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01/06/1975 - 5772PAT RANSTROM SECRETARY TO THE CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6, 1975 � ' � FRIllLEY CITY CUUi�CIL — REGUL�R MEETIfdG — JA�UARY 6, 1975 — 7:30 P,M, 0 PLE��E OF ALLEGIAidCE: I iJVOCAT IO�� : ROLL CaLL: aPPROVAL OF �I i�dUTES : 7:44 P. M. Given by Mayor Lieb7 All present REGULAR ��EETING, DECEMBER 16, 1974 Change on page 12, under Police Ranking, motion to direct City Attorney to prepare an opinion, not Attorney General. Adopted as changed. AllOPTIOiV 0� AGEidDA: Additions: Memo from Ray Sher�dan, Charter Commission of Jan. 6, 1975. Memos from Marvin 8runsell concerning amendments to City Charter, dated December 18, 1974 and December 20, 1974. Communication from Weaver, Talle & Herrick, Jan. 6, 1974 Receiving petit�on on charter amendment. AllMIfJISTRATI�iV OFmOATNaOFnOFFIC�Ee��ueE�E�1.Y��ci��a�li�t�i��LS: ��ILLIAM �, I��EE, MAYOR Rdministered. CARROLL A. KUKOWSKI, COUNCILWOMAN—AT—LARGE Administered. S7ATEMENT BY FRANK G. LI�'BL: Thanked all who worked with him and asked for support of new Mayor and Councilwoman-at-Large. STATEMEN? BY EVERETT UTTER: Offered his thanks to those who worked with him. � � . I � REGULAR MEETING, JAiVUARY 6, 1975 . PAGE 2 � � OPtf� FORUl�1 — V I S I TORS : (CONSIDERATION OF ITEMS NOT ON AGENDA — 15 MINUTES) � Flelen Treuenfels, 5248 Horizon Drive, renewed request for preparation , of statement by City Attorney concerning qualifications�and duties of election judges. ' , OLi� BUSIi'dESS: 1 CONSIDERATION OF APPOINTMENTS TO CITIZEN BIKEWAY i�ONi`'�ITTEE, AREAS �l AND �3 �TABLED.�ECEMBER �, 1974). , , � 1 — 1 B Tabled. ' . � � - --i , � ' , CONSIDERATION OF SECOND READING OF AN ORDINANCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE �ITY ��OTS 10-15, 1�LOCK 6, �AK �ROVE ADDITION)� � ' Ordinance No. 577 adopted and pub7ication ordered. � � .,,,,2-2A � � RECEIVING PETITION FOR AM�NDMENT OF CITY CHARTER, VACANCIES TN COUNCIL: Petition No: 1-75 recd. i�iemos from City Clerk dated Dec. 18th and 20th received. Cor�nunication from Mr. Ray Sheridan, Chairman of Charter Commission dated January 6, 1975, received. City Attorney and City Clerk to prepare a report on time table and legal status ofi amendments for meeting of January 13th, 1974. � ' ' I � REGULAR MEETING, JA(JUARY 6, 1975 NEW BUSI�dESS: PAGE 3 CONSIDERATION OF A RESOLUTION DESIGNATING AUTHORIZED , SIGNATURES FOR THE CITY OF FRIDLEY BANK DEPOSIT� �� 3 Resolution No. 1�1975 adopted. (Fridley State Bank designated, with ' Marvin Brunsell and Nasim Qureshi designated as authorized signatures.) ' ' ' CONSIDERATION OF A RESOLUTION DESIGNATING TIME AND , ��IUMBER OF REGULAR COUNCIL MEETINGS� � � . � � � � � � . � � 4 Resolution No. 2-1975 adopted with the Regular Council meetings scheduled for � the first and third Monday, the pub7ic hearing schedu7ed for the second Monday, and a conference meeting scheduled as an informal meeting in the Community Room, with no definitive action being taken for the fourth Monday evening if applicable, all to begin at 7:30 P.i�1. Some notice to be given to public concerning the additional meeting. � ' 1 � � CONSIDERATION OF A RESOLUTION DESIGNATING A LEGAL NEWSPAPER AND RECEIVING LETTER FROM FRIDLEY SUN� ��.� Resolution �lo. 3-1975 adopted designating the Suburban Sun as Lega] Newspaper. 5-5A CONSIDERATION OF A REQUEST BY ��IILLIAM D� BOATMAN TO �ISCUSS LOCKE PARK WITH CITY COUNCIL. � � � � • � • � � � � 6 � Communication from Mr. 6Jilliam D. Boat man received. Mr. Boat man's concern is that damage is being done to the physical facilities and wi7dlife of Locke Park. Council directed Mr. Dan Huff to prepare a report on any�damages and � also directed the City Attorney to report on any new laws which would relate to the use of snowmobiles on public property. Reports to be presented to Council January 13, 1975. � � REGULAR MEETIiVG, JAfJUARY 6, 1975 �� PAGE 4 iVEW BUSINESS (CoNTitvuED) KECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF llECEMBER I8, 1974� � � � . � . � . . � � � � � 1� ITEMS REQUIRE NO COUNCIL ACTION Minutes Received, RECEIVING THE MINUTES OF THE BUILDING STANDARDS — I�ESIGN CONTROL MEETING OF DECEMBER 19, 1974, ,��.� 1� REQUEST FOR SKYWAY AND STOREROOM ADDITION CUNITY HOSPITAL, 55O OSBORNE ROAD) RECOMMEND APPROVAL WITH STIPULATIONS Request approved with stipuiations listed by Subcommittee and amending the last stipulation from ]3�feet to state "adequate clearance". RECEIVING THE I�INUTES OF THE PARK AND RECREATION �OMMISSION �hEETING OF DECEMBER Z3, 1974� � � � � � � � � � I�inutes Received. � 7-7A . . , . � • , . REGULAR MEETING, JAfdUARY 6, 1975 . .. ... . . PAGE 5 �VEW BUSIIVESS �CONTINUED) RECEIVING THE MINUTES OF THE FRIDLEY ENVIRONMENTAL QUALITY �OMMISSION �EETING OF �iOVEMBER 19, 1974� �� 10 — 10 E Minutes Received. Suggested that the seating of a member of the Environmental Quality Commission on the Planning Commission be discussed at the 4th meeting of the Council. RECEIVIiVG THE MINUTES OF THE CABLE TELEVISION �OMMISSION ��EETING OF �ECEMBER 13, 1974� � � � . � � � � .� 11 — 11 C P�linutes received and rate structure approved as presented. CONSIDERATION OF A REQUEST FOR THE CITY TO FIUTHORIZE AN EMPLOYEE TO ACT AS A VOLUNTEER REGISTRAR FOR THE SELECTIVE SERVICE SYSTEM� ��.�� 1Z — 12 A Tabled until the meeting of the 20th of January. Administration directed to answer some of the questions raised. �� 1 r REGULAR f�IEETIidG, J�iVUARY 6,, 1975 � PAGE 6 I�EW BUSIIVESS �CONTINUED) ' CONSIDERATION OF A REQUEST FOR APPROVAL BY MINNESOTA HIGHWAY DEPARTMENT OF SAFETY IMPROVEMENTS � TO BE CONSTRUCTED AT THE INTERSECTION OF HACKMANN AVENUE AND CENTRAL AVENUE � � � � � � � � � � � � � � � � , 13 — 13 C Council concurred with statement on 13-B of agenda indicating the � proposed construction would have no adverse impact on Moore Lake Beach. , � CONSIDERATION OF APPROVAL OF �OINT USE RENTAL AGREEMENT FOR 19%5 WITH METROPOLITAN SEWER BOARD. �� Approved. CONSIDERATION QF A RESOLUTION REQUESTING TECHNICAL AND ENGINEERING ASSISTANCE AND 14-14B APPROVAL OF AGREEMENT FOR TECHNICAL ASSISTANCE WITH �'�I NNESOTA i1I GHWAY I�EPARTN'iENT � � � � � � � � � � � � � , , 15 — 15 C Reso7ution No. 4-1975 adopted and agreement approved. , �, REGULAR MEETING, JANUARY 6, 1975 PAGE 7 ' N�W BUSI�ES$ (CONTINUED) _ CONSIDERATION OF A RESOLUTION NAMING STREETS IN GREAT � C�ORTHERN INllUSTRIAL CENTER PLAT� � � � . � � � � � . � . 16 - 16 B � Resolution No. 5-1975 adopted. � � ' �LAIMS � � . . . � � � � � � � � � � � � � � � � � � � � . Approved. Claims and ordinances to be posted in City Hall. �� LICENSES � � � � � � � � � � � � � � � � � � � � � � � � � IS , Approved. � rEST I MATES � . . , � . . � . � � � � � � � � � . . � � . � � I9 � r r ' � , Approved. COMMU iJ I CAT I ONS ; REAL PROPERTY SERVICES; USAGE OF INDUSTRIAL BUILDING AT %�OO I �AI N STREET �� E � � � � � � . � � � � . � � � � . 2� Administration instructed to pursue plans for development keeping in mind the drainage problems and that 20 acres of asphalt should not be installed for parking and that this matter be presented to the Planning Commission at iheir meeting on the 22nd of January, that the adjacent property owners and the residents in the area of Stonybrook be notified. It was the consensus of the Council that this was conceptua7 and not final approva], the applicant will have to go to the Subcommittees. � ' � ' � ' REGULAR COl1NCIL MEETING, JANUARY 6, ]975 PAGE 8 COMMUNICATIONS (Continued) COMMUNITY SCHOOL INTERACTION: TOM MYHRA: Question was raised whether or not a member of the City Counci] should be a member of the Committee with the addition of the members of the staff that have been designated. To be brought back to the Counc�] for consideration. WEAVER, TALLE & HERRICK: OPINION ON RANKING IN POLICE DEPARTMENT: Received and Administration directed to transmit to Police Commission. ' . LEAGUE OF MINNESOTA MUNICIPALITIES: SCHOOL FOR COUNCILMEN AND MAYORS: , Mayor Nee said he would like to attend. Other members to notify City Manager of their intentions. CONSIDERATION OF PUBLIC NEARING FOR THOSE WISHING TO BE CANDIDATES FOR COUNCIL WARD III: Council action designated the fourth Manday evening meeting to be a public hearing meeting for the purposes of interviewing potential Third Ward Candidates. Administration directed to publicize. Administration also directed to prepare a Resolution declaring a vacancy in the Council. CONSIDERATION OF A REQUEST BY MR. ED WILMES FOR INCLUSION OF ISLANDS OF PEACE IN MATERIAL SENT OUT BY THE CITY WHICH WOULD DETERMINE PUBLIC INTEREST IN AID FOR NORTH PARK: . Council directed the Administration to inclucie the Islands of Peace in any solicitation, ADJ OURN : 11: 00 P. ��i . I , 1� 1 �1 � _ �24 � i THE MINUTES OF THE REGULAR MEETING OF THE FRIOLEY CITY COUNCIL OF JANUARY 6, 1975 The Regular Meeting of the Fridley City Council of January 6, 1975 was called to order at 7:44 P.;1. by Mayor Liebl. I � ; PLEDGE OF ALLEGIANCE: i Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance , to the Flag. � ' �J ' ' ' INVOCATION: Mayor tiebl offered the Invocation. ROLL CALL: ; MEMBERS PRESENT: Councilman 8reider, Councilman Starwalt, Mayor Liebl, Councilman Utter, and Councilman Nee. ' MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF DECEMBER 16, 1974: MOTION by Councilman Utter to approve the minutes of the Regular Meeting of the Fridley City Council of December 16, 1974 as submitted unless some other member of the Council had some additions or corrections. Seconded by Councilman Nee who noted a change ori�page 12 within the motion under the question of ranking in the Police Department. Councilman Nee said he thought at the time, he had made the motion, he was under the impression that the opinion would be furnished by the City Attorney, not requested of the Attorney General. The Council consensus was that this was correct. Upon a voice vote on the motion to adopt the minutes with the change, all voting aye, P1ayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Breider said he would like to add receiving the petition requesting a Charter Change within the section of the Charter concerning vacancies in the Council. Also, he added communications from the Chairman of the Charter Commission, Mr. i2ay Sheriden, and two communications from the City clerk, Mr. Marvin Brunsell. Councilman Nee said he would like to add the communication from Weaver, Talle and Herrick concerning the opinion of ranking in the Police Department, dated January 6, 1975. Councilman Hee also added the consideration of a communication from the League of Minnesota Municipalities which was notification of an educational funct5on for Mayors and Councilmembers. MOTION by Councilman Breider to adopt the agenda as amended with the aforementioned additions. Seconded by Councilman Utter. Upon a voice vote, a1T voting aye, Mayor Liebl declared the motion carried unanimously. STATEMENT BY MAYOR LIEBL: hayor Liebl addressed the Council and said he would like to make a statement before , the oath of office is administered to the new Mayor and Councilmember at Large. � P4ayor Liebl said as an American by choice, he felt priviledged to have been ab]e to � serve the people of the City of Fridley for the past eight years. Mayor Liebl ? cormnended the Council for their deligent and competent work stating, although, they i sometimes disagreed with his views. Mayor Liebl thanked the City Attorney, Virgil Herrick, and said he had been impressed by his loyality to the City of Fridley and its citizens. Mayor Liebl said the City Attorney had provided very competent opinions. ___ : 1 i � REGULAR COUNCIL MEETING OF JANUARY 6, 1975 �2� PAGE 2 Mayor Liebl said he would also like to thank Councilman-at-Large Utter and wish him the best of luck in whatever he undertakes. Mayor Liebl said he wished the new Mayor and Councilmember-at-Large luck in the future. hlayor Liebl said he would like to thank the one person who had always stood behind him and offered guidance and patience in his years of service to the City, and this is his wife, �etty. ne explained that his wife was at home during the current meeting. Mayor Liebl thanked Councilman Starwalt and Councilman Breider for all their help and said he believed the new Council would make a good team. tdayor Liebl thank everyone. STATEMENT BY COUNCILMAN UTTER: Councilman Utter said he would like to thank everyone in City Hall for their help and especially Marvin Brunsell, �tervin Herrman, Dick Sobiech, Pat Ranstrom, the recording secretary and the City Attorney, Virgil Herrick. Councilman Utter said he had asked Mr. Herrick many questions and received a great deal of aid from him. Councilman Utter said during his term as Councilman-at-�arge, he believed the Council had done justice to the City of Fridley in the appointment of Mr. Nasim Qureshi, City Manager. Fle mentioned the City Council had looked for a long time and had the best man right here on the City Staff all the time. Councilman Utter thanked his wife for the support he had received from her. He said his wife was always behind him in support. ADMINIS7RATION OF OATH OF OFFICE TO ELECTED OFFICIALS: WILLIAM J. NEE, MAYOR: The Finance Director, �ir. Marvin C. Srunsell, administered the Oath of Office to Mayor Nee. Mayor Nee signed the Oath of Office and received congratulations from the Council and audience. CARROLL A. KUKOWSKI, COUNCILWOMAN-AT-LARGE: The Finance Director administered the Oath of Office to Councilwoman-at-Large, Carroll Kukowski. Councilwoman Kukowski signed the oath of office. PRESENTATION OF PLAQUES TO MAYOR LIEBL AND COUNCILMAN-AT-LARGE UTTER: Mayor Nee addressed the Council and audience and stated it was the tradition to present the outgoing members of the Council with some memento of their services to the City. Mayor Nee said he made this presentation with a great deal of sincerity because he appreciated how a person feels with a total commitment to the comnunity which is necessary to be Mayor or Councilman-at-Large. Mayor Nee said he knows how it feels to have this kind of conviction and be rejected. f9ayor Nee said Mayor Liebl and Councilman Utter represented a great deal of people in the City of Fridley and he would like to spea k for them in the presentation af the plaque. ilayor Nee read the inscription on the plaque and presented it to Frank Liebl. Mayor Liebl thanked Mayor Nee for the plaque and gavel and wished him luck in the future. Mayor Nee read the plaque prepared for Councilman Utter aloud and presented it to Councilman Utter. Flayor Nee tharrked Mr. Utter for his s�rvices to the City. OPEN FORUM: UISITORS: i�iRS HELEN TREUENFELS, 5248 HORIZON DRIVE, P,EQUEST FOR GUIDELINES FOR ELECTION JUDGES: Mrs. Helen Treuenfels addressed the Council and said she would like to renew her request for a draft of the qualifications and guidelines for election judges. She recalled that at a previous meeting she had made this request and was advised that this would be handled by the new Council. , , � � , � � � LJ ' � � ' � , ' , , 226 . ' ' � ' � E� �i , ' ' REGULAR COUNCIL MEETING OF JANUARY 6, T975 PAGE 3 OLD BUSINESS: CONSIDERATION OF APPOINTMENTS TO CITIZEN BIKEWAY COMMITTEE, AREAS #1 AND #3, TABLED DECEMBER 9 1974 : P40TION by Councilman Breider to tabie the consideration of appointments to the Citizen Bikeway Committee. Seconded by Councilman Starwatt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETI7ION N0. 1-1975 - REQUESTING CHARTER AMENDMENT IN SECTION CONCERNING COUNCIL VACANCIES: The City Manager, �ir. Nasim Qureshi, explained that the petitioners felt there should be a special election for the filling of vacancies in the Council rather than by Council appointment. He informed the Council that according to the report prepared by the�City Clerk, the petition does contain 5Y of the registered voters in the City and it is a valid petition. The City Manager said the petition had been submitted to the Charter Commission and they in turn had submitted it to the City. Mr. Qureshi referred to the report from'the Chairman of the Charter Commission and said the officers of the Charter Commission had met with the circulating committee of the petition. The City Manager advised the Council that the current action should be to recei:a the petition. The City Manager pointed out the Council's alternatives for action at this time indicating one to be taking the petition under advisement and waiting for a recarrmtendation from the Charter Commission. He said if there would be some agreement and concurrance on a Charter Amendment between the circulating committee and the members of the Charter Commission, this amendment could be submitted to the Council and can be adopted by ordinance of the Council which would amend the City Charter. He said the other altermative is that if this concurrence is not reached between the members of the Commission and/or not adopted by the Council the matter would have to be put to a special election and have the citizens decide. The City Manager again stated that if the matter does not reach agreement, this ' , would have to be put on the ballot and if this is the case the administrafiion should start preparing to put this on the ballot. He mentioned if some agreement is made concurrent to this process, the process can be stopped at any time. � L__! Mayor Nee questioned if the City Attorney had prepared the time table submitted to the Counci7 that evening. The Gity Attorney said no. The City Manager stated the C]erk's Office would need five to six weeks to prepare for a special election. The City Attorney suggested he and the Finance Director get together and comple a time table for the necessary period of time and present this to the Council the following week. Councilman Breider said it appeared to him by the memo submitted by Mr. Sheridan that ' the Commission and the circulating committee are in the process of reaching some agreement on the amendment. 1�e S� if they can agree on some workable wordage and strike some compromise, why should the City spend the money and print the ballot I as it will not be needed. ' i ' 1 I i , ' ' _._—.—. F1r.t�nneth Sporre, 307 Ironton, member of the circulating committee, addressed the Council and said he had not seen the letter submitted by the Chairman of the Charter Commission, but he had met with the Officers of the Charter Commission. He said the full commission would be meeting and considering the amendment on the 14th of January. He mentioned there are some questions on the State Statutes and they would have to be consistant with the Statutes and he will contact the Attorney Genera7 on this matter. htayor Nee said he believed it would be in order to receive the communication concerning this item. h10TI0N by Counciman Starwalt to receive the petition No. 1-1975 concerning the request for a Charter Amendment in the section dealing with vacancies in the City' Council. Seconded by Councilman Breider. Upon a voice vote, all voting aye, i�ayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the communications from the Finance Director dated December 18th and 20th, 1974 regarding the petition for the Charter Amendment. Seconded by CounciTman Starwalt. Upon a voice vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. i ---;� 227 REGULAR COUNCIL MEE7ING OF JANUARY 6, 1975 PAGE 4 MOTION by Councilwoman Kukowski to receive the communication from Mr. Ray Sheridan, Chairman of the Charter Comnission, dated January 6, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 577 - RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY (LOTS 10-15, BLOCK 6, OAK GROVE ADD TION : The City Manager explained the land to be traded and for sale is no longer needed by the City for ponding purposes because there is a system working in the area. He said the trade will allow for an increase in the park in the area. i�1ayor Nee asked if there was anyone present who was interested in this item and wished to address the Council. He pointed out that this was the land north of Mississippi Street and north of Harris Lake Estates. There was no response. i�lOTION by Councilman Starwait to waive the reading of the ordinance and adopt Ordinance No. 577 on second reading, ordering pub7ication. Seconded by Councilman Breider. Upon a roll call vote, �•iayor Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Councilwoman Kukowski voting aye, �9ayor Nee declared the motion carried unanimously. RESOLUTION N0. 1-1975 - DESIGNATING AUTHORIZED SIGNATURES FOR THE CITY OF FRIDLEY BANK DEPOSIT: MOTION by Councilman Breider to adopt Resolution No. 1-1975, designating Fridley State Bank as the depository and authorizing the designated signatures to be that of Marvin C. Brunsell, Finance Director and Nasim Qureshi, City Manager. