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03/17/1975 - 5452PATRICIA RANSTROM SECRETATY TO THE CITY COUNCIL REGULAR COUNCIL MEETING MARCH 17, 1975 r �� �� ' � ' � � � � , � � `� e � > � —i � i�, �� THE MINUTES OF THE REGULAR MEETING OF TNE FRIDLEY CITY COUPlCIL OF MARCH 17, 1975 The Regular Meeting of the Fridley City Co�ncil of P1arch 17, 1975 was called to order at 7:30 P.M, by Mayor Nee. PLEDGE OF ALLEGIANCE: P1ayor Nee welcomed those present at the meeting and invited everyone to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESEPlT: MEMBERS ABSENT: PRESEfdTATION OF AWARDS: Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick> and Mayor Nee. �lone. PRESENTATION OF PLAQUE: FRIDLEY STATE WRESTLING CHAMPIOPdS: f+layor Nee asked if there was anyone present concerning the presentation. It was 7ndicated that there would be representation from t'��e wrestling team. (Note: This presentation was given during the visitors section.) ?RESEPrTATION OF CER7IFICNTES OF AP�R[C:ATION: MS. PAPNIAM TAID?, APIERICAN FIELD STUDENT: MR. HEP�RIK FOLIN, ROTARY INTERPJATIONAL STUDENT: Mayor Nee called P�s. Taidi and Mr. Fol�n forward to receive their certificates. Mayor Nee said the City Council wanted to recogniz� and welcome the students to the City of Fridley. He said the certificates are lenqthy and he was not ooing to read them at the present time. Mayor Nee said he was happy the students had come to the City of Fridley and he welcomed them to the Council meeting. Mayor Nee presented the certificates to the students and the students thanked the Council. APPftOVAL OF MIPJUTES: PUBLIC HEARI�lG f•1EETING OF FEBRUARY 10, 1975: MOTIOPI h�� Councilman Starwalt to adopt the minutes of the Public Hearing Meeting of the Fridle�� Ci;.�� Council of February 10, 1975 as presented. Seconded by Council•,reman Kukows!:;. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unani:�iously. ' ADOPTION Of AGEPJDA: Mayor Nee indicated that the administration had presented him with a proposed resolution to be considered with *he item listed on the agenda concerning the support of a House File regarding the Islands of Peace. He also mentioned that the Human Relations Committee Chairman, Mr. Harold Belgum, wished to present a propos^�i resolution to the Council for con5ideration. Councilman Dreider said he had received several letters from residents concerned with Project ST. 1974-2 and would like to receive these communications along with the consideration of this project. MOT�ION by Councilr.ian Starwalt to adopt the agenda as amended with the addition of the items previously discussed. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM: VISITORS: Mr. Wa1t Wenholz, Coac,h of the Fridley Wrestling Team addressed the Council and . indicated he was representing the team. He explained that: the team was not present because there was an orientation for new wrestling team members and the team was currently demonstrating for ihis new group. He said the other Coach, P4r. Joe Frank, was also involved in this demanstration. REGULAR COUNCIL MEETING OF PIARCH 17, 1975 PAGE 2 .� 3 Mayor Nee read the inscription on the Plaque and th«nked t�1r. Wenholz for providing this service to tf;e cornriunity ard also for the publicity th� City had received through their accomplishments. Mr. Wenholz expressed his thanks to the community for their fine support of the Fridley High School 'n�restling Team. PUBLIC H�A°INGS: � CONTIiJUED PUBLIC HEARING ON FIfiA� ASSESSMEfJT ROLL FOR STkEET IP'PROVEMEPJT PROJECT ST. 1974-2 CO�rTItJUED FROM 3/10/i� : The C.ity Manager said tl�ere are three alt_e•rnative rolls for this assessment. One had been presented at the meeti7g the pr2vious week. Mr. Mervin �lerrrnarn, Assessor, brie�ly explained the three proposals to the Courcil and audience. The first or original roll would have the side foctage on ths vaes� side of 7th Street spread to University Avenue on Mississippi Street and south side of 66th Nvenue and one-half way tlown the blcc!� on the north side of 67th Avenu�. 'The second proposal, Alterrate Roll No. �, would assess the side fcotage onthe west side of 7ti� Street spread to University Avenue ^n Mississippi Streei, both sides of 65th Avei�ue and soul:h side of 67th Avenue. The '�hird, Alternat2 Rell Clo. 2, would assess the side footage on the west side of 7th Street spread one-half way down �he block on Mississippi Street, both sides cf G6th Avenue and south si�!e of 67th Avenue. - Mayor Nee asked which alterrative follaaved the past policy of the City ar�d the Finance Director said this was �he first one mentioned, the Original Roll. Councilinan 6reider said the normal City policy is to assess only or�e half wUy up to University. The Finance Director said the alternate rolls had been request2d because in this area, there were a couple•of streets that may never have a side yard assessment. Ne said ihis is k�here ttie change in ,�olicy had been propose�. He mentior.ed tha� in another area where a similar situation did arise, there had been a change in this policy from three to four years ago. �ouncilman Ereider asked if there was any future assessm�:nt possible for th2se properties on the westerly one half of 66th and 67th toward University. He asked if they could be assessed for improvement of the University Averue intersection. The Finance Director said not that he was aware of. He said they could be assessed some time in the �future for front assessments and curvirg, but not for sic2 screet assessments. Councilmar Breider asked if there was to be any improvemen� by the Red Owl complex, either frontor siele. Th2 financ� Director said he could not determine if there would be any development �r changes within this area. Councilman 6reider said he had received several letters from the prop�rty cwners in the area and it would be in order to receive them at this.time. ' MOTION by Counciiman 6reider to receive the communications from t•1r. �eorge Meissner, 373 Mississippi Street, dated March 4, 1975, "•1r. Roger G. Feitao, 509 11ississip;?i Street, dated htarch ll; i975, b1r. Lyl and Mrs. D1arion Y.lous, 370 66thAvenue M. �. dated March 12, 1975, and Mr. Larry E. Jodsaas, 347 Rice Creek Terrace, all in opposition to a change in policy on the assessment for ST. 1974-2. Seconded by Councilman Fil:zpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion c�rried unanimously. Councilman Breider summarized the reason that the alternate roll had been requested. He i•ndicated that he had favored the adoption of the roll that wo��ld follow the � policy which would assess the siue yard rate only one half the way up the street until he had been made aware that there is a possibility of some assessm�nt to the remainder of the people in the future. He recalled the point inade by P1r. Meissner that at th� preliminary hearing, it had been indicated thai: this would only be assessed one half way up the block. Councilman �reider said his recommendation to the Council would be to only go one- half way down the block to University on 6Eth and 67th. He said tnis would be Alternate Roll No. 2. Councilman Breider listed the costs in this �roposed roll as 528.12 for the front foot assessment for commercial property, $12.91 for the front foot assessment for residential property, $4.71 per foot for the side street assessment for cominercial, and $2.17 per foot for the residential side street assessment. Mr. George Meissner, 373 Mississinpi Street, addressed the Council and said he had � written a letter to the Council that had been received earlier in the meeting. Mr. • Meissner said he had talked to a number of popele in the area and this H�ould primarily � . ... _�34 ' L� � , C� � � REGULAR COUNCIL MEETING Of MARCH 17, 1975 PAGE ^ be about one half of the people. He said he thought he could speak for some of them in relating that they had been told at the preiimi�iary hearing that the assessment would only go one-half the way c?own the block. He said this is what Mr. Brunsell had indicated at the time of the hearing. He called the Council's'attention to the language on the public hearing notice and indicated that the area would be assessed according to the benefits received. He said if the assessment is thought of in this ]ight, it would provide a different viewpoint. Mr. P1eissner indicated that all of the people who live in the area would receive the same benefit from this improvment because this is their only access to the area. He indicated if this would be fo]]owed, the benefit would be received by the people all the way to Rice Creek. He indicated he believed the policy of the City to be to only assess the abutting properties. He said this may cause the assessment to become lower for the individuals in the area, but he thought that the Council should carefully consider this change in policy. He suggested tfiat this is an unusual situation and that perhaps the Council could consider spreading the assessment against the tax r�olls for the entire City. He said this may be a few dol?ars a year for everyone, but he felt this would be more equitable. Mr. P•1eissner said he is still opposed to any assessment in this area. � Mr. P.nger Harmon, 388 66th Avenue, questioned the status of the road between 66th Avenue and 67th Avenue. Mayor Nee explain�d, that this is a City road that had been improved by the State H�yhway Department. The City Manager said it is a City Street which is maintained by the City and this wiii continue to be the City's responsibility. � Mr. Jack Grimes, 378 66th Avenue, addressed the Council and expressed the view that if the side .road west of 66th and 67th �•reuld be assessed this would not be too costly, He asked if it would be possible to assess the property to the west side of 66th and �vest side of 67th Avenue. He said he is paying for the whole assessment no � matter how the roll is figured and thought this may be the way to do this. He said this would spread the �ssessment over a greater number of peop]e. He said this would be less of a burden on those that have to pay. He sai:i he would favor the assessment all the �vay down to Mississippi and 66th and 67th. � � �� � t � � ' � � I� Mr. Nick Garaffa, 6750 Monroe, said he thought the Council should reserve their comments to what is being done at the present time, not think of all the situations that may come up in the future concerning this area. Mr. Ellsworth Hinz, 384 66th Avenue, said he would favor everyone on the street being assessed. He indicated that 7th Street is the only access to the area.and ii. would only be fair that the assessment would be equal. Mr. Lowell McGregor', 355 66th Avenue, questioned if the corner is improved, how would the peop7e of the arc�a be assessed. He said that there �s a great deal of traffic in the area. He commented that he woul'd be willing to pay for 7th Street. Mayor Nee thought that if this type of assessment were spread, it would be very difficult for fuiure Councils. Mrs. L. W. Benner, 357 66th Avenue, indieated if �he assessment is to be spread alT the way to University, she would like to see the Red Owl er��tr��r:ce closed. She indicated there is a great deal of traffic created by the access to �he Red Owl park�ng lot on 67th. She explained that there is dirt and dust crea�ed and she would like the exit closed. Mrs. 6enner said she would 5e willing to pay her share of the assessments. ' Mr. John Larson, 367 67th Avenue, questioned the policy of the spread of the assessments in this area and asked if this would be one half the way up the block. Mayor Nee said better language to express ihe policy wouid be to say haif way to the next assessabie property. Mr. Larson said if the assessment would go all the way up the street, the area property owners would all be paying and Red Owl would pay nothing. Mr. Larson said the road is not kept up by the Red Owl store. The City Attorney said he had one word of caution for the Council and indicated it would be very difficult to show the benefit for any assessments back to Mississippi from improvement of the intersection of Mississippi and Highway #47. MOTION by Councilman 6reider to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, ai1 voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8;19 P.M. OLD BUSI�JESS: ORDI�lANCE N0. 579 - AN ORDINANCE AMENDING CHAPTER 603 - IPITOXICATiNG LIQUORS (TABLED 2/3/75 AND 3/3J75): , Councilman Breider said he hated to bring up a neva concern about the proposed ordinance, but it seemed everytime it had been considered, thrrre had been additional questions. _ __�._ . i i J� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 4 Councilman Breider said his concern was ihat there are no possible provisions for the suspension of a license. He said it had occurred to him that the only provision for suspension is that a license holder is to be of good moral character and repute. Ne said an additional provisioii may be that the license holder must: meet the 40/60 split. He suggested that some other language be implicit in the ordinance tor grounds for suspension. The City Attorney pointed out on Pa,e 6-B of the Council agenda that the language had been "and repute. If the applicant has been an o�vner, manager or employee of a saloon, hotel, restaurant, cafe, tavern or other business ef a similar nature> the City Council may consider the applicant's past performance record in determining whether a license shall be granted or�-enewed," He said this had been changed to relate to the renewal or granting of licenses. Councilman Breider said it cor�cerned him that hE 4JdS not aN�are of what kind af performance record that the ordinance would be directed to. He asked if this would mean a gambling violation, serving liquor to mir�ors, serving liquor after hours, or is there a particular item that could be considered grounds for sus�ension. The City Attorney said this provision would relate to the willful viololation of an ordinance concerning the sale of intoxicating liquor. He said the problem in this provision would be to prove that the act of violaiion was willful. Ne suggested that the Council not act on the amendments too soon. He said if the Cour.cil desired, the Administration could research this point and come back to the Council with a recommend- ation that could be reviewed at ano�her time. Councilwoman Kuko�,�ski aske� if this type of language could be incorporated in the ordinance and indicate the reasons that the Council would take a license away. The City Ati;orney said if there is a violation of the State Statutes, the City would have to revoke the license. He said it would be possible to have the same language in the ordinance, butthis wou]d not help the City's position. Ne said if the Council want to incorporate some languaoe in the ordinance to this effect to upgrade the provisions of the State Statutes, this is possib1e and would strengthen the City's position. He said the City would be allowed to determine this type of criteria. The City Attorney indicated if there is a police problem or the establishment would be a threat or enfringenient on the �iealth and safety of th° citizens, these could be grounds for the City to revoke the license and could be adcled to the erdinance. Mayor t�ee asked if the license could be revoked if the establishment was not meeting i:he parking requirements of the City. The City Attorney asked ift:ti� question referred to the people tvho were in business in the City prior to the adoption of the ordinance. Mayor Nee said he was not directing the question entirely at tiie parking provisions, he would like to know if the establishment would violate any portion of the City Code. The City Attorney indicated he would hesitate to say that a license could be revoked because someone failed to meet the p�ri�n7 requirements. He said if this would mean the existing businesses, the ordinance would have been adopted after they began �p2rations. Mayor Nee asked if the sprinkling system could be used as a means of suspensian if this is not complied with. The City Attorney answered that he could not say if this would be absolute. Ne continued to comment �hat if the Council allowed a certain reasonable amount of time for this installation, the Court after such a suspension may sustain this if challenged. � Mayor Nee said if the ordinance would indicate that the establishment would have to put in sprinkling systems and oroviue ane parking space for every three in seating capacity and the license holder says he will not do it, now the City does nothing about it. He said this would not be grounds for revoking the license, it would be a misdemenor charqe. The City Attorney said if the sprinkler provision was within the ordinance and•the time of the license had elapsed, nnd the-license holder had not compiied with this requirement, ar+d the Council proceeded to suspend the license, the Court wouid probably sustain this position of the Council. Councilman Breider said he was concerned about being fair to the license holder. He said the City should tell the license holder what they expect of them. He said a7so, the Police Department should krov� what constitutes a violation so they can bring any relevant material to the Council for consideration. Ne mentioned as an example that there is a requirement that no one should be served a drink if intoxicated. He said nne establishment may follovt this prnvision and ariother not care about it. � The City Attorney said the Council would have the authority to act on this type of violat5on at the present time. Councilman Breider said he did not think the Council ;� � was aware of what constitutes a violation tiiat would be g�°ounds for revocation. He suggested that this type of discussion be conducted with appropriate information � from the Police Department and also with the representatives of the various establish- � , � - CJ � � 1 � � � � f L�J C� �� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 5 - ments within the City. He said he did not think the Council had ever reviewed this type of matter before renewal of a license in the City. Mayor Nee asked if there was anything the Council could do anyway. The City Attorney said he did not think that this is true. He said the volume of police ca11s would have some bearing on whether or not the operation was well managed. Councilman Fitzpatrick said if such a policy is prepared, it would give the Council the right to issue or not issue a license. He said he felt the establishirient of such a policy wou]d help the Counicl in reviewing and would give the Council something to compare the operation with. The City Attorney said the Council has the inherent pov�ers and if the establishment being reviewed is such that it is detrimental to health, welfare and safety of the citizens, the Council could revoke or not renew the license. Councilman Starwalt said he agreed with Councilman Breider in that the more the Council can put in the ordinance the more defensible it would be making it better for the Council and the City. He said it would be difficult to construct the best wording. Mayor Nee asked if the other ordinances in the area had been examined. The City Attorney said the one ordinance in effect in the City had been drafted from the 67oomington ordinance. He indicated that there had been a cit�2en's cominittee established in the City of Fridley to review many ordinances of other communities. He said the coimnittee reviewed many ordinances and made a recommendation to the Gity Counci7 on what should be included in the City's ordinance. He said the majority of the Fridley ordinance had been iaken from the Bloomington ordinance. Councilman Breider said he would like to establish some provisions for the Police Department so e:�hen they come up with a violation it cou1�7 be brought to the Council. He said as it currently stands the Police Deeartment has unlimited discretion and it would be up to their personal judgement whether or not a violation had been committed. He said he did not know if they should or even wanted this type of position. He again suggested that something be incorporated within the ordinance that would establish a policy for the Administration. He suggested that the provisions of the State Statutes be incorporated in the ordinance andalso many other requiren�ents that the City may wish to establish. He said if this is not done in form of the proposed ordinance, the Administration should be furnished with a po�icy statement. „ The City Attorney said he would agree with the later statement. He commented that there had been a great deal of discussion on the policy and he thought that this policy sho�:�d be set down by the Council and passed on to the Administration fm use of the Departments invol`ved. � Councilman Breider �.sked if the Administration would bring back something to the Council in this form to be discussed at a later date. He said he would like this statement to offer recommendations for requirements that could be lived by, an explanation of the State Statutes and what the rights of the Council would be in this area. � Mayor Nee asked the City Attorney to summarize the changes in the ordinance. 7he City Attorney referred to the first of three changes on Page 2-B of the agenda book and indicated this dealt with Section 603.081. He read the addition to this Section as referred to earlier in the meeiing. He said the second change was the elTmination of the . � Section that required the manager be a resident of the City of Fridley. He said the third change on Page 2-C was deleted due to action of the legislature ���hicfi eliminated the need for the section. � MOTION by Counciln�an areider to waive the reading of the Ordinance and adopt the Ordinance No. 579 as presented to the Council within their agenda and order publication of the ordinance. Seconded by Councilwoman Kukoarski. � Councilman Starwalt asked when the ordinance would be pablished. He questioned if it would be published as it had been amended. Councilman Breider said this was the intent of the motion. Co�anciiman Starwalt questionPd if the policy to be prepared by the Adm�nistrat�on for Counc�l consideration should be 7ncluded. He referred to the proposal of listing a policy for possible suspension and revocation of iicenses. � Mayor tdee said the ordinance would have to be published to be irr,force. Councilman Star- walt said he thought that Couniclman Breider had raised some good questions and he thought that this policy should be incorporated. 