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09/16/1974 - 5763� � � � � � � � � � � � � � � � PATRICIA RANSTROM COUNCIL SECR�7ARY PUBLIC HEARING MEE7ING SEPTEMBER 16, 7974 ' ' _ _ - _ � �i FRIllL�Y �ITY CQU��CIL PUBLIC HEARI�G (�EETI�G SEPTEMBCR 16, 1974 7.30 P, M, , 7:34 P.M. ! PLEDGE 0� ALLE6IA�CE: � Given , ' . ROLL CALL. All present 1 ' 1 - � Ai�OPT I �►� OF AG E►�D/� : , Additions: Letter From Rmericar� Legian Past #303 Le�ter from P�ir. Pau1 M. Lu6ratt, 424 Rice Creek Blvd., concerning l��oodcrest Baptist Church constructian. ' s STATEME[dT OF CAidV�iSS : � PRIMARY �.LECTIOIV, SEPTEh1BER 1�, 1��. � . . . � . . . . �. — 1 F Adopted. ' ' ` ' PUBLIC NEARI(�GS: �, PUBLIC FiEARING ON A REQU�ST BY GENERAL TELEVISION, I �4C � FOR RATE I NCREA5E � . . � . , � � � � , � . � � � � Z -� Z Fi '� , Public Hearing opened and closed. Questions such as deposit, future rate increases and time of operation d-iscussed. First reading of ordinance amendi��g rates adopted with changes in rates to be as laid out on page 2-C of the agenda (letter from I� ' General Television). I � . �� , I � , _� � � , FRIllLEY PUBLIC HEARI(�G, SEPTEMBER 16, 1974 PU�LIC HEARI�lGS CCO�'JTIi�UED) PUBLIC HEARING ON FINAL �SSESSf�iE�i!" ROLL FOR STREET IMPROVEMEf�T PRUJEC"i ST. 1973-3, � , � , , , . . . . � . Mr. Richard Silverstein, 6675 East River Raad, questioned the correctness of the plat used by City. t�1s. Leslie k�ilbert, 110 632 Way, 56Q-6687, claimed County used por�tions of her property without reimbursement. Publ�ic I{earing ciosed. PaGE 2 3-3A REQUEST BY MR. ALVIN SCNNOBRICH, 56�9 5TH ST. h. E., TO STOP VANDALISM IN TNIS RREA: Public Safety Director directed by h1ayor to review suggestion of visiting of area by Police at different times of night ra�trier than at set pattern. PUBLIC HEP.RING ON FINAL ASSESSMENT ROLL �OR 1974 ISFRVICE �Of�lNECTIONSa � � � � � e � � � � � � � � � �Q � � 4 - 4 B Mr. Howard Crabtree, 7100 Riverview Terrace, questioned credit , available. Also, credit to be discussed vrith h9r. Akbar Sajady, 6745 East River Road. � ' ' , , PUBLIC HEARING ON IMPROVEMEI�T: SEWER, ��ATER AND STORM SEWER IMPROVEMENT PROJECT �0, 116� . � � � � � � � � - 5 � Development of im�rovements of area to be at rate of development of parcels. Public Hearing ciosed. - FRIDLEY PU�LIC NEA�Zii�G, ��SEPTEh1BER 16, � 1.974 PUBLIC I�EkRIi�GS CCOi�TII�UED) PAGE 3 CONTINUED PUBLIC iiEARI[�G AND CONSII�ERATTO�� OF FIRST READING Or° AN ORDINAP�CE A�'iENDIRG FRIDLEY'S CITY CHI�RTER A�iD RECETVING CO(��MUNICATIOPJS FROM CHART�R COMMISSION CHAIRMAN AND LEAGUE OF wOMEfd �OTERS ��ONTI�lUED FROM SEPTEMBER g, 1�%�)� �� 6— 6 S Hearing continued. Counciiman Nee stated if uoted on, he would have to vote against the entire list of amendments. He felt this should be a public act and left up to tt�e voters. His specific objectian would be in the porti�n of the proposal that rec�uires a 55% vote for the passaye of initiative ordinances. Public Heai�ing closed. Charter Commission to make decisian on continuing ac�ion. b �OtJTINUED Pl1BLIC HEARING ON BUDGCT FOf2 1975 ��ONTINUED FRO(� SEPTEM�ER 9, 1974)e . s � � � � � � . � Meeting set for September 28, 1974, Saturday, a.t 8<00 A.M. Councilman Breider to subrnit his stat�ments in writing Uefore this meeting because of his inability to attend the meeting. Public Hearing continued. OL� BUSIiVESS: �ONSIDERATION OF SECOND READING OF AN �RllINANCE FOR REZQNING REQUEST ZOA #74-02 BY BERKELY PUf�1P COMPANY, T� REZONE FROM R-1 TO M-1, LOTS 1 AND 2, BLOCK 13, SPRING BROOK PARK ADDITION; Ig1 ELY STREET N� E� �. Ordinance � adopted and publication ordered. �� ' 7 � $ — $ � I ' ' FRIDLEY PUBLIC HEA�tING, SEPTE�IBER 16, 1974 PAGE 4 1 1 i�EW BUSIP�ESS: 1 CONSIDERATION QF FTRST �'EADING QF ORDINAf�CE FOR ' VACATION iEQJEST, SAV #74-03, �AMES LUND OF AN EASEMENT, GENERALLY LOGATED IN THE �SOO BLOCK ' 1�ETh'EEN 73RD I�VEf�UE AND ONONDAGF+ Si"fiEET �� E� ��, 9- 9 A First reading adopted. � ' , � � ' II��CEIVING THE MINUTES OF THE PARKS AND RECREATION �OMMISSIO�! h�EETING OF AUGUST 26, 1974� � � � � � � � . 1� � l� � ' Counci1 concurred with policy on fencing as submitLed by J. Boardman. Minutes ►~eceived. ' ' ' RECEIVING REPORT ON ARMORY PROPOSAL FQR TFiE ' �ITY OF FRIDLEY� . � � � � � � � � . � � � � � � . � � 11 - 11 F Letter from Casper Gallas, American Legion Post #303 received. ' Administration to prepare Resolution for October 7th agenda. ' ' . . ,,� . �-� ,4 ' ' � FRIllLEY PUBLIC HEaRI��G, SEPTFM�ER 16, 197� PAGE 5 � 1 ��EW �USIi�ESS �CO�TIfJUED� 1 � CONSIDERATIOf� OF RFQUEST f=OR SLATS IN FEfJCE ON WALKWAY� REQUEST BY BERT SLATER, IZ� RI\�ERSEDGE WqY,,,,,,,,,,,,,,,,,,,,,,,,,, 12-12A ' Letter from Mr. 6ert Slater received. Council concurred with recommendation of Puk�lic Works Director and approved request. ' ' , � �ONSIDERATIQN OF A RESQ�UTIOtV �QNFIRt�iING �SSESSMENT , FOR ST, 1�73-3 S-rRE�T I[�iPROVEMENT PRO,�EC-r. ��.�.� 13 � 13 A Resolution #94-1974 adopted. Questian on plat to be researched. � ' ' ' ' CONSIDERATION OF A RESQLUTION TRANSFERRING CERTAIN I' GOSTS �ROM THE ST, 1973-3 ST�EEr IMPROVEMENT PROJECT TO THE ST, 1975-3 STR��-r IMPROV�MENT PROJECT� ��.�� .4 , ' Resolution #95-1974 adopted. . ' ' � , FRIDLEY PUBLIC NEARIidG, SE�TEMBER 16, 1974 IVEW 13ilSII�ESS �GOi'�TI�dUED) CONSIDERATTON OF A RESOLl1TI0t�{ CQN�IRMIl�G ASSESSMENT FOR �.g��4 I��ATER AN1� SEWER �AINS, LaTF�a�.st AND �E��ER COI�NECTI OI�S � � � � � � . � � o � � � � � � � � � � � � Resolution #96-1974 adopted. Credits for ��1r. Crabtree and Mr. Sajaday to be taken care of it applicable. PAGE 6 15-15A CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENi, FIN/�L PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEP,EOF : SEWEk2, WATER AND ST�RM �E.W�R IMPROVE" I�iENT PROJECT i�o. 116s � , , . , , , � , . , . , . , , , 16 Resoiution #97-1974 adopted. I�PPOINTMENT: FRIDLEY ENVIRONMENTAL QUALITY �OMMISSION� � � � � � . . � . . � � . � � . � � � � � , 17 Mr. LeRoy Oquist, 1011 Nackmann Circle, 788-2229 appointed. FRIDL.EY PUBLIC HEARif�G, SEPTEMRER 16, 1974 I�E� BUSII�ESS (CO�TI�JUED) PAG E 7 EST I MATE � � � o � . � e � � � � � � � , . � � . � � � � Ig - 18 A � Approved. RECEIVING CITY OF FRIDLEY FINANCIAL STATEMENT AS OF �ECEMBER 31, 1973, FROM �EORGE �. HANSEN �OMPAf�Y� �,� � 19 Received. � � PAUL L. LUBRATT: WOODCREST BAPTIST CFiURCH Received. JOINT MEETING OF PLANI�ING COMMISSION AND COU(�CIL: Meeting set for Wednesday, September 18, 6:00 P.h1. at George Is in Fridley. a��{�I� : 12:44 A.P�. 94 � � ' " � J THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 16, 197a . i T e P bli Hea in Meetin of the Fridle Cit Counci] of Se tember ]6 ]974 was ca]]ed � h u c r g g y y p . to order at 7:34 P. M, by Mayor Liebl. PLEDGE OF ALLEGIANCE: MEMBERS PRESENT: Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Breider, and Counci7man Starwalt. MEMBERS ABSENT: None. � ADOPTION OF AGENDA: Mayor Liebl said he would like to add the letter sent by the American Legion Post #303 concerning the Armory proposal in Fridley, and also the communication from Mr. LuBratt concerning the construction at Woodcrest Baptist Church. r I MOTION by Councilman Utter to adopt the agerida as amended with the above mentioned additions. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. _ STATEMENT OF CANVASS: STATEMENT OF CANVASS _ . PRIMARY ELECTION � � • SEPTEt46ER 10, 1974 DECLARATIO"! OF' RESULTS THEREOF In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results oP the 1974 Primary Election to be as fo7laas: A. The total number of baliots cast was:' 1�1� ' Ward 1- Precinct 1 86 � Ward 1- Precinct 2 174 • Ward 1- Precinct 3 116 Ward 2- Precinct 1 132 . Ward 2- Precinct 2 9z •' � Ward 2- Precinct 3 157 I alard 3- Precinct 1 164 . '�lard 3 - Precinct 2 64 Ward 3- Precinct 3 92 T07AL 1077 B. The votes for each candidate, number of d2fective, spoiled and not ' voted are as follows: • REPRESENTATIVE IN COPlGRESS 5TH DISTRICT �l-1 P-1 'd-1 P-2 W-7 P-3 +1-2 P-1 W-2 P-2 l•!-2 P-3 l•!-3 P-1 �il-3 P-2 ;!-3 P-3 TOTAL DFL TICKE7 . .OonaTd (i. Fraser 50 96 c4 82 57 83 105 45 55 637 60P TICKET Phil • ` Ratte 1T 33 24 26 11 46 29 9 16 216 S�oiled, Defective � or Not � Yoted 19 40 28 24 24 28 30 10 21 224 TOTAI: 86 174 116 132 92 157 164 64 92 1077 � . ; � , _- _ .� __� � � i_ _-- -- � i PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 __.____________ _-------.--- --;1 95.. � �- i - PAGE 2 ' . I i STATEMEtJT Or CAPlVASS PRI�AFIRY ELECTI0�1 SEPTEi16ER 10, 1974 REPRESENTATIUE IN LEGISLATURE DISTRICT 46A W-1 P-1 W-1 P-2 :J-1 P-3 :J-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 4l-3 P-2 W-3 P-3 TOTdL OFL TICKET Paul 14cCarron 54 98 57 104 313 rOP TiCKET � Jack 0. " Kirkham 11 Z$ $ 14 61 Spoiled, � • ' Defective � � or Not � Voted 21 48 27 46 142 TOTAL: 86 174 92 164 516 DFL TICKET _ Wayne = . Simoneau GOP TICKET Fred ' . Syrdal Spoiled, Defective or Not Yoted TOTAL: � REPRESENTATIVE IN LEGISLATURE DISTRIST 466 61 80 78 44 58 321 27 25 �_ 51__ _ . l0 15 _ 128 i 28 27 - 28 10 19 112 ', . ' 116 132 157 64 92 561 GOVERNOR ANU LIEU7EPlANT GOVERPlOR W-1 P-1 !V-1 °-2 !J-1 °-3 W-2 P-1 W-2 P-2 41-2 P-3 4l-3 P-1 4l-3 P-2 �d-3 P-3 TOTAL DFL TICKET � pnderson & Perpich 43 87 55 75 49 71 87 39 • 47 553 �4cDonald & Eakman 10 13 4 9 5 12 �3 3 7-- �6 GOP TICKET Johnson & ' •Hoberg 17 �2 30 26 15 5Q 31 10 14 235 Spoited, Defec ti ve or Not Yoted 16 32 27 22 23 24 33 12 24 213 , T07AL: 86 174 116 132 92 157 164 64 92 1077 �, i-, � ', + ' � � � ' ! � 3 � , � ! k f � ' � ; � F �� f I � �- i(' I i i i t, � � � ;� ' $ 96� PUBLIC HEARING MEETING OF SEPTEMBER 16, ,1974 STATEPIENT OF CA��VASS SECRETARY OF STATE PAGE 3 PRIMARY ELECTIO!! SEPTEt46ER 10, 1974 -, I I , I I I i i i i DFE TICKET j Joan A. Growe 25 56 29 34 35 57 54 25 27 342 � Richard J. ' Noortan 30 48 33 46 21 26 44 18 33 299 f 60P TICKET j Arlen � Erdahl 17 43 29 26 13 53 31 �10 14 236 Spoiled, . I Defective % or Not ! Voted T4 27 25 26 23 21_ 35_ 11 18 _ 200 � . � T07AL: 86 174 116 132 92 157 164 64 42 1077 ; M i � � � STATE AUUITUR . W-1 P-1 W-1 P-2 W-1 P-3 W-2 P-1 ld-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 bl-3 P-3 70T",l DFL TICKET . _.� . . � Alcuin _ Loehr i8 26 19 3l 24 21 25 19 _ 21 _ 204 Robert tJ. Mattson 33 77� 43 47 30 54 69 23 38 414 GOP TICKET - -. Rolland F. . ' Hatfield _ 17 41 30 26 13 51 32 lU 14 234 Spoiled, Defective . - I � ar Not � I Voted 78 30 24 28 25 31 38 12 19 225 k � � ' { TOTAL: 86 174 116 132 92 157 164 64 92 1077 . � � - STATE TREASURER � . I r � [ DfL TICKcT . � � • Jim Lord 43 100 63 81 55 79 98 45 58 627 �, � � GOP TICKEi' ` f J. Robert � �; Stassen 17 43 31 26 14 53 32 10 14 240 � Spoiled, � � Defective I � or Not ' Yoted 21 31 22 25 23 25 34 �9 20 210 � � TOTAL: 86 174 116 132 92_ 157 164 54 92 1077 � � „: �. PUBLIC HEARING MEETIfdG OF SEPTEMBER 16, 1974 __--- --�7 : �1 � � PAGE 4 . � I I � i STATEMEPJT OF CAPlVASS PRIF1ARY ELECTiON ', S£PTEt�IBER 10, 1974 ATTORNEY GENERAL �I � � W-1 P-1 !�I-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 1J-2 P-3 4l-3 P-1 W-3 P-2 W-3 P-3 TOTAL i DFL TICKET �� i Warren . ' Spannaus 52 103 64 82 58 82 102 48 59 650 GOP TICKE7 j . i Oean A. ' Nyquist 16 42 30 25 13 51 31 10 14 232 Spoiled, i Defective � ' or Not 18 29 22 25 21 24 31 6 19 195 • Voted � i I TOTAI: � 174 116 132 92 151 16A 64 92 7077 i COUNTY AUDITOR . � �Harley a P2 15 8 4� 12 4 4 5 78 Narnden Char7es R. � Lefebvre 41 89 45 67 47 81 75 34 54 533 Lauren W. � Turnquist 16 16 18 13 11 24 26 9 7 140 Spoiled, � Oefective i or Not � Voted 25 47 38 44 30 4U 59 17 26 326 � � TOTAL: 86 174 116 132 92 157 164 64 92 1077 ' � C. 7he names of the judges of election are as follows: � WARD 1 PRECIPdCT 1 'dARO 1 PRECINCT 2 I i Marilyn Beck Joyce McClellan � ` Geraldine Shzrve Dorothy Houck . ! Nancy Londroche 5hirley Kohlan � Bette Forster Carol Leuders i Anita Hitzeman Pat Register . � • Dorothe Marleau t7ary Sullivan. . • i WARO 1 FRECINT 3 Velma Pinks Alice Mol Barbara Chrissie Rosella Amar Sharon Nippen Dorothy Heule WARD 2 - PRECIPlCT 1 Virginia Locker Betty Drezney Caroline Svendsen Gerri Engdahl Virginia Steinmetz Doris Reiners I � � � �; I �-; 5 f 98 � -:PUBLIC HEARIIJG MEETIf�G OF SEPTEt�16ER 16, 1974 PAGE 5 � � , , ' STATEMENT OF CANVASS PRIhiARY ELECTION SEPTEf1BER 10, 1974 - - -- ' , � C. The names of the judges of election are as follows: (Continued) � — . I . _ , I � i WARD 2- PRECINCT 2 WARD 2- PRECINCT 3 � Jeanette Micholski Beverly Kinsman ' I Edna Garaffa Jean 4lagar i Catherine Scott Edna Erickson i Kathryn Follmuth Adaline Swanson Alice Turner Judy Engelbretson i Marlys Lisowski - _ i . i � � WARD 3- PRECINCT 7 WRRD 3� PRECINCT 2 � � . � Arly Flaherty PaC �ittes �• � CTaudia K. Vescio Qarlene Valtin . . Connie Samuelson Barbara Gohman � - Janet Crego Dolores Christenson Evelyn Holtze Barbara Neenan � WARD 3- PRECItdCF 3 - ABSENTEE PRECINCT Nelen Treuenfels � Mary Ellen Storley Jean 3ohnson Sonja Erickson • Alice Blake JoAnn Holm Sharon Reemsta ' - - :. 3ean Jackson � I Linda Tatley ' . I �1 � �17`Ru<��i � � sj • MAYOR - FRAtIK G LI� I i _�' ��= / �\ , ' COUNCILh1AW TIM BREIDER ,�� J�C.� l< ,• Cr%�'�'�� : COUNCILhU1f1 W, R. STARWAL �i1.e'c.1/-,f (/ . L�{`��'��=�L. ' : CouvCtu•tnr� EVERETT F. UTTER (/V {.� ' ?l� . - r�t COUNGIIhtArt WjL AM J. NEE . • . , � G 1 �; I� i. , �; � �' � 4 i �� PUBLIC HEARING MEETING OF SEPTEMBER 16, 7974 PAGE 6 MOTION by Councilman Utter to adopt the Statement of Canvass, Primary Election of September 10, 1974. Secanded by Councilman Nee. Upan a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON A REQUEST BY GENERAL TELEVISION, INC. FOR RATE INCREASE: Mayor Lieb7 read the pvbl9c hearing notice. MOTION by Councilman Starwal� to open the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 7:37 P.M. Mayor Liebl called on the representatives of General Television to make a presentation. Mr. Robert Hinkley addressed the Counci7 and referred to his letter to the City ' dated August 14, 1974 in which this request for the rate increase was proposed. He explained the request to be for the primary connection rate which had been set at $5.50 per month and was being requested to be increased to $8.00 per month. Mr. Hinkley pointed out that in 1971, the Company had projected an expenc�iture of one million dollars for the physical insta7lation within the City which would inc7ude the construction of the building and ihe cabie throughout the City. Mr. Hinkley continued to point out that the total expenditure had mounted to 1.6 million dollars rather than the projected million. Mr. Hinkley continued stating the level of inflation and the increase in ttie cost of money, from 6� in 1971 to 12� at the present time, made it mandatory for the company to request this increase. Mr. Hinkley said the requested amount, $8, would not be put into effect at the present time. He said they had planned to increase the amount to $7.50 at the present time and if needed, go to the $8.00 in the future. He suggested the Counci7 approve the $8 amount as a ceiling. Mayor Liebl questioned if the cab]e had been strung, if the studio is completed and the system operable. Mr. H9nkely said yes. Mayor Liebl asked if the question of the placement of the antenna had been solved. Mr. Hinkley explained that there would be no further concern by the City of Fridley about the placement of the antenna. He pohted out that the Company had made arrangements to install this on the IDS building to receive the signal from Chicago. He said a receiver would be constructed at the present General Television facility. Mayor Liebl said the people have a choice whether or not to purchase the system, but it would be the Council's responsibility to make sure that the rates wi71 not be changed i�� a short time. He said he would like to be sure and see some assurances that the working people can buy this product. He said he felt $8 would be too high, since other companies are averaging $6.95 to $7.00. Mr. Hinkley stated that some company's r� s are aver $9 he said he knew of one company charging $8,75 and recalled this was in the Rapid City South Dakota area�. He said there is a wave of increases in all of the systems in the country. He said they have begun to reaiize they cannot operate any longer at the present rate. He firmly stated thpre is a neva cycle of rate increase because they cannot operate at $6 or $6.50, he further explainee it would not be this way in six months to a year from this time. Nir. Hinkley stated the City may be granting a higher rate at the present time, but the other companies would be catching up. Mr. Hirkley continued to explain that he thought that he tvas asking for a fair and honest rate and thought if the company woulcl begin operation asking for the $5.50, ihe people would be discouraged if the rate inceased in a few months. Mayor Liebl said he would like the Company's assurance that they would not be coming in in two years and saying they needed $2.00 more. Mr. Hinkley said he could give the City this assurance because he could not sell the product at this price. I Councilman Starwalt asked when the target date for the turn on of the system was scheduled. Mr. Hinkley said he was planning very seriously on a turn on �ime of about November 1, 1974. Ne said this was currently hinging on the del�very of the chicago signal. He continued that this could have been turned on a month ago, but �.-� the Company felt they should deliver the complete system including the distant signal at the time of turn on, _. _ _.._ . __. , ' �� ' 100 PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 7 Mr. Tom Myhra, member of the Cable Television Commission addressed the Council and said he was the spokesman for the Commission at the preserit meeting in the absence of the Chairman and Vice Chairman of �he Commission. Mr. Myhra explained that the consensus of the Commission was that the $8 suggestion would be a fair amount if the entire sum was not used at the present time but, the additional 50¢ would not be instituted for one and a half years from the beginning of the system. He continued the Commission felt after listening to the Company that the added cost and patterns in the economy were justified in the request for the interest. He said this would be a quality system in Fridley, not only the plant but also the programs. He explained up unti7 this time, the Commission had concerned themselves with the fun aspects of the system and now they had been forced to get down to the knitty gritty and they had been told to make a decision of recommendation to the Council. Mr. Myhra said the Commission felt the $7.50 was a justifiable amount, eventhough this is a sizeable amount of money. Mayor Liebl asked how many of the members of the Commission were present at this � meeting. Mr. Myhra said Father Ed was absent at the first meeting and Mr. Haines was � absent at the second meeting. He said at both meetings, there was a unanimous vote. � Mr. Myhra indicated he did not know how Mr. Haines would have voted. Mr. Zeglen said he had talked to Mr, Haines and he favored the current proposal. , , CJ � � ' � ' 1 II � � , Mayor Liebl asked if there would be an open house. Mr. Hinkley said he did not think there would be a formal open house planned before the system was to be turned on. Ne pointed out that there had been some programing done out of the Fridley studio and people are welcome at the studio facilities. � A member of the audience said, "We don't have to take it, or pay for it?" and Mayor Liebl said no. It would be the people's privilege to hook up to the system, and if they did not want to, they did not have to. He said if the people choose to hook up they would be paying $7.50 per month. Mr. Ninkley said it seemed to be the fee7ing of the audience that if the Company failed, the City would take over. He continued, this is not true. He said the Company would be allowed so many days to remove the cables from the City. Mr. Richard Harris, 6200 River View Terrace, asked if it would be possible for a customer to reject the service after beginning to take it. Mr. Hinkley said the customer could reject the service at any time and at any day, there is no service contract involved. Councilman Breider said one thing the Council had put into this was that there would be no disconnection fee. Mr. Harris continued saying the City does have the option to pick up the business if the Company fai7s. Mayor LIebl said this would be if the City had the money and wanted to get into the Cable Television business. Mr. Myhra said he was on the Committee and had looked at this ordinance before it was passed. He said at this time the Committee felt the City should have the first right to purchase, Mr. Hinkley read this portion of the ordinance which said the City could condemn, purchase or drive the Company out of the City. '. Mr. Hinkley said there would be a deposit which would not be for the Cable service but for the converter which is used because there ��ould be more channels than on a normal television. He said ihis would be 16 channels and this converter makes the average set accept more than 12 channels. Mr. Hinkley�further exp7ained that this converter cost the Company $35. He said just like the City who is not allowed to charge a monthly charge on the use of the gear, and also unable to receive the money from the customer without paying interest on the money for_ deposit, at the end of the use of the equipment by the customer, the customer would get the money back plus interest that had accumulated over the period of time of the usage. Mr. Hinkley further explained that the Company is in the process of formu]ating a policy for allowing the customers to pay partial payments for the use of the converter rather than making a lump sum payment. He explained the Company would have to require the deposit, explaining that the converter is so much fun, that the people will want to take them with them for use on their regular televisions to change channe7s. A member of the audience asked if the service is disconnected, would the customer be returned Lhe deposit. Mr. Hinkley said yes, the customer would get the money back and the Company would get the gadget back. �� ] �1 PUBLIC HEARING MEETING OF �EPTEMBEft 76, ]974 PAGE 8 Mayor Liebl asked what would happen if the converter did not work. Mr. Hinkley said the converter would be rep7aced, Mr. Hink7ey said t;�e Company wants the converter to work properly. Commissioner McDonald, State Cab7e Television Commission introduced himself. Councilman Nee questioned Commissioner McDonald concerning the court regulations on utilities and their operation for a profit. The Acting City Attorney, James Gibbs, said this question was before the Supr.eme Court at the present time. Commissioner McDonald said the Cable Television operatinn is not a public utility, and tFis is excluded from regulatory rates, He said the Commission did receive the rate information and this is all privileged informat�on ard cannot be revealed. He said the State Commission wou]d have na jurisdiction whatsoever, Mr. McDorald said to this point he would commend the City and the Company for taking the proper steps. MOTION by Councilman Utter to close the Public Hearing. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the rate increase by General Te7evision c7osed at 8:35 P.M. MOTION by Councilman Utter to adopt the first reading of the ordinance, waiving the reading, as set forih in the August 14, letter io Mayor Liebl from General Te7evision concerning Section 405.222 as on page 2-C of the agenda. Seconded by Councilman Starwalt, Mayor Liebl said with this motion the rate would be $7.50 for the next one and a half years. Mr. Ninkley said this would be correct and the Company would submit a memo of understanding. The City Managei° said this couid be submitted before the second reading of the ordinance. . UPON A ROLL CALL VOTE, Councilman Breider, Councilman Starwalt, Mayor Liebl, Councilman Utter and Councilman Nee voting aye, Mayor Liebl declared the motion carried unanimous�y and the ordinance adopted on first reading. The City Manager said this would be effective about October 10, if this were passed on the second readirg the following week. PUBLIC HEARING ON FIN.AL ASSESSMEN7 ROLI FOR STREET IMPROVEMENT PROJECT ST. 1973-3: MOTIO� by Councilman areider to waive the reading of the public hearing notice and open the pubtic hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl de�lared the motion carried unanimously and the public hearing opened at 9:02 P.M. The Public Work Uirector pointed out that this was work involving the improvement of East River Road from 63rd Way south to Rice Creek and was under ST. 1973-3. He further explained that this was basically an Anoka County Project. He continued to exp7ain that the price for the curb and gutter in comparison to the normal cost of the improvement of this i:ype ($71.30 per foot). Mr. Sobiech said the curb and gutter in this project would be $2.37 per front foot and the side yard assessment would be 46¢ per foot. Mr, Mervin Herrmann, Assessor, pointed out the area to be assessed on the map on the screen. The Finance Director, Marvin Brunsell, said this is consistant with the policy adopted by the City in 1961. Mr. Donovan Schu]tz, ]5 Rice Creek Way, addressed the Council and asked why th9s was being done. Mr. Herrmann continued to explain the side yard assessment policy as it t related to Mr. Schultz's property, I �__ _.