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 2-1975 - DESIGNATING TIME AND NUMBER OF REGULAR COUNCIL MEETINGS: Mayor Nee said he had a proposal for the Council's consideration. Ne suggested that the fourth Monday, �ihen available, be used for a conference meeting which would be an informal meeting held in the Community Room of City Hall. fie suggested this be in conference form between the Council, public and various Department Heads. Fle felt that this would enable the citizens to have some dialogue with the City Staff. Mayor Nee said at this proposed meeting, there would be no definitive action taken by the Council. Mayor Nee said his idea would be that there would not be a formal agenda prepared such as is done for the regular formal meetings. �tayor Nee said he felt there are some topics that need to be discussed with the community and this would be in a different dialogue than what is provided in the formal meeting structure. Mayor Nee said the procedure could be established and if it seems to be fruitless, it could be dropped at any time. Councilman Breider said he assumed this would be published as a fourth meeting and a conference session. He said the people could just come in with their topics and if action is needed on the matters, it would be possible to place the item on the next formal Council agenda. Mayor Nee said in this manner, it would be possible to meet with the Boards and Commissions. He felt a need for having some dialogue with the members of the various Subcommittees. MOTION by Councilman Starwalt to designate the Regular Council meetings for the first and third Monday evenings of the month, the Public Hearing meeting for the third Monday and that on the fourth Monday when practical, there will be an informal conference meeting scheduled in thE� Community Room with no definitive action being taken at this conference meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. P�1R. ED.WILMES: QUESTION OF AUTHOR.[ZATION FOR LET7ER OF SOLICITATION FOR FUNDING AND Mr. Ed Wilmes addressed the Counci'I and questioned if they had authorized the sending of letters by the Administration a�sking for funding and information on the interest in the development of North Park. 'I � , � � ' u ' �� , � , , , , , , ' � � 228 � � � � ' ' � � � 1 ' , � ' 1 ' � ' � ' � ' � I� � REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 5 Councilman Breider said he had talked to Mr. Wilmes the preceeding Saturday and Mr. Wilmes had questioned if Mr. Dan Huff had sent out letters to the various businesses concerning their involvement in the development of North Park. He said he thought Mr. Wilmes was questioning whether or not the City had solicited for funds for this development. Councilman Breider said, the letters were not solicitations for funds, �hey were requests for information concerning the various businesses becoming involved as an information gathering procedure. t•1r. Wilmes questioned if this had been done for North Park, could it also be done for the Islands of Peace. Councilman Breider said the letters had been prepared as a result of a policy decision on the part of the Council. Councilman Breider suggested if any further mailings are prepared of this type that the Islands of Peace be included in the fliers also. He said if the City were to ask for potential help and funding he felt the Islands of Peace should be included in the information and if anyone is interested, they could send this information back to the foundation. Councilman Breider said he had thought about this concern some time after talking to Mr. Wilmes on Saturday and he felt being there were two volunteer projects, and both could be mentioned in the same mailing with no additional postage, the City migh' as well send out information on both projects. Mayor Nee said since this was not a regular agenda item that it would be taken care of later in the meeting. (Note: Action was taken later in the meeting.) RESOLUTION N0. 3-1975 - DESIGNATING A LEGAL NEWSPAPER AND RECEIVING LETTER FROM FRIDLEY SUN: P40TION by Councilwoman Kukowski to adopt Resolution No. 3-1975, designating the Suburban Sun as the legal Newspaper of the City of Fridley and receiving the letter submitted by the Suburban Sun, clated December 15, 1974.Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RE UEST BY IdILLIAM D. BOATMAN TO DISCUSS LOCKE PARK WITH THE CITY COUNCIL CONCERN RELATING TO DAMAGE DONE BY SNOWMOBIIES : MOTION by Councilman Breider to receive the communication from Mr. William Boatman, dated December 26, 1975. Seconded by Counciman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider pointed out that Mr. Boatman's concern was that there is damage being done to Locke Park, both the physical facilities and the wild life by the use of snowmobiles in the park. Councilman Breider said he would like to have Mr. Dan Huff, Naturalist/Resource Coordinator, go out and look at the situation and report back to the Council the following week. The City Attorney suggested he review the 7atest laws concerning the use of Snow- mobiles on public streets. ile said if there is some change in the Taws concerning public property, he would advise the Council. MOTION by Councilman Breider to direct Mr. Dan Huff to prepare a report on the physicaT damage and damage to wildlife in Locke Park caused by snowmabiles and also to direct the City Attorney to update the Council on the latest laws on the subject and report on where snowmobiles are now permitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 18, 1974: htayor Nee pointed out that the items listed in the minutes of the Planning Commission needed no Council action at the present time. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of December 18, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, ilayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 6 -------� ?�� RECEIVING THE MINUTES OF TNE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE MEETING OF DECEMBER 19, 1975: CONSIDERATION OF A REQUEST FOR A SKYWAY AND STOREROOM ADDITION LOCATED AT The City Manager advised the Council that the Building Standards-Design Control Subcommittee had recommended approval of the request with certain stipulations. Councilman Breider questioned if the stipulations recommended were identical to those required in the original building permit. The Public 4dorks Director, i�1r. Richard Sobiech, explained that the first fourteen are the same and the fifteenth is an additional stipulation. He pointed out that this additional stipulation suggested that the skyway be constructed with a 13 foot clearance for traffic. He mentioned that the traffic from Osborne Road would enter the parking area under the skyway. h1ayor Nee asked if the construction would be owned by the group of doctors or the Hospital District. A representative of the Hospital addressed the Council and said this construction would be owned by the Hospital District, but in the future if this area would meet the building and zoning requirements, it could be sold to the doctors. The representative informed the Council that he had a model of the proposed construction along with the existing structure available at the present meeting. He;proceeded to point out all phases of the existing buildings and the proposed construction. Councilman Starwalt questioned if the 13 foot clearance would allow for the access and egress of the Fire Department ladder truck and Mr. Sobiech said yes. MOTION by Councilman Breider to approve the request contingent on the recommended 15 stipulations of the Building Standards-Design Control Subcommittee. Seconded by Councilwoman Kukowski. (Note: This motion was amended later in the discussion.) Mr. Richard Harris, 6200 Riverview Terrace, addressed the Council and questioned the statement that the Doctors could purchase the construction within the present zoning. The City Manager said the present construction would be allowed under the R-1 zoning. He mentioned there had been soine problems in the financing of the construction and the facility is being leased rather than sold outright. The representative of the Hospital explained that on a portion of the property, the construction could be sold to the doctors, but on another portion, the construction would have to remain the property of the hospital district. t+lr. Harris questioned the minimum height of the overhead walkway stating that for clearance for trucks in constructions such as bridges the minimum clearance is 13.6 feet to 14 feet. He thought this should really be a clearance of 14 feet. Councilman Breider said he felt Mr. Harris had brought up a good point in that there may be an error in judgement at some time and it would be possible for a truck to take the incorrect route and become stuck under the skyway. MOTION by Councilman Breider to amend the motion by changing the 15th stipulation deleting the requirement for 13 feet of clearance and inserting the word "adequate" clearance. Seconded by Councilwoman Kukowski. Councilman Breider said he would not want to tell the applicant how to design the construction, but he would not want a truck stuck under the skyway sometime in the future. � � ' C�� r � �I ' , � ' � , JPON A VOICE VOTE ON THE AMENDMENT, all voting aye, Mayor Nee declared the' motion carried unanimously and the motion amended. � ( UPON A VOICE VOTE ON THE ORIGIfVAL MOTION AS AMENDED, all voting aye, Mayor Nee declared the motion carried unanimously. , ' , �---------_ -- - ---- ------- -- ----- --- — � L�' ' ' � r � � , �� , � ,� , � , ' ' Ij � REGl1LAR COt1NCIL MEETING OF JANUARY 6, 1975 PAGE 7 RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF DECEMBER 23, 1974: f�10TI0N by Councilman Starwalt to receive the minutes of the Parks and Recreation Commission meeting of December 23, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF NOVEMBER 19, 1974. Mayor Nee pointed out that the Comnission had sabmitted material which basically stated they thou9ht they should have a member of the Environmental Quality Commission seated as a voting member of the Planning Commission. Mayor Nee asked if the recommendation was in the proper form for the Council to take action on the matter at the present meeting. The City Manager said the Commission had not taken action in form of a formal motion of recommendation to the Council on this matter, but the Council did have the authority to establish policy matters. Mayor Nee suggested this be a matter that could be discussed at the fourth Monday meeting. MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission Meeting of November 19, 1974. Seconded by Councilman Starwalt. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously. RECEIVTNG THE MTNUTES OF THE CABLE TELEVISION GOMMISSION MEETING OF DECEMBER 73, 1974: Mayor Nee questioned if the material was the overview of the time and production rates. Ne asked if there was to be Counci7 action at this time on the suggested rates. Mr. Tom Myhra, Cable Television Commission Member, addressed the Council and said he was standing in as representative of the Commission in the absence of Father Ed. Hel,�ointed oui to the Council that there was an error in the minutes of the Cable Commission in which they approve the rate schedule rather than recommend the approval of the schedule to the Counci7. Mayor Nee called on Mr. Schuster, General Televzsian, to present an explanation of the proposed rates. Mr. Schuster explained the various methods in which the studio and equipment would be available to ihe public access taping, He felt the rates would encourage the use of the facilities for public access and stated the proposed rates to be very inexpensive. He also stated that studio A is a color studio and studio B a black and white studio. Mr. Schuster explained within the requirements of the franchise, General Television was committed to allowing anyone to use the facility for a five minute time spot if this is requested. He further explained that this would be free access to the black and white studio. Ne pointed out that they would have to follow the regulations of the F. C. C. within this framework and not allow any detrimental presentation. Mr. Schuster pointed out that the use of the black and white studio had been extended for the time period of 30 minutes raiher than the five required. For groups the studio would be available for $3D per hour. Mayor Nee said the information presented does not include the fact that the free a�ss time would be allowed up to 30 minutes rather than the 5 minutes required. Mr. Schuster said they were in the process of preparing a booklet which wou7d fndicate the usage available. He also explained that it was their thought that if the requests for this free time would increase to the point where they.were no longer able to provide the total 30 minutes, this would be decreased as necessary without a firm conviction on the 30 minute allowance. Mr. Schuster continued to explain that he doubted if this situation would come to existance, but it would allow the Company to back down from the additional time if they could not handle the requests. Mayor Nee questioned if studio 6 could be used for 30 minutes free for pub]ic access and Mr. Schuster said yes, and after this time, the fee for the use of the studio would be $30 per hour. P�layor Nee asked if someone wanted to use studio B, would this include the camera crew and the recording tape. Mr. Schuster. said this would include the cameramen, technican and tape. Mr. Schuster said the tapes that would be used in this process would not be saved, but if someone wanted to buy the tape, it could be saved for closed circuit viewing at a later date. REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 8 231 Mayor Nee asked which Channel this public access use would be presented on. i�ir. Schuster said this would be Channel 25. hir. Schuster pointed out that after this rate schedule is established, General Television would provide the public with workshops on the use of the facilities without charge. Mayor Nee asked if the air time is desired on Channel 3, would this result in a rate : schedule of $100 per hour. Mr. Schuster said yes. �le said Channel 3 is the local station and presently the air time b being presented as a public service, but eventually, they hoped that this would be supported by advertising. Mayor Nee commented that according to his experience, this was a low rate. Councilman Breider questioned the amount of subscribers at the present time and Mr. Schuster said approximately 175. Mr. Schuster continued to comment that he hoped the number of subscribers would pick up rapidly and explained that it had been difficult to obtain subscribers during the holidays. He said there had also been some problems with the representatives of the HocKey Association having enough time available for contacts during the holidays with their many other obligations. MOTION by Councilman Breider to approve the rate structure proposed by General Television as indicated on page 11-C of the current agenda. Seconded by Councilman Starwalt. Upon a roll call vote, Gouncilwoman Kuk�:ski voting aye, Councilman Starwalt voting aye, Councilman Breider voting aye, and Mayor Nee voting aye, iiayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR THE CITY TO AUTHORIZE AN EMPLOYEE TO ACT AS A VOLUNTEER REGISTRAR FOR THE SELECTIVE SERVICE SYSTEM: The Finance Director, Marvin Brunsell, explained that the registrations for those becoming 18 years of age had previously been taken by the schools. He advised the Council that this practice had been discontinued and in other areas where the school had discontinued this registration, the City had provided a registrar: MOTION by Councilman Starwalt to table the consideration of authorizing an employee to act as a volunteer registrar for the selective service system until the Council meeting of the 20th of January. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, t�layor Nee declared the motion carried unai�imously. IDERATION OF A REOUEST FOR AP A HIGHWAY DEPARTMENT Of The Public Works Director referred the Council's attention to page 13-C of the agenda booklet and said this showed the proposed plan for the implementation of safety aspects. Ne said there would be no need for the acquisition of additional right of way and there would be no rerouting of traffic for the construction period. He explained with the use of federal funds in the project, it is necessary for the City to adopt the statement that there would be no adverse effect on the recreational facilities in the area. He recommended the action of the Council sho�ld be concurrent with the statement to this effect on page 13-B of the agenda. Mr. Sobiech said the Administration had reviewed the plans with the Highway Department and has determined there would be no adverse effects on the beach due to the construction. Fle pointed out the area on the map on the screen and said there would be no detours of the traffic. Ne said basically, this would be a safety channelization project. Councilman Starwalt asked if this would be the same plan.as had been reviewed and discussed for the past ten months and Mr. Sobiech said yes. He said this was the same plan that the Council had approved the preliminary plans for. Councilman Starwalt asked if the actual construction would take place the following construction season and Mr. Sobiech said yes. (4rs. Shirley Caldwell, 5874 Hackmann Avenue, addressed the Council and asked if the needs of the community for bikeways would be considered and included in the improvement. i4r. Sobiech said yes, Mr. Jerry Boardman, Planning Assistant, had been working with the Highway Department in this respect and the bikeways would be included in the improvement at this time. Councilman Starwlat asked if the plan being presented was the final plan. i�ir. Sobiech said no, this was the preliminary plan. He believed the incorporation of the ' ' ' � � � ' ' � � �� , � ' � 232 � ' ' � ' ' ' � ' ' �J ' REGULAR COUNCIL MEETIN� OF �ANUARY 6, 1975 PAGE 9 bikeway would be located on the park property. He said the necessary depressions in the curb and signs wouid be incorporated in the improvement. Mrs. Lee Ann Sporre, 301 Ironton, questioned if there would be signals included which would enable the safe crossing for pedestrians and bikers on the highway. She further pointed out that presently, this is a very dangerous intersection for such crossing. The Public Works Director said the Engineering staff is working on this aspect of the plans and said that installation of a crossing light which would be directed by a button that the pedestrian or biker would push to cross while all other traffic stops would be cor�sidered. t�10TI0N by Councilwoman Kukowski to concur with the statement on.page 13-B of the agenda indicating there will be no adverse effects to the Moore Lake Beach for the construction of the improvements at the intersection of Hackmann Avenue and Central Avenue. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. CONSIDERATION OF APPROVAL Of JOINT USE RENTAL AGREEMENT FOR 1975 WITN METROPOLITAN SEWER BOARD: The Public Works Director pointed out that the agreement proposed is a matter of an annual agreement with the Metro Sewer Board. He explained that at the time when the Sewer 8oard acquired the faci79ties, this interceptor was not acquired and the Public Works Department had been maintaining this interceptor under the proposed type of agreement. i�ir. Sobiech said he had discussed the matter with the public works people and they feel the rental is an adequate amount to cover the maintenance. The Public Works Director said he recommended approval of the agreement for an additional year. h107I0N by Councilman Breider to approve the joint use rental agreement with the metropolitan Sewer Board for 1975. Seeonded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 4-1975 - REQUESTING TECHNICAL AND ENGINEERING ASSISTANCE: AiVD APPROVAL OF AGREEMENT FOR TECHNICAL ASSISTANCE WITH MINNESOTA STATE HIGHWAY DEPARTMENT: The Public Works birector pointed out ihat this is another annual agreement of the City and it enables the City to go to the Highway Department for assistance. He recorranended the Counci] approve the agreement and adopt the resolution. MOTION by Councilman Starwalt to approve the agreement and adopt Resolution No. 4-1975 � requesting technical and engineering assistance for 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Alayor Nee declared the motion carried unanimously. r ' ' � � � RESOLUTION N0. 5-1975 - idAMING STREETS IN GREAT NORTHERN INDUSTRIAL CENTER PLAT: The Public Works Director pointed out that the proposed street names for the streets in Great Northern Industrial Center Plat to the Council. He explained that at the time of consideration, the streets had been described as outlots. MOTION by Councilman Starwalt to adopt Resolution No. 5-1975 naming streets in the Great Northern Industrial Center P]at. Seconded by Councilwoman Kukowski. Upon a ', voice vote, all voting aye, �dayor Nee declared the motion carried unanimously. CLAIMS: GENERAL 38235 - 38431 I LIQUOR 9453 - 9491 I Mayor Nee indicated that as of appraximately the first meeting in March, he would no longer accept a motion to waive the reading of an ordinance or approve payment of claims unless they have been posted in some place in City Hall prior to the meeting. Mayor Nee pointed out that the Council wouid not know what the claims mean unless they had them before them and the same goes for the public. Fle said unless a citizen , calls a Councilman and requests this information, it is not available to them. i � . _ __ _. .