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11/21/1983 - 5253dFF'.c.�L. �Py aDUNCIL MEETI�]G NOVF�IB�R 21, 1983 FRIOLEY CITY COUNCIL MEETIN6 ` PLEASE SIGN NAME AODRESS ANO ITEM NUMBER INTERESTED IN DATE: P�ovember 21, 1983 NAME ADDRESS - ITEM NUMBER __________�— -- ------------------ _—_____ __ --__ __ __ _________—___________� , -- -- — --- -------- —_ ,; t , ..., �` .. ' • . � � * . �. :. � � .,,� „ - .�^.:,... r . . . �. . . : ,. 4 ,n, . ; � i i �,: , �, ,1-F �-1t1. C. S d/ L V 4�"f rYS A�c.J �, ! 1 r�i / -./ /_'�...� �� I� � ,�� _ _;_. `�� 0 � �3.� 0%�c�. L ��, � �_ F � ys�s �_ i -- - - - � ,�-� �. �`�'�i °`a""'�.°� M��'`''.��,.� ,e!�`��,��"' � OD / ��` 5 T� �4-�... , 0 �. �cQ.r•s� � � � � FRiDLEY Gl TY COUNCtL NOVEMBER 21� 1983 - 7:30 P.M. Following are the "ACTIONS TAREN" by the Administration for•your inf ormation. ':• ; � � ► Meeting of November 7, 1983 Minutes corrected to add missing part of Motion in Item 7 CITY MANAGER--ACTION TAKEN: Minutes corrected Meeting of November 14, 1983 Minutes approved as presented CITY MANAGER--ACTION TAKEN: Filed for future reference . � � . � , � e ` � . � ' \ � � N � ► � Wynn Gubrud thanked the Council for continued support against a hazardous waste facility : + : ► Public Hearing on a Proposed Project anc� the Issuance of Approximately $2,400,000 Industrial Development Revenue Bonds - Johnson Printing . . . . . . . . 1 Aearing was opened at 7:45 p.m. Closed at 7:47 p.m. CFNTRAL SERVICE--ACTION TP�REN: Resolution for preliminary approval adopted--See Item No. 21 �' Council Meeting, November 21, 1983 Page 2 � � • � : ► ��# Consideration of Appointment to Energy Commission (Tabled 11/7/83) . . . . . . . . . . . . . . . . . . . . . . 2 Item tabled pt�BLIC WORKS--ACTION TAKEN: December 5th agenda Consideration of Second Reading of an Ordinance Amending Sections 6.01, b.02 and 6.04 of the City Charter of the City of Fridley. (City Code Section F Misc.) (First Reading 7/11/83 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3 C Ordinance No. 790 adopted SITY MANAGER--ACTION TAKEN: Ordinance published in Fridley Sun ► . � Consideration of First Reading of an Ordinance Adopt- ing a New Chapter 102 Entitled "Police" and Repealing Old Chapter 102 of the Fridley Code in its Entirety. .. Ordinance Approved on first reading POL.7CE--ACTION TAKEN: Ordinance put on next agenda for consideration of second reading Consic3eration of First Reading of An Ordinance Repeal- irtg Chapter 810 of the Fridley City Code Entitled "Misdemeanors Generally" in its Entirety . . . . . . . . ordinance approved on first reading POLI:�--ACTION TAKEN: Ordinance put on next agenda for consideration of second teading / . . 4 - 4 C . . 5 - 5 A t � I'. Council Meeting, November 21, 1983 Page 3 � ► •, , -. Consideration of First Reading of an Ordinance Recodify- ing Chapter 901 of the Fridley City Code Entitled "Penalties" by Amending Section 901.01 Entitled "General ProviSiOnS" . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 A Ordinance adopted on first reading pOLICE--AC�ION TAKEN: Ordinance put on next agenda for consid�eration of second reading Consideration of First Reading of an Ordinance Adopting a New Chapter 906 Entitled "Adoption of Code" and Repealing Old Chapter 906 of the Fridley Ci'ty Code in its Entirety . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7 8 Ordinance adopted on first reading CITY MANAGER--ACTION TAKEN: Ordinance put on next agenda for consideration of second reading Receiving Planning Commission Minutes of October 19, 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 6 E Minutes received PUBLIC WORKS--ACTION TAKEN: Filed for future reference Receiving Planning Commission Minutes of November 9, 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . � . . 9 - 9 BB A. Special Use Permit, SP #83-11, for a second accessory building; a 26' x 40' garage at 470 Rice Creek Terrace, by Carl Asproth .................... 9- 9E Plannning Conmission Recommendation: Denial & 9H - 9M Council Action Needed: Consideration of � recommendation Special Use Permit denied PUBLIC WORKS--ACTION TAREN: Applicant informed Council Meeting, November 21, 1983 � , � •� -. (Planning Commission Minutes Continued� B. Items from Appeals Commission Meeting of October 25, 1983 B-1. Reduce rear yard setback to allow the con- struction of a cover for a loading dock at 7895 Rancher's Road, by Carl Stinwall............ 9N -9P gp�eals Commission RecommendatiQn: Approval � 9T - 9U with stipulations souncil Action Neededz Consideration of Recommendation Request approved with stipulation pUBLIC WORKS--ACTION TAKEN: Applicant informed of Council approval with stipulation B-2. Increase the size of a free standing sign from 80 sq. ft. to 120 sq. ft. at 6501 Central Avenue N.E. by Donald Giersdorf ................. 9P - 9R A,pneals Commission Recommmen�3ation: Approval & 9V to 105 sq, ft. �ouncil Action Needed: Consideration of Recommendation. Request approved with stipulation PUBLIC WORKS--ACTION TAKEN: Applicant informed of Council approval with stipulation C. Item from Parks & Recreation Commission Meeting of October 17 , 1983 City Enter into An Agreement with the Northeast Chamber Orchestra and the Fridley City BanB For Concerts at $150 Each ........................ 9W - 9BB Pks & Rec. ComLn. Recommendation: Approval �ouncil Action Needed: Consideration of Recommendation Request approved p�1RK� & REC--ACTION NEEDED: Letter written informing organizations of this arrangement �1RKS & REC--�ICTION TAKEN: Organizations informed of agreement. Page 4 �` Council Meeting, November 21. 1983 Page 5 � E� . . = ► •� � .-. Receiving Charter Commission Minutes of Sep- tember 15, ] 983 . . . . . . . . . . . . . . . . . . . . . . . � . 10 - 10 C Minutes Received pUBLIC WORKS--ACTION TAKEN: Filed for future reference Consideration of Approval of an Agreement Between the City of Fridley and FMC on Water Purchase ...:.... 11 - 11 C Agreement approved P�IBLTC WORKS--ACTION TAREN: Agreement executed Consideration of Approval of an Agreement Between the City of Fridley and the Anoka County Communications Workshop, Inc. for 1984 . . . . . . . . . . . . . . . . . . . 12 - 12 A Agreement approved with understanding that ACCW will get their money as the City receives it from the Cable Co. PUBLIC hiORKS--ACTION TAKEN: Agreement executed Consideration of a Resolution Authorizing Entering Into a Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies--Regional Mutual Aid Association. . . . . . . . . .. . . . . . . . . . . . . . . 13 - 13 J Resolution No. 107-1983 adopted ,�.jJBLIC WORKS--ACTION TAKEN: Agreement executed �- Council Meeting, November 21, 1983 Page 6 ► , � ► • � -• Consideration of a Resolution Approving the Minnesota Department of Transportation Preliminary Layouts for Widening TH.65 Between I.694 and West Moore Lake Drive ... 14 - 14 C Resolution tabled to next meeting for futher information p.j)BLIC WORKS--ACTION TAKEN: Will provide information for December Sth Agenda Consideration of a Resolution Approving a Subdivision Lot Split L.S. #83-04, to Split Part of Lot 1, Auditor's Subdivision No. 89, into Parcels A and B, the Same Being 7299 and 7201 Highway 65 N.E .. . . . . . . . . . . . . 15 - 15 A Resolution No. 108-1983 adopted �t�BLTC WORKS--ACTION TAKEN:_ Proceeding with Lot Split as authorized Consi3eration of a Resolution For Release of Portions of Trunk Highway Turnback to the Adjoining Property Owners (Southeast Corner of 4th Street and I.694). ..... 16 - 16 B Resolution No. 109-1983 adopted Pt�BLIC WORKS--ACTION TAKEN: Proceeding with turnback of property � Council Meeting, November 21, 1983 � . . -. Page 7 Consideration of A Resolution Establishing Municipal State Aid Streets . . . . . . . . . . . . . . . . . . . . . . 17 - 17 B Resolution No. 110-1983 adopted PUBLIC h10�3KS--ACTION TAKEN. Proceeding as authorized . Consideration of a Resolution Requesting Modification of FY 1983 Community Development Block Grant Fund and Jobs Bill 1483 Projects from Anoka County and the Department of Housing and Urban Development and Consideration of a Resolution Declaring Block Z, Block AA and B1ock BB, Riverview Heights Addition, a "Deteriorated ancl Blighted Area" . . . . . . . . . . . . . 18 - 18 E - Resolution No. 111-1983 adopted with deletion of Jobs Bi11 1983 project. The 3obs Bill consideration was tabled to December 5 and the staff is to prepare a list of other uses of this money Resolution No. 112-1983 adopted declaring area blighted PUBLIC WORKS--A�.TION TAKEN: Amending Resolution No. 111-1963 to delete 1963 jobs bill and preparing list of other uses of CDBG Funds Consideration of a Resolution Calling a Public Hearing on the Establishment of Proposed Tax Increment District No. 4 Within Redevelopment Project No. l, And The Adop- tion of A Tax Increment Finance Plan Relating Thereto. ... 19 - 19 B Resolution No. 113-1983 adopted. Public Aearing set for December 19 PUBLIC WORKS--ACTION TAKEN: Public Fiearing � published in Sun with a better description of the property in the legal notice Council Meeting, November 21, 1983 ► , : . � i _ -. Page 8 Consideration of a Resolution Requesting The Posting and Enforcement of "No Parking" Signs on Osborne Road Between T.H. 47 and Central Avenue. .......... 20 - 20 A Resolution No. 114-1983 adopted PUBLIC WORKS--ACTION TAREN: Proceeding as authorized Consideration of a Resolution Giving Preliminary Approval To a Project Under the Municipal Industrial Development Act, Referring the Proposal to the Minnesota Energy and Economic Development Authority for Approval and Authorizing Preparation of Necessary Documents (Johnson Printing) . . . . . . . . . . . . . Resolution No. 115-1983 adopted �ENTRAL SERVICE--ACTION TARENs Applicant has been informed of Council preliminary approval of project Consideration of a Resolution of the City of Fridley, Authorizing The Issuance of $7,000,000 Aggregate Principal Amount Industrial Development Revenue Bonds (Skywood Mall Project) . . . . . . . . . . . . . . . . Resolution No. 116-1983 adopted CENTRAL SERVICE--ACTION TAKEN: Applicant has been informed of Council approval of issuing IDR Bonds . . . . 21 - 21 B 22 - 22 I Consideration of Change Order No. 1 for Civic Center Fire Department Sprinkler System . . . . . . . . . . . . . . 23 - 23 B Change Order approved PUBLIC WORKS--ACTION TAKEN: Proceeding with Change Order / � Council Meeting, November 21, 1983 , . -. Page 9 Appointment: City Employee . . . . . . . . . . . . . . . . . 24 Walter Lach appointed Operations & Maintenance Person in Public Works Department �ITY MANA,ER--ACTION TAREN: Accounting informed of new employee Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 25 - 25 C Approved �NTRAL SERVTC£--ACTION TAREN: Estimates Paid Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Approved CENTRAL SE$VICE--ACTION TAKEN: Claims Paid � Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 27 - 27 A Adc3ed two Christmas Tree Sale licenses for Frostop and Frank's Nursery. All licenses approved cFNTRAL. SERVICE--ACTION_TAKEN: Licenses Issued Consideration of 1984 Council Meeting and Holiday Schedule . . . . . .. . . . . . . . . . . . . . . . 28 Approved with change of the Conference Meeting in January from the 30th to the 16th. �,rTY MANAGER--ACTION TAKEN: Schedule-being prepared for 1964 ADJOURN: 9:10 P.M. a Council Meeting, November 21, 1983 • � , pa Consideration af Appointment to Energy Commission �. (Tabled 11/7/83 ) . . . . . . . . . . . . . . . . . . . . . .. 2 Consideration of Second Reading of an Ordinance Amending Sections 6.01, 6.02 and 6.04 of the City Charter of the City of Fridley. (Ci�y Code Section F Misc.) (First Reading 7J11/83) . . . a . . . . . . . . . . . . . . . . . . . . . . 3 - 3 C ► ► Consideration of First Reading of an Ordinance Adopt- ing a New Chapte� 102 Entitled "Police" and Repealing Old Chapter 102 of the Fridley Code in its Entirety. .... 4- 4 C Consideration of First Reading of An Ordinance Repeal- ing Chapter 810 of the Fridley City Code Entitled "Misdemeanors Generally" in its Entirety . . . . . . . . . . 5 - 5 A � Council Meeting, November 21, 1983 � . � •� � -. Page 3 Consideration of First Reading of an Ordinance Recodify- ing Chapter 901 of the Fridley City Code Entitled � "Penalties" by Amending Section 901.01 Entitled "Gene�al - Provisions' . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 A 0 Consi3eration of First Reading of an Ordinance Adopting a New Chapter 90� Entitled "Adoption of Code" and Repealing Old Chspter 906 of the Fridley City Code in- its Entirety . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7 B Receiving Plannirag Commission Minutes of October 19, 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 8 E Receiving Planning Commission Minutes of November 9, � 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 BB A. Special Use Permit, SP #83-11, for a second accessory builc7iny; a 26' x 40' garage at 470 Rice Creek Terrace, by Carl Asproth .................... 9- 9E p2a��nina Conmission Recommendation: Denial � 9H - 9M �ouncil Action NeE.aea: Consideration of recommendation Council Meeting. November 21, 1983 . � • � - •i� (Planning Commission Minutes Continued) B. Items from Appeals Commission Meeting of Octobet 25, 1963 8-1. Reduce rear yard setback to allow the con- struction of a cover fot a loading dock at 7895 Rancher's Road, by Carl Stinwall............ 8�peals CommissiQn Recommendation: Approval with stipulations �oun�il Action ',�eeded: Consideration of Recommendation B-2. Increase the size of a free standing sign from 60 sq. ft. to 120 sq. ft. at 6501 Central Avenue N.E. by I)onald Giersdorf ................. B�peais Commissio.� RecommmQndation. Approval to 105 sq. ft. �ounc>> Action �Ie�ded: Consideration of Recommendation. 9N -9P & 9T - 9U 9P - 9R i� 9V C. Item from Parks � Recreation Commission Meeting of October 17 , 1983 City Enter into An Agreement with the Northeast Chamber Orchestta and the Fridley City Band For Concerts at �150 Each ........................ 9W - 98B pks & Rec. Comm. Recommen3ation: Approval Council Act� on j�peded: Consideration of Recommendation A ra�e q 7 � ► \ • f � - �� Receiving Charter Commission Minutes of Sep- � tember 15, 19B3 . . . . . . . . . . .. . . . . . . . . . . . . 10 - 10 C Consideration of Approval of an Agreement Between the City of Fridl.ey and FMC on Water Purchase ........ 11 - 11 C Consideration of Approval of an Agreement Between the City of Fridley and the Anoka County Communications Workshop, Inc. for 1984 . . . . . . . . . . . . . . . . . . . 12 - 12 A Consideration of a Resolution Authorizing Entering Into a Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies--Regional Mutual Aid Association. . . . . . • • • • • • • • • • • • ' ' ' ' ' ' ' 13 - 13 J � Z � � � ► � •! l -• Consideration of a Resolution Approving the �innesota Department of Transportation Preliminary Layouts for � Widening TH.65 :Between I.694 and West Moore Lake Drive ... 14 - 14 C 0 Consideration of' a Resolution Approving a Subdivision Lot Split L.S. #83-04, to Split Part of Lot l, Auditor's Subdivision No. 89, into Parcels A and B. the Same Being 7299 and i201 Highway 65 N.E .. . . . . . . . . . . . . 15 - 15 A Consideration of a Resolution For Release of Portions of Trunk Highway Turnback to the Adjoining Propezty Owners (Southeas� Corner of 4th Street and I.694). ..... lb - 16 B \ � ► 1 1 - • Consideration of` A Resolution Establishing Municipal ' State Aid Street:s . . . . . . . . . . . . . . . . . . . . . .. 17 - 17 B Consideration of a Resolution Requesting Modification of FY 1983 Community Development Block Grant Fund and Jobs Bill 1983 Projects from Anoka County and the Department of Housing and Urban Development and Considezation of a Resolution Declaring Block Z, Block AA and Block BB, Riverview Heights Addition, a "Deteriorated and Blighted Area" . . . . . . . . . . . . . 18 - 18 E Consideration of a Resolution Calling a Public Aearing on t�:e Establishment of Proposed Tax Increment District No. 4 Within Red�velopment Project No. 1, And The Adop- tion of A Tax Inrrement Finance Plan Relating Thereto. ... 19 - 19 B i , _ _ -,r. � � . ► • � -. Consideration of a Resolution Requesting The Posting .� and Enforcement of "No Parking" Signs on Osborne � Road Between T.�1. 47 and Central Avenue. .......... 20 - 20 A Consideration o� a Resolution Giving Preliminary Approval To a Pr.oject Under the Municipa� Industrial Development Actr Referring the Proposal to the Minnesota Energ�► and Economic Development Authority for Approval and Authorizing Preparation of Necessary Documents (John�on Printing) . . . . . . . . . . . . . . . . 21 - 21 B Consideration of a Resolution of the City of Fridley, Authorizing The Issuance of $7,000,000 Aggregate Principal Amount Industrial Development Revenue Bonds (Skywood Mall Project� . . . . . . . . . . . . . . . . . . . 22 - 22 I Consideration of Change Order No. 1 for Civic Center Fire Department Sprinkler System . . . . . . . . . . . . . . 23 - 23 B � � \ • � - • Appointment: City Employee . . . . . . . . . . . . . . . . . 24 Estimates. . . ., . . . . . . . . . . . . . . . . . . . . . . 25 - 25 C Claims . . . . ., . . . . . . . . . . . . . . . . . . . . . . 26 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 27 - 27 A Consideration of' 1984 Council Meeting and Holiday Schedule� . . . . . .. . . . . . . . . . . . . . . . 28 �� • :► / , THE MINUTES OF THE COUNCIL MEETING OF NOVEMSER 1, 1983 �.� � lu �Yy. • M.� ; �.r 1 ; : ��1►. • �+: �� MM !� � • �,� / u = ; Zhe Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by May�ar Nee. PI,E�E OF AT�,DGIANCE• Mayor Nee l�d the Council and audience in the Pledge of Allegiance to the Flag. BOLL CALL• N�lBEi�> PRESII4T: Mayor Nee, Counci].rnan Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette MEI�3II�G' ABSF�I': None APPR�'JVAL OF MINUTES • (DiJNCIL� MEETII�. QC.'Zt?BER 17. 1983: MOTION by Councilman Schneider to approve the minutes as presented.. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1DOPTION OF AGEDIDA• Zlze follawing items were added to the agenda: (1) Public Hearing on an On- Sale Beer L.icense for Pizza Flame; (2) Consideration of Resolutions Regarding Construction, Ordering Im�rovement, and Advertising for Bids for Sanitary Sew�r and Water Project No. 141; and (3) Consideration of Approval of Solicitor"s License for Minnesota Nuclear Freeze Campaign Canmittee. MOTION by Councilman Fitzpatrick to adopt the agenda with the above ac3ditions. �>econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN F'ORIIM. VISITDRS• Mrs. Lorna Hc►lm, Past President of the VFW Fost 363 Auxiliary�, and Maxine Nystrom, Pre:sident of the VFW Post 363 Auxiliary, appeared before the Council conce�rning a donation to the City of a drinking fountain for the handicapQed in the City plaza. Mrs. Holm introduced other members of the V�v who were present. They were Ray and Phyllis Menard, Floyd Pulju, and Frank Holm. Mr. Holm stated Phyllis Menard had brought the matter of this fountain to the attention of the VFW Auxiliary anc] brought the item on their f loor for discussion. She stated th� Vk�nl Auxiliary wished to present a check to the City for $1,500 to cover the cost of the fountain. 0 �� i� / _ 1��TT�,a � � �J��.'�1 • f � Mayor Nee thanked theqn on behalf of the City for their contribution. He stated the VFW and VFW Auxiliary Fost 363 have given so much to the City and it is greatly appreciated. Mr. Leo Carda, 6443 East River Road, appeared before the Council regarding an unpainted fence across the street fram his property. Ae questioned if there were any ordinances or any ordinances could be passed in order to have this fence painted, as he felt it was an eyesore. He stated he has offered to help the owner paint it and pay for half of the cost of the paint. Mr. Herrick, City Attorney, stated he felt the City can require a property awner to maintain a fence so it is structurally sound, but whether the fence is �inted or weatherbeaten probably depends on a person's personal preference. fle statec3 the Inspection Department vould check, however, to see if there are any code violations. Councilman Barnette asked if the fence was in need of repair. Mr. Carda stated he wasn't here for this reason, but to have it painted to beautify the City. Mayor Nee statecl in order for the City to defend an ordinance it has to deal with the health, safety, and welfare of the residents and felt the City would have trouble enforcing an ordiriance dealing with the aesthetics. It was the general concensus of the Council to have the Inspection Department look at the fence and for Mr. Carda to be notified regarding the inspection. ! � :� �I_ . �� al;= • � � � t � ' �� M��4u��t� �� 4.� ��►_��? ��i� • � V= :. �� 1 MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �!?�. = �! :_ �_ ,� �. � = 4 _. �� • � � J� `.� � •� til • � � �t �4_ • _ �,.�.�� : �; MOTION by Councilman Schneider to receive the minutes of the Cable Television Canmission Meeting of October 13, 1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Counci].man Barnette stated he had a call fram a resident on a program that appeared on Qzannel 30. Ae stated, apparently, this was a very biased program politically, and the person calling asked who screens what appears on this channel. Mr. Qureshi, City Manager, stated this channel is a news channel and the City has no control aver what is s�awn. �a, )►. ,r��+M��. • � UI ��=_ �+: 1��7�� e � Yf��i � 1 �!� �.�� H+ f i + �� • � «�\�T1 i e ��+1 � \ � ' i N Mr. Flora, :Public Works Director, stated the Sign Ordinance requires that any three o,r more businesses in a single development must submit a sign plan. He stated a plan has been received for the businesses at 6501 Central Avenue and they are proposing to place internally lit signs on the mansard of the building, four feet high and the length to be determined by the allawab:Le square footage. M�'I'ION by Councilan SGhneider to accept and approve the sign plan for the businesses at 6501 Central Avenue. Seconded by Councilman Fitzpatricic. Upon a voicF� vote, all voting aye, Mayor Nee declared the motion carried unanimously., �� 7f!��/i � 1�! �. ST�� N+ �f i� �f� 1 � � �+N�l�1ti S i ��1 f \ Mr. Flora, F�ublic Works Director, stated a sign plan has been receivec3 for the business� developnent just north of the Post Ofice. He stated this cievelopment oonsists of three bays within a building and the plan calls for placing a 4 x 16 foot sign on the area above the windows for each of the three bays. Counci]man Hamernik stated, even though it is allowed by ordinance, a painted plyw�ood sign doesn't sound very permanent and may require f requent maintenance. Mr. Flora stated the sign coc7e requires the signs to be maintained and felt, if the sign plan is approved, the City has better leverage to make sure they are maintained in oom�liance with the code. Mr. Qureshi, City Manager, asked what the next best material would be to use instead of plywood. Mr. Flora felt a metal sign would be better than P1Ywood• - Councilman Aamernik stated he feels this is inconsistent with some of the requests madE� in other areas. He stated, in s�ne areas, awners have framed the signs to make them more uniform. Mr. Qureshi f'elt perhaps they could talk to the owner to encourage them to use a betiter material for the signs. Mr. Flora felt this is one item the Council may w�ish to take into consideration in revising the Sign Cocle. Mr. Qureshi stated the Council could approve the layout of the signs and staff could work with the awner regarding the material to be used for the sign. MOTION by Cou:ncilman Bamernik to accept and apprave the sign plan f or the businesses at 7500 University Avenue, but to encourage staff to work with the property owner to develop a uniform, better constructed and more maintenance free sign plan for all the business locations in this development. Seconded by Gouncilman Fitzpatrick. ��.1�. 4��!� N�, • �!1/��=.�� ' �I�� .!� . Mr. Herrick, City Attorney, stated he felt if this request troubles the Council they should probably upgrade the standard in the ordinance. He stated he has no trouble with the motion the way it is worded, however, if the awner refused to upgrade the sign, he would have a problem with it, as it does not meet the ordinance requir�nents. Councilman Hamernik stated he would feel comfortable with staff working with the property awner to see if an agreenent could be worked out for a more substantial sign for the developnet�t. iJPON A VOICE VOTE TAREN ON THE ABOVE MOTION, all voted aye, Mayor Nee c3eclared the motion carriec3 unanimously. MOTION by Counci].man Hamernik to direct staff to review the materials used for signs when revisions are csonsidered to the Sign Ordinance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : _ � . � • � � � � ' ' 4. �y,.� � i. y•I ,i � �. • ' s � -+,��+��4- • � •� •:_�� ;. n �• : � 1:_� �►� •. ►.• � �� : _• • _� t. ��• ..� �.�_ �! .�y. �1 : � � �.� Mr. It�nan, City Clerk, staied this splitting of assessments if for Stuart Anderson's Cattle Canpany Restaurant. He stated notification was received by the County that this has been recorded and the Council has to approve splitting of the special assessments. MOTIC3N by Councilman Fitzpatrick to adopt Resolution No. 102-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1= .�-_� �. ��: i� •� _: �+; «�+,� ��: ; �+ _�_ � :�.��_ :,�.i � . Mayor Nee stated this public hearing was advertised on October 26, 1983. MOTION by Councilman Fitz�trick to waive the reading of the public hearing notice and open the public hearing. Seconded by Counci].nan Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously anc3 the public hearing opened at 7:55 p.m. Mr. Irnnan, City Clerk, stated the beer license is for the property at 317 Osborne Road which was formerly Park Pizzeria and Big B's Pizza. He stated the awner previously had a license in the City and the Police Department and staff reco�snended approval of the license. No p2rsons in the audience spoke regarding the issuance of this license. MOTION by Councilman Hamernik 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 7:57 p.m. ��. J�, t v�a��y��. � ►!�ly��-.�; '�!i : _`.• . �1 • ► �! 1 ' ' : y.�! �� . � ' � �.� C �:�. !._ '�M �. «�.�Y* N� �,�_' �!�/�� - � �� .�� 1! �. � i 1? _ ,i _�: _ �, � ► y.� � ; �4�; • �� `�+4:t .�i+ �.�I • «�+��., ► i,r ' ��?+��. : ► ; : ?�.��: �.� �� Mr. Qureshi, City Manager, stated this request involves the developnent the Oouncil app;raved at the last meeting for the construction of a Superamerica service sta�tion. He stated the full cost of the improvement will be paid by Superame�ica. MOTION by Cc�uncilman Barnette to Receive Petition No. 6-83 from Ashland Oil, parent oompany of Superamerica requests a sanitary sewer lateral for the property located between 72nd and 73rd Street on the east side of Highway �65 and also request the construction of a f rontage road around their propei�ty between 72nd and 73rd and Resolution No. 103-1983. Seconded by Councilmdn Schneider. Upon a voice vote, all voting aye, Mayor Nee declared th� m�tion carried unanimously. : _ � . � • � � 1 � • ' • � � �i� �. 1�_' ;,�11�'�!_�� : �+� 1► � � : �� : �i� ' :- \� : �� _'� �f! : 4 • ��.��+ M�1'Ji� �• ._+ _: � ��71� ' �� j1_ ! � Motion by Councilman Barnette to adopt Resolution No. 104-1 983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanimously. ;_, _� . �, , � � • : • ; � a�� . �,�' �!��t��d � ' ��l� • � : � : �n • : � _ t �. � _ � • � • : R�. . � � �. ��1__: • .�� !?�4 MOTION by C�uncilman Fitzpatrick to adopt Resolution No. 105-1 983. Seconc3ed by �ouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i � �� 4�i?+�� +�. � !