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11/09/1981 - 5307OFFICIAL CITY COUNCIL AGENDA REGULAR COUNCIL MEETING NOVEMBER 9, 1981 FRIDLEY CITY COUNCIL MEETING - PLEASE S`IGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: fJov�ember 9, 1981 NAME �___________________________________ ADDRESS `S�D/- ITEM NUMBER � � _�-�--___= � , . S�'l , . FRIDLEY CITY �COUNC I L �1 I 1 REGULAR MEETI,�G - NO`�EM�ER 9 198� - 7, MEMO T0: DEPARTMENT HEADS� FOLLOWING ARE THE `�ACTI�iJS NEEDED"� PLEASE HAVE YOUR ANSWERS BACK IN THE CITY P�ANAGER�S OFFICE BY THE WEDNESDAY BEFORE THE ; NEXT REGULAR COUNCIL MEETING� THANK YOU���_ ��r ����> PUBLIC iiEARING, �CTOBER I9, 1981 . Approved �CENTRAL 5ERV. REGULAR MEETING, OCTOBER Z6, 1951 Approved � � ADOPTIO�J OF AGENDA: Add: Report from staff on Rezoning for Mr. Burandt OPET� FORUM, VI�ITORS: . . • tCONSIDERATION OF ITEMS.NOT ON AGENDA —�S ��1NUTES) No Response STATEMEi�T OF CA�IVASS : CANVASSING OF VOTES OF THE GENERAL ELECTION OF i�OVEMBER 3, 1981 . . . . . . . . . . . . . . . . . . . . 1 - 1 E Approved � ACTION NEEDED: File for future reference PLiBLIC HEARI�IG: PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE . . OF $I,OOO,O�O�INDUSTRIAL �EVELOPMENT REVENUE BONDS TO �A MAUR, INC� UNDER THE P�1NNESOTA i�UNICIPAL INDUS7RIAL DEVELOPMENT ACT, P�1NNESO7A STATUTE5, • CHAPTER 4�4 � � � � � � . � � � . � � � � � � � � � � . � 2 Hearing opened at 1:40 P.M. Closed at 7:45 P.M. � ENTRAL SERV. SEE ITEM N0. 9- RESOLUTION N0. 126-1981 � � REGULAR �iEETIIVG, "�OVEMBER 9, 1981 PAGE � PUBLIC WORKS CITY MANAGER OLD BUS I i�ESS : r CONSIDERATION OF PEVISED COMPREHENSIVE PLAN FOR SUBMITTAL TO THE METROPOLITAN COUNCIL �TABLED 10/26I81) , , , , , , , , , , , , , , , , , , , 3 Approved with changes ACTION NEEDED: Make char�ges as directed and forward to Metro Council CONSIDERATION OF SECOfJD READING OF AN ORDINANCE AMENDING CHAPTER COZ UF THE FRIDLEY CITY CODE ENTITLED ���EER LICENSENG"� . . � � � . � � � � . � � , 4 - 4 E Ordinance No. 743 adopted ACTION NEEDED: Publish ordinance in Fridley Sun on Wednesday, November 18, 198 CONSIDERATION QF REZOPJING REQUEST ZOA #80-02, TED BllRANDT Item tabled for two weeks for full report of the situation and alternatives LIC WORKS ACTION NEEDED: prepare ii�formation for City Council and put on agenda of November 23, 1981 CENTRAL SERV. �lEk� BUS I �JESS : CONSIDERATION OF A REQUEST BY FRIDLEY FIREFIGHTERS RELIEF ASSOCIATION TO UPGRADE THEIR PENSION BENEFITS AND CONSIDERATION OF A RESOLUTION IN OPPOSITION TO INTERNAL REVENUE SERVI�CE REVENUE RULING 81-5II. ..�.. 5- 5 P Request to upgrade pension benefits approved by Council RESOLUTION N0. 125-1981 adopted ACTION NEEDED: P�ake necessary changes to reflect upgraded benefits and forward Resolution to appropriate parties for their information �i PUBLIC WORKS �PUBLIC WORKS �JEW BUSI���ESS �CONTINUED) CONSIDERATION OF REAPPROVAL OF BROTTLUND ESTATES PROPERTY, 6431 atvD 64:33 EasT RIVER ROAD, REQUESTED BY ,J� A� CAI�WALLADER III, �BA�REALTY WoRt�,,,,,,,,,,,,,,,,,,,,,,,,,,6-6D Approved with 10 fooi easement and $600 park fee ACTION NEEDED: Inform applicant of Council approval with stipulations CONSIDERATION OF SIGN:[NG .JOINT COOPERATION AGREEMENT WITH ANOKA l,OUNTY, COMMUNITY DEVELOPMENT BLOC K GRANT FOR I9gZ , � � � � � � � � � � � . � . � � � 7 - 7 G Approved ACTION NEEDED: Have agreement executed and forwarded CONSIDERATION OF CHANGE ORDER y0� 1, WATER AND SEWER PROJECT �Jo, 134� � � � � � . � . � � � � � � � � �S — � B Approved BLIC WORKS ACTION NEEDED: Have Change Order executed CONSIDERATION OF A RES�OLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSE�i INDUSTRIAL DEVELOPMENT PROJECT BY LA ��AUR, INC� UNDER THE �IUNICIPAL INDUSTRIAL DEVELOP�'MENT ACT AND AUiTHORIZING SUBMISSION OF AN APPLICATION TO THE COMIMISSIONER OF SECURIiIES FOR APPROVAL THEREOF. . � � , � � � � . � � , . . � . . � . 9 ' 9 A RESOLUTION No. 126-1981 adopted with Change of $3,000,000 to $1,000,000 and change of Piper, Ja�ffry, Hopewood to Midland National Bank ACTION NEEDED: Change resolution as directed and notify petitioner of Council action. � PUBLIC WORKS CE�JTRAL SERV. ICITY MANAGER �IEW BUSINESS (CONTINUE:D) CONSIDERATION OF A RE:�OLUTION TO ACCEPT BIKEWAYI WALKWAY EASEMENT FROM MARGIUETTE STATE BANK OF COLUMB IA HE I GHTS � � � � � � � � � � � � � � � � � RESOLUTION No. 127-•1981 adopted ACTION NEEDED: Have easement executed CONSIDERATION OF A RE�>OLUTION AUTHORIZING TRANSFERS FROM THE PUESLIC UTILITY FUND AND THE REVOLVING FUND TO W-����"iATER WORKS IMPROVEMENT BOND FUND AND WATER RE:FUNDING BONDS OF 1975 FuNn� RESOLUTION No. 128-1981 adopted ACTION NEEDED: Make nece�ssary entries to transfer funds , , , 10 - 10 C ,,,11-11A CONSIDERATION OF I9oZ HOLIDAY AND CITY COUNCIL P`�EETING $CHEDULES � . � � � � � � . � � � � � � � � . � IZ Schedules approved ACTION NEEDED: Inform err�ployees of holiday schedule and put new council meeting dates on newsletters � APPOINTMENTS - CITY EMPLOYEES� � � � � � � � � . � � � 1� Approved appointment of David Prois, Police Officer. John Cich had withdrawn his name for consideration CITY MANAGER ACTION NEEDED: Inform accounting of new employee CENTRAL SERV :ENTRAL SERV. NTRAL SERV. �J FRIaLEY CITY �COUNC I L � REGULAR Mf=ETI;�G -�IOVE�9BER 9, 19�1 - 7:3a P, M, PLEDGE OF ALLEGIA�JCE: APPROVAL. OF MItJUTES : PUBLIC HEARING, �)CTOBER 19, 1981 REGULAR �EETING, �)CTOBER 26, 19�1 ADOPTIOPJ OF AGE�JDA: OPECa FORUM, VISITORS: • �CONSIDERATION OF ITEMS,NOT ON AGENDA - �5 ��1NUTES). STAT�MEi�T OF CA�IVASS : CANVASSING OF VOTES OF' THE GENERAL ELECTION OF I�OVEMBER 3, 1981, , , , , , , , , , , , , , , , , , , , 1 - 1 E PdBLIC HEARING: � PUBLIC HEARING ON PROP'OSED PROJECT FOR ISSUANCE . OF $I,OOO,O�O INDUSTRIAL �EVELOPMENT REVENUE BONDS TO LA �IAUR, INC� UNDER THE ��1NNESOTA MUNICIPAL - INDUSTRIAL DEVELOPMENT ACT� ��1NNESOTA STATUTES, � �HAPTER 474 � � � . � � . � � � � � � � � � � � � �� � . � 2 i�EW BUSINESS �CONTINUED) CONSIDERATION OF REAPPROVAL OF BROTTLUND ESTATES PROPERTY, 6431 aNn 6433 EasT RIVER ROAD, REQUESTED BY �� A� CADWALLADER III, DBA�REALTY WoR�,,,,,,,,,,,,,,,,,,,,,,,,,,6-6D CONSIDERATION OF SIGNING �OINT COOPERATION AGREEMENT WITH ANOKA COUNTY, COMMUNITY DEVELOPMENT BLOC K �RANT FOR 1982 � � � � � � � � � � � � � � � � � � % - 7 G CONSIDERATION OF CHANGE ORDER iVO� 1, WATER AND SEWER PROJECT ��o, 134, , . , � � � � � � � � � � � � � � - $ B CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY LA �IAUR, INC� UNDER THE �iUNICIPAL INDUSTRIAL - DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN� APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF. . � � � � � . � . � . � � � � � � � � 9 - 9 A � THE MI�dUTfS OF THE PUBLIC NEARING MEETING QF THE �RIDLEY CITY COUNCIL OF OCTOBER 19, 1981 __ . _ _ . _ _ .._ _. . 266 �'�'E 1 THE MINUTES OF THE PUBLIC HEARII4G MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 19, 1981 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses-Martin, and Councilman Fitzpatrick MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Schneider i:o adopt the agenda as submitted. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Vern Moen presented a check for $19,000 to the City, on behalf of the Springbrook Nature Foundation. He stated the City had helped them finance additional space and made it pos:sible to use a solar heat saving roof when the nature center was constructead. He explained this would save them money in the future and will be a goocf investment. Councilwoman Moses-Martin statecf this is a good showing that the public can get behind and donate money to a worthwhile cause and hoped this was the beginning of a wonderful facilil:y. Mayor Nee and the Council member•s extended their thanks to Mr. Moen for the presentation of the check. PUBLIC HEARINGS: TO REZONE FROM M-2 rHr,_ ��n _ ��Rn av MOTION by Councilman Barnette ta waive the reading of the public hearing notice and open the public hearing. Se�conded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried ur►anisnously and the public hearing opened at 7:40 p. m. Mr. Flora, Public Works Director•, stated the property requested to be rezoned is the area east of University z�nd south of 73rd Avenue. He stated this triangular corner property is c�rrently zoned M-2 and the request is to rezone to C-2 to allow construction of a corrmercial office building. F1r. flora stated, at this time, Mr. Haggerty didn't wish to disclose who the tenant would be for this building, but had a proposal from a bank for occupancy as well as his law firm. Mr. Flora stated staff has no pr•oblem with the rez oning, however, there was discussion at the Planning Commission regarding the entrances and exits, and _. � one-way traffic scheme was proposed. He pointed out the intersection at University and 73rd is scheduled to he improved and there will be additional turning lanes into this area. 0 n^�� :.J �.' 1 PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 2 Mr. Flora stated the Planning Commission recanmended approval of the rezoning, with the stipulation that the rezoning not be approved until the building permit is taken out for construction of this office building, and that the traffic fla�u be worked out as per Mr. Haggerty's building plan, with the northerly driveway to be an entrance only and the southerly driveway to be an exit only. He stated, if this was not possible, then the Planning Cortmission recormiended that staff's proposal should be worked out. Councilwoman Moses-Martin stated she was not so concerned with the frontage road, but if there would be stacking room for cars at the stoplight on University and 73rd. Mr. Flora stated it shouldn't be a problem because they have about 200 feet of stacking room for vehicles. Mr.:Haggerty stated fhe biggest problem when you have a banking institution is the tremendous amount of space taken for the drive-in facility. He felt if they could have another exit on the south, they could live with it; however, he would prefer it would be a drive both for ingress and egress. Mr. Haggerty stated he felt they would have to stay with a two-story building in order to meet the parking requirements. Mr. Mike Larson, 6390 Starlite Blvd., asked what would be the costi of construction of this building. Mr. Haggerty stated it be about $1,600,000. Mr. Larson questioned if it would be financed through a conventiona7 mortgage. Mr. Haggerty stated he is looking at a tax exempt mortgage and would come back to the City to request financing under the industrial revenue bond statute. Mr. Larson felt the financing should be decided at the time the rezoning is � discussed. Mr. Qureshi, City Manager, stated the question whether financing through industrial revenue bonds would be available would not change if the rezoning was left as it is now or changed to commercial. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilwoman Moses-Martin to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote,all�ioting aye, Mayor Nee declared the motioncarried unanimously and the public hearing closed at 7:55 p. m. cL PUBLIC HEARIN6 ON VACATION REQUEST, SAV #81-03 BY PETITION N0. 9-1981 TO VACATE 66TH AVENUE BETWEEN PIERCE STREET AND LUCIA LANE, BURTON H. SCHER1iEN: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously a�d the pub]ic hearing opened at 7:56 p. m. Mr. Flora, Public Works Director, stated the area in question is just east of Highway 65 and north of Mississippi Street. He stated the City has a right-of-way for 66th Avenue which would connect Pierce to Lucia Lane, but ' it has not been constructed. � Mr. Flord stated Mr. Scherven came in for a variance �rr order to construct a house and garage on his property, and also requested vacation of the easement. � n .^p l�vc7 PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 3 Mr. Flora stated it was found th,at the utility canpanies require retainment of a 10 foot easement and the City requires an easement for drainage. He stated the Planning Comnission h,as recorrrnended approval of the vacation, with the stipulation that utility and drainage easements be retained. Mr.S�veren stated all the neighbors have signed for the vacation and stated they want to use this area for a garden. Mr. Schveren stated if a street were to go through, he would hav�e to sell his house as tHe garage encumbers on the easement. Mr. Qureshi, City Manager, stated the staff's position is, essentially, they are against vacating any roadways; because, in the past, the City had to go back and acquire right-of-way th��t had been vacated. He pointed out there are sizable lots in this area and des�ending on any future development to the north, it would dictate whether or not t:his road would be constructed. It was pointed out Mr, Schveren c:ould proceed with his construction plans, as he has obtained the variance, regardless of what action is taken on the vacation request, ��o other person in the audience spoke regarding this request for vacation. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Schneider. Ilpon a voice vote, all voting aye, �•tayor Nee declared the motion carried u�an5mously•a�dthe public hearing closed at 8:10 p. m. ��PUBLIC HEARING ON PROPOSED PROJECT FOR.ISSUANCE OF $1,975,000 INDUSTRIAL DEVELOPMFNT RFVFNIIF Rf1Nf1S T(1 FFNI TNf_ �FHI Ttir. Cmn ruvrtn iitinra Tur Mrutircnre MOTION by Councitman Schneider to waive the reading of the,�public hearing ��otice and open the public hearinq. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p. m. Mr. Inman, �City Clerk, stated this is a request for the issuance of $1,975,000 in industrial revenue bonds for construction of a three-story office building located on the property at 921 and 941 Hillwind Road. He stated part of the property is in a tax increment district and there are plans to remove an existing structure for constructi��n of this new office building. Mr. Flora, Public Works Director, stated the area in question is east of Highway 65 and north of I-694 and involves two parcels being developed into commercial property, Councilman Schneider stated he didn't have any reservations on using this type of financing, since it is be�ing done for office buildings, and other cities are using this means in orcier to remain cornpetitive for a tax base. Councilman Schneider stated he dici have a concern on the height and size of the building. Mr. Qureshi, City Manager, stated this is the maximum height which can be built, however, he stated they do meet all the zoning requirements. Councilwoman Moses-Martin stated she had a concern about the traffic funneling into the adjacent neighborhood. Councilman Barnette stated his concern would be the neighborhood reaction to this commercial building in their area. Mayor Nee stated the question of the rezoning is now being considered to rezone this property from R-3 to GR-1. He stated a public hearing was previously held, but action was ta.bled on the rezoning request, therefore, residents were sent out a notice that this question would again'"be before the Council this evening. �1�j� PUBLIC HEARIN6 MEETIN6 OF OCT08ER 19, 1981 PAGE 4 Mayor Nee stated another question, if the rezoning is approved, is whether industrial revenue bonds should be used for construction of the office building. Mr. Richard Nordlund, Investment Banker - First Corporate Services, appeared before the Council regarding the question of industrial revenue bonds to finance the construction of this office building. Mr. Nordlund stated he felt this would be a good project and addition to the City and would increase the tax base, and anticipated construction costs somewhere between $1,500,000 to $1,700,000. He stated they would have about 40 tenants, with an average salary of $15,000 a year, Mr. Nordlund stated the interest rates for a conventional mortgage are between 16-1/4% to 17-1/4% and feTt the interest rate for a tax exempt mortgage would be about 13%. He stated it would be feasible to proceed with construction at an interest rate of 13X, but not at rates 16-1/4% to 17-1/4%. Mr. Nordlund stated he doesn't handle the leasing for the building, but was told by Ms. Nybo that they had a number of inquiries and a number of persons interested in moving into this building. Mr. Nordlund stated they will go out and find a lender and obtain a letter of comnittal for the mortgage. He stated instead of selling bonds, only one financial institution would be involved and the developer would have to put in part of the cost. Councilman Schneider questioned the amount the developer would have to pay in order to obtain a mortgage. Mr. Nordlund stated it would be a substantial amount, probably 10% or more. Mr. Mike Larson, 6390 Starlite Blvd., questioned the length of the mortgage, and Mr. Nordlund stated it would be 20 to 25 years. Mr, Larson stated the difference in interest between a conventional mortgage �nd a tax exempt mortgage is about 5% and on this basis, for a 20 year mortgage, the savings in interest would be about $1,733,520. He pointed out that this is interest savings to the business of roughly 88% of the original maximum mortgage, which is substantial. Mr. Larson felt industrial revenue bonds have their place when you are talking about adding jobs, however, this facility would not create the jobs a manufac- turing expansion would generate. Mr. Larson stated in 1971 in Minnesota, financing through industrial revenue bonds was $17,000,000 and that figure has risen to $641,000,000 in 1979. Mr. Larson stated the Reagan administration is looking at doing away with� industrial revenue bonds, basically, because of the revenue loss. He stated it is a problem that is really starting to hurt and if everything is being financed with industrial revenue bonds, the deficit would be much 7arger. Mr. Larson stated hearings on industrial revenue bonds are being held on the State level and steps being taken t� prohibit their flagrant use. Mr, Larson feit this type of financinq, in the long run, is really detrimental to the tax payer. He pointed out, with the tremendous supply of industrial revenue bonds, the interest costs to the City for genera7 obligation bonds for � improvements will be 2 to 2-1/2% higher. Mr. Larson stated he could more easiiy support industrial revenue bonds for the expansion of large businesses, instead of something of this nature. 