__ . _�_ � ; • ��' ' REGULAR COUNCTL �4EETING OF JANUARY 6, 1975 PAGE 10 MOTION by Councilman Breider to pay the Claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: PLUMBING: BY APPROVED BY Atkins Plumbing & Heating Howard Atkins 4i. Sandin 2531 Marshall Street N. E. Minneapolis, Minn. 55418 GENERAL CONTRACTOR; � D. J. Kranz Company Inc. Lawrence Elsen C. Belisle 2033 West Broadway Minneapolis, Minn. 55411 HEATING: Atkins Plumbing & Heating Noward Atkins W. Sandin 2531 Marshall Street N. E. "r•linneapolis, Minn. 55418 MASONRY: �dichols Construction, Inc. D. H. Nichols C. Belisle Route l, Box 199A Farmington, Minn. 55024 SIGN ERECTOR: Gold Medal Beverage Co. Arthur Margot C. Belisle 553 North Fairview St. Paul, Minn. 55104 Lawrence Siqns Inc. Mike Gifford C. Belisle 945 Pierce Butler Route St. Paul, Minn. 55104 Leroy Signs Inc. Thomas Duffy C. Belisle 6325 Welcome Avenue North Minneapolis, Minn. 55429 Midway Sign Company, Inc. Arthur Kruse C. Belisle 444 North Prior Avenue North St. Paul, Minn. 55104 Naegle Advertising Co. N. Bartolome C. Belisle 1702 West 78th Street Minneapolis, �•1inn. 55423 MOTION by Councilman Starwalt to approve the licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Comstock & Davis,�nc. 1446 County Road "J" hiinneapolis, Minnesota 55432 ' PARTIAI Estimate No. 1 for furnishinq of Professional Engineering Services for planning Sanitary Sewer, Water and Storm Sewer Improvement Project No. 116 $ 5,171.79 MOTION by Councilman Breider to pay the estimate as submitted by Comstock and Davis. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � - ----- 234 , i ' r ' ' REGULAR COUNCIL MEETING OF JANUARY 6, 1975 COMMUNICATIONS: ____ _ _ ._ --- -- _. _ . _ _ _ __ _ -- --- ___, PAGE 11 REAL PROPERTY SERVICES: USAGE OF INDUSTRIAL $UILDING AT 7900 MAIN STREET N. E.: The Public Works Director explained the building to be Tocated in the area North of 79th and West of Main Street. He said the representative of the Company, Mr. Peterson, was present at the meeting if the Council had any questions concerning the proposal. h1r. Sobiech pointed out that the zoning in the area is industrial and the building is a warehouse. Ne said the sales from the warehouse would be conducted on a Saturday and Sunday and he felt that the proposed use of the building and operation would be favorable to this type of zoning. Counci7man.Breider questioned the amount of square footage in the building. Ptr. Sobiech said the bulding contained 97,000 square feet. Councilman Breider asked the � amount of parking required for usage of a building of this type. The Public Works director determined on a commercial rate this would be a requirement of 1,164 parking stalls. ' hir. Peterson, Real Property Services, addressed the Council and said he represented the people who proposed the operation in the warehouse. He explained this proposal to be a ware house sales outlet of a unique nature and explained there would be as many as 100 businesses with sales of surplus or bargain type items on the weekends. � ' , � ' � r ' � , ' I i ' � ' Councilman Starwalt stated this is not an auction type operation. '1r. Peterson said no, it would be a discount or bargain type of set up. Councilman Starwalt asked if this wouid be for industrial use. :�ir. Peterson explained that this would be public ori.entated with a multitude of manufacturers and businesses selling materials and at bargain prices. �•ir. Richard Harris asked if the present zoning in the area was M-2 Works Director said yes. P1ayor Nee said the Council had received City Attorney indicating that the proposed usage would be allowed. and the Public an opinion from the The City Attorney explained that in an industrial area a warehouse is a permitted usage and there is a provision in the industrial zoning allowing incidential sales by industrial occupants which is now being permitted. Fle said either provision is allowed if they do not adversly affect the surrounding property and may be permitted. He referred to the operation of Wickes and Plywood Minnesota which is in industrial zoning with the same type of situation existant there. Fie said they are basically warehouses with sales out of the faciiity. Mayor Nee questioned how many acres of paving would be required for parking. The Public Works Director pointed out that the estimated requirement would be approximately seven acres, but the stipulation would require the applicants to acquire 20 additional acres for use if the need arises. Mr. Peterson addressed the Council and explained being this is a unique operation, they had not determined the amount of parking that would be needed at one time. I�e said with the stipulaiion for ihe acquisition of additional land, they would be able to provide up to 20 acres if it is needed. � Mr. Richard Harris questioned and availabi7ity of the area because of the traffic situation. Mrs. Lee Ann Sporre, 301 Ironton, if the proposed development would necessitate the extension of Main Street and the incorporation of additional signalization. Mr. Sobiech said no. He further stated that the streets in the area had been designed for additional traffic to meet the proposed usage specifications. The City Manager said he believed the points raised by Mr. Harris to be good points. The Czty Manager advised the Council that the Public Works Director had listed approximately 10 items that could be stipulation in conjunction with the proposal. Ne said the matters discussed at the present meeting had been reviewed and questioned by the Engineering staff also. He said he felt with the large scale parcel development such as was proposed, the adverse effects would be at a minimum in comparison io the current type of development with small several acre parcels. Ile explained his belief that the proposal has many favorable aspects with the �ility to plan the drainage of a large deve�opment and the reduction of traffic to weekends only. He felt the investigation of the question on the point of run off is well taken, but this had been questioned by the Administration also. Mr. Qureshi felt that the proposal 235 REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 12 would provide a development in which the adverse effects of development of the area couldbe reduced in comparison to other types of operations. r�ayor Nee questioned if there was a question confronting the Council at the present time on the proposal. He asked the City Manager if he had brought the matter to the Council as a matter of advising them. The City Manager said this was correct. He explained that the applicant had submitted a letter to the City in the hope of gaining some indication on the proposal from the City before he went to the expense of preparing final plans. He explained that the final plans would have to be submitted to the various committees and come back to the Council. The City Manager said he believed the proposal is one that would work for the area. Mayor Nee asked Mr. Peterson if he would be willing to work out the questions of drainage and traffic with the City. Mr. Peterson said yes, he would be wi7ling to do this. He indicated this would be just as important for the business to solve, they would not want to live with a drainage problem. P�1r. Peterson indicated that in his discussions with the City Staff, al] of the restriction had been agreed to because they were mutually beneficial to the City and Company. Mr. Peterson listed several of the suggested stipulations and indicated he believed they were imperative for the business to follow to have a good operation. The City Manager said one requirement would be that if any additional right of way or improvements are needed for t1� area, he would like the applicants to agree to pay the costs. He said the parking plan and landscape plans would have to be submitted to the Subcommittees and Council for final approval. hiayor Nee questioned if there would be a need for the issuance of a special use permit. The City Manager said there are no provisions for a special use permit in this type of zoning. He said the action of the Counci] would be to issue the permit with certain conditions. The City Attorney advised the Council that there would be no provisions for the special use permit because this would be a permitted use. He suggested the requirement of a certificate of occupancy in this case stating he believed this to be a necessity. He said this would require the applicant to comply with the requirements before he is permitted to operate. The City Attorney continued ta explain that the various Boards and Committees could attach their suggested recommendations for parking and drainage, etc. and the Counci] could provide a formal agreement with the Company for compliance. He said this would prohibit the sale of any property, the sales of material on any other day besides the weekends and holidays without the approval of the Council. He said if the provisions of the agreement or certificate of occupancy are violated, the cerfiticate of occupancy can be revoked. Councilman Breider asked if there was a question before the Council at the present time that would take Council action. The City Manager recommended that at the present time the Council receive the communication. He said this application had been submitted by a large operation and he was concerned that they would understand their investment commitment and be aware of the requirements the City would want stipulated. Councilman Breider said the City had been working very hard in the area proposed for development. He said he would not want 20 acres of asphalt in any one area. Mayor Nee said the stipulation was to require the applicant to acquire the additional land in the case that it is needed at some future date. Councilman Breider questioned if this would be a dangerous precedent and he did not feel he would like to set such a precedent in this area. . The Public Works Director said the stipulation was not requiring the applicants to use this amount of land for parking, they were to acquire it in the case that at sometime in the future they would like to expand operations, it would be available. i�r. Sobiech pointed out that there is almost adequate parking surrounding the building at the present time. The Public Works Director said it was not known if the property to the east would ever be used for parking. i I — ---1 � `;` 236 � I � ' � � � �� ' � I�� ' � , � � L� - ----- __----, REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 13 � The City Manager pointed out that this would be the same requirements as Wickes, Plywood Minnesota and Holiday had complied with. The City Manager said he saw sane positive sides of this proposal, as he had indicated earlier. He said with the acquisition of the additional property, there would be some property to control the ' runoff. He suggested the creation of ponding areas mixed with the parking lot in the landscape plans. He also suggested that the additional acquisition could either be used for construction of parking facilities or additional building construction. � Ne said in this case the City would have the opportunity to control the adverse effects of runoff, and this factor could be incorporated at the time of planning. He mentioned this type of large development would allow for more control of the adverse effects than that of the development of smaller parcels with small buildings which are surrounded by a strip of parking stalls and a strip of landscaped area. ' Mr. Peterson said he felt the points of Councilman Breider were well taken. He ' mentioned the hope that the industrual area would indicate the requirement for the parking space, but in this case he was not at liberty to say. F(e again explained that this operation would be the only one of its kind in the Twin City Area. He also , said he was not wild about buying more land, but if it is necessary to the operation in the future, it would be better than forcing on street parking. He said it may be possible to get by with the existing parking pl��s the on street parking in the area, buth they would not want this and neither would the City. He said the additional acquisition would provide for additional parking if this is needed. Mr, Richard Harris again raised the point concerning the traffic in the area of Main Street and Osborne Road. He said he thought this matter should be reviewed by the Enrironmental Quality Commission and other Subcommittees. The City Manager said he felt this proposal had two positive aspects. He said the first was that the traffic into the area would be at an off peak period or on the weekends. Secondly, iie said, the development of a large parcel of land would allow some way of controlling the drainage of the area. He said there would not be 20 acres of parking lot, the area would be appealing with ponding areas and landscaping. He thought this could be planned so the area would be pleasing. Councilman Breider asked if there was some time table established for the project. Mr. Peterson indicated that they would like to go ahead with the plans at the present time. He mentioned the advertising budget which has been established in the arrtount of $lOQ,000. He said they would like to be operational in 30 to 60 days. Councilman Breider questioned when the next Planning Commission meeting would be held. It was indicated that the next meeting would be January 22, 1975. The City Attorney said it would be possible to grant conceptual approval at this time contingent upon the conditions stipulated. He said it would be possible for the Administration, Boards and Commissions to work toward satisfaction of the parking and drainage plans. He said the item could be sent to the Boards and come back to the Council with a final plan for approval. He mentioned the Engineering staff would have to do some work on the plans also. He said the plahs could include the need for immediate parking and also plans for expansion of the parking area if this proves to be necessary. He said if some decision is made on the conditions of development, this could be registered in a covenance with Anoka County, and these conditions could apply to the certificate of occupancy. He said the plans and satisfaction of conditions would have to be agreed to before any certificate of occupancy would be issued. Mayor Nee agreed with the points of the City Manager stating the larger the parcel, the more possible it would be to obtain an adequate drainage plan. He said this would be better than the development in fragments as is now being done in this area. . Mrs. Lee Ann Sporre said she believed this to be a problem area and thought there may be some problems in the drainage of the Stonybrook area. Mrs. Jan Seeger, 324 Ironton, thought the point concerning the development of a larger parcel was valid. She did question the matter of the additional traffic, The City Manager pointed out that the property is zoned for a certain use. He again ! explained that if the property is not developed in the proposed manner, it would be developed in small parcels with surrounding parking areas, etc. He again mentioned that if there was development of industry in the area, there would be additional traffic at all times, not just on the weekends. He said he thought the i City could work with this type of large development. � _.. . _. _._._.. __ .. . __ . ��( REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 14 MOTION by Councilman Breider to instruct the Administration to pursue the plans for the development as requested by Real Property Services, working out the drainage problems and keeping in mind that there wi71 not be 20 acres of aspha7t for the parking lot, and that the applicant work up a plan and present the plan to the Planning Commission on the 22nd of January and at the same time that the adjacent property owners would be notified and the property owners in the area of Stonybrook be notified so they can be present at the consideration of the project. Seconded by Councilman Starwalt. Mr. Dick Brama, owner of the building in question, addressed the Counci7 and said they are at the point in construction of the building where they would have to know how to finish the inside of the building. He said he felt in this case there was a hardship in that if this operation was not going to use the building, it would be finished in the speculative office warehouse style which would be different,than was the proposal at the present time. I-ir. Brama requested that the item appear at the Planning Commission the following evening because of this hardship. Mayor Nee questioned if an affirmative vote on the motion on the floor would be a general type of concurrence or conceptual approval. The City Attorney said if the property is developed in this line, plans would have to be presented. He said some indication of the Council's decision would be an aid to the applicant in which way to proceed. He suggested the applicant work with the Administration for formulation of the plans and modifications if this is necessary. He said this could be controlled with conceptual approval. Councilman Breider stressed that Mr. Peterson would have to come up with parking plans and drainage plans, etc. before there is any agreement on the part of the Council. He stated, the Council could just not agree to the development without some plans. . UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Olson, Real Property Services, addressed the Counci1 and questioned the time element they were facing. The City Attorney suggested that the developers and the owners of the building meet with the administrative staff the following morning. COMMUNITY SCHOOL INTERACTION: TOM MYHRA: Mayor Nee called on Mr. Tom Myhra to present a review of the Community School program to the Council. i�1r. Myhra explained that a committee had been formed and that there were three members of the City staff on this committee. He said he thought it would also be appropriate to have some representative from the City Council on this committee. He expressed the desire to involve the local school district and local government. He mentioned that everyone from preschool to the senior citizens could become involved in the Community School program. The City Manager pointed out that this program had been brought to the Council's attention several months ago. He mentioned that Mr. Peter Herlofsky, Administrative Assistant, Mr. Dan Huff, Naturalist/Resource Coordinator, and Mr. Paul Brown, Director of Parks and Recreation are presently members of thE Committee. He said he had originally talked to Mr. Hansen concerning the program and now Mr. Tom Myhra had been appointed as Director. Mayor Nee suggested that the matter be brought back for Council consideration of the appointment of a Council member to the Committee. He said the staff people would remain on the Committee, WEAVER, TALLE & HERRICK: ABOLISHMENT OF OFFICE OF CHIEF OF POLICE: MOTION by Councilman Starwalt to receive the communication from Weaver, Talle, & Herrick concerning the abol�shment of the office of Chief of Police dated January 6, 1975 and direct the Administration to transmit the communication to the Police Corr�nission. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LEAGUE OF MINNESOTA MUNICIPALITIES: EDUCATIONAL SESSIONS FOR MAY�RS AND COUNCILMEN: Mayor Nee informed the Council that the League was offering a school for Mayors and Councilmembers and asked if any of the other members of the Council wished to attend this session. • �� jl L , � , , ' � � � � ' � � CI � . •� 238 � , � � � I � � i � REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 15 Mayor Nee said as a point of information for the public, the cost of attendance is $35. CONSIDERATION OF SETTING A PUBLIC HEARING FOR THOSE WISHING TO BE CANDIDATES FOR COUNCIL WARD III: Councilwoman Kukowski questioned if it would be possible to hold some kind of public hearing for input of the people and the public for the appointment of a Councilmember in Ward III. � Councilman Breider said he had only been involved in the appointment process once and at this time, the public had not been involved in the appointment. Councilman Breider said he believed it would be a good chance to have s.ome back and forth dialogue on the sub�ect. He said he would go along with the public hearing situation. ' � '.