__ Mr. Silverstein, 6675 East River Road addressed the Council and questioned the method of assessment used on his property, He further stated that the home on this property faces East River Road and questioned why this should be a side yard assessment. The Finance Director said the policy of the City would be to assess the shortest distance of the property as the side street section. He said this wouid be done by going according to the platting of the property. Mr. Herrmann continued to explain that if the property were platted to the font, it only should be assessed to Mr. Silverstein. Now there is a 46� per foot on each foot for the s9de yard. 6 { rr � " ' � ' CJ lU2 PUBIIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 9 � There was additional discussion on the method of assessment when the narrow portion ' was again pointed out to the front portion of the proper�y by both Mr. Herrmann and Mr. Brunsell. Mayor Liebl stated there wou7d be law suits by people if the policy � were changed at this time. He stated, this had been followed for the past 20 years. � Mrs. Leslie Wilbert, 110 632 Way, addressed the Council and said she had suffered structural damage from the improvement. She said she had forfeited 15 feet of her property. She said she was not contacted, and she felt that the County had taken her land. ' Mrs. Wilbert said she had called the County and they had instructed her to obtain a survey of the property. She explained at the rate of $125, which was quoted to the people across the street when they obtained a similar survey. , i The City Manager said the County said they had stayed within their right of way. I He explained that people often times feel that they own more property than they do i because of the amount of boulevard, etc. The City Manager said the City would be � able to aid in this type of survey. C� ' , , - L� , , ' ' � 1 � � Mayor tiebl asked the Finance Director if it would be possible for future Councils to assess the property on Rice Creek Way for a side yard assessment. Mr. Brunsell said this would not be possible. Mayor Liebl said before the hearing is closed, he would like to direct the Administration ' to check out the ownership of Lot number 21, as questioned by Mr. Silverstein. The finance Director said the only change in the assessments in this area that wou7d be brought about by the change in ownership would be a change on the corner lot, all of the remainder would be the same. Mr. Brunsell further explained taht the people , of the area would have 30 days from the date of the hearing to pay the assessments without the addition of interest. He said after this point, the balance will be � placed on the tax statement and charged to the home owners with the taxes over a ten year period of time at the interest rate of 7a%. ! MOTION by Councilman Utter to ciose the Public Hearing. Seconded by Councilman Nee. ',' Upon a voice vote, all voting aye, Mayor �iebl declared the motion carried unanimousiy and the Public Hearing closed at 10:04 P.M. �� REQUEST BY MR ALVIN SCHNOBRICH, 5649 5TN STREET N. E., TO STOP VANDALISM IN THIS AREA: Mr. Schnobrich, 5649 5th Street N. E., addressed the Council and said he was told that he would be able to address the Council during the Visitor's section of the agenda, but he had noted that there was no such section on the agenda this meeting and being in poor health, he would like to do this at the present time. � i Mr. Schnobrich said he had called the inspection department at City Hall and was told that he could not put up a snow fence in the area where he would like to stop the ', vandalism. He continued to explain the many types of problems in his area caused by j the drive in theatre being close. � Mayor Liebl said Mr. Schnobrich had called him a couple of weeks ago and indicated some � problems with the curfew not being enforced in this area. He said he had talked � to Councilman Starwalt and also the Engineering department about these complaints. � � Mr. Schnobrich also suggested that the policing of the area be done at unscheduled or � unexpected times during the day so the young people would not know when they are � coming. Mayor Liebl said the Public Safety Director should note this suggestion. i (Note: 8ecause of the number of people present for the consideration of the � continuation of the Public Hearing on the Charter Amendments, Mayor Liebl declared � that this item would be taken care of next on the agenda.) CONINUED PUBLIC HEARING ON CONSIDERATIOPJ � THE fIRST READING OF AN ORDINANCE AMENDING FRID�EY S CITY CHARTER AND RECEIVING COf�1P�iUNI Ti S FROM THE CHAR ER M ISSI N ; ND E GU OF WO E U E S N I [D f , i MOTION by Councilman Starwalt to reopen the Public Hearing on the Charter Amendments. i Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared j the motion carried unanimously and the public hearing reopened at 10:10 P.M. � Mr. Ray Sheridan, Chairman of the Charter Commission addressed the Council and said he PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 10 �n� placed a call to City Hall and dictated a letter to the City Council. He indicated he had received the minutes of the public hearing section of the meeting of September 9, �1974 in which this topic was disaassed. Mr. Sheridan read the letter which was within the agenda aloud to the Council and audience. Mr. Sheridan said he was in attendance at the meeting to answer any questions about the proposed Charter Amendments. Mayor Liebl said he concurred in everything that the Charter Commission had recommended as they appear on page 6-A through 5-J of the agenda and were adopted unanimously by the Charter Co�nission. He said the amendments would have to be adopted unanimously by the Council to pass in ordinance form or they would be submitted to the people of the City at an election. The City Attorney said the Council would have the alternative to approve a portion of the proposed amendments and leave the rest up to the people. Mr. Sheridan said the schedule had been set so that if the proposed amendments were not ad�pted by the Council in whole, they could be put on the balloi in November. i Mayor Liebl asked if the recommendation could be submitted to the Council for further study the next year. Mr. Sheridan said this would be possible. i Mayor Liebl asked if there was anyone on the Council that did not agree with the proposed recommendations as submitted by the Charter Co�r�nission. Mayor Liebl said he concurred with the recommendation of the Charter Corrnnission. Councilman Utter said he had made this clear last time, he said �e nembers of the Charter Commissi�n had been picked by a judge and this was no political endeavor. He mentioned the amaunt of time and study that had been put into the recommendations and said the amount of work would deserve credit and he added, he would have to go along with the Charter Corr�nission recomenendation. Councilman Breider said at the Public Hearing, the iast two items had been discussed extensively, this was the filling of vacancies in the Council and the Special Election within 60 days to fill the unexpired term. Mr. Sheridan �.id the Charter Co�nission felt that this should be left as it is and that ihe Council could appoint until the next e]ection. He said they were more concerned about the total expense to the City under the current procedure. Mr. Sheridan said this proposal could be studied for the 1975 session and the Commission could make suggestions for or against this proposal. He said the Commission had not made a recommendation to change the p•roposal. Councilman Breider said he would like some flexibility in the Ordinance,tie questioned if the term would run out in October and the person would have to run again in November. Mr. Ray Sheridan said the special election would be for the unexpired term in this case. Councilman Breider said the only other part whare there was much question was that portion pertaining to the circulation of petiiions. He said according to the proposed language, it wou]d be the committee's responsibility to inform the circulator of petitions of the lawful procedures to follow and this would make the entire group cognizant of the proper way to orientate them. He said this would provide guidance in this area. Couniclman Breider said he felt this should be c�one administratively and , he said he would concur with the recommendations of the Charter Commission. , Mayor Liebl said if additional information is submitted on these quetions, this should be submitted to the Charter Gorr9nission for additional study of the matter. Counc�]man Starwalt said he agreed with the full recommendation of the Charter Commission. Councilman Nee said there is only one piece of the recommendation that he disagreed with and this would refer to the 55% criteria for initiative petitions. He said this power should be granted by the public and he felt the public should vote on this. He said he would vote aganst the entire recomrnendation because he felt this should be, in many cases, handled by the public vote, but he would disagree with this particular one if submitted as an individual ballot item. He said if submitted in a ballot, he would vote yes on all but the one on the 55% criteria. Mayor Liebl referred to the statement made by the people attending the previous public hearing meeting of the Council. He said he would like to listen to the tape of this Charter Commission section of the meeting and the discussion. Mayor Liebl said maybe, we should have than typed up. Mayor Liebl said he would Tike a detailed copy of these minutes. He continued stating he did not think tlie rninutes reflected what had been said at the meeting. i � _ ___._ i � � . ' (— � 104 PUBLIC HEARING MEETING OF SEPTEMQER 16, 1974 Councilman Utter agreed with Mayor Liebl. __ ___ __ _ __ _____ _.____ -- ___. ___ _ ____ _ � PAGE 11 Mayor Liebl said he hoped the minutes are not erased and he directed this statement to Mr. Herlofsky, Administrative Assistant. He again s aid he arould like a point by point description of wha* the people had said. Mr. Sheridan said all but one of the items would be voted on by the Council in ordin- ance form. Councilman Nee clarified his position by stating he wouldrat vote against any of the items except that one, but he felt the passage of these items should be done by public act. Mr. Sheridan said Mr. Nee did not go alony with tris t,yre of legislation �y ordinance. �1r. Sheridan continued if it is not done by unanimously vote, this should be placed on the ballot. P�Ir. Sheridan suggested that the cost of this matter going on the ballot should be studied by the Administration and submitted to the Corruroission. fle also felt that this may be more feasible if this was done in a stage by stage vote. Councilman Breider said some of the items are clean up items and asked if there would be any way of isolating some of ti�e items. Councilman Nee said if this is to be adopted in time, it w�uld have to be submitted to the electorate. He used the example of the Administration spending to be going from $1,000 to $5,000 and said this change should be done by public act. Councilman Nee said he favored giving the Adininistration the latitude. Councilman Nee continued stating many of the items in the Charter recommendations are policy things, the interest and bonds may not be but ene half dozen things are for the convenience and would increase the descretion of the Auministration. Councilman Nee said he did not wish to be rude to the Commission and he intended to vote for all but one section. He said some of the areas of question should be placed on the ballot. Mayor Liebl said the Charter Commission had researched other City Charters to come up with this recommendation. He said the recommendation had been acceptable to him. He said now the burden lies with the Commission as an offical and practical matter of getting this on the ballot. MOTION by Couniclman Utter to close the Public Hearing. Secanded by Councimlan Starwalt. Upon a voice vote, all voting aye, htayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:09 P.M. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR 1974 SERVICE CONNECT The Finance Director said this would apply to those who are connecting to the existing line and had not been assessed before. Fle said this was done by Ordinance No. 113 and Resolution number 86-1962. MOTION by Councilman Starwalt to open the public hearing and waive the reading of the Public Hearing notice. Seconded by Councilman Breider. U pon a voice vote> all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 11:10 P.M. Mr. Howard Crabtree, 7100 Riverview Terrace question�l the matter of obtaining credit for the xost of connection. The Finance Director assured Mr. Crabtree that this was correct and said he would be in touch with him on this matter and he would receive the credit if applicable. The Assessor, Mr. Mervin Herrmann, said he had talked to Mr. Akbar Sajady, 6745 East River Roacl who tiad also questioned the credit. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:13 P.M. MOTION by Councilman Starwalt to adopt the roll for the 1974 Service Connections with the exception uf the two questior�s to be answered by the Finance Uirector and with a credit if applicable. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. II�-� l05 PUBLIC HEARING MEETING OF SEPTFMEER 16, 1574 f'AGE 12 PUBLIC HEaRING ON iMPROUEMEN7: SEWE.k, 4��AT[R ANb STORM SEWER 1�1PROVFMED�T PROJFCT N0. 116: MOTION by C,ouncimlan Utter to waive the reac+ina of the Public Hearing notice and op2n th� Public Hzaring. Seco�ded 5y Courcilmar, �!ee. �po;; a vcice vote, all voting aye, "layor Liebl d2clared the motion carried unaiiimously and the Public Nearing opened at 11;17 P.M. The Public Works Uirector said ihe sanitary sewer lateral ��iil be in the area of $19.32 per fooi, the water iacerai is �21.15 per foot ai�d the storm sevier is $6.52 100 per square feet. He furiher expla�ined that ihe Project h1o. 116 is the remainder of this area and entirely un Greai Norchern Indusirial plat site. Mayor Liebl asked if ihere were any questions from ttie Csurlington Northern people. A represeniative of Bur�ington fVe�°thern saici they haci petitioned for the improvement, they wani te have the work done, but they did not want the work to be done all at one time. Nr. Qave Olson, Industr�ial Development Division, questioned if i;he lines as shown for the development would put the sevyer lines on the Railroad tracks. Th� Public Works Director saic� this was the boundary for the storm sewer. P,noth�r representative of the Company said t�ey woui;' li�ce the work �o ue done when they need it done. Mayor Lie�l said it would be riecessar.y to oi�i,ain the specifications for the project. The City Mariager said they had .F,�ld the hearinq on the eniire improvement so they could work with 5url�ingt:on Northern and the Company wou��d not have to con;e back ±n the Courcil for a i�earino at every step of the development. If the laterals are to be put ir in the future, this wili be the owners decision. Councilman Utter questioned the estimated cest for• the whole project and asked if in two ,�e�rs there ��,rould ha��e to be a ne�;� pric��. Th� City t�lana:�er said the estimates are high �r�ugh to reflact ihe addition to the cost ir� the futu•re. I;e said ��e hoped this improvement would not be stretched over the next ten to twenty years. He said if the difTerence is too far out of line, they wo!�ld notify the Con�oany and the assess- ment would have to be changed. 1'iie represeni:ative said he had been oieased about the way ihe other project had gone. He added witn Lhe coopera�iion of the City, tne development is coming alonq. The representative of Burlingto7 Northern said if ihe i:iiy would have trouble with the bids, would they notify Burlington Northern about +his. The City Manager said tPiis wouTd be dune. I�iu7IuW �y i;ounci7man Utier to c;ose the Nublic Hear9ng. Seconded by Councilman Starwalt. •Upon a voice vo�e, all voting aye, h�ayoN L�ieb'I declared the motion carried and the Public Nearing closed at 11:28 P.M. CONTINUED PUBLIC HFARING Of� BUDGET FOR 1975 (CONTIi'dUED FROM SEPTEtdBER ), 1974)• Mayor Liebl suggesied Saturday; September 2t3th for the budget m�e�ing. Councilman Breider said he svouid ue oui ef town at this date. The City Manager said the mill levy would have to be submitteri to the Caunty by the lOth of October. He hooed that this could be done earlier because t"is ��ould reouire some paper work after tihe meeting with the Counc�l xiorder to submit the documentatioi�. Mayor Liebl said he would like two to i;i�ree vaeeks to go through the budget. Mayor Liebl continued to explain th�.t Lhe City Manager had cut a great deal from the individual departments at the present iime. �"ayor Liebl said �;-,e rreinuers of the Counci1 would have to do their homework and he would like to make this a Saturday rathPr than an evening meeting wnich would mosi lik��y �o into the early morning hours. The City i�lanager said tnis would have to be submitted by tne 10±h to the County and the City Council would have io adopt ihis oy Lhe 7th. � Councilman Breider said he would submit nis �vrit,ten comments before this time. i�layor Liebl said the meeting would be Saturday mor,ling at 23 A.M. MOTION by Councilman Utt�r to closc the PuLlic Hea�,�ng and that it he continued to Saturday, September 2£�. Secorided �y Counciln,an Breider. Upon a voice vote, all voting -�_ __ _ . _ _ _ _ _ _ _ _ _ _.__ ___ _ . _ __ _ . � � � , � i lUE� � ; PUBLIC HEARIty6 MEETIhG OF SEPTEM[iER 16, j974 PAGE 13 i I � �' aye, Mayor Liebl dec7ared the motion carried unanimously and the Public Hearing on the � � �� ' ' , � � � � ' ' ' � budget continued uni.li Saturday, Septem�er 28, 8 A.M. ORDINAfVCE N0. 569 - RE7_ONING REQUEST 7_Ol� #74-OZ, CsY BE:P.KELY PUMP COP1PANY, TO REZONE FROi�h ft-1 , TO I�t-1 , LOi S i HP7D 2, BLOCK 13, SPRII�G BROOK PARK ADDITION: 181 FI V CTRFGT N G� �� ! The Public Works Directo r said t;c ��oul� recommend the second reading of the Ordinance at this meeting. He said the appropriate agreement has been submitted. He also sa�i� he would reco!notiended that the ordinance be adopted. i�10TI0P! by Cour.cilman Nee to adopt the Ordinance on second reading, waive the reading and orde�� publica.tion of ttie Or�dinance. Seconded by Councilman Breider. Upon a roll call vote, Co�mcilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breide�� voting aye, Mayor Lieb1 declared the mo�ion carried unanimously. MOTION by Councilman Nee to concur with the agreement and authorize the Mayor and Cit.y Mana,er to sign the agreement. Sec.onded Uy Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous?y. NEW BUSIfvESS: COIVSIDERATION QF FIRST REF:DING 0!" AN ORDI«t�.l�CE JAMES Wf��D OF F\f� Et1SEf�ENT, GERERP,LLY LOCPilEU I ONONUA��1 STREET N. E :J VACATION REOUEST AND MOTION b,y Councilman Breidcr to �vaive i;he reading of the ordinance and adopt the Ordinance on the first reading. Seconded by Cour�ciiman Utter. Upon a roll call vote, P1ayor Liebl, Counciln;an Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt voting aye, Mayor Liebl declared the the Ord�inance adopted on the first readisig. • • , RECEIVING THE i+IINUTES OF TNE PARKS Fl[�D RECREATION MEETING OF AUGUST 26, 1974: MOTION by Counciman Breider to receive the minutes for discussion purposes. Seconded by Gouncilman Staraaalt. Councilman Bi°eider questioned the installation of the score board. Councilman Utter said he had talked to h1r. Brown, Director of Parks and Recreation, �nd the City Manager concerning this installation the previous Friday, and this will be installed with a temporar�� hookup for the time being. The City Manager said this is being taken care of this �-�eek. Mayor Liebl called the Council's attention to the memo from the Planning Assistant, Jerry Boardman, and read it to the members of the Council and audience. Councilman Nee said he agreed with the content of the memo. Councilman Utter said he also agreed. MOTION by Councilman Nee to corcur with the memo from the Planning Assistant, Mr. Boardman concerning the fencing of parks and the Gity's policy. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. UPON A VOICE VOTE, on the motion by Councilma,i Breider to receive the minutes of the Parks and Recreation Com�nission, seconded by Councilman Starwalt, a11 voting aye Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON ARMORY PROPOSAL FOR THE CITY OF FRIDLEY: The Public Works Dire�tor said at the July 15th meeting of the Council he was instructed to investigate the possibility of the construction of an Armory in the City of Fridley. He continued his presentation stating he had broken this study into three areas; loca- tion, cost and municipal and civic uses of such an Armory. Mr. Sobiech said the site requirements are 350 feet by 350 feet or a total of 2.8 acres. He mentioned a possible site in the Z00 foot City owned strip of property betN�een the Columbia Arena and the City Garage. It vrould be possible that the nursery area could be extended and said that he had talked to Attoka County about the sharing of the garage facilities. Ne mentioned rather than take the area with many __ _ ___ _ s _ i ; i ; � � ��7 PUBLTC HcARING MEETIP,G OF SEPTEhiBER 16, 19�4 trees for park�ng, tfie JGlilt use could be inves�ciyated. PAGE 14 ifir. Sobiech referred tc Paye 11-i-� of �he a��er�da and poinied out the layout of the Armory in Hastings as visited by members of the Cii;y of Fridley staff. He said the dr�il� r.al'I is 7,C00 syuare �eet in area aru lias a kicc.hen arsa v;hich could be useo for «eddinqs, sho�s and banGu��S, He sa�id there is also a classroorr� which couid bE useu ror mun-icipal and civic fiunctions. The Fublic Works Director said f.here wculd te scme CiUjillCdllOft o� i:he sci�ool facilities, but a�, the sch�ouls th��re will be no beer allo�:ed or the playing of bingu, etc. The Pub�ic 6�orks Uirector calieci Gfie Counc�il's aLtent�ion io pa�e 7i--C of the agenda. on which ttie various cc,st factors were listeo for the Armory. He pointed out that r;e had used the fiyure of 9% per year as the a�riour�i zor t1he inf7aiion fiqures. He said this wouid bring the t.otal cost in 1977 to .�`�E;O`_�.�Jh,Zi k�ith the City's share of this total to be `�91,373.�!3 or a tocal or �7,7�0 per year. Mayor Liebl said i:he Governor had asked him io try to qet a medical unit in the City of Fi�idiey. He conii�iued, the Governur hari siateo that any unii �vould be goou for• ;:he City o� Friuley. The City Manager said there Hro uld also be a commit.r�ent for the price of the land and fir�aric�a� he'Ip. Ttie City F,ttorney ad�ed that ih�s �•:ould Lake a simp'le ma,iority vote to pass this type of reso1uLion. +�ayor Liebi siatecl he is ir� favor of the Armory. C.ouncilma.�� litter mentioned that the County haci mGde scn�e plans tc� expa,�G the Ice ;trena, anc; he quesiioned which way this construction wo�a7d run in this area. The Fublic k�orks Director saia that this would have no effect on ihe consti°uction. Mr, Clement f. Wali, 6�60 7th Street N. E., a.ddressed the Council and said that hp had been a r��enUer of the P�acion� Guard fur Lhe p�st iS years anu had also been a resident 01` the Cit�� of Fridicy;fe s�.id he had been w-iped out �in ir�e May 6th zornado of i965. Mr. Wall said f�e had read in tt�e Sur� i:hat t:f-�e Ar•rcory praaasal would be discussed at the present rneeting. Ne also indicated he had r�cad som4 of the other comments made at the previcus ��eeiings of tf�ie Council. Mr. Wal'i sa�d �re con�m�.�nity ��ouic; be able io use tti� Ar^iory six or szvzn nights a week. He said the Guard only uses t.he Armory or�e t�ime a week. He said Armories have be�n used as temporary churches, they have housed people in time of disasters, and mentiened that ther�F «re cc�s ar�d Llankeis in i;he facilities and also n,edica7 supplies. He said he had read in the Sur� ihat tt�er� is ihe storaye of cuns in the Rrmory. He said that he was aN�eariny at i;h�-�s rnec:ti��g on his owr. as a privaLe citizen and not a represent- ative of the Guard. He also pointea oui: inai: the firing pins are taken from the equip- ment and stored in a bank vault or in the police department, etc. He said this is sealed -ir� contairier�s a!��d !�as a 24 t;our tvatch. ue saia h� t�oucht Feriilizers and gasoline that is siered in garages is mor�e da,�y�rous. I�r. ��all wer�t on to list sever�al of the uther activit?es he is invo�ved in through the ii�stallaticn of the Uuard, sucti a.s ihe uonation of blood, entertainment of disadvantaged chi�ldren, visits L-c childrens hos�,itals, etc. i�7r. Wall said the tents from the Guard are donated for the area functions. PIr. 6Ja11 asked ��hy f�e s+io�.�1d have to urive i;o !�?esi: St. Faul to driil, �?e said he ' would rather have the Guard unit in his ovrn cammunity. Mr. ::ali aiso pointe� out that this wou7d brit�g .�1,0O0 i:a the City for each speeialist fourth class and ��rith ' 65 1�1 the uveraye un�it, this wou7d be a tui:al of �G5,000 per year coming into mostly ' i:�;e cor�,��uni ty. ' Mr. Wall said he had a son and he ii�ped hw would never have to weur a uniform, but until everytnir,g in the coi�iunity is setticd, the police or the fdational Guard would be ' n�ed�d. I Mr. Ed Wilmes, addressed the Council and safd he is in agreement with the staff and the yenLle�nan who just spoke. He went on th;e explain the type ef heip that had been obtained through the various mi1itary organiza.tions for the Isiands of Peace. Ne said the National uuar� is coricerned about saviny iife and protecting property. Mayor Liebl read tf�e letter subm�itted to the Council fram Mr. Casper M. Callas, American Legion Post fi303. ,� ':� '� !'� � f � � E� f � ' ;� ''� ' -' �........... � P i , ' 108 PUELIC HEARING h1EETING OF SEPTEMQER 1G, 1974 PAGE 15 MOTION by Councimlan Utter to receive ihe letter from N1r. Casper M. Gallus, Post Com- mander, %�erican Legion Post No. 303, with no date. Seconded by Councilman Breider. Upon a voice uote, a11 voting aye, (�layor Liebl declared the motion carried unanimously. ' ! Mayor Liebl asked when this wauld be a�z the agenda for consideration of th e construction j S.he City Mar�agtr said th;s could be bre:.