12/15/1980 - 5359OFFICIAL CITY COUNCIL AGENDA
REGULAR COUNCIL MEETING
DECEMBER 15, 1980
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FRlDLEY GITY COU�lC I L•
REGtlL�1R f�EETIidG - DECEf�BER 15, 1980 - 7:30 P, 1�1,
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!-�ACI< I iJ TfiE CI1"Y P_�AF�,^,',Eft � S 0� FI CF BY TFiE �'�EDfJ�SDAY BEFOP,E i N�
NEXT REGUL_/1� CCU!`JC I L P�1EET I NG , Tt-1/1P1N. YOU, ����►� 6e.r- ,2 �.�G,
PttgL�I� !WO'R'KS
PUBllIQ' WOR'KS I
REGULAR MEETING, DECEMBER 1, 1980
PUBLIC iiEARING �'�EETING, 1�EC�MBER �, 1980 �
Approved
ADOPTI O�d OF AGE�JDA :
Add to Estimates: Bill from Weaver, Talle & Herrick for month
of November in ammunt of $2,613.40
OPEid FORUf�I, VISITORS:
(�O�VSIDERATION OF ITEMS NOT ON AGENDA — IS P°�1N�)
Hugh Churchill, 59�5 22 Street N.E. Inquiring on status of
alley vacation between 22 and 3rd St. and 59th & 60th.
ACTYON NEEDED: Research problem and work on •
resolving problem with two four-plexes, and report back to City Council so
they can contact Mr. Churchill
rdEW BUST��CSS :
RECEIVING PLAN�dING COMMISSION MINUTES OF �
1�ECEMBER �, 19b0 , , , , , , , , , , , , , � , , . . , , 1 - 1 I
Minutes received
A(7TION NEED�D_, File minutes for future reference
> PUBL�ICI WORKSi
Ptifl'L��� (WO'R�CS (
I PIJBLIC WORKS
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PUBLIC WORKS
GULAR MEETI
iJE'rJ BUS I fdESS (CoNr i NuED)
RECEIVIiVG CHARTER COMMISSION �`�INUTES OF
OCTOBER �, Z��O � � � � � � � � � � � � � � � � � � � � � Z - Z C
Minutes received
AC1'ION NEEDED: File minutes for future reference
CONSIDERATION OF RESOLUTION FOR GRANT FOR
BIKEWAY/�^JALKWAY PROJECT %I0� 2, UNIVERSITY AVENUE� ����_3 - 3 A
Reso7ution #129-1980 adopted
A�TION NEEDED: Execute the grant and forward to appropriate parties
CONSIDERATION OF A RESOLUTION AUTHORIZING ACCEPTANCE
OF SUBSTATE AGREEMENT AND STATE GRANT AGREEMENT, �"�OORE
LAKE RESTORATION PROJECT AND ACCEPTANCE OF AGREEMENT��'OR
PROFESSIONAL SERVICES BETWEEN THE CITY OF FRIDLEY,
���1NNESOTA AND EUGENE A� NICKOK AND ASSOCIATES, INC� FOR
P"�OORE LAKE RtSTORATION PROJECT _� � � � � � � � � � � � � � ' 4 B
Resolution ��130-1980 act�ted. Agreement with Hickok & Associates tabled
to first meeting in January, when Hickok is to be asked to be present
ACTION NEEDED: Have Substate Agreement and State Grant Agreement executed
and forwarded to appropriate parties. Put tabled agreement with Hickok
and Associates on the agenda of January 5 for consideration and ask
Hickok and Associates representative to attent that meeting.
CONSIDERATION OF RESOLUTION ORDERING IMPROVEf•1ENT APJD
FINAL PLAiJS AND SPECIFICATIONS AND ESTIMATES OF COSTS
THEREOF FOR STORM SEWER AND DRAINAGE PROJECT N0, 132�
Resolution ��131-1980 adopted
ACTION NEEDED: Proceed with improvement
„ 5 — 5 A
':FINANCE
FINANCE
PUBLIC WORKS�
'FINANCE
,FINANCE
'FiNANCE
i�EW �USII�ESS �CONTINUED)
CONSIDERATION OF RESOLUTION ADJUSTING TH�
CITY OF FRIDLEY MILEAGE REIMBURSEMENT ������ p- 6A
Resolution ��132-1980 adopted adjusting mileage to 25� per mile.
ACTION NEEDED: make changes in records and voucher slips reflecting
the new mileage reimbursement
REPORT REGARDING INTERNATIONAL CITY
�'�ANAGEMENT ASSOCIATION DEFERRED COMPENSATION
P�ar� , , , , , , , , , , , , , , , , , , , , , , , 7 - 7 B
Council approved contributing 5% of City Manager's salary
to ICMA Deferred Compensation Plan for 1987. and in the
future in addition to his salary.
ACTION NEEDED: Make necessary arrangements with ICMA and proceed
as authorized to contribute 5% to pension
LI CENSES � � � � � � � � � � � � � � � � � � � � � $ - $ D
Licenses approved as presented except for the residential
rental property license renewals �as. presented in the memo
dated December 10, 1980 to Director of Public Works from the
Environmental Officer. These licenses were tabled until they
are in compliance with the City Code
ACTION NEEDED: Inform applicants that are not in compliance with the Code
their residenti.a.l xental property licenses renewals:were tabled until such
time that they are in compliance
ACTION NEEDED: Issue licenses that were approved by Council
�LAIMS � � � � � � � � � � � � � � � � . � � � � � . � 9
Claims'approved
ACTION NEEDED: Pay claims
ESTIMATES � � � � � � � � � � � � � � � � � � � . i0 -10 D
Estimates approved including estimate of Weaver, Talle and Herrick
form City Attorney services for the month of November in the amount
of $2,513.40. This estimate was added for approval at the meeting.
ACTION NEEDED: Pay estimates including the added license
COP�h1U�JICATIO�� :
SCHOOL DISTRICT i�0, 14: LEASING OF GARDENA
$CHOOL BU I LD I NG � � � � . � � � � � � � � � � � � ].1
Communication received
NO ACTION NEEDED
DISCUSSION REGARDING SEWER BACKUPS. City Attorney to work on a document
covering such situation in the future.
A�JOUR�� :
9:10 P.M.
FRIDLEY CITY COUNCIL MEETIPJG
PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN
NAME
ADDRESS
DATE : ��.c .� �v�E..� �S + i G,�
ITEM NUMBtR
_____�___________________________________________________� __________________—_____—___________�
J`�,S ^ O� ,
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
DECEMBER 1, 1980
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THE MINUTES OF THE REGULAR ME[TING OF THE FRIDLEY CITY COUNCIL OF
DECEMaER 1, 1980
The Regular Meeting of the Fti°idley City Council was called to order at 7:37 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:
MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider,
and Councilman Fitzpatrick
MEMBERS ABSENT: Councilwoman Moses
APPROVAL OF MINUTES:
REGULAR MEETING, OCTOBER 27, 1980:
MOTION by Councilman Barnette to approve the minutes as presented. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously. '
REGULAR MEETING, NOVEMBER 17, 1980:
MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ADOPTION OF AGENDA: �
MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously. �
OPEN FORUM, VISITORS:
There was no response from the audience under this item of business.
OLD BUSINESS:
ORDINANCE N0. 723 TO VACATE 12 FOOT ALLEY, 6000 BLOCK BETWEEN 2ND AND
; 2-1/2 STREf7S:
! MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance
No. 723 and adopt it on the second reading and publish. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
i the motion carried unanimously.
ORDINANCE N0. 724 TO VACATE ONE FOOT DRAINAGE AND UTILITY EASEMENT,
7105 ASHTON AVENUE, RICHARD WALTZ:
' MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance
No. 724 and adopt it or the second reading and publish. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ORDINAfdCE N0. 725 T� VACATE SIX FOOT ALLEY EASEMENTS, OAK GROVE AND
MOORE LAKE PARK 2ND ADDITIONS:
MOTION by Councilman Schneider to waive the second reading of Ordinance No.
725 and adopt it on the second reading and publish. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
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REGULAR t4EETING OF DECEMBER 1, 1980
PAGE 2
ORDINANCE N0. 726 TO VACATE ALLEY EASEMENTS, BLOCK 9, BER�IN ADDITION,
OWNFD BY MINNEAPOLIS WATERWORKS:
MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance
PJo. 726 and adopt it on the second reading and pub7ish. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the metion carried unanimously.
ORDINANCE N0. 727 TO VACATE ALLEY AND THREE STREETS, BLOCKS 2, 3, 4
AND 5, BERLIN ADDITION, BURLINGTON NORTHERN:
MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance
No. 727 and adopt it on the second reading and publish. Seconded by
' Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
' CONSIDERATION OF FINAL PLAT, PS #IIO-OZ, REGISTERED LAND SURVEY, MINNESOTA
TRANSFER RAILWAY (TABL�D 11-17-80):
Mr. Herrick, City Attorney, stated he had a meeting with four representa-
tives of the railroad and felt some progress had been made. He stated
there was a lengthy discussion about the issues and it was his under-
, standing one of the objections they had was the alternate route of the
bikeway/walkway. He stated this item has now been finalized and there
, would'nt be an alternate route, only a final route.
Mr. Herrick stated, in regarding to granting of the easements, it has
been the City's policy that easements of this type would not effect the
setbacks or the size of the buildings that can be placed on the property.
He stated the amount taken for easements will be considered both for set-
back and lot coverage purposes.
Mr. Herrick stated the question of the park fee, if one was paid at this,
time, was if there would be any additional park fee at the time the
building permit was issued. Mr. Herrick stated he has advised them
the park fee is a one time fee.
Mr. Herrick stated he believed there are representatives of the rail-
road present this evening and there may be s ane questions.
Mr. Flora, Public Works Director, outlined the property in question
which is a section along 73rd and University Avenues consisting of three
tracts, A, B, and C. He stated, during the Planning Corunission's review
of this property, certain stipulations were raised. One of the stipula-
tions was the establishment of an easement for an additional street and
a bikeway/walkway right-of-way along 73rd. He stated it was determined
that an additional 10 feet was required in Tract A to provide additional
` street easement for five lanes and a 15 foot bikeway/walkway easement
� along 73rd. Also, the identification of the normal 66 foot street
right-of-way in Tract C and a 15 foot bikeway/walkway paralleling
' the right-of-way and providing a north/south bikeway/walkway process.
' Mr. Flora stated a 15 foot bikeway/walkway along University Avenue has
been previously discussed, however, it has been determined that the City
would plan for a bikeway/walkway paralleling the service drive and would
; not require the 15 foot bikeway/walkway easement along University Avenue,
; however, the easement along 73rd would remain.
Mr. Wayne Serkla.nd, representing the Soo Line Railroad, stated, from
their standpoint, there is an additional problem and he didn't see
any written Planning Commission order as to what would be required
in this plat. He stated they would agree to the bikeway/walkway ease-
� ment and have assurances this can be used in the setback. Mr. Serkland
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REGULAR MEETING OF DECEMBER 1, 1980 PAGE 3
stated the service drive actually exists as a 50 foot street so it does
involve another 16 feet, in order to obtain a width of 66 feet, however,
they weren't aware of this until the middle of last week. Mr. Serkland
stated, frcm the Soo Line's standpoint, if they were to take 8 feet from
Tract A and 8 feet from Tract B, it would be quite a substantial amount
from Tract A because of the size of this parcel. He felt it would be
difficult if they have to dedicate another 16 feet along that parcel and
didn't know what type of structure they could construct. He felt the
frontage roads in many areas are probably 50 feet and with the access
off 73rd, there was going to be adequate streets.
Mr. Jeff Schmidt, representing Northwestern Railroad, stated the 50 foot
easement for the service drive was dedicated to the City some time ago.
Ne stated he has heard no indication from the Planning Commission on the
intent of widening this street. He stated he spoke with Mr. Flora this
morning as he wasn't clear where the additional 16 feet would come from,
all from Tract B or some from Tract A and some from Tract B: Mr. Schmidt
stated P4r. Flora indicated the reason for widening the easement was for
curbing and snow storage space to the side of the roadway.
Mr. Schmidt felt the 15 foot easement along the west side of Tract B for
the bikeway/walkway could actually be used in the winter for snow storage
as there wouldn't be any bikes using the bikeway during the winter. He
also questioned the necessity for widening the roadway.
Mr. Schmidt stated they are agreeable to the bikeway/walkway easement and
payment of the 3% park fee, but would object to the roadway easement and
thinks Council should consider the necessity of that easement in light of
the circumstances. Ne stated they are in agreement on the setback issue
and understand there will be no future dedication. He stated their concern
would beif th�ey decidedto sell off Parcel 3 in tracts, there wou7d be no
future taking of a park fee connected with this subdivision.
Mr. Qureshi, City Manager, felt the City is in agreement with all the items,
with the exception of the easement along University Avenue. He sta*ed the
City would only require a park �fee once and no subsequent park fee, if
Parcel B is subdivided.
Mr. Serkland felt the same would hold true with Parcel A and a park fee
would only be paid once, even if it was subdivided.
Mr. Qureshi stated, basically, on the park fee they have taken the assessed
value and allowed a 20� increase for inflation and took 3� of this amount
which would make a total park fee of $27,600.
P1r. Serkland fe�t this figure has gone up since the Planning Commission
meeting. He stated he recognizes the community has a legitimate need for
these bike trails, but questions if they have the legal right to acquire
them; however, they are willing to give the easement and pay the park fee.
Mr. Qureshi stated staff would recommendation approval of the plat with
the following stipulations: (1) That there be a 15 foot bikeway/walkway
easement along the service road and on 73rd Avenue; (2) There wili be a
10 foot dedication of street right-of-way along 73rd in Tract A; (3) There
would be 25 feet given on the corners (a triangular piece) of Tract A and
B at 73rd Avenue; (4) There would be no additional right-of-way along the
service road, except in the area where it starts moving away from University
Avenue ard only 8 feet whould be taken on Parcel 6; and (5} That a park fee
of $27,600 be paid.
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REGULAR MEETING OF DECEMBER 1, 1980 PAGE 4
MOTION by Councilman Schneider to approve the final plat, PS #80-02,
Registered Land Survey as filed by Minnesota Transfer Railway with the
stipulations, No. 1 through 5, as noted above. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
CONSIDERATION OF DAY CARE CENTER APPLICATION - MR. AND MRS. PAPKE _
TABLED 11/17 80 :
Councilman Schneider stated Mr. and Mrs. Papke were unable to attend the
meeting this evening, howeuer, the City Attorney was asked if he had researched
the matter of the locks at the Papke's day care center.