�J ' � � ' � � � � ' ' ' � �------ Councilman Starwalt said he felt this would be a good idea and asked how soon this public hearing would be scheduled. Mayor Nee said it would be necessary to prepare and adopt a Resolution declaring a vacancy the foilowing week. Councilman Breider suggested that this hearing take place at the fourth Monday conference meeting. He said the people who are interested in the office could be heard. He mentioned that some notice of the hearing could be published a couple of weeks in the paper. MOTION by Councilwoman Kukowski to set a public hearing at the conference meeting ofJanuary 27th, 1975, for the purpose of interviewing those peo��le who are interested inthe office of the Third Ward Councilmember. Seconded by Councilman Breider. The City Manager asked if the Council intended that those wishing to address the Council make their names known to the City. Councilman Starwalt indicated he believed the people interested could state their intentions. The City Manager said he would encourage those interested to call the City Manager's office so the Council would be prepared. Councilwoman kukowski agreed with this point, but added she would not want the candidates limited to those who had contacted the office in advance. The City Manager said the public should know who the candidates are before the hearing. Councilwoman Kukowski said she would like this meeting in the Community Room, not the Council Chambers. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. �tayor Nee directed the Administration to prepare a resolution declaring a vacancy for consideration of the Council at their next meeting. ERATI-0N OF A REQUEST BY MR. ED WILMES FQR INCLUSION OF ISLANDS OF PEACE IN The City Manager explained the City is in the process of contacting industries at the present time. tle questioned the inclusion of requests for the Islands of Peace indicating if they worked on two fronts at the same time, this would be damaging. The City Manager suggested taking a second cycle in this type of effort and working on the Islands of Peace. He indicated the possibility of the Legislature coming up with some funding for the Islands of Peace. MOTION by Councilman Breider to direct the City Administration to include the Islands of Peace in future notices of solicitation. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider said he felt that if notices are sent out about North Park, or one project, he felt the Administration could indicate there is another project and the rec�aients could determine which project they.would have interest in. The City Manager pointed out that the City had been successful in obtaining funds for the Islands of Peace. ADJOURNMENT: MOTION BY Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � REGULAR COUNCIL MEETING OF JANUARY 6, 1975 PAGE 16 unanirrausly and the Regular Meeting of the Fridley City Counci7 of January 6, 1975 adjourned at 11:00 P.M. Respectfully submitted, 0� ;�,��.�„� Pat Ranstrom Secretary to the City Council Date Approved 3 William J. f�ee Mayor 239 ! � , , � i ----- __ _------- ---�J ' FRIDLEY CITy COUNCIL MEETING . � ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:' _�� .� / CJ � S NAME ADDRESS ITEM NUMBER ___________________;______=_____—___________________________________________-______—___�� .� yo/- � � � � � o�� —�� -�� `_ � � J / - rn ��G''r� S�f l� �f.r�yr ^C'� CZ �� G / _.. . - ��- � � �::.��.��v�i _ � ti��5 �� i9n . XV � A ��A.Id ,�Dit�l �� i�C , a , t ., �'�( � ,..,� G / / . � �---" � � ,� � , � �.� ,� � G�. � � s� � �� -�?,�2�.1, 0 ; Gc , ;i �l, '_,�? , � � �,�s � > O ,� <<. i� /� Ii r'� ��fm t, � ll Jy% r,� �; l' ° " � � �� f��" l�'✓�.�� - %---21�1( /��il��'� �U�� — � j,,�l� T ��'f�'/ � �l- c.__. . � ,�� 6 � ✓ � ,, `/�/ / �,�� 5v� _ _s� �� j l ,� �, DLEY CIT UNC L EET NG FRI Y CO I M Z '� 'PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN� DATE: VAME RDDRESS ITEM NUMBER =------------------- -------------------- �____------------------- ------� -- -- ---- ----------------------------�J---�—�,�—�--��_____----------- --� � --- .�� L ,/ � f, � l' ( f.� r f � � � . � �` " �, � <� � � �c -(; ��. � 1 .� i� L ` ti ;��--__ /� 19�� 7 � � ��, �- � l/ Q 3 r � ,� C�C '� ��t� <5 .�/� , / • � ,�, � � , � ; �, .: . ; , � � �dt�,��:,« ,�� _ �' � � �� e� I �"-�� `---- .�" 0 �� i� � � : ._ �� . � - , .. � � . ._ THE MINUTES OF THE REGULAR MFE7ING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 16, 1974 � ' . ' . , �" , � ' , ' � : , . '` • ' _ _ ' ' ' . _ ' ' � I I ' � _ �. : , � - - _--_ __ , ---, . _ - --------- ---- -------- _ _— — -_-- _ _ ' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNGIL OF DECEMBER 16, 1974 � � � � i ' \� � i ' � i � II i i ' 1 ' , i � i � ' � � ' I ' I� � � � � � '�-1 211� , The Regular. Meeting of the Fridley City Council of December 16, 1974 was called to order at 7:36 P.M. by Mayor Liebl. 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: Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider. h1EMBERS ABSENT: 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, f4ayor Liebl declared the motion carried unanimously. PUBLIC HEARING MEETING OF DECEMBER 9, 1974: MOTION by Councilman Utter to adopt the Minutes of the Public Hearing Meeting of the Fridley City Council 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: NqTION by Councilman Breider to adopt the agenda as presented. Seconded by Councilman Starwalt. llpon a voice vote, all voting aye, Mayor Liebl declared 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. Playor Liebl accepted the Certificate and expressed his thanks to the teague. OLO BUSINESS: CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS-DESIGN CONTROL COMMITTEE TABLED 2 74 : hfOTION by Councilman Nee to appoint Mrs. Jan Seeger, 324 Ironton Street, 784-7441, to fill the unexpired term created by the resignation of Mrs. Helen 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. ;, I I � __-J � 0 t � ' � � . ' \ � i � I I I � � � � - � , �`, ' r ' �` 212 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 2 AND IDERATION OF APPROVAL OF A RE UEST FOR HOUSE RELOCATION ON LOTS 31 AND N� RR(]OK PARK ADDITION: The Public Works Director said all of the property owners on the lots 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 screer 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. Councilman 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 stipulations from the Bui7ding 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. ��1r. Muhich said no. - MOTION by Councilman 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 NO 576 FOR VACATION REQUEST SAV #74-04, BY JERRY GUIMONT, OF A PORTION ,.� ..�.. .r., ��r,�rnir rrnironi � v I MATGII �T fiF51 9�1❑ STREET. !i The Public Works Director said there had been no objections to this request and he had obtained letters from the uti7ity 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 #74-04, by Jerry Guimont ! generally located at 6551 2nd Street N. E. on second reading. Seconded by Councilman � Starwalt. Upon a roll call vote, Councilman Starwalt voting aye, i�layor Liebl voting aye, iCouncilman Utter voting aye, Councilman Nee voting aye, and Councilman Breider voting i aye, t�iayor Liebl declared the motion carried unanimously and ordered publication of the Ordinance. LOT SPLIT REQUEST L. S. #74-16, GORDON PETERSON, 4565 3RD N. E. (IAt�LtU IZ/L//4J: The Public Works Director pointed out the request on pages 4-C and 4-D of the agenda � book. He said the Planning Commission had recortrnended 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 wiih and the new survey appeared within the agenda book. i�ir. Sobiech I said he reco�nended approval of the request at the present time. i i MOTION by Councilman Nee to concur with the recommendations of the Planning Cornnission ! 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, i Mayor Liebl declared the motion carried unanimously. Q 0 � l . ! I I� i � I � I � i i � ' I i REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 ��EW BUSINESS: AN ORDINANCE RELATIN6 TO PAGE 3 OF REAL ESTATE OWNED BY THE ?1� �TS 0 AND 11 BLOCK 6, OAK GROVE AUUiIluN): The Public Works Director explained that Lots 10, 11, 12, 13, 74, 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. The 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. 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 ':he project the money had come from. The Public Works Director said he believed thi. was project No. 107. �1r• 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 people would receive a check for this credit. 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. ION OF SEVEN RESIDENTIAL BUILDIN6 PERMITS IN BRIARDALE AREA, SOUTH OF MOTION by Counci7man Starwalt to receive the communication from Mr. Richard Miller, ' dated December 11, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, f�layor Liebl declared the motion carried unanimously. I�layor Liebl mentioned that Mr. Darrel Clark, Community Development Administrator, had written a letter to Mr. h1iller. 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 Public Works Director said his recommedation 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 ]apsed. 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. „e 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 tn;s ;s a,,.. 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. Fle said he specifically questioned if Mr. r�tiller would want to have the consideration tabled for consideration when it would be` possible for him to attend and he was told Mr. i�iiller 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 recomnendation 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 nul.l and void, but that the monies applied to the original permits be refunded or credited to the new permits I I . _____ _-_----_-� � ; � l � i � ! 214 � � � 1 � � � � � � � �-� , � 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 m�tion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 16, 1974: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P. 5. #74-08, HERWAL RICE CREI S NUE � e I The Public Works Director advised the Council that the Planning 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. , � � -- � h10TI0N 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 v�ting aye, i�1ayor Liebl declared the motion carried unanimously. Councilman Starwalt noted that the drainage in this area is critical. Mayor Liebl said this could be discussed at the Public Hearing. - REOUEST FOR A SPECIAL USE PERMIT, SP. #74-15, FRANK'S NURSERY: PER FRIDLEY CITY OF . t.. 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 special use permit should 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 material 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 � sti.pulations of the Special Use Permit to allow the installation 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 motion carried unanimously. EST FOR A SPECIAL USE PERMIT, SP. #74-16, BY CODE. SECTION 205.101. 3. N. TO PERMIT THE e The Public Works Director said the Planning Commission had recortrnended 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 Corrmission 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, i•1ayor Liebl declared the motion carried unanimously. �10TION 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 rHE MINUTES OF TWE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER 25, I Councilman Utter said before the Council receive the minutes there is an item he would ; .... .. . . .. i __. _ _ _ --__ ___------- - - - - ---� 0 _ . _ ______. _ __ __ _-_._ I � I' • I J REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 , PAGE 5 ----�--- � 215 ; i � � like to discuss. He referred to the consideration of the elimination of the ice I at Ed Wilmes Park and said there were several people in the audience concerned about this decision. He 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. I� ��;� MOTION 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 the minut:-.. 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 seldom need the - use of the warming house. He said another claim is that if the ice is used for broom- ball, 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. 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 Corrrnission 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 -0F 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. AND OF APPROVAL OF FINAL PLAT P. 5 TION OF OPERTY: . #74-02, GRACE HIGH SCNOOL ADDITIO� PERTY SOUTH Of GARDENA VENUE N. E.: EN CITY OF FRIDLEY AND GRACE HIGH S( The Public Works Director pointed out that the Planning Cormnission had recommended approval of the plat with a number of stipulations. hle said Grace High School 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. Ne 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. _ __—, .. � � � � � \ � � , � ' � � r i 216 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 6 Councilman Utter said he believed Grace High School should pay the required amount for the park fee. He recalled that Miller, 0'6annon and Pine Tree Builders had all met this requirement. E�e said they did not have the chance of ineeting the requirements or � offering facilities. iCouncilman 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. Fie also said the Council 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. fde 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 exp}ain 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. P�r. Sobiech said he would agree with the easement on the west side of Matterhorn Drive. 1 , 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. �� ■ L._-- MOTION by Councilman Starwalt to approve the final plat as requested by Grace High School for the property south of Gardena Avenue N. r., concurring with the first three stipulations as recorrmiended by 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, negotiate an agreement for use of recreational facilities at Grace High School in lieu of the park fee, and amending stipulation 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 (dele,ting 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 ; � � , � � � ' 1 , � � � I � �' � r� \ ._ _ _ . . __ - --- - -- _ --�__ _� _ . . __- _ ---. _ __ � 2,l 7 ; i REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 7 '. leaving this amount open for negotiations on an agreement would be fine. He further stated that if some agreement is not reached in a reasonable amount of time, they would pay the $4,200 park fee. He said at this time the plat would 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. i � The Attorney for �race High School questioned how the cost of the installation of the sidewalk would be levied. Fle 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. 'fhe City Manager informed the Council that Matterhorn Drive and Gardena Avenue were both State Aid Roads and the normal po]icy for this situation would be that the residential home owners would pay a normal rate for a residential street and the added assessments would be taken care of by other funds. Mr. i•lervin Herrmann, City Assessor, explained this would be the case in the residential areas. Ile questioned if this policy would apply for the other portion of sidewalk. Mayor Liebl said St. �Jilliams was assessed for sidewalks. He said he thought this � policy was only followed in residential areas. Mr. tlerrmann said this was correct. Councilman Starwalt said the City would have to take u.ction consistant with the policy. I•1r. Herrmann said the lots on the residentia� 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, ��layor Lieb7 voting aye, Councilman Utter voting nay, Councilman Nee wting aye, Councilman Breider voting aye, and Councilman Starwalt 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. HARRIS 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 item. - The Public Works Director referred the Council's attention to page 72 of the agenda and pointed out Lots 10 through 15 which had originally been needed by the City for ponding purposes. He said it is now recommended that Lots 12 through 15 be traded to Mr. Harris for Lots 1 and 2, Block 1, Harris 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, Harris Lake Estates would increase the size of the park in this area. 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, Block 1, Oak Grove Addition." He added the reason for this amendment would be that the City would be selling all of the lots 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, Block 1, Harris ' 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 the 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. He : explained their fear to be that saneone 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 i --- --- _ .._____ _� 0 � ' , ' r, ' � , , ' ' � � ' , r ' t_ _l r- -- -_. . ' 218 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 8 prnperties and enlargement of the park. Councilman Starwalt questioned if this was equal area in trade. Mr. flarris 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. P1r. Herrmann agreed and stated they were very close. Mrs. 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. fle exp]ained 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 lessens the cost of disposal by saving time and traveling expense for the contractor. He said this would mean a savings of money on the street improvement 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, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Mayor Liebl voting aye, t•tayor Liebl declared the motion carried and the first reading adopted. I MOTION by Councilman Starwalt to adopt Resolution No. 130-1974 appproving exchange 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, �•1ayor 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. i Councilman Nee asked to have this item brought back to the Council before any final ! action is taken on the sale. N0. 131-1974 - AUTHORIZING PARTICIPATION IN TNE SUBURBAN RATE h10TI0N 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 Breider. 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: Councilman Breider said as he read the information, it had been determined that there would be no cost to the City, but tttis is not mentioned in the Resolution. MOTION by Councilman Breider to amend the Resolution by inserting "WHEREAS, It does not require any monetary contribution from the City, and". Seconded by Counci]man Starwalt. Upon a voice vote, all voting aye, �tayor Liebl declared the motion carried unanimously. ��70TION 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 � � ' , REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 9 � ' i � 219 RESOLUTION N0. 133-1974 = STATING INTENT TO PARTICIPATE IN COOPERATIVE COMMUNITY DEVELOPMENT FUNDING: Councilman 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 populations 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. He said the proposal would be to form a joint ad hoc comnittee 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. He 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 Counci7man Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. ' � r ' � i MOTION by Councilman Nee to adopt Resolution No. 133-1974 as amended, stating intent to participate in cooperative Community Development Funding. Seconded by Councilman Breider. Upon a voice vote, all voting aye, ��layor Liebl declared the motion carried unanimously. RESOLUfION N0. 134-1974 - ORDERING PERLIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1976-4: Councilman 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 policy of the City to put the total amount of the project on the public hearing notices even when there would be federal funds and other funds aiding in the payment of the project. ✓ Councilman Breider said he believed that approximately $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 would be assessed to the benefited property owners. He said the report would be presented to the Council. He added, the Federal contribution to the project would be one million, the County would fund one half a million 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. MOTION 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. RESOLUTION N0. 135-1974 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING . 1976-4: MOTION by Councilman Utter to adopt Resolution No. 135-1974 receiving the preliminary report and calling a public 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, �•layor Liebl declared 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 motion carried unanimously. • RESOLUTION N0. 137-1974 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 4 AND 5, BLOCK 8, HAMILTON'S ADDITION TO MErHANICSVILLE: MOTION 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 � i _ _ _ __----. __ _-- _.. ---� � 0 i , ' � � � � 1 , � ' ' ' � � ' � - ------ ; 22(1 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 10 Mechanicsville. Seconded by Councilman Starwalt. Upon a voic e vote, all voting aye, hiayor Liebl declared the motion carried unanimously. RESOLUTION N0. 