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PLtDGE OF ALLtG IAi�CE : Gi ven , 1` � y��ATj01�: Ma or Liebl read a letter of prayer concerning I� y _- America. ' ROLL CALL� A1� present: 1 . � APPROUAL OF i� I i'JUTES : 1 _ R�GULAR MEETING, DECEMBER 2; 19�4 Adopted as presented. ' PUBLIC tIEARING, DECEMBER J, 19�� , F►dopted as presented. � ' ADOPTIOi� OF AGE�dI�A: _ � 1 - , Adopted as presented. ' i VISITORS: �i1 CONSIDERATION OF ITEMS NOT ON AGENDA — IS MINUTES " �i. ' None i I I' Councilman Starwalt presented Certificate of Appreciation to _ i Mayor Liebl from the Metro League of Municipalities. I I ' ' REGULAR MEETI(�G, DEC�MBER 16, 1974 PAGE 2 Ot� �USIidESS: . CONSIDERATION OF APPOINTMENT T0 BUILDING STANDARDS - 1�ESIGN CONTROL COMMITTEE CTABLED:IZ�Z��4). � � . . . . . 1 Mrs. Jan (Charles) Seegar, 324 Ironton Street, 784-7441 appointed to fi11 the unexpired term, Apri7 1, 1976. CONSIDERATION OF SECOND READING -0F AN ORDINANCE FOR REZQNING R�QUEST Z0A #74—O4,:BY HENRY.F. MUHICH, . TO REZONE �OTS 11-21 AND �OTS 2$_-35, BLOCK 4, $PRING � �ROOK PARK ADDITION, FROM I�-1:TO R-1; GENERALLY LOCATED l�ETWEEN �9TN WAY AND LONGFELLOW STREET AND ASHTON AVENUE AND THE RAILROAD TRACKS; . AND : CONSI�IERATIOiV OF APPROVAL OF A REQUEST FOR HOUSE RELOCATION ON LOTS 31 AND 3Z,. BLOCK`4, SPRING BROOK PARK ADDITION. � . . . . . . . . , � , , , , . . . . . . Z — Z C Tabled until the second meeting in January. CONSIDERATION OF SEGOND READING OF AN ORDINANCE FOR VACATION REQUEST SAV #74-04, BY �ERRY GUIMONT, OF A PORTION OF UTILITY EASEMENT, GENERALLY LOCATED AT 6SS1 ZND STREET IV � E. � � � . . . . . . . . . . . . . Ordinance No. 576 adopted and pub7ication ordered. 3-3A _ I I� � �. . � . . . . �� REGULAR (�EETING, DECEh�BER 16, 1974 PAGE 3 41 ; , ��.!) ��$II�ESS ��ONTINUED) . ' �ONSIDERATION OF �OT SPLIT i�EQUEST �,5, #74-16, - GORD,�N t� � PETERSON, 4SC5 3RD S�REET I�. E� , (TAB�ED 12/2/1974) . , , , . � . . . . . . . . . . . . . 4 - 4 D Concurred with Subcommittee and`approved Lot Split. � ' ' . ' . iVEW i3USIPdESS: 1 . - -- - CONSIDERATION OF FIRST READING O� AN ORDINANCE ' RELATING TO THE SALE OF REAL ESTATE OWNED BY THE . CITY �LOTS IO AND 11, BLOCK 6, OAK GROVE ADDITION). .. 5- 5 A , . - _ Ordinance amended to state Lots �0-15.> Ord�nance ado.pted on first reading as amended. ' , ' �CONSIDERATION OF $EVEN RESIDENTIAL BUILDING ' PERMITS IN �RIARDALE AREA, SOl1TH OF RICE CREEK Roan .......................... 6-6B ' Communication from Mr. Richard Miller received. Concurred with the recommendation of the Administration and declared the building permits nul] and void, but that the monies applied to the original permits will be refunded or credited to the new permits and that the proper charges be taken care i� of for the Metro Sewer Board. _ �I ' I _ ' . , ' ' REGULNR �'IEtT I iVG, DECEMBER 16, 1974 PAGE 4 1lEW BUS I (�ESS : � - . RECEIVING THE MINUTES OF THE PLANfVING COMMISSION �EETING OF 11ECEMBER 4, 197.4� . � . , � � . � � . . . • � � — � �� 1� PRELIMINA�Y PLAT, P�S. #Z�—O3, BY GEORGE L� WALQUIST, `�IW QUADRANT OF RICE CREEK ROAD AND CENTRAL AVENUE Public Hearing set for January 13,:1975. 2.: SPECIAL USE PERMIT, SP #%�-15, FRANK�S (VURSERY, %6ZO UNIVERSITY AVENUE N. E, � Stipuiations of Special Use Permit modified to allow installation of chain link fence rather than wood fence. 3. SPECIAL USE PERMIT, $P #�4-16, REYNOLD E� SWANSON, %1�1 HIGNWAY � #65 N. E, � Concurred with the Planning Commission and approved the Special Use Permit with the recommended stipulations. �iINUTES RECEIVED RECEIVING THE P'�IfVUTES OF THE PARKS AND RECREATION CaMMISSION �'�EETING 0� yOVEMBER 25, 1974. � � . . . . . . 8 - 8 � Counci7 t,�ok action to continue ice at Ed Wilmes Park. Council directed Administratior to work out a methad of providing or�e more piece of ice for girls broom ball. Council discussed scheduling of flooding rinks to provide good base conditions. �1INUTES RECEIVED. i � � � 1 ' F ' �� , I , ' I ' I RtGULNR f�itLTIf�G, 1�ECE(t�BE� 16, 1974 PAGE 5 (VtW BUS I�VE$$ �CONT I NUED) � RECEIVING THE ��INUTES OF TNE CITIZEN BIKEWAY COMMITTEE I��EETI NG OF f�IOVEMBER 1�,' Ig%4 �..�.�... 9' 9 A. Plinutes Received. RECEIVING THE MINUTES OF THE CITIZEN`BIKEWAY � COMMITTEE i�1EETING OF DECEMBER �,:' 1�%�� . . � . . IO ` IO R hlinutes Received. ' CONSIDERATION OF APPROVAL OF FINAL PLAT P.S� #%�—�2, GRA�CE HIGH SGHOOL ADDITION, . �ENERALLY KNOW'i� AS THE GRACE Ii I GH SCHOOL PROPERTY SOUTH OF GARDENA AVENUE P�. E. AND . CONSIDERATION OF APPROVAL OF AGREEMENT BETWEEN CITY OF FRIDLEY AND GRACE HIGH SCHOOL FOR USE OF PRQPERTY. . . � � . .' . . � . . . . . . . . � . . � . . 11 - 11: � Final Plat Approved with concurrance with the first three stipulations. The fourth stipulation was revised to require payment - of the $4,200 park fee ov�, as an aiternative the negotiations of ` recreational facilities at Grace High"School in lieu of the park fee. Stipulation number five wi77 be amended to state that a five.foot sidewalk be provided on the west side of Matterhorn.and the south side of Gardena. Assessing will follow City policy. Plat and Agreemei�t approved and°Mayor and City Manager authori zed to si gn, conti ngent upon agreement bei ng reached on the fourth stipulation. � 1 � ' � � .' - , � ' '� ' ' r REGULaR (�EET Ii�G, DECEf�BER 16, 1974 '�� PAGE 6 iJEW �USIiVESS,iCONTINUED) 0 CONSIDERATION OF A RESOLUTID�1 APPROVING EXCHANGE OF PROPERTY FOR PARK PURPOSES AND CO�ISIDERATION OF APPROVAL OF AGREEMENT WITH DAVID O� HARRIS AND �ANICE M�' HARRIS FOR EXCHANGE OF PROPERTY IN HARRIS LAKE ESTATES FOR PARK PURPOSES. ....�.' . IZ - I2 D Resolution No. 130-1974 adopted. Agreement approved. CONSIDERATIOW OF A RESOLUTION AUTHORIZ3NG PARTICiPATION IN THE SUBURBAN RATE AUTHORITY; I�IRECTING THE �XECUTION AND DELIVERY OF A �OINT POWERS AGREEMENT; AND 1�ESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE $UBURBAN RATE AUTHOR I TY . � . � � ` � . ; � < � � � . , � . . 13 - 13 A Resolution No. 131-1974 adopted, Counci�man Stara.alt designated as� representative. CON�IDERATION OF A RESOLUTION AUTHORIZING A ' �EFERRED COMPENSATION PLAN FOR THE CITY OF FRIDLEY. ,, 14 - 14 C Amended with the addition of a second paragraph to state, "WHEREAS, It does not require any monetary contribution from the City; and" Resoiution No. 132-i974 adopted as amended. � � i� i � REGULAR P�EETIi�G, DECEMBER 16, 1974 . . PAGE 7 '' i�EW �US I iVESS tCo�vTi �u�D) . ', 1 _ . , . ,' CONSIDERATION OF RESOLUTION STATING INTENT TO PARTICIPATE IN COOPERATIVE COMMUNITY DEVELOPMENT Fun�D i �� , , , , , , , , , , , , , , , , , , , , , � . . . 15 — 15 D � „ Amended with deleet�on of "(Official, manager, or department) and addit�on in this space of "i�tr. Nasim Qureshi, City Manager,or his ' agent". Resolution No. 133-1974 adopted as amended. Letter of intent approved. � � . CONSIDERATION OF A`RESOLUTION ORDERING PRELIMINARY - ' PLANS, SPECIFICATIONS AND'ESTIMATES OF THE COSTS .THEREOF: $TREET IMPROVEMENT PROJECT $T, 1976-4 . � , � ' 16 ' Resolution No. 134-1974 adopted. � i . 1. • I.ONSIDERATION OF A RESOLUTION`RECEIVING THE � � PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE I�ATTER OF THE CONSTRUCTTON OF CERTAIN � ' � IMPROVEMENTS: STREET IMPROVEMENT PROJECT � ST . 1976-4 . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 A , -- �� Resolution No. 135-1974 adopted. I , I I ' �I 1 . .r REGULAR MEETING, DECEM�ER 16, 1974 PAGE 8 I�EW i�USI��ESS �CONTINUED) CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SpLITTING -0F SPECIAL ASSESSMENTS ON PARCEL IBG�., SECTION 3 � . � :. � . . � . � . . . . . I$ Resolution No. 136-1974 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND �IRECTING THE COMBINING OF SP�CIAL ASSESSMENTS ON LOTS.� AND 5, BLOCK S,`HAMILTON'S ADDITION T0 �'�ECHAN I CSV I LLE � � . . � . . , . � . � � . . , � . . l� Resolution No. 137-1974 adopted. . CONSIDERATION OF A RESOLUTION AUTHORIZING THE CHAiVGIfJG OF BUDGET APPROPRIATIONS WITHIN THE C�ENERAL FUP�D. � . . � . � � . , . . . � � � . . . . . . ZO Resolution No. 138-1974 adopted. � , R�GULAR MEETIfVG, DECEMBt� 16, 1974 � PAGE 9 IV�W �U$I��IESS CCONTINUED) CONSIDERATION OF alJTHORIZING ACCEPTANCE OF NON— , WAIVER AGREEMENT AIJD RESERVATION OF RIGHTS (11AILEY FiOMES VS CITY OF FRIDLEY)� ; � � . � � . . . � ZI - 21 B �wthorized City Attorney to sign and execute Reservation of Rights and letter. �LA I MS � . , . , , , . ; . . . . � . . . � � � . . . . . 22 . Approved. APPROVAL OF FIRE UEPARTMENT PAYROLL, �UNE 16, �.9�4 INROUGN DECEMBER Il�. 1974 . . . . : . . . . : . . . 23 APproved. LI CENSES . . � . . � . . . � . � . . . � . � . � . . . . Z4 — Z� A ApProved. � KEGULAR �IEET I iVG, DECEMBER 16, 1974 � ` PAGE l0 NEW BUSI��ESS (CONTINUED) ESTIMATES � . � . � � . � . . . . . . . . . . � . . . . � Approved. 25-25B I COi�MU�� I CAT IOyS : CITY ATT4RNEY VIRGIL HERRICK: DEDICATION OF PARK . LAND IN INtJSBRUCK h�ORTH. � . � � . � . . � . � . . . . Z6 — Z6 A Council action directed the City Attorney to ask far the deed to the property to be dedicated to the City for park purposes in Innsbruck North. THANK YOU TO CITY EMPLOYEES FOR PAST YEAR'S'WORK AND CHRISTMAS ANQ NEW YEAR'S GREETINGS: Council motion thanked the City Employees for their work of the past year and wished City EmpToyees a"Merry Christmas and Happy New Year. REQUEST FOR LEGAL OPINTON CONCERNING CHALLENGE OF RANKING IN POL�CE DEPARTMENT: Council action directed the City Attorrtey to- ask for a iegal opinien concerning the ranking challenge, ar whether or not it would be poss7ble for an employee with an abolished position to assume the next lower rank. ADJOURiU : � o: 40 � S � � � — � , , � ' , � 1 � �� THE MINUTES OF THE REGULAR MEE7ING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 16, 1974 The Regular Meeting of the Fridley City Council of December 16, 1974 was called to order at 7:36 P.M. by Mayor Liebl. __.�._� 211� ' PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT: PIEMBERS ABSENT: Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider. None. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF DECEMBER 2,_1974: MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting of the Fridley City Council of December 2, 1974 as submitted. Seconded by Councilman Nee. Upon a voice vote, all voting aye, ��layor Liebl declared the motion carried unanimously. PUBLIC HEARING MEETING OF DECEMBER 9, 1974: h10TI0N by Councilman Utter to adopt the Minutes of the Public Hearing Meeting of the Fridley City Counci•1 of December 9, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: NIOTION by Councilman Breider to adopt the agenda as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl decl.ared the motion carried unanimously. � VISITORS: Mayor Liebl asked if there was anyone present who wished to address the Council and there was no response from the audience. Councilman Starwalt addressed Mayor Liebl and said he had a Certificate of Appreciation from the Metropolitan League of Municipalities which was to be presented to Mayor Liebl at the last meeting of the League. He explained Mayor Liebl was unable to attend this meeting and he would like to read and present the Certificate at the present meeting. Councilman Starwalt read the Certificate aloud and presented it to Mayor Liebl. � h1ayor Liebl accepted the Certificate and expressed his thanks to the League. OLD BUSINESS: CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS-DESIGN CONTROL COMMITTEE TABLED 2 74 : MOTION by Councilman Nee to appoint Mrs. Jan Seeger, 324 Ironton Street, 784-7441, to fill the unexpired term created by the resignation of Mrs. lielen Treuenfels, to expire on April 1, 1976. Seconded by Councilman Starwalt. Upon a voice vote, Mayor Liebl voting aye, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Councilman Utter abstaining, Mayor Liebl declared the motion carried four ayes and one abstention. t I � 's T_--�--- - ' 212 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 2 AND CONSIDERATION OF APPROVAL OF A REQUEST FOR HOUSE RELOCATION ON LOTS 31 AND 32, BLOCK 4, SPRING BROOK PARK ADDITION: The Public Works Director said all of the property owners on the iats proposed for rezoning had signed a petition favoring the rezoning. He said there had been no objection to the request with the exception of one property owner and his property had been deleted from the rezoning request. The Public Works Director continued to point out that there is also a request to move a house to Lots 31 and 32, Block 4, Spring Brook Park Addition and he pointed this area out to the Council on the map on the screen. Councilman Utter asked where the house was being moved from. The Public Works Director said he believed this was being moved from Edina. He advised the members of the Council that he had a picture of the house and showed this to the Council along with the pictures of the homes in the area where the house is proposed to be moved to. Cauncilman Utter questioned if the homes would be of comparable values. . Councilman Breider said he would have no objections to the house being moved to the area if it had a garage in the plans. The Public Works Director said this was one of the suggested stipu7ations from the Bui]ding Standards Committee, that a garage be installed in 1975. Mayor Liebl asked the applicant, f�ir. Henry Muhich, if he planned to occupy the home. ��Ir. Muhich said no. . - MOTION by CounciTman Nee to table the consideration of the second reading of the ordinance for the rezoning request by Henry Muhich until the second meeting in January. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider voting aye, Counci7man Starwalt voting aye, Mayor Liebl voting nay, Councilman Utter voting aye, and Councilman Nee voting aye, Mayor Liebl declared the motion carried four ayes and one nay. ORDINANCE N0. 576 - FOR VACATION REQUEST SAV #74-04, BY JERRY GUIMONT, OF A PORTION OF UTILITY EASEMENT, GENERALLY LOCATED AT 6551 2ND STREET: The Public Works Director said there had been no objections to this request and he had obtained letters from the utility companies stating they had no objections to the vacation of a portion of the easement. MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the Ordinance, number 576, for the vacation request SAV #14-04, by Jerry Guimont generally located at 6551 2nd Street N. E. on second reading. Seconded by Counci7man Starwalt. Upon a roll call vote, Councilman Starwalt voting aye, i•layor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, and Councilman Breider voting aye, hiayor Liebl declared the motion carried unanimously and ordered publication of the Ordinance. 'CONSIDERATION OF LOT SPLIT RE UEST L. S. #74-16, GORDON PETERSON, 4565 3RD STREET N. E. TRBLED 12 2 74 : The Public Works Director pointed out the request on pages 4-C and 4-D of the agenda book. Fle said the Planning Commission had recommended approval of the request with the stipulation that before this item was reviewed by the Council the applicant was requested to provide a new survey. He informed the Council that the sitpulation had been complied with and the new survey appeared within the agenda book, i�lr. Sobiech said he recoreanended approval of the request at the present time. MOTION by Councilman Nee to concur with the recommendations of the Planning Commission and Administration and approve the lot split as requested by Gordon Peterson, 4565 3rd Street N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. � � ' � �J ' REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 NEW BUSINESS: FIRST READING OF AN ORDINANCE RELATING TO THE SALE OF Tc �n nNn i�_ Rincx ti_ nAK GROVE ADDITION : ?1'� � . I PAGE 3 ESTATE OWNED BY THE CITY The Public Works Director explained that Lots 10, 11, 12, 13, 14, and 15 were purchased by the City to provide a proper drainage or ponding area. He said this area is no longer required and the proposed action would authorize the sale of Lots 10 and 11. ' 'fhe City Manager explained that the lots were purchased by the project and now there is a drainage system that is working in the area and these lots should be sold back ' to the public and taken out of the project. F 1 Councilman Starwalt asked if it would be possible to take care of item number five on the agenda (the current discussion) at the same time as the item which is similar, item number twelve. (Exchange of property for park purposes in Harris Lake Estates.) � Mr. Dennis Schneider asked what project the money would go back into after the sale of the property. The City Manager said this would be the project the money had come from. The Public Works Director said he believed this was project No. 107. �tr. Schneider asked if the proceeds from the sale of the property would be put back into the project and if this would reduce the assessments of the people in the area. Mayor ' Liebl said yes. Mr. Schneider asked if the peop7e would receive a check for this credif. The City Assessor, Mr. i�-lervin Herrmann, said the project had not been assessed yet. MOTION by Councilman Breider to table the consideration of the first reading of the ' ordinance for the sale of real estate by the City until item number twelve is discussed. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. EN RESIDENTIAL BUILDING_PERMITS IN BRIARDALE MOTION by Councilman Starwalt to receive the communication from Mr. Richard Miller, dated December 11, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, i�1ayor Liebl declared the motion carried unanimously. fdayor Liebl mentioned that Mr. Darrel Clark, Community Deveiopment Administrator, had written a letter to Mr. Ptiller. The Public Works Director said yes, a copy of this letter had been placed in the agenda book. The Public Works Director said the permits are long overdue and construction had not begun. He added, a couple of the basements are in, but there had not been any work done on the properties for the past 120 days. The Pu61ic Works Oirector said his recorrnnedation would be to declare the building permits null and void. The City Attorney explained there is a provision for one extension for 90 days, but this extension has been given and the time has lapsed. Ne said there is no other provisions in the Code for any additional extensions. He said according to this, the Administration would have no choice but to declare the building permits null and void. He said there are no provisions for the Council to waive this requirement. He said he thought legally, it would be best if the Council did not waive the provision. rie reminded the Council of the content of the Code, and said the Council would have the authority to go beyond the time period by the extension of a 90 day period and this is all. The City Attorney suggested if the Council would follow the recommendation of the Administration, he felt the monies paid for the original building permits should be either refunded or credited to the new amount for the building permits. The Public Works Director again pointed out that Mr. Miller's office indicated he would not be in attendance at the meeting. kie said he specifically questioned if Mr. f•liller would want to have the consideration tabled for consideration when it would be possible for him to attend and he was told Mr. �tiller wanted the Council to take action. Mr. Sobiech further pointed out that he had informed the Miller office that the only information to be given to the Council would be the Administrative recort�nendation to declare the permits null and void, but they requested action in Mr. Miller's absence. MOTION by Councilman Starwalt to declare the building permits null and votd, but that the rtanies applied to the original permits be refunded or credited to the new permits 0 I i --- J (.._ "_ `__"_ ' 214 � � I �� REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 4 and that the proper charges be taken care of for the Metro Sewer Board. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 16, 1974:_ TI�N OF A PROPOSED PRELIMINARY PLAT, P_ S. #74-08, HERWAL The Public Works Director advised the Council that the P]anning Commission at their meeting of December 4th recommended approval of the plan with the four stipulations listed in the minutes. He said the present action of the Council should be to set a public hearing. MOTION by Councilman Starwalt to set a public hearing on the matter of a preliminary plat P. S. #74-08 as requested by Mr. George L. Walquist for January 13, 1975, Seconded by Councilman Utter. Upon a voice vote, all voting aye, i•1ayor Liebl declared the motion carried unanimously. Councilman Starwalt noted that the drainage in this area is critical. Mayor Liebl said this couid be discussed at the Pubiic Hearing. The Public Works Director pointed out that the recommendation of the Planning Commission was that an application for a special use permit was not necessary at this time, but the stipulations on the current speciai use permit shoald be modified. He further explained that in the original special use permit, the wood fence had been stipulated for screening purposes because there was storage of materia] in this area. He pointed out that the present request asked for the use of a chain link fence for security purposes and there is not much material being stored in this area with the present usage. Mr. Sobiech said the area in question is to be used as a display area rather than a storage area. He repeated the request would be to change the stipulation requiring a wood screening fence to a chain link security fence. MOTION by Councilman Breider to approve the request for the modification of the original stipulations of the Special Use Permit to a]1ow the instaliation of a chain link fence for security purposes at Frank's Nursery. Seconded by Councilman Utter. Upon a voice vote, all voting aye, �layor Liebl declared the �tion carried unanimously. FOR A SPECIAL USE PERMIT SP. #74-16, BY REYNOLD E. SWANSON: PER FRIDLEY f_ SECTION 205.101. 3. N. TO PERMIT THE EXTENSION OF THE PRESENT SPECIAL R' S �� The Public Works Director said the Planning Commission had recommended approval of the extension of the special use permit with several stipulations as listed on pages 7-K through 7-L of the agenda booklet. MOTION by Councilman Starwalt to concur with the recommendation of the Planning Comnission and grant the Special Use Permit for five years for the Mobile Home Facility as requested by Reynold Swanson with the stipulations recommended by the Planning Commission. Seconded by Councilman Breider. Upon a voice vote; all voting aye, t•1ayor Liebl declared the motion carried unanimously. i�OTION by Councilman Utter to receive the minutes of the Planning Commission Meeting of December 4, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER 25, Councilman Utter said before the Council receive the minutes there is an item he would �` Y ' , � L� � REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 5 —,T—� 215 � like to discuss. He referred to the consideration of the elimination of the ice at Ed Wilmes Park and said there were several people in the audience concerned about this decision. lie said before the meeting of the Parks and Recreation Commission adjourned, a motion was made to drop the ice skating areas at Ed Wilmes Park and Plymouth. He said the people of the area are concerned about loosing this rink, and it was just the last year when they were able to get one in there. He said he had talked to many people in the area about this he had also talked to the City Manager. He thought the only thing that could be done is find the money someplace for this ice maintenance. He said when thepeople had called him concerning the continuance of the skating rink, he had directed the calls to Councilman Nee. � f40TI0N by Councilman Breider to ask the Administration to leave Ed Wilmes Park in the plans for an ice skating rink and maintenance for this winter season. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � Councilman Utter said he would also like to comment on the matter of the girls broom- ball activities. He mentioned that the members of the Council had worked hard to obtain ice facilities and hockey rinks for Fridley. He said originally, the rinks were provided for boys playing hockey. He continued stating the girls have only one rink, ' Flanery. Councilman Utter said according to th� minutes of the Parks and Recreation Comnission, the girls had requested the use of another facility, Rice Creek School. Also, in the minutes it is stated by some that the girls wanted a warming house. He continued to explain that when the girls are playing broomball, they seldo�n need the ' use of the warming house. He said another claim is that if the ice is used for broom- uall, this would allow for the straw from the brooms getting on the rink. i.ouncilman Uttter disagreed with this stating, the girls are required to use the best possible equipment and this was not possible. i,ouncilman Utter explained that the participation '. in the hockey association is equal in number to what it had been in years past, but the number participating in hockey had decreased and broomball enrollement had increased. Councilman Utter said he believed the girls are entitled to as much as the boys. He stated, he thought the City should provide another facility for the girls broomball. , r ' , ' lJ � ' ' MOTION by Councilman Nee to instruct the Administration to find one more sheet of ice for the use of the girls broomball teams. Seconded by Councilman Utter. Upon a Voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Parks and Recreation Commission meeting of November 25, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF NOVEMBER 19, 1974: MOTION by Councilman Utter to receive the minutes of the Citizen Bikeway Comnittee meeting of November 19, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF DECEMBER 4, 1974: MOTION by Councimlan Utter to receive the minutes of the Citizen Bikeway Committee meeting of December 4, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT P. S. #74-02, GRACE HIGH SCHOOL ADDITION, GENERALLY KNOWN AS THE GRACE HIGH SCHOOL PROPERTY SOUTH OF GARDENA VENUE N. E.: AND CONSIDERATION OF APPROVAL OF AGREEMENT BETWEEN CITY OF FRIDLEY AND GRACE HI6H SCHOOL FOR SE OF PROPERTY: The Public Works Director pointed out that the Planning Commission had recommended approval of the plat with a number of stipulations. Fle said Grace High Sc�iool agreed with the first three stipulations, but do not fully agree with the fourth stipulation. He continued-to explain the disagreement being that the High School would like to enter into a five year agreement. He said at the present time, the City and High School: are working on a month to month basis. He said the proposal and agreement would be cancelled upon notice from either party in the agreement at any point in time. He said another consideration would be that the City would like.to use the Grace High School Tennis courts for tournaments. The Public Works Director said he felt the agreement should be a longer period of time with the clause for renegotiations and extensions in time periods. —� i�. 216 i � i I___. REGULAR COUNCIL MEETING OF OECEMBER 16, 1974 PAGE 6 Councilman Utter said he believed 6race High School should pay the required amount for the park fee. He recalled that P4iller, 0'6annon and Pine Tree Builders had all met this requirement. F�e said they did not have the chance of ineeting the requirements or offering facilities. Councilman Utter said he could not buy the agreement proposal. He continued to state that if he would have come in with a proposal to plat 14 lots, he would have to pay the park fee. He said this should be a permanent thing, not a month, five year, or ten year plan. He stated he believed the City should receive the money or some land to compensate for the park fee. The Public Works Director said at the present time, Grace High School is not in a position to compensate by giving land. He added, this is why the City had negotiated for the use of the facilities. Mayor Liebl said he would like to see the new Council work out the agreement with Grace High School. He mentioned they had worked hard on the plat and the City would have to be consistant and be practical for the City and the property owner. hie also said the Counci7 would have to be fair to the other people who had platted property in the City. The Public Works Director said he had been talking to the Grace High School representatives and they believed this was the most they could propose at the time. Mr. Gnerre agreed saying they were proposing their final agreement. Mr. Gnerre said it had been the Planning Commission recommendation that the agreement be reached for the use of the facilities in lieu of the park fee. The City Attorney said the agreement would be contingent on both parties being in agreement. F!e commented this was a five year proposal and after this, both parties could get together on renewing it. Councilman Breider asked if there would be anyway that this could be more affirmative. Mr. Gnerre said he did not know of a way that the present school board could do the contracting for the future school boards. The Public Works Director said the second part of the agreement with some question. is the fifth stipulation. Mr. Sobiech said the agreement proposed a five foot sidewalk easement east of Matterhorn Drive, south of Gardena Avenue and west of Arthur Street. The Public Works Director continued to explain that the Bikeway/ walkway Committee had come up with a preliminary route selection and this did not coincide with the suggestions. He said they had suggested a route on Matterhorn Drive, not on the east of Matterhorn Drive, but on the west of Matterhorn Drive. He said he doubted if there would be a need for the installation of sidewalks on both sides of the street. The Public Works Director commented that there would not be a need for dedication of a sidewalk easement on Arthur Street because the roadway is 31 feet wide and the easement there is 60 feet, there would be no need for additional right of way. Mr. Sobiech said he wouid agree with the easement on the west side of Matterhorn Drive. Councilman Starwalt said he would be reluctant to approve the plat and negotiate the agreement after this. He said if Grace High School would agree to pay the fee of $300 per lot first, this would be satisfactory with him. He said he would like the answers to more of the questions first. MOTION by Councilman Starwalt to approve the final plat as requested by Grace High School for the property south of Gardena Avenue N. E., concurring with the first three stipulations as recommended b.y the Planning Commission, and contingent on agreement being reached on the fourth stipulation which was revised to require payment of the $4,200 park fee or, as an alternative, iiegotiate an agreement for use of recreational facilities at Grace High School in lieu of the park fee, and amending stipuTation number five to state that a five foot sidewalk be provided on the west side of Matterhorn Drive and the south side of Gardena Avenue (deleting requirement for easement on Arthur Street) and that the assessments for the sidewalk be taken care of according to City policy. Seconded by Councilman Breider. The Attorney representing Grace High School addressed the Council and said it is his understanding that if the $4,200 park fee is paid, there will be no other conditions for the park requirement. lie stated that the stipulation for the sidewalk was in line with what they had suggested in their letter to the City. Fie commented that the requirement to pay the $4,200 park fee with the option of ' --__ _--_ ___----- _ ____ ___ _ ------j �� 7 , REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 7 � ;. ' ' leaving this amount open for negotiations on an agreement would be fine. Fie further : stated that if some agreement is not reached in a reasonable amount of time, they wou�d pay the $4,200 park fee. He said at this time the plat wou7d be approved. The Attorney continued to state that Grace accepted the first three stipulations as recommended by the Planning Commission, they were fine. It had been on numbers four and five where there was some questions. � The Attorney for Grace High School questioned how the cost of the installation of the sidewalk would be levied. �le explained that in their letter to City they had requested that this assessment not be paid by Grace. Councilman Starwalt said he thought the sidewalk being on the residential side of the street would be assessed to,the home ' owners. The City Manager informed the Council that Matterhorn Drive and Gardena Avenue were both State Aid Roads and the normal policy for this situation would be that the residential home owners would pay a normal rate for a residential street � and the added assessments wouid be taken care of by other funds. ' Mr. 1•lervin Herrmann, City Assessor, explained this would be the case in the residential areas. He questioned if this policy would apply for the other portion of sidewalk. Mayor Liebl said St. ;lilliams was assessed for sidewaiks. He said he thought this : policy was only followed in residential areas. Mr. �lerrmann said this was correct. ' Counci7man 'tarwalt sai� the City would have to take action consistant with the policy. G1r. Herrmann said the lots on the residential portion of the'roadway would not be assessed for sidewalk, but on the south side of Gardena, Grace High School will be assessed. ' ' , ' UPON A ROLL CALL VOTE, �-1ayor Liebl voting aye, Councilman Utter voting nay, Councilman Nee w ting aye, Counciiman Breider voting aye, and Councilman Starwa7t voting aye, ��layor Liebl declared the motion carried four ayes and one nay. RESOLUTION N0. 130-1974 - APPROVING EXCHANGE OF PROPERTY FOR PARK PURPOSES: AND CONSIDERATION OF APPROVAL OF AGREEMENT WITH DAVID 0. EiARRIS AND JANICE M. HARRIS FOR EXCHANGE OF PROPERTY IN HARRIS LAKE ESTATES FOR PARK PURPOSES: The Public Works Director pointed out that item number five (Consideration of First Reading of an Ordinance Relating to the Sale of Real Estate Owned by the City) was to be discussed in conjunction with this iiem. The Public Warks Director referred the Council's attention to page 12 of the � agenda and pointed out Lots 10 through 15 which had oriainally been needed by the City for ponding purposes. He said it is now recorrmnended that Lots 12 through 75 be traded to Mr. Harris for Lots 1 and 2, Block 1, Narris Lake Estates. He said this would allow for the installation of a larger park on the south of Mississippi Street. he said his recommendation would be that the Council approve the first ' reading of the ordinance authorizing the sale of Lots 10 and 11, Block 6, Oak Grove Addition at this time also. He also recommended the adoption of the resolution to trade the properties. He said the City's acquisition of Lots 1 and 2, Block 1, j Harris Lake Estates would increase the size of the park in this area. L�' ' . � � , � The City Attorney said if the Council takes action to adopt the resolution which would authorize the trade of property, the ordinance for the sale of property should be changed to read, "Lots 10 through 15, 61ock 1, Oak Grove Addition." He added the reason for this amendment would be that the City would be selling ail of the Tots even if the sale of Lots 12 through 15 would be by trade. Councilman Starwalt recalled that in the original discussions on the plat of Harris Lake Estates, that the property owner to the east of Lots 1 and 2, BTock 1, Narris Lake Estates did not want the park property to abut their property. He mentioned that there had been some agreement in this area, and thought this could be worked out. Mr. David Harris addressed the Council and explained that this was ihe Gonsior property and his original negotiations with these people brought about the people indicating they would rather have a residential structure or a house next to their home. fie explained their fear to be that someone would drown in the pond. He said this area was shown as residential area on the preliminary plat because of the Gonsiors' wishes. Mr. Harris said Councilman Utter had expressed the desire to enlarge the park and this is the reason for the current proposal. Councilman Starwalt said he was in agreement with the proposal for the trade of � — --- ---� --_ _-- — - - _ - _. --- __.._ . ,--- _ _--.T _ _-- — -- ------_ _ — - ----_ __.._ __ __ _ ____., 218 ' ; REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 8 ' properties and enlargement of the park. Councilman Starwalt questioned if this was equal area in trade. Mr. klarris said the area of the land would be approximately equal, but not in value. Mr. Harris said according to appraisals he had received, the lots on the lake would have a higher value because of the view of the lake. He also stated that the lots in Oak Grove Addition are surrounded by older homes and this would be another factor in considering the value equality. Mr. Dennis Schneider asked what the current value is of the lots in Harris Lake Estates compared to those on Fridley Street. The Public Works Director said he had worked with the City Assessor on this and the figures for the value of the lots had come out very close. �1r. Herrmann agreed and stated they were very close. i�irs. Lee Ann Sporre, 301 Ironton, questioned who had the lots filled. The Public Works Director said these lots were filled by being used as a disposal site for the construction of the street improvement on Mississippi. Mrs. Sporre said then, the City filled them. The Public Works Director said the contractor filled them. Ele explained it is up to the contractor to dispose of the excess fill and if a site can be designated by the City for the disposal of this fill in the immediate area, this Tessens the cost of disposa} by saving time and traveling expense for the contractor. He said this would mean a savings of money on the street improvE•ent projec t and saving on the contractor's expenses. MOTION by Councilman Starwalt to waive the reading of the ordinance and adopt the ordinance on first reading changing the wording to "Lots 10 through 15, Block 6, Oak Grove Addition". Seconded by Councilman Utter. Upon a roll call vote, i.ouncilman Utter voting aye, Councilman Nee voting ays, Councilman Breider voting aye, Cauneilman Starwalt voting aye, and Mayor Liebl voting aye, tlayor Liebl declared the motion carried and the first reading adopted. h10TI0N by Councilman Starwait to adopt Resolution No. 130-1974 appproving exehange of property for park purposes and also approving the�agreement with David 0. Harris and Janice M. Harris for exchange of property in Harris Lake Estates for Park purposes. Seconded by Councilman Utter. Upon a voice vote, all voting aye, �iayor Liebl declared the motion carried unanimously. Councilman Nee questioned if the Administration would like some instruction on how to sell the lots. The City Manager said he would obtain a professional appraisal and this would amount to a cost of approximately $250. Councilman Nee asked to have this item brought back to the Council before any final action is taken on the sale. RESOLUTION N0. 131-1974 - r;UTHORIZING PARTICIPATION IN THE SUBURBAN RATE AUTHORITY; DIRfCTING THE EXECUTION AND DELIVERY Of A JOINT POWERS AGREEMENT; AND DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER OF Tf1E BOARD OF THE SUBURBAN RATE AUTHORITY: ;�lOTION by Councilman Utter to adopt Resolution No. 131-1974 authorizing participation in the Suburban Rate Authority and Directing the Execution and delivery of a Joint Powers Agreement and Designating Councilman Starwalt as Representative of the City as its member on the Board of the Suburban Rate Authority. Seconded by Councilman Sreider. Upon a voice vote, all voting aye, i•layor Liebl declared the motion carried unanimously. RESOLUTION N0. 132-1974 - AUTHORIZING A DEFERRED COMPENSATION PLAN FOR THE CITY OF FRIDLEY: Cauncilman Breider said as he read the information, it had been determined that there would be no cost to the City, but tliis is not mentioned in the Resolution. P10TION by Councilman Breider to amend the Resolution by inserting "WHEREAS, It does not require any monetary contribution from the City, and". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �iayor Liebl declared the motion carried unanimously. F10TION by Councilman Breider to adopt Resolution 132-1974 as amended authorizing a deferred compensation plan for the City of Fridley. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' I �� ' �I � - ---- -� 219 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 9 RESOLUTION N0. 133-1974 - STATING INTENT TO PARTICIPATE IN COOPERATIVE COMMUNITY DEVELOPMENT FUNDING: • Counci]man Breider said he would like an Administration explanation on this item. The City Manager said under a new federal law, there would be some funding available for communities with populaiions below 50,000. He said the chances of obtaining this funding are very remote since there is only one and a half million dollars available for the metropolitan area. Ne said the proposal would be to form a joint ad hoc conmittee for planning the use at some level, services, and priorities. He said if the City were to improve their rating under policy #31, they could obtain funds directly. He said there would be no committment to an indefinite period of time with the adoption of the resolution and agreements. Ne said this would only approve the letter of intent. MOTION by Councilman Nee to amend the Resolution with the deletion of, "(official, � manager, or department)" and insertion of, "the City Manager, Nasim Qureshi, or his agent". Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' MOTION by :ouncilman Nee to adopt Resolution No. 133-1974 participate in cooperative Community Development Funding. Breider. Upon a voice vote, all voting aye,��layor Liebl unanimously. III � as amended, stating intent to Seconded by Councilman declared the motion carried RESOLUTION N0. 134-1974 - ORDERING PERLIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1976-4: Counci7man Nee asked if the public hearing notices would be sent out to the people , with the total cost of the project noted at one million dollars. The City Manager explained that it is the poiicy of the City to put the total amount of the project on the pub7ic hearing notices even when there would be federal funds and other funds aiding in the payment of the project. � ' �J ' ' � ' ' Councilman Breider said he believed that approx�mately $200,000 would be the City's share of the funding of the project. The City Manager explained that the normal rate for assessment for residential streets wou]d be assessed to the benefited property owners. He said the report would be presented to the Council. He added, the Feder.al contribution to the project would be one million, the County would fund one haif a miilion dollars. He said there would be just a small portion of the cost assessed to the property owners. He said the railroad would also be paying a substantial portion of the assessments. The City Manager said the Council can authorize agreement with the County after the public hearing. P40TION by Councilman Nee to adopt Resolution No. 134-1974 ordering perliminary plans, specifications and estimates of the costs thereof, Street Improvement Project ST. 1976-4. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ION N0. 135-1974 - 2ECEIVING THE RT AND CALLING A MOTION by Councilman Utter to adopt Resoiution No. 135-1974 receiving the preliminary report and calling a pub]ic hearing on the matter of the construction of certain improvements, Street Improvement Project ST. 1976-4. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �•(ayor Liebl deciared the motion carried unanimously. RESOLUTION N0. 136-1974 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 1800, SECTION 3: MOTION by Councilman Utter to adopt Resolution No. 136-1974, authorizing and directing the splitting of special assessments on Parcel 1800, Section 3. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motian carried unanimously. RESOLUTION N0. 137-]974 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 4 AND 5, BLOCK 8, HAMILTON'S ADDITION TO MECHANICSVILLE: ��OTION by Councilman Utter to adopt Resolution No. 137-1974 authorizing and directing the combining of special assessments on Lots 4 and 5, Block 8, Hamilton's Addition to ��—� f______ �._ -_ .__---- � 22(1 REGULAR COUNCIL MEETING OF UECEMBER 16, 1974 PAGE 10 Mechanicsville. Seconded by Counci7man Starwalt. Upon a voic e vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION N0, 138-1974 - AUTHORIZING THE CHANGING OF BUDGET APPROPRIATIONS WITHIN THE GENERAL FUND: h107I0N by Councilman Nee to adopt Resolution No. 138-1974, authorizing the changing of budget appropriations within the General Fund. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDE3ATION OF AUTHORIZING ACCEPTANCE OF NGN-IJAIVER AGREEMENT AND RESERVATION OF RIGHTS DAILEY HOMES VS CITY OF FRIDLEY : The City Attorney said the letter in the agenda had been received from the carrier of the City's liability coverage and states that they had received a summons and complaint on this file. Ple said the letter states since the insurance company does not know all of the facts, they are not in a position to determine if the allegations are within the terms of the insurance policy. He continued to explain that the company would defend the City and let them know the facts as the trial progresses. ++e said at this time it ;•�ill be determined if the City is fully covered, partially covered, or not covered at all. He pointed out in the letter in the agenda that they had requested him to sign the letter after he had received the City's authority to sign it. Ne explained that he believed this would need Council authorization. Councilman Breider questioned what the City was being sued for. The City Attorney explained that Dailey Homes; Inc. owns the property adjacent to the pond of Harris Lake Estates. Mr. Herrick said Dailey Nomes are claiming by reducing the level of the pond in Fridley this reduced the water in New Brighton. The City Attorney said the minutes of the City Council meetngs will indicate that he had raised this question at the time development was proposed. ile said at that time, he was told that the Fridley and New Brighton Engineering Staffs were talking about this being a joint project. He stated, Fridley decided to go ahead with the project and New Brighton decided against it. The City Attorney said he did not believe the amount of•the damages would be too much. iie said the Insurance Company would answer and he needed Council author- ization to sign the Reservation of Rights. MOTION by Councilman Nee to authorize the City Attorney to sign the Non-Waiver Agree- ment and Reservation of Rights. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 38105 - 38274 LIQtfOR 9408 - 9452 MOTION by Councilman Utter to approve the claims. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF FIRE DEPARTMENT PAYROLL, JUNE 16, 1974 THROUGH DECEMBER 10, 1974: MOTION by Councilman Nee to approve the Fire Department Payroll from June 16, 1974 through December 10, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: CHRISTMAS TREE LOT 7699 Viron Road Fridley CIGARETTE Menard Cashway Lumber 5351 Central Avenue FOOD ESTABLISHMENT Pienard Cashway Lumber 5351 Central Avenue BY Sherman Hanson Menard, Inc. Menard, Inc. APPROVED BY Deputy Fire Chief FEE $125.00 ($100 deposit) Public Safety Dir. $12.00 Health Inspector $10.40 Pro-rated � REGULAR COUNCIL MEETING OF OECEMBER 16, 1974 SOLICITOR BY Grarariums One World Crusade ' Unification Church Dennis Conrad AAPROVED BY Public Safety Dir. ��t PA6E 11 FEE Non-profit MULTIPLE DWELLING ADDRESS UNITS FEE APPROVED BY James J. Parnon 361 74th Ave. ��. E. 8 $15 R. D. Aldrich 1675 Grand Avenue St. Paul, Mn. 55105 Eugene E. lashinski 4030 Main Street N. E. 4 $15 R. D. Aldrich 1035 Polk Place N. E:. Elliot V. Benincasa 6051 53-55 3rd St. N. E. 3 $15 R. D. Aldrich 6063 3rd St. N. E. MOTION by Councilman Breider to approve the licenses. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl c.•�lared the motion carried unanimously. ESTIMATES: Peter Lametti Construction 615 Drake Street St. Paul, ;4innesota 55102 PARTIAL ESTIMATE N0. 3 for Sanitary Sewer Improvement No. 113 (Central Avenue Relief Sewer) $ 900.00 Comstock & Davis, Inc. � 1446 County Road "J" Minneapolis, Minnesota 55432 . For furnishing resident inspection and resident supervision _ for staking out the following construction work PARTIAL #3 for Sanitary Sewer Improvement Project No. 113 from November 4 through November 30, 1974 669.8T PARTIAL #6 For Sanitary Sewer & Water Improvement Project No. li5 from November 4 through November 30, 1974 456.63 PARTIAL #11 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from November 4 through November 30, 1974 200.68 Carl J. Newquist, City Prosecutor Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor for November 1,345.00 Virgil Nerrick, City Attorney Weaver, Ta11e & Herrick 31b East Main Street Anoka, Minnesota 55303 For legal services rendered during November, 1974 1,110.OQ MOTION by Councilman Utter to approve the Estimates. Seconded by Councilman Nee. Upon a voice vote, all voting aye, 61ayor Liebl declared the motion carried unanimously. COMMUNICATIONS: CITY ATTORNEY, VIRGIL HERRICK: OEDICATION OF PARK LAND IN INNSBRUCK NORTN: MOTION by Councilman Utter to receive the communication from the City Attorney concerning the dedication of park land in Innsbruck North and dated November 21, 1974. Seconded � ___`� 222. REGULAR COUNCIL MEETING OF bECEMBER 16, 1974 PAGE 12 by Councilman Breider. ` The City Attorney explained that there had been a number of letters exchanged concerning this dedication of park land in Innsbruck North. He said the letter in the agenda was i written by himself to Mr. Billman and it pointed out that he had an obligation to dedicate '� the land to the City regardless of any agreement with the Darrel Farr Corporation. The � City Attorney continued to explain that in a telephone conversation with Mr. Qillman, , iie pointed out that Farr is delinquent in the payment of $15,000 and they had come to an agreement that this be Qaid by the month in the amount of $1,000 per month for 15 months. The City Attorney said it was his feeling that it is Mr. Billman's obligation to deed the land to the City and he felt this should be brought to the Council's attention.� UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Attorney further advised the Cauncil that the agreement has been recorded with the property, but the City's position would be stronger if they did have the deed to the property. The City Attorney said the City is in a good position at the present time, but if the Council wished to have him ask for the deed, they should advise him of this. MOTION by Councilman Starwalt to authorize the City Attorney to ask for the deed for the land which was to be dedicated to the City by Mr. Sillman by agre�ment for Innsbruck North. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Ciebl declared the motion carried unanimously. THANK YOU TO CITY fMPL0YEE5 FOR PAST YEAR'S WORK AND GREETINGS FOR THE HOLIDAYSi P�ayor Liebl said ht thought it would be in order to offer a motion thanking the City Employees for their work of the past year. He said he would also like to wish the City Employees a Merry Christmas and a Happy New Year. MOTIDN by Gouncilman Nee to thank the City Employees for the past year's work and wish them a Merry Christmas and a Happy New Year. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �tEgUEST FOR LEGAL OPINION CONCERNING CHALLENGE OF RANKING IN POLICE DEPARTMENT: Councilman Nee said he had received a call from one of the Police Commissioners x, that evening and he would like to speak to the point of ranking in the Police Department. He said there is no challenge concerning the abolishment of the position, but there is a challenge on the ranking. Councilman Nee said in his conversation with the Police ; Commissioner, he was advised that the Police Comission would like an opinion on this ,: question from the Attorney General. � The City Attorney said he had done some research on whether the City can abolish a position for economical reasons. He said perhaps, he had mininterpreted the letter ' from the Police Commission. F�e said his opinion was that this position could be � abolished without a hearing. The City Attorney said he had tried to coniact Mr. Warren Spanus that day, but was unable to reach him. He said there was an old Attorney General's opinion that the position could be abolished without a hearing and also �" a Supreme Court decision that also said this could be done. The City Attorney said he � was confident on this point. � The City Attorney said whether or not the Council should obtain an opinion from the Attorney General on the point in question would be up to the Council to decide. Councilman Nee said Mr. Wilbur Whitmore, Police Commissioner, had explained the question to be, if the position is abolished, does this just abolish the person's title, and is the employee entitled to a job at the next lower ranking position. Councilman Nee stressed, the Comnissioner wanted an Attorney General's opinion. The City Attorney said he had not researched this point. MOTION by Counci7man Nee to direct the City Attorney to research and prepare a legal opinion on the question of ranking in the abolishment of a position. Seconded by Councilman Breider. Upon a voice vo+.e, all voting aye, Mayor Liebl declared the motion carried unanimously. 1 ` �----------- _ --------- -- — -----_-- -_---- - ____ _ --- _ -- _ ___—_�__. ._-- r �G`l REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 13 ADJOURNMENT: ' MOTION by Councilman Utter to adjourn the meeting. Seconded by Counci]man Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously and the Re9ular Meeting of the Fridley City Council of Deeember 16, 1974 adjourned at 10:40 P.M. Respectfully submitted, �y� �Qyw�-�'',,`� Pat Ranstrom Frank G. Liebl Secretary to the City Council Mayor Date Approved � I i � �- ------- _____ _--- __ _ _ _, ._._ _ __ _. ----_.� , FRIDLEY CITY COUNCIL MEETING fLEASE SIGN NAME ADDRESS AND ITEM NUMQER INTERESTED IN DATE: ,�,Q�f,.,.,.,��p�l��,/y%y �� •/? � - AME ADDRESS � ITEM NUMBER ----------------------------------------------------------------------------------------------- - ------------------�--------------------------------� ------------------------ ----------- � � � --- � �, , � `� � ��r- � �l �C� �;�:-,�� 6 /< e: ��` �^''� � �j J ,1 r-�.v.. �f / '��'f�/�• %�. /��/�% /�.��^ L" ��,i. ('. 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I � I I I ' I I � � � � � ' i i � I I � ' � � � ' I ` I i � � , � 193 THE MI�'UTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 2, 1974 The Regular Meeting of the Fridley City Council of December 2, 1974 was called to order at 7:30 P.i•1, by Mayor pro tem Utter. PLEOGE OF ALLEGIANCE: hiayor pro tem Utter led the Council and the audience irr saying the Pledge of Allegiance to the Flag. INVOCATION: The invocation was offered by Mayor pro tem Utter. ROLL CALL: MEMBERS PRESENT: Councilman Utter, Counci7man Nee, Councilman Breider, and Counci7man Starwalt. MEMBERS ABSENT: Mayor Liebl APPROVAL OF MINUTES: REGULNR COUNCIL MEETING OF NOVEMBER 18, 1974: MOTION by Councilman Breider to adopt the Minutes of the Regular Meeting of the • Fridley City Council of November 18, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. ADOPTION OF AGENDA: Councilman Breider said he would like to add a resolution that had been submitted by the Administration to consider on the grade of the Mississippi Street Underpass. Councilman Breider said there had also been two liquor license appiications submitted and he would like to add this to the item, number 78, in which the consideration of establishing policies for the issuance of such licenses would be considered. MOTION by Councilman Breider to adopt the Agenda as amended with the addition of the previously mentioned items. Seconded by Councilman Nee. Upon a voice vote, all voting aye, (�ayor pro tem Utter declared the motion carried unanimously. VISITORS: MR. WYMAN SMITH, REPRESENTING BOB SCHROER IN APPLICATION Of LIQUOR LICENSE: F1r. Smith addressed the Council and questioned how Tong it wouTd be before the consideration of the liquor licenses would be discussed at the current meeting. Mayor pro tem Utter advised Mr. Smith that this item would be taken care of in about an hour. OLD BUSINESS: CONSIDERATION OF A VARIANCE TO REDUCE MINIMUM LOT AREA. BY NORTH METRO CONSTRUCTION. The Public Works Director, i4r. Richard Sobiech, addressed the Council and gave a brief summary of the events ieading to this item. He explained that the decision had been tabled until the property owners adjacent to this parcel and the applicant had reached some agreement. Councilman Nee said the applicant had called him earlier that evening and asked that this item be tabled. MOTION by Councilman Nee to table the request for a variance for 200 Ely Street until December 9, 1974. Seconded by Councilman Breider. Upon a vaice vote, all voting aye, Mayor pro tem Utter declared the motion carried. i� � � � 194 �� ''� REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 ORDINANCE N0. 575 - ABOLISHING THE OFFICE OF CHIEf OF POLICE: PAGE 2 MOTION by Councilman Breider to waive the second reading, adopt Ordinance No. 575 on second reading, and order publication. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider, Councilman Starwalt, Councilman Utter and Councilman Nee voting aye, t�layor pro tem Utter declared the motion carried unanimously. ION OF FIRST READING OF AN ORDINANCE FOR REZONI . i�IUHICH, TO REZGNE LOTS 1- 21 , N GTS 2i3 - nnnTTTnni Gvnni M_1 Tfl R_1• GFNFRA_ Y LOCATED 4 Councilman Breider asked if the lot owned by Mr. Benson had been removed from the proposed rezoning. The Public Works Director said this had been done. Mayor pro tem Utter questioned if one of the lots owned by Mr. Benson had already been zoned R-7. The Public Works Director said he owns Lots 36, 37, and 38. He explained that Lot 38 is zoned R-1. Councilman Breider asked who owned the remainder of the lots. He asked if the applicant owned them. The Public Works Director said the applicant did not own all of the lots, but the owners of these had submitted a petition saying they favored the rezoning. - MOTION by Councilman Nee that since all of the land proposed for rezoning to R-1 is being used as R-1, he would waive the first reading of the Ordinance, adopt the Ordinance on first reading. Seconded by Councilman Breider. The City Manager, Mr. i�asim Qureshi, mentioned that there is a proposed roadway in the area that had been designated State Aid and the money had been designated. He said he would like the Council to be aware of the overall proposal of the area before making a decision on the rezoning. He further explained this develop- ment would be done by the railroad if the City wants i� in the future. Mayor pro tem Utter questioned if it was true that 77th uvould be closed when 79th was opened. The City Manager said yes. He said he would like the Council to have all the facts. He said he thought this might have some effect on the area to be rezoned. UPON A ROLL CALL VOTE, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor pro tem Utter declared the motion carried. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV'#74-04, BY ��n�L� nvn��i��.,,�. . . The Public Works Director advised the Counci7 that there were no objections to the vacation of the easement. Councilman Breider said he had no objections to the vacation of the easement. MOTION by Counc�lman.Breider to waive the first reading of the Ordinance and adopt the Ordinance on first reading. Seconded by Council�an Starwalt, Upon a roll call vote, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Starw�lt voting aye, and Councilman Breider voting aye, i�layor pro tem declared the motion carried unanimously. CONSIDERATION OF A REQUEST r'OR APPROVAL TO TELEVISE FRIDLEY CITY COUNCIL MEETINGS �•vr nrniiccT nv �CAIGR61 TFi FvTernn�_ iNC_ OF FRIDLEY: Mayor pro tem Utter called on Mr. 'ierry Schuster of General Television to present the request. Mr. Schuster addressed the Council and said he had sent a letter of request to the Council. He said they were requesting approval of the request and would like to use the facilities to do some tests on lighting, etc. He said they did not intend to cause any inconvenience to the members of tne Council or audience. He added, he felt this was one of the functions of General Television and he again requested approval. i � ; i , i i � I ; i -- -----� � � � ` i ; , � ; i 1 195 � REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 3 Councilman Nee directed a question from the content of a letter submitted by the Council from the Administrative Assistant, Mr. Peter J. Herlofsky, the statement concerning commercial advertisements. The representative of General Te]evision said the advertisements would not be during the meeting and there would be no interruption of the meeting for the messages. He said there may be some messages preceeding and after the close of the meeting. He said the meetings would not be cut to insert the commercials. Councilman Nee questioned if the City would have to pay for this type af production. The representative said there would be no charge to the City. Councilman Starwalt asked what is being experienced across the Country with this type of telecasting of local Council meetings. A representative of General Television, the Program Director, Mr. Krebs, said this is being done in the City of Dubuque, Iowa, and this is done live. He continued saying this had been done for a period of three years and is quite successful. He said they are broadcast live every Monday evening and the Cable System signs off after the meeting. He pointed out that the Dubuque City Council had two meetings a month previously, and now they are meeting every week in a hope to solve some problem matters. He continued stating that the meetings are drawing steady watchers in Dubuque. He mentioned this is also being done in Brainard. Councilman Starwalt asked if this success was for the Company, the City or the citizens. The Representative said this is successful for the Company, but the ratings received by the meetings are in excess of some of the network shows. He said he also felt this was successful to the advertisers. He stressed it is successful for the community because the Council is reaching more peop7e in the community. He said all seem happy with the televising of the Council meetings. He offered to furnish names of references for the Council if they wished him to do this. Councilman Nee said he thought this to be a constructive request. MOTION by Councilman Breider to approve the request and ask General Television to get the tests going for the televising of the Council meetings. Councilman Breider said he thought this was a grand idea. He thought this to be one of the things they had discussed in the franchise and further stated he thought it possible for the community to see what the Council is doing. SECONDED BY Councilman Nee. Upon a voice vote, all voting aye, C�ayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES Of THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1974: The Public Works Director advised the CounciT that the items within the minutes did not need any action at the present time. MOTION by Councilman Nee to receive the minutes of the Planning Commission Meeting � of November 6, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 20, 1974: SPLIT R. PETERSON: SPLIT The Public Works Director explained that the Planning Commission had recorr�nended approval of the request. Ne continued to summarize the problems with the surveys presented. He said there is a need for the clarification of a utility easement and the latest survey did not reflect the Highway Department taking public easement for T. H. #47. Ne recor�nended the item be tabled until this is taken care of. Y MOTION by Councilman Nee to table the consideration for the Lot Split, L. S. #74-16. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. � � J �--� 196 REGULAR COUNCIL MEETING OF DECEt46ER 2, ]974 ION OF A PROPOSED PRELIMINARY PLAT, P. S. #74-06 ES. INC.: A REPLAT OF L T 3, AUDITOR S SUBDIVIS PAGE 4 I i � ER'S 1ST ADDITION, 6Y , 92, EXCEPT E � ST AVENUE N. E. BETWEEN BEN�NMIN SiKtti r+ivu I'11.f�11YLL1 �� The Public Works Director explained that this item had been tabled by the Planning Corrnnission and considered again on the November 20, 1974 meeting. He said the P1anning Commission had recommended approval with four stipulatibns and he read them to the Council. Mr. Sobiech said it would be in order for the Council to set a Public Hearing on the plat. Mr. Korin addressed the Council and said he was at the last Planning Commission meeting and he is coming to agreement with the applicant. He said this agreement included the drainage of the area. He explained the plan would take the drainage away from his property to McKinley Street. He also mentioned that the City should take care of the problems with the catch basin freezing. If this would freeze in the winter, the City should thaw it out. MOTION by Councilman Starwalt to set the Public Hearing on the Preliminary Plat for January 13, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission Meeting of November 20, 1974. Seconded by Councilman Breider. MOTION TO AMEND THE MOTION made by Councilman Breider to add to the motion that the Chairman of the Environmental Quality Commission be installed as exofficio member of the Planning Commission until the ordinance is changed. Seconded by Councilman Nee. Upon a voice vote on the amendment, all voting aye, i4ayor pro tem Utter declared the motion carried. UPON A VOICE VOTE, on the original motion, all voting aye, Mayor pro tem Utter declared the motion carried as amended. NG THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE MEET MRFR i1_ 19�4: OF A REQUEST TO CONSTRUCT A NEW BUILDING TO BE USED AS A WAREHOUSE _. ._-- -"-- —�_.�.. -.-..., ��.e rrnrr-r The Public Works Director said this was a proposal for a new building to be used as a warehouse on Lots ]6 and 17, Block 8, Onaway Addition or 7791 Elm Street. He pointed out that the Council should also approve the variances from the minutes of the Board of Appeals Meeting of November 12, 1974. The Public Works Director called the Council's attention to Page 8 of the agenda and the stipulations as recommended by the Subcommittee. He read the stipulations to the Council and audience. The Public Works Director passed out copies of the Minutes of the Board of Appeals Meeting oF November 12, 1974 to the Council and read the stipulations within their consideration to the Council. Mr. Sobiech pointed out on the plan on the easel the variances requested to be as follows: a variance in the side yard setback from a side street from 35 feet to 33 feet and also, a variance in the side yard setback from 20 feet to zero feet. He advised the Council that the Board of Appeals had recommended approval of the variances with some stipulations. Ne read the stipulations suggested. Councilman Breider mentioned he thought this Onaway area with the frontage available has come along way with development. lie suggested that it be noted by the devel- opers that they would have to meet the Codes when building in other areas. The Public Works Director agreed and said as a good example of this was the new building completed at 79th and Ranchers Road. MOTION by Councilman Breider to approve the variances requested for construction of the Warehouse by Paco Masonry for 7791 Elm Street with the st�pulations of the Subcommittee. Seconded by Councilman Starwalt. Upon a voice vote, all voting I �� I t ' REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 aye, Mayor pro tem Utter declared the motion carried. PAGE 5 , n� MOTION by Councilman Breider to approve the plans for construction of the warehouse , by Paco Masonry for 7791 Elm Street with the stipulations of the Subcommittee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, f�layor pro tem Utter declared the motion carried. � MOTION by Councilman Starwalt to receive the minutes of the Building Standards-Design Control Subcomnittee Meeting of November 21, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING Of NOVEMBER 13, 1974: MOTION by Councilman Nee to receive the minutes of the Citizen Bikeway Committee meeting of November 12, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, h1ayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF NOVEMBER 19, 1974: Councilman Nee said he wou7d like to discuss the minutes with respect to the Commission receiving the petition. He asked the City Attorney if he had read these minutes. The City Attorney said he had glanced at the minutes. Councilman Nee asked the City Attorney if he had giverr the Charter Commission a formal opinion to ignore the petition. The City Rttorney said he had some discussion with Mr. Sheridan, Chairman of the Cfiarter Commission, and he had suggested to Mr. Sheridan that the members of the Charter Commission and the people who had submitted the petititon should get together and come up with a recommendation to the Council. �le said in this manner, the question could be settled with an amendment and would not need a special election. '� Councilman Nee said he would like the City Attorney to prepare a formal opinion on the question at hand. He added, if the City Attorney's opinion is the same as indicated �- in the minutes of the Charter Commission meeting, he would like the question submitted ' to the Attorney General. MOTION by Councilman Nee to direct the City Attorney to perpare a formal written opinion � on the question raised and if the opinion is the same as that in the,minutes of the � Charter Commission, the City wouTd submit the question to the Attorney General. ' Seconded by Councilman Starwalt. � Councilman Starwalt asked if the City Attorney could submit the formal opinion to the City Council so they would know if this was to be submitted to the Attorney General or not. � Councilman Breider said he did not think the basic question of whether or not an. official should be elected or appointed would be too difficult to resolve. He stated , a petition had been submitted, now it must go through the legal channels. He said if it is not a valid petition, the Charter Commission should discuss the issue with the ,� petitioners. Councilman Breider said there were many signers on the petition and ' they are concerned about sor�ething and the Charter Commission should take a look at this. After this, he continued, it would have to go to the Council for a vote, and ; tfie Council could get an indication from the vote of the people in the fal] election. r ' Councilman Breider said he agreed with the first part of the motion, but not the ; second. � The City Attorney said he had no quarrel with sending the matier to the Attorney General, this would not hurt him professionally. He reiterated that the language of the Charter is not clear, there is no specific time limit for submitting the petition to the Council. f10TI0N by Gouncilman Breider to amend the motion dropping the portion where the opinion would be sought from the Attorney General, and only include that a formal opinion wou]d be sought from the City Attorney. 5econded by Councilman Starwalt. Upon a voice vote, Councilman Breider voting aye, i,ouncilman Starwalt voting aye, Couneilman Utter voting aye, and Counciiman Nee abstaining. Mayor pro tem Utter declared the motion carried, three in favor and one abstention. UPON A VOICE VOTE on the original motion as amended, all voting aye, Mayor pro tem Utter declared the motion carried. � 0 ' ' '� � I � � I� lyy REGULAR COUhCIL MEETING OF DECEMBER 2, i974 PAGE 7 Environmental Quality Commission prior to coming to the Council. He said the preliminary plan should go to the Comrnission. 1�10TION by Councilman Breider to approve the agreement between M& M Properties and the City of Fridley for Heather Hi11s 2nd Addition and proposed Heather Hills 3rd Addition and instruct the Administration to take the final storm sewer preliminary pian to the Environmental Qualii:y Commission before coming to the Council and to authorize the City Manager to sign the plat. Seconded by Councilman Siarwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. '. CONSIDERATION OF REAPPROVAL OF REGISTERED LAND SURVEY, P. S. #73-08, BY HARLAND BERRY PORTION OF LOCKE LAKE : The Pub7ic Works Director said this had been brought back for reapproval because the original approval had been over a period of 90 days and according to the City Code, if this is not registered in 90 days, it would require reapproval by Council action. The Public Works Director said the City had obtained five out of the six necessary easements, and he felt there would be no problem in obtaining the sixth. He said these easements would make it possible to maintain the lake bottom. hle pointed out that ihe original action on the iand survey had been November 12, 1973. Councilman Nee questioned why this survey had not been registered. The Public Works Director said there had been some question with the survey and getting it drawn up. f�1r. Berry addressed the Counci7 and said this was just being done within the last three weeks. P10TION by Couniclman Nee to reapprove Resolution No. 149-1973 which is reapproval of Registered Land Survey P. S. #`73-08, by Harland Berry. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CONSIDERATION OF CLASS �iCTION AND SETTLEMENT NOTICE ON LIQUOR ANTI-TRUST SUIT: The City Manager said the action of the Counci7 should be authorizing the Administration to write a letter in agreement to the proposed settlement. The City Attorney said the settlement had been negotiated by the Attorneys and it would still need court approval. He questioned if this would have some effect on the store pricing. He continued to comment, that within the settlement there is a cash settlement offered for the purposes of providing a watch dog for this period of time. MOTION by Councilman Starwalt to concur with the recommendation of the Administration and iake Rdministrative cognizance and authorize action to pursue the settlement to enable the City to get its portion. Seconded by Councilman Nee. Upon a voice vote, atl voting aye, Mayor pro tem Utter dec7ared the motion carried. CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS-DESIGN CONTROL COMMIT7EE: MOTION by Councilman Nee to table the consideration of the appointment to tiie Building Standards-Design Control Committee until the next meeting of the CounciT. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CLAIMS: GENERAL 37969 - 38104 lIQUOR 9375 - 9407 MOTION by Councilman Breider to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. LICENSES: GENERAL CONTRACTORS BY APPROVED BY McCall & Company David McCal] C. Belisle 5435 Lyndale Avenue South Minneapolis, Minn. 55419 I � �' � [1�� REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 RoMar Builders, Inc. Route #6 Anoka, Minnesota 55303 Roger Rodofs j i � PAGE 8 ; � � , � C. Belisle ! MOTION by Councilman Breider to approve the licenses. Seconded by Councilman Nee. j Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. ESTIMATES: H & S Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 FINAL Estimate #5 for Street Improvement Project ST. 1974-1 and Street Improvement Project ST. 1974-2 FINAL ST. 1974-1 FINAL ST. 1974-2 $ 38,587.69 $ 9,623.98 MOTION by Councilman Nee to approve and pay the estimates. Seconded by Councilman Sreider. Upon a voice vote; all voting aye, (�layor pro tem Utter declared the motion carried. CONSIDERATION OF ESTABLISHING SOME GUIDELINES FOR ISSUING LIQUOR LICENSES: AND SETTING PUBLIC HEARING ON LIQUOR LICENSE APPLICATIONS FROM FRONTIER CLUB AND BOB SCHROER: Councilman Breider said the City had received an application for a liquor license in the First Ward. He said Mr. Wyman Sm9th, Flttorney, was present to represent the applicant, Mr. Bob Schroer. Mr. Smith advised the Council that Mr. Schroer is in thz process of obtaining an architect's plan and design for the construction of a new building which would be locatedr�orth of his present business (Bob's Produce Ranch). He said this application , is different from the others being processed in that he would have to start from ! scratch in financing and construction of the facility. i•ir. Smith said some preliminary I` work had been done and Mr. Schroer and his wife were intending to set up a corporation � with the two of them being the sole stock holders in the corporation. He referred � to the requirements of the issuance of such a liquor license stating there would have � to be a public hearing. He said a7ong with this requirement, the people who dispense would a7so have to obtain a license and wou7d need approval, but this would not require a public hearing. Mr. Smith suggested the Counci7 take actiorion preliminary approval of the license contingent on the applicant meeting all of ihe necessary requirements. He said this would allow Mr. Schroer to continue to make the necessary arrangements for design ' finances, etc. Mr. Smith said Mr. Schroer did have some preliminary drawings, but they were very perliminary. He hoped to have everything in order by the time the Pub7ic Hearing was held and have such information in hand. He thought this could be accompli&hed within a week. Councilman Breider said when the people voted for the additional licenses, they wanted to have fine places in the City of Fridley. Ne said the Council would have to consider each request individually. He thought the discussions and decisions to issue licenses in the past had turned out well, the people who have licenses are very involved in the community. �He said they also run good operatians which are not a problem to the City. „ i Councilman Breider commented that personally, he was very pleased to be notified � that there was an application from Mr. Schroer, ne is very active in the community. � ' Councilman Breider believed Mr. Schroer is very cooperative in working with the � i City and the Co�unity. He mentioned the decisions to be made in the future and ; the poTicies to be followed and felt this would be difficult. Ne questioned the ' possibility of increasing the physical aspects and requirements. . i ` �--- . _. _ _._ _. _ _.. _ ___ _ _ _..._._ __._ _ _ __ . - ---- __ _--- - --- - _.__. _- ----.__; ____. _ _ _ _ . _ _ _ . __ ___. ____---- ___ __ _ --- -_____. ________�._-_--, _ , . �n� ' I � REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 9 � � I i The City Manager said the City had bean initially very limited in the number of ' licenses it had to offer and it was forced to be very selective. The City ! Manager said the City does have some good businesses at the present time. He pointed out that now, they had substantially increased the number of licenses that �. could be issued. He said if the Council so desires, they could issue all of the � available licenses, but they would have to have some criteria to judge in this process. 4 The Public Works Director said there would not be any problems with the new construction, but there wou7d have to be some policies set for the existing structures. He said the buildings under the existing Code would not be adequate. He pointed out as an example that the Code calis for one parking stall for each four seating places ; in the building. Ne said maybe this should be one out of two� or broken down in a different way. The Public Works Director said there would also be problems with the sprinkling systems, the existing Codes do not require the installation of a sprinkling systems. He thought this should be stipulated and made a part of the requirements for the ]iquor ]icenses. He said fires do occur in this type of facility and they are also subject to arson. The City Attorney said he would check with the League and see if they have any infor- mation on this type of criteria. He thought rather than use the criteria of a dollar value, the City should investigate the possibility of using a policy based on seating capacity. Councilman Nee said he shared the pleasure mentiened by Councilman Breider over the decision of Mr. Schroer to construct such a faci7ity. He thought the discussion on the criteria should be spread out and considered by more than the five members of the Council. He suggested having the Planning Commission review the possibilities in the creation of the criteria. He said �is may take from one to two months. He asked if this would cause any big problems with anybody. He said he thought the plans that Mr. Schroer had would be a credit, but there would be others applying and he would like some guidelines and the input of other people. MOTION by Councilr?ar Breider to set a Public Hearing for the application for liquor licenses by both the Frontier Club and Mr. Bob Schroer for January 13, 1975. Seconded by Councilman Nee. Councilman Breider said he thought the remarks made by the Public Works Director were very well taken. He thought this is the type of thing the Council shouid iook at when estabiishing the policy. The City Manager said the legal requirements for the issuance of such a license ar� lengthyand laborious. He said the full information should be available for the hearing. He said the Aministration would cooperate with the applications in getting the necessary data to conform to the City and State requirements. UPON A VOICE VOTE, all voting aye, Mayor pro tem Utter declared the motion carried unanimously. Councilman Nee asked if the Council could start the process of amending the ordinance. Ne questioned if the existing ordinance stated the amount of licenses that could be granted. He asked if this would have to be amended io state the new number allowable. The Finance Director said this had been done by resolution. Councilman Nee said he thought the Council should adopt the criteria of the seating capacity. He indicated he would like to have an ordinance that is defendable. The Ciiy Manager said the Administration would bring a propos�l before the Council. He said they would come up with some format for the Council to discuss. He mentioned that the Council could always change the figures. RESOLUTION N0. 129-1974 - APPROVING GRADE FOR MISSISSIPPI STREET UNDERPASS: The Public Works Director pointed out the elevations in the plans to the Council and proceeded to have a brief discussion on the various aspects of the plan at the Council table. The City Manager informed the Council that this Resolution would be necessary to obtain Federal funding. i� �\ 20 `L REGULAR COUNCIL MEETING OF DECEMB�R 2, 1974 PAGE 10 MOTION by Counci7man Nee to adopt kesolution No. 129-1974 approving the grade for the Mississippi Street Underpass. Seconded by Counci7man Star�aalt. Upon a voice vote, all vating aye, "^ayor pro tem Utter declared the motion carried unanimously. ADJOUNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the Regular Meeting of the Fridley City Council ef December 2, 7974 adjourned at 10:21 P.M. �pectfully submit�ed, .r�Z Pat Ranstrom Frank G. Liebl Secretary to the City Counci] Mayor Date Approved ---- � . , . � � � � t ! 1 � �• � �� . 4 � � � � � � � , � , � ! t f i � � s ! P 3 ! � � � � � w i , � . —�.-� —<.— �,.�'=r.,�,.� e � � � � � �� q n � `�. '�'� �` ; �. � t: ' � �.� -� r � �� x � � : ,� , . . _ ;�� _ ... .� s.. � � �� r �w� �. ��ry �*' .. . � . . . . F R I� "S'� . . . . . . . . '�° .T `d'> I � . - � ' . . e �p <+4 k C^„ � z�� • � • }• � F , �/ � . . . � . . � . . . . � . . . . � . ✓54;f„ ;. . � _ . � . � . � . � 4 . j� . .. 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Y 3, � � i �-1Y . # �� S :i+ '� . � � � . � �, ; ': �. � � .. � f �� t � � � 4 i. � � 3 ��, .�'i t.°4' lt[ �" � . � `, � f �Fl� t { � � � �� b �: k i 1 1 i 4 : j��? 4_F � k � , i .. � i' •.�� t ; � �_� ' „' � � k �, 5: , � �, � 1. . . � . � � ;�r %.f1 � . � . � i' 3`t i��. . . . 1•i' (�.�, � � � '- i � r � i� y� f ' . . . _;r, , � �u . i �`� a n �� nt � ��. ; �f � ' 3� . � � x ' �.. Ff �. $ i� �E �ye � � � � � ��,?� � � � , k � f . 