Mr. Herrick, City Attorney, stated he has examined the Fire Code and
discussed this matter with Chief Aldrich. Further, he has reviewed some
opinions and correspondence fran the State Fire Marshall's Office.
Mr. Herrick stated he is of the opinion the Fire Code does apply to this
•' situation, as far as the day care center is concerned. He stated he is
also of the opinion that Chief Aldrich, in acting in this capacity, is
, an extension of the State Fire Marshall as the code is a State Code,
rather than:a local ordinance.
He felt the City shouldn't waive the requirement because it is a State
requirement, and if the Papke's wish to ask for a waiver or variance,
they should do it directly to the State fire Marshall's Office.
' Mr. Herrick stated he would obtain a written opinion for the Council quoting
, the sections of the code and also an opinion from the Fire Marshall's Office.
' Councilman Schneider stated he would like the written opinion from Mr.
' Herrick, however, becaiase Mr, and Mrs. Papke are not present this evening,
he would suggest tabling action on this item until next week.
; MOTION by Councilman Schneider to table this 7�em to the next Council meeting.
, Seconded by Councilman Barnette. Upon a voice vote, al] voting aye, Mayor Nee
! declared the motion carried unanimously.
RECEIVING CATV COMMISSION MINUTES OF NOVEMBER 13, 1980:
. COPJSIDERATION OF CATV COMMISSION BEING INCREASED FROM FIVE TO NINE MEMBERS:
; Mayor Nee stated there is a recommendation from the Cable Television Commission
to increase their members from 5 to 9, however, the composition of the Commission
; is provided for in the franchise ordinance.
Councilman Schneider asked if the Commission could form ad hoc committes so
they could accomplish what they are after, without changing the franchise
ordinance.
Mr. Herrick, City Attorney, felt it was an inherent power they have to establish
comr�i ttes .
Mr. Qureshi, City P1anager, stated the ad hoc committes is a mechanism the
Commission could use and asked if staff should encourage them to move in
this direction.
MOTION by Councilman Schneider to direct staff to discuss the possibility of
ad hoc committes with the Cable Television Commission. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor �Jee declared the motion
carried unanimously.
REGULAR MEETING OF DECEMBER 1, 1980
CONSIDERATION OF CATV BUDGET AND AGREEMENT:
PAGE 5
Mr. Mark Scatt, Chairperson for the Anoka County Workshop, appeared before
the Council regarding a request for operating expenses for the fiscal year 1981.
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Mr. Scott stated the amount requested, $15,235, is primarily for the coordinator's
salary and only their absolute costs such as telephone and insurance. He stated
all other costs are raised by donations. Ne stated Northern Cablevision provides
them with the sutdio space and equipment, raw tape, and equipment maintenance.
He stated work has been done by volunteers and they are getting better support
from the com�nunity and felt it would continue through next year and, without
the workshop, he didn't see much use of the public access channel.
Mr. Qureshi, City Manager, asked if they had an overall budget for 1981 and
felt they shou]d submit tota7s and where they expect to raise funds from other
sources. He felt they should work on a total budget showing past revenues
and the future revenues they anticipate and, if the City is to continue
funding the workshop, would recommend the agreement date be changed so that
it comes during the Counci]'s review of the City Budget so they are able to
look at total priorities.
Ms. Barbara Hughes stated the workshop does have a budget comnittee that is
developing the total budget for the workshop. She stated this is something
they can predict reasonable well. She felt it was important the Council act
on this request reasorably soon as the workshop does have grant proposals out.
She stated it seems it would be to the betterment of the workshop and City to
meet the July budgeting period, however, the revenues aren't going to be that
well-known at that time of year. She stated they are in a better position
now to know the estimates on the franchise fee sin3ply bacause they will be
operating on what they know tne subscription rate will be. She stated the
,�eople in the workshop are dedicated to raising money for a]] the things they
are going to do. She stated the major drawback in using the access channel is
trafning the people. She urged the Council not to delay too much ]onger on
this request, and hoped they would vote ttiis evening because she felt it was
a reasonable request.
Mr. Qureshi stated he can sympathize with Ms. Hughes argument, but the
adminsistration is forced to make projections and estimates in June and submit
the budget and have it published in July and clearly the information received
in Pdovember or December would be more valid than the projections made in July.
He stated the City's budget process cannot be changed and wou7d sugyest the
workshop change their budgeting period. He stated he would suggest the Council
look at the total picture and other needs and make the decision on that basis,
and the allocations of funds should be prioritized. He stated, generally, the
Councii has taken the policy of not considering �tems after the budget process.
He felt the Council mdy wish to look at what other demands they have on the
franchise fee to prioritize this request.
Mayor Nee stated he felt they are almost at an irreducib]e minimum and the
question now is whether or not they provide funding in the amount requested.
Councilman Schneider stated in all likelihood he would support this budget, but
would feel more comfortable in knowing how much money they have and something
more firm on what funds would be coming in and to see what costs they would
be facing for the franchise renewal.
Councilman Fitzpatrick stated it seems they are ta7k�ng about under what
circumstances the Council will be doing somethin9, whether they are going to
do it with a document from the administration or do it on the request of the
Commission. He indicated he would have no objection to tabling this request,
but would rather have it back in one vreek instead of waiting two weeks.
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RFGULAR MEETTNG �F DECF.h16ER 1, 1980 PAGE 6
MOTION by Councilman Schneider to tahle this request from the Anoka County
Workshop and direct the administration to bring forth estimates of revenues
from the franchise fee, existing balances and estimated staff costs. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, �4ayor Nee declared
the motion carried unanimously, .
The Council then received the minutes of the Cable Television Commission
Meeting of November 13, 1980.
RESOLUTION N0. 124-1980 CERTIfYTNG THAT THE PRE-REUIEW REQUIRE�dENTS OF
FRIDLEY'S COt1P.REHE��SIVE PLAN HAVE BEEN SATTSFIED:
Mr. Qureshi, City Manager, submitted copies of the changed maps for the
Council's review.
Mr. Flora, Public Works Director, stated the land use map and primarily
the housing and potential housing maps were changed.
Councilman Schnedier stated the relolution states the plan was considered
and accepted, but not adopted, and quesitoned this wording.
Mr. Flora stated the Metropolitan Council woll have their review of the
Comprehensive Plan and then submit their comments and it will then come
back to the Council for final adoption.
Councilman Schneider asked Mr. Herrick if he was comfortable with this
procedure. Mr. Herrick, City Attorney, indicated he was and liked the
present mapping system.
MOTION by Councilman Schneider to adopt Resolution No.�124-1980. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
deciared the motion carried unaninmusly.
RESOLUTION N0. 125-1980 TO ADVERTISE FOR BIDS FOR REPATR OP� WELL N0. 10:
Mr. Flora, Public Works Director, stated Well No. 10 is one of the shallow
wells and, therefore, has a screen on it because of the sand and gravel in
this area. Fle stated the screens have become plugged with encrustatioiis and
are losing productivity and, therefore, �his resolution is requested for
repair work.
MOTION by Councilman Fitzpatrick to adopt Resolution Plo. 125-1980. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RECEIVING BIDS AND AWARDING COPiTRACT FOR 1981 INDUSTRIAL TYPE TRACTOR
BIDS OPENED NOVEMBER 21, 1980 AT 11:00 AM :
MOTION by Councilman Schneider to receive the bids for a 1981 Industrial
Type Tractor.
Brand Name of Tractor
Total Cost
L.ess Trade-In
tJet Cost
Delivery Date
Brand Name of Broom
L-Z Company, Inc.
Massey Fergusen
16,540.Q0
2,987.00
13,562.00
15 days ARO
Sweepster
Long Lake Ford
Tractor
Ford 531LCG
13,986.00
3,650.00
10,336.00
90-120 days
MB Model HT
Total Cost 2,010.00 3,288.00.
P4idway Tractor
& Equip. Co.
Ford 531C1G
13,828.06
3,850.00
9�978.00
60-120 days
MB Model HT
Wafer 3,160.
Cable Wrap 3,510.
Sweepster 3,035
with tractor
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REGULAR MEETIPJG OF DECEMBER 1, 1980 ' PAGE 7
�BIDS FOR 1981 IPIDUSTRIAL TYPE TRAC"fOR CONTiNUED :
Long Lake Ford Midway Tractor
L-Z Company, Inc. Tractor & Equip. Co.
Brand fdame of Plow Blade L-Z Made Locally General Welding
Total Cost 1,415.00 1,780.00 1,600.00
Delivery Date 10 days ARO 90-120 days with tractor
Grand Total $16,987.00 $15,404.00
8id 8ond 8,435.00 5% 1,000.00
Fed. Mutual Tns. Fed. Mutual Ins. Amer. Hardware
Additions:
Calbe Wrap Cone 360.00
Seconded by Councilman 8arnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Schneider to award the bid for one 1981 Industrial Type
Tractor to the iow bidder, Midway Tractor and Equipment Company, in the amount
of $18,938. Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
RECEIVING BIDS AND AWARDING CONTRACT FOR ANIMAL CONTROL BIbS OPENED
NOVEMBER 25, 1980 AT 11:00 AM :
MOTION by Counci]man Fitzpatrick to receive the bids for anima] control
and award the contract to the low bidder, MAPSI, 506 - llth Avenue No.,
Minneapolis.
BIO BOND
B�JARDING.
PA7ROL
ANIMAL
DESTROYING
INJURED
ANIMAL/
Biaine Midway A1I Pets.
�0911 Radisson Rd. N.E.
` Blaine, MN 55434
Certified
check for
��,oao.00
948 Days
$3,792.00
$4.00/day
1040 Hours
$14,560,00
$14.00/hour
No Charge
MAPS I. _
506 - 11th Ave. No.
MpTs: s �IN 554I1
Certif9ed '
check for-
$875.00
9�8"Days
$3,792:00-
$4.00Jday
1040 Hours
$11,440.00
$11.OQ/hour
138 Animals
$828.00
$6.00/animai
BITE CASE 64 calls 64 calls
$896.00 $704.00
$14.00/call $11.00/hour
' SPECIAL
SERVICE 64 calls 64 calls
$896.00 $704.00
$14.00/cal7 $11.00/hour
Any animals termed livestock -
dead or alive $17.OQ per hour-
Board $4.00 per day
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee dec]ared the motion carried unanimously.
� `.
REGULAR MEETING OF DECEMBER 1, 1980 PAGE 8
CLAIMS:
P�dTION by Councilman Schneider to authorize payment of Claims No. 319F01
through 32oZ02. Seconded by Councilman Barnette. Upon a voice vote, a11
voting aye, h1ayor Nee declared the motion carried unanimously.
LICENSES:
MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as
on file in the License Clerk's Office. Seconded by Councilman 8arnette.
Upon a voice.vote, all voting aye, ��tayor Nee declared the motion carried
unaniroously.
ESTIMATES:
MQTION by Councilman Fitzpatrick to approve the estimates as submitted.
Smith, Juster, Feikema, Malmon & Haskvitz
1250 Builders Exchange Bldg.
htinneapolis, htinnesota 55402
For legal services rendered for
the month of October, 1980 $ 2,440.00
N.D.H. Asphalt, Inc.
700 Industry Avenue N.W.
Anoka, Minn. 55303
FINAL Est. No. 4- Street Imp.
Project St. 1980-1
FIPfAL Est. No. 3- Street Imp.
Project St. 1980-2
Alexander Construction Co.
14561 Johnny Cake Ridge Road
Apple Valley, MfJ 55124
FINAL Est. t�o. 1- Street Imp.
Project St. 1980-3
$26,485.76
$17,366.27 $43,852.03
$80,906.1�4
! Slurry K.ote Service, Inc.
21480 - 147th Avenue North
Box 221
Rogers, MN 55374
Payment of 10% retainage - 1980
Slurry Kote Project $ 1,0£i5.00
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
COMMUNICATION:
METRO WASTE COfVTROL CONIMISSION: APPOIPdTMENT TO SERVE ON ADVISORY BOARD:
MOTION by Councilman Schnedier to receive the communication dated November 21,
198Q from the Metropolitan Waste Controi Commission. Secanded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
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�
REGULAR MEETING OF DECEMBER 1, 1980 PAGE 9
Mayor Nee asked if they could have a staff person serve on this advisory board.
Mr. Qureshi, City Manager, stated he felt Council would be the first choice,
however, if it is the Council s desire, a staff person could attend.
� MOTION by Councilman Schneider to direct that the City Manager or his designee
' to be the City's representative on the Advisory Board of the Metropolitan Waste
Control Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote,
� all voting aye, Mayor Nee declared the motion carried unanimously,
i ED KASPSZAK - CABLE TELEVISION COMMISSION MEMBER:
; Mr. Kaspzak stated he was watching the Council meeting on Cable 7elevision and
despite the weather, came down fio the meeting because he thinks it is important
; that the conversations made regarding Cable Television Commission members and
; remarks on fundiny the workshop, in his judgment, weren't entirely accurate.
� He feels there is a lot of information the Council doesn't have and he wanted
to put on the record.
Mr. Kaspszak stated, in watching the meetings on Gable Television, he cannot
always hear the Council meinbers and thinks it is important their remarks are
being heard. He stated, in terms of the number of inembers of the Cable Commission,
that cable television is moving so fast and swiftly and, as a responsible Comnis-
sion member, and pointed out he is not speaking for the Commission only as a
member, the recommendation was made to increase the members because of what is
happening in the field of cable television.
Mr. Kaspszak stated it has been suggested that within five years, the technology
of cable will advance more than television, as we know it just at the end of
World War II. He stated this is not a temporary situation and recognizes it
is d9fficult to get people to become members of the Cable Commission. He stated
it takes new members a full year to assimilate al} new technology and new regulations.
He stated the City can either hire expensive legal counsel or the other alternative
of adding four additional Commissiori members, some which might be inexperienced,
to bring the new franchise up to "snufif". He stated this is a very serious situation
and not done properly, could damage the City. He st�ted that none of the Commission
members knew this item was on the agenda.
Mr. Kaspszak stated the City needs a nine member Commission because of a medium
that is revolutionary. He stated you aren't talking about 30 or 54 channels,
but about 110 channels. He stated the re-negotiated franchises are going 15
years throughout the country and didn't want the City committed to a 15 year
program that is bad]y done. He stated they are looking for an additional four
members and what it will cost the City is only the additional $7.50 a month,
and they would look at that in lieu of consultants. He felt, if they didn't
get the additional members, they would have to hire a consultant as cable
television is big business.
Councilman Schneider questioned the difference in four additional Commission
members as opposed to four additional members of an ad hoc committee.