��+ MDTION by Counci].man Schneider to concur with the folawing appointments by the City Manager. � �: �► Bradley Pear��on 16835 5th St. No. Lakeland, 1�A] 55043 ��. YM_�;� Police Officer Police Dept. v�• � v•• � .: : :� �: M : �a ; «� $1365 Noveqnber 21, Waldemar per 1983 Olsen month Rurt Ray Morse Police Officer $1365 November 21, Ronald 1301 thambridge St. P�lice Dept. per 1983 Rischmiller Apt. #317 month Hopkins, NQt 55343 Seconded by C�uncilmvi Haanernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •�� 1�� i� � : «r:_\. • �� 7i� �� t ' ►� �_.1� +M ' ►�� . Mr. Flora, Public Works Director, stated this change order would increase the project onst by $$,361.40 for a street werlay. ��_l�, � �i�?�.M��. • +!�/y,��=.�++ ' � •*ti . by adding $8,361.40 to the original contract making the revised contract $254,568.10. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� i �_ MOTION by Councilman Barnette to approve the estimates as submitted. Smith, Juster, Feikema, MaZman & Haskvitz 1250 Builders Exchange Building Minneapolis, NA1 55402 For legal services rendered as City Prosecutor for the month of September, 1983 Fopham, Haik, Schnobrich, Raufman & Doty Ltc1. 4344 1�6 Center Minneapolis, NII�] 55402 For professional services rendered, October 19, 1983 Highway Services 6317 Cambridge Street Minneapolis, I�AT 55416 FIN1�L F.STIMATE 1983 Joint & Crack Sealing Project Hardrives, Inc. Maple Grove �cecutive Center 7200 H�nlock Lane North Maple Grave, NQI 55441 FINAL ESI'IMATE ST. 1983 -1 ST. 1983-2 E. A. Hickock & Associates, Inc. 545 Indian Mound Wayzata, NII�i 553 91 $17 ,565.50 $10,424.81 Phase I $ 1,048.50 Phase II $ 1,574.08 Moore Lake Restoration Project for September, 1983 Monette Construction Campany, Inc. 2050 White Bear Avenue St. Paul, MN 55109 Catmunity Plaza Project Fstimate #7 $ 5,087.50 $ 1,550.00 $19, 483 .00 $27,990.31 $ 2,622.58 $I7,288.07 ��.1�. � M��I�I��M�. • ��1/a�l:�; ';:!'� Seconded by Councilman Schneider. Upon a voice, vote, all voting aye, Mayor Nee Declarec7 the motion carried unanimously. 9. �ICEIISES • MOTION by Councilman Schneider to grant the soliciter's license as reguested b� the Minnesota Nuclear Freeze Campaign Caimittee and waive the fee. Secorx9ed by Councilman Barnette. Upon a voice vote, all v�oting aye, Mayor Nee dE�clared the motion carried unanimously. 10. �i MDTION by Cc�uncilman Schneider to authorize payment of Claims No. 272581 through 310I�i10. Seconded by Council.man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � . MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of Nav�nber 7, 1983 adjourned at 8:02 p.m. Respectf ully sub�ni.tted, Carole Haddac3 William J. Nee Secretary to the City Council Mayor 1s,pproved: _ THE MINUTES OF THE SPECIAL CITY COUNCtL MEETING OF NOVEMBER 14, 1983 N�.i ,� ��,,�y� • �.i .�. ; ��M��. • y.i �; �� M !� ��: r • +!��,�ic a�; Zhe Special Meeti.ng of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. ROLL CALL: N�ERS PRESIIVT: Mayor Nee, Councilman Barnette, Council.man Hamernik, and Councilman Fitzpatrick ME�ERS ABSENT: Councilman Schneider S'j'1�'!'�►F'ra�' OF CANVA�S FOR THHF �R�t R 19R3 GENERAL II,EGTION• Mayor Nee introduced the Statement of Canvass and there w�ere no comments. MOTION by Councilman Fitzpatrick to accept the Statement of Canvass. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �LI]TION I�. 106-1983 .T.T1�[; Fnu A ATRT.Tr �TFARTN(, ON A PROPOSAL FOR A C�NLMERCIAL FACILITIES DEVEL�PMEI�?'I' PROJECT PURSUANT TO THE MINNESOTA ��ICIP� Tj�j]�TRTp� DF��'T.npMENT ACT AUTHORT7TNC THE PriRr r�ATrnN OF A rYYPT(`F. QF` TFiF j�ARTj�, (Tj��F)C`..�;-BLITL,T TT. �1 • Mr. Qureshi commented that he had met with Mr. Don Staley, Staley Cmnpanies, and his architect about putting a hotel at the 100 ZWin Drive-in location. Zhey apparently had reached a tentative agre�nent with the awner and were here tonight to ask the City Council to hold a public hearing on 9.9 million dollar Industrial Development Bond. In the audience and introduced to the Council was Mr. Roger Wayne, Juran and Moody, Mr. Don Staley and his wife Helen. Mr. Staley said that they have put in about twenty hotels in ten years and they are the upper type hotel. He is not certain what type of hotel he is going to put in Fridley, either a Ramada, Sheridan, or a hotel of that standard. It is goinq to be a 202 room hotel site because it has to stay inside the $10,000,000 Industrial Development Bond cap. He stated he has developed Midway Hotels and also has de�eloped motels/ho�els in Wisconsin. He stated he has met with Mr. Herringer the awner of the property and that they had agreed in principle on a price. He said his purpose for hurrying through the IDB process is the potential change in the Legislation which would limit IDB's. Mr. Qureshi said that he had talked to Mr. Staley and stressec3 two items to him about the development: 1) T'he residential property to the north must be buffered; and 2) We need to do a traffic analysis. He said that while they are only here ta discuss the hotel the entire development will be looked at with these two ooncerns in mind. Council.man Barnette asked how much will it take to build the hotel portion. Mr. Staley answered that nine acres will be available for the hotel. He would like to build a 300 room hotel but he could not because of the IDB's laws. He would also like to go higher. Mr. Qureshi said that he recomnended that he not go higher because it would require a Special Use Pernut. Mr. Staley said that six other acres will be used to build an office. �� 1�: ,r��!� !►. � �!�/y,��c �; � : � �;h '�e Mayor asked whether or not the fire ladder truck would reach the top of the hotel. Mr. Qureshi said there would be no problem as the building would have a sprinkler system. Mr. Staley said that every building that he builds has sprinklers installed. Councilman Barnette wanted to now whether the State Highway Dep�rtment would agree to any changes we make in the roads. Mr. Qureshi said t hat we will w�ork out soane plans that will be beneficial to both of us. Councilman Barnette asked whose responsibility is it to work on the road, the developers or the City. Mr. Qureshi ans�aered the City. Councilman Fitzpatrick asked how many acres there are and Mr. Qureshi answered over thirty acres of comnercial land and there is a strip of land zoned R-1 between the clevelopment and the'residents. Mr. Staley saic3 that at the current time Mr. Aerringer is working with a planner to came up with a total site development. . MOTION by Counci].man Barnette to adopt Resolution No. 106-1983 and set the _ public hearing for December 5, 1983. Seconded by Councilmam Hamernik. Up�on a voice vote, a].1 voting aye, Mayor Nee declared the motion carried urLanimously. �� : �I��J M*1�� 1� ��\� : �� ' ��lt� � �� 1!_�\� Councilman Hamernik statecl that he had been in contact with Mr. Bob Schroer and wanted to know if the City would help with potential property developnent in bad soil and it was going to cost $60,000 to correct the bad soi2. �is was a conmercial developnemt on about 2 1/2 acres. Mr. Qureshi gave the backgrounc3 of the property and the Council said that they w�uld agree to make it an economic developnent area, therefore, limit it to eight years anc3 that he could negotiate for up f if ty percent of the total cost for soil correction. � �! �:1;�� +�� MOTION by Councilman Barnette to adjourn the meeting. Secondecl by Council.man Hamernik. Upon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanimously and the Special Meeting of the Fridley City Council of November 14, 1983 adjourned at 8:50 p.m. Respectfully submi.tted, Sidney C. Irmian Secretary to the City Council Approvec9: William J. Nee Mayor • Not i conducte sota, at Fridley, held on o' clock consider industri to Minne 1 EXHIBIT A Notice of Public Hearing Industrial Development Revenue Bonds City of Fridley, Minnesota ce is hereby given that a public hearing will be d by the City Council of the City of Fridley, Minne- the Fridley City Aall, 6431 University Avenue NE, Minnesota, at a meeting of the City Council to be Monday, November 21, 1963, commencing at 7:30 p.m., C.T. At the pub�ic hearing the Council will a proposal that the City assist the financing of an al development project by issuing its bonds pursuant sota Statutes, Chapter 474. ^ The proposed project is the acquisition and installation of equipment for a commercial ptinting facility to be lo- cated at 40 �7th Avenue NE, Fridley, Minnesota, by Johnson Printing i Packaging Corp., a Minnesota corporation, as Borrower. It is proposed that the City make a loan to the Borrower to assist financing the Project from the proceeds of an issue of the City's industrial development tevenue bonds or notes in an amount not to exceed $2,400,000.04 If issued, such bonds would be payable solely from loan repay- ments to be made or secured by the Borrower. A draft copy of the proposed application to the Minne- sota Energy and Economic Development Authority for approval of the project is availnble for public inspection in the office of the Fridley Clerk-Treasurer�. All persons appearing at the public hearing will be given an opportunity to present their oral or written com- ments on the proposal that the City undertake and finance the ptoject. By Order of the Fridley City Council By /sl Sidney Inman _ City Clerk-Treasurer fOR CONCURRFMCE DY TNE CITY COUNCII APPOlNTMEN7 • fNERGY COMMISSION TaDled ' � 0 ENERGY C0�4�'1ISSION APPOINTEE B�adley R. Sielaff 671Q Plaz� .�rve 574-0470 . TERM EXPIRES 4•1•84 4-1/8S . RESIGNING MEMBER Jerry Cichos2 7509 Tempo Ter�ace N.E. (Resi9ned 10/19/82) Todd Tessmer 6890 Channel Rd. N.E. (Resigned 5/23/83) 2 3 .;•, � � « . AN ORDII�NCE AME[�IDIlVG SECTIONS 6 Ol , 6 02 . AND 6 0 4 OF THE CITY Q�AR'1'IIt OF �lE CITY OF FRI�D�,EY (CITY �DE SECTION F MISC.) THE tX,7(lNCIL OF ZI�3E CITY OF FRIDLEY DOFS ORUAIN A5 FOLL�OiWS: �hat the follvwing sections of the Fridley City �arter are amendec� as f ollows : Section 6.01 THE CITY MANAGER. The City Manager shall be the chief ac�ninistrative officer of the city. He shall be chosen by the Council solely on the basis of his training, experience and administrative qualifications. Zhe choice shall not be limited to inhabitants of the city or state but he shall be a citizen of the United States. Zhe city manager shall be appointed for an indefinite period and he shall be removable by the council at any regularly scheduled meeting provided that at least three members of the council wte for the reroval. Section 6.02 POWE�.S AAID DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by the council, the city manager shall control and direct the administration of the city's affairs. His pawers and duties shall be; (a) 7b enforce this charter and the laws, ordinances and resolutions of the city; (b) �.b appoint, ��fdJ �{yi�! ��6� with the consent and approval of the council, all subordinate officers and employees; ��l¢�� f� �d�`�1�1��1R�� d #�� `�'¢�`� jr) Zb remove anv s�grdinate.Officer or emnlovQ� nrovided that the council i,� notif ieci; � (d) Tb exercise oontrol aver all departments and divisions of the City administrataion created by this c�►arter or which may hereafter be created by the council; (e) Zb attend all meetings of the oouncil, with the right to take part in the discussions but having no vote; but the council may at its discretion excluc7e him fram meetings at which his removal is considered: (f� Zb reco�mend to the oouncil for adoption of such measures as be may deem necessary for the welfare of the people and the efficient aclmi.nistration of the city's affairs; ' (g} Tb keep the council fully advised as tfl the financial condition and needs of the Ci.ty, and to prepare and submit to the council the annual budget; (h) Rb perform such other duties as may be prescribed by this charter or required by him by ordinances and resolutions adopted by the council. Section 6.04 S(1BORDINAT'E OFFICERS. There shall be a city clerk, city treasurer, city attorney and such other officers subordinate to the city manager as the oouncil may provide for by ordinance (s) ,�(��ijC¢�I �d� �pl� �'�X� F��` i��?-'N ��1��`�J��X �� e ¢��P�¢�X� �e city clerk shall be subject to the direction of the city manager and shall have such duties in connection with keeping of the public records, the custody, and disbursement of the public funds� and the general administration of the city's affairs as shall be ordained by the council. Ae may be designated to act as secretary to the oouncil. �e council may by ordinance abolish offices which have been created by ordinance and it may combine the duties of various offices as it may see fit. PASSED AND ADOPTED BY THE CITY OOUNCIL OF THE CITY OF FRIDLEY THIS D�AY OF ,1983. AZ'I'F.S'T: SIDNEY C. IN�IAN - CITY (ZERK Public Hearing: July 11, 198:i First Reading: July 11, 1983 Second Reading: Publication: 3/0/27/1 �� WILLIAM J. I�E - MAYOR 3A JpwM W T[A'jTR� ROh�ID G �LACK October 17. 1963 1"ERPSTRA d�c BLACK I►rrorn.t.s �t �aw ��1 MA�N iTREET ElK 11iVER. MtNNE501A sS»O City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attn: Milliam C. Hunt Staff Person to the Charter Connissio� Oenr Mr. Hunt: You have requested an opinion on the follawing two questions: 38 ft�C�«W+[ Nure�• 1612� �� 1 •TO�O • ' 1. Must the Charter Commission formally resubmit to the Lity Council proposed amendme►+ts to the City Charter if the proposed amendment was amended after the first �eading by the City Council. 2. May the City Council proceed with the second reading of the ordinance amending Sections 6.01, 6.02 and 6.03 as amended. I. Minnesota Statutes �410,12, Subd, 7 provides the mechanism to amend a city charter upon recommendation of the Charter Commission to the City Council by the adoption of an ordinance. The Charter Commission must �ecommend tlie change to the City Council. Thereupon, two weeks published �otice containing the text of the proposed change must be given with a public hearing to follow. The purpose of the �otice and hearing would be to allo►+ public comment on the proposal. Public cortnent would be meaning- less if the proposal could not be modified subsequent to the hearing. The City Council menbers also have input into the process. The statute requires a►� affirmative vote by the council to adopt the proposed change. Implied in any vote by a council Nould the deliberation process utili2ed prior tc any vote on an issue. The Statute requires that the Charter ComniSSion must be involved throughout in this process. After the amendment is adopted by ordinances, vaters in the community have a further opportunity to express their views on the propsed change. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at a later date or fixed by the or- dinance. Within 60 days voters can petition for a referendum on the change. 7herefore, I would conclude that because the voters have the opportun- ity to be heard twice, at the initial hearing an� by referendum, no useful purpose would be served by requiring a second public hearing. 3C T0: City of Fridley Attn: William C. Nunt DATE: October 17, 1983 Page iwo of iwo ; � �� II, 1�iinnesota Statutes §410.12 Subd. 7 contemplates that the charter be ame�ded by ordinante. Charter Section 3.05 specifies the procedure for enacting ordinances. as follows: "Eve�y ordinance other than emergency ordinances shall have two public readings in full, and at least seven days shall elapse between the first reading and the second reading." The purpose of the tine interval requirement is to secure public notice and prevent undue haste in deliberation by the council before final passage, A time interval to allow rcconsideration would also permit the proposed ordinances to De amended prior to the final vate. �herefore, the cauncil should be sble to proceed with the second reading of the ordinance amending the tharter es amended. Very truly yours, TERPSTRA i�BLACK / . � BY: ona d G. ack c�s��W�it Starwalt Chairman, Fridley Charter Commission � •�� •- • L' •c �" 1 1 � M' 1•' 1 I:r ♦: ' :+1' 1 ;n 4}1 '�' M' 1 ; 5+y� . _ 1� � 1 ♦,t. . `y. 1 • ' 1:1' ' (� :� •� f ' 1 �. �. . `. 7he City CoLmcil of the City of Fridl�y 3oes ordain as follc�ws: i i �� : �• ��. i� v•�� ' •;�' :•• ��: Minnesota Statutes Chapter 419 is hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in f ull. Fran and after the appointment of the commission provided for in said laws, said commission shall have oontrol and supervision over the enplayment, prcmotion, discharge and suspension of all officers and �nplayees of the Folioe Departrnent of said City, as provided in said laws. i 1 I `i'�. � •' �. ; 1 i� } ",�'''r'��' The Assistant City Manager/Public Safety Director shall hold a public sale for the disposal of property lawfully coming into possession of the Fridley Police Department in the course of municipal operation and remaining unclaimed by the owner for a period of at least sixty (60) days. Public sales shall be held at least annually, the proceeds from said sale s�hall be deposited with the treasurer of the �`�,��TX�� X�� k��s�� v o �i lev and becro�r� part of ��T ��fp%T the c',Pn��.F�_ d �e former vwner of sold property shall have the right to payment of the sale prioe from the fund upon application and satisfactory proof of awnership within the six (6) r�anths of the sale. Notice of said public sale shall be given in a legal newspaper at least ten (10) days prior to said sale after the Police Department has made a�reasonable effort to contact the legal own�er of the property. (Ref. 641) 1 1 •:1 ":"r •' 1.1' '�� 1• •' •;/li' �' '• •" Tt�e office of Chief of Police of the City of Fridley is hereby abolished and the duties of said offioe are assigned to and carnbined with the duties of the Assistant City Manager/Public Safety Director. (Ref. 575) 102.04. PQ,I(E PH�iSBRS 1. Notwithstanding the pravisions of any general or special law, all polioe offioers emplayed by the City af ter December 15, 1975, shall be me��bers of the Public Employees Retirement Association Police and Fire fl�nd, and shall not be eligible for membership in the Fridley P�lice Relief Association. 2. Notwithstanding the prwisions of any general or special law, �• .• •� � � �• �•• � ►� ' }� :r� � �. � ti� �. • � ' •. � , �' •.r• s•� ; • �: �� •.' ti'�' •�. � .• •ci�s- � - .� �- �•. •- 'f . • , 4 4A all polioe offioers emplayed by the City prior to Dec�nber 15, 1975, may request transfer from the Fridley Polioe Relief Association to the Public flnplayees Retirenent Association Police and Fire Fund; said request to transfer shall be subject to all applicable Minnesota Statutes and rul.es and regulations of the Public �nplayees Retirement Association. Application for transfer shall be subject to the approval of the City Cou�cil of the City of Fridley. �,!/X,�/�l ��i��rt/��/i��l��dir��/��/��z�/�/�"��rf /Yf,�Xd/d�a�! ��'�/��/��`�4��'x�4�Y�/�i�/�'�'��,4�4'�/��I /�`��/�44'��`��' ��/�'�'��x��!/�i��/��/��X/r��/��/��/�,�1.i�''�l ��/��/�'�,�d�/��r�/K��'��!//�/�,��X1K��'�ft�¢X�rl�l � �1 �/�i4t�'�'/��/��'s�/i�l��'�'�'��1�'�i'�'/��'/�i��'��l ��4'�'/ ��'�'��/��`I ��/X��/i4��i!/�il/��f �z'Ir��/��i��r�/i�/A��de��! �'X � � / / � � �' � � / � � / � �� X �� s � � • 102_05_ S�VER�BII� - .� . . .� . .. . • ... .- -. ,-�. .• •11 ' ' � • �' i •/ • • •� • �. • �' - - 1 � • • I =� �� • • •� • �. • / ��-!1 ' �� - �,- • � • 1 �• � �• �. 1• � •. - .� • �- - •� � � � , � � � ` y� PASSF�D AAID ADOPTED BY TBE CITY OF FRIDLEY TBIS DAY OF � 1983. idII�.IAM J. I�E — l�AY�R � ► �. SIT�II?Y C. Il�I'�fN — CI'lY Q.BRR First Reading: Second Read.ing: Publish: RII,33/0/3/4 48 MEMORANDUM To: Sidney C. Inman From: Virgil C. Herrick, City Attorney Re: Funding Police Pension with Proceeds from Sale of Unclaimed Property Date: 3uly 8, 1983 Minnesota Statutes Annotated, 5ection 471.195 authorizes a City to designate the fund into which the proceeds of the sale of unclaimed property will go. M.S.A. 423.806ic) and (d) states that unclaimed money and property coming into the possession of inembers are to be used to fund the Police Pension and M.S.A. 423.801 defines "member" as any person who is employed as a police officer. Consequently, the present city ordinance dealing with this issue has the full authority of the applicable, albeit ambiguous, sCate statutes. The issue of whether the officers who do not belong to the Police Pension a re being deprived of the benefits of these sales, is not really an issue at all. The fact of the matter is that the only one who benefits from the proceeds funding the police pension is the City of Fridley because it reduces the amount the City must contribute to fund the pension. The amount paid to an officer out of the pension or P.E.R.A. is established by statute and is not affected by the source o£ funding. In other words, the amount an officer receives, from either the police pension or the P.E.R.A. is the same regardless of whether or not proceeds from the sale of unclaimed property are used to fund the program. On this basis, it really has no effect on the police officers of either the Police Pension or the P.E.R.A. � Current state legislation provides for the gradual phasing out of the private police pensions and an argument can be made that this overrides the provisions requiring the deposit of the proceeds of these sales in the police pension. On the basis 4C that M.S.A. 423.806 is displaced by the legislation phasing out police pensions and in light of the fact that the dispos- ition of the proceeds has no effect on the pensfon or the P.E.R.A., it would be advisable to adopt a uniform procedure for disposition of thse funds. This office would suggest that the proceeds be placed in the general f und to avoid any future disputes or questions concerning this matter. + t�,o� f` . E ,''�� , 'o��`r s _ POLICE DEPARTMENT City of Fridley Minnesota DATE OCTOBER 19, 1983 FROM PUBLIC SAFETY DIRECTOR, J.P. SUBJECT ORDINANCE REPEALING CHAPTER 810 OF THE FRIDLEY CITY CODE MEMORANDUM TO NASIM QURESHI G :TION INFO X Attached is a proposed ordinance repealing Chapter 810 of the Fridley City Code entitled "r4isdemeanors Generally" in its entirety. Since the establishment of this chapter, changes in State Statutes and court procedures have resulted in Chapter 810 no longer being of value. Specifically, the police now charge all violations under State Statutes that would be applicable to this ordinance. In addition, a recent change in fine split formulas no longer provide any benefit to charge under city codes verses State Statutes. A recommendation to repeal this ordinance is concurred with by City Prosecutor, Carl Newquist and Dave Newman of the City Attorney's Office. JPH/sa .-� � � « . AN ORDINANCE REPEALING CHAPTER 810 OF THE FRIDLEY CITY CODE II�ITITLID "MIS'DF1�'.AN0�2S GIIJERAI�,Y° IN IT5 II�IIth�'Y TFIE CITY OOUNCIL OF Zi�iE CITY OF FRIDLEY DOFS ORAP,IN AS F(�S�OWS : That Chapter 810 entitled "Misdemeanors Generally" be repealed in its entirety. PASSID Ai�ID ADOFI'ED BY 7�iE CITY �IJNCIL OF ZHE CITY OF FRIDLEY �IIS DAY OF , 1983 "�' ATI��T: SIDIJEY C. II3•1APJ - CITY CLERK First Reading: Second Reading: Publish: 2/8/3I23 / WII,LIAA1 J. I�E -- MAYOR 5A � �, t.,, 0 � F` `. ., ,�t •'. .� ��,� r �� POLICE DEPARTMENT c�ty of F��aiey Minnesote DATE OCTOBER 19, 1983 FROM PUBLIC SAFETY DIRECTOR, J.P. SUBJECT AN ORDINANCE AMENDING CHAPTER 901 OF THE FRIDLEY CITY CODE MEMORANDUM TO NASIM QURESHI l•J :TION INFO X Enclosed is an ordinance amending Chapter 901 of the Fridley City Code entitled "Penalties". The only change proposed is that the maximum fine be increased from $500 to $700 to be consistent with revised state statue. JPH/sa .•��.. p�N ORDINAN(E RECODIFYING CHAPTER 901 OF.THE FRIDLEY CITY O�DE FNrITLID 'PFNALT�S" BY AA'�I�IDII�1G SECrION 901.01 II�IZLID 'GFNETtAL F�J+IISI�JN.S". ZHE CITY QOUNCIL OF THE QTY OF FR7I7LEY DUES ORIaAIlJ AS �S s 901.01. GII�iERAi� PRWISI,�i.S EVery person who violates this Code is subject to all penalties pravided for such violation. Except where a different, specif ic or more particular penalty is provided or allawed with respect to any offense, ariy person guilty of a violation of this Code shall upon cor�viction of such of,fense, be fined in an amount not to exceed ,�,��d S700 or be imprisoried in jail for a period not to exceed ninety (90� days or both for each offense of which such person is oonvicted. a i�. . ��. •. PASSID AI�ID ADOP'I� BY TFiE CITY �UNCIL OF �iE CITY OF FRIDLEY THIS L1AY OF , 1983 w�,� J. rr� - rs�oR ��sr: SIDIVEY C. II��AN — CITX Q�IIZK First Reading: Sec;ond Reading : Publish: 2/8/3/26 6R a�nn� r�o. AN O�tDINANC� ADOPTING A NEW QiAFI'f�t 906 II�I'ILm 'ADOPTIO�N � OODE" At�ID REPEALING C�,D C�AP'I�2 906 OF �iE FRIDLEY CITY OODE IN I'I5 IIVT7Rx.�'Y. 7HE CITY OOUNCIL OF THE CITY OF FRIDLEY DOES ORI�IIN AS FLi,LOWS : 906.01. ADOPTION OF OODE Zbe substantive general ordinances of the City of Fridley, Minnesota are hereby codified; the codification is in book form, entitled "Municipal Code of Fridley, rlinnesota", and consists of chapters and sections, separately numbered in a decimal system with certain chapter and section nu�ctibers reserved for future use and expansion of the Code, as well as an appendix and index thereto. Any matters as may be contained in the appendix or index are included for purposes of inforniation and reference only and are of no substantive effect except where and unless the Code itself specifically incorporates the sane by reference. 906.02. SEIORT TIZi.E For brevity hereaf ter sametimes referred to the term "this Code" Fridley, Minnesota i meaning. the Municipal Code of Fridley, Minnesota is as "this Cocle" or "City Coc3e"; and any use of or "City Code" means the Municipal Code of nless the context clearly requires another • � . � • �+• • • «�+�� • � �;• � � • •s� This Code in the original enactment includes all substantive ordinances of a general nature up to and including Ordinance No. of , passed on . Al1 s�stantive ordinances of a general nature up to and including Ordinance No. of are repealed and replaced by the enact�nent of this Code. 906.04. MJDIFICATION OF S[7B.SDQUII� ORDIIdANCES Any ordinance passed since Ordinance No. of and prior to the effective date of this Code, is continued in full force and effect, but such ordinance is amended or modified hereby as neoessary to make the ordinance conform to the provisions and form of this Code. Where such ordinance amends an ordinance which is repealed by this Code, the ordinance is to be construed as amending the appropriate prwision of this Code (which supercedes or replaces such repealec7 ordinance�. Ar�y ordinance passed and adopted since Ordinance No. shall be made a�rt of thi s Code by appr opr iate incorporation herein. ADOPTION OF �DE � •,. � . �,. . . «s�• � � •�• � � • � A'DDIFICATION OF SUBSDQt1� ORDINANCES 7 � 1. 1 ` 1:.`ID�. 1�'�� „ ��: ►��~ Any ordinance passed after the effective date of this Code shall be p�ssed as a recodified Chapter to this Ca7e (unless it is of limited or special application or is otherwise deemed not to be a part of this Code). Such recodified Chapter, amendment, addition or deletion shall be made a part of this Code as hereinafter provided and directed by the City Council. 906.06. OONSECUTIVE NUl�'�II2ING � OONrII�7E �e present consecutive chronological are passed shall continue without inclusion within this Code, but each or addition to the Code shall specify 906.07. AI�JAL REVISIONS nuQnbering of all ordinances as regard to their subsequent ordinance which is an amerx3ment the amenc�ment or addition. Zhis Code is printed and loosely formed and is kept up-to-date by the regular insertion of recodified pages oontaining all amenc�nents, repeals or additions to the Ca3e. For convenience, the volume includes, in addition to the Municipal Code of Fridley, Minnesota� a table of contents, appendixes anc3 a complete subj ect matter index. The Council, with the advice of the City Attorney, shall make arrangements periodically for the editorial work and printing necessary to prepare revised and additional pages as necessary to keep the volu�ne urrto-date as nearly as reasonably possible at all times. 