'I� � � Councilman �reider said the policy could he �.ir by th� City Attorney and the Administration and this wouid not have to be a part of the ordinance. � � � ; 37 REGULAR COUNCIL MEETING OF MARCH 17, 1975 The City Attorney advised the Council that if there is some after thought for consideration or additions to the ordinance, it could be amended. PAGE 6 Councilman Starwalt said he thought this should be �•�orked out better, stating the intent of the City. Councilman Starwalt said he hoped this type of policy decision could be brought back to the Council at their next meeting. Mayor Nee asked if there was a motion to table the consideration and there was no response. Councilman Starwalt said he wouid favor the motion to adopt the ordinance, but would not want the ordinance published at this time. • UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye> Mayor Nee voting aye, Council- woman Kukowski voting aye, Councilman Sreider voting aye, and Councilman Starwalt voting nay, Mayor Nee declared the motion carried four in favor and one opposing. OLD BUSINESS: DISCUSSION REGARDING REZONING REQUEST_FOR ISSUANCE OF INTOXICATING LIQUOR LICENSE FOR AND RECEIVING HISTORY OF TNE ON-SALE BEER LICENSE AT THE FROf�TIER CLUB: Nr. Wyman Smith, Attorney for Mr. Richard Povlitzke, addressed the Council and thanked the Council for allowing the item to appear on the agenda. Mr. Smith indicated he had written a statement for�presentation to �e Council ihat duy and requested to read the statement at this time. P4r. Smith read the lengthy statement to the Council and presented a copy of the statement to all of the Council members and staff. At the conclusion of the statement Mr. Smith requested that the Council adopt the Resolution of;intent reserving the liquor license for the Frontier Club and indicated he would work�with the applicant to see that all the City requirements are met. Mayor Nee asked Mr. Smith to speak to the zoning question. Mr. Smith answered stating that the Administration had said the current zoning of the property, C-1, prohibits a tavern or a liquor establishment. He indicated he did not know how the business had operated under this position. He recalled the history of the building indicating that it had been built by the Gottwald Brothers and sold to the City. He said it was the first liquor establishmeni; in the City of Fridley. He recalled after the installation of Highway �65, Old Central became rather dead-ended and the City Council decided to sell the on-sale business. He said at first, the fixtu�°es were rented. Mr. Smith said that there should be some kind of provision in the code to waive these�requirements. He asked if the matter could be handled by the Board of Appeals. Mr. Smith said he did not think a change in the zoning would be the �vay to handle this being this is in a neighborhood area. He said it is his understanding that the provisions do not affect the existing license holder. Mr. Smith suggested that some understanding be reached on this matter and said he underst�od that this would require more appearances ai City meetings. Mr. Smith asked the Council if they could determine any reason why this request would be denied. ' Maybr Nee questioned if the zor�ing problem created a defect in the application. The � City Attorney advised the Council that this wouid not be a serious difference of opinion. The City Attorney referred to the commeni:s made by P�r. Smith within the statement to the Council. He indicated that Mr. Smith had not referred to a recent Federal case where a suit was brougnt by an applicant ac�ainst the City of Fairmont within the pro- visions of the Civil Rights Act. He said the Court upheld the refusal to grant the license made by the City Council. The City Attorney said the past business practices of the applicant can be considered by the Council. The City Attorney continued to coaunent that the Public tiearing was closed at �he request �f Mr. Smith at the time that the Mayor asked if the Public Hearing should be kept open. He said the staff had advised the Council of their recommendation and the hearing was closed. �� � The City Attorney continued to state that what Nr. Smith had said was true. He mentioned evidence would have to be presented at a hearinc� and if the applicant wants ' an additional hearing,.this alternative is still availabie. The City Attorney said � �, ;� 23 REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 7 as far as the zoning is concerned, he is not aware of a waiver that would allow this business to operate within this zoning district. He said it would have to be decided � whether or not to rezone the property or change the code to permit the intoxicating beverages to be dispensed within this C-1 zoning. The City l�ttorney pointed out the history of operations at this location and said sinc� the business was in operation prior to the adoption of the zoning code, he would consider this a non conforming use. � He said this wouid aliow the business to continue to operate as it is. He said his question would be whether or not it would be allowable to expand or change the use, he indicated he did not feel that this would be allowaU]e. LJ L�.� I � LJ � � � � � � � � � The City Attorney said he liad not had time to review Mr. Smith's presentation to the C�uncil, but he felt the zoning situation should be corrected before the Council could consider granting the license. Councilman Start�alt indicated he would like to ask Mr. Po�ilitzke a question. He referred to the intitial meetings concerning this application �vhen Mr. Povlitzke said there was no way that he could meet the 40/60 requirement. Mi°. Povlitzke indicated he had said if the other restaurants in the City are doing this, he would do the same. Mr: Povlitzke said he had been in the bar business formany years and the other people who had applied for liquor licenses had not been in th� business. He said if they are doing it, he ���ould do the same. Mr. Povlit"ke exp�essed dislike for the present delay in the consideration of the issuance of the license. MOTION by Councilman Starwalt to ade:pt a Resolution indicating to Mr. Povlitzke that the request for the liquor license for the Frontier Club be denied. Mayor Nee declared the MOTION DEAD FOR LACK OF A SECOND. Mayor Plee in�icated that the zoning would have to be resolved. He askEd if the necessary papers had been taken out to take care of the zoning �uestion. P1ayc�° Nee indicated that Mr. Smith had made a very persuasive position on the poi;�t ot the Counci "s disc�•.�;ion. Pia��or F!e�. said he felt it would be in order ,to table �he consideration of the issuance of ti;°license until the zoning is taken care of, tnis would have to be done before the license could be considered. MOTION by Councilman Starwalt to table the consideratian of the issuance of the liquor license to Mr. Richard D. Povlitake, Frontier Club, until the zoning question is processed and brought to the Council. Seconded by Councilwoman Kukowsk.i. Mr. Wyman Smith addressed the Council and urged them to adopt the Resolution of intent to issue the license at this time subject to the zoning question being resolved. He said this would give the applicant the green light and he t�fould know Nl�dt is happening. Mr. Smith said this would tal<e another three months which would total over seven months before the applicant would know what attitude the Council had. Mayor Nee said if the Resolution is passed by the Council at the present time, he felt that this would prejudice the rezoning action. Councilman Breider thought Mr. Smith antl Mr. Povlitzke shouid have some indication on whether or not the Council is going to pass the Resolution after the rezoning is taken care of. UPON A ROLL CALL VOTE, on the motion. to table the consideratio n of the liq:aor ticense, Councilman Fitzpatrick voting aye, A1ayor Nee voting aye, Councilwoman Kukowski voting aye, Councilr:;an Breider voting aye, and Councilman Starwalt voting aye, Mayor Nee declared the motion carri�ed unanimously. CONSIDERATION OF PROPOSED LEFlSE AGREEMENT BETWEEN THE CITY OF FRIDLFY AND THE SPRING- 3ROOK NATURE CENTER FOUNDATIOfd FR0��1 �1EETING OF 3/3/75 : Dr. Richard Trezona, Chairman of the Sp�°ingbrook Nature Center Foudnation, addressed the Council a.nd explained that he had several discussions with the City Manager concerniny the proposed lease. He indicated the proposal had been reviewed and he would like to discuss the items in the lease one by one. Dr. Trezona directed the Council's attention to section four and said there were some changes within this section. He said the Foundation had recommended that the last sentence in the first paragraph be deleted, Dr. Trezona read the sentence that he had referred to. I�e also pointed out that the Foundation and the City agreed that the paragraph in the center of section four be deleted. Dr. Trezona continued to comment that the Foundation had expressed the desire to add °In addition" to the first part of the sentence in the second pu;•agraph concerning the availability of funds and their application. i � � 3� THE REGULAR MEETING OF THE FRIDIEY CITY COUNCIL OF t�ARCH l7, 1975 PAGE 8 Dr. Trezona referretl che Council's attention to Section Five and said the Foundation felt this section should be deleted. He read the Section and explained he thought this to be an unnecessary performance.clause and the Foundation thought that this should be deleted. Dr. Trezona explained that th? Foundation also felt that Section seven shoulG be deleted because it violates the provisions for funding on the regional nature center concept. He said this language would eliminate the project from obtaining f�mds from the Metro Council. He indicated �hat this also violates requirem�nts in obtaining LAWCON funds. Dr. Trezona referred to Section Nine and irdicated t�iat there was some question as to what is norMal police and `ire protection. He indicat2� that if there were to be any large groups using �ne area, the Fouridation would arrange for extra police pro�eciion and reimburse the City for this. He mentioned he had discussed•this point with the City Manager and the City �Sa�ager had er,plained w�at_the normal �rotectionwculd co�sist of but this still puzzled him. He indica�ed t;�at he felt there were enougii provisions built in the lease agreement wherr the City is in complete control of the activities. He said he fel' someof the fears stiould be eliminated because the Foundation had no desire to take over. Dr. Trezona thouyht the provision t��a� the Fcundation was to work with t�e City Manager and check for advice and approval �NOUId be surficient in this section. Dr. Trezona said he felt Section ten was fine as it stood. He indicated tf�e phrase "and shall not be unreasonable with respect to the proposals by the Foundation", had bee�added to prevent any member of the Council from 62ing arbitrary. Dr. Trezana proceeded to po�nt ou� that in Section Eleven, their at�:orney had advised the Foundation that the City should be respoi�sible for a. cer�ain amount of �he insurance coverage th;e t� e Founda�ion resp�,nsible for their OWtI porticn. F1e indicated the amoui�t had been added because this figurE had been determined appropriate by the insurance carrier. Mayor f�ee asid if anyor�w wished to comment on Section four? Councilman Starwalt questioned if the North Park area was to be develooed as a golf course, would t�e City be r2soonsib1e for the maintanarice of the greens, etc. Dr. Trezona said he could not answer the question. He sai� he feit the question unrelated to this proposed uaage. Councilman Starwalt said the ma'�;enance of the golf course wou1d be paid by user f2es. Gr. Trezona said t.he maintenance of the gr�l` course :Eould require special types o� �c�uipm.e�t and their request w,ould only involve some brushing, etc. Dr. Trezona pointed o�;t that ne reaiized ti�at the City Fia�� not budgetrd for extensive maintenance of the area, but they are presen�ly takirig care of the otl�er green areas in the City. Ceuncilman Starwalt said he was rot satisf�ied v�ith �.he mainter�.�nce portion of the lease. Dr-. Trezona said the Nature Center Director and the City Manager would work together and decide anc; if a decision cannot be reacf�ed, tl�e matter v,�ould be brought to tl�e Council. Cour�cilman Starwait said he felt the burden is being placed on the City. Dr. Trezona said he f�lt this woul� be the City's respor,sibility, it ���ould be the City's nature center. Fle said t1?is oroposal ti�as rat.for significant maintenance of trails and equipment. Mayor Nee asked what share of the oblication v,�ould be the Four�da�ions. Dr. Trezona said any±hing the natui�e center initiated would be the responsibility o; the Fou+�dation. Councilman StarVial� said the statement in Section Four, begir,ninn with "The cost" etc., would be a safe guarrl for �he City. Fie said he would be vailling to leave this portion in the lease if a list v!ould be made up with the star.dards jobs being the City's responsibility. Courcilman Starwalt said I-ie could see some probiems that may be crsaied vrith the City staff keeping the responsibil- ities separate. Dr. Trezona said the solution to this would be L�,at this would be handled by the City Manager ana tl�e Dlature Center Director. He said it would have to be determinec! whGt the�Foundation v�ould huve to pay for and alhat would be furnished an a regular basis. Councilman.6reider said I�e would be wil1inr to live with this provision if the Foundation and the City Marager make u�i a sch4dule and it coul;l be agreed what sh�uld be included in the schedule. Councilman Ereider said the Fourdation is concerned with external access in mdintenanc� � such as plov�ing etc. He asked if the nature center wou'fd assume the responsibility �,—, for the internal maintenance of the nature center. ' � � � � � ' � ' � � 40 REGULAR COUNCIL MEETING OF MARCH ]7, 1975 PAGE 9 Dr. Trezona said he would be willing to ieave ihis section as it is if a schedule is set up. Mr. Dan Huff, Naturalist/Resource Coordinator, addressed the Council and indicated if the perimeter type of care is what is indicated by this section, it should be rewritten. Mr. Huff read from the Section in question which dealt with matters such as tree trimming, grass cutting, fence maintenance and parking lot maintenance, etc. He said he thoughi the maintenance of the parking iot would be internal. He reiterated, this should be rewritten as it is now clearly indicating interr�al functions of mainten- ance wouicl be the City's respensibility. Mayor Nee asked if there would be some way of making this a negotiable thing. The City Manager said it would be done as Dr. ?rezcna had suggested and this would be that the City provide provide an service that is requested if they are capable of this, and experience would show the City and the Foundation what the criteria areas vaili be. He mentioned the City is involved in program budgeting and there would have to be a label attached to the expense. The City Manager further pointed out that the agree- ment could be amended in the future if this is necessary. Dr. Trezona agreed that if there are any problems, they could be discussed and changes could be made. Mayor Nee asked if anyone present wished to react to item number Six. Mayor Nee said he felt if this Section was left in, it wouid put North Park open for another campaign issue in the future. Dr. Trezona said this was also his feelinc. Councilman Fitzpatrick said he believed the point of the Foundation which is that number six is taken care of or provided for with Section Five is true. Mayor Nee asked if there were any quest�ons concern�ng Section Seven. Councilman Fitzpatrick said he felt this was a different matter all together. Councilman Breider asked if number Five is left out,°wouid there be any basis for not continuing the lease. The City Attorney said the City would have a difficult time i;erminating the lease if the Foundation did not live up to the development schedule. Mayor Nee said he felt the community would like to allow the Foundation �=ive years to develop the pro;erty. The City Attorney said if the Council wou:a like a clause for non-conformance, this section sho.uld be included. Counci7man 6reider said that he could not find any- thing in the lease other than the section suggested for deletion even if both parties are agreeable. The City A`torney advised the C�uncil that the lease could be modified in the future if both parties agree to the change. He said changes could be maCe by mutual consent. He also mentioned if one group want to change the agreement and the other did not want to, this could not be done. � Mayor Nee asked what might constitute failure. Councilman Starwalt said the Foundation may not be able to come up with the funds. He•said the funds would be necessary to developinent of the ar�a. Dr. Trezona said the property at North Park is a nature center as it is. He indicated that the Founda±ion would not have to put up an � expensive structure to create a nature center. Dr. Trezona said the Foundation had the potential to raise the funds one and a half years ago, but with the current state of the economy, it may take from one to two years to obtain funding. ' Councilman Starwalt said lie hoped that the He indicated he would like to represent all people. flr. Trezona said ;;he nature center he suggested there may be 800 supporters. many people who did not vote on the matter. LJ � L_J LJ � non performance clause could be included. of the people in the City, not just a few supporters are very strong in the City, Councilman Starwait said there had been Mayor N2e said there is not a cancellation c7ause in the Islands of Peace Lease. Councilman Starwalt said this is true. He said they did not have an obligation to the City and he had not heard that there was anyone wanting to tie up the land from the City regardless of the method. He said there is not another group that objects to the development of the Islands of Peace within ihe City as there is within this program. Councilman Starwalt said he questioned the initial five year term and he would like to make a brief statement concerning this. He said he had a problem going to the five year program without seeing some kind of a plan. He questioned if a plan should be submitt2d to the Council before the lease is entered into. He thought there should be some public hearings on the plan andthen the Council couldgo into a contract. Dr. Trezona answered statinq no one is going to spend this kind of time on a pian without approval of the lease. He asked what kind of detlication the City thought the people in the Foundation had. He mentioned the people in the Foundation had been working with the City for years. Councilman Starwalt said they had discussed this Lefore and he did not agree with Dr. Trezona. Dr. Trezona said Councilman Starwalt had given the Foundation $50 and tf�ey appreciated th9s donation. He indicated that the first function of the Foundation would be to turn the membership into a financial committee to raise funds. He said if the Foundation is not able to raise tf�e funds, they would come 41 REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 1Q straight to the Council and tell them. He said at this time, they could have an additional meeting of minds. Councilrnan Breider mentioned that the Islands of Peace had been commented on. He indicated that these were two different type of properties. He menitoned that the tax payers in Fridley had contributed to the acquisition of North park and there had been two distinct proposals for development. He thought the five year lease would be a long term for a non-cancellation type agreement. Councilman 8reider said if these people are given this amount of time to perform their function, this would be adequate. He also felt that it would take about five years for the area to be built up. He thought the five years would be a good time frame. He said the City would be able to look at the total proj2ct and �ahat has happened a�,ound the area. He said there is building all around the area in Coon Rapids andalso to the south. He said the proposed five years might be a good time period. MOTION by Coucnilman Fitzpatrick to delete Section Six of the proposed lease agreement. Seconded by Councilwoman Kukoti�ski. Upon a voice vote, Councilt��oman Kukovaski voting aye, Councilman Breider voting aye, Councilman Starwalt voting nay, Councilman Fitzpatrick voting aye, and Mayor Nee voting aye, Prayor Nee declared the motien carried four to one. Mayor Nee referred the Council's attention to Sectian Seven and said this concerned the citizens of the City of Fridley getting first preference for the use of North Park �lature Center. Councilman Breider referred to the last meeting of the Council when Mr. Mark Noble was present and had indicated that Richfield had a system as was proposed by the lease agreement. He said the area schools were given some preference of use. He asked i�hy this preference would work in 2ichfield and not in Fridley. Dr. Trezona said he did not know 1;h� Ric��f�i.ntd oroc�G��res.__ Fle explained if the nature center was to benefit. by the Pletro Council runding, they could not give preference to one group. Mayor Nee said as a practical matter, the Director would be able to schedule with some sort of preference without this clause being in the agreement. Mrs. Lee Ann Sporre, 301 Ironton> addressed the Council and indicated that each nature center is handled differently. She pointed out that she had read this as an exclusionary tactic. She explained the situation with the various school districts and boundaries that do not fo1lowthe City limits and indicated that not all the students would be able to receive the preferen+�ial treatment if they lived out of the bounds of the City. She mentioned that in School District No. 11, not all of the students would live �n the City. She indicated that the only Sct�ool District is completely within the bounds of the City and this is School District Pio. 14. Counc�lman Breider said he did not think this was the intent of the provision to exclude any member of Gny school district. He indicated that he �^�euld not want the Hennepin County Schools to receive preferential treatment over the area schools. 7he City Manager said under the provision for r�urr�ber Five, the Council would be able to review the policy. Dr. Trezona a�reed stating the City Council has the control. MOTION by Councilman Starwalt to delete Section Seven from the proposed lease aqreement. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye Mayor tdee declared the motion carried unanimously. Cr. Trezona referred to Section Eight and thought this should be determined by the City Manager and Director of the Nature Center. MOTION by Councilman Starwalt to delete the portion of Section Eight underlined and beginning with "and similar" and adding the portion in parenthesis beginning with "under the direction of". Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Trez.ona went on to explain that vaithin the City's suggestion for Section Nine, he did not understand what "normai" police and fire protection meant. Mayor Nee asked if this could be left the way it is. Dr. Trezona indicated he would agree to leaving this section as suggested by the City Manager. MOTION by Councilman Starwalt to adopt Section Nine as recemmended by the Administration. Seconded by Counci1woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee questioned the statement within Section Ten that referred to unreasonable �` actions on the part of the Councilmembers. He asked how it would be established what is unreasonable. Dr. 7rezona said this had been s�.ggested by the Foundation's legal I ' Counsel. � _ �.