3', 1 `. i 203 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 9, 1974 The Public Hearing Meeting of the Fridley City Council of December 9, 1974 was called to order at 7:32 P.M. by Mayor Lieb7. PLEDGE OF ALLEGIANCE: flaor Liebl led the Cour�cil and the audience in saying the Pledge of Allegiance to the 9• ROLL CALL: MEMBERS PRESENT: hiEMBERS ABSENT: ADOPTION OF AGENDA: Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt. idone. MOTION by Councilman Starwalt to adopt the agenda as presented, Seconded by Council- man Utter. Upon a voice vote, all voting aye, P1ayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON THE QUESTION Of ISSUING AN ON-SALE LIQUOR LICENSE TO MAX SALITERMAN FOR KING'S CHALET, INC.,LOCATED AT 6259 T. H. #65: Mayor Liebl read the Public Hearing Notice to the Council and audience. The Chairman declared the Public Nearing open at 7;37 P.M. Mayor Liebl called on Mr. Saliterman to present the request. Mr. Saliterman addressed the Council and informed them that he was the property owner of.the block of stores in Shorewood Plaza. He said he had presented a copy of the plans for the remodeling of the King's Chalet. He stress2d, it would not be feasible to open the restaurant without a liquor license. tie mentioned in the app2ication, a17 of the necessary requirements of the State Statutes and the City Ordinances would be met. He requested the approval of the .license to reopen the restaurant. He pointed out to the Gouncil that he had paid taxes in the amount of $58,217.28 per year and three of the stores in the Shopping Center are vacant. He mentioned those being the G& K Cleaners, Shorewood Cycle, and the restaurant. He continued saying he had � confidence in the area and thought the area would be rebui7t to the point that all of the faci7ities in the Center would be rented. f�lr. Saliterman said the restaurant facility is well equipped, and those contractors who had originally equipped it for the first restaurant managers would again be involved in the equipment. He mentioned this firm to be Continental American of Minnesota. Mr. Saliterman said he was submitting the old and new plans for the Council's review. He further pointed out that if the license was issued, this would be a first c7ass rest- aurant. , j Mayor Liebl asked the proposed seating capacity. Councilman Breider said the plans called for a totai of 290 seating capacity, 210 in the dining room and 80 in the lounge. Mr. Saliterman said this was correct. Mayor Liebl said the proposal was for a 8,000 square foot operation. He pointed out � in the estimated evaluation submitted by the Administration, the Saliterman facility land was valued at �22,000 and the building at $66,000 for a totai of $88,000. Mr. Saliterman mentioned that the other places of this type in the City were evaluated at $750,000. i�1r. Saliterman said the value wil] depend on how well the business does. ; � � �- I Mayor Liebl said Mr. Saliterman had been the first applicant since the election when the voters had indicated they favored an increase in the number of liquor licenses to ' be issued in the City of Fridley. He mentioned that there had been other persons applying for licenses and listed them to be the Frontier Club, �•laple Lanes and Mr. Bob Schorer who had applied for a license and planned to build a new facility if granted. � Mayor Liebl said he felt the new Council should take the action on the liquor licenses. He mentioned that there were some strict policies and codes to be set up for this procedure. He said all of the other applicants in the past had to submit a floor � _ __ _ _ _ _ _ _ __ _. __... _____l � 2Q4 PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 2 ' plan of the p•roposed operation and also different designs to justify the request. P1ayor Liebl asked if Mr. Saliterman had submitted such a plan. Councilman Breider said yes, he had submitted a floor plan. Mayor Liebl commeni;ed that the members of the Council had received a memorandum from the Public �Jorks Director which listed 12 items of concern of the overall condition of the property in Shorewood Center. � f4r. Wyman Smith, Attorney for Mr. Saliterman, addressed the Council and said he had not seen the listed stiupulations. They had not been submitted to him or•Mr. Saliterman. He felt if these were housekeeping items, hir. Saliterman should comply with the stipulatinns. Councilman Starwalt said an app1ication was also coming from the Maple Lanes operation, and if these were all approved, there would be three large liquor facilities within a block of one another. i�1r. Smith pointed out that there is s�o question in Mr. Saliterman's mind that this wou7d be good for business. He pointed out that the bowling alley also needs a liquor license to compete for business. He commented that they were faced with the same situation as Mr. Saliterman is, they could not operate a competitive business without a liquor license. He said the other bowling al1eys in the area had been issued licenses. He again mentioned it would not be possible to operate a successful restaurant without a liquor license. P1r. Smith further stated that the issuance of the liquor licenses would complement the whole area, the bowling alley and the restaurant would both thrive. Pir. Smith said he had talked to the Savelkouls about this and they felt the same way, it is difficult to compete for trade without a liquor ]icense. Councilman Starwalt pointed out to Mayor Liebl that the Council had touched on this the past week in his absence when he was tending to other City business. He said they had talked about how far the City could go in the liquor business. Ne mentioned the question of whether or not the City should go to the maximum in issuance of the licenses. He said he was just one vote on the Council and thought this was a serious si�uation. Ile emphasized that three of the applications that had been received vaere in his ward, and there were already two licenses issued there. He mentioned who knew how many others would be applying. Ne commented that the present requirement was that the business do at least 50% of its business in food. Fie felt this would be quite an endeavor and questioned if there would be enough market to handle this criteria. Mr. Saliterman said that he was prepared to make a large � investment and before this is done, it wouid be worked on and researched to determine if this would be feasible. He said this is a nice area with good parking. He felt that there would be room for all of those who had applied. Councilman Breider mentioned he had been looking over the floor plan and noticed that the dance floor was surrounded by the dining area. He recalled there was a faci7ity with this type of floor plan that was uable to do the business in food because of an arrangement like this. He mentioned the requirement of doing a 50/50 business in food and liquor. The City Attorney said the food income should total 50% of the income. Councilman Breider said this is the same situation as in a restaurant in Bloomington and they had been having trouble doing the required 50� of business in food. Councilman Nee said Mr. Smith had indicated that the seating capacity of the proposed establishment would be 1,000 persons. He questioned if this was correct in light , of the figures mentioned earlier that evening. Mr. Smith said this was not correct. � Before the layout and plan had been prepared, he had estimated the 1,000 which was a total of 250 and as many turnovers as there would be per night. Ne said ; this seating capacity had been changed from what it had been. ' Mayor i.iebl asked if the change in plans called for the change of the interior, exterior and change of fixtures. Mr. Smith said the�interior would be changed, but the fuxtures such as tables and chairs were in g�od condition and would be used again. P1r. Saliterman agreed and stating they were in very good condition and will be used. � Mr.Lbnald Savelkoul addressed the Council (concerning Maple Lanes) and said he had � just a few remarks to make. He mentioned what Mr. Smith had said was the position i of Maple Lanes on this matter. He mentioned that Maple lanes had applied for such �� 1 a license some time ago, and he felt that they should have priority in receiving � �� PUBLIC HEARING MEETING OF DECEMBER g, 1974 PAGE 3 a license. He said he had no objections to the issuance of a liquor license to Mr. Saliterman. He said they would wish him well and hoped that he would be successful. He said he felt if the Council were limited to the number of licenses to be issued, they would have priority because af their previous application. He said he fe7t each application shou7d be put forth and judged on its relative mer�ts. He said he did not object to any other applicants as such as competition, he had no feelings about this at all. He said he thought this would be good. Mr. Savelkoul said he would like to have his application considered on its merits and not what would be formulated because of someone elses application. He mentioned if the priorities are listed, he recalled the time when the City first considered issuing the initia] ]icenses and said they were one of the applicants at that time. P1r. Savelkoul called ta the Council's attention that priorities were set at that time and someone had dropped out. At this time, i:he license was issued to Ground Round. He felt if this was taken into consideration, Maple Lanes should be first prioti°ity. Councilman Utter questioned Mr. Savelkoul if he had been in contact with the Finance Director or the City Manager concerning their liquor license application. He asked if they had filled out a ne�a application at this time. Counci7man Utter updated Mr. Savelkoul that according to Ordinance, there is a limited time for the investigation and other administrative tasks involved. He mentioned that the public hearing would have to be set and publication of the natice would have to be ordered. Councilman Utter said Mr. Saliterman had submitted his application in ample time, that is why he was at the hearing stage at the present time. He also felt if the number of licenses was to be limited, this one should be considered. f�r. Savelkoul said before the Council acts on Mr. Saliterman's license, he thought Maple Lanes should be considered. Councilman Utter asked Mr. Savelkoul if he had some plans to remodel the bowiing lanes. Mr. Savelkoul answered, they would have to do some remodeling, they would have to provide a lounge. Mayor Liebl again questioned if they had a kitchen in the plans. f�ir. Savelkoul said they did have a kitchen at the present time. Ile added, they had been serving food and having the restaurant license for 20 years. fie said they also have a State license and City license for this. Mr. Savelkoul expressed, undoubtedly, if the business progressed, they would want to do more in the future. He recalled they had originally started with eight bowling lanes, progressed to 10 lanes, 20 lanes, and now have 32 lanes. � ' Councilman Utter said before the hearinq closed, he wou7d ]ike to comment that he hoped every member of the Council would thoroughly read the ordinance. He stated, some of the requirements the City had not followed in the past. He hoped the members of the Council would read and remember the content, and then follow it. Mayor Liebl said he would like to see the change researched before the City ordinance is amended. ilayor Lieb] asked if it wou]d be pertinent that the City make these changes and implement this into the City Ordinance. The City Attorney said this depends on the Council and what they wou]d look for in this type of licensing. He added, it would depend on what kind of businesses the City wanted. '� MOTION by Councilman Utter to close the Public Hearing on the matter of the issuance of the liquor license to Max Saliterman for the King's Chalet. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried �, � unanimously and the Public Hearing closed at 8:49 P.hl. I i I � � � Councilman Breider questioned if any formal action had been taken as far as setting a Public Hearing for Mr. Savelkoul for Maple Lanes. He suggested if not, this should be set for January 13, 1974. Mr. Savelkoul explained to the Council that he had an important engagement and would be on vacation during this time. He questioned if this could be handled the meeting after this one. Councilman Breider said this would be January 20, 1975, but the others are coming for Public Nearing the evening of January 13, 1975. He said the Council may want to hear all of the requests and have the hearings at one time in one group. _ . ._ __ f ,.� .. i � '�.—\ 20G PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 4 Mr. Savelkoul again stated he would not be able to attend the hearing at this time, they just would not be in town. He said it would be possible to rest their laurels on the application and the rest of the information to be given to the City Manager and Finance Director. Councilman Nee asked if they would be back on the 20th of January. f�rs. Savelkoul said no, they would not be back until later in January. The City Manager said it would be possible to set up the Public Hearing and continue it if there are any questions or concerns at this time. He said this would enable the Council to address all of the iiquor license applications at one time. P•1r. Savelkoul saio they would be back all of the month of February. MOTION by Councilman Breider to set the Public Flearing on the matter of the liquor license application as submitted by Mr. Donald Savelkoul for P1aple Lanes for January 13, 1975. The City Manager questioned if this would be ample time to get the Public Hearing notice out and the Finance Direct�r said yes. SECONDED QY Councilman Nee. Upon a vqice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. - Counci1man Braider asked Mr. Savelkoul if it 4�ould be possible to submit the plans which had been submitted at the time of the previous application which were submitted to the Council at that time. (�ir. Savelkoul said he would do this. The City Manager questioned if the Counci] wanted the n� tter of the consideration of issuance of the license to 61ax Saliterman back onthe next meeting's agenda. Mr. Saliterman said this would be large investment if he was to b��ild a place like the Council wants. He s�id he has be°n in contact ,•rith som� people ti��ho are interested in the proposal and he would not �vant them to cool off. He said he felt that the businesses would be an asset to each other. Mr. Saliterman said he did not think the City should scatter the restaurants and licenses all around ihe City. Ele mentioned one persor he kr,ew of with a shopping cen�er and five restaurants in the same center. He felt the closeness of the businesses would bring people to the area. Mr. Smith said he was just in the process of instructing Mr. Saliterman of the same facts. He stated Mr. Saliterman pays ir� the area of $57,000 iri taxes per year and there is no one occupying the restaurant area. He pointed out that Mr. Saliterman t�ould take care of the housekeeping items and planned to build a first class facility. He said it would be possible to lose interest with this sort of cielay. Mr. Smith concluded stating he wauld rather have the matter handled individually than in a group, but if there is no other way than to have it put off, it would have to be put off. (40TION by Councilman Starwalt to not consider approval of the liquor license as applied'for by Max Saliterman at the nexi: meeting of the Council, but to consider this on January 20, 1975. Seconded by Councilman Breider. Upon a voice vote, Councilman Breider voting aye, Councilman Nee voting aye, Mayor Liebl voting aye, Counciman Starwalt voting aye, and Councilman Utter abstaining, Mayor Liebl declared the motion carried four ayes and one abstention. OLD BUSINESS: CONSIDERATION OF A V TO RE�UCE MINIMUM LOT AREA, 13Y NORTH t4ETR0 CONSTRUCTI E. LOTS 25 AND 26, 6LOCK 11, SPRING BROOK PARK ADDIT t�tayor Liebl gave a brief explanation of the request to this point and said the recommendation of the Board of Appeals was to approve the request for the variance. { i�lOTION by Councilman Nee to concur with the recommendation of the Board of Appeals ; and approve the request for ihe variance by North Metro Construction 200 Ely Street i N. E. Seconded by Counc�ilman Starwalt. Upon a voice vote, all voting aye, Mayor iLiebl declared the motion carried unanimously. i I , . L_ __ __ ___.___ __ _ _ ; � i ; , 207 � ' PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 5 RECEIVING OPINION FROM CITY ATTORNEY REGARDING PETITION FOR CHANGE TN THE CITY CHARTER: The City Attorney said the opinion was self explanatory. � MOTION by Councilman Nee to receive the opinion from �e City Attorney and transmit i the opinion to the Charter Commission. j . i The City Attorney said he had sent a copy to Mr. Sheridan, Chairman of the Charter Com- mission. . SECONDED by Councilman Breider. Councilman Breider questioned if it would be possible that there be some modification of the language before the petitions is acted upon. ' The City Attorney said this modification would have to be approved by all involved. He said if the agreement for the language change is reached, it could be adopted , with the consent of the circulators and adopted by Ordinance rather than by special ' election. He said this would take a unanimous vote of the Counci7, , P1rs. Lee Ann Sporre, 301 Ironton, addressed the Council and asked if the unanimous ' vote of four members when there are only four members on the Council wo�ld be ' acceptable. ' The City Attorney said he believed it would be acceptable when there are only four ' members, and thought this would be a unanimous vote. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING REPO�T FROM CITY ATTORNEY REGARDING AUTHORITY OF THE CITY TO ISSUE LIQUOR LICE(�SES: ' RND CONSIDERATION OF POSSIBLE AP�IENDMENTS TO THE CI7Y CODE SECTION 603 - INTOXICATING LIQUOR: i�lOTION by Councilman Utter to receive the report submitted by the City Attorney concerning the authority of the City to issue liquor licenses. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman 8reider to table the consideration of possible amendments to the City Code, Section 603. ', The City Attorney pointed out to the Council that the change in the State Statutes I came when the following language was deleted, "the principle part of the business is to serve food". He advised the Council that the City does not have to follow I this deletion. He said the Council has the authority to make the change, out they do not have to make it. He said the City would also have the authority io upgr.ade ' the code in this area. Mayor Liebl said the City minimum standard would have to comply with the State Statutes. The City Attorney agreed. He further stated, as the State Statutes state, the appticant can either have or not have food, this would be up to the Council to decide. He said the language could be 49% or 51%, ne suggested some language that would have a strict standard of 50%. He said the Council would have to amend this in the future and discuss what they want. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF APPROVAL OF LEASE AGREEMENT BETWEEN THE ISLANDS OF PEACE FOUNDATION AND CITY OF FRIDLEY: �+layor Liebl asked the City Attorney if it would be legal to sign the agreement as it had been presented. The City Attorney said the lease agreement was a combination of his working with the Parks Department. He felt the agreement is adequate and i __ _ __ _ _._ _ _ _ . __ __ _ __ ---- _ _ — _ _--' 0 � � � \--� � i i I 20R PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 6 represents the opinion of the Administration. The City Attorney said he felt it is acceptable if the agreement is acceptable with the Islands of Peace. Mr. Burt Ellis, President of the Islands of Peace Foundation, addressed the Council and said he had received the agreement and talked with �r. Kohlan, Attorney for the Foundation. He said there is some question by the State regarding the River basin consideration. He said they would have to see if they conform with the State or if there is any technicality that they would have to overcome. He explained that they hoped to get some clarification in January. Councilman Breider suggested that the Council approve the agreement contingent upon review of any regulations by the State. Ne said they could authorize the Mayor and City Manager to sign on this contingency. The City Attorney said this would be acceptable. The City Manager said the Council could take such action to authorize the Mayor and City Maiiager to sign the lease agreement if there is any problem, this could be brought back for Council action. MOTION by Councilman Breider to approve the lease agreement with the Islands of Peace Foundation and authorize the Mayor and City Manager to sign the lease agreement if there is any problem, �his could be brought back for Council action, after receipt of notification by the State. Seconded by Counci7man Utter. Mr. Burt Ellis informed the Council that he is the President of the Islands of Peace Foundation and he had looked at the lease and it seemed fine to him. UPON A UOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIUIPdG A REPORT ON STUDY FOR A STOP SIGN AT 64TH AVENUE AND BAKER AVENUE: P10TION by Councilman Staralalt to receive the report and concur «ith the recommendation of the Police Department and Engineering Department. Seconded by Councilman Utter. Councilman Starwalt said he had been in contact with some people from the area. He added, this is not the final action that the people of the area would like, but they would wait and see what deve7ops next spring and summer with the improvment of the area and take action at that time if the traffic vdarrants it. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING RESIGNATIONS FROM CITIZEN BIKE41.qY COMMI7TEE AND CONSIDERATION OF NEW � APPOINTMENTS: AREAS �l AND #2: s MOTION by Councilman Utter to receive the resignations from the Citizen Bikeway Committee (Mr. Joe Schommer and Mr. Bob Lee). Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, P�ayor Liebl declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR SS&SW #116: The Public Works Oirector passed out the bids received that day and informed the Council that this was for development of the Burlington Northern Plat and in particular that property owned by the GTE Sylvania Company. PLANHOLDER TOTAL BASE BID Nodland Associates, Inc. $163,059.50 Alexandria Minnesota 65308 Peter Lametti Construction Co. Box 16368 St. Paul, Minnesota 55116 Northern Contracting Company Box 650 Hopkins, h1innesota 55343 $114,734.35 * �148,969.75 PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 7 ---- _T—, 2U9 ' PLANHOIDER TOTAL BASE BID C. S. McCrossan, Inc. $143,421.00 Box AD Osseo, Minneosta 55369 Minn-Kota Excavating, Inc. $177,054.50 3401 85th Avenue, 1lorth • Minneapolis, Minnesota 55429 Park Construction $ U4,620.85 79�0 Beech Street [y. E. Minneapolis, Minnesota 55432 Dawson Construction, Inc. *$112,689.90 1803 South Ferry Street Anoka, Minnesota 55303 Frank F. �edlicki $125,719.00 3410 Girard Avenue South Minneapolis, Minnesota 55408 Morettini Construction *$180,669.00 , 852 Westminister St. Paul, i�linnesota 55101 Northdale Construction Co. $129,865.00 8208 Northwood Parkway Minneapolis, ��1innesota 55424 Underground Utilities $128,062.15 6933 Lake Drive Circle Pines, Minnesota 55014 ' American Contracting Corporation $107,745.60 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 Erwin Montgomery Const. Co.> Inc. $122,752.00 10883 89th Avenue North Osseo, Minnesota 55369 Bianconi Construction Co. $179,351.25 986 Bayard Avenue St. Paul, f�linnesota 55102 Robert W. Moore *$165,918.50 1325 DeCourcy Drive St. Paul, P-iinnesota 55103 (Note: *Total was adjusted due to errors in extensions in the Bidders proposal.) MOTION by Councilman Utter to receive the bids and award the contract for SS&SW #116 to American Contracting Corporation, 1540 Yellowbrick Road, Coon Rapids, in the amount of $107,745.60. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor•Liebl declared the motion carried unanimously. COMMUNICATIONS: ED WILMES: APPRECIATION: hi0TI0N by Councilman Utter to receive the communication from Mr. Ed Wilmes dated December 5, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Wilmes thanked the Council for the opportunity to appear on the agenda. He said he was not there in opQosition to anyone or any area. He mentioned a letter that had been written by the Planning Assistant, Mr. Jerry Boardman, to the Metropolitan Council, which designated North Park an open space proposed project. Mr. Wilmes read portions of the letter to the Council. . _ . .._ _ _.... -.. . _'.__. .'__ ___.. • ._.__J � . s k ;�•—� 21� PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PI�GE 8 Mr. Wilmes continued to comment stressinq the importance of the Ts7ands of Peace in reference to the usefulness of the area for the handicapped, elderly and children. He stressed, just as the Metro Council will designate an area for critical need, he thought the handicapped should be designated as people with a critical need for an area. He said those people within the institutions who are handicapped have no other place to go. He mertioned in many instances the able bodied people are not wiiling to accept these people, but the handicapped are willing ta share their area of the Islands of Peace with anyone. i�lr. Wilmes emphasized the fact that those people ��ho appreciate this area most are unable to come and speak to the Counci7. Mr. �dilmes issued an invitation to any member of the audience or Council to accompany him to visit with these handicapped people to experience the need of these people and base their reports on the truth. i�1r. Wilmes concluded wishing the mem6ers of the Council a Merry Christmas. LOGIS: GRANTS RECEIVED UURING YEAR: Ti�e City Manager said the LOGIS program had received soine grants from the State of Minnesota which relieved the cost from $12,OU0 to $2,900. MOTION by Councilman Breider to receive the report concerning the grants for i974 for the LOGIS program. Seconded by Councilman Utter. Upon a voice vote, all voti-ng aye, Mayor Liebl declared the motion carried unanimousiy. The Finance D-irector briefty explained the reasons for the grants. He continued to state tha� the terminal is presently operating out of California, but Hennepin County had entered into a contract and this would be moved to Hennepin County. ADJOURNMENT: MOTTON by Councilman Utter to adjourn the Meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the mot�on carried unanimously and the Pub7ic Hearing Meeting of the Fridley City Council of December 9, 1974 • adjourned at 9:41 P.M. �Res ectfully submitted, � � � Pat P.anstrom Secretary to the City Council ate Approved Frank G. Lieb7 Mayor 0 . APPUII�TMENT FOR CITY COUNCIL CONSIDERATION - DECEMBER 2, 1974 Buildin Standards - Design C�ntrol Committee (3 Year Term - 5 Members) Sub-Committee of the Planning Commission Section 208) � 7he ward representatives are appointed by the respective ward Councilman with approval of the Council. APPOI��TMENT APPQINTEE Ward 3 TERM EXPIRES 4-1-76 � MEMBER RESIGNED He1en�Treuenfels 5248 Horizon Drive Fridley, Minn. I , � � � .J .. . . . . �., [/ ��i''��". ,or".�..... . . . `%r�Y�ir� �� . ORDINANCE N0. G,.-�' �- � AP� ORDINANCE TO AMEND TNE CITY CODE OF THE CITY OF! I ��2'� ` FRIDLEY, MINNESOTA QY h1AKING A CHANGE IN ZONING 1 UISTRICTS Tt�e Council of the City of Fridley do ordain as follows: SECTION 1. Rppendix D of the•City Code of Fridley is an�ended as hereinafter indicated. , SECTION 2. The tract or area ulithin the County of Anoka and the City of Fridley and described as: � � Lots il through 21, and Lots 28 through 35, Block 4,Spring 6rook Park Addition, lying in the South Nalf of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as R-1 (single family dwelling areas). SECTION 3. That �;he Zaning Administrator is directed to change , the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (light industrial areas) to R-1 (single family d�velling areas). , PASSED BY THE CITY COUNCIL OF THE CITY OF FRIqLEY THIS ' DAY OF , ,: � � ' . - - , 1974. r , � ATTEST: CITY CL`ERK - MARVIN C. 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'. j .- fa`i7' ' t i �� ' � r C 'c. .� :� o ' , � ``�.i�� "/1 �� . .�' �'�'� , t 1 ' ' �f :,.1; �'� N _'c ` • 1`, l �C'i � �`/ (7 u" , M . ♦ � ( .+ �'� ' �`.� �e . �' � A 9 ti� Fj, . �. ,�,b t � � w ., P ,-1' �, (9,. � ,t�i r ' 1 Q ,�:. �, l I . �. ;.. � A. �. ` . : ' • � �� •j , ; n r,. r: ,;; �� r�i f I Q`, ` �� : 0 . n� �s A� i� fj, �'F. �,iPnn� lioif � � , � �, ��q; " %' ��'„� ,; , : �(u .�, '. ��-�!! :.� C.�., v � ,cks,�:. �'' ��; � M � ,./ �,� t � ' 1 � • \ A • � �,, , , � �� vI " 1 //�-.' '. /,�. �, � , � � V f l�� \� 1t�/ �' !` � f . :" F . \ p� 1�1 i ?�5, �b�`+.. ��` ` _?.; %� •1.ti ,�� '.':' 2 �� f'� \ ` ` �� c�! / \`` . . �� , . I , , , , 1 � D. ti Bl1IL1)I.NG S'1':�DAI:DS-i)�S1GN COi�'TROL SUBCOi�9hiI'I'TEF T�EETING 01= SEPTF.A9BER 12, ]974 The. �neetin� was c�l:ed to oxder by Cl�aixma�;. Lir.dblad at �:05 p.m. AfEA9BE1tS P1�ESENT: Lin�blad, Tonco, h9i:D9}3EP,S t'.BSI�:NT: None � 0'THERS PRI�SENT:. Jexry Baarciman, Treucil�els, I�elson, Simo:�eau I'lar.;�ing Assistant T40TI01' by 'I'reuenfels, sec�nded by Simoneau to appxove the r�i.nutes of the August 22, 1979 meeting as �aritten. , UPON A\�OICE �ro�L, all voting ave, the motion carr�.ed w�animously. 1. COiv'I'Ii�'UATION OF � CONSII)ERATION �i� A REQIJEST FOR Ri_,LANllSCnPII�G AND }�B,'�C}�� 1�'ORI:: LUCr�iT'FD 0;� LCl`I' ]_, i3LUCK 1, �f'�ti'1' 1'.l�:tiCN I:S'I'l17'1�S 1S1' t1ll17I- 'TIO\, P�IiZCl.�I. ]Q; THE 5;�,<li: $i;1�G 7G:_'.0 Util�,�i:I:S17'Y A\�]:NL'_; \OI:I'HI:AS1', FRII)L'•_=.1', t�31\\1:50'1`A. (REQ111:S`t' I>Y .�I:r\:�}:'S i�URSERI', i9��p I'Ei�i� AV�:i�UE SOU'I:�l, �3L00i�]I;1G�i'�J:v, AIIi�NrSO'I'1� 55431) . � M�'i'ION by Treucnfels, second hy Si.r;oneau io receive tl�e correspondencc: � from Prank's Nursery stating they would like t:o witildraw their request a�id � reapply tit�1-�en read��. Sec attacl�meni: ' , �J � � � � � , UI'0\ A 1'OICE 110T'E, all vcting aye, the motion carried wla�iimously. 2� CQ�SIDLP.ATIO:�I Or /1 I-IOUSI� R�LOCAI'IO'�! DUE TO � Rr70�'IT'G RrOUFST FRfli�t r9-I 7'0-1�-1: LOC?'il';:D O�v I.0'1'S iJ i,J1I?OUGIi 21, AND LO"1'S �S Tiii:OtlGii 37, BLOCn 1�, .�I RI;�G i`t.UO�. 1'fii:i. f\I��)] 1�+�O�V, I}T�i S�t��;l: ul'I\V G; ;;i 1tr�LLY LOC�TL'•D - BE7'lti1�L\ ; 9'll, 1;:�� \.�:. :1.`�ll L�\i�l }.! I.OI, S I iZLi:, i�'�Vi) tiSH`I�?N A\'LivUc E�.�:D 1�l;: Rn1LI2C?ilD 1'll1f;:.�.�(i�FQ�'t;S"T i'>Y 13�-�]ti�' I' :`ilJllli,lI, 1005 L�lI�;C�OIr� TL'I�i��`�i:l� N01:1't�Ef�ST', COLU�1i�I:1 HI�IGit'I'S, A1Ii�T�3:S0'T'.-1 55f 21) . � Mx, Hank hfuliich was present fox tlle reques�. Air. A7uhi.ch and I�:r. 13o�xdmai� presentc:d pictures of tlie �louse to be move� in and also pictures of tt�e st.rroundin� ho�r.es. i�Sr., rllz)iich said ]ie is asking for a rezoni�i� request: from I�i-1 to R--l. Il ��as pointed out that tt�is area has al+,°a}•� Ueeil zonc�ct A1-1 and i��)le.a� the }�omes thzt ure tl�exe »o�� taexe built it �aas lec;al to builcl 1:-1 on :�ndt.stri.al. land. ?�1r. Alt�hich sr�id he has talked ti�itll the affected homeo�,�ners and all are in fa�ror o� t:J�e xezoni.ri�; e::ccpt one horneoivner. This homeot��ncr lias ?./3 of his pro��exiy on 1�1-] and 1/3 on I:-l; the hcme rests T/? on ht-]. a�ld 1/2 on R-I. 7'liis owner �°ould like to ]ceel� 11is I+1�1 zoning i�i order t}iat he may place a wood taorking, h�rie occupation shei� in his �;al:age. Air. Afuhic}� said l�c tricd to point: ou� v<;rious reasnns to this har::ecti�ncr as to why ti,o zonings ��ould be a hard�ll�.�� to }lllll. P,1r. Boardmriri said if SOo o� }iis home �,�as et�er destxvyed, l�e wotild not lie able to rcUuild ]Zis home due to tl�e double zoning. Mr, htuluch said this was the anly opposition he received. Tlr. Tonco askec� Mr. T1t�hich if }ie ��ould put a 2 car gax�ge up. P1r. Miiliich said if the [3oard rec{uest one he �.�ould put o�ze up, but it would be a Uit of a )�ardsliip to do it immediatelv. 1Jr. 'I�OIlCO st��cstccl by Llic cnd af 1975 thc�t the g��raF;c bc t}uilt, h1r. t�ii1�11.C11 'clgrcc:d to this. }lc said l�c prol�ably t+7on't Lc moviilg t.hc hausc ir. until the spring of 1975. Tt i_s presc:ntly l�cinfi usc.d as a Uank ofiicc an Neti+ Hope and he has Lo �,ait until the ne�, bank i�uilding is �� ,�<,.-�: .� � -... � 13UTLll];�G S7'f1t�DAR1?S-�ES1GN CON'I'ROL SUBCO;•t�1I'i'1'LI: A'rL'-TING OF SEPTEh1I3Elt I2 constructed to get t}ie }l��me. 2C ��a - �>�. z ' bir.. Tonco asked ti�hat the Planning Con�mis�ion's feelings on his rec{uest k�ere, Tfr. �luhi.ch said ti�ey wanted a. peti.ti.on brou�}it in si�ned by the home.- owners that t-hey are in favor of the rezonin�. Other tliat i;j1S't� L-hey seemed � in genc:ral a�r.eement for the xe2onir:g. A1r. Afuh�.ch said he did haue the signatures of all the homeo�.nez�s explaining wllat lie �aas going to do ancl taiiat he ��anted, but it �+�as noi: worded as a petiti_on.. � � � � , � h4r. Boardman asked about posting a bond to ensure pro�,er Iandscaping is done. }ie saicl the City has requested tlu.s of other homes moveci in and felt it �Jas a good safe�uard policy. The Boarcl arl�l P,ir. P�fuhich agreed ta tliis bond and set i_t at �SOU.00. A10TION by Tonco, seconded by Nelson to recommend a}�proval of the home reloc<ation suLject to a petition brought in t�y �;r. Aiuhich staLing approval of the rezoni��g by Lhe affected �roperty homeo�oners and tai_th the follo�ving stipulations: - 1. A 2 car garage be con�tructed by the end of 1�75. 2. A landscaping bond for $50G.00 be posted. � UPON A VOIC� I�OTE, all voting aye, the moiion carxied unanimously. � 3. CONS7DER/�TIO'�' OF A 1:EQUI:ST 'I'0 CO\S"I'R[JCT P:I,�S1; II OI' T13C PP.ESENT S"I`1tUC�I'llRF. T0� BE llSTD AS �ti' IC': AI:J��Iv ,: LOC.A'Ti:�D 0� Pr^,12C�L 6610, SOU7�� HAI_,F UP SL-CTIU?: � 11, CI"I'Y Oi� FI:Ili;�F�Y, COU:�TY OF �1�?�C1l�A, S'I'lV'1',: 0�� i�4li��;f::SOTi�; TIIE Si�?�1E j3EIi�iG � 701.1 lT\IVEI;SJ'i'1 �r��,L\L' NC�lZi1 LAST, l�}:IllLEY, �51��ISOIA. (i:L:QUES'1' L�Y THl: COUNTY OF t�\Of:A, �;25 }. ASI A��r� IN STI:E�'I', l�I�'C)1:f1, �`tIN;tiLSO'1'l\ 5530 ti)� A4r, llave Torkelson ��;as present for th° rec�ucst. Mr. Torkelsoi� saicl this arena will he added onto thc rear of tl�e present structure. 1'lic: rinl: will be full sized and aUle to scat 1,000 people. Tiicre �vill be a service door on the nort.h si.de with ' fire exit doors on the north and south e2cvativns. llarrel. Clarl: anc� Bob Aldrich had su,gested placin� the doois here for easi_er fire ec�uil>>nent access. 'I`l�e main ent:rance ��uiJ.l Ue on the tt�est tvall. blr. '!'or}:elson said }ie �+�ould like to put a si.de�aalk on the sotzth side and some ty�e d- concrete cu.rt� st:op on t.he nort;� side to keep cars away fro�� thc bui]di�ib. . • A1r. 7'orkelson sai.d the prese�it structure i�as an ice fa.00r desi.�;ilc:d for 6 montlis use and they are t�sing it year around �ti�hich has caused the floor to raise. '1'hc ne�a ririk WOLllCj �I�iVC a 12 rnos�th flooa• desi�n tlius CI18U1111� the prc- scnt arena G monti� ice use and G moni:hs use as an auditori.um. A1r. Li.ndblad asked if Lhere �aould Ue adcquate parkinfi. PIx. Torkelson said thcxe i��ill be more than enough. Air. Ro�rcl�u��z askcd T;r. Torkclson to � i 11 in �ti�hat t.hc l�oard of /lppea;s had deci�r.d at the 7'uesday cvening meeting. �ir. Torkelson said ti�cy are suppase ta ' .,. . . K ,. � � � ' + , � S �J,�? i �, r ORDINANCE N0. AN ORDINAIVCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS Af�dD TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Frid�ey do ordain as follows: SECTION 1. For the vacation of a portion of a utility easement des- � cribed as follows: r �1 � � ' � � �J � , � �� ' � All that portion of an irregular strip of land lying within a 15 foot utility easement at the rear of Lot 12, Block 5, Rice Creek P1aza Addition, lying South of the North line o� said Lot 12 and adjoining the 4desteriy line of said 15 foot utility easement described as follows: Commencing �� the Northeast corner of sa�d Lot 12; thence West along the Ncrth line of 5aid L�t 12 a d7stance of 11.50 feet; thence South and parallel with the West line of said Lot 12 a distance of 8.40 feet to t�e point of beyinning; �hence continuing along said parallel line � distance of 'L4.70 feet; thence West and parallel with the �dorth line of said �ot 1?_ to the Westerly line of said ,15 faat utili�:y easemen�; thence Northeasterly along tne Westerly line of said 15 foot uti 1 i ty easement to a�?oi nt f3. 40 feet South of the North li�e of said Lot i2; thence East and para11e1 with the (Vorth line of said Lot 12 to the point of beginning9 All lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby vacated. SECTION 2. The said vacation h�s been ma�� i�� confori�ance with Minnesota Statutes and pursuani to Sect;ion 12.07 of the City Charter and Appendix C of the City �ode shall be so amended. PASSEU QY TH� CTTY COUNCIL OF THt� CI7Y OF FRIQLEY THIS OF � � , 1974. ATTEST: CITY CLERK - P1ARUIN C. 6RUNSELL �DAY MAYOR - FRANK G. LIEBL Pu57ic Hearing: November 18, 1974 First Reading: Uecember 2, 1974 Second Reading: � � - ,°» �/ Publish........ _ _ 3 ---- �� ., � ;�� ,i;�=� .;� ;:��,�� ... . . �� =�``�4 �,\' ,,i� � ..r'�,\,`"r� ' � '� � 5AV #74-04, ,7erry Guimont 3 A � � i � ' ,2� t'; � I , �� " o� e'' �� , �' ; Vacate a ortion of a, 15' easement � � ,/�� , �, P �� o� '' � -t�O ' \. (�'`'�� '�� = ��' ("�� 3 .,�.. f or a garage addition �`��";� � ` ,4 ` s✓,•� // /�` - � �' `� }'�;;�5 .� �+ �`',- „_- ., fp"' { ., � i. � � . ` . ! �, � . ^`•t�yf ' ^,• �� , ` Y� '?'f � . . � . � �. `` `.c� . . � .. . a � r\ � . � � . . . . :y'S � . ��O �,` S. � �?X,. . . � � '•H• f ^ y . . .. , . 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'� ^--.-.-;':--� �� .j �..�•� . ,� � ,�� i � ; .� , • , � .. G+� i; , `,f, ,Q,.�,_ , :..�.,.:i.Ca. � � , � � � 1� +, _ . ' ;� :l..i ,, , � �'i' "." : _ � � , � � „� , .. � ; �.r .. ,'`,� _ ..�',: � l . ... ' � i �; . . , � �.� � I j'LF '• � � 4� �/ ^ � , I�+ � � � � . � . I. : I:.' j ' �- � , 1 . � ,. ? j � � , v � � }"' .l! ' r . �,� � ��O ' � �,'� �� I. � � t_f' � � �S�7G1 ,,_� ��" �t ' ' ' � . �,. ' I � � " - , I � � . i � ( �� ,I .......1 I !' •��c'�� ..Vf "� 15� .' V.� � ., ^� .; �_ �; ; ., .. _ ...�..o.- . , � q,� G /�` �.(,'�1 ��c. fS . _ ' ' - —. '-i •. , -- ��..�...,..�.��, ,�„�...,,,�. i � .� � .� / i' � � '° � 1 � � � � Plannine� Con,mi.Csi.on T�Ieetin - r:ovem?�er ?_0, 197�1 P�zqe ?. �� ' ' but hc Ch�lirman I'i.tzpatri.c�: �aic1 he didn` t know about �31�inc, • }•ne��r �,a:r�e rii�ie�> lla:l ordinailc�s ban�ii.ng si.qns, and hc didn't know if thoc�e hacl 1�:?c�i� cl��l.11.c�;�c?ed. Iie contint��c� �liat lie has livcd in Friclley ior_ 1.E', yc.3r.s ar�d tl�.i.s �.s tiic f_irst ycaz he hacl obser�rc:d �o , mticli varad�.ili.sin oi carnp�iqr� si.gj�s. I�irs .�3acon said she jus L- ��aizt_ed to plant a seed, so the i'lanning ICom�ni.��sioi� wou1_cl a�: l�ast cons�.dc�r l�avinc� st�r.h an or.dinance. She thouglit it <<�oulci cven be worse when there was a na�ional elect�.on. , ' � � � ' ' ' ' ' � ' ' � � Mr. TIarri.s said we co�zld probably con-�rol the length of �l-.imn that tliey are up. i�1r.. Clark s��id -Lhe sign ardinance says �they hav� to be re,noved s�v�n days a�tez the elect�ion. Chair�nar7 z'�-tzPst=rir_k tl�anl,ed i�2r_s. Bacor� for coming and eYpresrsing hez vietas . 1. RTQU�ST FOR A LOT SPLIT ��. a. 'r 7�� l�� GOP.DON R. PFTFRSO'J : S}?�-i� off the P.Tort.l�ic.rly 25 f�et~°�rr�-�-�� 7.G, Plymouth 11.dditio�i, �a �z�a}�e a be�_ng 45C5 3rd St�r_eet N rE. I�Sr. Gordon Peterson was present. �.;..-��z�-Tict add it to Lot l6, I3].o�r. 65 .foot �ui__lding site, the sa>:�� Nr. Harris said that this had been be.fore the Plats & Subdiv=�° sions-Street�s & tJ i_ili_ties Sul�cor�unittee the previous evening • �� sai�i that althauqh the lot spli-t F:ould i�;akc a 65 foot :Lot, �her_e i.s c�nouqh depth to t�he lot, so that it will exceed our 9,000 square �oo� mi.ili_murn requirement. He said t�iis 1at ��ai1]. b� 188 feet deep * and thaL if at a�uture date, Mr. P�t�c�rson shauld wani, i�o spiit hi_s remainir�g propert3�, tliere could. }�e. tcao morc bui�_aing sites, on� 65 feet and tl�c oth.er 70 feet, ��Y�ere I��r. Peterson's ho�se is prese.itly located. �i� �aid the Subcommittee couldn'� see a better w��y to s��lit this propert.y. 2��-. Clark said the sL�rvcy sho�m in the agenda �aas made in June of 196U, b�rore Univexsity 11v�nue ��as widened. He said Mr. ITzrr�_s gave tlle dept.h of these lots �s we hacl trlem ai� tl�e SllIJCOiilTill.tt:i;f'. mcctinqa, hut the liighw��y Depart.n,�nt has i�aken progeri�Y al.most up ta wlzere tlze �il.le}� is sh�t.r� on the survey. so thi_s prop�r.ty is oi�1�J lh� feet dee��, }?lus or minus a lit�7-e. Th.is wou,ld still ma}.e thc 1ot about 9,3G0 iee_t. �1e did ask i•7r. P�L-er_son tocc�rant ower �oles eascment f�r d�'ainacJe and utiliti�s �•Jhcre the Exi.�iing }? P are located, and these lines go over the exisi�ing gazag�- AS i�t'ir is an existing st�ructure, we would allow this garage to encr�ach �n the e��semeni�. TIr. I'itrpztrick as�:ed when the alley was vacai:ea' rs�'• C�-`�r� Si31C� lt: lJc7S SC'_VC`Y'cll. ��G'c�r'u iiC�O. �Vi1C'il t.11l..`_� �•I�IS Vc-iCc7t:C?.C� ��1Ci'C Wc'iS Z si.ipulat:ion L-hat � drai.nage and titi].ity cascment bc kcpt, but i�here a�'e two clif fer��nt l.ee�al opinians on �ahc�t_her the Ci�y can do th�t ar_ noi:. l)ntil i�}�i�s is clai-i.iied, 1�� tl►ouc�ht �•;e slzo�ild as}: f:or t_li�• 1.2 f�ot di-ain��qc anc�i util�.t�� asemenl: bcinc� yx-anted aJ.ong the entir.c 2Q0 feei� of l�r�pert.}� that P•1r. Peterson owil�. Mr. Drigans said h� didn'i: see how ti�eY could make a fair ' I� ' � ' � ' ' ' ' � � � I� 4A Pl��nninq Commi.ss�.on rleeting - November 20 , 1974 Pac�e 3 asses�;m�nfi. oL this l�i� split �ahen they didn't have an accurate surv�}�. Lr. Clar}� saia thi.s was an accurate survey in tli� P�orth- Sout}i din:�n;i�i� o� the 200 �ect, and ttie _locatian of th� bui..ldinys. It just ��.��sn' t up to daie a5 far. as to i�hat part tal;.en by the Iiigtz�:�.�}� D_��ai t�:n��nt. Mr. Driqans said then wh}��aasn't there an up-to-date survey of thc }�roperty ��e arc beinq asked i.o split. I�1r. Clark said it �aas bec�iu.:c, Mr. Peterson didn' L sup��:Ly us ��rith one, but it �•�asn't uncomrnon for s��ncone to get conrcPt app.roval before they go to the expens� of a survey. He said he thought th�re was enough sho�dn on the survey so t.}�at we could tc:l].. the �etitioner. �,ahether the Pl��nning Com�7issi_an �p��'o�Tes o� this concept or not. rir. llrigans said thr, peti.tioner �,�asr ° t asking for roncLpt �ppro�ra-L. I�lr. Clark said tlzis property wo:ilci havc to be survey�d h��are a builclizzg permit �,�oulc3. be issued on tl-ii.s lot. Mr. Clark said he thought the High�aay Uepartment had taken about 42. Leet niore af Mr. Peterson's praperty. I�e said the higliway was �•�idened in 1965, and thi.s was prob�.bly �ahen t2��y took the add�_t�.Un- a1 ric�ht of way. „ Mr. Clark said there is anc�ther exis�ing structure south of Mr. Peterson's house. Mr. Peterson said this was a double garage �a71ic11 he built wi-th access to �i�hird St.reet N.�. Tl�e other garage on his lot was one he used when he sti�_1 ha.d access to Universit�r Avenue. Af.ter t7ie highway F7as v�idened and the freetaay fence pu� up, he no longer had access to tlzis garage and tzsc�s it for storage.. 1�4r. Fitzpai�rick said this old garage w�s three feet from the present l�ack property Iine and three feet from tlie new sa�deyard line. Mr. Clark said this was code. . Mr. Drigans asked Mr. Peterson if he had di.scussed -this �vith his neiglibors? Mr. Peter_son said 11e hadn't, but thought they had been notified of this request. Nr: Cl�irk sai.d the.r.e was no noti�ica- tion of neighbois on a lot split request. Mr. Fitzpatrick as}:ed how o1d the houscs �,�ere tl��at v�ere north oL- i�ir. }?eterson's property. T�Zr. Peterson said he, thought they c�-ere bui_lt in 196`_i and were about nine years old. N1r. Clark said the houses across the street were built in about 1955. ' r1r. Iiarris said tl�e Subcornmittee though� , �or this parcel.. If the 5 lots had beer. split havc made t�ao very lar.ge lots, and by doing it� ��z possik�i].ity that the rcmaini»� property could ' lots, �•rhich would make two 65 foot lots, with betwcen. this was tJ:le best use in half, it wou�d this way, there �,�as be �plit into two a 70 foot 1ot in Tir. F�tzpatri.c}: said he knew it was the practice on lot splits � � not to no;�ify neighbors of the requesi�. He said he �didn't have any ' , ,�,� ' Planiiiizg Commi.ssion rieeti - Novc�mber ?_0, 1�74 - Page �'� 4� objec�t�ion �o thi.�� lai: split, but he did,question this policy. He ' yaa.� }i�� }��u,�llt tli� }?eople lJ�lO �]"c2C1 }lOIllc'-�; oi� thc �U foot loL-s might �•r�nt to kn�-:� t�h��t: tli� r�� w�.is qoing t.o be� another home built l��tween Mr. Pc,t�i-�;ai1' �}�ou_>e � nd t.h�irs. II� thought� m�ybe th:.� procec?ui:e , shoui;'. be reviec•rc_-c�, as it. seemed �,:e notifica tYie neighbors on �t11i1CJs of much lcs�; r,onse:�u�nce. � ' � LJ� �� ' � ' ' ' , � � � ' ' Mr. Clar}: said this property ��as plaL-�t�� prior to 1954 and at that ti.r,:e t1�� taa_rlimum lot size rec�ui.remen�t was 50 feet. Th� secona gai�agc wa ; bui_li. before �•�e had an ordinance saying tlie second accessory building needed a speci.al use p�rmit, also. F�ir. Peter_son asked if 3ie could lea��e his garage in the ease�r:er_i�. 2�ir. Cl�zr}:, s��.i_d h� could unl.ess this garagc �•�as damaged ov�r 50:> by . fire or wi_nd, et.c. rir_. Pe�Lerson said lie tvas agreeai�le to this. Ii he had to rebuild the qarage for s�m� reasonr he �lauld move it ofi the easement. . � 1•10TION b� Harris., seconded by Bl�ir, that ihe Planning Commissit�l� recommend to Counci.l approval of the requesi for � 1ot split, L.S. /;7�1-.Z 6, bc� Gor.don R. Peterson, to spli t- of.f th� Northerl y?_ 5 i"eet of Loi 25 and ac7d it to Lot ?.6, a��d split off tt�e Norther.l.y 7_5 feei: of any existinq Lot 6 and add it to Lot 5, Block I6, P]�mnuth Additiun to mafie a 65 foot bui].cling site, that is sp.l..it a11 the caay back to the f_reewa� fence, the same being 45E5 3xd Strect N.E., with the stiptilaiion that befoxe this goes to the City Council,., a new sur��e� be rrade of Lots ?.2 tl�rougll 26, and any propert?� lefi ori Lots 5 thrvug�i 9, B1oc1: 16, Plyrnouth Adciition, sl�owing the exisz.zng condztions ori tlicse 1ots, and t_he dedication of a 12 fao� dr_ainage and utilit� ease�nent, the existiny gaxage being �3lowed to encroach on this e�sement. tTpon a voice vote, a1Z voting aye, the rrtotion carried unar�imous 1 t� . . 2. CONTINi1rr�; PU�3LIC FIEIIR:CNG: CONSIDi RATION O�' A PP.OPOSFD PR1_:- T,ZP•7:LN11T:1 PI�AT, P.S. ;r 1�-0G, ZAt�I�i�P.' S iS`I' ADDI:�.i'ION, F3Y D�ILL•:Y IIO'`':�:5, -Li�C. • 11 l�ep�_c3L" O� LOt 3, AudltOr'� S SL1bG].V1SiOC1 NO. �2, e}:ce}�t thc Narth 169 feet of the Z�7est 164 feet� thereof, located Soutli of 61.st Avenu� N.E. bet�aeen I3enjamin Street and D�c I:inley Strce� N.r. Pui�lic I�eai-ing open. r1r. Ho��ard Nystrom ��ras present to represent the petitioner. Chai:rman Fi�tzpatr. ic}� said tlie Planning Commission continuec? tllis rcquest �•:itli four_ stipulations. Tliey are (1) Rec�u�st that i_he petit:iol�er have all thc surveyoi.s of: t:his property come up �aith a 5o]_ui�ion to tlle survey discrepancy, (?