Mr. Kaspszak stated there are so many facets and cable television today is not
one of entertainment, but is one of utility, one of convenience, and one of
service, and no one, except those cTose to the situation, understands this.
Councilman Schneider stated he is not arguing about the additional help, but
why must they be members of the Commission, instead of a committee member.
Mr. Kaspszak stated they want to get Commission members to )earn what cable
teTevision is about and then go out and actually get involved in the process of
running the Commission which includes research and might include trips out of
the City.
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lU �
REGULAR MEETING OF DECEMBER i, 1980
PAGE 10
Mayor Nee felt there is some ��remium to be placed on flexibility especially whenit
is moving as fast as Mr. Kaspszak says. He stated the Comnission has a great
deal of flexibility in that they can set-up ad hoc committes as they see fit.
He stated, if it is locked into the franchise, you have to go through the hearing
process to change the amount of inembers and who is to determine what number of
members would be uesc.
Mr. Kaspszak stated he felt a Commiss�fion�� member��woul.d be ;more'
responsive and take a better attitude and didn't think on a volunteer on a
, committee basis, they would be responsive. Mr. Kaspszak felt there was a
difference in being an appointed member of the Commission rather than �erving
� on an ad hoc committee, as the ad hoc committee shares no responsibility, and
j the Commission member does.
' Mr. Qureshi, City Manager, there is a fixed structure for certain Commissions
and the number of inembers and a mechanism is provided for ad hoc committees
j and the Commission can appoint as many people as they want for these committees.
Mr. Kaspszak s�tated what they are looking for is help, not asking for a
consultant or #�ull staff, but asking only for four additional members.
Councilman Schneider stated the Commission can go out and get additional people
and didn't see what difference it made if they are members of the Cable
Television Commission or members of a commit�ee.
Mr. Kaspszak stated this is not an ordinary Commission, but is so differeat
and unique and will effect Fridley so dramatically and asked Council not to
dismiss this thing and felt they had to move fast.
�r. Kaspszak stated maybe the direction that came from the Commission for
additional members was misdirected and they should ask for a committment of
staff and outside help, then the budget wouldn't suffice. He stated what is
happening in cable television is very technical and revolutionary and didn't
want anyone saying, ten years from nou�, that the reason the City got a lousy
franchise was because the Commission didn't do it's job. He stated he is
here to tell them the whole procedure could be in trouble financially, and
speaking as one member and not tu 6�.misconstrued that he is speaking for the
Commission, thinks it is important for the Council to remember that the purpose
of the franchise fee of 5! was spe:ifically written into the ordinance that
this was dedicated to take care ot Commission's expenses, but primarily to
develop public access. He felt the Commission was receptive and asked the
Gouncil to take another look at it.
ADJOURNhiENT :
MOTION by councilman Fitzpatrick to adjourn the meeting. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the Regular tieeting of the Fridley City Council of
December 1,.1980 adjourned at 9:38 p. m.
Respectfully submitted,
Carole Naddad William J. Nee
Secy. to the City Council Mayor
Approved:
THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF
DECEMBER 8, 1980
�1
THE MINUTES OF THE PUBLIC �;EART�dG MEETING OF THE FRIDLEY CITY COUNCIL OF
DECEMBER 8, 1980
The Public Hearing Meeting of the Fridley City Council was called to order
at 7:38 p. m. by Mayor Nee.
PLEDGE OF ALLEG:ANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the
Flag.
ROLL CALL:
MEMBERS PRESENT: Councilman Ba;rnette, Councilman Schneider, Mayor Nee,
Councilwomarr Moses, and Councilman Fitzpatrick
MEMBERS ABSEP�T: None
ADOPTION OF AGENDA:
MOTION by Counciiman Rarnette to adopt the agenda as submitted. Seconded by
Councilwoman Moses. Upon a voice vote, all voting aye, Fiayor Nee declared
the motion carried unanimously.
PUBLIC HEARINGS:
PUBLIC NEARING ON AN ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE TO ROGER VAN
BERGEN Dt3A: BIG 8'S PIZZA FOR THE PROPERTY LOCATED A7 317 OSBORNE ROAD N E•
MOTION by Councilwoman Moses to waive the reading of the public hearing notice
and open the public hearing. Seeonded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried un,a;nimously and the ,;
public heaing.opened at 7:40 p. m.
Mr. Qureshi, City Manager, stated the staff has no problem with this request for
an on-sale non-intoxicating malt liqor license and the purpose of the hearing is
to receive any input from the public.
Councilman Schneider questioned if this was a renewal of an existing license.
Mr. Van Bergen, the applicant, stated he would be the new owner and would be
purchasing the business which is presently owned by Mr. Bob Johnson. He further
stated he wouid be operating the business in the same manrier as it is now and
it would be a family operation.
No other persons in the audience spoke regarding this request for the license.
MOTION by Ccuancilmar: Schneider to cTose the public hearing. Seconded by Coun-
woman Moses. Upon a voice vote, all voting aye, t�layor Nee declared the motion
carried unanimous]y,and the public hearing closed at 7:43 p. m.
PUBLIC HEARING ON STORM SEWER AND DRAIfvAGE IP4PROVEhiENT PROJECT N0. 132, P100RE
LAKE RESTORATIOfd:
MOTION by Councilman Schneider to waive the reading of the public hearing notice
and open the public hearing. Seconded by Councilwoman htoses. Upon a voice vote,
all voting aye, Mayor Pdee declared the motion carried unanimously and the public
hearing opened at 7:43 p. m.
Mr. Qureshi, City Manager, stated the C;�ty has, basicaliy, sent notices to a11
residents in this area, even though some will not be assessed, in order to
provide information to all property owners who might have some interest in
what the City is doing regarding water quality in Moore Lake and make them
aware what would be done with the drainage in their area. Mr. Qureshi pointed
out those persons who are here and not in the "orange area" as shown on the map
would not be assessed, but wanted to give them the opportunity to hear about
the proposal for improvement of Moore Lake.
_
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PUBLIC HEARING MEETING OF DECEMBER 8. 1980 PAGE 2
1r. Qureshi explained the City is divided into different drainage districts
and this is a major area in the City that hasn't been totally served by a
drainage system. He stated, in the 1960's, a hearing was held on a proposal
to drain this area along the Arth4r S treet to Rice Creek, however, the area
was sparsely developed at that time and the cost was quite excessive and
the Councit chose not to proceed with the total improvement.
Mr. Qureshi stated, in 1972, the Council adopted a policy for improvement
of the drainage in stages. He pointed out the areas on the map, shown in
green, brown and gold, which have had assessments for drainage improvements.
' Mr. Qureshi stated what is proposed now is to improve the drainage on the end
of the system to connect to the existing storm sewer system on the west side
of Highway 65. He stated because this improvement will not fully complete
;' the system, the proposed assessment is lower that what was originally anticipated.
� Mr. Qureshi stated there are four' existing outlets dumping water into Moore
Lake and.with the drainage improvement, dredging wi11 be done to remove the
excessi4e. deposits, realignment of some of the existing outlets to move
them away from the beach area, use of an existing water storage area near
Lynde Drive to further filter the water, and to remove two outlets that are
draining into Moore Lake and have them drain directly into the storm sewer
system. He further stated there would be a study to determine which of the
four methods proposed would be the best method to control the Aquatic growth.
Mr. Utter, 6084 Woody Lane, asked if only the properties shown in the "orange
area" on the map were to be assessed or all property owners on the East side
of Central.
Mr. Qureshi stated only those properties, outlined in orange on the map, would
be assessed.
� Mr. Utter pointed out there is drainage from Highway �5` i=rito �titie' Tak�� and
� constant pollution and no way to get rid of it. He felt the salt used by
the Highway Department in the winter also creates a problem.
Mr. Carl Wiemann, 6044 Central Avenue, stated the notice they received on the
hearing referred to assessing the east side of the lake and wished to clarify
that these properties wouldn't be assessed.
Mrs. Wiemann asked staff to differentiate the City of Fridley's oblioation
vs. the area outlined in orange on the map. Mr. Qureshi stated the property
owners, shown in the orange area on the map, will be paying for a drainage
system and it is a separate issue from what is being expended for lake
improvement of Moore Lake. It was pointed out the storm sewer system and
' improvement of Mocre Lake were two separate projects, but are interrelated
I and one could be done without the other, but they probably should not be done
separetely.
Mrs. Wiemann asked if the orange area on the map involves some City-owned
property and she was advised there is some City property in this improvement
project.
Mr. Dan Nelson, 6080 Central Avenue, stated he has four acres on the northeast
shore of Moore Lake which would amount to quite a bit of square footage. Mr.
Nelson felt, even with the improvement, it will not entirely clean up the lake
and yet the City wants to spend the money.
: PU[iLIC HEARING MEETING OF DECEMBER 8, 1980
PAGE 3
��
' Mr. Qureshi pointed out that almost all properties in the City have paid for
some storm sewer improvement and this area should be taken care of like other
' drainage systems in the City which have paid their storm sewer assessment.
Ne pointed out the Council, in 1972, could have chesen to put in the improve-
ment at that time, however, they chose to adopt an approach of stage construction
and to equalize the assessment in urder to minimize the effect of the improve-
', ment. He stated the City has taken the approach that everyone alill pay for
' drainage and they are being asked, at this time, to pay their fair share.
Mrs. Nelson, 6080 Central Avenue, stated their assessment wou]d be $4,875.00
and felt that is a big sum to clean up the lake.
Mr. Nelson stated he doesn't feel it is logical to try and clean up a lake
that connot be cleaned, particularly, when the water will be diverted into
another waterway or lake. He questioned what way they would benefit from the
improvement. Mr. Qureshi felt the load on the lake would be reduced, therefor'e,
it wouldn't deterioriate as it has been doing and the drainage system now going
directly into the lake would be diverted into another system.
Councilman Schneider stated when th? City was addressing the pollution of Moore
Lake, it was noted that something less than 1/2 of 1� of additiona) nutrief�ts
would be diverted into Rice Creek and because the creek is a flowing body of
water, they wouid have less effect than draining into the 1ake. He pointed
out the Rice Creek Watershed District would not allow the City to merely move
pollution form one pTace to another.
Mr. Nelson pointed out that on the North end of Moore Lake, there is already
drainage towards Rice Creek and quesitoned what is going to keep the level of
the lake up if they don't have dr�inage coming into it.
Councilman Schneider stated that issue was addressed in the study and based on
rainfall and the outlets, it was felt the lake will maintain the proper level,
Mr. Nelson stated he wished to go on record that he is opposed to this improvement.
Mrs. Neison stated if she has to pay $4,875.00, she didn't want the drainage
system at all.
' Mr. Jerry Wraneschetz, 6355 Pierce Street, stated at the present time there
is a concrete pipe that runs through his property and empties into a vacant
lot that drains into the lake and asked if the City is going to lay pipe and
eliminate the open ditch into the lake:
Mr. Qureshi stated the City will use as many open ditches as they can because
they act as an absorbant for nutrients to lessen the aollution.
Mr. Wraneschetz felt the Ciiy wasn't gaining anything by doing the improvement
because the ditch will just fill up again. He further pointed out that in
1978 the property owners in this area had an assessment for streets, curbs
and gutters, which averaged about $1,500, and felt this is just another added
burden and he had his doubts whether or not it would be effective.
Mr. Duane Levandowski, 6361 Pierce Street, stated he has an open drainage ditch
in the back of his property and water fills in this ditch up to his house. He
pointed out he had water three feet deep in his back yard and has lost his
garden area.
Mr. Qureshi staied what the City wouTd do is clean the ditch and re-shape it,
hov�ever, it would not substantially improve Mr. Levandowski's problem.. He
felt it would be better for P�Ir. Levandowski to build up his yard so the drainage
was lower than his property.
Mrs. Gloria Wiemann, 6044 Centrai, asked for a breakdown in terms of financing
this $160,000 project. Mr. Qureshi stated the property owners will be contrih-
u;.ing by assessments the amount of $144,404, which ]eaves the City a balance
of approximately $46,000.
1�
PUBLIC HEARING MEETING OF DECEMBER 8, 1980 PAGE 4
Councilman Schneider pointed out the land owned by the City is assessed in
the same manner as the other property owners.
Mr. Leo Nelson, 6065 Central, stated he wished to go on record that he is
not in favor of the improvement.
Mr. George Dehtarais, 6411 Pierce Street, stated he has lived at this address
for 25 years and wantett to go on record he isn't in favor of this project and
can't see where it would help the area.
Mrs. Gray, 6062 Central Avenue, questioned if the City was trying to cut out
everything draining into Moore lake. Mayor Nee stated they would do what is
economically feasible and pointed out there wauld also be a biological
filter to take out nutrients. Mrs. Gray stated she just couldn't see this
helping the problem.
Mr. Welding, 6491 Central Avenue, questioned the amount of the assessment and
Mr. Qureshi stated it is $4.96 per 100 square feet. Councilman Barnette pointed
out that Mr. Welding's property would not be involved in this assessment area.
Councilman Schneider stated the matter of a storm sewpr system'gets back to
the original plan so water coming from the area shown in "orange" on the map
doesn't effect someone else's property, in this case, it is Moore Lake. He
pointed out the study shows if they move this water elsewhere it would have
a lesser effect on Moore Lake.
Mr. Levandowski, 6361 Pierce Street, questioned if anyone across the street
would be included in this assessment. Mr. Qureshi stated they would not
and all the lots along 63rd are not proposed to be assessed under this improvement.
Mr. Wraneschetz, 6355 Pirece Street, stated he could not understand why the
�roperties on the East side of Pierce were being assessed and the properties
on the West side would receive no assessment.
Mr. Qureshi stated when the whole drainage system in this area is completed,
everyone would pay their fair shara of the cost. He stated the Council's
position in 1972 was that everyone in this drainage area would receive an
assessment and it would be equalized. He pointed out other properties in
this drainage district identified on the map in green, brown and gold have
already paid an assessment.
Mr. Dan Nelson, 6080 Central P.venue, questioned if Council would be voting
on this improvement this evening. Mayor Nee stated normally the hearing is
held and action is not taken at the same meeting. He stated questions were
raised this evening that Council members may want to check into as to whether
or not�this is a justifiable project.
Councilman Barnette asked if there was anyone present wh� would �l�ike to speak
in favor of the improvement to which there was no response from the audience.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unaninously and the public hearing closes at 8:50 p. m.
CONSIDERATION OF DAY CARE CENTER APPLICATION - MR. AND MRS. PAPKE TABLED
11/17/80 AND 12/1/�� :
Chief Aldrich of the Fire Department stated the staff's position regarding
this application hasn't changed, however, there is a variance procedure and
the applicant may apply for this through the State Fire P4arshal's Office.