906.08. PRFSERVATION OF E}CISTING RIQ�'!5 'il�e repeal of a� ordinance or portion thereof by addition to this Code or ariy subsequent amenc�nent, repeal ot addition thereto does not affect or impair ariy act done, right vested or accrued, or any proceeding, suit or prosecution had or oo�nenced in a� cause before such repeal takes effect. �ery act done, right vested or accrued, or proceeding, suit or prosecution had or corvnenced, resnains in f ull foroe and effect to all intents and purposes as if such repeal haci not taken place. No offense co�ranitted, and no liability, pena].ty or forfeiture, either civil or craminal► incurred prior to repeal of any ordinance or any part thereof, by this Code or subsequent amenc�nent, repeal or addition thereto, is discharged or affected; and the prosecution and suit of any such offense, liability, penalty or forfeiture may be instituted and proceeded with in all respect as if such prior ordinance or part thereof had not been repealed. 906.09. PUBI�ICATION AND EFFECTIVE nA7E A copy of this Code has been on file and open for public inspection in the office of the City Clerk for a period of at least three weeks prior to its additions, oonunencing on the first c3ay af � 7A � : �• } ••�� • r •� a� i: �+• � � •� + �� •. pRF��VAT7AN OF IXI.STING RIC�i25 PUBLICAT70N AAID EF'FFX.TIVE L1ATE 7B 906.10. Odi7E PERM��JII,Y ON FII.E O�DE PERI'fANi3V'�Y A copy af the Code shall be permanently on file and open for public � F� inspection in the offioe of the City Clerk in the City of Fridley. Notioe shall be given in the official. newspaper for at least two successive weeks that copies are available in the City Clerk's - offiae for insp�ection or purchase. 906.11. PRIMA FACIE EVIDIIJCE PRIMA FACIE �he Municipal Code of Fridley, Minnesota, shall be prima facie �ID�� evidence of the law of the City. PASSID AND ADOFll'ID BY ZHE CITY OOUIJCIL OF ZHE CITY OF FRIDLEY Z4iIS � OF , 1963. WILLIAM J. 1�E - MAYOR ATI'F.S'T: SIDIJF.'Y C. Il�]AN - CITY Q.ERK First Reading: 5econd Reading: Publish: C•� CITY OF fRIDLEY PLANNING COMMISSION MEETING. OCTOBER 19, 1983 CALL TO ORDER: Vice-Chairperson Oquist called the October 19. 1983, Planning Cortmission meeting to order at 7:45 p.m. ROLL CALL: Merabers Present: Mr. Oquist, Ms. Gabel, Mr. Nielson (for Mr. Svanda). Mr. Kondrick. Mr. Saba Menbers Absent: Ms. Schnabel. Mr. G�odspeed Others Present: Jerrold Boardman, City Planner APPROVAL OF OCTOBER 5, 1983, PLANNING COMMISSION MINUSES: MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve the October 5, 1983. ann�ng Comnission minutes as written. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 1. COt�TINUED: REVIEW OF AN OROINANCE ADOP7ING A NE4J CHAP7ER 14� ENTITLED 'PEDDLERS", SOLICITORS, AND TRANSIEN; MERCHA�JTS ;�AND �EPEALING H D CHAPTER 14 ENTITLED "PEDDLERS" OF THE FRIDLEY CITY CODE 1N ITS ENTIRETY. Mr. Oquist stated the Planning Comnission had sent this down to the Comnu�ity Development Comnission for their input. He stated the Comnunity Development Commission did review the ordinance and accepted it as written, contingent upon input from the Chamber of Commerce. He stated the Commission members had received a copy of a letter from Kerry Van Fleet, Executive Director of the Chamber of Commerce, dated Oct. 7, 1983, stating that the Chamber of Commerce also approved the ordinance. Nir. Saba stated the ordinance obviously includes farmers that may come into the City in the sunmer or fall to sell their produce. He noticed that Ms. Yan Fleet had stated that the merchants in Fridley apparently did nat object to that. Mr. Boardman stated farrners can come in and sell their produce. State law prohibits a city from restricting, by iicense, farmers from cominc in and selling produce. Ms. Gabel asked if she was correct in her understanding that with the nerr ordinance, if someone complained about a peddler or solicitor, if the peddler or solicitor did not have a permit, the police could tay the offender in addition to telling them to :leave. � 8A PLANNING COM4IISSION MEETING, OCTOBER 19, 1983 PAGE 2 Mr. Baardman stated tfiat Nas correct. Anyone who se11s in the City of Fridley could get tagged if he/she does not have a permit. However� people cannot sell out in the open on a corner without a special use permit. That is a zoning regulation that has nothing to do Nith the peddlers license. There is to be no outside sale of inerchandise without a special use permit. The City cannot prevent a person from applying for a license. but if that person goes out and sells on a corner. he/she also needs a special use permit. Ms. Gabel asked how Staff saw the enforcement of this new ordinance. Mr. Boardman stated he thought enforcement would be handled two ways: (1� The most probable enforcement aould be on a complaint basis. (2) If the police are patrolling and see someone selling on a corner they can stop and ask the person to see their iicense. If the pe�•son does not have a license, the police have the tool whereby they tan issue a tag. If the person is on the corner with merchandise that is out in the open. that is another issue and is a violation of the zoning code. He stated most of the selling is done on the weekend, and the problem they run into is that by the time they get a complaint. the violater is not operating in the City. Another problem is that if the person has a license and is selling on a corner. but doesn't have a special use permit. the police can tag that person, but he is not sure if the police could actually stop that person from selling his/ her product. Mr. Oquist stated the only comment the Corm�unity Development Commission had was that the ordinance Nas quite lengthy and quite wordy; otherti,rise. they thought it sounded good. At least, it gives the police a tool for enforecment that they do not have now. MOTION by Mr. Kondrick, seconded by Mr. Saba. to recommend to City Council the a�opt on of a new Chapter 14 entitled "Peddlers� Solicitors. and Transient Merchants" and repeal Old Chapter 14 entitled "Peddlers" of the Fridley City Code in its entirety. Upon a voice vote� all voting aye. Vice-Chairperson Oquist declared the motion tarried unanimously. 2. REVIEW OF AN ORDINA��CE ADOPTIWG A NEW CHAPTER 218. ENTITLED "HAZARDOUS pR�T� COr�TROL� OF THE FRIDLEY C1TY CODE Mr. Boardman stated that on Monday night, the City Council had decided to pass this ordinance to the Planning Corrmicsion for its review. He stated the Planning Comnission may want to pass this ordinance on to the Environmental Quality Commission for its input. . PLA��yING COMMISSION MEETING, OCTOBER 19, 1983 PAGE 3 MOTION by Mr. Kondrick� seconded by Ms. Gabel. to pass the new Chapter 218 entit ed "Hazardous Waste Control" on to the Environmental Quality Comnission for its �eview. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the aation carried unanimously. 3. REVIEW OF AN ORDINAWCE ADOPTING A NEW CHAPTER 121 ENTITIED "INTOXICATING QUOR - C NSUMP I�N, SE DISPI Y HE RIDLEY�ITY C D Mr. Oquist stated he thought this ordinance wa� really geared toward the use of intoxicating liquor outside private property where people could gather such as parking lots. etc:, because there is already an ordinance prohibiting alcohol in Public parks, . nr, �a�a stated he thought it was an ordinance that was very important and very necessnry. MOTION by Mr. Saba. seconded by Mr. Kondrick, to recommend to City Council t e a option of new Chapter 121 entitled "Intoxicating Liquor - Consumption� Use or Display" of the F�idley City Code. Upon a voice vote. all voting aye� Vice-Chairperson Oquist declared the motion carried unanimously. 4. RECEIVE SEPTEMBER 26 1983 PARYS E RECREATION COMMISSION MINUTES: MOTION by Mr, Kondrick� secondeC by Ms, Gabel, to receive the Sept. 26� 1983. Parks 6 Recreation Canmission minutes. Mr. Kondrick stated the grand opening for both the corrmunity park end the plaza was very successful. It was exciting to see so many people turn out for the celebration. Mr. Saba stated he would like to see this carried on--some type af anniver- sary celebration every year. He thought it was really great to have so many people coming together. The theme, "fridley� Coming Together"� was real7y an appropriate th ene. Mr. Kondrick stated maybe one thing the Parks 3 Recreation Commission could do is form a project committee that would look into and work on ongoing programning for the plaza. Mr. Boardman suggested that maybe cor�panies in Fridley would be interested in sponsoring different weeks in the plaza and supply programming� exhibits, entertainment. etc. Tfie Corrmission members agreed that these were excellent ideas for the use of the new corrnunity plaza. i 8C PLANNING COMMISSION MEETING, OCTOBER 19, 1983 ____ _ PAGE 4 Mr. Saba stated the Chamber of Cortmerce might also be interested in setting up special events. He stated they have so much opportunity with the plaza. It is a good focal point for the city and a good way to show the people that tity government cares. Upon a voice vote, all voting aye, Yice-Chairperson Oquist declared the motion carried unanimously. 5. RECEIVE OCTOBER 6, 1983, HUMAN RESOURCES COMMISSION MIt�UTES: MOTION by Mr. Saba, seconded by Ms. Gabel, to receive the Oct. 6. 1983, Human Resources Commission minutes. Upon a voice vote, all voting aye. Vice-Chairperson Oquist declared the motian _ carried unanimously. 6. RECEIVE OCTOBER 11, 1983, APPEALS COMMISSION MINUTES: MOTION by Ms. Gabel, seconded by Mr. Saba, to receive the Oct. 11, 1983. p1� p- eaTs Commission minutes. Upon a voice vote, all voting aye. Vice-Chairperson Oquist declared the motion carried unanimously. 7. RECEIVE OCTOBER 11, 1983, COMMUNITY DEVELOPMENT COMMISSION MINIlTES: MOTIOii by Mr. Oquist. seconded by Mr. Nielson, to receive the Oct. 11, 1983. Community Development Cortmission minutes. Mr. Oquist stated the Community Development Comnission had their final dis- cussion on the "truth-in-housing" program. Dr. Vos had told about the problem his church had with "truth-in-housing" in Minneapolis, and his church board is now involved in litigatian. Ne stated it was the concensus of the Comnission that for what a person got out of "truth-in-housing" it probably wasn't worth it. Ms. Gabel stated she had also had a bad experience with "truth-in-housing" in Minneapolis. Mr. Boardman stated that maybe information checkli:►t forms should be made available for people who are buying a home, especially first-time home buyers. It would be an awareness kind of thing and it could be something the Corrrunnunity Development Commission might want to recoRnnend to the Anoka County Board of Realtors. Mr. Oquist agreed that was a good idea. It could be similar to the "truth-in- housing" checklist but in a modified form for home buyers. Ne stated it appears that realtors are becoming �ore aware of these kinds of things; for : 1 PLANNIN6 COM�fISSION MEETING, OCTOBER 19. 1983 __ ____PAGE _5___ example, Edina Realty does have a checklist that the seller has to fi11 out. He stated he would take this input back to the Community Development Comnission for discussion at their next meeting. Upon a voice vote, all voting aye. Vice-Chairperson Oquist declared the motion carried unanimously. ADJOURNMENT: MOTION by Mr. Saba� seconded by Mr. Kondrick� to ndjourn the meeting. Upon a vo'� e ote. all voting aye, Vice-Chairperson Oquist declared the Oct. 19, 1983. Planning Comnission meeting adjourned at 8:55 p.m. Respectfully submitted. '� �-tL ynn� Saba Recording Secretary �o`��'� cy�'y� � � � o� � �� COMME� PRESIDENT Villiam Kirber�er Minco Products, Inc. 571-)121 PRLSIDE�T-ELECT Frederick �. Huff Fridley Medic�l Center 786-2700 5 8E Phone: 571 •9781 Commerte Pa�k Oftite Buildiny, Suite 207,1362 Univertity Ave., N.E., Fridley, Minnesota 55432 � FINANCE DIR£CTOR DeG�yne Schleiss Schleiss, Hage Gish � Co. 571-6921 DIRECTORS Cary Eusch LaMaur, Inc. 571-1z3a .)ay Jeneve in First Insurance �orthtovn 786-SOIO .lohn Gargaro Fridley St�te bank S)1-2200 Barb Aune Siice Creek Agency 5)I-)200 Roger Numola Norvest Bank 3�2-9222 Jane Miller Stat Medic�l,lnc. S 7 2 -0084 Maynard Nitlsen N.Y.beli 7elephone Co. 5�1-0761 PAST PRESIDENT liancy J. Mendrickson Ninnecota .1oD Service �86-6000 EXECUTIVE DIRECTOR Kerry A• Van Fleet s��-9�ei October 7, 1983 Community Development City of Fridley 6431 University Ave. Fridley, l�l. 55432 Commission N.E. Dear Coa�ission Members, Jerry Boardman stopped into the Chamber office Wednesday, October Sth with the new proposed ordinance for peddlers. He asked that the Chamber respond and attend the reviewal on Tuesday, October 11, 1983. The Board of Directors do not meet until October 20, 1983, but, I did make copies and distributed them to the Executive Board. I will be unable to attend on October 11� 1983. We would like tc go on record as approving the new ordinance. In talking vith a number of inerchants in the area, they expressed that they feel very strongly about the peddlers vho drive in and park in someone's lot to sell fish, pictures, etc. Many have been through the building the Chamber is ho�sed in, disrupt business and do not take lightly the firm no answer. The merchants do not object to farmers and others who pay taxes, or live in the area. Then, too, many times the product is inferior or would cost less from a local business. Thank you for supporting the local merchants. We do appreciate the opportunity to review the ordinance. Whenever ve see one of these peddlers, what should be ouz course of action? Is it possible to distribute a shortened version of the ordinance for the merchants and tennants of the business buildings in the area? xvF Sincerely, ��.�� / w� • Ke ry . Van Fleet (lyls. ) Executive Director CITY OF FRIDLEY PLANNIN6 COMMISSION MEETING. NOVEMBER 9. 1983 CALL TO ORDER: Chairwoman Schnabel called the November 9, 1983, Planning Camiission meeting to order at 7:30 p.m, ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist. Ms. Gabel, Mr. Kondrick. Mr. Sa ba, Mr. Goodspeed Members Absent: Mr. Svanda _ Otl�ers Present: Jerrold Boardman, City Planner Carl Asproth, 470 Rice Creek Terrace Marlene Knight. 513 Rice Creek Terrace Anita 6 Duane Prairie, 489 Rice Creek Terrace Charles Lane, 482 Rice Creek Terrace . Narold Olsrud, 435 Rice Creek Terrace Ed Hamernik, 6740 Monroe St, N.E. James Hagen� 6736 - 7th St. N.E. David b tSarlene Richter, 6746 - 7th St. N.E. Fred b Arella Sarette, 494 Rice Creek 7errace APPROVAL OF OCTOBER 19, 1983�,, PLANNING COMMISSION MINl1TES: MOTION by Mr. Kondrick, seconded by Mr. Saba. to approve the Oct. 19, 1983. ann�ng Commission minutes as written. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. 1. PUQLIC HEARING: SPECIAL USE PERMIT, SP �83-11 QY CARL A. ASPROTN: Per Section 205.071, 3, A, o the Fri ey City Ca ed o�allow the construction of a second accessory building, a 26' by 40' detached garage, on Lot 8, Block 5, Rice Creek Terrace, Plat 4, the same being 410 Rice Creek Terrace N.E. MOTION by Mr, Oquist, seconded 6y Ms. Gabel� to open tF�e pufili� iiearing on SP �83-11 by Carl A. Asproth. Upon a voice vote, all voting aye, Chairwoman Schnabel declared tF� public hearing open at 7:32 p.m. J�r. Boardman stated the Comnission m�nbsrs had Me�no l�83-80 fran Bill Deblon regarding the special use permit request. � � 9R PLANNING COMMISSION MEETING NOVEMBER 9 1983 PAG� 2 Mr. Boardman stated the plan included in the agenda shows the house, existing garage, and where the potential garage would be located. Appareritly. there was an addition on the back of the house which does not show on the plan. Staff was not sure of the size of that addition. Until Staff knows exactly the amount of square footage of building area the petitioner has, Staff is concerned that the petitioner might be getting very tlose to t�e 25X lot coverage. 7he lot size is 13,358 sq. ft. so the maximum building area allow- able is about �3,340 sq. ft. Mr. Boardma� stated the plan (from the aerial phflto) shows 2,815 sq. ft. If the addition on the house is about 500 sq. ft Mr. �sproth may be over the 25� lot coverage. Mr. Boardman stated that when Staff looked at the property, they gave the petitioner the setback require+nents, lot coverage requirements. the size of the building allowed an the lot, and the restrictions on the use such as home occupation. Staff has some toncern with the size of the building, especially when there is an underground tunnel and a bas�nent under the structure. Mr. Boardman stated that judging from the aerial photo. there seems to be enough room by the side of the house to get a driveway back, but this won't be confirmed until a survey is done. If the Planning Comnission recommends approval of the special use permit. he would recomnend a survey be obtained before this goes to City Council. The petitioner, Carl Asproth, was in the audience. Mr. Asproth stated that as far as he was concerned. the size of the garage could be smaller. He could make the garage fit into the requirements as far as lot coverage. He stated that his son, who is a taxidermist, lives with him. Right now his son has a free2e-dry unit in the existing garage and is working in there. His son has looked at renting sane space for his business, but he cannot afford it. The reason for the new garage is for storage. Mr. Boardman asked if Mr. Asproth was planning to convert the existing garage from garage to working space. Mr. Asproth stated his son is working in the garage right now. Mr. Boardman explained that a home occupation is not an allowable use in an accessory building. Right now the existing garage i� an accessory building and cannot be used for a home occupation. Home occupation has to be run out of a living area. If Mr. Asproth turned the existing garage into living space, then the home occupation would be allowable as long as the home occupation is accessible through the living structure. Mr. Boardman stated that this was one of Staff's concerns regarding this special use permit request. It would have to be made very c7ear that a home occupation cannot operate out of an accessory building, Ms. Gabel asked Mr. Asproth the reason for constructing a tunnel. Mr. Asproth stated there would be a basement under the new garage. The tunnel would connect the hause to the basement of the new garage. ihe tunnel was necessary because his son would be moving the display cases that are presently in the basement of the house to the basement of the new garage for storage. 9B PLANNING CONr1I55I0N MEETING NOVEMBER 9 1983 PAGE 3 Ms. Schnabel asked about the construction of the tunnel Mr. Asproth stated it would be constructed of concrete blocks. It would be fire-proof with fire-proof doors on both ends. Mr. Oquist stated it appeared that the basement of the new garage would be used for display purposes to show potential custaners, and he did not think that wa5 legal, because the basement of the garage is still part of the accessory building. Mr. Goadspeed sLated he saw two problems: (1) The taxidermy business in the existing garage right na� is illegal; and (2} The use of the new facility might not be legal either. Mr. Boardman stated that if Mr. Asproth took the existing garage that is attached to the house, blocked it off so it became part of the house structure. he could use that for a home occupation as long as there is no access directly to the outside and access is gained from inside the house structure. In that situation, a special use permit would no longer be required because the first accessory building would be the new garage that is proposed. However, there is still the problem that the new garage cannot be used for any part of a home occupation. The only way he can use that new garage space for home occupation is if that structure abuts the house structure itself and becomes a part of the house structure. A portion of the new structure could still be used as garage space, and that garage space would be classified as the new accessory building. At this point, they do not know what Mr. Asproth's house 7ooks like with the addition. The way the plan is laid out and Mr. Asproth's intent for use of the new structure. he would not meet the home occupation requirement even if he did meet the 25% lot coverage requirement. Mr. Goodspeed stated it would be conceivable to expand onto the basement of the house without building on top of the basement, seal his existing garage, and then build a normal qarage. Mr. Boardman stated that was a possibility if it met all the codes. Mr. Asproth stated he wanted the building to look decent. Where fie proposed to build the garage, it would be practically hidden because ot the trees. ihe garage would be stuccoed the same as the house. 'If he added an addition to the house, it is going to affect everybody, and it will not look as nice. Ms. Schnabel stated that the Planni�g Cannission really aeeded a survey to know witiat the exact measurements were of the existing structure. Ms. Schnabel asked if there was anyone in the audience who would like to canment on this request. �lrs. Marlene Knight, 513 Rice Creek Terrace, stated she would like to have an understanding of what the coding is in this particular area. She stated that five years ago. a neighbor wanted to build a detached garage. At that time, 9C PLANNING COMMISSION MEETING NOVEIIBER 9 1983 PAGE 4 it was her understanding that there was a provision in the abstracts made by the developer in that particular nei9hborhood that no one could build a detached structure and that those structures had to be attached to the house. She stated when they bought their hause six years ago, they were infarmed of this fact by their attorney. She stated that every house in that area has an attached garage and there are no detached garages. Mr. Boardman stated tbe City does not have anythinq on covenants recorded at the City. This would be recorded at the County. When developer5 put on restrictions like this. they record the private covenants with the County. Mr. Boardman suggested Mr. Asproth check to see if he had any type of covenant on his deed, Mr. Charles Lane, 482 Rice Creek Terrace, stated that Mr, 6 Mrs. Holerud - could not be at the meeting. but they had given him a letter to bring to the planning Corrmission meeting. He read the following letter: "In regards to the request of Mr. Carl Asproth to construct a 40' x 26' building in his back yard at 470 Rice Creek Terrace� Fridley. As next door home owners, I, Carlton Holerud,and my wife, Mary P. Holerud, are opposed to a building of this size being constructed." Mr. Lane stated he would also be similarly opposed to granting a special use permit, primarily because he felt an accessory building in the back yard would detract considerably from the value of his property, if and when he would be in a position to sell it. He stated his family room looks out onto Mr. Asproth's back yard. Mrs. Ered Sarette. 494 Rice Creek Terrace.�stated she had a lPtter from Mr. Miles Gerard, 506 Rice Creek Terrace. who also could not be at the meeting. She read the follorring letter: "In reviewing proposal of a special use permit, SP �83-11, by Carl A. Asproth for construction of a second building (26' x 40') at 470 Rice Creek Terrace N.E., I feel I was misinformed at time of signing neighborhood petition. I request my signature be void from said neighborhood petition, and respectfully request you to accept my NO vote in regard to ahove proposal." ' Mr. Duane Prairi� 489 Rice Creek Terrace, stated he was sure the reason all the neighbors were at the meeting was because they were concerned with the way their neighborhood looks. from the discussion, ii sounded like a lot things were very unclear as to what was actually goi�g to happen. He stated they are concerned because there are no buildings of this type in the neighborhood, and they also want to protect the looks of their comnunity. Ms. Gabel stated it was clear tfiat tfiey cannot legally grant t�is special use permit request based on the stated use for the accessorY bvi7ding. Mr. Asproth presented a petition signed by 13 neighbors who were in favor of SUP �83-11. (One neighbor has asked to be removed.) . � PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 ___ _ PAGE 5 MOSION by Mr. Oquist, seconded by Mr. Saba, to receive into the record the pet on presented by the petitioner, the letter from Mr. b Mrs. Carlton Holerud dated Nov. 9, 1983. and the letter from Mr. Miles Gerard dated Nov. 9, 1983. Upon a voice vote, all voting aye, Chairwoman Schnabel dec]ared the motion carried unanimously. Ms. Schnabel stated it appears the Planning Comnission cannot grant this special use permit request based on the way the petitioner has presented his proposal. because it would not fall within the City's zoning guidelines. Mr. Oquist stated he thought the petitioner could add a structure onto the house that would be acceptable to everyone and would be pleasing to look at. Ms. Gahel stated she wanted the petitioner to understand that even if the neighbors were in agreement, tfie Planning Commission could.not grant thP specia] use permit request because of the intended use for the building. MOTION by Ms. Gabet, seconded by Mr. Saba, to close the public hearing on ��'$� 11 by Carl A. Asproth. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. MOT�ION �b !M�s. Gabel seconded b Mr. 0 uist to recor�nend to Ci� Council aer�ia o ec�a se ermit, 8- , y ar sprotFi�, per�ection �. o t e ri e �t o e t-` o eTTow t e construction o a secon accesso� building, a Z� 0 etac e Qarage, on ot ,��,o_c_ 5i Rice Creek Terrace, Plat 4� the same beinQ 470 Rice Creel:�'Terrace ., for the followinq_reasons: . 1. The Planninq Commission cannot le all rant this request because of the intended use of second accessor ui �nq. 2. The proposed buildin� is not comnati6`le with t e ne�g or ood. Ms, Gabel stated she did not feel the petitioner's plan had been very well thought out. An architect shou7d be consulted so this can be done in a manner that would be compatib7e with the neighborhood and the existing structure. Mr, Oquist stated they had determined that the second accessory building could only be 800 sq. ft., rather than the 1,040 sq. ft, being proposed. He agreed that the plan wasn't well planned. Even without the intended use, this structure does not fit the plan. llPON A VOICE YOTE, ALL YOTING AYE, CHAIRWOMAN SCHNABEL DECLARED T��E MOTION CARRIEO UNAP�IMOUSLY. Ms. Schnabel stated this special use permit would go to City Council on November 21. 9E PLAN'�ING COMMISSION MEETING, NOVEMpER 9 L 1983 PAGE 6 Mr. Boardman stated fie would also suggest to the petitioner that. based on the new information brought out at this meeting, it would be very hard for Staff to take this request to City Council as it is. Staff was not aware of the addition on the back of the house and what the actual square footage of the house is, They would �eed a survey before this goes to City Council. Ne stated the petitioner may even wani to considpr withdrawing this request and consider a different deve7opment that is allowed within the City Codes. 2. RECEIVE SEPTEMBER 27, 1983, ENERGY C01�9ISSION t�INUTES: MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive tl�e Sept. 27. 1963, nergy Cortmission minutes. tlpon a voice vote, al] voting aye, Chairwoman Schnabel declared the motion carried unanimously. 3. RECEIVE OCTOBER 13 1983 HOUSING b REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Saba, seconded by Mr. Goodspeed, to receive the Oct. 13, 1983, oA u� s ct 5 Redevelopment Authority minutes. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. 