i1:e Soui h�ti�est Quarter. for a distatice oF 1359.17 ieet; ihence on a t��qential curve to the Zeft with a radius of 33I1..58 feet for a distance of 399.51 feet; thenr.e S. 83° 05' 93" W, tanq�nt to last c3escribed curve, for a distance of 470.91 Lc.ct trpr� or less to a point on the ��st line of the Southwest �?uaT-ter of said Section 19 , said point }�eing 705 feet Soutli, as m�asured �lony said West li�ie, from U�� :orth�Yest corner of the South- west (luarter of said Section 19 and thei:e terminati.ng. t�'i-IF;RE?S �he City of ATe�o Brig':ton wish�� to construct Palrmr Drive over a�arEion of the �-ibo�,�.-.�escrib�d easem: nt ?_n accor�3nce with its normal oolicies of installing seJzer, wat, r, urderc�round utilii:.ies and then a nine inch crush�d rock surface tliroug':�out one wiizter and ;�aving it and puttuzg in curbs and gutter the followiny year, �id .��It.I�S the t.erntis of the r�q-_e��nt dated the 14th day of November, 1970, between 1'ojolo, a limit.ed p��r? r,�>�.•snip, Acres, Inc. , a f�linnesota corparation, Rociney T3illman, Inc. , a Diin;l;�sota corporation, and the Ci.ty of Fridley, provides that a party of th� first p�rt as cwner of the property co:�s��nts to the con- veyance or dedic�tion by parties o?= t11e second part of said eas�m:�nt to the City of Ne�v L,r-iqhton fcx road pur�oses; aiid a].so consents to the use of said ease��nt for road pu~ooses by th� City of Fridley. Be it hvreby resolved that the City o£ Fric7lcy rlocs }zereby consent to conve.y any and all of its interest in said road easc��,:�nt for the pui�se cf constrt�cting and n�iiltaining a road oil all or �rt of +�i1r. ai�ove descril-x:d pr.o�,rty to ti�e Cit�� of Ncw Brighton, forn.erly kno:•m as the Villa,e of New Brighton, and I'tTR'I'III;R I�I:SOI:��-'L5 that ttle appropri�te city officials are he��by authorized and diy��cted t« et�:�tit.� �}« d�liv�:r aily and all deciu�nt-s neces>ai�y to accc�lish the aforesaid cnd. A`Pt2:�1': _..---_._____.__.__.__. _-_._—. __.'----_.__ �- <<`I'}.—`j't'C\1::U1��`C lst:ni,) � rk,yor 1Sl:l�)�'I' ,„... _. • . � , �.,. f , y'. � �. �?� �� . •�• ,i , w , -� � ^'7 c� � � .i � � �: �y f� . ......i 1—� i :�.1 .•� t � � a .' • �: ,i 0 n��;:o c�r nr��l�r;•r��,�,.�rr r:n.�;r:r�;:::r � �l.- � T1{IS I':U�'„L`::E c❑acle and entersed inCU thi� /''/. day of l-+j-�-..-%�� 1970� by :�_id betw2en 3;OJOLO, a li.mited part:nership, };y John P., Johnson, General Partne:, �;ran[oY, aiid�E.Ci:ES, INC., a:U.tinesota corporation, FOn:iEy IIILLPtA:�� I;ZC., a tIinne�ota corporation, and t.hc CITY Ul' Fi:IpL�Y, orantees, W I T 17 F. S S E T N : TlfAT 1,li�P.�AS said �rantor is the a�aner of the tract of land in t�e County of R�^sey� State of "fi.r.nesota, viz: S'1 of N'4 of :'�'4 of S1,1'-�„ subject to porti.o:� taken for $IZ\'CT 1.3::C j:i�:ic�•� i��4 O! 5�1�� Uf i�t.�� Of $W�`.� and N 3/4 � . of til�'� of S:;'-,; subject to p^T t;:�� ta}:en for 14Ch Street P"•7, Section 19, To:�r.stiio 30, F.�n��e 23� � consistino of a?pror.i�:ar.el�� 35 acres and said grantee Acres, Inc. is the rnm�r ef the tract of land in the Cow-�ty ' of Ano'.ta, State of .�,innesota� vir_: . Tt�aC par.- of t� e$$_ Quarter oF Section 24, To�anship 30, Range 24, consistin� of approxir.»tely 120 acres ". 4n� s�id �ran�ee Rodnep 3illnan, Iac. is the ouner of tre tract of land in ttie County of Anoka, State of. i,innasota, viz: Lats 4Q, 45, 46, 49, 50 and S1, F,uditor`s Subdivision � tr'o. 92, Consistino of a�pr.oxi�tatcly 12 acres w}tict� adjoins said la�d of said �rantor on the west; and said grantor and grantces have ;:;:r2ed ul.on the easetr.ent hereinafter de;criLed: n0'�,', 1i:rP.EFO�, [he saiJ �r•ai�tor in consideration of Oae Dollar ($1.00) and pther Goo1 a:id Caluable Censid;�r�tior. to it in hand paid by said g:�:�cees, r�eeipt o`_' �:•aich is hereby ac::::as:led�ed� aad other �oe•? an3 valuable coa;ideratic�, herei, '�ynts to,� waid gr:+n,e�s� their successors anu assi�ns, an 'casc;,�._ n _t f<,; � r:o.�t� ro;d nt:r;��r.: �::•er a.;:ia of 1:cr.J s . - i::t� -sis feeL in ::ide': ?.>c.it�d iii t;�� ':,,r�': :,.,': uf �.._ ,o..•i:��sc Qua:ter of Section I9 . -,,_., y_ _ � _ ,, ; .:nt n•... ,,..,ir�; , ► , _ _ ;'� - .v .� � �.l_ '; � ; _ -�� , — — �i_�_ r__ ;�.�-A � \ �L.��, •�� f` .\1��,'.' 1 1l . ' \ 'l�� \ ( � � � \ ..;�,, ,�_., �,� T�,i��S; �R R[C�1'� �j .``---��.. _�.1 �,.� / .., _ • , :�.f� -._`_:��,.. .. ' r . - /,r .. -� h _ ��.1�..�/i �'�� 1��'. 9C 0 ^-- ..-�-...-.____...-..�. .. -.T.._.............., � � f +� r j ( �'• � � - . r; � . � ' � ; ' . � ---•--... ,.........,�._ , .. . . :% � T. X .. . , _ . . . " , • • . .. . _......_.k _.-...-......_,.__....-__......._. ..�.._..._......_._. ._;.._ .� ' i ' 0 ' �J Tourship 30� ?:�r�F;,� 2:,, Prx�c•c;� Co�nty, .;ir.::esot.^., t};e c�: Lerli�;c of ��,�ich is de�cribrd as follcl:�: v Go:-a-.cnci.n�; .�t the Seuthcar t corncr or [l:e �ovtn }Islf of th� ::ort}� i:r.lf of r'..e t:ort;�east Qua:ter of the �oLt'�::est .�.� �u:_rte: of sai� Sec:ion 1��; t'.'er.ce :•:ot•th alo:iF� tl�e East L`<<( linc o£ r.iie ;outha:e�t (?t:�r.er cf sai_d Section 19 on nn -,, �s-- rseuz:ed bcarino of :: 0° J.S' G�+�� L for 3 d_stance of �w `f 33 feet to the ec�u�l pc�ir.t ef berir:ainz of tr,z ce:iter- `'' ]ine to Le c'escriLei.; thence :< �•9� 5��' 33" td parallc:l "-^1 with the Soutn line of �aid ;�orti: Aalf of. tre Southsaest �R`" �uarter for a distar,cc of 13G9.17 feet; the;ce on u � t�n�;e,.tial curve to the leit witn a radius cf 3311.58 `� � feet for a distance nf 394.51 feet; the.nce S S3� U5' 43" �°o {d, tangent to last described curve, for a distiance.of 470.Q7. feet nore or less Yr� a poir.t on the k'est 1_i.ne of t�e Soutl;kest Quarter of snid Sectio� 1.°, s�.id point bein� 705 fcet South, as Cii.2SL'�C_G� aior.� said F.'est 1ine, � from the ?�ortt;uest corner a` ttte SoiTthkest Quarter of said Sectien 14 and thcre t2ruan�ting. Said easen.ent is for Che ber,e£it of a�td appurtenant to the follotving described tracts located in llnol:a Cou :ty, �1AR�56t�1: T'hat part of the SE Quarter of Sectien 24, Tesrnship 30� RanEe ?4, consisting of apprexir�ately 120 �cres, 2n d Lots 40� 45, 46, 49, 50 and 51, Auditor's SuSdivisian . tio. 92, consisting of approxirr,ately 12 acres. The party ef t2�e first part hereby consents to the conveyr�nce or dedicati.on by partics c�' The second par*. of s�id ^asec:Ent to the Vill�&e. of New Ftri�}itoa for road p;:rposes; 111CI also coiz�ents to the c:se of said ease�ent for road pu:poses b;• Lhe Cit�• of Fridlc� , x0 F'-f��'E A.'�1� i� ��OL� �:,Ii) L:�.��:'��::�T cr.t.o said g;antees� their successors nad :�s ,i�r.s, as apnuric;i.3r,t to s�id Lr.t�d. I�v �•,IT�i:SS 1.i:i:REOF, said ,rr:nter t:as caused t.�is ins[rureat to bc e�:ecuted tlie dzy ni:c'. yc::r first nbove w•riz[en. 0 ln the I'rescnce of: ROJOLO� a Ii:ai.[�d part:icrship . •, � , �� 1 / -"',!^-!__`: �.''��.'i -( � i. � ��. ,(�. .� ��.-<<-.-�_ — ;- — - - 's_____-_-'--=.__�+---`------ `�j� / ,: � _ Jolin !2. J��hi�si�a, (:encral F'artr.cr .__.____:�_____ � . . � Q � � :`, ( � 1 � 9 L , 1 ., . , � . . . . 1 � � � . 1 _ � _ � . . - 1 �,�, ...___..__r_____..: _ . _ _. - ...u..�....._,..�...._.�..._�, _.�.�J._.�_ :.._.�.� ' � . . _` . � . . . . ��_ . ;� : � - ' .� w � . . , , • . • ; . � i . . . � -� � . . :. �__ . _ .-.�; _ S TATE Q�' T�fI it.'y E S 0; A) ' :_ � �; � ' _COLi�Z'Y OF fiLti:rr Piid ) ss . / i' . _ � ' } j . E� (1n tl�zis� !�` day of ��*.��*�� v-;I970, befare me, a Notarp - L? ��, �t�..j PLb1ic p�rsonal.ly appeared John R. J�hnson, General Partner of Rojolo, a � r �,,,; lir.siteci partnzrstiip, to c�e kno•�n to be the person described in and wrho �� !"°�± executed the foregoing instrument, and ackr.owledged that he e.:ecuted tiie•:. �:.: :: c- - 3 � � , i i � . ;,,'� .? . . � sa�e as the :ree act and de�d of s�id nartnership. ,;.�`'•;'',�� •;�`�.�'�.' ; -a 1 -1 : c.. • -.` . j.', • _ � � �. �! ; � , f ; ' i / I ? / - '-1�i'.�.�.. �- � • • : , , _ �,-"', . /�� u�J . �� Notary Public , , ��\�' ' , , , ..: ..'.. , �. _,_ t,. ;�;,;= �'„t':}T�LL r "... .. "' - •-. � �� -• • 1• , , . . ....._.::�'i,; , . _: �,',;; , __ ... : _ ' ' � • � • , ' • '' . • . . - 1 ' . ' • � crrY� ot� t�izrn[,r:Y : tE�1�RtL'vi)U;�1 , � T0: :1F.� f0 � �1E1�J0 FRO�d UATE: � Sll&TECT: Richard N. Sobiech, �'ublic L'rorks Director nl �J �f'�r��-' Thomas A. Colbert, Assistant City Engineer June 16, 1977 REVIEI� OF PR03ECT 1977-1� SEALCOATING BID OPENING ' The official bid opening for the above referenced project was held at city hall on June 9, 1977, at 11:30 a.m. Only t�•ro bids �aere submitted as indicated on the attached bid tabulation sheet. The lola bidder tiaas ALLIED BI.,ACK'I'OP of �tinnee ' apolis, with a total base bid of �9,659.7i�� and an alternate bid of $9,254.85 (city forces performing all sweeping operations). 10 ' At the time of Council order to advertise for bids, a dixective was received to review the feasibility of performing this annual �aork with city pexsonnel. A survey was taken of 16. municipalities of sin�ilar size around t}ie metropolitan area. The results indicate tr.at seven cities perform their own sealcoating, ' seven contract out this type of caork, aiid ttiva mun�cipalities do botl�. Of the corimunities �aho perform their ocan sealcoating, they all indicated that a cost savings �vas incurred. The savinds dependecl ;zpon the size of the job and the ' avail.ability and condition of ec�uipment. Of the cities contra,cting out the �aork, the main reason given was lack of equipment and/or manpower availability. kl �'�e then, proceeded to contact seceral com.^�unities who perfo�n their oian �aor.k �s to the availability of the use of their eQuipment on a joint potivers ty�e of agree- meni. Several of these communities inaicated that due to the extent of tIieir prajects (10-30 miles), scheduling their equipment`s use �aould be very difficult during the prime application period of mid-Jul.y to mid-�ugizst. Of the remair,ing sel.f-serving communities, no one had aIl the Pc�uipment necessary ta perform the total operation. It would be necessary to obtain one or two pieces of equipment from different municipalities involving tigl1t scheduling. It appeared to be un- feasible for Fridley to purchase our oian equzpmerit as our mileage (2 ± r�iles/year) and the very seasonal nature of the equipmen� usage (2-4 weeks/year) would be unecon- omical. ti' hlintenance Division regardinR the avail- ;eview was then made �v�.th the Public vor,.s a_ � ' ability of City personnel performinQ sea7�coatin� �•.orl:. Our eqlaipment imrentory does nat include any of the necessary e�,}xipment�£or such ��ork (oil applicator vehicle a�are�ate spreaders �neL�natic-��:heel roller, anci :;teel-wheel roller) . It , , , ,� ' � oo � � - i�ras indicated tliat street department persorlriel could perfc>rm the �york, but at tlie expectecl expense of re�ular maintenance work that iaould normally he performe� durinR the e�ecution o£ this project. ,:�i}ould our personnel assume the duties of se�icoatino, special enuipment oneratior� and application procedures titiould liave to be lea�-ned. r�s a finzl analysis, � cost estimate ti�las prepared to compare with the low b:ici ��ri.ce. I-' Memo/Richard Sobiech Page 2 Sealcoating 10 A I ' • The attached sheet gives this itemized estimatecl breakdotivn of costs. When comparing these costs to the base.bid of the lo�a bidder, there is an apparent ' eosr savings of $1,408.45 or approximately 14.G%. This does not reflect any personnel time involved in scheduling and arranging for the equipment rental from the ather communities, nor any type of repair or �uarranty work that might I� be required, due to poor materials. These costs are estimates only, as obtained by phone quotations of several sources. It is nossible they might be reduced if the materials were advertised £or bids. It is als� difficult to accurately esti- � mate the time required for city-supplied labor for a project with no similar past work to compare with. i' In summary, it appears t�at a cost savinbs could be incurred, the amount of which would not be accurately available until the completion of the project. It should be noted that if sealcoating is initiated into a yearly city project, other areas would have to sacrifice the time involved in the sealcoating. Also, without I' readily available equipment, additional administrative costs would be incurred in scheduling the necessary equipment. 