� � REGULAR CQt1NCIL MEETING QF MARCH 17, 1975 t , MOTION by Councilwoman Kukowski to approve Section PJo. 70 as proposed � with the addition of the statement "and shall not be unreasonable with proposals by the Foundation". Seconded by Cquncilman Starwalt. Upon all voting aye, Mayor Nee declared the motion carried unanimously. I � , 1 �_� � PAGE 11 within the agenda respect to the a voice vote, Dr. Trezona went on to explain that the provision for the �3000,000 public liability insurance had been obtained from an insurance company. He said perhaps this Section (Section Eleven) should be defined for use. He said he a�ould be willing to accept the City's proposals on this section. He said the Foundation believed that the City should buy what is needed by them and the same for the Foundation. Mayor Nee said the City already has insurance. Dr. Trezona said the Board had ta.ken action on the insurance matter so that the insurance would be in effect immediately following the signir�g the lease. The City Attorney said it may be better language to indicate that the responsible parties should take care of their share of the insurance: Mayor Nee asked who would be responsib�eir. �a�'_ of a law suit. The City Attorney said both parties would be joined in a suit. Ne �id he was not sure the City's insurance would cover the Four.dation. He said the �oundation should not re3� on the City's ir,surance. The Ciiy Atiorney suggested the foilowing language, NdeqGate public liability insurance should be provided by the Foundation in the amount which should be deterr�iined by the City and Foundation and not be less than a certain dol]ar figure." Dr. Trezona asked if the content of the original proposal wou7d be suitable to the City. It was the censensus of the Council that this language would be acceptable. The City P1anager asked if a minimum limit should be worked with. Mayor Nee said this Section should read,, "Adequate Public Liability Insurance shall be provided by the Foundation. The amount shall be no less than $300,000 and shall be increased as necessary. Councilman Breider asked if there had ever been any resolution concerning Section � Four. Mayor Nee said the Council had not voted on this section. The City Manager indicated that he thought the Council k�as planning to leave this section in as it stood. � � � � Councilman Starwalt said the cancellation clause in Section Six is deleted. MOTION by Councilnan Fitzpatrick to approve Section Four as propose�' by the Adminis�ration Seconded by Councilwoman Y.ukowski: Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarimously. Councilman Starwalt made a brief summary of the reasons he would not vote in favor of the�deletion of Section Six. He felt the deletion of this section would violate the rights of the people he represented. He questioned the City Attorney on this point. The City Attorney advised Councilman Starwa?t that ihis was not a legal question. MOTION by Councilman Fitzpatrick to approve tite lease agreement as modified and approved through the current dicussion. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilman Fitzpatrick voting aye, Ma,�or Plee veting aye, Counciiwoman Kukowski voting aye, Coun�ilman Breider voting aye, and Councilman Starwalt voting ,�ay, Mayor Nee declared the motion carried four to or�e. Mayor Nee inciated that there was also the matter of the letier from the Foundation � on the agenda. Dr. Trezona read the letter aloud to the Council and audience. Dr. Trezona explained while the Foudnation was working on North Park people ca11 and ask about the prograins and what is going on in North Park. He mentioned if it would be in the scope of what Mr. Huff is able to do, he thought the City should take advantage of North .Parks's fullest potential and he invited Mr. Huff to attend the � meetings of the Fouri?ation. He said the Foundation would work vaith Mr. Huff if he would work with them. MOTION by Councilman Fitzpatrick to receive the letter from the Sprinpbrook Nature � Center Foundation dated March 11, 1975 inviting th`� Naturalist/Resource Coordinator to attend themeetings of the Springbrook Nature Center Foudnation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. RESOLUTION N0. 41-1975 - CONFIRMING ASSFSSMENT FOR ST. 1974-1 STREET IMPROVEPIEPJT PROJECT TAQL[D FROM 3/10/75 : _ MOTION by Councilman Breider to receive the letter from the area residents concerning the proposed side lot assessment of 6f3th Avenue between 7th Street Terrace, dated March 14, 1975. Seconded by Council�•roman kukowski. ali vating aye, Mayor P�ee declared the motion carried unanimously. and Rice Creek Upon a voice vote, �� REGULAR COUNCIL'MEETING OF MARCH 17; 1975 MOTION by Councilman Breider to adopt Resolution No. 41-1975 for ST. 1974-1 Street Improvement Project with the original would not be spread across the street>and which follows the Seconded by Councilman Fitzpatrick. PAGE 1.2 confirming assessment roll where tlie assessments policy of i:tie past. Councilman Stai°walt asked why the roll would not go across the street. The City P4anager said when this type of assessment was spread in the past, it did not go across the street. The City Manager further explained if the Council would like to make some improvements in the future, across the creek, it could be potentially spread back to this area. He also indicated if there are ever walkways installed, this could also •be assessed to these property ovaners. He indicated that the Council should stick with the policy and try to be as equitable as possible. Mayor Nee said the people on the other side of the street had been notified concerning the hearings on the assessment. Councilman Breider said "e would have to draw the line on the policy matter. He said this may be the best possible spread, but he felt it would be better to follow the policy. Councilman Scarwalt questioned the method oi assessment 'isted on page 5-C of the agenda folder. This assessment would spread payment on both sides of the street and all the way to University on.Rice Creek Terrace. Councilman Breider indicated he thought there would be real problems with the adoptien of the roll indicated on 5-C. A resident of the area addressed the Council and indicatedhe had lived in the area for 15 years and he had never used the road that he would 6e assessed for under this proposal. He indicated that this wouid change the policy and they would be liable for assessments in the future if the side street were improved again. He indicated that he objected to the lack of consistancy.. Councilman Starwalt said he felt it was difficult to agree to what is eguitable. A resident of the area indicated the people in this area never use 68th for access, this would cause them to double back. He said they use 4th Street for access. The City Attarney addressed the Council and pointed out that he is a resident of the area in question and resided on the north side of Rice Creek Terrace. He sai.0 from a legal standpoint, he did notthink the Council should accept the roll on page 5-C. He said it would be difficult to prove the benefit for the people living all the way down to University from the improveinent of 68th Avenue. Councilman Starwalt said he would like to talk against the originai roll and said he favored the roll on page 5-C of the agenda booklet. Councilman 6reider indicated that this particular roll wou�d cause problemS because the Council had indicated that they would not go across the street. Mayor Nee said if another roll is adopted which would vary in policy, a statement concerning this adoption should be placed in the resolution of adoption. Councilman Breider said if another roll is adopted the Council would be changing the policy and this should be specified in the resolution. Mayor Nee asked if there would be any financial problems in holding the consideration of the resoluiion until the riext meeting of the Council to allow the Administration time to prepare the necessary resolution. The Finance Director, Mr. Marvin arunsell, saio the interest had been coinplied within the roll of assessments unti1 the end of the month a�nd the roll would have to be recomputed if there was to be a delay until the next Council meeting. Councilman Starwalt asked why the assessment on page 5-C could not be adopted if they would agre� on this one. Mayor Nee asked if the policy for this area and the change in policy couid be defined. He asked if a policy could be written which would be consistant with this type of problem. Tl�e City Manager felt that there may never be an area such as this in the City. The Finance Director said he could not think of another area, but he would. not want to rule out this possibility. Fie indicated that everyone would not come out even in any assessment roll. He indicated no matter how the streets are shapec� or assessed, it would not be possibile for the assessments to come out the same or equaly. He asked if the founcil's intencions could be put on paper. Fle said this may take care of this assessment, but what about last year's assessment rolls. .�� ' �44 P.�G.ULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 13 t. Councilman Fitzpatrick said he thought the statements made by the Finance Director were � true. He said in the City with a creek cutting through it, you are going to have areas with no side street assessment. He said ihere wi11 also be situations ��here there will be the creek with no bridge over it. Councilman Fitzpatrick said it seemed to him that this situation would occur again. � � � LJ �� � � , � ' � Councilman Starwalt said if the aiternate roll is adopted, it would set a precedent. Mayor Nee said th policy could be that the roll is adopted as assessed to the next assessabje side street> and there would be no pro:�lem at all. The Finance Director questioned what would happen in areas vahere there is no,main ai°tery into the area. He asked what would the Council do in this instance. He said according to the proposai, all of the people of the area would have to be assessed. The City P1anager said this type of policy was not followed with the assessments of 4th and 6th. He pointed out that there is never going to be a 100% equitable assessinent. Mr. Nick Garaffa, 6750 Monroe, addressed the Council and indicated he felt the original roll was workable. He asked the Council to consider the current situation, not all the possibilities of the future when considering the assessments. The City Manager pointed out to the Council that 90% uf the streets within tr�e Ci±y had been improved and this policy had been followed and proved to be workable for the 90%. He questioned if it would be fair to the people who had already been assessed if the policy were changed at the present time. He said the Council should adopt the roll according to the past policy, it would be more defensefull. The Assessor, Mr. Mervin Herrmann, pointed out to the Council that there were about four streets in the City in the saine situation and the others had not been assessed across the street. The City Attorney recalled that this was similar to the case of the assessment of Madison Street. Mayor Nee said yes, there was a similar situation in this area. ' �IPON A ROLL CALL VOTE, Mayor Nee voting aye, Council�„�man Kukowski voting aye, Courcilman Breitler voting aye, Councilman Starwalt voting nay> and Cour.cilman Fitzpatrick voting aye, Mayor Nee declared the motion carried, four ayes and one nay. Mr. Richard Harris, 6200 Riverview Terrace, addressed the Council and indicated he objected to some of the costs of the project. lie mentioned the amount of 52,300 for engineering of the project by Comstock and Davis, Consulting Engineers and also objected to ti�e retaininq wall being included within the project. He indicated the wall to be temporary and if he wished to gain access to his property, a portion of the vrall would have to be removed. Mr. Harris said he did not feel the problem with the older home and its situation was the obligation of the remainder of the property owners in the project. Mr. Harris indicated he felt this would be between the City and the property owner. Mr. Harris said all of the people in the ai°ea object to this wall because they are not receiving any benefit. Mr. Narris said he would like to propose that the Councilfind some soiution to the retain7nforatheproblem and that they also take note that the people of the area should not pay replacement of the approaches. He added, he objected to some of the practices in construction of the project and mentioned that the contractor should have removed the stumps from the area. 1 The Public Works Director indicated that the vra]1 was a part of the alley project bec?<<ise this was needed to have the property match up with the development of the area. He indicated it was very important that the home be saved. He also said if this had i�ot been done> the City would be facing a liability claim. The Public Works ' Director stressed the fact that the wall was a necessity. He indicated that this was following the policy of the past and also mentioned that perhaps in the future the wa11 could be salvaged and a credit given to the people of the area. � ' � Mr. Harris repeated his thought that he did not feel that this was anybody elses problem, it was the problem of the man who owned the house. Mayor Nee disagreed with tne comment and stated, not when there is a change in the grade. Mr. Harris said he thought the City should have priced tne contr•act with concrete streets rather than bituminus. Ne indicated that with the increasing costs of oil products, the project may have Ueen comparable with concrete. He said the pe�ple of the area should be contacted to determine if they would rather have the more permanent improvement with concrete or pay a c�reat deal for bituminus v�hen it will not last as long. Mayor Nee said he thought this to be a good point. �--� �5 REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 14 Mr. Harris explained the people of the area had gotten together an� agreed that the area was to be improved, but indicated they wanted the City to take care of the improve- ment because they were unable to re��ove tl�e fill from the area. He said now the Qroblem is that the alley has been improved and the fill is still in tne area. He again stated that he would have to take down the wall to get the fill out of his property. He sa�i� he had bought the property because of the fill. Ne said he really objected to the improvement methods. He mentioned that all of the problems had occurred because the house had not been placed in the proper location and extended into another property. Mr. Harris said he believed this to be the problem of the property owner, not his and the remainder of the people on the block. � The City Manager explained that this policy would have to be followed in the case of anyone's house within the City. He said the City had two choices, they could have acquired the easement which would have included the house or they could have constructed the wall as they did. He said the wall vrould have to be strong enough to hold the house whether the house was to stand there `or one month or ten years. He mentioned that the house had been constructed back in 1940 when.there was no City government and there was no one to determine if the construction was within the City requirements. The City Manager said the Council valued Mr. Harris' opinion, but the position of the City would be to pr�. ect everyone. He said if the City v�ere to be held liable for the house, the cost would have mounted to a higher fiyure. He said thiswould be done no matter what the value of the house would be, if the house is there, it would have to be protected. The City Attorney advised the Council that this point was true and there was no doubt about the City's responsibility to protect the property. The City Manager mentioned that the flagstone was the least expensive thing and aTso the strongest material to use. He said that railroad ties would allow the potential for movement. The City Manager said the City could have put in a block wall. He indicated that the peaple would have to put some faith in th e judgemei�t of the staff. He also mentioned if the property was acquired through condemnation, the assessment would have been much more because of the legal fees and appraisals, etc. Mayor Nee pointed out that if the wail were constructed from railroad ties or stone, the price may be comparable because it is the labor costs that are the highest. Mr. Harris indicated the feeling that the City could have gotten together with the property ownei°s. Mayor Nee asked the members of the Council if they had any desire to amend the resolution. Ca��ncilman Breider said ;7e di!+ not +,�ish to ar�end the.f�eso'utier. . Mr. Harris indicated it would seem to him that the minute there is an assessment hearing, the Administration feels they have been given a blank check. Mayor Nee said he c�id not think this to be true from his expreiences. He indicated that the City Administration makes a great effort to save trees and see that the drivev�ays arz installed correctly. He indicated that the people in sorne areas had compliment.ed the Administration on thei�° cooperation. Mayor Nee said that perhaps this was not the case in this improvement. - RESOLUTION N0. 42-1975 - CONFIR,1ING ASSESSMENT FOR ST. 1974-2 STREET IMRPOVEf4ENT PROJECT TABLED FROM 3/10/75): AND RECEIVING COMMUNICATION Ih OPPOSITTON FROM ROGER G. FREITAG: MOTION by Coucnilman Starwalt to receive the communication from Mr. Roger G. freitag, in opposition to the assessnient, dated March 11, 1975. Secontled by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider said he had been looking over the roll and referred to the area of 79th Way in the area of the cul de sac. He asked why the triangular piece of property was not included in the assessment roll. The Assessor, Mr. Mervin Fferrmann, indicated that this piece of property contained a large piece of easement with would make the property unbuildable as it stands alone. fie indicated that the easenients were for Minnegasco, NSP and the Sewer Board. 7he Public Works Director sadi there were a few problems in this area with the property. The Assessor inc;icated that the property had been up for sale for quite some time for` for tl�e amount of $500 and there N�as � � � 4F � t � � � � �.J � ' � 1 � � � � REGULAR COUNCIL' MEETING OF MARCH 17, 1975 PAGE 15 $800 in assessments due on the property. Councilman Breider questioned if there was any access to the piece of property with the improvements. The Assessor pointed out there would be access through the use of the cul de sac. 11e reiterated that the p�°operty had ��ery little value. Councilman Breider said it did not seem fair that no one picked up these assessments, thelot would be getting the improvement free. Councilman Breider asked if there would be anything to assess the improvement against if the property became tax forfeit. The City Attorney said in this case, the City would never get its money back. The Assessor said the assessments wouid not be paid in this case. Councilman�Breider asked the Public Works Director to place the proposal for the original roll on the screen. ' MOTION by Coucnilman Breider to adopt Resolution No. 42-1975 confirming the assessment roll for ST. 1974-2 Street Improvement Project and adopting the Alternate Roll No. 2. 5econded by Councilwoman Kukowski. Councilman 6reider said he was having the same problem with this area as he had in the R�ce Creek Terrace area. He indicated he could not promise the people that they would not get assessed for side yard. He said the proposed roll is the most consistant with the policy of the City. A resident of the area asked if there was a segment of 66th not being assessed. Cou�;cil- man Breider indicated that the Council could not say what would happen in the future. Another resident of the area said the people hav� no other exit from the area. She questioned why they should not pay for iC. Councilman Breider said he could see an assessment on this area from Mississippi.Street. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Council��roman Kukowski voting aye, Councilman'Breider voting aye and Councilman Starwalt voting nay, Mayor Nee declared the motian carried four to one. RESOLUTIOtJ N0. n3-1975 - CONFIRP1ING ASSESSMENT FOR ST. 1974-4 STREET IMPROVEh1E�lT PROJECT TAQLED FROM 3/10/75 : � The Public Works Director summarized the history of the improvements in this area and indicated that Anoka County had estahlished this as a County Roadway and would be picking up the costs for the street improvement. The people of the area will be assessed for one half of the curbing and gutter at �3.77 per foot and tne people on the north side of the street would be assessed for the sidewalk at $5.53 per foot. The Public Works Director stated the sidewalk was being assessed because this followed City po7icy. Mayor Nee indicated that the people of the area had appeared at the hearing and said they thought that one side of the street a�as being assessed for the sidewalk when the entire area was benefiting from it. MOTION by Councilman Starwalt to adopt Resolution No. 43-1975 confirming Assessment for ST. 1974-4 Street Improvement Project. Mr. Nick Garaffa addressed the Council and indicated the way the grade was cut on the south side of Mississippi, it would be almost impossible to install a sic?ewalk. He thought it was almost impossible to inst;allit because of the undergrountl utilities installed. The Public Works Director said it would take extensive construction to install the sidewalk on the south side. He added, it had also taken extensive cons"ruction to install the sidewalk on the north side. Mayor Nee said this should have been brought up at the hearing. Mr. Garaffa said he had talked to Councilman Starwalt about this the previous night. Counci]man Starwalt said he believed in time to come, there will be a sidewalk on the south side of the street�also. ' • SECONDED BY Council:�aoman Kukowski. U{�on a roll call vote, Councilman Breider voting aye, Counciln�an Starwalt voting aye, Councilman Fitzpatrick voting aye, hiayor Ree voting aye, and Councilwoman Kukowski ��oting aye, Mayor Nee declared the motion carried unanimously. � � 47 REGULAR COUNCIL MEETING OF MARCN 17, 1975 PAGE 16 RESOLUTION N0. n4-1975 - CQNFIRPIING ASSESSMENT FOR SEWER, WATER AND STORM SEDJER IMPROVEMENT PROJECT fJO. 114 T.4aL[D 3/10/75 : AfdD RECEIVING COMMUNICATION REGARDING STORPf SEWER ASSESSMENT POLICY - HARRIS LAKE ESTATES ADDITION: ^ The City Manager indicated the memo in the agenda to be from Mr. Marvin Brunsell, finance Director, in response to the comments made by Mr. Dave Narris at the previous Council meetirg. He said Mr. Harris had made the point that al1 property should be assessed equally. THe City ��1anager indicated in this area, the City used subdistrictsand the assessments would be equalized whtn the entire district is completed. He said the remainder of the information ir the agenda is �•�'�at had been presented at the previous meeting with the exception of a proposal that the properties within Area E be required to bear higher than originally proposed. The City Manager referred to the proposal of Mr. Harris that some of the money that would and ha�' been escrowed within the larger district and within other subdistricts be transferr�� to this project. He indicated it was the Administrations feeling that this procedure would not be legal. The City Manager pointed out the third point raised by Mr. Harris to be that he had been told at the time of platting the property that the huilder of the homes in this area would be required to escrow $800 per lot at the time of acquisition of the building permits from the City to take care of ±he storm sewer. The City Manager said that on some of the properties the assessment would be in the area of $1,200 p2r lot and Mr. Narris,though':i;i� exceeded the $8Q�. THe City Manager said the staff had rese�rched this question and had not been able to find �ahere it had been determined that the $800 per lot would be the maximum amount for storm sewer. He said the price fer the improvement of storm sewer would be a maximuin of $8 per 100 square feet. The Public Works Director summarized the assessment to each of the districts under the proposed assessment rcll as follows: Area A, $2.08 per 100 square feet, Areas D and C, $3.69 per 100 square feet, and Area E, $7.69 per 100 square feet. Councilman Starwalt asked if the developer had dedicated land to the City. The Public Works Director said 'ne had dedicated land for parks under the requirements of platting, but the City hac! acquired the ponding area. � Mayor Nee referred to the previous meeting of the Council and said the Public Works Director had indicated the dredging had increased the holding capacity of the pond. The Public Works Director said now the ponding area wili take care of other subdrainage districts also. F1e said before the area of drainage u�as undefined. The City Manager said that the area draining into the pond had been greai.ly increassd. He said the area to the east and south is being drained by pipinq into the pond. Mr. Dennis Schneider asE;ed who the City had bought the pond from. The Public Works Director said Mr. Dave Harris. Mr. Schneider as4;ed v�ho Mr. Harris had purchased the pond f•rom. The Public Works Director aid he did not knotia. He added the land had been purchased from 13 people and it had been consolidated. Mr. Schneider said he had ta'.