4. RECEIVE OCTOBER 17, 1983, PARKS b RECREATION CONMISSION MINUTES_: MOTION by Mr. Kondrick, seconded by Mr. Goodspeed� to receive the Oct. 17, 7983. a� rcT—s & Recreation Comnission minutes. ' Mr. Kondrick stated that on page 14, the Cpnmission had made a motion recommending that "the City of Fridley enter into an agreement with the Northeast Chamber Orchestra with an upper limit of five concerts in the City of Fridley for the 1984 year at �150/concert; and with the Fridley City Band for six concerts in the park with an upper limit of nine total concerts in the City of Fridley at �150/concert". He stated three members voted for the motion, one voted against the motion, and one member abstained. Mr. Kondrick stated that in a previous decision on Sept. 27, 1982, by the Parks b Recreation Commission to underwrite the cost of music and supplies and underwrite 1i4 of the directors' salaries for the Northeast Chamber and City Band with a phase-out of the directors' salaries, the Commission did not feel they had considered the overall plan of the Parks & Recreation Commission which is to provide entertainment and recreational programs far all and perhaps the omission of some funds for that particular type of activity was averlooked. Ms. Gabe� stated she agreed the City needed more culture. She had looked through the Parks & Recreation brochure and also became a little angry about the statement that the Parks b Recreation Department is totally sports-oriented. That was not a fair statement. She stated the �30 fee/person set by the 9F PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 PAGE 7 Northeast Chamber was not even �3/month, and she really felt it was a dis- proportionate amount compared to what people are required to pay to parti- ci Pate in any activity through parks and recreation. A good examp7e was volleyball and 6asketball tees rrhich range from �50-285 to participate. Ms. Gabel stated she has a child wh� plays an instrument and also plays in sports so she knows about the cost of the instrument, music lessons, and the expense of it. Then� when the child participates in a sport with the FYSA, there are quite a few expenses. There is an FYSA family fee of �5. a�16-18 participation fee, and for one sport, it was ��0 for used equipment. That totalled �80 for 3-4 months. In addition, the FYSA litera�ly demands a lot of volunteer time from people who participate. She stated s�e also bel�nQs to a 7ot of other orga�izations. and it is her feelina that if these organi- zations want to exist badly enough, they will exist. She did not think it was bad that the City help support these two organizations, but she did think they were not doing enough to contribute to their own survival. Ms. Gabe� stated it is the disproportionate amount of funds that really bothered her. Last time, they talked about certain other organizatians that had their funding cut out totally by the City. Mr. Kondrick stated that, although it may be true that funds have stopped for other programs, the Parks b Recreation Commission cann�t concern themselves with tiiose. That is not the Parks & Recreation Comnission's function. It is a concern to the Cor►mission as people living in Fridley, but the Parks b Recreation Corrmission's job as a commission is to provide opportunity for recreation in Fridley. That is really what the issue is here. Ms. Gabe1 stated she did not dispute the fee. but what these two organizations have done is to find a new way for the City to fund them without having to put forth much effort. ` Mr. Oquist stated he wondered what paying the Northeast Chamber and City Band would do to their amateur status. He wondered if they were getting enough Fridley people to watch these concerts to make the �150/concert worthwhile. Mr. Goodspeed stated he agreed with Ms. Gabel. These people do play for their own enjoyment, and if they don't get money from the City, they wi]1 find it somewhere. UPON A VOICE YOTE. ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MINUTES RECEIVED. PLANNING COMf4ISSI0N MEETING, NOVEMBER 9, 1983 PAGE 8 5. RECEIVE QCTOBER 18, 1983� ENVIRONMENTAL QUALITY CONPIISSION MINUTES: M07ION by Mr. Oquist. seconded by Mr. Kondrick. to receive the Oct. 18, 1983. nF ironmental Quality Comnisslon minuteS. Upon a voice vote. all voting aye� Chairworoan Schna6el declared the motion carried unanimously. 6. RECEIVE OCTOBER 25, 1963 L APPEALS COMMISSION MINUTES: MOTION by Ms. Gabel, seconded by Mr. Saba, to receive the Oct. Z5, 1983, p]�pe s Commission minutes. Upon a voice vote, all voting aye. Chairwoman Schnabel declared the motion carried unanimously. 7. RECEIVE OCTOBER 25, 1983, ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Oct. 25, 1983, nergy Commission minutes. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. ADJOURNMENT; MOTION by Mr, Oquist, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the November 9, 1983, Planning Coim�ission meeting adjourned at 10:15 p.m. Respectfully submitted, Lyn e Saba Recording Secretary 9G CARLTON S. HOLERUD 4g8 Rice Creek Terr. - flridley. Minn. 55�+32 Nov. 9. 19�3 To whom it may concern� In regards to the recuest of Nr. Carl Asproth to coard att4?04Rice CreekuTerrn� in his back y Fridley. As next door home owners. I Carlton Nolerud and my wife f�ary P. Holerud are orFosed to 8 buildin¢ of this size bein� constructed. You ru . Carlton S. Hol � 9H 9I � Nove:nber 9, 19fi3 To: PiA.y:�ING COt��:iSSiOh - --�- �--� --. ... Dear Sirs: --- -------• -- -- - - . _ . In reviewing propos�l of e specie.l use permit SP � 83-'11. --- ---- __ __ by _Carl A. Asproth i'or construction of a second building . - � �26 ft. X 40 St.) �t 470 Rice Cree;c TErrsce N.E. , I Seel I was Nisinforr�ed at time oS sfgniag nEighborhood �etition. _ � I request my signature be void from szid neighborhaod petition, and respECtfully request you to accept my h� vote in regare • to above proposal. Res�ectfully. /� � ��' _. _ _ . -- - - ��CL� _ _ __ A;iles G. 0 zrc -- 506 Rice Creek TErrace home Owner . .__.. . . .. _ ' i _/.�.�-• / , r,� i.l:,• ,' � ! .., - -- �� N � v o� o f' �.Qr.�' �-s ��-3 �� 9 J � ��C' ��"!' �J o,J`� F; � sP��. � �o s� o?., 3, �i o l- � �' • �r i c�� ' y p f� j �c ('.E' << /' � � �P�9 c c �'� �' ? . _ ,. �� _ � �..-�. - 9,I� S' �' �'c2 �} � � � ,. � �'`P � tr c�, , . 7S� - 7 ��, �?. �. �. � 6126 N•�.7TX.S7 r,, ►� � � ,; � , . „ ., � + �!� � �`�L�� `-�' . b� d � � � �� ,»;� . i L,L! ! t- �s !�'t- `�- - �-�- � � , . -T-- �� .�. ��- v ?.� // !/ 2 /! �. �� z . , � ! � � +� . 1 � ` � .. � � � 2 �� , � L �... ,�..�. _ rr d_ lv 7�L 77f� 5T ,S/� l� `�r _ � � / � ' °-�- ��- �, -� � �� '1 � i i .z. � _ �7 j� z- �.r .� u� '�G�/ !�• ? f`� ,��:� f�� ' l/ � �� S� �/S- (c� t�-w /� {� j/ z � - . ; E gK 10 MINDERENGINEERiNG CO.,INC. ENGI NEERS AND SURuF`�'nR S LANO OUQVEY�NO Special Use��Permit, SP #83-11 � c��►. �. M�w��o..� ENOiNEERiNO Carl Asproth, 470 Rice Creek Terrace 6418-SG*" AVENUE N. . I�AINtJEAPOUS 'ZT, MtNN. ' KE 7- 363T ��li��'iI1��C��i� �� S !N�''�� r' / �� Q ��TY �-I��.�� , I�tiC. � �_-_,_ - - ___-=__-==___- __--_-- - � , 5caic : ! =;:�' .'. ,.,^ , , � ;'' `kl i . V'� I� � �\ �\ _ � � �, v. Y� , � 30 ' �X�sTi�v� yl , Hovs � 3 0 . \ �� '�. \��. i �'� � _�_ � \ �.. _� . ;� . � � • � � �•1 • , tx�'s T, f,. �. G� ��GE �NO�,� � ; . , ��; . � � ,,� , Zy �•. ` v Gk'p� ;,�� ,.. t 2 S �N�c�� `/ , . •' ,V P� � ��... ' ' � � � » .1Z ' � ,�,`� j ao , . t , d '� �Z7'r y, ; y�� _ �3s , � � �� ,l�-� G �-� s - �r �r ,� � ;, , s � � �. �' wl �f �``-�-� ; z� � I _'_" � /�� , t J� J. ��•�/G� � . �.��cn �r� ��.' ��il'�C'.p �i�Q� `�' WE NEREBY CERT�FY TMAT TMiS IS ►� 7RUE 1WD CORRECT RECRiSENT^71p1J OF A SURYEY OF TNE BOU►�DA2�E5 OF TNE �MiD t+90YE DESCRiBED A*tD 0� TNE IOCATlOFI OF �U,. 8Ut�0iNG5 � IF fwY, TKEREON , AND ALL V►Sl9tE EH(ROA�HMEWTS, �F ANY. FROM, oR oN s►.ro t.r�NV. •!�,11�1��R ENGINEERING CO., INC. onTED TM�s on�! oc A`"' .�-•j wo i!s 5 EWG'�tEERS �wD iuRvEYORS _ � , ,, . - � - , , "/ � � - • , . 1 � T►.• c�sv os Fq{ L Y__ ATE RO�A UBJECT DtRECTORATE OF PUBLIC WC�RKS �November 8, 1983 D.pW, Bill Deblon - Planni Special Use Permit, SP �83-11 for Second Accessory Building at 470 Rice Creek Terrace N.E. ME�40 N0. 83-80 TO Jerrold L. Boardman 9L MEMOAANDUM CitY Plan�e ACTION� INfO. On October 12, 1983, the owner of the above property filed application for a special use permit in order to construct a second accessory building, (a 40' x 26' detached garage�. I informed the petitioner of all the laws affecting the con- stuction and use of the accessory structure. Those laws involved: 1. Setbacks 2. Lot caverage 3. Size of building 4. Restrictions on use (especially home occupation) 5. Special Use Permit process The applicant informed me that the new structure would be used for storage of a • recreational trailer and other materials. A site plan was prepared using an existing boundarysurvey of the pr�perty and a 1978 aerial ph�to. (The original 1958 structure was damaged by the 1965 tornado and records of the recanstruction and new additions does not exist.) For these reasons, the site pian may not be very accurate and dimensions should be verified. The dimensions, including lot coverage, appear to meet the code. If the Planning Commission approves of the concept of this second accessory buiiding, the house side yard setback, among others, should be field verified by survey. : �r � MSD/de � � , , � _ 9 l � Z �;N" ' _1t��! � j •�'�„� \ ' � .1 � �� v � � �r.v''_ ^ ' bO"= _ ,.s Y�- . �! ��,. 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'S�// S/?/ y3/ yb�� y9S �. 5d1 SA3 �Q S.� � S3� (�/� ,v .a. 3TATE AI� HIGHWAY NO. fi .�,�---- �- ,��; • ._� � �`-�,t =_ , � �,. ,_::.�� ' _• =-- ��"�SSfSS{�f � � 'CE`NTfR� K � : • - _ , fY: . y . { . � . _ _ - : S C. '� � � ;., � r � - ' - _ , . � . :.,_ ,; . :�. � , . • •! CI7Y OF f RIDLEY APPEALS COMMISSION MEETING, OCTOBER 25. 1983 CALL' TO ORDER• Chairperson Gabel called the October 25, 1983, Appeals Comnission meeting to order at 7:31 p.m. ROLL CALL• Members Present: Pat Gabel, Jean Gerou, Jim Plemel Members Absent: Alex Barna, Donald Betzold Otf�ers Present: Darrell Clark� City of Fridley Maureen Steinwall� 8043 - 5th St. N.E. Carl A. Steinwall, 8043 - 5th St. N.E. Donald Giersdorf, 1301 Mississippi St. N.E. APPROVAL OF OCTOBER 11, 1983L APPEALS COMMISSION MINUTES: MOTION by Ms. Gerou. seconded by Mr. Plemel, to approve the Oct. 11� 1983, pA peaTs Comnission minutes as written. Upon a voice vote� all voting aye. Chairperson Gabel declared the motion carried unanimously. 1. REQUES? FOR A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE , ESTATES 2r;D AD�ITION TNE SAr�iE BE1NG 7895 RAraCHERS ROAD N.E., FRIDLEY �ES equest y Carl F. Steinwall. 895 RancTiers oa ,.., ri edj y; Fin. 55432) MOTION by Ms. Gerou, seconded by Mr. Plemel, to open the public hearing. Upon a voice vote, all voting aye, Chairperson Gabel declared the public hearing open at 7:33 p.m. Chairperson Gabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 7$95 Ranchers Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.183, 4C, requires a rear yard setback of not less than twenty-five (25)feet. � Public purpose served by this requirement is to provide adequate open areas around industrial structures for aesthetic and fire fighting purposes. i 9N op APPEALS COf4M1SSI0N MEETING, OCTOSER 25. 1983 '� _ PAGE 2 B. STATED HARDSHIP: '.. "Existing loading dock is 15 feet from the rear property tine." C. AD�4INISTRATIVE STAFF REYIEW: If the Board moves to approve this request. Ne recommend that: (1) There be no outside storage after construction. (2) That the petitioner review tfie existing lar�dscaping and add some additional landscaping if necessary. �_ (3) That the east wall of the enclosure be constructed to a one-hour fire rating since it is closer than 20 feet to the lot line. Mr. C1ark stated he had an aerial photo which shows the open loading dock. The petitioner wants to enclose Lhe loading dock so it will be out of the weather during the winter months. He stated Mr. Deblon has looked at the property and would like to work with the petitioner on some additional landscaping. Ms. Gabel asked Mr. Steinwall to explain his hardship ns it was not very well defined in the staff report. Mr. Steinwall stated the loading dock slopes down to become loading height for the trucks. In the wintertime, water and ice form in the loading dock which keeps raising the trucks up and almost makes the loading dock unusable. Trucks also get stuck. So, the pro6lem is with the loading dock and they are proposing to cover the whole area and put in a loading dock door to keep out the snow and elements. He stated he did not know if they would go block construction or metal construction. He did not know what the City would prefer. Ms. Gabe1 stated that as long as the cover blends in with the rest of the building and meets the building codes, the Comnission would not have a problem Mith the type of construction used. MOTION by Mr. Plemel, seconded by Ms. Gerou. to close the public hearing. Upon a voice vote, all voting aye. Chairperson Gabel declared the public hearing closed at 7:41 p.m. Mr. Plemel stated he had no objections to this request as long as the stipu- lations suggested by Staff are followed, and the loading dock cover ties in with the general construction of the building. APPEALS COh4�1ISSI0N MEETING, OCTOBER 25, 1983 PAGE 3 MOTION by Ms. Gerou. seconded by Mr. Plemel. to recornmend to Cfty Council �Fie`approval of the variance request to reduce the required rear yard from 25' to 15' to allow the construction of a cover for a loading dock. located on Lot 8, 61ock 2, East Ranch Estates. 2nd Addition, the same'being 7895 Ranchers Road N.E.. fridley. Mn., with the following stipulations: 1. There de no outside storage after construction. 2. That the petitioner review the existing landscaping �nd add some additional landscaping if necessary. 3. That the east w�ll of the enclosure be constructed to a one-hour fire rating since it is closer than 20 ft. to the lot line. Upon a voice vote. all voting aye. Chairperson Gabel declared the motion carried unanimously. Ms. Gabel stated this would go to City Council on Nov. 21. 2. REQUEST FOR A VARIANCE PURSUANT 70 CHAPTER 214 OF THE FRIDLEY C1TY CODE INCREASE THE SIZE OF A FREE STANDING SIGN FR M HE AXI UM �f 80 SQ— .�'T. . (TH LOT 10 AUDITOR TDLEY�Itr'tiE- Sa'�� . N. . , ri ey. IS 94 SQ. FT. E SUBDIVISJON �10 equest y ona . 55432) ST ING�LOCATED ON�HE�TES��S��. FT. HE SAME BE1NG 6501 CE�r'TRAL�CVENUE- N� .`. � .�ers or�—i30Ti�fi tss ss pi pi MOTION by Ms. Gerou. seconded by Mr. Plemel, to open the public hearing. Upon a voice vote. all voting aye, Chairperson Gabet declared the public hearing open at 7:44 p.m. Chairperson Gabel read the Staff Report: ♦DNIAISTRATIYE ST�FP aEPORT 6501 Ceatral lvenue M.E. �. pUBLIC PORPOSE SEROED B7 REQDIRE)�iT: Y • � � Sectioa 21�.045, 2B, requires a oazimum eighty (80) equare feet for a free atandiag sign per development. Public purpose aerved by LDis requirement is to control ♦iaual pollution and ezcessive uae of aign� in oommercia] areas. B. STATED HIRDSHIP: 'Ne are located so !ar from Central ivenue tbat the BarDer i Besuty St,ep are aot aoticed Dy potential eustomera; �any ot the local people sre telling ua they did not kaow ve vere Dere and i feel ve are lo�ing a lot of Dusiness potential. Io tbe tea plus Teara Z�ave Deen in Duainess bere, I have auftered over =3�000 ia dnmagea and tDe added light overbead Mill po�sibly cut dovn oa tbe •andalism.' - - - - — y— - � - APPEALS COMMISSION MEETING, OCTOBER 25. 1983 _�____ PAGE 4 _ C. LDHIHISTRI?I7E S?lFF �E9IaY: . � On FeDruary 20� t983� the ovners ot tbis property Mere contacted ana reQuested to conduct routine �aintenance on tDe `BarDer Shop" sign panels. Zn addition� they vere required to remove the aDandoned sign structure teat nov holds the "Don'a BarDer and Beauty Salon" sign panela. In May. 1983� the exi�ting "Barber Shop" aign panels were removed and Lne pole painted. On SeptemDer 20� t983 a rein�pection was conducted and it va� oDserved tAat along xith the reconditioned 'BarDer Shop" aign� a oex sign "Don'a BarDer and Beauty Salen" bad Deen erected. The •BarDer Shop" aign vas originally erected on Narch 9� 1970 under Sign fermit 110567 and the routine maintenance tbat Ma� done on tAis aign did Aot effect its statu� a� a legal nonconforming sign. Tbe sign structure that aow bolds the "Don'a BarDer and Beauty Salon" aign va� originally erected on June 1. 197T. Sometime after tDat date and for aDout two years prior to � this time period, the atructure remained vacant. This resulted in the aign structure losing its legal nonconforming atataa sinee ii remained vacant for . longer tbsn 3�onths (Sec. 214.05� PeragrapD 7C). Before the nev aign panels were erected� this Droperty had tvo exi�ting pylon eign�: one w�th appro:imately 61 aquare feet ot aign area and one vith 15 sQuare teet of aign area. Since these vere erected under aign permits� they are permitted even though the total of 96 aQuare teet is in exceas ot the permitted 80 sQuare i'eet. Tbe �eW addition of a 4' s 6• i2L aQ. ft.) sign reQuire� teat a•ariance be sranted to iacrea�e the per�itted total aignage allowed to 120 sQuare i'eet. It tbe Board approves Lbi� reQuesi, ve Dave no stipulation� to recommend. Mr. Clark stated Staff has received a letter of consent to the variance from the shopping center owner. 7hey felt it was important to have this consent because, since there are other tenants in the center� they wanted to make sure the owner knew he was already in excess, but he would be more in excess if anyone else would request a sign. MOTION by Mr. Plemel. seconded by Ms. Gerou, to receive the letter from Greg Johnson, President. Country House. Inc., dated Oct. 24. 1983. Upon a voice vote. all voting aye. Chairperson Gabel declared the motion carried unanimously. � . � Mr. Giersdorf stated the pole had been there 15 yrs. unpainted and the signs dilapidated. About April 1, 1983, some kids shot out the rest of the existing signs, so when he got a notice from the City stating the signs had to be redone or dismantled. he hired someone to have the pole repainted. He also purchased plexi-glass and started making inserts for the signs. He spent about 5600 redoing the signs. He stated he has a beauty shop. in addition to the barber shop, that he started two years ago, and people say they don't know where he is. So, that is why he put up the new sign, "Oon's Barber Shop and Beauty Salon". As long as the old sign was already hanging there vacant, he did not know he was doing anything wrong by putting in the plexi- glass panels. Ne was not aware a variance was needed until he was notified by the Ci ty. � APPEALS COMMISSION MEETING, OCTOBER 25, 1983 PAGE 5 Mr. Clark asked Mr. Giersdorf if he wanted both signs or just one of them. Mr. Giersdorf stated he would be satisfied with one; it is a duplication, but one sign belongs to the landlord and one belongs to him. ',He has a bill of sale from the 7V shop selling hi�a the sign. He stated he would like to keep the one that has his name on it. Mr. Clark stated that if Mr. Giersdorf would be satisfied with one sign, that would change the variance,as the variance includes both signs. He could still do it, but instead of going to 120 sq. ft., he would be going to 105 sq. ft., because the smaller sign is 15 sq. ft. Ms. Gabel stated the landlord's sign could be taken down and stored without any problem, It seemed redundant to have both signs up. Mr. Giersdorf stated that wou7d be alright with him if it was alright with the landlord. Mr. Clerk stated the owner of the other beauty shop next to Don's Barber Shop and Beauty Salon had wanted to put a sign on this pylan. She was told she could not without a variance, so she has changed her mind and has reapplied for a wall sign on the mansard. A signage plan for all the wall signs in the center will be going to City Council on Nov. 7. MOTION by Ms. Gerou, seconded by Mr. Plemel, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Gabel declared the public hearing closed at 7:55 p.m. Mr. Plemel stated he could understand Mr. Giersdorf's need for more exposure. There did seem to be a duplication with the signs, and he would recomrnend they approve the variance to 105 sq. ft. and remove the small "Barber Shop" sign. MOTION by Mr. Plemel, seconded by Ms. Gerou, to recorrmend to City Council t�ie approval of a variance to increase the size of a free standing sign from the maximum of 80 sq, ft. to 105 sq, ft., located on the west'258 sq. ft. of Lot 10. Auditor's Subaivision #10, the same being 6501 Central Avenue N.E., Fridley, Minnesota. with the stipulation that the smaller "Barber Shop' be removed. Ms. Gabel recommended that Mr. Giersdorf discuss this with the landlord prior to the City Council meeting on Nov. 21. Upon a voice vote, all voting aye, Chairperson Gabel declared the motion carried unanimously. 9R APPEALS COMMISSION MEETING, OCTOBER 25 L1983 PAGE 6 ADJOURNMENT• MOTION by Mr. Plemel, seconded by Ms. Gerou, volce vote, all voting aye, Chairperson Gabel Appeals Comnission meeting adjourned at 8:00 Respectfully s bmitted. .� yn a a Recording Secretary to adjourn the meeting. Upon a declared the Octobe'r 25, 1983. p.m. �S � L - --_ .� -- -- i� � 1 � 0 �' � •1 ♦ � O � ! 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I5 i �(!. c s 60 � Z �� •�., i '4i'f ' .�� / z / 2 � Z � s�' ao,.� �a,�, � ' ' 5 � RLS. 27 • : vice � � t�ti.:,�w ��o) ' : � � i � „��s bSo1 �� . �� t38t 139► o t415 s = rv � � � _ �*' ,� • 113� � �«F I�B9 �so � / , ...,,ur... � _..,+Rr,,... _ ..�.ss !_ s. ..�. � sr i • o � - - ��— =. • ..s •t • ENT A �— EC. / , - . , , . ., . �'�4� ,: : ;,�� ° �''�� . . _ �+''`�'yvp�'; "'`�` o �►� PARKS & RECREATION COhMISSION MEETING, OCTOQER 17, 1983 PAGE 9 Mr. Henrikson stated this is the finest facility in the world right now for horseshoe. � Mr. Kondrick stated he thought having an indoor horseshoe facility in the City would be a great addition to the parks program. MOTION by Ms. Schreiner, seconded by Ms. Seeger. that the Parks b e�creation Commission has heard the proposal from the Fridley Horseshoe Club about the new indoor horseshoe facility, The Commission feels it would be a great addition to the City of Fridley and would recommend that City Staff work with Anoka County and the Fridley Horseshoe Club regarding the facility. Mr. Henrikson stated he and his wife are publicity directors for horse- shoe for the whole state of Minnesota. They hold clinics and organize new leagues all over the state. They do a lot of promotional-type work. They feel this year alone they have brought 300 new players to the sport. They also gfve instructional clinics. Mr. Campbell stated that until now, they have had just officers, but they are now going to form a board of directors. They want to get more people involved, and when they do this, they are going to develop other programs, one of which will be instruction. Mr. Schroer stated Joe Frank, one of the Horseshoe Club members, has been working with the high school students. and a lot of interest has been shown in the sport. Ms. Seeger stated she liked the idea that it included every age group. U on a voice vote a�l votin a e Chair erson Kondrick declared the motion carr�e unanimous y. Mr. Kondrick thanked Mr. Schroer, Mr. Campbell, and Mr. Henrikson for coming to the meeting. d. Northeast Ghamber Qrchestra and Fridley City Band Mr. Bob Scott stated he was speaking for the Northeast Chamber. He stated that last year when they attended the Commission meeting, they were very impressed with the suggestions made by the Commission members, and because of it, the Chamber has instituted a number of changes. They are now asking their members to give a donation. They have set an average of $30, knowing some cannot give that much� but encouraging some to give more. They have begun a campaign to raise funds outside the group. Mr. Scott stated their chagrin in being turned down for funding is that the present Parks b Recreation Commission seems to support athletics and sports, period. They think that is too bad, because there have been other aspects of recreation in Fridley for a number of years. They do think 0 PARKS & RECREATION COMMISSION MEETING, OCTOBER 17� 1983 _ PAGE 10 some support from the City ought to be forthcoming to have a balanced program in order to show that tfie City is interested in sometfiing other than softball and hockey. He was impressed with the peop7e from the Fridley Horseshoe Club. He liked to see a variety of athletics coming in where more people of a wider age group can participate. Mr. Scott stated that the Canmission had made the point that when people participate in other activities. they pay a fee that helps support the umpires and other direct expenses. On the other hand, the City makes available ball parks to play in, maintenance of the parks, electricity for lighting, and a great deal of administrative overhead. So, compared to those costs. they feel the Northeast Chamber is asking for an extremely modest sum. They would like the Commission to reconsider their minor request of �700, which is probably less than 1/10 of the Parks & Recreation total budget. Mr. Scott stated the Northeast Chamber has played in a number of engage- ments in and out of the City of Fridley. Wherever they go, they represent the City of Fridley. He stated he was very impressed with the nevr plaza. There is a nice area in the plaza for concerts, and they would like to play some concerts there. Mr. Kondrick asked how many performances the Northeast Chamber puts on in the City of Fridley each year. Ms. Setty Scott stated there are about 4-6 concerts a year in Fridley. {is. Seeg�►� asked how many total performances were held in and out of Fridlev. Mr. Scott stated there were 4-8 tatal performances. Mr. Young stated that because he had played in a high school band for many years, he knew there were filing cabinets full of music. Knowing the Fridley schools did have an orchestra program, had any endeavor been made to work with Community Education to share music with the Fridley schools? Ms. Scott stated they have not. She would guess the orchestra at this point could not play the type of music the Northeast Chamber plays. They play harder music than what the high school plavs. She stated it was a good sugvestion and she would check into it, but she did not think there would be anything their group could use because the school orchestra program really never went that far. Mr. Young stated that other chamber ensembles in the Twin Cities area must be facing this same problem. Mavbe the Northeast Chamber should look at organi2ing a metropolitan library of music for chamber ensembles that could be used on a shared basis. �. rCiJ PARKS & RECREATION COMMISSION MEETING, OCTOBER 17 � 1983 PAGE 11 Ms. Scott stated they have traded music with the St. Anthony orchestra; however, there is a difference in groups. They call themselves a chamber orchestra, and there is a difference between a symphony and an ensemble in the kind of music they play. ' Mr. Scott stated they will check with the Fridley schools. He stated some areas do have combined music libraries. The difficulty is there should be some responsible central agency to do it and one doesn't exist right now. Without an agency, people are a little hesitant to let go of a good score because scores are expensive. Ms. Schreiner stated she was impressed with Mr. Scott's presentation. She felt the Northeast Chamber had made a lot of effort to try to get them- selves into position� and they did take the Corrmission's recormendations. : She felt very badly about what the Commission had done in the past, but they had had some philosophical questions about it. She really felt the Commission should reconsider its position on this. She found it apalling to see what the City spends on ice maintenance and then turn down a request for �700. Dr. Boudreau referred to the Sept. 27, 1982, Parks b Recreation Commission minutes, where a motion was made "to recommend that for both the Northeast Chamber and the Fridley City Band, the City continue to underwrite the cost of the music and supplies ($600 - N.E. Chamber; �500 - City Band), but only to underwrite one-fourth (1/4) of the directors' salaries-- three months into the coming year which would allow them time to prepare for the phase-out of the directors' salaries". Dr. Boudreau stated they are now talking 1984, and the 1984 budget has been submitted to the City Council. In the 1984 budget, there is a cate- gory called "professional services". Was there a way where the City could contract for the services of the Northeast Chamber and the City Band on a professional services basis at, for example, �100/concert for concerts held in Fridley? The City Band does perform six concerts now for the City of Fridley, and the Northeast Chamber apparently puts on 4-6 concerts in Fridley. Mr. Richard Kinsman stated he would like to give a little background on the City Band. It was formed in 1960 so they have been playing for 23 yrs. For those 23 yrs., they have played concerts in the sumner, one in the winter, a lot of dedications. several Aquatennial band concerts or parades. They have always worn their Fridley jackets so Fridley benefits from what they do. Although the City has contributed to them� they like to think they have also given the City sor�ething in return. Their budget has been around 51,500/yr, for nearly 23 years. Despite inflation, they felt there was no need to try to get more money. 