�ght back in t1�e fcrm of the appropriate resolution fc�r action. Mayor L�iebi stated this was to be done by October. Mayor , Ltebl suggested this ba done at the firsi: meeting �n Cctober ar the 7th of October. ' ! MOTION by Counc�lman Utter to m�ake it a part of the minutes that the resolution of intent be brouc�ht back i.o the Council at the October 7, 1974 meeting of the Council. Seconded by Cou��ci1man Star��dalt. Upon u voice vot�, all voting aye, Mayor Liebl declared the motian carried unanimausly. ' ` � � ' ' ' '' ' � i _ , ' i CONSIDERA?IOi� OF FLQUEST FOR SLATS IN FFI�CE ON 41ALKl�JRY, REQUEST QY BERT SLATER, 128 RIVERSE�GE 1��'il': MOTION by Councilrnan Nee to receive the letter from P�ir. Sla�er requesting slats in the fencing, daied Auaust 2i3> 1974. Seconded by Councilman Utter. Upon a voice vote, all voting a,ye, Mayor Liebl declared the motion carried unanimously. MOTION by Counci�r?an 6reider to concur with the recommendation of the Public Works Director. Seconded by Councilman Nee. Mr. Slater asked if his neighbor had been notified concerning this proposal. Mayor Liebl said no, th�e Admin�istration wunted to find out if this proposal was okay with Mr. Slater first. Mr. Slater said he wauld like to have something to say about the color of the slats. The Public Works Director said the other party would be contacted to see what she wants. He said if the other property owner does rot want this type of installation, the Administration would <<rork this out with Mr. Slater. UPON A VOICE UdTE, all voting aye, Mayor Liebl declared the moiion carried unanimously. RESOLUTION N0. 94-1974 - CONFIFJ�IIP�G ASSESSMENT FOR ST. 1973-3 STREET IMPROVEMENT Pt�O�ECT: ^ , i MOTION by Councilman Nee to adopt Resolution �94-1974, confirming the Assessment: for ST. 1973 Street Im�rovement Project. Seconded by Councilman Bre�der. Upon a � voice vote, all voting aye, Mayor L.iebl declared the motion carried unanimoualy and !, Resolution iVo. 94-1974 adopted. , � � � I � ' RESOLUTIO(V PdO. 95-197� - TRANSFERRItvG CERTAIN COSTS fROM TiE ST. 1973-3 STREET 1�PROUE"�1ENT PROJ[CT TO THE ST. 1975-3 STi�EET IMPRC'V�iENT PROJECT: MO7ION by Councilman Utter to adopt Resoluiion No. 95-1974, transferring certain costs from the St. 1973-3 Street Improvement Project to the ST. 1975-3 Street Improvement Project. Seconded by Councilman Nee. Upon a voice vote, all voting aye, P1ayor Liebl declared the motion carried unanimously. RESOLUTION N0. 96-1974 - CONfIRMING ASSESSMENT FOR 1974 WATER AND SEWER MAINS, LATERALS AND SEWER CONNECTIONS: MOTION by Councilman Utter to adopt Resolution No. 96-1974 confirming assessments for 1974 water and sewer mains, laterals and sewer connections. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTIOIS N0. 97-1974 - ORDERING IMPROVEMFNT, FTNAI_ PLANS, SPECIFICATIONS ANQ ESTIMATES OF THE COSTS Tii[REOF: SEIJER, 64ATER AND STORM SE4:[R IP1PROVEPQENT PROJECT N0. 116: M07ION by Councilman Nee to adopt Resolution No. 97-1974, ordering improvement, final plans, specifications of the Costs Lhereof: Sewer, Water and Storm Sewer Improvement Project No. 116. Seconded by Councilman Utter. Upon a voice vote, all voting aye Mayor Liebl declared the motion carried unanimously. APPOINJTPIENT: FRIDLEY E NVIRON�IENTAI QUALI7Y COMMISSION: The City Manager stated the mirutes ofi the meeting had indicated that there was a vacancy and this had been brought to the attention of the 4Jard Councilman. T T C y t F } � k � � � � � $ f f i _ _ _ . _ __ . _ �.n�� PUBLIC HEARING f�1EETIt�G OF SEPTEMBER i6, 1974 PAGE 16 Councilman StarH�alt suid Mr. Jariies Langenfeld, Chairman of the Environmental Quality Coou��ission, had called him concernirsg this matter. MOTION by Councilmari Starwalt to appoint Mr. Le Roy Oquist, 1011 Hackmann Circle, 788-2229, to the Environmental Quality Commission. Se�onded by Councilman Utter. Upon a voice vote, all votir�g aye, A9ayor Lieb7 dec7ai°ed the motion carrie� unanirnously. ESTIMATES: Carl J. New quist, Prosecutor Smith, Juster, Feikeria, Haskvits & Casserly Suite 1250 Builders Fxchange [�uilding Minneapo]is, minn. 55402 Augusi, i974 biliing for Prosecution work MOTION by Counc�iman Utter to approve the Estim�tcs. Seconded by Councilman Nee. tJpon a voice vate, ali voting aye, Mayor L�iebi declared ti�e motion carried unanim�usly RECFIVINC, CITY OF FRIDLEY FINAWCIAL STATF��FP�T AS OF DEC.EMBER 31, 1973, FROM GEORGE hL yAN�EN C�C1i'AlJY: —`— MOTIOh by Councilman Breider to receive the Financial Statement cs of December 31, 1974 from Ueorge M. Flanser� Coropany. Seconded by Councilma�� Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion cai�ried unanimously. RECEIVING 7HE COMMU�dICATION FROi�1 MR. PAUL Pi. LUBRATT, 424 RICE CREEK BOL'LEVRRD: Mayor Liebi read the ietter to the Councii and audience. MOTIOfv by Councilr!an Utter to receive the letter from Pau7 ?1. Lu6ratt, 424 Rice Creek Boulevard dated Sepi:e�7ber 6, 1974. Seconded by Councilnian f�ee. Upon a voice votey all votir�g aye, Mayor Liebl declared the motion carriec unar,imously. REQL'EST FOR SPECIAL JOINT MEETIfdG OF PLANfdI(VG COMi�iISSION AND COUNC?L BY MR. RICHAKi) HNRRIS: Mr. Narris asked if the meeting had been set uo for the ceming vreek. Th` City Manager said th� Council had been given t�;�o possible dates fer this type of ineeting. Councilman Utter said the Counci] had talked about a dinner meeting. Mayor Lieb1 indicated that there were concerns such as signs that should be taken care of at the suggested meetiny. He suggested a dinner meeting. Counci7man Ereider suggested this start at 6:00 at George IS In Fridley Resiaurant. He indicated he would have to be someplace at 7:30 that evening. ' The City Manager said the adm�nistration would notify the members of the Pianning Commission. Councilman Nee said he would rather the meeting be held at City Hall. Mayor Lieb] said the Council would not be a�opting anything, there would be no action tal;en. ADJ OU RfJ�M E NT : MOTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Star�valt. Upon a voice vote, all voting aye, P1ayor Li°bl declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of September 16, 197�4 adjourned at 12:44 P.M. Respectfully submittPC�, `�,is 'r'''�i i�'�..t..��....-. Pat Ranstrom Secretary to the C�ty Gouncil Date Approved: Frank G. Liei�1 Mayor - - - I' FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND I7EM NUMBER INTERESTED IN DATE: ::✓� -- �' % ' � .� �� NAME ADDRES ITEM NUMBER ��_��_��_____�_��_�...�_�__^....� _�..��.�� _�_�..�_`��.�...��._�__�...��.��`�� ._'� �� I� �� ,dt� L'L' ,_� V"" ,J � � — 2, . � / `� �1��--�� ', �. - ��. _a-�- (��.�°�,•�,� �3 - a. � - ��-� _ �� _ , � r � �_ �-- r -c�e-�.�.- o/ - � � �� -� � � . � l'��C� % �,� s � /� -° / - � �� a - 7� , �, / / --�1� � (1 n e� 1_ 1. _ —P i. n 11 n�'� /1 ll 0 IJ , ` � i�� 10��/ ' 7 ��,/�� G �� .� � C� �/ z ° �� %��-'�� s.��D � � -�- �� 1�-77 ��% � �� '� �_ I/JT' A.�l' , � ��- � � 7 �� C.� �' ., ,��i � �� G (� �-1� �.� i'�-�- ,_�,�r�" lI�! O�i,�r,r.�-, b�7/6-7�� st �►�.1� �v �. Ss C z _�� -� 3-��- � �di 3 3►�' ��3 7- � � � -3 .� c �- , FRIDLEY CIT`( COUNCIL MEETZNG ', �PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN� DATE: ------------------------------------- ------------------------------------- � ADDRESS ITEM NUMBER -------------------------------------------------------- ------------------------------------------ - - --------- � .� � �--� L-�-� //�� =5�' . ' STATEMENT OF CANVASS l � I^ PRIMARY ELECTION . . SEPTEMBER 10, 1974 ' DECLARATIO^, OF RESiJLTS THEREOF In accardance with Section 4.08 of the Charter of the City of Fridley, the ' City Council declares the results of the 1974 Primary Election to be as follows: A. The totai number of baliots cast was:' 1077 ' Ward 1- Precinct 1 86 Ward 1- Precinct 2 174 Ward 1- Precinct 3 116 ' Ward 2- Precinct 1 132 � Ward 2- Precinct 2 92 Ward 2- Precinct 3 157 , Ward 3- Precinct 1 164 'rlard 3- Preci nct 2 64 Ward 3- Precinct 3 92___ , � TOTAL 1077 B. The votes for each candidate, number of defective, spoiled and not ' voted are as follows: REPRESENTATIVE IN CONGRESS 5TH DISTRICT , W-1 P-1 '�!-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 6J-3 P-3 TOTAL � D TI CKET , Donal d ��1. F ser 50 96 64 82 57 83 105 45 55 637 G TICKET � P�1 ,. R te 17 38 24 26 11 46 29 9 16 216 � S�i 1 ed , D ective , or Not V ed 19 40 28 24 24 28 30 - ]0 2l 224 � � � � T AL: 86 174 116 132 92 157 164 64 92 1Q77 � ' � � '. 1 lA _ 1 PAGE 2 STATEMENT OF CANVASS PRIMARY ELECTION SEPTEMBER 10, i974 , REPRESENTATIVE IN LEGISLATURE DISTRICT 46A , W-1 P-1 W-1 P-2 '�1--1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 �I-3 P-2 W-3 P-3 TOTAL DFL TICKET . P�1 M arron 54 98 57 104 3] 3 G TICKET _ _ _ ._._ _ _ . _ __ _ Jack 0. K�kham 11 28 � 8 � 14 61 Spoiled, . D ective o Not Vo ed � 21 48 27 46 142 �--r-_-�-�-. -----r— .--r-r---- T�AL: 86 174 92 164 516 , � REPRESENTATIVE IN LEGISLATURE DISTRIST 46B D TICKET Wayne ; S' oneau 61 80 78 44 58 321 G TICKET F d S,�dal � 27 25 51 10 15 128 ------t�.. �-- S iled, D ective ' a Not V ed 28 27 :� 28i _'_^__�_ 10 . 19 112 I�TOTAL: 116 132 � 157 64 92 561 �,i'�`�� . . . , '�� . � � � . .. . . . ' '� . �. � ' . � . � � lB� 1 � ' PAGE 3 � STATEMENT OF CANVASS PRIMARY ELECTION SEPTEMBER 10, 1974 I' GOVERNOR AND LIEUTENANT GOVERNOR ��J-i P-1 ��J-1 °-2 �iJ-1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 W-3 P-�1 W-3 P-2 W-3 P-3 TOTAI D TICKET A erson & P�pich 43 87 55 75 49 71 87 39 47 553 ' McDonald & E�man 10 13 4 9 5 12 13 3 7� 76 GOP TICKET J nson & Ho erg l7 42 30 26 15 50 31 10 74 235 S iled, D�ecti ve or Not V�ed 16 32 27 22 23 24 33 12 24 213 T AL: 86 174 116 132 92 157 164 64 92 1077 � SECRETARY OF STATE D� TICKET , ' J n A. G�we 25 56 29 34 35 57 54 25 27 342 R' hard J. N�nan 30 48 33 46 21 26 44 18 33 299 G TICKET A en Erdahl 17 43 29 26 13 53 31 l0 14 236 S�iled, � Defective o Not > : V�ed 14 27 25 ! 26 23 21 35 � 11 18 200 j�qL: 86 174 116 132 92 157 164 64 92 1077 ' ' 1 l� � �' ' PAGE 4 STATEPIENT OF CANVASS PRIMARY ELECTION SEPTEMBER 10, 1974 ' STATE AUDITOR W-1 P-1 W-1 P-2 W-1 P-3 W-2 P-1 W-2 P-2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 TOTAL D TICKET � A uin L hr 18 26 19 3l 24 21 25 19 21 204 Robert W. M�tson 33 77 43 47 30 54 69 23 38 414 GOP TICKET R land F. . 'Ha field 17 41 30 26 13 51 32 10 14 234 � . �--�-� ---r--�-.— �---'-�---- S�i 1 ed, D ective, or Not U�ed 18 30 24 28 25 31 38 12 19 225 T.'�L: 86 174 116 132 92 157 � 164 64 92 1077 � STATE TREASURER D� TI CKET J� Lord 48 100 63 81 55 79 98 45 58 627 —l-�— GOP TiCKET � J Ro�bert S�ssen 17 43 31 26 14 53 32 10 14 240 <---_--_-r- -�---<-« <-------r S�i 1 ed , D�ecti ve . or Not . ' V ed 21 31 22 25 23 25 34 9 � 20 210 � . 'T L: 86 174 116 132 92 157 164 64 92 1077 � � � - � ' � � 1D '1 . � �PAGE 5 STATEMENT OF CANVASS PRIMARY £LECTION ' , - SEPTEMBER L0, 1974 . � ATTORNEY GENERAL ' W-1 P-1 �rf-1 P-2 W-1 P-3 W-2 P-i W-2" P-2 W-2 P-3 W-3 P-1 W-3 P-2 W-3 P-3 ..TQTAL D TICKET Warren S naus 52 103 64 82 58 82 102 48 59 650 � G TICKET 'Ny�A. - . iist 16 42 30 25 �13_ 51 31 10 14 232 S�1ed, � � D ctive � or Not 18 29 22 25 21 24 31 6 19 : i95 V d � � , T0 L: 86 174 116 132 92 157 164 64 92 1077 COUNTY AUDITOR. H�1 ey Narnden 4 22 15 8 4 72 4 4 5 78 G rles R. L�ebvre 41 89 45 67 47 81 75 34 54 533 L�ren W. T nquist 16 16 18 13 11 24 26 9 7 140 S iled, D�ective or Not V ed 25 47 38 44 30 40 59 17 26 326 � -----�— _T___-_- r_-------- --�---- .�� TQTAL: 86 174 116 132 92 157 164 64 92 7077 � � , ' . ' . � �� _ , � PAGE 6 ' � , , ' ' ' , _' r , ' ' ' ' I ' ' , S7ATEt9ENT OF CANVASS C. The names of the judges of election are as follows: WARD 1 PRECINCT 1 WARp 1 PRECINCT 2 Marilyn Beck Joyce McCle]lan Geraldine Sherve Dorothy Houck Nancy Londroche Shirley Kohlan Bette Forster Carol Leuders Anita Hitzeman Pat Register Dorothe Marleau �4ary Sullivan WARD 1 PRECI NT 3 Velma Pinks Alice Mol Barbara Chrissie Rosella Amar Sharon Hippen Dorothy Heule WARD 2 - PRECINCT 2 Jeanette Micholski Edna Garaffa Catherine Scott Kathryn Follmuth Alice Turner WARD 3 - PRECINCT 1 Arly Flaherty Claudia K. Vescio Connie Samuelson Janet Crego Evelyn Holtze WARD 2 - PRECINCT 1 Virginia Locker ` Betty Brezney Caroline Svendsen Gerri Engdahl Virginia Steinmetz Doris Reiners WARD 2 - PRECINCT 3 Beverly Kinsman Jean Wagai° Edna Erickson Adaline Swanson Judy Engelbretson Marlys Lisowski WARD 3 - PRECINCT 2 Pat Dittes Darlene Vallin Barbara Gohman Dolores Christenson Barbara Heenan lE , PRIMARY ELECTION SEPTEMBER 10, 1974 � 1 1� . , '' PAGE 7 STATEMENT OF CANIIASS PRIMARY ELECTION SEPTEMBER 10, 1974 I' C. The names of the judges of election are as follows: (Continued) WARD 3- PRECINCT 3` ABSENTEE PRECINCT '� ' He7en Treuenfels Mary E11en Storley Jean Johnson Sonja Erickson ' A1ice Blake JoAnn Holm . Sharon Reemsta Jean Jackson Linda Tatley � , � ' ' YOR - FRANK G. LIEBL ' ' ' COUNCILMAN - ' COUNC ILP�AN ' . , , COUNCILMAN _ , ' ' i I � '� � t . � - '•.� .. .. . . . . . , � � � � � � . . � - �� . . � � T . . . . . OFFICIAL hOTICE CTTY OF FRIDLEY � PUBLIC �IEARING , ' � BEFORE THE � CITY COUNCIL - ' TO 1ti1-10�1 I T h1AY CO\ CE RN : I�otice is hereby given that there �vill be a Public Hearing of the City Council of ihe City of Fridley in the City Hall at 6431 University � kvenue Northeast on D4onday, September 16, 1974 in �he Council Chamber at 7:30 p.m. for the consideration of the following matter: , Consideration of amending Section 405.222, hionthly Service Charge; of Chapter 405 of the Fridley City ' Code entitled Cable Television Franchise; for a • Rate Change to Cable Television Subscrib ers Any and all persons desiring to be heard shall b e given the ' oppoxtunity at the above stated time and place. - ' FRIWK G. LIEBL I�4AYOR ' . � Publish: August 21, 1974 . � � August 28, 1974 . ` � � . : � ' - � • , , . � � , 1 � � ' � 2R �r�� rrc#'�e c� c� ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, h'iINiVESO7A 55432 August 16, 1974 Virgil Herrick, Esq. 6279 University Avenue N.E. Fridley, Minnesota 55432 Re: General Television Request for a Rate Change Dear Virg, � The City has received a request from General Television, '� Inc. for a xate increase (see attached material). If the City . Council wishes to proceed with consideration of the request our analysis for the proper procedure to follow can be as follocas : August 19, 1974 Receive Request August 21, 1974 Publish Notice of Public Hearing August 28, 1974 Publish Notice af Public Hearing September 16, 1974 Public Hearing - First Reading of Ordinance September 23, 1974 Second Reading of Ordinance : September 25, 1974 Publish Ordinance October 10, 1974 Ordinance in Effect (15 days after Publication) It is requested that you research the City Code, City Charter and other legal documents to veriiy that the proposed procedural schedule is in compliance with appropriate laws. Further, it is requested th at you review Chapter 405 of the City Code and in particular Section 405.211, 405.222 and 405.224 to determine which sections would require revision. A proposed Public Hearing Notice is also attached for your review and verification that the notice provides the proper notification for the subj ect to be heard. ti9e �vould appreciate your review and verification of the above items in order that you might inform us at the staff ineeting on August 19, 1974. Thank you for your help. RNS/pl Enc. cc: •Nasim l�i. Qureshi Sincerely, �i�!6?i� '; �<<� 'Richard N. Sobiech Public Works Director 0 � i �� , ' ' � I M C 6 � F D ' a ' T c t ' m n A i n r ' ' ��P'��f��. "�' ..L�'�1��0�'1 � � �'1 �. Suite 115 Hennepin Square, 202'I East Hennepin Avenue Minneapofis, Minnesota 554'13 . . [612J �3'I-J2'10 August 14, 1974 r. Nasim Qureshi , ity Manager 431 University Avenue N. E. ridley, Minnesota 55432 ear Mr. Qureshi: Pursuant to provisians of the Fridley City Charter nd the Cable Television Franchise Ordinance, General elevision of Minnesota, Inc., requests City Council onsideration of a new rate structure �or cable elevision subscribers. It is requested that this atter be placed upon the City Council agenda at the ext regular meeting, August 19, 1974. ccompanying this request for 'Cauncil consideration ou will find the Company's written proposal for the ew rate structure and the justificatzon for higher ates . ' RBH/pa Enclosure , � i � ' ' ' � Sincerely yours, ��Y • Robert B. Hinkley Assistant to the President 1___�..,�.. � 2B � � � ' ' �` �' ��;�. ; -, �,.._ : � z - � � ;�; Suite'i15 Hennepin Sc�uare, 202'f East Hennepin Avenue Minneapolis, Minn�sota 55413 . . . . (B12) 331-J2'10 . < .: � 7 i � � � , . August 14, 1974 Honorable Frank G. Liebl rlayor, City of Fridley ° 6431 University Avenue N. E. Fridley, Minnesot� 55432 Dear Mayor Liebl: General Television of Minnesota, Inc., wishes to formally request of the Fridl�y City Council: l) Authority to set cable television monthly service rates up to $8.00 per month for primary connections; 2) A rate of $1.50 for each additional outlet; and, 3) The fellowing rates for multiple connections: a, multiple�fam�ily dwellings. lst outlet--not to exceed $8.00 5-19 units--no�c to e�:ceed $6.50 20-59 units--not to exceed $4.75 60-100 units--not to exceed $3.00 over IQ0 units--nat to exceed $1.75 b. commercial. 1-4 units--not to exceed $8.00 5-19 units --not to exceed $C.50 20-59 units--not to exceed $4.75 60-100 units--not to exceed $3.00 over 100 units--not to exceed $1.75 c. mobile homes. 1-4 units--not to exceed $8.00 5-19 uniLS--not to exceed $6.50 20-59 units--not to exceed $4.75 60-100 units----not to exceed $3.00 over l00 units--not to exceed $1.75 � ' � ' � � ' ' � _ .__.�.__. i i 2D` Honorable Frank G. Liebl August 14, 1974 Page Two Reason tor rec�uest In the three years since the writing c� the Fridley Cable Television Franchise Ordin�nce, the nation's in�lationary spiral has escalated at the most rapid rate in recent history. At the time General Television committed to construct the cable system in Fridley ca�ital costs ��re projected at $1 million. Today, with the compl_e tion of the country's most sophisticated cable television sysi:em, actual inv�stment has surp�ssed $1.5 mill.ionf more than a 50% increase. It�should also be nated that the prime rate of inte res t on barrow�d money was Iess than 6% when. the company secured �unds for the construction of the Fridley system. Sinc� that time, prime rate has skyrocketed to 12%, dramatically affecting the company's interest payments. This is a result of the fact General Television's �inanczng -- like nearly all cable financin g-- is tied directly to the prime rate. �pecifically, GTV pays i30% of prime for the use c�f the funds required to construct tre Fridley s�s �em, or, an effective interest rate of more than 1.5%. As custodians of public funds and as private citizens the members a:E the Counci.l have had first-hand knowledge of the dramatic increase in the costs oy doing business over the past few ��ears. Fuel, power, supplies and materials, labor, and venicZes all represex�t considerably greater costs today than in 1�71 when the original cable televi.sicn rate was set. Corporate plan for Frid�ey Having completed construction of the cab3e system and th e studio/office complex at 350 63rd Avenue N. E., the com�any plans to begin marketing cable service early this Fall to ba followed by actual operation of the system in October. Rates in other General Television systems ' The City Councils in St. Cloud, Waite Park, and Sauk Rapid s g_ranted Gen�ral Television authority to increase rates for primary connections to $8.00 effective July l, 1974. The , company at that time implemented a primary connection rate of $7.25. � ' ' � � ' � ' � , ' 2E : Honorable Frank G. Liebl August I4, 1974 Page Three The City.Councils ef Salisbury, Fruitland, and Hebron, Md., approved an increase to $6.95 effective July l, 1974. Three of the seven D�laware communities served by General Televisian have increased primary connection rates to $6.95 and szmiZar rate increases currently are under con- sideration by the remain.ing tour. communities. (It should be noted that the company's investment per dwelling unit ser�ed is much lower in the P�taryland anc� Delaware systems� as are the operational costs in �hose systems, The latter is due to the fact much grea�er emphasis will be placed on Zoca1 progYamming and personnel in the Fx°idley system.) Rates in the $7 to $9 xange are being sought generally through-- out the cable television industry as a means of keeping pace with inflationary trends. Conclusion , As can be seen from the attached statement of projected incorte and expenses for the first year of operation in Fridley, the requested new rate will have little effect on , cutting the substantial loss�s anticipated. However, the company believes it is necessary to establish a fair rate for the product to be delivered at the commencement of service: Should the Council grant authority for an $8 rate, ' the company would plan to institute a rate of $7.50 ircunediately with i.he r°mainder to be reserved for later implementatian.. � , ' � Mayor Liebl, we trust the Fridley City Council will give the above request prompt attention. Sincerely yours, �� Robert B. Hinkley Assistant to the P esident RBH/pa Enclosure CC: Honorable Timothy F. Breider Honorable William 3. Vee Honorable Wallace R. Starwalt Honorabl� Everett F. Utter t�Nas im Qureshi Virgil C.Herrick '' , . ._.. ._._ _ ,, _ - .- . _ �. 1 1 FRIDLEY � � I. " II`CO.`�IE Service R�venue $116,635 I � Installation 1,500 Advertis in.g 15 , 000 Lease Channel 4,600 � II. OP�'R.ATING EXPENSES � Direct 88, 839 Local Origination 81,600 Sales 17,700 , Acces� Channels 1Q,000 General & Admini,stratzve 74,461 Microwave 12,000 City Franchise �'ee 5,832 � i � �. , � 2� ; � , ! ; $137,735 290,432 (].52, 697 ) � LC�J1C141�.i1�1V11 . � � r...i�.r ✓vv � .. . ' Interes� 210,000 �12,500 (565,19 % ) � ZV STP�?MARY � Total Income 137,735 � Total E.;pense 702, 932 Casn Deficit (362,69?) Total De�icit . (565,197) , r . - � � �, � . . � � FRIDLEY (Detail Sheet) I . INCO�?E ' .� 2G � � Service Revenue (3;100 Subs.) $116,635 Installa�ion 1,500 Advertising 15,000 � � Lease Channel ` 4,600 $137�735 II. OPER�TING E�PE�7SES Direct Salaries 46,255 Head-end Power 900 Systems Power 6,600 Pole Rental 12,240 State Franchise Fee 614 Laundry & Linen 1,000 Gas & Oil 3,950 Vehicle Supplies 2,05Q Rep'r/Maint. of Plant 2,400 Telephone 1, 150 Insurance 3,030 Office Supp7.ies 300 Travel & Ent. 600 Freight - out � . 250 Outs ide Ccn~� tractars 7, 50C� Local Oxiqination Salaries ; 45,534 Talent Fe�s 2,000 Movies, etc. 10,000 � Film & Video tape 2,200 Set Decoration 3,000 Salesmen Comm. 1,380 Uifi.ce Supplies 1,500 Telephone _ 1,20Q Pos�age 500 Advertising 1,800 Rep'r/Maint. of Equip. 1,000 Gas �; Oil 500 Utilities 2,150 Ins . 3, 030 Assoc. Press 5,806 , 88,839 � 87., 6G0 .� � �'RIDLEY (Detail Sheet) , Page 2 I I. OPERATING.: EXPENSES (Cont' d. ) � Sales & N�arketin q Commiss i'ons � Advertising Supplies ' Access Channels Sak�ry Rep'rlMaint. of Equip. , General & Administrative � Salaries. : Office Supplies Telephone . � Pos tage Auto Gas & Oil � Vehicle Supplies ' Office Utilities Due�r& Subscript�o�s Con�ributions � Jani.toria'1 Service Answering Service Collection Costs I Rep'r/Maint. of Office Equip. Property Tax Other Taxes � Bad Debt� Bad DebL Recoveri.es Advertising Travel & Ent. � � Other Computer & Legal � Micro �^lave _ Lease �< Tariff Cha�zge .� ' Citv Franchise Fee $116,635 x �/ r � � � $ 14,700 2,000 l,OOQ 9�600 4oa 39, 887. 2, 450 2,350 550 1,500 1,150 � 200 2,400 1,720 50U 3,000 2,000 125 460 1, 944 2,650 70Q (250) . 3,900 2,300 1, 150 3.775 12,000 5, 832 �_ __...._ ��, 2 N $ 17,7Q0 io,aoo 74,4b1 l2, 040 5 , 832 � MEMO TOs NASIM QURESHI, CITY MANAG£R, AND CITY COUNCIL FROMs MARVIN BRUNSELL,'fINANCE DIRECTOR SUBJECi': FINAL ASSESSMENT RQLL FOR STREET IMPROV£MENT PROJECi S7. t913-3 DATE : AtiGl� Si 26, 197�+ Street Improver�ent Project ST. 1973-3 involves the improvement of the st�eet surfacing, curb and gutter, watcr and sewer services, and inci- dentat storm sewer work in the area of East River Road from 622�1ay Northeast to Rice Creek. The street surfacing was contracted and paid for by fihe County. CUR6 AND GUTT£R The assessment rate for front footage is $2.37 pe� foot. The assess- ment rate for side-yard footage is $.46 per foot. SEWER SERVICES The assessment rate is $fs23.04 per se�wer service. WAT£R SERUICES The assessment rete is $472.33 per wate� service. There is stiil pending storm sewer work which is sti11 to be done and assessed in this area. MCB ps 3 I � �_� CITY UF FRIDLEY AM�KA COUNTY, MINNESOTA NOTiCE 0� HEARING OF ASSESSMENT FO? Si'. 1913-3 S7REET IM.PROVEMENT PROJECT 3a Notice is hereby given that the Council of the City of Fridley wi11 meet at the City Ftall in said City on the 16th day of September, 1974 , at 7:30 o'clock P.M., to hear and pass upon all abjections, if any, to the proposed assessments in respect to the following improver�ent, ta-wit: , STo 1973-3 STREET IMPP,OVEMENT PROJECT , 7he proposed assessment roli for each of said improvements is now on fite and open to public inspection by ali persons in�erested, in the office of the Clerk of said City. � ' � At said hearing the Council wi{t consider written or orat objections to the proposed assessments for each of said improvements. The generat nature of the improvements and each of them is fihe construction of street improvements including grading, stabilized base, bituminous surfacing, concrete curb and gutter, starm sewer systems, water and sanitary sewer services, sidewaiks, and other facilities located as foltows; In the area of East River Road from 62-1/2 Way Noriheast to Rice Creek The area proposed to be assessed for said improvements and each of them is ali ,' - that land benefited by said improvements or each of them and lying within the generat area above noted. Said improvements witl be assessed against the properties within the above � noted areas in whole or in part proportionatety to each of the tands therein confiained according to the benefits received. A property owner may a�peat an assessment to the district caurt by serving notice of appeal upon the City Mayor or Clerk within twenty (20} days aftEr adoption of the assessment and f�ling such notice with the district court within ten (10) days after service upon the Mayor or Cierk. OATEQ THIS Sth DAY OF August , 1974, � BY ORDER OF THE CITY COUNCIL OF TNE CITY OF FRIDLEY. �: � � � r MAYOR Frank G. Liebl A77EST: CITY CLERK Marvin C. 8runsell Pubtish: Fridley Sun on August 2$ and September 4, 1974 MEMO T0: NASIM QURESHI, CITY MANAG£R, ANO CITY COUNCIL FROh1s MARVIN C. BRUNSELL, FiNANCE DIRE�TOR StlBJECT: PRELihiI NARY ASSESSM�NT ESTIMA7E FOR SFiNITARY SEWER, WATER, ANO SiORM SfFtER IMP20VEMErVi' PROJECT N0. 