'i ' If the Council elects to switch aur present sealcoating proceduxes of contracting out this work to a city-initiated and constructed pxoject, it is recommended tha� all bids be rejected. I.f the Council �vishes to awar� the sea?coating contract ta a contractor, it is �ecommended that it be awar�ed ±o the loGa bi.dder of Allied �' Blacktop in the amount of their alternate bid of �9,254.85 (street sweeping by city). cc: Ralph Volkman '_J II , ' ' u ' f�14TERIALS: P,ggregate Oil: 10 � ENGINELRS ESTIPtE\'CF: S;. 1�77-10 Sf.r1LCJ��TIid^u (BY CTTY PERSOtiNF.L) 225 to-:� FA-2 C2ass "C" @ $2.75/ton = $618.75 125 tons PA-3 Class "A" C� $7.50/ton = �937.50 6979 gallons RC-800 @ $0.52/gal_lon (applied) _ $3,629.00 Sub-total = $5,185.33 EQUIPMENT: Delivery of Pdaterials: (350 ton Agg. @ 15 �Cans/truck x 81 miles/truck + 1Q mile) x $0.44/mile = $836.00 Application of rtaterials* Street Sti��eeper 2.13 miles @ �120./mile = $250.00 Aggregate Distributor 16 hours @ �25./hour* _ $400.00 Rollers (pneumatic F� steel) 16 hours @ Y25./hour* _ $400.00 Sub-total = �1,886.00 LEIBOR: �elivery of �taterials: 23 truck loads x 2 man-hour/load x$10./hour Application of b9aterials: 3 truck dxivers 16 hours @�10./hour x 3 1 roller operator 16 hours @$10./hour 1 spreader operatar 16 hours ��10./hour � men (miSC-tr�ffic control etc.) 16 hours C� �10./hour _ $460.00 _ $480.00 _ �160.00 _ $160.00 ` ` � � ' _ $.i�'Q.00 x Sub-total = $1,1S0.00 Tot�l = $S,�51.5; * Alinimurn r;�tes of equi}��ent rental from other CO11'JilUI1LL1C5 Other e:�ui��ment costs O�)T.11ilCC1 from ��ast 0 F, Dl ofi City ec�uipment reports ,�..:,.,� . .T�1�ri: 9, �.�77 i;Ii� UI'1::fr;;G 11:30 1\.,1. � ST_ .19"/7-7-0 SF�f�i^ C�).�1"1'I;•:;� t'�:!)J1:CI� PLAiV-iOLDER _ _ I � E111 ied Blackta� 3601-48th Ati*enue, ;�i. I � `pls. , : II�J 55429 (533-1811) Bitumi.nous ?'oach•:ays �' 2825 Cedar Avenue, S. Minnea;�olis, P•�t 55407 (721-2451) . , , City of St. �lnthony 33Q1 PdE Silver Lake Poad St. Anthony, NN , r�s9-s�s�� I�rry P��ika.�; ' Bx-yan Dr�ssex Trap Roc�: P. 0. Box 8�9 ��ls., ��'. 55440 (371-7210) � - - - � , �� r �� . � BID D�POSiT S% a S% 0 ho Bid No Bid TIIO''U1S A. COI.�L•RT CI YDI: V. ��)R�1�'I::TZ lo C 11: 31 �1.:•:. L[3tit� SU;�I B I D R�I.�t'r:5 r1.l.t . �9,659.78 $9,254,85 $7.1,154. 28 Alt. $9,693.60 ��OJ .. W Y. � f_ N j J p � � � 1 t n � s �dTN AVcnUE 57 %2 ►t ^, L 1 �:.Y 57 T t4 � A :TOMGTIVt _..�-.-- � -�� 1 57 TN AYE. V MOLiDAY V4llAGE KORTti n�'ruRa , PARK . � P�� \ � �µtu�P M S AS � S�TH � < < AY kUc CEN f.i A� LEHTAL (,AB_ � � 56TN � �� ;:�EV�E 694 Coatin�; (Lacati.on 1Sap) ExitiUit !'� 301 i / ,� ,:.a:v =.; �.,a.s r- ,.y.��/ �w'3Ji+!B'r�1I1. bTTM :� y 3 = 0 w O a 1 V.4 A.4. __ yo D t -- NELEIeE Pt AV E fi Uf 094 100 71 CNERI � � LANE �'b-LL N0. 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NOPAINO ENTER � S C , p : � g `v � % rrHORE ` � � JI •�oon ';,�� `� j�CUNG • [;i ��1 � I y� � / i� i.s ) "# ��jp' � �Z 1 � . . , �`�� . . „ �t 1 � � � r �� i "'stN_..JL�Y.L_ j li I ti „ ) s W � ' •� s ' � l n �� J T � e � z • , �t f� .� �� 1� ,� i �� e � M AvE.nuE J q z 2 E�c�. n a � 6J�-r 1 : f-`r S�E � ' / _ I � ,�K ENTER �v O� e ��. 1 J� I � i I I 1 � �� i�. t Seal Coat�ng (LocaCion Tiap -t- �--�' -�}- 1—, ' g 3�T H' 1 O i' �"1 � "�: ��; ExhibiC A -�-1 }- �-1 , . �--, —} .i-' � �t �- � -� : � Sheet 3 . i' j_'_'� 't � 2 ~ Lep,end � ' ' a FA--2 �� . FA-3 � . , .._.._ L�4� ' r � ;C':RT C, w W � � =y ' MARRIS �� ' I POt�o � . a � S � y-, :1�•E tiUc �- v �,. ¢ � a -� U O � o � r�e O O �a�.e�or .n � � � _. _ � a cp 20th ST. N:.v. � � R�CE C?�EK ROAA W Z Q • J R� 1*� N ��' O�`,F. } ¢ / G�R x �-t • � x ��¢ 1 �R�vE f _�HiLL�REST / r - L .__.1 _. � : } � .:-1 f J --- �- i • . 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' tt � � , i / � � �f i ' � ; jr I � • � ��'4Li1 ?l�W.� � � � 'r i � .� ; } i �+ AaC K�TCnENS � + : !1 , � .. v�T.R•_ess rv-:.,cre � � � � �� 900 � ' ' �� ,r , � �. i ' r �� , � �� t Z a � w � ^ �, lAY PK. � N Y HO�LY LeP,end SHOPPIf • CENTr� �'A-2 ; FA-3 �'��'�; RICE PLAZA SHOPPtNB CErtTE ��'^'�,,,s{ll�c LANE `�""�°`-.. �° �4 '�9,.� ` ti s'+. v iv f;? L��v�\ 4, SYLVAN�' � 111LLS 7PARK =� , � -� _� c,�,�e7 L A N E � � _ w s � � � � : I R � I I 11�� ! I FRIDI.EY 1 �i I; corav�KarT i �: CHURCM � i� aivE � �I j I �� I � � I 1 ' �►I � � I!j �3�� cat`v !I ��'3� �' c i � L.r�� T_Lc. li i �' �.i00H- II 1, ��azn . J�'. St!p?_ ��' li PiN$ 4 C � yTER - � �f � 0 � n �{ � � 5°�T, ) �v�,�rUC I� ii�� ! 1 l0 G V�»ISS19P/ V ¢ a � ciSENHOWc� SG�ARE �• t � ii i�vc Ij 1 I ST. WILLIAi613 � CATH.CHURCH � i �� i \ .Y • ly \ Q � I � y ' �( . . ti+S.A.S 302 - . i�t � R! $7 I � �I ' �� ? �I �,=a } { � � I I ti� TN AYi vUf I,� � ��, �,� �I' �� ! I j � �u u r 1i I s c ` r I�- N ./� /� 1!, CITY Ql� F(ZIDLI:Y MI:MORANDUM MEMO T0: t SEMO PIZ01�9 : ,�asim r9. Qureshi, City Manager Richard N. Sobiech, Public Works Director DATL: June 16, 1977 SUBJF.CT: STREET Ib1PROVE�IENT ST. 197G-3 (IN'TERS�CTION Ib1PROVEb1E;V'I' OF T.H. 65 AND 53 AVENUE NE) Attached, nlease find Resolutions and Agreements from the Minnesota Department of Transportation pertaining to approval of final plans for construction of the street improvement in the intersection of T.H. 65 and 53rd Avenue, NE. The final plans have been reviewed by the Engineering Division and do provide the improvement as reauested by the City of Fridley. Bids for construction of the project are scheduled to be open June 24, 1977. Therefoxe, it is reQuested that the City Council consider approval of the resolutions anci execution of the agreements at the regular Council meeting of June 20, 1977. i 11 nn�,��su, ��;�:� �n in s.P. o;�;,�1_;�; ;,•� (r, ,. ,) ' Fcd . Pro j. 1�' UO�.�-? (',9 � xr•.soLt�rzoN ' At a(regu7.ar) (:;pecial) meetin�; of the City Council of L-l�e City of „'�,:� �� , �. , duly held on tLe day oi , 19��' , the f.ollawing Resolution was offered by ' ' , ; seconded by , ; to wit : WHERF.AS, the Cammissioner of liighways for the State of rfinnesota }ias caused to be prepared: plans, special provisions and specifications for the improvement of Trunk Highway No. 5 , renumbered as Trunic Ilighway No. ��; , within the corpor2te limits of the City of � L�: ��,,, , from::xk�e '� u ti: cc: � i i� t; �F ��i cl�.��l and, 0 W}iEREAS, said plans are on =ile in tha Office of the Department of Highways, St. PauL, Minne- sota; being marlced, labeled znd identified as: S.i'. O�C7-3c-i'7 ��=5� ; and, WFiEREAS, said special provisions are on file in the Office of the Department of Highways, St. Paul, Dlinnesota; being marked, labeled and identified as: �•?• C^�-'';'-'%�-37 (�%_�� , and which, to�ether with, the Piinnesota Department o£ Highways Star►dard Specifications for Highway ConsCruction, dated January l, 1972, as amended by Minnesota Department of Iiightvays Supple- mental Specifications for Higtiway Construction, dated April 1, 1976, will govern, and which are on file in the ofiice of the Commissioner of Highways, consti.tute the specifications for said improvement of Trunl; Hightaay No. :, renumbered as Trunlc Highway No. �5 ; and, Wti�REAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the Office of the City Clerk; and, WfiEREAS, the term, said plans and special provisions, as hereinafeer used in the body of this Resolution will be deemed and intended to mean, refer to and incorporate the plans and special provisiuns in tl�e foreCoing recitals particularly identified and described; and, Wt�li�F1S, thc Conmiissioner of t{i�hways desires in the interest of public safety that any and all parking of vehicles, if such psrkin� is pei-mitted within the corporate limits of tlie City of :':i�i1�';' , on said Trunk Hibhw;ry Ivo. � , renuinUered �s Trunk tli�hway No. �>=' , will be parallel c,ith the curU adjacent to the higliway and will be at least 20 feet from any crosswalk. PuF;e 1 of 2 Y:i�;es. 11 A I , ' Mn/DOT 2523 (4 7J 1 NUFl. Tlilild, 13E IT k1iSOLVED that suid planc and npeciul provi�ions for the improverocnt of Trunk IiiEbway No. `� , renumUcrecl as Trunk }ti�;liany No. "'' . wiLhin tlic corporate limit& of the City of � , be and hereby nre approved. 13E IT FUR71iF.R RESOLVEll that tl�e City of '��•� ___ does hereUy agree to requirc the parkinp of all vehicles, if such parking is permitted within tlie cor.poraCe limits of said � C1ty, on aaid Trunk tiiglikay No. `_� , ren�bered Trunk }lighway P1o. �`� , will be parallel , , ' , ' with the curb adjacent to tlie highway, and at leaet 20 feet from any crosswalks on all public streets intersecting said tzvnk highway. BE IT FURTI3ER Tt�SQLVEA that the clevations and grades as shocan in said plans and special provisions are hereby approved and consent is hereby given ta any And all changes in grade occasi.oned by the construction of Trunr Highway No. > , reuu�bered Trunk Highway ro. o; , in aecordance with said plans and spec3al provisions. Upon the cAll of the roll, the following voted in £av�r of the Resolution: ' and, the following ' ; voted against ehe adoption of the Re�olut�on: whereupon the mayor and/or the presiding officer declared the Resolution udopted. Dated: , 19�_,,,_. Mayor Attest City Clerk STATE OF MINNZSOTA ) ) COUNTY OF :,�� '>:�; ) ss. � CITY' OF a „- . ) X do hereby certify that at a(refular)(special) meetin� (of which due and legal notice was given) oi the City Council of the City of _�'•1 • _ , Minnesota, on the day of , 19 �� ; at �aiiich a ulajority of the members of suid Councfl were pre&ent, the foregoin� Resolution was sdopted. Given under my hand and seal this doy of , 19 'l'( Yu�e 2 of 2 Pages. CiCy Clerk 11 � ?�n/DOT 2520 (4/77) R E C E I P T 11 C I have received from `�� •-• Cra�,�icrd Disttict En�;ineer, Department of Transportation, and have filed the following described documents: Construction plans, special provisions and resolution forms for S.P. 020'�-36-37 ( 6>=5 ) turn� acies, raisea :r:eciian, s �or:i� se��er, cur� anc� ;;utter; bitarninous �uriac � n� a::d traixic cor.trcl si�-nal sys��^.. City Clerk Fricle� Date �� \b� i�•7'�,-.,� rc�Nac � :a � y� . • rc\°'y � y � '� 3 3i) W � W y I` � a W Y f" # V H Z N � � � v � 1 Y U Q � � C4kR1E LN Mf;Y DR�VE-IN � ' 0 i � � C� L�JLF C�L 1 � �� , :�: o�- w� r.r, r G..