7hey have a good library, but it is nice to expand a little each year. Their biggest expense is their director, and they really need a professional direttor. 9t PARKS & RECREATION COMMISSIOt� MEE7ING, OCT08ER 17, 1983 _ _ PAGE 12 Mr. Kinsman stated the City Band has exchanged music Nith' the Fridley high school, so they feel they have done a lot to keep expenses down. He stated the idea of contracting or playing for a fee was a good idea; however, he did not think �100/concert was enough. Mr. Kinsman stated that several of their members are willing to pay a fee. but they cannot charge enough to pay the director's salary. He would suggest 5200/concert for six concerts in the sumner and one in the winter. and they would also be available to do other things. He stated he felt the City Band needs �1,400-1,500 to pay their director and buy additional music. They feel the band is a great asset to the City. and he thought it was great when a city band can play for an event such as the plaza/ community park grand opening on Oct. 7-8. Ms. Schreiner asked if the City Band has attempted any fundraising efforts such as the Northeast Chamber has done. A member of the City Band stated they have tried but have not had any luck. She stated that because the band has such a heavy summer schedule, they are often rehearsing two nights a week for six weeks for the concerts in the park. This year they played nine concerts--six sumner concerts, one park dedication, one winter concert, and one concert at Village Green. So, even though they love to play, there is a great demand on their time. Because the band is able to play outside, it is a little different than the Northeast Chamber. Mr. Kinsman stated that if the band was to not survive, it would be extremely difficult to get it started again when times were better financially. Ms. Seeger stated she has always felt the Northeast Chamber and the City Band contributed greatly to the community, and it was not an area that should be cut. Mr. Kondrick stated it was great that the groups were able to perform in other communities, in nursing homes, etc., and it must give them great personal satisfaction and joy, but fie was particularly concerned about the number of concerts that are played in Fridley for the people in Fridley. He w�uld suggest that the City contract for those concerts that are in Fridley, and then have a maximum of "x" amount of concerts per year. Dr. Boudreau suggested the City contract with the Northeast Chamber for five concerts a year within the City of Fridley at �150/concert with an upper limit of $750; and contract with the Fridley City Band for six concerts in the park at �150/concert with the possibility of three addi- tional concerts with an upper limit of �1,350. Mr. Kinsman stated that was satisfactory to him. 9 A� PARKS b RECREATION COMMISSION MEETING, OCTOBER 17, 1983 PAGE 13 Mr. Young stated he would vote "no" to this proposal, because as he had stated last year, when the City of Fridley cannot see fit to feed the people of Fridley or meet their social needs, he did not see where they should provide for their cultural benefits. For example. last month 50 families in Fridley were provided food, Fridley has the highest median income in all of Anoka County. There are 175 families in Fridley who make over �75,000/yr., which brings the median income up. There is also more poverty in the City of Fridley than in all of Anoka County. Being involved in a group for seven years that has fed people, provided them with clothing� trying to meet their needs, when the City of Fridley cannot provide $1,500 to help feed people, he could not see feeding them through their ears. He stated he played in a band for nine years from grade school� jr, high, high school, and college, so he was not against music. He hoped the members of the Northeast Chamber and the City Band could understand his feelings and that he could not see paying for music when the City won't feed people. Mr. Scott stated he would be willing to take nothing for the Northeast Chamber if the City would give that 5700 to feed the people of Fridley. He asked if Mr. Young makes the same speech when people come in asking for money for hockey or for horseshoes or for softball. Mr. Young stated they have to understand that the people paying hockey are also paying more than �30/yr. to participate in the program. He stated he also took exception to Mr. Scott's comment that,the Parks b Recreation Commission was totally interested in athletics. If Mr, Scott was to look at the fall activities brochure, sumner activities brochure, or any activities brochure put out by the Parks 3 Recreation Department, he would see that there was very little in the way of athletics. Ten years ago, that was true. He believed that out of the 130+ activities being offered now, maybe 20-25 are athletic. All the rest are in the areas of handicrafts, cultural activities, etc., so the Parks & Recreation Depart- ment and the Parks b Recreation Commission are not interested totally in athletics. He stated that in answer to Mr. Scott's question� he would also vote "no" to more money for the NAF. Mr. Allen stated he respected what Mr. Young had to say. ��He also resented the implications and insinuations that the Commission is only trying to run an athletic program. He stated he does have great sympathy for both the Northeast Chamber and the City Band. He realized the dedication that went into being a member of either group. He felt the compromise suggested by Dr. Boudreau of s150/concert was more than fair and was more than he had expected. Ne stated he still wondered how much effort has really been made to raise money. He knew other groups are raising money--he saw it through his job and while being on this Commission; and he was bewildered at the lack of being able to raise money for something that seems to be so tre- mendously important. Dr. Boudreau stated the philosophy of the Parks & Recreation Oepartment has always been for a well-rounded recreation program that will run year- around. He thought that philosophy has been accepted by the Parks b Recreation Carmission a's a base for their being. If they are to have a � .. PARKS b RECREATION COMMISSION MEETING, OC708ER 17, 1983 ___ _ PAGE 14 e. well-rounded program, that means athletics and sports, cultural arts, hobbies, clubs, special events, etc., and that is what they are trying to get their program geared toward. He stated the Parks b Recreation Department staff and himself as director are directly concerned about the wide gamut of recreational activities available within the City. That was the reason for the compromise he had suggested with the full understanding that it is up to the Commission to make the recommendation. Mr. Kondrick stated he also resented it when people say all the City's money goes into athletic-type activities. The City does try to offer a well-rounded program. Mr. Scott stated he did want to see the Parks b Recreation Department's budget and the specifics on it. He did not doubt they had a wide spectrum of recreation, but he would still like to see where the dollars are going. He stated the City's compromise was going to work much better for the City Band than it was for the Northeast Chamber. because they are two different kinds of organizations. Dr. Boudreau stated the city budget will be available to the public either at City Nall or the Anoka County library right after it is approved by the City Council. MOTION by Ms. Schreiner, seconded by Ms. Seeger� that the City of Fridley enter into an agreement with the Northeast Chamber Orchestra with an upper limit of 5 concerts in the City of Fridley for the 1984 year at �150/ concert; and with the Fridley City Band for 6 concerts in the park with an upper limit of 9 total concerts in the City of Fridley at �150/concert. U�on a voice vote, Kondrick� SeeoerL and Schreiner voting_aye, Young votin na , and Allen abstainin , Chair erson Kon3rick iiecfare� the motion carrie . Mr. KondriEk stated he wauld like to enter into the record'a letter he had just received from Agnes Wolf, member of the Northeast Chamber, requesting that the Commission reconsider and perhaps find some dol]ars for this organization. Winter Sport Fee Schedule Mr. Kirk gave the Comnission members a list of the 1983-84 basketball a nd vol]eyball fees. He stated there were five fees to be approved. The increase in fees is approx. 10�. The lowest increase was �5 for the Couples Fun Volleyball, because there is no cost for officials. The fee goes strictly for supervision and equipment. i� City of Fridley CHARTER COMNISSION MEETING - THURSDAY, SEPTEMBER 15, 1983 PAGE 1 CALL TO ORDER; Chairman Walt Starwalt called the Charter Comnission meeting of September 15, 1983, to order at 7.30 p.m. ROLL CAIL: Members Present: Walt Starwalt, Donald Betzold, Ralph Stouffer, Robert Schmidt, David Pinks, Pat Kindom, Peter Treuenfels, Francis van Dan, Susan Jackson and Margaret Hendley Members Absent: Robert Peterson, Larry Commers. Bruce Nelson, Robert Pierce and Irene Maertens Others Present: Nasim Quershi, City Manager Bill Hunt, Administration, City Dennis Schneider, Councilman APPROVAL OF CHAFTER COMMISSION MINUTES OF MAY 19, 1983: MOTION by Mr. T�euenfels, seconded by Mr. Schmidt, to approve the UPON A YOICE VOTE, ALL YOTING AYE, CHAIRMAN STARWALT OECLARED THE UNANIMOUSLY. 1. INTRODUCTION OF NEW CHARTER COMMISSION MEMBER: 10 mi�nutes as Nritten. MqTION CARRIED � Chairman Starwalt introduced and welcomed Donald 8etzold as the new Charter Commission member who replaces Jean Schell. ' 2. A Review of Section 6 02, Powers and Duties of the City Manager: Councilman Schneider was present for this agenda item. He expressed concern that the removal of the requirement to notify the City Council of hiring and firing done by the City Manager �emoves accountability from the Council. He said he was com- fortable with the change which would allow the City Manager to remove employees as long as the Council is notified as to what is going on. Mr. Schneider presented his version of a compromise (see attached "A"). He cfianged Section (b) and added a Section (c) and explained that the City Manager would be free to dismiss an employee but would have to notify the Council. He also explained that this would re-number the sections. Mr. Starwalt felt this was not much af a change and what the Commission had submitted had been reviewed carefully. Mr. Schneider felt it was a very significant c6ange as the previous wording did not require any notice and his wording provides for that. Mr. Quershi said that everybody is appointed now except the City Clerk and City Attorney and that he could fire employees as long as the Council is notified. He felt this was a counter-balance as the City Manager should have control over the staff and Council retains authority of hiring. Ms. Jackson asked if he would have enough autharity to do his job. Mr. Quershi stated the City Manager is totally accountable to the Council and that any oversight by the Council is paramount as they are elected by the City. 10 A Charter Cortmission Meeting - September 15, 1983 Page 2 Mr. Stouffer asked how notification would take place. Mr. Schneider said it would be office communication from the City Manager after termination has taken place. Mr. Stouffer said he would like the section to state written notification and Mr. Schneider said he had no problem with those words and the language probably needed some cleaning up. Mr. van Dan felt Mr. Schneider's words were a little ambiguous as they made no difference between the diffe�ent grades of employees and asked if the Council wanted notification on every hourly employee and department head and nhat about the people the department heads hire (water department, street repairs, etc.). Mr. Quershi explained that the department heads or supervisors make a recomnendation to him and then he submits it to the Council for approval. Ms. Jackson noted that the Council cannot approach the City Manager to tell him who to hire. Mr. Hunt clarified that further by stating t�at the Council can take no initiative in hiring and cannot submit any names. He said the only time they get involved is wfi en their concurrence is needed. Mr. Treuenfels said he would like to review in light of human rights and that the Council is only notified when someone is going to be hired and they are not notified why an applicant is not hired and what if someone believes there is discrimination and that a terminated employee has no recourse. Mr. van Dan stated a terminated employee can go to his or her Councilman if there is discrimination or termination. Ms. Hendley felt the sections submitted by Mr. Schneider were too brief and not specific enough, Mr. Schneider said he had no problem if words were added. Mr. van Dan felt the brevity of the wording left it open for interpretation. Mr.Hunt said there are personnel policies in the Code from informal to formal procedures. Mr. Quershi dis�ussed this section further and stated the two areas being looked at are the powers the Council has over the City Manager and the authority the City Manager has over employees. Mr. Schneider felt his proposal is a compromise and does not give the City Manager any more protection. Councilman Schneider and Mr. Quershi left the meeting at this time; there being no further questions. MOTION by Ms. Jackson, seconded by Mr. Stouffer, Lhst the Charter Comnission recommends the amending of Section 6.02, Powers and Duties of the City Manager, of the Fridley City Charter, to read as follows: "... (b) To appoint, with the consent and approval of the council, all subordinate officers and employees; (c) To remove any subordinate officer or employee, provided that the council is notified." and to re-letter the standing sections accordingly. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN STARWALT OECLARED THE MOTION CARRIED UNANIMQUStY. M07ION by Ms. Jackson, seconded by Mr. Treuenfels, that the Charter Commission recommends the amending of Section 6.04, Subordinate Officers, of the Fridley City Charter, to read as follows: 10� Charter Comnisston Meeting — September 15, 1983 Page 3 "Section 6.04. SUBORDINAiE OFFICERS. 7here shall be a city cterk, city treasurer, city attorney and such other officers subordinate to the city manager as the council may provide for my ordinance(s). The city clerk sha11 be subject to the direction of the city manager and sha11 fiave such duties in connection with keeping of the public records, the custody, and disbursement of the public funds, and general administration of the city's affairs as shall be ordained by the council. He may be designated to act as secretary to the council. The council may be ordinance abolish offices which have been created by ordinance and it may combine the duties of various offices as it may see fit." UPON A YOICE VOTE, ALL VOTING AYE, CHAIRMAP� STARWALT DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hunt said he would check whether or not public hearings are needed on these items. B. Status Report on Otfie� Charter Amendments: Mr. Hunt reported that the City Council did take action on Sections 2.03, 2.05, 6.04 and 8.05 and the public hearing and first reading was June 6, 1983 and will go into effect 90 days after publication. On Section 3.01, he stated the public hearing was July 11, 1983 and the first reading on August 8, 1983 and will probably go into effect around Thanksgiving. 3. A. Discussion of Section 5.15, Filing of Petition: Ms. Jackson said she has some proposed words for this section and would bring them to the next meeting 4. A. Discussion of Meeting Time: Ms. Hendley said she had some concerns and suggestions regarding the meeting time. Chairman Starwalt the tardiness just happens every �ow and then and tabled the discussion until the next meeting. The next Charter Commission meeting will be on Thursday, October 20, 1983. MOTION by Mr. Pinks, seconded by Mr. Stouffer, to adjourn. UPON A�VOICE VOTE, ALL YOTING AYE, CHAIRN,AN STARWALT DECLARED THE CNARTER COMMISSION MEETING OF SEPTEMBER 15, 1983 ADJOURNED AT 9:08 P.M. Respectfully submitted, ,� `��- Deb Niznik, Recording Secretary 10 C tettion (b) Attachment "A" 6.02 TOVERS M'D DVIlES OF Tli� CIIY MAJ`AGER �,`�r,� To appoint, eai�E��t�s�ilE�6�rE the council. all;�r officers tMitllt/�tNEfilttt/�tdti�E/; C', �j�� 7 vith the consent and appzoval oi and employees E�ttl�1/lt/id/tMtt (c) To re�ove anv sub�dinate �fflser or em�loyee. vrovided that the touncil is notified. Section 6.04 SUBORDI�ATE OFFICERS. There srall be a city clerk. city treasurer, city attorney and such otl�er officers subordinate to the city �anager as the couacil may provide for by ordinance(s). TM�/titt/iildtl►Ef ft/1E�11 /6tttll��(�1/fKf11/�l/I��Et�lE1 /1i�/i1�E/ttit%�lifitt�l�It tM/I��tdtil 6i/flii/Idd�l11. The city clerk shsll be subject to tre direction of the city manager and shall have such duties in connection vith keeping of the public records, t�e custody. and disbursement of the public funds. and the general •dID�T1�SLTiLSOA of the city'c affairs as shall be ordained by the council. He may be designated to act �s secretary to the council. The council may by ordinance abolish office�s vhich have been created by ordinance and it may combine the duties of various offices as it aiay see fit. ra■ c�T� os FRI �- Y o�AECTOAAYE oF PUBLIC WORKS OATE November 10, 1983 FROM D.P.W. John Flora SUBJECT FMC Water Agreement 11 MEMORANDUM TO ACTION INFO• Nasim Qures��:, City Mana er x In August we connected the FMC plant to our City water and sewer systems. FMC is anticipated to use approximately 1,000,000 gallons of water per day. During the hot summer months this increased de�and may adversely affect our water supply. Accordingly, we have negotiated with FMC for them to provide the City 5250,000.00 so that we will have funds to produce another well if it were found necessary. Based upon this hook-up charge, they have requested a reduced rate schedule for water purchased, similar to that provided the Webb Corporation. This incorporates a credit of 41% of the current rate per 1,000 gallons over the first 200,000 aallons used each month for a period of 5 years unless the 5250,000 is used up earlier. Recommend the City Council faborably consider the attached agreement. JGF/de � i 0 AGREFTiENT This agreement entered into effective 1983, by and �betveen the cicy of Fridley, with offices at 6431 Univercity Ave. N.E.. �ridley, Minnesota (hereafter "Fridley") and Northern Ordaance Division of !MC Corporation, with offices at 4800 East River Road. Fridley. Minnesota (heresf ter "iTlC") . WHERFAS. FMC desires to purchase water from Fridley to meet the potable and other needs of the Naval Industrial Reserve Ordnance Plant and related offices it operates at the above address. WHEREAS. Fridley is agreeable to meeting F!!C's vater needs pzoviding FMC pays a tvo hundred and fifty thousand dollar (S250.000} hookup charge. NOW THEREFORE. in consideration of the premises and for other good and valuable consideration. the parties agree as follovs: l. TER*i This contract shall continue in effect for a maximum of five (S) years from the effective dste. 2. USE AND CHARACTER OF SERVICE Fridley 6ha11 Qell and deliver to FMC and FTlC shall purchase and receive from Fridley during the term of this agreement water as required at the premises operated by F?fC at 6600 East River Road, including tfie Nava] Industrial Reserve Ordnance Plant - Tiinneapolis. Such watez shall be furnished by Fridley by pipeline undez suitable pressure from the system of bedrock wells that seivice its customers. 3. SPECIAL RATES MiC vill receive a credit at 41X of the current rate per thousand gallons of vater usage over 200.000 gallons per month as of the effective date of this agreement. For all water purchased under this agreement. FMC agrees - 1 - I li a to pay Fridley a r�te which cozresponds to forty one percent (41X) less than the lovest rate on Fridley'c rate schedule. as the schedule �ay be �odified and made effective for all users from time to time. sased upon tht total vater usege. if during the life of this agreement the accumulated � dlfference betveen the special rate charge and normal city vater rate charge equals tvo hundred and fifty thousand dollars ($250.000), the special rate vill be terminated �nd i�lC shall from that time forvard. pay the normal city vater rate. �. !lETERIrG 4later service vill be measured by �eter(s) to be furnished and installed by FlfC st it6 expense. and all bills vill be calculated upon registration - of properly functioning meters. S. ACCESS TO PRF�SISES Fridley ehall have the right of access to F!!C's premises at all reasonable times far the purpose of reading and inspecting any meter devices and other equipment used in connection vith the furnishing of vater service. Fridley recognizes that special 6ecurity precautions may be required from time to time relating to access to FMC's premises. 6. INTER.RUYI'IOr OF SERVICE FzidleS shall not be liable for damage for any failure to meet F!�SC's vater requirements vhen iuch failure is caused by scts of God. the public enemy or health or environmental authorities. or other causes beyond its reasonable control and vithout its fault or negligence. 7. FUTURE EXPANSION In the event of eny future looping of municipal vater line. i�IC vill allov connection onto their private trunk line, vhich ie connected to Fzidley Vell �13. pzoviding FMC's water supply is aot impaired thereby. — 2 — 11 B 8. AS S I GNI�1T Neither party may assign this agreement except upon the vritten consent of the other party, provided that �7�iC may assign this agreement to a : successor at substantially all of Northern Ordnance Division•s business or a�uccessor opezator to the Naval Ordnance Plant -?iinneapolis. In witness whereof, the parties have executed this agreement effective the date first wzitten above. CITY OF FRIDLEY BY {Jilliam J. Nee � ITS Mayor BY Nasim M. Qureshi ITS City ?�lanagez FMC CORPORATION BY � T. E. Epley ITS Vice President and General Manager 11 C � AGREF�lENT This agreement, ma�e and entered into this of , 1983, by aad between the City of Fridley. • Ninnesota municipal corporation, in the Co��nty of Anoka, State of Minnesota, hereinafter refezred to as "the City", and /laoka County Coarrwnications Morkshop, Incorporated, a nonprofit cozporation in the County of Ano{ca, State of Minnesota, Witnesseth: For and in considera�ion of the promises, covenants, terms and provisions lurein �oi,teined, the parties hereto mutually agree as follows: 1. Period of Agreemeat. This agreement for a 12 month period, ahall be effective Jenuazy 1, 1984 througA December 31� 1984, unless other�aise termineted by either party t�ith 90 days �►zitten notice. Upon termination of the agreea,ent� aIl unco�►itted portions of the grant ahall be returned to ihe City. Final determinetion of any such uncocrmitted amount sha11 be •s determined and agreed upon by the City Menager wd Anokb County Ccmruunications Workshop, Inc. 2. Hesponsihilities of Arioka Co�nty Co�a��unicatioas W:,rkst�op� Inc. Anoka County Co�r:unications Morkshop. Inc. agrees to provide, on behalf of the City, services to Fridley residents as folloWS: a. To educate members of the public to the Qotential uses of video communicetions in the community. b. To p=ovide training and technical assistance that Will promote citi2en use of available cablecasting facilities as a non-commercial means of conmunicatioa. c. To serve as a resource center for information, materials and equipment relating to the use of video ss a corrmunicetions medium. d. To serve as a receiving, holding and disbursing entity for monies intended to promote non-conmercial citizen use of the video mediu. e. To provide at the request of the City, assistance to City staff in the programning of its government access channel. at no additional cost. 3. Anoka Caunty Comnunications Horkshop, Inc. further agrees to keep and maintain a qualified staff of personnel, both paid and volunteer, necessary to perform the services hezein set forth. 4. For the period of this agreement the City will grant to Anoka County Communications Yorkshop, Inc. Lhe sum of the equivalent of 2'/. of the gross revenues, or 40?. of the S� franchise fee from the current cable . company to the City. Said amount shall be payable in quarterly equal amounts on the first busiaess day of January, Apzil, July and October, 1984. 5. Anoka County Co�nunications Workshop,-Iac. shall keep accurate and complete records of all financial transactions and shall provide to the City, on a quarterly basis April 1, 1984� July l, 1984, October 1, 1984, and February 1, 1985, a complete written financial report of ita operations during the peziod of this agreemeat. Said records shall include an accounting system maintained in a generally accepted manner, including, if applicable, the filing of proper tax returns to the Federal and State governments, such as payroll tax returns or corporate income tax retums (or permitted alternates). Upon request, said records ahall be avail.able for inspectiori by the City Manager, or his designee, members of the Council, and Cable Commission members duriag regular busiaess hours. AGREi�lIIr'T Page 2 �A 6. Ar►oka County Comnunicatioas Workshop, Inc. ahall provide to ihe City a �rritten rePort of its operational activities, including Whatever data Will essist the City in evaluating the effectiveness of the Anoka County Conmunications Yorkshop, Inc. in the Qrovision of the services herein set fozth. Said zeport vill be provided to the City Within aixty (60) days after completion of this agreement. Anoka County Co�unications Workshop, Inc. Will also provide interim progress reports of its opera- tional activities'l►pril 1, 1964, July 1, 1984, October 1, 1984, aad February l, 1985. 7. Anoka County Comnunications Morkshop� Inc. shall indemnify, save and hold harmless the City and all of its officers, agents and employees froc� any and all claims for losses. in�uries, damages end liabilities to persons or property occasioned wholly or in part by the acts or omissions of Anoka County Coumunications Workshop� Inc., its agents, officers� employees� members, guests, patrons or any person or persons associated with Ar1oka County Communications Workshop, Inc. for any purpose. 8. Insurance. Anoka County Coamunications Workshop, Inc. vill provide proof of liability insurance, neming the City as an additional insured in an amount and form as approved by the City Manager. 9. Anoka County Communications Workshop, Inc. shall provide to the Cfty documentation that it has obtained nonprofit exempt stetus fzom the Federal Internal Revenue Service and the State of Minnesota Department of Revenue. 10. It is understood and agreed that no alteration or variation of the terms this egreement shall be valid unless mede in Writing and signed by the parties hereto. 