_) Ttiat ttze dLainage prablen,s be wo��}:ec� out to tlie satisfactioil of cveryone concerncd, (3) Rec{i�c=st a legal opinion from thc City Attorrlcy, t�hai� if the two surveys �irc noi: ii> >c�r.eemeizt, caauld the City in ap��r.ovinc� the f iiial plat, m�l}:e '�Ilclt. :illlVey Y�li1CIlIlC�� ind/or_ can final approv�.i.l Ue given to a pl�lt if ttierc rcn�<iiris a su�vey �liscrcparicy, ana (4) Pct.i.tionci to pro�,�icic� a cro��s SC'C�1.011 of hoca he proposes to t�.rrace the South property .L111L'.. rlr. Clar.3: said the first stipulation liad been resalved. PQr. � f �vi�.�.�ann �. ca��sc*r, ��3��s. 2324 �"JEST 110;i� STFtEE i 88�-��Q 55431 SURVEY FC?: aORUEN R . PE i `f�Si��! 0 �� C��'�; 3�y� i� CJF SU �V�Y {L�v�ti /�� N�•�� . �..�.a.:�... r.c �� '��l:s?i4�9 '* - � • nX�aaN=at7a+� `�e w,.,�`� LA�iIS :':Sf�V:.Y��5 Licr�nr,e�, €�SVr�c3 � �'�onded � a �il � , __� � _. ._ ,�;} !. /c� _ _ r� l ; �� c=; � , � 1� � Q — --- � � 3,�.3 3/,0 � v 4�, l ---��,�- l��s-rd� -- — � ( h i� -•f '�s'w. �(j � f{/�,�755 ; �'�` 1 �_ 3ti•.�x _ r._ I O Q � � � � i � �� 1- �� ;c$�3 _� _._ T�,7,.�� w �� f� �. �� %�. G ---g� —f :." , C.r �f_7�J�''� ' � � � i o [: i � � 4i! _ _ �,� /.1,2 — — � i 1 �� .� \ � t�,� ` � . �, �� z.4 �� .. i �. �, �"��,2��:�;i.�( � ��li) �'r, � .u.r.� � �'i; ! ` o 3a�2 a � ' t t U , l%� � �� . � � d _ � �- 1 ' ' ` � •':�, . 0 _- _ i,. --- _ , ��,� 4 C � � , i r �r �, (..EGAL I�ESCRIPTION: LOTS 22y?_3Q24'25 AND 26� E�LOCK 16� �LYt.10UTH I PdC�UD I NG ALL_ OF THE AL.I_EY VACATED. ��E HEREBY CEFT I FY THAT TH I S i S A TRUE Af�D COR�ECi R�Pb2�SEPJTAT 1 Ol'J C7F' A SUP.V�Y O� 7HE 80Jr1JAR 1 cS OF TNE LAi�D ABOVE DESCR I BED AND OF ''±THE LOCATION Or ALL B�JiI_DIieIGSs (�" A�JY� TtiEREO�'�o AND ALL VtSlE3Lc EPVCt20ACEf+�iEPJTS � 1� ANYo F"�OlW O� O�! SA i D LA1VD �,1S SURVEYED BY US 7� i s 5�H nAV o� D�c�r��k, i�7�. 0 � / �.��;''/_.�..�� .' /.�i./ ' ,xr �� l ..�_._.,s, ...[.1,��_��— P�1��v�„_r ��i�o� 56-43 _o � �VIL.1.fAM A. CA?�LSOiV, PRES. 2324 �VEST 110th STR�ET 888•2084 55431 5U6it/�Y FO�i; GOi�DO�! R; PET�P.SG�i C��T�a ��i��'� ��' S�°��/�`� �'r�..;__ "_ _ "�S �y.��.M...w �.�c ,�.utt.•w,Y �.4�..�.�/ t�,� LAs"dU �Li:�V�YOF2S Litr�r+s�d, insurQd � �or�dad 3 f S- , !✓a, �5 75 , C � � � a �f �, � _ — - yW' Q' i �, ,o o� ti � � � � ' - 4 - - /.�/.lo - - �� ,, , � � L�. � '� if� r� rl � � i � �`i 4 ,r. �- .i � � ,^1 � �r �� `_ 1 — " /.c�/•/O -- iL- -' t \ �o � �� __ � y !2 ,� � �? �^� I �- �- � ; � Q v � � � � .?� � r V � ' �� . � � __ r W 4ll /"= 30' L��s�� DESCR i Pl' t 0�3: Lo-r 26 A�� -t�w� I'VOFtTH 2_5 �� o� LoT 2�, B�.oc� � 6p Pi.Y�dOUTH 1 t`dCLl3U 1�1 -�'a r1LL Or'" T9-iE E;LLEY VAC1�'i'�s e �'�� 41ERE8Y C�R'� f FY iNAi TH ! S D S A'fi�ZUE AtUD CO�2��T R�P►t�S�:VYAi 6 G:�i o�' A stJ#21/EY o�' iH E 8ov;tDN� (�s o� Til� LAi�l�3 ��n�` U�s�:� � i�� Q,i"�D o`r" Ti�i � �o�AT t o�a o� AL� BU f L� t r1GS 9 i F' A^�Y, 't'H �2EO:�, �^�D aLL V i S! �L � �P�CROACH�AEfVTS' i F' AP�Y� f R�'� Ot2 O�l SA! U L�tF�Dp AS SURb�`l�D BY US TH t S STN DAY OF D£CE+�BER� ��7�„ � � � i� � � /�� '�� Mt r��. R�c, Notl 55� ' . � � GU � � r� .t �.� �. ., ORDINANCE N0. AN ORDINAIvCE RELATING TO TH� SALE OF REAL ESTATF.'D OWNED BY THE CITY The City Council of the City of Fridley �oes ordain as follows: �� SL=CTION 1. The City of Fridley i.s the fee owner oi the tract of land within the City of Fridley, Anoka County, State of Minnesota described � as £ollows: �' � � � � �� Lots 10 a�flc'.�, Block 6, Oak Gra�ve Addit:ion � All lying in Section 13, T-30, R.-24, City of Fridley, County of Anoka, State of Minnesota SECTION 2. It is liereby determined by the Council that the City no � longer has any reason to continue to own said property and the Council is hereby authorized to sell or entar into a centract to sell said pro- perty. � � SECTION 3. Ttie Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to effect the sale of tlie above described real estate. ADOPTED BY TIiE CITY COUNCIL OF TH� CITY GF FRIDLEY THIS �_ DAY � OF �. , 1974. ' � ATTEST': CITY CLERK - MARVIN C. BRUNSELL First Reading: Second Reading: Publish........ � i / � �� l,.� MAYOR - FI2AI�TK G. LIEBL 5 �.�✓ ,�`'� `�. �� _� , ` % � � 1.r�1� ` �l' ' J �! �`, 1� / '� � ' /^.''1 _� —'' -�� Ftt1 1 `� , � _° '_'. - --- � � �}r . ` � \ �---�� yl �� . 5 A ,, � ; ; ., ��l_t ' � � �- ' r 1� + ' ` r 5 � , � ! ,�._ ' '�-..�_' � -.-�- ; `' \ :' , � ,� � '-� — �\ �-_,.r i � L.._s-'� � i �� : � � ! i /� ' fC':.j ��'_.,� �{ ;� i --�- � `�j; � :,_.__.1 �w _ _ . .____ ._ �k._._�`! � �_. � - i �� ` o,'�._ � � \} , �/�.��. � �� •u-.-'' � � �( ,.'.`i+ { —i.-�. � � � � . �'� � �. '�:._':'"..� �'-`� f ^ — L`:4, '__^_.. �}. �; � � (i . �..�' ,.� /'�` i' , � ,. ; ,l . j , �a�---��» h II �. � � ( � �� . 1 . w ; ' s 'f ✓" �,�YY �� _—_�� __Y.f� I •' �T `•\ _ . j�/��.� . 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' .c-1�..a;w :IMAGI U Z i � W J J � � o � a _ U � � f. ; e� t' t' ` ._,� 7600 RICE CREEK ROAD ! MINNEAPOLIS, MINNESOTA 55432 / AREA CODE 612 / 786-1600 December 11, 1974 City Council City of Fridley 6n31 University Avenue N.E, Fridley, Minnesota 55432 � Re: Building Permits fore 1616 Rice Creek Road, 1613 Briardale Road, 1633 Briardale Road, 1608 6riardale Road, 6181 Benjamin Street, 6141 Benjamin Street and 1631 61st Avenue N.E. � Gentlemen, Please consider this letter tn be my rea,uest for the placing on the � agenda for the December 1G, 1974 Courlcil �leeting of tl�e matter of extension of the building permiis I have previously secured with reference to the above subject properties. � , � I am requesting that the City of Fridley permit me to com�lete the construction on the above properties based on the fact ihat they were va1idly obtained in good faith and the fact that I have commenced const��uction at all properties, L fee1 that to charge.me an additional fee for building permits again or� these same properties would be an unfair and discriininatory practice and would not meet either the spirit or the letter of the applicable law. We have always tried to cooperate to the fullest with the City of Fridley and I hope that you agree that our work has been a credit to the community. Thank you for your courtesy, cooperation and attention. � Sincerely, � .�c l� �r-< <��" �%. 1 Ri cl�ard N. Mi 11 er ��,�. /� RNM:cs � cc: Darrel G. Clark Virgil Herrick Nasim Qureshi , Dick Sobiech Victor P. Seiler, Attorney � � I � l:� � :� �� ' � , � L� , �� , C � � � � � � / 560-3450 `��r� �' �� b� L� � � ANOKA COU�l7Y 6431 UNIVEF',SITY AVENUE NE October 25, 1974 Richard rliller Homes 1600 Rice Creek Road Fridleyr Minneso�a 55�32 Dear rir. Miller: FRIQLEY, MINNESOiA 55421 • Th.is office thanks you for submitting as-built plans for 16I1-61st AvenueF the same �eiz�g I,ot 24, Bloc;: 3, Briardale Ac�dition. .F� chec?� of our records indi.cates that no fina`1 inspection has been approv�d foi tnis buil.ding. Our_ inspection report ;;31,790 made on Febr.tiary 2, 1974.sho�.as an inspection card was posted stating, "Occt�pancy not permitted unfiil ins5_de rai.ling on cainding stairtaay approved, contac� Insp�ction D�partment." F7e are putting one of the new plans in our �i.les and returning the second copy to you F:ith notai-ions on the stair�4ay that. explain Code requiremen�s. P7e are also retur.ning the �lan you fzrst submitted for th.is lot. F7e also at this time are giving you written notice that building permit numbers 11,950, 11,941, 11,347, 11,94£3, 11,943, 11�953, and 11,93£3 are na„r null and void. (1) Permit Number 11,950: was issued for 16Q8 I3r.iardale Road, the same being Lot 15, Block 3, B.riarc:ale Addition_ The pern;it was i;;sued on December 29, 19%2 and constriiction was held up by the City until January oi 1973. To date nothing has been done that would constitute the start of c:onstruction, thereby renderin� the pex-mit void. (2) Permit Number 11,9a1: was issued for 6181 Benjamin Street, the sarne bcir.g Lot 17, Block 3, Briardale Addition. Tne permit �vas issued on December 29, 1972 and construction was held up by the City tuitil Januzry of 1973. T� date however nottiing has been done that would constitute the commencement of cons�ruction, thereby rendering the permit void. (3) Perriit Numb4r 11,947: was issued for 6141 Benjamin Street, the same beinq 1 Lot 21, Block 3, Briar.dale Acldition, The permit �vas issuc�d on December 29, 197?_ and to date riotning has b^en done that would cons�itute the star� of construction thPreby reiidering tlie p�rmit:. null and void. � � (4) Perr,iit Nu.*�ber 11, 9�?8: was issued for 1631. - 61st Avenue, the same bei.ng LoC ?.6, Iiloc}: 3, Briardale Addition. 'i'he permit �oas issued on December 29, 197?. and to date nothing has been done that would constitu�e the start of construction ti�erc�by renderiiig t}ie peri;,it iiull and void. . 6� , Richard rliller Fiomes October 25, 1974 Page 2 � (5) Perrait P1um.��r 11,943: was issued for 61G Rice Creek Road, th� s�ma being Lot 2, II.loc'r; 1, BriarGale Addi.tion. The perrnit �aas issueci on Uecer,tb�r 29. ' 1972. Our inspec�ion records indicat:e that ttie footings were poured on or about Septer:�er 21, 1973. Since r.lore tYian 120 days have el.aps�d since any visab�� const.ruction has occurred on the home, the City has no choice but to d�clare the permit null and vo�.d. Since this b�sement has been le=t open and cons�itut�s a � life hazard, you must fence the area. off so tnat the basement is inaccessible to the public. ' � � ' u (6} Permit Nu.�er 1I,953� was issued for 1.613 Briardale Road, the same beinq Lot 6, Block 2, Bri.ardale Acidition. ��'he permit was issued on Decemb�r 29, 1972, Our inspection records ind.icate that the footings wer_e poured on or about August ' 13, 1973_ Since more than 12G days have elapsed si.nr.e any visible construction has occurred on the home� the City has no f:hoice but to decla�e the permit null. and void. The basenerit on this lot must also be �encecl to prevent the probabi?ity of an unsuspecting person from walking and tall.ing inko the base.ment. (?) Permit Number. 11,938: was issued for J.633 I3riar_dal.e Road, the same bein� Lot 8, Bl.ock 2, Bri.ar_dale Addition. �'he perriit �oa�s issi�ed on llecer�.i�sr 29, 1972. Our inspection records indicate that the foatings were pourec� on or abou�. August 8, 1973. Since more than 120 days have elapsed since any visible progress has be2n made on the home, the City has no choice but to declare the pernit null and void. The baseament on this lot must aZso be fe.r,ced. ��7e would appreciate your prompt attenti,on to resolviny these matters. If any 1 questions or problems arise from this letter, please �eel free to contact me at 560-3450. r � � D�C/mh � � t 1 ' �J S�_ncerely DARREI, c. cr�A�: Community Developmen� Adm. CITY OF FRIDLEY PLP.NNING COMI�4ISSION ME�TING - DECEI�4B�R 4, 1974 CALL TO ORDI:R : PAGE I 7 Chairman Fitzpatrick called the meeting to order at 8:00 P.r2. ROLL CALL: 0 0 Members Present: Drigans, Fitzpatrick, Harris, Lindblad, Langenfeld Members Absent: Blair Others Presei�t: Darxel Clark, Community Development Administrator APPROVI? PLANNII�TG COMI�IISSION MINI7TE5_: NOVEM3ER 20, 1974 MOTIDN bt� Drigans, seconded by Lindblad, that the Planning Cvmmissioi� minutes of the A'ovcmber 20; 1974 meeting be approved with char,gcs which are: Page 10, paragraph 3, sentence changed to read, Th�re was also discussion as to some ty��e of policy ordinance t11at should be developed k�hereby the Environmental Quality Commision would be used by the City as a vzab.Ze commission in the area of e.��vir- onmental concerns, and on Page 13, paragrapi� 2, sentence changed to, Mr. Drig�ns said he had mentioned at L-he meeting on November 19�h that if the City is qoing to have some type of Envir.onmental Policc� Act, sucl� as L-he State has, and untiZ that time, the Council couJd pass a reso.Zuiio,� plac.ing the Cheir_man of the Environmental Qualit�� Comm.ission on the P.Zar�ning Commission either as a fu11 member. or ar� ex-ofi'icio mer.iber. Upon a voice vote, a11 voting a��e, the. minutes were approved as amended. R�CLIVE PLATS � SUEDIVISIO\S-STREETS & UTI�ITIES SUBCON�MITTEE MINU`l�ES: NOVTI�iL�ER 19 , 19 7 4� . � MOTID�'�T by Uarris, seconded by Lindblad, that the.Planning Commissi.on receive the rninutes of the P.iats & Subdivisions-Street & Util.iiies Subcomm�.ttee meeting of Novem.ber 19, 1974. Upon a voice vote, a11 voti_ng a�e, i�he motion carried ul�animously. ].'.]:CTTVL; BUILD1:t�TG S`i'ANDAPDS-DESIGN CONTROL SUF3CO��MITTEE MINUT�S : NOV- LD2}3LI: ?1., 19 i�� h10TION b� LindLlad, seconded by Driga��s, tilat the Planning Co�muissio�� recc.ive the minutes of the Building Standards-Design C.oni:rol Subcolrrmztt.ee meeting of Novemt�er 21, 1974. Upon a voice vo%e, a1� voting ay�, th� mot�ion carried unanimousl�. 1. PUI3L7C TiLARING: CONSIDERIITTON OI' A PROPOS�D PR�LIMINARY PT_,AT, � P.S. ;�74-Of3, I13;121�1��1I, IZICI., CP.1�,L•'I� TLI;RIICE, 13Y GI.ORGL L. wnLQUlS'L': A r..�plat of Lot 1 and Out].ot l, Block 1, Don's Addition, located at the Northwesi� quadrant of Itice Creel: Road and •Central Avenue N.E w ' � Mr. Richard Walquist caas present to represent the petitioner. Chairman i�'itzpatrick read the Public Iiearing notice. � � , �� ' � ' �J � I J � ' � ' � , 7A Planniriq Commi.ssion Meeting - December 4, 1974 Page 2 Mr. Clark said that the land in this plat is between Rice Creek Road and ihe Westerly extension of 6�th l�venue. Easl��of this plat {-h�l� ar_e a series of double bunqalows that face Pierce Street and are adjacent to Central Ave�ue on the ��I�st. He said the property caas all zoned M-1 (light industrial) c�I1C� wi.11 be platted into five lots. The first l�ot is occupied by a moving van company. There are no p].ans for Lots 2, 3, and 4, however, on Lot 5, there is a tentative purchas� agreement by a company that c�oes rus�-proofing of automobiles, etc. �Ie caiitinued that thc buil_ding that was drawn in on Lot 5 was noi� necessarily the building that wo�zld be built on this lot, but �aas �Lhe largest building that could be buili� and meet the setback requiremen�s ��zd yet stay far enough away from the sanitary sewer so i�liat: it could be maintained. He sa.i_d tha�. 15 feet was as close as �•�e would want the building to be to this sanitary sewer, providing that the footing elevatian was 877�5 above sea ]_evel. That is on the basis oi a slope o� 1 t� l ratio to the pipe. If the footing was deeper the easement could be smaller, and if the footing was less, it would bc la�:g�-r.. The elevation oi 877.5 woul_d be 6 feet below the present gr_ade of Rice Creelc Road. Mr. Clarlc said there was a memo from the Engineering Department showing the different elevations and what th� easement would have to be �or each ozze, and tlze petitio.zer could have a copy of this so it wau]_d giv� him an option as:to cahat elevation he caould Eaant to use. He sai_d the property was about three feet below th� grade of Rice Creek Road at the present time. Mr. Clar): said there was a se�aer line that runs along the j�lest boundary of t}zis plat and this d.oes sever Lot 5 about 1J3 of tlie way from the P?esfi bouz�dary line. T�iere was also a arainage ditch along�Rice Cr_eek Ro�d �,�hich is on both L�ts � and 5, and there ta�as anoLher drainage ditch running along the Westerly boundary of this plat, whicii was not shown on tYie prel.iminary plat, and this ditch was between 10 and 15 feet.from the boundary line. Mr. Clar_}; said that all lots in DZ--1 zoning have to b� at least 3/4 acre. Lot 2 is about 400 square f_eet slzort. He said that t�,To feet could be taken fr.om Lot 3, so Lot 2 could be 115 feet which wculd make LoL 2 3/4 acr_e. Lot 3 is deeper than Lot 2, so this lot would stil7_ meet -Lhc area requirement� Mr. Harris said that at the P1ats & Subdivisions-Streets & �. U�ilii�tes Sul�com�ri.ttee mee'.�ing, they V,�er_e i�old L-hat the owner of Lo�L ]_ wanted to acquire some addi_tional land. Mr. Clar_k saic� the pre.liminary plat reflects i�his now. Mr. Clark said the moving comrany wants to us� this land for storage and i�hey didn't know if they cou�d get� a pezmit to build these storage facilities. Lot l, as shown on the p1a•�., includes land that is not presently owned by the occupant ot Lot 1. Mr. Fitzpatr_ick said this really docsn't enter into the consiaeration of the plat, however. Mr. IIarris said that the petitioner has met all the stipu?�t�;dn� ' of i�he Plats & Subs Subcommittce except the stipulation for a drainage and utility easement alonh the Westerl�. property line for the drainage ditch and sanitary sewer line. ' Mr. Driqans said that he felt tt7ai: by i:aking two feet off Lot 3 and addii�q in on to Lot 2, this would malce Lot 3 a narrow lot. i�r. ' 7� ' in Commission Meetinq - December 4, 1974 Page 3 rlann g , Clark said the stipulation could be that all lots acre requirement and leave it to the petiti�oner to liiZes. � � ' � I� � , me�t the 3/4 shift the lot Mr. fiarris asked Mr. Clark if it was the City's i�tent to go along with these drainage ditches instead of storm sewers? Mr. Clark said the Rice Cre�k W�tershed Distr.ict either has a policj or a 1.aw in �alzich they will not alloca us to put apen drainage dii:ches into pipe, because they want tYzem ta act as sediment basins, for salt, fertilizers and such, that would be running off the streets, to keep these things from goin� into Maor_� Lake or Rice Creek. He said thai� if they did pipe part of the ditches that were g�oir�g over �Lo i�arris La}:e Estates, for instance, they would have to put in sump pumps intermittently a7_onq it to allow for scdi_mentation. Mr. Harris said then this �aas basically the system that would remain in this area. He asl:ed how the drainage would be handled on tha.s pl_at. Mr. Clark said he thouqht the lots that were facing Central Avenue would drai» the front par-t of the lot towards Centiral Avenue, and the rear of the lots would drain to the ditch on the Westerly boundary, and then down to Rice Cree}c Road. Mr. IIarris said so they could have a � had gotten permission way. ' ' ' � � Mr. Fitzpatrick dr_ainag� on the plat_, of the property. there would have to be a culvert for Lot 5, driveway. Mr. Clark said that Mr. Walquist irom the Coun ty to put a pipe under the drive- said it seemed that th�re was provision for and the rest would be handled in the grading Mr. Clar3: said the accupancy for Lot 5 was ad�rertised for a Special Use Permit for the next Planning Commission meeting, so th�y wou]_d get a chance to discuss the size and location of the building on this l.ot at that time. Mr. Fitzpatric}c said the approval of the Special tlse Per_mit doesn't have any bearing on the approval ot the p1at, did ii�? I�Zr. Clark saicl no. Mr. Walquist said that this plat started with the discussion by the o�mer of Lot l, who wanted to pick up additional fr.antage along Central 1lvenue, and during those discussions on how to break up this property into additional lots, the other party came in and asked about developing Lot 5. Mr. Clark said � this property could plai: the property as , ' Mr. Walquist did inquire about a lot split so be developed, but he recommended that Mr. Walquist a better soluti�n. , Mr. I'itzpatrick askec? about the ownership of the entire plat. Mr. Walquist said there were two ownerships of Lots 2 through 5, and Lot 1 is owned by someone else. FIe said one owner owns 50 feet of Lot l, as it is now platted, along with Lots 2 and 3. "The other owner owns Lots 4 and 5. Mr. Drigans asked ' fir.st place. Mr. C1.arY. pci.itioner_ has pr. operty � of the plai�, so l�e sets ' ment. why this was designated as an outlot in the said it is a tool of platting when the that he isn't r�ady L-o develop with the rest aside pari: of the pr_operty for future dcvelop- , ' ' ' ' � � u ' �-, I � ' � , l I � ' u ' ' Planninq Commission Meetinq - December �, 1974 Page 9 7 C MOTION by Lindblad, seconded by Flarris, that tl�e Planninq Comrn.zssion close the Public Flearing on the consideration of a preliminary p1at, P.S. #74-08, Herwal Rice Creek Terrace,.by George L. Walyuist. Upon a voice vote, a11 voti�zg aye, th� motion carried unanimous.Zy_ b4r. Clark said he would like the memo from the Engineering Department as part of tlie motion. They could probably call it Exhibit "A", and alsa the drainac�e easemer�t for the ditch along tlie Westerly Uou.ndary slzould be wide enough so e,e could maintain a three to one slope on its banks. Iie said he couldn!t te1Z the I�.lanninq Commission how wide it should b�, because he didn't know how muc}� fill i� wauld take to make the property higlzer than the ditch. He said that ma��be h1r. Walquist ��aould go along �aith a 30 to 40 foot easement for both a drainage arid utility easement in this area. He said t1Zis property line is adjacent to R-2 property and they taill have to maintain a 50 foot setbar.k fr_om thi_s zoning in a M-1 District. �4r, C1ark said this setbacY. coul_d be used for s�Lorage and par};ing areas. If thc Plannir�g Commission stipulated that anything 15 feet from Lhe East side of the sanitary sewer lin� to the �aest property lin� "be dedicated �or draa_nage and utility �asement, this would take care of it. h90TION b� )larris, seconded by Lindblad, that the Planning Commission recommend i:o Counc�.Z approval of the preliminary p1at, P.S. �t74-08, Herwal Rzce Cr.eek Terrace, by George L. Walquist, a re�lat of Lot 1 and Ouilot 1, B1ook 1, Don`s Addition, located at the Northraest quadr_arit of Rice Cr.eek Road and Central Avenue A�.�., with the foZlow.zng sizpulations: 1.. AI1 the .Zot sizes meet the re�7ui.rement of 3/4 acre. 2. A drainage and utility easement b� established from 15 feet E�st of the Sanitar� 5ewer pipE to the Westerly property 1ine. 3. Dedicate a 30 foot drainage ditch easement on the South property Iine. 4. Footing elevations to be adjusted as per memo from the Engirieering Department, daied Decemhcr 4, Z974 and designated as Txhibit "A". ' Upon a voice vate, a11 voting aye, the motion carried unanimoUSly. 2. PU]3LIC Iir11}2ING: R��U�ST FOR A SPECIAL USE PERI�SIT, SP #74-15, �ItI�NiC'S NUP.SI:RY: Per Fridley Cit�� Code, Sectioll 205.101, 3,N, to �allow thc outside storage of inerchandise behind an unscr_e�ned chain link fence, to be located on Lot 1, Block l, Fast Ranch �states lst Addition, together with the �asterly 120 feet of that part of th� NWQ of the NWi of Section 11, T-30, R-24, lying North of Osborn� Road and West and adjacent to Lot 1, Block l, East Ranch Lstates lst Addition, the same being 7G20 University Avenue N.�. Mr. Jerry Schroer was present to represent the petitioner. � , Planning Commission Meeting - December 4, 197�__ Page 5 MOTION by Dri.gans, seconded by Lindblad, that the P1a�ining ' Commission waive the reading o.f the Public Hearing notice on the request for a Special Use Permit, SP #74-.i5, by Frank's Nursery. Upon a voice vote, a11 votil�g aye, the motion carried unanimously. � i , ' , � � 7D Mr. Clark said the main reason for this request was that they want to put i.n an outside display west of the present structure, and they do not want to put up a screening fence. He said this was before Bu7.lding Standar_ds a couple of �aeeks ago and the plan was appr_oved with the stipulation that if the petitioner did not put up a screening fence, he had to have a Special Use Permit granted by Council to put up an unscreened chain link fence. A�r. Lindblad said that normally Building Standards ask for a wood fenc� ox a chain lin}: fence that was slatted. Mr. Clark said the area we are taking about is about 100 feet from Osborne Road, and was an area us�d mostly for sales and storage. Mr. Schroer sai_d it would be used mostly for retail sales. He said that rrank's Nursery takes a little different view of a close out sale in the fall, so to speak, and they basically sell down,to noth.ing. He continued that this ar�a would be used to sell nursery stock and bag goods in the spring of the year. The bag goodswould be�Yept along the i^iest fence line. � Mr. ritzpatrick said the fence we are discussing will be bet��een the blacktop area and the new nursery bed, then. . � rsr. Harris ask�d about the zoning of this prop�rty. Mr. Clark said it was C-2S (general sho�ping areas). ' � Chairman Fitzpatrick said the Special Use is for sales of merchandise in the open then. Mr. Clark said this was correct. Mr. Harris said he felt this should have gone for a variance rather than a Sp�cial Use because it was just a change in the fence. Mr. Clark said that in a commercial area, ' stor_age of inerchandise in the open, it requires and this was basi_ca11y what it was. if ther_e was outdoor a Special. Use Permit, ' Mr. Lindblad said this area was no longer the way it had been in the past. A 1ot of changes ha.ve been made�. Tlzey are not going to have concrete blocks, etc. towards Osborne Road. The frontage that � faces Osborne Road was shrubs from Osborne Road to the parking area. There will be no stoi-age in the front, it wi11 all be in the rear. Mr. Harris ask�d what section of the code was being used so that ' this required a Special Use Permit. Mr. Clark said it was 205.101, 3, N. Mr. Drigans said he thought it should be 205.101, 3, 0. Mr. Clark said the section of the code quoted says trailers, campers, mobile homes, boats, machinery, sporting equinment and like enterprises ' having its merchandise in i:he open and not under cover of a displ�y room." ' ' ... . � � � ' �� Planning Commission Meeting - December 4, 1974 Pa9e 6 7 E Mr. Harris said as he reads the Public Hearing notice, this was a special use to take out the screening fence. Mr. Clark said he either had to put up a screening fence, or get a special use to store the nierchandise in the open. Mr. Drigans said then the code says you have to have a screening fence to havc outdoor sales. Mr. Clarlc said no, you do not. DSr. Harris said the code says you have to have a special use permit. Mr. Drigans said they must have a specia.l use permit for outdoor sales, becaus� they have been selling out there for years. Mr. Lindblad said the basic reason they had been asked to put up a wooden fence in the first place, was not that this was a sales area, but because this was a storage area. He said the Building Standards-Design Control Subcommittee always recommends a screening fence when outside storage was visible from the street. Mr. Harris ask�d what section of the code was being used as the basis for a screening fence? . � Mr. Clark said that our interpretation was that if you want to have di_splay merchandise, whether ii� ba boats, snowmobiles or nursey stocic, in the open, why would you want to screen it? Mr. � Harris said that was not what the ordinance said. Mr. Clark said it do�sn'� say anything, it says out in the open, not under.cover of a display salesroom. • ' Mr. Fitzpatrick said then �ahat you axe sayi.i�g is that this would be allowe� with a Special Use Per_mit, if there was screening. He, said he thought outdoor sales required a Special Use Permit whethe.r , it was screened or not. Mr. Harr_is said this is what he thought also. Mr. Harris said he still wondered where the screening fence came from. � �. ' Mr. Cl.ark said this came u� at Building told him to eithei put up a screening fence, Permii�. Mr. Drigans saic3 then the scr�ening and is not a violation of the code. Standards where i:.hey or get a Special Use is merely a stipulation, Mr. Lindblad said this has been a recommended policy for some time. Mr. Harris said it has been arbitrarily recommended, let's put it that way. He said he could take someone all over the community, and some places we do, and some places ti�e don't. , M.r. Lindblad said he didn't think Mr. Harris would f ind that in the last two or three years. 1�Zr. I-iarris said he could show where it happened last year. Mr. Lindblad asked where this was. Mr. Iiarris said the nuilding Standards probably didn't even sec it, and it was � arbitrarily done. Mr. Harris said th� code has been arbitrarily adminis�trated ever since it was adopted. ' Mr. Drigans asked Mr. Schroer if Frank's Nursery already had a Special Use Permit to sell nursery stock? Mr. Schroer said they did. Mr. Urigans said that he felt that was all they needed. Chairman , P'itzpatrick said that there was a stipulation on that Special Use PermiL- that they have a screening fcncc. Mr. Drigans said this was just a si:ipulation, and not a violation af the code. Chairman ritz- ' �' , �.�• _ ' ' ' , ' ' , ' ' �I ' P].annin� Commission A7eetinq - December 4, 1974 Page 7_ patricic said ti�is was a stipulation of the Special Use Permit, so where we are now, was that they wanted to continue to do a� they have always done, but without the scr�eninc� fence. 7� Mr. Clark said that Frank's Nursery was doing things a lot dif�erent than the way things were done before. He said the merchandis� area had l�een moved way bacic on the lot, that they had put in berms and shrubbery iri front: of the parking area, and the entire area caas very much improved. Mr. Fitzpatrick said it was a much improved business, and yet he felt they were still operating within the Special Us� Permit they already have, with the exception of the screening fence. . Mr. Harris asked D2r. Schroer how tall. the nu.rsery stack was. Mr. Schioer held out his hand and sl�owed how h�_gh the shrubbery was, and he sa�.d the trees were taller. Mr. Iiar�is said he would have to c�:t all th� i�rees of� at six feei�, because this is what �he code says. �t says you can't have a scre�ning �ence over eight feet high , and anyi�lii_ng behi_nd the screening fence has to be t�,7o �eet shorter . Chairman Fitzpatrick said they weren`t �hinl:ing abou-t nux'sery stock when they wrote the ordinance. Nr. I3arris saia they weren't thin;tiing aUout anything. Obv?ously, the person ��ho varote this didn't Y.now what hc, was writing. Mr. Fitzpatric]c said this was written for the stacki_nq of inercliandise behind a fence. He said this wouldn't pre- clude acting on this petition. Mr. Drigans said he didn`t see ho�� i�hey could ac�. �n this petitian. Iie was afraid that if we did ttiis, he could �ust see this c�mpoundinqe �v�ry �ime someone wantcd to put up a fence, Building Standards wc�re goir7q to tell_people to get a Special. Use Permit,. and he did.� `-L- feel this was required. He said tYla-�. the section of the cod� that this Uusi.ness was operating under, do�sn`t require a scr.eening fence. Mr. Fitzpatrick said the Special Use that he was op�rating under had a si�9_pulation thai there must ne a wooden screening fence, and -L-hat's what tl�e petitioner wants to chanqe. � Mr. Drigans said he thought cahat the petitioner should do was fjust ga to the City Council and say he wants this fence, and ask tnem to waive this stipulation on the Special Use Permzt. ' ' Il ' ' I ' Mr_. Lindblad said then Mr. Drigans would be fightii�g everything thai the IIuilding Sfandards-Design Control Subcommittee had been sugc�esi�ing and enforcing. Mr. Drigans �aid that these were only si�i.pulations. D'Ir. Lii7dblad said that was right., but the object of Buil_dinc� Stanclards «as to make some of these places a little more attractive to the people who have to look at them. If Mr. Drigans was qoing to ta}ce that point of view, then there was no point in Building Standards requesting or suggesting anything. He said it was just lilce pre cast curbing, which we really don't approve of, but lie said he didn't know if there was anything in the code that said they cauldn't be used. Mr. Iiarris said just a minute, iie told Chairman ..I'itzpatricl{ that he wished to step down from his position on the Planning Commissian and tal:e issue with ttie City admini.stration and the "nuil.c�ing Standards Chair�nan. In his own p�rsonal dealing witl�. them, Ure have been fo�ccd to put in concrete curbs on a particuiar praject of ours, when we ----�--- i ' Planninq Commissa_on Meetinq - December 4, 1974 Page 8 % � had requested to put in pre cast curbing for drainage purposes. ' He said he thouqht the code had been ar�itrarily and capriciously administrated since 1969. He said he wasn't saying it was all the administrat�_on's fault. Th� ordinance, in many cases, was lacking in candor and knowl�dge of the situation as it exists in the City ' of Fridley. He said that he personally fel�. that the person who wrote the ordinance hasn't the fainiest idea of what's going on, has never driven anything larger than a half ton pick-up truck, and ' sits in an ivory tou3er someplace and doesn't know anything about business, building or anytl�ing else. He thanked the Planning Commissio;: and said thai was a11 he had. to say on the subject. . ' �J ' ' ' ,. � � ' , , ' ' � I� � Mr. Drigans said he ur�derstood what the Building Standards- Design Control Subcoir,mittee was trying to do when they try to enl�ance the surrounding property, but he thought th�y extended themselves a Ii�tle too far t��hen tl-iey direct a petitioner that they must have a Special Use Permit, or_ get a variance, when in essence they were not violating any codes. They are only attachinc� a recommendation or a stipulation, and he tl7ought that if the petitioner wanted to take issue with a stipulation, that it should go directly to Council. He said he�could see nothing in the code that says the petit-ioner must have a scre�ninr� fence. Mr. Fitzpatrick said there was a stipulation on the existing Special Use Pernlit �Lhat says they must have a wood�n screening fence. Mr. Drigans said then they are being asked to get a Special Use Permit on a Special Use Permit. ' Mr. Clark said that when this Special Use Permit was issued �there were certain stipulations put on this Special Use Permit. Now the pe-�itionez: has come up wii�h a new plan, and he doesn't want the wooden screening fence. I-� was the Planning Commission and the Council who originally approvea this SpeciaZ Use Pexmi-� with this stipulation. Now �he petitioner was back before the same body asking to have the stipulation for the screening fence removed. Mr.�Drigans and Mr. Harris said they did not get this in�ormation from the hearing notice for this reques�. Mr. Clark said the reason this was brought to the Planning Commission`s attention was because the petitioner was no longer providing a screening fence to keep this area from being out in the open. Mr. Pitzpatrick said the reason this stipu]_ation was put on the other Sp�cial Use Per_mit was because we were screening something that caas much clos�r to Osborne Road, and his interpretation of the pr.escnt peti�tion was simply to have a Special Use Permit without that stipu- lation. Mr. Harris said that the petitioncr was in essence asking that the screening fence be removed. Mr. Clark said the pr�sent location of the nursery stock would make this scr�ening fence unnecessary. Mr. Lindblad said he thouc�ht that he was under a misunderstanding as far as thc Building Standards-Design Control Subcommittee was concerned. It was his understanding that this SuUcomniittee was a recommei�di.ng and advisory , group sei: up by Council to give recommenda- �.ions and advice to the Council. lie said they didn't have any say on wheth�r this or that was done, we jusi� make suggestions on how we think somet-liing could be done bett�r, whet:l�er this is code or not °,,.°".. .. I ' Planning Commission Me�ting - December 4, 1974 Page 9 7 N ' cod�, it's still strictly up to the Council. For instance, the code says a building has to be painted. If they really want to get nit-� pickiilg, i�hey can �ust paint it one �olid color, but we suggest maybe brea}:ing this up into diffcrent colors, using some brea}:-off bloc}:, , or other mc�ans, so that wt�E�n this building is constructed, there a.s some type of break in a long wall. As far as this screening is con- cerned, he said he didn't care if it was code, laca or wllat have you, ' he didn't care at his poin-L-. P7e recommend that some things have to be scr�encd, and ti�hy it has to com� to a Special Use Permit, we don't care abou� that eit�her. It's just that he thought the Subcommittee was supposed to be doing a job of making recommendations to the Council, ' who can over-rul� us whether we li}�e it or not. ' �I' ' ' � � I; Chairman Fitzpatrick said that in this insi�ance, he thought the Building Stzndards-Design Control S u}x ommii�tee had a good reason for stipula�Ling the vaooden fence at the tim� that they did,�but now that the plans have changed, he didn`t think they �•rould make the same stipu].ation now. Mr. Lindblad sa]_d hc thought when it got right down to it, they were saying the �uil_ding Stanc�ards-Dcsign Control SubcoiYUnii:tee wasn't necessazy and everyone should just inter.pret the code any .v�ay :they want to. That's what seems tv be beinq said here, if we recommend anything that's not speci�ically in the code, we ar� wasting ou'r.�time. Chairman I'itzpatri_ck said that stipulations can be recommenciede Mr. Lindblad said i:hat is what happened on thise �ti'e made tl�e recom- mend��Lion that �he screeni�ig fence rernain, and the .petitioner did not vaant this because he wanted his display visable and open. Mr. Lindblac� said why this r_econlmendatian ior a Special Use Permit didn't go directl�.� to Counci.l, instead of being a-outed ta the Planning Commission, he really didn't know. • Mr. Harris said he thought the basic fault lies with the ordinance. ' He said that he didn't think the ordinance even comes close to beiz�g able to handle the si.tuations �ae get into. If you go through the screening section, it was obvious ttia� it V�as inadequai.e and just= ��on't , fit any of- the problems. He said that as he read the petitioner's requesi�, t=he basic reason fo.r Ll-iis ��iice was f_or security. He said that maybe this wasn ` t i�he time to di_scuss t1_zis, bui: ma��be we should , get down to the problem of why we have fence�. If it is for s�curity reaso�is, tlien obviously a wooden fenc� or a slatted chain link fcnce wouldn`t be f-or security. Th� police couldn't see through a solid fcnce, and anyone could hide behind such a fence. If it's a fence ' bet�aecn residential and cornmerical or industrial property, then you need a.screcning fence. There is no place in the ordiriance where these different situ��tions are taken into account. He said the Planning ' Commission wou]_d really have to rnak� a greater effort to get through thcse ordinances so we can make some recommendations to the Council. ' � � Chairman Fitzpatric}: said he agreed that there were many sections of the coc�e that need�d recommendations for change, but he didn't think the presc�nt petitioner should Ue held up on his rcquest. He has a lec�ititnai:e request, and a reconunendation should be made one way or the other. �J , ' L_J , L� ' , ' 7I P].anning Commission Meeting - December 4, 1974 Page 10 1�. llrigans said tha� what he thought was required by the Planning Cc�:nmissi_on was a motion to Council recommending that they modif.y the existing S�ecial Use Permit stipulation for a wood�n screen- ing fc�nce to an unscreened chain 1inl� fence far security. He said he thouqht this �aas the motion to be made for t��o reasons, one� being that lic didn'i. think a Special Use Permit was necessary �or a fence, and the o�her reasoi� �aas bccause he thought the wrong section of the cade ��as used in the Public Hearii�g notice. h10TIQN by Drigans, seconded by Harris, that tl�e Planning Commissiol� close t)le Publir. Hearing on t11e request for a Special Use Permit, SP �174-.Z5, Frank's Nursery. Upon a voice vot•e, a11 votir�g aye, the motion carr.ied unanimously. T70TION b� Drigar�s, seconded b� t�arr_is, that the Planning Comr.ii.sszorZ recomrizend to Council that the request for a Special Use Permit, SP 4�74-15, by Frank's Nvrsery, per Fr�dley C�.ty Code, Section 205.101, 3, N, to a11.ow the outside storage of inerchand�se behind an unscreened �hail� ].ink fel�ce, i�o be 1.ncaied on Lot 1, B1ock 1, East Ranch �states 1st 11dd.i.tion, together with the Easterly 120 feet of that part of the NF;r4� of the NFa'; of Section 11, T-30, R-24, Zying North of Osborne Road an�I [Jest ai�d adjacent to Lat 1, S1oc}c Z, East Ranch Estates Ist Addition, L-he san;e being 7620 Uni�rersity Avenue N.E., is na•t nece.ss�3ry, and recommend that COi17IC11 modif� the e�:isting S�eciaZ Use Permit, 5Y �`71-07, to change t1�e stipulatian of a wooden screening fence io . a chain link fence for security purposes. tfr. Langenfeld sa�_d t�iat i� the merchandise on �display �r�ouia � b�come a visua]_ hazard, he felt that at that time,��this request should be reconsidercd as to whether tllis area should be screened or not, or. else fihey should move the display under cover. ' ' , ' C� ' � ' r Dlr. Diigans asked rZr. Langenfeld what he meant by a visual hazard? A�r. Langenfeld said �.t �ouia be something that was unpleasing to the eye. Chaiiman Fitzpatrick said that originally when the fen.ce was required, this business was 30 feet i�rom the road, and now we ar_e talkinq abou.� ii�l�eing setbacY. almost 150 feet from Osborne Road. Mr. Drigans sa.id he didn`i� see that this woul.d ever create a visual h4za�d. Mr. Schroer said that no one has asked for it, but he was willing to take a portion of the wooden �ence, that has been taken down, and put it up fr_om the building zrid on out about 30 feet. All the tool.s and nurseiy stocic that has ta be brought bacic to laok good again, would be stored behind this wooden fence. Mr. Langenfeld asked wtiere they kept their bales of hay at t}zis time? ��Mr. Schroer said they kept them underncath.the roof. UPO.N A VOICE VOTE, a11 voting aye, the motion carried unanimously. 3. PUI3LIC �iT?ARING: RE�UI:ST T'OR A SPrCI11L US� P1,RMIT, 5P �#74-16, BY TtI,YNOLD 1,. S�^��'1NSON: I'er Fridley City Code, Section 205.1U1, 3, N. �; pernlit thc exi�ension of the present Special Use P�rmit for a �IoLilcliomc Sales Lot, located on i�he W�st 375' of Lot 3, 1luditor's Subdivi.sion No. 89, subject to a street and utility easemerlt ovci the Westerly 40' thereof, the same l�eing 7151 Ilighway #G5 N.F. �.�...�r_ � , � , ' ' ' Planning Commission �ieeting - De�ember 4, 1974 Paqe 11 Mr. Reynald Swanson �aas pr.esent. MOTIDN by Drig�ns, seconded by f/arris, that the PZanning Comrnzssion wazve the. r.eadir�g of the Public Hearing notic� on the request for � SPecial Use 1'ermit, SP ff7�-.Zh, by Reynold Swanson. Upon a voice vote, a11 voting a�e,. the motion carried unanimou's1y. Nir. Swanson said he was the sole o�ai�er and operator of this mobile home sales lot and had been since July of 1972. Mr. C1ark said the origi_nal agreement wa5 in the agenda, and this was a three year Sp�cial Use Pe�mit, t.hat was riot renewable, and wil_l run out in July, 1975. Wlzen Mr. Swanson called and asked us how he could renew tl�is Special Use Permit, and the agreement stated that i.t was unreneoaable, he was told that he had to start al1 over again with a new �pecial. Use Permit requ�s�:. 