� � /" MSAS. 321 !/ j ' � / �� MENARD�S C45�iWAY \UMBER �,�o�� RUJ�ID srcrwu � �11 �DI' � � ` �� r �{I� z � �ll� o � N '� z Z � W � � � � 1-� Q ( i � � 1 !nS A5. 321 G fE. 1 = a < z c ? N i V � �AM� VALLEY YtEW CHR�STI.1Y CHURCii � �`�'-�..' ��_.��..i 1: i`�..__ �� ' o COURT w p W 3 � � f Y N � � SK'!t400p . :AhE � W � 53RD AVE. JN t.5 NG RES �- } `'' � � �� I W W W s' 2 w s ` r r- � s 1 - � :.. o � r �,J ^( I:i MALL J W � � � y� � J� ;� V ' 2 F_ ti W z x I�y'?L CK I�,� �n � � � a: ��: �� II � '� J � � _ jT, �� r -vi J S i � � ;�� ' N1 .iVE � a' a �I I! J ^ ND avE. �-! i ` � � �- I �� il ;�l Hn:_� � . �j ;? .. .. CQLU��r191A .. ` . .. � ' �� i . . �-.: .. .. . . . rin/DOx' �'orm zi2�2A ,, ' I� � 58430 CITY OF FRIBLEY '_:L3CLUTIGi? � I3E IT :�EvCLVE� ��zat the City enter inro an a�ree:�ent iaith the State o� PTinne» so�a, Departrnent o� Transportation for the follo�ring purposes„ ro-wit: to provide for payment by the City to the State of the City�s cost shares of the construction of curb and gutter, concrete wa1k, an entrance and storm sewer facilities upon, along and adjacent to Trunk Highway No. 65 (Central Avenue) within and adjacent to the corporate City li.mits and of the construction of the east appxoaches of 52nd and 53rd Avenues Northeast to Trunk Highway No. 65 and of that portion of the west approach of 53rd Avenue Northeast to xrunk Highway No. 65 within the corporate City Iimits plus the construction along both sides of the service road to "Embers" wizich aforesaid construction crill be performed by the State under contract. � City Manager ' BE IT iUP.TIIER. P.uSOLVLD that the P�i�.yor and �.�� t�e and tney Izereby are autharized to e�ecute such agreemeata (Cooperative Construction Agreement No. 58430) ' ' ' ' ' ' ' � CERTI �Z CATI OPd State of Ilinneso�a County oL Anoka City of Fridley I�.hereby certiry that the foregoing P,.esolution is z true and correct cony of �he resolution presented to and adopted by the Council oY the Cit� oi Fr_idley at a duly authorized neet:ng thereoi held on the _ _ da� o= 19 , as sho�m b� tile rainutes o'r suid i:leeti.n� in ra� possession. City Clerl: (THIS IS THE PROJECT WHERE THE MONIES FOR THE CITY'S SHARE WOULD COME FROM ASSESSING THE ADJOINING PROPERTIES� WE HAVE ALREADY HELD THE HEARI�tG AND ORDERED THE PROJECT IN) � , ♦ .. .... � ..N i I, , � 0 DESIGN STATE OF M7TiNTSOTA AGRET:�IENT N0. D�A�'rr1L�dT OF TRANSI'O1ZT:�TION COOPERATIVE CONSTRUCTION AGRi:�MENT 58430 S.P. 0207-3G (T.H. 65=5) Fed. Proj. U-005-2(50) i Agreement bet�aeen , The State of rlinnesota � Department of Transportation, and The C7.ty of_ I'rid]_e� Re: City cost participation construction ' by tihe State upon, alorig and adjacent to T.li. 65 ' 12A AAIOUNT ENCUNB . (None) EST. AMtT. P.EC�IVA�LE $27,205.52 , THIS AGP.BEn1E�dT made and entered into by and between the State of 2Tinnesota, Depart- ' ment of Transpor�ntion, her.einafter referred L-o as the 'tState" arid the CiL-y of Fri�dley, Minnesota, acting by and through its City Council, hereinafter�refer_red to , aS the "City". � WITNESSETH: ' ' , ' � i ' WIiER�AS the State i.s about to acaard a contract for L-he construction of turn lanes, raised median, coilcrete curb and gutter, concrete driveway pavement, storm se�aer facilities, bitt�.minous overlay, traffi_c control signal systems and other associated and miscel.].aneatis i_tems upon, alon� and ad jacent to Trunic IIighway No. 65 (Central Avenuc) irom a point approximatcly 308 feet soutil of the �+4th Avenue Northeast intersection to a point approtimately 205 fee� north of tlie 53rd Avenue Northeast 58430 12 B intcr.�ecti.on in accordancc with State plans, spccif9.cations and special provisions thercfor desi�natecl as State Prjects No. 0207-36 and I�o. 0207-37 (T.H. G5=5) and in the rec_ords of ttie Federal Iiighway AdministraL��on as Minnesota Project U 005-2(50); and WfIER�AS the stonn sec-rer facilities to be construct-ed under ttie aforesaid State Pro- ject I1o. 0207-36 (T.H. 65=5) include cooperative joint-use facilities which will collect and conY�ey storm water drainage from adjacent City areas as well as fro-in the L-runlc highway -right of wa�� and in connection with certain facil.zties from adjacent areas in the Cities of Hilltop and Coltunbia Heights and also includes facilities c�hich will collect and convey storm water drainage exclusively from adjacent City areas, the City has expressed its willingness ta participate in the costs of constructing said storm sewer facilities �ahich will accommodate city drainate; and WHERE.AS the City has als� e�:pressed its willingness to participate in a share of the costs of the curb and gtitter, concrete coallc and entrance construction to be perfornled alonb and adjacent to Trunlc Ilighway No. 65 (Central Avenue) within the corporate City lin2its under said State Project I�o. 02�7-36 (T.FI. 65=5), and also to pay t�ie full matching cost share (tliat portion of costs not reimbursable under Fedcral-aid funding) of the construction under said state project- of the east approaches o� 52rid Avenue Northeast and 53rd Avenuc NorL-heast to Trunlc Hi�hway I�To. 65 (Central �'�venuc) and of ��l�lt POl'�1011 of the west approach of 53rd Avenue North- east ta Trui�l: �I1.�?2t�*�y No. G5 �aiL-l�iii tlie corpor.ate City li�niL-s plus L-1ie consLructioil alon,; b.�th sidc> of the service road to "Embers". T}�c Cit-y�s cosL- partici.pation -2_ ' � 58430 � � in the State Project No. 0207-37 (T.Ii. 6rr-5) construction of traffic control systems will be set forth in a separate agreement document; and WtiEREAS it is anticipated that all of the construction to be performed under said State Project No. 0207-36 (T.H. 65=5) wi11 be eligible £or Federal-aid'funds parti- cipation therein at the rate of 72.08 percent, and in ttiat event, the City�s participation hereunder will be reduced in proportion to the rate of Fedezal-aid funds received by the State for the construction costs incurred in the performance of said city cost participation construction; and WfiEREAS that portion of 53rd Avenue Northeast between Trunk Highways No. 47 and No. b5 and the service drive in the southeast quadrant of the Trunk Highway No. 65 - Interstate Trunk Highway No. 694 traffic interchange (commencing on the north side of 53rd Avenue Northeast approximately 210 feet east of the northbound center- line of Trunk Highway r?o. 65 and running northerly and easterly to a connection with Filmore Street Nartheast at the south right of way limits of Interstate Trunk Highway No. 694) are presently firunk highway right of way, and the State has de- termined such ri�;ht of way is no lonber needed for trunk highway purposes.It beino mutually a�reeable to the City and to the State, the State sliall, subsequent to the completion of State Project No. 0207-36 (T.H. 65-=-5), revert to the City as much of the aforesaid portion of 53rd Avenue Northeast as is within the corporate City limits and all of the aforesaid service drive as ciescribed above. IT IS, THFR�FORE, rIVTUALLY AGREED AS FOLLO;dS: ARTICT,E T_ - CONSTRIICTI�N I31' TIiI; S'1'_1TE The. State stiall� lIl coiuiection with the award of a construction contract, acimini- stration of saicl contract and the constructi.on en�;ineerin� and inspection for State FrojecLs No. 0207-36 and No. 0207-37 (T.li. 65=5), da and per.`orm L-he follo�ain�: -3� ss43o 12 D (IL-em 1.) Duly advertise for bids and award a contract to the lowest responsible bidder for the canstruction of the aforesaid Trunk Iiighway No. 65 improvements and including certain street approach and other associated construction in accordance with State plans, specifications and special grovisions bearing the above state project number designations and which are on file in the office of the Catmnissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein; and (Item 2.) Direct and supervise all construction activities performed under said state projects, and perform all construction engineering and inspection functions necessary for the satisfactory completion of said state project construction; and (Item 3.) Make such �hanges in p?ans or in the character of the work for said state pzojects constructions including t17e aforesaid cit5� cost participaL-ion construction, wlzich are reasonably necessary to cause said state projects construction to be in aIl things performed and completed in a satisfactory manner, and to that end and as supplemental to any contract le� f.or the construction of said state projects, to enter into any change orders or supplemental agreements with the Statets contractar for the performance of any extra work or work occasioned by any necessary, advanta- geous or desirable changes in plans; hozaever, the Dis�rict Engineer of the Minnesota Department of Transportation at Golden Valley or his duly authorized representative wi21 inform the City Engineer or other appropriate City official of any proposed change order or supplement to the construction contract which will affect the city cc�st participation construction hereunder; and (Item 4.) Do and perform all other acts and functions necessary to cause said state prc�jects to Ue complet�.d in a satisfactory manner. -4- ' i, ' .�, � 58 430 t1T:'f'7�;T,?' � T.., ]� �5-( ; �?� l' ��`�"?'.?;"I' 1;Y T1fP, _ G!�7'Y �. 12 E Scct��_y_i.on A. C�n��t:rt�c_i.i.nn Cn�t�.�; Tl�e City shall pay to the State, as tt�e Ca.Ly's full share of the costs of L-he said State Project No. 0207-36 (T.11. G�-5) constructian to be performed in accordance �•rit:l� Ar�icle I hereof, tl�e iollowin� city cost �articipai:ion per.centages of the costs of the construcL-ion described below uncier "CITY COST PARTICIPATION COi�?STRUG- TION" aa�cl includin� the costs of any contract change orders or supplemerltal con- struction agrecments wllich may be necessary to complete said city cost participation constructo�z and the cosi:s of any setL-lements of clairis made with the Statets con- tractor in connection with said cit}� cost participation consL-ruction. Said payment by the City hereunder of the Cityts shares of construc�ion cos�s shall be based on the final quantities of city cost particip�tion construction work items performed or the tinaJ. pay-ment quantity in the case of plan quantii:y items multip7.ied by the appropriate unzt prices contained in L-he construction contract to be a�varded by L-he State in accor��ance �ti*ith Article I hereof andf or multiplied by tl.ie appropriate unit prices �conL•aii�ed iai any supplemental agreements to the State4 s sai.d contract whieh �rovide for cit�� cost p2rticipation coi�structicn. It is hereby understood and agreed that an}= and aI1 liquidated damages assessed the State�s con�ract in connection �aith tlle work performed under the state con- tract shall inurc Lo L-he Stat:e. Ai�tachccl hereto, macic a part Iicreaf and ntarl:ed SCtI�DUL� "I" is a preliminary con- struction cosL- estimatc and division of costs forni �:Tilzch lists all of ti1C f111t1C1- �cit:E:Cl COI15t:111Ct1011 WO]"�� ltC'lIl5 .'i11C1 COI1St:1t1C�:1011 CIl� lilCC11110 items 111 COI111CC�lOI1 Wli:�l Sc'11.C� C].L'}' COS1` I)�I'1:].C11)11:1071 CO:1St1'liCtil011. i11S0� �i1:1:�C�1CC� �1C1"C1:0 and made A�3T� • J� . � 12 F �s�+so hereof ar.e tl�r_ee col_or coded sheets rnarl�ed F,XIII�IT "A" which show and describe the cir_y cost particip�tion storm sewer facilities cons�rucL-ion hereunder and two color coded shc:ets marked P,XII7LIT "E" c•,rhich shown the areas of city cost participation roadway aizd associaL-ed construction upon, alonb and adjacent to 53rd Avenue North- east. CITS' CC1>7' _P!!