�:ed to Nr. Frichie, and Attorney at DNR and questioned the point made by the City Attorney at the previous meeting concerning the City being prohibited from directing drainage of storm water to private property. Mr. Schneider said he had been told that there are no statutes with this require�r�ent. Ne indicated that Roseville is currently doing this. Mr. Schneider said if the developer is paying for the dredginq of the pond, why are the people's assessments in the ar•ea being brought up to �8 per 100 square feet. Mr. Schneider felt that the people in the other areas should pay less than this. Mr. Schneider said the decision of the Council could not be appealed by class action, this would have to be done individually and this he indicated to be obviousiy impractical. He mentioned the City had advised the people who do not agree with the assessment roll to appeal tha action. Mr. Schne;der said he fe't the assessn�ent was being pushed down the people's throats. Mr. Schneider addressed Councilwoman Kukowski and indicated at the time she had campained for her Council position, she had indicated she would represent the people and receive their comments. He also mentioned�that this had been the case in Mayor Nee's � r i ' ' , � � � � � f_ _J � � � �� REGULAR COUNCIL MEETING OF MARCk 17, 1975 PAGE 17 campaign co�nents. Fie asked that they consider these comments and support the people of the area. Mr. Schneider also ccmnlented thc the City Manager had only addressed his remarks to Mr. Harris at the previous meeting of the Council. Mayor Nee said he would like it a matter of record that the City Manager's remarks were adverse to Mr. Harris. Mr. Ken h1oxness, 1604 66th Avenue N. E., addressed the Council and asked the Council what the difference would have been if the City had bought the land and put in a holding pond raiher than a fancy pond. The Public Works Director said there would be no change. Mr. Moxness asked how many acres of storage had been in the area before the improvement. The Public Works Director said the ��ond had a 1G acre feed. Mr. Moxnass asked what this was now. The Public Works Director said it had been just the east area and now it would be fed from the entire area. Mayor Nee asked how large the pond was in area. The Public 4iorks Director said 8%2 acres in area. He mentioned thepond was approximately three feet deep. He added, two feet had been added with a feed of about 40 acres. Mr. Moxness asked why the ditch had to be cleaned. The Public Works Director said to allow the water to drain to Moore Lake. Mr. Moxness asked if this meant anything. The Public 4Jorks Director said this did mean something, the ditch had to be redefined. Mr. Moxness asked if this had increased the storage area. He added, it probably lost actual storage area. Mr. Moxness mentioned that the City had paid $35,000 for the land for the storage area and this was bought from the developer of the area. Mr. ftoxness asked what the economic value of the area was compared to the other area. 7he Pub7ic bJorks Director indicated that the open ditch may not be a good situation as a permanent system but with the construction of additional roads in the area in the future, there may be additional improvement of the system. Mr. Moxness said there is no guarantee that the $8 would be the limii for storm sewer in this area. The Public Works Director indicated the only additional cost for the area would invo7ve the installation of an underground system. He indicated that all three alternative plans for the area had been explained at the hearing. Mayor Nee explained that years ago a complete system had been proposed for this area and this had been determed to be a great hardship on the people of the area, so the City had approved the piece meal development of the storm sewer in this area. He said he was not on the Council at the time, and there must have been a reason for this. Mayor in�icated he thought some of the implications may have been political. Mayor Nee asked the Public Works Director vahat type of problems had heen encourtered through the project and accountable to the contractor. He recalled there had been mention of 30i overhead on the project. The Public Works Director explained the only problem to i�e tha� the City had ta watch the contractor to make su�°e the project was constructed just right. He indicated there had been some problems with t'r�F contractor not having the appropriate equipment and perscnnei on the project. The Finance D9rector stated that the overhead was somewhat less than 30%. Mr. Moxness asked if the City staff had inspected the dredging work. The Public Works Director said the consulting engineers had inspected. Mr. Moxness questioned if Mr. Harris had requested the City to do foundations studies for the houses within the development. The Public Works Director said the City was not involved in the development of the 1ots. Mr. Moxness asked what the City's obligation was to dredge the swamp. The Public Works � director said the City had no obligation. Mr. Moxness asked if because the City wanted to get the property onthe tax rolls, they had obligated the people of the area to the storm sewer. Councilrnan Starwalt said no, but this wauld have the uitimate effect. � Mr. Moxness said the•City had had a hearing and the plan was imposed on the people of the area. Councilman Starwalt commented thai; he did not think that imposed was the correct language. Mr. Moxness asked what cost was involved in reclaiming the lots on Mississippi Street and � Fridley Street. The Assessor indicated that the City had paid the assessments plus 5200 to 5300 for hauling the fill. Mr. Moxness asked where the fill had come from. The Public Works Director explained that this had come from the Mississippi Street project. Mr. Moxness asked if the City truck had to come in and hau] it and move it. Mr. Moxness �;aid after this the property was transferred to P�r. Harris (r�orth side of Mississippi , Street). The Public Works Director explained the exchange of property between the City and 61r. Dave Harris and pointed out on ihe map on ihe screen the area where the City had obtained the larger park parcel through this exchange. He also pointed out � . that the action for this exchange had appeared on a regular Council•agenda. Coucnilman Sta.rvralt said he had favored this exchange of property to enlarge the park in � �� REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 18 the area. He said at the outset of the negotiations for the property in the area, Mr. Olson had indicated he did not want a park adjacent to his property. He explained the Olsons favored the plan to include residential property next to their home. Mr. Moxness said he did not thinl: this was a bad project at the effset of the cansideration, but the people of the area object to paying storro sewer costs when this is mixed in with land development and other activities. He added, this is bound to confuse the issue. He said the people were ti�ying to draw .t!�� line where the sewer system began and the development of the area started. He mentioned that some on the Council had inherited the project and would have to vote on it. Mr. Moxness said he believed this project's assessment roll should be laid over and,researched more for the determination of leoit�mate sewer costs. Councilman Star�valt asked if the dredging costs were assessed to Area E only. The Public Works Director said yes. Mr. Nick Garaffa addressed the Council and referrEd to the statement that Mr. Harris had removed refuge from the area. He said most of the time, the trucks had been hauling trees along witl. cars, washers, etc. Mr. Garaffa also referred to the statmei:rts cor,cerning Mr. Harris' intention to pa.y the escrot•r �•��n acquisition of the building permits and commented that with this method, the dev�loper of the land or the builder would be stuck with the paymcnt of the escrow. He said now with the confirmation of : the assessment roll Mr. Harris would be stuck. Mr. Garaffa said the development would put additional students into Rice Creek Elementary School which is already overcrowded by the residents in the Townhouses across the creek. He said thiey may have to bus the � students to Gardena School. Counr.ilman Starwalt mentioned there had not been any trouble with the figures mentioned at the preliminary hearing. Mr. Daniel Walseth, Attorney, addressed the Council and explained that he was currently � taking the place of Mr. Victor P. Seiler, Attorney for Richard Miller Homes. Mr. Walseth said P1r. M�iller's development v�as Briardale and consisted of G6 lots and he , had escrowed $300 per lot for those developed in this area. Mr. Walseth continued to comment that Mr. Miller had entered into an escrow agreement with the City. The Attorney �ndicated he and his client were under the impression this money h�d been placed in escrow to protect themselves. He said he was in attendance at the current meeting • to observe and perhaps voice an objection to the proceedings. Mr. Walseth said Mr. Miller had been told that the funds that had been placed into the escrow account will not be returned io him, they would be transferred to the siorm sewer proJ�ct account. ' � A resident of the area said he believed this agreement to be between the builder and the City. The Finance Director said if the money was to be returned to P1r. Niiller, wnat was the purpose of the escrow agreement. P1r. Walseth ans��ered that this could be to show good fiaith in order to get the building permits or secondly, there are 46 lots and if the developer didnot sell all of the lots, there would be some money there when it came time for the assessment. He said this could be a safety valve in the case tFiat not all of the lots would be sold. P1r. Walseth indicated a third possibility that Richard Miller Homes may have gone bankrupt. Mr. Walseth said there had been no mention of the fact that the funds would not be returned to Mr. Miller. Mr. Walseth said Mr. Seiler had taken some notes in a conversation t�rith the City Attorney which indicated the agreement should end in April of 1974. He said he was �� present to raise an objection for the listed reasons. ;tr. Walseth informed the Council � the Mr. Miller would take steps to vindicate hiiriseif. The City At.iorney indicated that the concern expressed by Mr. Walseth would not be decided on at the present meeting. Ne said he knew Mr. Seiler well, and if there would be no objections from the Casancil, he would cantact Mr. Seiler on the matter. He said the minutes of the meetings could be researched and reviewed and if this does not resolve the matter, they could request a declarity judgement action. The City P1anager said if Mr. �lalseth aras present at the meeting, he had overheard I � the City interest in the construction of the area. He said the overhead on the project would be the costs of the interest to borrow the money for the construction, legal I fees and engineerinq fees. He said in this case the overhead amount would be about 25% and this is equal to the overhead on th2 street improvement projects. � �L,. �� U REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 19 The City Mana.ger further pointed out that the storm sewer assessments would be equalized within the districts. He said there had been a number of discussions concerning the development of the �riardale area arid it had been p��oposed that temporary ponding areas be used until a total system could be established intt�e area. He mzntioned that the City had talked about a closed system of ponding. The City Manager said there was some problems with the pondinq proposal which would be siinilar to ���hat is being done in Innsbruck. The City Manager indicated that Ai°ea t� is about 45% of the area and this area is paying about 40% of the costs. The City Manager continued to explain that the s�^stem also provided a ditch and piping from the pond from Area A, Area B and �1rea C•. He said there is a direct benefit to Area A, there would be na legal question on this. The City Manager ask.ed if the City could have acquired the property for less money as haci been questioned by the area property owners. He said this was not possible. He stated that the City had obtained two appraisals of the property. The City Manager said the Fdministration felt that Area E should carry a higher load of the assessments. ihe City Manager expiained the proposal for the assessment of the larger lots, Lots 1, 4,.and 5 and indicated the location of these lots on the map on the screen. He continued to explain that these parcels of peoper-ty are much larger than most inthe area and said there should be some cuttii;g off point and he sug��sted that the maximum square footage be figured for this assessment at 1,500 square feet per lot. The City Manager said the remainder of the assessments due on these properties could be assessed to Area E or Narris Lake Estates. He said this would amount to about 41¢ per 100 square feet on the Harris Lake Estates property. The City Manager minted out that this would bring the assessment� to are�,n� �7.86 per 100 square feet or the hiahest assessment the City had ever put on storm sewer. The City P4anager indicated althought this is very high for storm sewer, it would still be less expensive than the creation of the closed pipe system to Rice Creek. The City Manager referred to the questians raised concernine( the park property. Ne said the City had acquired th�.park property th'�'ough the requirement of the or the City for the develcper to donate park properties when platting undeve1oped land. He said the land had been exchanged and Mr. Harris really did not want to exchui��e these parrels and the minutes of the Council meetings will sf�ow this. He said the only cost being assessed to the people in the district is the land cast �vitnin Area E. He again mentioned that Area E would be paying $7.86 per 100 square feet. The City Manager said Mr. fiarris was not able to be present at the curi�ent meeting. He continued to explain that the Administration felt that thehigner rate for Area E would be appropriate. The City Manager said he thought *h2t�e were reasonab7e answers to the questions raised and recommended that the Council go ahead with the higher raie in Area E with the lesser rate for the larger lots. Mayo�° Nee said Mr. Harris had offered to pay the assessments of the people he had purchased the land from. � Mayor Nee said iY. secmed to him that tne City should have bought the land and maintained a marsh in the area. He said this was not done so, the people are faced with this problem and the relative benefits have to be established. Ne said if there would be a more workable or fair solution he would like to see it. He commented that the staff had put something together relating to the cost rather than the ber�efits. He mentioned that the benefit to some of the property inthe Harris acidition f�ad likewise changed. He said there is some legal problem wlien this happens. Mayor Nee said the question at hand would be whether or rot to review the who1e project or what would be the cost of such a proj�ct. Mayor Nee questioned if there were any state funds that could be used to pick up the difference. Mayor Nee said maybe the City would have to review the project and respread it. Mr. Moxness said he would suggest a delay, even if it cost more, so this would not happen in the future. Mayor Nee said he felt this to be a n�od ��'ea. He said the Councilc.ould hold on nnen meeting before the end of the month. The Finance Director asked ir it would be feasible to adopt the assessment roll for the remainder of the areas involved, and hold the storm sewer in this area. Mayor Nee asked if there were any problems in the water and sewer laterals. There was no response. The Fi:nance direci;or said this could be adopted with the exception cf the storm sewer in Harris Lake Estates. Fie said this would not be much ef a. problem. REGULAR COUNGIL MEETING QF MARCH 17, 1475 Mayor Nee said this would allow for someone to show what would be more fair. Mr. Moxness questioned the cost of bringing in an engineering firm to make an independent appraisa1 of the area. PAGE 20 51 Mayor Nee asked if the engineering was being questioned, he felt that this was a policy decision. Ne again said this would be a policy decision for part or all of the area. Mayor Nee mentioned he had voted for this before and he wished that he had not. RECESS: Mayor Nee called a recess at 2:08 A.M. � RECONVENED: Mayor Nee reconvened the meeting at 2:22 A.M. Mayor Nee questioned the members of the Council on whether or not they would like to continue with the items on the agenda or call a special meeting of the Council some time the same week to take care of the reminiang items. It was the consensus of the Council that since there were people present who had �;�aited t'. ough the entire meeting for consideration of their items, they would continued ��itn the agenda at thepresent time. Councilman Starwalt called the Council's"attention to the alternate roll on Page 8-A of the agenda and indicated this was the roll with ±he increase to the de��eloper for the total storm sewer assessment of $7.86 within Area E. MOTION Uy Councilman Starwalt to adopt the total roll with the assessment amount within Area E to be $7.86 and a7so �,�ith the maximum of 1,500 square feet for the larger proper�ties, ai�d to spread the remainder of the 41Q per 100 square feet over the Harris Lake Estate properties, and to adopt P,esolution No. 44-1975, confirming the assessment for Sewer, 4dater and Storm Sewer Improvement Project No. 114 according to the Alternate Roll No. l. Second.ed by Councilman Breider. Councilman Fitzpatrick said he was prepared to vote favorably on the motion. He said the basic point of a drainage district is that the assessments should be spr•ead equally: He said the Council had now added to this area a number of costs that perhaps should have been. Coucniltiti�oman Kukowski said she would support the motion. The Public Works Director listed the costs for theproposed roll as indicated by the motion r�ade by Councilman Starwal� to be as follows: Area A, $2.03 per 100 square feet, Areas 8 and C, $3.69 per 100 squa�e feet and area E, $7.86 per 100 square feet. Mayor Nee said the City had paid $35,000 for the land for the pond. He questioned if the holding capacity ha.d been increased. P4ayor Nee asked the cost of the dredging The Public Works Director said this was $44,000. Mayor Nee said the ecological cost had to be considered. Councilman Breider said this had been a very difficult area for the past five years to ten years. He mentioned that the City had received other requests for the development of the area and some had included rezonirig. Councilman Breider said he thou�ht the assessment was fair. Mrs. Edna Mi11er 6575 Fridley Street, indicated she theught it was unfair that she had to pay the assessment. She indicated that the water of the area had drained to the corne'r of Plississippi and Fridle,y Streets until the drain had been put into the area. Mrs. Miller continued to comment that she thought the assessment �. very unfair to Fridley Street. Councilman Starwalt said everyone would be paying an equal amount for storm sewer. Mayor Nee said this was a question of whether the City had spent money wisely or not. He coi�niented that the staff has made a sincere effort to make an equitable spread for the cosi and benefit. He said he believed it was quesiionabie if one person received more benefit than the other. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman areider voting aye, and Councilman Starwalt voting aye, Mayor Nee declared the motion carried unanimously. NEW BlJSINESS: �r � � ' ' , ' � , � L__1 � ' ' ' ' � � � ' � i � 52 REGUL;aR COUNCIL PIEETING OF MARC.H 17, 1°75 PAGE 21 FIRST READING OF AN ORDINANCE FOR RFZOt�ING R�QUEST �OA #74-05, QY RAO MANUFACTURING COMPANY; .TO REZONE FROM C-2S TO M-1: THE Sflf�tE �FING 200 MISSISSiPPI STREET N. E.: The Public Works Director pointed ou� the area in qu.estion and indicated that the request was to rezone the area east of the railroad tracks to M-1. He mentioned this property abuts the F�°itlley Flardware stor�e. The Public Works Director recommended that the Council adopt the first !