7J Mr. Fitzpatric}r. asked why the Public Iiearing notice states that ' this is an extensiorz o� a S�ecial. Us� Permit, �Lhen. Mr. Clark said _ that was because the nro�erty was pr_esently being used for this purpose. ' Mr. Fiarris said �.the Planni_ng Commi.ssion had another request �o_r a Special Use Per_mit for the same purpose just a short time. ago,-and had used this agreement as a model for that r_equest, and he couldn't remember if we had sti.pulated that Special Use Permit wasn't reneva- / able or not. Ctiairman k'itzpatrick said that he remembered that they didzZ ` t. . ' Mr. Fi�czpatrick sai.d he �aas on i�he Plannz.ng Commission at the time this Special Use Permit was granted, but he couldn't remember why they had sti.pulated it wasn't renewable. ' � f� ' I� � ' LJ ' Mro Swanson said that at that time, the owner of the property� Mr. Donald IIarstad, was contemplating build9_ng at this location. At i�he pres�nt time� because of inflation and cost_s, etc., he has no pl_ans for utilizing tl�is }�a-operty. He said there was alsa some problems witlz the pievious operators af the l.ot, wh�n the first request was cansidered. Mr. Tiarris asl:ed if i.his permit had had a yearly reviewal. P�I�-. C1ark said the staf_f had r_eviewc�d it annual..ly, but not �y,the Pla�lning Cammission. D1r. Clar}c saicl i:.he lot h.ad just been 'inspeeted: pr�_or to tliis meetinq, alZd it does rneet a].l the stipulations that �aere in �che agreem�nt. It i_s clean arid in good condition. MOTION b� Drigans, seconded by Flarris, that the P.Zanning Conirniss.zorl receive the letter from the ownez� of the property, Don Aarstad, datcd November Z3, 1974. Upon a voice vote, a.Z1 voting aye, the motion carr.ied unanintousl y. i�ir. Driqans said that in reading this leti:er, he �7idn't see any reference as to how long A1r. Swanson would be able to have this lot, or to lease it. Mr. Swar�son said he was going to have a five year lease, if this Special Use Permit was granted. ' F^-~g . . T". .: ,. . , , , � � ' , � � � Planning Commission Meeting - December 4, 1974 Page 12_ _ 7 K Mr. Driqans said that if the recomnlen da�ion was to grant this permit, he thought it should be tied to the termination of the lease the same as they did on the last request for a Special Use Permit for the same use. Mr. Drigans said we di.d ask for additional blac}:- top on the other request also. Mr. Harris asked if the lot was all crushed rock? Mr. Swanson said he had an area 30' x 30' blacktapF�ed that �aas the entrance to i�he lot. The balance of the lot was class V��aith an oil base that has been on the lot since it was sta.r_ted and this has held up very we11. Iie said i�hat if this ne�� Speci_al Use Permit was approved, he would be willing ta bJ_ack�op the entire lot. IIe said a fence had been put up on the back o� the lot to screen Mr. Harstad's operation away from this lot, and they had put in more sodding. M.r. Drigans said that anothe� stipulai�iozz tha�L they had put on the oi�her requesi� was thai: the petiii_oner keep majority ownersYiip of tlzis business, and it not be transferable to someone else. Mr. Drigans asked Mr. Clar]-. i.f there had been any complaints on this lot. I�r. Clark said they didn't� have any on this operator, but ihey had had som� on the previous owner. . Mr. Drigans asked Mr. Swanson if 1Ze had a five year lease at this time. DZr. Swanson said his present lease ran until July, 1975, and has tallced to Mr. Harstad, and he has agreed to a five y�ar lease. MOTION by Flarris, seconded by Lindblad, �hat the Planning ' Commission close the Yublic Iiearillg on the request for a Special Use Permit, SP #7�-1F, by Reynold Swanson. Upon a voice vote, a1.Z votii�g a�e, the motian carried unanimously. , MOTiON b.y Drigans, seconded by Lindblad, that the Planning Commission recommend to Council approval of the request for a Special Use Pc�rmit, SP �74-I6, b� Reyno2d E. Swanson, per Fridley City Cocie, ' Section 205.101, 3, N, ta permit the extension of the present Specia2 Use Permi.t for a Mobile 31ome Sales Lot-, located on the West 375 fect of Lat 3, Audi.tor's Subdivision No. 89, subject to a street and uti3it� ' easement over. tl�e Westerly �0 feet thereof, the same bei.ng 7151 Hiyhw�� ¢f65 A'.£i. caith the following sLipulations: ' , , o.��Rn ToR 1. A 5pecial Use Permit to operate a mo1�ile home sales 1ot is giv�n only to Re�nold E. Sw�nson as an individual and he wi13 be the operator of the business. If the business changes hands or he�no longer is the majority owner and operator of the business, the permit wi.Zl be nuZ1 and void, and would have to be reviewcd by the City Counc�I before transfer. or•�1,zcr; ' l. The office trailer wi1Z be blockod on concreLe blocks and the base will be skir_ted with aluminum. Tl�e office will be connected to utilitie.s; such as water, sewez', gas and ' ' electr.icity. s� ' ' �-"-«--�,. �: _I Planninq Commission Meetin� - December 4, 197� Page 13 ] � ' 2. Two restrooms wi11 be ins�alled in the office for the public's use. ' I' 3. The o�fice txa�.ler wi11 be taxed as a permanent structure. MoB.rrr rior�s�s LOT 1. There wi11 be no permanent r.esidents in the mobile homes and no repairing or storage of damaged trailexs. 2. There wi.I1 be a minimum of IO feet of space between trailers. 1. The public and employee parking 1ot areas to be b1acY.topned by OcL-ober ], 1975. 2. The ar.ea on the West side of the 1ot wi11 have more rock and additional plant.ing and no existing trees wi11 be removed. Precast curb will be put along the entrance and along the paxkiny area for the custamers. � 3. The land wi.Zl be kepi- c1ea1� and free of a11 debris•, junk, and unsightly raater.ial and a.Z1 greezi areas w.i11 be kept free af weeds, cutand w�ll groomed. �. There �,�i.Z.Z be no k�ashoilts an the property due to surface dra.inage and if there are any, these w:i.11 be filled in and taken caz e of immed.ia te_i y. • LIGIfTING Z,. Adequate securit-y Iigl�iing (a minimum o.{ • two lights at the East end of the 1ot) wi11 be instaZled for better obsez'vation by the police. ' SIGNS 1. The existing sign wiZl be t�sed, but ther.e wi11 be no f1�sl�ing or fee]ir�g of motion zn the light. 2. The Operator wi11 compl� wit_h the requirements of �he Siqn Ordi.z�a�xce regardinq l�anners, penn�nts, etc. PEP.MIT 1, This Special Use Permit be issued for a maximum of five years or to run concurrentl� with the lease, which ever is 1ess. UPOiV A VOIC� VOT�, a11 voting aye, the motion carried unanirnously. 4. PR�L?MIN7IRY Pti11T, P.S. #74-07, I2�AL EST7�TE 7_O ADDITION, I3Y I'P�1INCIS J. GIPDLLR: TaUled. No action taken. - ��.a, � .�r � 7 �� ' Planning Comm�ssion M�etinq - December 4, 1979 Page 19_ � ' ' ' � ' ii i , 5. DI5CUSSION Mr. IIarris said he had ati�ended the seminar a� Normandale Junior Coll.ege on November 21, 1974. Unfor.tunately their printed sr.hedule cii.dn't mesh with the topic of discussion, he said, so they didn'�L talk about the particular i�apic he was interested in which was federal fundirig for housi.ng foL the elderly. Mr. Ii�rris said they did discuss the zoning code, which was very interesting a1so. They used Robbinsdale as a model., because that was �,*here the instructor was"from. There �vere some interesting comments and ii� was wellworth the $5.00, he said. One thing that was brought up was that we probabl�T should area pl_an instead of saying an area was, for instance, a]_1 M-2. If i.ts all M-2, �ahich is al.l industry, in an ar_ea like this �,�e cannot provide oi�her ser_vices, such as a r_estatzrant. i�. Harris said they se�m to be doinc, some�hing like i.his in the Georgeto�ti>>z comple�, and he �idn` t know if this was code or not_. He said I�Zro Filister was providing a beauty shop, other small shops and even a nursery sclzool. He said he thought this was a good thing. r7r. Clark said this was allowed as an accessory >>se in R-3 zonin.g. These sertrices are just for tl�e p�ople living iri George- town and iG � o� the area can be used for suc�i �purposes. Mr. Harris said the �.nstructor also � a building in Rob��insdale where they have and then some floors for businesses, and which he thought was an eacellent idea. ' � mention�d that there was parking on� three £loors, the top floors are apart;ments, Mr. Fitzpatrick said that it was true that you could find your- sel� in an industrial area, and not find a coffee shop for a long ways. Mr. Harris said there was an exchange of ideas on the zoning codes, and we found that we all had basically the same problems. � . Mr. Clark said the question of havii�g an ordinance outlawing campaign signs came up at tlze last meeting. He said Maplewood had p�ss�d such an ordinance, but it was tak�n to couit, and the court ru.led aqainst iL. He said tl�ey had checked oi�her citi_es in the � metrapolitan area, and no one else has such an ordinance. � � ' ' ' , Ch�irman Fitzpatricic said our ordinance controlling campaign signs seems to ti�ork quite well. Chair_man Fitzpatrick said it was a little lat� in the meeting but he did want to welcome Mr. Langenf_e1d as an ex-of�icio member of the Planning Commission. `i'h� other members joined in this welcome< Mr. Lanqenfel.d asked if he could vote on the-receiving of minutes or on any motions. Mr. Pi_tzpatrick said he didn't think he could, but he should enter into all the discussions, and liis comments would be taken into consideration when the motions were made. � 6. WORI:SIiOP r1E1?TINGS Mr. C].ark said the Planning Commission wou]_d have their .� rectu]_ar workshop meeting on DecemUer 9, 1974. This was tenta'tivel.�� ,,,.�. � Pae15 7N � Planninq Commission Meeting - December 4, 1974 g set to be held at the General Television office�. The regularly 'scheduled meeting of December 18th �aould be a workshop me�ting, also, because there was only onc scheduled item for this meeting. Mr. Harris asked Mr. C�.ark if he haa gotten a clarification i of the open meetii�g law. Mr. Clark said there would be a policy es�.ablished by the Council after the first of the year. �_� � ADJOUI:I�Tr1I;NT : MOTTOTI b� t�arris, seconded by Lindblad, that they ac?journ. Upon a voice vote, �.I1 voting aye, Chairman Fitzpatrick declared the Plannir:, Commission meeting of Decernber 4, 1974 adjourned ai 10:05 P.M. � Respectfully subnlitted, � i /C/�r��'��' 'l%�?2-c�'��'='',Cr/ � Doro thy Lv�Szson, Secretary 0 i� � 1 _ _ . _. . _ .. _ . . . _ . 8 MINUTES OF TH� REGULI�R PARS;S AND REC.�E�'I0��0('�<< ISSIC" EETING OVEr'�ER Z5, 19%4 ' D4ecting was called to order at 7:30 p.m. by Chaixman 131air. ' h9EAi13ERS Pf:ESrNT OTHERS PIZESL'•;�''f : ' Blair, Ca1.d1veI1, Ilarris, Peterson, 1Vagar • Curt Dahlberg, 20� }:ice Creck Boltlevar.d, Tridley, 784-5188, Park Foreman Clifford Asli, 460 Rzce Creek Boulevard, Fridley, 784-5564, H.A.P. Robert Ol�l�stead, 6850. 7th Street N.F.., Fridley, 560-2757, 11.A.F. Pxcside�it Don lioti��arcl, 2"s4 rlercury Drive N.E. , Fxidley, 560=2114, Ilockey ' Official Charles Kasick, 7361 Concerto Departmerlt Su��ervisor ' Paul Bro�;n, Director of Parks Judy t�'yatt, Secretary to the 1 1 ' 1 ' ' Ll ' ' , ' ' i� Curve I�.E., Fridley, 786-2345, and Recreation Department Conm�issio�i h4UTI0N b� 82cwc., �see�Elded by (�agcuc �a a�j��7ave �Gt.e Mtitic�,te�5 vU �he Pcvch�s and Reejcea,tiv�z Cdf1U1L(iSd�( U1'! �,ee,t.(.ja.g, du�ec� Sep,�e�;�be� 23; 1 R74. 7"l2e n�a�.i.v�i ca,�vc.i.ed. H . A . F'. . Mr. Bro�ti�n introduced. Atessrs. Bob Olmstead and Cliff Ash from the Iiockey Association. b4r. Olmst.ead stated tllat they were there to discuss several problen�s re�ardino hockey before the season staxts. Ile saicl that one of the things they tivere conci:r.ned taitl� �<<as having the house league officials registered �,�ith M.A.H.A. Mr. Blair stated that ?�e felt t}iat a clinic sLould be held for tlle o£ficials, �s tllere are c?ifferent rules betGaeen AI.A.ti.A. and II.A.F. Mr. Wagar asked ho►a the rules differecl and Tir. Asli replieci tliat they vary. T9r. Peterson said tve should tell the kids that next year there �vill l�e a clinic and they have to attenu. Mr. Kasick said L-hat it �,�as too late to tal<e the test now. }le said that it took G- 8 weeks to get the test taken care of. Dir. Bro�ti�n mentioned.that the test was not manclatory, but that a good percentage of the officials joined on their ow�1. r4r. Ash e::plained that it too}: as long as the kid wanted it to; it could be as s}io��t as t�ti�o wc.eks, b1r. Bro►en stated that �,�e have all the applications in our ofiicc. r9r. Olristcad said tlla.t they were �,-o�lder.ing if it would be possible f_or L-hem to take thc test so that ev�ryone knows tlie rules they are under. Mr. Ash said that thc xc�ason thi.s i.s a good idea is because some of the referees go by }iigh sc}iool. rules, other.s t�y r1.}].L, at�d some uil�er b1.A.1�.A. , and the rules are diff-ercilt. }le �•u�ic: that. tliey felt tlic best �vay to be sure tliat they }iad consistent refereein< <;ould be if all the fello�as took the r1.A.fI.A. test and are registcred. lie s<<icl Lhat it onlv cost $5.00. Mr. l3arris said t}iat actually it is the A.H.A. test. �9r. 13ro�,�n replied that it tvas done. through h(.A.II.A. �9r. �'eterson said that he felt the Parks and Recrcation Department would be puttinF; the��scl��es into a bind ii tliey tdould rec�uire certification this year, due to tlic lateiicss oi� tlic season, lle as}:ccl �lr. Brotian ��lizt 11e thoug}it of telli�i�; the kids t.liis year. that they �,-oulcl }iave to attend a clinic or tliey toouldn't Ue allo�aed to referee, ancl ��ork toi.�arcl certification for next year. D1r. Bro�vn ielt that this woulcl be a goocl icic�a. IIe said that �ir. llowarci or tlie Ilockey Association coulcl put on a clinic. lle saici th��t if: you tell tiie:n tlir.y sliould or must attcncl, tlicy usually res��oi�d, f(c said you t�ave to picl; a fiood t.ime, Loo. }Ic said these kids havc troublc gcii.i�ig to a session at �iif;lit, ancl Saturciays tlicy are usually ti,�orking at b9acllonalds, etc. � Minutes of the Parks F, Recxeation Commission TleetiTl�, November 25, 1974 Page 2 __ � A ' , , ' ' ' �''� � h1r. Blai.r menticned tliat ti�e have a capy o� the test. t3e said that at the clinic they go through the test and the book also. Ile said that then neYt year we can have tlie kids go througli t}ie certification process. D1r. Peterson asked Ptr. Olmstead if_ he ielt that this �+�ould be satisfactory, because of. the time of the season 11oi��. �ir. Olmstead sai.d tllat he could see that t}Zis miglit be a problem bufi that t]ley are not jtist iaorried about this year. That would be fi�ie to get it strai�;htened out b�� next year. � ; M�TI�N l�y Pe�eh.3vv�, �SeevE�ided by h9n. Ncuvr.i� �12c� �:lie D.vicee.t�h, Mtc. Bicawn, tcv�d h�1n. U.�n.��ead ,se� a da�c �aj� ccf:e (iac�,�e �Peccgu� tce��ce.e�s �a a,tte�id a. mec�;i.i�g; �hc�t �liey mcu�� a�te�td a me��i� �i.i2 v�cde�c. �:a ne�e�cee ,i.li v�.��c lioc�e �1u,3 ye�cn, iu-i�th e�c.{��,- ca�an �an �he 1975-76 �e.c�,5v►�. Tlz� ma.�v►� c�uvz.i.ed. b9r. Iiarris stated that as long as we are going to do this he felt that those who tiaish to take the i.est may do so. He said that i£ i_t's not available to get the cer.tification on the ciay they referee they've got the first of January or February to �;et it t.aken care o�. .I�9r. Peterson said t}�.at at least ��re ��rill have set up a tt��o stage requirement so t3iat the kids ivill kriow �,�hat the requirements are. They'll knola that they have to attend a clinic this yeax and be cer.tified next year. � Mr. I31air asked if there �ti�as any further discussion, Mr. Kasick asked if , this t��ould be pi�blicizeci in the Fri.dley Sun, b4z. Brown replied that it would be. T4r. Ol.msteacl �,�as asked to pass the word around also. ' Air. �4'<^.gar asked lio�,• n�any house ga:nes it�ere sclieduled i.ndoo�°s. ' D1r. Olmstead replied that it ��ill vary because they had it all laid out a.nd i.hen they lost 51 hours at i�orthla�lc3 �aith the second sheet of ice. He said tliat they are going to , �;ive tlie>>i some practi.ce time and the rest of the indoor ice time tvill be for tlieir g<iries. �!e said a ballpark figure of any�,�Iiere from 2 to 4 games will be for eac11 team. , D9r. Olmstea�l also bxouglit up the �act that. they axe concerned about the �;aalie ecluipment for the teams. 1ie said th�.t there might Ue ttao games in a row where tliey �aerc lucky enougll to get a block of_ t�ao hours, but it might be the ' same Saturday at another arella. I-ie said that the ttao sets of goalie ec�uipment might not stxetcll too far. He said that of cotirse they run into size differeiice there also. It might be a Sc�uir.t and it might be a i3anta�n. , ' ' � ' , Mr. 131air asked Air. Bro��n if he i��oulcl have any problem supplying the Hockey Associatioi� ti,�ith goalie ec�uipment at ��ictory Dtcmorial Arena. r1r. 13ro�Jn replied that therc is a probleru in that iae only have so inan�� sets of ec�uipatent, and tahe�i t}lere is a �luplicatioil durin� tlie season, it becomes aLnost impossiUle to service two r'inks at thc same ]iour, fle said tlien he would have to pull equip- ment from sonie ri.n}: tliat maybe a team is practicing on aiid L}lell t}iey're pro- viding no goal.ic equipment. Mr. f3lair asked �1r. Olmstead if these games taere playecl on the we.ekend. Mr, Olmstead replied tliat most oi' them woulcl be, Uut TlOt all. Mr. Brot.�n said that basically the equipment is for the rink, not the practice, we are supposed to have a set for every cage. 1-le said L-hat the ' ' , i � Minutes of the Parks £, Fecreation Commission hfeetin�;, Novembe.r 25, 1974 Page 3 majority of the use of tlie ri.nk i.s for practice, however. He said this is �ahere the kids try out t}le goalie equipment, wlien tlley are aloiie a�ld not in front of the coach. • b9r. I3ro�a�i asked hir. Olmstead if this duplication will ]Zappen very often and ' Mr. Olmstead repliecl tliat it �,�ouldn't be that often. IIe sa�_d tliat they could help themselves a little in obtaining some spare goali.e sets. �I'' � Mr. Blair asked A1r. Olmstead to get i.n touch with Paul if there is a conflict. Mr. Peterson asked A1r. Olmstead if he could arrange the schedule so that he �aould have t►��o sets of the samc age bracket playi�lg at tlle same time xather than 4 sets for the same bracket. Mr. Olmstead indicated t}iat thi.s could be arranged. Mr. Brown asked D1r. Olmsteacl basi_cal.ly wllat they i,�anted the City to do for. ' them. T1r. Olmstead replied that they needed to kno�ti< <Jhat they could plan olt f.or sure. ASr. �3roti�,�n told him that �ae }iad four sets of goalie equipme�it. bir. Olm- stead saicl he �,�oulci like to be able to come and pick it u�� ahen he needed it and , then drop it off. Ite sai.d t}iat they did t.hat a few times last year. Mr. Bro►,�n ntentioned that that was probably during the playoffs. ' �'I� Mr. Broian said they woul.d lilce to provide fotir sets of goalie equipment but tllat it is all at the rinks. 1ie said tlia.t any extra tlie�� may liave had was at the Comrioils and thai ti�as only one or two sets at the most. He said that other�aise there �aas one set ror eacli cage, at tlie rinl:s. r�ir. Brown saici t}Iat they ►vould glaaly work it otzt i,�itll i�1r. Olmstead as best ihey can. : Mr. Ash mentioned that if they lose the ice at one arena and have to move to , another, they can't tal:e the equipr.ient wi.t�i tl�em, ther.efore they..have no equip- ment to use. (the right size) He said this had happened several times last year. Mr. Broi��n explained that the City cannot provide a set of each size for each rink. � He said that the t9arming liouse Ati.eridants ]iave stric� orders not to give out the �goalie equipment t.o anyone. Mr. Olmstead asked I�9r. 13roian if: each of t}ie five llirectors would be able to ' )iave souie kiiid oi a card si_griecl by I�4r. Bro�an, �ahic]i �aould e�iable tllem to sign out a goal set. D4r. I3ro�,m replied that he �aould like to get four sets of equipment a.nd l:eep it at City Ilall. to be checkecl out. Ele sai.d that it �aoulcln't necessarily ' ha��e to be the L�irectors. }-�e said that the llirectors could ha.ve control of. t}ie cards to insure that the equipment ti,�as brought back each time. T'he equip�nent kiould have to be back tlie follo�,�iri� day. n U , ' � ' A9x. Olmstead brought up another problem. He explained that if there is a cancelled house lcague �ame on Saturday and the team would like to make it up o�i �1o�i�i;zy, and timc is of the essence, t}iey would like perr,tission to call tlie head refcrec and }iave it reschedulecl. h1r. Ash explained zn instance would be when it was too colcl to play on Saturclay and they hacl practice timc on Atonday, they woulc.l be using their own time anyway. Ile said that if they have"to wait until I�tonday to contact anyone to get referees, etc. it gets to Ue too late, and it woulcl be Il1UCI1 mare convenicTit if tlic llirector could rescl�eclule t}ie game without ta};ing somcone else's ice. 1le could then get in touch with Uon Ilowarci o�i the ��eekend, w}io in turn ti�ould get tlie referees lined up for Dlo�iday, and this � Minutes of the Parks F, Recreation Commission Dleetin , Kovember 25, 1974 Page 4 $ C � , , ' ' would speed things up much better. 1-ie explained that when you �j1C SCaSOri alla t}le 1Ce 5tZTtS �TOlIl�;� y0�1 11CeC� ti0 �;Et t}10 �all1CS possible. 1'hey iti�ould ve usin� their o�ti�n ice only of course. any ai,�ay from anyo�le, Afr. 13ro�4i� sug�ested that we have a set theii tlley �ti�on't have to co�itacti aTlyone. At this point Mr. llon }ioward arrived at the meeting. get to the end of 1.11 as quickly as They would not be taka.ng policy on this, and T9r. Bro��n advi.sed h1r. Howard that they were discussing the possiUility of the H.A.F. Directors being able to reschedule caricelled games witliout ]Iaving to gei in touch �aitli him, t�ecause sometimes it takes 10 to 14 days to get the game reschedulecl, because of the way we handle it. lle said th�t we ��ere mentioning for example, iahere a team �voul�i lose a game on Saturda�r and �ti�ould like to play on A4onday. He said tlie�� ivere recommending a set policy. ' A1r. Olmstea.d said that basi.cally the way it ��rould i,�ork t��ould be that gencrally they can get in touch saith Don lIoward 1V1t�11.11 an hour or two, and if he could provide the officials, they could ieschedule �he game and get in touch tti�it}1 tl�e coaches riglit a�.ay. ]ie felt rlie key t��as �ahether or not D1r. Ho�aa"rd , could provicle tlie officials. A1r. Olmst'ead asked that they Uc able to liave tlie Director in each Division contact llon Ho�aard and take it from tliere. Mr. Hoivard said they could reschedule on the phone. ' , ' Chuc}: Kasick askeci if the gir.ls �,�ere going to play broo.nUall at Flanery again and also at Rice Cree}: this year. IIe also wanted to kno�, if it was going to be on Saturday or at night. Fob Olmstead replied that he had scheduled it tentatively at both places for practice ancl games. bSr. Kasick said that the girls get cold ancl he wou]d prefer for ihem to play there, �ahere there was a i,lar�ni.�io house. Also he felt that. it ti,�as sa.fcr for skaters not to play on broom- ball ice. A4r Oluistead r.eplied tliat }ie could schedule all the gan�es at Flanery taith �io problem, , Mrs. Cald�aell asked if the second praciice spot could be where there is a tiiarming house. Mr. Olmstead said that he had talked to Ilelen Byrne and she didn't seem t.00 co�icerned abouY the girls not having a warming house. D1rs. � Calcl�aell stated that she felt ihe girls and boys should have equal facilities. Mr. }:asi c1; stat-ed that for tlie boys' safety, the girls shoulcl only be at rlanery. He said they doil't �ieed to go to any otlier place. ' ' , � ' , D4r. liaxris mentioned tlie fact that t}iere is no iaarming house Uecause there i.s no Uui].diiig at Iti.cc Creek Scliool for t}iis purposc. He said t}lere are some cor�structioii builcli.n�; sliacks, �+�}iich could be availaU].e for a�aarming house. He saia that he would look i�ito t]iis and see �y�hat lie could do about getti�ig us one. _ _ _. C� I TC(�NCE- AND F_ OOD_I �1G _SCHEDU�E Mr. Olmstcad asked if, in order to get real good ice, it would Ue possible to £lo�d at i�i�ht, �ehen it needs to be Uuilt u13, „ Mr. 131air statecl that last year wc flooded during the day. Dtr. Dahlberg ex�lained tliat our bi�gest prablem was the Christmas rain. Ile said that we , ' ' ' , ' ' � Minut:es of. t}ie Parks £� Fecreation Commissioii Tieeting, November 25, 1974 Page 5 havc the same crew that �ae have had for the last 8 years, so i.t couldn�t be blvned o�i the pexso�inel chanhe in the crew, it i��as t}�e bad ►,�eather. 1le said that the Christmas rain took atiaay t}ie base, plus the i'act tliat iae ar.e gainin� one or two ri�iks eacli year. 1-fe said that we are slotialy falling furt}ier a�id furtl�er behi�id . Afr. Brown mentioned that the City Gouncil said three years ago that there was too I11UCi1 ovcrtime in the Parks bepariment and so in the �ti�intertime to find another �,�ay to clo it. Iie contintied 1:hat tlley tllerefor.c sclieduled tliese meli on a rotati�lg basis and they don't even liave the pleasur.e of a normal weekend. D1r. Harris saicl that he felt that barri_ng �,=eathex, etc. the ice is not as gaod if you don't have a program oi niglit floocli.ng. I-le said tha.t he had been over t}iere at 3:00 in Lhe after�loon wlien tlicy �,Iere flooding, a�zd it was aUsolu- Lely a ti��aste of time taitli the temperature at 30° _32°, IIe said it ti,�ould be al-- rigllt i.f you could keep everybocly off tlie ice �or another 2-3 hours until it had a chance to sct up. h1r. Dahlberg said that the Ci_ty of Bloomington has 80 pieces of ice, and they ' £lood them in 5 hours using tan}:er trucks. He said usi��g hoses.is just too'slow and time consuming. 1�e saicl that �ae slioulci consicler updating our equipment. , He sai.d that last year BloominUto�1 had 8 t�ao-man crews and the best they could do in a�l S}iow� day �aas about 16 pi.eces of ice. He said that they have since bought a trucl; a.iid they cover ?S pieces of ice with tti,�o men. ' � � ' � ' � � ' Mr. Harris asked if that meant he could flood from 7 p.m. to 11 p.m. every night and have it all done with one piece of- equipme�it. D4r. Dalilberg replied th��t if ��ou are concerned about the cost, tliis is a piece of equipment that iaould probably pa.y for. itself in the long rwi. . : ' A4x. Dalllber.g said that tlie ��1ay Bloomi.ngton sold tlieir Couilcil on buying the eqtiipme�it wlieii they con��erted 8 years ago, was to run a study on it (and they are still continuinb the studies). He said it cost ttie�n 8 years ago �5.00/1000 gallons of tlater (this is �ti�ith the hose carryi.ng met-hod) ; as of. last year, with labor costs going up, etc., they �aere doti�n to �1.50/1000, plas they have increased their rinks. He said that they have ne�� equipment ordered, and they hope to get it dotvn to �1..00/1000 gallons, wliich is puiting a lot of watcr down taith a minimwn aIllOUllt Of 1I1C71. • �1T'. �iI'OWl1 Ti1G17t1011CC1 the fact that t}lCy only have 8 men lll Ploomington and tliey have �0 rinks, an�l tliey use mult:i-shifts. Mr. Harris mentioned that ��re used to flood at n�ght a few years ago. Mr. Brotan said that �ti�e taere i.n overtime then. IIc said the men reported to the garage at 9:00 }�.m. atia by tlic time tlley �ot out on a rink it was �:30 p.m., then tliey went accordingly up to 12:00 mi.dnight or 1:00 a.m. h1r, it'a�;ar saic� t}iat i'loodi�lg in the daytime is foolisli. tie said you can't start flooain�; if it is hot. A9r. Pcterson said tliat he is opposed to daytime flooding has deteri.orated since dayti.me ilooding �,�as started. , � He said the ice • � � ' ' , , C� ' ' ' ' � r ' ' � ' ' , r h1i»utes of the Parl:s £7 Recreation Conunission rteeting, November 25, 1974 Page 6 D4rs. Caldwell asl:ed if we shouldn't try to have a second shift of t�ao men �,�ho flood at night, h1r. Dahlber� replied that t�vo men isn't suf£icient. He said that you nced to have four. Afr. 1�'a�ar said that lle krould like to see the f.loocting done at night. Mr. llahlberg poiilt.ecl out tliat ��hcil you do split tlie crews you cut do�ail on your ef- ficiency. Ile saicl that the�r sti.11 only have so many men to do the woxk and you're taJkin� ice conclitio�is aiicl t��e're talking volume. He ex��lained that with the prese»t setup the.y have the�r still can't keep up i,iith them 100%. He said that by cuttiiiU tlle creie in half and putting them on night shift still doesn't give you more coverage, you'r.e still fallin� betli�id, bir. Peterson said tlzat it gave you more efficient coverage because you�:- flood:ing is more effective. I-le said that wlicn yeu flood in t}ie dayti.r�e and it's not effective, you }iaven't accomplis}led anyth:ing for the nian hours, so you've spent man hours and accomplished nothing. He said that at least �Fou're using your mari }iours ]llOSt eifectively b}� flooding at night. AQr. llahlbez�� replied that they have thei.x other r.epazrs to contend �vith at the same time. 1-le said that t}iey }lave goalie repairs, lines to paint, etc. Mvrlv'� 6� R�agcut, �eca��ded by f�arvi,��, �11ct.t �12�1 n�e�iedt�('_� �he men (even ,�� .i.t .v, ��:12e ��u�2o.�.e c:zew} �,� �a��.6.Le, �o �(ict�t �6iey caEti �.�aad a� vu,,gltii, �i.� �i,t .i� agneeab.�e. i,a,i�th �he U}2f.U12 cvvi��.ae�. The rna�c:aFi ea�jvr.i.ed, h1r. Ifarris st.ated that he thought they should go ahead ��ith the program even if Lhev have to nav overtime. � GIRLS FI,�G FOQ7'}3ALL A9r. Chuck Kasick �,�as there to discuss some pxoUlems he has in regar.ds to the girls fla� �ootball pX•ograni. He stated tha.t f_irst of all, he felt the people sliould Tiot have to call. the City Council about any problems that the Park Board has. Ile s�3.id that this i.s in regard to thc girl.s. I�e said that any time a referee does�l't go according to the people's �vishes, a councilman is called, taho is turn calls The City Administration, and then there is a big hassle.. IIe said t11at last ycar }ie lost a good offi.cial ti•�ho ►•1as obeying the xules, and tlle C�it.y Cotinci.l ��ut pr.esstzre on tlle Park Qoard to get. rid of him, lJIl1CI1 }ie felt ivas �ti�ron;. 1ie said that t:he official �vas fi�orn outside the City and could care less ��7ho won thc game. Iic said that he was obeyi�lg the rules but that wasn't good enough for thc people. Mr. Kasi.cl; said that the referecs that ��e had this ycar, in his estimation, were excellent. }ie said that they occasionally made some Ulwlders, but for the most �art did an excellcnt job, fie said that we are not paying for high school or collc�c refcrecs, but rcfcrees from our own City. A1r. Kasi.ck said that Don Blair will no lon�er refcree girls flag� ball, and he docsn't l�lamc him. Ile said th:�t ]le was standing on the siclelines and he listened to some, of ihcse peopie, anci for a test. hc woulcl �oad thcm, such as the referce ►,rould clo somcthin� ana thcy would ask hir. Kasick ��hy llc ihrcw thc flag, and hir. K�isick titi�ot�lcl tc:ll then� it �.�as for trippin�;, whc�1 in actuality thc play �a�is for off- si.aes somc►��herc: elsc, anct thc �eoplc iaoulcl �;0 4��i lcl. lle said thc men went trilcl too, bccausc thcy don't knc�w the rules. Ile s.iicl hc hcicl neven c�ard such com;notion in his ]ifc ancl thc I}��rents didn't kr�ow �vhat they �vcre i:alking aboL�t. :�� • .�::- ' ' , �I �I � 1 � A4inutes of the Parks Fr �ecrcation Commission MeeL�.ng November 25, 1�J74 Page 7 A9r. Kasick sai.d that when the}� seY up this program three years ago, he made it so t�hat thc girls could w�clerstand the game, so that tahen they did go up to high scliooJ. tlley would know ��hat the�� k�ere doing. }-le sa.id �ti�e need to get the parents to understand t}�e rules. b1r. 13rown stated that �ae �vere concerned hcre with the rules. Mr. Peterson sa.id that if t}ie }� . Y. F� . A. i s goi�i� to bc sporlsorinb it and tllere are problems, then t:hose ��ho are res7�onsi.ble in F.Y.F.�. should be zppearing in front of the Commission too, iil terms of f:i�ldi�Ig otzt what tlle problems are and ta]:ing care of them. t�fr. 1to��<<ird said that. iie felt the impoxtant t}iing �aas to run a cl.inic and you make it mandatory for your c.oaches anrt offici.als to be there. Ttr. I3ro��i�i said t.hat you need to �et a col�y of all t}ie rules to all the }:ids and they can ta}:e them home to their parents to read. He felt that was the prol�lem. r4r. Kasick stated tllat thrce years a�o �vhen he started this program, tlie o�lly t}�ijlg the F.Y.I�.A. did t��as 1:o bac}: him wii_h money. He said he dici most of his work with M1ir. rroi,�n. I�e saicl th.�t this year it �ti�as turned over to the Association and he has never seen so many probl.ems. }-Ie said that he, as a citizen, would like to have tlie Parlc t3oard let the City Cou�icil k�iow about the problems. ' Mr. I3roi�.n mentioned that when you do have a city administration and council type major situation, you'vc got L-hese pa.r.ticular inputs. People aren't going to be happy �aith everythinh and they'Il go to the City Council and they're going to respond, becausc they're elected by the people, and whei:her i,e agree or not, they ' have the ribht to do tha.t. ' , ' � Mrs. Caldwell asked if it would be advisable to have a clinic on Satuxday for the parents. Tir. Kasicic explained to her i.hat it is difficult to get the parents to Uring their kids to the game. A1r. Bro�,�ii said tliat �ve hope to reach the parents by givi�ig a copy of t}le rules t-o t}ie girls, who in turn can take'it home to tlleir parents to r. eacl . . SKI 'I'OUI:TNG t�4r. 6ro�,�n n.entioned that all �ve have ?n regards to this is a brochure �ti�hich Mr. Blair. had givc:n him, on cross country skiinfi. IIe said that he had been unable, as yet, to get in. touch tait}I tlie �;eT�t.l.eman in chaxge. T9r.. Blair said that if t}ie nattire ce�iter i.s devcloped, this ge�lt].e�uaTi is i»terested in setting up ski tour. ing and cross couTltry skiirig. ' h9r. }3ro��n said tll�t ski_ touring or snoti�� shoeing tivould be done because�this is in the realm oi whcre the nature ccntcr ivould be dcveloped in North Park, alon� ��ith a fe�v other parks �vc have. I-�e said that Dr. Iluff �,�i_11 merely be thc implementation , to�aarcts the pro�ram, whether it appears in our bulleti.n or not. }le said that in our bulletin it'll shoi.� interprctation once he gcts it all set izp. b1rs. Cal<lwell said Lhat shc liked thc idea of havin� the sl:i tourin�; under Dr. � lluff's auspiccs. She saicl that onc thing she li.kcd iaas the fact that this is rnorc of a frcc kind of thin�; �ti�i.thout all thc rc�;istration. She lil:cd the iclea of them jt�st going if it is tl�e rigtit kind of day for tliis kinci of skiing and Dr. lluff is ' availablc:. Shc wo�ilcl lil:c tlicm to be able to do it wi.thout rc�istcri.ng thi•ee wccks in .icivancc and payin�; a rc�:istration fce, etc. She said that she likcd that wi�ole coi�cc��t of a nature center, frec ancl l.00se. She saicl that if. you put it in ' this da��,�rtment thcn pcople havc to go do�anstai rs ancl register, etc. , and that just: gocs aF,ainst ilic grain fon c�r. i�tr. I'ctcrson brou�;ht up thc fact t}tat if thc peoplc have to cle��cncl on 1)r. lliiff be�n�; thcre, thc:n it isn't frce citl�ci, thcn you have to Fo t�� thc:re whcn hc is thcre to interpret it. hirs. Calclwcll repl icd tl►at- if ti�c ' rrc��;rclm iti set up propeT'ly� t�IC11 you do�i't �'c.�illy need liin► to be tlicre. Mr. l3rown �� Minutes of the Parl:s £, Recreation Co�mnissi.on A9eeting November 25, 1974 Page 8 1 said that, l:noti��ing �,�hat a sharp guy Dr. Huff is, he feels that Dr. Huff will probably incorporate so�ne of his tours based around snow shoei.ng and ski touring. He said it , nd that i.s ver tentative r. i ht no�a. would al.l depend on how tlley develop the area a y g ' � ' ' � ' ' ' ' ' A4r. Blair commented that he wasn't too concerned about registration but someone would ]lave to go a�ld lay out the trails and maintain thcm. ED 1;'II,i�1ES �ND PLY�,tOUT'(I PARi;S Mr. 13ro�,n mentioned the fact that we would like r.o drop Ed tVilmes Park and Plymoutll Paik, as �,�e do not get too much use there i�1 the wi.nter. �dOT10N by Pe.�e��o�i, �secoilde.d bc� f�afc�u�s, �a d��vt� :tcuv r,i.ece�s a{� �.ce �l1,us w�.►�:e�c, vtcune�� cf Gl.<,��ii� aE2d Y.2lnioct,t:l�. P�th.lzrs . TFte ma�iv�1 etvUUeci. HAP.RIS ESTl17'I;S A1r. B}air asked if thcre wer.e any plans for 1iar.ris Lstates. Mr. Brown replied tha.t it had been leveled and seeded. }ie said that the Comprehensive h;aster Plan calls for an apparatt�s a.rea and general skating. I-Ie said tliat we don't get muc}i use at Rice Creelc right noia. . Mr. Blair mentioned that he had been approached to consider resodding the foott�a.11 field instead of reseeding it. He said the cost �aould be aUout �200.00. Air. I37'O1911 said that they a��e going t:o put in blac}: dirt and fill it in, building up tlle center a.nd t}Ien t}Iey will reseed it. I�1r. Blair asked if resodding would Ue bet.ter. b9r. 13rown replied that �_n Japan they cover over areas. ti�ith seed in the ground, then put poly over it at »ight and take it off in the daytime, and the grass really gra�as. 1-Ie said that the P�irks Department is goi�lg to try it this summer and if that cioesn't wor.k, then thcy will resod it. Mr. Peterson said that he felt it titi�ould be cheaper to just tell the F.Y.F.A. to lay the sod if we pay for it. h1r. Ilaxris mentioned that he felt it sliould be sodded a.nd t.op dressed. INTOXI:C�TING LIQUOP. b1r. Blair aslced that we put the i.ntoxicating liquor ordinance on the �lext agenda. ' AUJOUR?��11;N'I' ' , ' ' ' � !�U7"IUtJ �a adjvun�� he. niee�:i.�1g a.� 9:30 r�.m. The next re�;ul.ar meeting wi.11 be held on D4onday� December 23, 1974 at 7:30 p.m., in ttie Community Room of Fridley Civic Ce�iter. Respcctfully submitted, Jucly Wyatt, Secretary to the Commissi.on � � WItJTER T1AIP�JTEfJA�dCE SCHEDULE Na�7� �� (�-1 Ice Rin.ks I�orth of Mississippi Stxeet} � • CreFa Assigned: Roy Scherer Ron Fields • Gai.'ry Volk _ - . ' Part T.ir.ter - two . Scheduled ma�ntenance procedure: All rinks to be maintained on a rotating � basis i.e. - . 1) SPring Erook Park - General Skating . , 2) F�ith Circle Park - General & Hockey Skating 3) Craig Park - Genera7,. S�-.ating � - 4) I�yan Park - General & Hockey Skating � - 5j Madsen Park - General & Hocl:ey Skating .- 6) Flanery Park - General & Hockey Skati.ng �' � 7) Rice Cree3: School - General & Hxkey Skating 8) Meadawlands Park -- General & Hockey 5katinq 9) Terrace Park - General & Iiocke�r Skating � 10} I��cke Park - General & Hockey Skating . �'I'AL: 18 pieces of ice It will take this crew approximately 3 days to make one cc�mplete round of ice maintenance - if weath�r is good - no snow relr�aval; no goal, screen or board repair; no line painting; no ice scraping 'required. EquiFxnent breakdown is - another factor to consider in carq�uting time required. � 0 0 �tIt�TER t9AIt�TE�JAPaCE SCNEDULE SOUTH AREA (�l x ce Rinks South of rlississippi Stree�.} ' . Grew P.ss�gned: I,es Stocke �crnett Gosselin . _ Don Ososki � . Dave I�ir�quist - Part Timer - one � _ . Scheduled rr�aintenance pracedure: AIl xinks to be maintained on a rotating basis i.e. - li Fd Wi1me� Park - General Skating . 2) Rr�bert I,ouis Stevenson - Genera]: Skating � 3) Plymouth Sc�uare - Gezieral Skating 4) Burlington Northern -.Gene�al & Hockey Skating 5) SZ.utmi.t Square � - General Skati�g 6) Sylvan Hill.s - General & Hockey Skatinq 7) Caianons Park - General & Hock,ey Skating 8) Cacrmons H.A.F.� - Hockey Skating 9) Caimons J.C. -- Hockey 10) Senior High School - Aockey 11) Moare Lake Beach - General Skating 12) Grace High School - Hockey Skating TO'I'�I.: 14 pieces of ice . It will take this crew approxirnately 2 2 days to make one ccxm�lete raund of ice maintenance - if weather is goocl - no snow r�noval; no goal, screen or boa.�d� repair; no line painting; no ice craping required. F,c�uipment.breakdown zs another faczor to conside.r in ccxnputing time requirecl. 0 � �. � • ' ' ' " :. a�,c . `1 ��'��'�,t. r��np►'7''�r�y�, • . . �. ..�, ;�: �:�; �:.� �� - CI7['Y O� F�� . � ... t : J,y- -- -- .`J� �. �.: `�z-� e . A ` j�.. yc:c• .. v 'J `� .. - �.i,):_a�L�4..�'^.: � _+�`�; �,_ ilr� t.,r� w�� • ~� ^'� ��!s� i .. . . � � . --� i� PARi: & RECR � �1 ' �. ; ._ •' ,_�`�,� r-- E 1 IO� FACILITIES � `•,� -1 j ».� , - : � � '� i ` . � , ��;,, ` � .: _ �_ I.��.��_ R'^^'�"ti \; �\�•°..� �' �'.-,�.�i� . h"Y + i ��`) jr` � I !�wvt .r.[ .e.� . . � �+ . � ,i� ,•, `�� x �11� . �� _ � _ �ct+ �`} t. '�n . �•r � � ,;:e. � .' , . � � `..n`•:- � i�I ' � ==:�r:-+�'r'�--:TM�, �• - --�.-�.:..n, � �=�� %oM Erickr� - � �is' - � . . . ` '- � � t`�� !': _ _ , '� Y Q"°°x.1�-.�" k .. , . . � �� b ' •s � 1 � � �' y�' ��ra� w. .e T �� . I_�",� , : �' ` . . . . . ` � �� f � , C , R ` ' ` � I� ''�`�l� _. "- i� �!� 1+~ .s. i� �yi i . _ .. , � �. / u * �r.. _�:..a � � -� � �,� • � / � �:^ �. �. J►r � � ' � __'��_' � i! ��;!,i'� ' ; 3; ''�,L:,� �`�"� '? A . /��. . � � �.� `'=��-i� a.- �. __� ' PARKS & RECRFATtON ' � 1 t � �^�,� �' _ � � - � J } DEPARTMENT - � . � I � • � t�1 I � :Cd - 0. �`F .`�. r-a . • 7y � . � N . � ` � � � � i ��• � ��s � � K, --fi �,'� : � �� r� � o . DIRECTOR= PAUL BRQWN � � e ( t � s- a - �� .,N,..u. . �! . _ /,G. }�va -% _ � C�� - � j ti : :l . — dt s . N7/ W�irrsity Ava 65432� . 0 1/ j'' n �......r.�.1-�....1 .`-�`�`� � � � ' 1 %� ./: bT�, !' 1 _ r' ! . - -�� . _1 � � e - `\ M�w��. 6e0�3ay0 . . . eea c„- i.. i� `t fi' �f'; p� eok . . Ma►w�.�i ��'\�f �,,,i� ��' � • C 1 /� � i '�� o '� � : � � . . . . \ �� . . . ; i � �. � , . /i/�'�h ��.-; ...,, . _, �, . � ,�r ; E �ieEi� { { - :..M a ry _� i �i �� T_ F _ � '' ' �I 'j. �,�s'`.`�? � �. � y .�'�„J s -_ C • Y '.�M��" �i ""' ( � �. �,�. . � . �f� ?� � - % � �Z'�•�{ -_".r �.3 �: . � ��ti�I�L� .• . �0�1 �� 'c it r �.y...; �_L;.r ti� ' s � • � �� Moa�.■ � f� ��.... s....i� (f �� r t. Y ; - � '�' ,:`.� �_..�_.�j 'r1 PARK PROPER?Y E i,uM �r >., � t r s 6 J} 1 �.n� � � � '' F �r:/`� � � Hi�1 ( .. �i lt�t T � � ti�. .. SEHOOL PROPEPt3Y �� J � Ce t fi i' ,,; �i � I Ri.ery�dzews�j e,.� f � � � i. � : jj �y'� 'r-� '..� ' ;�: �. �-� � p � COUN7T PARK RROPER7'r � r� � �r.� +'� � �' _ il � � �'%'.`b�'� ' �� /�n. �1 � , . . . i U 1'j�� ".�t�.1•, '� �!�: _ � e,t r r C •� `1^ �": .,. � i m .. � . �' ....� f �'r�,.'' 6yJ�MOwe n ":n `r . . . . . F 'T! .i arf1�71r � P`+rA �F. ,i L�k� -'��.4'` •�-s�. i/r'a �� a I. 3 t� j �1 < � i G � �\ � l �l/ M . ' �� f 5 _ j . C' 1' "`'; y '' 4t�1) �! i - �� uc' �.'t� ja ~ / r t � �` � . �� . n � " �I / rih' � n .;c ' __ F ��a �!, � ; ` � ` .. _ �`� ;y, , q,�?.� ) � Nortmher, 1973 . 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I� -.+. �� (J � � ."�'— F."�`- ` v ..�. --- -- 1 � � 1� . � � � . . , rl N e-� N .-1 N ' R� S-t � •a ic -ic -!� � N . �� f: �c � ij _{ N •'] -K % �% � u1 u e� �n ••�+ t�' cn }.� � S� :� c c� cn •.+ i� �n s-� s s� �� v e� �n •�� t�r� cn s, 3� f.� i-� �f c� J•ZI •Ci �J cl C1 if � �):.' �. f�z3 e► aj t� �., �:< 'r 'cJ •O oJ o1 � E� .� t� v ii -�i c�i •a •� a :� t�1 [J�, c� in �.�r� f� f1- � c� � c� �� .�� ei �•�1 •a a V U e ✓�� '� •r5 ir .f� r C s.� �� o� a•�t � E+ [-� e-+ : v.:� .i.� u� a•r1 E-+ H li �3] c-�� -t� e� i� •ri E+ H f� , [_] U� Ul -3� U Cc� Jt .� W(n -!� U G4 � �7 u� cn a� U LV Q fJ t�) S�1 -4a �J� -� �7 � CJ � .t3 .1� W �) 'U 1> > �3 co = r r: �� , u► r. > r: p "c'�( r.