_F�T1_CIP;ATIO�; COi�,?S7TUCTION Road�•.ay an�t Ass�ciatcd ConstrucL-ion 40 P�P.CE�:T o� the costs not rei:�bt�rsable under Federal-aid fundin i sha11 be the Cityts rate of cost �ariicipation in the follo��ing construction: A11 of the construction of concrete curb and gu�ter, Designs B618, B624 and D Ai�dified, to be periormed along the east side of Trunic Hightaay No. 65 from the sot�th corp�rate Czi-y 1imi4s (between 51st and 52nd Avenues rlortheast) to the south side oi the 53r.d Avenue Northeast intersection, and to be performed along the east and ��est sides of Trunk Highway No. 65 from the north side of the 53rd Avenue North- east intersection to L-he north terinini of concrete curb and gutter constructi.on under said state project; and Al1 oi the entrance construction consistin� of sawin� bittuninous pavement, aggregate base, S�inch concrete driveway pavement and bittnninous wearing course to be per- formed on thc east side of Trtuzl: Highway No. 65 at En�i.neer Station (L N.B.) 95-I- 60. 75 PI?�:C?;\T �f t:1�n co�t.� noi- rc iitit,ttr.sal,lc� t��dcr red�ral--n�i.d itiii<1i.ns� silall Ue ttie City�:: r.�te of: cost particip;iLion in all of Che construcL-ion oL 4-inch concrcte ..(�_ , 58430 1` G wall: to bc I�er_formed ad jacenL- to L-lic cast s�.dc of Trunk Iti� hway No. 65 from the so�ith corporate Ci_ty 17.mits to the souLli side of the 53rd Avcnue Northeast intersect-ion. 100 P):RCPi�;"I' of i�he co,t:s not r.eirn�>ursah).c unc�^r Fedcral_-ai.cl ftmdi�l� shall Ue Lhe Cityfs raLe of cost participation in the follo�•ring construction: AlI of the adjustments of existing City owned sanitaiy sewer manlzole frame and ring castings to be performed under said state project; and All af the construction consisting of clearin� and grttbbino, removal of curb, re- moval of curb and gui:ter, removal of sideti�alk, removal of concrete s].ab, common and subgrade e�;cavation, aggregate Uase, bittuninous base and surfacing, sawin�, concrei:e and bittnninous pavement, 3-inch and 4-�inch concrete walk, bitt�ninous c,Talk, concrete curb (Designs B6 and V6 modified), concrete curb and gutter (Designs 8618 and B624), bitt�minous curb, S-inch concrete drive�aay pavement, and sodding to be performed under said state project upon, along and adjacent to the east anc: west approaches of 53rd Avenue Northeast to Trt�nlc Hightaay No. 65 �vithin the corporaLe City limits and within the areas otxtlined in "P.ed" color on said attached EXIiT.l3IT "B" ; and Al1 of the construction consisting of removal of curb, removal of curb and gutter, salv��e of a gas li�ht, installation of a spr.inlcler system, cominon and sub�rade c�cavaLion, a��re�ate basc, bittMiiiious base and surfacinb, concre�e curb and �utter (Dcsi�ns F613 aud B624), and soddin� to be perfornlcd undcr said state project tipon, alon� atid adjacetlY to the east al�proach of 52iid Avenue Northeast to Tzunl: lIi�;2i�,*ay No. G5 Uet�acen the east Trui�k lii�;ln:1y No. G5 ri�lit of �aay 111111CS 1i�ic c�tcndc�l a3id l�n�i.nccr Station 11-�-56. .,7» �--,,, 5£i430 12 N St:orm `�c�:7c�.7- 1�acil.i_t:ies Cor.�:tructi.on � 9.8 PI'nCL;N'J' of t-}ie co �i_s Il�t- r.eimbursabl e t�ndcr l?ec?cral-a9�1 ftu��tin � shall be thc Cityts r.ate of cout participation in all o� the construction of_ cooperative joinL-- use (StaLe, City of Fridlcy, City of Columbia lieigllts and CiL-y o� Hilltop) mainline stornt ser��er and mainline structures to be pertormecl under said state project and which are sho�-m and described in "Red" color on said attached �XHIB�T "A" anu de- scribed by those construciion worlc items listed in said attached SCHEDULE "I" under the desi�;nation r.A. 35. 5% S 19.8% T? • 40.4% C.iT. � 4.3% li. 78.5 PT'RCL:I�TT of tLe costs not reir!mbttrsab?e iir.der Federal�aid it�ndi.n� shall be the Cityts rate of cost participation in all of the construction and adjustment of cooperative joa.ntwuse (State aad City of Fridley) mainline stori,t sec�rer and mainlire structures to be performed under said state project and whicl.i are shoc•m and described in "i'el7.ow" color on said attached EXHIBIT "A" and described by those construction worlc items 1.isted in said attached SCHED'JI,E "I" ui�der the. designation r.A. 21.5% S .• 75.5; I'. 76.2 PEI:CENT of the costs not reirnbt�r.sable uizder Pederal.�-aid f_ur,di_n� shall be the CityTS rate of cost- participation in a11 of the construction and adjustmen� of cooperati.ve joint�use (Staie, City of I�ridley a�1d Cit}� of ColumUia Heiglits) main- 1i11e stoi-m sc�aer and mainliiie strticttire to be perfo1-med undcr said state project and �ahich are sho��m and described in "Iielioi�rope" col.or on saicl attach F�HI�IT "A" and desexibecl b�� tllosc� construction �.�or.1C lt:C.11l$ listed in said attachecl SCIII:llI1LL' 11:C►' under t:he desi�;nation F.:1. 1�.0"', � 76.2�� F. ��.R% C.}l. � t.._. ., ' 5a430 12 I ' 40 1'P.R�1;N"I' c�f. tl�c� cost:� noC rcimburs��l�]e t�ndc�r Frrl�r�l-.'iid f.tm�lin^ shall be thc City's rate o£ cosL participation in all o£ the construction of cooperaLive joint- � � use (State and City of rri.dlcy) catch tiasin structures and sewer pipe 2eads there- � fr.om to be performed undcr said state project and whi.ch are sho�m and described in "Green" colar on said attached �Y1iI13IT "A" and described by those construction ' worlc items listed in said attached SCilI?DULE "I" under the desi�natian F.A. 60% S 40% F. 1QCl PERCENT of the costs not reimburs<;hle under Feder.al.-aid f:undin� shall be the Cityts rate of cost participation in a11 of the remaval and coizstruction of storm sewer facilities e�clusively for the drainage of City areas to be performed under said stat� groject and which ar.e shown and described in "Br.own" color on said attacheci E?:HTBTT "A" and described by those construction worl; items listed in said attached SC�I�DULL' "I" under the designation F.A. - 100% F. Section 13. Prorated Constr_uction Costs In addition, said payment by the City shall also inelude the City's prorated shares of the cost of Items No. 2021.501 "PSobil.ization" and Noe 2051.501 "Tiaintenance and Restoration of Haul Roads" as set forth in SCHElltTLE "I". The aforesaid items are considered construction itcros bur are not included in the above descriUed city cost parti.cipation consCruction. Such additional: pa}�r�ent represents the City�s propor- tionare sliai-e of the mobil.i�atien ai�d tlie maintcnance and restoration of �11L11 roads costs iiicttrred l�y the StaLe in connection �oitli thc aforesaid city cost I»rticipati.�n coi�sCrticti.on. �� r- �- 58430 1� J Sc�ct:i.c>n C. Construr.Y.i vn ]?n�ri nc�cr�i.nn C�sYs In addi_tion to payment of the aforesaid construction costs includin�; the prorated cost shares of "Mobilization" and "MainL-enance and Rcstoration of Haul Roads", the City shall pay to the State a prorated share of L-he construction engineering costs for fie7.d engineerinn and inspecL-ion, preparation of progress and final estimates reports, r�cord samplin�, and materials Lesting and inspection W}11C�1 will be in- curred by the State in connection with said cii:y cost participation construction. Such construction engi.neering costs shall consist of charges made by Minnesota Departn�ent of Transportation personnel assigned to said state project and of a classification no higher than "Principal Engineer" (Resident Engineers assigned to the Transportation Department District Offices and placed in char�e of con- struction projects are classified as Principal Engineers) as recorded under the State construction cost accounting work item code numbers 030, 033, 040 and 070 on the "Unifo�m Time and Cast Report" (Form 1949) and the "Requisition and Distribution Sheet" (Form 1702). Attached hereto, made a part hereof by reference and marlced EXHIBIT "C", is a sheet containing the definitions of the aforesaid worlc item code numbers �ahich definitions were taken in their entirety from the State's Manual No. 2-102 "Construction Cost Accotmting Planual". Said City pro- rated cost share shall Ue determined usi�ig the method and formula set forth in said attached SCIIEDULI: "I". (Note: For the purposes of estiniating the City's share of said const-ruction engi- ncerin� co:::ts as shown in Lhe att:ached SCHEllUI,E "I" preliminar}' construction cost estimate and divi.sion of costs fo rni, the StaLe has used an amount equal to 8 per- cent of Lhc estimat-ed �unoui�t comi�uted as the City's totzl. shar.e of. the afore- mentioned canstr.ucCion costs which includcs the Ci.ty's cost sh:�re of. the items ai "r1oL7i].i�:ation" ancl "riainten.ince and P.esLoration of llaul Fo1ds".) _1�_ �. � t F ¢ ; ' ' Src•Y i_c;n ]).__ Pror.�t:ed Cnnst:ri�ction Ens;inr�erin,� Cost: � 12 K 58<<3U Sai.d paymcnt by L-hc CiL-y shal.l also include L-he Gity's prorated sharc of the cost of. Itcm No. 2031.503 "Pi.el.d Laboratory, Type C" as set fort}i in said attac}ied SCIIEI)UT E"I". The I'ield Laboratory item is consi.der_ed an engincering item but is not- included i.n the a£oresaid Cit-y prorated share of construction engineering costs as seL forth in Section C. above. ARTICLE I7.I - PAY1�iT?I�dT ]�i' TIiE CI7'Y Section t1. Estimat:e and Advancement of the Cit�'s Cost Sh.are It is estirnated, for accounting purposes, that the payment by the City of its share of the cost af construcL-ion work to be perfarmed by the State hereunder which in- cludes the City's share ot the prorated items "i4obilization", "Tlaintena�ice and Restorat-ion o£ Ilaul Fcoads" and "Field Laboratory" plus the 8 percent construction engineeri.ng cost share (used for estimating purposcs only) is the sum of �27,205.�2 as shown in the attached SCHEDULE "I". The State shall, when a construction con- tr�ct is awarded which ir�cludes the city cost participation construction �aorlc to be perfornled hereunder, prepare a revi.sed SCHEDULE "I" Uased on the construction contract uni� prices and submit a copy of said revised SCHEDULE "I" to the City. The City a�rees to advance to the Conunissioner of Transp�rtation an amounL- equal to the City's total cost share as set forth in said revised SCHEDULI; "P' be it m�re or ].ess than said stnn of $27,205.52 forth�,rith upon the execution of this agree- ment and upon receipt of a request from the State for such advancement of funcis. SccC ion l3. Fin,�l T'c�}-�!