2iU PUBLIC HEARING MEETING Of OCTOBER 19, 1981 PA6E 5 Mr. Qureshi, City Manager, stated th�� City did deny industrial revenue bond financing in the past, however, the issues Mr. Larson raises are good. He felt it is a policy matter that should be considered at the Federal and State levels, and if this means of financing is:stopped, all cities are going to be treated equa]7y. He stated th�e problem they have if they want ar�y development now, this is probably the only method left to finance any industrial or commerciai construction. He stated the thrust has been to help existing industries in Fridley, however, more and more cor�nunities are using this means to obtain industry and the City has to remain competitive. Mr. Larson stated he is concerned about the fact that this project is do or die depending on whether they approve industrial revenue financing. He felt just because everyone else was using this means, the City didn't have to stay in there to get their share and that this had to be looked at from the taxpayer's viewpoint. Mr. Qureshi pointed out he was also a taxpayer and felt this should be brought to the attention of their representatives in Congress as some of the arguments made were good. Mayor Nee stated he would like to have this process eliminated by the federal government. He stated he felt the Council was uneasy with using this means of financing, but it comes down to the question if they don't offer this means and other cities do, they have lost some development. He stated it then gets into the question of regretable alternatives. He felt there are better ways to help along development, however, it is the setting today and what they have to dea] with. Playor Nee stated he would agree it is bad, but puts the City rn a position where, if they want to remain compet.itive, they are almost required to do it. Councilman Barnette stated the idealistic situation is not to have this means of financing, however, if they don't: provide this tool, developers would go somevrhere else and the Council would then have denied Fridley this deve]opment. Mr. Larson stated he didn't think Fr•idley got where it is today with tfle issuance of industria) revenue bonds and his hunch is, in the next year, the conversation will be meaningless bec:ause something will be done. Councilman Schneider asked if it was: fair to the local taxpayers to not take advantage of something that is legal and, from the City's viewpoint, risk-free. He stated all the s�rrounding corrmunities are, in fact, providing this means of financing so whether i:hey issue industrial revenue bonds here or whether they are issued in a neighbc�ring community, it is the same cost on the State and Federal levels.� Mr. Larson stated the taxpayer can'�t attribute the cost to his pocketbook. He pointed out it is the same with grai�ts. The money is taken from one pocket and put into another, however, it is st�ill the taxpayer who is paying. Mr, Larson stated the Council agree�s with all the facts, but because you want to have a new building, you will pr��bably approve it anyway. Mayor Nee stated he would sign a letter with Mr. Larson to send to the Congress to repeai the use of industrial revenue financing, but until this is done, he has another problem. Mr, Nordlund stated the State Comnissioner of Taxation testified at hearings in the State of Minnesota that industrial revenue bonds had no significant effect, as far as the State revenue was concerned. .Mr. Nordlund stated Minnesota issues quite a few industrial revenue bonds, however, the Northern states are losing businesses to the Southern areas. �)'j � L. � 1 PUBLIC HEARING OF OCTOBER 19, 1981 PAGE 6 Mr. Nordlund felt anything a city can do to increase its tax base helps in selling bonds. • Mr. Moen, 7154 Riverview Terrace, stated he felt, in the beginning, industrial revenue bonds were intended for construction of hospitals and institutions and tends to agree with Mr, Larson's cortments that it would be overstepping the bounds in issuing tax free revenue bonds in this case, as there is no doubt it does remove revenues from the State and Federal goverrments. Mr. Dave Harris,470 Rice Creek boulevard, stated he is involved in a residential housing project in Coon Rapids and the housing industry is the lowest since the 1950's. Mr. Harris stated he had nine builders in this project and is now down to two builders, and many of the workers had to go on unemployment and welfare. He felt this was a bigger tax bite compared to the loss uf income the State does not get from the issuance of industrial revenue bonds. No other persons in the audience spoke regarding this proposed project for the issuance of industrial revenue bonds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:15 p, m. OLD BUSINESS: � CONSIDERATION OF REZONING REQUEST, ZOA #80-02 TO REZONE FROM R-3 TO CR- Mayor Nee stated the Council has had the hearing on this rezoning request and.tabled the decision on the rezoning. He stated neighboring residents have been notified that the Council will be considering the item this evening. � Mr. Flora, Public Works Director, stated the request is to re2one the ° property from R-3 to CR-1. He stated when the public hearing was held on the 3 rezoning request, several stipulations were recommended, one being that the � existing structure was to be removed and another was to provide screening. He stated, at the time af the hearing, Mr, Burandt was developing a package, but was not too interested in tearing down the existing structure, He stated, since this time, parties have gotten together with the plan for construction of an office building. Councilman Schneider stated he believed it makes sense for commercial use of the property. He stated the traffic question that has cume up before is a real problem, however, he is not convinced it would make a lot of difference in the traffic, whether the property is used for multipies or comnercial development. Councilwoman Moses-Martin stated she couldn't believe the neighboring residents weren't present this evening, as they raised many questions at the time �f the public hearing. Councilman Schneider stated he has talked with Carol Fassett several times and, generally, it was her feeling, and she wasn't speaking for her neighbors, that she would prefer corrmercial development rather than more multiple units. Mr, Qureshi, City Manager, stated a�cess to the office building would be essentially through Hillwind Road, with traffic exiting to Hackman through � Polk Street. No persons in the audience spoke for or against this proposed rezoning request, and the following item was cons�dered. L%� PUBLIC HEARING OF OCTOBER 19, 1981 PAGE 7 CUI�'SIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF TIIE TO CR-1: MOTION by Counclilman Schneider to waive the reading of the above ordinance and approye the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Ma;yor Nee declared the motion carried unanimously. 5 ORDINANCE N0. 741 REPEALING CHAPTER 51)6 OF THE FRIDLEY CITY CObE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 51)6 ENTITLED "VEHICLE PARKING": MOTION by Councilman Schneider to waive the reading of Ordinance Plo. 714 and adopt it on the second reading and order publication. Seconded by Councilwoman Moses-Martin. Upon a vo�ice vote, all voting aye, Mayor Nee declared the motion carried unanimous'ly. NEW BUSINESS: .� �CONSIDERATION OF A SIGN PERMIT APPLICI�TION, UNITED METHODIST CHURCH, 666 MISSISSIPPI STREET: Mr. Flora, Public Works Director, stated the United Methodist Church has requested a second free standing sign identifying their day care center to be placed on P9onroe Street off of Missis:sippi. Mr. Flora stated United Methodist Chui-ch came to the Council in 1980 for some variances and the Council required somE� screening, a landscape plan, and deferred the requirement for curbing in the parking lot until 1983. He stated they have been assured the improvement:s would be completed as requested by the Council last year. MOTION by Councilman Schneider to grant the sign permit to United Methodist Church for a s�c9nd free standing sign identifying their day care center. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirnously. ��.� �RESOLUTION N0, 119-1981 APPLYING FOR A STAT MOTION by Councilwoman Moses-Ftartin to adopt Resolution PJo. 119-1981. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous'ly. � RESOLUTION_N0,_120_1981 CALLING FOR A PUBLIC HEARING ON FINANCING INDUSTRIAL MOTION by Councilman Fitzpatrick to a�iopt Resolution No. 120-1981 setting the public hearing for November 9, 1981. Secanded by Councilwoman Moses-Martin. :�r.Wallace Johnson, Vice-President of Finance for LaMaur, Inc., stated their company has been in Fridley since 19711 a�d they manufacture hair care products. He stated they employed 370 persons in 1970 and presently employ �00 and that their sales have increased from '�20,000,000 in 1970 to $65,000,000. Mr. Johnson stated there is a need to expand their facilities and they are in the preliminary stages of identifying the type of expansion needed, and the cosf will be about $3,000,001). He stated they have elected to come to the Council and ask for finanr.ing through industrial revenue bonds. They were advised the public hearing ��n their request will be on November 9, 1981. UPON A VOICE VOTE TAKEN ON THE ABOVE t�07I0N, all voted aye, and Mayor Nee declared the motion carried unanimous'ly. . • �; . . !+J 1� 11 2��� PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 8 CONSIDERATION OF RESOLUTION RECITING A PROPIaAL FOR A COMMERCIAL FACILIT PAL Councilman Schneider stated he would feel more comfortable having the developers here to discuss their plans. He stated he didn't have a problem regarding the financing, but concern on the traffic flow. Since Ms. Nybo was on vacation, it was felt it probably would be better to wait another week before action is taken on this resolution so the Council could discuss any concerns they had with her. MOTION by Councilman Schneider to table action on this resolution for one week �ntil one of the principals is. present. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 266530 through 299W26. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 2 ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue N.E. fridley, MN 55432 For legal services rendered as City Attorney for the month of September, 1981 Smith, Juster, Feikema, Malmon & Halvitz 1250 Builders Exchange Building Minneapolis, NQJ 55402 For legal services rendered as City Prosecutor for the month of September, 1981 TKDA, Inc. 2500 American National Bank Building St. Paul, MN 55101 Infiltration/Inflow Analysis for August, 1981 Walhunt Construction Company 1640 - 177th Avenue N.W. Cedar, MN 55011 FINAL Est. #3 - S& W Project No. 133 � $1,855.85 $3.787.50 $6,069.83 $4,343.01 274 PUBLIC HEARING OF OCTOBER 19, 19$1 PAGE 9 Estimates Continued: E.A. Hickok and Associates Inc. 545 Indian Mound Wayzata, MN 55391 Professional Services - Moore Lake Restoration Project (September, 1981) $3,598.50 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty, 1� PROPOSAL ON APARTMENT COMPLEX - D�4VE HARRIS; 470 Rice Creek Blvd.: Mr. David Harris appeared before the Council regarding a proposal for an apartment complex at 83rd and Uni�rersity. Mr. Harris stated he and Mr. Schroer had soil samples taken in the area and because of the peat, it is not: feasilbe to develop this property as industrial, and wi11 be submittinq a request for rezoning for multiple use. Mr. Harris stated he would like reaction from the Council if this use would be compatible with the City's plar� for development in this area. Mr. Harris stated there would be a series of internal roads into the 360 unit apartment complex, using 83rd Avenue as the main ingress and egress. He stated he is looking to proceed with this project using an industrial revenue bond and would ask the Council to participate in some corrective action on the soil to allow this development to take place. P1r. Harris estimated the cost of the project to be $11,000,000. Mr. Harris stated it is planned that 20% of the units will be reserved for low and moderate income housing ami feels it is the basis to create a tax increment district. It was the general concensus of thE� Council that this use would be consistent with the City's plan for tfiis area,. ADJOURNMENT: MOTION by Councilman Barnette to acljourn the meeting. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the Public Hearing Meeting of the Fridley City Council of October 19, 1�81 adjourned at 10:16 p. m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: THE MINUTES OF THE REGULAR MEETI��G OF THE FRIDLEY CITY COUNCIL OF OCTOBER 26, 1981 `. . v THE MINUTES OF THE RE6ULAR MEETIN6 OF THE FRIDLEY CITY COUNCIL OF OCTOBER 26. 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 p. m, by Mayor Nee. PLED6E OF ALLEGIANCE: Mayor Nee led the Eouncil and audi•ence in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Councilman Fitzpatrick,Councilwoman Moses-Martin, Mayor Nee,�Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 5, 1'981: MOTION by Councilman Barnette to a�aprnve the minutes as presented. Seconded by Councilman Schneider. Upon a v�oice vote, all voting aye, Mayor Nee decTared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the foliowing items be added to the agenda: (1) Set a Public Hear•ing on the Issuance of Industrial Revenue Bonds on Behalf of the 73rd Avenue Partnership Project; (2) Set a Public Hearing on Behalf of the Rice Creek Company; and (3) Set a Public Hearing on the Establishment of a _ Tax Increment District in the North Area. � MOTION by Councilwoman Moses-Martin to adopt the agenda with the above additions. 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 bus9Ress. OLD BUSINESS• �� ��RESO�UTION N0. 