' �5
PUBLIC HEARING MEE7ING OF DECEh16ER 8, 1980 PAGE 5'�
Mr. Newman representing the �iYy Attorney's Office, stated the State has the
final decision, but as an investigative body, the Council can investigate and
make a recortr�tendation which then the State wi7 act on.
Chief Aldrich pointed out you have a change of occupancy since a single family
dwelling is being changed into an educationa] occupancy by the application for
a day care center. He pointed out when you:look at this from the standpoint
of code enforcement, you are looking at something entirely different than a
single fami7y dwe7ling.
Chief A1dr1Ch stated the Council could take a position to lessen the life
, safety standards in this City, but as he sees the rule under which they have
' to operate, feels the best judgment was given to deny the application. He
stated they have denied other applications because of locks of this type, and
felt in a smoke fil]ed room it would be very difficult to find a key hole to
open the door.
Chief Aldrich stated he understands the spot the P�pke's are in, however, he
felt they are dealing with different sets of specifications and talking about
security of tangible items and security of intangible items. He suggested the
Papke's might think in terms of a solid core door that would negate the need
for the key and they could get by with a thumb operated lock which would be
, permitted.
Councilman Schneider felt it would be negiigent to ignore the staff's recort�+endation,
even though he knows the Papke's word that the door wouldn't be locked would be
carried.through, this may not be the case in other applications received.
Councilman Schneider suggested staff provide a detailed memo on the next steps
the Papke's would take, if they wished to apply for a variance from the State,
and also what wouid be some alternatfves regarding the locks.
MOTION by Councilman Schneider to deny the request from Mr. and Mrs. Papke
to waive the requirement of the Life Safety Code relating to the type of locks
regarding their day care center operation, based on the letter from the City
' Attorney regarding the question on whether or not the Council has jurisdiction
in this matter. Seconded by Councilwoman Moses.
Councilwoman Moses stated she could sympathize with the Papke's, but realizing
how difficult it w�uld be to find a lock in a smoke fil7ed room, she felt this
is a life situation and the Life Safety Code would have to rate above security.
UPON A VOICE VOTE TRKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee de-
clared the motion carried unanimously.
CONSIDERATIOPJ OF ALLOCATION OF 5% FRANCHISE FEE FROM CABLE TELEVISION:
Mr. Qureshi, City Manager, stated in the information received by the Council
regarding the cable television program, staff attempted to show the history
regardinq revenues and expenses. He pointed out the revenue both for 1980 and
1981 could potentially be higher than what is shown and is only an estimate.
Mr. Mark Scott, representing the Anoka County Workshop, stated he talked with
the Manager of Northern Cablevision, Mr. Terry 0'Connell, and they are pro-
jecting the 1980 income to be about $35,000 which will be received by the City
in April of 198L
Councilman Schneider stated his one concern for the future is that they might
not have the 5`o franchise fee as it may be cut by the Legisiature. He thought
perhaps the Workshop should be approaching other governmental bodies and trying
other sources for funds, if the fee is not there in the future.
16
PUBLIC NEARING MEETING 0� DECEMBER 8, 1980 PAGE 6
MOTION by Councilwoman Moses to authorize the City to enter into the agree-
ment with the Anoka County Workshop for funding in the amount of $15,325.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, '
Mayor Nee declared the motion carried unanimously.
RECESS:
A recess was called by Mayor Nee at 9:30 p.m.
RECONVENED:
Mayor Nee reconvened the meeting at 9:40 p.m. All Council members were
present.
NEW BUSINESS:
REQUEST FOR TEMPORARY COVER OF "NO PARKING" SIGNS:
The Council received a letter from Mr. Robert Bryant, 5421 7th Street, re-
questing a lifting of the "no parking" ban in the 5400 block of 7th Street
on the eveni�g of December 13, 1980.
Councilman Schneider stated from a safety viewpoint, the Public Safety Director
had no problem with this request, however, his concern is it would set a pre-
cedent and they may get other requests from residents in the area.
Councilman Schneider felt probably the "no parking" signs should just be re-
moved, but there is a question if this should or should not be done.
Mr. Bryant stated he didn't request the removal of the signs, as he can't
speak for removal, since he hasn't talked with the neighbors. He stated he
didn't know why the signs were put up, but thought it might be because of
parking problems involving the apartment buildings.
Mr. Qureshi, City Manager, stated the question of covering the signs does in- '
volve other people.
Councilman Schneider questioned if a procedure could be established, similar
to the one used when requests are received for a block party, in the event
of any other such requests.
Mayor Nee stated, in some cases, the signs may be there for safety reasons and
in other cases, they are probably there for convenience of the residents.
Mr. Bryant pointed out the request would effect only five homes in the area.
Mr. Qureshi stated Council has the recommendation of staff for denial, but
' could direct otherwise, if that is their desire.
MOTION by Councilman Schneider to authorize the covering of the "no parking"
signs in the 5400 block of 7th Street, as per Mr. Bryant's request, and to
direct the administration to adopt a procedure or policy covering future re-
' quests of this nature. Seconded by Councilw anan Moses. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
" CONSIDERATION OF APPROVAL FOR QOND ISSUE AS REQUESTED BY FRIDLEY NOUSING AND
. 126-1980 PROVIDING FOR THE ISSUANCE AND SALE
RESOLUTION N0. 127-i980 AUTHORIZING APPLICATION AP�D AGREEMENT FOR MOODY'
An��n�trtnni Qnnin onrr;,ir_ �
ION N�. i28-1980 �UTHORIZING FINANC
_ _
__ _ ,
2±
PUSLIC HEARING MEETING OF DECEPIQER 8, 1980 PAGE 7
Mr. Richard Ehlers of Ehlers and Associates appeared before the Council regarding
the bond issue as requested by the fridley Housing and Redevelopment Authority.
Mr. Ehlers review�d the exhibits, 2.00, 2.QQ and 2.10. Exhibit 1.00 showed
the total bond issue of $2,200,000 and the structure with land acquisition
costs, cost of the sale and discount allowance. Exhibit 2.00 showed a computer
run of the tax increment available for debt services and Exhibit 2.00 shows
that the tax increment will pay the debt service on the bonds.
Mr. Ehlers stated these computations were made based on an interest rate of 9%,
but felt, even though the market has deteriorated, the interest would be in the
area of 9-4% to 9-'�/, with an AA rating.
Mr. Ehlers stated if the Council wishes to proceed with the bond sale,there is
a resolution for issuance and sale of the bonds; a resolution directing the
City Manager to apply to Moody's for a bond rating; and a resolution directing
Ehlers and Associates to handle the bond issue.
Mr. Boardman, City Pianner, explained this bond issue is strictly based on the
Village Green Development and at present values they have within the tax incre-
menL district. He stated they are looking at the bond saie for investment
purposes and selling the bonds on the investment potential they have with Village
Green.
Mr. Ehlers felt it might be well to direct that the bids for the bonds be re-
ceived in their offices at q:30 p.m. on January 19 and they can check them and
make new computer runs to submit to the Council that evening to see if the
increment plan is working. He pointed out the Council has control up until
the time they award the bid.
MOTION by Councilman fitzpatrick to adopt Resolution No. 126-1980. Seconded
by Councilwoman Moses. Upon a voice vote, al] votin9 aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilwoman Moses to adopt Resolution No. 127-1980. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Barnette to adopt Resolution No. I28-1980. Seconded by
Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CLAIMS:
MOTION by Councilman Schneider to authorize payment of Claims No: 336543
through 339R16. Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman
Schneider. Upon a voice vote, a1i voiing aye, Mayor Nee declared the motion
cdrried unanimously and the Public Hearing Meeting of the Fridley City Council
of December 8, 1980 adjourned at 10:30 p.m.
Respectfuily submitted,
Carole Haddad William J. Nee
Secy. to the City Council Mayor
Approved:
CITY OF FRIDLEY
Pl.l',(li�lIi1G COf�ifQISSIOi�t t�GETIP�G, GECE��I3ER 3, �9f30
CAI.L TO ORDER:
Chairman Harris called the Decen�5er 3, 1980, Planning Commission meeting to
order aL 7:39 p.m.
ROLL CALL:
Members Present: Mr. Harris, Ms. Schnabel, Mr. Svanda, Ms. Hughes, Mr. 4�harton
Members Absent: Mr. Treuznfels, Mr. Oquist
Others Present: Jerrold Boardman, City Planner
P.PPROVAt_ OF OCTOQER 21, 1980, PLAPSN?NG COMi�1ISSI0td t�IINUTES:
MOTIO�V BY ��IS. SCHidA3EL, SECOiVDED BY MR. WHARTON, TO APPROVE THE OCTOBER 21, 1980,
PLANNIIJG C0.�JI�IZSSIOIY l�llidUTFS AS WRITTEl7. UPON A VOICE VOTE, ALL VOTING AYE,
CfiAIR!•I�11V f1ARRIS DEc:LARED THE MOTION CARI2IED UNAiVIttifOUSLY.
1. COyTINUCD: PUBLIC HEARING:.:AMEN��•1ENT TO CHAPTEP. 205 OF TNE FRIDLEY CITY CODE,
GE('�CRALLY f:hd0'�!N h'S THE FRIDLEY ZOidING COUE
Public Hearing Open.
MOTIO�'V BY MS. SCfINABEL, SECONDED BY MS. HUGFfES, TO RECEIVE THE AME�VDMENT TO
CHAPTER 205 OF TNE FI,'IDLEY CITY CODE, GEIVERALLY KNOWN AS THE FRIDLE% ZOIVING CODE.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN N�IRRIS DECLARED THE MOTION CAFZRIEi7
UNANII•lOUSLY.
Mr. Boardman stated he has made the necessary changes in this document and has
eliminated excess wordage. Ne stated he has also received Mr. He rrick's copy
of the docum���t and v�as able to d;scuss tne changes tiir. Nerrick feels are
necessary. He stated he �vould like to go through the decument with the Planning
Con,mission to note the changes and discuss ihe recommended changes made by
Mr. Herrick.
245.02 GOALS
iPa9� 2�
Recommended changes by Mr. Herric�:
#3, 1lPARTMENT -"unit for si�ngle fiamily"should be changed to "unit for one
family"
�14.00^lD�h1INIU�d -"Structures hovsin apartment units" should be changed
to "Structures containing apartment uniis°
(page 3)
#115. CURQ GRACE - Delete "or its equivaient for the purpose of this
ordin��nce"
1
T....
� �
PLAf�NING COf���ISSIO�d P�EETING, DECEP�QER 3, 1980 PAGE 2
Recommended ch�.nges by Mr. Nerr�ck:
(page 4)
#30. HOME OCCUPATION - Mr. Herrick wanted to know what the purpose of
"over-the-counter retail sales was and if there was no purpose
other than to restrict retail sales, he questioned whether they
should say "over-the-counter". Mr. Nerrick recommended that
"provided that no signs other than those normally utiiized in a
residential district are present" and "over-the-counier" be de7eted.
Ms. Schnabel stated she felt that what was w•ritten in the definition for "Home
Occupation" really belonged in the Zoning Ordinance. She stated that there
could be a simple definition and then the restrictions could be listed in the
Zoning Ordinance. She though� it would be harder in a court of law to defend
a definition as opposed to defending an ordinance.
Mr. Boardman stated he had no problem with this suggestion. It might be a
little cleaner. He stated he would reorganize this and make the necessary
ch�nges in R1 and R2.
Ms. Schnabel stated that another thing the Cammission had ta7ked about at one
time was whether or not the City should require business licenses. No decision
was made. ,
Mr. Harris stated tha� one reason wFiy they should be concerned about the home
occupation was that inthe Comprehensive Plan, they had stated they wanted to
maiiitain and upgrade the character of the residential neighborhood. If they
are going to raintain and upgrade the character and integrity of the residential
neighborhoods, and if they are going to allow commercial �nterprises within those
residential neighborhoods, he felt they were working at opposite ends of ti�e stick.
Ms. Schnabel stated she saw the need for licensing as a tnethod of the City
gaining the knowiedge of wherethese occupations are located, the neighbors
knowing that the City has some kno�,�ledge of these occupations, and maybe
praviding a veh�cle for the City to supervise what is going on.
Mr. Board�nan stated that the City has no business licensing at all. They cannot
just license sorte businesses. They either have to license a]l t�usinesses
or not license businesses at all.
Mr. Harris stated the real concern about home occupa�ions was flow the home
occupations impacted the surrounding neighborf�oods.
Ms. Schnabel asked if the City receives any complaints regarding home occupations.
Mr. Boardn�an stated they really have not received any com�laints on home
occupations.
PLA?d��I��G COi•1f�ISSIOf� t4EE7IfJG, DECEhiE�ER 3, 1980 PRGE 3
Ms. Hughes staf:ed that, at this point, she did not want to pursue the question
of business licen,ing. It may have some merit far the Community Uevelopment
Commission to pursue this question.
The Commission concurred that the question�of v�heiher to require business
licensing in the City of Fridley be referred to the Community �evelopment
Commission.
(page 5)
Recommended changes by Mr. Herrick:
#32. HOTEL - Reword as follows: "A building designed for occupancy as a
temporary abiding place of individuals who are lodged, in which
there are six (6) or more guest rooms, and in which no provisions
are made for cooking in any individua1 room or suite."
(page 6)
#45. MOTEL - Delete "each of which has a separate outside entrance leading
directly from the outside of the buildings"
#52. PUBLIC FACILITY - Reword as follows: "Any facility wiaich is owned,
o�erated, or maintained by the City of Fridley or other governmental
agency.
(page 7)
#53. PUBLIC PROPERTY -"public non-profit organization° should be changed
to "governmental agency or subdivision"
#64. TOWNHOUSE - Reword as follows: "A townhoiase is a unit wherein the
owner has title to the unit and the underlying land and common owner-
ship of the real estate which is not covered by the struc�ure."
205.04 GENERAL PROVISIOPJS
205.041 Declaration of Policy
�Pa9� fi)
Delete �2 under Declaration of Policy
(page 10)
205.0�4 Lot Provisions - Change to"205.044 Quildi� Site Provisions"
#1. Change "lot" to"building site"
� �
x�
1C
PL�INNING COMMISSION P�I�ETI�JG, DECE+�QE�t 3, 1980 PAGE 4
(page 11)
Recommended changes by Mr. Herrick:
#7. Insert "more or" after "6 feet"
(page 12)
205.045 Accessory Buildings and Structures
#3. Delete last sentence beginning with "when permitted in a district...."