��nt h1- th�� C:i_t.y It is coi�i�en:plat:ed that. all of the construcl:ion work to be Perfornled under said -11- 1 , � state constr.ucLion contracL is to be done on a wlit' price basis. ' � ' 12 L 58430 Upon the can- pletion and acceptance of the work provided for in said contract by the StaL-e and tl�e preparation by the SL-at-e of a final estimate computin& and determini.ng the amouni: due t}�e contractar performing the work, the Cammissioner of TransporLation shall determine and com��ute the amount due the Trw1k Ili�lit�ray Fun�1 of the State of Alinnesota from the City for the said city cost p4rticipati.on construction k�orlc ' as set fort-h lier.eunder. After L-he Commissioner of Transportation determines the actual amount due from the City, he shall apply on the payment thereof as much ' as may be necessary of the aforesaid tunds advanced Uy the Ci_ty. If the amount � found due from the City shall be less than the amount of the funds advanced, then, and in that event, the balance of said advanced funds shall be returned ' to the Cii:y witiiout interest. If the amount found due from the City shall ex- ceed said amour.t of funds advanced, the City a�rees to promptl.y pay to the State the difference between said amount found due and said amount of func�s advanced. Section C. Acceptance of Cityss Final Cost SIZ�re anc3 of Cottlpleted Construction It is ui�derstood and agreed that the aforesai.cl computation and determination by the Conunissioner of Transportation of the amount- due froln the City hereunder shall be final, binding and conclusive. It is further aGreed that the acceptance by ttie State of the completed construction �aorlc provided for in said State plans ciesi�;nsted as State Project No. 02d7-36 (T.H. 65-5) and performed under contract let by the St�te shall be final, biilditi� and coilclusive upon the City as to the satisf:actory compl.etion of said worlc. -12- ' ;�;.� '� AR'I'ICi,i; IV - ItEVI:RSION F3Y T1(E STATE 'I'0 Ti1F. CTTY 12 �� It is hereby understood and agrecd that, subsequcnt to the completion of said State Project No. 0207-36 (T.ii. 65=5), thc State shall, without cost or expense to the City, revert to the City all right, titl.e and interes� of thc State in that porti.on of 53r.d Avenue Norrheast between Trunk Highways No. 47 and No. 65 within the cor- porate City limits and in all of the service drive located in the southeast quadrant of the Trunk Highway No. 65 - Inters'�ate Trunk fiighway No. 694 traffic interchange (commending on �he north side of 53rd Avenue Northeast approximately 210 feet east of the northbound centerline of Trunk Highway No. 65 and running northerly and easterly to a connection with Filmore Street Northeast at the south right of way limits of Interstate Trunk Highway ho. 694). ARTZCLE V - GEI�'ER'�L PROVISIONS Section A. Plan Chanbes The Citq may by a duly adopted City Council resolution request a change or changes in the plan for the state project construction to be performed hereunder in order to satisfactorily complete the aforesaid city cost participation constructi.on, and if the State determines that said requested plan change or changes are necessary and/or desirable, the State will cause such change or chan�es in plan to be made and appropriately alter the affected contract construction. Section B. TSainterance It a.s hereby understood and agreed that, upon the comi�letion of said State Project No. 0207-36 (T.li. 65=5) construc.tion, the City shall thereafter, �aithout cost or expense to the Seate, properly maintain all of the bituminous and concrete walk and storni sewer facilities construction tmder said state project within the cor- porate Ci�y li.mits. It is also undersiood and a�recd that neither party to this agrecinent shall drai.n an� additional areas into the sto nn se�acr facilitiics con- -13- �.- �. 12 ►! structed under said sL-ate project that are not included in thc drainage areas for which said storni sewer £acilities were desig�led without first obtaining permission to do so from the other party. SecLion C. Replacement of Castin�s Adjustments to certain City owned Lrarne and ring castings are to be made by the State�s contractor under said State Project Nc�. 0207-36 (T.H. 65=5) construction, and the City hereby agrees to furnish the Stat;ets contractor with new units and/or parts therefor when replacements are required, without cost or expense to the State or �he Statets contractor, excepting replacements required of units and/or parts broken or damaged by the Statets contractor. Section D. Claims It is hereby understood and agreed that any and all employees of the State and all other p�rsons employed by the State in the perfonnance of the construc�ion and/or construction engineering work or services required or provided for under this agree- ment shall no� be considered employees of the City and that any and all claims, that may or might arise under the Workerts Compensation Act of the State of Piinne- sota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence af any act or omission on the part of said State employees while so engaged on any of the construction and/or construction engineering work or services provided to be rendered herein shall in no way be the obligation or responsi.i�ility of the City. It is hereby undcrstood and agreed that any and all employees of the City and all other persons employed by the City in the perfonnance of any of the maintenance work or services required or provided for under this agrecment shall not be con- sidered employces o£ the State and that any and all claims that may or mi�ht arise under the ��orkcrts Compensation Act of the State of Minnesota on Uchalf of said � empl oyecs wliilc so cnf;:��ed and any and all claims made by any tliird plrties as a -14- � ��-- 58430 12 � consequence of any act or omission on the part of said Ci�y employees while so engaged on any of the maintenance work or services to be rendered under this a�ree- ment by the City shall in no way be the obligation or responsiblity of the State. Section E. Nondiscri.mination The provisions of Minnesota Statute 181.59 and of any appl.icable local ordinance relating to civil rights and discri.mination shall be considered part of this agreement as if fully set forth herein. Section F. A�reement Approval Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of such State of£icers as the law may provide in addition to the Co�nissioner of Transportation or his duly authorized representative. -15- . 1 ' ' , ' � ' r� '�., � �✓� ,� � i 1 ' � �� ' ' ' � �� . . 12 P S£3430 IN TI,STIt�;Oili' t��1I1:RI:OT�' L-hc parties liave dLily e};ecuL-ed tliis af;reement by ttieir duly auLl�orized off9.cers and caused tt�eir respective seals to be hercunto affixed. (City Seal.) , DE�E1R7'i�1EP:T OF TP..r1NSPORTATION Recorrsnencled for approval: By ,�' `- �,-� z <<. � �� "� � �� l �:_ ' Desi�n Lngi.neer By ,� District En�ineer IIy Director - Desi�n Services Approved as to fox-m and C.l'CCllt1011: ry Assit;t,int tlttur.iicy Gencral. -1G- C7TY OI' FRTDT,I;Y By Mayor Date By City Manager Dat e STATF OF IiI;;';];SOTA By Deputy Commissioner of TransportUtion (Operations) Date - �Date of Agreei:�ent ) Approved: Department of Administration BY � (AuLl�orized SibnaCttre) D:i t e 1 i?CSOl.til ] t)N ' f3E lT f?f=SOI_�JEU i:i��t the City of �ricalc�y errter i��to ��n a��r��:�ii;ent 4rith ' t.hc S��te of t�1inricsotu, [icE,arf.rr�cnt of Tr�,risEiortat�ir�r�, fur thc io�lo;�inc; p,trposes, ' ■ �. U Vd l �; : To rer;ove i:he exi�ting siyr��ls aild to {�ro��ide a neG�r traffic '' C011�1�c�1 si cinal �•ri i;h strect 1 i �I�i:s anu si gni r.g Un Trunk High- aray �o. 65 (Cen;:��al Avenue) at �3rd (lveri�.ie tdori.t�east in ' accordance ►-�i tf� the terms and c��di t.i ons set fortYr a��d con- ' tai ned i n Ag�"E:L'Riai1t �`I0. 5�35�� , a copy o% wf� � ch i��s befere �he C�unc�l. ' `T t � C�!C •� - I..� 1'i = a � ar � &E I1� �U�;: f��:{', (;.E �C��i �D ii�ai, t�� r: ;� ti' C�'r t:>' a� � c= ��. rc e`:,y ar� dL!tfl�ti"�i 7_`?(i 1:C E_'X�.^.CU'iC' S:iC.il � j't'i_'Ei�:�`.i?i. c C�u T.41C''i'E.'ii;y' c�.S";;C;i° iUY' i1C1�1 G{"t �?E',�'�u1 F O"f ,�;f"'�r' G"1i-j/ iil i C�1� 1`:f�l� CGi1i;i"c�Ct.(;�� Of �iC�:.'�"lOI1S COr"ii;1'('�:� �f;L'i^E}111. ' CFfif -�r�-r*n..: T. J •t:f �li�t $Gc�.�;G 0� i`�'iill"i6'S�J�ir C,Q�J;i t.�' ()1 {�=,T'y0i�d Ci ty oi� F f°i ci7 ey � i2�'?'i.'i:�� C� Y��l'i J� I:liit t.il? f'C7°�:'�r' i t;n `.��E'�C) i t� i l OC' 1 5 d t:t"�iP. itnG r01'i�'Ct ��i�r.l�� nf 1'�Sv�uf,�t�ii �1�i'.r',C�.}it.i:•�� t,� ��i� ii:l:}:�i.F��`; n�j� l�{1:.' l,�ilrt�i? Ot '..�i4 C�Ly� Q� Fi'lU�tz�/ dj; c3 G�tl�j� dl;"`i,�i0('-i��i I'::�':.`tli1Cj 'Cfi'r'.:�°CT ti:?fi1 �il �.ht� .__ day 0� � 1°7,t�., ciS SIiJI•dli t�� E:' fi� i Y1:;1:c^: �(i i Sd i� Ill'ni1 C"!� 1 C1 Il?j/ p o s s c� s�s i o t�:-------------- l Ci t� G�� c�►�k (Se�27 ) I t . ' 13 ,� � 13 A ��1IP,id�SOi�/1 �{�i?T�i��lSf'O1ti-i1-(�1Q`; [iE=P1'�(tTFit:trT Tf,/1F= r I C COPdTRUL ;1 f,I;l`,L t1GfZl.��iif:PlT NQ. Ji'7C�/'F BETt�.E�:id TNE ST/lTE OF h1ri�irFSOTF,, UEPARTt,�:fdT Q� TF.F,��SPCRTATION Rt�tD TNE CITY OF i�RIDLEI', iiIIJ�J�:SUT�i FO�� Ren�c�v�� i.��;; ex: st�i no T��;�p�r�.r; 7ra i�� i c: Si �;nal ar;d ��rRov� clr� � nc!�� i nt�rcor�:�eci:ed 71"c�fT':�� .C�:�li;'t"i;7 �I�;;it�l �t!lf:ii S?`.t�'�c��.. �..i�lil�,S 't14�'sil 5.i�yiil";�l u ?r i {c� � 3i � �' J �. �.i. _ ��1.4)�.7E:L�.. 7f 01 �ifl'!K ijlCli"il:'i;V "`1Ci; i�rj `��rf"j7't^rl� l�\iF?��ll:�� % Y.jt�!# G`�"��N.. �:Inw.,F.t-..,°r+ -i � C�• "l., � �. \- "`� ( ... i V 4 � 1 4�� J L 1 1 1 1 1•l V 1 V j'� � �i111k;�:S:;4c�. S. F'. OZO%-,S% FP ll �05-2 (:;0) f're}��:red k�V -fi°af�=ic E�r�c;ine",��g i�dl?E�.X IT�I�i F1L.LCT. F'.Y. FUtiJ ES1�1P'S,'1�1�1_i) 1'.'�ii:iU"; � f;i:C'�:.I�dr'��!_l: A(�i0t1�tT C�,CU� �uLE<ED C1t;y t�f 4-t:.j<!��>:;s y.��,�?23.�'S . i�:�;�_• Uific�r�i��.i.�::� cov��i•eci �. 1IfIS /1Gft(::E'P�f:f1T m�adc' and eni;cred i»t� �� r d �c� v, �� . f � a i JL ,c n the State of ' Mi►�ric��ota, De��<<rtm�nt oi� Tr�i;sj�art�tion, hcreinafi:cr referred to as the "State", and the C i i:y of t"ri dl ey, here�i tiafter r�:fcrrecl i;o as �:I►e "Ci ty" , WITflCSSGTIi : t�filC�El',S, i i i s consi dered ►i�utua 11y CiE'S1 T,ab1 e La remove the exi sti ng sinnal �.nd i:o ��r�ovide a neti� trc�ffic control s�ignal with stree�: lights and sign-in� on Tr�ti�l: Highvtay Pto. G� (Cei�tral tivenue) at 53rd Avenue �ortheast in � � the City; and _ 4�hERE�'aS, i t i s anti �i pa�;ed thai: sai d work i s�1 i gi bl e for seventy- ' t��ro and s�ix hu►.dreclths percent' (72.06;�;) FcdE�ra7 Aid Urban Exter;s�on Funds; and ' ��tHEf,EAS, ihe City ar,d Sta��e ►;�i11 pa� ti�i��te in tf7e cost, mainte- nance t.nd cp;�rati c�n of' sai d s i gna1 ari tn str•eet 1 i cht, af�d s i c�ri ;��n, as l�ierei n- ' �_J , � , ' ai`ter set �ort�; ' • ��Ol!, TFi��RFCi?G, IT IS AGRE�D AS ;�U►_L��' �: 1. Trte State sl��a i 1,p3°epar�� 'ch;; r�cess�:ti-y P1 ans , speci �� cati ot�s azid pro��0�:�1 S �3;?:� S�?c! 1 7 r El"�OY'iIi �i12 Ellnl iicE'.i' i i?C� t?�1� 1liS�12Ct1U11 t�(:({i,!? Y'E'C! �:C C:(.i:!if1� C 4� ti1� iieri�s oi= ti•rork hereina f Ler sle t fort+��. SUC II �-tor i; as dcscr� r�ed irn�e diai.t� ly above shai 1 coris � i tute "C��gi ��ceri ng and Irspecti on" and shal l bA so refe;�iR�d to i;erei r�a��er. 2. Ti�e caritract cost of the t�.ari: or, i f the 4vc�rk i s nct contrUcted, the cost of a11 laf�or, materials, an� equip�l��ni r�nta1 rcqui►�•ed to com�lete the �-,arl:, excc�p�; the cost or pr�viding the pc��-!er� s�pply to the service pole, shal l co;-�sti t.ute t.he actual "Cons �rucii on Cast" a►�d s�;a11 be so referred ta hereina{ter. 3. Ti�e Staie sh,,l l rem�vc� the e; i sti nr si y��al and �i t�sta l l or cause I, �he �insi:alla��i��,� e�f ir��i°c��r!��cteci acti.�aj.�-•d i;raffic cc�ntrc>1 si:,,�al ��ai�th s�:reet; 1�ic;I�i:� and s�ic�ning and �;�ast•-a��i=.�'an�� pe�+:c��i�ri�r� �ii�c;�icaL�io,�� r�r� �fr�unk fi�c�hi�!