121-1981 RECITING A PROPOSA� FOR A COMMERCIAL FACIlITIES DEVELOPP4ENT PROJECT. GIVIN6 PRELIMINARY APPR(1VAI �F THF PR(1,1FCT PIIRCIIAN Y DOCUMENTS Mayor Nee stated action was tabled on this reso]ution at the 7ast meeting in order to receive further comnents from the proposed developer. Mr. Qureshi, City Manager, stated the proposal is to construct a 28,000 square foot office building on the northeast corner of I-694 and Highway 65. He stated this building will be constructed on two lots, one lot presently contains an old, burned out structure which is not occupied, and the other lot south of it currently has a model home which was converted to office space. Mr. Qureshi stated the proposal is to remove both of the structures and construct the office building. Councilman Schneider stated Ms. Nybo is on vacation, however, he did receive a phone call from her and he is comfortable as far as proceeding on this resolution. Councilman Schneider stated regarding the next item on the agenda, which is the rezoning issue, it is his intent to move to authorize the administration to enter into an agreement with the petitioner and, upon completion of the items outlined in this agreement, there would be a seca�d reading on the rezoning ordinance. `Lifi RE6ULAR MEETIN6 OF OCTOBER 26, 1981 PAGE 2 Councilman Schneider asked if they approved the resolution for the industrial revenue bond financing, if it would affect the control on the rezoning. Mr. Herrick, City Attorney, stated approval for industrial revenue bond financing, at this time, is preliminary approval and doesn't bind the Council to proceed. He stated it should be pointed out the Council would be giving preliminary approval and one of the conditions of final approval would be to obtain the rezoning. MOTION by Councilman Schneider to adopt Resolution No. 121-1981. Seconded by Councilwoman Moses-Martin. Councilwoman Moses-Martin asked Councilman Schneider what he had discussed with Ms. Nybo in their telephone conversation. Councilman Schneider stated he talked with her about the structure and made sure they intended to remove the existing structures, however, he stated they didn't go into detail on the building construction. UPON A VOICE VOTE. TAKEN ON THE ABOVE MOTION, all voted aye, Mayor Nee declared the motion carried unanimously. 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF Councilman Schneider felt the City shouid maintain some control to make sure existing structures on the property are removed. Councilman Schneider stated he felt administration should be authorized to enter into an agreement with the petitioner regarding certain assurances that the office building will be built before there is a second reading on the rezoning ordinance. Mr. Burandt, petitioner for the rezoning, stated the developers are not involved in the rezoning on this particular piece of property. Mr. Qureshi, City Manager, stated the agreement, referred to by Councilman Schneider, would be between the developer and the City to remove the old, burned-out structure as well as the existing house that is being used as an of4ice in order to construct a new office building. He further stated, if these conditions are met in a certain amount of time, the City will rezone this property. Mr. Burandt stated in order for the new office building to be constructed, it would be necessary to remove both structures in order to supply adequate parking. � Mr. Burandt stated he needed this property rezoned now in order to sell it to the Housing and Redevelopment Authority so they, in turn, can sell it to the developer. Councilman Schneider stated he didn't want this property in question rezoned unless they have a package whereby the burned-out house and the house occupied by Swing Realty are removed. Mk�. Burandt stated the Council has then changed their position, because at the time of the hearing, the position taken was Anly to remove the burned-out structure. IND � ?7 % REGULAR MEETING OF OCTOBER 26, 198:, PAGE 3 Councilman Schneider stated he has talked to neighboring residents, since the time of the hearing, and doesn't want to be in the position of having the property rezoned and not have adequate parking. Councilwoman Moses-Martin stated if this proposed project for construction of an office building falls through and the property is rezoned to CR-1, someone could build a smaller structure and never have to come to the Council for approval, if they met all the codes. Councilman Schneider stated, even if the rezoning is tied to the removal of both structures, he didn't believe it would effect Mr. Burandt's dealings with the Housing and Redevelopment .Authority. Mr. Qureshi felt it would have no effect, if the Housing and Redevelopment Authority was going to acquire this piece of property. Mr. Burandt stated the Housing and 12edevelopment Authority is only acquiring one piece of property, the one for which he is asking for the rezoning. Mr. Boardman, City Ptanner, stated 1;he problem is that only one piece of property is in the tax increment district and i•F the funding doesn't go through for construction of this office building, the Housing and Redevelopment Authority will pull out of the project. Mr. Herrick, City Attorney, stated i�t would seem if the proposal for the Nybo office building goes through, t:hen it makes no difference on the rezoning issue. If it doesn't go tFirough, and the rezoning is approved, tl�� owner cauld ._ make application for any office building that would meet the area requirements of that particul.�r lot. He felt the question to be answered was if the Council would prefer to have the property rezoned even if it is a separate lot and there may be the possibility of a smaller office building, or to have it remain at its present zoning until they know definitely what wi11 happen with the proposed project. Mayor Nee felt if Mr. Burandt contrcls both parcels, it would seem to be in his best interests to make an agr�eement with the developer. Mr. Burandt stated he doesn't control Nybo's property per se, but has a contract for deed which states nothing can be removed from the property, without payment on the contract for deed. Mayor Nee asked which parcel of property the Housing and Redevelopment Authority is considering for purchase. Mr. Boardman, City Planner, stated it is the parcel where the existing burned-out structure is located and that Nybo's control the other parcel under a contract for deed. Mr. Her_r.ick felt the agreement could be wii� the developer for the office building to the effect that if the building project goes forward, the lot with the burned-out house would be rezoned and Nybo's would agree that both this structure and the other structure housing Farmers Insurance would be removed. He stated, at that point, �they would have to pay Mr. Burandt on the contract for deed. Mr. Herrick :stated he didn't see such an agreement as being an obstacle and felt they could go to their financial agency with such an agreement for the necessary financing. MOTION by Councilman Schneider to di!rect the administration to work out an agreement which insures that before �the property is rezoned, there are assurances that the office building proposed to be constructed will, in fact, be built and implies the removal of �the Farmers Insurance Building and removal of the burned-out structure; further., that the agreement insures the proper plantings, screening, signing and th�it the new construction is substantially the same as proposed to the Council. Seconded by Councilwoman Moses�Martin. Upon a voice vote, all voting aye, �layor Nee declared the motion carried unanimouslv, L'i � RE6ULAR MEETING OF OCTOBER 26, 1981 PAGE 4 Mr. Nordlund, representing the developer, stated normally you have an inducement resolution to induce the developer to go out and get plans and try to obta�r�: mortgage commitment from lending institution. He stated, with the mortgage comnitment, they will be able to do a11 the things required by the Council. He stated once they get the comnitment for financing, if the rezoning could be a timely and quick step, he could see no problems of having such an agreement. No action, therefore, was taken at this time on the second reading of the ordinance covering the rezoning. NEW BUSINESS• 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE^TO,AMEND THE_CITY !1F TlJ[ f TTV !1C CbTro rv ��rni��rcnTn nv ..e�.r.�.. . . i�10TIaY by Councilwoman Moses-Martin to waive the reading and approve the ordinance upon first reading, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dec1A red the motion carried unanimously. [� CONSIDERATIO�V OF FIRS7 READIN6 OF AN ORDINANCE TO VACATE STREE7S /l�ln Tn 11\AI"\111 nnnrun•.. .. n� ��... ...�.., _..__ _".. .._' '_ ____ �5 Councilman Schneider stated he did go out and look at this property and if a road were to be constructed at some future date, one garage would be very close to the right-of-way. He felt this wasn't a significant enough problem to proceed with the vacation and felt the City should retain the easement in the event there may be a need for it in the future. MOTIOP� by Councilman Schneider to deny vacation request, SAV #81-03, as filed by Burton H. Scherven for th e vacation of 66th Avenue between Pierce Street and Lucia Lane. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Jim Hill, Public Safety Director, stated at the Council's regular meeting on October 5, there was a request for a temporary on-sale beer license from a local businessman and it was recommended the license be denied as they didn't qualify for a license under the provisions of the State statute. Mr. Hill stated the ordinance before the Cauncil for first reading would permit a business to give away beer during a special event and would more clearly define what the term sale, sell, or sold is intended to mean and is consistant with the definition in the Minnesota State statute. Mr. Hill stated the new Subdivision 5, Section 602.02, explicitly provides for the exemption of the license while giving away free beer, but sti11 gives the City control over the possibility of giving free beer away which would create a public safety danger or infringe on the peace and tranquillity or violate the laws. • Mr. Herrick, City Attorney, stated he has no problem with the concept of the ordinance and would suggest a first reading, however, he may have some minor changes at the time of the second reading of the ordinance. MOTION by Councilman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vo tin� aye, Mayor Nee declared the motion carried unanimously. . �� REGULAR MEETING OF OCTOBER 26, 198:1 PA6E 5 6 ORDINANCE N0. 742 AN EMERGENCY ORDI:NANCE FOR THE CONTRACTING AND EXPENDITURE OF FUNDS FOR THE REPAIR OF WELL #3 IN THE CITY OF FRIDLEY: Mr. Mark Burch, Assistant Public Warks Director, stated Well No. 3 has been a poor well for the City and never produced, however, in the process of preparing the well for abandora����r�te�nd capping, it was determined that air jetting the well could possibly remove all the loose material and allow ;;he well to function propei;.y. � Mr. Burch stated sufficient quantit.ies of sand have been removed to realize the development of the well hole and the company doing the air jetting stated they have had some luck with this process. Mr. Burch stated it is requested that an emergency ordinance be passed to authorize the expenditure up to a maximum of $30,000 for further development of the well, rather than try to construct a new well at a cost of about $300,000. MOTION by Councilman Fitzpatrick to waive the first and second readings of this ordinance and adopt it and order publication. Seconded by Councilman Barnette, Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. � RECEIVING CHARTER COMMISSION MINUTES OF SEPTEMBER 1, 1981: MOTION by Councilman Barnette to receive the minutes of the Charter Comnission Meeting of September 1, 1981. Seconded by Cauncilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee decl•ared the motion carried unanimously. � RECEIVING CATV ADVISORY COMMISSION MINUTES OF OCTOBER 8, 1981: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of October 8, 1981. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, IMayor Nee declared the motion carried � unanimously. Mr. Burch stated this Thursday evening , October 29, the Cable Television Company will have their technical p�eople available to answer any questions from the Council. He stated if any of the Council members cannot be present they mdy submit their questions to �either him or Clyde Moravetz for presentation. Mr. Burch also stated this Saturday morning, October 31, at 9:00 a.m., Mr. Herbst, attorney for the Cable Commission, will be at the Anoka County Library to answer any questions from the Council. 9 CONSIDERATION OF REVISED COMPREHEYS[VE PLAN FOR SUBMITTAL TO THE METROPOLITAN COUNCIL: +1r. Boardman, City Planner, stated •the Metropolitan Council has put the City's Comprehensive Plan on hold which me�ins they are not reviewing it any more. He stated the City has to clarify cert�jin areas, mainly, land use to show where high and low densities would be loc�jted, and the parks and open space element. Mr. Boardman stated another area wa�s transportation to clarify 1990 volumes and the issue of sewer capacity. He stated staff had to re-evaluate the residential and industrial growth ti� give the Metropolitan Council a more realistic figure and this was done ��fter the census data was received. Mr. Boardman stated staff is now ready to submit the new projections to the s- Metropolitan Council. ,� Councilman Schneider felt on the land use they are right back to the problem that had been originally discussed, where they are, by submission of the map to the Metropolitan Council, rezoning property. ao� REGULAR MEETING OF OCTOBER 26, 1981 PAGE 6 Mr. Boardman stated rezoning of any properties isn't marked, except those in the redevelopment 4istricts. He stated those properties will be rezoned by action of the Housing Redevelopment Authority, when adequate proposals are submitted to the HRA. Mr.Boardman stated, in the redevelopment section, it has been stated that no rezoning will take place unless it goes through the action of the Housing and Redevelopment Authority. He further stated any other rezoning has to go to the Metropolitan Council for their review within a ten day period. Mr. Herrick, City Attorney, asked if a piece of property is presently zoned industrial, however, in the Comprehensive Plan, it is shown as residential, but there has been no rezoning by the Council, and the owner wanted the property for industrial development, what would happen. Mr. Boardman stated, if it is according to the plan, that would be an amendment to the Comprehensive Plan and would have to be submitted to the Metropolitan Council. He stated if the Comprei�cnsive Plan shows it as residential and it is presently industrial, and the owner requests a rezoning to residential, then this wouldn't have to be submitted to Lhe Metropolitan Council, as it is consistant with the Comprehensive Plan. Councilman Schneider asked what the City's position would be then if the Metropolitan Council tells them they can't approve a rezoning. Mr. Boardman stated they would have to give them a reason as far as the metropolitan significance. He stated what they probably would be looking for is how a development would affect the transportation system and how much traffic would be emptyin� on to a road system. He felt in 98% of the cases, the Metropolitan Council probably woutdn't have any feedback, and probably wouldn't say they couldn't rezone a property. Mr. Qureshi, City Manager, felt the only thing the Metropolitan Council would consider significant would be how a development affects the sewer capacity, as Fridley has a good transportation system. Councilman Schneider stated it seems to him, for all practical purpose, the map to be submitted to the Metropolitan Council, rezones the City of Fridley, and takes the control out of the Council's hands and puts it into the control of the Metropolitan Council. Mr. Boardman stated the only thing they are talking about rezoning is the redevelopment district. He stated the Comprehensive Plan is, in fact, the zoning for the City and if that zoning plan is art�nded, it has to be submitted to the Metropolitan Council for review. Mr. Boardman stated the only other alternative is not to show any zoning, but densiaie� in the redevelopment districts. He stated these modifications can be made in each of the redevelopment districts and try to sell this to the Metropolitan Council. Mdyor Nee felt this should be done if it isn't acceptable, perhaps the Council should meet with the Metropolitan Council. Councilman Schneider also felt it wasn't necessary to include the element of the parks and open space. Mr. Boardman stated this is required under the Land Planning Act. Councilman Schneider suspected this is not a requirement in the legislation, but a rule of the Metropolitan Council staff. 