138-1974 - AUTHORIZING THE CHANGING OF BUDGET APPROPRIATIONS WITHIN THE GENERAL FUND: h10TI0N 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. CONSIDE?,ATION OF AUTHORIZING ACCEPTANCE OF NON-WAIVER 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. I-le said the letter states since the insurance company does not know all of the facts, �hey 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. He said at this time it will 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. He 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 Homes 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 wi71 indicate that he had raised this question at the time development was proposed. He 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 Gompany 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 Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 38105 - 38274 LIQUOR 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 � BY APPROVED BY FEE j 7699 Viron Road Sherman Hanson Deputy Fire Chief $125.00 I Fridley ($100 deposit) � ; CIGARETTE � . i Menard Cashway Lumber Menard, Inc. Public Safety Dir. $]2.00 ` 5351 Central Avenue � FOOD ESTABLISHMENT ( Pienard Cashway Lumber Menard, Inc. Health Inspector $10.40 5351 Central Avenue Pro-rated 0 � .` ' REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 SOLICITOR BY Grarariums One World Crusade . Unification Church Dennis Conrad APPROVED BY Public Safety Dir. I ?�1 ; PAGE 11 FEE Non-profit MULTIPLE DWELLING ADDRESS UNITS FEE APPROVED BY James J. Parnon 361 74th Ave. P�. 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 $75 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 declared 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 $ g00.00 (Central Avenue Relief Sewer) 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 669.81 November 4 through November 30, 1974 PARTIAL #6 For Sanitary Sewer & Water Improvement Project No. 456.63 115 from Noverr�er 4 through November 30, 1974 PARTIAL #11 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from November 4 through 200.68 November 30, 1974 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 Herrick, City Attorney • � Weaver, Talle & Herrick " � 316 East Main Street Anoka, Minnesota 55303 � • For legal services rendered during November, 1974 1,110.00 MOTION by Councilman Utter to approve the Estimates. Seconded by Councilman Nee. Upon a voice vote, all voting aye, i4ayor Liebl declared the motion-carried unanimously. COMMUNICATIONS: • CITY AT70RNEY, VIRGIL HERRICK: DEDICATION OF PARK LAND IN INNSBRUCK NORTH: 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 . f �, I _ ; I � J ' � �l � � � � ' �� 222, REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 by Councilman Breider. • PAGE 12 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 written by himself to Mr. Billman and it pointed out that he had an obligation to dedicate the 7and 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. Billman, iie pointed out that Farr is delinquent in the payment of $15,000 and they had come to an agreement that this be paid 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 Council 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 w9shed 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. Billman by agreement for Innsbruck North. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. THANK YOU TO CITY EMPLOYEES FOR PAST YEAR'S WORK AND GREETINGS FOR THE HOLIDAYS: Mayor LiebT 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. MOTION by Councilman Nee to thank the City Employees for the past year's work and wish th�n a Merry Christmas and a Happy New Year. Seconded by Councilman Starwalt. Upon a voice vote, alT voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR LEGAL OPINION CONCERNING CHALLENGE OF RANKING IN PQLICE DEPARTMENT: Councilman Nee said he had received a call from one of the Police Corrnnissioners 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 Comnissioner, he was advised that the Police Comission would 7ike 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. He said his opinion was that this position could be abolished without a hearing. The City Attorney said he had tried to contact 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 aboiished 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. ' i� ' Counci7man 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 ' � I� title, and is the employee entitled to a job at the next lower ranking position. Councilman Nee stressed, the Commissioner wanted an Attorney General's opinion. ' ' � The City Attorney said he had not researched this point. MOTION by Councilman Nee to direct the City Attorney to ask the Attorney General for a legal opinion on the question of ranking in the abolishment of a position. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. I J � . ' " . . .__._.____ . .._._. ..___ __._____..___.._ _ . _ _.l .... ... . ._ _ _ .._.._..._ __.._. . _._,. __�_ . .._ . ,., I , � 223 i � � � ' PAGE l3 I REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 i � ADJOURNMENT: . h10TI0N by Councilman Utter to adjourn the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 16, 1974 adjourned ' , , at 10:40 P.M. � , j ' I, Respectfully submitted, I Q� �� I Pat Ranstrom Frank G. Lieb7 Secretary to the City Council Mayor , ' • � � i Date Approved � I � ` ' , ' � I , ; , ' i , ' � � ' � �� , � � . i � I ' , I � � � � ��, � i �i I� I I 1 � __._.�----_ ...._._- -.___..__. .-.._.._.._. _._�------ - ____._ . _------- � ._.____. _...... _._._ ..___ _._---------� ��_._____ ____ .- -_... _ ,___. ___: , November 25, 1974 �Mr. Joe Scliommer 543 Jamesville Avenue NE Minneapolis, r�I 55432 ��:�"; !� ,` �.,. �.s r.....� `•� ::.� . ,�� n'r :: a �.:��—'O � � "t/ .k t. 1� 0 ' As you have been unable to attend our Cit2zen Bi eway Committee mee ings and as we feel your com�nunity must be represented on the commi_ttee, we should have a replacement for you. ' Unless �oe hear from you to the contrary by November 30, 1974, we will assume you agree and we will proceed to select a replacement for you. , � orTaN A DIVISION OF ONAN CORPORATIOrt �; �� - 1� ' � �./•-% �'P�!R..r�._. ..- %� _-. Vern Moen . Chairman, Citizen Bilceway Committee , City of Fridley . . dkh V cc: Jerry Boar.c�nan ' ' City of Fridley : 6431 Unive-rsity Avenue NE " ' Fridley,, MN 55t+32 ' • � . , ' � 1A00 73F2D AVENUE N.E. • MINNGAPOLIS, MlNN£S07A 55432 •(E12) 706-6322 IA DlVISJON OF GNAh' CORPORATlON � :� � 0 November 25, 1974 0 Mr. Bob Lee 144 Satellite Lane NE � Minneapolis, MN 55401 �,: �..y: . r .+., .• � � .� � � + l .s � .3 �.� ,�. ��.'_"' �`��-'`�,,.""_O a �� ," I' �V Dear Bob: ' As you have been unable to attend our Citizen Bikeway Committee meetings and as we agr.eed in ot�r tel.ephonP conversation on November 7, 1974,we should have a replacement for you on the comuu.ttee so that your community can be represented. Unless we hear f.rom you to the contrary by November 30, 1974, we will assume you still agree and we �vill proceed to select a.reglacement for you. Sincerely, ONAN A DIVISI0�1 OF ONAN COP.PORATION � / ' �' / � y'7'`rs-L-'i . ' � . . . VernvMoen � , � Chairman, Citizen Bikeway Commi.ttee City of rridley dkh ✓cc• Jerry Boardman � City of Fridley 6431 University Avenue NE Fridley, MN 55432 1400 73R� AVGNUE N.E. • MINNF_APOLiS, MINNESOTA 55432 •(G12) 786-6322 A DIVlSlON Of ONAN CORPORATfON 1A .��_�_�-�.-�..�.--.._.-��ti 4 � . l/-----p { . . �•^ � I� r' . . � � S1L'LQL.�91DlEY "� . . .; � _: .�.. :�. _Y.��,. rt s _ } 1 B _ -� ' _"_ ,:=—�.=:�= ►,:_-. -- , , � :4.- '� � , ,. , .;/` � _ .v..�.�"�:�._ j _..; .. ,. 1� . `, � ' '~ s:�. '� _ , ;I . - ' � �_. . 3 �i � � � . - .. ,- - � r - i �'r�- - _ .. � e _. .. - - . , �1�-a_ 1 _- �J _ ._. • . --� ' ' . \ ;`� U \ : � '' ; � ,.: '; - - � �• ° . • \ 1 I f�M' ,\I\ 1 t 'd 1 1 I ! . ...v . 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I U�� ` � � Y ` 1 '�� 1 � --- �� _1�1 �r � `� ` � � � � �I�'�: �i _Y ;� ;;;� f1? � 1 u- ., — -:� �� :�; -'�—. ��7 � I ii;� I ��, f�J � # I r —;"'�,` - �, � F_�`_ i ��.\ � r-�!.jI'' �'�� . . � - . ' I� ` _ • . . . � � ��j fl ' � . \ .\. �,. � .t Mz�� 111� �. 7 �' t"1 Co��eTiEE , � _ � T_�,,, ' , o \\� --- ' '� __ - . j , ' N �� -� :e� ��>> �_ �OU�D�R�E � ` . y.— �i(._ N� p , � _ ..��LJ� ,��...;c . S �, _ Q� �.�`-:as- -__ � � :: '.r _ K .l.a�_ ;��_.:J•._�7 �' K ; �� ,ir�,f'� �; ,,� _��.- ,� _, _.a �,�.:.��-�.. � � , .�� ;-. — � ' '��1�.��_ . . r a� - .__. � ,,: �. .. � ' , ' � CHARLES R.WEAVER MERMAN L.TALI.E VIRGIL C.HERRICK � . ROBERT MUNNS JAMES D. GIB�S ' WILLIAM K. GOODRICH THOMAS A.GEDDE � JEFFREY P, HICKEN L.J ' ' ' , ' ' ' ' � ' ' 1 ' LAW OFFICES . WEAVER, TALLE �. HERRICK Mr. I3asim Qureshi City Manager City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Qureshi: January 3, 1975 316 EAST MAIN STREE7 ' ANOKA, MINNESOTA 55303 421-5413 6279 UNIVERSITV AVENUE N.E. FRIDLEY, MINNESOTA 55432 560-3850 FIRST STATE BANK BtJILDING COON RAPIDS,MtN�F1.55433 755-1330 This letter is in response to your telephone inquiry of this date. You have advised me that an application has been made to the City of Fridley hy a group of people who wish to acquire an existing warehouse which is located on property zoned M-1, light industry. As I understand the progosed use, the property is to be used basically as a warehouse. However, the individuals involved wish to perrnit the warehouse occupants to have certain limited sales of the products storeel in the warehouse. Primarily these sales are to be held on weekends. You have asked me for my legal opinion as to whether the above activity is author�zed by the Fridley zoning code, particularly section 205.13, which deals with permit uses on industrial property. Based on the facts that have been presented to me, I am of the opinion that this use is consistent with the terms of the zoning code. In section 2Q5.131 H, warehouses are permitted in M-1 property. In subsection I of the same section, there is also permitted"other serv�.ce uses which are similar in character to those enumerated above, wi1.l not be dangeraus or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of any progerty". Also in the same section under accessory uses is a provision that permits retail sales or servicing of products manufactured. While this section does not speeifically say that retail sales or servicing of products warehoused is also permitted, I would be of the opinion that inasmuch as warehousing is permitted within this section, that the accessory or secondary sale of those products caould be permitted. I would point out to you also that the city has previously approved Plywood Minnesota and Wicke`s Furniture for occupancy on M-1 property. Both of these operations are essentially the same as the one described above, that is basicially a warehouse with secondary sales. The proposed use being limited to weekends would be even more secondary than in the other operations just mentioned. a , -2- A� a practical matter, if the sales are to involve a substantial number of people, I believe that the city would be we11-advised to require a parking ratio based on a commerc�.al use or at Ieast a ratio somewhere between what would be required by a purely industrial operation and a commercial operation. I trust that the abave answers your inquiry. If you have additional questions, please contact me. Sincerely�,_ ; i' rf/ �,i / L �, I . . � = �. -� -�� .�-"' � y� _C,l-'-�r�l/t-'�`-G �, Virgil C� I�errick VCH/ j lh . ' � T0: � FROM: � � ' CITY OF FRIDLEY MEMORANDUM NASIM M. QURESHI, CITY MANAGER AND CITY COUNCIL MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: PETITION ON PROPOSED AMENDMENT TO THE CITY CHARTER, CNAPTER 2, SECTION 2.05 (VACANCIES IN COUNCIL) DATE: DECEMBER 18, ]974 A Petition on a Proposed Amendment to Chapter 2, Section 2.05 of the City Charter was filed on October 1, 1974 with the Charter Commission. The Charter Corrmission was proceeding on the assumQtion there was no specific time limit for turning the petition over to the City Council. This apparently was based on an informal discussion with the City'S legal counsel. On December 2, the City Council directed the City Attorney to pre,�are a written opinion on Section 410.12 of the Minnesota Statutes relating to turning a petition, such as this, over to the City Council or the City Clerk's office. � At the December 9th meeting, the City Attorney rendered his opinion to the City Coun�il in a memorandum dated December 9, 1974. The City Attorney stated the Charter Commission should transmit the petition to the City Clerk to determine whether it contains a sufficient number of valid signatures. '' The petition had physica]ly been ]ocated in the City's vault for safekeeping for sometime, even though the petition had not officially been turned over to the City Clerk's office or the City Council. On the evening of December 16th, Ray Sheridan, , Chairman of the Charter Corrmission, contacted me regarding the petition and staied that we should consider the pe�ition as having officially been turned over to the City Clerk's office. We made a check of the voter registration files at th� County Court House as of December 18, 1974 and find the following: Total Number of Names on the Petition 635 To�al Number of Names Counted who are Registered Voters 545 � Questionable Signatures 12 Not Registered 78 TOTAL 635 At the last Statewide General Election (November 5, 1974) 8,856 votes were cast. Section 410.12, Subdivision 1 of the Minnesota Statutes requires that a petition such as this must contain valid signatures equal to at least five percent of the total number of votes cast at the last Statewide General Election (November 5, 1974). � Five Percent (5%) of 8,856 Registered Voters is 443 Therefore using the count of the November 5, 1974 election and the count of regis- tered voters as of December 18, 1974, the petition does contain more than the I' required five percent valid signatures. I� , cc: Virgil C. Nerrick, City Attorney T0: FROM: CITY OF FRI DLEY P�EMORAN DUM NASIM M. QURESHI, CITY MANAGER t�IARVIN C. BRUNSELL, ASST. CITY MGR,/FIN, DIR, SUBJECT: BACKGROUND MATERIAL ON ��1Y MEMO OF DECEMBER 18, 1974 RELATING TO PETITION � DATE: DECEh1BER 20, 1974 In my memo of December 18, I stated that we officially counted the Petition as of December 18, 1974. We used the November 5, 1974 Election as t`�e last General Election. The General Election used has some significance because of the fact if the November 7, 1972 General Election were used as the last General Election, the Petition would require more signatures. At the November 7, 1972 Election, 11,7b7 people voted. Five percent of this figure is 588. If the November, 1972 date were used, the Petition would not contain sufficient signatures as it now stands. The law does provide that the petitioners be given ten days to secure additional signatures if the Petition is found insufficient. The total number of votes cast at the November 5, 1974 Election was 8,856. Five percent of this figure is 443. We did count the names on the Petition unofficially prior to the November 5, 1974 Election. TOTAL SIGNATURES OF REGISTERED VOTERS QUESTIONABLE SIGNATURES NOT REGISTERED TOTAL NUMBER OF SIGNATURES ON PE1'ITION FIRST COUNT �ECEMBER 18 COUNT 527 12 96 635 545 12 78 635 The date of the count is not of great significance as no matter which count is used there are sufficient names on the Petition if the 1974 6eneral Election is used as a base point, and if the November 7, 1972 Election is used as a base point, neither count would be sufficient. MCB:sh cc: Virgil C. Herrick r , � 564-345Q �� o r� ��' � � 6431 UNIVERSt7Y AVENUE NE ANOKA COUNTY MEMO T0: HONORABLE BILL NEE A�iD COUPJCIL MEh1BERS FROM: RAY SHERIDAN, CHARTER COP�fMISSION CHAIRMA�d SUBJECT: SEC?IQN 2.05 AND 2.06 OF CITY CHARTER DATE: JAI�IUARY 6, 1975 FRlDLEY, MINNESClTA 55432 The Charter Commission and members from the Committee of Petitioners met on Monday, December 30, 1974, and discussed and reviewe�+ the petition and some ideas that the Commissian had regarding the proposed amendment. The purpose of this mee�ing by the Commission was to see if there would be a pos�tion or point where the Commission might change the original proposed amendment to Section 2.05 that would satisfy both the Charter Commission and the Committee of Petitianers. I believe the discussion was frui�ful, and the members of the Cammittee of Petitianers who were present are p7anning to meet with the Charter Commission at our next meeting, January 14. The members of the Committee af Petitioners and Charter Commission did agree that possibly some additional a�ordage could be added to the pe�ition to make a better amendmen� to the Charter by spelling out some time factors that are important. � i'he Comnission cannot recommend to the Council the petition as it was subm�tted, as the petition is not in arder in all t�ays. I understand a special election must be held to satisfy the request by the petition, and if this be the case, the Corr�nission would ask that the electian date be set so that the proposed amendments '� by the Charter Commission could be submitted to the voters at the sam� eiection. It would be my hope that there would be enough time so the Council could again reviev� these proposed amendments, ��old the necessary hearings, and passibly act , on some, if not all by Ordinance, and those not accepted by Council could be placed before the voters at this special election. � At the December 30 meeting, the members discussed the possibility �f the petition was not sufficient, and that at the meeting of January 14 possibly they could work out a proposed amendment �o Chapter 2, Section 2.05, that could be included in �� the Charter changes, and by doing so, satisfy the petitioners without more money and iime on their part. i� Gentlemen, these comments are what I extracted from our meeting. I will present these views to the Charter Commission members on January 14: ' > TIf�IE T�1dLE FOR ELECTIO�J FOR CHARTER AMtPJDMCNT 35 Days before the Eiection Date tne judges must be se1ected. 3Q Days before the Eiection Date the registration notice for the Closing of Registration must be completed. 25 Days before the Election:;Date and Notice of Eiection must be prepared_ 5 to & Weeks i s needed before tf�e E1 ecti on Date for tl�e preparati on of the ballots and the pr-inting. The ballots also musi be published irr - the official newspaper. ✓ � ': _ ' � :. �.��-. / � i-• � --.. . -' �7 � f'� -�' • ,°,j�" : / � � w I ► ' ' ORDINANCE N0. AN ORDINANCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY , The City Council of the City of Fridley does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract oi land � within the City of Fridley, Anoka County, State of Minnesota described as follows: � Lots 10 - 15, Block 6, Oak Grove Addition All lying in Section 13, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota � � S IO 2. It is hereb determined b the Council that the City no ECT N y Y longer has any reason to continue to own said nroperty and the Council � is hereby authorized to sell or enter into a c..ntract to sell said pro- perty. � SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to effect the sale of the above described real estate. • ADOPTED BY TT-� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY QF , 1975- MAYOR - WILLIAM J. NEE ATT'EST: CITY CLERK - MARVIN G. BRUNSELL. First Reading: December 16, 1974 Second Reading: Publish........ 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(•/ � i ' : -�j, ' 'r;,,,,,.:-�..'" � . � -� � � : . 3��...--�-�- : � '' ' � .. ��/�. ' ',, 2A 0 t ; � J• ; � il, ». _._ . tr. ._....�.__._m�..,. . . _ ' t ' ----- -- - ` _` __�� . - .� �� -- , . �-�..�„rw....� . ) i , _ � • ►-r... .r . -- � � � r� �'a . ' RESOLUTION N0. / 1975 3 �� , � � , , � ' , ' A RESOLUTION DESIGNATIN� AUTHORIZED SI�NATURES FOR THE CITY OF FRIDLEY BANK DEPOSIT I, Marvin C. Brunsell, do herebvi certif.y that I am Clerk-Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota, and that the following is a true, complete and correct copv of resolutions adopted at a meeting of t� Council of said corporation dul,y and properly called and held on the /� da,y of �,.�- , 1975; that a quorum was present at said meeting; that said res utions re set forth in the minutes of said meeting and have not been rescinded or modified. RESOLVED, That the Fridle,y State Bank is herebv designated as a deRositorv for the funds of this corporation. RESOLVED FURTHER, That checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said Bank mav be signed by any two of the following: P1arvin C. Brunsell, Clerk-Treasurer Nasim M. Qureshi, City Manager and said Bank is hereby fully authorized to pav and charge to the account of this corporation any checks, drafts or other withdrawal orders. RESOLVED FURTHER, That all transactions, if anv, in respect to anv deposits, withdrawals, rediscounts and borrowings by or in behalf of this corporation with said Bank prior to the adoption of this resolution be and the same hereby are in a11 things ratified, approved and confirmed. � BE IT FURTHER RESOLVED, That any Bank or Savings and Loan ma,y be used as depositories for investment purposes. I further certif.y that the Council of this corporation has, and at the time � _ of adoption of said resolution had, full power and lawful authoritv to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawful authoritv to exercise the same. ' , PASSED^ AND ADOPTED BY THE �Q `-�W DAY OF , ATTEST: , CITY CLERK — MARVIN C. BRUNSELL �J CITY COUNCIL OF THE CITY OF FRIDLEY THIS '�.� , ��t,t,,�..