11b DATE: AUGUST 28� 1974 Alt of the prop�rty affected by this improvecnent project lies within the Great Nor.thern Industrial Center Piat and has just one property owt�er invotved, the Burlington-Norrhern Ra�lway Cornpany. Ptease refer to the memorandum from Mra Sabie�h, Public works Director, on the foitowing page, which gives an exptanatfon of which areas of this plat are to be assess�d for Improvement Project Na. 11b. The estimated assessrnent rate for sanitary sewer tateral is $i9•32 per foot. '['F�e estimated assesscnent rate for water lateral is $21.15 per foot. The estimated assessment rate for storm sewer is $6.$2 per 100 square feet of area. MCB ps 5 I I hIE;tO T0: Dtarvin C. Brunsell, Finance llirector riEN10 FRO`i: Richard h. Sobiech, Public Norks Director DATE : Augus t 2 3, ].9 74 SUBJECT: Sanitary Sewer; iVater and Storm Se��rer Project No. 116 - Gxeat Northern Industrial Center - Fridley In reference to the storm sewer improvement included in the referenced project, please be advised that the Burlington Northern trackage on the east, Interstate 694 on -the north, East River Road on the west and FNIC property on the south (��hich has its own private storm sewer system) results in a drainage district which consists only of the property with- �. in the Great Northern Industxial Center - Fridley Plat. Previous storm sewer improvements under Pxoject No. 90 and ' Project No. ZQ5 provided service to Blocks 1- 4 of the plat - and were assessed accordingly. Project No. 116 is an ex- - tension of the existing facilities and benefits Block S- 11, ox the remaining property of the plat. There£oxe, it is recommended thafi the total cost of the storm se�aer impxovement included in Project No. 116 be .. assessed against Block S- I1, Great Northern Industrial Center- Fridley. . If thexe are any c{uestions regarding the ahove, please contact our Engineering office. RNS/pl 5A OFFICLi4L PUBLICATION ' ., � CITY OF FRIDLEY (EXHIBIT A) _ NOTICE OF HE�RING ON IAiPROVEMENTS WHEREAS, the City Council af the City of Fridley, Anoka County, Minnesota, has deemed it e�cpedient to rece�ve eviden�s pertaining to the improvements hereinafter descxibed. NOW, THEREFORE, NOTICE IS HEREBY GI�E�1 THAT on the 16th day of September , 197 4at 7:30 o'clock P.ri. the City Council will meet at the City Hall in said City, and �vill at said time and place hear all parties . interested in said improvements in whole ar in part. � The. general nature of the improvements is the construction (in the lands and streets noted below) of the �ollowing improvements, to-wit: CONSTRUCTION ITEM Water, Sanitary Sewer, A9ains and Laterals and Service Connections, Stoxm Sewer and Drainage Facilities and Re�ated Appurtenances; to _ serve the following properties: The remainder of the Great Northern Industrial Park Plat located in the southeast quadrant of Interstate No. 694 and East River Road. ESTIMATED COST . . . . . . . . . . . . . . . . . . . . $ 364, 860 . 00 THAT THE AREA PROPOSED TO BE ASS�SS£D FOR SAID IMPROVEI�IENTS IS AS FOLLOWS: For Construction Item above ----------------------------------------- All of the land abutting t�p+�n said streets named above and all lands within, adj acent and abutting thereto. All of said land to be ass essed proportionately according to the benefits received by such i�provement. That should the Council proceed with said improvements they will consider each separate improvements, exce�t as hereafter otherwise provided by the Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory xhereof, and in conformity with the City Charter. DATED THIS 19th DAY OF August , 197 4, BY ORDER OF THE CITY COUNCIL. MAYOR - Frank G. Liebl Publish: August 28, 1974 September 4, 1974 � � � � PROJECT' N0. 116 _,��:�.:'-� '::.: -- -�-=-_ '. =_" _:. � , y - � � � , . -:r._____=.� u : �� _ 5 C �+�•'•-_..-'•,.,� '_.__'_ `,;^m ---�. _ .� , -.V-_. � `-� � -�.r�.. _ , � Area benefitted by Storm S7l�TC�`'—^i : _.—. � ..,�.�" -MIGHVJA�';-;_-. y Sewer Improvement ; . "'� '"" •� _ r"',... 1 . . � , � �� ....'' ,, . i'_-__ ��, _'-:,;,- _ � 1 - � � i � � �780� •-~��, i - � - � , , , ' , •.••� /� .�',�� ►---(�i : ) , �� ' ,;� �3��/ ti �� y�`/• ��,��••" n/�y�� : i . ' . � J' � t^ V • .7w' .t + \ 1� / � t � . / 11' . � ' .. r � OUTLOT 00 . " + ;, •• � , i. r' � , --------- -�-- �� --` ,•� :.. , s' � " ; ' % � _ -- -----i � � ------. ��---°---- .'-- ----:- •---r i ° • --r � 1 --- ^ 'n,� �O C:i , _ '` .� / J ' ,',' ', ; `:�.�.� �,�y � V - `. . t , , �� < �,.� �: � ' s 1 � �'�� t / , • � AF • r,•/ , t /�,/ ��'jr�(f�� •` % ,�; ' � � 3 � 2 � : ; .1�� - " ��` ��f� s3� �ti, ;� r`�sU�ol �. 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I '.�, � 3� �/1 ;,? �i _ �� =��• ''�� 4 x 5 � // `• ,' � • ^ �' 1 • '� ` � 5 . � \ . � � • �.t. - � `' .' �.. � �� .�:� , i � 1 . � / I .�` .l �� 2 . � / ; �� f. 1 . ; • t Z�, �:� �.�e• .�i. _ � • t% � ; : � 3 • • • ° our�., v ' - � � . t I. .. w . ••w ..��..e ^; ' ��' i �. �' � � � , . . ... • � ---� , , , . .. r' . • �. •, . ,..•... !_ . . .... � . . ..'.w... w .�.; w.i.�� / �R.n'� , ..... , I: ' ,.... , ... , .. ,,. .., � � � '�.r �' OUTt;OT ,. I =�� QT� � T UTLOT U '� � � ' .._ . ' � ,...•., .. � .e..... OUTL07 NN ' _. _..... . ,� , � i . . . . _ _��..._._____. �_.___... __.... _. _ '. ' � � , CITY OF FRTDLEY NOTICE OF HEARING BEFORE TNE �CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that �here will be a public hearing of the City Council of the City of Fridley in the Gity Hall at 6431 University Avenue N. E., on Monday, September 9, 1974, in the Council Chambers at 7:30 P.M. for the consideration of the following Qrdinance Amending the City Charter of the City of Fridley. Anyone desiring to be heard with reference to the following Ordinance wi11 be heard at the meeting. FRANK G. LIEBL, MAYOR PUBLISH: August 28, 1974 September 4, 1974 � � ...� � ' i ORDINANCE N0. , '; __.;, . AN ORDINANCE I�MENDING THE CITY CHARTER OF THE CITY OF FRIDLEY ' THE COUNCIL OF TNE CITY OF FRIDLEY DOES OROAIN AS FOLLOWS: ' , 7hat the folTowing Sections of the Fridley City Charter are amended as follows: SECTI(}N ]. Section 2.03 of the Fridley Gity Charter is hereby amended as follows: ' Section 2.03 ELECTIVE OFFICERS. The council shall be composed of a mayor and four councilmen �vho shall be qualified voters. The mayor shall be elected ai large ' for a term of three years, (except the first mayor to be elected in 1957 shall be for a term of two years.) One councilman shall be elected at large for a terr� of three years except that of the first such councilman ai ]arge under this ci�arier, (shall be the incumbeni �elected last year, 1956, with two years remaining of term and he shall be considered to serve two years as councilman at large to 1959.) Three councilmen shall be elected for terms of three years each from three ' separate Wards o�P the c�ity, as designated below, except that the firs� councilman for Ward No. 2 under this Charter, shall be the councilman having one year of ierm yet to serve, and sha11 be considered counciiman for his Flard No. 2 for a one year term to expire in 195II. The councilman from Wards No. l and No. 3 sha]1 be ' elected this year, 1957, each for terms of three years. � U on ado tion of this Charte the 't " d' 'd d' t th t W d p p r ci y is iv� e in o ree separa e ar s as � follows: '' (a} 4lard No. 1 shail be the area comprising a11 of election district No. 1. _ Refer to Page 4-5 of "Voting Procedures" adopted by Village Council. '' ' (b) 41ard No. 2 sha11 be the area comprising all of election district No. 2. (c) Ward No. 3 shall be the area comprising all of election district No. 3. , The counciiman elected from a ward must be a resident of such ward and his ceasing to be a resident thereof shall cause a vacancy in the office of councilman from such ward; prov�ded that a change in ward boundaries during his term of office ' shall not disqualify him from serving out his term. � The term of mayor and of each councilman shall begin on the first official business day in the n�onthof January next following his election and shall end ' when his successor has been duiy elected and has qualified. The first order of business at the first official council meeting in January shall be the s�vearing in of ti�e newly elected meinbers of the council. The council shall be the judge of the election of its members. -' The boundaries of the�three wards shall be redetermined from time to time by ordinances duly adopted by the council, and based on findings of the council that the wards as so redetermined are of as near equal size in both population and area ' as practicable. ' I ' • � � , ORDINANCE N0. ' PAGE 2 . After each decennial census of the United States, the council shall redetermine ward boundaries, and if the council shall.fail to do so within a period of two years after the official certification of tfle decennial census, no further remuneration shall be paid to the mayor or councilmen until the tvards of the city are duly redetermined as required by this charter. SECTION 2. Section 2.05 of the Fridley City Charter is hereby amended as follows: Section 2.05 VACANCIES IN THE COUNCIL. A vacancy in the counil sha71 be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, removal of a vaard councilman from his ward, continuous absence from the city for more than three months, or conviction of a felony, or any such person whether before or after his qualification, or by reason of the failure of any councilman arithout good cause to perform any of the duties of inembership in the council for a period of three months. In each such case, the council shall by resolution declare such vacancy to exist and shall forth- with appoint an eligible person or hold a special election ti,iithin 60 da.ys to fiil the unexpired term. • �_ � � SECTION 3. Section 2.06 of the Fridley City Charier is hereby repeaied. SECTION �4. Section 2.06A of the Fridley City Charter is hereby repealed. SECTION 5. Section 2.09 of the Fridley City Charter is hereby amended as follows: Section 2,.09 ItJVESTIGAT.ION OF CIJY AFFAIRS. The Council shall have potiver to make investigations into the city's affairs, to subpoena witnesses, admini- ster oaths, and compel the production of books, papers and other documentary euidence. The council may at any tirre provide for an examination or audit of the accounts of any officer or department of the city government, or it may cause to be made any survey or research study of any problem affecting the city ar its inhabitanis. �ach such investigation_shall be authorized by resolution of the council. A»y m�mber of the council may request in writinq any soeci�fic information relatinc� to any department via the City Manager. The City Manac�er shall respond in tivri-tinq tvithin a reasonabie period of time. � SECTION 6. Section 4.03 of the Fridley City Charter is hereby amended as follows: Section 4.03 PRIMARY ELECTIONS. On the first Tuesday after the second Mon�lay of each September there shall be a primary election for the selection of two �' nor�inees for each elective office at the reqular municipal election, unless only two nominees file for each elective_office. ; SECTION 7. Section 4.05 of the Fridley City Charter is hereby amended as follows: Section �1.05 JUOGES AND CLERKS OF ELECTION. The council shall at least 25 days before each m�!nicipal election appoint three qualified voters of each voting precinct to be judges of elections therein and two qualified voters of the same precinct to be clerks of election, or as many more or less as may be , � � ' �� 6B (Discussed at Pub7ic Hearirag} � � � I � � � , ' � � , ' � � ' � LJ , � � u r . ; 6� _.� � .- � , ORDINANCE N0. PAGE 3 determined by the council. No person signing or circulating a petition of nomination of candidate for election to office or any men�b�r of a committee petitioning a referendum or recall sha17 be eligible to ser•ve as a judge or clerk of such election. SECTION 8. Section 4.08 of the Fridley City Charter is hereby amended as follows: Section 4.08 CANVASS OF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the election returns within seven calendar days after any regular or special elections, and shall make full declaration of the results as soon as possible and file a statement thereof with the city clerk, and said state- ment shall be made a part of the minutes. This statement shall include: (a) the total.number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those arho are elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of �leci:ion; (f) such other information as may seem pertinent. 7he city clerk shal7 forthwith noti�Py all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the city clerk the required oath of office. SEC7ION 9. Section 5.0?. of the Fridley Ciiy Charter is hereby amended as follows: Section 5.02 FXPENDITUR�S BY PETITIONERS. No member of any initiative, referendum, or recail cornmittee, no circulator of a signature paper, and no signer of any such paper, oi° any other.person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulai.ion thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $2o0 for stationery, copying, printing, and notaries' fees. Any vio]ation of the provisions of this section is an offense, subject to a fine not less than �a50, not to exceed �200. SECTI0;9 ]0. Section 5.08 of the Fridley City Charter is hereby amended as follows: � Section 5.08 INITIATIVE BALLOTS. The ballots used ��rhen voting upon such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question af adoption. If a majority of the electors voting on any such ordinance vote in favor of it, it sha]] thereupon become an ordinance of the city. 11ny number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In case of inconsistency bett,�een two initiated ordinances approved at one election, the one approved at the higher percentage of electors and having at least 55; of the votes cast on the question shall prevail to the extent of the inconsistency. SECTION 11. Chapter 5 of the Fridley City Charter shall be amended by the addition of Section 5.19 which is to read as follows: (This sentence` discussed at Public Hearing) Section 5.19 CIRCULFITION OF PETI7IONS. Any person circulating a (Th'iS SeCtion petition for t e�nitiat�on. of an or �nance, t e intiation o ciar�er ah,en m�e�s, for discussed at a reteren ucT m or the reca of an elected official: r�ho falsely attests to anv siqna- Pub11C Nearing} ture on the pctition shall be quiltv ef an offense and shall be fined ng� l�s,�. tlian 55U. . 'J � � � � ' OROINANGE N0._ PAGE 4 � Electors f� �a petition sfial of the Charter. � � � ' � themselves into a committee for the purpose of circulatin �vide each circulator of such petition s�rith a copy of this s � � ion SECTION 12. Section 6.04 of the Fridley City Charter is hereby amended as follows: Section 6.04 SUQORDIPJA7E -0FFICERS. There shall be a city clerk, city treasurer, city ai:torney and such other officers subordinai,e to the city ranager as the Council may provide for by ordinances. The City Attorn� and/or the leqal .� officer(s) shall be appointed by the city mana er ��lith the ap��roval of the council. The city clerk shall be subject to the direction of the c��ty manacer and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the pubiic funds, and ti�e general administration of the city's affairs as shall be ordained by the council. He may be designaied to act as secretary of the council. The council may by ordinance abolish offices uihich have been created by ordinance, and �t may combine the duties of various offices as it may see fit. _ SECTION 13. Section 6.05 of the Fridley City Charter is hereby amended as follows: Section 6.05 PURCFIASES AND CONTRACTS. The city manager shall be the , chief purchasing agent of the city. All purchases on behalf of the city shall be made, and a11 contracts 1et, by the city manager, provided that the approval of the council must be given in advance whenever the amount of such purchase or contract exceeds �5,000. All contracts, bonds and instrum2nts of every kind to � which the city slial] be a party sha7l be signed by the mayor on behalf of the city , as well as by the city manager, and shall be executed in the name of the city. '�! ' ' � SECTIQN-14. Section 6.06 of the Fridley City Charter is hereby amended as -Follows: Section 6.06 CONTRACTS, HOW LET. In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind of construction work undertaken by tf�e ciiy, vrhich require an expenditure of more than $5,000 un�ess th�.council shall be an emergency ordinar�ce otherwise provide, the city manager shall advertise for bids by at least l0�da s published notice in the official newspaper. Contract and purchases in excess of �5,000 sha71 be 7et to the lowest responsible bidder as determined by the council. The council may, ho�aever, reject any and all bids. Nothing contained in this section shall prevent the council from contracting for the doing of tivork with patented processes, or from the purchasing of patented appliances. • � SECTION 15. Section 7.02 of the Fridley City Charter is hereby amended as follows: Section 7.02 POl•JER OF TAXATIOPI. The city shall have, in addition to � the powers by this charter expressly or impliedly granted, all the potivers to raise money by taxation pursuant to the laws of the state arhich are applicable to cities of the class of �•�hich it may be a member from time to time, provided that the amount of taxes levied against iaxable property within the city for general city ' purposes shall not exceed 16 mills on each dollar of the assessed valuation of the property taxable in the ci1;y. In calculating such limit, the assessed value of property used for homestead purposes shall be determine�las now provided in Minnesota Statutes, Section 273.13, Subdivision 7a. � � ' � � , � � � OKDIi�Ai9CE N0. PAG t 5 "A° Special taxes as noa� or hereafter provided by law may be levied as the need for such taxes arise, provided the council shall: � . (a) Adopt a resolution shotiring the necessity for such tax. (b) Hold a public hearing pursuant to three weeks published notice in the official paper of the city. (c) Adopt after such public hearing a resoluiion by an affirmative vote ot at least four (4) members of the council. However, any such special taxes now in effect, tivholly or in part, shall remairi so, and may be increased to their full legal limit at the discretion of the council. �.i "K" The city council may also levy a tax in any year against taxable � � property witnin the ciiy in addition to said 16 mi11 limitation and the 7evies specified: (1) Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. t(Z) Nold a public hearing pursuant to three weeks' published notice in the official newspaper of the city setting forth the contents of the resolution described in subdivision (1). � ' LJ � � ' � CJ � � , , (3) Adopt after such public hearing a resolution by an affirmative vote of at least 4 members of the council which resolution provides for such levy. SECTI0�1 16. Section 7.03 of the Fridley City Charter is hereby amended as follows: Section 7.03 QOARD OF REVIEW. The Council shall constitute a board of review and shall meet as such in the usual piace for holding council mnetings tQ equalize the assessed valuations according to law, and a pubiished notice of such meeting shall be given in the official newspaper of the city at least 1� days-prior to the day of said meeting. � SECTION 17. Section 7.04 of the Fridley City Char.ter is hereby amended as follows: ' Seciion 7.04 PREPARATIQN OF �NNUAL BUDGET. The city manager snall prepare the estimates for the annual budget vrhich shall include anx estimated deficit for tne current year. The estimates of expenditures shall be submitted by each department to the city manager. Eaci� estimate shall be divided into three major subdivisions as follows: (a) Salaries and ldages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall snow a list of all salaried officers and positions with salar,y allowance and number of persons holding each. t�lages shall be brol;en dotirn in sufficient detai] to justify the request. Ordinary expenses shall be broken down into such detail as the city manayer shall direct. Capital Outlay shail be itemized as to items and amounts. In parallel columns shall be added the amounts expended under similar heads for the two precedin9 fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current yea�r•. In addition to estimates of expenditures, the city manager shall prepare a detailed statement of revenues collected for the two preceding completed fiscal ycars ti•rith a+nounZs estimai:ed to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the council atits first regular monthly meeting in September. 6E � . . i� � ORDIf�ANCE N0. PAGE 6 Ij �.. � ' � � � � � � �J The city manager shall submit with estimates such explanatory statement or statements as he may deem necessary, and during the first ts-�o years under this charter he shall be authorized to interpret the requirements of this secton as requiring only such comparisons of the city finances a�ith those of the previous government of the city as may be feasible and pertinent. SECTIOPi 18. Section 7.05 of the Fridley City Charier is hereby amended as follows: }.._.... � Section 7.05 PASSAGE OF 7HE BUDGE7. The budget shall be the principal item of business at the firsi reyular monthly meeting of the council �n September, and the council shall hold subsequent meetings from time to time until all the esti- mates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of tin�e in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the City hlanager shall explain the various items thereof as fully as may be deemed necessary by the council. Th� annual budget finally agreed upon shali set forth in such detail as may be determined by the city council, the complete financial plan of the city for the ensuing fiscal year, and shall be signed by the majority of the council upon being adopted. It shall indicate the sums to. be raised and frorrr��•�hat sources, and the sums to be spent and for �that purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget not later than thefirst c.ouncil meetinq in October by ordinance ��hich shall set forth the total of the budget and ihe totals of the major divisions of the budget, according to the plan indicated in Section 7.04. SECTION 19. Section 7.Q9 of the Fridley City Charter is hereby amended as follows: Section 7.09 I_EVY AND COLLECTION OF TAXES. On or before the first council meetin9 of October each year the council sha11 levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The city clerk shall transmit to the county auditor annually, not later than the lOth of Uctober, a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be en�forced with and in like manner as state and county taxes. No tax shali be invalid by reason of any informality in the manner�of levying the same, nor because the amount levied sha11 exceed the amount reyuired to be raised for the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. SECTIO� 20. Section 7.14 of the Fridley City Charter is hereby amended as follows: � Section 7.i4 ACCOUNTS AND REPORTS. The city manager shall be the chief accounting officer of the city and of every branch thereof, and the council rnay prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent ��ith the law, this charter, �nd the ordinances in accord ti•�ith it. He shail �� submit to the council a statement each month showing the amount of money in the cus- tody of the city treasurer, the status of all funds, the amount spent or chargeable against each of the annual budget allot��ances and the balances left in each, and such other information relative to the finances of the city as the council may require. � 7hecoemcil may at any ti�ne and shall annual]y provide for an audit of the city finances by a certified public accountant or by the department of the state authorized � r 6F , - . 1 , ORDIt�APlCE N0. PAGE 7 � to make examinations of June in each year i n� urn� approved by calendar year, vrtiich direct and a summary before June lOth of of the affairs of municipalities: Qn or before the first day the city manager shall prepare a complete financial statement the council of the city's financial operations for the preceding. statement may be published in suc1� manner as the council may thereof shall be published in the official newspaper on or each year. SECTIOfV ?_1. Section 7.17 of the Fridley City Charter is hereby amended as follows: Section 7.17 DEE3T AND TAX ANTTCIPATIO�� CEftTIFICATES. (a) If in any 1 year the receipts from taxes or other sources should f�°om some unforeseen cause become insufficient for the ordinary expenses of the city as provided for in the budget, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the cotanc;il may authorize � tne sale by the city treasurer of ernergency debt certificates to rtm not to exceed ei.