2�1 REGULAR MEETIN6 OF OCTOBER 26, :1981 PA6E 7 MOTION by Councilman FitzpatricM: to receive the revised Comprehensive Plan and for staff to bring it t�ack to the Council in two weeks with the revision of the map. Seconded t�y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 � LICENSES: MOTION by Councilwoman Moses-Martin to approve the licenses as submitted and as on file in the License Clerk's Office. Seco�ded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous�y � � CLAIMS: MOTION by OQUncilman Schneider to authorize p�yment of Claims No. 266602 through 298M73. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declar��d the motion carried unanimously, 1 2 ESTIMATES• MOTION by Councilman Barnette to approve the estimates as submitted. Halvorson Construction 4227 - 165th Avenue N.E. Wyoming, MN 55092 Partial Est. #7 - Miscellaneous concrete curb and slab construction $918.25 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 3 RESOLUTION N0. 122-1981 ESTABL_ISHING THE DATE FOR A PuBLIC HEaRrrir nN ING MOTION by Councilman Schneider to adopt Resolution No. 122-1981. Seconded by Councilman Fitzpatrick. Upon �i voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 Q_ RESOLUTION N0. 123-1981 CALLING F()R A PUBLIC HEARING MOTION by Councilman Schneider to adopt Resolution No. 123-1981, setting the public hearing for November 23, 1981. Seconded by Councilwoman Moses- Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1� RESOLUTION N0. 124-1981 CALLING FOR A PUBLIC HEARIN6 ON A PROPOSAL TO MOTION by Councilman Schneider to �adopt REsolution No. 124-1981, setting a public hearing for November 23, 1981. Seconded by Councilwoman Moses- Martin. Upon a voice vote, all vo�ting aye, M�y+.or �Jee declared the motion carried unanimously. 1� CONSIDERATION OF SETTING A PUBLIC 4�EARING ON THE ESTABLISHMENT OF A TAX INCREMENT DISTRICT IN THE NORTH ARE:A: MOTION by Councilwoman Moses-Martin to set the public hearing for November 23, 1981. Seconded by Councilman Barne�tte. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 282 REGULAR MEETING OF OCTOBER 26, 1981 PAGE 8 ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 26, 1981 adjourned at 9:05 p. m. Respectfully submitted, Carol Haddad Wi]]iam J. Nee Secy, to the City Council Mayor Approved; 0 � STATEMEN7 OF CAN_VASS GENERAL ELEC7ION NOVEMBER 3, 1981 DECLARATION OF RESULTS THEREOF In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 19l31 General Election to be as follows: A. The total number of ballots cas�t was: Ward 1- Precinct 1 78 Ward 1- Precinct 2 233 Ward 1- Precinct 3 107 Ward 3- Precinct 1 445 Ward 3- Precinct 2 1�� �� Ward 3- Precinct 3 31a ' TOTAL 1,342 1s342 B. The votes for each candidate, ar�d the number of overvotes, undervotes and write-in votes are as follows: COUNCIL.MEMBER - WARD I W-1 P-1 Ed Namernik 73 Overvotes 0 Undervotes 2 Stan Kowalski 1 Cheryl Moses Martin 1 Write-in Votes Bruce Peterson 1 W-1 P-2 228 0 4 Kay Neilson 1 W-1 P-3 100 0 3 Herb Egeness 3 Bill Weiss 1 TOTAL 78 233 107 TOTAL 401 0 9 0 418 1 PAGE 2 Ed Fitzpatrick Irene Maertens Overvotes Undervotes Write-in Votes GENERAL EtECTION NOVEMBER 3, 1981 COLINCILMEMBER - WARD III W-3 F'-1 W-3 P-2 W-3 P-3 20� 49 227 229 115 86 1 0 0 5 1 1 Janice Dean 1 0 0 70TAt 445 165 C. The following officers were ��eclared elected: COUNCILMEMBER WARQ I- ED HAMERNIK COUNCILMEMBER WARD III - f:D FITZPATRICK 0 314 ° TOTAL 485 430 1 7 1 924 lA � PAGE 3 1P GENERAL ELECTION NOVEMBER 3, 1981 D. The following is a true copy of the baliot used for Councilmember Ward I: ; _ -- . • • � � ��'�ItICi� �C���Ot ; CfTY 0� fRlDLET Anoka County, Minnesota General Election TU�SDAY, NOYEMBER 3,1981 � Put an ( X) opposite the name of each candidate you wish to vote for, in the square indicated by the arrow. COU:YCILMEMBER- WARDI (VOTE FOR ONE) ED HA�JIERNtK PAGE 4 GENERAI ELECTION NOVEMBER 3, 1981 E. The following is a true copy of the ballot used for Councilmember Ward III: �_= .: f F. � � '��i1�lq� ����Ot � CfTY OF FRIDLEY , Anoka County, Minnesota � General Election - TUESDAY, NOVEI��ER 3,1981 � Put an s: X> opposite the name o! each candidate you wish to vote for, in the square indicated by the arrow. COUNCILMEMBER - NWARD III (VOTE FOft ONE> IREN� MAERTENS ED FITZPATRICK 1C PAGE 5 GENERAL ELECTION NOVEMBER 3, 198] f. The names of the judges of the election are as fol]ows: , WARD 1- PRECINCT 1 WARO 1- PRECINCT 2- � Carolyn Holmen Doris Tallaksen Gay Gronlund Clifford Ness Majorie Rosin Camilla Mueller Sandra Goman WARD 1 - PRECINCT 3 Charlene Swanson Margaret Powell Alice Mol Rosalie Halling Mathilda Johnson Rosella Amar WARD 3 - PRECINCT 2 Judy Engebretson Nancy Strong Dona Mae Odland Dariene Vallin Velma Farr Jean Wagar Joyce McLellan Marlys Johnson Shirley Kohlan Mary E. Storley Mary Sullivan Evelyn Se7enski WARD 3�- PRECINCT 1 Betty Bonine Janet Kothman Betty Scott Roma Eastwood Myrtle Morphew Connie Samuelson Lavonne Avery Alice Anderson WARD 3 - PRECINCT 3 Gladys Syverson Bev Miller Laverne Roseth Jean Johnson Gemaine Wolsfeld Florence Gordon Betty Nelson 1D PAGE 6 HEALTH CARE FACILITIES Norma Rust �orothy Veres COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER GENERAL ELECTION NOVEMBER 3, 1981 � MAYOR - WILLIAM J. NEE lE � 2 NOTICE OF PUBLIC HEARING ON FINANCING INDUSTRIAL DFVELOPMENT PROJECT ON BEHALF OF LA MAUR INC. ' - NOTICE IS HEREBY GI'VEN that a public hearing shall be conducted by the City Council of the City of Fridley, Minnesota on an industrial development project proposed to be undertaken and financed pursuant to Minnesota Statutes, Chapter 474, by the City and LaMaur Inc., a Minnesota corporation (the "Company"). The hearinq will be held at the City Hall in said City on the 9th dav , Novemb�r_,,,T,. 1981, at 7:30 o'clock p.M. Tbe project as proposed consists generally c�f acquiring, constructinq, equipping and expanding of the Company"s existing manufacturing building. Under the proposal, up to approximately $3,000,000 in principal amount of Industrial Developrnent Revenue Bonds of the City of Fridley will be issued to finance the project. At said time and place the City Council shall give all parties who appear an opportunity to express their views with respect to the proposal to undertake and finance the project. A draft copy of the proposed Application to the Minnesota Commissioner of Securities for the project, together with a21 attachments and exhibits thereto, shall be available for public inspection, following publication of this notice, in the o£fice of the City Clerk, Monday through Friday, except legal holiday�s, from g: o'clock A.M. to �;�p o'clock P.M. to and including the ate of hearing. Dated iQcto�er� , 1961. Publish: October 21, 1981 BY ORDER OF THE CITY COUNCIL s Clty Clerk - Sidney C. Inman __�� . -�.- .��.__�� _.,-� .� �- �b-�;s_�°�-n, :.,..�.. .m= _. . .-.--: - �-.:� .-,:��.-. =.�-xA.��•�,-,�- -.,:.q.r — - �. . . .. .. ... .3., . � ,,.,...,. .---- y ..:...•,-,-,e: -._.... � :� • � K � � . -�... . . .' . .. ` . . . . TN@ C1TY OF .3 � DIRECTURATE o0 o: ' � Q P °�d o MEMORANDUM - PUBLIC WORKS � � - : - - � ' � •: FRlt�L{ Y .,.�� .. - - ---- - • ' � • 17�1�4i��[�TiFl�1i���"tC� Revised Comprehensive Plan The City of Fridley has been allowed an extension for submittal of the Revised Comprehensive Plan to the Metropolitan Council, until November 13, 1981. The Revised Comprehensive Plan submitted this week incorporates all of the concerns of the City Council and satisfies the requirements for tf�e Comprehensive Plan. � - Unless the Comprehensive P'lan is submitted on time, we will not be able to receive the additional planning funds. Recorrmend the City Council approve ihe Revised Comprehensive Plan for sub- mittal to the Metropolitan Council. JGF:ijk :: . :::�. ,;:.:; : iNFO• „,,,o POLICE DEPARTMENIIT `"� ��� '! `� � c�ty of F��diey ,..� ` �, �— Minnesota ! DATE l FROM I SUBJECT OCTOBER 21, 1981 J.P.HILL, PUBLIC SAFETY DIREC: PROPOSED AMENDMEPIT TO CHAPTER 602 OF THE FRTDLEY CITY CODE .. L*-r%y v ' � /�� r �.'� 0 � �. �� ?rf o�.� .9! IVIEMORANDUM � � TO NAST!�'I (?URESHI, CI'!'Y MGR. 4 INFO X Enclosed you will find the p:roposed amendment to Chapter 602 of the Fridlev City Code entitl��d "Beer Licensing”. As I had indicated to City Council at their reg�alar meeting of October 5, 1981, our current ordinance regulating beer in the City of Fridley did not permit a business to give away beer during a special event. In recommending that the temporary on-sale b�eer license be denied, I indicated a proposed amendment would be forthcoming to allow such an activity. � The proposed yamendment adds Subdivision 4 to Section 602.01 of the current ordinance. Section 4 simply more clearly defines what the term sale, sell, or sold is intended to mean and is consistant with the definition in Minnesota State Statute.. Under Section 602.02 Subdivision 1, minor deletions have been made to make it permissive to give beer away ��ithout a license. New Subdivision 5 under Section 602.02 explicitly provides for the exemption of the license while giving a�vay free beer. In addition, Subdivision 5 still gives the City control over the possibility of givina free beer away which �vould create a public safety danger or ir_`ringement of peace and tranquillity or violation of laws.� Our beer ordinance as curren.tly written, technically makes-it a violation for businesses within the ci.ty to even give away beer during open house ceremonies. Within a very n�arrow sense, it could even be construed as prohibiting home owners c►f giving away beer in their homes. Of course this is not the intent or spirit of the ordinance therefore it is my recommendation that Council act favorably upon the recommended amendment. JPH/sa , �,� � : ��- � � err a�nrrcE �n�c �� cF ��m� ci� co� F1ITITL� "BE�? LICF�iS7QTG" BY ADDING SECTION 602.01 � SL�DIV78IQN 4; At�IDdDING S�ECTIO�N 602.02, SUBDIV7SI�T 1; ADD]I� SECTI�i 602.02, SUBDII�LSION 5; A1�iDING SECTIQ�I 602.07, �DNISII�1 1 ►,� ►t M� � i M r • n � �,a. � �o � � � � � . 1� ! I s 1 l� \�' Y�' . �• '' : A.9 119Ed �Il ti]j+9 CY'�I8Y108� �9Ei'� Q' Ki�T!- �Yi'AX�C9�.I'g IIB�t. ZjQUOT'� II�3T�3 8T{j� �It 13QtY1t' XSth Ari 81�Od'1013C W71�ri� OP �lY'E �'k'iil QT�-half Of Ol'� �2Y'QEEtlt t7j► VQ7.tII� ffi� IIDt IDCY'2 �18Y1 �12'02 8Y1Q �.1J0-� p21`O�I'I� � iiP.�it• 2. TAVF�T: Means an esta� for the sale o�' beer, ei&�"s, �&'�''eites, all forms a�' tobaco�, beverag�es, and soft drir�ss s�ld at �retail for cpr�tion on the pr�i.9es. 3. II�TAIt�t�'&NT: As hex�ein used is d�fir�ed to ir�clude, but not be limited to, musie, �8� Pi�r ���8 eith� by the public ac per�'armex�, m�t�ion pict�es, expa�.i.tiac�, perf�s, imle cr female reviews, fashio�� shows, Tii other than regular public dzarmels, aarioe�ts, ar ar�► other deliberate act• intesxied to amu.9e cr entertain patrons ar�d/or employees. 4• ���+� �1L' �1.�L�. � all �"�� �Y'J�9� ilarn�s�,i ne r or rgn-intoxieating �lt linuor ir�cludinrz sueh iLu ;ah; in ��ti��?? or evasina�► of law . �� r �►� t�J. �r. � r+a� 602.021. Lioer�es. No pPxson, e�accept wholesalers and manufacturers t,o the extent anathar�zed by l.asa, shall deal in cr di.sPose o�' by �, sale �a" �df:l'i�r/1��, ar keep or �S'i'er fcr sale, a� be� withir� the c3ty Nithc�ut first having received a lioense as hem.ir�after Fravided. �ioen9es shall be o1' ti�ree kinds: (1) itegular °on-sale"; (2) Teln�orary "on-sale"i (3) "Off-sale". 602.0?2. R��lar "On-.'Sa�.e" Rq�lar "a�+s�.7.e" licen4es shall be �ted orrly to bor�a fide clubs, taverris, exclusive Ron-sale" liquar stor�es, r�esta�.u�ants, and hotels wd�xe foai is pre�ar�ed and served for oonsumpt,ion on the prenises. '�Or�sale" Iice.nses shall permit the sal.e of beer far o�nsumpt�ion an the p�ises only. 602.OZi. Tenporary "Orr+.Sale" T�porary Ran-sale" lioenses shall be g�ar�ted on�y to bor�a fide clubs and eharitable, religiaas, aM non-prai'it crganizata.or�s far the sale of beer for consumption on the Fra,ii.sPS on�y. Said tamperary Iioenses �a12 be g�anted up�n �.tt,en application to the eity oota�cil uFon farms �vided by the city. Zhe Frovisions of Chapter b02, Frid].ey City Cade, as applic�ible, srsall be obse,rved t�y said non-Frofit cr�nizat3ons. 602.02$. "Off�Sa].e" "Off-sale" lioen9es shall p�rmit the sale o�f" beer at retail, in the origir�al package far o�r�tion ofi' the premi.aes on]y. . f � 1+.. ].,<.c m. . . a+, - u• .!1! s� =' —" 4!: �Y� 1: • ! _�� �. • .�I►'z •r.�s:I.��'� •!!� � "�1 -� • � • .�..y�-'- • � a� �� - •.���� - -� • rt-, s •. �u, � - _ • .._�� J _��_ - _t��� ►! .� I_ -.!• _L_ �- -!., - ti • --r �i' - �-t���_ .1�� - �- . • _!�l�.' - • ��.- • �� •c- u aru� .i _l �".fl_c ! ! I' !_!: • ! ���:_J. • ��-.. l _I; ��_�_�, • _},- �_� I_�� ! • �. !�__1=- f' i � � i��. 1 Y�'' . �a ��:,. • a� �• �� ���ru ; - � �� �•�•••. � ��r `�C?�i � �.1D„�1M►� , 4A PaBe 2 — Or�dirrame No. _ =.Y!}'_ • �� Ss l�- _�' �� - �.!_G • I�Yl�ti=u-} • �-_ - :I• �L�l__ • �� _ �} • _ _ �� '• � -' ! !• • � -��-_�: • � -- •-- 4: y '-�►t�� • • '���...� �: • �i"" ."- ��� • r�- • - -� • -u. � • - �.���� .1• a• _!_� ! ��►� • � � �� �- • ��; �: - ? � - �: � _ • y� - ti�� • - - � _�� � - • iu � ' u, � • . 1� 1 I►� Q'' • 1: M11 '♦ �lreiy applicatio� for a lioer�se to sell bea• shall be m3de to the �ity Clerk on a fory� a�pplieci by the City ar�d ooritaird.r�g such 3i�d"armation as the Clerk or the City Camcii t�' recPiire• It s�hall be �mlawilil to malae ac�y false statc�ent in an application. . �► � ►�y �� • sa 60¢.W1. Pa�+me.r�t Requir+ed Ead� applicata.on fcr a lioer�se shall be acooa�anied by a r�e.ipt iY� �e city tr�ea.sur�r for pqymerrt in i1�1.1 o�f the required fee for the lioerme. All fees s�hall be paid into the gernxal i1.md of the 4.ty. UFon rejectic�a of any application for a license, the lreasur�er shall re,tl.u�d the ano�ait paid. 602.042. F�iratlon; Pro Rata FeeB k�r�xy lioer�se e�ept a t�npa�aiy lioen9e shall expire on the last dab► oP April of each year. Ead� licer�e exeept a t�pa"ary lioense shall be issued for� a pPx iod of orye y�r, e�ept that if a port,ion of the I�oerme year has elapsed �en the license is granted� the lioerme shatl be issued for the remain�der of the year for a pro rata fee. In c�omFx�tinB such fee, ar�pr Lu�expired f�action o.f a m�r�th sha].1 be c�mted as one month. A t�pa�ary lic�en9e shall be i.ss��ed for a specific perfod in �rhich a special event to whic� the sale is inGident is beirag held ar�d such peri.od shall be stated on the lioerne. 6�.043. Fees E\rery "or�sale" lioen9e shall imlude an"o�ffi�sale" lioense. E�h "on-sale" lioense Pee sizall jr�el.ude an"aff-sale" lioerzse at m adciitioral expense. D�e annaal arrl temporary lioer�se fees and init,ial investig�tion fee shall be as g�avided in Chapter 11 of this Code. . 1� 1 t" � 1 1 IM5 �" 602.051. 7nv�t1gat3:on and hearSs�g Zhe C�ty Cau�cil, ar its authcrized agerit, �Y;�all investigate all facts set out in the application. Opportumity �all be given to ar.p� pes�on to be heard for or against the - r�antir�g of the irri.tial '�or�-sale" lioerse. A,f`t�x sueh investig,ation ar�d hearing, where applic�ble, the Cau�cil shall g�aa�t cr rei1�e the applicataon in its di.ga^etio�c�. 602.052. �ar�sfers Ead� lioense �all be is.sued to the appifoant. only and shall not be another holder. Eaeh l:ic�en9e �all be isscaed on�y for the pranises app7ica�i�. No l�.oen9e shall be transferred to amther plaae without the Ca,�dl. .�• �. •�•.� � � i� � i: --�.