{,�,��n , 1975. � MAYOR — WILLIAM J. NEE � � �: _ . I � �S 9 , . . . i �: �. � � RESOLUTION N0. � 1975 r__�__-_-. RESOLUTION DESTGNATING TIME AND NUMBER OF REGULAR COUNCIL ��1EETINGS WHEREAS, Section 3.01 as amended of the Charter of the City of Fridley requires�that the City Council shall meet at a fixed time not less than once each month, and WHEREAS, Section 3,01 as amended of the Charter of the City of Fridley requires that the Council snall meet at such times as may be prescribed by resolution, and WNERE.4S, The Counci] has been meeting on the first and third Mondays of each month at 7:30 o'clock P.M. NOW, TNEREFORE, BE IT RESOLVED, By the Council of the City of Fridley that: 1. 2. �� "� �3. The City Council shall meet on the i`;�' and �� of each month. The City Council shall hold Public Hearings on the v�in-r�-- ,�'%`l,��t.- ,�--� of each month as requi red by the Coun� 1. ��....�..� i�r�,t.2'%�,w �-,.-�j. /t�ra �..-.-.. ��. � �'t.�..._-•-�' d The ity ouncil shall meet at �; �� o clock P.M. on the above designated days. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ,� � . FRIDLEY THIS z'�'"'.�`� OAY OF `�._,�'��,�� ,�,��y 1975. ATT E ST : CITY CLERK - MARVIN C. BRUNSELL � r ��1AYOR - WI LLIAM J. NEE • , RESOLUTIOtJ N0. � 1975 A RESOLUTION DESIGNATING A LEGAL NEWSPAPER WHEREAS, The Charter of the City of Fridley in Section 12.01 thereof, requires that the Council designate annually the legal newspaper of the City. NOW, THEREFORE, BE IT RESOLVED, By the Council of the City of Fridley as follows: 1. It is hereby determined that the legal newspaper of the City of Fridley for all legal publications required to be published he�in is the following noted newspaper: and that such newspaper is accordingly so designated. PASSED AND ADOPTED 3Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS �� DAY OF ,�, 1975, ATTES7: CITY CLERK - MARVIN C. BRU�JSELL , MAYOR - IdILLIAM J, NEE 0 5 5A SUN NEWSPAPERS 6601 WEST SEVENTY - EIGHTH STREET EDINA, MINN. 55435 • 941-4800 0 December 15, 1974 City Council City o� Fridley 6l�31 University Avenue N.E. Fridloy, Minnesota 55�t21 (�entl.emen : Your designation of the Suburban Sun to be your official newspaper for tt�e year 1975 Will be most appreciated. The rate for l.egal oublications as set by Minnesota law is 20.5¢ per line for the first insertion, 13.6¢ per line for each subsequent insertian. Tabular matter, i.�., nrooer names, numbers, legal descriotions etc. is 6.9¢ ner line additional for the original insertion with no additiona2 charge for repeats of the original insertion. ' We will provide at no additional charge, two notarizad affidavits on each of your legal publications. Additional notarizad afficiavits, on request, will be furni.hed at 25¢ each. ' , ' Al1 publica.tions should reach this office by !t p.m. Friday prsceeding your Wednesday publication. . In order to expedite our servicos to you, it is requested that you direct your publications to the attantion of Cicely Moan, Legal Department, 6601 West 78th st. , Edina, Ntn. 55t�35. Thank you for your consideratian of this, our official anplication for designation of the Suburban Sun as your official newspaper for the ensuing year. Very truly yours, SUN NEWSPAPERS, IDTC. � ♦ � ' James R. Ritchay Executive Vice President ' � JRR:cm 1 6 . � �� .Q,,��,� �,,�� _ _ _ _ ___ _ __ _ _ � �-�i ��%�- �.,� �� , ' �r ��1�C.��/Z , �'�r�'�.�"�� _ � _ __ - , _- . _ _._ _ __ ._ ��/�� - -_ -- � - / f� i , � `' '%2C-C�. . _ _ _ _ /�GC�� r� �. _'L � _ � _ __ __ _ _ _ _ _ _ ��2L � ��iZ �� !� � % _ _ _ __ _� � � ��% ��.� ��G � 2� � �. � __ _ . - _ _ c�;� �2 �'2;�. �`-��,�.i _ -- _ _ __ _ - _ ___ _ _ _ _.[_- _ i , - _ __ _ _ __ _ _ ______ _ _ ___ _ _ _ _. __ ___ ___ _ ___ __ __ _ ___ ___ _ �__ ��a _ __ , __ _ _ c��,�� .��z��°�� _. . _ 1 - . �� %��r� � �� -�� . � � ,� � , . _ _ _ . �,� �� %.:�� .� � � ��'� . _ 1 -� . , . _ io��' �� ` /� ��,� ��/ _ 1 ��.� = � _ . G�� _ __ �� - %� t�° ��?�� .�� /�� . � , � . � , ; , � � � , '�. �� : -� , . ?' � � G��G�' � 7� �C.�'� � .l �2 ��'.r�� . . _. ��2 � / l .�C� ��%�� i�� , r � � �� ' �� 2�� 1 �2��c- _' � �� C'�'�� '�,�� -� �� _ __ . . , � .,/��'�"� r��,�21� �= iG%� . � .C� i �� - _ _ __. _ _� _ _ _ _ _ _ � � ��/' � -� : . -' ' /�l � �%��i ;� _ _ _ __ . _ _ _ _ _ . � �_ � � cr.�ry oi riir�jr�i�Y r�c� i ? Pt.�11NNING COMP•1:1:;;;;10N t�i1,1:'].'TI•dG - D1:CEP•9L'1,R 18, 1974 C71L�I� TO.OI2llJ�R: • ' , � ! Chairman P'itzpatricl: callcd the meeting to order at 8:10 P.D2. ROLL C11I,L : Membcrs Preseni:: Members 1lbGent: pthers Present: ritzpai:r.ick, Lindblad, Harris, Langenfeld Dric ans B1.air ' -J � Jcrrold �oardman, Planning 1lssistant APPROVI� PL' 71AINTNG COrih1ISSI0N MINU'1'TS ; DECLMPER 4, 197 �4 MOTION b� Li.ndblad, secondcd by Harris, that tl�e Planning Commission appr.ove their minutes of tlie Decer.�ber 4, 1974 meeting zs written. I1pon a voice vot�, a12 vot.ing a�e, the mhtion carried unaliimousl y. ' RECL:T_V� PARKS & RECR�IITION COrZMISSTON SUI3COP•'In4ITTE� r1INUTES : NO��i•?L31�R 25, 1374 ' __.__---- F10TION b� Harris, seconded by Lindblad, that the Planrl.ing Commission receive the minutes of the Parks & Recreation Commission Subcommittee meetiny of PJovemb��r 25, 1974. Upon a voice vote, a11 voting a�e, the motion carried unanimous,ty. ].. PUBL:CC H��1P.ING :�rQUrsT FOR A SP�CIP L USE P�P.I�4IT , SP i` 7 4-17 , ��ORGL WALQUIS`1': `l'o pe.rmit the construction bf a building ior : rust-�prooiinc� of autornobiles, etc. , per Fridley City Code, Section 205.131, 3(A,10), in an M-1. Zone (light industrial areas) ta be located on Lot 5, proposed plat, Herwal Rice Cr�ek T�r_race, generally located 240 feet west of Central Avenue on the north side of Ric� Creek Road N,E. '''-� Chairman I'itzpatrick said that as the petitioner hadn't arrived at the nzeeting, he would declare a recess ot the Planning Commission mee{�ing at 3:25 P.M. and the Plannirig Commission cauld start their ', worlc shop meei:inc�, and ieconvene when the pei�itioner arriv�d. I ' ' Chairman L,itzpatricic reconvened the meeting at 9:15 P.M. MOTION b� Ilarris, seconded by Lindbl�d, that the I'Ian��ing Go►nmzssioll t��1�Ic Lhc Publ.ir. II(�41:']1�C7 O!7 tl�e rec�ucst foz� �Z SpeczaZ Use Prt•mii:, SP 1i%�1-17. b?1 ��orqe �9zilquist, to perrnit the constr.uction _ of �r bii,.ildirzq for rclst proofing of aut-omobiles, ctc. , pc�r Fridl.cy Code.°, Sccti.on 205.131, 3(�1,Z0) in an t!-1 zone (1ic7ht in�lustrial araas) L-o be .tocated on I.oL• 5, l�r.nposed p1riC, Ilcri�al l2ice Crcek Z'errace, gcrier- a12�1 locat-cd 2•?0 fcct �,�cst of Ccntral AVC1111(? 011 thc tforth sidc of Ricc Crcek Road N.R., unt•i1 Januar� 22, 197�� Lc.�causc i;I�c pct•.itivncr t,�as n��t ��rc�sc�n� f�r. thi.�> >uc��til�g. Upon a voice voL-c, a11 votiny ayc. L'hG mc��ion carr..i.r.d ul�.'ttii�nau�1�. ' ,...-�. � ,,..�,..T . +�"� - 7� ' Planni.ilg Commission Meeti.ng - December 18, 1974 Page 2 ' 2. SE�l' DRTF I'O12 JOINT h1P:,T;'z'ING OF TIIE PLI1NNIi1G COf�IMISS ION AP1D TI-i� PAl:1:S & RLCRI�.IITION COh1��lISSION WITI1 TIIL CITI7L:N I3IK�W11Y CUf�li�4xTTF,L ' Chairman Fitzpatrick said the Citizen Bikeway Committee would like to have a joint meeting with the Planning Commission�and the Parks & Recreation Commission on either January 6th or 7th. He said � that the first Council meeting of the year would be on January 6th so he thought the 7th would be a better date. He aslced the other mer�l�ers what they thought of ineeting on the 7th. ' Mr. Harris said the regular Planning Commission meeting �aas scheduled for January 8th. He asked Mr. Boardman what was scheduled for that meeting. Mr. Boardman said as far as he knew there wasn't � anythirig on that particular agenda as yet, and it was too late to schedule any Public Hearings for that date because of the time need`d for puhlication, , n U LJ � � i ' � � I� � 0 � Mr. Harris said he would have no objection to having•this joint meeting on the 7th, if they didn't have another m�eting on tYie 8th. Chairman Fitzpatrick said as long as the regular meeting of the 8th could be�cancelled, rie thought the 7th could be set as the date for the joint meeting between t�he Citizen Bikeway Committee and the Planning Commission and Parks & Recreation Commission. 3. PUBLIC HEARING: CONSrDEIZATION OE' A PR�LIMI?QINARY PLP.T, P.S. #74-07, REAL ESTATE lU ADDITION, FRANCIS J. �TRDLEP.: PUBLIC HEARING OPEN Tabled ADJOURNDI�NT : MOTION by Lindblad, s�conded by Harris, that they adjovrn, Upon a voice vote, a11 voting aye, Chairman Fitzpatrick declared the Planning Commission meeting of December 18;:.Z974 adjorned at 9:25 P.M. Respectfully submitted, i l`'�-r`C�- r' ?�`.z �;,.�/ Dorothy Eveyson, Secretary 0 � ......., � I � ' QUILDING STF�I��DARDS-UESIGN CONTROL SUBCOh1�1ITTEE h1EETIP�JG OF DECEP�BER 19, 197� The meeting ��as called to order by Chairman Lindblad at 8:00 P.P9. t�IEMBERS PP.ESENT: Lindblad, Simoneau, Nelson , P�iE��{BERS AQSEP�T: Seeger, Tonco • OTNEftS PRtSENT: Oarrel Ciark, Community Development Administrator Approval of the minutes of �he �tovember 21, 1974 meeting will be made at a future meeting. l. CONSIDERATION OF A REQUEST FOR A SKYWAY AND STOREROOi�I ADDI7I0�1: LOCATED AT 5Q0 OSBOR�dE ROAD, FRIDLEY f�1IPd�1tSGTA. REQUEST BY UNITY HOSPITAL. 550 OSBORi�IE RU1�D, FRIDLEY MIf�dNESOTA Mr. Peter Kramer from Construction Coordinators and Horty-Elving Architects and Albert Eilers from Unity Hospital and Nealth Center were present to represent the request. Pdr. Kramer explained that this was the connecting link bet�veer► the new office structure now under construction and the hospital. The project invoives an addition to the storage area on the hospi�tal, a stair and elevator tower, and the actual skyVray connecting the two structures. The storage addition construction �vi11 match the hospita7 in color and the skytivay will be of the same texture as the horizonal lines of the hospital, an off white. The estimated cost is �18_5,000. The skya•�ay and one story storage addition is being financed by the hospital and will be maintalned by the hospital. � . It was pointed out by the Board that there must be a 13 foot clearance between the driving sur�ace and the bottom of the skyti��ay of 4vhich the contractor had already made plans for. � .� � � r MOTION, by Simoneau, seconded by Nelson, to recommend approval of this proposal with the following stipulations: • 1. An agreement between the North Suburban Hospital District and the group af doctors who �,�ill own the three acre tract, on the maintenance and use o-� the skywalk, or the use of the parking lots and driveways, be. drawn. 2. If any additional water mains, se�•aers or storm se�vers become necessary, the entire cost be borne by the North Suburban Hospital District andJor the owners of the m�8ica1 building. �� 3. The North Suburban Hospital District agrees to work with the City �o es�ablish a Fark in the area. 4. Proper signing be provided by the North Suburban Hospital District to direct traffic to and from Usborne Road N.E. 5. Complete the 50 feet o� buffer along 75th, Lyric, and 5th Street tvhich sha17 consist of a berm and planting to screen the parking lots from the residential areas. 6. ido tree rernoval ��i thout Ci ty approval . � 7. Any future parking areas be provided with a berm or screening from the adjoining R-1 areas presently occupied by single family homes. 8. An agreem�nt that the doctor's group will maintain the used portion of the three acre tract. 8; �� BUILDI�dG STANDARDS-t7ESIG�d CONTROL SUBCOP�Ii�IITTEE f�1EETIfVG OF DECE�i6ER 19, 197�-Pg. 2 C � 1 � � � 9. The medical building ti•rlll be llmlted to occupation and uses as stai:ed in a letter from th�� lfnity hledical Center of September� 6, 1973 �rhich states that th�s building sha�� be lim�+ted to health professionals which ��,ill include, but not limited to, physicians, denLists, oral surg�ons, clinical p:,ychol��gists, psychiairic social avor�:ers and allied mental hea7th personnel. �lncil�iary uses other than office space shall be limited to thase commercial entc�rprises design�d to serve the doctors and dentists and their personnel and patier�ts. Such ancillary uses ti�rould include things such as a professional pharinacy, an optical company, possible a card and flower shop, and possibiy at a later date, a coffee shop. 10. Dust abatement procedures be taken to keep the dust dot•rn during con- struction. 11. Contractor be responsible for garbage and ��raste removal on the overall area dur�ng the construction period by providing large containers that would be regularly emptied by pick up. i2. Additionai parking be provided if deemed necessary by the City. 13. All garbage be stored inside the building. 14. l�lork with the Engine2ring Depariment �� setting up a workable storm ti•rater runoff plan. 15. There is to be a 13 foot clearance betu�een the driving surfaee and the bottom of the sky�vay. UPON A VOICE VOTE, all voting aye, the motion carried unanimous7y. Chairman Lindblad adjourned the meeting at 8:30 P.M. � Respectful �y,subm\tted, i � � `, `f` � � . c�, � , f 2�",M. �; �' � Uart�el C1 ari; � . Community Development Administrator � � � � � r � � � � � r A9INUTE5 OF TfIE P.ECULt112 P�l1tKS ANll RT:CREATION CO�L�ITSSIO�J AfE�TING, DrCEbIBER 23, 1974 Meeting was cal2ed to order at 7:32 p.m. by Chairman Blair. ME:�iBERS pRESI:�1T: $lair, Caldwel�;, FIarris, Peterson and iVagar OTtIERS PRESENT': Paul Brotrn, Director of Farks and I2ecreation Department John Caldwell, 5847 ttackmann Ave. N.E., Fridley, 788-6973 Visitor . D90TION by 1Yagar, seconded by Caldwell to approve the h4inutes of the Parks and Recreation Commission Meeting, dated November 25, 1974, The motion carried. PASSOUTS Director Bro�an passed out three articles for the attention of the Comrnission: 1. Snowmobile Ordinance. 2. Park hlap of City. 3. Ski Flier. These articles were passed out for general information to the Cor.unission members. '� Chairman Blaix passed out and introduced a Bike�aay Committee Study. •This is a preliminary plan for Bikeway system that will involve Fridley. I�4any of the trails would move through our town. The copy is for the Comrnission's o�vn personal use and to be updated t�ith additional nemo's and material on this subject. Chai.rman Blair expressed concern over the fact he is looking for more detailed information from the ComMittee and hopes that the city does some research into what other surrouncling commu.nzties are doing in respect to a Bikeway System. DIRECTOR'S REPORT Dixector Brot�n theri xeviewed the following items that were distributed during the month to the members: 1. Hockey Association of Fridley practice schedule. This outlines the number of teams, tahere they will practice and at what rink and at what time. � 2. Ice Skating Rink Survey. A t�ao page report outlining the existing skating rinks in our suburban area. Tne Commission members raere also interested ir. �inding out �ahat communities provicle oi�ertime �aork scheclules and also if these areas have � shift changes with their maintenance staffs. 3. Fridley Youth Football Association. The Commission is reminded of the � meeting that the members will havc:�aith the F.Y.F.A. in January. At this time the Commission arid their Board �uemUers will reviet� the football program both boys tackle and girls flag sections. � � 4. Girls Flag Football Rules. A revised clraft copy of the 1975 Girls Flag Football rules iti�ere revietived �uickly by the mernbers. It was decided to review these along with tackle rules and regulations at the January meeting with the � F.Y.F.A. Board. S. Hockey Association of Fridley lZules and Regulations for 1974-1975. Chairman � Blair objected to the section of the rules that had to do �Jith renalty time and who �would serve the penalty time wlien line changes occur. 1'}ie Commission members reviewed this care�'ully with no inunecliate recommendation. � �1 � � � ��. r I � i � l � � , � Minutes o£ the �arks and Recreation Commission Meetin�;, December 23, 1974 Pai;e 2 � � BIKCtVAY �4EETING Jerry Boardman, Planning, has called a joint meeting of the Bikeway Committee, Fridley Planning Co:nmission and tlie Fridley Parks and F�ecreation Commission on Tuesday, January 7, 1975, 7:30 p.m.'at the Fxidley Civic Center, Community Room. All members are asked to be present. DeparLment secretary will: call all members to remind them. KARATE CLASS Chairman Blair stated that they have not heard from the Karate Teacher. The Commission wishes to meet with him at their next meeting if possible. Director Brown tJill try to contact the teacher and get a confirmation. MEETING CH/INGE Due to conflict, the Parks anc3 Recreation Commission Meeting scheduleci for Monday, January 27, 1975 will be rescheduled for bionday, January 20, 1975 7:30 p.m. at Fridley Civic Center, Community Room. _ I1YV7.TATIONS Chairman Blair requested that Helen Byrnes, Chuck Kasick and John Saccamon be invited to attend the January meeting in order to discuss the Gixls Flag Football Rules and Regul.ations as outlined earlier in ihe meeting. Department Secretary will wxite the invitations. . ADJOURNI�IENT MOTION to adjourn the meeting at 8:32 p.m. Special Meeting: The next speci,al meeting of the Parks and Recreation Commission will be held on Tuesday, January 7, 1975, 7:30 p.m. at Fridley Civic Center in the Community Room. The next regular meeting of the Parks and Recreation Commission iaiZl be held on Monday, January 20, 1975, 7:30 p.m. in the Community Room of the Fridley Civic Center. Respectf�lly submitted, P 1 �_ , Secretary to the Commission 0 , , ' n 9 I � � . 10 FRIDLEY ENVIRONMENTAL QUALITY COMMISSION November 19, 1974 0 MEMBERS PRESENT: Oquist, Sullivan, Sporre, Martin, Houck, and Langenfeld MEMBERS ABSENT: Erickson 4THERS PRESENT: Drigans and Haxris of the Planning Commission Nee, Breider, and Starwalt of the City Council The meeting was called to order. MOTiON BY TOM SULLIVAN THAT THE MINUTES OF THE OCTOSER 15 MEETING BE ACCEPTED. Seconded by LeeAnn Sporre. Motion carried. Item two on the agenda was a disci?ssion of placing the FEQC on the Planning � Commission as a permanenfi member. Mary Martin submitted a memo on the subject.- MOTION BY LEEANN SPORRE TO RECEIVE THE MEMO INTO THE RECORD. Seconded by Toan Sullivan. Motion carried. A long discussion followed. (This discnssion is not recorded in dstail because there was no tape recorder at the meeting and because M,ary Martin was substituting for the recording secretary and said she could not take complete notes and also participate in the discussion.) Ztao main points were made during the discussion. I� Mr. Drigans commented that the members of the Planning Commission did not think that there was a place for the FEQC on the Planning Commission. Mr. Drigans felt that unless the FEQC has a petition process it should not be a member of � the Planning Commission. The members of the FEQC and some of the other guests felt that the FEQC should be a member of the Planning Commission. There was a general. consensus that there should be a phrase added to Ordinance 121 � (which sets up the FEQC) that the chairman of the FE QC should be a member of the Planning Comcnission. � The decision was reached that the FEQC must look ouer the city cod� and write new ordinances and policy statements as they pertain to the F�Q�. Mary Maxtin told ' the FEQC that she had a copy of the city code but it was on loan to her. The � price of the code book is $20. She requested that the FEQC obtain this�copy of the code so that it could be used as working papers for writing new ordinances. I � MOTION BY TOM SULLIVAN THAT EACH MEMBER 0�' TI� FEQC SHOULD HAVE A COPY OF THE CITY CODE AND ONE COPY FOR A WORKING COPY. LeRoy Oquist seconded the motion. It was carried unanimously. MOTION BY TOM SULLTVAN THAT Tf� FEQC ESTABLISH AN ENVIRONMENTAL POLICY ACT FOR Ti� CITY OF FRIDLEY. Motion seconded by Russell Houck. Upon a voic e vote, the motion carried unanimously. � AbJOURNN�NT • ' MaTION by Tom Sullivan to adjourn the :neeting. Seconded by Maxy Martin. Passed unanimously. The meeting adjourned at lO:OS p.m. Submitted by: Mary Martin, Acting Recording Secretary , '�"��.� _- November 18, 1�74 To: Whosoever is concerned From: Mary N,artin, FE9.0 Re: Seat on the Fridley Plannin� Commission 0 10q, EXCERPTS r^ROI�I FRIDLEY CITY CODE: 201.01 Creation (of the Plannin5 Commission There is hereby created a Plannin� Commission for the Gity of Fridley, Minnesota The Commission shall consist of a general chairm,an, the chairman of the parks and recreation commissi.on, the chairman of the board of ' appeals and the chairman of each sub-committee. The subcommittees hereby established shall be: � 1. Plats, sub-divisions, street and utilities consisting of the- chairman and four at lar�e members. 2. Buildin� standards and design control consisting of the chairman and four at iarge members. 201.03 Advisory Capacity The Conir�ission shall serve in an advisory capacity to the Council and Administration. . . � The Commission is charged with the responsibili.ty for continuous community plannin:� . . . 201.05 Additions - Vlhen, in the opinion of the Council, there is a need for addi'�ional sub-con;rnittees or additionGl members-at-lar;e, such additions may be made by the Counc�l. . . . 