�� c�c,► �� ,�n�n� q�E"�+ s 2�� % u � 1 �. MEM0 T0: Nasim Qureshi, City Manager ' FROM: Dan Huff, Naturalist/Res. Coord. � � , , DATE: Tuesday evening, Dec. 10, 1974 RE: North Park Development Coord. Nasim: Because of an attack of te�donitis in my lumbardorsal area I have been unabie to be at work yet this week. I plan to try sitting upright (being at work) for half-a-day on Wednesday. I have contacted all local school distxicts and am awaiting the appointment of several more liaisons before scheduling a preliminary meeting of school representatives, probably around Dec. 18. Also, attached to this memo is a copy of a mailing�I issued on Dec. 3 to all the recipients of your North Park resolution letters of Nov. 21 and 26. To da�e I have received only three replies and am awaiting others. I will attempt to contact the organizations not replying by Fxiday, Dec. 13, and the respondents by, Wednesday, Dec. 18. , Thank you. � ' , r ' ' � , ' ' ' Dec. 10 Memo Update Nasim: As of noon, Dec. 13, I have received 6 of 60 questionaires mailed to the recipients of your letter concerning the North Park resolution. Four more organizations have been:reached by telephone but wish to wait until their next meetings before mak��ig any decisions concerning cooperation and selection of a representative. Most of the civic organizations are operating at a low key at Christmas time and have been very hard to contact. The city managers of Coon Rapids, Columbia Heights, and Brooklyn Center have been contacted regarding their interest in involvement. All but Brooklyn Center are interested to some degree. Also, at my request, School Districts 1i,13,I4. and 16 have designated liaisons and a meeting will be held with them about Dec. 19. I will also attend a meeting of the directors o£ the metropolitan area nature centers on Dec. 30. It now looks as if it will be after the first of the year before all oxganizations will have had time to make their desired committments to our development planning. January should bring the most productive meetings with the plan being form alized the first week in February. DCN � r , ; _� � ' ' , ' ' ' ' ' ' - , � ' � � , , Dear 560-3450 cit o r�d�e � � ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432 By this time qou should have xeceived a lettex from Mr. Nasim Quxeshi, our Gity Managex, concerning Resolution No. 126 - 1974 designating I3orth Park a Natuxe Centex. It is my job to coor- dinate the development plan allowing for suggestions and aid from all local civic organizations, educational institutions, and adjacant municipalities. Since the City Council has asked for the Plan by Feb. 10, it would gxeatly aid this effort if you would complete the enclosed questionaire and return it to me. I will then contact your designated liaison regaxding a meeting date. Thank you very much for your aid in this project which should prove to be a meaningful and xewarding cooperative e�fort by the people of the Fridley area. Yours very trulY, , � Dr . Dan Huf f Naturalist/Resource Coordinator DEH/tn enc: Questionaire and return envelope North Park locator map North Park descriptive raap � J � Group Name Person completing report � I. Does your organization wish to be involved in the development plan7 Yes (� No ►O ��l If yes, who will be your liais�n? ' Name Address Phone � II. What type(s) of aid do you anticipate being able to provide (Please check those appropriate): 1. Advisory services for: Planning O Development O Funding O r Programming O . 2. Actual funding ($) O ' 3. Provide equipment and tools O 4. Provide building materials O ' � S. Provide volunteer manpower O ' 6. Provide volunteers for program aides O ITi, Please indicate the percentage of progra�i.,.-�g time your group feels should be ' dedicated to each of the �ollowing types of activities (total should equal 100%): � 1. Open public use ' 2. Scheduled group use 3. Scheduled school class use � 4. Program research and development . � Thank you: ' ' . ' ' , ' . , �� I . �..o � h %� � ��z�t �=�� :� ; �- . -� ::: �;� ."'�," � � � �� - �i ( � I, b � � d � ..� �� 1 4 0 � � _ � � s � � ... i�� h �� f�a►-��re. Cen�e.Y'. rfi � � �� CI�'Y OF FRIDLE�' ; .,� �- �t�� PARK & RECREATION FACILITIES t_ � '� s�� l.�,��c•� =M�M. �Mf �dM� . . � . . �' e� , �ol � 5� , �3S � -.,.��.� � . �� J�=`=-"J=—, �— ��4„� loha Erickme i..<. �;Y �°''T'-,�—l�^,— ��„so.s ^5��.(_ erk 1_. . 3yJ �' � � ` J� LL'��..� � p� .,.—�/ . .. , �'�, __, ,��I ' I�r?i ' CO,NYv►1,,�i C� %"� Z i J�;.. . � r ' ` ��s � � � - � _ �� _., . `_ o 0 - � I�O� C1� D� � _�,� � `{,�= /Iw�, ��{�) � �AN�e CO Y � U _:��7�=T•.NENNENN CO. !i �3 MlNf�APOUS � ��_i,,. Y •—_T�' PARKS 8� RECREATION , I ; DEPARTMENT �' ! � = DfRECTOR� PAUL BROWN �-.. "i Bs f 6431 Univarsity Ave. 65432 ��,_Y � Phone. 560-3450 �s\ ;'�>>, �E?��,'►��p � �3a,?j= y ,''s -LEC�END e,_�� PARK PROPERTY E 5�_ � SCFi00L PROPERTY � -- �=y F � COUNTY PARK PROPER7Y I� p� � ..I,. �� " m : , i 3 ! � �' W ��'` �'�/` �' � � � � "o v�� 0 M �R >N � .� Mile �� Proposed NortA Innsbrvck PatM . �..i..,��..,�. � � •'§ _ f!, � A �° 4� SEASON ClTY � � � s A�/ ?� � �aL � �' S� b* �. � �a�PLAN� i• .��' �PEOPLE�O� a �f �'_� � � � '„ P '',; � �� A �� dy K �'� S � ,\ � � . � ' � 1 i � � ' i � � � r i � i ."". � �' = �� ..� N �, � � c� �.. � �� Q . �'� � � � A�! �- � �� >�� + . � v' � �, �� '�1�� ,�� . .�-; � `�►' �� `�� •,�� . _ -� � � �t, = ,�a . �� ` � � � � . ,�� } �,,.. : � �" . �, p� - � � -�, ��.g � � � ��yt�"j* �y{ . .� . . �1 �.. � 1 e �, � •�" � e �, �� , ��' -� : �`,, �.��""� !°-� ,� �i � ,�. � �..`�°�� .�, t� ) � � �: � }� , , � � .�. �..: d , ��,.� �� er�.�,� . � < �� F�� o � �` �;� � . �� -� .�. �a�. :� � � ° '"a � ' N �� E � � � � �,=�-,� Oa � � � � � � ,'`'� � � -� '��'�� 4 0 `�� ,„ � ,,� (� � � �, p� �, � . . ��' �� '`` � � ' ,...� �,. � ;w ` "g�\� '� . � � j�"' � � � r�'�.,�-�, ' N"rj'� ..: ` ��s � ¢ � �,y � � f�1 � `-`•' `- '� �` � � � �-:`-' '" / � � �' ; �, � � � �"� "'�'�,�� e�+ � : ,!� � � � I �� i� :. � , -,s.. � � � �� ....� ...i �� ;� �� , �� i � �1 �..�- � � �,,. -� �g .��.� � .� �„��. r `� � �' �- � � f -� �'� . �. � � f,� �.�, ; �� "..��, � �„ � �� ,�.�m..:�'"� �' � s �� ' ��i� ..� ��,, �,,� .�i � � � � �r� �,,,� �"� / � �� '�*' -�� ,�� ,-:r6t � ��a��,o � � �^'' � -f � � � •�v` �� .� 'i``,��'' l �.��°= a �4 � ;� '1 �� N � �� `�+� ., i� �"� �." "� � � +� � �� o � � �°�°� � � � � '�' � � ✓ � t� �� •�� ' � � �_±� � � � � � ��..r :r. �.�c� � � � � � � � � � ,� �`�� N ,��.- g � � � � 1 � �al � S�kee� _ � �'Z,~ � a �- c :�' -�-�! .�s � %� S � - Z �- l , � , � ' � LJ ' ' � ' , , ' ' ' ' i: CITIZEN BIKEWAY COMMITTEE November 19, 1974 MEMBERS PRESENT: Bobbi Spaeth, Dennis Schneider, Vern Moen, Bette Papke, Lee Houck, Jerry Boardman, Sgt. Wilkinson MEMBERS ABSENT: OTHERS PF.ESENT: Bill Gerads, Jan Thomas, Bob Lee, and Joe Schommer John Lilly, Gharles H. Corlett, Paul Cardinal Vern Moen opened the meeting at �.:39 p.m. �, J Mr. Boardman intr�duced Mr. John Lilly fram the Department of Natural Resnurces, Trail section. Mr. Lil1y explained the bike program at State Leval, funded through shared use of snocamobile gasoline t�es of whiGh there is only about $150,000 ear marked bike trail funding. There is already tcaice as many �equests for this money that can be funded. This �oney is granted for a11 phases of bikeway development including acquisition, construction, and maintenance at a 65% State - 35% municipal shared cost. They are trying to �.ncrease funds available for trail development through the State Legislature and are setting up their Metropolitan area trail system in which only tho�e portions of trails in municipalities which are in support of the system can be funded. This system should he ready to present to the State Legislature at next years session. Mr. Lil�y also stated that on any funded trail section, they �aould :3istribute signs and posts free of charge. Mr. Moen asked if any stan.dards had been set up by the State for the construction of bike��ays. Mr. Lil.ly said that they were in the process of ckoing that now. He sa�d that it will closely follow the State af California design guidelines cahich he noticed that Mr. Boardman had. A short disctission followed on the development of the Fridley system and how it related to the StaCe Development. Mr. i,oardman then introduced Mr. Corlett an3 Mr. Cardinal from the New Brighton Parks and Recreation Department. t�r. Corlett explained the system that they used in New Bri�hton to the cammittee. He explained that the system that they had set up was simply a bike routing in which the bic�cles used si�r.ed s�reets. He said that this wasn't the most desirable type of system, but it did serve its purpose in connec�.in� sctiools, parks, and shopping areas. Mrs. Papke asked if he felt sidewalks were necessary in residential areas for trails. Mr. Corlett stated that it would deper_d on the type of traffic you would experience but in most cases he felt that it would not. Rfte� a short discussion it was decided that t�e best trail connectors could come at North Insbruck Drive, Gardena Avenue, Mississippi Street, and Rice Creek. ' Mr. Boardman presented a map showing automobile traff ic counts that had been done this summer along the designated trails. The counts as presented are vehicles per hour over that portion of the day traveled most heavily by bicycles. ' The Committee suggested that standards be set at the next meeting that will give them a quantifiable way of estaUlishing the type af system that would be needed. Mr. Boardman suggested that this be not established on count alone, but other ' fa�tors such as anticipated..bike use, location to schools, etc. be used in setting up standards. ' .� , C' ri � �� , , � ' ' , ' � ' ' ' ' �_ J � Page 2 Mrs. Papke said she was against the use of sidewalks arbitrarily along the bike lanes and said that criteria regarding how sidewalks can be determined should also be set up. A short discu�sion on how sidewalks will affect the overall plan was held. Mr. Boardman stated that this committee was ta look at both phases of pedestrian transportation including walkways as well as bikeways. He said that he would hate to see the bikeways defeated merely on a sidewalk controversy. He f elt that a sidewalk plan should be set up whi.ch could closely relate to �vhat they were planning in a bikeway, however, it could be set up in a separate section of the plan booklet. Vern Moen suggested that because of the lateness of the meeting that further discussion can be talcen up at the next meeting. He suggested that the next meeting be scheduled for Dec�cnber 4, 1974. He said that he realized this was not one of the scheduled meetin�s �ut the time table set up for this project was very demanding and needed all of the time the conunittee could give it. Mr. Boardman suggested that the committee should hold its own series of public hearings before a final plan is sent to the City Council for their review. He said that this would not only zelieve some of the burden put on the Council, but will serve to better inform the City residents as to cohat the plan is and to voice their objections to those people on the committee who represent them. It will also provide an opportunity for the committee to make revisions that they feel are necessary after the hearing in order to make it a more acceptable plan. The next meeting was scheduled fnr December 4, 1974. Mr. Moen. adjourned the meeting at 10:05 p.m. Respectfully submitted, ��i � ,,;�-u,!,�i' .,,;,•.�,,,./,...��...-- Jerrold Boardman -�,�^° � � lJ , ' � � CITIZEN BIKEWAY CON�"IITTEE December 4, 1974 MEMBERS PRESENT: Vern Moen, Bette Papke, Dennis Schneider, Jerry Boardman, Jan Thomas, Lee Houck, and Bobbi Spaeth MEMBERS ABSENT: Joe Schommer, Bob Les, and BiII Gerads Chairman Vern Moen opened the meeting at 7:33 p.m. Jerry Boardman suggested the com:nittee set up some criteria for the type of bikeways they have set up, and for the ty�e of bikeways that are required or needed in the future. These criteria can be based on traffic counts, on moderate bicycle use, or projected bicycle use. 'Vern Mo�a� added that this could be done in proximity with the schools, parks, and public centers. 10 ' Mr. Boardman presented a plan ior the propasal of a 5-year sidewalk improveraent program. Mr. Boardman explained that before the committee was set up, it was planned to have a bicycle route with sidewallcs a11 along the route, subject to change. T1lustrations on the plan indicated where the Engineering Department , felt sidewalks were needed. The school districts had suvmitted their recomznendations on sidewalks a1so. Jerry Boardma.n felt it would be a good idea to have a separ�:�e section in the plan for the bikeway.system and the walkway system. Bette Papke ' asked cahat the cost would be for the construction of a sidewalk in front of an owners home. Mr. Boardman stated it would be approximately $7 a linear foot. If the sidewalk was proposed wi�h the bikeway plan, Mr. Boardman explained ' it would be a general cost to the City and not the property owner. Mrs. Papke expressed her concern with cost to the elderly and the reti?�ed people in the community arzd how this would affect them. ' Jan Thomas said the only street in her area where she felt a.sidewalk was needed was Osborne, She anticipated in the future that Old Cen�ral might need a sidewalk but did not feel it was necessary at the present tim�o Mro Boardman recommended � it be proposed in the p1an, and �u11ed a� a Iater sta�e if necessaryo Further discussion was held on the need for sidewalks a.n certain areas of the Cityo ' Jerry Boardman suggested setting up a meetin.g date with the Bikeway Committee, Parks and Recreation, and Planning Commission, so the committee may obtain some of their input into the system a1so, The commitfiee set up two tentative dates for the joint meetin�; January 6 and Jarniary 13. A decision wi11 be made before , that time when to hold the meeting. Mr, Boardman said he hoped the Engineering Department could come up with a cost estimate before the next meeting. ' ' ' ' � Mr. Boardman said the committee would have to deal with some of the legal aspects of the system such as recommendations in changing some of the ordinances for a safe system, Mr. Boardman said he wou�d check with the City Attorney on this matter. Mr. Boardma.n said he had gathered some criteria for classification: Class 3- bike route (less than 140 motor �rehicles per hour, residential character, relatively low volume bicycle traffic). Class 2- lane (more than 140 motor vehicles per hour or less than 600 motor vehicles per hour, relatively high volume bike traffic, cannector of traffic generators). Class 1- path (separate completely from auto traffic if more than 600 motor vehicles per hour or part of a park system or scenic route system). i .?� A Page 2 � 1 ' MOTION B.Y DENNIS SCHNEIDER TO ACCEPT THB THPEE DESCRIPTIOVS AS OUTLINED. Seconded by Bobbi Spaeth. Upon a voice vore, the motion carried unanimously, SXDEWALK PLAN The committee studied Ct�e color coded map of existing sidewalks in the City and sidewalks t� be put in next sum�ner. Mr. Moen said the committee should keep in mind connection points throughout the establishment of the bi��eway/walkway system. ' Vern Moen suggested setting up some preliminary stages in sett�ng up criteria. 3an Thomas felt the first areas to be c�nsidered should be the more dangerous areas. Mr. Boardman emphasized that one ot the goals of t�ie committee was to ' proaide for a sa�e access to pedestrians and bicyclists. They must consider providing an access to a11 school recreation areas and majbr traffic generators. ' Various additions and changes were mad� on the map indicating where sidewalks should be included in the p1an. The committee discussed the possibility of having sidewalks put in near Moore Lake. They cauld either have a widened sidewalk on one side of the street, or have si.dewalks cn both sides of the streei:. ' Mr. Boardman thought it best if they included this in the plan at the present time,.and pull at- a later stage if necessary. Bette Papke did not agree with this. She said she was quite concer.ned whether or not side�,=a11cs would be put ' in since she was representing this neighborhood and had spoken with many of her n�ighbors who were o�posed to sidewalkso A lengttrj= discussion followed. ' MOTION BY LEE HOUCK TO CONTINUE THE SI_i�EkTALK PLAN ALL THE WAY AROUND MOORE LAKE. Seconded by Denn.is Schneider. Upon a voice vote, the motion carried, Bette Papke dissenting. MOTION BY VERN 24.^,EN TO AMEND 'i'�� MO'�ION TO READ, "T�L�' CG.�IITTEE CONTINUE THE STDEWALK PLAN ALL THG WAY AROUND MOORE _I.LiKE, FOR LATER STAGING. �� ' Seconded by Dennis Schneider. Upon a voice vote, Paplce dissenting, the motion carried. ' � ' ' ' ' ' ' Vern Moen said he had received no repiy from the absent members who were sent a letter in re�ard to their absence. Mr. Boardman said a letter would be sent to Council requesting that these ;nembers be replaced. PSr. Moen thought it important to have �ull representation, Lee Houck asked whether there was a�ry communication from Burlington Railroad yet? Mr. Boardman said he had received no further notice, but would check into it. AD JOtJRN�'�NT Vern Moen declared the meeting adjourned at 10:20 p.m. The next meeting will be Wedr:esday, September 11. Jerry Boardman said he would have a breakdown of the cost estimate at that meeting. Respectfully submitted, ��lE' ��''�1,9 ��-�� ` Record' S cretary � ' ' � ' ' ' ' � ' ' ' ' , ' ' ' �; ' MEh10 T0: Nasin Qureshi , Ci ty htanager P�IEh10 FP.0;�1: Ri cl7ard Sobi ech, Di rector of Publ i c Works Paul Ero4•m, Director of Parks and Recreation MEMO DA7E: Decernber 12, 1974 SUBJECT: Grace Hiyh School Addition Plat and Agreement The attached correspondence was directed to us regarding a proposal � from Grace High School for yranting of sidewalk easements and use of recreational facilities in lieu of the reo,uired park fee. Review of the present agreement for use of ice facilities at Grace High School indicated a lack of a substantial comrnittment regarding the use of the facilities over a definite period of time. i�lith the present agreement, a request for the City ta vacate the facilities after a��ritten notice nf 30 days would have to be horored. 7his would result in the elim7nation of a recrea�ion- a] facility in.�-rhich the residents in the area have come to rely. The proposa] which indicates a five year agr�ement with appropriate renewal clauses togzther with the use of the tennis facilities and consideration of the lease for addi- tional land for nature interpretation offers recreational facilities required to justify a�,�aiving of ihe park fee. The comments regarding the dedication of sidewalk easements a��ere reviewed in regard� to recent recon�mendations for location of sidet�valks as determined by the Qikeevay/Walkway Committee. At the presen� time it would be more appropriate for the sidewalk to be constructed on the east side of Arthur Street in order to provide proper access ta North Innsbrucfc Park. The proposal to grant a five foot sidewalk easement on the arest side of Matterhorn Drive in lieu of the east is reasonable since it is unlikely that sidewalk would be installed on both sides of the street. ' In view of the forgoing it is requested that the attached agreement be considered by the City Council at the regular meeting of December 16, 1974. It is recommended that the Council approve the execution of the agreement, waive th� required park fee in lieu of the agreement and approve the final plat. 11 ■ � ♦ 4.� p ' l ` ' December 11, 1974 � ' ' ' � ' ' ' '. � - ' ' ' ' ' ' ' Richard Sobeich, City Engineer . Darrel Clark, Director of Conununity Development City of Fridley 6431 University Avenue 23.E. Fridley, Minnesota 55432 Gentlemen: This is in reference to Final P1at, Grace High School Addition, P.S. �74-02, generally known as the Grace High School property, south o€ Gardena Avenue N.E., approved by the Fridley City Council at its regular meeting of June 10, 1974, with the following stipulations as reconunended by the Planning Commission: Stipulations • l. Provide underground utilities. 2. Work with the Engineering Department on drainage and elevations. 3. Developer of property plant one tree on each lot, l� tp 2 inches in diameter. 4. Negotiate with City on use of existing recreational facilities of Grace High School, in lieu of park dedication. 5. I�egotiate with City for a five foot (S') sidewalk easement east of Matterhorn Drive, south side of Gradena Avenue, and the west side of Arthur Street. ' The Grace High School Corporation (School Board) has reviewed this matter and makes the following proposals to the stipulations and requests the City of Fridley to concur as follows: � (a) Agree to comply with Stipulations No. l, No. 2 and No. 3 as pro- � posed by the City of Fridley. � (b) Agree to a five (5) year contract with the Gity of Fridley from • J,anuary 1, 1976 to December 31, 1980 for use of the Grace High School hockey rink and warming house under the present contract terms and conditions and use of the Grace High School tennis courts .. for special tournament use on a City supervised basis in lieu of �, payin� the $4200 park fee (platting of 14 lots @$300 per lat). Sixty (60) days prior to the termination date di this agreement, representatives of the City of Fridley and Grace High School shall meet to discuss and review the terms and conditions of a proposed new agreement for a period of time as agreed to by both parties. - � 11A . �' .., Page �tao � City of Fridley December 11, 1974 (c) Agree tio a fi.ve foot (5') sidewalk easement on the west side of Matterhorn Drive and ttie south side oi Gardena Avenue and that the City of Fridley further stipulate that the sidewalk eonstruction cos�s, �ahen incurred, sha11 not be levi'ed against the Grace High School property. (d) The Fr.idley City i3aturalist lias proposed leasing a section of t}ie Grace liigti School property for a ten (10) year period for purpases of a nature cenL-er. A comprehensive study ��ii be undertalcen by the Grace Higii School Corporation to review tlie City's plan for. the property east of Arthur Street, the specific proposed land use for the Grace Higii Sctiool property and the �eneral effects of the surr.ounding area. This study will be cornpleted in mid 1975 and appropriate action will be taken. • Your cooperation on this matCer has been greatly appreciated. i� Very truly yours, GYACE lilG:i SC�LOOL COP�PORt1TI�QN � � � l �� ..' �—� . thony C. Gnerra School Board Director , � . . _ , �' � Thomas Kel School Board Direc r ' � • ' trick Casey School Superintendent _ � 11 B . . �� ' , ' 1 , , �' ' I� � , , � ' , , ' , llC AGREEMENT Thi s agreel�lcnt er�tered i nto thi s day of , 19 , bet��reen Gra�e Hiyh School and the City of Fridley, a hiunicipal Corporation in Anoka Couni:y, State of P�linnesota. 4lHEREAS, sa-id school is the owner of a school site described as Parce1 1200, Plat r53924, located ir Section 24, Township 30, Range 24, City of Fridley, Anoka County, P-?i nnesota; and ��iHEREAS, it is in the best interest of both parties that an agreement be entered into for the use of certain facilities. NQW THEREFORE, it is agreed between said Grace High School and the City of Fridley as foilo�,�s: 1. That the City can make use of the Grace Nigh Schaol tennis court for special tournament use on a City supervised basis, a schedule of use to be prepared by the City and approved by Grace Fligh School. 2. That a portion of Grace Hign School properiy maybe used for park and playground purposes. Grace High School hereby gives specif-ic approval to the City ta construct a general skating area plus a hockey rink, with portable hockey boards to be located on said praperty. This skating facility to be used by the neiyhborhood ar,d by school authorities until further notice by either party. The City of Friclley may also have permission to use gymnasium facilities and other facilities at the Grace High School site as approved by Grace High School. 3. That Grace Nigh School �;ill be r�sponsible far 1. 4larming house facilities. 2. General lighting. 3. Hockey rink lighting. The City of Fridley will be responsible for 1. Ice Maintenance and snow removal. 2. Warm- ing house attendants. 3. Hockey baard installation. - 4. That the City will submit any plans that it may have for grounds improve- ment or construction to Grace Nigh School before any viork is commenced. The use of said school site for park and playground purpases will be limited to such time as to not interfer �r�ith the regu7ar school program at said school. During periods of operation of the school program, Grace High Schooi sha71 have reserved to it a proprietory right to make full<use of all improvements or facilities installed upon school site by the City. 5. 7hat each o-F the parties will do whatever is necessary to maintain and 6. It is understood and agreed that this joint use and joint improvemen� of said school site shall continue for a five year period commencing frpm the above date. Sixty (60) days prior to the termination date of this agreement, representatives of the City of Fridley and Grace High School shall meet to discuss and review the terms and conditions of a proposed new agreement for a period of time as agreed to by both parties. This agreement adopted on the date above written. GRACE HIGH SCHOOL CITY OF FRIDLEY � ' , LJ ' ' Planning Com mission Meeting - May 8, 1974 _ Page 12 ].],� recreation needs the City has. It's a case of getting what you pay for. If we just want a basic armory, it is not going to pr.ovide the things that vari�us members of the City staff said they would like to have in this armory. Mr. Fitzpatrick said his feeling was that if-this armory proposal goes through, people would have the illusion that we were solving our indoor recreation �x9blems., and he didn't think we were. He said l0 years from now when Fridley might be looking for a building for indoor recreation, he didn't want people to say they thought this was why we had an armory. • Mr. Lindblad said he agrees with Mr. Fitzpatrick. He said the people he has talked to are thinking of an armory as some sort of civic center, and no matter what you tell them on what the armory will provide, they will still think they are getting something else. . , Mr. Harris asked Mr. Lindblad if he felt we wern't getting our dollar v4lue out of �his building? Mr. Lindblad said he felt we were get�ing our dollar value, but he still�felt people have a misconception on what facilities could be provided by an armory without the cost ' �being much higher that what we have been talking abaut at this meeting. Mr. Harris asked�if anyone thought the people would be willing ' to pay for what they want. Mr. Lindb].ad said no. Chairman Fitzpat�ick said that if they were, we would already have an indoor facility for ' recreational purposes. UPON A F.OLL CALL VOTE ON THE ORIGINAL MOTION, HARRIS,�AYE, LINDBLAD, NAY, DRIGANS, �IYE, FITZPATRICK, ABSTAINING, THE MOTION CARRIED. ' Chairman Fitzpatrick said he abs�.ained because he was not convinced that this will provide what we want it to provide, Until negotiations continue, until there is a Public Hearing by the Council, and after we know in more detail what this will be, he felt he was not ready to r_econunend that Council take favorable action. To recommen� to Council they they consider it and pursue it, he had no objection . to that. He said he thought the Planning Commission has done what the Council asked them to do. We have made a recommendafion, along with the time schedule and cost. "" -- -�-- . . m P . 7�-p2 '� F A PRELIMINARY PLA_, .S # . 3. �'UBLIC HrARING: CONSID�ZIITION O � GRACE HIGIi SCIIOOL I�DDITIQN BY JEi:OME N. JULIUS : Be�g a re�lat �. � of `the� Southwest Quarter of the Northeast Quarter of S��etion _24,- • and that pari� of the Southeast Quarter of the Northwest Quarter of Section 24, except that part already platted as Parkview A'ianor and Parkview Heights Addition, generally known as the Grace High School property, South of Gardena Avenue. Mr. Jerome Julius was present. • MOTION by Drigans, seconded by Lindblad, that the Planning Commission waive the reading of the Public Hearinq notice on the preliminary p1at, P.S. N79-02, Grace High School Addition, by Jerome N. Julius. Upon a voice vote, a11 voting aye, the motion carried unanimously. � S ,� ' ' � � Planning Commission Meeting - May 8, 1974 Page 13_ ll C Mr. Clark said this item was before the Plats & Subdivisions- Streets & Utilities Subcommittee on May 1, 1974. A1ong with the approval of �his request, there were five stipulations. The f�.£th s.tipulation is about an easement for a bike-way and walkway. The pres�nt bikeway-walkway plan that is being considered by the Council in the Comprehensive Park Pl.an, the bike-way is not in this location at all. It goes up Ar_thur Street past the A-frame building in the park. As we probably canforesee sidewalks in this area, in the future, this should be changed to a sidewalk easement on the.East side of Matterhorn Drive, the South side of Gardena and the West side of Arthur Street. � ' Mr. Clark said the Archdiocese of St. Paul is platting all the . land they own. Block 1 is �ahere Grace High School and their recreation facilities are located. Across from Matterhorn Drive, they are ' platting 14 R-1 lots. Matterhorn does bend, so the depth of these lots vary from 143 feet deep on the North to 330 feet deep on the South. These lots back up tre lots that face Tennison. ' J ' ' ' � Chairman Fitzp�trick asked why there was no requirement for park dedication? ,h1r_.__C.�ark.,.said_that at�t��.�preseni: tim�,��the Gi_ty is, ,..,_ ._.,.....�.._._....s.... using recreational facilities of Grace Fiic�h School., such as the `hockey`rinl:,~ ��:L�'��v..and__��"�-'�.et��r`te: I� was felt that because of �his situation, the park dedication shoul.d be waived. P�Ir. Fitz- patrick asked about the developer of the R-1 lots. Mr. Clark said this was owned by the Archdio��se of St. Paul also.. Mr. Clark went thraugh the five stipulations of the Plats & Sub- divisions-Streets & Utilities Subcommittee. Mr. Harris asked Mr. Clark if there was any problem of any of these lots being unbuildable as far as elevatians. Mr. Clark said the pla� was a little higher in the South and some of this could be brought up to the North portion of the plat, otherwise the lots were quite f lat. � Chairman Fitzpatrick asked if Grace High Schoal used all the property East of Matterhorn. Mr. Clark said they did. , Mr. Fitzpatrick asked if Matterhorn Drive was completed. Mr. Clark said it was and that vras part of the rea�on for this plat, because of the special assessments, so they could sell this portion , of the pr.operty. . , ' � ' ' Mr. Drigans asked Mr. Clark to,explaa.n about the utilities and drainage again. Mr. Clark said they have asked for.an Engineering profile on this plat, so it could be determined if the drainage from this plat could be surface drainage to the street, or_ if ther.e was a need �or a storm sewer. He said that Mr. Julius stated at the meeting of May lst tliat Nor.thwestern Bell had already contacted him about changing the utilities on this plat, and as the telephone and electric lines are usually on th� same pole, this should mean that all the utilities would be underground. . � , ' ' ' Planning Commission Meeting - May 8, 1974 Page 14 �-1.F Mr. Drigans asked if this meant that all the utilities would be underground in this area. Mr. Clark said that the utilities are already-underground in innsbruck. In a new development, there is no cost for underground uti.lities, but if the existing facilities are converted to underground, then there is a cost. There is no problem of going from overhead to underground utilities from one area to another. Mr. Frank Caputa, 5841 Tennison Drive, said there will be no access to his back yard with the development of this plat. Mr. Clark said that was correct, that there were not very many places in Fridley where there is back yard access. Mr. Gary Johns, 5832 Tennison Drive, asked if these lots were ' , going to be used for one family dwellings or if they would be rezoned. Mr. Clark said this is being platted a R-1 lots and there has been no request for rezoning. � , , � , , , ' � , Mr. Julius said they had no intention of rezoning this property. There were just interested in selling it, but this taas difficult to do without it being platted. , _• . Mr. Drigans asked Mr. Julius if this would be sold to one developer. Mr. Julius said this was the preference. Mrs. Joanne Elwell, 5866 Hackmann Avenue N.E., asked how much in the fu�ure these sidewalks would be put in. She said she has chil.dren who walk to school in this area, and would like to see the sidewalks put in. Mr. Clark said that as far. as this plat is concerned, all c•�e are asking for is dedication of the right of way for sidewalks so they would have the right of way when they want to put sidewalks in. MOTION by Harris, seconed by Lindblad, that the Planning Commission close the Public Hearing on fne request for a prelimary p1at, P.S. #74-02 Grace High School Addition, by Jerome Julius. Upon a voice vote, a11 voting aye, the mation carried unanimousZy. . DSr. Drigans asked Mr. Clark it this plat met all the requirements? Mr. Clark said we haven't go�ten the Enqineering profile yet or obtained the sidewalk easement, but the lots do meet the size require- ments and water and sewer, and the streets were in. � Mr. Drigans said these are quite large lots. Mr. Fitzpatrick said the ].ots South of this pTat are quite large also. Mr. Julius said he thought this area could'be compared with Innsbruck and they wanted the lots to be this large. _ . MOTION by Harris, seconded by Lindblad., that the Planning Commission recommend-to Council"approva? of the preliminary plat, P.S. N74-02, Grace iligh School Addition, by Jerome N. Julius, a replat of the South- 'west Quarter of the Northwest Quarter of Section 24, and that part of the Southeast Quarter of the Northwest Quaxter of Section 24, excep� that part already platted as Parkview Manor and Parkview Heights Addition, generally known as the Grace High School property, South of Gardena Avenue, with the following stipulation's: . . ,_ � ' • . " � _ . . _ _ _ , ..,:., , � 1 ' , � Planning Commission Meeting - May 8, 1974 Page 15 l�. G � ' ' ' � J � , , Z. Provide underground utilities. 2. Work with the Engineering Department on drainage and e2 eva ti-ons . � 3. Developer of property plant one tree on each 1ot, 1� to 2 inches in diameter. 4. Negotiate with City on use of existinq recreational facilities of Grace High School, in lieu of park dedication. � 5. A'egotiaL-e with City for a five foot sidewalk easement East of Matterhorn Drive, South side of Gardena Avenue, and the West side of Arthur Street. . UPON a voice vote, a11 voting aye, the motion carried unanimousZy. 4. PUBLIC HEAP.ING: REQUEST FOR 1� SPECIAL USE PERMIT, SP #74-06, BY GEF.ALD L. BLOi�I5: Per Fridley City Code, Section 205.051, 2, A, to allow construction of a second accessory building on Lot 5, Block 3, Parkview Manor, the same being 5845 Hackmann Avenue N.E. Mr. Gerald Bloms was present. MOTION by Drigans, seconded by Harris, that the Planning Commissior� waive the reading of the Public Hearing notice on the request for a Special Use Perrimi t, SP �{74-06, by Gerald L. Bloins. Upon a voice vote, a12 voting aye, the motion carried unanimously. Mr. Bloms said he wanted to build a detached 22 ft. x 2� ft. garage in his back yard. He has a single attached garage and this is too small. He has a car, pick-up truck, boat, 2 snowmob�les and other things to store, and he needs this garage for storage of these items. Mr. Fitzpatrick asked how much room he has on the side of his , house for a driveway for this garage. Mr. Bloms said he�thought he had 14 feet. Mr. Clark said the survey shows he has 12 feet, but this ' was enough room for a single driveway. . � � Mr. Bloms said the garage would have the same exterior as his house. Mr. George Rapaich, 5858 Hackmann Avenue N.E., said his question was whether this second garaqe was going to be used for storage, or ' if it was going to be used for mechanical work. He said he wouldn't want to see cars sitting in the street o� mechanical work going on late at night. Mr. Bloms said he works.on his own car when it was necessary, but he has no intention of working on other people's cars. Mr. Harris asked the petitioner why he was placing this garage so iar back on the lot. Mr. Bloms said he had some trees he wanted to save and it wouldn't take so much.o£ his back yard at this location. 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I A RESOLUTION APPROVING THE EXCEiANGE OF PROPERTY FOR PARK PURPOSES WHEREAS, the City of Fridley had retained Lots 10-15, Block 6, Oak Grove Addition for ponding purposes; and iVHEREAS, an improved drainage system has been installed in this vicinity, rendering these lots needless as a ponding area; and 1NHEREA5, the City Council of the City of Fridley did by Resolution Number 41-1974, attached hereto as Exhibit A, approve the purchase from the Sta�e of A4innesota of Lots 10 through 15, of which Lots 12 through 15 were to be exchanged for Lots l and 2, Block 1, Harris Lake �states for park purposes; and WHEREAS, the City Attorney has provided an examination of title for Lots 10-15, Block 6, Oak Grove Addition, which examination is attaclied hereto as Exhibit B; and IUHEREAS, Lats 12 throug}i 15, Block 6, Oak Grove Addition have been purchased by the City of Fridley; and Lots 1 and 2, Block 1 are owned b� Janice h1. and David 0. Harris and are presently valued at approxi- mately $3000.00 more than the lots acauired by the City, the Owners of Lots 1 and 2, Block 1, will agree to an ec�ual exchange of property for the benefit of the City of Fridley, and its Park and Recreation Department. It has been a.greed that the City, the owner oi said Lots 12 througIl 15 and the Property Owners, owners of said Lots 1 and 2, will bear the responsibility of all special assessments (past and pending) taxes and penalties due as of November 4, 1974. � NOL'V, THEI2EFORE, BE IT RESOLVED, that the City Council of the City of Fridley does approve the exchan�e of Lots 12, 13, 14 and 15, Block 6, Oak Grove Addition for Lots 1 and 2, Block 1, Harris Lake Estates for the purpose of increasing in size the already dedicated park in Harris Lake Estates. BE IT FURTHEI2 RESOLVED, that the City accept the deeds for Lots 1 and 2, Block 1, f3arris Lake Estates and that the Mayor and City Manager be authorized to execute tlle deed for Lots 12-15, Block 6, Oak Grove Adciition and deliver same to the Developer, and that the Mayor and City h9anager be autliorized to execute attached agreement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , DAY OF ' ' ATTEST: 1974. ' CITY CLERK - Ml�iZVIN C. BRUNSELL A4AYOR - FRANK G. LIEBL � �_ � , , , ' r ' EXHIBIT A RESOLUTTON N0. 41 -1974 RESOLUTION TO CONUEY TO THE STATE OF P�INNESOTI� CERTAIN LANDS CONVFYED IN 1971 TO THE CITY OF FRIDLEY FOR PONDING PURPOSES. 7NEN TO RCPURCHASE FROP� THE STATE OF P�INNESOTA AT APPP,AISCD VALUE FOR THE PURPOSE OF TRADINu SAID LOTS FOR LAND TO INCREASE THE SIZF OF A CITY PARK JUS7 ACROSS TfiE STREET TO THE SOU7�H. 41HEREAS, an improved drainag� system is being installed in the vicinity of Lats 10 through 75, Block 6, Oak Grove Addition, said iots being located North of P�ississippi Street and East of Fridley Street. WHEREAS, this drainage system renders said lots needless as ponding area. LJHCRFAS, th� area South of h1iss�ssippi Street in this generaT are« is being developed for resiciEntial sinyie �family homes and a portion dedicated for park purposes� and WHEREP,S, The City 4�rould nePd more park� area than the dedicated , pertion and rath�r than hav� tti>ro sr��all parks on each side of Mississippi StreE�, , , ' , � NO1�I,THERCFOP,E, aE TT RESOLVED, by the City o� Fridley Council, that the G�ty of�°Fr�idley� retur►�, aforemeriioned lots io f�he S�rate of hiinnesota and requ�st the right to pu��chase same a�; appraised value 1;0 ��hrade or sell for lots adjoining said dedicated park in the Harris Lake Es tates r'Iddi ti on . ADOPTED BY TF-IE CITY COUNCIL OF THE CITY OF FRIDLEY TIiIS 1ST DAY OF APRIL, 1974. ATTEST: h1ARVIN C. BRUNSELL - CITY CL�P.K 0 MAYOR - PR/�NK G. LIEBL �AI , ' ' , , , ' , , r , , , ' �� ' , ' � LAW OFFICES WEAVER, TALLE $ HERRICK CMARLES R.WEAVER . . � � � � � � HERMAN I.TALLE � . � � . � . VIRG�I C.NERRICK � � � �� ROBEHT MUNNS . � � � � JAMES D. GIBBS � W�(,LIAM K. GOODRICM . .. . . TFIOMAS A.GEDOE � } JEFFREY P, HICKEN AUC�USy ��,��1974 T0: CITY OF FRIDLEY 6431 University Avenue Northeast Fridley, Minnesota 55432 EXHIBIT B � B 316 EAST MAIN STREET � � ANOKA, MINNESOTA 55303 421-54�� 6279 UNIVERSITY AVENUE N,E. FRIDLEY, MINN[SOTA 55432 560-3850 FIRST�STATE BANK BURDING COON RAPIDS,MINN.55433 755-1330 This is to certify that I have this day examined the title to the following described real estate situated in Anoka County, Minnesota: Lots 10, 11, Block 6, Oak Grove Additian to Fridley Park, together with the Westerly 1/Z of the vacated alley, adjacent thereto, lying North of the South line of Lot 15, extended Easterly and South of the North line of Lot 10, extended Easterly; AN D Lots 12 and 13, Block 6, Oak Grove Addition to Fridley Park; AND Lots 14 and 15, Block 6, Oak Grove Addition to Fridley Park, by an examination of the Abstracts of Title hereto last certified �io on the 25th day of July, 1974, together t��ith an examination of the -tax and the judgment certificates thereto attached and together with an examination.of th� records of the Anoka County Abstract Company. From such an examination, I am of the opinion that good and marketable titie to the said premises' �vas on that date in CITY OF FP,IDLEY, A GOVERNMENTAL SU6DIVISION OF MINNESOTA. Subject, however, to the following exceptions and encumbrances ther�on: , VCN:jjh 1. 1974 taxes not assessed. Real estate taxes due and payable in 1973 and all prior years are paid in full. . 2. Subject to any special assessments levied thereon. 3. Subject to the rigl�ts or claims of any person or persons having furnish�d labor or material upon said premises �rithin the past 90 days to claim a lien upon said premises therefore, and to the rights of any person or persons in possession thereof. 4. Subject to state and local governm�ntal zoning, building restrictions and conveyancing requirements. 5. Subject to ques�;ions of survey. WEAVER, TALLE & HERRICK _� " , ,' , -'i �. % __ %...c,..�.��. . �`�, l _.� �!. � L � , " Vi rgi 7��C . Herri ck � , ' CJ LJ , , ' ' ' S r.atc o:f �Iiz�nesoLa Co��nr.y oi� _'1��oka 1�ItJTUl1L �CRL';Ei.�:�\T �C t 1 l''i � n � � i (� 'I'IIIS �.C1�.}:�;.�,EV'1' �liad..� aticl cxectit.�c. t}�:i.s � day of �ecc��-� 197=1, by aild b::t��cc�r� D:AV:[D 0. �It1RR_[S and J'�\'ICLi ht. Iii1RI:IS, liereiit-� a.Eter callec� the 1'xoperty O,Vners and the C:L'I'1' OF� I�R:[DI.i:Y, a muliici��a1 cor��orata.on o:E �hc Staic of P,linnc;ot�1, hercinaCte�� called the City; lb�fIERE:iS, t}ie Pro��rty Otivners otivri I,ots 1 and 2, 131ock 1, Ilarris La�e Est.ates; and }��}iERl:A5, the Ci.ty purchased fro�1 �the State of. l`•linnesota Lots � 1�J tllrou�h 15, Block 6, Oak Gxave �lddit:ioTi, oi �rliich Loi:s 12 throug�i 15 are to be exctiaiigccl �•rith t}�e Pxoperty Os,�ners of Lots 1 and ?, I31ock l, Haz�ris L�ike Estatcs for paxk purposes; �alcl jVHEREl�S, Lots 12 throubh 15, B.lock 6, Oak Grove Addi�ion have been purcliased by the City af Fr•idley; arid Lots 1 and 2, B1ock 1. are owned by Lhe above Property Oianers and are pxesently vaZued at approximately $300C1.00 more than the lot� acc�uired by the Ciiy, the Otieners of Lots 1 and. 2, Block l, wi11 agree to ari eaual exchange of proper.ty £or the beneL-it oF the Ci.ty of Fridley, and its Park and Recreation Department. It has been agreed that the City, the Qivner of s�.id Lots 12 through 15 and the Property Owners, owners of said Lots 1 and 2, will bear the respensiblity of all special assessments, (past and pending) taxes a.nd penalties due as of November 4, 1974. NOl'r, T�IERE��OI�E, I�E IT' I�GR�iED, that. the City ti,r�_11 exchange �v�,tlt , the Px�o��erty Owners �ats 12, 13, 14 and 1.5, Block G, Oak Grove �aa�-��a�� for Lots 1 and 2, L'lock l, lIarris Lake Est�tes for the pur- pose of increasilin i11 size tl�e already c1E�dicated paxk i11 IIarris Lake ' Estates, �vl�icli exchan�e iv:ill takc� p1_ace follaiJiil� px�oper qu�_et title action ozz the Ci�ty oc�ned propc;rty. BE IT FUI:TI-II:R �GP�I;ED, tlia �, the City acce��ts tlie cleeds for Lots 1 ' and 2, Block 1, Harri.s La?�e E�;tates and that the Px•opexty Otivner accepts the deed �or Lots 1?. throu�h 15, ]31oc�: 6, Oan Grove lldditian. ' TN LvI'I'�'�F:SS Sti'III;I:EO��, thc parties }�exefio tiave set theix hands tliis �"-��`__` day of � �.�_�:Vr,_.C.��,i , 1974. �� ' , ' ' In Preser�ce of ` n %1. � �� , � 1'xo �erty w�ier• (!-lus � id) `D�C�� _(i�r _ _ ��; �� -C�..�i � �``'`�?�%2!��!-� i�� " , , , � 1 r��er�.y O.�ne (IVifc.) S'1'1\'TE OI� ,•I I i�'� L• S0'1'n) ) ss COU�\' 1'1' n�� n�;0}�A ) On thi.s _Fr�``_ d�iy, oI _:.��-rz�,�.i��;��/ ,-197�1 , he:f:orc rne, a Notary Publi.c w_itlli.n ancl 1or said Cot.;it�', 11E:1'501111�y <<E��cared Dtiti�id 0. liarris , ailcl Jan:icc: �1. 11� rr.i.ti 1.o ric kno�•�i c �,�� il rihecl i�l aiid k��.� ��,�,�,��`��,�. :�`�'��, ��.