• i�a �:,, No lioen9e shall be �anted to ar held by ard petsan r�i�o: 1. Is wxler 19 years of a�e; transferable to deseribed in the the approval of 2. Has, KS.thin five years �.ri,or to the appli�3ation fa� suc,h lioenee, bee�1 cyornicted oP a felor�►, or af violating ar�► l�arr of this state or local ordinance relating to the aanufact�u�e, sale, distribution, cr �ossession for sa].e m distxibution of intoxicat3ng liquars a• bePr, and carmot shaw oom�etent ev:Cderbeunder Minnesota Statutes, Section 364.03, o�f' sufficient r�iatailation azd present;fitr�ess to perf'orsn the duties oP a beer ].ioet�e; IM� Q'' ' t Mt1 � 1►� L ' - s �. �� � y •��� �•��� F�IHAT�I; PRO RATA FEL� - �:� H' 1 � �y l�. I y► 1 ' I/ �,)r ���L��_ %►71►��i'±� ��•,� � � ia i �: - �,• �a � 4B �e 3 — adi�noe xo. ._._. , . - - 3. Is a�n�i`aetia�er oi' beer ar� is �rner�es.ted in t3�e oontr�oi cd' a�► plaae w2�ere beer is man�f`�ctiu�ed; $. Is mt of �od m�aral �ac,�ter and repute; if the applicant has been an o�rr�er, marg8er', c�' employee of a saloon, intR1, r��ta�a�t, oafe, tavez�, ar other business of a ai.�laz� �ture, tl�e City Caa�cil a� �rr��ider the applic�ent�s Past Perfcrmar�oe rec�d ir� dete�nirri.�g �ether a lioense shall be � cr renewed. 5. Is a� d�u-irg the period of this licen:�e becomes the holder oP a federal retai# liquor dea7.er's special tax stamp for �e :aa.le of intoxicating liqu4r at aoy plaoe; u�less fl�ere has also bee� iss��ed to him a la�al lioen9e to sell into3dcattrg liqucr at siach p].aoe; ac' 6. Is mt the proprieta� o�' the estahlistm�xit Par r�fiich �e lioense is iasued. (Ref. 14) .,i± Ij � � M� I,ly _I 1:' ';�l; 1���� :+ � r:,. 1 Iy I 1' :� 602.O11. Di�ta►��fY+om,��m1� ard Qauri�es. F�;ept fbr those oruani�tions WhQ, tLVe DJSTANCE FAQ+I ,�ex�,�,ss�a ��y �?��es to sell mnintoxi�,tr,i'�g �mlt li��or u�rsuant � See ion SQ�OQS AI�ID �Q� m lioen9e .fiall be �anted fcar ar.�y place Within 300 feet of any public or C'�URQ�.S para�l sc�ool cr withtn 300 feet of ar� ch�arh. In app]ying this restriCtion, the di stanoe shall be m�s�ed in a strai�t line fY�om the s�hool cr chi.a�ch build3ng to the �in public entrarioe af the pramises de.9eribed in ti�e applioatfor�. (�f. 294) 6Q2.OT2. No lioer�se shall be �^a¢�ted far ope.ration on ar�' Fr�ises upon rrhich taxes or a�es�nts or o�er fl�ancial elaims of the City are de].ir�querit ard i,a�paid. . 1+ 1: •1 III 11 ��' 1�� l�: 602.081. Ger�al Condit�3o�ns Et�e�y lioense �al.l be �anted subject to the oorditior�s in the fa1la,�ing subdivisions and all o�er Fravisions of thi.s ordin2noe and of a� o1�er applicable crdir�ac�ce oP the City cr state laa. 6Q2.�2• S3�.� TO I�i1C]Of'3 �' 711t.07dCdtAd i�i"90i'B No beer shall be sold ar served to ar�► into:xicated person or to any person under 19 year's Of aBe. iRef. �17) 502.083. Cor�tion By Mim�s I3o mirrr shall be permitted to oons�.une beE�- an the lioen9ed pr�i�es. 6o2.08q. Et�tayme.nt o�' Mimrs No person tmder 19 shall be �played on the � o�f a tavern, except that persons i.u�der 19 �Y be emplayed as razsic3.ans, bu�boys ard Idtchen help. (Aef. 675) 6oe.0�5. G�blir�g No �nblis�g or ar�' 8�,b].ir�B devioe shall be pPxmitted on ar�► lioensed pr�i9es. 602.086. Ir�ter�est oP ar S�leSalera No m�nufact�.u� or wholesaier of beer shall have any awnership or interest in an �staW.iahment licensed to sell at retail oontrary to the provisions of Minnesota St,..*utes. Pb retail lieensee and ma�x�f`acbn^er cr �olesaler of bcer shall be parties to ar�► �aaclusive ptu�se oontract. No retall lioer�ee shall rern.ive at� bene,fits oor�irary to lax fYbm a manufaetureer or Wholesal�er oP beer and no such manufaetureer or kholesaler shal.l oonfer ar�r b�efits oontrary to l.aFt upon a retail lioe.�c�see. �� u u � � IMy l� � I�' : ��ii u� . ;,. i 11 �.•� 1 ' i u� � ��� • �+•�.. � •� ` ti r u �i •:•. �i�T�i' �r � n � •. . ,: � i �• y. � i •�a•� �• � : a•, � 4C Pa�e 4 — 4�clirptloe No. _, t�.o87. r.� nea�erts sr,a� No liaensee shall sell beer �fii].e holding or exhibiting in the Iicensed premises a federal retail liquor dealer•s special tax stamp inless he is lioer�sed �mder the la�s of l�ii�r�esota to sell irito�dc�at3rg ],i�quor�s. 6Q2.088. Sales of It�taodoat�g Li,cP,�oe' No lioer�see t�o is mt also liaet�ed to ae]1 into�daatir�g Ltquoa^ ar�d t,d� does mt hold $ upublie�zir3�cirg plaoe lioerme" shall se1.l or permit the oonsumption and display of i.rito�daetir�g Liqu�rs on the lioer�sed pr�i��es oc ser�ve ar�p► liquids for the purpose at �d.�dsg F►ith ir�toxieatirg liquor. �e Fr�:r�oe o�' �ntoxicatitg liquor�s on the pre�i.ses af such a lfoer�ee shall be prima facie evi.deme of poasession of into�dcating liqu�rs far the p�,�pose �' sale; and the servirg oi' ar�y ].iq�itd for� the purpose of mixing �►ith irito�dcatirg liquor is beirg permited to t�e oonsumed or displayed contrary to this a^di.r�anoe. 602.089. �P�� Ar�► Pclioe offioer cr health irBpecta� a�y enter, inspect ar�d seardi the pre�ises of a lioer�ee �u'iraB busir��.s ha.u^s Frlthout a search a¢�d seiz�me warrant and may seize all intoxicatirg L•Lquars ar�d other evidenoe of violatioris famd on the Iioer�sed pr�ises i.n violation of this crdir�noe. 6Q2.0810. Lioea�see ResporBibilitY j� shall be resp�nsible for the oonduct a�' �,� plaoe a2' business and sh all m�intai.n oonditions of sobriety and or�der. The act of any employee on the lioensed R'eni-qes autharized to sell cr sex•ve beer shall be deemed the aet of the licensee as wp11 and the lioer�see shall be liable to all penalties provided by this ordinance �t��Y r�ith the �aplc�yee. 602.09. Horn�s 602.0g1. Ct.(�II�1G Ho[l1iS No sale o�t' beer' shall be mad�e o�n ar� S1.u�y bet� the hours of 1: 00 a. m. and 12: 00 mon, mr between the ha,�s of 1:00 a. m. and 8: 00 p. m. on the da�y of any statewide election. No sale sha7.1 be made be� the hau�s of 1: 00 a. m. and 8: 00 p. m. on ar�r oth� day. (Ref. 501, 550, 602, 647) . 1► 1•� '�� • 1 1 1 •• 9 1���. It shall be �,u�1.�afL1 foc ar�r per�sons ar wstcmer�s, other than the lioerLSee cr i'L'fs/ their enplayees, to rc�,ain on the prenis�s after 1:30 a.m. � shall be no oonsumption by � P�'��, ���8 L'!!?� l.ioermg�s or al'Li� thelr �nplcyees, ai'tes� 1:30 a. m. 602.10. Q�SS No elub shall sell be� e�a;ept to mc�bers and to �uests in the oomp�ry a�' m�ers. 602.11. RHS'IRIGTICNS CN Pt1A(Xit�SE AND 0� 602.111. Age Mi.sre�ser�taticn %� i�IiQ"$ 5Y1�1 17Jt IIl�.Si'E'� �.�'12� �� t'Q' �'1@ pl�'p0.9B 0� Obt2l�Y�.� �'• ����2� �l:C,�.i� �'C$139@ NO j�T'90t1 Shall j.IldUO2 fl�Y1C[' t0 �'d139� i�' jY�OC�,IC`e �@['. �i.�.• � :I� : ,. :�. . i �� �� i• • � ���.:�.�JM�� � ►�y t��- •y.•��ri r4. � � •. '�zi Yi i � i �. '� :111 I � I1.`+5. M :♦ ��a. �• u � � •M .� i� �� �n �• i� H' 11� ' �+' ' y.�? 11_ � 1 11 M 1 i �1s��':_,_� 4D Pa�e 5 — Qdi�me No. _ 6Q2.113. Pcnaa�emeat No per�son oth� 1i�an the parent cr le�l ��rdi.an shall �roa��e bea� Pcr ar�► mdnar. 6Q2.11�. �bssesaioo � Misxrs shall mt hanre beer in yt,i� ,�j,Z p�os�essi� With 1i�e ir�t,ent to cbr��me it at a plaoe ath� than the ha�ehold of �d S�iC Par'�� a' �• - V�lfG�1�5r w'u°'YM+w�s No mimr� aha11 mngume beer on the lioe�ed pr�dse.s. 602.116. I��ar Cor�a�t,ian ard Dfspl�y No person st�ll cnr�ame cr disgla�y arq► ir�toxicaat�.ng l.i.quo� an the p�emiaes af a liaen9ee ia�less said lfoen9ee is also liaer�sed to sell i.�Ytoxicat.icg liquors or holds a"public ���B Plaoe lioen�e". .1� � ��' • 1 � lM� " .��� I'1:,1 No per�n operatirg an establishment in the �+usiness of selling, permitting to be di.sp].ab►ed or c�nsumed an irYtoxioating liquor c� non-intoxicating ma2t liquor shall permit ar�► entertairment on the pr�mLi�ses witrio�rt having secnu,ed a lioer�se ircm the City Ca.u�cil to petTait siach . 602.73. �OCATI� �e violation of ar�y pravision or oorYiition of this ordinanee by � beer licensee,q a� ni.� ,�he}� agents is grcx.md fcr revaat3on a� suspen�,ion of the lioer�e. Zhe license of ar�► pers�n Who holch a federal retail liquor deaZer's special tax stamp without a liaer�e to sell isrtoxicatirg ].i,quors at such plaoe �all be revaked without notice and Frithait t�ear3rg. 7r� all other ca.ses, e�ept r�e m�r�data�y r�vocat�on is provided by law withcx�t mtive and hearing and exeept Wl.�ere suspension may be made without a hear3r�g, the holder of the lioen9e shall be gr,3nted a hearing upon at least 10 d�ys mtioe before revocation ar suspension is ordex�ed. Zhe rr�tioe shatl state ihe time and plaoe af hearirg ar�d the mture of the eharges ag�sinst the lioer�ee. . �9�/•��:/�C��'�Rb� �sz�/,7,ii,�ti�i�xjii�id�i#�z/r�/�.,�,�'i�x�,�ri',�zrt�i�t�,� z�i�v���ix���r�it,�,ciia���z�i��i�xxn�rr�x�.�i��i �C�di�/!��/P'bXX��b�$!/////////////////////////i'/////////////////////// ��!///////////////�////////////////F.�//////////////////// 602//////////////////////kYi/S�.r�/////////0///�,100/Irbl ���t`,i6�'i/F�E PASSID AND ADOPT� BY TI� CT1Y O�F FRII7IEY 1i�5 AAY (F 1961 W�LL71�M J. I�E - MAYOR AT1f�T: SIDNEY C. llarlAN - �ITY (�tK F3rst Readis�g: October ?b, 1981 Seoord R�disg: Pub].i�i: �� 4 E P� ►1 ti '� I' I 1 u�•• •�rir u �� �r.• a ��• � � � It5 L" •��� i•�s� R�i10CA1'�1 Fn�m thc desk o! � NASiI�i QUREBHI CiTY D1A.TrTAGER'S UFFICE �TE: October 15, 1981;' 1B�lECT: Request by Fridley Firefighters Relief Association to Upgrade their Pension � � Benefits. �'d3-ra�G Cii� !� � t' �/ -1.—,�!/ u/, �• 5 �; +✓` � f --�-�-- t � � ��..� --^----- — r �t f . MEMQRANDUM SI_g � nman, TO _ ACT�Qt�� I�JFG � See the attached material suppli�ed by the Fridley Firefighters Relief Association requesting the pension benefit iincrease. Please give me an independent judgement that this increased benefit in n�� way in the future would put any burden on the City and that the revenue receiv�ed through the insurance premium allocation to the Relief Association will be suffi�cient to cover future liabilities of the associa- tion benefits. Thank you. :.-NMQ/ms Attachment - Original Copy October 19, 1981 T0: NASI�? M. QURESHI Attached is a memorandum from Mr. Charles McKusick, President of the relief association. I have been involve�d in the discussions over the two amendments from the beginning and I would like to make the following cormnents: 1. The increase to the base serv�ice pension benefit from $192 to $200. I concur with t�lr. McKusick tf�at according to the actuarial this will not cause the Fridley Fire Relief' Association to go into an unfunded liability position. Additionally, I ha�ve investigated and concur with Mr. McKusick that this is in keeping with Minnesota Statutes and the Fridley Fire Pension Association By-Laws. 2. A change in the benefit formula for those firefighters who exceed the twenty years. After reviewing the �dditional letters from the actuarial and after additional discussions with F1r..�lcKusick, I would concur. I also recommend this change as it does not place the pension association in an unfunded liability position. . If you have any questions, be sur•e to let me know. , SCI:sh Attachment � e , � . � FRIDLEY VOLUNTEIER FiREFIGHTER'S RELIEF ASSOCIATION 6�t31 University Avenue N.E. 1=�idley, Minnesota 55432 • t612) 571-3455 � � September 24, 1981 T0: Sid Inman FROM: Chuck McRusick RE: Council Resolution to R:itify Relief Association By-Law Changes Z would appreciate your assistance by providing me with the appropriate resolution format for the Cit:y Council's ratification of our two by-law amendments. I can then draft the resoluti:on which would recite that the by-law amendments were recommended f'or adoption by the Relief Association's Board of Trustees, duly adopred by the Association's membership, and fully funded as evidenced by the actuarial valuation dated May 18, 1981 of the Association's Special Fund. Ratification by the City Council is in accordance with Minnesota St�tutes 424A.02 and 69.773. I will review the draft resol.ution with you before submitting it to the City Manager. I am enclosing a draft of my letter to the City Manager describing the by-law amendments. I would appreciate your comments or suggested changes to the letter. Thank you for your continuing assietance. CM/el Enclosure 1 i' I � �'' - 5B FRIDLEY VOLUNTEER FIREFIGHTER'S RELIEF ASSOCIATION 6431 University Avenue N.E. Fridley, Minnesota 55432 - (6121571-3455 � October 13, 1981 Mr. Nasim Qureshi, City Manager City of �Fridley Fridley, Minnesota 55432 Dear Mr. Qureshi: City Council Ratification of Firefighters Reiief Asso�ciation By-Law Changes The membership of the Fridley Volunteer Firefighters Relief Association duly adopted two changes to its by-laws, at a special membership meeting on September 3, 1981. Minnesota Stat.utes 424A.02 Subdivision 9a which is applicable to post retirement bene�fit increases, and Chapter 69.773 Subdivision 6, which is applicable to by-law a�mendments affecting benefits payable from the Association's Special Fund, rFquire ratification of those amendments by the municipality's governing body. Accordingly, we respectfully request that this item be placed on the City Cc�uncil agenda. The two amendments are: 1. Increase the base service� monthly pension benefit from $192.00 to $200.00 effective January► 1, 1981 for all Association members who are disabled, deferred or ser•vice pensioners as of the date of the City Council's ratification of` this benefit change. The purpose of granting a ret:roactive benefit increase at this time was to avoid any 1981 unfunded SF►ecial Fund liability. As noted on page 3 of the attached Actuarial Valuai:ion dated May 18, 1981, our January 1, 1981 Special Fund assets of $734,�92 exceeded our accrued liability of $732,109 by the amount $2,283. That s�urplus together with a 1981 surplus support of $31,000 produces no unfuncied liability resulting from the benefit increase. We are pleased th�t we can again provide a pension benefit increase without any contribution by the City. Mr. Nasim Qureshi, City Manager � CM/el October 13, 1981 Page 2 2. The second amendment becomes effective January 1, 1982. It changes the benefit formula for members who have served the fire department for more than 20 years. For each year of service in exceSs of 20 years, the retiree will receive an additional one twentieth (1/20) of the base service pension. For example, a member who retires with 23 years service would receive at age 50: a. $200 per month b�ase service pension b. plus 1/20 times $200 or $10 for each year of service over 20 years. 3 additional service years times $10 per year equals $30. The retiree would receive a$230 monthly pension. In the past we had provided a fixed amount of $4.00 per month benefit increase for each year of service over 20 years. This new benefit formula will apply to all cur�rent and future retirees. Its intent is to recognize that each year of firefighting service has equal value to the City. Attachment Very truly yours, ������/.� Charles J. McK sick President 5C � � Mr. Charles MeKusiek President Fridley Firefighters Relief As�;ociation 6431 University Avenue Northea:�t Fridley, Minnesota 55432 Dear Chuck: iOWERS, PERRIN, FOR5iER & CR06BY 2850 MEiRO DRIVE MIN�APqJS, MiMVESOTA 55420 .- (b12) 85d-1155 September 29, 1981 We have received your letter d�ted September 2u, 1981 and have noted the proposed change in the post-20 year service eredit to "1t20th of the base pension." This is the assumpti.on we used to calculate the valuation results presented in our letter dated Hiay 18, 1981• The benefits shown on Attachmer.�t 1 of the letter refer only to the $9.60 benefit which was used for all years of' service up to a maximum of 30 years. These benefits were exhibited because: they were in effect on the valuation date. Nevertheless, when we calculate�d the contribution amounts shown on page 3 of our letter ($200 Base Service Pensi.on), we assumed a$10.00 benefit accrual for all years of service up to a maximu�m of 30 years. In conclusion, we wish to state� that the values shown on page 3 of our letter dated May 18, 1981 would accurately reflect the cost of the pension plan if the two By-Law ehanges presented in. your letter of September 24, 1981, were ratified. TJK/TdH:emc Sincerely yours, Thomas J. man, F.S.A. Consultant `•��_�� � ���.5�..___. Thomas J. Holm, A.S.A. ' Advanced Actuarial Analyst 5D :� FRIDLEY VOLUNTEER FIREFIGHTER'S RELIEF ASSOCIATION Towers, Perrin, 2850 Metro Drive Mpls, 1�'Il� 55420 6�431 University Avenue N.E. IFridiey, Minnesota 55432 i612) 571-3455 September 24, 1981 Forster � Crosby Attenticn: Thomas J. Aolm, ,A.S.A. Dear Mr. Solm: Actuarial Valuation dated May 18, 1981 This is in reference to our telephone conversation concerning subject actuarial valuation. I advised you that our association adopted two changes to its By-Laws: � 1. The monthly base se�rvice pension is increased from $192.00 to ' $200.00 effective Januarq 1, 1981. This adjustment is applicable to all current pensioners. 