101.01 Creation � of the Parks and Recreatlon Commission_ . There is hereby created a Parks and Recreation Commission for the City of Fridley. The commission shall consist of five Fri.dley residents, appointed by the City Council. The Co►;��3.ssion Chairman shall be appointed by the City Council and sha11 also serve as a member of the Plannin� Commission. �,�,.A.� _« � ,� lOB I� � Re: Seat on the Fridlsy Planning Commission--page 2--November 18, 1974 , � � r � 121 O1 Title (of the Environmental O.uality Commission) This organization sha11 be known as the Environmental A,uality Commis- sion of the City of Fridley. 121.02 Definition For purposes of this ordinance,.the environment is defined as all of the natural physical resources of air, land, surface and sub-surface water, the biotic resources, the man-made environment.� Environment includes the sensorily perceived features of noise, sight and smell, a11 plants, wildlife and man himself. 121.03 Purpose The Commission is established: ...to serve as resource agency to the City on r�atters reoarding the environment, includin� informa�ion on environmental problems, laws, policies and regulations of the county, metropolitan, state and federal 1eve�s to the ext�nt of their effect on Fridley; and to advise the City Council, the City P�Iana�er, and other appropriate City Commissions on matters pertaining to the main- tenance or improvement of the environment, including the review and recommendation of programs and policies within the City. 121.0� Scope • The scope of the Cor�mission shall be advisory to the City Council, the City P11ana�er and to other appropriate Commissions af '�he City on matters relevant to the environment. 121.05 puties and Regulations The duties and responsibilities of the Commission shall be: 1. 2. To conduct investi�ations, studies and analyses relating to ecological systems and environmental quality within the City; To develap recornmendations on matters of environmental poliey and le�islation; , � 3. To aid the City in seekin� the assistance of educational and �overnmental institutions in identifyin„ protec�ing and pro- motin� the use of natural areas within the City :.. � �4. To promote an eli�htened public awareness and concern for �he environment amon� the citizens of Fridley ... � 121.06 P�fembership The Commission shall consist of seven members, each appointed by the � Mayor upon the approval of a majority of the members of the City Council .... The Chairman shall be appointed at-lar;e. The remainin� six members shall consist of two members from each City Ward. .. I ,11 -�T �— � � lOC ; Re: Seat on the Fridley Planning Commission--page 3--November 18, 197� ' � ' � r ' r � � i 1 i � 121.07 . To provide coordin�ition and commur.ication amon� various groups where environmental prob:lems may be of mutual concern, but approached from varyin� perspectivE�s . The City P�7anader, A�layor, Chairman of the Recreation Commiss'ion, and Chairman of the Plannin� Commission, or their respective disignees, shall serve as ex-officio, non-votin� members of the Commission. There shall be open communication between the ad- ministrative and legislative bodies within the City on all matters affectin; the envi�^onment. �Ihere possible the Commission shall solicit comment from inter�ested parties prior to the submission of any recom- mendations to the ��it3t Council and all interested parties shall have the ri5ht to be he,�rd reJardin� any proposed recommendation from the Commission to the City Council. 121.08 Organization The Chairman shall . . . 2. Appear, or appoint a representative fo appear, before any City Commissi•on of the City Council to present the viewpoint of the Commission on matters pertaining to the environment as it re- lates to the business under considera�ioa by said Commission or Council;. . . 4. Provide liason with other governmental and citizens' ��oups in matters concernin� the envlronment for thE purpose of obtainin� timely and relevant information for consideration by the Commission. 0 � ' -y...•�'-. I, • , � _J �� Re: Seat on the Fridley Planning Commission--Page 4--November 18, 1974 Statements and Cor�clusions and Questions The Planning Commi.ssion is made up of both Commission Chairmen and Sub-committee Chai.rman. The Plannin� Commi.ssion is not maae up of a limi�ed number of chairs as are other comm�.ssions. • The Planning Comm�_ssion is charged with the responsibility for con- tinuous community plannin��. Community plannin� must in this decade of the seventies ;_nclude as one of its prime concerns the total environment of the Community. The Chairman of ttle Parks and Recreation Commission is appoin'�ed by the Code as a meml�er of the Planning Commission. The Parks and Recreation Commission is rrot a sub-commit;tee of the PZanninb Commission. The Chairman of tlie Fridley Environmental Quality Commission (rEQC) � is not appointed by code as a member of the Plannin� Commissicin. The FEQC is not a sub�-committee of the Plannin� Commission. J � ' � I � Is it to be assum��d that the FEQC is of less importance to the City of Fridley and ar�° Parks and Recreation. Is it to be assum�d that an Environmental commission has less to offer than does Parks and Recreation. � Is the environment of Fridley important enouoh so that it should be at all times considered as a part of the future plannin� of Fridley. Can the FEQC have a useful input into the plannin� o£ the City if they only receive inf ormation after the fact and are not allowed to vote on an issue at hand even if it may vitall;� affec� the environ.ment. If the rE�C is not to be allowed a seat on the Plannin� Commission; iz° the i�E:�C is not to be allo�ved to help rnake decisions about the �'uture of i�ridley; and, because the environrnen� encompasses all phases of a city's 1�� fe and is beco;r:-� n� more .and more important as population in- ereases, noise inereases, open space decreases, ef;c.; perhaps then a11 decisions and conclusions of other commissions and sub-comrr.ittees should be routinely routed to the Environmental �uality Commission for tneir bindin� ap�roval and acceptance and i'orwarding to the City Council. I wou.ld no� prefer �o see��he above happen. The Plannin� Commission is an Excellent commissi.on and has done an excellent job for tlze City of i�rld].ey in its plannin;; to date. However, as Fridley and the world groti�l, more and more thin�s have �o be taken ihto consideration. A person who has mu.de the environmen� his special knowled,�,e would be of invaluable aid to the Plannin� Commission in formin;; and decidin� upon pollcy, A Environmental �uality Commission which can be ignored or not used at all i.s of little value to anyone. The ques�ion now is: Does the City Council of the City of Fridley wish the Environn�ental Quality Commission to be a useful and used I � � "�f , -- ,: • . �� . � Re: Seat on the Fr�Ldley Planning Commission--Page S--November 18, 19?�F I . . � i' ' � advisory body to th�� City Council, or does it simply wish to have a high-soundin� but p��werless and ignored bunch of citizens sitting , around in the Commu»ity Room on every third Tuesday of the month? , r f . , � . . � . Mary Martin . Frid�.ey Environmental Quality Commission � . , ' , � � I � ' � � , � I � � ; � ��i . � � 1 � � � r . .�� CABL�. TV COMMISSION becember 13, 1974 MEMBERS PRESENT: F'r. Ed, John Haines, George Zeglen, Tom Myhra, and Barbara Hughes OTHERS PRESENT: °:erry Shuster, Clyde Moravetz, Sarah Hayes, Anita Benda, and iial Brown Fr. Ed opened tf�e meeting at 1:35 p.m, MOTION BY TOM MYHIL� TO ACCEPT THE MINUI�S OF THE SEPTEMBER 13, 1974 MEETING. Seconded by George Zeglen. Upon a voice vote, the motion carried unanimously. Fr. Ed said the main item for the agenda would be the discussion of the public access channels, and asked if everyone had studied the material �eceived by Anita Benda. Fr. Ed said he particularly liked the Austin draft, Mr. Shuster said in their investigations between the two drafts, most of the provisions that are in the teleprompter draft have been incorporated into the Austin draft, with the exception of Austin's inclusion of the community review board. They made comparisons between the Austin and E. Lansing Michigan draft, Terry Shuster sumniarized the video tape process. He said if socneone was to produce video tape on public access, General Television would like to.see S;t at least three days in advance to check for technical quality to make sure it is compatible Frith the company's equipment. It would also be checked for the normal type of: things such as illegal or pornographic material. Fr. Ed asked how stringei�t Minnesota laws were on gambling, lottery, e tc,. Anita Benda said she would che:ck into it. Terry Shuster pre:�anted a booklet to the eommission and read aloud the material ' . contained in sect:Con 405.225, Cablecasting rates for all educational, library, governmental and �.ion-profit community organization users. Mr. Shuster said they would charge time fox the leasing of the studio facilities, and said they , had produced some rates and would like to hear from the commission as to their reaction to these rates. He said they would have to be approved by the commission and the City before selling commerical advertising in local origination. Mr. Shuster personally felt the rates were very low, but felt they had to start 1 with something in order to obtain subscribers. rlra Shuster explained the rate charges in detail and gave reasons for various charges, ' Fr, Ed questioned what the costs were for the services of a technician. Mr. Shuster said they could not get by with less than $5 an houro Mr. Shuster • explained the equ.ipment was worth a quarter of a million dollars and the equipment � must be maintained. Mr. Shuster said he wou2d like to get these rates to print so they could di:;tribute them for commercial purposes. MOTION BY TOM MYfdtA TO APPROVE THE RATES AS SHCIWN. Seconded by John Haines, Upon a voice vote:, the motion carried unanimously. Mr. Shuster intr<�duced Sarah Hayes, public access director for the Fridley system. I� Mr. Shuster said they had ant�icipations of getting enough groups involved with t � '�] � 'Chem sa they r.an t��ain their awa people to do their own work so tE�ey won't have ;� any costs. These people can come in and utilize the equipment and �he faci2ity � in an allotted time: after they have iearned how to operare-the cameras asid video t tape machine. � � � ' � i -, � Mr. Shuster referr�:d to seation 4fl5.276, Miscellaneous provision, City franchise. He also read a letl:er rhat woulci be sent tc� ever� subscriber 3� the City thanking them and indicatin�; the responsibility they have tn Lh� City. Mr. Shuster's idea was for pubii.c access to f�surish, buL ta fl.rnir3.sh they have to g�t the commun.i�ty groups involved wiih them, garticipate, iearn how to us$ the equipment so tJ.�e company will not have to use aIl oi their personnel that are obligated to other diities. Tom Myhra asked if the government channels allowed for video production, such as City Council video taping on a Thursday evenino and bringing it over to the studio to put it on the air. Mr. Shuster said they certainlq could do this. The idea of �ducatiQnal and governmental purposes is to produce shows awap from the facility with thcir own equipment and bring it back to the studio to play. Mr. Shuster said they wanted education and goverriment production along with public access which has priority. The premise is that thep would produce on their own and put it on the air at a scheduled time. Mr. Shuster said they wauid Iike to train a person from the schoflis and the government to run �the shows back. Possibly the city could have 4 or 5 porta pacs available so people could produce their own shows and bring them into the public access director. Mr. Shuster said it was his idea to utilize the system, since they have the money invested. 7'hey did not want to discourage programming. � The commission di.,cussed the "Roles for public access channels." Mr. Shuster said they wanted t:o set up some guidelines for the publie access director to follow. Sarah Hapes said she dzd not want to have all of the power or rzsponsibility, � it would be helpftil to have some stipulations. Mr. Shus�er said they could not tell the people wtiat to do on pnblic access, the company would hope they would use it as an expe��iment wi�t� some guidelines. The rules should be made flexible. , , � � � A ler�gti�y discuss:��r� �aas held specifiaally on public access channels, number 3(d) stating, "Materia:t which identifies anp product, service, trademark or brand name in a manner which is not reasonably related to the non-comznercia� use of such product, service, trademark or brand name on the program." Mr. Shuster felt they should leave that section as it is and if a problem arises pertaining to this matter, they could use common sense as a decision. Mro Myhra suggested that a clause be added at the end of the rules stating that they can be subject to review after.a certain length of time, such as 6 months to a year. All the commission members agreed. Discussion was held on time slots and various procedures which could be used in setting up a schedule. Anita Benda gave sc:�e examples of having two nights a week £ox regular scheduled time and having the.rest of the•time open. Sar�h_Hayes suggested concentrating on one night a week f or programming, such as Tuesday being public access night. Mr. Shuster said they would set up a regular schedule at a regular time slot to build up continuity. The committee discussed the possibility of a complaint review board, and Mr. Shuster reported the reasons for such a program which would involve three members of the CATV Comcni.ssion. ' � • .�.�-�-�i Fr. Ed asked Mr. Sh.uster if he coul� prepare a draft from what the commission has approved by resubmifiting it to members of the commission. If there is something the members wbuld like to add or correct to it, a meeting could be held or members of the commission could relate this to Fr. Ed and he would contact Mr. Shuster as to the suggestions. Mr. Shuster said he would have this s�nt to Che me:mbers within a couple of weeks. Then it will be sent to FCC. AD JOURNMENT MOTIO� by George Ze;glerL to adjourn the meeting at 3:30. Seconded by Barbara Hughes. Upon a voice vote, the motion carried unanimously. Respect�ully submii:ted, .1ac:rlf.z" � Recordin ecrerar,;� N i _. _ � j•, 'I . .� � � � SECTION x. �� TIMES � �� , 60' s I' 3 0' s � L COMMF�RCIAL C11F�LE T. V. S POTS ]_-12 ).3-25 26-51 ~ 52-103 � 104-155 156-207 20�3-26(� �iz.00 ,all.�o �li.00 ��o.00 $�.so $9.00 �a.00 $9.00 $�.50 $s3.00 $7.50 $7.00 $6.50 . $6.00 � - :� . SECTION II PROGR7IM r!'IME CFIT�RGES I� • , -- -._ ..._._...._. _._._.._ ._.._.____.�.__..____._._^_------._.------ _._--.----_...___..�:---- � • � f�0 minute 30 minute , 1-12 times $100.00 $60.00 13-25 times $90.00 $55.00 26-33 titnes $50.00 $50.00 39-51 times $70.00 $�5.00 ' 52 times or more $60.00 $40.OQ , . ---.--.__ .._._. ... __.._._.-_-_.___�_,�_ �-----.___�__.._........_...__._.._.._..------__. � SECTION III PRODUCTTON CiiAR ES 15 minute~----^ , $30.00 � $27.50 ; $25.00 $22.50 i $20. 00 j � A. On Location ComrnerciaJ_ - ' .�50.0� "r�ach vzdeo tape comn-�ercial � B. In Studio Commercial , � � �$1.5.00 Each video tape commercial ' C. Slide Costs ,$2.00 For each slide ' . � � SECTION IV STUDIO RENTAL $150.00 per day (8 hrs ' $90.00 1/2 day (4 hrs A. Studio Space Only �.."7 $25.00 per hour (min.} Studio A �3�-i - � Studio B$I5.00 per hour - minimum rate � B. Studio Space, E��uipment and Personnel Studio A$90.00 per hour - minimum rate � Studio B$30.00 per hour - minimum rate ' SECTION V , , ' � , FILM CHAIN RENTAL $30.00 per hour v � � � � -..�� - x i � SERy� .1�" � t. � cl^ �l�}�`.a�T".�'• ^ � � � - J ' �!i�$$$� �l W�, ��, �,�, �, ' ' � � ' ' �►ELECTIVE SERVECE SYSTEM r SELECTIVE SERV�Cc SY:: � EM —1 AR�A OFi !CE �. 19 MARK It PROFESSIONAt BLDG. 3735 NOR7H HIGHWAY $;52 ROQBINSDALE MINN. 55422 L � (LOCAL. BOARD STAMP) � December 19, Z974 The Honorable Mayor and City Council City of Fridley 643Z University Avenue Northeast Fridley, Minnesota 55432 Gentlemen: in a�.r. REFER TO: � I am writing to you to request that we be authorized to recruit one of the employee's of your City Hall to act as a volunteer registrar for the Selective Service System. � ' � � � ' � � i � I , �� F'erhaps you are not aware that the Selective Service System i�; still in existence. Notwithstanding.considerable and wide spread misunderstanding and confusion in the press and in trie minds of many people, the ongoing mission of the SelectivE� Service System in a period of zero draft continues. The duty for all male citizens to register at the time they become 1,13 years of age is a continuing feature of the Military SelectivE� Service Act, notwithstanding the expiration of inductiot� authority. The Selective Service is acting as the ^STANDBY h1A�HINERY^ in the event of a national emergency. 13ecause we are acting as a standby, we have greatly reduced the number of offices that we have. During the authority to induct, we had 83 offices in Minnesota and since the authority to induct has expired, we now have only 10 affices in the State. This is why it is imperative that we ^recruit^ volunteer registrars throughout the State. Our office in Robbinsdale serves the North and Glestern parts of Nennepin County, as well as Chicago, Wright and Anoka Counties. GJe have close to 60� volunteer registrars in Minnesota. I have personally recruited volunteer registrars in the City Halls of Golden Valley, Hopkins, Farmington and Wayzata. In most instances this act is performed by the Receptionist. To register a young man takes about 5 minutes, and we always instruct, the registrar not to let the registration interfere with thE�ir compensated duties. The Honora.ble Mayor and �ity �ouncil Page 2 �A I1' this request is acted upon favorably, it will not only k�e a very beneficial service for the Selective Service System, b�at will be a.valuable service to the young men of your City and wi11 alleviate these young meh having to drive great disi:ances to register. I would guess that there will be from 1 to 10 young men a week that would take advantage of this sE�rvice. Yc�ur cooperation in this matter will be most greatly appreciatF�d. • Sincerely yours, ��'�/,%'1 ��'��G�"�i-�r-�L�' ,/�Junior K• Andersen, Executive Secretary MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director DATE: January 2, 1975 SUBJECT: Safety Improvements at the Iniersection of Hackmann Avenue and Central Avenue (St. 1975-5) As instructed by your off-�ce, we have re viewed the attached letter regarding the intersection modifications at Central Avenue and Hackmann Avenue. Please be advised that as noted in the letter in Paragraph 3,the improvements that are being made are tQ improve the safety aspects of the intersection. The project will not require any additional park right of way and no traffic will have to be detoured during construc�ion of the project. � Considering these facts, it is recommended that concur- rence with the project as suggested in the letter be approved and that the attachmen1. to the letter be executed. RNS/jm 0 � , December 12, 1974 r,,.� �,,,� ..,;,,. ,•. : , .�� ::�.. , ... I� n =.�,o � 1a,�� '��w '� ..� STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS DISTRICT NO. 6 2055 NO. LILAC DRIVE MINNEAPOLIS. MINN. Mr. Nasim Qureshi City Manager City of Fridley 6431 University .�venue N.E. Fridley, Minnesota 55432 In reply refer t��: 315 S.P. 0207-35 (T.H. 65) Safety Improveme�nt at Jct. of C.S.A.H. 35 Dear Mr. Qureshi: � The Minnesota Hi;hway Department plans to make safety impzovements at the junction of T.H. 65 and C.S.A.H. 35 in the near future. A free right turn to Northbound T.l�i. 65 is included in these improvements. Federal guidelin�es relating to highway construction require us to document our assertion th,it the proposed construction will have no adverse effects on recreational :Eacilities, such as Moore Lake Beach. Therefore, we would like your concur:rence wi.th this statement. Some facts you miy wish to consider in making a decision on the matter are: •....the improvements are designed to improve the safety aspects of the intersection. ...the project will not require any additional right of way within the park. ...traffic will not be detoured and access to the park will be maintained during cons�:ruction. If you have any ��uestions, please contact me at 545-3761, ext. 50. Should you decide that ��oncurrence with the project is in order, please indicate so below and ret�irn this copy of the letter. An extra copy of the letter has been provide�i for your use. Sincerely, ----' ; .� R. A. Elasky Layout Research & Development En�;ineer cc: E. R. Green H. Harholdt Attachment: Cop�y of letter RAE:bn ( RM) - ��.� � . p c e 13A Mr. Nasim Qureshi December 12, 1974 Page 2 I(we) concur with the conclusion that the proposed construction will have no adverse impact on Moore Lake Beach. 