�� :lio exec�u �ed t}ie forego:i iir; i�is t��intar�� ilic( ;a�c�.��YCa��rJ e�i-t�,ccl� t}iat t]icy . exccl.ited t}ic s.lrne as tlieii� Ex�ec� �y}�s,fi�.. �;ii�r�Tt3c�ce'�l+.�c;-n��!rv��tsoTF�� / '� • �.'�1 A � ;'":°,�•. �CUNTY � �, � i.��-f/'./' � � �..�_ti...: � � tL � "ty C�,mrn�<si�;n Er.rires �� ay i l, 191I �• XVV'��''�"v y"J'J"� � �'i�'dV� �VBMf�"t�'V�t`3tlV+1tl"f�X �, ,4'�! � � riu'I'U11L nciz�,�;��:rl�r ��df,� z I�' 1vII'�'�ESS 1�IiEl:F:OP, t}ie parLies hexeto }lave set tlicir }1�1T1CIS this , y�� day of _ ��..�,,-,t.��esJ � 1974. In Presence of S'I'ATE OF AIIN�ESOTA) ) ss COtJNT�' OF l�NOI�A ) Mayor. - ��xank G. Liebl Cit}' Nlanaoer - Nasim N1. Qureshi On th�s day of ,].�J74, be�fore rne, a Not.ary Public wi_tl�in and for. said C�unt}�, personally appeaxec? Frank G. Liebl, i�iayor ancl Nasim Ai. Quz•esh�., City �Iariagex, to me kn�i�rn to be �he persons d.c;scribea iT�, and who executed the fore- goiitg instrumezlt and acl:no�aledged that they execuied the same as their fxee act and deed. 0 � � � En / � �� R:ESOLUTION AUTHORIZING PABTICIPATION IN THE SUBURBAN RATE AUTHORITY; DTRECTING THE EXECUTION ILND DELIVERY OF A JOINT POWERS.AGREEMENT; AND DESTGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF TIiE SUBURBAN RATE AUTHORITY . WHEREAS, the City of is authorized by Minnesota Statutes, Section 471.59 to enter into joint and cooperative agreements with other governmental units, and WHEREAS, the City Council has determined that the City cooperate with other municipalities in the mon.itoring of • utility services in the Metropolitan Area by participating in the Suburban Rate Authority, and WHEREAS, the Cii�y is presently a member of the 5uburban Rate Authority established by joint agreement in 1962 to administer the regulatory provisions of uniform franchises granted to Minneapolis Gas Company, and WHEREAS, the City Council has determined that it is necessary and desirable that the Suburban Rate Authority continue in existence, natwithstanding the assumption of utility regulatory powers by the State, for the purpose of monitoring utility services and participating to the maximum , degree possible in �he utility rate-m�king procedure, and ' that the Suburban Rate Authority's scope of activities be broadened to include electric utilities and other utilities if necessary. NOW� THEREFORE� BE IT RESOLVED by thE� City COUriCil Of , Minnesota, as follows: � , � �� 1. The Mayor and (Clerk, D4anaqer) are authorized and directed to execute the attach�d Joint and Coop�rative Agree- ment providing for membership of the City in the Suburban � Rate Authority. � 2. in accordance with the provisions of the Joint and Cooperative Agreement, the Council hereby designates as its first director on the Board of Directors of the Suburban Rate Authority. 3. The City Clerk is directed to file a copy of the executed agre�ment together with a certified copy of this resolution with the City T�ianager of the City of_ Columbia Heights. 0 0 � � t"' .. . .. . . . . . . . . . . � �� x`. .,.. ., ,,:. , , ' . SUBURBAN RATE AUTHORITY . 13520 Bellevue Drive Minnetonka, Minnesota 55343 ' _ November 8, 1974 . � ' ' � ' � � , Dear 5RA Member: �f . As you know, effective January 1, 1975, the r7innesota Public Service Commission will assume jurisdiction of rate regulation of public utilities in Minnesota, including Minneapolis Gas Company. The uniform franchises our members have granted the Gas Company will remain in effect, but the rate regulation features of them and the SRA regulatory system will no longer be in effect. The SRA Board of Directors has been considering the question of the future role of the organization for the past months and, after much deliberation, has come to the conclusion that it is desirable that the organization remain in existence and that its functions be somewhat modified to recognize the changed regulatory system. . 1�t its regular meeting on October 16, 1974, the SRA Board adopted a set of recommendations to the membership for reorganization of the SRA. These are attached in enclosure rdo. l. In essence the Board recommends that the SRA be continued, its activities broadened to include electric utilities, its membership opened to any municipality in the metropolitan area, and that its prime role be one of general oversight and monitoring of gas'and electric utility services and max- imum input' into the rate-making proceedings of the-Public Service Commission. . e: � ...: -� Please note that the Soard's recommendations are only recommen- dations; the final decision as to participation rests w ti h each municipal council. There was a general consensus, however, that the primary reasons far continuance were as �ollows: � 1. The two most critical rate filings to come to the PSC . will be the first NSP filing and the first Minneapolis Gas Co. filing which undoubtedly caill be made soon after January l, 1975. The PSC decision in these filings will set the pattern for future rate-setting anc� establish. the basic principles for future rate-setting. 2. The S12A is an on-going organization, with funds avail- able to it, enabling it to actively and effectively participate in these initial PSC determinations.� I � �� . _ � �I ' � � ' � . •' , . .' ' � < ' 3. A critical question for SRA Members is the disposition of funds in the Minneapolis Gas Co. overage account established under the existing uniform franchise. It is essential that this account be properly recognized in rates established for SRA mer.ibers. 4. The same need for cooperative activity in presenting the municipal point of view to the PSC exists as ex�sted in d�aling with Minneapolis Gas Co. 5. Unless SRA broadens-its activities to cover electric utilities there will be no effective joint municipal voice in electric rate matt�rs before the P5C. There are a number of other reasons for continuance, many of which are quite obvious to you; but they are best summed up by saying that joint and cooperative action in a field as complex as utility regulation is more effective than individual effort. I think the history of the SRA's success demonstrates that fact. The Board directed the attorney to draft a new agreement embodying • the principles set farth in its recommendations. .The agreement and model authorizing resolution are attached in �nclosure No. 2. As the agreemen� is drawn the reorganized SRA will come into existence when seven of the present menbers file the necessary documents. (Under the present agr.eement, seven'is the minimum number necessary for the contirivance.of the organization:) Any member choosing not be par- ticipate in�the.new organization will be entitled to a pro rata share of SRA assets as provided in the present agreement. � I know the council will give serious consideration to continuing �the SRA, arid I sincerely hope that�it will be continued. Because time is short, the Board requ'ested that action be.taken prior to December l, if possible, so �that necessary�arrangements for shiftirig to the new�organization can be accomplished by J�nuary 1, 1975. 'Council action by motion or resolution indicating intent to participate and c.ommunicated to me or Mr. L�eFevere by letter will be sufficient, and the docurnents should be executed and filed as soon as possible thereafter. ' � Also. attached as Enclosure No. 3 is a draft franchise�for 21SP and a memo explaining its development. The Board instructed me to send this to all members for their informat�on. , Thanks for your consideratian and I look forward to hearing from you soon. � 0 � DA:DJK:caw Enclosures cc: City Clerk i , Very truly yours, SUBURBAN RATE AUTHORITY /s/ Donald Asmus ° Donald Asmus, President �._,.�.. .. _ , ' The follawing recommendations were adopted by the SRA Board , of Directors on October 16, 1974: Recommendations I' The Board of Directors recommends the SRA be reor ani g zed according to the following principles: ' � � . ' i I 1. Scope�af Activity: The Authority should broaden its activities to specificall_y cover gas and electric utilities including the authority to appear before the Public Service Commission on behalf of its members.. It should be authorized to extend its activities to other public utility matters by an extraordinary majority vote of 750 of its members. While service levels and rates are no longer subjeCt to its juris- diction, the Authority would have an important role to play in input and liaison with the PSC, cooperative effort in uniform franchi'se ordinances, and reseaLCh and investiqation into utility rate- and service matters. . � 2. Nature of Oraanization: The Authority ��ould continue as a joint powers organization. Because.its functiom is changing somewhat and there�is a possible need to permit�othe'r municipalities to join, it is recommended that a new agreement be prepared and executed.by members, with membership open to any municipality in the Metro Area. � �� 3. Status of Present.Members: Any present member not.� wishing to participate in the, ne�a brganization would be entitl.ed to a return of its pro rata share of SRI� assets in . accordance with the p�esent�agreement:�• . ' � � •' : • 4. •Financing: Adequate fu�ds are available for operation . during calendar year 1975 and perhaps longer, Thereafter, �• financing would be from annual contributions from.�members and• possibly special contribut�.ons fr�m members for extraordinary costs (e. g.�rate studies, appearances before PSC •etc.} based on ari equitable formula under the present agreement. 5. �Representation: Representation on the Board of Directors of the Authority should be related directly to ' ,population of inet;��ers with a minimum and maximum limit on voting strength. It is recommended that each member have at least one vote and no member have more than'20 votes. 6. Time Frame: It is recommended that the new organi- zation be formed. as of January l, 1975. r.__.��_____ , , . :. � . __ , . i � � � 4 � � � � � fir t- - -_•. � � � � � . ' 0 Enclosure No. 2 JOINT AND CO01'ERATIVE AGREEMENT � �� I . PARTI E5 _ . � T�e parties to this agreement are governrtental units of � the State of Minnesota. This agreer.lent is made pursuant to Minnesota 5tatutes, Section 471.59, as amended. II. GENERAL PURPOSE � The general.purpose of this agreement is to establish an organization to monitor the operation and activites of public utilities in the metropolitan area; to.conduct research and investigation of the activities of such utilities; and to conduct ..suCh other activities authorized h'erein as may be necessary to insure.equitable.-and.reasanable public utility rates and service� levels for the citizens of�the.members of the organization. . . . ' • I I I . ' NAME �The name af the organizat�ion is the SUBURBAN RATE AUTHORITY. The name may be changed in accordance with Article XII. . . IV. DEFINITIONS . � Section l. For purposes of this agreement, the terms defined in this a�rticle�have the meaning given them. • Section 2. "Authority" means the joint and cooperative organization created by this agreement. Sec�ion 3. "Board" or "Board of Directors" means the Board of Directors of the Authority established by Article VI. 5ection 4. "Council" ineans the governing body of a governmental unit. � . ' •- . . . . I� � . , _ ._ . _ �., ,j ' ' i . � , � L `� � Section 5. "Governmental Unit" means a city or town in the metropolitan area. Section 6. "ASetropolitan Area" means the metropolitan area defined and described by Minnesota Statutes, Chapter 473B.02, as amended. Section 7. "Member" means a governr.tental unit which has entered into and becor:me a party to this agreement. � Section 8. "Public�Utility" or"Utility" means an investor owned utility supplying gas or electricity under franchise within one or more governr,lental units; the term may include other utilities as provided in Article XII. The term does not �include municipally owned uti].ities. � • . Section 9. "5 tatutory Cities" means cities organized under Minnesbta Statute, Chapter 412. � � ' � V. MEM3EP.SHIP . . Section l. Any governr.mental unit in the metropo-litan area is el•igible to be a member of the Authority. � ' Section 2. A governrmental unit desiring to become a member shall execute a copy of this agreement and conform to the�member- ship provisions of Article VII. Section 3. The initial r�ertbers shal.l be those members who become members on or before January l, 1975. Section 4. Governmental units wishing to become members after January l, 1975, may be admitted onl.y upon the favorable � vote of two-thirds of the votes of the members of the Board of Directors. Tiie Board may, in its by-lacas, impose conditions upon the admission of additional members. � -2- T .. f ' Section 5. A change in the governmental. boundaries, struc- ture, classification or organization of a govsrnmental unit affects the eligibility of a unit to become a member of the Author� ty. ' VI. GOVER?�dING BODY: BOARD OF DIRECTORS 5ection l. The governing body of the Authority is its • Board of Directors. Each member is entitled to one director on � • the Board. Each director is entitled to one vote for each 5,000 of population or fraction thereof of the governmental unit .' � represented by the director; provided, however, that each . director sha11 have at least one vote and no director shall have ��more than 20 votes. For purposes of this section, population of a governmental unit shall be that population determined pursuant to the provisions of Minnesota Statute 275.53. Prior to December . 31 •of �ach year, �the Secretary-Treasurer oi' the Authority shall determine the population of each member in accordance with this section�and certify the results to the chairman. . Section 2. A director shall be appointed by resolution of the-council of the members for a term of one calendar year. A director shall. serve until his successor is appointed and qualifies. Directors shall serve without compensation from the '� Authority, but nothing in this seciion shall be construed to ', � prevent a governmental unit from compensating its director for service on the Board if such compensation is otherwise authorized �I � by law . . . � 5ectian 3. The Board, in its by-laws, may provide for the � appointment of alternate directors and prescribe the extent of � their po�aers and duties. � ._ . -3- , ,I Section 4. Vacancies in the office of director will exist for any of the' reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment by a member duly filed with the Authority. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. ._ Section 5. A rnajority of the votes of the Board of Directors constitutes a quorum, but a smaller number may adjourn from time to time. VII.. MEETI�IGS - ELECTION OF OFFICEFS Section l. A governmental unit may ent�r into this agreement by resolution of its council and the duly authorized execution of a copy of this by its proper officers. Thereupon, the clerk or other appropriate officer of the governmental unit shall file the executed copy of the agreement and a certified �copy of_'the authorizing resoluti.on with the city manager of the City of.Columbia Heights, Min�esota. The resolution authorizing the execution of the agreer.lent shall a�so designate the first director for the governmental unit on the Board. ` .. Section 2. This agreement is effective on the date when executive agreements and authorizing resolutions of seven governmental units presently members of the existing Suburban Rate Authority have�been filed as provided in Section 1 of this Article. - ,. Section 3. 6�ithin thirty days after the�effective date of this agreement, the mayor of the member having the largest ' population shall call the first meeting of the Board of Directc�rs � � -, - -4- t" � , ' , � � �which shall be held no later than 15 days after such call. Section 4. The first meeting of the Board shall be the organizational meeting of the Authority. At the organizational meeting, and at each annual meeting thereafter, the Board shall select from among.the directors a chairman, a vice-chairman, and a secretary-treasurer. Section 5. At�the organizational meeting, or as soon there- after-as it may reasonably be done, the Board shall adopt by-laws governing its procedures, including the time, place, notice for and frequency of its regular meetings, procedure for calling special. meetings, and such other matters as are required by this agreement. The Board may amend the by-laws from time to �tirle. The Board sha11 meet at 1.east once each year and on such otYier dates as"may be provided in its by-laws. VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section l. The powers and duties of the Board of Directors of the Authority are set forth in this article. -� Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective: any power granted to the Authority by this agreement. It may contract with any of its members or others to provide space, services or materials on behalf'of the Authority. �� S�ection 3. It may provide for the prosecution, defense, � or other participation in actions or proceedings at law in which , it ma have an interest, and may employ counsel for that purpose. Y I� �� , � 0 It may employ such other persons as it deems necessary ta accomplish its powers and duties. Such employees may be on afull-time or � � - 5- 9 _ ,� � � � ' I ' '� , I � ' part-time, or consulting basis as the Board determines, and the Board may make any required employer contributions which local government units are authorized ar required to make by law. S�ction 4. It may conduct such research and investigation and take such action as it deems necessary, including partici- pation and appearance in proceedings of state and federal regulatory, legislative or administrative bodies, on any matter related to or affecting utility costs, levels of�service, rates or franchises, and advise members concerning such matters with a view toward obtaining compliance,with franchises granted to utilities and,insuring reasanable rates and service levels for the members and their residents. The Board may conduct the activities authorized by this section on behalf of any govern- mental unit located outside the metropolitan area at the request of such a unit, embodied in a resolution-of its governing body; provided however, that the conduct of such activities on behalf of any such governmental unit slial], be specifically authorized by the Board and shall be subject to such reasonable conditions as to cost of service and o�her matters as may be imposed by the Board. . Section 5. The Board may obtain from any utility and from � . any other source such information relating to utility rates, costs and service levels as any of its members is entitled to obtain from such utilities. Section 6. It may receive and hold moneys from any utility to the extent and in the r.ianner as may be provided by this Z� � � , � ' ' , ' ' ' �� agreement or any franchise granted to a utility by a member; and it may accept voluntary contributions from its members or other sources as provided in Article X. �l'he Authority shall have no taxing power. It may accumulate reserve funds and may invest and re-invest its funds not needed for current expenses in the manner and subject to the limitations applicable by law to statutory cities. _The Board may not incur obligations in excess of funds then available to Authority. , _ Section 7. The Board shall make a financial accounting and report to the members at least once each year. The books and records of the Authority shall be open and available for inspection by members at all reasonable times. , Section 8. The Board may accept gifts, apply for and use _grants of money or other property from members or other govern- mental units or organizations, and may enter into agreements required in connection therewith, and may hold, use, and dispose of such�moneys or property in accordance with the terms of the grant, gift or agreement relating thereto. _ Section 9. The Board shall establish the annual budget for the Authority as provided in Article X. Section 10. The Board may, in its by-laws, establish an executive committee and may delegate duties and authority to such a committee between Board meetings. Section 11. The Board may purchase public liability insurance and such other security bonds and insurance as it may deer.l necessary. , . I, _ ;, -7- 0 � � :•' f` ' ' , Section 12. The Board may exercise any other power necessary and convenient to the implementation of the powers and duties . given to it by this agreement. . IX. OFFICERS � Section l. The officers of the Eoard shall consist of a chairman, a vice-chairman, and a secretary-treasurer who shal.l be elected by the Board, for a term of one year and until their successors are elected and qualify, at the annual meeting. New officers shall take office at the adjournment of the annual meet- ing at which they were elected. An officer must be a duly qualified and appointed director. - Section 2. A vacancy in the office of chairman, vice- chairman, or secretary-treasurer shall occur for any of the reasons for which a vacancy in the office of director shall occur. Vacancies in these offices shall�be filled by the Board for the unexpired portion of the term. Section 3. The chairman shall preside at all meetings of the Board. The vice-chairman shall act as chairman in the absence, � disqualification or disability of the chairman. " Section 4. The secretary-treasurer is responsible for keep- ing a record of all the proceedings of the Board, for custody of all funds, for keeping of all financial records of the Authority and for such oth�r duties as may be assigned to him by the Board. Persons may be employed to perform such services under his super- vision and direction as may be authorized by the Board. The ' secretary-treasurer shall post a fidelity bond or other�insurance � � . . -8- ' � I�__ : . i. . _ __ _ _ � _ _ _ ,� � , , • . i � against loss of Authority funds in the account specified by the Board. The cost of such bond or insurance shall be paid by the Board. The Board may provide for compensation of the secretary- treasurer for his services. . i . ; X. FINANCIAL MATTERS . � Section 1. The fiscal year of the Authority is the calendar year. -. - _ 5ection 2. Authority funds may be expended in accordance with the procedures established by law for statutory cities. Orders, checks and drafts shall be signed by the chairman and • countersigned by the secretary-treasurer or such other person as may be designated by the Board in its by-la�rs. Other legal instruments shall be executed on behalf of the Authority by the chairman and the secretary-treasurer. Contracts shall be ' let and purchases made in accordance with the procedures established by law for statutory cities. , Section 3.^ The activities of the Authority shall be financed by funds available to it under Article XII, from � voluntar contributions from its members or from other sources, Y � and by contributions from members of the Authority if it is �determined by the Board by a two-thirds vote of all votes of � then e�isting members, that such contributions are necessary. , Such determination shall be made by the Board not later than August 1 of each year.in order to obligate nlembers to make contributions during the ensuing calendar year. The total annual contribution by members for the ensuing year shall be established ' • . . -9- � ' . _ �T � 1 I��..� � � � . I: ' �� ' � , ' �I � � by the Board on the basis to anticipated expenditures and only if the anticipated expenditures are in excess of the anticipated funds otherwise to the Authority. The contribution in any�,-,-,year by a member shall be in direct proportion to the number `i�� votes to which the director representing the member on the Board is entitled. Such contributions shall be made by the member to the Authority as follows: One-half on or before February 1 of each year and one-half on or before August 1 af each year. Section 4. An annual budget shall be adopted by the Board at the organizational meeting and at the annual meeting each year. Copies of the budget shall be mailed promptly to the chief administrative office of each raember. The budget is deemed approved by the members except one who, at any time prior to the annual meeting gives notice in writing to the secretary- treasurer that it is withdrawing from the Authority. ' XI. DURATION AND DISSOLUTIOT�T Section 1.. The Authority shall exist, and this agreement is in effect, for an indefinite term until dissolved in accordance with Section 3 of this article. Section 2. A member may withdraw from the Authority by filing a written notice with the secretary-treasurer by June 15 of any year giving notice of withdrawal at the end of that calendar year; and raembership shaZl continue until the effective date of the withdrawal. A notice of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolu- tion of the Authority, the member shall have no claim on the assets of the Authority. � � -10- 9 - � ,,, � , ' �: ' . � Section 3. The Authority shall be dissolved whenever the withdrawal of a member reduces total membership in the Authority to less than the nurnber of inembers required for organization of the Authority unGer Article VII, 6ection 2. The Authority may be dissolved at any tim�e by unanimous vote of all the members of the Board of Directors. � Section 4: In the event of dissolution, the Board shall determine th� measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Upon dissolution of 'the P.uthority all remaining assets of the Authority, after payment of obligations, shall be distributed among the then existing members in proportion to the number of their votes on the Board and in accordance with procedures established by the Board. The Authority shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. XII." TRANSITIOYIAL AND r1ISCELLAIQE0U5 ��iATTER5 � Section l. The activities of the Authority shall be con- fined to gas and electric utilities, provided however, that the Authority may extend and broaden its activities to any other public utility as defined in this agreement by a 75o majority vote of all the votes of the Board of Directors,. taken at a regular meeting of the Board. In the event the activities of the Authority are so extended and broadened, the Authority and 0 -11- �,". its Board of Directors shall have all of the powers and duties with reference to any other public utility that it has with reference to gas and electric utilities under this agreement: Section 2. The name of the organization created by this agreement �ay be changed when deemed appropriate by the Board, but only upon a 75o majority vote of a11 the votes�of the Board of Directors taken at a regular meeting of the Board. If the � name of the organization is so changed, the Board shall provide in its by-laws for necessary measures to effect the change in , official.and unofficial documents, papers, and other essential respects. ' Section 3. It is the intention of the parties to this ' agreement that the organization created thereby is the successor to the Suburban Rate Authority now in existence. ' It is�further the intention of the parties that any funds made available to the organization created by the agreement from ' assets of the present Suburban�Rate Authority"shall be used ' exclusively for the purposes of this agreement. IN WITNESS WHEREOF, the undersigned governmental unit ' has caused this agreement to be executed by its duly authorized officers.and delivered on its behalf. � . ' ' ' ' '__. --12- • � i� � - -: - - - - . i � i In the presence of: (Governmental Unit) � ' By Its � . . , . ' . BY Its �� Dated: -, 1974. ' � ' Filed in the office of , this ' day of , 1974. ' , � . � � . . � . � � , . ' • � � � • . -13- . ' ' ' . _ ,� . . _ , _ . , , ;: .. �. r `X � _ � � ' , � � , , � � � ' ' � , ' ' , ' ' ORDINANCE NO. CITY OF , - COUNTY, MITJNESOTA AN ORD�INANCE GRAI�ITING TO NORTHERi1 . STA^1ES POWER COMPANY, A MINNESOTEi CORPORATION, ITS SUCCESSORS AND ASSIGi1S, PERI�IISSIOi1 TO COi�STRUCT, OPERATE, REPAIR, AND yIAINTAIN, IN THE OF , MINNESOTA, AN ELECTP.IC DISTRIBUTIOPI SYSTEM AND TRANSMISSION LINES, INCLUDII�iG iI�CESS�RY POLES, POLE LINES, AND FIXTURES AND APPUR^lEPdANCES; FOR T�iE FURIITISHI�IG OF ELECTRIC ENERGY TO THE AND ITS INEiP_B,ITA.�ITS, AND OTHERS, A�TU TO USE TiiE STRE;ETS, ALLEYS, PUELIC L�AYS AND PUBLIC GROUNDS OF SAID FOR SUCF? PURPOSES . THE CITY OF DOES ORDATN: Section l. There hereby is granted to Northern States , Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company", during the period of 20 years from the date hereof, the riyht and privilege of constructing, operating, repairing, and r,�aintaining, in, on, over, under, and across the streets, alleys, and public grouncis of the City of , County, Minnesota, hereinafter referred to as "Municipality", an electric distribu- tion system and electric transmission lines, including poles, pole lines, and fixtures and appurtenances, usually, canveniently, or necessarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power, and other purposes for public and private use in and to said AZunicipality and the inhabitants th�reof, and others, and for the purpose of transmitting into and through said Municipality such electric energy, provided that such electric distribution system and transmission lines shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets, alleys, and public grounds, and provided that Company, in the construction, operation, repair, and maintenance of such poles, pole lines, and fixtures and appurtenances, shall be subject to such reasonable regulation as may be imposed by the hlunicipality pursuant to charter or statute. Section 2. There is also granted to Company, during the term hereof, permission and authority to trim all trees and shrubs in the streets, alleys,;and public grounds of said Municipality interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, and fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Municipality harm- less from any liability in the premises. i � , I � , � , ' ' 1 � � ' � ' ' ' r Section 3. The service to be provided and the rates to be charged by Company for electric service in Municipality are subject to the jurisdiction of the Minnesota Public Service Commission, or its successor agency, as provided by Laws 1974, Chapter 429. Section 4. Whenever Municipality shall grade, regrade or change the line of any street or public place or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal worki:ng conditions reasonably order Company to relocate permanently its electrical facilities located in said street or public place, Corapany shall relocate its facilities at its own expense. Municipality shall give Company reasonable written notice of plans to grade, reqrade or change the line of any street or public place or to construct or reconstruct any se�aer or water system therein. Nothing in this ordinance contained shall deprive Company of its rights under Piinnesota Statutes, Section 161.46, as amended. Where the Municipality orders in writing Company to relocate any of its facilities, Company shall proceed with such relocation. If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If Company claims that it should be reimbursed for such relocation costs, it shall in writinq notify the Municipality within ten days after receipt of such order. Section 5. Except where required solely for a municipal improvement project, the vacation of any street, alley, public way or public ground, after the installation of electrical facilities, shall not operate to deprive Company of the right to operate and maintain such electrical f acilities, until the reasonable costs of relocating the same and the loss and expense resulting from such relocation are first paid to Company. Section 6. Company shall indemnify, keep, and hold P�Iunici- pality, its officers, employees, and agents free and harmless from any and all liability on' account of injury to persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of Goripany's property located in, on, over, under, or across the streets, alleys, public ways, and public grounds of P�4unicipality, unless such injury or dar.iage is the result of the negligence of Municipality, its employees, officers, or agents, or results from the performance in a proper manner of acts reasonably determined to be hazardous by Company, but such performance is nevertheless ordered or directed by 1�tunicipality after notice of such determination by Company. In the event that suit shall be brought against D�unicipality under __. _. -2- � .J . � , ' ' ' � circumstances where the above agreer,ient to indemnify applies, Company, at its sole cost and expense, shall defend Municipality in such suit if written notice of the suit is promptly given to Cor,lpany within a period wherein Company is not prejudiced by lack of such notice. If such notice is not timely given, as hereinbefore provided, Comgany shall have not duty to indemnify nor defend. If Company is required to inderuzify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of the Municipality which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the Company, and the Company, in defending any action on behalf of the Nunicipality, shall be entitled to assert in any such action every defense or immunity that the Municipality could assert in its own behalf. Section 7. Company upon written notice to Pdunicipality shall �have full right and authority to assign to any person, persons, . firm, or coporation all the rights conferred upon it by this • Orclinance, provided that the assignee of such rights, by accepting � such assignment, shall become subject to the terms and provisions of this Ordinance. � ' , Section 8. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Section 9. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Municipality caithin 90 days after final passage of this Ordinance by the Niunicipality. � 5ection l0. TYiis Ordinance is eftective as provided by statute or charter, and acceptance by Company as provided in Section 9. ' Section 11. Nothing in this Ordinance shall be construed to deprive, modify or impair any right, power or duty conferred upon Municipality by Laws 1974, Chapter 429, or any right of Municipality � to participate, pursuant to law, in any organization of reunicipalitie: whose purpose is to study electric rates and practices of Cor.lpany and to participate, in accordance with law, in proceedings before , any state or federal agency having jurisdiction over any aspect of Company's operations relating to electric rates or service. Section 12. Section of the City Code�, Ordinance � No. ,"An Ordinance Granting Permission to Northern 5tates Power, etc.", is repealed. Where a provision of any ' `, -3- ' r� . . .' � other Ordinance of the City conflicts with the provisions of '` , this Ordinance, the provisions of this Ordinance shall prevail. Section 13. The exgense of publication of this franchise ' Ordinance shall be paid by Company. � , Passed and approved: , 19 ' - _ Mayor ' Attest: , . , City Clerk , . , . � - ' - _ , , � ' i � 1 1 -�_ 1_ _._: . � ...� �� I � M E M O R A N D U M .. November 8, 1974 ■ � TU: ' � FROrs : � SUBJEC7' : SRA Members C. L. LeFevere, SRA Attorney Suggested Electric Franchise Enclosure N At the request of some SRA members, and at the direction of the Executive Board of SRA, we have reviewed the proposed franchise� which rias been sent to municipalities whose franchises with the Ct�mpan�� have expired or are about to expire. NSP also contacted us for our comments on the proposed franchise. ,After a series of conferences with the Company a number of changes in the original franchise were agreed upon and are embodied in the enclosed draft franchise. The SRA Board of Directars has instructed � us to :�end the new draft to members for their consideration. The pr:Lncipal changes made in'the original Company franchise were: � l; The addition of language specifically recognizing the rights of municipalities to exercise al.l rights conferred by the new public utility regu].ation law. Laws 1974, ' Chapter 429. 2;i The addition of language recognizing the rights of munici- � palities to participate in a joint powers organization such as SRA or a successor organization. 3;1 A number of language changes conforming to th� Metro Rate '- Authority franchise previously negotiated with the Company. t It sho�.zld be noted that the Company is not in complete agreemer�t with the ne�� draft ordinance. Specifically, the Company feels the follow- ing changes should be made: ' 1) In Section 11, line 7, the last clause should read "in proceedings before any agency having jurisdiction in � the municipality ovex any aspect of Company's operations relating to electric rates or service." 2) In Section 7, add the phrase "and the Company shall no I, longer be subject thereto.° � � ' The Executive Committee felt these changes should not be made. -1- 1 l I � ' � The fozmat of the franchise will; of course, have to be adapted to ' meet in,dividual city charter xequirements. We hope this new draft is of assistance to those of you who are negotia.ting a new franchise with the Company. ' . . , . � ' - , - , . ,. . ' . ' . y . , �� - , � . ' . • � ' ' -2- ' .. ' . :� _: 'y � : I � � ' ' � . . •. ' TO: b:uiiicipalities Served by 2�ortri�rn S�ates Po�aer Campany . FRONI�,: Suuur�an Rate Aut.noritv (SRA,} }3oard of Directors . ' SliBJ1�CT: Proposed Ex��ansion of Suburban Rate Authority as a ilehiclz = for b5un�cipal Pa-rticipation in F�ab�ic S�rvice Cor�s:�issior. , Pxoceedings � � Background � In 1962 a r�t�i�er of iTe7lzlepin County subur_ban r.lunici.pal.ities formc�d an .orqanizai:ion urider. �IlE vYOJ.ii� Fc��7�?"S Lac�� to rarry out. joint and <:aoperative regulatioii o� the rates cl7axged �or gas serv� ce by the i3iTineapolis Gas Cornpany {no;,r �Iinr.esota Gas Company) . The ' riunir.i��alities ac�opted uniform= fYanchises t•�hicl� had been nego�iat�d with tne 7as cornpa.ly, pro�ii:ding ior a sysi:em �f rate regulation ' w;�icii enabled the mer:lber_s to achieve a deor_ee o� raie int�estic�ati.on anci supervision that could no-L- he acccm�plished on an inciividual .basis. The system has heen most succcssful iar the 26 suburbs ��:ho are now mer�u�ers of tne S}:A. - ', 6�lith �he advent of stat� re ulation of as and o��l�er utilit � �J � � rates to begin on January 1, 2975, tne S�1 ��i? l no longer regu� at` � gas z-ates thraitgh its uniforra franchi.ses. ahe oruan�.zation has, •�, hoUre�Ter, d�ciaec� to reorganize anci co�tinue its o�?erai.ions since it feels that there must b� an eff_ecti�.re- i:luiiicipa� voice ror ? ts rae��bers in pz-oceec�ings before t�ie State Public Service Comrri.ss.io�� on utili�y ,. rate matters . It is now in tr.e process o� asking its r,?er��l�ers to modij=y its basic joint pocaers agr_eer,:ent to: , ,, . 1) authorize mer-�bersliip for ariy ?rmunicipality in T _ the seven county r•aetrbpolitan area, anc � 2) authorize expansion of_ the scope of its �ctiv�ti�s to include electric utilities (and otner utiliti.es , upon an eytraordinary vote of its govexning body). ` . � Under- tne proposed contract., if seven present members of SF.A enter ir�to tiie new agreemerii by January i� 1975, the new orqanizatio?i �aill corae into existence. It appeaxs now tha� thi.s cvi11 be thc case. � League of rlinliesota Niunicipalities Activities , The League of NIinnesota P�Iunicigalities convei�ed a m.eeting on P�iovember 23 to explore possibilities of cooper.a�ivc� a��prc?aches to i PSC ��articipa4ior� by municipal�ta_es in genera]_. It appeared at that meet,i.lig that many cities, both in t:he metropo]_i.taii area and outstate, `, were interested in som� type of coordinai�ed appxoach to the proLlem of mLinicipal input at PSC hearings, particularly during the ' . .. • . �,' . . .. ' . .. � . . , �� • _ '� � :. ' 'w . ` . v � . � � . � � . � . � J � . . • . . � - � . �' � .. . � � f � � . � . . .' . ' . . . ' . � � . ' . . . Commissions hearings.on the first Northeziz States P��er Company ra�e filzng, expectec� to be r�ac�� .��ediatc�.y a�ter t��e �irst of ti;� y`ar. � An iniormal group cor�posed of r�presentatives of �he SRA, t1:F� League, riinneapolis, St. Paul arid outsa�.ate citi.es ��as es�ablisr��a t� ex�lore possible rnethods of coor_dinat.incJ I:�un? ci.pal in.put at �c!ii.s initial , PSC groceeding on �d5� rz�es. The graup has asked i�he SF•I� t.o suc;g� st ' a method by �r'hiCh S�ZA coulci �ct as tnis kird of vc�ni�le. `l'he S�2r� execu.tive committee ��as met to consic?er this r.eques�.. � SRA Froposal � At the outset it must be pointeu. aut t:�a 4 the ne;•a �R�-'� has nat� , as yet been forr.led and wi11 not com� into existence. uni�]_ January l, 1975, and then only if_ the 'requir..cd r� inimt�Tn i??�miter_ �hii. is aci�ieved. Secondly, tlie f�o11oG��irig proposal is based u�on the lec�al po�Jers tYiat will be conferred on tnE nevaly organi; e�: SRA by }he joint poi-�ers :, con�zact wfiich �s�ablishes it. Finally, tne proposal 'nas been develo�ed by t.�e SI�[� Executive Camni�.tee �h•ilic.�h tias adizered closely to -L-he stater�ze.�t of policy underlying ti�e nec•r agreer�ent as autnorizec� � by the SRA Eoard of Directors and t�lie agreeir,ailt i-tsel.f . . Assuming, then, that the S�'� is reoraaniz��d as discuss°a above, � the SP.A �roposes to ac'�:�it new. �er�bers on the f�1lc,air_g basis : l: • �.:t��unicipalities in Met�o Rrea. - � ' . 1 � = �. '' i � . ' C r A) Any rnunicipality �_n the metra area may joiii the SR� . pri.or to January 1, 1975, ��ithout charge, as a full . member. B) Any present rler^,ber of � SRA may join at any tirae t•�iih- out charge. - Cj Any other municipality joining after January 1, 1975, would be rec�uired to pay a fee of S, l� per ca.pii.a " with a rainir:�um charge o� $100 and a rnaximum char��e of $10,000. - � D} T�Ie initial tnrus�t o� SP�A acia.vi-�y V:ould be coii�iTled to tne first NSP fil.ina and �ll� f_ui.cls d�rived from the charges lisi�ed would be devoted to tnat pur�ose, �) The organizat:iona3 structur_e (i.e., representation, .�voting strength, etc.) as set ^ut in tne prcposecl contract k�ould be retained; r�o��ever, tha_s ��aould not preclude the modificatioi� oi �he agr.e�m�nt at a later �� date to provic�e �or a differen� orga;li�ational structure or assessm��zt policy. J . . 0 _ ,, . r, . . . . . . � . . . . . . . � . . �. . � � . . � . . . � . � . � . � . r � ' 2. 2��lunici.palities Oui:sic?e t:�e Metro Area. The propflsed � . agreem�rit provic:es for tn� SF.A to act on behali of n�n- � metro municipali.-L-i.es upon such conditiorls as its board , may require as to cost of service and other ma-cters. It .. is proi os�d t��at:. nan-m�tro r.:unicipa? ities wouid be permitted to auL-1lorize tile SF.� to so act in th° L1SF� � electric rate �iling case dnl_y at the same basic charge described above, i.e. $.l0 per capita with a minimu�n ci�arye of $100 and a maxi�tiurn of $10, OOD . Such muriicipalities would be entitled ua atteiZd SRA r.m�etiizqs, recei��e rlailings anU ' � otherwise par�icipa-�e bu� �,;ithout vatir_g rirh��s in t}=e organization. � 3. Coordination of L'f-for_t. The SR� c��ould �e �•,illing to coopex�ate �:�i_th a17y rmunic�palityprgraup of z:;u,3ici��alities ��hich might choose to participate indepenaently in �SC� � proceedings on the i�SP �i.lirig wnether they are memL�ers of i:he organizati.on or not; it appears v� tal to tize SRA. that . the municipal input be uni �etz ur.d :�la}> � mi�ea i.o insur.e. t.he - ' best possible outcoi:�e for a_ll r.tunic� t�alities and consur:lers . ' of the state._ . � , Special Coi:unents . The folla�aing commenLS must be made abou� the pzoposal. outJ_iried above. • 0 1. 2. The proposal is r�acle in response to Yequests �rom ihe League and other rlunicipalities. It does no-� or_ig�nate with SP,A; on the otner hand, Sf2A me�ers hav� ti�e san�e conur,on �_nterest as al)_ rzunicipalities in proper electric rates and is willing to work �azth ttz�r�� SRA's basic organizational documents were sent to present members early in i�dovertber and many have already acted - upon ttlem. It is, therefore, not possibl� to modify the basic contr_aci at t'.