11. In the event of a breach by Anoka County Cortmunications Yorkshop, Inc. of the terms or conditions of the Agreement, the City shall have, in addition to any other legal recouzse, the right to terminate this Agreement forthwith. In witness whereof, the parties have caused the Agreement to be executed by their proper officers� thereunto duly authorized. Witness: Witaess: �' '� % / � � CITY OF FRIDLEY NASiM M. QURESHI City Manager WILLIAM J. NEE I�layor ANOKA COUNTY CO�AIUNICATIONS ilORKSHOP, INC. /�i�. . /�(/G � iURK A. NEUMM-SCOTT Chairperson � q o�.. J s BwuER J Treasurez TMa c�TV o� FRI L- Y . pIqECTOFiATE OF puB�ic woRKs AT E November 15, 1983 ROM D.P.W. �ohn F1 ora UBJECT Public Works Mutual Aid Association Nasim M. TO 13 MEMORANC]UM ACTION INFO• X The Minnesota Association of Public Works has established a cooperative agreement for Regional t�lutual Aid Association. This proposal will provide a mechanism for cities to assist each other in the event of emergencies or disaster events. It follows the same format that is used by the Fire Department for mutual aid. I'm in favor of this agreement and used the format that Bob Aldrich has used in the past. If any major emergency should occur, this agreement and organization would allow for immediate support on a voluntary basis from cities within the aid pact. Recommend the City Council consider entering into this cooper•ative agreement. JGF/de � � �rrial t�. - �ss3 •r.• � • �� ►:�.• i • � � � •��:�;�•. .r.�,� ,;, -�• � � • . ;�. �s � ;� �� f� � � • ;, � � i � .�M:�� BE IT R�SOLVID by the City of Fridley as follvws: WHII2E'.AS, the City of Fridley desires to become a menber of the Regional Mutual Aid Association and its Director of Public Works is its authorized representative, and; Public Works Superintendent its alternative representative, and; WHEREAS, a mutual need exists between members of the Regional Mutual Aid Association to share and assist one another in the areas of emergency, disaster oontrol, and mitigation, and; WHg2f'AS, the City of Fridley oonsiders it ta be in the best interests of the City to enter into a mutual agreenent with the other mant�ers of the Regional Mutual Aid Association. 1�J, Z�iEREFORE, BE IT RF�OLVID, that the City of Fridley enter into agreement with the Regional tdutual Aid Association and hereby a�thorizes its Director of Public Works to represent the City of Fridley in this association and the City �lanager is authorized to sign said agreement in behalf of said City of Fridley. PASSID APID ADOPTID BY THE CITY aXJNCIL OF �4iE CITY OF FRIDLEY �iIS QAY OF , 1983. WILLIAM J. I�E - MAYOR ATI'£ST: SIDNb'Y C. II�f�1N - CITY CLF.RK ?f 8%17/15 13 A �P�1� MINNESOTA CHAPTER American Public Works Association Dear Local Government Leader: What if a m3jor tornado, windstorm, or flood hit your area today? Would you have enough manpower and equipment to cope with such events? Experience has shown that no single organization is able to adequately deal with these situations. To help overcome this problem, the Ffinnesota Chapter of the American Public Works Association (I�1PhA), has concluded that a neh cooperative approach would be very beneficial to most local government or- ganizations. The solution would be for the government agencies to set up mutual aid assistance groups around the state to provide the basis of aiding each other when such major events occur. Police and fire departments have used similar approaches successfully for many years. Such aid would be done totally on a voluntary basis with no one being required to provide either manpoa�er, r.or equipment to any other organization, unless they chose to do so. By entering into a joint cooperative agreement no►.• for the use of other or- ganizations, personnel and equipment, you will be prepared for fast action. You would have information already available shoHing what equipment others own, who to contact (including after working hours), and be able to mo�•e at once, without red tape delays. The cost of operating such associations is anticipated to be extremely small. q�� ._ � Please review the accompanying model resolution and mutual aid agreement, or give it to the appropriate individual in your organization. I hope that it Mill explain the.proposed approach. If you have any questions, please list them ►.ith the tear-off portion of the next pa�e, contact any of the committee members, or attend the fall meeting of MPIv'A scheduled for November 17 and 18, Brooklyn Park, Minnesota. Please do not put off consideration of this idea on the assumption that it would not happen to you,the feeling that others would not actually help with your problem, or that it would not be useful. First-hand experience in my community, as the result of a tornado in 1981, demonstrated very clearly that it can happen to you, others do have resources and a willingness to assist, and being ready and prepared is a tremendous help. 13 � 13 C The MPNA is Nilling to help get the local governments in your area organized, , In order to do so, we need to know your reaction and interest, even if it is , negative. Please return the tear-off portion belo� with the appropriate infor- mation. Thank you very much for your assistance. Charles V. Honchell, Chairman Administrative bfanagement Coam�ittee Minnesota Public tiorks Association 2660 Civic Center Drive Roseville, hlinnesota 55113 . (612) 484-3371 OTHER COMPfITTEE I�h1BERS: Duane Elliott Ken Stevens, John Flora Shozt-Elliott-Hendrickson Public Works Alaintenance Dept. City of Fridley 222 E. Little Canada Road Hennepin County 6431 University Ave.NE St. Paul, Minnesota 55117 320 Washington Ave., So. Fridley, t�finnesota (612) 484-0272 llopkins, (�finnesota 55343 55432 (612) 935-3381 (612) 571-3450 RESPO:�DE-hT �� TI TLE LOCAL G0�'EFt,��fEtiT ADDRESS: Phone No. ( ) CO?�II�iENTS OR QUESTIONS : OPIhIO\ I favor the concept and k�ould like � to be inclucled in future actions. I am interested, but need more � information. 1Jot interested. U � � JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES _ REGIONAL MUTUAL AID ASSOCIATION I. PURPOSE 13 D The City/County recognizes that it has authority pursuant to the provisions of the Joint Exerc:ise of PoMers Act, Sec. 471.59, Minnecota Statutes, to enter into an agreement to jointly and cooperatively exercise a po�:er common to each of the con- tracting poMer:�, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ing to utiliza�tion of resources to counteract natural and aan made disasters com�►on to all communiities, together with power and authority to implement such services as set forth. II. DEFINITIO;N OF 7'EiUlS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party to this Agreement. Subd. 2. "Eligible party" meansa governmental or corporation unit which is entitled to become a party to this Agreement, at its oa�n option. Subd. 3. parties. Subd. 4. questing party. "Requesting party" means a party which requests assistance from o�her "Responding party" neans a party which provides assistance to a re- � Subd. 5. "Assistance" includes personnel, materials and equipment. Subd. 6. "Requesting official" means the person who has been designated by the requesting party to request assistance from other parties. Subd. 7. "Responding official" means the person ►►ho has been designated by a party to dete�-mine �►hether and to xhat extent that party should provide assistance to a requesting ��arty. Subd. 8. "Emergency" means a sudden and unforeseen situation requiring immediate sction beyond the requesting partys' capability. III. PARTIES Subd. 1. The parties to this Agreement shall consist of the members of the Re- gional Mutual Aid Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be fox�.�arded by the me�er party to- gether with a certified copy of the resolution authorizing the Agreement. Subd. 2. The Secretary of the Regional Mutual Aid Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties to this Agreement, he shall notify the designated responding official of each of th�e part i�:s of such change . 13E a Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall • submit a list c�f their equipment to the Association Secretary. 'this equipment list • shall be update�d annually and submitted to the Association Secretary by December 31st of each ye�ar. Subd. 4. 7he Association Secretary shall distribute the equipment lists to all Dembers. An eq�uipment addendum sheet shall be distributed to all �ember parties by January 30th o!' each year. IV. PROCEDURE Subd. l. Each party shall designate, and keep on file With the Secretary of the Regional Mu�tual Aid Association the name of the person of that party who shall be its reqvesting official and responding official. A party may designate alternate officials to act in the absence of the primary official. Subd. 2. Whenever, in the opinion of a requesting official of a party, there is a need for s.ssistance from other parties to assist the requesting party, such re- questing official may, in his discretion, tall upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting party necessary or requested personnel� materials, and equipment (without undue delay.) Subd. 3. Upon the receipt of a request for assistance from a party, the respond- ing official for any other party may authorize and direct the personnel of the res- ponding party to provide assistance to the requesting party. Khether the responding party shall pro�vide such assistance to the requesting party and, if so, to what ex- tent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him Within the governmental structure of the party by Which he is employed.) Failure to provide assista.nce xill not result in liability to a party. Subd. 4. N►hen a responding party provides assistance under the terms of this Agreement, it a►ay in turn request assistance from other parties as 'backup" during the time that it is providing assistance outside its boundaries. Subd. S. Whenever a responding party has provided assistance to a requesting party, the resF�onding official may at any time recall such assistance or any part thereaf to the responding party, if the responding official in his best judgment deems this is in the best interest of his own agency. Subd. 6. iVhen a responding party supplies equipment and personnel to a request- ing party, said eqiapment and personnel shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Miorker's� Compensation of the responding party; and shall othen.ise be deemed to be performin�g their regular duties for the responding party. However, the res- ponding party s.hall undertake to coordinate with the requesting party the assistance �fiich it provid�es. The requesting party shall provide all routine fueling and servic- ing of responde�nts equipment, materials, and assume all costs thereof during the assistance peri.od. -2- Subd. 7. A responding party shall be responsible for its oM�n personnel, equ�ment and �materials and for injuries or death to any personnel or damage to any such equi�pment or naterials, except that tmused equipment and materials pro- vided by the ;responding party shall be returned to the respondinQ party by the requesting party When circ�stances permit this to be done. The requesting and responding pa:rties may review any equipaent repaired to determine if such repair was directly �related to the emergency operation. If mutually agreed that repairs sre required, they shall be the responsibility of the requesting party. Any dis- agreement which cannot be resolved by the responding and requesting parties should be resolved b)� a comQnittee established from the Regional Mutual Aid Association. Subd. 8. The zesponding party shall maintain such records of the cost of labor, equipme�nt and materials provided; and hours of work or operation as deemed necessary for recovery of costs in the event the incident becomes eliAible for Federal or St:ite Disaster Assistance. If declared eligible, these costs shall then be reimbiirsed by the requesting party in full or in a prorate share of assistance prc�vided. Subd. 9. The requesting party shall not be responsible for any injuries, losses or dama.ges to persons or property arising out of the acts of any of the personnel of a, responding party. Nor shall the responding party be responsible for injuries, losses or damages arising out of the acts of any of the personnel af the requesting, party or the personnel of any other responding party. Subd. 10. Technical service and assistance of non-en�ergency nature may be requested and/or provided by the parties to this Agreement. V. IJ�SURA.'vCE Each party to this Agreement shall maintain insurance policies covering per- sonaland Public liability in the amountof not les6 than 5300,000 for each of the above mentioned risks and Worker's Compensation for its personnel. Said policies shall cover damage or injury caused by negligent operation of its vehicles while operating �der the terms of this Agreement outside of its corporate limits or contract areas. Each member shall furnish the associatiun with a Certificate of Insurance on the policies in force, or letter stating self insurance at said limits. VI. wIT?iDR�1iiAL AND TERMINATION Any party may �ithdra►: at any time upon thirty (30) days written notice to the Secretary i�f the Regional Mutual Aid Association; such a party may become a party if later entering into this Agreement. The Secretary of the Regional Mutual Aid Ass��ciation shall thereupon give notice of such withdrakal, and of the effective date thereof, to all other parties. as hereinbefore provided. -3- �3 F � VII. EE'F'FXTIVE IIAT£ 13 G �i s Agreenent shall beooa�e effective on IN WI�SS WH�F, the �dersic�ed, on behalf of their governmental unit, have euecuted this Agreement pursuant to authorization by the • � an the day of . 19�. RF�IaNAi, I+LTlUAL AID ASSC�IATIDN BY= Pres��dent BY= Secretary Date :_ LnUNI'Y t)F ATI'FS'T: BY� �ai cman of Co�mty Board Date :_ RDC1()NlNiENDID BY: BY= Co�mty F�gineer Date•._ � �� CIZY OF BY' .�y� Date: � �� Y�V�:1\I�.�1� �� BY� City Manager/Clerk BY� Director of Public Works/City E�g. .. • }, • �►�a� • BY' •County/City Attorney Date: � . r . . �1STI'IUTmN ANA BY-I.AWS •, :i� R�I�II�+,i. NiTnIAL AID ASSOCIAT�JN ARTICLE I Name ar�d Pu�pose Sec. I This organization shall be known as "The Regional Mutual Aid Associaiion'. ` Sec. II �he purpose o� m��bership in this association shall be to assist one another in an energency, t�o exchange ideas of equiprnent and methods of dealing with energencies, and to protect the lives and property of our respective areas in the case of any energency or d.isaster. ARTICI.E II Menbership Sec. I Membership in this association shall refer to public works dep3rt��ts, or its equivalent departrnent. Sec. II Any public wozks departrnent in the area that can be of reciprocal service� to the other members of said organization, and are from incorpo�-ated Villages, Cities, or Co�ties, and are approved by a simple majority of the membership shall be eligible for menbership in this associaitian. Sec. II:[ The follaaing shall be known as menbers of this association as of January 1, : .13 N 13 I ARTICI.E III Dues � Sec. I Each depa rbnent shall p�y an annual membership fee of 510.00 per year, Whicii shall be due and payable on January 31 of each year. ARTICLE N Off ioers Sec. I TY�e offioers of the association shall be President, Vice President and a Secretary-ZYeasurer, and shatl o�nstitute the executive oornnittee. Sec. II The President shall have the follawing duties: To call nll regular and special meetings; to preside and preserve order at all meetings,; to appoint oa�nittees; to see that subordinate officers execute the obligations and duties of their respective offives to the best of their ability. Sec. II7: �e Vice President shall have the follaaing duties: Zb assist the Presider�t in the discharge of his regular duties, and in the event of the absence of the President, to ass�ne the duties of President. Sec. N�e Secretary-Treasurer shall have the follawing duties: To call roll; tc> keep a record of all proceedings of the association; to collect all dues� and other monies due the association; to pay out said monies on the order of the association; and to send notices of all regular and special meetings of the association. �e Secretary shall make an itemized report c�f all incan►e and expenses to be presented at the first regular meeting of each year. In addition, the Secretary shall maintain a current list of all manbers in the association and shall maintain an uFr-to-date list of ineanbers' equipment which shall be distributed to members on an annual l�asis. ARTICLE V Meetings Sec. I TY�e regular meeting of the association shall be held in Novenber of each year. �e time and location wi11 be determined by the executive oo�m�ittee. Sec. II Special meetings shall be called by the President with at least seven days written notioe to the manbership. Sec. III A simple roajority af the m�mbership shall oonstitute a quorun. Sec. N 7he Roberts Rules of Order shall gavern. Sec. V Each mer�ber shall have one vote. � �RTICLE VI Elections Sec. I �e election of offioers shall be held at the regular meeting of each yea,r. Rhis election shall be by secret b�allot. . Sec. II �e offivers of the association shall be electec] for a tem a�f two years. Sec. III In the event of a vacancy xcuring in the offiae of the president, the vioe presioE:.� ��ill su�oeed to that offioe. �he president will appoint replaoer�ent offioers for all vacancies. ARTICLE VII Cotmittees Sec. I The association shall have the follvwing annual committees: Executive; Film and Training Aicls, and Safety. Sec. II Any ao�rtanittee shall have the authority to request assistance from any me�bers of the association. Sec. III It shall be the duty of the Executive Committee to handle all matters that pertain to state legislation on matters of importance to the association. Sec. N It shall be the duty of the Fi1m and Training Aids Committee to preview all new equipment training films and training aids and make reca:�ndations to the association regarding purchase. This arn*.anittee may be charged with maintaining a film and training aid library and schedule the use by ma�bers only. Sec. V It shall be the dvty of the Safety CarQnittee ta keep all members advised �f new safety practioes and equigne�t. ARTICI.E VIII Am�nent and Dissolution Sec. I No aanencinent shall be made to these By-I.aeas �mless proposed at the regular�neeting in Wzitirg. Sec. II An ame�c�nent requires a two-thirds majority vote of the entire man�ership for acoeptance. Sec. III �is association may be disbanded by a thre�fourths vote of the entire mer�bership of the association, and a published or served notice shall be given to all ma��bers for that purpose at least one month before such a v�te shall be taken. 13 J r►�a c�TV os pIqECTOFiATE OF i�UBLIC WORKS FR1 �- Y . - ATE November 14, 1983 _ � R I�A John Flora Widening of Highway #65 Approach Lane Nasim Qureshi TO 14 M EM O A A N D UM ACTION� INFO� The Minnesota Depar�tment of Transportation plans on widening the westerly approach lane from Highway #�65 ta I694 next March. 7here is sufficient, right-of-way available and this project will not require any cost participation by the City. Recomrnend the City Council approve the plans for the improver.ient and authorize the attached resolutior�. JGF/de 0 0 i: �.-. , v .,. ,• • :�. P;ESOLDTION APPROVING THE MINNESOTA DEPARTMENT OF 4RANSPORTATION PRELIMINARY LAYOUTS FOR WIDENING TH 65 E�E'IWEFN �I 694 AI�ID WF�T M�ORE I�AI� �tIVE WHERF,AS, the Ca�nissioner of the Department of Transportation has prepared a preliminary layout for the improvenent of a part of Trunk Highway Number 5 renunbered as Tri.mk Highway No. 65 within the corporate limits of the City of Fridley, from T.H. 694 to West Moore Lake Drive; and seeks the approval thereof, and WHgtFAS, said prelimir�ary layouts are on file in the Offioe of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 1 S.P. 0207-47 (65=5) from T.H. 694 to West Moore Lake Drive. N(x9, THEREFORE, BE IT RESOLVID that said preliminary layouts for the impravanent af said Tr�mk Highway with the wrporate limits be and hereby are appraved. PASSID AND ,ADOPTID BY �iE CITY �CTNCIL OF �iE CITY OF FRIDLEY TH IS DAY OF , 1983. WII�LIAM J. I�E - MAYOR ATI'F.ST : SIDNEY C. Il'.�Il'�IAN - CITY Q,ERR 02/8/17/18 14 A �� oF Minnesota Department of Trans�portation District Five 5801 Duluth Street Golden Valley, Minnesota 55422 (6l2) 545•3761 Octo'ber 7, 1983 Mr. Richard N. Sobiech Fridley Public Works Director 6431 University Avenue NE Fridley, MN 55432 Re: SP 0207-47 (TH 65) Layout Transmittal Dear Mr. Sobiech: Please find attached two Mn/DOT staff approved layouts for SP 0207-47 and two sets of approval forms. The project was developed to minimize congestion on TH 65 and facilitate traffic management on I-694. It is programmed for a March 1984 letting. —_�—�.�.._.-� �The project will not require cost participation by your City or additional right of way. The approval forms are attached for use at your discretion. Final plans and specifications will be submitted for City approval when available. If you have any questions or require further informatfon, please contact me at 545-3761, extension 156. Thank you for your cooperation in this matter. 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Y,': ':..: `fy��.. ,t '.> ��, , ` d .-�� +" �f <.- �7 5.�. !',y�.�' �( fit. � ^� .. , "?`� �+.�. t ' ' s ' � -.. .R ' _: ,a !?�. �" t -..� .' .-r � 1-' ..� _ . r� _ ��;y � � � � `A� r� � ex �' - "-. . - BBSO[.0'ti0e �0. _. - 1983 � RSSOLIITIOK •PPHOOIAG • 3IIBDIYISZ01�, LO? SPLI?, I..3. �83-04, TO SPLI'f P�RT OF LO? 1� ,UDI?OR'S SIIBDIYISIO� /0. 89. ixro PeacE[.s ��an s, ?HS SAMB BEING 7299 ��D T2o� HIGflNdT 65 �.8. WHEREAS, The City Council approved a lot split at the October 17, 1983, meetiag, and WHEREAS, such approval xas to to create trro parcels described as (A) The North 331.00 feet of the ilest 250 Peet of the N 1/2 of the Northeast Quarter of the Southxest Quarter, being a part of What is noW kno�n as Lot 1, Auditor's Subdivision No. 89 and that part of the North 1/2 of the NorthWest Quarter of the Southwest Quarter lying East of State Highxay #65 all being in Section 12, Township 30, Range 2u, Anoka County, Minnesota. Subject to road easements o�ver the North 33.00 feet and the West 30.00 Peet. Also subject to other easem�ents, if any; the same being 7299 Highr+ay �65 N.E., and (B) The West 250 feet of the North 1I2 of the Northeast Quarter of the Southwest Quarter, be:ing a part of what is nox knor+n as Lot 1, Auditor's Subdiyision No. 89 and that part of the North 1/2 of the North�+est Quarter of the Southwest Quarter lyi;ng East of State HighWay �b5 all being in Section 12� ToWnship 30, Range 2�, A;noka County� Hinnesota, except the North 331.00 feet. Subject to road easem��nts over Lhe South 60.00 feet and the West 30.00 feet. Also subject to i�ther easements, if any, the same being 7201 Highxay #65 N.E. iiHEREAS, the City has received the required Certificate of Survey from Ashland Oil Company,�Superamerica, and WHEREAS, such approval Kill allox development oP Parcel A as a service station and Pareel ]3 as a future light industrial building site. NOW, THEREFORE BE IT RESOLVED. that the City Council directs the County of Anoka to rec:ord this lot split within six months of this approval or else sueh approval sh:�il be null and void. PASSED AND IIDOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983.. WILLZAM J. NEE - MAYOR ATTFST: SIDNEY C. IIi(MAN - CITY CLERK 2/8/9/3 15 SP /83-09 and L.S. �83-04 Superamerita . 7299 and 7201 Highway #�65 N.E. 1 0 � N �-1 a � � s .. � � a s o► � -� .i+.i,i. r.i....i.., w... - 1� A 0 �� - - - w� ' � " zrt� � .. �' �� - RF50[�iTl'ION I�U. _ - 1983 REILEASE OF PORTIONS OF TRUNR HIGAWAY ZiJRNBACR TO THE AATOINING PROP�t'Y OWNf�iS (90U�iFAST QO�iNII� OF 4Tii STREET At�) I-694) WHgtEAS, the Minnesota Depart�nent of Transportation has acquired real estate for trunk hi��iyway purposes; and WHEREAS, th�� Commissioner of Transportation has determined that certain portions of 1`his real estate are no longer needed by the State for trunk highway purpc>ses; and WHEREAS, pu�csuant to Minnesota Statutes 161.16 and 161.24 the State has oonveyed by �3 Quit C1aim Deed a portion of the above referenced Highway No. 694 to the �City of Fridley; as shown on the attached maps and legally described in said Deed (Doc�m�ent No. 583698 recorded at the County Recorder Dece�nber 28, 1981); and W�REAS, a 1,3rge portion of the turnback consists of slivers and pieces of properties tl�at are �uibuildable and of no benef it to the City and should be returned to �tr�e original or adjacent aaners and plaoed on the tax rolls; and NpW, �iIIZE�O:RE, BE IT RFSOLVID that said properties adjoining the follawing property: Parts of Lots 28, 29 and 30 of Block 11, Hamilton's Addition to Mechanicsville (SEE ATrACHID E�]�IT A) are excess pieces of real estate which are not by th�nselves buildable and that they be released to the adjoining property owners. PASSID At3D AD�PI`ID BY �iE CITY �[JNCIL OF � CITY OF FRIDLEY TH IS ________ L1AY OF , 1983. A�t�:ST: SIDNEY C. II�TfAN - CITY Q,ERR 02,/8/17/17 i � WII,LIAt�f J. I�E - 61AYOR 16� 0 �� / . _�.� � __� . , . �� . . . . . • V.� .M/•. 1:1..}w � �JiUM�AN ,� .�\y . ' �.A�1 ��/.o...A.. H .� � 'l�MO1N�t!►�NO - ..�.. ..��• `��. ..� - � � '��.-"�'•._��. "�'� _" -.J �.��•. •J—`w-,!�� . � �. . . . . . �� .' � .. "' ' •, . �_ � � . . - �wUlt�• N.fR.�U� r i�� -' � ' . �1, s� �+. ' ,. . • �. � M.+�..� � vw ^. y � t.l /..iy, � i � �v • •�..s � I �.I /'�•.ry '1 � �.N r . n w..�1 . 1.�✓...:r W..w N►1► � 1.', . ' Y � a�{vie� � � �'TAQ �%MES � Certifica.te of Survey !or X . ' i I NTfRS�'A7��' 69� � . � 16 �1 . K �+, '� �,d. � sr,e �i . . . �`� . S ' � ?� , . '" . �� p•bSb� .: '`" . ' : ' � , ' �p�� . �� b. �c��,�l=:' ' 1��0. .�:;::;,�-, ��.�,��1�b'" a ..,� ' � . . o� ' ''�� ' �, ��.�- � '--8�9 —� .,_--:� �� _• 59�� M tp•. s'ti;::. 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C..�W+ W�YrL Form No. ,O�M. .• �ou...o.w. t... r;.w.rr r� 1 V D Ybww�Y L'�Il�t� W.�f��eY OLW 11� 1 D �fjis �nDenture, u� �.._�. _..�„ o�.._�._..._.._............ 79 ....__ , �.r�.n..._tity -of..Fridley. _...�.._......_....___,.._........�...._.__.._....___.... �nunti pa1 Minnes,o.ta,__,.__.._._�..__. `��oryurdtwn uwdtr the Iatti oJ !lu Stott o�.._ _... � .�nrly o� the jPn1 yart. awd Mike.._E_ 0.'Bannon. and__Ol ivia...A�._Q.'_�.a.n.00n__(HusDand..and .Y�ir1. ......___...._........._..._...._..... —_ _ _— —_ ..��.. ..._._._.._...r_ .�....._...._.._..._._ oJ elre Couwty o�----Moka ._._....... awd Stare oJ..l1].MtSIIta. ......__ ....... ......_..._...... . pori....�._._..oJ tht aew�d /w►t. �8itritfft�j►. !'kat tba aaid yarly of tAe /[rs! part. i�a eow+idt►'ation oJ tl�c �tim oJ . ............................... DOLLlRS, — -- -•— .___...�---•._..____-._....._. !o tt ts liand yuid by l7�e said part....__..---.a� tJu �ctond yaTl, !he receipt toheneoJ u�nby aeknorrltdjrd, dou 7unby Crant, Bar�ain. Quitelaim, w�d Conary unfo !7u soiri p�*'� -..- .........oJ tht acond pnrt,_ .._......._... �'rr awd o�dy►w�, Fona�cr, a21 tlla tr»et..;_....or paml..._._..oJ 7cnd Iyi.�� aad buny� iw !hc Caunty o� oka� „_....______.._.n�d State o; .Uianraota. dueribrd na Jdla�r�, to�rlt: All that part of Lots 29. and 30, Block.11. Hamilton's Addition to Mechanicsville. Anoka County, Minnesota, according to the recorded plat thereof, taken for highway purposes, described as follows: Comnencing at the �ortheast carner of said Lot 30; thence South 89 degrees 50 minutes 57 seconds West. assuming the south line of Lot ?8 of said Block 11 bears West. along the north line of said Lot 30 a distance of 65.10 feet to the existing southerly right-of-way line of said highway and the point of beginning of the land to be described; thence South 53 degrees 48 minutes 11 seconds West along said right-of-way line a distance of 67.03 feet; thence South 19 degrees 59 minutes 07 seconds Mest continuing along said right-of-way line a distance of 26D2 feet to a point on the Mest tine of said Lot 29. thence North 1 degree 35 minutes 38 seconds Mest along the northerly extension of the west line of said Lot 29 a distance of 39.60 feet; thence North 42 degrees 50 minutes 16 seconds East a distance of 17.00 feet; thence North 66 de9rees 34 minutes 31 seconds East a distance of 30.00 feet to a point on the Mesterly extension of the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seco�ds East along said westerty extension a distance of 25.00 feet to the point of beginning. Containing 1�202.1 square feet. The above described property is unbuildable in and of itself and that by conveying this property. The City is not implicitly or explicitly representing that the conveyed property is buildable. QO �abt ariD t0 j�OI� t4t $+dmt. Tojether tritl� nL2 t1u l�treditamtn4 and aPpurtenan�� lhen- ywto bsionjinj or iw a��eiae eyptrtainia�, to tlu �aid part..._.