�nteen months and to bear interest at not more than allowable by State statutes. N tax sufficient to r•edeem a71 such certificates at mai:urity shall be levied as part of the budget of the following year. The authorization of an issue of such , emergency debt certificates shall take the form of an ordinance approved by at least four of the members of the council; the ordinance may, if deemed ilecessary, be passed as an emergency ordinance. � (b) For tne pru�,ose of providing necessary moneys to meet authorized expendi- tures, the council rnay issue certificates of indebteciness in any year prior to the receipt of taxes payable in such year, on such terms and conditions as it may deter- mine, bearing interest at a rate not more than a11oG�rable by State stautes; provided 1 that such certifica�es outstanding at any one time shall not exceed forty per cent of the tax levy payable in the current year belonging to the fund for the benefit of whicn the borrowing is authorized. L� � � � , 1 L, � . . � SECTIOfV 22. Section 8.05 of the Fridley City Charter is hereby a�nended as follows: Section £3.05 PUE3LIC t�lORKS: HOid PERFORi�1ED. Public works including a11 local improvements may be c�nstructed, extended, r•epaired and maintained either by coni:ract or, if.the estimated cost is less than five thousand dollars, directly oy day labor. �efore receiving bids the city manager shall, under the direction of the city council, have suitable plans and specifications prepared for the proposed material or project and the estimate of the cost thereof in cl2tail. The a�•+ard of any contract amounting to more than ten thousand dollars shall require a four-fifths vote of the city council. lJhen the best interests of the ci�cy �dill be servecl there- by,�the city council may organize a construction department under competent super- vision and provided with suitable equipment. The right is reserved to the city council, upon the recommendation of an engineer, acting through the construction department to bid on any arork to be let by contract. All contracts shall be let to the lowest r•esponsible bidder, but the term "lowest responsible bidder" shall be interpreted as yiving the city council tne right to accept any bid which it determines to be most advantageous to the city. The city council shall reserve the right to reject any or all bids. Detailed proceedings governiny the advertisement for bids and the execution of the contract shall be prescribed by ordinance. The city shall require contractors to furnish proper �onds for the protection of the city, the employees and material men. 6G � 1 , URUIi�ANCE iJO. PAGE 8 C� � � � � � � � � � � � � � � SECTIOIV 'L3. Chapter 10 of ti�e Fridley City Charter is hereby amended as follows: CNAPTER 10 - Franchises and Franchisee Section 10.01 DEFI��ITIOP� OF FRANCHISES. The word "franchise" as used in this charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the city, whether such privileges have been or shall here- after be granted either by the city or by the State of Minnesota. Section 10.02 FRAidGNISE ORDINAPICES. 7he council r�ay grant franchises by ordinance adopted by an affir,roative vote of at least four rnembers or the council, but in no case shall a franchise be granted by an emergEncy ordinance, nor with- in tvrenty (20) days after a public hearing thereon as provided for in Section 10.09, or later than sixty {60) days after such public hearing. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All corporations, co-partnerships, persons or other entity desiring to make an especi�lly burdensame use of the streets or publ�ic places, inconsistent �rith the public's right in such places, or desiring the privilege of placing in, over, upori or under any street or public place any permanent or semi-permanent fixtures for the purpose of construct�ing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transportirzg by pneumatic tubes, or fior furnishing to the city or its inhabitants or any portion thereof transportation facilities, water, light, heat, po4ver, or any other public utility or for any other purpose, may be required to obtain a franchise before proceeding ta make such use of the streets or public p]aces or bef�re proceeding to place sucn fixtures in such places. Every ordinance granting or exiendiny any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance, properly executed by the grantee, has been filed with the city clerk. Section ]0.03 COST OF PU�LICATION OF FRANCHISE. 7he grantee shal] bear the cost of publication of the franchise ordinances and sha•11 deposit sufficient casn to guarantee the publication before the ordinance is passed. Section 10.04 PO4JER OF REGULATION RESERVED. The city sha11 have the right and power to regula�Ce and control the exercise by a corporation, co- partnership, person or other entity, of any franchise, however,acquired, and whether sucl� franchise has been heretofore granted by the C�of Fridley or by the State of hiinnesota, or shall hereafter be granted by the-city of by the State of f4innesota. Section 1Q.05 RATES ArdO Cf�ARGES. Every franchisee riaking use of the street or public places within the city shall yive ccurteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficienC management, normally yield a fair return on all property used and useful in furnishing service to the city and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the �H (Changing name of Public Utilities to Franchisee discussed at Public Hearing) EJ � � 1 L_J � i � � 1 � , , �� -.e, ...:� ! ; ORDINANCE fVO. PAGE y determination of maximum rates, fares or charges to be charyed by any franchisee for service rendered to the city or to any person, persons, firm or corporation �•rithin the city shail be made, if possibie, by direct negotiations beti�reen the public utility and the council. In case of failure to reach an agreement by tnis metiiod tivithin•a reasona�le time the council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, ti�e fixing of the rates, fares or charges to be made by the franchisee, provided, however, that the rates, fares or charges so fixed by arbitration shall not be bidning on the city for more than five years. section 10.06 PROVISIONS OF FRANCfiISES. (a) Every franchise shall contain, among other things, provisions relating to the foliowing: (1) The term of the franchise granted, �,�hich shall not exceed 25 years. (2) Rates, fares and charges to be char7ed by the franchisee in compliance tvitn the terms and provisions of Section 10.05. (3) 7ne rights reserved to the city in connection with the erection of poies, masts or other fixtures in the streets or public places and the aitach- ment of wires therzto the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the f�°anchisee. (�4) The prompt repair by the franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissians of the franchisee: (5) The rights of the city to have access to all f�ooks, records and paper�s of the franchisee which in any way deal a�ith, affect.ar record its operations within and pertaining to the city and pertaining to property and equipment used and useful in furnishinn service to the city and its inhabitani:s. (b) Every franchise shall contain, among other things, provisions relating to the follo��ing: (1) The po��er and right of the city to submit to arbitration the fixing of any rates, fares or charges to be made by the f ranchisee. (2) The right of the franchisee to receive upon condemnation proceedings brought by the city to acquire the franchisee compensaiion for i�ts franchise or the value thereof, if any. • Section 10.07 FURTNER PROVISIONS OF FRANCHISE. The enumeration and specifi- cation of particular matters ti�i�ich must be provided for in every franchise or renewai or extension thereof shali not be construed as impairing the right of the city to insert in any such franchise or renetval or extension thereof such other and further conditions and restrictions as the council may deem.proper to protect the city's interests, nor shall anything contained in this charter limit any right or po��er possessed by the city over existing franchises. Section 10.08 RENEWALS OP. EXTENSION OF FRANCHISE. Every extension, renewal or modification of any existing franchise or of arty franchise granted hereunder shall be subject to the same limitations and yranted in the same manner as a new franchise. Section 10.09 PUI3LIC HEARIfdGS. Qefore any franchise ordinance is adopted or any rates, fares or charges to be charged by a franchisee are fixed, there shal� be a W �i �. : . . � � �- 1 � i .. - � � � . . `y1�r.: � . � � . . ' � I . `.. . or�orrrar�cE rro. � . PnGE �o . ' � public hearing by the council in regard thereto. Notice of such public hearing shall �be given by published notice at least once in the official newspaper not less than twenty (20) days pr�ior to the date of such public hearing. Add�ition�l notice of such public hearing may be given in such manner as the council shall determine. �. � SECTION 24. Section 12.07 of the Fridley City Charter is hereby amended as follows: � Section 12.07 The council shall have the exclusive power, by ordinance �passed by a vote of at least four members of the council, to vacate or discontinue highways, streets, easements, and alleys ti�ritnin the city. Such vacations may be made only after notice, and hearing o-� affected property owners, and upon such further terms, and by such procedure as the council may by ordinance prescribe. • 'R record of each such vacation shall be fiied in the office of the ltegister of Deeds of Anoka County. SECTION 25. Section 12.11 of the Fridley City Charter is hereby repeaied. � PASSED AN0 ADOP7ED 8Y THE CI7Y COUNCIL OF THE CITY OF FRIDLEY TNIS � QAY OF , 1974. . � � MAYOR - FRAP�K G. LIE6l � � AT7EST: � . . � CITY CLERK - MARVIN C. E3RUNSEIL ' '• � Public Hearing: September 9, 1974, Septembet^ 16, 1974 ,I , First Readinq: Second Reading: Publication: • � � � : . . " � � , � ' . : � � EXCERPT FROM ORAFT OF THE MINUTES OF THE REGULAR COUNCIL MEETIhG OF SEPTEMBER 9, 1974 b� � �" These minutes are unofficial until they are adopted by the City Council at their � regular Council Meeting of September 23, 1974) , ' � � � r , � � , r � � r , , , PUaLIC NEARTNG ON AN ORDINANC� AMENDING FRIDLEY'S CITY CHARTER: AND � RECEIVIN6 THE h1INUTES OF THE CHARTER COMMISSION MEETING OF AUGUST 29, 1974: The City Manager, Nasim Qureshi, addressed the Council and explained that the Charter Commission had been organized about a year ago to study the City Charter and come up with any suggested changes in the City Charter. He said at the preseni; time the recommendations had been made and if the Council would agree to the changes, they would be incorporated in the Charter by ordinance. Councilman Breider asked the City Manager to go over the highlights of the recommended � changes in the City Charter. The City Manager briefly explained the various recommenda- tions to the Council and audience. Councilmari Nee questioned the recommended wording in Section 11. Chapter 5. Section 5.19, which is to read as follows if amended: "Section 5.19. CIRCULATION OF PETITIONS. Any person circulating a petition for the initiai:ion of an ordinance, the initiation of charter amendments, for a referendum or the recall of an elected official, who falsely attests to any signature on the petition shall be guilty of an offense and shall be fined not less that $50." He asked who would be responsible for this type of prose- cution at the present time. Would this be the County Attorney? The City Attorney advised Councilman Nee that this would be a misdemeanor which would be enforced by the City Prosecutor in the County Court. He added, in general it was currently no offense to falsify any affidavit, there were currently no provisions in the City Ordinances. He said now, the offender would be prosecuted under the State Laws. Councilman Plee questioned Section 10. Chapi;er 5. Section 5.Of3. INITIATIVE BALLOTS, whicl� vrouid amend this section with the add�tion, "having at ]east 55% of the votes cast on the question shall prevail to the extent of the inconsistency." He stated if either of the ordinances put to the voter did not have the 55% of the votes cast, neither would pass. The City Attorney said this is his interpretation of .the section. Mir. Dennis Schneider, 6190 Stinson Boulevard, asked the Council how the 55% of votes cast on a conflicting bal7ot ordinance would help the City. Councilman Breider said a 55% vote would have to be cast for the ordinance which would pass if there were two conflicting ordinances presented to the people. Councilman Breider added he could not envision what the two conflicting ordinances might be. The City Attorney said he did not think the City has or has had any two confla:cting ordinances to his knowledge. Mrs. Helen Truenfe]s, 5248 Horizon Drive, addressed the Council and questioned if the people present at the public hearing feel there are changes needed ii� the CY�arter or recommendations, would this have any bearing on the recommendations from the Charter Commission. She specifically questioned if the Cf�arter Commission recommendations could change. Councilman Breider explained that the Charter Commission had made recommendations to the Council and if the Council would concur with the recommendations, the ordinance would be adopted without going to the voters. He said if there is a conflict, the changes would be submitted to the voters. The City Attorney advised the audience that the only way the changes could be approved would be if they were recommended by the Charter Coimnission and concurred with by the Council. He said there would be two alternatives, the section in conflict could be deleted and the remainder of the recommendations passed. Ne said the second alternative would be to send the recommendations back to the Charter Conunission and see if they agree with the suggestions. He advised the Council that both bodies would have to agree to.pass the ordinance without going��to the voters. Mrs. Truenfels asked if the people wanted a change, could that change go back to the Charter Conu��ission. Councilman Utter said if there was something the people could not accept, this could be done. Mrs. Truenfels said now that this had been answered, she would make her recommendations for changes in the recon�iendations. She explained she would suqgest a change in the portion of the Charter which dealt with the filling of vacancies on the Council. She commented that she h�d asked many people in the City of Fridley about their opinion on the current method of appointment in the case of vacancies. She added that she had talked to 200 to 300 people concernin� this question. She pointed out that only two people concurred with Lhe current method of Council � t t � � : � 't i ' � � � i r � t k F :� : �. � � i 1 � � � � i �.' �c. .�.., � � � � � .) � 'i I , ' � 1. -: � ' � , ' � ' � . j ' � ' ' I t ' � i , 1 � REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 3 appointment to the vacancies. With the current situation with the appointed f'resident and Vice President, people feel a strong need to appoint their officials themselves through the elective process. She said the people feel that there should be a special election, and she had pointed out to those she had talked to that the cost to the City for such a special election could range from $3,000 to $10,000. � Mrs. Truenfels went on to the second recommendation for change stating this item was a bit more personal. She referred to the section which prohibits a person who circulates or signs a petition from serving as an election judge. She said there are some problems with this type of action. Continuing, she explained that those people who are active in party work are those involved and the party askS them to serve as election judges at the polls. She said if the Charter would read that no one who •: circulates or signs a petition would not be allowed to serve, this would cut out a great number of the people in the City of Fridley. Councilman Breider commented that the change in the Charter would be directed to the Cominittee who sponsored the petitaon, not the circulators or signers of the petitions. Mrs. Shirley Caldwell, 5f374 Hackmann Avenue, said she thoughi i:here was some confusion. She felt if there were more restr2ctions on election jduges, the City would lose many competent.election judqes. �She said at the present time the restrictions are that they cannot be related to a candidate or another election judge in the precinct. She said she would nat want this to be any more complicai:ed. Mr. Ole Bjerkesett, 100 N. E. 63Z Way, Co-Chairman of the Charter Commission addressed the Council and said he was sure that he was speakirig for the Charter Commission and understood protecting representative govern:nent. He said the Charter Comniission had done what was necessary and had made it as clear as possible. He said it was not the intention of the Charter Commission to restrict anyi;hing or anybody. He stated that adequate publication was made concerning the meetings of the Charter Commission and also the appointmeijt of the possible members of the Chari:er Commission. He said notification of the rneetings was made and anyone who wanted to appear and voice their opinion was given the opportunity to do so. He said there was a specific night ►Nhere the Commission had met with the Council ard another ��rhen they had met with i:he admini- stration. He said there was also an evening where anyone who wanted to see a change could have appeared. He stated the Con�nission had done many hours of work on the recommendations and all of the members had done their homework. He furi;her explained that they had reviewed what the City had before and developed what they felt was the besi: i;hey could. He commented they had done their job to the best of their ability. Councilman Nee questioned Mr. Bjerkesett concerning ihe 55% of �he votes to pass conflicting ordinances. Mr. ajerkesett said this �•rould be if there were two conflicting ordinances on the books at the same time. He used as an example that if one read the speed limit should be 15 miles per hour and another read that it should be 20 miles per hour. He said if there was a conflict �n a major provision, the Charter Commission felt that the ordinance that should prevail should be �assed by a 55% simple majority. He said in this case there would be no confusion between the two. He said in most cases there would not be a conflict nor:would they be this close, but in one out of ten, there may be a conflict. Councilman Nee asked if the present Charter would allow the one that just received the larger number of votes to prevail and Mr. Bjerkesett said yes. Mr. Bjerkesett said there could also be the case where there is more than t�•10 ordinances presented and the highest number of votes could be in the area of 35h and at present this ordinance would pass. Now, he repeated, the higher percentage would pass. He comnented the Charter Commission felt tiiat this should be a higher majority and this was the consensus of the majority of the members of the Charter Comrnission. He said he personally felt i:his made sense. Mr. Y.enneth Sporre, 301 Ironton Street, addressed the Council and recalled the question of the appointment of a councilman when there is a vacancy in the office. Ne made the fo])owing suggestion for a recommended amendment: "A Special Election should be held not less than 45 days nor more than 60 days from the timA such vacancy is declared. The winner of said election shall be qualified to take office immediately upon certifi- cation of the Qoard of Canvass to fill tl�e unexpired term." tdr. Sporre said he would rather the Charter read in this manner than the recornmer�dation made by the Charter CO►Iqil1 S S 10 Ci . Mr. Sporre asked if there was some way the Charter Commission can take action on this reco�nmendation to tne Council, or otherwise, there are ways this action is going to be taken to get the provision changed. �� f I REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1974 PAGE 4 �� ' ' ' ' � � I I � ' , ' , , , a � , �� Councilman Breider said there are two alternatives, one, to send the recommendation back to the Charter Coi�nission for their reconsideration, and secondly, if there is disagreement, place the question on the ballot. The City Attorney said there is also a third alternative, to leave the Charter the way it is. Althaugh, this is unlikely, he added. � Mr. Sporre asked what does it take to get this on the ballot, act or petition? The City Attorney said he did not fully understand the question. Mr. Sporre responded,. if the Charter Commission does not take action on the recor�nendation, could the Council take action. � � The City Attorney said the changes would not be incorporated in the Charter by ordinance without a recommendation from the Charter Commission and Council approval. He further advised that the Councii cannat take action without the recorrenenda�ion; the Council cannot do this unilaterally.. Mr. Sporre said if the Charter Commission feels they do not approve of this recommenda�ion and do not take action to recommend this to the Council, could the petition be submitted to the Council and appear on the ballot in November. The Finance Director responded that as a practical matter this would be very difficult because of the time limit involved. He questioned if the necessary time limits wouid allow the time needed for.the printing to be done, etc. He said if done expediently, this could be done, if needed. The City Manager said the schedule had been prepared to allow the Council to take action on the recommendation next Monday, September 16, 1974. He said this would allow the matter i:o be put on the ballot if there is not agreement. Mr. Schnei:der asked how many of the members of the Council would have to agree with the recommendations. The City Attorney said this must be a unanimous vote on the part of the Council favoring the proposed recommendations. Mr. Sporre said the petition that is being circulated proposing this sugyested Charter change would be submitted the coming Friday, September 13, 1974, and this is why he had brouyht this up at the present meeting. He said the City would be forced to act on this by requirements of the Charter. He asked if the recommendations could be forwarded to the Charter Commission. Councilman Breider commenteu that he did not know how the Council would react to this question. He said there would be no action taken on this matter at the eurrent meeting as the policy of the Council has been to hold the public hearing and have some time to digest the input at the public hearing. He said the action vrould be taken the following Monday evening. The City Attorney sai�d it would be possible for the Charter Commission to have a special meeting. He further advised that i% the majority of the Charter Commission members agree on the recommendation, they could submit the recommendation to the Co��ncil, as some of the recommendations had been submitted at ihe present time. The City P1anager asked if additional amendments are recommended, would there be a need for an additional public hearing and publication of new notices to the public, The City Attorney said he did not feel this would be necessary, the public hearing could be coni;inued until the next meeting. The City Manager again asked if there would have to be another publication in the paper with the required number of days notice. The City Attorney said no, he did not think so, not when there had been publication of the hearing and i:he hearing would be continued. . Councilman Utter read from the minutes of the Charter Conanission that their last yearly meeting would be on November i9, he asked if there would have to be some formal noti- fication to the Cocrunission concerning the requested special meeting. Councilman Breider said as a practical matter, some of the members are present and they are being notified. Counci]man Breider suggested the administration send the minutes of the current public hearing to the Chairman and members of the Charter Commission for their reviews. ; Councilman Nee directed the Council's attention to the portion of the recommendations which changes the name of public utilities to franchisee. He said he did not feel i;his change is necessary and wanted to know if there was some problem in this current wording. R Charter Conrnission member addressed the Council and explained in some cases there is more than orze company that cou].d provide the same service to the City. He said more than just Northern States Power Company may provide electric service to the City and more than one company niay provide Cable Television. Councilman Nee said he thought that f"ranchisee was a different kind of word, and this could mean a franchised chicken. shop. The��City Attorney said some may not be a public utility and some may not be a franchisee. He stated he had no quarrel with the wording public utility and he had no � '. , ;: k � . ; �C� �.,� i� . � � � � LJ � � ' , , � , � ' , ' � , , REGULAR COUNCIL MEETING OF SEPTE7�IBER 9, 1974 PAG E 5 . � � quarrel with the word franchisee, as long as # definition was in the scope of what they are talking about. Councilman Starwalt questioned why this infor��ation had not been brought to the attention of the Charl:er Comr�ission at an earlier date than the last minute. Mr. Sporre explained that he is often out of town and had not know what the recommendations were until they were printed in the pubiic notices. Mr. Dean Caldwell, 5874 Hackmann Avenue, asked if it is too late to submit a recommenda- tion. He questioned the purpase of the public hearing and said he would like to have this squared away. Councilman Breider said the,Council v�as there to hear what people had to say. He saici this has brought about more dilemma because of what had been suggested at the public hearing by the people. Councilman areider said the Council had submitted suggestions to the Charter Corr�ission and they had not implemented a17 of his suggestions. He said he would be surprised if they would implement all of the people's suggestions either. He stated, the Public Hearing does mean som�thing. Mr. Caldwell voiced concern over the statement in the recommendations that the fine would be �50 if someone falsely testified to a signai:ure. lie s�id this type of statement would make people think twice about circulating a petition. The City Attorney advYSed the Counci� that the circulator is on7y attesting to the fact that the person had signed the petition in their presence. Mrs. Caldwell asked the purpose of the new law. She asked if there was a law on the State books, why would this be necessary. The City Attorney answered 1:hat the laws are not identical to lais recollection. He said he did not know if this would be a misdemeanor or a gross misdemeanor. He said the ' fine would not be more than $300 and not more than 90 days. He said the recommendation 5ays this would not be more than �50, and the wording is somewhat different. . Mrs. Caldwell asked why it would be good for the welfare of the City of Fridley. Council- man Breider answer he thought it would be much easier to determine his responsibilities in circulating apetii;ion in one document tha� researching the State Statutes. He said it would be clearer to find the lfabilities as a circu7ator of a petition. f� Mr. Bjerkesett recalled when the Cable Television petition had been circulated, some of �` the signatures solicited had been falsely sworn ta as signatures. He said if people are ignorant of the law, this does not make them innocent of violating the law. He said in this case it wouid make the people aware of the law and i:his is the purpose of this provision and this would be lower than a misdemeanor. He said this would insure that the people who are circulating the petition wou7d be informed of the lac�. Mr. Dennis Schneider asked what falsely attested meant. He asked what would be the situation 7f someone would see a person sign a name and the name was false. The City Attorney said he would have to do a little research to answ,er the question. Mr. Sporre further questioned what if the signer said he is a registered voter and he is not. The City Attorney said the City Clerk would have to do a little research to answer the question. Mr. Sporre further questioned ��hat if the signer said he is a registered voter and he is not. The City Attorney said the City Cler°k would have to check the signatures and if he is not registered the signature would not count. Councilman Utter asked how this would work if a husband vrould sign �For a wife. The City Attorney said under the present charter if a man named Joe Doe signed a petition and his name was really John Srnith, there would be no violation. He stated the circulator is not attesting to the fact that this is the genuine signature of the person; he is attesting to what he proports to be.