°eading and the Administration �vould bring back the consider- ation of the variance and the granting of the buiTdinq permit at the following meeting when the second reading of the ordinance would be considered. I� Councilman areider indicated one problem had been mentioned in conjunction with the proposal. He indicated he weuld like to make sure that all the proper precautions are taken for the elii��ination of noise and vibration from the proposed manufacturing f i r•m . '� MOTION by Councilman Breider to waive the first reading of the 6rdinance, and adopt. the ordinance on first reading, stipulating that the proper measures will be taken to control the ncise and vibration, and that the MPA standards be followed. Seconded by Councilv;oman Kukourski � � i I, � � � � � ' � Councilman Stai.alt said at the previous meeting the appficant was pi°esent and said this would be taken care of. 7he City Manager said when tne item is brounht back for the second reading, everything else �v�uld ��ave '.o,b� ta`en c�re ef alsn. He said the City would try to get an agree- ment with the petitioner on the noise and vibration controls. UPCN A ROLL CALL VOTE, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Mayor P�ee voting aye, Councilyvoman f:ukowski voting aye, Councilman Breider voting aye, Mayor Nee declared the motion carried unanitnously. FIRST READIfVG OF AN ORDINANCE FOR REZONING REQUEST ZOA #75-01, CEPlTRAL AUTO PARTS TO RE�ONF FROM C-2S TO ��1-1; GENERALLY LOCATED NORTH OF 1201 73'2 AVENUE N.E.: The City Manager said there are o�her matters that would have to be considered by the Council related to the current action. He said these would be brought back to the Council on the Second R�iading of the Ordinance. He mentioned there is a request for a variance and also a special use permit. • MOTION by Councilman Siarvralt to waive the first reading of the ordinance, adopt the ordinance on first reading. Secon�led by Councilwoman Kukowski. Upon a roll cal� vote, Councilwoman Kukc�vski voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, Councilman F-itzpatrick voting aye,'and Mayor Nee voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIPJG 7NE MINUTES OF THE QOARD OF APPEALS MEETI�G OF MARCH 11> i975: A REQUEST FGR VlIR�.P,PdC:�S OF TFI� FRIDI_E'; CITY CODE AS FOLLOWS: SECTION 205.135, 1 F'�_ Tfl G�!fl!AI f1FF-GIRFFT PARKT6.r, �m PF SFT RAf.K 9'� FFFT FROt4 THF LOT LIPJE INSTEAG F ROAD fd. E. , FRIDLFY, ��1IPIP;ESOTA. �EQUEST BY VFTERF�P�S OF FOREIGN WARS POST 363, 1040 OSBORNE ROAU N. E., FRIDLEY, h1IN��ESOTA : The Public Works Director explained the various requests for variance by the applicants Courcilman Ereider asked how much would be added to the building. The Public Works Director indicated there would not be any addition, the work is to be done within the inside of the bui�ding. Mr. Dick Mochinski of Mochinski Gene�°al Contractors indicated the area of the club would be expanded from 6,600 square feet to 12,730 square feet. The Public Works Director said all af the expansion would be internal. M110TION by Councilman areider to grant the variance as recommended by the Board of Appeals. Seconded by Councilman Starwalt The City Manager said there should be some.agreerrent for parking in back t'rom the adjacent property owners. Mr. Mochinski presented ietters of agreement for this � �: �' ;; � REGULAR COUNCIL PIEETI�dG OF i�iARCH 17, 1975 parking to the City Manager. PAGE 22 53 The City P�1anager pointed out that this business does serve liquor and have a great deal af other people coining in anC out and he would recommend that a sprin4;ling system be promoted with this consideration. He suggesi;ed that the applicant present a total plan for the sprinkling system at this time. Mr. Mochinski asked if this would also be required if the building were completely concrete and fireproof. The City P1ananger said what he was saying is that the aaplicant should check into the possibility and the City would want to work with the applicant to save on insurance costs. He suggested the Council could stipulatt� that the water lines for the system be installed at the time of the initial construction. He suggested that the applicant present a total plan for the sprinkling system at this time or work with the staff for initiation of such a plan. The Gity htanager also suggested f:hat the City.obtain an easement from the property for future improvement of ^vsborne Road. The City Manager indicated the City had already received an easement from the adjacent service station. Mayor Nee asked if this would be within the boulevard. The City Manager said yes. The City P1anager said he had talked to the applicant about this and he had said he did not object. Mr. Mochinski asked if the bouleva�°d would still coincide with the curb line. He also asked if the sign arrangement ihat had been discussed would be acceptable. The City Manager said yes. UPON A•VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR VARIANCES OF THE FRIQLEY CITY CODE AS FOLLOIdS: SECTION 205.135, 1, E1 OFF-ST°EET PAR TO 5,546 SQ. F BE WTTHIN zERO SECTION 205.13 ZERO FEET, P,P�D ZERO FEET OF A 1F, 4B, TO ALL INSTEAD OF SEl� SPECULATIVE 6U THE SAME 6EIPlG ATED, 5920 KIR ALLOW OFF-STREET P.ARY.ING l,!ITHIN 7_ERO FEET OF THE MAIN BUILDING K THE REQUIRED 5 FErT, AIdD SFCTION 205.135, 1, E2, TO ALLO�r! IN P10RE THAN 2/3 OF THE RcQUiPED REAR YARD FROM 4,090 SQ. FT. A°JD, SECTION 205.135, 1F,4A, TO ALLOI�J THL- DRIVE'r1aY PAVEMEi�T TO ET LINE INST E LRIVE�dA BACK THE REQUI CK FROD1 THE RE OFF-STREET Pt�R �QUIRED 5 FEET I�7 ZERO FEET 0 LLOk� THE CONST UGH 5, I;LOCK 2 h;ESOTA�EQUES 55442� ONAl�1AY ADDITION The Public lv'orks Direcior indicated there was no action necessary on this item at the present meeting. ' ,135 PdOTION by Councilman Starwalt to receive the minutes of the 6oard of Appeals Tdeeting of March 11, 1975. Seconded by Co�m cilwoman Y.ukowski. Upon a voice vote, all voting aye, htayor P�ee declared the motion carr;ed unanimously. e 0 RECEIVING THE P1INUTES OF THE I3UILDING STANDARDS DESIGN CONTROL SU6COP4f-1ITTEE MEETING COP�SIDERATION OF A REQUEST FOR ROOF SYSTLP�1 ADDITION TO THE RIVERSIDE CP.R lvA: LOCATED ON TRACT D, R.L.S. �19. TH� SAf�'� QLIPJG 5�20 EAST RIVER RO;�D N. E., FRIDLEY MIP�NESOTA.�REQUEST GY ROf�ERT SCHLEET[R OF 6520 EAST RIVER ROAD, CDTh{ CV MTi�IS,iCC(1'i—�- Mayor Nee explained that the Administration had indicated that there was no action needed on this item. CONSIDERATTON OF A REQ�EST FOR PROP[RTY IMPROVEMENT. LOCATED AT 1040 OS60RNE ROAD N. E. . FRIDI_EY, h111�fVFSOTA. REQUEST C3Y V.F.IJ. , 1040 OSGORNE RO!\D N. E. , The City Mana�er said it t-JOUId be his recommendation that the proposal be approved with the stipulatior7s that an easement be provided for additional right of way for �� future improvement of Osborne Road and that the applicants work with.the City to establish a plan for a sprinkling system. � i � � � 1 � 5� REGULAR COUNCIL MEETING OF MARCH ]7, 1975 PAGE 23 Councilman Breider asked what type of ]anscaping plan would be used in this area. He added, the area around the buiiding is asphalt. The City Manager said the staff was working on this and it would include some work in the front and back of the building. MOTION by Councilman Breider to approve the plan for property improvement by the Fridley V.F.W. with the stipulations that an easement be provided for Osborne Road improvement and that the applicant work with the staff on plans for tfie 9nsta1lation of a sprinkiing system. Seconded by Counciiman Fitzpatrick_ Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. CONSIDERATION OF A R LOCATFn nN InTe i_� I N,ti' EST TO CONSTRUCT A fJE4J 6UILDING TO BE USED AS A WAREHOUSE OCK 2, ONAt�IAY ADDITION: TIiE SAMF RETNG 7RRn Fi n� CTRFFT The Public Works Director explained that there was no action necessary at this time, a recommendation would be coming from the Board of Appea]s. ' MOTION by Councilman Fitzpatrick to receive the minutes of the Building Standards � Design Controi Subcommittee meeting of March 6, 1975. Seconded by Council�.voman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � �' � � ' RECEIVI(JG THE MINUTES OF THE CITIZEN QIKEWAY COf�iMITTFE MEETING OF FEBRUARY 19, 1975: MOTION by Councilman Breider to receive the minutes of the Citizen Bikeway Committee meet�ing of February 19, i975. Seconded by Councili��oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. Councilman Starwalt said some people feel there is going to be money available for this kind of thing. He mentioned he would not want the people to get their hopes up. The City�'��?��Pr explained that the staff is advising the ciiizen commiitee. He mentioned tnat the City has limited resources. He said if funds were needed, this would have to coine from Federal funds. Councilman Fitzpatrick asked when this matter would be brought to the Council for consideration. Mayor Nee answer�d that the Committee was not quite ,ready for this at the present time. RECEIVING THE MINUTES OF THE CITIZEN BIKEGlAY COMMITTFE MEETIP�U OF FEQRUARY 26, 1975: MOTION �by Cot�r,cilman areider to receive the minutes of the Citizen Bikeway Committee of February 26, 1975. Seconded by Council�-:on?a.n Kukowski. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. RECEIVING THE MI;dUT[S OF THE CITIZEN 6IKEWAY COMMITTEE MEETING QF MARCH 5, 1975: MOTION by Council���oman Kukowski to receive the minutes of ti�e Citizen 6kieway Committee meeting of P1arch 5, 1975. S�conded by Councilrnan Starvdalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unar�imously. RECEIVING THE MINUTES OF THE CHARTER CONMISSION MEETING OF FEQRUARY 1&, 1975: -` '� � MOTION by Councilwoman Kukowski to receive the Minutes of the Charter Commission �4eeting of February 18, 1'_'75. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CON�IDERATIOid OF APA(tOVING A LETTER QF INTENT TO NOR7NWESTERN 6ELL TELEPHONE COMPANY � FOR IMPROVED TELEPHONE SERVICE FOR CIVIC CENTER: ` The City M�.nager explained that the Telephone Company had come up with this suggestion � � for a system where they wili provide the City with additional service with no additional a cost. Ne mentioned that ihis was comparable to the private telephone service systems � that the City had been ccnsidering in the past. Ne also indicated that after ten F years the system would be paid up and hopefully, there would be a reduction in the cost of the system. The City Manager said this system would enable the City to receive ,�. better service for less money. ?he City Manager recommended the Council act to authorize the preparation of the agree- ment. , I� . ° I� 55 REGULAR COUNCIL MEETING OF f�1ARCN 17, 1975 PAGE 24 The City Manager informed the Council that Fridley would be the first municipality to install this new service. The Finance Di.rector agreed stating Fridley would be the first with this type ef pricing system. The Cit,y Manager again stated that the cost would be reduced after ten years and the systein would be more responsive to the work the City is doing. Fle further pointed out that this type ef system has been proposed by companies competing wit� Northwestern Qell Telephor,e Company. The City Manager stated, he thought this to be a good proposal. The City Manager said he had the opportunity to review the system when he had visited private companies that had the proposed system. MOTION by Councilman Starwalt to approve the letter of in�ent to Northwestern 6ell Teiephone Company for improved telephone service fcr the Civic Center. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayoi° Nee declared the motion carried unaniinously. CONSID[RATTON OF LEt�SE AGREEMENT �!ITH UNITY HOSPITAL FOR PARK PROPERTY: Councilman Breider que�tioned if any action could be taken until after the Public Hearing on th° �catioii. The City P4anager answered that if there are any problems wit}i the ba�ic 1ease, the Administration �rould be able to work with Unity Hospital. He recor,?mended that he thought the City should give some indication of intent. He explained the reo,uest was to lease the property on both sides of the roadway and if the lease is approved, tney could go ahead and get the vacation processed. Councilman 6reitier said he thought it �,�ould be good to vacate the road, this tvould cl�se up this area. The Public Works Director said there would be 2.2 acres in the park. Mayor Nee indicated he thought the City should start the process for the vacation. The City Mariager said the staff would begin this process. The Public Works Director pointed out ti�at there had been some indication that the fees should be waived. The City Manager agreed stating the liospital had requested that the fees be waived. MOTIOiJ by Councilman Breider to execute the lease agreement, to begin the vacation process and that the fees be waived for the application for the vacatinq of the road. Seconded by Councilman Starti�alt. U�.on a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDFRATION OF QID AWARD FOR 1975 I��EED MOWING CONTRACT (BID OPENING FEBRUARY 18, 1975): The City I�ianager explained ±o the Council that the bid had bzen received by the Weed Contractor that the City contracted with the year before last. He indicated that this is the only bid that had been received. Councilman Breider asked if this was a reasonable rai:e. The City Manager said he thoughi: this was a little higher than what the City had 1ast year. The Public Works Director expiained to the Council that the staff had checked around on the possibility of renting the equipment and the rental price vaithout the labor costs were almost as high as the contracc bid. He said the abid was $36.00 and the rental would be $34.00. ` Mayor Nee asked if the contractor would be chur,c�.irt� from the time he left Osseo. The Public Works Director said no, he would charge the time from Fridley. t3id Received from Brian Germundsen, Osseo Minnesota: Tractor with side arm t�1ower - Cost r�er hour Tractor with pull f�ower or Flair Type, Rotary Type of Equivalent - Co�t per hour Tractor Operator - C�st per hour Riding Movaer - Cost per hour P,iding Mower Operator with Minimum �0: cut - Cost per hour Truck - 1 ton or larger - Cost per hour Hand Mower or cutting Per Man - Co�t per hour Spraying> Labor & Equipment �Cost ef �pray used is ad:�ition to above) - Cost per hour $12.00 12.00 6.00 8.00 6.00 16.00 10.00 18.00 ; �R a � _ �' � � � , � � � 1 t �� 5� REGULAR COU�CIL MEETING OF MARCN 17, ]975 PAGE 25 MOTION by Councilman Breider to receive the bids as listed for the mowing and cleaning contract from Mr. Brian Germundson, Osseo, Minnesota and to award the contract to Mr. Gern;ur;dson. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF BID AWARD FOR 50,000 GVIJTRUCK (BID OPENIN6 P1ARCH 10, 1975): BID TOTAL LESS NET i•IAK� & DELIVERY P1ISC. SECURITY PRICE TRADE PRICE ��tO�EL DATE Bill Boy,er American $14,465 $1,500 $12,965 LT 880 1 week Ford Truck Empire Co. 23,465 1,500 21,965 .LT 8000 5% Art Gobel Cert. Check 21,950 2,500 19,450 LTS 8000 2-3 Weeks Ford $1,100 First 23,400 2,500 20,900 LTS 9000 Nat'1 Bank Anoka International No Qid 19,536.78 19,536.78 Harvester Co. Security - F 2050 Immediately Trade Was Did not $1,000 & ��i,�p�y incl. in net - price RIHM Motor Company Minar Ford Inc. Cert. Check 26,640 Amt. $1,332 Midway Natl. Bank No Bid 23,861 Security - Did not comply 1,800 24,840 W 900 5 days 1,800 22,061 LTS 9000 14 days Minnesota Truck 21,372 1,000 20,372 CNT 800 2-3 weeks Eenter No Bid Security - Did not cGmply Walton Ford Aetna 22,293 2,410 19,883 LT 8000 Immediately � Casualty Insurance The Public Works Director said the truck did not have a dump bc;: on it., Ne nresented the Council with an illustration of the proposed equipment. MOTION by Councilwoman Kukowski to receive the bids and award the contract to Art Gobel Ford in the amount of $19,450. Seconded by Councilman Starwait. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVING RECOMMENDATION REGARDING SRLARIES OF LIQUOR STORE ADMTNISTRATIVE PERSONNEL: The City Manager indicated that the Administration had been working �vith the Administrative personnel of the liquor�store to increase the return on the investment. hle indicated that they had also been in discussion concerning the proposed salary increases. He oeinted out that the Manager's increase as proposed.would be a total of 5130 over the original salary that had been reduced. He also indicated that this Nrould be an .8°j increase. The City Manager recalled that the Council had set a goal of 12.5% of return on the investment and the operation had achieved 17% return. The City Manager believed this to be a plus for the City and he. asked that the salaries of the Manager and Assistant Manager be approved by the Council. The City Manager e�nlained that in the case of the Assistant Liquor Store Manager, he had planned to retire by, January af 1975, but he wishes to stay �vith the City a little longer. He explained the reason for this is to allow Mr. Hreha to complete 15 years of service with the City and also the same amount of time within the PERA fund. The City ��lanager indicated that he believed this proposal to be mutually beneficial to Mr. Hreha and also the City. The City Dlanager recommended the Council take action to allow Mr. Hreha to stay with the City beyond his 65th birthday and until November 22, 1975. 57 REGUALR COUIVCIL MEETING OF M�RCH 17, 1975 PAGE 26 Councilman fitzpatrick mentioned tha�t Mr. Hreha had only asked to stay another five weeks. The City Manager explaired that Mr. Hreha had made several requests and the City was reconunending that 90�� of the request be granted. He said he would recommend that Mr. Hreha's date of retirement be November 22, 1975. MOTION by Councilwoman Kukowski to appr�c•ve the recommendation for salaries of the Liquor Store Manager and ASsistant Liquor Store Manager as�vinted ou� on Page 21 of tile Counci� aqenda. Seconded by Councilman Breider. Councilman Starwalt said he wauld have no quarrel with the time that Mr. Hreha continued with the City. Council+nan Starwalt asked how the $2,000 would have affected the percent of increase if calculated. The Finance Director said th�s would not have lowered the percent of increase to less than 12.5%. Councilroan Breider asked what the figure would be that the City is projecting for the current year. The Finance Director indicated that this had not been set. Councilman Breider said 12.5% vdould still be a reasonable amount. UPON A VQICE VOTE, all voting aye, Mayor �Jee declared i:he motion carried unanimously. RECEIVIfdG REPORT REGARDI��G RESPONSE FROM MENiBERS OF DIFFERENT COMMITTEES WHOSE TERMS ARE EXPIRII�G: AND RECEIVING COP1��IUNIC,4TION FROM MARK SCOTT, MEDIA^SPECIALIST> ANOKA COUPJTY LIBRARY, REQUESTING MOTION by Councilman Starwalt to receive the report regarding response froin members of different com�nittees whose terms are expiring. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ur,�:�ir�o�isl,y, t�10TI0v by Councilman Fitzpatrick to receive the communication from Mr. Mark Scott, Media Specialist, Anoka County Library, requesting consideration for appointment to CATV Commission. Seconded by Councilman 6reider. Upon a voice vote, all voting aye, Mayor� Nee declared the mation carried unanimously. RECEIVTf�G REPORT REGARDING LAW SL'IT AGFIINST CITY BY YESPlES, INC.: MOTION by Councilman Fitzpatrick to receive the reports from the City Attorney dated March 11, 1975 and also the Financc Director, dated P1arch 13, 1975 and regai�ding the la�v suit against the City of Fridley by Yesnes, Inc. Seconded by Councilman Greider. Upor a voice vote, all voting aye, Mayor fVee declared the moticn carried unanimously. CLAIMS: GENERAL 39194 - 39399 LIQUOR 9643 - 9691 MOTIOPI by Councilman Starwalt to approve the �laims. Seconded by Courcilman Breider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. LICENSES: EXCAVATING Consolidated P�umbing & � Heating Company 1530 East Cliff Rd. Burnsville, Mn. 55337 GENERAL CON7RACTOR Panelc��aft Incorporated 3615 East Lake St. Minneapolis, Mn. 55406 BY S. E. Enright Carl �ohnaon APPROVED SY W. Sandin 0. Clark � HEATING Y Equipmeni Supply Inc. '�!, fiar.,r,in I�'� 801 Curfew Street . St. Paul > P"n. �i �. �� i) (.� . REGULAR COUNCIL MEETING OF MARCH ]7, ]975 0 � I � PAGE 27 LTCENSES COMTINUED: MASONRY BY APPROVED BY FEE Albin . Katzner Cement Co. Albin L. Katzner D. Clark 11137 Arrowhead St. N. E. Coon Rapids, Mn. 55433 CIGARETTE Poor Richards's Canterbury Ronald Richards Pu61ic Safety $12.00 Pub Director 6481 University Avenue FOOD ESTABLISHMENT Poor Richard's Canterbury Ronald Richards Health Inspector 10.45 Pub 6481 University Avenue � ON SALE BEER Poor Richards':, Canterbury Ronald Richards Public Safety 1?.0.00 Pub Director 6481 University Avenue PU6LIC DRINKING PLACE Poor Richard's Canterbury Ronald Richards Public Safety 100.00 Pub Director 6481 University Avenue � TAVERN Poor Richard's Canterbury Ronald Richards Public Safety 12.00 Pub Director 6431 University Avenue MOTION by Councilman Starwalt to approve the licenses as listed on the Council agenda Pages 25 through 25-A. Seconded by Councilman 6reider. Upon a voice vote, all voting aye, F�ayor Nee declared the motion carried unanimously. ESTIP1ATES: Comstock and D�vis, Inc. ' � Consulting Engineers ]446 County Road "J" Minneapolis, Minnesota 55432 For the Furnishing of resident inspection and resident supervision for the staking of the following work: PARTIAL Estimate n3 for Sanitary Sewer • Storm Sewer & Water Improvement Project � � No. 116 from february 3 through February 28, 1975 $ 3,498.64 PARTIAL Estimate No. 9 for Sanitary Sewer & Water Improvement Project No. 115 from February 3 through February 29, 1975 40.83 PARTIAL Estimate No. 14 for Sanitary Sew2r, Water & Storm Sewer Improvement Project No. 114 from February 3 through February 28, 1975 1,564.22 Carl Newquist Smith, Juster & Feikema Builders Exchange Quilding Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor for February 1,362.50 � 0 0 c � � I � � � I # � �, ; � �I � � ' ��,. 59 REGULAR COt1NCIL MEETTNG OF MARCH 17, i975 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Legal Services rendered as City Attorney for February PAGE 28 $ 1,782.