2. The post 20 year se:rvice credit is changed from the current fixed $4.00 per year of post 20 ye,3Y service, to "1/20th of the base service pension". This benefit becomes effective January l, 1982 and is also applicable to all pensioners. This change has no retroactive application. On page 4 of subject valuati��n, you used the post 20 year service credit of $9.60. In view of the $2�0 per month base service pension, the post 20 year service credit will be $10.00 per month. Accordingly, it will be necessary for us to have a letter from you supplementing your May 18, 1981 report advising af the effecx of the fortq cent difference as to our annual support requirements :3nd any 1981 unfunded liability. Your letter will be attached to your May report and submitted to our City Council at the time that we request rat.Lfication by the Council of the two By-Law amendments. CJM/el � Very truly yours, G�L��� . `� �,��!-�I� Charles J. McK sick Presideat 5E 0 0 Mr. Charles McKusiek President Fridley Firefighters Relief Association � 6431 University Avenue Northeast Fridley, Minnesota 55432 Dear Chuck: iOWERS, PERRIN, FORSTER & t�tOSBY 2ESG M.:� DR' T MIttJ�EAPDUS, MI'�r�eSGT,4 55C2C �_ (612j 8�-�"55 May 18, 1981 We have completed the January 1, 1981 Actuarial Valuation of the benefits pro- vided by the Fridley Volunteer Firefighters Relief Association. The valuation results presented below are based on the plan provisions outlined in ATTACHMENT I and the actuarial assumptions in ATTACHMENT II to this letter. As we indicated to you on the phone, �we have also shown the normal cost, actuarial or accrued liability and minimum r�equired contribution for each increase of �1 in the base service pension. This should help you to determine the amount of benefit ]evel increases in 1g82 wi�thout undertaking an actuarial valuation of the plan. 1. Number of Members Active Retired Disabled Deferred Vested Total 2. Normal Cost - Service retirement and post-retirement survi.vors' benefits - Pre-retirement surviv�ors' benefits - Permanent disability benefits - Temporary disability henefits 32 11 1 1 �5 Current Benefit Level #18,599 3,373 1,152 1,089 �2u,213 Each Increase of �1 per month� in Base Service Pension � 97 18 6 NtA �121 5F TOWERS, !'ERRIN. FORSiER !� CR06EY � �EiTERTO Mr. Charles MeKusick s►�r rvo TWo Dah May 18, 1981 3. Actuarial or Accrued Liab.ility - Actives � - Service retirement and post-retirement survivors' benefits - Pre-retirement survi.vors' benefits - Permanent disabilit,y benefits - Temporary disabilit;y benefits 4. 5• 6. 7• 8. 9• Total Aetuarial or Accrued Liability - Inaciives - Retired and disabl�:d members - Deferred vested men�bers Total Total Actuarial or Aecr»ed Liability (3) + (4) Actuarial Value of Assets Unfunded Liability or (Surplus) Minimum Required Contri.bution (chapter 201 of Minnesota Statutes) - Normal Cost - Amortization of Ut�funded Liability Total 1980 Level of Support �317,010 6,942 6,3�7 5,445 �335,704 �367,3b5 2g,Oko �396,40� �732,109 73��392 (2,283) � 24,213 0 $ 2��213 � 55,6�10 � assumes no increase in tempor�ary disability benefit ;1,651 36 33 N/A ���720 ��,9�3 151 �2,064 #3,784 N/A N/A 121 289 � 410 5G YOWERS. PEQRiN. FORSTER d CR06lY LETTERTO Mr. Charles McKusick S�Et rvo Three a4h May 18, 1g61 The surplus of �2�283 (excess hf assets over aetuarial or accrued �iability) does not leave much room for bFnefit improvement� While avoiding an-unfunded liatiility as of January 1, 1981. However, your 1980 level of support of �55,640 is gpproxi.mately �31,000 above the 1981 required eontribution. This 331,000 eould justify an increase in ti�e base service pension to �200 per month for active and inactive members, si.nce the increase in both the normal eost and actuarial or accrued liability (due to this benefit inerease) fs approximately �31,000 as shown below. Theref'ore� the unfunded liability would be eliminated in 1981. 1. Normal Cost 2. Actuarial or Accrued L,iability - Actives - Inactives - Total 3• 4. 5• Actuarial Yalue of Ass.ets Unfunded Liability t2) - (3) Normal Cost Unfunded Liability Total 6. 1980 Level of 5upport �200 Base Service Pension• � 25,181 3u9,46u 412 917 7� 73��392 27,989 25,181 27�969 53�170 55,640 • assumes no increase in temparary disability benefit The maximum amount of inerease in the base service pension (and all other bene- fits except temporary disability) is a 41x increase to $270 per month. The mini.mum required contribution (as required by the Minnesota Statutes) is $56,032• This compares with a 1980 level of support of �55,b�0. The normal cost, acerued or actuarial lia�ility and the unfunded liability for this benefit level are shown below: 1. Normal Cost 2. Actuarial or Accrued Liability - Actives - Inactives - Total � 33,b51 469�864 557 397 1,027r� 5H t0'WERS. PERRIN. FORSTER t CR06�1f , �aTO Mr• Charles MeKusick s�r nio Four cwh May 18, 1961 3. �!. 5. 6. Actuarial Value of Assets Unfunded Liability Minimum Required Contributi.on - Normal Cost - Amortization of Unfunded Liability in 20 Years - Total 1980 Level of Support 73u�392 � 292,869 33,b51 22, 3g� � 56,032 55,640 � You Will notice in ATTACi�1ENT I tha.t we assumed that the benefit credit after 20 years of service is �9•60, instead of �4.00. We had agreeded to this change in our last conversation. We certify that the valuation resu��ts are correct and calculated in aecordance with the requirements of Chapter 2A1 of the Minnesota Statutes. Please call us if you have any questions. Best regards, � , �� ����� LS , Thomas J. Kuh�rman, F.S.A. Consultant �� � Thomas J. Holm, A.S.A. Advanced Actuarial Analyst TJK/TJH:cmf Attaehments 5I ATTACHMENT I As of January 1, 1981� the Plan. provided the follaaing major benefits: _ 1. =Retirement Benefit: �" a. Requirements for retirement: 50 years of age 20 years of service Benefit is �192 per month after requirements are met b. Additfanal monthly annuity after minimum requirements are met: g.60 per year of ,service in excess of 20 (Maximum benefit �2$8.00) 2. Permanent Disability Benefit_ a. Requirements (years of service and age3: (1) In line of duty: None for bot2� full-time and volunteer members. (2) Not in line of dur.y: 10 years of �ervice. b. Benefit: (1) In line of duty: � 1 g2 per mont;h. (2) Not in line of dut:y: $103.68 plus �8.83 for each year of service in excess of 70, deferred to a�ge 50. {Maximum henE�fit �192) 3. Temporary Disability Benefit.: Requirement: Benefit: Requirement: Benefit: In line of duty. After 20 days, 2-1J2 units, maximum 30 weeks, may be extended by 2/3 vote of Board Not in line of duty. 2-1/2 units, maximum 30 weeks. As of January 1, 1981, the unit value is �3.00 4. Earlv Retirement Benefit: a. Requirements for retirement: Between 10 and 20 years of service. If not attained age 50, benefit is deferred to age 50. b. Benefit: Lump Sum equal to �Ox base service pension x 12, per year of ser- vice. 5J 0 , . ' SK . ATTAC.HMENT I (Continued) 5. Survivors' Benefit for Spou�:e (Monthly Annuity) a. Before retirement of ine:mber: - (1) In line of duty: =- £� �103•68 to �12u.80 per month. _ _ (2) Not in line of dut.y: �103•68 to �124.80 per month provided deceased member had at ' least 10 year�s of service. b. After retirement of inember: �103•b$ to 312�•80 per month. 6. Survivors' Benefit for Chilclren (Monthly Annuity): a. Before retirement of ine�mber: ��12.24 per mc►nth payable until age 18. b. After retirement of ineniber: Same. 7. Inactives' Benefits: Same as level for acti��e members. � AT�ACHMENT II ACTUARIAL AS.3UMPTIONS AND METHODS AS RECOT�NDED IN THE 1979 EXPERIENCE STUDY Mor�ality: Investment Rate: Withdrawal: Permanent Disability: Temporary Disability: Retirement Age: Asset Basis: � 1g?i Group Annuity Mortalitg-Table 5x A rate of withdrawal of 7x from age 20 to 30 decreasing uniformly to 0 at age 45 with no withdrawal after that age. Rates of permanent disability Were adopted from experience of the New York State Employees' Retirement System, gra- duated and extrapolated as reQuired for this valuation. Rates of recovery and mortality for disabled lives Were taken from tables used by the Pension Benefit Guaranty Corporation (PBGC) based on Social Security disability experience. 19�7-�9 Basic Morbidty Table The assumed age at retirement is the later of age 55 or the age when 20 years of service is achieved. (Average age at retirement has been approximately age 57) Value reported by state auditor. Cost Method: Entry Age Norma2 5L RESOLUTIQN N0. 1981 RESOLUTION IN OPPOS:[TION TO INTERNAL REVENUE SERVICE - - REVENUE RULING 81-5i3 -- :-- WNEREAS, The Internal Revenue Service has issued Revenue Ruling 81-58 that appears to remove the exE�mption on earnings of police and fire relief associations from fede�°al taxation, and WHEREAS, the effect of this ruling could result in the more doubling of the cities annual contribui:ion to the police and fire pensions funds, and WHEREAS, the effect of this ruling results in double taxation and a tremendous burdon on all taxpayers in the City of Fridley. NOW, THEREFORE, BE IT RESOLVE[), that the City Council of the City of Fridley urges its United States Senators, Boschwitz and Durenberger, and Representative Martin Sabo to work closely with our police and fire relief associations to obtain an extension of the effective date of Revenue Ruling 81-58 by one ye�ar, and BE IT FURTHER RESOLVED, that i:he City Council of the City of Fridley supports the immediate passage of legislation correcting the exemption problem by creating an exempt;ion similiar to the exemption teachers have under I.R.C. 501(C)(11), makir�g it retroactive if necessary. PASSED AND ADOPTED BY THE CITIf COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � , 1981. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - SIDNEY C. INMAN 5ti ........, __...�. . _ . . �. . . . . . . „ . . . _ .. - - • . 50 ' .� . Minne;>ota Police Pension Council 1616 HUMBOLDT . - WES1'. !iT. PAUL, MINNESOTA SS11S ►;i:��[rH 4'� K�I:u rKrswr.� � �10KT1' i)!?HN cu r rkt urn.�i t'HUCK A\1DE.RtiOn �I t'Mh 1�R1 , llcl A\L:RI R Dear Member: :- October 27, 1981 � The joint Police F, Fire 7'ax Exempt Committee is currently engaged in taking the necessary measures to prevent IRS Ruling S1-SS from being effec:tive 1-1-82. You help is solicited in your association asking your City Council to pass the attached suggested resolution with your Council forwarding the passed resolution to their respective Congressional Representatives as soon as possible. Thanks much in these important matters of mutual concern. Chuck Anderson yl�*1i3ER OF NAT1UtiAL CONFEiRENCE UN PUBLiC EMYLUI'LE RL'I IK��IENT 51'S7E'�-1S PRO(3LEi4 � ._. ._ _..� Fire Relief Associations have apparently lost their exemption �rom federal income tax under section 501 (c)(4) of the Internal Revenue iode. The Internal Revenue in R�v. Ruling 51-58. has held tt�at �onprofit police officer associations, whi�:h are primarily enyaged in providing retirement benefits to members and death benefits to the beneficiaries of members do not qualify for exemption fron federal income tax under I.R.C. code section ,O1(c)(4). Since full time and Volunteer Fire Relief Associations are organized similiar to Police Relief Associations and have been previnsly exempt from federa] taxation under the same code section� Rev. Ruling u1-53 would appear to apply Co them as �rell. 7he tax consequentes of this ruling on our re7ief association, if it is upheld, are staggering. The tax rate on earnings run as high as SOX. Th�e annual more than double in order to re�lace the and co�tributions. 7he city is required that meets the normal cost and �imortizes during the next 30 years. HISTORY corporate excess retained contribution by the city could taxed eernings on invest+nPn:s to provide a level of f undinc any exisiing actua�';al deficits Poiice and Fire Relief Associat�ions throughouL i��innesota were placed under the 501(c)(4) exemption b.� the I.R.S. during the last tt•,enty ye�►-s. The problem appears to lie in the f act that 501(cj(4j does no� ur+ its face describe Police and Fire RNlief Associations. 7he I,R.S. I�as bepn challenged by other groups, sucln as civil riyhts urgani2ations, +:i�o�r hav2 been denied-exemption unde�r 501(c);4). As a result thc I.�:.S. has reevaluated existing Exe��pted groups. Ti�e 1.R.S. has forrnally notified the Crookston, t•tinnesota Police Relier Association and at least one other Relief Association that as � result cf Rev. Ruling 81-58, they will no longer qualify as being exemrt �rom fpderoi tax under 501(E)(4). Two Relief Associations within !-iinnpsota ha��e recievEu private legai opinions that they are covered Ly �ev. Ruling 81-5u. Th�SE associations have by-la��s and c�perate s�miliar to most Po]ice and Fire ke�icr Associations throughout the State of ;�1i»n�sota. The in�act will ther�fort be felt throughout the entire S,tate SOLUT l OtLS Dealing with the I.R.S is never• easy �nd us�ally time cor,sur.�ing. Our time table for action is short„ since quarterly rstimates r1i11 be duc� on April 1. 1982. An appeal st�ould be fiied with the Commissioner ;,f the I.R.S.. Legal action shou'Id be pursued in Gistrict co�rt as opaosed to taX'court. 7his wouid requ�ire the payr►ent o` the cortested taxes but would preserve the right to apueal. 5P 'fhe most appropriate solution would appear to be the addition of an exemption for Police and Fire Relief Associations similiar to the exemption that exists for Teachers Retir�ement Fund Associations located at I.R.C.501(c){11). This would require federal legislation. A c�ordinated ef�ort betv,een thp Relief Associations, City Staff and the Council wi11 be needed to acco,:,�iish this. I• `� •.�-o-.y-'c.,.; :%fi �':�.:� ,..; .s:,,.. _ �,t"Yr:.?"'""'� �..'.. �."'Tt':.. `T':�' 't..�-'..: j . _ _ .. ... .. . .' -. i� . � . . . . .. . . . . ; , � ITME CITY Oi � pIRECTORATE � � �F PUBLIC WpR�CS � ii t FR1o�e�r DATE ` ` � NC FROM D.P.W. SUBJECT Brott]und Estates Property Approval 6 _.� 00 � 00 MEMORANOUM �_ TO ACTIONI INFO• The Brottlund lst Addition Plat was approved by the City Council on January 23, 1978 with two stipulations: that there be an additionai ten foot easement dedicated along East River Road; and the park fee of $600 be received. Mr. Brottlund was not able to record the plat and on h9ay 21, 1979, the City Council re-approved the final plat with the same stipuiations. Since that time, Mr. Brottlund has now been able to obtain the necessary documents to record the plat and is requesting approva] by the City Council in accordance with o�r City Code No. 211. We have not received the plat: indicating the ten foot snow storage easement along East River Road, nor the park fee. In 1981, residential plats require a$1,000 park fee per iot. Accordingly, the City Council shouid determine the amount c�f the park fee to be obtained with the final approva] of the plat. JGF:ijk � � :� ���� '� /��\ . . � ���/ ,` . .. `��� ; • , •• � � City of Fridley City Hall b431 University Ave. NE Frfdley, Minnesota City Council: REALTY WORLD�—Cadwallader 3901 Silver Lake Road, St. Anthony, Minnesota 55421 Telephone: {612) 781-T484 - October 19, 1981 re: Property located at 6431 and 6433 East River Road "Brottlund Estates" I am reguesting the reapproval of the platting of the attached property. The reason for the need for the council's reapproval is the following: After the council's iinitital approval; approximately two years aga, the platting was submitted to the co�ty for their approval. The �county requested at that time that discrepancies in the :Legal description be cleared up. To complete their requirements I have had to to the following: - Complete a "Qu:iet Title" action � -=��o through 2 Torrence Proceedings - Placing of jud:tcial land marks required by torrence action. I am requesting approval uncier the same terms and conditions as made when the plat was origional:Ly approved, because the city has split the property for taxation s:tnce 1980 payable taxes. Thank-you. Best Rega , � J.A. dwallader III JAC:crc Enclosure � 'i4 WORLD ot Difference'� Each Offlce intlependently owned and operated �o-a� 6 �i � —�� � r— C�T: M�.IR1�L�. � � \��: •�:,;�'r,: �- • � ` � ; :�'' ;"�:,:' ;;�*� � _ _ ..._ � ,� ..