� � Councilman Nee said he had a certain amount of experience with these things, and after four or five, tl�e sponsoring conunittee does instruct the people circulating so they do not go astray. He reca]led he had obtained a s�ouse's signature at one time.that he �� felt would be a valid signature. He went on to explain the man was suffering from arthritis and was not able to sign the form and asked his wife in Councilman Nee's � � presence to sign the form for him. He said there was also a case where a husband and wife circulated a petition together and this would not be valid. Mr. ajerkesett said the City should prepare an instruction sheet which should be given to each circulator of petitions. Ne said the instruction could be drawn up according to the Charter by the City Attorney. MOTION by Councilman Nee to continue the Public Nearing. Seconded by Councilman Utter. Upon a voice vote, aii voting aye, Councilman areider declared the motion carried unanimously and continued the public hearing at 9:18 P.M. � O .. S.. . .: � 6- � REGULAR LOUNCIt MEETING OF SEPTEMBER 9, 1974 . . PAGE 6 ' . � MOTION by Councilman Utter to receive the minutes of the Charter Commission Meeting of August 29, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting � aye, Counciiman Breider declared the m�tion carried unanimously. � Councilman Utter asked the City Manager to contact the members of the Charter Commission so they may look into the items d�scussed at the Public Hearing. He asked � if this matter could be taken care of by the follbwing Monday evening. 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O YS Q'lLiyr Y L.JiLL��r:t. 1 �� SU:1 F;OY TU5 Yr8 THU � FRt SAT � � � � � � � �,� � �d �� e� ��1 � �,; ;,r` � �� f7 .�� t� �� :,.�.,� � �� ►. �n. u� t. 4. w� N.�is�. r.o.:vr 7�[��^('-] 'i�ii• �� ( MJ�TN �1 �' \� tl - � � � � � � L o.is �.��..::,� ��.� B� � � SU:t f.70Y 7Uc 1YED 7NU FRi SAT � � � �� :r� �� !� fo��3 i,� fl� !� �i �� f� �� ?! ��w��;3��[�� A W'� V � � �'" � �'. �/ �:J i�e . l. Q. 1�� P.MJIIN �.0. RN f.K.:��h �� NOVE�BER 5, 1974 GENERAL ELECTION � � OCTOBER 18, 1974 Absentee Ballots must be delivered to the County Auditor. OCTOBER 11, 1974 NOTICE OF ELECTION should be sent to the official newspaper. The NOTICE OF ELECTION publication dates are October 16 and 23. OCTOBER 18, 1974 SAP�PLE BALLOTS should.be sent to the official newspaper. THE SAMPLE BALLOTS publication dates are October 23 and 30. SEPTEMBER 30, 1974 is the deadline for the County Auditor's office for offices and additional questions, etc. that wi11 ve boted on at the GENERAL ELECTION, . SEPTEMaER 16 or no later than the 23, 1974 for ordering A6SENTEE BALLOTS from printer. 0 � � LJ ' ' ' ' ,• �_ .� lI �, �^ LEAGUE O� WOMEN VOTERS OF FRIDLEY � FRIDLEY, MINNESOTA � 5198 St. Moritz Sept. 10, I974 Fridley City Council City of Fridley , 6431 Uru.ve�c�sit�r Ave. N.E. Fridley, Mn., 554z1 Gentlemen of the Cauncil: RE: City Charter Co�.ssion Pro�osals The Fridley League of Women Voters concurs with several recorrunendations of the cl�arier commission, for exarnple, �rith section 2.05 deali.ng with vacaneies on the city council, and with section 6.01�� that the city attorney be appointed by the city manager with council approval. F�zrther, the Lea�ue supports amending section 5.02, raising the spending limit on petitioners to y�2Q0.00. We cannot support, however, an addition to this section that any ' violation of the prQVision of this section is an offense subject to a fine of not less than �5Q.00 nor more than :'2��0.00. Nor can trse sun- port the addit�on of seetion 5.19, na�-rLi.ng a nat less than �50.00 penalty ' with no outsa.de li.rti.t for any person circulating a petition who falsely attests to any sigzature. I� ' ' � , ' � There are a number of reasons for our concern about these t�ro proposed additions to tYie charter. The Fridley Leagu.e, as an organization which attempts to encoura�e active citizen participation �.n all levels of politics and governmeni, feels that while it m.ay not be the intent of ihese additions to discourage such particigatian, it would a.lnwst cer- tainly have that effect. Fuxther, the inclusion of such monetary penal- ties, in being un�.que to these two sections of the charter, seem to give undue z�rei�ht to the offense invoived. Since such offenses are covered by state statute, and can also be cavered by city ordi.nancs, it does angear sorne other intenti�n is present. Sueh penalties do not exist in the NatiQnal P•:unicipal �,eague 2ylal eI City Charter, nor in the I�odel Charuer for ILinnesota Cities, 1974 eciition, which, ure understand, served as guides for co:mni.ssion members. Such model charters basic concept is� to keep the -charter itself as simple as possib�e, implement.ing where necessary by ordinance. Fle, toa, support this concept. We would appreciate your flzrt}ier consideration of these poi,nts. ' ANilieted with the ' LeeQus of Women Voter• of the U.S. ' Sincerely� , n J . — �.(� " hmn� City Cha er Stuc�y �.a..R.v�- O�c.��w res . , Fridley LWV .� / � � - l�U � ❑ UU `-�_t- UCJ � � � � � � � � O � � �-=� � i� �� W� ■ � �� W � � � � � W �� r O � et' M c� eo � � � � c� � c� rYa � � � � � t� � � � ;a � � � � � � � � E-- � � � � � � � �� :� � � � � �a � � � � �r � W J v � W �a.. O � � � c� r� September 13, 1974 Honorable Mayor and City Council City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Gentlemen: I did receive from the City Manager, Mr. Qureshi, the minutes of .the September 9, 19i4 Council Meeting. I have reviewed these minutes and briefly discussed them with another member of the Charier Commission. It is our feeling that the proposed amendments to the Charter as we submitted them to you shoutd stand as submitted. The Charter Commission worked on these amendments for over a years time, held meetings with the interested public, the City Council and the City staff before making our final deliberations and decision. At two different meetings, at which there was a quorum each time, and not necessarily the same people, the Commission approved the changes as you have them, and ratified them at the second meeting. It is our feeling, because of the extensive haurs put forth by the Commission, that our recammendai.ions of these changes be accepted. If there are recommendations for additional changes in the Charter, we feel the Charter Commission should take these under consideration in their norma7 procedure and make further recomraendations to the City Council in due time. I thank you for your support and adoption of the ordinance amending the Charter at your meeting of September 16, 1974. Yours truly, 1 � �' �--� ��t--�--�-�-�.��.-�.� �t{�_� Raymond Sheridan, Chairman Fridley Charter Commission RS/ms CC: Members of Charter Commission City Manager _ .y_.., � � ' ' ' ORDINANCE N0. AN ORDINANCE AI��NDING SECTION 405.211, SECTION 405.222 AI��D SECTION 405.224 Q� Ci:APT'ER 405 OF THE FRIDLEY CITY CODE �NTITLED CABLE TELEVISION F12ANCHISE The City Council of the City of Fridley does ordain as follows: SECTION 1. Section 405.211, Installation, is amended to read as ' follows: INSTALLATiON �� ' ' � 1. Single Family Dwelling, Multiple Family Dwelling, Commercial, Mobile Homes. ' First Connection - Not to exceed $7�$�6 one time fee. Second Connection - Gratis if installed at time of first installation. Additional Connections - Time and material cost of the company in making the insta2lation(s), however, not to exceed $y�$j� per installation. . 2. The company hereby agrees to waive ail connecti.on charges for Single Family Dwellings, Mul�iple Family Dwellings, Commercial Establishments and Mobile Home Parks if the connec�ion is performed during the initial construction of the CATV system within the City. 4 ' 3. In addition the regular connection fee may be waived or reduced during certain sales campaigns the company may wish to conduct during the year. ' 4. Schools, Libraries, City 0ffice� a�d Other Public Buildings. There shall be no charge for installation in each school building, ' liUrar.y, City office, or other. public building in the City, except when sai.d installation per building exceed one (1) in wh�ch case the charge shall be at cos� (not to exceed $��$�1 per connection). ' SECTION 2. Section 405.222, Monthly Service Charge, is amended to read as follows: MONTHLY ' I. Single Fami2y Dwelling. . SERVICE First Outlet - Not to exceed $$�$�d� CHARGE Each additional outlet - Not to exceed $Xl��,� ' 2, A7ultiple Family Dwellings. First Outlet - Not to exceed $g�$(6� Each additional outlet - Not to exceed $X,l�� (Located in the ' same housing unit) Discount* ' , 5- 29 Units - Not to exceed $y�jy$ each. 20 - 59 Units - Not to exceed $$,l$� each. 60 -100 Units - Not to exceed $z��$ each. Over 100 Units - Not to exceed $X�Z$ each. , *Multiple unit discount rates are applicable when one billing is made to the owner o£ S or more individual dwelling units in the same building. When it it required that the tenat�ts be bi.11ed individually, the single unit �ate will apply. Ordinance No. Amending Chapter 40S 3. Commercial -2- 1- 4 Units - Not to exceed $$�$Q� each. 5-19 Units - Not to exceed $y��y� each. 20 -59 Units - Not to exceed $,�� each. 60 -100 Units- IVot to exceed $��z$ each. Over 100 Units- Not to exceed $X��$ each. *Multiple Unit discount rates are applicable when one billing is made for 5 or more individual units in the same commercial establishment. Otherwise, the single unit rates will apply. 4. Mobile Homes. First Outlet - Not to exceed $$!$(� Each additional outlet - Not to exceed �X��i�• (Located in t he same unit) � Multiple Unit Discount* S- 19 Units - No� to exceed $�,17$ each. 20 - S9 Units - Not to exceed $��$Q1 each. 60 - 100 Units - Not to exceed $Z�z$ each. Over ].00 Un�.ts - Not to exceed $X��$ each: *Multiple Unit discount rates are applicable when one billing is made to the owner of 5 or more individual dwelling units in the same complex. LVkhen it is reqt�ired that the tenants be billed individually, the single unit rates wi11 apply. 5. Schools, Libraries, City Offices, and Other Public�Buildings. For each installation provided to a school building, library, Citiy Office or other public huilding in the City, there shall not be a monthly service charge. This applies without regard to the number of installations. 6. Senior Citizen Rate Upon application the monthly service charge for subscribers, 65 years of age or older, shall be reduced by 25% of the regular monthly raie charged other subscribers. In order to be eligible for this reduced rate, the owner of tlle home, or if owned in joint tenancy, one of the owners of the home must have attained the age of 65 years, Whe� persons are renting property, at least one of the tenants responsible for paying the rent shall have attained the age o£ 65 years to qualify for the senior citizen rate. The combined earned and unearned income of the person or persons living in the household (rented or owned) shall not exceed $5,000 per year in order to qualify for the senior citizen rate for monthly cable service. ' ' ' ' ' Ordinance No. Amending Chapter 405 -3- SECTION 3. Section 405.224, Change in Rates, is amended to read as follows: CHANGE IN ` RATES �`pi��f �M�z�/��/��/��¢z��/�v�/�rc��XZ��r�/��d/��r�:��z�/��`��¢�/¢M��/�� i��/�(��'/��/��z`/��v�¢�v��/��li��X/��`��¢� • Any subsec{uent rate increase in addition to other factors described in section shall take into consideratian the consumer price index for the Minneapolis - S�. Paul area compiled by the U.S. Department of Labor, Bureau of Labor Statistics and may be supported by additional costs for creased or additional services. The company shall be ob2igated to pay costs necessary for determini.ng an appropriate rate inerease including, necessary any costs that may be required for the hiring of rate experts City may hire. this in- ihe if the ' In addition, for the pur.pose of determining if the rates are reasonable, the books of the company shall be open to inspection by the Council or its agents at all reasonable times. If the company requests a change in rates, ' it shall present in detail in writing the statistical basis, in addition to other requirements as set out in this section, for the proposed rate change at least szxty (60) days prior to the proposed effective date of such rates. ' LJ ' 'LJ ' ' ' 1 , L� 1 ' Before any increased rates or prices to be charged by the company are approved by the Council, the Council shall hold a public hearing on the matter. A notice of liearing shall be published at least once in the official newspaper not less than ten (10) days prior to the date of the hearing. At the hearing the Council may take such steps as it deems necessary to obtain other available information and data before granting or denying approval of the company's rec�uest for a rate change. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1974. ATTEST: MARVIN C. BRUNS�LL - CITY CLERK Public 1-Iearing: SPptember 16, 1974 First Reading: Second Reading: Publish........ FRANK G. LIEBL - hfAYOR �"� � ' To: Jim Gibbs From: Doug � Re:� Cha�rter � � �!� l ' ,�� ' ' ' ' , Klint Ammendments Jim, Virgil asked me to prepare this m�mo for you in -ihe event the folTowing issue arises at the council meeting this evening. The Charter Commissian has preposed several amendments to the City Charter and apparently some of the council members object to som� of the amendments and intend to vote against passage of the sam� tonight. ISSUE What are the several procedures by which a home rule cha.rter may be amended? I. � Ordinance A charter amendment may be enacted by ordinance only upan an afftrrr�ative vote of the whole council. Minn. Stat. �410.12 subd. 7 provides in part: "Upon recommendation of the charter commission the city council may enact a charter amendmeni by ordinance. Such an ordinanc�, if enacted, shall be ado�ted by the council by an affirma�ive vote of all its members, after a public h�aring upon ta�Q weeTcs published notice containing the tex� of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a City Char�ter shall not become effective unti] 90 days after passage and pub7ication or a� such later da�e as is fixed in the ordinance....." � (emphasis added) II. By Election In the alternative, a charter may be amended by submitting th� praposed amendment to a vote by the people at a general or special election. Minn. Stat: �410.12 subd. 4. In the event a proposed amendment does not rece�ve unanimous council approval, this wouid be the procedure to be used. Mirrn. Stat �410.12 subd. 4 provides: ' "Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of ti�e ballot shall b� fixed by the ' governing body. The statement of the question an the ballot sha11 be sufficient to identify the amendment clearly and to distinguish the questiqn from every other question on the ballot , at the same time. If 51 percent of the votes cast on any amend- ment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the originai charter and the amendm�nt shali take effect in 30 days from the ' date of the election or at such other time as is fixed in the amendment. . ,� . ' � � . < ' � 1 1 � , , � ' ' ' ' ' � ' ' ��t o r��'I� � � 6431 UNiYERSITY AVENUE N� Mayor Ziebl and City Council 6.431 University Avenue NE. Fridley„ MN 55432 Gentlem�n: . ANOKA COUNTY July 26, 1974 5b0-34`^ 16 FRIDLEY, MINNESOTA 55432 The Charter Com�nission for the City of Fridley has reviewed the Charter over the past eighteen months and in doing so, have a few reco�aend�tions a.nd changes in the present Chaxtex. These proposed changes in the CoII¢nission's view do not chang� the basic structure of the Charter but further clarify some statement of the original documents, by inclusion of additional wozdage and/or sentences to sections. In same cases we recommend the deletion of entire sections, and only because over the years state statutes hava ma.de these sections void. Probahly the major change that is in our recommendations is the appointment of the City Attorney by the City Manager w ith the appraval of the Council. This change puts the appoinfiment of a11 officers subardinate to the City Manager ta the Ma.na.ger as staff. The CQmmission, through one of the committee's, did an extensive in-depth study on this section, held hearings wieh interested parties and a long deliberation before the change w�as adopted. In general, we believe the review was fruitful and gave the Adminia- tration a chance through the Co�ission, to clean up some of the small but unworkable inefficiencies of the original Charter. The Charter Co�nnission recommends these changes and believe they can all be done through an Ordinance as decribed by state law, making it unnecessary to be put of a voCe to the electorate. However, should the Council choose nofi to adopt any change recoffanended by the Conanission, we request now that these issues be placed o� the ballot of the November 1974 election. ' • � CATV COMMISSION A meeting of the CATV Commission was held at 1 p.m. on Fridaq, Septemher 13. ' After a lengthy discussion;reviewing inflation, the qnality and kind of staffing proposed by the Cable Companp and extremely high interest rates, , THE MOTIC�T WAS MADE BY TOM MYHRA THAT T.HE CATV COMMISSION RECOMMEENU TO TI� CITY OF FRIDLEY THE APPROVAL OF THE RATE ]NCREASE FOR SUBSCRIBER�S FEE AT THE AMOUNT OF $8 A3 PROPOSED BY GEIV�RAL TELEVISION CONTINGENT UPON THE CITY�S � FINANCE DIRECTOR EXAMINING GENERAL TELEVISION'S BUDGET AS PRESENTED AND GIVING AN OPINIQN ON IT AND FURTHER, TF� COMPANY WILL AT THIS TIME CHARGE $7e50 SU1iSCRTBER'S FEE AND THE ADDITIONAL 50� WOULD NOT BE CHARGED FOR ANOTHER XEAR AND A HALF FROM THE BEGINNING OF CABLECASTINGo Seconded by ' George Ze:glen. Upon a voice vote, the motion carried unanimously. ' (Complet�d minut�s of the CA1'V meeting will be following next week). � ' � � � � � � � � ' � ; Mayox Liebl and City Council Page Z July 26, 1974 The Charter Co�nission target was completion of the review and it's recommendations forwardad to the Cauncil for review and adoption of the changes by �rdinance in ample time so any part of the recommendations that are not adopted by Ordinance could be put on this November electian. The dates we used wera suggested by the Administration so the Commission's objectives could be met. Your immediate attention to the recommended changes would be in order. The Charter Commission would lika to thank the civic organizations in the City who made comments or suggested changes, the City Administra- tion;and staff, the members of City Council, and the number of concerned people who assisted or added ta our deliberations. Sincerely youxs, � C� ��.�1/'v�/ � �� y S�ieridan, Chairman Chartex Commission RS/sm cc: Virgil Hexxick, City Attorney Chartex Commissioi� � 16A y 7 PUBLIC HEARING (CoNTirvuED FROM SEPTEMBER 9, 1974) OPJ CITY OF FRIDLEY BUDGET FOR 1975 ORDINANCE NO. ' AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN THE ZONING DISTRICTS � The Council of the City of Fridley do ordain as follows: SECTION �. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1 and 2, Block 13, Spring Brook Park Addition, lying in th� South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District know as M-1 (light industrial areas). SECTION 3. That the Zoning Administrator is dir.ected to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (single family d�,r�lling areas) tb M-1 (light industrial areas). PASSED BY THE CITY COUNCIL OF THE CITY -0F FRIDLEY THIS DAY OF , 1974. ATTEST: MAYOR - FRANK G. LIEBL CITY CLERK - Marvin C. Brunsell Public Hearing: June 10, 1974 First Reading: July 1, 1974 Second Reading: Publish.. ... � I3�1ZIiL7.E1' PUIVIP C01�P��T�' Genarol Offices 829 BANCROFT WAY, BERKELEY, CALIFORNIA 94710 September 10, 1974 • � /�. REPLY TO: P. O. BOX 32151 MINNEAPOLIS, MINNESOTA 55432 PHONE: 612-784-2253 City of F`ridley ATTN: Jerry Boardman 643'� University Ave NE Fridley, A�t 55432 SUBJ: REZONING REQUEST #74--02 Dear Mr. Boardman: � Persuint to our conversation of Sept. 6, 1974 we propose to a.dhere to the following schedule of improvements required to comply with Fridley zoning standards and our signed agreement of July 22, 1974• Complete fencing by: October 1, 1974 Complete landscapin� and curbing by: July 1, 1975 Complete blacktopping of parking area: June 1, 1975 Sincerely yours, � Leland B Snead, Branch Manager Minneapolis Branch � �f . y ' . � AGREEMENT BERKELEY PUMP C0. ' WHEREAS, the Berkeley Pump Company owns Lots 1- 5, Block 13, Spring Brook Park Addition; � WHEREAS, Lots 1 and 2, Block 13 is zoned R-1 and Lots 3, 4, and 5, Block 13 is zones D4-1; WHEREAS, Berkeley Pump Company has petitioned the City of Fridley to rezone Lots 1 and 2, Block 13, £rom R-1 (single family dwelling) to M-1 (light industrial); WHEREAS, the City of Fridley is willing to rezone said Lots 1 and 2, Block 13, Spring Brook Park Addition from R-1 (single family dwelling) to M-1 (light industrial) providing the petitioner is willing to make certain improvements as shown on "Exhibit A", attached, which includes, permanent concrete curbing, blacktopping, fencing, and landscaping. N0�9 THEREFORE, the City agrees to rezone and the Berkeley Pump Company agrees to make said improvements according to "E�ibit A", attached, dated this of , 1974. CITY OF FRIDLEY WITNESS FRANK G. LIEBL - Mayor WITNESS NASIM A1. QURESHI - City Manager $� I BE2KELEY PUM COMPANY �� %� � l/��2 � NAME _ itle WITTIESS NAME Title , Y , � �� ,. ' $ C ,. ! ' 1 "Exhibit A" - : Y � ilr;��ry .. - �.i �` � f�u�:F . II ' ,\ � Y �� — ;. : �_��, J +�u rtu t t� t=� �:, C� i,, i ` ,' I � y� ` � �.�-�� ii G C Y. � � � I j�l�'(� lpp�,;;� � � . ( 3a;�3U• v � t +i 1.��{SE /rRc./J 5�'��t Sy Tf ' 1: Z.� I \., � N/FC t1 iZr H �'f jl .$� f% 'C' \ G ' } L ' �(/ �'� 'Y' .,�� .� , � �FC �,��-� 7•� � �� F� , c. C. c r•.,�� ; T��At c�D� 7:3-r�f Ff ' � �� Z � ,�r° � j#��,, 'CC� c1 � . ty C � f-� 1 l� �JUI�YF�CL"- y � ,C� � � �j {OPTIONAI.� � o V i � . ��. � ` 'I � � � r C'' ,,� � i . '� . � � � r�� `� " � '' � . (n � ,t �-i i � V v 4 v �` ll � , �� % � U .��LV ( �� .. 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',/ i.s /G /7 . /� /9 2C °/ 12 1� l� , � I , . . .� o � � "�--i � • `! 6/ 2Y3 ��/ �i� �4� ' /�y /G/ /g9 f.5� : � a �� 3 r � �° 3o i 0 � 2s 3e �� .�, '' v p v STf�EE7' �i�� pa•f7. . , � ' �i.� , •. L� �� .. .. .. , � •, a� �.ao�! \ � -sGt+ ''i�; -• , , t� � . ` ; .:;,� �; � �� (i0 �, � , t:>� ..'l .. ..l �',.. ,.. .., .. y` N ,� I b� ; t.." _ , 7' . �. S y�' � � v � i5 � r'�t r," f/ � � jFa7 ?.5 a5� �i j.i 32 �/ -Y s:9 �� \, ,.�'' . �:�1i ''i - , � _ _ � t)O �� ., �� ,,�J .,,:� �1 ��l�a t,� � �'' ,� ,I-{^', ' ' � � � ' I 7 `e•J , �'r � I � ,� y,. G N� S"k � � l �1 � e-`: _,��— - � � � i . .� ,' i I ` i '/ �A� � ♦ h , • •�� . . - , ' �Y �, . a�: I , , I I I- �� f ,� > � � �: ?• . �`\�� :� ► �{ I S� C�r ,• �1, 7 � ": �/�'li S�!! 7;/f. I/.s;?.' / ,2 3 4 �= % F .9 /o // % /�/s% /t 1G �' C /.9 2c �L/ � � ".