205.046 Required Yard and Open Space
Delete #1
(page 13)
#3-B. Delete "provided that the glare is not visible from adjacent
residential property"
(page � 5)
#b. Solid UJaste - The Planr�ing Con�mission charged this to read: "Sanitary land-
fills shall be prohibited." Delete rest of paragraph.
205.05 ADMINISTRATION A�1D �NFORCE(��1EP�T
205.Q51 Zoning Administrator
Recommended changes by Mr.F�rrick:
Delete "or his duly authorized representative"
(page 17)
#5-A. Change "district" to "zoning"
205.054 Special Use Permit
#1. Purpose - Delete "the proximity of a sin;ilar use", "the total number
of similar uses within the City", and "or furti�er" in the second half
of the paragraph.
(page 18)
#2. Application - Re��ord as �ollo��s: "Whenever this Ordinance requires a
Special Use Permit, an applicatiori therefore in writing must be filed
with the City, together ��ith such filing fee as may be established by
the City Council and shall be accompanied � a site plan or documenta-
tion as requ�red by tl�e City."
Delete A - J.
PLANNING COMMISSIO�J MEETING, DECEt�BER 3, 1980 PAGE 5
(page 19)
Recommended changes by Mr. Herrick:
#6-A. Council Action - Delete "and the granting of this permit a�ill not
cause an imbalance in the number of uses of �his type in the.immediate
area of the request."
�6-B. Denial - Mr. Herrick will be providing different language for this
paragraph.
205.055 Variances
(page 20)
#3. Recommendations by Appeals Commission - Change "Zoning Chapter" to
"City Code"
#4-B. Change to read: "4Jhen the above conditions are not met, the
variance request must be reviewed by the Planning Commission with
final approval by the City Cauncii."
(page 21)
1D
#7. Lapse of Variance by Non-Use - Change "Appeals Commission" to "City Council"
205.056 QuiTding Permits
#1-A. Delete "pertaining to the erection of major alterations"
(page 23)
205.057 Certificate of Occupancy - Insert "shali be obtained" afier
"A certificate of occupancy"
Delete #2. Interpretation
(page 26)
205.07 R-1 DISTRICT REGULATIONS
205.071 Uses Permitted
The Planning Commission made the following changes:
#2-A. Change to read: "Private garages shall not exceed 100� of the
first floor area of the d�velling unit or a maximum of 1000 sq. ft."
#2-B. Change to read: "Total floor area of all accessory structures
shall not exceed OT� O sq: fit.��— .
Insert New #2-C. "All accessory structures shall not exceed a total height
of 14 feet."
PL.ANNING COMMISSION ��EETIfJG, DEf.Et�[3ER 3, 1980 PAGE 6
Ms. Schnabel statEd that a license was not required for customary home
occupations including the rental of guest rooms, but a license was required
for dwelling, limited. She stated that �t was inconsistent to require the
licensing of one and not the other.
Mr. Boardman stated that this was a change the Planning Commission had made.
They had wanted some control on the "mother-in-law" apartment and had
recommended licensing of a limited dwelling. He stated he had no problem
with eliminating licensing. Ne stated the City Council wants to eliminate
dwelling, limit�d completely.
MOTION BY MS. SCHNABEL T� RECOMMEND �'HAT7HE NEW ITEM #2-E READ AS FOLLOWS:
"CUSTOMARY HOME OCCUPATIOI'JS": AND THAT THE NEW ITEM #{2-F READ AS FOLLOWS:
"TFiE RENTAL OF GUEST ROOi�?S TO NOT MORE THAN 2W0 PERSON5 PROVIDED A LICENSE IS
OBTAINED FRO�+1 THE CITY. "
TFIE MOTIOlJ DIED FOR LACK OF A SECOND.
�IOTIOIJ BY MS. iIUGHES, SECONDED BY MR. WHARTON, TO RECOMMEND THAT THE NEW #2-E
READ AS FOLLOWS: "CUSTOMARY HOr1E OCCUPATIONS": AND THAT THF. NEW #2-F READ AS
FOLLOGIS: "THE IZENTAL OF GUEST ROOMS TO NOT MORE THAN TWO PERSONS. "
Ms. Schnabel stated she could not vote in favor of this motion, be�.ause she felt
they all should be licensed.
UPON A VOICE VOTE, HARRI5, SVANDA, HUGHES, AND WHARTON VOTING AYE� SCHNABEL
VOTING NAY, CHAIRPERSON HARRIS DECL�RED THE MOTIO�'V CARRIED.
MOTION BY N1S. HUGHES TO RECOMMEND THAT THE WORDS, "AND A LICENSE IS OBTAINED
FROM THE CITY" BE DELETED FROM THE NEW ITEM #2-G. DWELLING, LIMITED.
TFIE MOTION DIED FOR LACK OF A SECOND.
Ms: Schnabel stated that at the September 30, 1980, Appeals Corr�nission meeting,
the Appeals Commission had a discussion concerning the rewriting of the Zoning
Ordinance. It was their concern that special use permits were being permitted
as a method of speeding up things and that special use permits were sometimes
used with some abuse, and that perhaps rezoning was really a more logical step
to take and more fair �o adjacent neighbors. She stated that, keeping the
Appeals Commission's concern in mind, she had to qGestion some of the things in
the special use section. `
Ms. Schnabel stated that churches and private schools in an R-1 area usually
take such a large body of 1and. Once these buildings are constructed, unless
they should be destroyed, she felt ii �JOUId be more logica7 for that property
to always continue to be used for what it was built for and it would be more
logical to rezone that piece of property from R-1 into son�e proper zoning.
lE
. �,.. �.
� �
PLANPJING COP�lMISSIO�J P�EETING, DECEh1QER 3, 1980 PAGE 7
Mr. Boardinan stated thereis no appropriate zoning for churches and schools.
It could be zoned commercial, but then if that church or school was ever closed,
it is a commercial zone for any commercial venture. iie stated their main
concern used to be duplexes allowed in a single family zone with a special use
permit, but that has been eliminated.
Ms. Schnabel stated �hat a hospital was such an enormaus facility and to main-
tain it in an R-1 zone with a special use permit almost makes ttte Zoning Code
seem like it is lacking something by not having a zone that can handle a
facility like that. Why not have a hospital zone?
P1r. Boardman stated they could set up so many different zones, they would not
be able to control them.
Ms. Hughes stated they should ]ook at the permitted uses under the �pecial use
permit to make sure they are uses that ought to be permitted.
(page 27)
205.073 Lot Requirements and Setbacks
Mr. Boardman stated that the City Council has talked about changing the minimum
lot area from 7,500 sq. ft. as recommended by the Planning Commission back to
9,000 sq. ft.
The Commission members concurred that they did not want to change their
recor�me�dation and thai the minimum lot area should remain at 7,500 sq. ft.
Mr. Harris stated that in the Comprehensive Plan, tt�ey made the sta�:ement that
they were going to promote and make available affordable housing in the City of
Fridiey. At the rate of land costs and building costs today, houses built with
a minimum square footage of 1,020 sq. ft. on a 9,000 sq. ft. lot is probably
in the neighborhood of $75,000 with an interest rate o�F 15%, ar�d that is not
affordable housing.
(page 29)
Mr. Nerrick made the following recommendation:
Delete �4-B-2: "side yard of five feet is required between building and
side proeprty lines"
t
(page 30)
205.076 Performance Standards
Delete #1-B. "The City shall require a special use permit for any open exterior
. storage."
#3. Drainage and G�•ade Requirements - De7ete "not to exceed four (4) feet" in
#3-A.
1G
PLANNING COt�IMISSION f�IEETIfdG, DECEt�3ER 3, 1980 PAGE 8
{page 31)
�4-A Reword as fol]ows: "All open areas of any site, except for areas used
for parking, driveways, or storage shall be sodded, seeded, or have
vegetative cover.°
MOTION BY MS. SCHNABEL, SECONDED f3Y MR. SV�INDA, TD GONTINUE PUBLIC HEARING ON
THE AI1ENDl9ENT TO Cf1APTER ?.05 QF TIiE FRIDLEY CITY CODE � GENERALLY KNOWN AS THE
FRIDLEY ZONING CODE.
UPON A VOICE VOTE, ALL VOTING AYE, CNAIRMAN HARRIS DECLARED TFIE MOTIDN CARRIED
WiANIMOUSLY.
2. RECEIVE OCTOBER 15, 1980, PARKS & RECR�ATION COM��IISSIO^1 MINUTES:
MOTION BY MS. HUGHES, SECONDED £iY MR. SVANDA, TO P.ECEIVE THE OCTOBER 15, 1980,
PARKS & RECREATION COh1MISSION MINUTES.
Ms. Hughes stated she thought the Planning Commission should also see the maps
o�F the proposed NSP easement through North Park.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRllAN HARRIS DECLARED THE MOTION CARRIED
UNANIDIOUSLY .
3. RECEIVE OCTOBER 23, i980, SPECIAL HOUSING & R�DEVELQPhiENT AUTNORITY
MEETI�IG MINUTES:
MOTION BY MS. HUGIiES, SEC011DED BY MS. 5CtINABEL, TO RECEIVE THF OCTOBER 23, 1980,
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETINCJ MINUTES.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECL�'�iED THE MOTION CARRIED
UNANIMOUSZ,Y.
4. RECEIVE OCTOBER 28, 1980, ENERGY COMMISSIOiV P�1INUTES:
MOTION BY rZS. SCHNABEL, 5ECONDED BY MR. SVANDA, TO RECEIVE THE OCTOBER 28, 1980,
ENERGY COMMISSION h12IVUTES.
UPON A VOICE VOTE, AL.� VOTING AYE, CHAIRMiIN HARRIS DECLAR�D THE MOTIC)N CARRIED
UN�INIMOUSLY.
5. RECEIV� NOVEh"SER 10, 1980, APPEALS COMMISSION MINUTES:
MOTION BY D1S. SCifNABEL, SECONDED Bl' rIR. SVANDA, TO RECEIVE THE NOVE_MBER 10, 1980,
APPEALS COb1MI.SSION ��fINU:ES.
Ut'ON A VOICE VOTE, ALL VOTING AYE, CHAIRM�iN HARRIS DBCLAR�D 7'HE MOTION CARRIED
UNAlVIAfOUSLY.
PLANPdING COM��IISSIOP! ��EETING, DEC��iE3ER 3, 19£i0 PAGE 9
6. RECEIVE NOVE��IQER 12, 19II0, PARY.S & P,ECREATION COMMISSION MINUTES:
MOTION BY MS. ffUGIIES, SECOI�DED BY MR. SVANDA, �0 RECEIVE THE NOVEMBER 12� 1980,
PARY.S & RECREATION COMM.I'SSIDN MINUTES.
Ms. Hughes stated there is now a proposecl Joint Poa�ers AgrEement for Islands
of Peace. She staied the Parks & Recreation Commission will be discussing this
again at their next meeting.
UPON A VOICE VOTE, ALL VOTZNG A�E, CHAIRMAN HARRIS DECLAP.ED THE MOTION CARRIED
UNANIMOUSLY.
7. RECEIVE NOVEMBER 13, 1980, HOUSIPJG & REDEVELOPMENT AUTHORITY MINUTES:
MOTION BY MS. SCHNABEL, SECONDED BY MR. SVANDA, TO RECEIVE THE NOVEMBER 13� 1980,
NOUSING & REDc VELOPMENT AUTHORITY MINUTES.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED
UNANIMOUSLY.
8. RECEIVE NOVEMBER 18, 1980, ENVIROPdMENTAL QUALITY COi�MISSION MINUTES:
MOTION BY MR. SVANDA, SECONDED BY MS. 5CHNABEL, TO RECEIVE THE NOVEMBER 38, 1980,
ENVIRONMENTAL QUALITY COI;MISSION 1�lINUTES.
Mr. Svanda stated the Environmental Qu.aiity Conmission had adopted a draft
noise ordinance and we��e recommending approval by the Planning Commission and
Ci ty Counci 1 .
Mr. Svanda stated they also made a motion to send out a letter to service
organizations in the City to see if there was any interest in participating
in an Earth Day clean-up.
Ms. Hughes stated that the Environmental Quality Commission should be aware
that the inters�ate money that was going to go ta North�ast Minneapolis has
been reallocated and the Northtown bridge is now fur�ded. That money is to be
released right away.
UPON A VOICE VOTE, f1LL VQTING AYE, CHAIRA9AN HARRIS DECLARED THE MOTION CARRIED
UNANI�lOUSLY.
9. RECEIVE P10VEMaER 25, 1980,APPEALS COMMISSION P1INUTES:
AlOTION BY MS. SCFIN�BEL, SECONDED BY P1S. HUGHES, TO RECEIVE TIIE NOVEMBER 25, 1980,
APPEALS C0��1h1I5SI0N 1�fINUTE5.
UPOV A VOICE VOTE, ALL VOTING AYE, CffAIRMAN HARRIS DECLARED THE MOTION CARRIED
UNANL�IOUSLY.
1 iI
1"" _
PLANNING COMP�IISSIO�� (�1EE7ING, DECE�4EER 3, 19£30 PAGE 10
10. OT{4ER QUS IP�ESS :
A. Draft Noise Ordinance
MOTION BY MR. SVANDA, SECOIfI�ED BY MS. HUGIiE5, TO RECEIVE TflE DRAFT
NOISE ORDINANCE AS AD�PTED BY THE ENI/IRONI?ENT11L QUALITY COMMISSION
ON NOVEr,BrR 18 , 19 80 .
� Mr. Harris stated this should be put on the agenda far discussion
at the next Planning Commission meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN.HARRI5 DECLARED THE
MOTION CARRIED UNANIMOUSLY. .
ADJOURNMENT:
1fOTION BY MS. HUGHES, SECONDED BY I�Z. SVANDA, TO AATOURPJ THE MEETlNG. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE DECEMBER 3, 1980,
PLANNING COMMISSION MEETING ADJOURNED AT 10:4S P.M.
Respectfully s bmitted,
�'�tC ._ . .G�-�-
yrt,�e Saba �
Recording Secretary
lI
.�„"...
2
c; � y �, r r�� �.�it��y
Ci'AI?'C1�1� C7ii"�SI;i:�10i:1 ht!yi'�._TidG��:I;U1�:;iU!1Y�« 0(;_l'OS;1:R 7,?.�l`j°0�,� __P.'t�;e l.
C,1I.1. 1'O U1:17F(::
1'�-esidenC A.�h called the mec�t:in�; l.o ardc�r at 7:35 p.m.