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T! �. . _ .. - .r� •.3 i s�«x.�,� , i ^{� • �'+u . �.., ,,, '•'---� .,.��, ��T': � � •: . s � ' �� r `. cs"�+; e` � ' . --.. ..•' • - � � :� , _I. n ' ' . ? ��:. � . � ' ' '��+ • ��w -- _ < _ . � � - . .d;��7t�M�!'r,.+a��n T i . ,�r�`'�'''�G "'�W'.+'�y*�"""`' "r'.'� ,.f ^,. .��M � �: . w ' awo.` irM. �'•'� « . ( . . V . . ir'� -v i • . � t t�LL�� , .. _..._ . . , . . ..- f �L�Yhaia . .... �� ..._ . � ., .. "` �� , `:' � Y • � � ' T 1 � .. . . . --. m ._ . -g � � 0 ��''�' �e�. � �A &O� �„�, � ......., d � ...-.....,.' � .�.�.... � � � �� g �'IN C1'��0 �350 Metro Square Bldg., 7th & Robert, f�t. Paul, Minn. 55101 � � �� December 12, 1974 D4r. Richard N. Sobiech, City Engineer City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55421 Subject: Joint Use Rental Agreement for 1975 Dear Mr. Sobiech: 14 Azea 612, 222-8423 � In accordance with Section 4 of the Joint T.Tse Rental Agreement No. 191 between the City of Fridley and the Metropolitan Sewer Board, such Contract can be renewed by consent of both parties. � � � � � We wish to renew for another year the Joint Use Rental Agreement No. 191 tmder the same terms and conditions contained in the Agreement which is presently in force between the City of Fridley and the Metropolitan Sewer Board. The Renewal Agreemen.t is enclosed in triplicate for�your endorsement. We have signed the enclosed statement as our intention of renewing the Agreement and ask that you also sign and return to us tiao (Z) of the executed copies and retain one (1) f�or your records. Shoulc� you have any questions or suggested changes to the basic: Contract Agreement, please con.tact us. . Your cooperation in accepting this renewal procedure is greatly appreciated. Very truly yours, N►ETROPOLITAN SEFVER EOARD � • .� chard . Dougherty Chief A " 'strator RJD:MAL:sil Enclosure CC: Lonnie E. Dye, Chief Engineer, �.4SB Marylyn A. Leor�hart, Administrative Assistant, b�.SB An Agency of the Metropolitan Council of the'i�vin Cities Area Anoka County � Carvex County �:Dnkota County � Hennep�n County ��amsey County � Scott County � Washington County, � 1 14A , STATENIEiVT OF AGREEMENT R�1�4VAL JOINT USE RE��ITAL AGREEMENT N0. 191 The Metropolitan Sewer Board and the City of Fridley agree to renew the Joint Use Rental Agreement No. 191 under the same terms and. conditions contained in the Agreement which is currently in force between these parties. The renewal period for Joi.nt Use Rental Agresment No. 191 sha11 be January 1, 1975 - December 31, 1y75.. That. both parties agree to the renewal period and terms is evider.�.ced by the signatures affixed to this statement. FOR TI� CTTY OF FRIDLF',Y Title Title Dated 0 FOR THE I�IETROPOLITAIV SEWER BOARD os h �. Strauss, lairman Ri ar J, ug erty, ie inis�ratar Dated ja.- I Z.' 7� MEMO FROM: RICNARD N. SOQIECH Public Works Director SUBJECT: 14B , MEMO N0. RV 12 DATE Der_ 18,_ 1974 REPORT BY: 12-27-74 1975 Joint Use Rental Agreement with MSB X� See attached A�reement [� Review & take a��pro- priate action w ¢ .� Review & comment J °' [] Note & discuss ��rith me � 0 '� (� 41ork wi th n - � � �J Rush, inunediate action desired h1ake reports, w/background material as complete as poss- ible. Make interim report if necessary. F- a 0 ��] Acti on compl etE�d, no z further review needed 0 � [] Further action necessary a [] See attached 1 c�tter � Interim report . REMARKS: Please advise of your recommendation. COMMENTS: � In reviewing the Joint Use Rental Agreement No. 191, we receive from the Board the amount of $1,486.00, which is paid to us quarterly. I believe you should sign the Rental Agreement, as is. The amount we are being paid now is still more than adequate for the work it takes to keep up this line. DATE: 12-19-74 � SIGNA7URE � � . l/�lL�✓+�._,. LP VOLKMAN Supt. of Public Works � r 0 MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Ricriard N. Sobiech, Public Works Director DA7E: Decf:mber 9, 1974 SUBJECT: Res��lutions and Execution of Technical Assistance Agr�eement and Annual Agency Agreement for 1975 Attached �or Council consideration is the referenced material. This material is the standard action required by the State of Minnesota in order to provide requested technical assist- ance to the City and the assigning of responsiblity for Federal projects if ariy would occur an City streets. In the past the agreements ha�re not been required by the Minnesota Highway Depart- ment, but due to a change in procedural policy they would ]ike these added t�� the annual resolutions. It should be noted that previously the Annual Agency Agreement was something more appropriate for counties, however, the Highway Department now requires municipalities to execute the agree- ment also. The Rnnual Agency Agreement is spe,cifically for Federal financing of projects, of which Fridley wou]d probably not become involved. I1; is recommended that the Council adopt the resolution ,� and approve ��xecution of the agreement requesting technical and engineering assistance at the Regular Council Meeting of January 6, I975. The Annual Agency Agreement can be executed at the time Federal III� � assistance is re uired on an future ro'ect. q Y P J RNS/ jm � � � � � � � � � N9-ID No. 34780 (1 I/74} STATE OF MINNESOTA DEPAR7t�EN1' OF N I GH�dAYS TECNNICF�L AND ENGINE�RING ASSISTAtiCE AGZrEMENT 1NtS AGREEMEYf, made and enter-ed inta by and bei-ween the State of Minnesota acting through i#s Commissioner of Hiyhways, hereinaf%er referred -to as the "S#ate`�, and the County or Cifiy of � herei nafter referr•ed to as the "User", W f TNESSETt-f : WHEREAS, the User, as evidenced by Resolutfon, a copy of which is � � attached hereto �nd rrtade a part hereof as Exhibit A, does hereby request the State to fiurnist�� from fime to time as needed and specificatty requested, � technicat and engineering assistance pursuant to M.S. tbt.39; and � WH�REP�S, The Stata is authorized fo provide -hechnical and engtneering assistancQ to o�ther road autharities by N3.S. !6(.39, and is willing to do so; � tJ�W, 1NEREFORE, it is mutuaily agreed by the parties hereto that: � (. 1'he State shall, upon written requsst b}� the User, provide technicai and �angineering assistance and such othe�r services as autharized � by M.S. fbt .39. 2. i'he State shall keep a record of ii-s costs and expenses, � inctudin overhead cosi�s, in providing assistance and services to the User 9 � pursuant to f'aragraph ! above, and shall prepare an itemized stafiement � thereat shawing the amount due hereunder and submit the same to the User � on a tmo�thly) (annuai) basis. 3. The User agrees to pay to fihe Trunk Highway Fund ot the � State of Minnesoi-a °� ali monies due hereunder and as shown by the invoices �� o� stafiemer�ts submitted to the User, within 30 days after such submtssfon. Page No. f �A IN WITiJ�:.SS WHEZCOF, the State and the User have caused these presents to be ex��cuted �y their respective offlcers. COUNTY - CITY Or" ey �Gl�a i rman or f'res i dcn�i- (Aud i tor or C i ty 1; �;�-k Date tCorporate Sea1) Approved as to foi-n� and execution: By Ass i stan � Att�.s-nay Genera I) S i ATE OF 1�1 I NNESOTA QY _ Cor�r�,i i�s i oner o i ghways B�i e A i d Eng� neer) Date Page No. 2 � � � / � [ J � � rl ►j 1 1 � f .�'`�,,t�'rf t � "1 � ,I�,� ! I! � ' � �J �� . �� AGREEi�Ei�T N0. ETA � CITY OR COUNTY OF ENTEREQ R E S 0 L U 7 I � N BE IT RESOLVEU, Th�t purs ant to statu ory, authority, the �,.�-4-��-°�--' ` � ,:�. 0"{�a-c.�w�--�'„�.:�.�.4a�-<�.� � �,/ d�� ( r for and on beha I f of the '�f `_.�!�� '� . _�_� -- is hereby authorized to request and obtain from the ��innesot- a Departmenf ot Highways, nesded engineering and technical services during the year of. f �_ '� � �� O �i� �� ; for which payment wflt be made by �he fiCvtrrfPy) -4�4��e�pe�l-�iy � upon rece i pt of ver i f i ed c f a i ms trorn the Comrn i ss i oner af Highways. (SEAL) � (Submit C �_ ° fJote: Attach resolut � . f,. , � :� a ,�.� �� . C � fied Copie� in Duplicate) ti�f�i,cation by (Auditor) (Clerk) with each copy of the � Page No. 3 � - � � t=' BURLINGTON NORTHERN ' � � � r ' INDUSTRIAL DEVELOPMENT DEPARTMENT i•Zr. Richard i��I, Sobiecn. PuUlic :':orks Director Gity of Friciley 6431 liniversity .lvenue :1. E. Fridley, i�:innesota 55432 Dear Dic�:: 17 Washington Avenue North Minneapolis, Minnesota 55401 December 30, 1974 This confirms our telep�zone conversation reUarding designation � of nanies of streets ivithin our Great Northern Inuustrial Center property. � 0 �1e have no objection to namin� the east-i;rest strcets-51st '.�,ay, 52nd �'�ay ancl 53rd �1ay to confor�� ivitn t�le street nar.ies on the roadway wit:~� whic;i tiley alian. �ldditionally, ZJe woulci li�:e to nave the north-sout:i pro�osed roadvray named Industrial Eoulevard. Presurle tiie above sufficies your needs, I remain , Very truly ��. , , � • E . �V, Rieboia I��ianager-Industrial Development De�artment , , � , ; . , � � � . �,�� RESOLUTION N0. � RESOLUTION NAMING STREETS IN GREAT NORTHERN INDUSTRIAL � CENTER (51ST WAY, 52ND WAY, 53RD WAY AND INDUSTRIAL BOULEVARD) � WHEREAS, new streets are being constructed in Great Northern Industrial Center plat; and WHEREAS, a request has been made by Burlington Northern for a street name designation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley that: '�I , Section 1. The east/west streets (Outlots F, G, H, T, U, & HH) will be 51st Way, 52nd Way and 53rd Way and will conform with the street names on the roadways with which they align. , , ' ' � The north/south roadway (Outlots C, CC, AA, Y, X& W) will be named Industrial Boulevard. Section 2. The City Clerk is hereby directed to register said street names with the proper authorities for Anoka County and with the proper postal authorities and other interested parties. ��:"` .__ - � PASSED AND ADOPTEG TNIS ��_DAY 0��' �� i��,t��' , 1975 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - WILLIAM J. NEE 16A „ `►�� : ,;, ,' ;;; _ . �, } r ; • .r� � � • j �:...:�.� - . � . � ; `` . -� �: - � �` � � ` a ,N . i '�i ,. � { e � y b . 6 .y� .4 _ ' � � � �~ ,io : � ' � . . i . � .. �: � . it� r - . . :,Y � � ' � ” � , 5 , ' • N • � ` " �\ �� i� ` y ' �,.� �o , F f`�: .m � °nzF " '`9 • . � o� q�'� ^�� ' . �r:�� . :.,� N�� . M �: �� . " � � ;Nm , '• : i : 3r ,_ , ,i....:� � ° C s "'� e � :o H � � °° , s �y � �^ eo � _ ` o ry F '+. . � w � , ' � '� s• � �.. �. ' � nw � :.e. � � , 2 . ., 9 • R ' ' : L�i'� _'C-' . � j �`_' . —.o+.. � , . .. b. �. .. ' � s • g � - � 1 ,,�:o., \ w c N.,,,, \ r . y � ��o•1J'�{'( M " ' • - � '' �OZO� � t f � •tf'�l'[ �� N � i � Y _ � p o i � ; �c A 'F ° o •o � ' � , � .� e •�� • Y OlITLOT s se• i. q % v�=-C S ��•!f'ir-I ��r., 7 116• �N'�Ili'1 '°.. _ _ . _ 16 B ► i . I� .._..._.•..M..........k �. • I �5 0 �b b A ."_""'"'. Mse-•"' . � � � � � � � 3 sq f, nC s r . i <+ , � 1 �'.� I �� y 'r O .• �_� �. �r � O . � c � i < � •I t r� 3I � =I _ N ( � � ' 9 nl a o I A s_ � N I m � 4 i ' A X� I . 2 N i I i - -- - � , - . : .. . s.� - M I .� �•, + _ �: - - , � � :: ��. $ q ( , �� ^ '� - + � :3 _ ^ o .. i� �C. _ � " � . - • --- • .• ;, � � � � , - 1 ,,' / ^ � ` • ' Y �,, ` � �' � ' �!•� , v' .. � . �ooiwt� t = S -� :i ±� - ' I � •.�y ' I .•. •. � � � . • OUTWi MN t � � �� , I, � "' . r, `�, ; � ^ l �_ =1 `' � .. , •� {1 .' • � . . , � ,f I tiI • . •. . + I • ,, —— , , �= ' , ' . . '� . . � � l I : ; ._ . . , �... , . �, . _. . _ _ . ,�, CLAIMS GENERAL LIQUOR 38235 - 38431 9453 - 9491 � � �� l8 , ONTRACTOR'S LICENSES TO BE APPROVED BY COtJNCIL AT THEIR REGULAR MEETING ON JANUARY 6, 1975 GAS SERVICES APPROVED BY Atkins Plumbing & Heating 2531 Marshall Street N.E. Minneapolis, Mn. 55418 By: Howard Atkins W. Sandin GENERAL CONTRACTOR D. J. Kranz Company Inc. ' 2033 West Broadway Minneapolis, Mn. 55411 By: Lawrence Elsen C. Belisle HEATING , Atkins Plumbing & Heating 2531 P�Iarshall Street N.E. Minneapolis, Mn. 55418 By: Howard At}.;ns W. Sandin MASOIdRY - Nichols Construction, Inc. Route 1, Box 199A Farmington, Mn. 55024 By: D. H. Nichols C. Belisle SIGN ERECTOR Gold Medal Beverage Co. . 553 North Fairview St. Paul, Mn. 55104 By: Arthur Margot C. Belisle Lawrence Signs Inc. 945 Pierce Butler Route St. Paul, Mn. 55104 By: Mike Gifford C. Belisle Leroy Signs Inc. 6325 Welcome Avenue North Minneapolis, Mn. 55429 By: Thomas Duffy C. Belisle Midway Sign Company, Inc. 444 North Prior Avenue St. Paul, Mn. 55104 By: Arthur Kruse C. Belisle Naegele Advertising Co. 1702 West 78th Street Minneapolis, Mn. 55423 By: H. Bartolome C. Belisle ESTIMATES FOR CITY COUNCIL CONSIDERATION - REGULAR MEETING, JANUARY 6, 1975 Comstock & Davis, Inc. 1446 County Road "J° Minneapolis, Minnesota 55432 PARTIAL Estimate No: 1 for furnishing of Professional Engineering Services for planning Sanitary Sewer, Water and Storm Sewer Im�rovement Project No. 116 L $ 5,171.79 � G I � ' � � iyr' REAL PROPERTY SE�VICES � Mr. Nasim Qureshi City Manager Fridley, Minnesota 55432 Dear Mr. Qureshi: 4530 EXCELStOR BOULEVARD • PHONE 612 / 920-8600 MINNEAPOLIS, MINNESOTA, 55416 December 30, 1974 �As the real estate broker involved, I wish to outline for you the basics of ' the proposed usage of the industrial building at 7900 Main Street N. E. in Fridley, and introduce you to the principal peo�,fe of the business. i � Essentially, the building will be u§ed as a warehouse sales outlet for�a multitude of businesses. For example, if a manufacturer or a retailer had excess or distressed merchandise to sell, they could use this warehouse out— let to sell therr merchandise. Each seller will have his assigned.area to do his o�vn selling or he may consign his merchandise to be sold or auctioned. The sales will he held exclusively on weekends except for the possibility of an occasional holiday or weekday sale. This cooperative type warehouse selling will be done on a high plain, pro— viding both sellers and buyers with a unique merchandising opportunity. It is anticipated that this business will require more than average parking facilities; consequent�y, the owners will be buying adjacent land for par— king as outlined. The main principals involved in this new venture are Ross K. Pe�tersen of il ' Minneapolis and Witliam J. Olsen of Edina. Mr. Petersen is the majority stock holder of Medalie Manufacturing and is a man of high integrity who also has extensive real estate holdings. Mr. Olsen is also a man of high standards whose principal business has been managing his extensive real ' estate holdings. � � � � I hope this basic data will provide you with adequate information. If you need more details or have any further questions, please feel free to ask. Respectfully, ' ,,�2� �• 7 Leonard A. Peterson � PROFESSIONAL REAL ESTATE SERVICE IS YOURS AT RPS � LJ 1 , CHARLES.R.WEAVER �HERMAN L.TALLE VIRGII. C.HERRICK ROBERT MUNNS � -JAw1ES O. GIBBS ' WILIIAM K. GOODRICH THOMAS A.GEDDE JEFFREY P, HICKEN � � , LAW OFFICES - WEAVER. TALLE 8� HERRICK Fridley City Council 6431 UniversiCy Avenue N.E. Fridley, Minnesota 55432 Gentlemen: January 6, 1975 316 EAST MAIN STR£ET ANOKA, MINNESOTA 55303 421-Sa13 6279 UNIVERSITY AVENUE N.E, FRIDLEY, MINNESQTA 55432 5B0-3B50 FIRST STATE BANK BUII.DINC. COON RAPIDS,MINN.55433 �'S5-f330 Re: AbolisYiment of Office of Chief of Police t The Fridley City Council has xequ�sted m�r legal opinion on certain questions relating.to the abolishment of the office of the Chief of Police. This request emanates from a written request by the Fridley Police Civil ' Service Commissian in which they raised certain questions regarding the effects of said terntination. Specifical2y, the Civil Serv�.ce Gom�ission ask the following three questians: ' ' ' 1. Does the City Council have the authority to abolish the office of Chief of Police? 2. If the an.swer te No. 1 is affirmative, does the action automati.ca�ly terminate the employment of the present employee? 3. If the ans�ver to No. 1 is affirmative and the answer to No. 2 is negative, does said employee have the right to employment at the next lowest rank in the departmertt? I have d�ne a substantial amount of research on the above questions, including examination of Minnesota Suprem� Court cases, Supreme Court cas.es of other jurisdictions, and Attorney General's opinions. I have also dis— cussed this matter with members of the Attorney General's staff and with legal counsel for the Minnesota League of Municipalities. Based on this research, my opinions are as follows. � I am of the opinion that the City of Fridley does have the authority to abolish the office of Chief of Police. The leading case in Minnesota is State ex rel. Niemi v. Thomas et al, 27 N.W.2d 155 (1947). In this case, the Supreme Court of Minnesota held as follows: ' "The village council, having created in the exercise oi its discretionary statutory powers the position to which it appointed relator, had the power to abolish the position. ' The power to create an office or position carries with it the power to abolish it. State ex rel. Verbon v. County of St. Louis, 216 Minn. 140, 12 N.W.2d 193; 37 Am.Jur., , � I° � LJ _2_ ' Municipal Corporations, 5� 227; 43 C.J., Municipal Corporations, § 977. Veterans' preference statutes, under which veterans have preference rights to tenure � of a position, do not prevent the bona fide abolition of the pasition. State ex rel. Boyd v. Matson, 155 Minn. 137, 193 N.W. 30; Annotations, 4 A.L.R. 2Q7, ' and 37 A.L.R. 816. Hence, neither ss� I97.45 and 197.46, providing for veterans` preference in the tenure of public positions, nor relator's rights tfiereunder to ' preference in tenure of the position in question pre- cluded the village council from in good faith abolish- ing the position." ' Another leading Supreme Court case on the same suhject is Fricke et al v. City of Grand Rapids et al, 270 N.W.2d 697 (1936). In this case, the court also held that a municigality have the authority to atiolish a ' position. "Authorities universally sustain the proposition that a ' city can dismiss a civil service employee by abolishing the position which the employee halds. Smith v. Flint City Commission, 258 Mich. 698, 242 N.W. 814, and cases cited therein; and that a city may abolish a position ' for bona fide reasons of economy, Slavin v. Gity of Detroit, 262 Mich. 173, 247 N.W. 145. It is conceded by plaintiffs that if an office or position in the city , government is abolished for bona fide reasons of economy, the holder of that position is not entitled ta a hearing before the civil service board under the civil. service provisions of the city charter; and that the city manager ' is the person to decide how many patrolmen should be at any given time in the police department." ' The rule is well stated in 37 Am.Jur. 858 as follows: � ' ' ' 1 ' "Tenure of office statutes and civil service statutes do not prevent a bona fide abolition of the office hy the municipality. Moreover, statutes to protect the tenure of office of veteran soldiers and.sailors will not prevent the abolition of municipal offices." Having answered the first question in the affirmative, the question is then asked, does the action automatically terminate the employment of the present employee. My answer to this question is also in the affirmative. In the case of Niemi v. Thomas cited above, the plaintiff Niemi brought an action in mandamus against the City of Hibbing to compel the city to reinstate him in his former position. The Supreme Court held that the City Council had the right to terminate the position and that the plaintiff was not entitled to reinstatement. Likewise, in the case of Fricke v. City of Grand Rapids, the plaintiff Fricke and ather discharged employees brought an action for � � ' 1 ' ' ' ' ' ' ' f� ' ' u LJ � ' � , -3- mandamus to compel the city to reinstate them in their former positions. The results of this case were the same as in the previous case; that is, the position of the city was upheld. It is not necessary, therefore, to answer the third question; that is, does the employee �have the right to employment at the next lowest rank in the department. HowEVer, I am of the opinion that said employee would not have this right. There is nothing in the Fridley City Charter or Fridley City Ordinances giving an incumbent office holder whose office is abolished the right to preempt another persons position. Like- wise, there is no such authority in the Minnesota Civi� Service Act or the Veterans' Preference Act. It has been held that were a reduction in force is to be effected, veterans are to be given preference over no�.-veterans of a similar standing, but that a non--ve�eran having seniority would take preference over a veteran. However, it is my opinion that this circumstance arises only on a reduction of force of equal employees and is therefore nat germane to the above situation. VCH/jlh cc: Fridley Police Civil Service Commission Sincerely, � / / _ z� ` (/// ��'� . ` � �� i 4 �'/ ,;'� _ .,�� _,�. :1-� � ^"'-�' ..,- . Virgil C �Herrick .- �� ' ' � � I� ' � � , � � � � ' � GfQZOlCI ! ��•It,t!/`^ � O c; 19� az� ,_ao L��:�r `.J�:i.�%tf. �lir_n. 5 �43 .' 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