` � ,~. '�'��' � �/ � ``� 7�1 I ° s ' � � .; /�I � � ��;�I s;'' ,�'�� . A'�',�� `�. . .,� ;- - L1--- ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of an easement for public purposes described as follows: Al1 that part of Lot 30, Auditor's Subdivision No. 129, described as the Westerly 50 feet of Lot 30 lying North of a line parallel with and distant 60 feei North of the 5outherly line of the Northeast Quarter of Section 12, A11 lying in the North Half of Section 12, T-30, R-24, City of FridZey, County of Anoka, Minnesota. Be and is hereby v�cated. SECTION 2. The said Vacastion has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shalZ be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1974; MAYOR - Frank G. Liebl ATTEST: CITY CLERK - Marvin C. 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PAP.KS AND RECREATION COI�AIISSION MEETING, AUGUST 26 ' Meeting was called to order at 7:45 p.m., b}� Chairman Blair. �` MEhi�ER5 PRESEI�T: B1air, Caldwell, Peterson t�4ED4l3ERS EXCUSL'•11: I-Iarris, {4agar OTHrRS PRCSFN'T: John Saccoman, 54G0 7th Street, N.E., Fridle}�, 560-6942 ' Paul 13rown, Director of Parks � Recreation Judy tiVyatt, Secretary to the Comn►ission ' F.Y.F.A. FOOTBALL RULES . 1974 John Saccoman was pxesent to discuss the minute siop time quarters presently being played by tlze boys tootUall teams. He £elt that ihe times were too long, which i.n turn }:ept the Uoys at the field too Iong. 1le did not like the boys getting home so late, when they had to get up to go to school early the next mor.ning. He felt that the J.0 minute stop time quarters for the Pony and Pee{9ee Divisions should Uc cha�lfied to 8 minutes, and tlte 12 minute stop time quarters for tlie Cub Divisio�i sllould be 10 minutes. I�e stated that the 12 minute stop time period could not be played in an hour and a half. It was mentioned by Mr. Peterson that last year. many of the officials for the game were late, tliexeby delaying the start of the games. ' b9r. Brown stated that on the traveling teams, tliey are losing the heavy Cubs , because the school coaches have said the boys can only play on one team or the other, but not oi� both. Actually, they can play on both if they wish. ' Mr. Peterson mentioned that only three or four. Uoys �layed on both last year. ' Mr. 131air asked that tlie Commission i�lvite the F.Y.F.A. officials to a meeting to talk about t}ie rules and regulations in �eneral. CITIZ�NS BIKL14'AY COA1I�tIT`TE� ..� ' �1r. B1air stated that he would like to see the Par};s and Recreation Department make a reconuuendation on this. He said that $3U,000 is in their budgeL and he , feels they are getti�ig b��assed, because it has�l't come before tliis commission. Ile �eels they should be getL-iiig all pertinent information on tlie bikev��ays. 1-Ie menti_oned that the bike.w�a.)� txails in New Brifihton ar�e just Lhe streets. He ' requestecl that all information on the Uike�-�ays fro�n notii on be routed through the Parks and Recreai.ion Ucpartment. � ' ' ' A4It�i1"TLS Or THE .JUL1' 22, 1974 b4EI:TING l�40TI ��N b y CaCdeue,�2, �s eea nded b� Pe,te� a n,�o ap��n.av e�12e b4�.nc.�e�s a��he Pa.�.lz� ar�d Recnea�`,t.aiz Cvmrni,��,on hdee,t.i.►1g, dated Ju,�y 22, .�974. The mv�i.a�1 ccucn-i.ed. �UIT/1R LfiSSONS Mr. Bro��n stated that� the school was not interested in furthering the guitar lesso�is. 1ie said tliey felt tl�at they gave music lessons in thc schools and �aerc thercfore not too interested. 1le mentianed that: they said they would take it to their musical t�oard of directors. Mr. I3rown sta.tc�d that some educators feli that i.t mi.ght benefit D1r. 13runk.�w, Uccause the:sc lessons woulci be very elementary and less expensive. '1'hen, if any of t1�em t�rantecl to bo to beyoiid the basics, they would Ue refcrr.ed to T1r. 13runkow. � 10 � ' , ' � �� , Minutes af the Parks £; Recreation Commission A9eeting, August 26, 1974 Page BE�R ORDINANCE � The Ueer oxdinance was discussed. Mr. Brown again stated that, according to the City Attorney, both liquor and beer. are prohibited on City property. Mr. Blair stated that he would like to see beer permitted where there are pic- nics. Mrs. Caldwell concurxed with this. However, she felt that if you enforce Lhis ordinance then you must enforce all ordinances. She felt that beer is part of people's recreation these days, and if we prohibit it, we are in essence having prohibition. r1r. Bro�an stated that we shouldn't have beer at the fields such as Commons. He said that people are always trying to bring beer into Locke Park, and that tive ha.ve a continual problem witll people calling up, and asking that the gate be wilocked so that they can bring in their vans. He felt that perhaps we should ha.ve a park keeper there during the day, to help keep control of the beer pro- blem, and gener.ally Ue of help to the citizenry. He mentioned that during his tenure we have elimi�iated the roads in Locke and created a nice atmospliere, and he would like to keep it that way. Mr. Brown asked for a concxete recommendation from the Commission on the beer. Mr. Peterson stated tliat he wanted the ordinance enforced. MOT�ON by P�e�u�o►�, �eca►ided by Cu,2dwe�.�, �a ev�{�once �he be�c. a}c-cLi.na�2ce; �a ' pn.altii.b,i�t aX.2 beejc., w�.►1e, e,te. Unvm �h.e panlz� e�cep� L�ef�e P�ucfz wlueh �hau,Qd be a.e,eawed �a have 3.2. �dv�an eafvued. ' ' � ' ' ' II ' ' ' CITY FENCING POLICY Mrs. Caldwcll asked if a fence is put �p whenever an owner requested it. h1r. Brown sta.ted that when an owner wanted a fence, he would be expected to pay half the cost and the City would pay the other half. P1e would not put up a fence a.utomatical.l.y �then we imprave a park. He explained that tlie City would pay the entire cost of the fence when tlley initi.ated it. Mr. Bro�vn n�entioned that A4r. Qureshi would like to have a pol:icy now, that we can refer to. MOTION b�� Ca.��i�r�C, �seca►lded by i'e�ej�on, �(Ta� we c.use �6�e S�a�e S�a�u,te �v de,�:e�im-L►te �lie �-�nailc.i.►�g aU �bie {e�zc,i.�1g a� }�anFz� .�.►1 �Eie Uc.�iune, G��i.Ph �han �6�a�se �,une�s w(iev� .i,t'� par� v{� �l�e ave�.a,�.� p-E'a►2 Uc,tc. .�:t2e �cuclz a.tid .i.t �-i.t�s �.n�a �he �,i�n� .�cl�edu,Ce we had p.�a►�ned. The mo�,�.o�i ccvrju.ed. LEASC AGREEM�I�T - TrMPI,E 1'�RR�CE, PLAT 2- TARGI:T STORI: Mrs. Cald�,�e] 1 did not lil:e the lease agreement <<�i.th Target regarding Temple 'I'err��ce. She stated that she felt we were just dr.essin� up thei.r surplus land for them. She felt we were doing them a fa.vor by talcing care of this land for them w�til they need it. S1�e said that si.�ice it would be useful to them too, she f'elt that thcy snouia ao somcthing on it also; either landscape it or help in some way. She mentioned that she waulcl like to see tennis cow•ts there, which their employees could usc also. Mr. I�lOWII fclt that tennis courts wroulcl not be a good icica, since the space �IZea-e is limited and tennis courts would pi•actically fill tlie entire area, and leave r.00m for little elsc. He wants to put in some apparatus and room for play�round baseball. 1-le stated that we want to kcep the dcvelopment �or the kids. l0A i Minutes of the Parks �, Recreation Comu�ission hteeti�i�, nugust 2G, 1974 Page 3 10 B ' 1 Mr. Brown explained that we are being given t}iis property to cut down on the ' owncr's vandali.sm. This way the park will be kept up, look nice, and be useful to the kids. . A4r. I31air asked if this was the only park in the area. h4r. f3rown said that we now have Jubilee nearby, and Oah Hill Park on 54th and 7th Streets. He did mention, hotiaever, that there is no ball £ield on either one of the parks. � � MOTTON by Pc�e�c�a�1, decfl�l.ded by ��a,vc, �I2a� we ac.ceja� �he .�ea�e agn.eemev� bnvm 7cvc,qe�, a� �. �U.i�th ba�ti a{y �lie men va�i.►iy "a�e" and vf�e carnrn�i.�5�s�.ane�c vo�i.ng ��nay��, �Il� tiiU�(.Ul1 CCUVLL(..'C�. r4rs. Cald�aell �nade a recommendation that Tar.get do sorne zmprovement on this area, preferably something tha� would be of use to their employees, but i.f not, ihen something that would benefit the neighborhood, because �ve have budget pr. ob l en�s . Mr. Brown stated that this lease is strictly for�the use of the Iand riglit now; that the plans for the park will come in later. NATUI2AL IiISTORY PROP05�1L � � �� Mr. Blair a.sked if this memo r.egarding the Natuxal History Proposal was just for the Conunission's information. 64r. Bro�•m r.eplied thai it was, and that it had been presented to the Council because Aix. Qureshi had put it on the agenda. Mr. 13rowyi stated that llr. l�uff was given a$12,000 budget, for the tree program. He said that Dr. Dan Huff is the new Naturalist/P.esour.ce Coordinator and tllai this proposal �4�as the start of llr. Huff's job. }ie has a proposed park program of hi.s o�,�n. D1r. Blair asked who Dr. 1-Iuff reported to when he wanted to implement a pro�ram such as the one pr.oposed. Mr. Brown replied that Dr. Huff report.s direct.ly to the City Mana.ger. The Conuni.ssion was concerned about t11e chain of conunand for the Naturalist/ Resource Coordinator. They ielt that he sl�oulcl be under the direction of the Parks and Recreation Uepa.rtment. As it stands now, �ae have another separate department. T9r. Petersoii stated that he felt �ve were in essence creating two Parks Depart- me�lts, r4r. Brown explained that Dr. Huff �,ras hi.red t.o do just what he is doin� now. fle said that this pr.oposal was the start of- it, and that he has to impl.e- ment as much of it as he can, h7r. Brown st�tcd t}iat ivl�en you are gi.ven a job like llr.. I-luff has been �;iven, anc3 you are to repart direct.ly to the City Manager, it is between you and the City Manager. He stated that Dr. Iiuff is just going his jab as he sees it. 3ie mentioned that perhaps llr. l�uff's title should be chan�ed to Assistant Parks £; Recreation Director. Ile felt that as Dr. Huff devclops these sites, it will still have to be done through the Parks Poreman and his l�crso�lncl. The Cammissi.on decided thcy would like to invifie Dr. }iuff to one of their meet- ings, as thcy would like to meet l�im. ��T70N b� Pe��aii, 6�cv►�ded b� h�.cwc., �hat .il1e� ga �o �:he C.i.i� Cuuric,i,C and a�Fi �' �lta�t: .t:lie. Natut�a.�,��-t: be ��u�t urtdeh �iie 1'Nch�s u►1d Rec�cea�o�i �Dej?�i,#�ne.ri.t �50 �Eiat wc fz�tow tuliat (►e Ji,� �cc)�o'c��.�zg artd tu(ia�t h,i.6 �cecom�rie.itda�:<.ar�� afc.e. U1�.�:�t b��lt me.n VU-�:(.{lf� ��Q�C�� and arze CUI111A-(,6d-(.U11QIL va�i.rig "na��J� �`Le 1110�.COf1 CUJiICd.CC�. � � . . ' 10 .0 ' Minutes of the Parks �, Recreation Commissio�i hleeting, August 26, 1974 Page 4 , , BUDGET: Mr. Blaix asked the status of the budget. Mr. Brown stated that it is completed � at tlle administrative level. 1-�e said that he would mail a copy of the fi�lal . report to the Parks and Recreati.oi7 Commi.ssion. OCTOBER 1�1EETII�G . � Mr. Brown re uested that the October mee in be an d q t g ch ge to Tuesday, October 29th. The Canm�ission agreed. � ADJOURI�'h4rNT • . MOTTON �v adfac.vcn �he mee�ng a� R:15 p.m. ' The next re ular meetinr will be lleld an Nonda Se ten�ber 23 1974 at 7:3 � F� Y, P � , 0 p.m., in tlle Conununity Room of Fridley Civic Center. . ' � � Respectfully submitted, . .,.�_�� .�-� � . I - a� 4 UDY W1'ATT, Secreta.ry to the Co�rm�iss9.on - ' Enclosures: , Lease A reement - Target Store � Memo/J. Boardman, ftecommendation on Fencing Pp],icy , . ' � i� . . 1� 1 �. �1 � . . _. 1 � l0D MEMO T0: Nasim Qureshi, City Manager MEA20 FROM: Jerrold-Boardman, Planning Assistant N1EM0 DATE: AugUSt 26, 1974 RE: Recommendation Regarding the Install_ation of I'ei�.ces On Park Property Adjoining Residential Properties After reviewing the information from Paul Brown, it is my opinion that the installation of a feiice shou].d be a shared cost only in those areas where the adjoining nci_ghbor is requesting such a�ence and the Parks & Recr_eatian Commission feels that the reasons for providing a fence would not warrant the constructioz� of a fence at th� total cost to the City. However, the Ci.ty should take on. the t�atal cost of thc fence in those instances.�•ahere the actual lay�ut of the park caus�s a danger to the health and weltare of the zlei.glzbor and th�r� a.s � no reasonable alternative for solving the probl.�m. ' The City should also bear th� �u11 cost of fencing in those cases that the Park Departmenfi and/or thG Planning Department feels is necessary in thE design of park propei��j� This should have the approval of the Par)cs & Kecreation Com�mission. The type af fenc�ng should b� restric�ted to chain link fen.ce unless for reasons cif special desiqn criteria set up for a specific park by the Parks Department and/or the Planning Departrnen-L-. JLB/de �� J � _` �� J�RROL' D L. BOARDT�II�N . � � , � , ,-- _ __ ..,�. _ , - • � 10 E x,EAS� AGR��MENT , , ' , ' TIiIS AGR�EM�NT is made and entered into this day of � , 1g`, by and between TARGET ST�RES, INC., a ' r wit office at 777 Nicollet Mall, Minnea- Minneaota corporation, h an I� polis, Minnesota, hereafter referred to as "Lessor"; and the City of Fridl�y, PTinnesota, whose post office.address is ' , ' . hereafter reterred to as "Lessee" . � . ' . ' Z. PREMIS�S . - ' • � For and in considera�ion of t:.e rent herein agreed to be paid to '' •Lessor by Lessee and the other agreements, covenants and stipula- tions herein made by Lessee, %essor hereby leases to the Lessee ' � � . �he realty and personal pxop�Yty loca�ed in Anoka County, Niinnesota, , anc� described as: . . . � ' � Tha� part oi Lo� ZO �n Auditor°s Subc�ivisi.�n Noa 155, Fridl.eyo , Ar�a}ca County, described as fol.lo�,Ts : � GonunEncing at the IJL corner of' Templ.e Ter_rac�, P1at 2, Fridley, � X�nol�ca County; thence N89°Q5' 37" 4d and aloi7g tl:e South Zine of sa:�d JGo�: XO a distance of 18 ieet to �he actual point of beginn�.ng e I . Thence: N G°14'53" E 39.g8 teet to a point for curve, � Thence: Along a curve to the right with radius of 37.4.9� ' fee�, central. angle of 10°52�58" a distanc� of 59.82 feet to a point for a tangential curve; Thence: Along said tangential curve to the right with radius to� 247.28 feet, central angle of �I0�00'00" a distance of 172.63 feet to a point for tangent; � Thence: N 57°07'S1" E 70.G0 fee� to a point; Thence: South 279.3G feet to a point on the South line of . . ' . . said Lot 10; .. . . � . . . , : , . ' , • ' .: _ _: _._ ..... . .. . t . �. „ . ,., • •. �_� • . . - ' Agreement ' � • • . . � Page 2 ' . �� . . �hence: N 89°05�37 W and along the South line of said . Lot 10, 177.39 f_eet to the point of beginning tand containing 39,7E9 square teet. • ' i� LE11SE . : . � . 2. PRZN . . � Th�.s Lease is subject and subordinate to a lease (herein regerred _ to as the "prime lease") by and between The 2�iinnesota Mutual Li�� rInsurance Company, a Minnesota corporation, designated Lessor` . and Target Storesp Inc., a Minn.esota corpora�ion, designatec� Les��e, ' the Landlord herein. Th� Tenant herein agrees �o coml�ly with iche ' terms and �.rovisions of the said "prime 1.ease", 3nsofar as the aforesaid "prime lease" applies to �the premises herein leased to •, the Tenant herein, pro�Tided liowever, that the Tenant h�rein shall no� be liable for any payments required to be made under the afore-- ' � � '. . said "prime lease°� � � . � . . . � • � 3e RENT . � , As a total rental for the use and occugancy of the traet herein de° , mised, Lessor agrees to accept and Lessee agrees to pay a yearly rental of one dollar ($1.00). Such ren�cal shall be paid on or ' before-the Y5th day of July in eacli year in which this lease is in effect. Rental payments shall commence in,July of 1974. � . ' 9. TAXES , , , Lessee agrees to pay all taxes that may be assessed by reason of ' •its use of the property. '� � . • .� . � • . , . . . .. , ' � • . ,• . � , Aqreemcnt Page 3 0 , � .' . . . , . 10 G � .. 5. IND�I�2NII'IC7ITION . Lessee hereby covenants and agrees to indemnify, protect and save Lessor, its successors and assigns, harmless from any and all actions, claims, demands and liabilities for any loss, damage, injury or any other casualty to property (whc�ther it belongs to either of the parties hereta or thzrd persons} and to persons (whether third persons, or employees of Less�e ar of L�ssor) caused by, growing out of or �happena.ng in any ��ay in connection with 3"..es� see`s �onduct of said business or u�e and occupancy of said premises� t-ahether due to negligence af L�ssee, Lesso� or o�hei�aise, Lessee �urther agrees that during the fuT.l term and cont�.n�.:.anc� of th�.s lease he will procure and carry at his sole cost ana expense, and in a good solven� insurance company au�h.oriz�ci to do business in the State of I�innesotaf comprehensive gen�ra� public liability ' xnsurance xnsurii�c� Lessee and Lessor f�.-rom and against all. such claims, d�mands anc3. liability here�:nabove �e� forth. The �imi�s o£ the i_nsurance cov�ra�e for bodily injury (inclucting death) shal�l not be less than One xundred Thousand Dollars ($100,000�Q0) per person, nor less than Three Hundred Thotasax�d Dollars ($300,OCU.00} p�r accident and the limits of the insurance coverage ior propert� damage shall not be less than One �iundr�d Thousand Dollars ($100,000.00) per accident. The insurance company and iorm of policy are to be approved by Lessee and Lessor. Lessee shall pro- vide Lessor with copies or cer�ificates of said policies, including • an endorscmen� which states that�such insurance shal]. not be can-� celled except after ten (10) days` written notice to Lessor. � . � ` : . . ' � 101� , Agreement ' ' � : � : . Page 4 . . . r . . . : . . . .. : .: , � , � �J , 6. WAIVER OF ZMMUNITY � • ' � . Lessee agrees to waive its sovereign immunity, wheth�r such be derived from statutory or commoz� la�r, wa.th respect to any �laim or action by Lessor or The Minnesata Mutual Life Insurance Company, against Lessee, a�ising aut of Lessee's use or occupancy o� the �remises or the terms of this Lease� wh.ether such c].aim or actian k�e di.rectly for the benefit of Lessor or Th� Minneso�a Mutual La.f� Insurance Company or be by way of indemn.ification. �7. WAST� . . - , Lessee agrees not to permit or su��e� any waste or nuisance on said premises, to keep said px�emises in a clean and nea� condition, �o keep al.]_ sidewallcs iree and . clear of ice and snoca, and o�her- wi.se. to comply caith all ap�lical�Zc: ordinances ancl rE�gulationv and � not to permit the violatiori oi any state or iedex.�a? la��rs up�n sa�.d , premises. , 8. CONDIT?ON OF THE PRLMTSES � I� i.s understood and agreed that the �premises are leased in �heir present condition without any warranty on the part of the Lessor as to the condition thereof. Lessee agrees �hat any Eixf:ures, appliances, and furniture installed or to be installed for th� conduct of his business therein and thereon shall be installed and maintained by � Lessee at his sole cost and expense, and at the e�:piration of this Lease, Lessee further agrees to remove sa�d�£ixturc�s, appliances and furniture from said premises and to restare said premises to the . . � .. - ' I ,� . - _ _ � . . . : . . � : �o�. . . . � . Agreement . . . Page � � . ., . . , . . ' � . . . � ' • . ' . � . same condition that they were pri�or to the ins_tallation of said � '',I ' � fixtures, appliances and furni.ture, reasonable c�ear and tear ' . . excepted. . . � : : . . � . � e USE ' � _ . � �. . . � 9 . It is understood and agreed that said premises are leased. to _ r . . Lessee for the sole and only purgase of being used by Lessee for , public recreation. Lesse� agrees r�ot to sell, vend or dispense, w�hether_ or not for valuable con�ideration� any food, beverage, or ' � her i�em or articl.e or goods � of� any kind on the premises o ot ' . . ' � . . . � 10. IMPIZOVF�ZENTS . . � '' � Lessox� warrants quiet and peaceable possessian o� the premises �o Lessee, subject to the covenants and eonaitions herein containedo � � 'm rovements on during �he term o� this Leaae. Lessee sha11 make no i p . ' said pr_emises without first securing Lessor`s writi.en consent f�hexei:oo , F �I iATION � : . . . 11. COND ,I I� , Tt c�urzng the L-erm of this Lease, proceedi�zgs are instituted for � � ' the condemnation of any of the tracts or parccls o� real estate ' demised hereunder, or if any owner of any tract or parcel herein demised shall dispose ot any of saa.d tracts or parcels or any part � � . , �hereof, either �voluntarily or involuntarily, in order that.the I' same may be devoted to any public use, this Lease sha7.1, at the option of Lessor and upon written notice to Lessee, forthwith � , � . • ' . ` . ' ., . . . . ' . . . � r • w Agreement e 'r ' � � : � � , . .• • /�T '� !' _ Page 6 . . . . cease and tex-minate as to the affected tract or parcel; and . � Lessee shall not by virtue of th� within Lease be entitled to any damage, award or purchase price, or�any part of either, which may be paid on account of such condemnation or salee In the event of such condemnation or disposal oi any tract or parcel as her�in set out� rental �shall abate in accordance with an amount fo be mutually agreed upon. . � • 12. TE�ZINATION Or Pi2IM� Lr�SL . - . In �che event that any or all. of the real property herein demised are :held by Lessor under the terms af a lease or leases frorn tiae owners thereofP and such lease or leases terminate for any reasoaz, tha.s Lease sha11 thereupon autori��Li.cally termir.ate as �o iche trac� or tracts and personal property a�fected` and neither party shall. becom� �iable to the other in-damages by reason of such termina�iono ' xn the event o£ such tertnination, r_°er�tal shall abate in accordance with a� amount •to be mutually agreed upon. , 13. S]_GN5 � . . Lessee'agrees not to erect or place or permit to be erected or to be placed upon said premises or the improvements thereon any signs or aavertising matter without the wri_tten consent of Lessor. 14. RzciiT or 1;ra�rRY , . Lessor reserves the right ot entry for its representatives, agen�s, ' and employees for the purpose of examining and inspecting said pre-- ' . . . � m�.ses and any property ot the Lessor s located thereon. . i� � �� . � . � � � � _.._.�___ . :' : ; � . _ . . . • �.' � , �d� � Agreement • � • • � . Page 7 . -, . • •. � - � • : � • ' � .� 15. �ss�cN^z�NT . . � , This Lease shall not be assigned in cahole or in part nor shall , said premises or any part thereo� be sublet, nor shall any rights ' or privileges herein granted to Lessee b� sold, transf�rred, mor�- ', qaged or assigz�ed or in any manner encumbered. t16. TERNINI�TION BY L�SSOR � � , The failure o� the Lessee to pa1T prompt].y when and as due aiiy ax�d ' rental.s due hereunde� or the violation b tlie Lessee of an a 11 , x �' , other provisi.ons con�ained in ichi.s Lease sha11. give rise in Lessoro .• at its option, the right and prxvilege to cancel�and �erminat� ' this Lease�and shall entitle Lessor �co take possession of said ' premises and alt. �.n�provemer.ts tllereon a� an� tim� a�ter ten (10) days` notice to L�ssee, or Lessor may elect not f�o cancel anc� ' termina�te this I.ease and hold Lessee �.iable. f�-or the� unpaid ren�aYs due during the balance of the t�rm bf this Lease. � . _ . - , ].7. No�rxcr � � � � �' All noi�ices given hereunder shall. be in �ariting by United Sta�ea � registered or ceri�ziied mail, postage prepaid, addressed ta the par.ty to be notified at such party's address as shokrn in tha.s 'i � � instrument, and the date upon which such no�ice is so ma.�led '� � shall be the date of service. � • ' �� . . � , . • . � . .. . . • � • .. . . . . . . . . . . ' � . . . _ . . . . _. . � � �.; _. ..� .... ... . :. �... . .�.. _ . . . , ' ' � ' . . ' : . . .. - : , , � • •, � . A� � . . � ' . . . . _ . . ' .. . . � • . �•+ . . � � � � . . � . .. � " . . /D � �: . ; Agreement • , ' ' . ' . � Page 8 4 � • . . . . .. . ' . � 18. FULL ��Rr•.rr1r•,NT . ' Thzs instrument shall be binding upon the parties hereto,.their h�irs, personal representatives, successors and assigns. This � agreement, contains all the terms, provisions and agreements bet�aeen the parties hereto concerning the leasing of the above descril�ed premises and the�repair, maintenance and upkeep of �che � 3.mprovements and equipment thereon, and. any ora]. conditions or understandings ai variance wsth or in addi�ion hereto are void . and of no e�fecto . - . xN W2TIQESS Tr7FiLREOF, the parties hereto have executed this instru- �ment Qn this the day and year fi�-st:above written. ' �. CITY OF �RIDLE"Y, �iiNNESOT71 ' TARGET STORES, INC. � By , �y . • I�s �Its . • This instrument drafted by Target Stares, Inc.� Minneapolis, Mina�esota. STAT� Or MINNESOTA) )ss. . . . . . COUhT�.' OF iiFNNEPTN) . � . . • . The goregoing instrument was ackno��ledged b�fore me this day of. �].974 by of Target Stores, Inc., �.a Minnesota corporation, on behalf of the Corporation. Notary Public : • � . STATE OF MINN�SOTA ) .' • ass. . .