I2(?Ll, CALL :
Members Present: Clifford Ash, F:enneth Brennan, Peter Treuenfel:_, Sue
Jackson, l�r.anc:is van Dan, tdalt StarwalL-, David }3erg,
Jean Schell, Iiob Pierce
A1c�mbers Al�sent: John Swanson, Tim I. Breider, Irene t�iaertens, Larry
Cotnmer. s,- David Schaaf
APPROVF: CI�l1P,TrR CO���fISSIOy MTNUTI;S: MAY 6, 1980
MO�rr.o� hy r:r. Tr.euE�nfels, ::econded by Ms. Jackson, to appr_ove the May 6,
1980 Ct�arter. Co:urissior miuutes. UPON A VOICL �T�1L� ALL VOTING AYE, PRESIDEVT
ASH Di:CLARLD THE 1�4c)T �ON CAP.�:IED UtiANIr:CU5LY.
1. NEW LtUSINESS:
A. Nomi,zating Gommittee
PresidenL A;h r�ported that he had already appointed a nominating cum-�
mit.tee and ��r. Star�,�llt is the ct�ai.r.man af that: coamiittee, tlie.oti�er members
beinb �ir. I3remz�u, "*_-. Pier.ce, snd z1r. Treuenftls. Th� nominat�.n� committee
had a quicic meetit�� :lnd suhr.lii�t:��I tile following nailies:
Clifford Ash, Preside..�t
Jean Sr_hell, t'ic� President
Sue .Iackson, fie�retary-I'x-t�asllYE?'
President Ash state;i t}iat ��ritten noti.ce has to go out fio all. members 20
days priar. to the n�xt Commi.ssicn meetin�.
2. OLD BUST.N�SS:
A. lZe��ort ir.or.� Subcomnii.i:tee on any changes in hy--laws
P1s, .Tacl�:son sCated thztt �he c.as ��n the committ:�E� t�ut Chey have not met
again and she di.d n: t l:ave an��t`:iii� new to repc�cr. She sa:id tiie}� �aere
.;o:i_ng to ei�ecl: witl: the Le,i,;ue r: Munici.palitic;; re�;lr.ding atl�er bti-lat.*s.
Yr��s:i.c�ent Ash :.�3id .:i:it, accord �:� ; to our b}•-]a�•�s, c,�e c��n amend these aL
�ny lim�� ��: ton;; a:; �:�' h.i�>e �i q�__;run� and they .i?�� raLifi�.d by 2/3 of the
tt���n�ber:l�i.� later.
13, bi�cu5sion .�' i'c,sti:t,ie I:::li<<:i.c�n ot St::zt�.^.m�:nC of- Affirm�itive
ACi:lOIl foi� : it.�• l�:�n��lc��-e.-=; ��i��l Po.li�:e 1)��;��trt.;;�i�nC
Pir. t�cin 1).in re�,�rt���i [i�,it 1�.� iiad 1 f;rc:it. p��i-::�na1 intei-c�C in Afti.rm.itivc�
2n
cnn��_cr;�z _cnr�r� i ss rc7ra_ Mi�.r.�r I P1G �-�TUf:SI)�Y, c�cr�i>>:it 7?_ l 9;3O I'a�;e 2
Act.ic�n a��d feels t_liat: c�ertzi.n clas,ses of geople arc in nc�ed of pr.otecrion
fr�r cerl:<i in Civi l. Sc�rv i ce nnd t:h:�t wc� :;I;c�ul cl l�a'✓e sucli an i.ncJ us�on i.n the
C:i t y Cl�:�rt cr•. Ms. Jack:�r>n s�ii.d Cli�it t.lu� City of l.�ridley is an equal op-
pot-tutiit:y emJ�lr,yc�r <i�lcl C}�at. ziCC:irmat.ivc actian i.s e:apecia).ly itiiporL'ant in
the subur.b�> whcre ��1e l:ecocne isolatect.
President Ash stated lhat our Statc and I?ederal laws cover this but we
could ask the City tdan.a�;er. what thc>y havc re�;ar.di.ng affirmative. acCion.
Mr. v�n llan asked the Commi_ssion i.f �hey caould lilce to make a motion to
ask Che City Manager to report bacic to the Cummission what programs they
have for affirmati.ve action and what la�as, ordinances, State aiid Federal,
cover thi s and that we �•,oul.d l.ike to �;et copies of thcse or sy»opsis if
they are too lengthy. Prc�sident Ash asl:ed the Commission members to ask
tl��mselves if this belong� in the Ch.zrteL (not to be answered tonight).
Ms. Jackson then asked if the Charter �oas the most basic document of the
City o€ Fridley and President Ash commenred it was and it is the hardest
to change and amend. _ Mr. }3rennan stated it is our basic philosophy and
structure. ris. .Tackson felt that if it reflects philosophy it should
reflect affirmative action but not a detailed statement. Mr. Pierce felt
that affirmative action does not have to Ue put into the Charter as we
have ample regulations at the l�ederal and State level. :ir. Berg basical'�y
agreed with that }�ut said there was not an equal opportunity employer
statement in the Charter. Such a statement, he felt, could go very rea-
sonably into the Charter and he did not �aant to see an affirmative actior�
statement ;aithout an equal opportunity st.atement. �1r. Berg further state3
that therc ::y be a time when affirmative action �aon't be necessar� ac rhe
5-6 protected c]_asses of pec>ple ma}� char.Ue and a specific statement about
affi.rmative action would become obsolete. He felt thc�re could be an equal
oppor.tunity statement with a broad affirmative action statement. Mr.
Treuenfels felt an equal opportunit5� statem�nt in the Charter �aould reflE�ct
the basic philosophy of the City of Fridley. Mr. van Dan said equal op-
portunity of employment is a function and philosophy oi affirmative action
and shotild be in tlie Charter.
President Ash stated that ��e do
palities and we should contact
tliis niaCter. Mr. van Dan said
have an att�rney and the League of Munici-
these resource.s about draiting up words an
he will contact t}re League of Municipalities.
rir. Pierce regorted th��t ��e have a�iuman Resources Commission and Tis. Jackson
commentcd that they ma}� have taken some action. Presi�ent Ash su�gesCed
that we send a leCter to the Iiuman �:esaurces Commission and have them respond
by the nelt meeting. Atr. Star�aalt. felt that Cliese reqt�ests should go through
the City Council �s C�I��SL' Conunissions are sCems from tlie City Council and he
would li_l:e ttie CO'111C1.1.�5 "st�mp of approval." Presid��nt Ash felt: ttiese di.-
reet requesLs ta��r� uot impro���r ,�ncl ti►e Cc�mm:i:;5ion is jtitiC aski_n�; for r�.eords
and mi.nu�es wl�ich ari� t�ublic recorcls. rir.. Yierce s,iid he d�es not thinlc it
is im��r��p�r but cou].cl sce Lhe "cliain of comnu�ncl." ACter furtt�cr �?iscussion,
th�� Coiumissi.on ciccicicd to request Ll�rou�li th�� City Co<<ncil to tlie City
Mana�;cr to tltie llismctt� I:��:;i��trces Comiui�siotl ��h�� pi-op,r:zm-; tttcy h.tve fut AC-
f irn��itiv� Action :ni�j t,•h:�t 1.»as, ordin��nccs, St�Ce and l�c•der�il, cov�r Ghis
ancl th.iC th�� Commi_tisicni wuulcl lil:c to �;el copi.es of. tl��s�: or synopsis if
tliese :�re tc�o LC:Ilt;tliy.
2„
>>
CHAI,7.1�:1; CO�1a11SS1UiJ Mf;l;Tl;J(;.�'1_UI:SI),1`l,_ f?(�'1'OC(�,it 7, 19ti� Pr�}��c� 3
At Ch: s t in�c, Tir. Sknrwr�l t. �ir>.i.►iCc.,cl o�iL �i st.;iLr.mc�nl i.n tlic M:iy 6, 198U Chartcr
��iinut�.�., rc}.;arcl in;; SccCi��n 6.01 aiul 6.07, ::ay:in£; mo:;t of tl�c city emp7.ayces
were covere<<I t>y (;ivi1 Scrvice. lIc Clic�tiy;h� they wc�re l�i_�� hc� h�icl received a
eall ti�:�L Chi�c i:, noC the <:<ise. Mr_. Sl.li'al�,Jt c•l.�s nc�� surc wi�i.cE� employc�es
are wi�ich, l,ut ���.tnCect to brin�; ec� the Commisc,ion's <iCtrntion ��s Chere might
be other-s wi_l'h tl�c same f.alse impr!:ssion. 1{e also st:.iLe<l tt�at he would .tike
to find c�ut_ wh-icli empl_oyees ��re Ci.vil Ser.vi.ce and which are not so the Com—
mission would nat rnake t1�e sa<<le mistake <�g�lltl. Ms. Jackson fclt that t�avi.ng
the inl�ormatian migliL hel_p the Conmiission decide that par.ticular issue.
Preside»� Asti said he will reyue:�t, witti Commissi.on's approval, from the
City Managcr what employecs are covered by Civil Service and what employees
are not cover.ed in reference to Section 6.01 and 6.02 of the City Charter.
C. Discussion of Changes i_x Section 6. (.11
President Ash stated that at the rlay 6, 1980 meeting, there was a 5 to 4 vvte
in favor of making a change regarciing Secti.an.o.01 and the City Manager ser.ving
at whim of City Council. He thinlcs the Commission siiould do something to
avoid ptoblems such as our neigtiboring cities liave liad r�garding this matte�-.
Ms. Jack.son asked if the City Mana�er was fired, would he go to court and i.f
so, would the court fal]_ back on the Charter. Mr. van Dan said it depends on
how the present :�fanager was fired ar�d, if �ae mal�.e changes, they may not be
retroactive. President Ash commented that �•�e could contact our two source�,
our attorney and the Lea�ue of Municipalities. He also said that anybody in
private business iiired on that level serve> tetal]_y at the pleasure of the
Uoard of di:�ectors. Mr. Berg painted out that the City Pianager`s contract
requires 9G uuys r�oticc and 7 monti�s sesrer.ar.ce pay. Ms. Jackson sai? ano*her
conce.rn is no specific performance revie�ti*, ho�� cioes th� City Pianager kr.o�o ,ie
is losin� conf.idence of t?1e City Council, <<�e clon't seem to have a system for
a performance revi�w. President Ash sai.d City Tlanagers are responsible for
turuover in the cii:y offices (equal opportunity, how he negotiates contraets,
etc. ). Ms. Jacicson aslced if there �aas a job description for City �ianager.
Mr. van llan said that he does not believe that the City Tianager should have
a revieta by the Council. or appointees of the Council. President �sh remarked
that ttle City Tlanager could become a political issue. rir. Starwalt sai_d
Section 6.01 looks prett5* gooci to him. Mr. Berg asl:ed �bout a hearing pro-
cedure. ris. Jacl:son suggested puttino in some wording as to <<�hat the hearing
�aoul.d Ue about (describe parformance, the bas�_s for being fired). r1r. Berg
said if the City Tianager can b� fired at �oi_11, Then he can he a po].itical
issue - wliat can a manager be fired for - beeause he tlas not done sor�etl:ing
or I�ec<3tise l�c has done som�thiug wrong (ma.lfeasance) . Mr. van Dan said he
could Ue a niost competent person, but i.f the Council loscs confiden�e, should
tlie}� l�ave Co live taith tiim. TIs. .Tacicson conunented th;it I1lOSt l�eople get fired
becau5e tliey do not get alon� wi.th other pco��J.e. rir. 13erg stat��d thctt tl�e
Cl�arter says the City �t�ina�;er c�zti Ue removed by the Council at �;ill. and that
Lher� c�ii1 Ue a hearing. lfe Lc:lt t.11ere i� no othe.r ptirposc: £or a publi.e lle<ir—
ing oiher th.in Politics and Che Ciiarter is i�ot ciclr as to what the hcarin�
is .�t>out:.
i�tr. I'i.��rc�e sc�icl lii.zt .it �,��,uid t�oL iir,ilte �ni�c;lz di(fereiicc �ohr.t:l�cr or n�,t there
is a job c1.:5��ril�t.ici» 111(j �lt` u.�ncl.•r��cl �ati:s� othcx Cit.�� Ct�:irt��i•s p�-c�via�.. rls.
J;��l:rac�n tl�ou�;ht iC �.�ould b� u�:cful to h:�v�. a co}�y ot thc CiCy Di;tn.i�rr':� i:o��—
trac.t. Tir. Pi� rcc� st�.it�;l th�t iI Chc� Ci t�� Man.if;��r is fircd, Che subst.;.mti;il
2C
ciin�?�rr�.JZ �;r�,�1��7 s�, ���,a rai�;�:�r i.;�. •- �rui;si�nY, �c�����f�f�;�: 7, 198O` ]'af�e �►
,uuc�unl c>f �;evt�rrinec� l��y slic�ulcl be in t.her.cr. A1r. St�ar.wal.t sai.d eert��inl.y
nc� �;evc�rancc� i�r�y if tl�er.� is .i felc,ny invc�l.vcd. ACLer. mueh discussic�n, the
(�ommi_��:>i<7n <lcci.�fc�l t:f> rc��uc�sC Lrom tf�c �•i,lyc�r. <�n�] Ci.Cy T9;3n��f;cr tlie City Man-
at;cr's jc�i� cl��sr.ri��ti��u, Ccr.s�i�; rind concii.Cions of: his contract(s) Lhat covers
hi�; pos:i.Cioii (I�e m<:iy cicl.eCe t:lic� s,� L:iry lev�J. as the Commissiern is not con-
cerned �aitli t.I���L) becaur;c we are l.00kins; at Sc�ctian 6.01 of t}ie Charher and
are still. concerned abouC �omc of the deLai.ls. Mr. van Dan Said he will
eontact Che League of riuni_cipalities re�;ar.din� Lhi.s inatter.
At thi.s eime, there was a di.scussion regarciiilg the salaries of �he Mayor
and City Councilmen. Mr. I'ierce sai.d he has phi]_osophical probl�ms with
that and �sl:ed iL anything coul.d Ue done in"t11e Char_ter. lie ielt that sal-
aries are �ettit:g too hi.gh for councilmen and that financial consideration
becomes ihe rea�on for running tor office in the City of rridley. He further
stated that t:tie riayor of Brooklyn Center recei.ves no salary. Mr. Berg said
the way to address thi_s in Lhe Cizarter would lie to say that the salary shall
not exceed thaL gaid to (name other office in government) and don`t mention
salary. ,
3. OTHER BUSII�L'SS:
A. Discussi.on of Replacement for Charles Langer
Pre.sident Ash reported that the Judge has iiot been officially no�ified that
there is an ope.ring on the Commission and t.1at he makes the final decision.