`,1 - � ' 1 ...r �,.a.ie.'�i�nd;,i�'�m; 3 � .�.� ��� . � `I � :� _.' . I ��-;}�� — •`.�� � re�awmr� . 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'� � i � 32"W o, �; •' .. 51, � 9 � .:. 5 : �, ;: . �� � . ` �'''�` � -1� `�.;�,. �r � • tp 1 � ..• � o - o � � . ..�. �N� _ �N � .... ':•:. , �r � �`° ' . �•, . -. ... s: _:. . .. /� � 2 ' �88�83_-,�"v►� ,� .. - . - •:: � ! YJ (O L• • � O .. . � � .� ; c..y. ' i ..... � ! t , , , � ;.. . . � � � . , _ � � �1- L ? JO , � • ,ti''cl ° 3 q �.�(' �YV ' . � TME CITY OF 7 � 1 DIRECTORATE ao � - p F °o o° MEMORANDUM PU�LlC WORKS � � = _ _`.'_" - FRIC�L Y DATE November 3. 1981 FROM �D.P.W. John G Flora, Publir W�rkc TO ACTION INFO• SUBJECT Joint Cooperative Agreement with Anoka County--CDBG 1982 Anoka County has been design��ted an urban county for 1982 and is there- fore eligibie for Corrdnunity IJevelopment B7ock Grant Funds. In order for the County to receive these monies, all cities and municipalities within the County must agree with t'he County administering these funds. Last year, we executed the Joint Coop Agreemenfi and received $280,000 in CDBG funds. Recommend the City Council authorize the Joint Cooperative Agreement with Anoka County for the CDBG 1982 Program. JGF:ijk 0 ro�� C�Uhr P F <► ~�NNE50 lA Ca U N TY OF ANOKA � Office of �he Countr Board ojCommrssioners COURTMOUSE ANOKA, MINNESOTA 55303 612-421-4760 October 29, 1981 The lionorable William J. Nee Mayor, City of fridiey 219 Logan Parkway N.E. Fridley, Minnesota 55432 Dear hiayor Nee: I am writin� to reouest that you give irr,iediate attention to the attached Joint Cooneraiion Agreement v►�hich pertains to the County's d�signation as an "Urban County" under the Commun9ty Development Block Grant Prooram. According to NUD guidelines, it is im�+erative that Anoka County receive a copy of the Joint Cooperatlon Acreement prior to �yove��er 13, 1981. 6ecause of special legislation, Rnoka County aa,ain has the ot?portunity to parti ci pate i n the Cor��r�un i ty Gev21 oGr�ent B1 ock �rant Progran on behalf of all of its municipzlities and to���r►ships for fiscal year i982. It is anticinated that this progra�� Ylould mean anproximately Q2 million of ne►v Federal r�oney i n AnoN,a Caunty. Nineteen cor-�unities elected to subr�it proiect activities ta Anoka County in the fiscal 1981 Anoka County Conr�unity Dev�lop�nent Block Grant Program. The entire Count.y has benefited by the funding of the 26 cor�nunity projects and the� County-wide housing rehabilitation effort. The attached agreement rep�resents only the enabling st�p for the County's a�plicatiort. Througi� the activities of the Tech��ica] Advisory Ccr���ittee and the assistance of Coun�ty staff, the cities an� tc���nshias vrfll dev2lop their projects to be submitted to the County Board for review and approval. The County Board is please�d to have had the o�p�rtunity to parttcipate with the cities and to�,��nsh�ips in the Co�nunity �evelonment Block rrant Program for fiscal year 19�81 and looks forward to continued cooperation in the 1982 Program. Affirmative A�:tion / Equal Opportunity Employer October 29, 1981 Page Two. Again, let me remind you 1:hat this agreement must be signed pxior to November 13, 19�1 by all i:he municipalities and townships in Anoka = County 1n order for us to participate in the program. If you should have any questions at all with regard to the passage of this Jo1nt Cooperation Agreement, pl�ase do not hesitate to contact me. With personal regards, I am, TY:sm Enclosure cc: Nasim Qureshi " ' Sincerely, Tim Yantos Administrative Assistant �� .� • JOINT COOPERATION AGREEMENT 7 C THIS AGREEMENT made and entered into by and between the COUNTY OF ANOICA, State of Minnesotn, hereinafter referred to and the CITY/TO�N �F ' 3E �COUNTY�i • hereinnfter referred to as "MLINZCIPALITY"r said parties to - this Agreea�ent each beinq governmental units of Ehe State of Minnesota, and is made pursuant to Minnesota Statutes, ; Sectioa 471..59. W I T N E S S E T 8: " {aIiEREt►S, Title I of the Housing and Community development Act of 1974, as amended, provides for a program of community development: block grants; �d. WHERE�,S, P+aoka County, Minnesota qualifies under said law as an "urban county" eligible to receive community developmen* block grant funds; and, WHEgEp,.S, the County's population, among other factors, is a detenninant of the eligibility of the County and the amount of :cesources which may be made available to the County to �undertake activities under the afore-referenced law; and. W��,�S, gart 570, Chaptez V of Title 24 of the Code of� Federal regulations sets forth regulations governing the applicability and use of funds under Title I; and, WHEREAS, Section 570.105. titled "qualifications as urban county." provides that computation of the County's population may include pezsons residinq in "unincorporated areas" and ia "its included parts of general local government with which. it has entered into cooperative agreements to ' undertake or to assist in the undertaking of essential activities� pursuant to community development block�grants;" and, WHERE:AS, it is in the intezest of the City/Town of Fridley to have its population counted tngether with other municipalities of Anoka CountY who similarly agree; 7D • • NpW, THE1tE:FORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually aqree to the following terms and conditions. I. DEFINITIONS For the p�lrpoees of this Aqreement, the tezzas defined - in this sectio�z have the meanings given to them:- �� A. ��e Act" means the Housing and CommnnitY D°�'elopment Act of 1974, Title I, of Public Law 93-383, as amende. USC 5301 et seg_) • � g. "Rec�ulations" means the rules and regulatioas promulgated pursuant to the Act, including but not limited to 24 CFR Parr 570. C, "HLJ1D" means the United States Department of Housing and Urban Development- D, "Coopezating Community" means any city or -- '= p,noka County which has entered into a cooperation agreemen: which is ider►ticnl to this Agreement. � The regulationa contained in 42 USC 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. II, pURPOSE Municip�ality and County have determined that it is desirable ar►d in the interests of its citizens that the County quali�fies as an urban county within the provisions of the Act. Tliis Agreement contemplates that identical agreements will be exe�cuted between the County and other cities and towns in Anoka County and such numbers will enable the County to so qualify under the Act. , The purpose of this Agreement is to authorize the County to c:ooperate with the Municipality in undertaking, o= assist in undertaking, essential community renewal and lower income hou:sing assistance activities, specifically urban renewal and publicly assisted housing pursuant to community development block grants as �uthorized in the Act and the Regulation,s. -2- 7E ' III. TERM OF AGREEMENT The term of this Agreement is for a period commencing on the effective day of October 1, 1961, and terminating no sooner than the: end of the third program year covered by the application foi: the basic grar►t amount approved subsequent to the effe�tive date. This Agreement is extended auto- �, matically for Nach subsequent three-year program period unless written notice of termination to be effective at the end of the current thzee year program Pe=iod is given by Municipality to County followinq the same schedule as the _i "opt out" noti.fication requirements as established by HUD. The County shxll provide written notification to Munici- pality of Mun��cipality's right to "opt out" and terminate this Agreemeni� at least thirty t30) days prior to the "opt out" date. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during w�hich IiUD withdraws its designation of Anoka County as an Urban County under the Act. This Ag�:eement shall be executed by the appropriate officers of Municipality and County pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the Municipality in the office of the Anoka County Administrator, and in no event shall the Agreement be: filed later than October 31, 1981. Iy, METHOD The Municipality and County hereby agree that they will coopezate t�� undertake or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropziate reviewing a�gencies, all necessary applications for a basic grant amount under the Act. In making the application, the -3- 7F �. � Couaty sha11 address the goals and needs of County as developed in meeting� between the Municipnlity, its citizens and the County, and al�o addressing the Act and other relevant Minnesota �sad/oz Federal statutes or regulations. The parties ag:cee to cooperate fully in establishing_priorities and in prel?aration of the application for a basic grant � amount. Mu�nicipality and County agree that the County shall � establish +d reasonable time schedule for the development of , the grant ,spplication. It is anticipate8 by the parties that the party ultimately i,mplementi�nq a project funded by monies received from the grant may lbe either the Municipality or the County. The determinat:ion of which party will implement the project will be made by the parties after consideration of the nature and scope of t:he project, and the ability of each party to undertake �the project. thouqh it is understood by the Municipality that the C��unty shall have #inal responsibility for selecting projects a:nd filinq annual grant requests. The County is hereby aut:horized to distribute to the Municipality such funds as a.re determined appropriate for the Municipality to use in implementinq a project and the County is hereby authorized to undertake projects within the Municipality as are determined appropriate for the County to undertake. Contracts let and purchases made pursuant to a project under this Agree:ment shall conform to the requirements applicable to the entity ur�dertaking the project. V. SPECIAI, PROVISIONS 13othi:ng in this Agreement shall be construed to prevent or otherwise modify or abroqate the ri9ht of Municipality�or County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the act. Municipality and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses o.r damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the -4- . , � gbrogate County's responsibility to assume all obligations of an applic:ant under the Act, including the development of applicationr� pursuant to 24 CFR 570.300 et se . All prc>qram income from activities funded ia total or part from tiie basic grant amouat received by Municipality shall be he:ld by County in a non-interest bearing account designated :Eor Municipality. IN WITJNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf thia day of . 1981. Upon proper execution this agreement w�ill be leqally valid and t�indinq. 7G COUNTY OF ANOKA, STATE OF MINNESOTA By: .. Chairman o its County Board Assistant C;ounty Attorney �d• ,..... Date: County Administrator APPROVED A'a TO EXECUTION: CITY/TOWN OF FRIDLEY: Assistant County Attorney Date: CITY MUST CHECR ONE: The City is organized pursuant t.o: Plan A Pl.an B Chartere'� � By : . WILLIAM J. NEE Its : Ma or -6- And: , QURESHI Its : Ci ty �4anager 0 � TME CITV OF FRIt�L . Y IDATE FROM "D.P,W. SUBJECT DlRECTORATE OF puB��c woR�cs � � Change Order No. 1 Water & Sewer Project No. 134 .. .�. . • l� J M EMO R A N D UM The Fire Department identi•Fied a section of East University Service Drive between 57? Avenue and 60th Avenue, which did not have a fire hydrant to service this corrmercial area. We are able ta amend our existing Water and Sewer P�^oject No. 134 to extend a water line and install a fire hydrant on East University Service Drive midway be- tween 572 and 60th Avenues,. This work is estimated at $4,500. _� ACTIONI iNFO• Since this improvement wil'� provide better fire protection to this com- mercial area, recommend the City Council approve Change Order No. 1 to Water and Sewer Project No. 134. In addition to the fire hycirant installation, the asphalt driveway of the Mr. Steak parking lot required replacement due to the construction. A purchase order (#20777) was initiated for this repair work. We have discussed this cost with tFie owners of Mr. Steak indicating they would be responsible for the replacement of the asphalt and curbing which is located in our right-of-way�. JGF:ijk � PUBLIC WORKS DEPARTMENT Enqineering Division CITY OF FRIDLEY Fridley, Minnesota October 21, 1981 Bonine Excavating, Incorporated 12636 Main Street Northeast Rogers, Minnesota 55374 Subject: Change Order No. 1, Sewer and Water Project No. 134 Gentlemen: You are hereby ordered, aut:horized and instructed to modify your con- tract for Sewer and Water F�roject No. 134 by adding the following work: ADDITION Watermain extension on University Avenue East Service Drive south of 61st Avenue ITEM APPROX.�UANT. UNIT PRICE AMOUNT 6" Ductile Iron Pipe 6" x 6" x 6" Tee b" Hydrant w/Valve 6" Gate Valve 45° Bend Wet Tap 155 Lin. Ft. $ 9.89 $1,532.95 1 Each 793.80 793.80 1 Each 1,440.10 1,440.10 1 Each 312.59 312.59 1 Each �$•�5 �8•�5 1 Each 300.00 300.00 Total Change Order No. 1•••$4,458.19 Original Contr,act Price . . . . . . . . . . . . . �61,674.79 Change Order #1 (Sewer & Water Project #134) . . . 4,458.19 REVISED CONTRACT PRICE . . . . . . . . . . . . . . $66,132.98 . � � Page two Letter to: Bonine Excavat�ing, Inc. Change Order No. 1: Sewer & Water Project #134 October 21, 1981 Submitted and approved by John G. Flora, Public Works Director on the 21st day of October 1981. , �% Prepared \ ��. -r% /' � Checked by ��i�u� / � �� / ' ____��� G. FLORA, P.E. F��1 i c Works Di rector Approved and accepted this � day of �f , 1981 by Bonine Excavating, Inc. BONINE EXCAVATING, INC. � _�-�u�- By Title Approved and accepted this day of , 1981 by the City Council of Fridley, Minnes�ota WILLIAM J. NEE Mayor NASIM M. QURESHI City Manager . . � RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED II�fDUSTRIAL DEVELOPMENT PROJECT BY LA MAUR INC. UNDER THE MUNICIPAL - INDUSTRIAL DEVE:LOPMENT ACT AND AUTHORIZING : _= SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF ��ECURITIES FOR APPROVAL THEREOF BE IT RESOLVED Yry the City Council of the City of Fridley, Minnesota, as fo].lows: 1. There has been presented to this Council a pro- posal by LaMaur Inc., a Minnesota corporation (the "Company") that the City undertake and finance a project pursuant to the Minnesota Municipal Indusl:rial Development Act, Minnesota Statutes, Chapter 474 (the "Act") ge�nerally consisting of acquiring, construct- ing, equipping and expand��ng of the Company�s existing manufacturing building (the "Project"j. Under the proposaZ, the Project facilities will be owned by the Comp�iny, and the Company will enter into a revenue agreement with thE� City upon such terms and conditions as are necessary to produce ��ncome and revenues sufficient to pay when due the principal of and the interest on up to approximately $3,000,000 Industrial Development Revenue Bonds of the City to be issued pursuant to the Act, to provide monies for the acquisition, construction, expansion and installation of the Project; and the City will pledge its inte�:est in the revenue agreement to secure the bonds. 2. As requireci by the Act, this Council conducted a public hearing on , 1981 on the proposal to undertake and finance the Pro�ect after publication in the official newspaper and a newspaper of general circulation in the City of a notice setting forth the time and place of hearing; stating the general nature of the Pro;ject and an estimate of the principal amount of bonds or other ��bligations to be issued to finance the Project; stating that a d:raft copy of the proposed Application to the Commissioner of Securities, toqether with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk, in the City Hall, at all times between the hours of A.M. and P.M. each day except Saturdays, Sundays and holidays to a:nd including the day of hearing; and stating that all parties �who appear at the public hearing shall have an opportunity to ex;press their views with respect to the proposal. The draft application to the Commissioner of Securi- ties, together with all attachments and exhibits thereto, was on file and available for pu'blic inspection at the place and times set forth in the notice. 