� COUNTY OF ) The foregoing instrument was acknowledged before me this day oi , 1974, by � on behalf of the Czty of rridley, Minnesota. � o azy u xc . .. � ' _ 1 1 �1 I , � � � � � � � ' MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Rxblic Works Director DATE: September 12, 1974 SUBJECT: Report Regarding Proposed Armory Attached for your consideration is a report regarding a suggested site, available facilities and a cost anaZysis pertaining to a proposal for construction of a National Guard Armory in the Ciiy of Fridley. The report.is prepared in response to the instructions of the Council at the meeting of July 15, 1974. From the results of our investigation, it would seem that the proposed armory could provide both municipal and civic uses, with the proposed site being the City owned property between the Columbia lce Arena and the City I�anicipal Garage. - The 1973 construction costs for the armory in Hastings, b4innesota were adjusted to provide an estimate of the construction costs for 1977. (1977 being the year a proposed armory could be constructed if the proposal is accepted). The estimated armory construction costs would result in an annual cost to the City of Fridley of $7,780 per year for a twenty year period. RNS/jm Attach: Report � ' � 'I I � il ` ' ' ' u� I � .,, 1 � llA September 12, 1974 REPORT REGARDING A SUGGEST�D SITE, AVAILABLE FACILITIES AND COST ANALYSIS � PERTAINING TO A PROPOSAL FOR CONSTRUCTION OF A NATIONAL GUARD ARMORY IN THE CITY OF FRIDLEY � � � � � �� INTRODl1CTI0N: This report is prepared in response to the instructions of the City Council as indicated in the minutes of the Council Meeting of July 15, 1974. The report is based on an investigation of available`City owned property to determine a pos- sible armory site, an inspection of an existing armoxy to determine if the basic armory facilities can be of municipal and civic use, and review of actual construction costs to determine future construction costs with estimated annual City cost to provide an armory facility. The construction of a National Guard Armory is basically Federal and State Government in nature. The Federal Government must be assuxed that the primary use of the building and site is military. After the certain primary objectives of the building are met, other features which a municipality might desire are added to the building whose construction is coordinated by zhe Department of Military Affairs, an agency of the State of Minnesota. SUGGESTED ARMORY SITE: The basic site requirements for the construction of an armory is a parcel of property approximately 350 feet by 350 feet (2.8 acres). After reviewing all City owned property a suggested site for a proposed armory is the 200 feet wide parcel of property located between the Columbia lce Arena and the Municipal Garage (see attached map as enclosure #1), This property has been inspected by the National Guard personnel and a favorable response was noted. The suggested site is located in an area where it appears the construction of an armory would have a minimum environmental impact on the adjacent properties. Due to the number of years required to process construction of an armory, it is � difficult to predict what property may be avialable at the time actual construction will take place. Therefore, to proceed with the proper 'scheduling of construction of a proposed axmory, those communities interested in the proposal are being requested to execute a resolution of intent. The resolution of intent basically � reserves a parcel of property and allows for the planning and budgeting of the project. With an appxopriate resolution of intent, commitment in regard to a programmed year for the first armory to be built in the Minneapolis suburbs has � been indicated which could allow construction to proceed with the City of Fridley in fiscal year 1977. � L� � �`i In order to develop the site for a proposed armory building and subsequent parking area without xemoval of a majority of the existing trees, Anoka County was contacted to determine the possibility of an agreement for joint use of parking facilities at the Columbia lce Arena. Discussions with the Anoka County Parks and Recreation Department indicated that an agreement could be arranged since a proposed addition to the existing ice arena would result in a parking area which would lend itself to mutual use. An appropri3te-agreement would be prepared only if the City proceeded with canstruction of an armory. �% � llB Report on National Guard Armory -2- 9-12-74 AVAILABLE ARMORY FACILITIES: The attached floor plan (enclosure #2) indicate s the facilities which would be available with constxuction of a typical armory. An on-site investigation of the existing armory in Hastings, Minnesota was made by several of the City of Fridley staff to determine the extent of municipal use of the armory facilities. The areas available for public and civic use on a rental basis are a 7,000 square foot drill floor which could be used for athletics, dances, and other similar activities. The small haTl (approximately 1,350 square feet) is £inished much like the City of Fridley community xoom or classroom and has portable dividers tliat break it into three separate rooms. 1'his area could be used for classrooms, summer activities, wedding receptions, etc. � The kitchen is large enough to serve such things as weddings and other banquet activities. The rifle range was indicated to have been built to withstand the impact of rifle bullets or a.357 pistol, similar to those used by the Fridley police officers. The armory would certainly duplicate some of the school facilities that present2y exist, however, the armory facility would have more lati�ude in its rental availability, in that liquor and Ueer can be dispensed, bingo, flea markets, apparatus and vehicle shows cou2d be arranged which would not lend themselves to a school structure. Additianal facilities as desired by the municipality could be incorporated in the construction of the armory. ESTIh1ATED ARA40RY CONSTRUCTION C�STS : The construction of the armory itself wi11 be coordinated by the Minnesota State Armory Commission. State laws provide for the building, establishing the bonds and retiring of the bonds. The total cost of the basic armoxy is shared by the federal government, state government and local government on the following basis: Federal Goverrvnent - 75% State Government - 10% (40% of remaining 25%) Local Government - 15% (60% of remaining 25%) Any additional features added to the basic armory which could be used by the � National Guard would be paid for at the ratio mentioned above between the state and local governments. Present typical costs for construction of an armory are approximately $500,000 � with the state and local government cost approximately $150,000. To get a more realistic idea of the cost tireakdown, the cost of the existing armory in Hastings, A9innesota which was constructed in 1973 are offered for consideration: ' � � � � � � I � � Report on National Guard Armory -3- Armory Construction Costs (1973) Total Contract Amount $424,558.28 Federa2 Share - 299,754.96 Local Share (State $ 124,803.32 bfunicipality) . Architect and Engineer Costs� Total $ 23,350.70 Federal Share 1G,486.52 Local Share (State � 6,864.18 Municipality) Total Costs . 9-12-74 Total • $447,908.98 . Federal Share � 316,241.48 Local Share (State F, 131,667.`50 Municipality) (All above costs are as of March, 1973) In order to provide construction costs which would be anticipated for Fridley in the year 1977, the 1973 costs of the Hastings armory are adjusted using the Engineering News-Record index for the past five years. T'his index indicates an average of 90 per year increase in construction casts over the period from 1968 to 1973. Assuming the rate of increase does not change, this 9% per year increase in costs results in the following cost participation for 1977 con- struction: Armory Construction Cos�s (1977) Total $577,399.26 Federal Share (75%) 433,049.44 Local Share (250) 144,349.82 State Share (40%) 57,739.93 City Share (b0%) 86,609.89 Architect and Engineer Costs TotaT $ 31,756.95 Federal Share (750) 23,817.71 Local Share (25 0) 7,9"s9. 24 " State Share (40%) 3,175.70 City Share (600) 4,763.54 Total Costs Total $609,156.21 Federal Share (75%) 456,867.15 Local Share (250) 152,289.06 � State Share (400) 60,915.63 City Share (60%) � 91,373.43 . (All of the above estimated costs are based on an anticipated increase of 9% per.year £or next four years) � .11. � � ■ I � � �� _� �. ' Report on National Guard Armory -4- 9-12-74 The above estimated costs for 1977 construction of an armory were reviewed by the City of Fridley Finance Department. Based on the estimated City share of $91,373.43 calculations were made to determine an annual cost for the City of Fridley. If we assume an average interest rate of 6.7a, the interest cost over a twenty year per�od would be approximately $64,207. This added to the principal of $91,373 would make an average annual payment on principal and interest of $7,780. The State Armory Building Commi.ssion maintains the building and there- fore no annual maintenance costs are anticipated. Discussions with National Guard personnel concerning the funding concept used in building armories indicated that the Minnesota State Armory Building Commission, a corporation, has been set up by law specifically to provide for the building and financing of armories. The Armory Commission will issue the necessary bonds and the City of Fridley would turn its annual payments over to the Building Commission. This means that it will not be necessary for the City to issue its o�+m bonds for the project. It was further stated that the maximum the State can contribute towards the funding af the armory is $6,000 per year. This has recently been raised from a previous amount allowable. SUNII�fARY : From .the foregoing discussion, the proposed armory could provide additional �facilities for municipal and civic use with a suggested site on the City owned property between Columbia lce Arena and the City of Fridley Municipal Garage. The annual cost to the City of Fridley for construction of an armory is esti- mated to be $7,780 aver a twenty year period. Respectfully submitted, � ��,- ' : .. � l �� Richard N. Sobiech, P.E. Public Works Director RNS/jm Enc. 2 11D I I i h � Z �W J U s� a o z +- o .. Y � � � a � � � o � AR Rp' �SH M. S. A.S. 3 07 PROPOSED ARMORY SITE � ' � /� 1 M.-- --.. „ �PARKr,,,� � �� C> S:✓ AvENUE 11E ENCLOSURE #1 s . � �'.�..�..r y 7 A:tyL'E !4_ � . � r � a � a .� � � � � � . 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REPOFtT BY : 9-3-74 —.' . c,� _.�-; 12 � ' . � OFFICE OF 'fHE CITY PiAP;AGER CITY OF FRIDLEY . � � NEI iOZ�;fvDU��1 - . . . _� � PU6LIC WORKS DIRECTOR � T0: i � �RO��i: , CITY MANAGER � � DATE: AUGUST 30, 1974 `�, SUBJL�T: �EQUEST FOR SLATS IN THE FENCE FOR PRIVACY�BY B�RT SLATER, 128 -RIVEREOGE IrlAY . . � • - Please review the�problem. Come up with an estimate of the � •. cost for the requested item and give your�recommendations. Thank you. t�MCj/ms • . � CC: Mayor Liebl - . � ,• � 8-30-74 C�st estimate as follows: • Slat Material - a) 80' of 4' slats @$2.25/ft.. _$180.00 b} 40' of 4' slats @$1.SQ/fto = 60.00 � . _ $240.00 Installation Cost � , � . a) 80' of 6' slats�@� �1.08/fi. _ $ $6.40 � b) 40' of 4' slats @$0.64/ft. 25.60 $112.00 Use as subtotal minimum installation chg. 125.00 . � . TOTAL ESTIMATEII COST $365.00 I. .. , who have Above costs were received from Cxor�m Iron 1Voxks - previously done work in the City. I� City action resulted in,existing situation, the above � estimated cost doesn't appear to be far out of line in order � to provide adeauate privacy. 1Ve should be prepared to provide slats on both sides of the walkway. � . I recommend installation on 6' section only therefore,�cost estimate would�be $305 per side or a total estimated cost of $610./�,;��y�% _ �S / j,n ` �� --- . . � � • . � , . � � � � � 1 Mayor Frank Liebl. City of Fridley, Ntinn � 1 � u � � ' � � � J � �. � Mr 8� Mrs Bert Slater 1�$ Riveredge Way �Fridley IKi.nn �-25-?4 12 A Dear Mayor Liebl: Several years �g.o, a Ju1y �.th weekend, when I came home and found city surveyars stakes driven in my property, you came out in response to my call, to discuss the situation. I re--iterate my thanks to you, even now, because you were a man of action, a man, with personal sincere interest, to anather man's problem. Yau pointed out the city's desa.re ta use part of my praperty, for a walkway for the elementerp students safety. I indicated that I would�e cooperative, if �he city too, would coop�rate and co:�sider our needs as well. As to the safet of the smaller children now, I must question this due ta their riding of their bikes through the wlkway, out onto the street without any heed whatever for any possible traffic:� I truthfully hope;and pray that no tragedy occurs here, as the potential is very great, believe me. Among the factors regarding the desireability of this property, was the pri�acv it offered both front and rear. This...no lon�er ' �`' �• In our discussion that day, the question arose,'�suppose we tried the pathway a few months or even a year without a fence, but then found it was necessary to �� _fence�:� erected, would I be assured that the city would hanor thi s request atthis later date't? You assured me by your word on this full coopertion by �he city. T n the interum, it wa� resolved by all parties, that a walkway wi�h a fence and sh rubs be constructed. �t was assum�d the hedge shrubs would be appro.�cima�ely three feet in h�ight 4 so as to offer same privacy as they grew to mare appropiate height, The shrubs we received were some 1$ inches high, which have shown little or no growth t:�is year, and we are told it will be six years or better before we can. expect to obtain some privacy. As yoa see, we are now compl�tely legt in the open, e�;�osed to all ioot and bicycl� traffiC�which continues to grow, Several times while enter�aining friends in our back yard we have had the problem of teenagers stopping their bikes in the walkway, congregating there and gawking upan us. They maintain they are on public property. '�Jhat I am requesting hereby, is whether the city council could find it in their hearts and mi.nds, to help their fellow-man (a taxpayer) and approve the cost and installation of plastic slats to one side, the east side of this fence, 3/k of the way only. � We would be very greatful an d appreciative to you and the city council, for your attention and approval to thi s matter, which is of great concern to us. Thank you very much. S' ly y urs � ,.�°,;��,6�� Bert Slater , � `� � � RESOLUTION N0, .- 1974 RESOLUTION CONFIRMING ASSESSMENT FOR ST. 1973-3 STRE£T IMPROVEMENT PROJECT BE IT RESOIVED by the City Council of the City of Fr�dley, Minnesota, as foliows: 1. The City Cterk has with the assistance of the engineers heretofore selected by this Councit for such purpase, caiculated the proper amounts to be speciaiiy assessed for the ST. 1973-3 STREET IMPROVEM ENT PRO,lECT � in said City against every assessable lot, piece, or parcel of tand in accordance with the provisions of law, and has pr�pared and filed wiih the City Cierk tabulated statements in dupticate showing the proper description � of each and every lot, piece, or parcel of tand to 6e specially assessed and the amount calculated agains� the same. 1 2. Notice has been duly publishe�i as required by iaw thafi this Council would meet in regular session at this time and piace to pass on the proposed assessment. � 3. Said proposed assessment has at all times since its fiiing been open to inspection and copying by ail persons interested, and an opportunity has been given to all interested persons to present their objectiona, if any, � to such proposed assessment, or to any item thereof, and no abjections have been fited; except ! 4. The amounts specified in the proposed assessment are changed and altered as follows: � � 5. This Councii finds that each of the lots, pieces, or parcels of tand enum- erated in said �ropased assessment as altered and rn�dified was and is speciatly benefited by the � � � �. � ST. 1973-3 STREET IMPROVEMfNT PROJEC7 in the amount in said proposed assessment as altered and modified by the co�-rective ro11 in the amount set opposite the description of each suct� lot, piece, or parcel of land, and that said amount so set out is hereby tevied against each of the respective lots, pieces, or parcels of land therein described. 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and atterations herein above made, are affirmed, adapted, and confirmed as the proper speciat assessments fc�r each of said tots, Qieces, or parcels of land respectively. � � � PAGE 2--RESOLUTION N0. - 1974 � 7. Said assessment so affirmed, adopted, and confirmed, shatl be certified to , by the City Cterk and fited in his office and si�atl thereupon be and con- stitute the special assessment for � ST. 1g73-3 STREET IMPROVEMENT PROJECT 8. The amounts assessed against each tot, piece, or parcei ef land shatt bear interest from the date hereto untit the same have been paid at the rate of ` seven and one-haif (7i) per cent per annum. 9. Such assessment sha11 be payable in ten (l0) annual installments payabie � on the lst day of January in each year, beginning in the year 1975 and con- tinuing untii all of said installments shall have been paid, each instatlment to be collected with taxes collectible during said year by the County Auditor. � 10. The City Cierk is here.by directed to make up and file in the office of the County Auditor of Anol�a County a certified statement of the am�unt of atl � such unpaid assessments and the amount which will be due thereon on the l�st day of January in each year. The motion for the adoption of the foregoing resolution was duly seconded by � Councilman , and upon a vote being taken, the following voted in favor thereo�: and the foiiowing voted against fihe same: PASSEO ANO ADOPT£D BY THE CITY COi1t�1CIL OF THE CITY OF FRI DLEY iHI S DAY OF , 1974. ATTEST: CITY CLERK Marvin C. Brunsell , � MAYOR � Frank G. Lieb1 13A R£SOlUTION NOo _��, - 1974 A RESOLtJTION TRANSFERRING CERTAIN COSTS FROM THE ST. t973-3 STR££T It4PR0UEMENT PROJE�T TO iHE ST, 1975-3 STR£fT IMPR4V£M£N7 PROJECT WHEREAS, enginee�ing and administrative expenses in the acnount of $1,691.85 were incur�ed under the ST. 1373-3 Street Improve�nent Project, and WHEREAS, these �xp�nses shoutd b� a part of the ST. 1975-3 Street Im- provement Project, NOW, THER�FORE, BE It RESO�.UEO that expenses inc�arred in the amount of $1691.85 sF�ail b�come a part of the ST, 1975-3 Street Improvement Project, and shail be transf�r�ed from the ST. 1973-3 street Improve- ment Project. PASSEb RNQ ADQPTED BY TNE CITY COi1NCIt Of TH� CITY OF FRIOLEY THIS DAY OF SEPTEMB�R , 1974. MAYOR Frank G. Liebt AT'fE ST s CITY CIERK Marvin C. Brunsell 14 � � , � , � RESOLUTION N0. - 1974 RESOLUTIdN CONFIRMING ASSESSMENT FOR 1974 WATER AND SEWER MAINS, LATERALS, AND SERVICE CONNECTIONS BE IT RESOLUED by the City Council of the City of Fridley, Minnesota, as follows; 1. The City Cterk has witt� the assistance of the engineers heretofore setected by this Councii for such purpose, catcutated the proper amounts to be speciatiy assessed for the 1974 WATER AND SEWER MAINS, LATERALS, AND SERVICE CONNECTIONS in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and fited with the City Cierk tabulated statements in duplicate showing the praper description of each and every tot, piece, or parcel of tand to be speciatiy assessed and the amount calculated against the same. � 2. Notice has been duly pubiishsd as required by taw that this Councit would � meet in regutar session at this time anc! place to pass on the proposed assessment. � 3. Said proposed assessment has at alt times since ifis filing been open to inspection and copying by ait persar►s interested, and an opportunity has been given to all interested persans to present their objections, if any, 1 to such proposed assessment, or to any item thereaf, and no objections have been fiied; except i , 4. The amounfis speciFied in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the tots, piec�s, or parcels of land enum- ,� erated in said proposed ass�ssment as altered and madified was and is specially benefited by the , � � � � 197�+ WATER ANO SEWER MAINS, LATERALS, AND SERUICE CONNECTIONS in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each such lot, piece, or parcel of iand, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of lancf therein described. 6. Such praposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted and confirmed as the proper speciai assessments for each of said lots, pieces, or parcels of land respectively. � ' � PAG� 2--RESOlUTION N0. - i974 7. Said assessment so affirmed, adopted, and confirmed, shall be certified to by the City Clerk and fited in his office and shall thereupon be and con- stitute the speciat assessment for 1974 WATER AND SE�tER MATNS, LATERALS� AND SERVICE CONNECTIONS $. The amounts assessed against each tot,_piece, or parcet of land shall bear interest from the date hereto unti� the same have been paid at the rate of seven and one-half (%�) per cent per annum. 9. Such assessment sha11 be payabte in fi�teen (i5) annual instaltments payable Oh the 1st day of January in each year, beginr�ing in the year 1975 and con- tinuing untit atl of said installments shati have been paid, each instatlment to be cottected with taxes coilectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anaka Caunty a certifiec! statemen� of the amount of ati � such unpaid assessments and the amount which wilt be due thereon on the lst day of January in each year. The motion for the adoptian of the foregoing resotution was duty seconded by Councilman ��, and upon a vote being taken,, the foitowing voted in favar tk�ereof: and the �ollawing voted against the same: PRSSED AND AOOPTED BY THE CI7Y COUPlCIL OF THE CI7Y OF �RIOLEY 7HTS OAY OF , 1974. ATTEST: CITY CLERK Marvin C. Brunselt MAYOR Frank G. l.i ebl ]5 A I 0 RESOLUTION N0. ' RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEWER IMPRQVEMENT PROJECT #116 0 WHEREAS, Resolution No. 8G-1974 adopted on the 19th day of August, 1974 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and t WHEREAS, all of the property ownexs whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon:at the hearing as noted in the said notice. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as foilows: 1. That the following improvements proposed by Council Resolution No. 85-1974 are hereby ordered to be effected and completed as soon .as reasonably possible,to wit: Water, Sanitary Sewer, Mains and Laterals and Service Connections, Storm Sewer and Drainage Facilities and Related Appur:tenances; to serve the following properties: The remainder of the Great Northern Industrial Park Plat located in the southeast quadrant of Interstate No. 694-and�East River Road; i.e. � Blocks S through 11. 2. That work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Public Works Dix., Richard Sobiech F� the City's Consuiiiu� ..: Engineers are hereby designated as the Engineers for this improvement. They shall prepare final plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 197 4. ATTEST: CITY CLERK - MARVIN C. BKlJNSELL MAYOR - FRANK G. LIEBL 16 � 9 _ i I APPQINTMENT FOR CITY CpUNCIL CONSIDERATION - SEPTF�NIBER 16, 1974 ENVIRONMENTAL QUALITY COMMISSION (Chapter 121). According to the Minutes of the �nvironmental Quality Commission, a vacancy e�ists on the Environmental Quality �ommission for the position previously held by Roger Kay, Ward 2. Members are to be appointed•by the Mayor with the approval of a majority of the Council. The member shaZl be_a.resident, shall have an interest in the environment of the City, and appointed with due regard to their �itness for the efficient dispatch of the functions, duties and responsibilities vested in and imposed upon the Commission�. A suggestion has been made that Mr. Leroy E. 0'Quist, 1011 Hackmann Circle, Fridley, (Ward 2), telephone number 788-2229, be considered for this appointment. APPOINTMENT APPOINTEE Ward 2 � � TERM EXPIRES MEMBER REPLACED 4-1-76 Roger Kaye, Jr. 585 Rice Creek Terrace Fridley, Minn. 55432 ESTIMATE FOR CITY COUNCIL CQNSIDERATION - SEPTEMBER 16, 1974 Carl J. Newquist, Prosecutor Smith, Juster, Feikema, Haskvitz & Casserly Suite 1250 Builders Exchange Building Minneapolis, Minn. 55402 August, 1974 billing for Prosecution work $ 1,785.00 � _ � A � ' , TIME RECORD FOR At1GUST, 7 974 PROSECUTIOfd l�10RK � 1. Preparation, Travel and Time in Court for � 34 Court Trials, 1 Pre-trial Conference and 2 h�otions. 13 hours 15 minutes � , 2. Investigation and Process of Complaints including office conferences, phone conferences, , correspondence and preparation of 8 Formal Com{�laints. 13 hours 25 minutes � 3. Police and Court Administration. 1 hour 05 minutes � 4. Strike at F.M.C. - Phone and office conferences, meetings, and representation in District Court hearing. 21 hours 45 minutes ' �� TOTAL 49 hours 30 minutes � ' - _ _--- _ __-_ � DATE e • •� • BALANCE�� FORWARDED FROM LAST STATEMENT ' 8-30-74 For legal services rendered as Prosecutor ' for the City of Fridley. , � : August 1974 Retainer. $7,OQ0.00 ; Secretarial Services 100.00 Time in excess of 30 hours ; ' (19 hours, 30 minutes) 685.00 � } 1,785.00 $1,785.00 - , ! dec:are ur�der pena;ties of �aw thaf this I� aCCOUnt, ciaim or �er:+and is just and cor- � rect an � no art � it has been p�id I j' �: Si�, r of CI� ri; �nt � �� + . SMITH, JUSTER, FEIKE , HASKVITZ •HO CASSERLY . . � � � � �. � ATTONNEYS AT LAW .. � . . � . a�., �a� ao: � . . II.. . . I � . . . � L .' � . � . . � � � . �. . . . . . . . . . . . � � . � . . . � . � � . . . ..� RECEIVING CITY OF FRIDLEY FINANCIAL STATEMENTS AS OF DEGEMBER 37, 1973, FROM GEORGE M. HANSEN COMPANY (You Wi11 find this report in your env�lope) f �. � � ' 424 Rice Creek B1vd. Fridley, MN 55432 t September 6, 1974 ' � City of Fridley 6431 University Avenue N.E. Fridiey, MN ' Atten�ion: Mayor Liebl Councilman Utter Dear Frank & Ev: I wish to thank you both for your cooperation during aur meeting with Woodcrest Baptist Church on Wednesday, August 25. Pastor Poorman has written me a letter confirming the changes to their structure which we agreed to at our meeting. I hope the City Council will consider a change in their zoning requ�rements and notification requirements so the �~esidences around an institution are protected in the future. _Again I would �ike to thank both of you for the he7p extended, and if �"`�� there�`�s�-anythi ng I can do for you i n the f uture 9 p1 ease da not hesi tate i to call. Sincerely, _ ,� �� ` — Paul M. 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