�0 MOTION by Councilman Starwalt to approve the estimates. Secondad by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unanimously. RESOLUTION fVO. 45-1975 - IN SUPPORT OF HOUSE FILE 754 FOR ISLANDS OF PEACE: The City P�anager• indicated that the Administration had not received the copy of the liouse File until Friday of the previous week. He indicated a copy of the House File appreared within the agenda, but the proposed resolution had been presented to the Councilmembers for consiUeration that evening. The City P1anager recommended adoption of the Resolution. Mayor Nee said he thought that the Islands of Peace Bill had a fairly good chance of g2tting approval. The City Man�ger reiterated he r�cummended approval and said the Administration would send copies of the resolution to the area's representatives. MOTION by Councilrnan Stara�alt to adopt Resolution No. 45-1975 supporting House File 754 for Islands of Peace. Seconded by Councilvaonan Kuko��ski. Upon a voice vot2, a11 voting aye, P•1ayor Nee declared the motion cari°ied unanimously. COMPIUNICATIONS: PARK AND RECREA7IO�d DIRECTOR: KIIJANIS CLUB TREE PROJECT: The.Ciiy Manager indicated that the City could use up to 1G0 trees for the City's parks. He indicated that the Club could sell the trees to the community, but the City wou�d not get involved in this. Mayor Nee asked if the Parks Department would have to stake the areas where the trees are proposed. Councilwoman Kukowski asked if some of the trees can be designated for Commons Parl< in the area of ±he sandboxes. The City Manager said he would bring this to the attention of the Park Director. MOTION by Councilman Starwalt to receive the communicatien from the Kiwanis Club concerning the tree project. Seconded by Co�mcilv�oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. Councilman Star�•ralt asked how the proposal for the nursery was coming. The City h1anager indicated the staff is working on this and there will be some trees by the fall inonths. CONSIDER/`.TION OF A RESULUTION AMENDING RFSOLUTION FOR APPOINTMFNTS TO HUP1AN REL/ITIONS COMMITTEE: � � Couicilman Fitzpatrick said. the Chairman of the Human Relations Committee, Mr. Harold Qelgum, would like to distribute letters seeking voiunteers for the Cemmittee within the area schools. Mayor• Nee said the corrmii:tee would be somewhat changed if the ' Council would give conc.eptual approval for the idea of ethnic involvement in the Human Relations Committee. Councilman Star�valt said he would like to speak against the proposal. Mayor Nee stated he could not see what harm this could do. Ne said that no action would be taken until the Cauncil acted on it. Councilman Staro-�alt felt that increasing the mernbership of the Committee wouid not do any good,in guaranteeing that there would be more in attendance at the meeting, now would it mean that there would be a qu�rum present. Councilman Fitzpatrick said he would question the committee having only one purpose. He indicated that he thought that the Coirn�ittee could also serve other purposes within the community. � � . � � , _ __ . _ ._ � . z � RFGULAR COUNCIL MEETING OF MARCH 17, 1975 _ _ _ _. . __ PAGE 29 MOTION by Councilman Fitzpatrick to direct the Administration to prepare a resolution for Council consideration which would increase the membership of the Human Relations Comnittee from 10 to 30 and cliange the quorum requirements from 8 to 10. The City Manager explained that the Committee requiti°ements had been set up by resolution and this resolution would have to be amended. He indicated that the motion would give the Administration to go ahead to prepare such a resolution. Ne asked if this would also approve Mr. Belgum's request to distribute letters to the schools in th2 area. Councilman Fitzpatrick said the Council could approve the sending of the letter. Mayor Nee said this would be possible if the Council would agree to this proposal. Council- woman Kukowski said she would like to indicated that f4r. Belgum should go ahead with his plans. Councilman Starwalt questioned if this situation shou]d be wat�hed for the Future budgets. Councilman Fitzpatrick said Mr. 3elgum is currently trying to recruit r:ew members. Mayor Nee asked the members of the Council if the City Manager should advise Mr. Be]gum if the committee membership and quorum requirements would be amended. MOTION by Councilman Fitzpatrick to amend the motion by adding that the Council author- izes Mr. Belgum, Chairman of the Human Relations Committee, to distribute the letters recruiting new members to the Human Relations Commitiee through the various school � districts. Seconded by Co�mcil�:-oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE.VOTE, on the original motion to prepare the resolution, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: � M�TION by Gounci7man Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani:�iously _ and the Regular Meeting of the Fridley Cit,y Council of March 17, 1975 adjourned at 3:22 A.M. � i � Respectfully submitted, �a� Pat Ranstrom Secre�ary to the City Counci� Date Approved William J. Nee Mayor � 0 , . FR I�LEY C I TY .COiIi�C I L— REGUlA� ��EET I IVG — MARCH 17, 1975 - 7: 30 P, M, 7:30 P.M. PL��G� OF ALLEG IAfVCE : Gi ven - ROLL CALL: PRESEi�TAT IOid OF AWARDS : A11 present �R S�FNTATION OF PLAQUE . FRIDLEY STATE WRESTLING CHAMPIOf�S Presented PRESE(�TATION OF CERTIFICATES �F APPRECIATIOJy. �iS� PARNIAN TAIDI, RMERICAN FIELD STUDENT MR� NENRIK FOLIN, ROTARY INTERNATIONAL STUDENT Both Certificates presented. APPROV�IL OF �1I f�UTES ; pUBLIC iiEARING I�EETING, �EBRUARY 10, 1975 Adopted as presented. �1DOPTIOf� OF AGEi�t7A: Adopted. OPEfV FORUM, V I S ITORS : (CONSIDERATION OF ITEMS NOT ON AGENDA — 1S MINUTES) 0 , ' REGIiLAR MEET I NG, MARCH 17, 1975 � �� PAGE 2 PUBL I C HEAR I i�GS : C4NTINUED PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PRO�ECT ST, 1974-Z tCONTINt1ED FROM 3/10/75 ) , , , , , , , , , , , , , , , , , , , , , , , , , 1 - 1 D Received communications concerning project. Residents expressed views for and against the various rolls. Public Hearing closed at 8:i9 P.M. OLD BUSI`��ESS; CONSIDERATION OF SECOND READING OF AN ORDINANCE aMENDING CNAPTER 603 - INTOXICATING LIQt10RS �TABLED 2/3/75 AND 3/3/75) AND RECEIVING REPORT ON PERCENTAGES OF LIQUOR TO FOOD SURVEY � � � � � � � � . . . � . � � � . . . . � � � � Z — Z E Ordinance No. 579 adopted on Second reading and Publication orderd. , � HEGULAR (�iEETIf�G, MARCN 17, 1975 � PAGE 3 OL� isUS I i�ESS : '' � �ISCUSSION REGARDING REZQNING FOR ISSUANCE OF INTOXICATING �IQUOR �ICENSE FOR FRONTIER �LUB, 7365 � CENTRAL aVENUE Ne E„ RICHARD POVLITZKE �ON AGENDA AT REQUEST OF WYMAN SMITH) � AND RECEIVING NISTORY 0� THE ON—SALE BEER LICENSE AT THE FRONTI ER CLUB � � � � � � � � � � � � � � � � � � � � . 3 ' 3 C Consideration o�F issuance of license for Frontier Club tabled until zoning can be processed. CONSIDERATION OF PROPOSED LEASE AGREEMENT BETWEEN CITY OF FRIDLEY AND THE SPRINGBROOK P�ATURE CENTER FOUNDATION �F.ROM I��EETING OF 3/3/75) AND � RECEIVING COMMUNICATION FROM SPRINGBROOK NATURE CENTER FOUNDATION REQUESTING CHANGES IN PROPOSED aGREEMENT AND RECEIVING REQUEST FROM SPRINGBROOK I�ATURE CENTER FOUNDATION FOR USE OF CITY�S ��IATURALIST FOR NORTH PARK PROPERTY. � � . � � � . � � � � . . � � � � � � . . � 4 — 4 J Lease Agreement approved with modifications. Communication inviting participation of Naturalist/Resource Coordinator at meetings received. . �� REGULAR MEETING, MARCH 17, 1975 . PAGE 4 OLll BUSIfdESS� (Co�vTINU�D) CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR SI. 1974-1 ST�EET IMPROVEMENT PROJECT tTABLED FROM 3/10/75> C , , , , , , , , , , , , , , , , , , , , , , 5 — 5 F Received communication from area residents. Original roll adopted. Resolution Na. 41-1975 adopted. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST� I9%4-2 STREET IMPROVEMENT PROJECT �TABLED FROM 3/lU/75) AND RECEIVING COMMUNICATION IN OPPOSITION FROM ROGER G. .. . FRE I TAG � . � � � � � � � � � � . � � � � � � � � � � � � � 6 — 6 B Adopted Alternate Roll No. 2. Resolution No. 42-1975 adopted. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST, 1974-4 STREET IMPROVEMENT I�ROJECT CTABLED FROM 3/10/75) , , , , , , , , , , , , , , , , , , , , , , , 7 — 7 A Resolution No. 43-1975 adopted. � � 0 i� � � � '� '� REGULAR MEETIiVG, MARCH 17, 1975 � OLD �USIf�ESS (CoNTtNUED) CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR SEWER, ��ATER AND STORM SEWER IMPROVEMENT PROJECT .__.. f�o, 114 (TA��ED 3/1�/75) PAGE 5 AND t�ECEIVING COMMUNICATION REGARDING STORM SEWER ASSESS— MENT POLICY — HARRIS LAKE ESTATES ADDITION� � � � � � � � g — $ D Communication received. Alternate Roll No. 1 adopted. Resolution No. 44-1975 adopted. (Area E, $7.86) i�EW BUSIfVESS; CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZOfVING REQUEST ZOA #�4—�5, BY RAO MANUFACTURING COMPANY; TO REZONE FROM C—ZS TO P'�—�.; THE SAME �EING 2�0 �'�ISSISSIPPI STREET N� E� � � � � � � � � � � . 9 — g H First reading adopted. Administration directed to bring back related considerations at time of second reading. ` CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZOfVING REQUEST ZOA #75-01, CENTRAL AUTO PARTS; TO REZONE FROM C—ZS TO M-1; GENERALLY LOCATED NORTH OF 1201 73� AVEN UE N , E , , , , , , , , , , , , , , , , , , , 10 - 10 G First Reading adopted. Administration to present related considerations to Council on Second reading. I � �� � � i ' � � RE6ULAR MEETING, MARCH 17, 1975 �� PAGE 6 ��EW BUS 11��ES$ ��ONT I NUED) RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCN 11, 1975, , , , , , , , , , , , , , , , , 11 - 11 G I� VETERANS OF FOREIGN WARS, IO4O OSBORNE ROAD - BOARD RE�OMMENDATION: APPROVE VARIANCES COUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION Variances granted. Z�. PACO, INC „ 7gOO ELM STREET N� E� BOARD RECOMM.�IVDATION: �DONE -- TABLED COUNCIL ACTION REQUIRED: �VONE MINUTES RECEIVED. RECEIVING THE MINUTES OF THE BUILDING STANDARDS — DESIGN �ONTROL I�EETING OF MARCH 6, 1975. � � � . � , � � � � � � 1� ROBERT SCHLEETER, 6520 Eas-r RIVER ROAD; RIVERSIDE CAR WASH , COMMITTEE RECOMMENDATION: NONE — PETITIONER NOT PRESENT — TABLED COUNCIL ACTION REQUIRED: NONE � . 12-12C [� � REGULAR MEETING, MARCH 17, 1975 PAGE 7 � I CVE�� BUS I iVESS iCONT I NUED) � 1 ► :►�::� � ► �► ► 1 2. VETERANS�OF FOREIGN WARS; 10�0 OSBORNE RD� __ _ �MMITTEE R GOMMENDATION: APPROVED WITH THREE STIPULATIONS ��l1NGIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION� Approved with recommended stipulation plus a stipulation that an easement be dedicated for add�tional boulevard and also that discussion on a.possible sprinkling system take place. 3. PACO INC�; �SgO ELM STRE�T N. E� �(�MTTTFF RErOMMENDATION.: PASSED WITH STIPULATIONS IF BOARD OF APPEALS GRANTS ALL VARIANCES� COUNCIL ACTION REQUIRED; NONE--AWAIT RECOMMENDATION FROM BOARD OF APPEALS MTNUTES RECEIVED. RECEIVING THE MINUTES OF TNE CITIZEN BIKEWAY COMMITTEE MEETING OF FEBRUARY I9, 1975, , , , , , , , , , , , , , , 13 - 13 B MI�lUTES RECEIVED. � � . REGULAR MEETING, MARCH 17, 1975 �V�W BUSINESS �CONTINUED) . _ _. PAGE 8 RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE IY�EETING OF FEBRUARY 2�, 1975� . � � . � � � � � � . � � , I4 - 14 D MINUTES RECEIVED. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE (��EETING OF MAR�H 5, 1975 . . . . . . . . . . . . . . . . . 15 - 15 E MINUTES RECEIVED. RECEIVING THE MINUTES OF THE CHARTER COMMISSION h�EETING oF FEBRUARY 1�, 1975, , , , , , , , , , , , , , , , , , , 16 � 16 A MINUTES RECEIVED. Council to submit names of recommendations to City Manager. CONSIDERATION OF APPROVING A LETTER OF INTENT TO IVORTHW�STERN BELL TELEPHONE COMPANY FOR IMPROVED TELEPHONE SERVICE FOR CIVIC CENTER� . . � � � � � . � . � I.% - 17 B Letter approved. 0 .. ... .... .... ..... .... . REGULAR MEETING, MARCH 17, 1975 �� PAGE 9 NEW BUS I iVESS (CoNrt rvuED) CONSIDERATION OF LEASE AGREEMENT WITH UNITY HOSPITAL FOR PARK PROPERTY � � . � � . . � . � � � � � � � � . � . � ZH - 18 E Approved lease, waived fee for application for variance and directed administration to begin variance request process. �ONSIDERA:ION OF BID �WARD FOR I9%S WEED MOWING �ONTRACT �1�ID �PENING FEBRUARY Ig, 1975)� � � � , � � � � /� • f`..��...�-�.,....> ,� ,�.,, u.�... �..L , .,�..� t ,� .�i / ! 1�.�,+�-r ��it,L.i,�,� . CONSIDERATION OF BID AWARD FOR SO,OOO GVW TRUCK ��ID �PENING MARCH 1�, 1975), , . � � � . . � � � � � � � _ , Bids received. Contract awarded to Art Gobel Ford Company for $19,450. 19-19B 20-2�� , , aPPROVING RECOMMENDATION REGARDING SALARIES OF LIQUOR _ STORE ADMINISTRATIVE PERSONNEL� . � . � . � . � � . . � � 21 2l A e � I � � � Council approved recommendation of City Manager. REGULAR MEETING, MARCH 17, 1975 �� PAGE 10 NEW BUSIfVESS CCONTINUED) RECEIVING REPORT REGARDING RESPONSE FROM MEMBERS OF 1}IFFERENT COMMITTEES WHOSE TERMS ARE EXPIRINC AND . RECEIVING COMMIiNICATION FROM MARK SCOTT� MEDIA SPECIALIST, ANOKA COUNTY LIBRARY, REQUESTING CONSIDERA— TION FOR APPOINTMENT TO CATV COMMISSION� ��������. ZZ ' ZZ G Communication received. Report Received. RECEIVING REPORT REGARDING LAW SUIT AGAINST CITY BY YE.SNES, INC, , , , , , , , , , , , , , , , , , , , , , , , 23 - 23 B Received report. �LA I MS � � � � � � � � . . � � � . � � . � � � � . � . . . 24 Approved. ' _ . . .. LI CENSES , , , , , , , , , , , , , , , , , , , , , , , , , 25 - 25 A Approved. REGULAR MEETING, MARCH 17, 1975 PAGE 11 IV�W �USIlyESS (CONTINUED) . . .. . ESTIMATES� � � � � � � � � � � � � � � � � � � . � � � � � 26 - 26 B Approved. CONSIDERATION OF RESOLUTION OF SUPPORT FOR H�F� 754 FOR ISLANDS OF PEACE� � � � � � � � . � � � � � � � . � � 2% Resolution No. 45-1975 adopted. Administration directed to send copies of Resolution to representatives. COMMUfVICATIONS: PARK AND RECREATION DIRECTOR: KIWANIS CLUB TREE PROJECT. Z8 — Zg B Received. CONSIDERATION OF A RESOLUTION AMENDING APPOINTMENTS TO Hl1MAN RELATIONS COMMITTEE: Administration directed to prepare amended resolution for Council consideration. Approval for distribution of letters for possible appointments given. AilJOURN: 3:2z A.r�. � FRIDLEY CITY COUNCIL MEETZNG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: fj �?�� �% / g 7��. ' ' NAME ADDRESS TTEM NUMBER ___ _____________________________________��_-_- --____-_____________________-_____---__________- - - -- -- , - i � �c��z�'' y1 �%( � - �:,�.� �o � t � � _ ���,%L%_,�'�� ��� / �O - � f� �� f:t..<.�-e °.� � �- � �'� ��� � � / �...�..� . ; � � ;: ,____�__ _ �� o���,� -� . �" /i/�, ri -,; � � �/� G ,� �� _/�l,�,t-� ��% �� �i � �' � � �m 0� � �� U���� �,ti' �T �,� „e �/Y� I t N_ �l �' . � .,'- - � � �� ., i� �� ' ' � _� ..r�7�'J �.��/� �r.��'r��� i\ n � � � k � l � � � l� � � ��o � ,�� v�r %� `� a� 2 �� % -� 6� �`�c�- ��� ���-����-�-��� � s� �- � �� �-�� Y�_ �, ��� �G'��� �1 � �; � � , �- � � O/ �� � J��� �o� / s%���; .� C..�', ` �� � L/ ��/' ; . . � ' � 3� ��' �� �� �7� ��r' ` � /��, .� , � . 3, �� �'��.� P,��� 3 � / ►I � FRIDLEY CITY COUNCIL MEE7ZNG �PLEASE SIGN NAME ADDR�SS AND ITEM NUMBER INTERESTED IN� DATE: AME ADQRESS ITEM NUMBER �____________________=___________________________--�.--�-_-_________________________-__� -_____ � �<-� l�D � � �l/� �.. � , � � �i � 9� .�� �;�as �"a��'' .r / � %� _. _ __ � � �� . �.. -� 4-�s-�,-� � �7� � ,� �. � , `�� . � ���� o ��v .s'��`-s'��✓o � - ,�4dC� �^�i�� cG, - ! FRIi�LEY CITY COUidCIL — REGULAR MEETING — MARCH 17, 1975 - 7:30 P, M. � PLLDGt OF ALLEGIAfuCE: ROLL CALL: PRESEi�TATIOiV OF AW�kRDS: PR��EjyTAT I ON OF PLAQU� . FRIDLEY STATE �JRESTLING CH�N'iPIONS PRFSF[v_TATION OF C�$�TIFICA�S OF APPREGIATIO�. �IS, PARNIAN TAIDI, AMERICAN FIELD STUDENT �IR� HENRIK FOLIN, ROTI�RY INTERNATIONAL STl.9DENT �1PPROVi�L OF i�1I f�UTES : pUBLI C�{EAR I NG I�EET I NG, FEBRUARY l�, 1975 avOPTIOfu OF AGEiVDA: OPE�V FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MTNU"fES) REGULAR MEETING, MARCH 17, 1975 � _. PUBLIC HEARIiVGS: PAGE 2 CONTINUED PUBLIC NEARING ON FINAL ASSESSMENT ROLL FOft STREET IMPROVEMENT pROJECl" ST� 19%�-Z �CONTINUED FROM 3/10/75) , , , , , , , , , , , , , , , , , , , , , � , , , 1 - 1 D OLll BUS I f�ESS : CONSIDERATION OF SECOND READING OF AN ORDINANCE aMENDING CHAPTER 6O3 - INTOXICATING LIQUORS CTABLED Z/3�%5 AND 3/3/75) � AND RECEIVING REPORT ON PERCENTAGES OF LIQUOR TO FO011 SURVEY � � � � � � � � � � � � � � � � � � � � � � . � Z - 2 E REGULAR f�IEETIfJG, MARCH 17, I975 OLiI i�USIi�ESS: I�ISCUSSION REGARDING REZONING FOR ISSUANCE OF INTOXICATING �IQUOR �ICENSE FOR FRONTIER C�uB, 7365 CENTRAL aVENUE I�J� E�, I�ICHARD POVLITZKE �ON AGENDA AT REQUEST OF WYMAN SMITH) PAGE 3 AND RECEIVING HIST�RY OF TNE ON-SALE BEER LICENSE AT THE FRONTI ER CLUB � � . � � � � � � � � � � � � � � � . � . 3 - 3 C CONSIDERATION OF PROPOSED LEASE AGREEMENT BETWEEN CITY OF FRIDLEY AND THE SPRINGBROOK ���IATURE CENTER . FOUNDATIO[� �FROM �`�EETING OF 3/3/75) AND � RECEIVING COMMUNICATION FROM SPRINGBROOK NATURE CENTER FOUNDATION REQUESTING CHANGES IN PROPOSED aGREEMENT AND RECEIVING REQUEST FROM SPRIN�BROOK `VATURE CENTER FOUNDATION FOR USE OF CITY�S NATURALIST FOR NORTH PARK PROPERTY. � � . � � � � � � � � � � � � � . � � � � . 4 - 4 J � ' �i REGULAR MEETING, MARCH 17, 1975' ' . PAGE 4 OLll BUS I ��IESS �CONT I NUED) CONSIDERATION OF A I�ESOLUTION CONFIRMING ASSESSMENT FOR S(. 1974-1 S-rREE-r IMPROVEMENT PROJECT iTABLED FROM 3/10/75) , , . , , , , , , 1 , , ' , , ,. , , . . . . , 5 - 5 F CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST, 1974-2 SrR�ET IMPROVEMENT PROJECT �TABLED FROM 3/1Q/75) AND RECEIVING COMMUNICATION IN OPPOSITION FROM ROGER G� FREITAG� � . � . � � � � � � � � � � � � � � � � � � � � � 6 - 6 � CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST� 1g%4-4 STREET IMPROVEMENT PROJECT �TABLED FROM 3/1�/75 ) , , , , , , , , , , , , , , , , , , , , , , , 7 - 7 A 0 � ' ' � REGULAR MEETIVG, MARCH 17, 1975 QLD I�USINESS �CONTINUED) CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR SEWER, ��ATER AND STORM SEWER IMPROVEMENT PROJECT ._ fJo, 114 (TA��ED 3/1�/75) AND I�ECEIVING COMMUNICATION REGARDING STORM SEWER ASSESS- MENT POLICY - NARRIS LAKE ESTATES ADDITION� � � � � � � . i�E�d BUS I fVESS : � PAGE 5 . . � ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #74—�5, BY RAO MANUFACTURING � � COMPANY; TO REZONE FROM C-ZS TO P�I-1; THE SAME � �EING ZO� �'�ISSISSIPPI STREET �� E� � � � . � � � � � , . 9 —�9 N 1 ' r CONSIDERATIOM1t OF FIRST READING OF AN ORDINANCE FOR , REZO(VING REQUEST ZOA #75-01, CENTRAL AUTO PARTS; TO REZONE FROM C-ZS TO M-1; GEN�RALLY LOCATED IVORTH OF 1201 73� AVENUE N. E, , , , , , , , , , , , , , , , , � . 10 — 10 G R�GULAR MEETING, MARCH l7, 1975 PAGE 6 �VEW 1�US I f�ESS �CONT I NUED) (�ECEIVING THE MINUTES OF THE BOARD OF APPEALS �EETING OF MARCH i�., �.�%5� � � � � . � � � . � . � � . . . 11 - 11 G I� VETERANS OF FOREIGN WARS, IO4O OSBORNE ROAD �QARD RECOMMENDATION: APPROVE VARIANCES COUNCIL ACTION REQUIRED; CONSIDERATION OF RECOMMENDATION Z�. PACO, INC�, ��iOO ELM STREET N� E� BOARD RECOMME(�DATION: �iONE -- TABLED COUNCIL A�TION REQUIRED: �VONE � RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN ' �ONTROL I�EETING OF MARCH 6, 1975� � � � . � � � . � � � . 12 - 12 C 1� ROBERT SCHLEETER, 6520 Eas-r RIVER ROAD; RIVERSIDE CAR WASH COMMTTTEE RECOMMENDATION: NONE - PETITIONER NOT PRESENT - TABLED _ . _ CQUNCIL ACTION REQUIREI?: NONE 0 ' 1 REGULAR f�EETING, MARCH 17, 1975 PAGE 7 ��E�'I $US I IVESS (CON7I NUED) � BUILDIhG STAND RDS MINUTES CON7INUED � Z. VETERANS OF FOREIGN WARS; 2040 OSBORNE RD. ' �019L�11TTEE REGOMMENDAI.IQ.I�l� APPROVED WITH THREE STIPULATIONS ' O���I1 ACTION REQUIRED: �ONSIDERATION OF RECOMMENDATION� , � ' � �J r� � r� 1 1 � 3, Paco INC�; �BgO ELM STREET �. E� COf�1MITTEE RECOMMFNDATION: PASSED WITH STIPl1LATIONS IF BOARD OF APPEALS GRANTS ALL VARIANCES� ' �OUNCII ACTI�N REQUIRED: NOfdE--AWAIT RECOMMENDATION FROM 1�OARD OF APPEALS RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF FEBRUARY 1g, 1975, , . , , , . , . , , ,' . . . 13 - 13 B REGULAR MEETIiVG, M,ARCH 17, 1975 PAGE 8 ���W l��slNESS ��ON7INUED) RECEIVING TNE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE iY�EETING OF FEBRUARY Z6, 1975, , , , , , , , , , , , , , , 14 - 14 D RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE f��EETING OF MARCH 5, 1975, , , , , , , , , , , , , , , � . 15 - 15 E RECEIVING THE MINUTES OF THE CHARTER COMMISSION h�EETING . oF FEBRUARY 18, I975 , , , , , , , , , , , , , , , , , , , 16 - 16 A CQNSIDERATION OF APPROVING A LETTER OF INTENT TO I�ORTHWESTERN �ELL TELEPHONE COMPANY FOR IMPROVED TELEPHONE SERVICE FOR �IVIC �ENTER� � . � � � � � � � . � 17 - 1% B REGIJL�IR MEETING, MARCH 17, 1975 �� . - PAGE 9 fVEW BUSIl�ESS (CONTINUED) CONSIDERATION OF LEASE AGREEMENT WITH UNITY NOSPITAL FOR PARK PROPERTY � � � � � � ► � � � � � . � � � . � . � � I$ ' Ig E CONSIDERATION OF BID AWARD FOR 1�%� WEED MOWING �ONTRACT ��ID �PENING FEBRLARY Ig, 1975)� � � � � � � . � 19 - 19 B CONSIDERATION OF BID AWARD FOR 5Q,000 GVW TRUCK (�ID �PENING MARCN l�l 1975>. � � � � � � � � � � ' ' ' ' Z� ' 2� � APPROVING RECOMMENDATION REGARDING SALARIES OF LIQUOR STORE ADMINISTRATIVE PERSONNEL� . � � . � � . � � � � . � 21 - 21 A � REGULAR MEETING, N(ARCH 17, 1975� PAGE 10 PJEW BUSIfVESS (CONTINUED) RECEIVING REPORT R�GARDING RESPONSE FROM MEMBERS OF �IFFERENT COMMITTEES WHOSE TERMS ARE EXPIRINC AND RECEIVING COMMUNICATION FROM MARK SCOTT, MEDIA SPECIALIST, ANOKA COUNTY LIBRARY, REQUESTING CONSIDERA- TION FOR APPOINTMENT TO CATV COMMISSION� � � � � . � � � � 22 - 22 � RECEIVING REPORT REGARDING LAW SUIT AGAINST CITY BY YESNES, I NC . � , , , , , , , , , , , , , , , , , , , , , , 23 - 23 � �LAIMS. � . � . � � � , . . � � . . � . . � . � � � � � � 24 LI CENSES , , , , , , , , , , , , , � , . , . , . , . , . , 25 - 25 A ' � . . PAGE 11 REGULAR MEETING, MARCN 17, 1975 � j��W �USII�ESS �CONTINUED� ' ,,,,,,,,,,,,,,,,,,,,,,,26-26B� ESTIMATES, � ' , � CONSIDERATION OF RESOLUTION OF SUP,ORT FOR H�F, 754 FOR ISLANDS OF PEACE� � � � � • � � � � � � � � � � � � ' 2� ' ' � � N COh1MU[V I CAT I ONS : , PARK AND RECREATION DIRECTOR: KIWANIS CLUB TREE PROJECT. Z$ - Zg B ' • 1 . 1 1 � � Ai1J0U RN ; � 1 � � � ' � � � ' �� � � 282 THE MINUTES OF THE PUQLIC HEARING MEETING OF THE FRIDLEY CITY CO�NCIL OF FEBRUARY 10, 1975 The Public.Hearing Meeting of the Fridley City Council of February 10, 1975 was cailed to order at 7:32 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE i�iayor Nee indicated he would appreciate it if the audience would join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, and Councilman Fitzpatrick. MEMBERS A$SENT: �one. ADOPTION Of AGENDA: MOTIOfd by Councilman Starwalt to adopt the agenda as presented. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HERRING: PUBLIC NEARING ON CONSIDERATION OF A PROPOSAL FOR TH� CONSTRUC7ION OF A NATIONAL G�ARD ARMORY IN THE CITY OF FRIDLEY (TABLED NOVEMBER 18, 1974): ' ilayor Nee declared the Public Hearing open at 7:33 P.�-1. The City Manager explained that in September of 1974, the Council had directed the City to send letters to surrounding communities to get their input as to their feelings toward a National Guard Armory. Ne stated there was a total of 60 organizations contacted, and in � return received 14 responses - 8 had no commitment, 3 were for the Armory, and 3 were against. ;iayor Nee said it was his understanding that the City of Brooklyn Park and Brooklyn Center were opp�sed to the idea. He questioned whether Coon Rapids had been sent an inquiry. The C•ity P�anager said all surrounding communities had been contacted; Coon Raplds, Blaine, Spring Lake Park, Mounds View, idew Brighton. Mayor Nee read atoud ' the first paragraph of the letter that had been sent out to the surrounding corrmunities presented by the City Manager. Mayor Nee asked if any of the Council members wanted to speak on this matter. . � Councilman Starwalt said it may be a good idea to ask Mr. Cheeseman to speak on joint activity with other communities. Mr. Cheeseman addressed the Council and stated they certainly were not against it, but he felt communities could handle one alone. Mr. Nick Gar.affa stated he was against the Armory. He felt the Cit� should look 1 at projects that would benefit all the people. He stated there were only twenty or thirty local people who would join the Guard and the only people to benefit from it would be the adjacent businesses. tle directly asked the Council members nut to vote the Armory in. iie was disappointed with the idea of even bring5ng up the Armory again. ' � , , ' L_— Mr. Jack Kirkham, 430 67th Avenue NE, representing the Redeemer Lutheran Church, read aloud a resolution passed at their January 20, 1975 meeting, which stated that the tornado and flood emergancies of 1965 dem��nstrated the community need for buildings such as churches, schoois, and armory to serve as emergency headquarte•rs. He stated that the Redeemer Luthcran Chu•rch congregation recognizes and appreciates the assistance and protection rendered by the National Guard during times of emergency. It was resolved that the Redeemer Lutheran Church congregation supports the building of a National Guard Armory in Fridley. Mr. Peter Treuenfels, 5460 7th Street NE, said he was present as a representative for the DFL Club of Fridley. He said he would like to bring out two points, one being the exact cost of the Armory, he felt the people had the right to know exactly what it is going to cost. He said there is quite a difference between $75,000 and $162,000. He said it had been mentioned that the National Guard Armory could be used as a dance hall, he felt this was fine but if that be the case, why not build a dance hall or youth center, not an Armory. Mr. Treuenfels said the DFL Club was opposed to the construction of a National Guard Armory in Fridley. ------------� .. ,________ ______._.. ��. PUBLIC HEARING MEETING OF FEBRUARY 10, 1975 PAGE 2 __ __: _---, 283 f�layor Nee asked if there were any comments from the public. Mr. Kenneth Sporre, 301 Ironton St., addressed the Council and stated his feeling that the schools could better be utilized to obtain the most of the people's tax money. He suggested using the school facilities that are available and sitting idle at some hours. He alsa suggested that the Council take a second look at the cost factors. i;e indicated not all the people were against an Armory, they were just against the Armory being located in Fridley. tle suggested the possibility of using the Twin City Arsenal property for such an Armory. Mayor Nee indicated there had been some discussion an the possibility of locating the Armory on other sites with others participating in the project. lie indicated the response to this aspect of the question had been negative. Mr. Virgil Herrick, City Attorney, said the City Attorney from Columbia Heights was present to speak on the matter. t�ir. Roland Kalina, Culumbia Heights' City Attorney, explained he was present on behalf of the Columbia Heights City Council. ��r. Dennis Schneider, 6190 Stinson Boulevard, commented he had seen a program broadcast by General Television in which the students at Fridley High School were interviewed about their school and City. ile informed the Council that during this program, the main concern by the young people was that there was nothing for them to do in the City. ��lr. Schneider continued to state that under the current financial situation, lie was against anything that would involve the taxpayer's money. He asked the City Council to consider a youth center or a swimming pool., or something that would be available for the people all of the time. Councilman Starwalt asked what would be the next logical step in this consideration. Mayor Nee said it was his understanding that the decision process would be next. Ile said if this is looked at favorably, this would mean the signing of a lease or the adoption of the resolution. Councilwoman Kukowski said it was her understanding that the City had only looked at one site. She asked if the City had looked into the feasibility of the Arsenal property being used. The Public Works Director, Mr. Dick Sobiech, said the City had reviewed all City owned sites in Fridley. �le also stated they had reviewed sites outside the City with negative response. Mayor Nee explained that during the last election campaign in November, i�e had tried to find out the public's feeling on the proposal of the Armory being located in Fridley. He commented that a survey was taken and of those people who had strong feelings on the construction of an Armory, the vote was four to one, opposing. rle added, most of the people did not have strong feelings concerning the question. i•tayor Nee said he felt there was very little public demand for the Armory. Mr. dill Driggans, 1280 Hathaway Lane N. E., addressed the Council and stated he was a member of the Planning Commission and on January 22 the Planning Commission had discussed the proposal of the Armory. I;e stated there is no facilities for the youth of the City and suggested the consideration of a joint building structure that could be used by the youth of the community, the community as a whole, and also in conjunction with an Armory. Fie felt this proposal with joint funding should be investigated. �ir. Driggans felt this shou�d be ccr:sidered and referred back to the Planning Commission for consideration on the funding aspects. He thought the costs should be compared with the question being answered on how much the City would have to contribute in this type of youth center. hlayor Nee.replied that this had been explored and the National Guard was quite concise as to what they will finance. Mayor Nee said one problem is the cost of the land, presently being $50,000 with- out assessments. hle commented this is a very expensive proposition. He stated if the City wanted a youth center, this must be solely funded by the City. MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:00 P.M. Mayor Nee said this proposal will be on the February 24, 1975 Council agenda for consideration. ULD BUSINESS: PROPOSAL FOR DEVELOP N0. 