3. It is hereby found, determined and declared that. the Project furthers the purposes stated in Section 474.01 of the Act in that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of -3- 0 blighted and marginal lancis and areas of chronic unemployment; the retention and developrnent of industry to use the available resources of the communit;t, in order to retain the benefit of its existing investment in educational and public service-facilities; by halting the movement o]E talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a basE� for providing governmental services and facilities; and the mnre intensive development of land avail- able in the area to provicie a more adequate tax base to finance the cost of governmental s�ervices in the Municipality, county and school district where the Project is located. 4. The Company has entered into preliminary discussions with Piper Jaffray & Hopwnod Incorporated, as Underwriter, and the Underwriter has repori:ed that the Project and the sale of bonds therefor are feasib�Le. 5. The Company has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approvE:d by the Commissioner of Securities and whether or not the Projeci: is carried to completion. 6. The Project is hereby given preliminary approval by the City subject to appro��al of the Project by the Commissioner of Securities and subject to final approval by this Council and by the purchasers of any bonds to be issued as to the ultimate details of the Project anci as to the terms of the bonds. 7. In accordanc:e with Section 474.01, Subd. 7 of the Act, the Mayor, the City C:lerk, and such other officers and representatives of the Cii:y as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the CommissionE�r of Securities and request her approval thereof, and the Mayor, the City Manager, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require. The Company, Messrs. Faegre & Benson as bond counsel, tYie City Manager, the City Clerk, the City Attorney, and other (:ity officials are also authorized to initiate the preparation nf a proposed loan agreement and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carrieci forward expeditiously. 8. The Company is hereby authorized to enter into such contracts, in its own name� and not as agent for the City, as may be nec�ssary for the consi�ruction of the Project by any means available to it and in thE� manner it determines without advertise- ment for bids as may be re�quired for the acquisition or construc- tion of other municipal f��cilities, but the City shall not be liable on any such contrac:ts. -4- 9A �o�x r�. - �� ^ � ati-�, � � • • •�:�• : r�f �� • r• • ►� • a+ � � �.�. •,� �i r r•• •�; r. :i• �:�r. Nt7W, 7�iF�2EFORE, BE IT RF50LVID, that in consideration of the conveyance by Marquette State Bank of Columbia Heights, to the City of Fridley of a 15 foot bikeway-waZkway easemEnt described as follows: The southerly 15 feet: of Lot 2, Block 1, East Ranch Estates Third Addition. All lying in Section 1.1, Tawnship 30, Range 24, City of FridZey, County of Anoka, State� of Minnesota. T'he City of Fridley agrees as follaas: 1. That it will at all times hereaf ter, at its own cost and expense, repair and maintain in a pi-oper and workmanlike manner the above-described bik�way and walkway; 2. Except for claims arising out of acts caused by the affirmative negligence of the fee owne�- or its representatives, the City of Fridley sha].1 inde�nnify and defend the fee owner, at the cost and expense of the City of Fridley, against a:Ll liabilities, penalties, damages, expenses, including reasonable attorneys' fees, and judgments, by reason of any injury or claim of injury Ko person or property, of any nature, arising out of use, occupation, and control of the bikeway-walkway to be constructed and laid out w:ithin the boundaries of said easement. PASSID AND ADOPTID BY �iE ��ITY O�UNCIL OF THE CITY OF FRIDLEY THIS LIAY OF , 1981. WILLIAM J. NEE - MAYOR AZTF�T: SIDNEY C. 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' . � . . .. . ���� . _.. �..�.:,.•.�, ► l�tl . _ s!:_ . . . .. i Y � � a.�'A� a,� (��,�a� � /J � � . ,� , '� � , � u . o .' . L Q;3. �n �, � , �a ZZ , , � . . . " o C�-o o) o i ` � � �4 g � ?G/2H 26.so6 , �23��� � .: . ., ' • w ' K (750� "� � •ssur�e���- �_ .._. .._.�. , A .�...�:� ;x�� ...,:..: r...�....1: _�:.. ! _ . . _._/.r..........,....._2 ...,. ��...�..._.. L�M' OFFICES OF 10 P LEVITT. PALMEIl2, BOWEN, ROTMAN 8c SHARE 500 ROANOHE H'UILDINO MINNEAPOLIS, MIlv'NES01'd 55402 �ssxrs�vc a. s.avan JOHN M. PALMER ROHEIii' 1[, HOWLN JERRY,�1', ROTM�N ROHE�' �. SHARE STEPH£N WINNICS JO8N TROYER J. PASRICB Mc DrVITT J08L H. CiOT?ESM�N 2i�T1'ilEW L. LEVITT JAME3 E. NELSON JOSEPH P. NOACIC CJI'liER1NE ROY TiilTCHER Mr. Clyde Moriarity City of Fridley 6431 University Ave. N.E. Fridley, MN 55421 �REJ CODE g12 3:i9 -0661 July 10, 1980 Re: Marquette State Bank of Columbia Heights - Bikeway-Walkway Easement Dear Mr. Moriarity: E In accordance with John Troyer's letter of June 13, 1980 to Mr. Brunsell, we are enclosing herewith a photocopy of a revised quitclaim deed which has been sent to Marquette State Bank of Columbia Heights for the appropriate signatures. We are also enclosing herewith a draft of a Resolution which we propose be given to Marquette State Bank of Columbia Heights by the City. If you have any questions or comments regarding the enclosures, please feel free to call the undersigned or John Troyer. Ver truly yours � J S E. NELSON JEN:dg Enclosures cc: William A. Laing Y�� cri. o..�• Form No. 31-M. r�cu��-n,.;, c�., r�;���,� �O (` Grqntin b GeNr�ll�a Minnc:o�a Unilunn Con._��y+i c.in•s Bl�nk. (Rcv6cd 1 \i �___— _ .. _. _ _ ..' .' _ _ .�' ___—._ —..—__^____.'__ . _' —_— _ ' ' ��ji� 3fna�nture, �r� thu ...................__....._................... aQy of..........No�emher...................., 1s...B1., b�tween .................Ma.r..Au.e.L.L,�...S.ta.t:e...Bank...p.f....CnJLmha.a...He.i.ghts.............................__.................................._........................ � a corporation under ,the lstiu� of the State of......._.........M.1DJ.IESO.Ld........._.._ ....................r Pw'tdl of the first part, and . . ............._.....____._......._............_..............__..C.i..ty....af....Er.i.dl.ey. ......_.................._...._............................................_.......... i+hm��pa�.�......_. . a aorpora ion u.nder �Ehe 7aw� of the Sta,Le o� ...................M3l1i125.Qt3................__....__..__-....__..........................._....................., , party of Ehe +eoond part, - ' L�itnrgsetfj, ThaE the iaid party o� thc }frst pa.rt, in oonsidtration of Eke sum of .Ane...dnJ..l.ar.....(S1.D!21...nn�d...a.ther....va.l.uabl.e..cnnsi.der.ai.inn-----------.-.-----.------ DOLL.9XS, to il in kand paid by the iad party o� tlu �econd pert, tTu recr.i.pt u�lurtof u htreby acknou•1ed�rd, doee h�reby Crant, 6'argain, Quttclaim, and Conrrey unto tTu eaid party o� tlu �econd pa.rt, ita rucceaavrs � and a+aiQns, Forevtr, att dhe traot..........or pa,rcet......... o� land tyinj and bein� in Lhc Count& o/ ......................_ ........................MOk7l.................................and Sta.tt of dfinnuota. deaeribed ai foZlows, to-unt: A 15 foot bikeway/walkway easement described as follows: The southearly 15 feet of Lot 2, Block 1, East Ranch Estates Third Addition. All lying in Sectio� 11, Township 30, Range 24, Lity of Fridley, County of Anoka, State of Minnesota Said bikeaiay/watkway easement is to be laid out so it does not inter- fere with ingress or egress to the subject property by the fee owner. The City o�f Fridley hereby accepts this easement for bikeway/walkway purposes. SIDNE C. INMAN City Clerk NO STATE DEED TAX REQUIRED �o �abe anD to �uID tije �ame, Togefhts utith a11 tIu hertditamtnta and appurEenancea tlura urtto belonQin� or in anyu�iwe ¢pperlaininQ, to t1u �aid party of tht �econd part, ita ruccesaor� and aaeiQni, For�ver. �Jn �rs'timonp d�bcreof, Tlu ,a�,d h�t �rty haa cauaed thua prwents to br e.�ecu.ted in ita corpor¢te reams by iG .............................._._ Preaident and ita.......II.]..CP...P..CES1�Pp.t.........and ita corpurate nal fo be Tureunto af�a•ed tTu day and ytar fird aboc•e writtcn. MARQUETTE..STATE..BANK..OF COLUMBIA.HEIGHTS... ay ...................... ..... WT�C C�Ti41�..q.�... LA�ING ................._... It�t ....................................Prtaident ... ......................M�....L.�....G�OT��W��C�S......_....�.. _..__ Itr....� i.ce...Pr.es. i.denL..._... � � RESOLU'TION N0. - 1981 A RESOLUTION AUTHORIZIIVG TRANSFERS FROM THE PUBLIC UTILITY FUND AND THE REVOLVING FUND TO W-75 WATER WORKS IMPROVEMENT BOND FUND AND WATER REI�UNDING BONDS OF 1975 FUND WHEREAS, Tax levies have been ad��pted and filed with the County, or transfers into bond funds are necessary to provide the required amount of money in certain improvement bond funds, NOW, THEREFORE, BE IT RESOLVED, IBy the City Council of the City of Fridley, meetinq at a regular session on �the 9th day of November as follows: 1. That a transfer from the Public Utility Operating Fund to the Water Refunding Bond Fund W-75 in the amount of $56,535 for the purpose of eliminating the tax levy for the year 1981, collectible in the ;year 1982, is authorized. 2. That a transfer from the Public Utility Operating Fund to the Water Refunding Bornds of 1975 Fund in the amount of $20,478 for the purpose of eliminating the tax levy for the year 1981, collectible in the ;year 1982, is authorized. 3. That a transfer of the 1981 collections from Service Connections by the Special Assessment Revolving Fund (80) to the Water Refunding Bonds of 1975 for the purpose of eliminating the tax levy for the year 1981, collectible in the year 1982, is authorized. PASSED AND ADOPTED BY THE CITY C�OUNCIL OF THE CITY OF FRIDLEY THIS OF , 1981. WILLIAM J. NEE - MAYOR ATTEST: CITY CLERK - SIDNEY C. INMAN 11 � PURPOSE 11 A FOR MEETING DEBT SERVICE REQUIREMENTS FOR IMPROVEMENT FUNDS FOR THE YEAR 1981 TO BE TRANS- AVAILABLE FROM FERRED FROM SERVICE CONNEC- RUBLIC UTILITY FUND REQUIREMENTS TIONS IN 1981 FUND TAX LEVY W-75 (Water Refunding) Water Refunding Bonds of 1975 $ 56,535 28,838 $ 85,373 �o be paid by Utility Fund $ 8,360 $ 8,360 $ 56,535 20,478 $ 77,013 Not Scheduled $ 77,013 To be paid by Service Connections 8,360 $ 77,013 CONSIDERATION OF 1982 HOLIDAY AP�D CITY COUNCIL MEETING SCHEDU.LES 1982 S M T W T F 5 - J UNRY �c y � 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 fE UARY 1 2 3 4 5 6 1 9 10 11 12 13 14 16 11 18 19 21 2 23 24 25 26 27 NA> l. �9u�_ IS M T W T F S JULY I 1 2 3 4 6 7 8 9 10 11 1 13 14 l5 16 17 18 20 2l 22 23 24 25 26 27 28 :t9 30 31 ^ UST 1 2 3 4 5 5 T 8 30 11 :l2 13 14 15 17 18 R9 TO 21 22 24 25 ;.>6 27 28 29 31 MARCH w�s�. v� �p7EMBER 2 3 4 5 6 1 2 3 4 7 8 10i11213 S 7 S!3 1011 14 16 11 18 19 20 12 13 14 15 16 17 18 21 23 24 25 26 27 19 21 22 23 24 25 28 30 31 26 27 28 Z9 30 ^��� OBER 1 2 4 S 6 7 8 9 0 0; 1 1�,4 S 6�,R 1 1 1 3 1� 1 5 1 6 1 7 ����` 2 2 2 3f��us. 18 1 20 21 22 23 24 24 S 26 27 2�6 29 30 �Y 25 21 28 29 30 31 M Y 1 NOVEMBER 2 3 4 5 6 7 8 2 3�• 5 6 9 il l2 13 14 15 7 8 9 10 `� 12 13 16 11 18 19 20 21 22 14 16 17 18 19 � 25 26 2) 28 29 21 2 2�� 27, _� JUNE DECEMBER 1 2 3 4 5 l 2 3 4 6 7 8_9 10 1�12 5 6 7 8 9 10 11 �. t F`� —'' 13 4 5 16 17 18_ 19 12 14 15 16� 17 18 Roeh es r� t 20 2 22 3�d 25 26 19 20 21 22 23 � 25 27 29 30 26 28 29 30 '� t An i9) i2) = Holidays (11) Jan. 1 New Years Day Feb. 15 Presidents' Day May 31 Memorial�Day July 5 4th of July (Sun� Sept. 6 Labor Day Oct. 11 Columbus Day Nov. 11 Vet. Day Nov. 25 Thanksgiving Dec. 24 Christmas (25-Sat) � Nov. 26 Day after Thanksgiving Dec. 31 January 1, 1983 falls on Saturday, so �riday, December 31 will be the day off (11 Days Tota1) X = Hol iday�� (11) � = Council Meetings (24)* � = Conference ��eetings (5)** * Council Meetings will be held the first and third Monday of each month except for the months of February and October when they will be held the first and fourth P4onday, and the months of March, July, September and Idovember when they will be he1d the second and fourth ��londay. ** Conference meetings will be held the fourth Monday of January, N1ay, Jnne, August and the f'ifth Monday of htarch. 11/9/81 j.-,� �:; . �\) i'.�1; CONCU�R���CE °Y TH� C{TY COUNClL _ APPOINTt�1ENTS .. �_._. November 9, 1981 NA�4E John Benedict Cich 4146 Meadow Brook La. St. Louis Park, MN 55416 David Norman Prois 1959 Forest St. Hastings, MN 55033 POSITION SALARY Police Oi�ficer $1348 Pol ice De�pt. per Month Pol i ce Of`f i cer $1348 Police DE�pt. per Month n EFFECTIVE DATE 12-14-81 REPLACES James Bankston 11-23-81 David Younkin 13 �ja 14 � F.OR CONCURRENCE: 8Y THE CITY COUNClL - LICE'�SES November 9, 1981 r T�pe of License: B,� Approved By: Fees: Food Establishment Big B's Rizza 317 Osborne Rd. N.E. Fridley, Mn. 55432 On Sale Beer Robert L. Johnson Steven J. Olson - Health Inspector Big B's Pizza Robert L. Johnson James P. Hill 317 Osborne Rd. N.E. Public Safety Director Fridley, Mn. 55432 Packaged Food Establishment �•lidwest Antique Inc. Charles W. Weinberger Steven J.Olson 967 Payne Ave. ' Health Inspector St.Paul, �1n. $35.00 $189.63 $35.00 Do 14 A � F.OR CONCURRENCE 9Y THE CITY C4UNCIL - LICENSES NOV.EMBER 9, 1981 GIIVERAL CC[�1TRACTOR Condor Corporation '819 Sibley Memorial Hwy. St. Paul, MN 55118 Construction 70, Inc. 1430 W. County Road C St. Paul, Na7 55113 Gillespie Construction 23181 Zypo Creek Drive Stacy, MN 55079 Hearth & Home Co. 1525 47est River Road N. Minneapolis, MN 55411 By : it�ger Riley By: William Sievers By : ;Terry Gi llespi e By: i:evin �asserly Northwes tern Builders 8053 East Bloomington Freeway Bloomington, MN 55420 By: P4ark Reynolds Pro Construction, Inc. 4805 Dominick Road Minnetonka, MI1 55343 By: l2andy Anderson Star Contractors/Starbridge Corp. 6960 Madison Avenue West Golden Valley, MN 55427 By: Robert J. Ritter Viking Home Improvement Co. 4832 - 2� Street N.E. Fridley, MN 55421 By: I�loyd Merrell HEATING Albers Sheet Metal & Vent., Inc. 200 West Plato Blvd. St. Paul, MN 55107 By: �Tann Peyer APPRWED BY DA$R�L CLARK Chzef Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARI: Chief Bldg. Ofc. DARFiEL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARE2EL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. tiVILLIAM Ii. SANDIN Plbg. iitg. Insp. Do . � 1�E � " 1� F.OR CONCURRENCE SY THE CITY COUNCIL — LICENSES � ` November 9, 1981 Residental Rental Property �,.. OWNER LOCATION OF BLDG. UNITS FEE APPROVEO BY Gordon S. Graham � 5334 - 4th St. NE 1 $12.00 Steven J. Olson, 5334 - 4ttt St. NE Environ.Ofcr. Fridley, MN 55421 Mary Hanson 7851-55 Fin+�ood Way NE 1 12.00 Steven J. Olson, 7851 Firwood Way NE Environ.Ofcr. Fridley, MN 55432 f 1 �� 15 �`�;�.i F�.OF; co�cu�R[_r�cE !�Y THc. CI � Y COUNCIL - ESTI;1.pTES t! -- l'JOVEMBER 9 i�ul. Herrick & Newman, P.A. 6270 University Avenue, NE Fridley, MN 55432 � For legal services rendered as City Attorney for the month of October, 1!�81 � 3,247.05 H & S Asphalt Company 700 INdustry Avenue N.L•J. Anoka, MN 55303 Partial Est. #1 - Work on O,ak Glen Creek Detenti on.. P o:nd $10,245.00 Crossings, Inc. P.O. Box 10 Prior Lake, MP� 55372 Partial Est. #1 - Moore Lak�e Restoration Project (Storm Sewer Diversions) - :S & W 132 $36,337.50 VIROIL C. MERRICK DAVID P.NEWMAN HERRIC:K 6� NEWMAN, P.A. ATTORNEYS AT LAW November 5, 1981 City of Fridley 6431 University Avenue Northea:st Fridley, Minnesota 55432 October Retainer: Hours in Excess of 30 @$45.00 per hour: COURT APPEARANCES: Fridley vs. U Haul Fridley vs. Nelson EXPENSES ADVANCED: District Court (File Petition i�e Bergstrom) 57 xerox copies TOTAL BALANCE DUE: 6270 UNIVERSITY AVENUE N.E. FRIDLEY-� MINNESOTA 55432 671-3850 $1650.00 1363.50 150.00 50.00 25.00 8.55 $3247.05 1� A �, � 16 �`J F"OF; c��icugRCr�cE �Y TH� Cf � Y COUNCEL - ���;ji'�$ �_� iVOVEMBER 9, �9g1 CI_AIf1 NUi�1BERS 23��N34 - 31_16�1