__...of the ueond yart,._..._......_ ...................._.._ kein and a+sijn�, iam+sr. i �� i ` � 1 i ��i / I�s P.wa�er o� �n Qcstimanp �6ertot, Tke .aid �i.rt ya�fy tw,. ce+�u�1 v�c.e yreaent�a to be e.ruuted in i4 eoryornts namt by ifr �ia,YOl' ._.......... Ata'KeRt nnd iti ._�iiy NaAi9et....—_....and ili eo�wratt ua1 to Lr kereunto a�J'iaed tlu daU and yaar �tr�t abrn.•t �rritlen. ti.�y...o.f....f.r3 dlry.. By__. __...._—..... .. _......._._ ..._.... ... - la .....11aYar.. .. _......._ _. �k�ii�t�e�F Ib .. Lity �!lanager 17 CITY OF FRIDLEY MEMORANDUM MEMO TI): John �G. F)o� Public Works Director �/ FR OM: Cly�e � ravetz, Engineering Administrati�n SUBJEC'�: M.S.A.S. New Designations DATE : November 17, 1983 _ As a re<.�ult of a MnDot inventory of Fridley streets conducted in 1981, � we were given an additional 3.55 miles for allowable M.S.A.S. designa- tions. In 1983 the City added 1.86 miles to the State Aid System leaving a balance of 2.21 miles under the maximum mileage allowed. The att��ched resolution would add 1.712 miles to our M.S.A.S. system in 1984, leaving a balance of .50 miles under the maximum. This bal- ance of .50 miles will allow the City some flexibility for future M.S.A.S. designations and/or redesignations and should be retained at this tirne. Also at�tached is a map illustrating the recommended municipal street section�� to be added to our M.S.A.S. system. As you can see, these recomme��ded streets further tie in our existing system for the con- tinued �ind future development of the City. The rea��on we want most of the mileage availalbe to us designated is that we will receive additional maintenance money from the State on that basis. CVM/mis �acvr� r�o. _ — ��s3 R�I,LT�7ClN FSTABLISHIl�U l�IJIJICIPAL STATE AID SIItF�E'!5 WHEREAS, i�t appears to the City Council of the City of Fridley that the streets her�einafter described should be designated as Municipal State Aid Streets under the pravisions of the Minnesota Laws of 1967, �apter 162. NOW, �IIItF��c)RE, BE IT RFSCLVID, by the City Council of the City of Fridley, Co�mty of Anoka, that the streets c3escribed as follows, t�o-wit: NpJI�TICIPAL STATE AID STRF.ET N0. RAN�iII2S FiiOAD F�tCt•1 81ST AVFNUE ZO 83RD AVENUE FIJI3ICIPAL STATE AID SZREET N0. 77gI WAY FRQ�1 EAST RNER R(1z1D TO RAII�ROAD NIIJIJICIPAL STATE AID S'II�EE.'T N0. 77Z�i AVII�IUE FRCM RAII�RC�1D TO MAIl4 S'g2EET 1�JNICIPAL STATE AID 5�2EET N0. 56�1 AVII�CTE FRCM 7�I SIREh'T � WFST Nl�ORE I�AKE DRIVE MJNICIPAL STATE AID SZREET Nl�. RICE QtEIIC TEf2F2�CE FRC'�I 6�i STRF.�'T ZO r'l�I�iDE S7�2EET MJNICIPAL STATE AID SZREeI' N0. 6Z�i SIREET FRCM 67�1 AVFNUE Zt� RICE QtEQC TF�2RACE I�JNICIPAL STATE AID S�42EbT N0. 67�i AVF21[TE FRGt�i 67�i S�2EET � 77�i SZREET be and hereby are established, located and desic�ated the Municipal State Aid Streets of said City, subject to the appraval of the Caiunissioner of Highways of the State of Minnesota. BE IT kZ1R�iEtt R�VID, that the City Qerk is hereby authorized and directed to fonaard bao certified copies of this resolution to the Commissioner of Higt7ways for his consideration, and that upon his approval of the c3esignation of said stre��ts or portion thereof, that the same be constructed, improved, and maintain��d as the Municipal State Aid Streets of the City of Fridley, to be numbered �3nd knawn as Municipal State Aid Streets respectively. PASSID ArID A]�PI'ID BY �3E CITY Q7UNCIL OF �iE CITY OF FRIDLEY �1I.S IaAY OF � 19133. WILLIAM J. NEE - MAYOR ATI'�'ST: SIDNEY C. 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STREET MAP—CITY OF ��_ _ ��rz = FRIDLEY �• = p- __. _1— s :.. _�_��___ ��= --�= _� :_ �_--_ TME CITY Of Fql L Y DIFiECTORATE OF ��UBL1C WORKS DATE November 16, 19E�3 FROM D.P.W. Jerrold Boardman, Planner aUBJECT 0 COMMUNITY DEVE:LOPMENT BLOCK GRANT FUNDS MEMO N0. c-83-81 :� MEMOtaANDUM TO ACTION 1NF0. Nasim Qureshi, City Manaqer X Please fir�d attached a copy of the COBG project summary along with two resolutior�s necessary to make the suggested modifications to the CDBG FY 1983 arid 1983 jobs Bill funds. These modifications are necessary because oi` the recent rejection of the St. Philips 202 application by HUD and ttie funding approved of the City's LAWCOP� application for River- view Heiqfits Acquisition. The recommended revisions are as noted on the surrma ry . It will bE� essential toofor the City Council to designate the floodway area soutti of 79th Way N.E. as a blighted area in order to utilize block grants as a match to the LAWCON funds. The total project of $168,850 will allow us to acquire the three properties that are the most effected by flooding and will allow the most use of the area. Please note that all three properties owners are willing sellers and will be negotiating with us a�� soon as CDBG funds become available. The time 1:able on the expenditure of a11 funds is no later than June 30, 1984. We will need to get these amendments to the County and HUD as soon as possible. d 18A RF�,UTZOiN N0. _ - 1983 F�LT�ION R�UESTIl�U I�DDIFICATION OF FY 1983 OOMMUNITY I►�,OPN�IJ'P BI,OCR GRANP FVPID AND J�S BILL 1983 PRATECTS FR�i AN�RA �[JNI'Y AI�ID �3E DEPARg�iT OF HOUSING AND ORBAN L►�.VIIAPl�ir WHII2FAS, th�e City of Fridley has received authorization from the County of Anoka and the Departrnent of Housing and Urban Development for the FY 1963 Projects as� suhmitted by the City Council of the City of Fridley; and WHIItF�S, th�e City Council in its efforts to serve the needs of the City has reviewed tw�o additional projects for pote�tial use of FY 1983 F�ds; and WHF�2E�S, due to the limitations on f�mds available to the City of Fridley for project ap��lications, the City Council has reconsidered its funding priorities with these additional project requests. IV�•7, �IEREFORE, BE IT RF�C�VID by the City Council of the City of Fridley that the City's application for FY 1983 and Jobs Bill 1983 be modified as follaas: Project No. 328 - Fridley Center City Eoonamic Development Planning - Be rencved as a project for FY 1983. Project No. 39 - Fridley Moore Lake/North Area Studies - Be modif ied to only include the Moore Lake for $7,000. Project No. 330 - Fridley Rollwer Housing Stuc3y - Be removed as a project for FY 1983. Project No. 331 - Fridley Architectural Barrier Renaval - Be modif ied to include only that portion for public facilities barrier renwal and the amount of funds be reduoed to $25,000. Project No. 332 - Fridley Commercial Rehab Loans - Be re�oved as a project for FY 1983. Jobs Bill project - Nbore Lake Elderly - Be re�oved as a project for FY 1983 - 202 Funding not approved. It is further requested that the follawing projects be added to the City's application for Anoka County and the Department of Housing and Urban Development' s consic3eration: CUBG FY 1983 Riverview Heights Aoquisition Project - $115,000. Marketing material for Redevelopnent District - 11,583 Jobs Bill 1983 North Area Drainage & Trail improvanent project PASSID AI�ID ADOPI'� BY R�iE CITY (�UUNCIL OF ZiiE CITY OF FRIDLEY Z�IIS l]AY OF _.. �983. WILLIAi�I J. I�E - MAYOR ATI�,T: SIDSIEY C. I[�fAt1 - CITY � 2/8/17/16 � • . � ,, ClBG 1981 �'JD1[. Q�G 1982 _ , �, �_ � �G 1983 a� �.� � Osiginal Aevised Adniniaterlrg l�+vira�mc�tsl i1�te R_o,'ect: 23ane ll�mt�er �t Jlmaat Agert.y Reviev Cmpletrd aE Canpletton Oaoe�entt C�ntsr Ci1.y Aoq. � 128 I 280.000 I WA I hidley 9tA I Jine 19. 1981 I Sept. Y9. 1981 I Property Aoquiced I I I�.000 ( � I I ( I I llooce Lla� I Zi0 I 111.232 ( -0- I hi�ey �tA I Not G�pleted Pcoject Caroeled railed to get � Alerandre Nwx 221 10,000 10,000 Moka Gaaity Aaquisit.ion J►lesandca Boux 221 1{/A 10,000 Aroka Oo�a�ty Rehab�. Center Cit.y Jloquisiticn �28 W11 30,000 iri�ey StA Rehab/Flarcliasp Rttro Fit�' C�o�rdty tieetherizaition 229 WA 71.232 Action Prog. Bousing Retrofit Oo�r�ity i Weathezization 229 85,600 l3,100 Actim Proq. eanaicappea �gg�i� ity acy ac Sh�dy lyA 2.500 hidley II iA6.�i2 I 206r832 I P.aonaaie Ikv. City cf Stydy/Cente[ C3ty 328 15�000 � hi�ey 7Yaffic Seudy City d Moote Iake, 329 7,000 T.000 lricQey Drairoge E�wdy City aE Nath Area� 329 7,000 � hidley Saiior Ba�sug City tf Roll Ovec Swdy+ 330 7,000 � lridley Rtilic Pac,ilities City d Barriec Remwal 331 25,000 25,000 Pridley Barriet Remwal City oE Losn ProSlcan 331 50.000 -� hidley Camrrcial Rrhab. City oE I.aen�Re2levlpont 332 47,663 -0- lridley B�en Serv ioes/ Gty d Pu41ic Rr�dug 333 17,631 1T,631 lridley Riverview Hei�ts City d /�. Project i�/!► 115.100 iri�IIey arketing Mleterial or Redevelopoent City oE �istrid N/!► ll.St7 lridley �D�II. � Jc6s Bill -'83 Moore iake IIdezly • North Acen Drairoge i 1Yai1 Ia�tw�ent. Projact � �/ont/i� 176,31� I 1T6,31� I �9.564 ( -4 I City Cf lridlay City aE N�1► �9r561 tridley 19�561 � 19�?64 � / 202 Fu�ds f rm � Wr► C�Pleted 1992 Reoained the ee�oe u apprwed 2/1/82 �/A Caopleted 1982 Jlpproved revision after �230 vas dcopped on 1/2V82 J►ppcoved revision 1`/J► Canpleted 1983 after t?30 �ras dropped on 1/2�/82 11Eproved revision after t230 vas x/J1 C�pleted 1983 dcoQped on 1/24/82 Shift of furds on W)► Wopleted 1983 8/9/82 fa 50� study 50� atudy f�r�ds - shifted fran t229 N/A Ca�leted 1983 an 8/9/82 �/1► N�1► 1�/]1 WA q/A � x�1► N��► N/A Projec[ • Cartioelltl D�P P��]ect to add additionsl projeets No chaige in pco�ect Drop p�oject to add additiorel Ro]�s Dcop p�oject to add additionsl pcojects No et�ge in project Drop project to edd additiornl projects Dtop pcoject to add additiorel pcojects No cha�ge in Project Ne+ goject added t�a+ p�oject added � 202 F�nding was '� aot appcwed � pcoject added � 18� R�.i+oTlQa I�D. _ - 1983 RE30LOTION DEQ�P,RING BI,O(�C Z, BLOCR AA AND BLOCI� 'BS gl�Tg�TIIS�T 8FI(�L5 P►COITION P► 'DETERIORATID APID BLIG81'ID ARIA' WHEREAS, ti�e City Council of the City of Fridley has approved the establist�neni: af 'Creek and River Preservation District Regulations• under Ordinance No„ 555 acbpted on Deoenber 10, 1973� and WHiRFAS, the district regulations were established to promote the public health, saf�ety and general welfare by minimizing losses due to periodic flooaing and eliminate the obstruction to floai flow that would cause hazard to life and ��ropertyf an� WHgtFAS, the flood insurance study for the City of Fridley prepared by the Federal Insucance Acininistration dated Septenber 2r 1980 has shawn the Blocks Z, AA and BB� Riverview Heights J�ddition are in a Flood Hazard Zone A-12 and desi�ated a�s a Flooc3way• and i�1HEREAS, all structures use8 for human habitation in a floodway are norr-oonformi�ng and cannot be rebuilt if destroyed noz built on any existing vacant property; and WHFI�FAS, the City Council has used the State definition of •deteriorated areas' unc3er Q�apter 462 of the Mn. State Statutes in determining blight and blighting corx7itions for all of its declared 'blighted districts". NDw, �EtF.FORE, BE IT R�SC[.vID that the City Council of the CitX of Fridley hereby declares Blocks Z, AA 6 BB, Riverview Heights Ar3dition which has both developed and undeveloped properties Which by definition is blighted by conditions of �usual and difficult physical characteristics; by virtue of fts location causes potential hazard to life and property; and structures, by obsolescence and deleterious land use, are detrimental to the safety, health and Welfare of the oamr�ity. PASSID AAID ADOPI'ID BY 7I� CITY �UNCII� OF T4� QTY OF FRIDLEY 7HLS L1AY OF _ � 1983. WII.LIAM J. I�E - l�YOR ATIFST: SII�IE'Y C. II��'lAN - QTY Q,�iR �3/o/i�r:o : � �, . r' �� Q:Gt vw , , 1 � � ~ / � • , •t '� ' i� ` tl i •i o! � a�[ � t • �. � w • o ,� •• ►' !t' •, � .. � � . ', . � F I: ! s f f�r �i 4/� l� •• � � � � � y ii 1 .� � �T ! l .• � i � i, „ — ' , • � s ,� " � • � , . 11 e � :i�"tt'��? .: . � � ,�� ;9 I� �� !•t ��i�� •.�� ' � I�.i/�, • �t ;� � � �r � �`�"k � .. � s � , � �/b.�1 �� r � 1 � • �' • V' ♦ •. � ' �. N1 �j .��',�1w � 1r• I � � • .�� t ',�• .� ^:r... ' � `• , � • , : ' , *:.. ...�M. � �� . P a �� M •F � • 9 � I ' �:i � • �. II� i�: .t � . � O � i fl 1 � � � . ♦ / � � � It� � �� : ,• • �� 11 h•c�• �«a.�s 1 t�: ( w f' � Gty � ..,�.,. '`� - � . � ` - . Qt�,p . • .7C 1�r � � � `` • ` �� "7 . ~ •• �!� � wdn � � t�+y . '� �., . � .. � � , , .R �� \ �� pro �ty ' � ��'� ��2 �• ` . . - � . � 7� • � � � I' � � N1 �� '� 1 Y� � • � �� ' , ♦ ` �1 � .! . � ��♦ o . A, . .� �p. L. � . , L �. -1 � � . � �� .r . ' V, • �P `- �_ ��, w►/ I ��. w ' � � . �'� `� �' •_ . • ��• . g, • � � t �. . � D, • s � � /�� `X �1YERVIEW ♦ : � .. ' �- „! �� ' Sj r -.' l�vwr5 . :� •; Q i 4,�' � ` 'pa�►� t ` . �C,v� ; ': ~ � 0 .�• y . � � � ' q�� `� • � ., . ,Fy i N KEY .O � . ;� : fo.-9�tton sl�e t� '� ��e0) • �\ � �%' ��' ! 111 filOtR) ` , ` � MyC'int (LO � «�� • , ' � � ♦ \ ��•� 1' i�Z M111 �� '��ld� �t� ►r.-�rr tlKtrlCal '11ne (1 v1r! ! Kv.1 7 ��*� � � � 1i..230) a�d ulepNone 11ne ove�+ad lP+�u �d'D��• �st scree^�d1 k:::,a�ry elettrlul line (120/Z�0 volts) ��d �' • •'{"'�'� te'�3hoet 11nt 0•erl►e�d (to �e re�edi LL� � -i -�-is" 'anSt�*1 :M� i� �e ��oved 1n f�Wrti `_� • • EGTiO •OUTM F' _ �.�• ,�ur liM �LO ��.r�r� 1n frturai • _ � — L(Z990 TO SE�co �!``• � Li•� stacion tt4 a� scree+ndl . \,`�, ' —.` . .- �_ t' c� Kai� NOe ��d o�ttall (to be s«'e�� ` � •� '��'i r-1 �o' �t.e*c (to ee scneeee) PROJEG'P \ RIVERVI�1 AEICHTS YARK �, � M,i-�i�: (� � �a°"ea) _ , scale ` _,�.,�ri (prad A„�. *��. w�: ��• K�'�a� Envirormental � 1:200 --� Ori.�wri (unt�proved) t� � �r'01�) YI.ANNER 1�i.S. DEBL0�3 DATE 9-82 gANGE ��TY _' �,: �ri (t.prorae) tu ee �wwa) �p30N 24N MOKA �� NOR7H SOURCE OF MAP INFOR pT�ITN� AYPROVED / �. w � ,(,►�r�� DATE `i�i�/it �� • :+.-• • ' � :c AF9Q,ITPION Q�i�II� P[SI�IC ��1R]l� Q�] � OF P'R�06ID TAX II�R�TP DI.SIRICT PA. 4 WI�1P PROJHCT NO. 1 AI�D T8E ADOPTION OF A TAX IPCREMENT PTI�II� PiAN RH.ATII� 7�RL''!O. BE IT RESOLVID by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: 1. Pl�bli�Ei��Iiag. Zt�e City Council shall meet on l�bnday, December 19, 1983, at 7:30 p.�m., C.T., as reguired by Minnesota Statutes, Section 273.74, Subdivision 3, to hold a public hearing on and to consider approval of the proposal of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), to establish the Authority's Tax Increnent District No. 4(the "District") within its Redevelopment Project No. 1 and to ad�pt a Tax Increnent Financing Plan therefore (the "Plan"). 2, �Iotice o N ing; Filina of Plans. The City Clerk-Treasurer is authorized �3nd directed to cause notioe of the hearing, substantially in the form attach�� hereto as Exhibit A, to be published once in a newspaper of general cir��ulation in the City not less than ten ox more than 30 days priar to the date of the hearing and to plaoe a oopy of the proposed District and Plan on f il�� in the C1erk1l'reasurer' s of f ice, and there make available for inspection by the public, not later than the date of publication of the notioe. PASSID AI�ID ��DOPTID BY 14iE CITY �UNCIL OF �iE CITY OF FRIDLEY �ILS LY�,Y OF � 1983. WII.LIAM J. I�E - MAYOR AZ'I�ST: SIDI�Y C. Il��SAN - CITY CLII'tR Z/8/1�%11 19 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANORA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Fridley, Minnesota, will hold a public hearing on Monday. December 19, 1983, at 7:30•p.m., C.T., in the Fridley City Hall, 6931 University Avenue Northeast, Fridley, Minnesota, pursuant to Minnesota Statutes, Section 273.74, Subdivision 3, on a� proposal of the Housing and Redevelopment Authority in and for 'the City of Fridley, Minnesota (the "Authority") that Tax Iricrement District No. 4 be established within the Authority's Redevelopment Project No. 1 and that a tax in- crement financing plan for said tax increment district be adopted. All�interested persons may appear at the hearing and present their views on the proposal orally or in writing. Dated: November 14 , 1983. BY ORDER OF THE CITY COUNCIL -1 s Sidne Inman �---- --- Clerk-Treasurer 19 A :. ^ N � • �M/ a�or wr� �- � � , � ...... f~� •_�---- �:.� ' i!� �'� . ,. 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L��._�� WHE�'AS, O:cborne Road has recently been improved to accommodate 4 lanes of travel witr� oenter line ooncrete medians and turning lanes, and WHIIZF,AS, tt�e above improvement project was performed by Anoka County with Federal Aici Urban (FAU) Funds, and - WHIIZFAS, ti�e imprwement project did not incluc3e shoulders or provisions for on street F�arking and the County is required to restrict parking on Osborne Road. � I�a, ��'REibRE, BE IT RESC�,VID, by the City Council of the City of Fridley that (1) t.Yie City ooncurs with Anoka County posting "No Parking" signs on Osborne Rcx�d between T.H. 47 and Central Avenue and (2) the City will enforce the no par�:ing restriction. PASSID AI�ID ADOPTID BY ZI�iE CITY �UNCII, OF �3E CITY OF FRIDLEY ZI-lIS L1AY OF ,, 1983. WILLIAM J. NEE - MAYOR if! �� SIDNEY C. :Q�4�lAi�1 - CITY CZF,RK 2/8/17/12 20 .o•' `°"••. . .• �*,�.� COUNTY OF ANOKA Dc/�ortni�n/ c�j Hi,�h�, o►:c Pai�l l�. R��ud. Hr�lr��•or E►rRineei COURT HOUSE ANOKA, MINNESOTA 55303 612-421-4760 Novc�er 9, 1983 John �1ora City c�f �idley C�?31 tfniversity Avenue �Yid1E�v, Aiirmesota 554�2 Regarding: No Parking on Osborne Raad Dear �fohn : 20 A Through the iinal ins�ection proc.ess oi the Federal Aid Urban P�roject on Ostbrne Road, the Cainty has been notified that 'Z3o Parking" si�ns mist be in�;talled. It will als� be necessary for both cities, FYidley and S�ring Iake F�ark to ivrnish us with a resolution frarn your respective City Councils statir.�g your police departlnent �ill enforce the no parking restriction. 1I�i11 you please take appropriate action to obtain a resolution through your C�ouncil a.nd s�pTly us �ith a capy. . ��. l:f you have any questions please ieel free to give me a call. Taurs very truly� � � . ,1 1'.�Q•�'`�]/ �i�K U�- (% / t Bl]CI �G'(jE'j�flTlj.IIg Director of Physical Development Afiirmative Action / Equal OppoKunity Empioycr 21 Memb�er introduced the following resolu- tion and moved its adoption: RESOLUTION N0. RESOLLTTION GIVING PRELIMINARY APPROVAL TO � PROJECT UNDER THE IrlUNICIPAL INDUSTRIAL DEVEL- OPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL, AND AUTHORIZING PREPA- RATION OF NECESSARY DOCUMENTS. (��NNSO�� PRINTING) BE IT RESOLVED by Lhe Clt�i COUl1C11 (Che "C0�3TiC11" ) Of the City of Fridley, Anoka County, Minnesota (the "City"), as follows: l. It is hereby found, determined and declared as folloWS: 1.1. The welfare of the State of Minnesota (the •State') requires active promotion, attraction, encour- agement'and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of i_hronic unemployment, and it is the policy of the State to facilitate and encourage action by local gov- ernment units to prevent the economic deterioration of such azeas to the point where the process can be re- versed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other area�s. 1.2. Technological change has caused n shift to a sigr�ificant degree in the area of opportunity for edu- cate�d youth to processing, transporting, marketing, serv�ice and other industries, and unless existing and relr►ted industries are retained and new industries are deve�loped to use the availa5le resources of the City, a larc�e part of the existing investment of the community and of the State as a whole in educational and public ser�►ice f acilities will be lost, and the movement of tale�nted, educated persor.nel of mature age to areas whe:�e their services may be effectively used and com- pen:�ated and the lessening attraction of persons and bus:inesses from other areas for purposes of industry, comrnerce an3 tourism will deprive the City and the State of �the economic and human resources needed as a base for pro��iding governmental services and facilities for the rem�3ining population. - 1 - 1.3. The increase in the amount and cost of govern- menta►1 services requires the need for more intensive deve].opment and use of land to provide an adequate tax base to finance these costs. 1.4. Johnson Printing i Packaging Corp..� a Minne- sota corporation (the "Company"). has advised the Coun- cil that it desires to acquire and install equipment ; (the •Project"), for a commercial printing facility to be lc>cated at 40 77th Avenue N.E., Fridley, Minnesota. 1.5. The existence of the Project in the City will cont:�ibute to more intensive development and use of land to increase the tax base of the City and overlapping taxir�g authorities and maintain and provide for an in- creas�e in opportunities for employment for residents of the C:ity. 1.6. The City has been advised that conventional, commErrcial financing to pay the capital cost of the ProjErct is available at such costs of borrowing that the econc>mic feasibility of operating the Project would be signi.ficantly reduced, but that with the aid of munici- pal 'Einancing nnd its resulting low borrowing cost the Projerct is economically more feasible. 1.7. This Council has been advised by Norwest Bank MinnE►apolis, N.A., Minneapolis, Minnesota, of its inten- tion to purchase commercial development revenue bonds, note:> or other obligations of the City to finance the PtojECCt. 1.8. The City is authorized'by Minnesota Statutes, Chapt:er 474, to issue its revenue bonds, notes or other oblic�ations to finance the cost, in whole or in part, of the �ecquisition, eonstruction, =econstruction, fmprove- ment,� betterment or extension of capital projects con- sistiing of propesties used and useful in connection with a revenue producing enterprise, including the Project; the issuance of such bonds, notes or other obligations by the City would be a substantial inducement to the Company to construct its facility in the City. 2. On the basis of information given the City to date, it appea��s that it would be in the best interest of the City to issue its commercial development revenue bonds, notes or othet obligations under the provisions of Minnesota Stat- utes, Chapter 474, to finance the Project of the Company at a cost p;cesently estimated not to exceed 52,400,000. 3. The Project is hereby given the City, and the issuance of bonds, tions fe�r such purpose� and in such i - 2 - preliminary approval by notes or other obliga- amount is bereby ap- 11 R 21 3 proved, subject to approval of the Project by the Minnesota Energy and Economic Development Authority (the "Authority") and to 1:he mutual agreement of this body, the Company and the initial purchasers of the bonds, notes or other obliga- tions as to the details of the bond issue �nd provisions for theit pa�yment. In all events, it is understood, however. that the bonds, notes or other obligations of the City shall not con:�titute a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Project, and each bond, note or other obligation when, as, and if issued shall recite in substnnce that the bond, note or other obligation, including interest thereon, is payable solely from the revenues received from the Proj- ect and property pledged to the payment thereof and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section = 474.01, Subdivision 7a, the Mayor is hereby authorized and directed to submit the proposal for the project to the Authority for apprcval of the Project. The Mayor, the City Clerk-Treasurer, the City Manager and other officers, em- ployees and agents of the City are hereby authorized to provide the Authority with any preliminary information needed for this purpose and are further nuthorized to initi- ate and assist in the preparation of such documents as may be apprc�priate to the Project and the financing thereof, if it is approved by the Authority. 