�iy Pdo. , - - 5f3_<5�� -1- , � 13 � � .., 13 C 65 (Cc�ntral /lvenur�) at 53i°d !',venuc P,c�rthc<�st. Csti��;�ted Consti°uct-ion Cust - �£;p,000. Feder•�tl Aid Urt,an Exl:ension sh�re - 7`1.�6 percent. Cii:y's share - 6.9i `> percent. 4. l�he State shall install or cau�e the installatian of ovenc�ad signin� and shall main�a�n said'signir,.; all at. ►�o cost to tl�i� City. 5. U}�on cor�ipl etion of i:he ti;�ork provi ded for i n�aragraph 3 hereof, �;he Ci�cy shall pay the S�;ate iis share of th� actual Construction Cost �lus six perceri: (G�'} of such share as i�i,s share of the cost of Erg�r��eering and Ins��ction. The St�i.e shali pay any re��aining cost. G. 7i�e Ci ty shal 1 i n�taT 1 oE� c�.use tl�e i n� �t� 11 at�i on of an ade�i�ate e? ec� r�i cal po�r�er su;?�iy to �ht servi ce rfol r-_ or ��d i i�ci udi ►�g �►�y necessary EX��iI� i Ot1S Of i�Q`r,'�i' 7°IrES eltiv, 1.l�?Qt1 CQ'-�'j�� I e'i 10l1 Of S�il ii �i"df i 1 C COtltl^0� S1 �?fld� i 115�:•? �� t?'i: i U!l � S�ld i i j�i"0\/'i C�E !1G.r.c S=uNy �� i,!'1 i:c� ��?r1.1?r f01" 1 t� d�%Ct'c:�l On zi i, tf,e cos ��nd e;;�ser�s� of the Gi �y. 7. Lsp�n co�n�l et�i ct� of Li1� �•a�,ti�; ccn � c��l ai.;t=d i n par��.c?raph 3 I�e�°e�f , tt�e Stai:° Slid� � i�?ai r�i.ai n a;�c� {;eep i n reN,_ii �° the trai=fi c s�i ��,al except fo�, r�- la��ipinc?, clearii��g and paintii�g a� its c�s� ard e�p�ns�; and the City si�all re- 1 amp, cl �an �:►�d pGi nt ti�e si gnal and �;a � r� ��i �; t:h� s t;3°Eet 1 i ghts ai: i ts co�t and c=x{�e;�se. 8. Ar�y and U11 ��ersc�ns er,ga.g��d in t��e <<foresaid �ti��1; to be performed by t.l�� Stat4 sf�u11 nat bz cc�r�si'dered en?,.� i oy;..}cs of t!ze Ci ty anc. any and al l clain,s tf��,t; r�u,y oi� n�ight arise't;nc'er th�� 4�Jc�rkers' Ca!�,per�satior� ,'Ict of this State otl �c!�U�f af said cr�,�?1�;�e�s titi°hi�ic> �o cr��fa�ecl an.f any a��cl all claims made by aiil' tf�-ir�c} party as a co,7s��,uc►�ce of ariy a::t; or ornission ar� tf�e part of sa�id cm��lc�;<<�f:�s ��ri��ilc �o engacte�i on �n�� of ,t;,� ,:c>>�k COi1�:E'lilj?�I��;ed her�eir� shall i�ot be �.he ol>l i��ic�,n zt�c1 re::C�o��,if�ility of the C�it,y. Ti;c St:ate shall ,�ot Lie respon- sibl� ��!c;� thr �,,�oi•�e.,r�;� Cc;,,;�,��ns�ltia,i �ici: for� <<ny e�;;��1��yees c,f tl�c C�iiy. �_ J . ' ��.i?!i!} � _2_ � 9. /111 timiry of a71 Lrai'fic con(;rol sic�nttls provic+^d fon c�t°ein sh<<11 f�� d�te►�mined by the St:ate, throuyh i ts Commissicii�er of 7rari�portation, and no cl�anges sl�all be maci;.� therein except v�itt� the ap��rova1 of tl��e State. ' S&354 '', _3_ � 13 D criti� or- r�>�o�.r_Y a�r�;o!l�� s �i a rour��: �i ty At�;orney UEI'I�,;'.1";�iEl`;1- Oi TR�':PtSFC� :TN� IOt� , Rf�CO',?:;�1;D��) FO�: ��.�P(:��'dkl : Uisi.��ici f:ri:;�ir�f�er��` _.� i fi'}�Jii`:�`�i�' �1\`',Sivl"I Trafii ic t�n�,�ii«z�r � � 0 i f; ce of D�:.�si ;�n S�r,vi ces a ; ��E;�f.�� --..__-- ---____. O��f i�� of D��;i;�n S��°vicc.s 11Pr i201��E1� P,fi i C) FO�:i�i f1��D [�XLCUTI�;v : • ---_ .— �--- - ---- � - - --------- --- — --__� ------. ... _ __. �;)t.'Cli?� I+SE;l ;l,i�ll'l: %iCt:01"il('y' ��`i1G1"'il� r S�..iIIE' 0� �'ilii�i::y�Ld �; � ,''_�i :� �i �� ay �fayor (Ciiy Seai) By---__ - I�ia ��r � c! e r Sl"�;Ti 0� i��Ifv��JTA A�� f' i ��',! E►? : {��i'I��i��{��rir7� 0� iRt;,��SP�i;T11► TCi; E3` ---:--- ----- Cc:�~,�� as � ��:c �, Dai:ed : pr�npr�1;'� . /i r t i v.? , t� . ��;�-ir��,�r c�F r1��iz��;TS��r�T�z;�� ; D�t: d : 13 � 14 RESOLUTIOi� N0. A RESOLUTION TO F�D�lERTISE FOR BIDS F0�2 I.AUfdDRY, U"JIFORMS & TObIELS BE IT RESOLVED by the Cot�ncil of thP City of Fridley, as follows: 1. That i t i s in the i nterest of �he �ity to a��lard bi d contracts for following items or materials: Laur�dry, Uniforms, Rugs, Mops and Towe7s for� Public bJor�ks, City Hall and (_iquor Stores. 2. A copy of the specificatiun� for the abave described items and materials, togethet~ wi�h a f7r�posa1 for the methad af purchase and the �ayment thereaf h��je beer� �resentec� ta 'che Ca��ncil �y the City N�anager and thie san•�c ar� hereby ap�roved and adopted as the plans anc� specifiica±ians, and the meth�d of acquisition and payment ta bE requi'r•ed b�� ti�E City with respect t� the acquisition of said it�ms ar�d mat�rials. 3. The purcrase �if said iterr�s and ma��r�a7s as described above shall be �ffect�d by seal�d bids to be received and opened by the �ity ofi Fridle,y ar� the lst day �f Ju1y, ]977 at 9:OU a.m. The City Manag2l~ is cfirected and autharized to advertise for the purchase of said items and materials by sealed bid proposals under not-ice as provided by la�� .nd Ghe Gr�arter of the City of Fridley, �he notice to be substantially in form as that shown by Exhibit "A" att�ched heretc� an� mad� a�art hereof by refer�ence. Sai d noti ce' si�al l[�e �ubl i>hed at 1 east tL�i ce in the c�fficial newspaper Uf �he City of Frid7ey. PASSED AND ADOP7'ED BY TNE CITY CUII�CII. QF 7HE CITY tlF FRIDLEY THIS • pF,Y OF h�1Y0R - WIILIA�t J. NEE ATTEST: 1977 CITY CLERt: - h1ARVIP! C. 62U"1SELL The City of Fridley has furnished uniforms for Public Works and Parl< employees since March 1972, and is part of the union agreement. T,:e }�re�ent ccntract for uniforr,s a��d laundr�� scrvice has expired and ��as te�;;�orarily ext�nded unt�il July 15, 1977 CITY OF FRIQLEY BID NOTICE FOR LAUNaRY, UNIFORMS, RUGS, EXHIBIT "A" MOPS & TOWELS The City Council of the Ci�y of Fridley, Minnesota wi11 accept sealed bids on Laundry, Uniforms, Rugs, Mops, and To4�rels on the ]st day of July, 1977 until 9:00 a.m. on said da�e a± the Fridley City Hall 6431 University Avenue N.E., Fridley, Minn�sota 55432 (Tel: 571-3450). A17 bids must meet the minumum requiremerlts of the specifications. Failure to comply with this section can resu�t in disqualification of the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond and made pa.yable without cond�tions to the Ci�y of Fridley, Minnesota, in amount of not less �han five percent (5%) of the bid, which check, cash or bond sha71 be forfeited if bidder neglects or refuses to ent�r into contract, after his bid has been accepted. The City reserves the right to accept the bid wrhich is determined to be in the best interest of the Ci�y. The City reserves the right to reject any and a7i bids and waive any infarmalities or technicalities in any bid received without explanat�on. � The City Council also reserves the right to consider such factors as time of delivery or performance, experience, responsibility of the bidder, past performance of similar types of items or materia7s, � availability of products and other simi7ar factors that it may determine to be in the best interest of the City. Copies of the specifications and general conditions may be examined ' in the office of the Purchasing Agent, or copies may be obtained from his office. ' All bids must be submitted,in sealed envelopes and plainly marked on the outside with "LAUND�Y, UNIFORMS & TOWELS". ' ' Publish: Fridley Sun June 22, 1977 June 29, 1977 � , � ' Nasim M. Qureshi City Manager lu A RESOLUTION N0. A RESOL�TIOfJ TO ADVERTISE FOR BIDS FOR TENNIS COURfi OVERLAY AND COLOR COATING TENNIS COURTS BE IT RESOLVED BY the Council of the City of Fridley, as follows: 1. That it is in the interest of the City to award bid contracts for the following: TENNIS COURT OUER�.AY AND COLOR COATING TENNIS COURTS. 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materia7s. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Frid�ey on the lst da,y of July, ]977 at 11:00 a.m. The City t�lanager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantial7y in form as that shown by Exhibit "A" attached hereto and made a part hereof by reference. Said notice sha71 be published at least twice. in the official newspaper of the City of Fridley. PASSED Af�D ADOPTEO BY THE CITY COU�dCIL OF THE CITY OF FRIDLEY THIS ATTEST: CITY CLERK - PIARVIN C. 6RUNSELL DAY OF h1AY0R - WILLIAM J. NEE iVOTE: THIS IS A BUDGETED ITEM 1977 15 ' �' ' ' � CITY OF FRIDLEY BID NOTICE FOR TENPdTS COURT OVERLAY AflD COLOR COATI��G TENNIS COURTS EXNIQIT "A" The City Council of the City of Fridley, Minnesota 4�i11 acept sealed bids on Tennis Court Overlay and Color Coating Tennis Courts on the lst day of July, i977 until 11:00 a.m. on said date at the Fridlev Citv �lall 6431 University Avenue N.E.. Fridley, r�linnesota 55432 (Tel: 571-3450). All bids must meet the minimum requirerr�ents of the specifications. Failure to comply vrith this section can result in disqualification of the bid. Each bid shall be accompanied b,y a Certified �heck, Cashier's Check, Cash or Bid Qond and made payable without conditions to the City of Fridle,y, Minnesota, in amount of not 7ess than five percent (5%) of the bid, which check, cash or bond shall be forfeited if bidder neglects or refuses to enter into contract, afiter his bid has been accepted. The City reserves the right to accept the bid a�hich is determined to , be in the best interest of the City. The City reserves the right to reject any and all bids and ;;�aive any informalities or technicalities in any bid received without explanation. The City Council also reserves the right to consider such factors as time of delive►^y or performanee, experience, responsibilitv of the bidder, past performance of similar types of items or materials, availability o� products and other simi7ar factors that it may determine to be in the best interest of the City. Copies of the specifications and genera7 conditions may be examined in the office of the Purchas�ng Agent, �r copies may be obta�ned from his office. , All bids must be submitted in sealed envelopes and plainly marked i on the outs ide ��ri th "Te�mi s Court Overl �y" . • , � ' ' ' , Publisl�: Fridley Sun June 22, 7977 June 29, 1977 Nasim M. Qu►�eshi Ci ty P�lanager l5 A 16 CITY OF FRI DLEY M£ M 0 R A N D U M T0: NASIM M. QURESHI, CITY MA�JAGER, A(�D CITY COUNCIL FROM: PIARVIN C, aRUNSELL, ASST. CITY MGR./FIN. DIR. SUaJECT: NUMQER OF PEOPLE SIGNED UP FOR SENIOR CITIZENS WATER RATES DATE: JUNE 15, 1977 The number of peopie who are currently registered for the senior citizens wate r rates are as listed below. Also, shown is the number of people that have officially been denied. Please keep in mind there were several people who did not bother to fill out the appl i cati on form as soon as the $7 ,000 fi gure �vas mentioned. A�so, some people called in and upon learning of the $7,000 limit, did not pursue the matter further. We have no record of these people. APPROVED DENIED TOTAL District No. 1 46 3 49 Di s tri ct No. 2* 26 5 31 District No. 3 47 3 50 119 11 130 *All of District No. 2 is not iii. The income of the people who applied for the senior citiz�ns water rate that di d not quali fy, is as fol lows : INCO�'E INCOME $ 8,338.00 $ 8,940.00 $ 9,251.52 $11,670.8U $ 7,109.85 $ 7,106.80 $15,236.00 $ 9,200.00 $ 9,000.00 Pe rson knew he was over. $ 7,454.40 If the re should be any further information the Council needs relating to the senior citizen rates, please let us know and we will be happy to supply it. MC6:sh ,�- .. , �_ J 1977 Ai'3'I,7CA'1'TO,i }'O!; SI'_:�;T(�?; Cl'1'1'.'.1:;i t•)��7'!�,T; Rl�'(`1:S 7'c�t' . Incotnc Appraved lleni�d ,C1ty of 1�'ric3lcry 6431. lJn� v<=.rsit�,� �'�vc�nu� P�E Fri d] <,;�, t�iir�n��r,ot ti 554 �2 � � TElephc�ire: 57J.