After. furth^_r �iiscussion, the following nam�s were subrli�ted: �
�eor.ge Lohmar Gary �aestl.und
Plarti Recicdahl Bob Peterson
President Ash r.equested that these names not be submitted until final con-
firmation could be made.
Ms. Jacl:son aslced �ahen the Commission �aould meet again as the next meeting
date would be Tuesday, November 4, 1980, Elc�ction Day and Presiden Ash said
they would meet the f.oll.o:ai.ng Tuesday on November 11, 1980.
AD.70UPN�IENT :
PSOTION by rlr. Treuenfels, sc;conded bY riL. van Dan to adjourn the meeting.
i3PON A VOICL VO'Tl;, ALL VOTI�IG AtiI:, PI:P,SIllI:NT ASII llLCL:�F�ED TI�L" CHAR'1't;K C��i'IISSIC�N
AtI;liTING OF OCTOl3TP. 7, 195� ADJOUI:iv'ED AT 9:12 P.rt.
12espectfully submitted,
�(�� � .� �
;�C-(,' ��C�,��.��.i
Dcb Niznik
F.ecor<3i_ng Secretary
RESOLUTION h0. - 1,�0
A RESOLUTION APP�YIP�G FOR A STATE GRANT FOP. TNE DEVELOPifEPJT
OF THE UNIVERSITY BIKE4IAY/WALK6JAY PP,OJEC7 ; 2
bJHEREAS, the City of Fridley has applied to the Cor.missioner of
Transportation for a grant from the Minnesota Outdoor Recreation Act, Chapter
421 for the development of a bikeway termini sections are:
BIKE-PED BRIDGE AND LOCATED WITHTN MPJTH d7 ROAD RIGNT-OF-WAY
�lHEREAS, the amount of the grant has been determined �o be by
reason of the lowest responsible bid.
NOW THEREFORE, BE IT RESOLVED that the City of Fridley, does hereby affirm
that any cost of the bikeway in excess of the grant .�ill be the
responsibility of the City ofi Fridley, and that any grant monies appropriated
for the bikeway but not required, based on the final estimate, shall be
returned to the Minnesota Outdoor Recreation Fund, hlinnesota Department of
Transportation. �
The proper official Public Works Director is hereby authorized to sign and
execute on behalf of the City of Fridley of the County of Anoka, Grant �
Agreement Number 02-1385-02, a��ith the State of Minnesota, a copy o� which was
before the City Council.
PASSED AND ADOPTED BY ?HE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS
DAY OF , 1980.
MAYOR - WILLIAP-� J. �;EE
A7TEST:
ACTING CITY CLERK - NASIM M. QURESHI
0090A/0925A
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6431 UNIVERSITY AVENUE N.E., FRIpLEY� MINNE507A 55432
TEI�PFiONE ( 612)571•3450
! ��.' December 10, 1980
;:.;
Nancy P4ahle, Chief
:; ;`� Bikeway Unit
807 Transportation 6uilding
Minnesota Uepartment of Transportation
Saint Paul, Minnesota 55155
Re: Grant Application (388)
SAP 127-020-02
Dear Ms. P4ahle:
Enclosed please find the City of Fridley executed P�inDOT Grant Agreement
No. 02-1385-02 and the Resolution-Certificate Form as requested in your
October 29, 1980 correspondencee
You indicated the grant is tentatively calculatEd to be $14,062.50. Hoti•r-
ever, our estimate based or low bid and force account work is as fol-
low�:
Bridge Bid . . $20,847.00
Footing Construction and aridge Placement (Force Account) .. 5,?_50.00
TOl'AL . . $25,097.OQ
State P�atch: 75% . . $18,822.75
We understand the agreement will reflect this revised cost under Item IV
of the grant agreement. '
Our bridge specifications have been supplemented with the additional re-
quirements as enumerated in your letter of Oc�ober 29, 1980.
We will await payment of 95% of the State match for the amount of
�17,881.61.
Sincerely yours,
JOHN G. FLORA, P.E.
Publ i c t�orks Di rector
JGF/CUM:ik '
cc: Qikeway/Walkway No. 2 File
Th1E CITY C7F
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DA7E
FROM D.P,W.
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SUBJECT
Moore Lake Restoration Project
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ACTION I INF�.
We have received documents from the Minnesota Poll�ation Control Agency
whicl� implement the P�oore Lake Study prepared by Hickok and Associates
in Plarch 1980. The pr�ject is a U.S. Env7ronmental Pratection �lgency
Grant whereby they provide 50% of the funding. 7he agreernent is between
EPA and the State of P�innesota, MPGA. The State is transferring its res-
ponsibility for project initia�.ion and rontrol to the City of Fridley.
In doing this, they,are absorbing 25% of the costs, w7th the remaining
25% allotted to the City.
The MPCA requires the City -to �ccept the Substate Agreement and State
Grant Agre�ment for the P�oore Lake Restaration Project. Accordingly,
thEy have provided tN�e City with six copies of the agreem�nt and a resolu-
tion which requires acceptance by the City and au�horizatien for the pro-
ject. Recommend the City Council approve the resclution an� accept the
Substate and State Grant Rgreements •for the hlaore Lalce Study.
In addition to the above, the City is required to contract with Hickok
and Associates for professional serv�ces associated with the Moore Lake
Project. We have received an agreement from Hickok, which has been
coord�inated and is acceptable with the MPC�i.
Recommend the City Council accept the agreement for �rofessionai s�rvices
with Eugene A. Hickok and Associates, Tncorporated for the Moore Lake
Restoration Project.
JGF: i k
RESOLUTION N0. - 198a
RESOLUTION �UTHORI7_ING AC�EPTANC� OF SUBSTA7E AGREEMENT AND
STATE GRANT AGREEMENT
WI�IEREAS, tt�e Minnesota Pollution Control A�er,cy has heretofore applied to the
United States Environmental Protection Agency for a Federal Grant under
Section 314 of the Clean Water Act (33 USC - 132�),
WHEREAS, said Federal Grant has been appr'oved by said Federal Agency and
received by the Minnesota Pollution Control Agency and,
WHEREAS, the City of Fridiey has been offered a State Grant for Lake
Improvement Grants-in-Aid under Minnesota Laws 1979, Chapter 333, Section 31,
Subdivision 6(a), by the State of Minnesota, Pollution Control Agency in
order to aid in financing implementation of said Project under certain terms
and conditions which are stated in the Substate Agreement which is made a
part hereof by reference thereto, and
WHEREAS, the City of Fridley is desirous of accep�ing said State Grant in
accordance with the term� and conditions of said Subszate Agreement and to
give the assurances therein required, and
WHEREAS, it is requisite that a representative of said City of Fridley be
authorized to sign a documQnt evidenc�nq acceptance of said offer by the City
of Fridley,
i. That the City of Fridley hereby accepts said offer• of the Stat� of
Minnesota, Pollution Control Agency which is made �urst�ant to Minnesota
Laws 1979, Chapter 333, Section 31, S�bdivision 6(a) for a State Grant
for Lake Improvement Gr•ar�ts-in-Aid to assist in financing the
imp1ententation of ihe said Project including the terms and conditions of
said Substate Ag�eement and the giving of the assurances required by said
Substate Agreement.
2. That on behalf of the City of Fridleyg Acting City Clerk, hereby is
authorized and directed to sign the documenta�°y accepiance of the said
offer of the State of Minnesota, Pollu��ion Control Agency with the terms
and conditions conta�ned in said Substate Agreement and includir�g the
giving of the assurances therein required.
The question was on the adoption of the resolution and the roll being called
there were yeas and nays and so the resolution was adopted.
PASSED A�lD ADO°TED BY THE CITY COUNCIL OF THE CITY OF FRIOLEY THIS
DAY OF , 1980•
Y R- W LLIAM . PJEE
ATTEST:
ACTING CITY CIERK - NASIM ��1. QURF HI
0090A/0914A
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i��r�r��sc�ta P�l9�tiQn Control Agency
The Honorab1 e Ir!i 11 i am J. Nee
Mayor, City of Fridley
6431 University Avenue Northeast
Fridley, Minnesota 55432
Dear Mayor Nee:
November 7, 1980
Enclosed for the Ci�y's consideration and poss�ible acceptance are six copies
of a Substate agreement and State gran� agreement for the lake restoration
Phase II Implementation project entitled: M�ore Lake Restoration Project.
If the City approves of the subagreementJgrant agreement, please sign and re-
turn all six copies to the Agency. We've included for your information a
copy of an example of a resolution which should be included with ea�h of the
executed copies. This resolution relates to tl��� acceptance by the City of
the subagreement/grant agreement as well as the authorization of the appro-
priate individual's signature.
Also included are copies of the following regulations which are applicab�e to
this grant project: ,
1) 40 CFR, Part 25 - Public participation
2) 40 CFR, Part 30 - General grant regulations
3) 40 CFR, Part 33 - Subagreements
4) 40 CFR, Part 35, Subpart H- Lake restoration
� We would stress the impartanc� of the public participation r�gulation as well
as the lake restoration program regulation in the implementation of this pro-
ject.
Please feel free to contact us if you have any c�uestions regarding the enclosed
materials.
JGS:It
Enclosures
Sincerely, �
�
Joel G. Schilling, Coor ' ator
C1eGn Lakes G.rant Progr
Surveys and Standards Section
Division of Water Quality
Phone: ._6121296-_7255
1935 West County Road E32, Rosevilie, Minnesota 55113
Regionai Otfices • Duluth; Brainerd/Detroit Lakes; Marshal!lRochester
Equal Opporlurnty Employer
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IFROM D.P.1Al.
ISUBJECT
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Storm Sewer and Drain�ge
Project hdo. 132
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TO ACTION INFO.
Nasim f�l� Qureshi, Gity Manager
We have received approval from the U.S. Environmerital Protect;ion Agency
and the Minnesota Pollu�ion Cantrol Agency to imniemer�t Phase II of
the Moore Lake Restoration Project. This project is d�signEd te improve
the water qual i ty of the east portic�n af hloore Lal:� throuyh removal and
control of the phosphorus and nutraents in�:raduced through surface run-
off.
Since the �roject will be relocating t�e drairage ditch in the vicinity
of Moore Lake which conveys the water 7=rem the Narris Pond drainage sys-
tem, i t woul d be appro�ri ate for �ctre Ci ty to impr•ove chi s systerri at thi s
time in order to obtain the economics of constructions and to support
the purpose of the Moore Lake Restoration Projecto
As su�ported by Resalut�ons 122 and 123 far the Storm Se�Ner Project
No. 132 and the Public Hearing which was held on t�ecember 8, 1980, it
would be a�propriate at this time for the City Counci1 to direct the
staff to complete the final plans and specifications for Project 132.
RPCOmmend City Council approve this resolutiono
JGF: i k
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RESOLUTTON N0. - i980
A RESOLUTIUN ORDERING IMPROVEMENT r�ND FINAL PLANS AND SPECI-
FICATIONS AND ESTIMATES OF COSTS THEREOF: STORM SEWER AND
ORAINAGE PROJECT ,# 132
WHEREAS, the consideration of certain improvements, inclu�ing grading,
dredging, storm sewer and related drainage appurtenence facilities, located
west of Central Avenue between Highway 65 and Mississippi Street was duly
presented to the Council on the 8th day of Decernber, 1980; and
WHERERS, pursuant to resolution of the Council adopted November 17, 1980, a
report has been prepared with reference to 'che improvement, and this report
was received by the Council November 17, 1980;
NOW THEREFORE, QE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA:
1. A Public Hearing was held on said propased improvement on December 8,
1980 with all owners of real property ubutting up�on the project area
named as the location of the improvement.
2. Such irnprovement is hereby ordered as proposed in the Council resolution
adopted November 17, 1980.
3. John �. Flara, Dir�ector of Publ-ic Glorks, is hereby designate� as the
Engineer for this improvement. Ne shall prepare plans and sp,ecifications
and estimates of costs thereof for the making of such improvements.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 1980.
MAYOR - WILLIAM J. �lEE
ATTEST:
ACTING CITY CLERK - NASIM M. �1URESHI
0090A/0919A
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�� CITY C1F FRlDL,EY OFFtCE OF THE CITY MANAGER
� 6431 UNIVEP15fiV AVE. NE. �jA�"j�{�/� ie/l. C��..�RESH!
� FRiG1L�Y� M10V. 55432 t67d] 579-345�
December 12; 1980
MEMO T0: THE HONORABLE MAY�R AND CITY COUNCIL
MEMO FROM: CITY MA�IAGER
SUBJECT: ADJUSTMENT OF CITY'S ALL04JANCES FOR EMPLOYEE'S MILEAGE
REI�iBURSEMENT
There seems to be a concern among the emp7oyees that the City's present
reimbursement po7icy af 22� per mile does not fairly compensate for the
use of their vehicles. Obviously, the cost of maintainin� and operating
a vehicle has been accElerating at a dramatic pacee .
Based upon some of the da1;a we have col7ected, I feel it would be
appropriate for the City to adjust ihis reimbursement to 25� a mile (to
take effect January l, 1981). This w�uld mean that the City has adjusted
this rate in a one year period to an increase of 13.64%.
The car allowance reimbursement is planned to be raised 11.90% for 1981.
NMQ/ms
RESOLUTION N0. 1980
A RESOLUTION ADJUSTTNG THE CITY
OF FRIDLEY MILEAGE RETMSURSEMENi
WHEREAS, the City of Fridley reimburses a City Employee for the
use by an employee of his/her own automobile in the Ferformance of
official duties; and
WHEREAS, the City is now reimbursing at a rate of 22¢ per mile; and
WHEREAS, the cost of operating an automobile has ircreased due to
the rapid rise of gasoline prices and inflation; and
WHEREAS, the City Council may prescribe mileage reim�ursement in
accordance �vith Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley
that the City allotivance for employee mileage reimbursement is dstermined
to be 25� per mile.
PASSED AND ADOPTED BY THE CITY COUNC7L OF THE CITY OF FRIDLEY
THIS QAY OF __; 1980
ATTEST:
ACTING CITY CLERK - NASIM M. QURESHI
MAYOR - WILLIAM J. NCE
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FROM: Sid Inman - Central Service/Data {'rocessing
RE: I.C.M.A. Deferred Compensation
DATE: December 12, 19II0
Please be aware that we have set December and January as enrollment
months for the I.C.M.A. Deferred Compensation Plan.
If you would like more information about the plan or would like to
enroll, please contact me or Barb Ridout.
If you are already on the plan and would like to change your Deferment,
forms are available in Accounting.
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7
7 �
WHAT HAPPENS TO iHE MONEY YOU DEFER?
It is invested in Qne of the trust funds described in the brochure.