5. The adoption of this resolution by the Council does not con;stitute a guarantee or a firm commitment that the City wi:ll issue the bonds, notes or other obligations as requested by the Campnny. The City retains the right in its sole di:>cretion to withdraw from patticipation and acccrd- fngly nc�t issue the bonds, notes or other obligations should the City� at any time prior to the fssuance thereof determine that it is in the best interest of the City not to issue the bonds, notes or other obligations or should the parties to the trar►saction be unable to reach agreement as to the terms and conditions of any of the documents required for the transact:ion. AdoF>ted by the Fridley City Council this _ day of _______�___._ , 1983. - 3 - 22 CITY GOUNCXL OF THE CITY OF FRIDLEY, lriINNESOTA Resolution No. A RESOttfTtOrs OF THE CITY OF FRIDLEY AuTHOR1ZING THE ISSUa.r�CE OF g7.000,000 A6GREGATE PRI�aCIPAL ANOUt�T IPIDUSTRIAL DEVELQPMENT REVEI�UE BONDS - SKYWOOD t�ALL PROJECT WI�REAS, the Municipal Industrial Development Act, Min— nesota S�:atutes, Chapter 474, as amended (the 'Act"), de— clares tlnat the welfare of the State of Minnesota (the 'State') requires active promotion, attraction, encourage- ment and developnent of economically sound fndustry and canmezce through governmental action to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facili- tate and encourage action by local government units to pre- vent the economic deterioration of such areas to the po�nt 22 A where the process can be reversed only by total redevelop- ment through the use of lxal, state and federal funds de- rived from taxation with the attendant necessity of relo- cating displaced persons and of duplicating public services in other areas; and WHERI:AS, the Act further finds and declares that such governme�ztal action is required by technological change that has caused a shift to a significant degree in the area of opportun.ity for educated youth to processing, transporting, marketin��, service and other industries, and unless existing and related industries are retained and new industries are developec9 to use the available resources in each community, a large �part of the existing investment of the conununity and of the S:tate as a whole in educational and public service faciliti�es will be lost, and the movement of talented, edu- cated personnel of mature age to areas where their services may be �affectively used and canpensated and the lessening attracti��n of persons and businesses from other areas for the purp�oses of industry, commerce and tourism will deprive the co�nmunity and the State of the economic and human re- sources �aeeded as a base for providing governmental services and faci:Lities for the remaining population; and W�R]3AS, the Act further finds and declares that such governme�ztal action is required by the increase in the amount and cost of governmental services a nd the need f or more intensive development and use of land to provide an adequate tax base to finance these costs; and WHERI:AS, the City of Fridley, Anoka County, Minnesota (the 'Issuer"), is authorized by the Act to enter into a revenue �igreement with any person, firm or public or private corporat:ion or federal or state governmental subdivision or agency in such manner that payments required thereby to be made by the contracting party shall be fixed and revised from time to time as necessary so as to produce income and revenues sufficient to provide for the prcxapt payment of the principa:L of, premium, if any, and interest on all bonds issued u�nder the Act when due, and the revenue agreement shall also provide that the contracting party shall be re- quired to pay all expenses of the operation and maintenance of a pr<�ject, including, but without limitation, adequate insuranc�e thereon and insurance against all liability for injury t:o persons or property arising from the operation thereof ��nd all taxes and special assessments levied upon or with respect to the project and payable during the term of the reve�nue agreement; and WHER]3AS, the Act fur ther author i zes the I ssuer to issue revenue lbonds, in anticipation of the collection of revenues of a project, to finance, in whole or in part, the cost of - 2 - 22 B acquisiti.on, construction, installation, completion, recon- structioci, improvement, betterment or extension of any such proj ect; and WHERE:P,S, Skywood Mall, a general partnership duly formed and exis�ting under the laws of the State of Minnesota (the "Borrowel-"), proposes to renovate an existing shopping mall and to construct and equip adjoining office and motel facilitie�s (the "Project") to be owned by the Borrower, and the Issu�er desires to finance said Project upon the terms and cond;itions as required by the Act and as in the Agree- ment (as hereinafter defined) set forth; and WAERE:AS, the 2ssuer proposes to undertake said facili- ties as a project authorized under the Act and to finance the cost thereof by the issuance of revenue bonds of the Issuer under the Indenture (as hereinafter defined); and WHERF:AS, the Issuer proposes to enter into an Indenture of Trust, dated as of December 1, 1983 (the "Indenture"), with F� M Marquette National Bank, in Minneapolis, Minne- sota (the "Trustee"), to provide, among other things, for the issuance by the City of Fridley, Minnesota, of its Cam- mercial Development Revenue Bonds (Skywood Mall Project), dated as of December 1, 1963, in the aggregate principal amount of $7,000,000 (the "Bonds"), and the Issuer and the Borrower have proposed to enter into a Loan Agreement, dated as of DEacember l, 1983 (the "Agreement" ), so as to, among other th;ings, loan the proceeds of the Bonds to the Borrower to be u:>ed to acquire, construct and install the Project, and the l3orrower and the Trustee have proposed to enter into a Mortgage, Security Agreement and Fixture Financing State- ment, dated as of December 1, 1983 (the "Mor tgage" ), so as to secu!ce the performance of the Borrower's obligations under the Agreement, and the Borrower and the Trustee have proposed to enter into an Assignment of Rents and Leases, dated as of December 1, 1983 (the "Assignment" ), whereby the Borrower assigns, grants and transfers to the Trustee all of the Borr�wer's right, title and interest in and to any pres- ent and future leases and rents or agreements covering all or any ��art of the Mortgaged Property (as hereinafter de- fined) a,s further security for the payment of the principal of, prem,ium, if any, and interest on the Bonds and the per- formance of the Borrower's obligations under the Agreement, and the Guara ntor s(as def i ned in the I nden ture ) have pro- posed t�� execute and deliver to the Trustee a Guaranty, dated a�: of December 1, 1983 (the "Guaranty" ), pursuant to which tiie Guarantors shall gnarantee the full and pra�apt payment of the principal of, interest and premium, if any, on the Bonds, and the Tenants (as defined in the Agreement), and the Borrower and the Trustee have proposed to enter into Subordin�ation, Nondisturbance, and Attornment Agreements, - 3 - 22 C dated as of December l, 1983, for the security of the Bonds; a nd WHERi:AS, the Bonds issued under the Indenture will be secured l�y a pledge and assignment of the loan repayments to be paid to the Issuer by the Borrower as required by the Agreernen�t (the "Loan Repayments") and other revenues derived by the Issuer from the Mortgaged Property and the Issuer's rights �(except certain rights as to indemnification and reimburs��nent of expenses) under the Agreement and the Mort- gaged Pr.operty under the Mortgage (the "Mortgaged Prop- erty"), and, pursuant to the Assignment, all present and future l�eases, rents, and profits of the Mortgaged Property, and the pr i ncipal of , pre�ni um, i f any, and inte rest on the Bonds stiall be payable solely fram the revenues pledged therefor, and the Bonds shall not constitute a debt of the Issuer within the meaning of its Home Rule Charter or within the meariing of any constitutional or statutory limitation nor shall• constitute or give rise to a pecuniary liability of the Issuer or a charge against the Issuer's general credit a�r tazing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer other than its interest in said Project; and WAEREAS, the Issuer proposes to loan the proceeds of the Bonds to� the Borrower to acquire, construct and install the Project, and the Borrowe� desires to borrow the proceeds from the� Issuer to finance the Project upon the terms and cond i tions as requi red by the Act and as set for th in the Agreement; and WHEREAS, under the Agreement, the Borrower is to pay to the Issu�er sufficient moneys each year to pay the principal of, prennium, if any, and interest on the Bonds issued to finance the Project, and the Sorrower is to provide the cost of maintaining said Project in good repair, the cost of keeping the Project properly insured and any payments re- quired for taxes; and WIiEP;EAS, Miller Securities Incorporated and Piper, Jaff ray & Hopwood Incorporated, in Minneapolis, Minnesota (the "O�ciginal Purchasers"), have proposed to purchase the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T� CIT7t' OF FRIDLEY, MINNESOTA, THAT: Sect:ion 1. The City Council of the Issuer acknowledges, finds, ctetermines and declares that the welfare of the State require:� active promotion, attraction, encouragement and developn�ent of economically sound industry and commerce through governmental action to prevent, so far as possible, - 4 - 22 D emergence of blighted lands and areas of chronic unemploy- ment, and it is the policy of the State to facilitate and encourage action by local governmen t units to prevent the economic �ieterioration of such areas to the point where the process c,3n be reversed only by total redevelopment through the use o�E local, state and federal funds derived from taxa- tion with the attendant necessity of relocating displaced persons a;nd of duplicating public services in other areas. Secti��n 2. The City Council of the Issuer further finds, determines and d eclares that such governmental action is required by technological change that has caused a shift to a sigr�ificant degree in the area of opportunity for�edu- cated you.th to processing, transporting, marketing, service and other industries, and unless existing and related in- dustries are retained and new industries are developed to use the �available resources in the community, a large part of the e�;isting investment of the community and of the State as a whol,e in educational and public service facilities will be lost, and the movement of talented, educated personnel of , mature ac�e to areas where their services may be effectively used and�compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the community and the S tate of the economic and human resources needed as a base for providing governmental services and iacilities for the remainin�� opulation. Section 3. The City Council of the,Issuer further finds, determines and declares that such governmental action is required by the increase in the amount and cost of gov- ernmental services and the need for more intensive develop- ment anci use of land to provide an adequate tax base to finance these costs. Section 4. The City Council further finds, determines and dec:lares that the existence of the Project within the corporat:e limits of the Issuer shall provide for more in- tensive development and use of Iand to increase the tax base of the Issuer and overlapping taxing authorities and main- tain anii provide for additional opportunities for employment for residents of the Issuer and that while conventional, commerc'ial financing to pay the capital cost of the Project is avai2able at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, with the aid of municipal financing and its result- ing low�er borrowing cost, the Project is economically more feasible. Section 5. The loan to the Borrower under the Agreement to �nc— e t�Fie acquisition, construction and installation of the Prc�ject (as such term is defined in the Agreement), be and the� same is he reby authori zed. - 5 - 22 E Section 6. For the purpose of financing the cost of the acquisition, construction and installation of the Project, there is hereby authorized the issuance of 57,000,000 aggre- gate principal amount City of Fridley, Minnesota, Commercial Development Revenue Bonds (Skywood Mall Project), dated as of Deceraber 1, 1983 (the "Bonds" ). The Bonds shall be issued in fully registered form, shall be in such denomina- tions, �;hall be numbered, shall be dated, shall mature, shall be subject to redemption priox to maturity, shall be in such form and shall have such other details and provi- sions as are prescribed by the Indenture. The interest rate on the Bonds shall not exceed thirteen percent (13.008) per annum, a�n8 the rate of interest shall be approved by the Mayor, the City Clerk-Treasurer and the City Manager. 5ection 7. The Bonds shall be special obligations of the Issuer, payable solely from the revenues received by the Issuer f`rom the Agreement, in the manner provided in the Indenture. As security for the payment of the P=o �rata and premium, if any, and interest on the Bonds, p without preference of any one Bond over any other Bond, the City Council of the Issuer hereby authorizes and directs the Mayor ar�d the City Manager to execute and the City Clerk- Treasurer to attest under the corporate seal of the Issuer the Inde�nture and to deliver to the Trustee the Indenture and does hereby authorize and direct the execution of the Bonds by the facsimile signatures of the Mayor and the City Manager and does hereby provide that the Indenture shall provide the terms and conditions, covenants, rigr,ts, obliga- tions, dluties and agreements of the holders of the Bonds, the Issuer and the Trustee as set forth therein. A 11 of the provisions of the I nden ture, when executed and delivered as authorixed herein, shall be deemed to be a par t of this resolution as f ully and to the same exten t as if incorporated verbatim herein and shall be in full force and ef f ect f rom the date of execution and deli very thereof. The Indenture shall be substantially in the form on file in the office of the City Clerk-Treasurer with such necessary and appropriate variations, omissions and inser- tions as permitted or required or as the Mayor, in his dis- cretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. S ection 8. The Mayor, the City Manager and the City Clerk-Treasurer are here by authorized and directed to exe- cute. at:test and deliver the Agreement by and between the Issuer ��nd the Borrower. All of the provisions of the Agreement, wh en executed and delivered as authorized he rein, shall be deemed to be a part of this resolution as f ully and to the ;same extent as if incorporated verbatim herein and - 6 - �2 F shall be i.n full force and effect from the date of execution and delive�ry thereof. The Agreement shall be substantially in the form on file in the office of the City Clerk- Treasurer with such necessary and appropriate variations, omissions and insertions as permitted or required or as the Mayor, in his discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such de te rmi na+tion. Secti��n 9. The Mayor, the City Manager and the City Clerk-Tre�asurer are hereby authorized and directed to accept and conf��rm the Bond Purch ase Agreement, respecting the Bonds (the "Bond Purchase Agreement"), fran Miller Securi- ties Incorporated and Piper, Jaffray � Hopwood Incorporated, as Original Purchasers, and accepted by the Issuer, the B or- rower and the Guarantor s. All of the provis ions of the Hond Purchase Agreement, when accepted and confirmed as autho- rized hei�ein, shall be deemed to be a part of this resolu- tion as iully a nd to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Pur- chase Ag�-eement shall be in the form on file in the office of the Ci,ty Clerk-Tzeasurer. Secti.on 10. All covenants, stipu2ations, obligations and agreeme s of the Issuer contained in this resolution and cont,ained in the Indenture, the Agreement and the Bond Purchase Aqreernent sha11 be deemed to be the covenants, stipulat'ions, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenant;s, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this res��lution, a21 rights, powezs and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council thereof by the provisions of this resolution or the Indenture, the Agreement or the Bond Purchase Agreement shall be► exercised or performed by the Issuer or by such members of the City Couneil or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No c.ovenant, stipulation, obligation or agreement herein containErd or contained in the Indenture, the Agreement or the Bon�i Purchase Agreement shall be deemed to be a cove- nant, si�ipulation, obligation or agreement of any member of th e C i t;y Counc i 1 or any of f i cer, agen t or employee of the Issuer iin that person's individual capacity, and neither the City Co�uncil of the Issuer nor any officer executing the Bonds s'hall be 2iable personally on the Bonds or be subject to any ��ersonal liability or accountability by reason of the issua nc�e the reof . - 7 - 22 G Section 11. Except as herein othetwise expressly pro- vided, nc►thing in this resolution or in the Indenture, ex- press or implied, fs intended or shall be construecl to con- fer upon any person or firm or corporation other than the Issuer, t,he holders of the Sonds issued under the provisions of this resolution and the Indenture and the Trastee any right, r�emedy or claim, Iegal or equitable, und er and by reason oi`. this resolution or any provision hereof or of the Indenture: or any provision thereof; this resolution, the Indenture� and all of their provisions being intended to be and bein�� for the sole and exclusive benefit of the Issaer and the lholders f ran time to time of the Bonds issued under the prov:isions of this resolution and the Indenture. Sect;ion 12. In case any one or more of the provisions of this resolution, the Indenture, the Agreement, the Bond Purchase Agreement or any of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provi- sion of this resolution, the Indenture• the Agreement, the Sond Purchase Agreement or the Bonds, but this resolution, the IndEanture, the Agreement, the Bond Purchase Agreement an8 the B onds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Inden- ture, tl�� Agreement and the Bond Purchase Agreement, the pledge c�f revenues and �other sums payable under the Agree- ment, tt�e creation of the funds provided for in the Inden- ture, tl�e provisions relating to the handling of the pro- ceeds d�erived from the sale of the Bonds pursuant to and under tl�e Incienture and the handling of said revenues and other mc>neys are all commitments, obligations and agreements on the part of the Issuer contained in the I ndenture, and the inv�3lidity of the Indenture, the Agreement and the Bond Purchas�� Agre�nent shall not aff ect the commitments, obliga- tions and agreements on the part of the Issuer to create such fu.nds and to handle said revenues, other moneys and proceed:s of the Bonds f or the pur poses, in the manne r and accordi;ng to the terms and conditions fixed in the Inden- ture, it being the intention hereof that such commitments on the patt of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture, the Agreement and the Bond Purchase Agreement. Section 13. The Bonds shall contain a recital that the Bonds are ssued pursuant to the Act, and such recital shall be conc:lusive evidence of the validity of the Bonds and the reg ularity of the issuance thereof, and all acts, conditions and thi.ngs required by the Same Rule Charter of the Issuer, the Cotistitution and the laws of the State relating to the adoptic>n of this resolution, to the issuance of the Bonds and to the execution of the Indenture, the Agreement and the - 8 - 22 H Bond Purc:hase Agreement to happen, to exist and to be per- formed ptecedent to and in the enacranent of this resolution and precedent to the issuance of the Bonds and precedent to the execcition of the Indenture, the Agreement and the Bond Purchase Agreement have happened, do exist and bave been pe rf ormed as so requi red by law. Section 14. The officers of the Issuer, attorneys, engineers and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the Indenture, the Agreement and the Bond Purchase Agreement for the full, punctual and caaplete performance of all the terms, cove- nants and agreements contained in the Bonds, the Indenture, the Agreesnent the Bond Purchase Agreement and thfs resolu- tion. Section 15. The Issuer hereby approves the form of the preliminary Official S tatement, dated November 10, 1983, on file in 1:he office of the City Clerk-Treasurer, and hereby ratifies and confirms its use and distribution by Miller Securities Incorporated and Piper, Jaffray b Hopwood, Inc., the Original Purchasers, in connection with the sale of the Bonds and consents to the distribution of the final Official S tatement to prospective purchasers of the Bonds; however, the Issu��r asstanes no responsibility for the contents of said Official Statement. Section 16. The Trustee is hereby designate3 as the paying, ��uthenticating and transfer agent and registrar for the Bonds. Section 17. The City Manager of the Issuer is hereby designate�d and authorized to act on behalf of the Issuer as the Issu�er Representative (as defined in the Agreement). The City Clerk-Treasurer of the Zssuer is hereby designated and authc>rized to act on behalf of the Issuer as an alter- nate Issu,er Representative. - 9 - Section 18. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED ON NOVEI�ER 21, 1983. ( SEAL j ATTE ST : S idiiey C. I �anan Cler. k-Treasurer William J. Nee, Mayor 22 I Counr,il Member moved the adoption , of the foregoing resolution, the reading of which was dis- pensed with by unanimous consent, which motion was seconded by Counc:il Member , and upon vote being taken th�ereon, the "Ayes," Abstains" and "Nays" were as f ollows : AYE S AB STA IN S NAYS The Mayor thereupon declared said motion carried and adopted. - 10 - I�iemo To: ��ohn Flora, Public �orks Director Hemo From: B�ob Nordahl. Operations Analyst ?lemo Date: rlovember 15. 1983 Sub�ect: F'ire Department Sprinkler System Change Order On October S, 1983, at 11:00 a.m., bids were opened and awarded to install a sprinkler system in the Fire Departmentapparatus floor and the lower level of the Civic Center. Schwicherts' Inc. received the contract for a bid of $15,800. Due to earlier costs estimates of over $20,000 to complete the Civic Center lower level and fire apparatus floor, the Fire Department offices and dormatory were not included in the original plan. Because the bid from Schwickerts' Inc. vas much lower tnen anticipated, additional funds are available to continue the sprinkler system into the Fire Department offices and dormatory. Also, sprinkling the entire Fire Department allows for the greatest cost reduction in insurance rates. Schwickerts' Inc. bid $3,600.00 to complete the office and dormatoiy. This is less than the twenty five percent maximum change order allowance and the same square foot cost as the original bid. Therefore, I recommend that the City Council award the change order to Schwichert Inc. to complete the Fire Department office and dormatory. Please let me know if you need any additional information. xt�/jz 0 � 23 � PUBLIC WORKS DEPARTMENT Engineering Division CITY OF FRIDLEY Fridley, I�IIJ 55432 November 15, 1983 Schwickert Fire Protection 221 Minnesota Street, P.O. Box 487 Mankato, MI�� 56002 Subject: t:hange Order No. 1, 1983 Civic Center Sprinkler System Project Gentlemen: You are he�-eby ordered, authorized and instructed to modify your contract for the 1983 C:�vic Center Sprinkler System Project. ADDITIONS Item 1. Fire Dept. Office b Dormatory 0 uantit Lump Sum Total Addition Unit Price -a Original Contract Price Change Order �il Revised Contract Amount Amount $ 3,600.00 $ 3,600.00 15,800.00 3,600.00 $I9,400.00 23 A 23 � Schwickert i'ire Protection November 15, 1983 Re: Change Ordez No. 1 1983 Ci.vic Center Sprinkler System Project Page 2 Submitted an�d approved by John G. Floza, Public Works Director on the lSth day of Noveaiber, 1983. Prepared by: Checked by: John G. Flora, P.E. Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - Approved and accepted this day of , 1983 by Schwickert Fire Protection. SCHWICKERT FIRE PROTECTION By (Title) - - - - - - - - - - - - - - - - - - - - - - - - Approved and' accepted this day of , 1983 by the City Council of F'ridley, Minnesota. William J. Nee Mayor Nasim M. Qureshi City Manager r F�OR CONCURRENCE BY THE CITY COUNCIL -� � November 21, 1983 STARTING STARTING NAF1E POSITION SALARY DATE Walter J. Lach Operations & 51599 November 14, 5455 Altura Road Maintenance per 1983 Fridley, MN 55421 Person month Public Works Dpt. d 24 APPOINTMENTS � REPLACES Edward Saeffke � � FOR CONCURRENCE 6Y THE CITY COUNCIL " Aerrick & Newman, P.A. 1219 UnivE�rsity Avenue N.E. Fridley, !�I 55432 For ]legal servioes rendered as City Attor.ney for the month of Octaber, 1983 Popham, Ii�iik, Schnobrich, Raufman & Doty Ltd. 4344 ID6 Irenter Minneapol:is, I�1 55402 For ��rofessional services rendered, Novenber 11, 1983 Halverson Construction Canpany 4229 165t]1 Avenue N.E.B00] Wyaning, l�Al, 55092 FINAL ESTIMATE 1983 Misc. Concrete (�rb & C�tter E. A. Hickock & Associates, Inc. 545 Indian Mound Wayzata, ;I+AI 55391 Pl�ase I $1,254.99 Ptiase II $2, 203 .82 Moore Lake Restoration Project for October, 1983 � ESTIMATES $1,893.79 $ 566.57 0 $1,870.00 $3,458.81 25 v�wc�. c. Ma��eR O�v�o ►. M[w�u►w �rEf E sCMYtCR�ItA HERRICK & NEWMAN. P.A. wnORrKrf 1►f �1►Mr � November 10, 1983 City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 October Retainer: EXPENSES ADVANCED: •ii UMIVtRi�h �VtNU[ N t FIIIDLEY, MINNESOTA SS�32 571-]!SO S1650.00 Wayne P. Sticha (Case in Chief Copies re iJise): 211.50 Clerk of Bankruptcy Court: 3.50 RE: Massage Parlor: 2.54 175 xerox copies: 26.25 BALANCE DUE: $1893.79 25 A F�OPHAM, HAIK. SCNNOBRICH, KAUFMAN b DOTY. LTD. WASHINGTON pFfICE SUITE !04 2000 L STREET N W WASHiNGTOK D C 20036 TELEPHpNE AND TELECOP�ER zozae�.s,sr Client hoi FG�7 City ot Fricley 6ttni �?+SiR Gureshi C�?1 University AvEnue N= Fr:�l!y� Ny S��?� AEMIT TO MINNEAPOLIS OFfICE �3ss IOS CEIJTER MINNEAPOIIS. M�NNESOTA S.S�02 TfLEPNONE AND TEIECOPIER e,s-us�eoo For pP�T45517n81 services rendere�� includin�: �atter Ao: 1 25 B oeHVEp o�F�ce 266Q PETRO�lEWiS TOWER DENVEQ CO�Op�DO s020? TEIEPMONE AND TEIECOP�ER 30J•l25� 2660 VOV�rp•�r 11♦ 1�`? � rsz�roous �+aste %'roc�ssi�, • 1C/��/�:.: .�+1sc�155:Or15 tYitF J�hn Fjpr� r?;?I'�in; 'c?r� ce�'rES�on�°n:�• �i�:cussion Witn C:ty �tt;,rn=y �or I�v_r ;r.v_ ��ts. �.�.��.'? �Cr�E:l�:r-21�11 cf �L:.r�Cr:c�E �CZ1'�- fcr _>>r� 'r2-tlfl_• �� / �� _ � :ir'c'iE_ y �15Ct15510��= Yit"► .�C�'r1 rlOf _ 1J Yar'.11 �_rr..k rE:;=r�lny EA;rC a@et1nC• 7�/L:�-3 ::�ti�s�icr ct rosrG h?8rir_ �itt� Kr. M��r1Ck. �r�;.�r:tion fo� F,e_rin;. 1./�'/-� :t��:�_y ziS:�sSi�n; fo� �c�ry ae�tin�;� -a�e=.r _• �-�t? MfIiCyETl�nt �Ob�� InEEL2nyI r�%V1Eu 3tiGrfl?y :e'1:r�1 I'E!5p0!15.. 1:12_/'? i+ork on r�soonsE to �ration t� squl5h Wr:t. 1�/?1/:3 kevi�eW cf n+eT� to City �'an�4:�� Ciscus�i�� ritr+ Jonn �lora. Zf 5: •,, i+R�J11i ��a. �ro`e �siona� Se�vices: ' •-- :xG�ns�s t�jv�ncec: � 1 5 • � . : FnCtCLO;.lES TCtai Fxpe�ses atv2�CeCi Tt;TaL AyOUNT� Tt+I� �iLl:ti;: aw.�uhT OU=_. PR:OF =:LL:NG: T�T4L I►MCUNT 'J�c: 9 1.2? � � � �. ��J•�i iSSC.57 �1. 5 �u. J� ; .11�.:� , . . . .. . 25 C CITY OF FRIDI.EY PUBLIC WOFtKS DEPAR��1T II�1GIl�iEFRING DNLSION 6431 Univer sity Avesue N. E. Fridley► Minnesota 55432 Aonorable :N'ayor and City Co�cil City of F�idley c% Nasim M. Qureshi, City Manager 6431 University Ave�ue N.E. Fridley, I�linnesota 55432 Co�,cil Mer,ibers: Nove;�ber 9, 1983 �;� : Y • 1. �►. ►� �: We hereby submit the Final Estimate No. 6 for Halvorson Construction Cor�pany, 4229 165th Avenue NE, Wyoming, llinnesota 55092 for the 1983 Miscellaneous Concrete Curb and Gutter Contract. Orgiral Contract Final Construction Cost Final Construction Cost I��ss Estimate #1 $ 5,753.00 I,e�ss Estimate i2 3,900.00 I��ss Estimate �3 1,684.00 L,erss Estimate #4 850.00 i,�rss Estimate #5 7,000.00 ANUUfrT I�E FINAL ESTIMATE �6 $20,345.00 $21,057.00 $21,057.00 $19,187.00 $ 1,870.00 We have vi.ewed the work under oontract for the 1983 Miscellaneous Concrete Curb and C�utter Contract, a�nd find that the same is substantially complete in accoroe�nce with the contract doc�nents. I reca�r�end that f inal payment be made uF�on acceptance of the work by your Honorable Body, and that the one-year c�ontractual mainte�ance bor�d ca:�nence on the date listed. Respectf u7.ly sutxnitted, .-- � � r . . �� ' , �= "John G. F]lora, P.E. v Public Wo��ks Director JGF/jh 3/l,/4/12 Prepared by: � Qiecked by: '��lt-z,�-f 'l FOR CONCURRENCE 8Y THE CITY COUNCIL -- CLAIMS NOV CLAI<i hL'P,BERS 301F22 - 323V16 26 _ IFOR CONCURRENCE 6Y THE CtTY COUNCIL � November 21, 1983 �pe of License•. �: Approved By: Solicitor -- LICENSES Citizens for a Better Anne Sturgis James P. Hill Environment Public Safety Director 127 No.7th St. Su i te 204 Mpls. Mn. 55403 Temporary Bingo Church of St. William Robert Schmidt James P. Hill 6111 - 5th St. N.E. Public Safety Director Fridley, Mn. 55432 Fees: Ask for Fees 4Ja i vered Ask for Fees Waivered 27 27 A = F'OR CONCURRENCE BY THE CiTY COUNCIL -- LICENSES November 21, 1983 RESIDENTIAL RENTAL PROPERTY OWNER LOCATION OF BLDG. UNITS FEE APPROVED BY Herbert A. Zwirn 5900 - 3rd Street 4 a36.00 S. J. Olson, 5410 - 5th St. N1= Environ.Ofcr. Fridley, MN 55421 Timothy Q. Fietelc 5346-5348 - 6th Street 1 12.00 " " 14 - 102nd Ave. IVW Coon Rapids, MN 155433 James R. Reynold�� & 5738 - 7th Street 1 12.00 " " Thomas C. Frazee 520 Plymouth Bldi�. Mpls, MN 55402 � ` F�P� CONCURRENCE BY THE CITY COUNCIL - NOVEMBER 21, 1983 28 _ � 198�� COUNCIL MEETING AND HOLIDAY SCHEDULE S M T V i F S lonuory � a 4 s e � e ,o „ �z , ,� � �s ,� �a , z� �� . zs ��--z-r 2a , Ap�tl � z a 4 s e� e ,o �, ,s ,. Z,s , ,� ,a ,c �, r1 � a. ss zo � ze p July , a � s e � -, e +o � tZ t� �s C:' ,s , ,� ,e ,0 20 2, 4? ?e 2S �O 27 �b J��v p��, October ••. • S M 1 V? f S februory � � a s �a � e o �.„ � /0 � 41 ?? ZJ 4� Z5 ze ze �c Moy � 2 � s s e � e o �o ,��j ,z 1 � sZ 2J 2i `45 2e 27 29 JO Jt August t 4 � a s e � e o ,o,� �- ,z �. ,s ,a ,� ,e t9 2?t 4� 2J 2� 2S ?0 4� �9 JO J1 November S M t V i f S Morch , � e � e ��6 , ,s , ,� Z 's°s z° �e p �„ 1�x�e , z � � } e � �v � �� 2 �J �a � �e '� �7 � 2J z� so s� se �o September t � a s e � e � , , �_ � �� Q � � ,/� 2? 23 0 ] `�6 24 JO December 1 2 J 4 S 0 1� � / � c�o �� _,z +� a s e� e o,o s�. s e� e �ta , �e +7� te t� 20 �� + �J u�S �e �.2 �/�l 0 tt t2 tJ �a t5 �� 2t �J 2a`23 20 Z7 .�A +�.� �( ')( �a U-'"I ♦a t 6 �V 20 2t Z2 2D 30 J1 45 27 �Q, 29 JO- � J� 20 27 28 29 KEY * X = Holidays (11) ** 0 = Council Meetings (24) ***[�= Conference Meetings (4) * NOLIDAYS Jan. 2 New Years Day Feb. 20 Pre:�idents Day May 28 Memurial Day July 4 Ind��pendence Day Sept 3 Labi�r Day Oct. 8 Columbus Day Nov. 12 Yet��rans Day Nov. 22 Thai�ksgiving Day Dec. 25 Christmas Day —� 9) Nov. 23 Dec. 24 __�) 11 Day after Thanksgiving Christmas Eve TOT,AL HOLIDAYS Marth 3 - 7 NLC Congressional- City Conference Washington, D. C. June 12 - 15 League of MN Cities Duluth, MN September 15 - 20 1CMA Conference San Antonio, Texas November 24 - 28 NLC Congress of Cities Indianapolis, Ind. *** ** COUNCIL/CONFERENCE MEETINGS Council Meetings will be held the lst and 3rd Monday of each month except for January. March and September when they will be on the 2nd and 4th Monday, and for Febru- ary when it will be on the lst and 4th Monday. Conference Meetings will be held the 5th Monday of January, April, July and October