-3�+50 � I herel�}� reqtie�t th•�it the mt�nicipal waCer hillinf;s fc>r the home at _ 'reflect char�;e;s lor c•;��te.r based on apPr.opriatc Sei:ior Citizen rc:duced raCe. N��ne My a�e , Spot�se , Plione No. ' ItvCO:•1E ' Social Securzty: Spot�se's Soc. Sec. OTIIER INCO*1E Source �� _^ 'Source His (or her) age (total yearly) (total yearly) (total yearly) (total yearly) TCTA7, HOUSEIiOLD Ii�COME (total yearly) ' T, the undersigned, declare under the penalties of perjury, that I am a citizen of Fridle}� ��}io qual.ifi_es for a re�it�ced water charge as pro�ided in Resolution No. 36-77 'and meet the fo�lowi.ng requirements: a. Am 62 years of age or older. ' b. OccLpy a siuhle family or douhle bun�al.o;o unit. ' c. Am r.esPonsibl.e fer water. billed to me directly b}� the City o£ Fridley. � 16 A d. H<ive certi.fie;i Ch�it nn� i.ncome is $ 7,�00.00 per year or less. (This certificati.on mt�st be i: ilc�d y��arly wii li the Ci.t} C1.erl:) , Date ' ' , Si�naturc. Address ' I 1 I , It RE�OLUTJOPa C'(tOVIUIIIG i�0lt RCUUC�LD 11/1TEf� f?/1TES FUR SEIdIOR CITIZEP�S idliF:I:�l1>, Sccti oi� �10?_.0�� of the (;i t�/ C��e C�ruvi ci�� th�t the Ci ty Counci 1 shall h�v� �3uti�orit;� l.o sct w�,t�r raics l�y resolutiu��, and t•JiiE�;E:A,S, Th�� Cit,y Counc'il had indicated a desirc ta provide a reduced vrater ratc f or ser►i or ci ti zens , ' It0',1, TN�RE:(�0,?E, �E IT R,i:�OLVED, That thc follo:ring t•rater rate schedule for all cra�ton�ers cxcept those qualifying tor ti�e senior citizen rate shall be as f�l lo�,�rs : . 'r1/�TCi: R/�TE SCII�DULE 0 - 10 ,000 Gal . 1Q,000 - 30,OJ0 Gal. �O,�CO - 50,0�0 Gal. 50,000 - 100,00Q Gal. 100,Q00 - 2u0,000 Gal. Qvei° - 200,000 Gal. �. 65/1 ,0�0 Gal .- Fi rst 10,0��0/P•ii ��i mum $6. 50 $.ci0/1 ,OG� Gal. - f•;ext 20,0�0 Gal. �.44/1 ,0�0 Gal . - �+ext 20,000 Gal. �.3�/1 ,00� Gal. - �;c>:t 50,G00 Gal. $.3G/1,0�0 GG1. - ;1ert 700,0�0 Gal. $.33/1 ,000 Gal. - Over 200,000 Gal. BE IT FURTHER P,ESOLVED, That the Ci ty Counci 1 her�eby provi des a reduced ti��ater r,ate schedule for senior ci ti zens as foll o�•rs : SE��IOR CITIZEi�! ';JATF�, RATE SCHcDLLE 0 - 10,000 Gal. 103000 - 30,000 Gal. 30,000 - 50,0�� Gal. 50 ,000 - 100 ,000 Gal 100,n�� - 200,000 Gal. �.40/1 ,000 Gal . - Fi rst 10,000/��1inimu�n �4.00 $. 33/1 ,000 Ga i. - Idext 20 ,0�0 Ga i. �.29/1 ,000 Gal. - P,�xt • 20,000 Gal. $.2�/1 ,OJO ual. - �Sext 5�,000 Gal . $.22/1,000 Gal. - Over 200,00� Gal. 16 g The fol l o�ti�i ng cri te r�i a mus� be ' inet i n orde r to qu al � fy for the seni or ci ti zen raie : 1. The senior citizens' must occupy single fan�ily or double bungalav units. The senior'citizen rate does not apply to upartmentis, com�nerci al , industri al , insti tuti onal , or° oti�er. 2, �he custo,ner or person f�aving rE5�0i151%l�lty f01, payr�ent of the t,rat°r charge must be sixty-i;��o ycar�s of age or older. 3. 7he �e��son �i�ust certify that the household incoi��e is less tnan �7,000 pc�~ year. Q. The seni or ci ti zen 'rates are to be effecti ve �,�i th the ��1ay 1 bi 11 i ng. PASSED �1�;Q ADOPTED G1' T11E CITY COU��CIL OF TfIE CIT1' OF f�RIULEY T}fiIS �Tii DAY OF AP'r:IL, 1977. /11T CST : C1-1 Y CLCi;f: -��1,11�I�IN C. t3l:11;1�LLL t�lAl'QE: - I�ILLIN•1 J, hEL 0 T�r� of I,icense: Food EstablisnmenL Union 76 Self Service 5695 Hackrr,ann Ave . N. E. Fridley, Mn. 55432 L1T l.Ul xy: James A. Giebel A�proved By: Steve Olson Nea.lth Inspector �77. 18 t�ee: �25.00 Temporary Food Establishment Fridley Jaycees Eric Emerson Steve Qlson asking P.Q. Box 32004 Health lnspector fee Fridley; Mn. 55�32 wa.ived For: Pancake Breakfast held at Grace F�3.gh. School. on �Tune 26, 1977. * Section 111.04 of the City Code exempts charitable institutions from fee. Cigare�te �--.- Tire City 5333 University Ave. N.E. Fridley, Ntn. 55432 Tire City 8255 E, River Road �ridley, I�in. 55432 Service Station Tire City 5333 University Ave. �,T.E. Fridley, Mn. 55432 Tire City 8255 E. River Road Fridley, b1n. 55432 Vending Nlachine Tire City 5333 University Ave. N.E. Fridley, Afn. 55432 Tire City SZ55 L•. River Road I�ridley, Aln. 55-132 Roger Wedell Roger tVedell Roger Wedell Roger Wedell Ro�er �vedell Roger lt'cclell -1- James P. Hill $12.00 Public Safety �irector James P. Ilill Public Safety llirector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert ll. Aldrich Fire Inspector Darrel Clark Building Inspector Steve Olson E[ealt}i Irispector Stevc Olson I{czlth Inspector $12.00 �..1 11 $60.Q0 $15.00 $1s.00 I.ICF•,h`�fiS 'CO F3ti AI'PftOV(:D I;Y 'fHI_CI'['Y_Cnl1NCTI._A�' 'f'ItGIIt RIiGUI.AIt 61t'.I:'CIi�(� ON JUNE 2Q,r1�177. 18 A 'I'y�e nf Liccnsc: Ry: APprovecl Ey: Fee: Temporary Food Establishmentt �_.Benson's Popcorn iVagon tiVallace R. Benson Steve Olson � 25.00 �'�� 5243 Fremon Ave. No. Health Inspector Minneapolis, Mn. 55432 �ar: 49er Day's. Location of popcorn wagon will be given by Ed Dunn at the city council meeting. � � � �--,� LIC�IISI�.S TO BP 11PPFtOVED BY 'TIIE CITY COUNCIL 11T THEIR REC;UL�1R ME�TING oN 18 B � JUNT; 20, 1977 � Gi.NERl�1� CONTFtI�CTOR APPROVED BY ' ' �uyust Construction Co. 966 Central Averiuc N.E. Darrel Clark I' Minnea��olis, P�n. 55413 By: M. A. CEderstrand Com. Dev. Adm. B-E �nterprises, Inc. 85 Thircl AvenuE: S.L. Darrel Clark �� tlew Brighton, t�in. 55112 By: r2i.chael J. Miller Com. Dev. l�dm. Crystal-Robbinsdale Roafing , 4001 Regent Avenue Tsorth Barrel Clark Robbinsdale, A1n. 55422 By: Ray Reine Com. Dev. Adm. ' D & E Builders Route �2 Darrel Clark Zimmerman, t�2n. 55398 By: Richard H. Peterson Com. Dev. Adm. ' Kohan Enterprises Inc. 2240 Florida Avenue South Darrel Clark St. Ir�uis Park, Mn. 55426 By: Walter Kocemba Com. Dev. Adm. ' Richard A. Palmer 1329 Gardena Avenue Darrel Clark ' Fridley, Mn. 55432 By: Richard A. Palmer Cor�. Dev. Adm. Shatnrock Construction Co. ' 3912 ?�ardham Drive Darrel Clark Minnea�olis, Mn. 55421 By: Mike McGinn Com. Dev. Adm. b9ASOIQRY ' Arcade Conerete Construction 2952 Arcade Darrel Clark ' Little Canada, Mn. 55109 By: Ran Lehrke Com. Dev. Adm. PUBLIC SWID'IMING POOL ' South Skywood Apar trnents 1050-1090 - 52nd Avenue N.E. STEVEIQ OLSON ' Fridley, Mn. 55421 By: Benedict Management Co. Environmental Officer ' , � , ' 18 C PERMIT FOR FIREWORKS QISPLAY TO CE APPROVED: PJame & Address , Approved by: UFW Post No. 363, Leo Olson 1040 Osborne Rd. �lE R. D. Aldrich, Dep. Chief Fridley, Mfd 55432 100 Twins Drive Inn Theater 4121 Stinson Blvd. c/o Mr. Chet Herringer Columbia Heights, MN 55421 R. D. Aldrich, Dep. Chief � ESTIM�TES FpR CITY COUNCIL COiVSIDERATION - JUNE 20, 1977 Weaver, Talle & H�rrick 316 East Main Street Anoka, Minnesota 55303 For Services Rendered as City Attorney for May, 1977 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Services Rendered as Prosecutor for May, 1977 Kenko, Inc. �275 CE��ti°ui Av��u� ��.E. Minneapolis, Minnesota 55432 f'ARTIAL �stimate #1 for Sewer and Water Proje�ct #121 for period ending June 15, 1977 $ 1,750.Q0 $ 2,060.00 $24,726.94 19 ,,M.� .� ' 1 1 � � CH:.RLES R. WEAVER I+ERfJ�.i-P! �. TALLE IRGIL C. HERRICK I �OBEPt MUNNS J1LL1l..N+ K. GOODRICH HOh°.NS A. GEDDF_ JEFFREY P.HICKEN �OUGLAS E. K�INT VCH ,Cit of Fridle Y Y , LAVV OFFICES � WEAVER, TALLE & HERRICK � 316 EAST MAIN STREET ANOKA, MINNESOTA 55303 »2l 5413 June 15, 1977 ■ May Retainer �ouncil Meetings 9-3/4 hours taff Meetings 4 hours Conferences with Staff 8 hours emos and Legal Research 9 hours itizens Inquiries 2 hours Ordinance Preparation 3 hours 35-3/4 hours �ours in Excess of 30 @ 40.00 er hour $ p �istrict Court Chromy vs. Fridley, et al Preparation of riotion and Supporting Affidavit � ' ' � 1 19 A INVOICE :�T� Gf►r v $1,300.00 230.00 220.00 TOTAL . . . . . . . . . . . . $1, 750. 00 � TIP1F RECORD FOR h1AY, 1977 PROSECl1TI0"d t�IORK 1. Preparation, Travel and Time in Court for 51 Pre-trials and 20 Court trials. 2. Investigation and Process of Complaints includ-in� office conferences, phone con- ferences, correspondence and preparation of 33 Formal Complainis. 3. Court and Police Administration. TOTAL 32 hours 00 minutes 15 hours 50 minutes 1 hour 15 minutes 49 hours 5 minutes DATE � ' � � FORWARDED FROM LAST STATEMENT 6-02-77 For legal services rendered as Prosecutor for the City of Fridley during P�ay, 19770 May, 1977 Retainer. $1,300.00 Time in excess of 30 hours (19 hours 5 minutes} 760.00 f declare under penalties of law 2hat this account, im or demand is ju�t and cor• _� rect u ci it� :,�+�y�t of it has been paic! � tt.�t,3,.��,.��,.��-'��, t.si..�.�.�� Si,r-,nature of CI��nant � SMI'fH. JUSTER, FEIKEMA, CHARTERED 4TTORNFYS 4T LAW �- : �.z e BALANCE �1,300.00 $2,060.00 19 � ' ��' �TI D1�AI�T I?QR llTSCUSSIUN PllItI'OSES ONLY 20 OP.DINfli'VCE N0. AN ORDINANC� ESTA�LISHING A CODE 01� ETIIICS FOK CITY OrIICIALS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN: SECTION 30.01 Policy ' Subdivision l. General Declaration of Policy. It is necessary that all persons acting in the public service not only maintain high standards of ethical_ conduct in their transaction of public business but that such standards be clearly defined and known to '� � the public, as well as to the persons acting in public service. In recognition of this goal, there is hereby established a code of ethics for public officials, elected and appointed, and for top �, level city empZoyees. The purpose of this code is to establish ethical standards of conduct for such officials and city employees by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure by such I, persons of private, financial, or other interests in matters affect- ing the city. Subdivision 2, nefinition of Top Level City Employees. As used in this chapter, the term top level city employee shall include the city manager, the city attorney, department heads, and any other city employees designated by the city manager. SECTION 30.10 Scope of Persons Covered The provisions of the code of ethics shall be applicable to all members af the city council and all advisory commissions and committee members and all tap level city employees. Members of city project committees, who are not members of commissions, are excluded from the provisions of this chapter. SECTION 30.20 Fair and Equal Treatment Subdivision 1. Subject to the provisions of subdivision 3 below, no council member, commission member, or committee member, while acting as such, shall participate in the discussion of, or vote on, any issue in which he or she has any direct financial interest. Subject to the provisions of subdivision 3 below, no top level city employee, while acting as such, shzll recommend, advise, or in any manner influence the vote of the city council, any commission, or any committee on any issue in wiiich l�e or she has any direct finan- cial interest. "Direct financial interest" is h�reby deemed to mean such an interest as would invoZve a reasonable ].il:elihood of �;a.in having a mone.tary value of substanc�. "Direct financial interest" shall be deemed for purposes hereof to include properties owned by tiie person making tl�e disclosure and properties owned by said person's spouse, clii�dren, mother., or fattier. 