DO YOU GET EARNINGS FROi� THE TRUST FUND?
Yes, Each participating employee is credited with his/her share of the
trust fund earnings e�ch month.
WHAT TYPE OF PAYMENTS WILL YOU RECEIVE?
You request the type of benefit payments you desire at the time of your
retirement.
HOW DO YOU KEEP TRACK OF YOUR DEFERRED COMPENSATION?
At the end of each of Retirement Corporati�n's fiscal year. a report is
prepared for each par�icipating employee which summarizes a11 contributions,
charges and earnings�
WHEN MAY I MAKE CHANGES IN MY PLAN?
You may increase or decrease your deferred compensation or change your
selection between the Variable and Fixed Income Fund on the amendrnent
date selected by your employer.
WHAT SHOULD YOU TAKE INTO CONSIDERATION BEFORE YOU DECIDE TO PARTICIPATE?
The tax savings available to you through a deferre� compensation plan result
in your not being able to withdraw money at any time you choose. Therefore,
you must evaluate your own financial conditian before,applying. First, if
you are spending eve�ything you earn you cannot afiard to participate, and
perhaps you should do something about this. Second, you need personal savings �•!
which you can easily withdraw in order to cover an emergency. The most common
vehicle for this type of savings is a savings institution or credit union.
Also, if you are trying to save money for a car, a home, or some other type of
major purchase, another type of savings plan is necessary as the Retirement
Corporatinn plan is primarily a retirement planning tool.
WHAT ARE THE COSTS OF THE RETIREMENT CORPORATION PLAN?
7he Retirement Corporation plan is the least expensive of any national deferred
compensation plan. A one-time administ►°ative fee of 1.5% is charged on each
contribution when it is received.
7B
WHAT IS A DEFERREU COMPANSATION PLAN?
A deferred compensation plan is a procedure by which you arrange for a
portion of your salary to be paid to you a� retirement.
WHAT IS THE CHIEF ADVANTAGE OF A DEFERRED COMPENS�TION PLAN?
The chief advantage is a tax savings that other savings plans do not
have. You do not pay income tax on the amount put into the plan because
you do not receive the money.
DO I STILL PAY SOCIAL SECURITY?
This program has no effect on social security that you now pay.
WHAT NAPPENS IF YOU CHANGE JOSS:
This is one of the most important features of the Retirement Corporation
(RC) plan. You do not lose any deferred compensation funds if you change
jobs. If ,you go to work for ano�iher public employer, your funds will
follow you.
WHAT HAPPEhS IF YOU DO �OT STAY IN THE PUBLIG SERVICE?
If you do not remain in public service, your deferred compensation funds
would ordinarily remain in the plan, ear°ning interest, until you are
eligible to receive them.
WHEN ARE YQU ELIGIBLE TO RECEIVE BENcFITS?
You become eligible for benefits upon retirement or in the event of your
disability.
CAN YOU BORROW AGAINST YOUR DE�ERRED COMPENSAITON?
You may not borrow against your deferred compensation funds nor may you
use them as security for any note, mortgage ar other debt or obligation.
CAN A CREDITOR PLACE A CLAIM AGAINST YOUR DEFERRED COP9PENSATION?
No!
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���� December 10, 1980
FROM D.P.1�1. �ohn G. Flora.
SUBJECT
Rental Property I_icense Renewal
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1��.7
We have inspected the attached residential rental property for license
renewal. Listed are the def;cienc�es found and not corrected. We have
attempted to resolve these items, but have rtot been successful.
Request the Cit,y Counvil consider th�s� licenses a.r�d �rovide staff
guidance on how they desir� us to pr�oceed to obtairr compliance.
JGF:ik
ACTION� INFO.
MEMO TO: John F'lora, Director of Public Works
MEMO I'ROM: Steve Olson, Enviroiunental Officer
MEMO DAT�: December 10, 1980
REGARUING: Residential Rental Prop�rty License Renewals
The attached license a���lications have been received; have orders
outstanding; and at this time shpuld be acted on, without my signature,
by the City Council.
Property Owner
Bigos Properties
P.O. Box 22464
Robbinsdale, MN 55422
Same
S ame
Same
Same
Same
Same
Address of Property
5200 - 3rd Street N.E.
5201 - 3rd Street N.E.
5230 - 3rd Street N.E.
5231 - 3rd Street N.E.
5260 - 3rd Street N.E.
5261 - 3rd Street N.E.
5290 - 3rd Street N.E.
Def ic ienc ies
Screen refuse container
Screen refuse container
Screen refuse container
Screen refuse container
Screen refuse container
Screen refuse container
Screen refuse container
Same 5291 - 3rd Street N.E. Screen refuse container
(Refer to container screen variance denied 10/6/80)
Earl Norwood
C/O IJews Realty
7412 Lyndale Ave. S.
Richfield, PStd 55423 5974 - 3rd Street N.E. Provide tight-f itting
screens on all openable
windows.
Apt. #1 Repair damage to wall by
the bathtu}� faucets.
Apt. #2 Provide approved piping
for bathtub & shower.
Repair damage to wall by
the bathtub faucets.
Repair damage to the
ceiling above bathtub.
Mark Seecombe
2409 Pierce St. N.E.
Mpls., MN 55418 6051-55 3rd Street
Provide ha�-c�surfaced
driveway & parking lot.
Provide striping after.
Repair dilapidated refuse
enclosures. Clean area
adjacent to refuse area
free of litter.
(cont. )
s i,
Memo to John Flora Page 2 0�
Decembcr 10, 1980
Margaret Hendley
118 Craig Way N.E,
Fridley, MN 55432
John Blahoski
105-58th Avenue N.E.
Fridley, MN 55432
Paul Burkholder
19031 Carsonwood Ave.
Mpls., MN 55391
Duane Tollefson
548-105th Lane N.W.
Mpls., MN 55433
S & S Investment
C/O Robert Spong
1202 Pike Lake Dr,
New Brighton, NII�I 55112
Same
Donald Keefe
2425 Brookridge No.
MpZs., MN 55422
6053 Unit Provide smoke detectors as
requiY•ed on 1/1/80.
Installed new gas water
heater without the necessary
permi.t.
5800 - 4i:h Street t�.E. Screen r_ef_use container
Stripe parking lot.
105 - 58th Avenue N.E. Replace flexible gas piping
for kitchen stcve with
approved piping in Apt. #3.
(Reinspected - found not acceptable)
106-77th Way N.E.
4030 Main Street N.E.
5475 Main Street N.E.
5495 Main Street N.E.
201 Satellite Lane
Screen refuse container
Provide sufficient, hard-
surfaced off-street parking
for tenants or discontinue
parking on grass. Stripe
parking lot.
Provide hardsurfaced
driveway and parking lot.
Provide striping after.
Screen refuse container
Screen refuse container
Provide suff icient, hard
surfaced off-street parking
for tenants or discontinue
parking on grass. Stripe
parking lot.
`_ � . • `
c_: _i
��`�o�� �.o� coNCUr�«cr�10E �3Y 7FiE CIT`( COUNCIL — ���5
f `\ LICEC �
� l December 15, 1980 RESIDENTIAL RENTAL PROPERTY
� C 1
OGINER ADDRESS UPJITS FEE APPROVED BY
Berton N. Crnss 58Q1 - 2nd Street NE 3 $30.00 Steven J. Olson,
c/a Peterson & Kalina Environ.Ofcr.
55G 40th Ave. NE
Columbia Heights, MN 55421
Robert R. Hartmann 5900 - 22 Street NE 7 45.OQ Steven J. Olson,
338Q X,ylon �?. Environ. Qfcr.
Mpls, MN 55427
Robert R. Hartmann 5908 � 2'2 Stre�t NE 7 45.00 Steven J. Olson,
same address as above Environ.Ofcr.
Robert R. Nartmann 5916 - 22 Street NE 7 45.00 Steven J. Olson;
same address as above Environ.Qfcr.
Donald E. Klostreich ' S401 - 4th Street NE 4 30.00 Steven J. Olson,
2509 Hillview Rd. Environ. Ofcr.
Moundsview, MN 55432
Larry Noble 5419 - 4th Street NE 4 30.00 Steven J. Olson.
'� 7381 Jackson St. NE Env�ron.Qfcr.
Fridley, MN 55432
Craig R. Scott/Betty Jane Scott 5�00 - 5th Street NE 4 �O.QO Steven J. �Jlson,
5400 - 5th Street NE Environ.Ofcr,
Fridley, MN 55421
Harold D. Morrow 5430 - 7th Street NE 34 73.00 Steven J. Olson
Rt. 5, Box P 196 Envir�an.Ofcr. �
River Falls, WI 54022
Todd B. Fuecf��:mann 7417-7419 Ab1e Street NE 2 20.00 Steven J. Olson,
5872 Washin�ton St. NE Environ.Ofcr.
Fridley, MN 55432
Hong & Plau Associates � 7190 Old Central Ave. �!E 4 30.00 Steven J. Olson,
2298 - 17th St. NW Environ.Ofcr.
I�ew Brighton, MN 55112
Paul M. Burkholder 7673 East River Rd. 4 30.00 Steven J. Olson,
19031 Carsonu�rood Ave. Environ.Ofcr.
Mpls, MN 55391
K& K Littler 6379 NE Hwy. 65 8 60.00 Steven J. Olson,
1462 9�th Lane Environ.Ofcr.
Coon Rapids, hfN 55433
Alvin A. Nitschke 6661-71-81 P�ain St. NE 2 20.00 Steven J. Olson,
66G1 Niain St. NE Environ.Ofcr.
Fridley, MN 55432 ,
0
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��� F.4R CONCURRL"1�10E 3Y TFi� CI'r`( COUiVClL — LICE,�`�SES
_� ._ December 15, 1980
T_vpe of License: 6y_ �proved Qy:
On Sale Beer
Big 6's Pizza Roger Van Bergen James P. Hill
317 Osborne Rd. N.E. Public Safety Director
Fridley, i�n. 55432
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�105.00
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"�� r.ac� covcur�r�r_c��c� a�� �t'�-i� c��r�� couNCl� - ESTIf�ATES
�l_.�----- flECEMBER �5, 1980 _
Bud Jahnson Construction Co.
c/o Design Consortium, Inc.
1012 Marquette
Mpls. , t�1N 55403
Application No. 7 - Springbrook
Nature Center
Smith, Juster, Feikema, Malmon & Haskvitz
1250 Builders Exchange Building
Mpls. , h1N 55402
$30,145.00
For legal services rendered as Prosecutor
for the month of November, 1980 $ 2,870.00
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�UE3JECT Nasim M
Estimate, Springbrook fdature Center
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ACTiONi 1NF�•
We have received Application Na. 7 for payment of $35,583 which includes
Change Orders 4 and 5 for $6,042.
41e have been coordinating with Design Consori;ium on charges for construc-
tion which we have not approved or do no� feel are ap�ropriate for City
paymento Included in Charige Orders 4 ard 5 are a number cf� items stil1
in contention. We have advis�d DCI that no actian will be taken o� these
Change Orders until items under contention are resolved; therefore, I
recommend we deduct this amount �rom the total of cornpleted work a� this
timee This deducti�n would amount to a payment of $30,145�
Since the contractor requires payment for work completed, it behooves us
to pay those items whi�h are not in contention.
Recommend the City Council authorize payment of Application No. 7 for an
amount of $30,145.
JGF:ik
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STAT EMEN'T
SMiTH, JUSTER, FEI�EtviA, ti1Al_MON & fIASKVIIZ
/aTTORNEYS AT L!\W
1250 BUILDF_RS EXCHANGF_ BLDG.
MINNEAPOLIS, IVi1NNE50TA 55402
339-1481
$U[3URBAN OFFICE
FRIDLEY
�ity of Fridley �
6431 University Avenue N. E.
Fridley, Minnesota 55432
Attention: �1r. �lasim Qureshi,
L City P�lanager J
CVN PLEASE ItP_TUHN TH/S �'OiiT10N WITM YUUFt PAYMENT
OATE 6 - r e � BA�ANCE
FORWARDED ( ROi". LAST STATEMENT
12-02-80 For legal services rendered as Prosecutor for
the City of Fridley during P;ovember, 1980.
Representation �f City of �ridley in 95 Pre-jury
t�ial conferences and 23 court trials. (42 hours)
Processing com�laints including citizen inquiries
and preparation of 58 formal complaints and
revietiv of records. (?_7 hours - 15 minutes}.
Total Time (69 hours - 1� minutes)o
Pdovember, 1930 Retainer $1,3Q0,00 $1,300.00
Time in excess of 30 hours
(39 hours - 15 minutes). 1,570.00 $2,870.00
SMITH, JUSTE:R, FEIKEMA, MALMON & HASKVITZ
A�TOHNtVS wr �.ww
11
tr�;i(�':"vl� ,T Gi; i(i;�.� 1!Ai`.f� ',�;IVE_, f fllf7i_( i'. f�4i`�!'1i �E)�I� ,_ i i„'i0
%
December 4, 1980
Mr. Nasim C?ureshi, City ManaQer
Ci t.v of Fri dl ey
6431 University Avenue Sd.E.
Fridle,y, f�1N 55432
Dear Mr. f�ureshi :
f)it J�>f IN K H11N`;HtV
�.ui �� ��u�d i f ra�,t u i
�)nh�C�.,.� 4i HEO4tFtJ
u;;,; ,, � � ���
fri r,��r;� �, �, ni t r,lit',
JE(i(�Y S[EMAN
nE', r,',�,;iui�dniur�
The Board o� Er�ucatian has given preliminary approval io lease
the Gardena Elerrentary School to �ait�h Academy, Inc. Faith
Acad�m.y is a non-��ofit corpnration which currently is eperating
a K-12 sc�oo� a � a i ovati or� i n Co�l �imbi a Hei ghts . Zf a lease can
be successfully ne�otiated, tt�ey propose to move their sct�oo� to
the Gardena site on Jan�.aary 1, 198�.
The Baard has this rn��ter on its agenda for the regular rneetinq
of December 16, 198Q and would appreciate an eariy response from
you i f you env� s� o� any prc�bl ems or conc`rns 4vhi ch may ari se from
this �sse of the propervy. 7he Cit,y fire and inspection departments
have been �otifi�d of ihe passibility of this change of occupancy.
I can rr�et vvi th you at ,your conveni �nce or cai i m� at 571-6fl00,
extension 103, if you would like more s{�ecific information.
Cordially,
—�? r �, �
��. �, ���„ �-
`�James H. Hedren
Dir. �usiness Affairs
JHH/hJ
cc: Mayor hee
Ci ty Counci i Members