�is i.ii�e; hence the a�i.�rnatives ior openinc� mem'r�ersnip to oi.ners are li_n;i �ed :,y t}ie �asic contract. 3. The �assessment figl1res used �aere sugg�ested by the iniormal � graup �stablished at the November 23 meeting and relayed to SRA by the League. They a��>>ear to be reasonable and equitable. � . 4. The proposal is coizceived of and �resented as an inter_im ' r,leasure to provide a r,letiiod of iinraediai-.e response to tli� upcornirlg NSP rate filing. Ii: do�s not pr�cludc� a,,�ore . thorour,haaing reorgar,izatio:. a� sor�e futuze time. ' ' , �I ' � I� .. . _ . ' ,* � .� , , ' . • � • , 5. A1.though SRA does have �inancial resour;:es availabie to it, at preser�t, it is possix��e tiiat these n►ay be d�pleted _ " somewhat by two accurerices; first, any present, .SFt�l r�em�er - who C10G-'.S 110{� xt?Il'i�lI1 in tne organization i� entitled to , wi��hdraw its s�rc-ra�a silare �f S�.A as;�e1� as �f �anu�xx� ',. 1975; s��cor_d, th� S?�'� pro;�ably wiil be expenai..g some tunds in litigatior. tnat appears to be f:or_th: o:�ling because , ot SRA's denia� of Alinni�.��sce's rate ir.cr�ase f�.�i��n nf November 9. � Summary . I� the SRA is reora,anized �s plar.n^c�, a.t :•;i? i�e ��vo�i.:g its � resources imm�ciiately to the I�ISP fil�nc�. 1�31 ;nun?.cipalities in NSP`s ser_vicF areas have an interest ?n this i;ixti.al `�i.ing vai�ich wil� establish precedentC ior electri.c rate �erulation zn �;ir:r.esata for years �o r_ome. r•Iany m�ani.cipal�.ti�s .7a�e ::,��, essea inter.est ir� ' allying themselves with SP,�-'� to pr�s�nt a united ntunicinal voicz in these proceedin;ss. It r,lay be thai: th� proposal �utlined aao�Te, while not p�rfect, may be the b�s-L- inter.;�m v� hicle ta accor;�lish .' this goal; anci �t could form tI-ie ba�is oi �� cozzi:inuing coordinated approach to the pr�blem. The pro�osa.=� is made in a spirit oi: . �cooperation to achi�ve a commcn goal. ' Attachn�nts V . ' . You will f ind a: t.ached the fallowir_g : A) Proposed joint powers agreement re-organizing tne SRh, � and accom�aning r�aterial sen � to S� it1GIl1C��x'S on NoveiYti�er ! � 8, 1974. � � B) A suggested resalution authoxizing rner_�ership in SR� � - tor rnctro mtinicipalities . C) A sugqested resolution authori2inq �h� SF.A to serve as ' , its representative befo.re the PSC on the i35P rate siling. Vde hope tlle infa.rm�ition an� ma��f��iaJ.� a_re into�mative an�. :�e.]_rzul. � You may addr.ess further_ ine�uiries to mysclt or P�r. ::layton LeFevere, SRA Attorney, 1100 Firs-� Platiorial �an}: %ui? dirlg, P�Iirir�eapai�_s, i�iinnesoi:a 55402 or Mr. George Hess, Sitt� Consultant,.3601 Park Center BoulE�vard, 1�linneapolis, �iinnesota 55416. ' _ _ Yours vex�� truly, , . /s/ Donal� Asmus ' . . . .. � . .. Suburl_ an rate : ut��ority � Do�ia.lcl r'�smus, Chai.r_r:tan � . 135?_0 E�1levue Drx.ve : `� Minrietan}.a, I�iir�nesota 5534� _ � . � I ' 1 CITY OF FRIDLEY MEMORANDUM T0: NASIP1 ^1. QURESHI, CITY MANAGER, AND CITY COUNCIL FROP1: MARUIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR, SUBJECT: DEFERRED COMPENSATION PLAN DATE: DECEMBER 4, 1974 The attached resolution would authorize the execution of a cantract for a Deferred Compensation Plan with the Internat�onal City Management Association. S?veral �1inriesota communities, and many other communiti�s throughout the United States presently have such an arrangement with ICMA. Although the City is technically the contracting agent with ICMA, no City funds are involved in this program. Contributions would be voluntary on the part of the employee, and no contribution to the plan is contemnlated at this time or in the foreseeable future by the City. The only stake the City has in the plan is a minimal amount of administrative expense in setting the plan up initially and forwarding the monthly deductions to ICMA. The advantage of the plan to the employee is that the employee is able to set asi�e a specified amount each month or each payday, which would be tax free until such time as the funds are paid to the employee. This would normally be on separation from service with the City or at retirement, There are restrictions on the withdrawal of funds from the plan. MCB:sh 14 1 � ' 2 RESOLUTION N0. �� 1974 �� A RESOLUTION AUTHORIZING A DEFERRED COMPENSATION PLAN FOR THE CITY OF FRIDLEY WHEREAS, The C_i��.of Fridley has in its m loy certain personnel; and � C tdHEREAS, Said e nloyees are a�wili be render�ng valuable services to the City; and ' ' WHEREAS, The City has considered the establishment of a Deferred C;ompensation P1an for the said empioyees made available to the City and to s�aid employees by the Internationa7 City Management Association Retirement (:orporation; and WHEREAS, Said employees often are unable to acquire retirement security � under other existing and available retirement plans due to the contingencies c►f employment mobility; and 1� � WHEREAS, The City receives benefits under said plans by being able to ' �issure reasonable retirement security to said emplayees, by being more able 1:o attract competent personnel to its service, and by increasing its flexibility ' �in personnel management through e7imination of the need for continued employment 1=or ihe sole purpose of allowing an employee to qualify for retirement benfits. fJOW, THEREFORE, BE IT RESOLVED, That the City of Fridley establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor �to execute the Deferred Compensation Plan with the International City Man- ��gement Association Retirement Corporation, attached hereto as Appendix A; �� nd IT TS FURTNER RESQLVED, That tl�e c,ty r-lanager may, on behalf of the City, �execute all Joinder Agreements with sai� employees and other eligible officials �3nd officers, which are necessary for said persons participation in the plan, an example of which anpears at Appendix B, except that any Joinder Agreement for said designated official shall be executed by the Mayor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ATTE ST : DAY OF � CITY CLERK - PIARVIN C. BRUNSELL , , 1974. MAYOR - FRANK G. LIEBL INTERNAT[ON�L CITY I�iANAGE�tENT ASSOCIATION AP�ENDIX "A" RETIREII�NT CORl'ORATION DEFE[Z1�ED CU:�IPENSA"TION PLAN Amended as of Juna 28, 1974 THI� [)EFERH_D COiv1PENSA"f10N YLAN, hereby estat�lished by hareinaiter ti�e EmplOyer, by a�;rernients with the intzmatio�al City Nlanagament Association Retirement Corporation and with the employe�s, o(ficers, anci offfcia(s of said r.mpioyr.r who become party eo this �yreemeni, by reason oF a"Joinder Agreement" signed at this time, ar at some time in the future. WHEREA5, the Employer has certain empioyees rendering to it valuable services; and WHEFEAS, the Employar is able to provide its employees with certain k�nefits under this Pian which assureto tf�ose participati�g empioyees reasonab�a retiremant security; and WHEFiEAS, the Employer rece+ves benefits from this Plan by increasing its ability to attract and retain competent personnel and by increasing its flexibility in personnel ma�agement. NO�N THEREFORE UVIT�lESSETH that tfie Employer has estab�ished this International Ci2V Management Association Retirement Corporation DeFerred Compensatien Plan and has caused it to Ix executed by the official affixing his s+g�ature on behalT of the Erc pioyer's yoverni�g body. Conve-sion Provision: 4Vhere a� Emnloyer has previously established the ICMA•RG deferred compensation p{an for its employees, this Plan shall suparcede all previous documents and provisions thereoF except tha[ existing deferred compensation emp�oyment agreements will continue in fuil force and effECt in lieu of Part I of this plan, and as such, have the immediaie force and effect of a "Joincle� Agreement" to this Pla�. If the Empioyer and Empioyee desire to amend the existing Deferred Compensation Employment Agreernent by substitutin� Part I of this Plan therefor, this may be done by execution of a"Joinder Agreement". Atiesi for Empioyer: Signature of Authorized Officiai (Seal) Appruved as to Form: Atiorney for the Employer Attes�: for ICMA-Retirement Corporation Signature of Authorized Official (Seal? For the Employer: By: Signature of Authorized Official/Date Print Name and Titte For the ICMA P,etiremertt Corporation By: _ Signature of Authorized Officiaf/Date Com{>lete the foilowi�g prior to mailing this agreement to the Retirement Corporation Fuil IJame iCity of, County oi, etcJ: Title of Of iicial to whom correspondence and reports are to be mailed: (not namel Address: (include zip code) — Employers' Federal Tax �dentification Number: � 14 � � � � ITO: JOI\'DER AGREEl�1EI�T TO THE ICl�1A Rl:TLEtI•;1�I7;v"I' CORPOR:�'I'ION DEFERRL''D COitiIPI.':�iSATIO\ PLAN (Empioyer) APPENDIX "B" l4C ,(check appropriate box) ❑ NEW AGREE:i:��NT (or Account): The unders+gned hereby acknowledges receipt of and agrees to the ierms and conditions of the ICMA-RC De(erred Compansation P!an, as amended, and hereby applies for par!icipation in said plan as indicated below: 1 j] AMENDMENT OF EXISTING AGREEMENT (or Accnunt): The undersigned hereby requests that the following amendment be made to the Joindar Agreement �vhich provided for my participation in the ICN1A-RC Deferred Compensation Plan, as amended. PERSdNAL INFORiY�RTION: , ❑ M r. p rvlrs. � t�hiss Employee's Name p Ms. � Firsf Middie Last Residence � � Street Ciry State - Zip , Job Title Sex � F E3irth -- Mo. Day Year , Social Security Vumber ❑ � � � � � — � � � � To which of the Associations sponsoring this pian do you b�long? IRESIGNATION OF AG� OF RE3'IREit�ENT (For New Accounts Only) � The age of Refremen! under this agreemeni shal( be ..... �(You may select any age from age 55 up.) �DESIGNA71pN OF DEF�RREa CONIP�tdSAT10N Effectiva on th= date indicated belo�ro, i request that I be paid in the form of both curr2nt and d�ferred compensation, the amount of deferred compensation to be calcuiated as follows: � Effective Date: (Erip�oyae's (Employer's Method ot D�si�ratirg Con;ribu!io^) Contnbu;ion) Total Defened Compen;ation 6.=.se pay shall be �ase pay s^a11 be (Use Only On�) reducad by addad to oy (1) Percentag� blethod % % (2) Dollar !.tztnod S S $ � � '� I( you have used the Doilar Method, how has it been stated (pec pay period, annual, etc.)? � For Other Alte�natives or Supplemental Provisions: ' � ,My current base F,ay or salary is $------ p°r - —. I understand Ihat my base �sy will b� periodically determined in accordance with arpropriate law, procedure, and policy. 1 atso understand that the designation of deferred compensation may not be changed without praper amendment of this agreement. How- ever, where the percentage method has b�en used to designate def2rred compensation, i further understand that the percentage, for both the employer's and for employee's contribution, will be applied ta a�7y changes in my base pay; thereby resulting in a corresponding change in my deferred compensation: DESIGNAT1pN OF INVESTMEt�T FUNClS I request that the total amounts of deferred compensation . be applied to the available investment funds in ihe following per- centages (See bookiet for discussion of funds): wnoie Fund percentages Variabte Fund % Fixed Income Fund `y� Total 100 % I undersland that tivhere state or local law restricts the nature of the investment of these funds that it wili be necessary to restrict the investment choices to those availabie under the law. 0 I have compieted lhe designation of beneficiary form on the re- verse side of this agreement. Signature of Employee Uate �� ;MEMO T0: Dick Sobiech, Public ��3orks Director NiEMO I'RO_'��: Jerr�ld Boardman, Planning Assistant MEMO DATE: Uecember 12, 1974 RE: Requested R�solution From the Corn.�unity on Community llevelopment Act Fundinq Possibilities � This past year the Department of Housing and Redevelopment I (HUD) streamlined its funding system by establi.shing a Community D�velopment B1ock Gr.ant Program in which all of the funds for any community deJelopment pzojects are placed under one grant program. Theze ar� presently 1.4 milliori dollars available ta those cammuni- ' ties (190) iri th� metro area und�r 50,000 popul.at:ion and not coverecl by formula entitlement funds and hold harmless desi_gnation. � Because o� the limited amount of funds available and the desire to spr�ad these funds around m�re, a c�xoup of area plann�rs and adninistrators met on Uctober 9, 1974 and formed an Ad Hoc 1 Steering Conunitte� to investiqate the intcresi. amon.g� the 190 eligible local_ uni-�s of government in participating 9.n a cancerted cooperative approach to grant application. , , � ' � The intent behind the program would be to provide an equal allocation of £unds to thse interested communities so they can lay the ground work for furtl�er funding activity when more money b�comes available in th� following fiscal years. • The Ad Hoc Co_nmittee is requesting that those communities who are iriterested in participating in il�ze efforts of the cam.mi.ttee submit a letter of intent and a resolution agreeing to give further considera-tion to any reconunendations formulated by the committee with the endorsement af a community represen�ative designat�d under the resolution. This seems to me like an ideal way o.f laying the ground work on a housing and com.r�unity developmen� program which will be needed in the near future. . � � � JLB/de � Attachments ' . � � , f%:�'�f" .%�� --O ;.�� . :,,. _ � RROLD L . BOARDi�1P,N � � November 29, 1974 � � . 15 A `� 1 T0: FROi�i : CfiTEr AD:�iSNISTF2�ITIVE O�'FICER HCD AD HUC S`.i'EERTNG COi'Ii�S1TTEL: , SUF3JECT: HOUS�:t�IG AND CONIi`�:UNITY DEVELOP�:FNT ACT OF 1974 The rec�nt�.y enacted Fedezal Housing and Communi,ty � Develot�msr_t Act wi.11 provide for capital improveraents and other c�rn��:nity developmen� projects. However, for fiscal year I975, only l.�l million dollars of SP�ISA Discretionar.y , Balanc.e Funds (funds your community may be el.igible for) has been allocated to the S-tandard N.e�ropoli.-tan Statistical Area (SI�?SA} , of w�icn. the seven County P2etropol.itan Area is a � part. P;IorQ s�eciiir.all}�, there are �,rell over 190 governmental units which i�ay be eligible. For fiscal year :1976, the situatuian improves somewha-t with 5.1 zni11ion dollars in funds programe� to be allacated. � . In response tc� this dilenLm�, a. group of concerned ar,ea planners and city administrai�ors is attempting t� determine the amount of interest at the local. gotTernmental level in � the recently passed I�ousinc� and Conununity Developmen� Act. Although not officially recognized n�r enpcwered to administor any portion of the fun�s, th� group is seeking to , answer �he question, "Can eliaik�le recipients oi HUD block grants, collectively agre� to an. all.ocati.on plan or will they be willing �o resort to utilizing set procedures � established under_ the old cat.egarical grant programs." Many, communities may find themselves cot�peting for.the same federal dollars an�. in the �.LOC�JJ commi�ting limited staff resources to co�n�l�ting the necessary paper work. , What the group is attemptir.g to do is to spread the limited federat dollars further whi.le concur_rently proviciing a resource for assistance in submitting app�acatior_s. , However, before we pursue t.his ques�ion any further, let us briefly review the chain of evenis which lead to the group's formation. � In Au�ust of this year, Congress and the President signed th�� ct. It is a departure from traditianal federal funding of municipal development by consolidating several , existing programs for co�munity develo�ment into a single program of bloc;: grants. As thE� narne i.mplies, the Act will require recipients of funds to coramit themselves to the pravisions of low and moderate :income housing. Enclosed is � a sum.mary of th� main provision of the Act, estimated amount . of funds to be made available and community activities eligible for funding. ' What may be of par_ticular imgortance to communities such as yours is the provision for Sr�SA Discretionary Balancc, Funrls. These essentially are funds cohich wiil be ' made av�ilable to communities n�t eligible for Formula I:ntitlernent or Ilolcl Harmless.desic3nation. , � � Fx � , � � i � � � �J L� ' , , i , � Becaus� of the limited amount (at the outset) of discretianary funds available for grants, a concern has be�n raised ds to: v � � ir�hat is �n equitablc� and sensible means of allocating discretionary funds? • Is it p�ssible to progr.am the allacation of these func�s so that more cam�-nunities can particpat�? o What can be done to simplify applications to ensure equal opportunity to comnunities regardless of . s�a�f ar�d other resources? As a m°ans of bringing t��se concern� into proper per- specLive a:�d possibl1 to formulate alternative �pproaches, a group of are� planners and administrators net �n October 9th to discuss th°se issues. P7hat evolved :Erom this initial session �aas to create an AD HOC Steering Comz�ittee who's charge was to investigate these issues and define reasonable alterna-tiv� approaches to be presented to the group at a later c1a �e . As ParL of this effort, the Steering Cammittee has solicitPd th� support of the Local Planning Assistance section oi th° Nietropolitan Counc?1 in an attempt to determine how mar_y �oca1 uni.�s of government utill be i_nter�sted �.n parti.cipa�ing in the co�runittees activities ar willing to. pursue a ca�acerted coo�arative approach to grant application. If your co�-;�unity has the desire to apply, pleasP send to th2 HCD �>D IzOC S-�Aering Committee attentio�, G�ne Frarichett, I�i�'�ro��L�; :�� Co��:�cil, S�.? -�e 3Q0 �ivtro ��iqiia��^x:u� 13�.r.q, -�--._____�-�---�i-----�-,--� St. �.�.�i :��_'�: r�?� '-��c4��;=�er 20, 197�, a le�tP:c of int�xit and ac^o:�;��.�-Y^�rg zc-�solut7 on sample enclas�d . �rh�s by no m.eans shoulc? tha.s be cons�rued as an ofiiuial statement to or recogni�ion by �iUD as to your interest nor does it mean that your cainmuni�.y will �e ir�cligibl�e to apply directly. Hawever, what th�.s l�t�er and reso3.ution «i11 c?a is provide the co;nl-�►ittee wi�h a be�ter fezl for the number of communities interested and wilting �ta particip�te. Upon reciept of your co:nmunities letter of intent and resolut�.on, ti�e Steerin�r Cor,u-nittee v�i�.l review the responses dnd group them in��o a composite to b� forwarded to tf�e Area Director of HUD. Your resolution and letters of inient will docum°n� to HUD the local interest in a joint approach �� to Comu-nunity Develop:*.tent Funding . We actively solicit your support in this, coop°rative venture and encourage your participation in this allocation arrange�;ent. '1'he Steering Corunittee has made provisions to provic.e a�sistance to interested communities for coordinating and pYap�rinq aPPlications. If you have questions or ideas on this allocation procadure, contact the AD HOC �Steering Committee t;►rough Jim Sarton (227-992I). Sincerely, HCD AD HOC STEERING COMMITTEE � � , � , � ' � , � � � L , � �J �J , �� i � 1- ��l`� �( RES4LUTION STATING NTENT TO PARTICIPATE IN CU�PEt"Z71`i':CV�' CO:•�`•IUNIiY DEVFLOPME�dT FUNDING WH�RE�'�S, the x�cently enacted Fcdara.l �iousing and Community Develop�:en� Act af 1974 at Sec�ion 570.104, Subd. (c) provid�s a limited amount of discretionary func3s fo.r activites proposed.by qu�ilifying units of general �aurpose local government ��hich the De�artment oi Housing and Urban Development {�IU;;�) ��1�'�as to £ttr.��, ,�ric� WHEREAS, the total available funds are expected to be not more than 1.4 millio� for Fiscal Xear. 19'75 and 5.1 ma.l].zon for Fiscal Year 1976, and WHERFAS, (th� local governm�ntal unit} , tagether with approximatc]_y 190 other gov�rnmen�al units withi.n tha rletropolitan Area is eligible to mak.e application far such funds; NOW, THERF�'ORE BE IT RESOLVED: l. 2. �� (the local governmental unit hereby eypresses its desire and iiitent to participate through the. HCD Ad Hoc Steering Cor,unittee, together with other eliqible goveriimen�al units within the Metropalitan Area, in the formulation of tentative alternative L Section 507.10�,jSubd. (e) funds allocation, pri.oritization a�d d.is�ributi.on procedures ��hich .," could ultimaticy be used in connection with such �� fun� distribution in th.e rletrapolitan Area. � (the local qovernmental unit directs � � - �- -- � `� ..,�. ) to act as its designated representative to this Com �� ttee and to HUD far purposes oi expression of the (local governmental unit) position and intent with regard to the above matter. 3. (the local qot=ernmental unit) unc?erstanc3s that this Resolutiori do°s not constitu-te an acceptance or endorsement o� any specific recommendation (s) of th� HCD Ste.ering Commitee concerning the above but agrees to 5iL �`ur L'�;�:.- ;i `i.�.ia 1. ccns� d�•� ,: ��:'. �c �.:�Y r�co�.� °ndation far-r.►ui�ztt.c:i i�y 5uc�i Coc,�n.;_ttee di,ri el�u�rst.0 ;�y �na clesignatec� representatives of participair�g com�nunities. 1 � � ' �� . ., _ r , , SAMPLE LETTER OF INTENT _ The iollowing is a sample letter of intent which may be � modi�ied if desired: , I , December 12, 1974 Dear Mr. Franchett: , The City of Fridley is interested in participating in the HCD Ad Hoc Steering Committee's activities or willing I to pursue a concerted cooperative approach to grant appli- cations for Discretionary Balances Funds to the Department of Housing arid Urban Development. � In suppart of this ac�ion, the Council passed a resolu- tion on (dat�), a copy of which is enclosed. However, the community is not prepared to make specific grant applications ' at this time. � , , � ' 1 � , , � � � Sincerely, � � [� � � , , RESOLUTION N0. i�:� A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF TNE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1976 - 4 BE IT RESOLVED, by the Council of the City of Fridley as follows: 1. That it appears in the interest of the City and of the property owners affected that there be constructed certain improvements, to-wit: ' Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, and other facilities located as follows: , � 1 1. Mississippi Street East River Road to 2nd Street � 2. That the Public Works Director, Richard N. Sobiech, City Nall, Fridley, Minnesota is hereby authorized and directed to work with Anoka County and their Consulting Enc�ineers, Barton-Aschman Associates, to draw the � preliminary plans and specifications and to �abulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a t preliminary report of his findings, stating therein whether said improve- ments are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), ' including also a description of the lands or area as may receive benefiis therefrom and as may be proposed to be assessed. , ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS DAY OF , 1974. � ' ' MAYOR - ATTEST: CITY CLERK - MARVIN C. BRUNSELL � 16 � � RESOLUTION N0. �, i / � / C/ � ' A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON TNE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS; STREET IMPROVEMENT PROJECT ST. 1976-4 � . ' ' , LJ WHEREAS, the construction of certain improvements is deemed to be in the interest ��f the City of Fridley and the property owners affected thereby. BE IT RESDLVED, by the City Council of the City of Fridley, as follows: l. That the preliminary report submitted by the City Engineer and the Consulting Engineers is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or witl�in the area of lands as may be proposed to be assessed for said improvements, and cal- culate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each nf � them as noted in said notice are a71 the lands and areas as noted in said notice: All of the same to be assessed proportionately according to �he benefits received. ' � 4. That the estimates of assessments of the Clerk shall be available for inspectian to the owner of any parcel of land as may be affected thereby at any p�blic hearing held relative thereto, as well as at any prior time reasonable and convenient. � 5. That the City Clerk is authorized and directed to give nofiice of such , public hE�aring by publishing a notice thereof in the official newspaper of the City of Fridley and by mailed notices to all the property owners whose property is liable ta be assessed with �he making o�F these improvements ' accordinc� to law, such notice to be substantially in form and substance of the notic:e attached hereto as Exhibit "A". 6. That this Council will meet on the 13th day of Jar�uary . 1975 at 7:30 a'c�lock P.M. at the City Hall in the City of Fridley for the purpose af holding a public hearing on the improvement noted in thP notice attached hereta and made a part thereof by reference, Exhibit "A". ADOPTED 13Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF MAYOR - ATTES7: CITY CLERK - MARVIN C. BRUNSELL � .J./ I �:1 � ' , ' OFFICIAL PU6LICATION CITY OF FRIDLEY (EXNIBIT A) NOTICE OF HEARING O�J IMPROVEMENTS STREET IMPROVEMENT PROJECT ST. 1976-4 WNER=AS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter deseribed. NOW, THEREFORE, NOTICE IS HEREBY GIVEN TNAT on the 13th day of ' January _, 1975 at 7:30 o'clock P.M. the City Council will meet at the City Hall in said City, and �rill at said time and place hear all parties interested in said improvements in whole or in part. � � �_J ' i ' , LJ 1 , ' ' The general nature of the improvements is the construction (in the lands and streets noted below) of the follotiving improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, and other facilities 1 ocated as fol l o��vs : 1. Mississippi Street East River Road to 2nd Street 0 ESTIMATEL� COST ...................... ......................$1,707,400.00 THAT THE AREA PROPOSED TO BE ASSESSED FOR SRID IMPROVEP�lENTS IS AS FOLLOWS: For Construction Item above----------------------------------------- All of the land abutting upon said streets named above and all lands wittiin, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benE�fits received by such improvement. �A r ' , �J ' � RESOLUTION N0. �� - 1970 �. A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 1800, SECTION 3 ' . WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcel, to-wit: Parcel 1800, Section 3, may and shall be apportioned and.divided as follows: ' Original Parcel rund Parcel 1800, Section 3 Division of Parcel Approved Parcel 1800, Section 3 Parcel 1810, Section 3 Regular SA W �� 34 1964 Serv. Conn. sw & ss ��102 (w.L.) sw & ss ��102 (s.�.> SS ��102 (N.Area} SS 4�102 (S.Area) ST. 1973-1 ST. 1973-2 SS 4�102 Reassmt . Fund Regular SA W �634 1964 Serv. Conn. SW & SS ��102 (W.L.� SW & SS ��102 (S.L.) SS 4�102 (N.Area) SS ��102 (S.Area} SS ��7�02 Reassmt. ST. 1973-I ST. 1973-2 Regular SA W �� 34 SW & SS �f102 (W.L.) SW & SS �6102 (S.L.) SS 4�102 (N.Area) SS ��102 (S.Area) SS 4�102 Reassmt. ST. 1973-1 ST. 1973-2 ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1974. � ATTEST: , CITY CLERK Marvin C. Brunsell MAYOR Original Amount $ 3,484.80 Paid 6,187.75 53,979.45 69,176.16 18,088.60 23,350.00 � 11,535.00 21,721.60 1,942.72 $209,466.08 Original Amount $ 2,683.30 Paid �6,187.75 37,518.39 50,000.76 14,651.77 11,208.00 932.51 1,183.00 10,775.95 $ 801.50 Paid 16,461.06 19,175.40 3,436.83 12,142.00 1,010.21 10,352.00 10,945.65 $209,466.08 DAY OF Frank G. Liebl RESOLUTION N0. I� - 1974 A RESOLUTION AUTHORIZING AND DIRECTING THE COrSBINING Or SPECIAL ASSESSMENTS ON LOTS 4 AND S, BLOCI� 8, HAMILTON'S ADDITION TO Ivi�CHANICSVILLE WHEREAS, certain special assessments have been levied with respe�t"to certain land and said land has subsequently been combined. NOW, THER�FORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lots 4 and 5, Block 8, Hamilton's Addition to Mechanicsville, may and shall be apportioned and combined as follows: Original Parcels Fund Original Amount Lot 4, Block 8, Parcel 2180, Regular SA $ 49.03 Hamilton`s Addition to Mechanicsville SW ��61 (Latera]..$) 214.80 ST. 1965-2 250.40 SS �65-A 132.50 Lot 5, Block 8, Parcel 2190, Regular SA $ 49.03 Hamilton's Addit�_on to Mechanicsville ST. 1965-2 250.40 SS ��5-A 121.90 Combination of Parcels Approved Fund Lots 4 and 5, Slock 8, Parcel 2195, Regular SA Hamilton's Addition to Mechanicsville SW ��61 (Laterals) ST. 1965-2 SS ��5-A ADOPT�D BY THE CITY COUNCIL OF TH� CITY OF FRIDLEY THIS . 1974. MAYOR ATTEST: CITY CLERK Marvin C. Brunsell $ 1,068.06 Original Amount $ 98.06 214.80 500.80 254.40 $ 1,068.06 DAY OF Frank G. Liebl � � ,! . � � . � � . <� }( � ♦ � � / ��,�.(( L�� . V I �� COPdSIDERATION OF A RESOLUTION AUTHORIZING CHAPdGI1�G EUDGET APPROPRIATIONS WITHIN THE GENERAL FUND � � RESOLUTION N0. 1974 A RESOLUT?ON AUTHORIZING THE CHANGING OF BUOGET RPPROPRIRTTO�IS WITHIN THE GENERAL FUPJQ IdHERERS, The City Councii has previously authorized certain expenditures for the budgeted amounts allocated in the 1974 t3udget, �G;�, THEREFORE, BE IT RESOLVED, By the Council af ti�e City of Fridley meeting at a re�ular meeting on December 15, 1974 as follows: 1. That the aapropriati�r�sfor the fol7owing activitTes be reduced as follows: Finance $1O,OQ0 � Civjc Genter � � 3,Q00 Civi1 Defense 1,OOQ H�a�th an� Sanitation 4,500 Engineering 19,Q00 Publ i c ��Jorks 21,670 $5�•,1?J 2. That the appropriations for the following activities be increased as follows: Legz�slati ve Legal Police Fire Parks and Recreation $ 3,900 - 270 26,�00 1�,�0�J T�,700 a�9,170 EASSED ANQ ADQPTED SY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1974. i•1AYOR - FRANK G. LIEQL ATTEST : CI7Y CLERK - MARVIN C. BRUNSELL � � I ' I ' RICHAB� D. ALLEN, L�'D. � ATTORNEYS� AT LAW � . �956 NORTHWESTERN BANK BUILDING � � � . MINNEAPOL.IS� M�NNESOTA 55402 � . � - � - � , . RICHARO D. ALL.EN � � �eC'e"""er " � 17 ! `t i M/1RK N. STAGEBERG I ' � CERTIFIED MAIL RETURN RECEIPT REQUESTED � , ' The City af Fridley 6431 University Avenue iV.E. Fridley, Minnesot�. Mr. Virgil C. I�errick Attorney at Law 6279 University Avenue N.E. Fridley, Minnesota Re: Home Insurance Company C1aim No.: 351-L-575764 ' Insured: City of Fridley Title: Dailey Homes, Izic. v. City of Fridley Gentlemens � TEIEPHONE 332-8512 AREA CODE 61Z. We are the attorneys representing The Home Insurance Company with respec-� �o the policy of insurance which said insurance company had in eff�ct for the City of Fridley at the time of the facts giving ris� to the above-entitled lawsuit. A copy of the Summons and Complaint which has apparent�.y here�ofore been served upon the City of Fridley, has been forwarded to us for deiense by The Home Insurance Company. As Mr. Herrick knows by my telephone conversation with him of Wednesday, December 4, 1974, there are certain mattera alleged in the p7.aintiff`s Complaint which may not fall ��ithin the liability coverage of The Home Insurance Com- pany policy for the City of Fridley. The Complaint in the above-entiiled lawsuit appears to se�k recovery on grounds of negligence as well as trespass, and possibly other theories of recovery. The Home Insurance Company believes that only those alle- gations contained in the Complaint alleging or claiming negli- gence on the part of the City of Fridley would be covered within its policy of insurance. Once the full facts are known in this case, there may thus be grounds or basis for � � � ' �1�. . 1 � ' , ' ' � ��I , � The City of Fridley . Mr. Virgil C. Herrick December 6, 1974 Page 2 The Home Insurance Company to deny coverage for the City of F�idley. This letter is written to you to confirm the understanding and agreement by myself, as attorney for The Home Insurance Company, and Mr. Herrick, as attorney for City of Fridley, that both the City of Fridley and The Home Insurance Company do each hereby expressly reserve and preserve any and all legal rights, legal defenses, or other matters, which either may have with respect to the issues of insurance coverage, by The Home znsurance Company for the City of Fridley as to the matters alleged and claimed in the Complaint in the pending legal action. This 1.etter further confirms that it is the express intention and purpose of both The Home Insurance Company and the City of Fridley, that both the City of Fridley and The Home Insurance Company will each fully reserve and preserve all of their respective legal rights, defenses, or other legal matters relating to coverage under the aforesaid policy of insurance written by The Home Insurance Company for the City of Fridley. No aCt, action, or omission, by either the City of Fridley or The Hoine Insurance Company, in the defense and handling of the aforesaid legal action shall be deemed a waiver, estoppel, or modification of caverage in any respect whatsoever. � It is fur�her understaod and agreed that we, as attorneys for The Home In.surance Company, will, pursuant to this non- waiver agreement, and reservation of rights understanding and , agreement, proceed to cooperate fu11y with the City of Fridley in the investigation, defense and handling of the present law- suit, and that we will sign the Answer on behalf of the City of Fridley, and will cooperate with A-ttorney Virgil C. Herrick, ' the attorney for the City of Fridley, in proceeding with the defense and handling of the penc�ing lawsuit, or such other matters as may be necessary or required. It is further agreed ' that The Home Insurance Company will, o� course, pay and com- pensate us for our services on this matter, as required by its policy of insurance, and that the City of Fridley wi11 pay and ' compensate Virgil C. Herrick, as its personal attorney for his services rendered to the City of Fridley. If you find the matters which I have set , ].etter to be correct and acceptable to you, that Mr. Herrick sign the enclosed letter i below, and return it to me, so that we will ' � � forth in this I would request n the blank provided have a clear"under- 21A The City of Fridley Mr. Virgil C. Herrick December 6, 1974 Page 3 standing on this matter and may proceed accordingly. Your courtesy and cooperation are appreciated. MNS:mbs ACCEPTAiJCE OF FOREGOING NON-WAIVER AGREEMENT AND RESERVATION OF RIGHTS Re: Policy of Tnsurance I, Virgil. C. Herrick, Attorney for the City of Fridley, by and with the authority of the City of Fridley hereby consent and agree 'co the foregoing matters set forth in the abave letter. � Dated: Virgil C. Herrick � � CLAIMS GE�dERAL LIQUOR � � / � � 3�, -�� y , � J� .-%� 38105 — 38234 +38236- / � 1 9408 — 9452 s� � � � � �� i FIRE DLPARTTII:NT PAYROLL J'une I6, 1974 thru December 10, 1974 , NAME N0. OF FIRES OFF DUTY ON DUTY DRILLS NIGHT DUTY TOTAL , $5.00 NO PAY $5.00 $?.0.00 (�TAGES Aldrich, Robert �Bakke, Dal_e Bates, James Blemster, LeRoy ,Car�:i�an, Don Case, }Iarry Clark, Darrel ,Friis, Pobert Goranson, I:ahert Haley, John Hamer, Larry �Harstad, Gordon IIiggins, Jerry Hughes, Roher.t Kasicl:, Charles Kelly, Tom Kremer, Richard 'Larson, Gary Larson, Richard Lenz, Douglas Lon�erbone, Iierle Lorbeski, Jir:i rlcKusick, Charles Messer, Ralph 'Money, Ronald. Olscn, Arthur Ottem, Dennis �Peka, Larry P.omanct-�alz, Ronald Sueflce, James Sand in, ��;m. Schmidt, Ricliard . Schoneman, P.on Silseth, Arttiur 'Sir'�onscn, lIoward Smit�h, Durl 'rrocice, I:odney IZentgraf, DeI � TOTAL 109 51 124 94 122 127 94 67 76 111 137 116 72 1.17 68 105 57 96 1.4 8 90 �.1 s 72 134 io2 88 179 99 123 S4 154 134 127 180 1.44 103 iis 134 137 4208 /+ 6 2 0 0 7 G 0 6 1 51 5 4 60 10 11 7 5 6 6 54 6 6 4 2 6 56 5 3 17 11 1$ Z2 5% 9 12 12 12 11 Ilz 15 5 12 5 • 13 1,7 14 14 iz� 15 I.1 I6 17 16 14 1Z% 14 16 11; 16 13 15 1G 2 15z 17 8 3 0 1 6 6 Q 7 4 6 9 7 0 8 6 3' 3 4 6 0 6 5 6 5 2 6 0 6 5 �z, $790.00 370.CU 785.00 510.00 6°0,00 655.00 617.50 500.00 44�.U0 755.00 885.00 775.00 497.50 780.00 545. 00 705.00 450.00 545.00 945.00 650.00 780.00 4f32. 50 $45.00 625. 00 60C1. 00 1,100.00 575.00 8Q5.00 4R7.50 340.00 870.00 792.50 1,020.00 905.00 590.00 777.50 867.50 870.00 405 4802 171 $26,8G2.50 General Alarms 191 ' Still Alarms 21 Company Alarms G4 TOTAL 256 � C� Drills 17 � LIST OF LICE�lSES TO B� Af'PROUED �Y i"HE CITY COUiVCIL AT THE t7EETINC OF QECEP9BER lb, 1974 �j� TYPE �F LICE�lSES 6Y APPROVED QY FE� ' I CHRISTh1AS TREE LOT _ _ �, 7699 Viron Raad Sherman Hanson Deputy Fire Chief $125.00 ' Fridley (100. Deposit) ' CIGARETTE • i, t�lenard Cashway Lum6er P1enard,.Inc. Public Safety Director 12.00 5351 Central Avenue ' FOOD EST�1aLISHMENT �Menard Cashway Lumber P�enard, Inc. health Inspector 10.40 5351 Central Avenue (Pro-rated) i , SOLICITOR Grarariums One !•�Jorld Crusad� Public Safety Director Non-profit j � Unification Church Dennis Conrad 1 - 1 : 1 '1 , . 1 , _ . 1 1 �. � 1 r __ � 24 A - � MULTIPLE At�lELLING LICENSES TO BE .APPROVED : Period September 1, 1974 to September 1, 1975 � Ot4;•dFR ADDRESS � UNTTS FEE APPROVF'D BY: � James J. Parnon 1675 Grand Avenue , St. Paul, MN 55105 361 74th Avenue N.E. 8 $15 Robert D. Aldrich ,Eugene E. Lashinski 1035 Polk Place N.E. 4030 Main Street N.E. 4 $15 Robert.D. Aldrich ' �Elliot V. Benincasa 6063 3rd Street N.E. 6051-53-55 3rd Street N.E. 3 $15 Robert D. Aldrich , ' . ' ' - ' ' . � � * ,_ � � ' ' � ' r . -� � �_l , , ESTIMATES TO BE CONSIDERED BY FRIDLEY CITY COUNCIL - DECF1�f6ER 16, 1974 Peter Lametti Construction 615 Drake Street St. Paul, Ninnesota 55102 PARTIAI: ESTTMATE N0. 3 for Sanitary Sewer Improvement No. 113 (Central Avenue Relief Sewer) Comstock & Davis, Znc. , 1446 County Road "J" Minneapolis, Minnesota 55432 For furnishing resident inspection and resident supervision ' for the staking out of the fo1lowing construction work , ' ' ' , PARTIAL #3 for Sanitary Sewer Improvement Project No. i13 from November 4 through November 30, 1974 PARTIAL #6 for Sanitary Sewer & Water Improvement Project No. 115 from November 4 through November 30, 1974 PARTIAL #11 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from Navember �- through November 30, 1974 Carl J. Newquist, City Prosecutor Smith, Juster, Feikema, Haskvitz & Casserly Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor for November Virgil Herrick, City Attorney ' Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 , For legal services rendered during November, 1974 ' � � , $ 900.00 ..• :-. 456.63 �� .: 1,345.00 1,110.00 25 TIP�E P,ECOP.D FOR ��OVEM6ER, _1974 PROSECUTIOCd I�JORK 1. Preparation, Travel and Time in Court for 24 Court cases and 32 Pre Jury Trial Con- ferences. 2. Investigation and Process of Complaints including office conferences, phone con- ferences, correspondence and preparation of Formal Complaints. 3. County Prosecutor's Meeting CJN TOTAL 22 hours 11 hours 3 hours 37 hours $MITH, JUSTER, FEIKEMA, HASKVITZ and CASSERLY ATTORNEYSAT LAW BUILDERS EXCHANGE BLDG. � � � � � SUBURBAN OFF�CES MINNEAPOLIS, MINNESOTA 55402 � � OSSEO 339• 1481 FRIDLEY � City of Fridley . � 6431 University Avenue �J. E. Fridley, h1innesota 55432 Attn: Nasim Querishi, City Manager L PLEASE flETURN THIS PORTION WITH YOUR PAYMENT J DATE � • • • BALANCE FORWARDED FROM LAST STATEMENT 11-29-74 For legal services rendered as Prosecutor for the Ci ty of Fri dl ey. November 1974 Retainer. $1,000.00 Secretarial Services 100.00 Time in excess of 30 hours (7 hours 10 minutes} 245.00 1,345.00 � dL'C'•.�I�i, U�li.��r t-•nii:. .ic.c �li ...':�.� .��,c�l�: ��iii'. �1C�:0;_i�� , il�i C.': i i' :::� i �c .�c�. �)^�. r:�' - i , .. _ � . �i reci ;u i; ,; . , �,_ .. . _.... � — -- - --�-�: ;i�;nr ure c,� l;!a; i; SMITH, JUSTER, FEIKEMA, HASKVITZ �r+o CASSERI.Y ATTORNEVS AT lAW . . l�� .. ��i �o . L,_ $1,345.00 25 A 45 minutes 25 minutes 00 minutes 10 minutes � LAW OFFICES - WEAVER, TALLE & HERRICK 25 � � �.,�HARLES R. WEAVER . . HERMl1N L. TALLE 316EASTMAIN � VIRGII C. HFRRICK ANOKA,MINNE: � ROBERT MUNNS . 42� 5a�� . �� JAMES D. G1665 � � � � � ,WILLIAM K. GOODRICH TNOMASA.G[DDE JEFFREY P. HICKEN � . . , . � � � �� . . . . ce er 11, 1974 ' . �ITY OF FRIDLEY �ovember Retainer: $I,000.00 �ouncil Meetings 6 hours leetings with Staff 4 hours . Conferences with Administration 5 hours itizens Inquires 1-1/2 hours gaI Research and Memos 2 hours • ity Charter Commission 4 hours Off-sa.Ze Liquor Store Lease 3 hours �a.le� Homes vs. City of Fridley I-1/2 hours 27 hours �ecretarial A11ow�ance • $ .ZD0.00 EXPENS�S ADVANCED: �1erk of District Court � $ 10.00 TOTAL .............................$1,110.00 � VCH r - , �� .� � _. . � ... . . I . . � 1 � 1 ' ' CHARLES N.WEAVER , HERMAN L.TALLE V I R G I L G. H E R R 1 C K ROBERT MUNNS JAMES D. GIBBS ' WILIIAM K. GOODRICM 7HOMA5 A.GEDDE ,IEF'FREY P, HIGKEN � � � ' � ' LAW OFFICES WEAVER, TALLE & HERRICK ROGIlf�[� 13.�,Zj,7aY�� Y�I]C. 153 5�i.ive�� .�:s Rcr�ci �i�� i3�� gl�tan, �S�rsn�� 17��r �Sr. F�il.lrn�nl M[?{�I�)67C �� 19/�� ' � ` r ��.��'l ,l .. 4,�,� � � . �. .� , 316 EAST MAIN STREET ANOKA, MINNESOTA 55303 421'S413 6279 UNIVERSITV AVENUE N.E. FRIOLEY, MINNESOTA 55432 560-3850 FIR9T STATE BANK BU�LDING COON RAPIDS,MINN.55433 755-�330 � � ��.�r.�rleci�� .��i��?v c�.� a ,��r��:e.� �a�ca.� �a�. �.��a��c' �J. �'�ciB.Ii, Attaznoy at L�aw, d�tac� 6tic��rzr�.��r Z.�� .��7�:e �r�::�s�� *g�h a ,P�'��;�,�:�Z ��s:�ra� �r�.c�ed b� ��adn�y �ii�;�xn �,� �i�� C,��,� 01: �='r..�dZ�� .f�tc��i��;�r� �1z�� t;�:�n�� .�.t�'�:�n e��Z1 nc��fiy the �.G�� C?I,� t�8'i� G°f.,:I,i�:.�'a`3�'� Cie�3i�?�.6l�L,xC��°�s i'3ZIi� Y�.�:.:Ca �€;�"v'�t`2't3� T+�.i�{I C�Y'1 Ls�.l�"iIEG�A3E�YT� {.O c"�xn�z �ct f'ox° .i�a�, ��ts�s��.� X�rizr�� .f 1.tr�� Ir��o � r�rld �za��°al R. ��'r I1ev�Zvpment Corp. .� 1aa�4+� �°�:v��esa��ci ��a t�kztt�<�,� �°�rr��;r�s2� w��i �i�� C.i�� t�g �'r.iul��, ��t�cl l�ebruary I, .I�71. .Z tzrs�:a ��i�� i4tsr��;y�� .1.��,�s�°�f �s �`��? e��r�� e�.� I,cx�� 4�, ��, d6, �0,, arrd 5I, l�azdi�vx's S�Sbr��.��?c�� :�� t�r,..��;,b��d �r� ci�ct�c��w ��ti �v�� ta �.�a� Ca�y fox par� pur��. :�r� iL�r� ? c.�'' �lic� ��i�Y�za��t l�g:�x-�f;�,�t��, t� ct�p� c9� ��3xeia l have enclased. M�. �t�..�Zr,?�a a�z��c� �o Aa�,3�� fi�� r��cs�ir��.�r�n �i�Pa�rx �wo y�r�x� of the dz2te of th� ' 1��..��zrai eac��r��i�. �°h�� c�:�-.�a�� i:b a��c�t� �1i.is �rog�r�y for lnaxk p�sposes �� ,��.x°i �� Iz�r ac�ra.�.fd��lc�s� g.�v�c�n �o �is� �.fty to ��oa�e �ls� x�e�1 est�te p��cn�Zy 1;.a�as�n �� s��t.'a Insa�%xrs�lr. � ' ' ' , ' ' �, II �;� Tn c�x�s� r�� 1r�u� cxL'Z.�cr�tzc�n u.�x��r ��r� e��r� t�g�Q�n�� ft fa th� Ci�y's pasita(on �I�� yc�ta �?.�� r_��c�r�£i:t��d �c� d��a.�� hi� �x�,�r�� 'a.r ��1� purpc��s. Z br�Zievo �.ta�� lia:� is� � c.a.<<�+�fttr��:�n� r.�.c:�.rain�p fro�c yas� to �1a:� City �and �� not c�ont�.ng�nL �a�ra �?�.tra��.I �. .��axx i�t��l�ti��,.rz� �o�°�. e n;ak.inq £.�n:�1 ,�syzr�nt to yoa on Cha con�ract fi�� c��ed b�Gs�r�an yr�ua� corp�x�tatan and i�a�cr`s cor��rsi:.i�n. ?C �vu.�d �� :� a�ira.�r�n �.'z�� a'I!�U�d D�tl"�a A. F�xr t?�c�lo��n� Corp., Pa�tl to p�s�'a�°a� ua��et �our c�z�tz•�c� �'o� dceai, th�� your salr� remc�dy wactld b� s stii� fox �n�y d�r��r�t�s rc��raex th�rs a ce�ntr�ct c�ncol.i�t3on. S nota �1�� by t.h� tea°� oF �h�t Rm�ndra�ra� to Cantract for Desed beL�►eern you and l3asrex A. P'�rz Il.�va.�n�nt Coxp., that tt,e 1�tter ia �o pey you $15,000.00 et �h€� rate o�' S1,A00.�0 psx u:onth. S wi12 prr�ser�� tnie mater.trcl to the Fxidley C�ty Counctl to dQtornrine Nhsther ihay �z�a ma�.isf.fad to w�t for tiza expjratton o� Chis t�r.io �n ord�r to tfilce fee t�ttla to i:h� �.borro d��scribed z�a1 eatete or whether thetr pos�tion w�11 be to ins�gt tt��t ,yvu ded.icate Zhe pmperty pursuant to th4 atutual Agreem�eat dst�d Febr��,+ 1, 1971. 2b � � Zs a ' i�od'r,e �t.ixZ�n r . _ .. y � ��- � No!�'eza�z� ?I, 197� ' , �[I �tc�,� o� yc�aar �oazrx�c�l �'eel Gta�t r�y �rat�x�p�c��s�ara ia� no� carx�rc�, f�� res ,� �g eont�et ,a� so tnat s�c� a�ight c%isc°ce.�� !t, �°iTl �`mA' 0Z 3� s / . / ,,�� , . ��1,��' ...�:..+'t....`�-�.. . . J v��: j jh t*��c�lx �o �i'�ra°s� _ , r��%��ur� ��i��,� c�� .��y � �:�: r�:x. ��:�� re ��, �at �x. r��,�� .�� ' ' � � ' . ' � . ' , . ' ' _. ' . ' � l� ; �, ,: ' � 1 �1 f� . . . . . � . . � An,"� �! �