1'or pur�oscs of ttiis ordinance, ownership of more than 5% oi: The oatstandin� stock in a corporation, ait intrrest. i.n a partnersl►ip, proprietor;;hip or other business entity, or an interest in real property shall be deemed a"financial interest". Page 2 Subdivi.sion 2. Subject to th� provisi.ons of subdivision 3 below, if a council member, commission member, committee member, or top level city em�loyee has a financial interest in a business, investment, or transactzon which has a matter pending before the council, commis- sion, or committee of which he or she is a member, he or she shall not participate in the discussion as such public official or city employee. In the case of council member.s, commission members, or committee members, such person or persons shall not vote on the matter. Subdivision 3. No person covered by this code of ethics shall take any official action with respect to a matter in which he or she has a direct financial interest or personal interest which arises from blood or marriage relationships, proviciea that participation in the decision-making process on his or her behalf as a private citizen shall not be proscribed by this code of ethics, and provided further that he or she may participate in matters leading up to or preliminary to official action to the extent that he or she disclosed any such direct financial or personal interest as he or she may have in the same and to the extent that he or she has no discretion to make a final controlling judgment or vote on the same. Disclosure of any such financial or personal interest shall be made to the council, commission, board, or committee of which the person is a member or, in the case af a t�p level city employee, to the city Manager, when the item appears on the agenda. Such disclosure shall be recorded in the minutes and shall become a matter of public record. Subdivision 4. No person covered by this code of ethics shall, with- out proper legal authorization, disclose confidential information concerning the property, government, or aff.airs of the city, nor shall he or she use such information to advance the financial or otlier private interests of any person. , Subdivision 5. No person covered by this code of. ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance,whether in the form of money, services, loan, ' travel, entertainment, hcspitality, promise or any other form, under circumstances in which it cou.ld be reasonably inferred that the gift was intended to influence him or her or could reasonably , be expected to influence him or her in the performance of his or her officiai duties or was intended as a reward for any afficial action on his or her part. � Suhc�ivision 6. Except as specifically authorized by Section 471.38 of tl�� iinne.sota Statutes, no person covered by this code of ethics wl�o i.s authorizcd to take part in any manner in R1flIC111�' any sale, ' Ii�ase, ar contract in his or her official capacity shall have a dircct Linancial inCerest in that sale, lease, or contract or personall._y benefit Financially ther�from. ' �1 ' SECTION 30.30 Puhli.c Disclosure bv Citv Council. Suhdivi.s.i.on l. Witt�in 30 davs after the �ffective date of this code ol: ethi.cs, each memher of th� city council shall f.ile, as a public 20 A Page 3 rocc>rd �in �h� office of the ciCy c]c�rk, a si�;ned slatement disclosing the Lc�llowin�;: (1) A li5t of t}�e names of all business corpor�:itions, govern- ment��l r��;encies, c_ompanies, firms or partnE_rships, or other b�2sinc�ss etiterpri.scs doing bu5iness with the City of Fridley or at sc�rne locati_on within the City of Fridley: (a) with which he� or she is c_onnected as an employee, officer, owner, director, trustee, partner., advisor., or consultant; or (b) in which he or. she has any continuing financial inter.est as a resul.t of any current or prior emp2oyment or business or pr.ofessional association; or (c) in which he or she has any financial interest, as defined in Section 30.20; 20 B (2) A list covering tt�e prior three years of his or her interests in non-homestead 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, partnerships, companies, f.irms, or other business enterprises with which he or she has a continuing financial interest located within the City of Fridley, and in which one or more other persons covered by this code of ethics also have a continuing financial interest. This list shall indicate the name or names of such other person or persons. Subdivision 2. Each person who files as a candidate to become a member of the city council, or is f�led as a cand�date for city council on the effective date of this code of ethics, at the time of filing as a candidate or �aithin 30 days of the ef_fective date of this code of ethics, shall also file the disclosure statement required by this Section 30.30. Subdivision 3. iJithin 30 days after each anniversary date of an ' ini.tial filing, each person required to make suctl a filing under this Section 30.30 shall f.ile a new disclosure statement setting forth the information required hereby as of the time of the new statement. ' �' � J � II ' ' Subdivision 4. Tlaterial changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. SECTION 30.31 Publ.ic Disc:losure by Commission and Committee �iembers Sut�division ]. ldithi.n 30 davs after the effective date of this code oE e[t�i�•s, each member of any cc�nlmission or cammittee shall file, as a public record in th� office oi the city clt:rl., a signed statement discli�sin�; th� f��llcnaing: (:l) r1 list o! th� n�ime5 of all business corpor��tions, govern- m��ntal a�;c�nci�:�, cumpnni�5, l:irm5 or partncr:;l�ips doing business �aittiin ti�t� City of i�ridl.c�y: (.�) ��iti� which h�� ur she i.s conn�ct�d ��s an employee. c�l l ic•rr, own��r, dirc�rlor, truslee, p�;rtn�:t', adviSOY, or consultrint; ur , Page 4 (b) in whieh he or she has any continuin� financial interest as a result of any current employment or business or professional association; (2) A list of his or her current interests in non-homestead real property or rights in the same located within the City of Fridley. 20 C Subdivision 2. Each person who is appointed or reappointed.to a commis- sion or committee, within 30 days of such appointment, shall file the disclosure statement required by this Section 30.31. Subdivision 3. Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. SECTION 30.32 Public Disclosure by Top Level City Employees, Except the City Attorne� Subdivision 1. Within 30 days after the effective date of this code of ethics, and annually thereafter, the city manager, department heads, and other employees designated by the manager, except the city attorney, shall file in the office of the city clerk a signed statement disclosing the following information: (1) A list of the names of alI business corporations, governmental agencies, companies, firms or partnerships, or other business enterprises doing bus�ness with the �ity of Fridley or located within the City of Fridley: (a) with which he or she is connected as an employee, officer, owner, director, trustee, partner, advisor, or consultant; or (b) in which he or she has any continuing financial interest as a result of any current employment or business or professional association; (2) A list of his or her current interests in non-homestead 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 corpora- tions, partnerships, companies, firms, or other business enter- prises with which he or she is connected or has a continuing financial interest, located in the City of Fridley, and in which one or more other persons covered by this code of ethics are also connected or also have a continuing financial interest. This list shall indicate the name or names of such other person or persons. Subdivision 2. Each ne�oly-liired manager or department head, escept the city attorney, shall within 30 days of the hiring date, and ann�t�ll.y thereafter, fiZe tlie disclosure statement required by t2�is Section 30.32. Suhdivision 3. At�iterial_ cli�n�es in financial interest or in positions helcl sC�all he disclosed by filing ��n amended disclasure statement wi.tli:in 30 days ��fter such int�rest is obtained or such changed position occurs. � ' � SI?C1'tON 30. 33 Pi_i(�1 i�_Di_sclosi�r� by (:i ty �ttornc� Page S 20 D Subdivisi<>n l_. [dithin 30 d.�ys after the effective date of this code ' of c��hics, and annually Lhereafter, thc, city attorney shall file in the offi.rE: of the city cic�rk a signed statement disclosing the follow- i_nf; i.nformation: (:i.) A list of the names of all business corporations, govern- ment�il agencies, companies, firms or partnerstiips, or other business enterprises doing Uusiness with the City of Fridley, or located within tt�e City oF Pri.dley, in which he or she has any continuing financial. interest, except that clients of the city attorney's private l.aw practice shall be excluded from the list, provided that no other business relationship except that of attorney/client exists; (2) A list of his or Yier current interests in non-homestead real property or rights in the same located within the City of lridley. Subdivision 2. The city attorney, or members of his or her law firm, shall not appear before the city council, commission, or committee £or the purpose of representing any client, except the City of Fridley or employees of the City of Fridley, when such Iatter repre- sentation is in connection with their official duties as city employees. Subdivision 3. Any person who is appointed or hired as city attorney sha7.l, within 30 days of sai.d appoi_ntment, and annually thereafter, file the disclosure statement required by this Section 30.33. Subdivision 4. Material changes in financial interest or in property holdings shall be disclosed by filing an amended discl_osure statement within 30 days after such change occurs. SECTION 30.40 Exclusions This code of ethics shall not be construed to require the filing of any ' information relating to any person's connection with, or interest in, any professional society or any charitabl_e, religious, social, fraternal, educ.ational, recreational, public service, civic or political organiza- tion, or any similar organization not conducted as a business enterprise, ' nc?r sha_ll. discl.osure be reqiiired hereby w(lere prohibited by professional or business association ethics promulgated by any state agency. tSLCTIO�V 30.50 Method of Filing Th� cit� m�nager shall. infc�rm �ach per.son required hy this code. oL ethics ' t�u i i.le� a disclosiire stat�ment c�[ the time <�nd pl.�ce i:or filing. 7'I�e ci.ty � le� l. �h�i ] l pr��p�ir� Che� n��res5c3ry 2 nrm5 1 c�r tlie cl i 5� ] c��ure� st.it�m�nts. Thi� i�iC�� m:�n��cr shall mil.e �lvciil,iblc Co tlic city �•ouncil, or individual cuuncil membc�rs, co��i�s u1- al.l disctosur�� stat<•meiit:s Filed w:itt�in 14 davs ' aftc r s.tici i-il in�;. 'llie citv Rl�lila�;er sl�a l_I. nc�t ify the city COUtIClI. WIIE'T1E'.V(?i ,i �c�rsu�t wl�to is reqi.�i.red by tli-is rhaptc�r to Cilf� a disclasure �Cails to do SO. � ' , ' r<z�;E� � S1�.C7']ON 30.f�0 Vi.olr�tion�; Any violat.ion of Lhc provisions of' t}�is chapter i.s a misdemeanor and i.s subject Ln all pc�nr�lties pr��vidc.,d for such violations tmder the provisions of Cliaptcr 901 of thc� ]'r:idl.c�y City C<�de. PASSED t�Nll AI)OP'I']:D BY THE CITY COLNCIL OF TE{E CITY OI� FRIDLEY TE�IS DAY O I' , 19 7 7. MAYOR — WILLIAM J. NEE ATTEST: CITY CLERK — MARVIN C. BRUNSrLL 20 E