126-1974 FROM N_ HND NORTH PARK AS A NATURE CENTER AS OIRECTED BY RESOLUTION �$� � PUBLIC HEARING MEETING OF FE6RUARY 10, 1975 PAGE 3 ' , RECEIVING RESOLUTION AND OTHER PERTINENT MATERIAL FROM SPRING BROOK PARK NATURE CENTER FOU DATION: '. Mayor Nee said the Council was furnished with two proposals, one from the City Naturalist/Resource Coordinator, Mr. Dan Huff, and one from the Spring Brook Park Nature Center Foundation. Mayor Nee asked Mr. Huff to come forward and make a presentation. � ' , � � �J � � � � � ' ' ' The Naturalist/Resource Coordinator addressed the Ccuncil and summarized the City's consideration to hire a Natur•alist and listed when this action had been taken. He also recalled that at the public referendum in November, it was decided ihat North Park be developed as a nature center. He indicated that the Spring Brook Nature Center Foundation feels that they should operate the nature center independenly through a lease agreement with the City. P�1r. Huff said it was his recommendation that the City work cooperatively with the Foundation according to an agreement such as that on Appendix G of the Council agenda. i1r. Huff pointed out the various funding shares within the LAWCON Application to have been amended as follows: $275,000, the Federal share, $71,500, the State share, and $101,750, the City's share. He mentioned that future funding possibilities may include private contributions, State and Federal grants, and "user" fees from the various school districts. The Naturalist/Resource Coordinator said a survey on the use of the Park had been taken with the Fridley DfL, VFW, City of Coon Rapids, �oy Scouts and the area school Districts favoring the development of the nature center. ile thought the City should be used as a vehicle to obtain additional grants through public funding. He pointed out that the City wouid provide police and fire protection. ��ir. Huff said he had previous7y established a working relationship with the school districts and also with the officials and staff of Anoka County. Ele indicated there may be some problems in the City obtaining funding with the lease, but said there would be no hindrance at all to the Foundation's reaching their goals with the cooperative agreement with the City. Ne said he expected the LAWCON funding applica�ion to be redone and approved through the granting agencies. Mr. iiuff presented information on the basic costs of a Nature Center Program and mentioned if a joint venture is desired, the City must decide what type of cooper- ative agreement should be offered. Mr. Huff questioned the amount of personnel the City would provide and what level of development should be guaranteed. Councilman Breider questioned the expenditure of $100,000 and asked if this was for the fencing. Mr. Huff explained that they had reviewed the fencing along with other alternatives for the 9,115 perimeter. He said this price indicated the cost of a six foot chain link fence without gates or corner posts. Councilman Breider asked where the price had been obtained from and the Pub7ic Works Director replied that this was through the Midwest Crown Iron bJorks Company. Gouncilman Starwalt questioned the statement that the gates and corner posts were not included and indicated he thought that this type of item would be what ran up the bill. Mr. Huff indicated that the fencing could be bid out for a more competitive price. iiayor Nee asked if the fencing would be professional installed and Mr. Huff said yes. Mr. 'rluff continued to explain that this would provide the park with protection from snowmobiles,trail bikes and even horses. The question of wnether or not it would be possible to have volunteer help work on the installation of the fencing and the City hlan�ger indicated the cost would be substantially reduced if there were volunteer help utilized. t4ayor Nee referred to the amount of the total interpretation budget for the year 1975 and said he thought this was $91,000. Mr. Huff said .this was the total requested budget, but this had been reduced to $47,000 with $15,000 for the tree disease program and $31,000 for the nature interpretive program. Mr. liuff expressed the opinion that if North Park were to be developed as a nature center in cooperation with the Foundation, funds would be reallocated. i�layor Nee said he did not get the feeling that the Foundation wou7d accept a cooperative agreement. Councilman Starwalt questioned the number of people present from the Foundation who would be making the presentation to the Council. Dr. Richard Trezona, Chairman of the Springbrook Nature Center Foundation, approached the Council and congratulated Mr. Huff on his presentation. Dr. Trezona clearly stated that the foundafiion did not care if they had a lease or not, they did want an agreement with ihe City so the Foundation could take part in the development of North Park. Dr. Trezona said he would like the Fridley City Council to have the ultimate say in the plans for the development of North Park. Dr. Trezona read aloud a letter of January 28, 1975 in which the Springbrook Nature Center Foundation was requesting permission from the City Council to develop and operate a nature center in North Park. Dr. �-- ------------------------ ----- ------- ----- --------____--_ _-------------- ---------- ----- --� _ _.__ . _ _ __ _ � _ _ ._ _ . . �__ _ ___ _ j . �$,�, PUBLIC HEARING MEETING OF FEBRUARY 10, 1975 PAGE 4 Trezona expressed his feeling that it was very important to develop North Park without costs being paid by the taxpayers because the people were told that this area would be developed with no cost to them. He said the idea of the Foundation would be to obtain the funding and then pay the bills. He added, in the cases where the City would be used as a vehicle in the funding areas, the City would be reimbursed for the expenses involved. Ur. Trezona said the Foundation would like to use the City's clerical help by running the Foundation`s payroll through the City to take care of the insurance, tax deductions, and pensions, etc. Dr. Trezor.a referred to. the letter of February 4 and explained that the following data contained in the letter was a summarization of committee reports from members. One of the plans was the concept of education and recreation for children, students, and professional participants. Dr. 7rezona said the nature center would be developed in line with the usage and also the possibility of what the center could become in the future. He said the cost could be extensive or minimal. Dr. Trezona said in discussiens with various architects from the L'niversity of Minnesota, there was a wide variety of conclusions. iie felt the nature center could and would be unique. Dr. Trezona pointed out that the finance committee had adopted goals for fund raising for the first year. Dr. Trezona emphasized that the center would be a new thing ar�d mentioned the new concept in the construction of the self susta �ing type of building as far as sewer, water, etc. iie mentioned that the Foundation was very energy conscience and hoped to construct this type of a faciTity. ur. Trezona mentioned the aspect of the center being an educational tool and doubted whether the City would want to get into the e.ducation business. }le mentioned the involvement of the school districts in the program and suggested a time table and schedule be set up to enable the various school districts to determine their needs. He expressed the hope that the school districts would become involved in the funding of the nature center after the needs are established. He mentioned he had not discussed this with all of the school districts. Dr. 1'rezona continued to explain that the Foundation would like to have a close working relationship and cooperation with all governmental bodies. He felt there should be a liaison between the Foundation and the City. �r. Trezona further commented that the Foundation is a non-�aartisan, non-political organization and the Foundation is ready to cooperate with the City. Ur. Trezona presented two structural charts to the Council on the screen which illustrated the organizational structure of the program. He said all major decisions would be channeled through the City Council. ur. Trezona referred to the second organizational structure indicating the Fridley City Council would be at the top of the organization. tie stated the nature center director would be doing the managing and wo�king with the Springbrook Park Nature Center. In addition, there would be employees and volunteers, participating school districts, and various organizations. The bottom part of the chart outlined the origin of funds and service. Dr. Trezona stated that Dr. Walter Breckenridge from the University of Minnesota asked that Dr. Trezona bring up some comments at the current meeting. Dr. Trezona mentioned Dr. Breckenridge's concern of the restoration of the area. Dr. Trezona said he wished to thank various people who were serving or willing to serve on the Foundation; Dr. Harrison, a volunteer; Mark Noble, student of botany; Mr. �Jinston Worden; �leil Ghristensen, student; Lyle Brac:ley, science chairman; Dr. Dennis Holloway, ;rchitect from the University of Minnesota; �-1r. Donald Lawrence, Professor af Botany at the University of Minnesota; i�1r. John Meyers, a consulting Engineer and school Board member of District #14; and Wil7iam Pieper, banker. He mentioned Mr. Pieper had an extensive listing of siahtinos of birds in North Park. Dr. Trezona also thanked Mr. David Schaaf, State Senator, i��rs. Jan Seegar, member of the North Park ad hoc Committee; Dr. Tordoff, Jack Velin, Mrs. LeeAnn Sporre, secretary, and Mr. Don Savelkoul, legal advisor. Dr. Trezona explained through the help of Mr. Savelkoul, the Foundation had received IRS status. Dr. Trezona also pointed that there are seminars on fund raising for such projects conducted and the instructors are at the City's disposal. He emphasized that the Foundation and the City would have to cooperate in the success- ful execution of the plan. Dr. Trezona said he would be happy to answer any questions. Councilman Starwalt asked Dr. Trezona if he wanted the employees of the Foundation to be City employees receiving full benefits, but yet reimbursed by the Foundation? Councilman Starwalt asked if this was possible,had it been checked into? He asked why Dr. Trezona thought that this action would be an advantage to the Foundation. ', Dr. Trezona replied that in the early stages they would not have the structure i�� i i I ! i ' I PUBLIC HEARING MEETING OF FEBRUARY 10, 1975 ' ' ' ' , ' ' PAGE 5 in their organization for withholding taxes, or a retirement benefit program, or an insurance program. Ile suggested a method be worked out through the legal department so that the Foundation employees salaries could be paid by the City. He said he was not sure if this aaould be feasible, but felt it would be more simply done through the City. Dr. Trezona said he was not asking that the foundation personnel be City employees per se, he would just request that the accounting be handled through the City. The City would be reimbursed forthe use of the clerical help in the bookkeeping department. Councilwoman Kukwoski asked if the Foundation's program included the City Naturalist? Dr. Trezona said the program will have a nature center director. Dr. Trezona said it did not include the City's PJaturalist. Councilwoman Kuko4�ski said that Mr. Dan Huff had been hired by the Council, and the he was over qualified for the remaining programs if North Park is turned over to the Foundation. Dr. Trezona explained he had no objections to havinq Mr. Huff work for them. Councilwoman Kukowski asked if the Coucil would have any input on hiring a director? Dr. Trezona said Council would have the final word. Councilman Fitzpatrick said that the Council had not heard the proposal or the lease agreement. Dr. Trezona sai� thelease agreement was strictly proposal. Dr. irezona read aloud part of the lea�e agreement to the audience. He stated that Dr. Breckenridge's remark referred to numbers four and five in the lease agreement. he also added that the City would provide police and fire protection. Dr. Trezona referred to page 2-II of the Council agenda and said this may be somewhat ambiguous, but this could be modified. Councilman Breider said there seemed to be some concern by Dr. Trezona about using ' the naturalist. Dr. Trezona stated that the Foundation did not want a City employee directing the nature center, there would be too much conflict of interest. L'r. Trezona said he had no personal feeling about Mr. Huff. Councilman Breider said it was his understanding that the naturalist should not be a liaison. Dr. � Trezona said the Foundation and the City Council should huve a person they can work through, possibly the City P1anager. Mayor Nee clarified the matter stating it would not be the Naturalist. t�e suggested someone serve as a liaison, but he questioned the cost. ' Councilwoman Kukowski questioned the City Manager asking if the City had a lease agreement with the Islands of Peace and if the rental fee of this lease agreement would be �] per year. The City �anager said yes, it has a lease agreement in this amount. Dr. Trezona said that he had mentioned the use of LA4ICON Funds stating • ' the previous idea had been that this area was going to be a golf course, now, it has been determined it would be a nature center. He thought a nature center is nb re qualified for LAtdCON funds than a golf course, therefore it may be more eligible. ' He thought that there could be contractual arrangements for the Foundation to manage the nature center allowing for the acquisition of funds. He did not think there ' would be a conflict of interest with the State Planning Agency. He added, i�e had letters to confirm this point. ' , � Mrs. Shirley Caldwell, 5874 Hackmann Avenue, expressed her feelings and said her husband would have been very impressed with some of the Foundation's ideas. She presented a donation to the Foundation. Dr. Trezona expressed his gratitude and mentioned that the Caldwell family had asked that memorial contributions be given to the individual's favorite charity, and many people had chosen the Springbrook Nature Center Foundation. Dr. Trezona referred to the construction of structures in North Park and suggested that a log cabin style building would be large enough for an office and could also house a few supplies. Dr. Trezona suggested that this type of structure would be suitable for a few years. Possibly, it could be turned into a bicentennial cabin with a little stockade, fence and a garden plot. He said he had spoken to suppliers of White Cedar Logs, and they stated the Foundation could purchase the logs at the same price that they were three years ago. Ur. Trezona said he would very much appreciate taking some sort of affirmative arrangement back to the Foundation. He requested that the City's legal people work with the Foundation and come up with a satisfactory agreement. ' ( i � L_ __ ___.___ - 287 PUBLIC HEARING MEETING OF FEBRUARY 10, 1975 PAGE 6 Mayor Nee said the element that seem ed to be lacking in the proposed agreement is the responsibility of the Foundation. Mr. Ken Sporre, Secretary of the Fridley Jaycees, addressed the Council and asked to read a letter prepared at the Jaycees meeting of January 4, 1975. He explained that the Fridley Jaycee's voted unanimously in support of the Springbrook Nature Center Foundation being authorized to operate the nature center with funding and rr�npower. (�iayor Nee said the recent election showed quite a definity of judgement by the people favoring Pdorth Park development as a nature center in excess of two to one. tle said it was proposed that the Springbrook Nature Center Foundation be allowed to do the job and there was no proposal that the City do it. Mayor Nee said there were approximately ten or t��relve pieces of literature that made this type of statement. Thousands of people were told that the issue was between a golf course developed by the City and a nature center to be developed by the foundation. The public had made a very clear judgement at the referendum and Mayor Nee stated he hoped the Council would respond to the decision by the people. Mayor Nee said it would be in order to direct the City Attorney to draw up some documents which would describe an agreement with the Foundation. MOTTON by Councilwoman Kukowski that the City Council direct the City Attorney 'o work with the Springbrook Nature Center Foundation .� drawing up an agreement to be considered by the Council. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider center development of communication. Attorney. said he had no problem with the City's agreement with the nature by the Foundation, but he had some trouble clarifying the lines He felt the Council should indicate a direction to the City The City Attorney said the duties of the Foundation should be included and set forth in the agreement along with the duties of the City. He stated that it would be difficult to draft an agreement unless he knew which way the majority of the Counci] wanted to go in the responsibilities of both parties. He asked if the City wi71 provide the director, or would the Foundation? He said these questions would have to be answered so a draft could be prepared for the agreement. Councilwoman Kukowski said she would like to clari`y her motion. She stated she was going along Springbrook Nature Center Foundation's recorrnnendation as clarified. She said she discovered she did not like the way it was worded, but understood r.ow that the City would be compensated. She agreed with the Springbrook Nature Center foundation in that this could be taken care of by the City P�1anager. Councilman Fitzpatrick said in speaking to Councilwoman Kuk ski's motion, he thought that following the election the obligation given to the Springbrook Nature Center Foundation was to raise funds. As Councilman Fitzpatrick saw it, Council- woman Kukowski's motion is to provide for this. Mayor Nee asked if there was any further comments on the motion. The City Attorney said these agreements are drawn in general terms. He questioned as to what type of an agreement the Council would like to see. Councilman Starwalt said this was outlined in 2-S, 2-T and 2-U of the Council agenda with the exception of Item 4. The City Attorney said he would review both agreements and draft an agreer:�ent. � The City M,anager said he would like to bring out one point in the commitmert agreement with the Foundation that any services they desire from the City wi71 be reimbursed. He said there may be a letter o�'�nderstanding listing a number of items. NEW BUSINESS: CONSIDERATION OF THE FIRST READING OF AN ORDINANCE RELATING TO THE SALE OF REAL i MOTION by Councilman Brieder to waive the reading of the ordinance and adopt the ordinance on first reading relating to the sale of real estate owned by the City. ' Seconded by Councilman Starwalt. Upon a roll call vote, Mayor Nee voting•aye, Councilwoman Kukwoski voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Councilman Fitzpatrick voting aye, Mayor Nee declared the motion carried unanimously. . ' ��� _ _ ._ _._ - � i ��Q � � ' PUBLIC HEARING MEETIN6 OF FEBRUARY 10, 1975 , � � ' PAGE 7 CONSIDERATION OF A REPORT REGARDING STUDY 7RIP TO RUSSIA CO-SPONSORED BY THE NATIONAL LEAGUE OF CITIES AND UNITED STATE CONFERENCE OF MAYORS FROM COUNCILP1AN STARtJALT: Councilman Starwalt explained that he entered into this request with a great reluctance but that he had talked with a few people who felt if it was worth going to Russia. fie mentioned he thought it would be worth asking for some assistance. lie read aloud a letter he had received from the National League of Cities. Fle said that whether the City pays for part of tiie trip or not, he will sti71 participate in the tour. Council- man Starwalt said if he was not fully interested in this, he would not have made a reservation. He felt this trip would have some advantages to the City in that he would be learning something. He added, if he did feel this way, he would noi be asking for the funds. Mr. Dennis Schneider addressed the Council and asked if he cou7d make a few comments. ' He said his comments were not directly related to this one trip, but with funding of all City trips. Ne said he would like to see the City Council adopt some sort of policy, he felt there should be equal representation for both sexes, since men seem to go on business trips and women stay in the office. He said if there are things ' to be learned, the public should fi nd out, and there should be a report back to the Council and back tn the public as to what was learned on these trips. Mr. �chneider thought that there should be some policy decision. , 'I iJ L� ' ' �I � i� , I � i�layor Nee commented that in most cases, a report is made after the trip. He stated that the City has sent officials to National Conferences and ihey report back to the Council. Mayor Nee said he was not sure of any defined policy. �ounci7man Fitzpatrick asked how often Councilmen go on trips? He asked if total expenses were paid and to what degree. The City Manager said that yenerally, members of the City Counci7 attend local or state meetings, Not all City Council members have attended loca] meetings, but one or two have, and they br9ng back information that is shared by the other members. He explained the City Council authorizes the money beforehand, and there are funds allotted in the budget for this type of trip. Councilman Fitzpatrick asked how much expense is paid. The City Manager stated that anything related to the trip is usually paid. I;e stated sightseeing is not covered. The City Manager said lodging, food, fees, and travel are usually paid. Councilman Breider asked Councilman Siarwait if he planned to attend the League meeting in Washington, D. C. Councilman Starwalt replied that he was not. i•lOTIOh by Councilwoman Kukwoski that the City Council a7locate $100 for Councilman Starwalt's expenses to Russia. i-layor Nee declared the MOTION DEAD FOR LACK OF A SECOND. Mayor Nee said he agreed with Counci7man Starwalt and felt it was a aood idea for him to attend. Councilman Breider proposed the idea of reviewing the report when Councilman Starwalt returns from the trip and analyze the report as far as content, and if it is viable, the Council go ahead and approve reimbursement of $200. He mentioned the Council could talk about relations with other countries, but this type of tour is difficult to explain to the taxpayers. Councilman Starwalt said he appreciated the Council's suggestions. i�lOTION by Councilman Breider to table the consideration of the requ?st. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 22-1975 - DIRECTING PREPARATION OF ASSESSMENT ROLE FOR ST. 1974-1 STREET IMPROVEMENT PROJECT: MOTION by Councilman Breider to adopt Resolution No. 22-1975, directing preparation of assessment role for St. 1974-1 Street Improvement Project. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, i•layor Nee declared the motion carried unanimousiy. kESOLUTION N0. 23-1975 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR ST. 1974-1 STREET IMPROVEM[NT PROJECT: 'MOTION by Councilman Breider to adopt Resolution No. 23-1975, directing publication i of hearing on proposed Assessment Roll for St. 1974-1 Street Improvement Project. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee L- _ _--- — --- =- _-------- - - ---------- -- -_. __ _ _— --- - . 0 , ?,R9 ; PUBLIC HEARING MEETING OF FEBRUARY 10, 1975 PAGE 8 ' declared the motion carried unanimously. RESOLUTION N0. 24-1975 - DIRECTING PREPARATION OF HEARING ON PROPOSED ASSESSMENT R LL FOR ST. 1974-2 STREET IMPROVEMENT PROJECT: MOTION by Councilman Breider to adopt Resolution ido. 24-1975, directing preparation of hearing on proposed assessment roll for ST. 1974-2 Street Improvement Project. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, i�iayor Nee declared the motion carried unanimously. RESOLUTION N0. 25-1975 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR ST. 1974-2 STREET IMPROVEMENT PROJECT: i10TI0N by Councilman Breider to adopt Resolution No. 25-1975, directing publication of hearing on proposed assessment roll for ST. 1974-2 Street Improvement Project. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motior, carried unanimously. Councilman Breider said he would like to suggest if agreeable to the Council, that the Finance Director prepare some alternate rolls for 7th and 68th Avenue. tie indicated he would like to have that information a�.ailable for Council consideration. RESOLUTION N0. 26-1975 - DIRECTING PREPARATION Of ASSESSMENT ROLL FOR ST. 1974-4 STREET IMPROVEMENT PROJECT: ^ i�lOTION by Councilman Breider to adopt Resolution No. 26-1975, directing preparation of assessment roll for ST. 1974-4 Street Improvement Project. Seconded by Councilmai� Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i2ESOLUI�ION N0. 27-1975 - DIRECTING PUBLIC�ITION OF HEARING ON PROPGSED ASSESSMENT ROLL FOR St. 1974-4 STREET IMPROVEMEN7 PROJECT: MOTION by Councilman 4reider to adopt Resolution No. 27-1975., directing publication of hearing on proposed assessment roll for ST. 1974-4 Street Improvement Project. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 28-1975 - DIRECTIN6 PREPARATION OF ASSESSP�ENT ROLL FOR SEWER, WATER, AND STORM SEWER IMPRQVEMEPdT PR�JECT �10. 114: �10TION by Councilman Breider to adopt Resolution No. 28-1975, directing preparation of Assessment Roll for Sewer, tdater and storm Sewer Improvement Project No. 114. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor iVee declared the motion carried unanimously. RESOLUTION N0. 29-1975 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMEN7 ROLL FOR SEWER, WATER AND STORP�1 SEWER IMPROVEMENt PROJECT N0. 114: MOTION by Councilman areider to adopt Resolution No. 29-1975, directing publication of hearing on proposed assessment roll for Sewer, l�Jater and Storm Sewer Improvement Project No. 114. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION ON LIQUOR LICENSES IN RESPONSE TO COMMUNICATION FROM MR. DON SAVELKOUL: Mayor Nee referred to the memo from Mr. Don Savelkoul regarding liquor licenses. He asked what the Council's feeling was on this proposal made by Mr. Savelkoul? The City Attorney said he had checked this matter through the Attorney General's Office to determine if this is a criteria the City will have to follow. Mayor Nee proposed a condition of not more than 60% of revenues coming from the sale of liquor. Councilman Brieder said they must keep in mind the size of the facility. Mayor Nee reminded the Council of the problem of establishing criteria that would allow for the tavern type facility. A question was raised whether this would be 40% minimum food or 40� maximum liquor. Councilman Breider asked what the other 40� would be. Mayor Nee said it would be anything. The City Attorney said for example, a ballroom could have 60% income coming from admissions and 40i from liquor and nothing from the restaurant. He said that with the 2,000 square feet capacity criteria, they have to have a kitchen. ; I -- - ._ _ . - . __-- - - --. __ _. _ __ �.__ _. _ _ __------ -- _ ---_ _ __ _ .__ _--._______ _____ _ __.__ ___j � ��� � PUBLIC HEARING MEETING OF FEBRUARY 10, 1975 PAGE 9 Mrs. Shirley Caldwell addressed the Counci7 and said there are limited things for young people to do in Fridley at the present time and she asked if this would take liquor into places where young people go such as roller skating rinks. f�layor Nee , said he would hope not. The City Attorney said Mr. Savelkoul may be agreeable to the suggestion of serving drinks in a confined area. Mayor nee asked if there was any further discussion. Councilwoman Kukowski asked how they could suspend a liquor license. Mayor Nee said that it was very difficu7t to suspend or remove liquor licenses. The City Attorney said the Ordinance says that licenses are not transferrable without the consent of the City Council. ADJOURNMENT: i�10TI0N by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, i��7ayor Nee declared the motion carried unanirnously and the Public Hearing Meeting of February 10, 1975 adjourned at 10:32 P.M. Respectfully submitted, Shel���� �� rison William J. Nee Acting Secretary to the City Council Mayor Date Approved . i � � � f � � � ( 1 ; j i � �A ' � CTTY OF FRI:DLEY MEMO�ANDUM IT0: NASIM N1, QURESHi, CTTY MANAGER, AND CITY COUNCIL ' ' ' FROP�: MAaVIN C, BRUNSELL, ASST. CITY MGR,/FIN. DIR� ' SUBJECT: AL7ERNATE ASSESSNIE�JT ROLLS � ST. 1974-2 (7TH S7REET; BETWEEfJ MISSISSIPPI STREET AND 67TH. A�ENllE) DATE : MARCH 12 , 1975 " l�. On the attached sheet, you will find assessment rates and other information on the original assessment roll, alternate assessment roll� number one, and alternate assessment roll nurober two, The oriqinal ro11 was prepared in conformance with existing City policy relating to the assessment of side streets. On the original ro11, the side street was spread all the way f rom 7th Street to University Avenue on the south side of 66th and the north side of Mississippi Street. This 4vas because there was no possibility of the aroperty being assessed for a side streei assessment from the University Avenue side. lJe �vent halfway down t�ie street on the south side of 67th Avenue and the north side of 66th Avenue, because there is a.service road along University Avenue between 66th and 67th. The people on the westerly sides of these two streets cou7d be included in a side street assessment for this servic� road. Alternate roil number one was prepared on the basis o� going a17 tne.way to University Avenue on a affected streets. Rlternate roll number two has been prenared on the basis of going halfway down ' t�ielblock on the sout s�de of 67th Avenue; 66ti� �venue, north and south side; and the north side of Mississippi Street. , The public hearing was presented on the basis of the assessment as made in the original roll. This roll was used when figures Vrere given to the public at that hearing. There was some comment at Monday r;yght's hearing that someone ' told one of the property oU�ners that side yard assessments are only spread half4vay do4vn the street. I am sure there is always the possibility of some misunderstanding in telephone conversations. Whether the City Council wants to ' alter its policy or make an exception to its policy on this particular street is, of course, their prerogative. ' MCB:sh �� , � �_J ' �I ' � L� ' ' � �'� ST. 197G-2 STREET IMPROVEMENT PRQJECT (MSAS) 7TH STREET: BETWEEN MISSISSIPPI STREET AND 67TH AVENU� ORIGINAL ROLL: (Side footage on west side of 7th Stree� spread to University Avenue on Mississippi Street and south side of 66th Avenue, and one-half way down block on north side of 66th Avenue and south side of 67th Avenue.) 100 front feet commercial x$28.12 per foot = 390 front feet residential x$12.91 per foot = 548 feet side street commercial x$3.75 per foot = 5,314 ieet side street residential x$1.72 per foot = To be paid from State Aid Funds $ 2,812.00 5,034.90 2,055:00 9,140.08 $ 19,041.98 16,658.82 $ 35,700.80 ALTERNATE ROLL N0. l: (Si.de footage �n west side of 7th Street spread to University Avenue on Mississippi Street, both sides of 66th Avenue, and south side of 67th Avenue.) ].00 front feet commercial x$28.12 per foot = $ 2,812.00 390 front feet residential x$12.91 per foot = 5,034.90 548 feet side street commercial x$3.11 per foot = 1,704.28 6,506 feet side street residential x$1.43 per foot = 9,303.58 $ 18,854.76 To be paid from State Aid Funds 16,846.04 $ 35,700.80 ALTERNATE ROLL N0. 2: � (Side footage on west side of 7th Street spread one-half way down block on Mississippi Street, both�sides of 66th Avenue, and south side of 67th Avenue.) ' � ' � � ' ' 100 front feet commercial x$28.12 per foot = 390 front feet residential x$12.91 per foot = 250 feet side street commercial x$4.71 per foot = 4,411 feet side street residential x$2.17 per foot = To be paid from State Aid Funds $ 2,812.00 5,034.90 1,177.50 9,571.87 $ 18,596.27 17,104.53 $ 35,700.80 lA ,I ' i . , . , v � , ' . � I B ' . • ' ' ' � , :. ' r _ � . . ` � -- ,rwJ� �� �r.,. _ � r%.. �:. _'. , ,� / �V � i F'• 1/c ] o . O _ �`' , (, � . : . i L '? , ��,. r . �� C.� _�•�_. � lrr � r_�, �-i.c� � 1� ll -. ° � . �� 7 ; . // . '.;f.�.�.. f �� � • `��r`' �l (� � � y � ' •L q L� `'°ii-•; /u`}..�7 �_l:_'I(rinfi) i i •rr-rr ��ii In yi'-:.1 i. .i �•'.�rl^". ��? �l�„�� . �4 �a. Y � -:=-�-t c �`�I� �t - ti s J 4�'� � �'' � �� �.:�a I � ^' 6.� 5 -�t-4�s � lo � � 8 .i �'• ��'r.�'r 1 - ♦� ' � a � ` :�. � 1= � ! ?. B� 6° '?}'� .�; 9 :° .� �, +; �o, =o � � ; :. j—�:> ;s � ' ; ° . ,. - .... .�67 A�fE. 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ORIGINAL ROLL Side footage on west side of 7th St. spread to ' University Ave. on Mississippi St. and south • sic3e of 66th Ave., and one-half down block on • nortn side of 66th Ave. and south side of 67th ��' Ave.) � . , $28.12 per front foot commercial � $12.91 per front foot residential � � $3.75 per foot side street commercial $1.72 per foot side street residential � . ' . � . ' ' • � � • . � , ' . � r"' l'- ��Nt / T—... N _,�.,. �� ii �' ;--^: . , `" � ;io1'.J�.� z ��. ��.�,,ti; ;�-. ,_ V' � y�' 6�` I�,1�y3 F�- 60 �-�✓,�..1 � �; � ;� ' �, �� . � 1C ; f. i� x c, prh,� � ,� � _ ��/.' '"— 2`Y , _�`:- �- /, '' _ 1. ---" t,r! , -1� -.: �- . i. - 4__ !t {., , -�%•--. �? r � �I v_ L,� ,{� - 3 I o; q a B w r�-S (""�J �. i _-``.., . �o _' �j �' j ��_' :> ;s � i4� � � � . "" __ . � � _ _ - ' C �...�. S� � . . , -. . .. ._.. . '. . . . . .,... ._ ..: . ._._ . .. .__,__ ' ... : . ... "..._ _�.... � �,�'_; � .. . . . . . . , ..... � � �� ST. 1974-2 STREET IMPROVEMENT PROJECT (MSAS) ' 7TH STREET: BETWEEN MISSISSIPPI A.�'�D 67TH AVE. ALTERNATE ROLL N0. 1 � ' , (Side footage on west side of 7th St. spread to - . University Ave. on Mississippi St., both sides . of 66th Ave., and south side of 67th Ave.) - � ' $28.12 per front foot commercial $12.91 per front foot residential � . ' $3.11 per foot side street commercial . � $1.43 per foot side street residential - ' . , _ ' ` " r • ' ' . . il ' , . I I . , . . , ; . � ' , ' , - 1D 1 � . , .' - . .. . . . . . . , _:rL_ � � r/c / .•rr:�» ;;�� � � -ti.r. [ v ' `�t... /a k o . p Y 6 ' .. : - ' e � �/ y' ,. v` i � [f �� � c�� ,, O �-^;., -...,•rin.. :� I , . �. 3 . ��' . e . . .. i . . U �_�r� . - -�:: _.... .. ^ �,_� �_��.__, l�:�,: '. _ '•'-. � � ��' ,d 7 2 Y � y e // : i • � ` '• . • .. '. . 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I S 4 �% �. .. <.�'"'�' ..: � .,' -:`�' . . � . , y) � � ( `I i, f TER."PL^� - -•-��-�--- ----- � .. .. ,. ' �� / I � +` � ! ., �'j%.: � .. ,.. ,. �% �f ,' ^;..� "'t�..._�_, Y Z r J : ,., ,,. �J , ,., ' � z : /� `�! I �lI � 9 � ' d � . 4 .i :� `�� crn � � P� � � 1 � . � �� °� 6 ''� �"'C'.! •�� �- �f , � d". S.�•..i/���K / �f"7 � � ` � /i I /s I y 4 . ' �I 9 7 I 5 ,'. �, �'2 � ,1 '��, �" ._�_ M �i I �'y .� 9 � i ✓ � i��•°,in:,j: :l�j� zs I;.r _ C 0 U; �� Y STA T •,.. ,. ..t-�=.,:.. z__... _.:_y.._ `' I � , . ,�. —�..:— � �-Afa-F?IGHS��aI�'���.�. 6 .,.,._:- -...----- - � � ----,--6415SIS5fF��f.,..,S7�EEi' - -. ,., -.--•-- �.':�, - � � . . CE�NTF_R.��, _ -� -- - �� . r. : . � � � --- 5��.�---.__.�..�._.� __ _ . . _._ . . _ --- ..� . � �� _ .. �,_ _ __ _ _ . - ___ _ . . ST. 1974-2 STREET IMPROVEMENT PROJECT (MSAS) -� 7TH STRE�T: B�TWEEN MISSISSIPPI Ai1D 67TI3 AVE. IALTERNATE ROLL N0. 2: (Side footage on west side of 7th St. spread � one-half way down block on Mississippi St., • both sides o.f 66th Ave., and south side of �• 67th Ave.) � , $28.12 per front foot commercial $12.91 per front foot residential $4.71 per foot side street commercial ' $2.17 per foot side street residential ' , : � � � I . ' . .. � , I�� � . ' , � '� :}' , ' ' ' 373 Mississippi Fridle�r, Minn. March 4, 1975 City of Fridley ' City Ha11 6431 University Ave. _ Fridley, Minnesota 55432 ' � ' I � � Attention: Subject: City Cauncil and Mayor Assessment hearing for ST. 1974-2 Stree� Improvement project. St. N.E. 55432 The legal description of my pra�erty is Lot 7, Block 2, Rice Creek Terrace Plat l. I recently received a notice of a hearing relative to the improvement of Seventh Street: Since I am not sure that I can attend this hearing I wanted to inform you of my position on this assessment. I was quite surprised to be included on the proposed assessment role for this improvement. At the time of the improvement hearing I called and talked to someone in City Hall. I am not positive anymore who it was, but I think it may have been Mr. Brunsell. He explained that the po?icy for establishing the assessment role was to take the amount of the actual cost that was not to be charged to the directly . bene£iting side yard owners along 7th St. and spread this remaining cost along the intersecting cross streets for a distance of 12 the way down the block. Upon discussing my particular location it was agreed that I was more than � the way down the block. I consequently did not attend the public hearing on the improvement. Upon receiving the assessment notice I called on 3 March 1975 and talked to the special assessment clerk. She told me my proposed assessment would be $T70.OQ. I again asked how the assessment was spread and again was told that it went � the distance down the block. I attempted to explain that I was quite sure I was more than that distance from 7th St., but was assured that I was to be included. After getting home I checiced my city maps and assured myself that in�the distance from 7th St. to University Ave. there are twelve 100 foot lots platted starting at 7th St. with lot number 1. My lot, number 7, was in fact, past the half way point. J � ' F ' ' To: City of Fridley City Council and Mayor 3/4/75 , Assessment hearing for ST. 1974-2 Street Improvement project. Page 2 On 4 March 1�75 I called back and again aiscussed this with a special assessment clerk (not the same one). This time I was told that all of Niississippi St. from 7th St. to University was inc�uded in the assessment and the clerk the day betore fiad be�n wrong. Since T have'been living in Fridley for over 16 years and have served on the Plats & Subs subcommittee for over 6 years I have been involved in a number of assessment or potenti.al assessment hearings and discussions. I know that the policy is to spread these side street improvement costs on the property half way down the block or� the intersecting froritage streets. I cannot see any reason for deviating from this policy in this case. . The assessment notice indicates that the costs�;would be spread proportionately "to the benefits received". The only benefits received in my case are all negative (more traffic on Mississippi Street mak.ing it harder than ever to get out of my driveway). If the benefits received philosophy were to . truly be tollowed in this case, the area to be assessed would include all of the people clear up to Rice Creek Terrace since they are the people w7�.o use 7th St., not me. In conclusion I want to ask that you follow the policy whicYi spreads the cost only half the way down the block. This is the only equitable thing to do. Rationalizing any other course of action will not be administering the cities business properly. , GWM/rd � LJ � , ,� Yours truly, P � �. w � . r ��: ' Geo e W. Meissner � �� � ' � � , , "' -r' `l "I � � 1. �iI � d i��� E: i'. fi..�[.w i�;t�� i'i:t�e.�"�l, ,�1.1',II': a'v"�� r3���rJi ' ' ' ' ' ' ' �I ' ' ' �,�,, o c;� � 1 , 1. �?' � �:;:• ''r�L�;�x �. �'� ea.��.� j!'•,'i� A.;1.J3I.�'r;7I.7�1 .".J:�ii;K3i. `'�C)T��:ii::+J'� �:.�j ���:.,� � ',�2YIT?Y':iC)�:c`i ����7 I`i::32` � 1 F` : T�vi:3ii�C'2 �.11t? ir i�;:'!:tu;;,'S� ;1Y '.3-Sa;-'.SS�.'.t:t:i. iOX t�izt" 7�.. e"�.T��i: 1'�.T3�Z'OYL:=,r3i1� x �'1'n'. � � .� :i � i 5 $ �. (i`l � . ;7 L .;� ' L� :. i t�l �: f +— _�1 Y�. Sl P. ��a �.� � . . �. : . � . t �Ii.l.�.iS�v�. �;lt: f,.fl�+:'.v:.s �1�'�?'i:3x�lf? iJ:'1 4�1r? .'1Li�:1 di .'1:2TCi�? 'i�;.i� ��'x.it� tO �^�`:i.VG� ' i�3�" T�?fi?"�: i:;<:''tt�i".' L°:'M ?��"��i�r.`�^v� :�j:s:.;'�i:i'i�.�.2t.�'.. 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Gi "`.�.J C�!5�1 f;y-�-c:-�. ,_,A cv--d% v� a� � '� U . _ . � ,,� � ' � ( i.�? c✓! � , Ct�� C�.�zN-�-c1-�lz � , . l7 -%�e.c� � 1 �: � .��� � -�, � �� -�-� � � � � _.X�-� c�. �. ��1 a,..c�, � o �. �� v�-c� .�.�u.e,� -�.c-�e �-�_.�t.�.�.�1 -� � �:�,.�1 � �� � .�. �."�-"� :� `�,` �- , � � � � �Q.�,�..��-�Q �� ` E�. ��"1 c�. I o� ►m.�� �- :� ✓�-tiT.�. a °-i� _ �'' � : � � � � .�.�.�. � � (� 7 � `--�-�I ��,�-� �-� ��� � .�. � � � �- - ^ _ � �.� :���- �;.- f --� �.,.:.�., � ����. � � G�, � � � � ���j � 1 �:�� ��. ��� . �.� ?-� ..� � ��- � � � � � ,� __�� _� i �i ..�-�'� �.o LL. c ` � r.�,v...� �[,t�z.�,`� h w;,C-u.��? �y,� � „ � � �C .'` �f�1 /�2+c. " ���k. � �"'� -�-s, _ �� �'� �-�1�La ��e� ��� G-1� _�,,v��--.� `-�`� r '�"� � j 1 � � c M �'� ✓v"� C�r�,�Y..o-r..."'^�-r �,� C.r:u`L` � �� Cz.c�` � ` �� --�------J- 1 , � r �— e.�,a_�� ..� 1 ��,.. c,wL��:�c-�.. _,S�-�� �`-� �= 7� �'-',�.�-�} � �1 �v r� � , � r �; ? �: �� � � `-'� ' I J �'�.�� �� �..- �- � � ��.��.� , 1 �, `��.�. ��� � � � � ���_ ���, �,v� � 1 ' , i ' � �I ' � ' � � � ' , � ' 2 ORDINANCE N0. AN ORDINANCE TO AMEND CHAPTER 603, INTOXICATING LIQUOR, OF THE CITY CODE OF THE CITY OF FRIDLEY � The City Council of the City of Fridley does ardain as follows: Chapter 603, Section 603.01 (Paragraphs 4& 5), Section 603.032 (Paragraphs 13, 14 & 15), Section 603.065, Section 603.072, Section 603.076 (Paragraph 2), Section 603.078, Section 603.081 (Paragraph 2)> Section 603.094, Section 603.10 (Para- graphs 6, 18 & 19) are hereby amended to read as follows; and Chapter 603, Section 603.082 and Sectian 603.20 are hereby repealed. Section 603.01 Definitions 4. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefore, food and lodging are regularly furnished to transients, which, maintains for the use of its guests no� less than 50 guest rooms with bedding and other usuai, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitabie iobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service and which maintains under the same management and control as the rest of the establishment and has as an integral part thereof, a kitchen and dining room with a total minimum floor area of 2000 square feet where the general public are, in consideration of payment therefore, served meals at tables. 5. The term "restaurant" means any establishment, other than hotel, under the control of a single proprietor or manager, having kitchen and other facilities to serve meals, and where in consideration of payment therefore, meals are regularly served at tab7es to the general public, and which employs an adequate staff for the usual and suitable service to its guests, and that the business of serving food for a license year must be a minimum of 40% of the total business of serving food and intoxicating liquors. Section 603.032 13.Whenever the application for an "on-sa�e" license to se�l intoxicating liquor, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. �f/���/�X��i�/�Y`1����'��i/��`�l��il��Z�l�►,���l,�Y��l$A���`����V���Y��/��/;���/���x��►�� �������i�r��,�/✓��/�X���/����/��lf�'x��/��'��/��►�/Q�,�.�/�x�Y`Kl 14.Whenever the appiicant for an "on-sale" license to sell intox7cating liquor is made for a proposed or existinq establishment, the following items are to be provided with the application: a. Site plans of the premises indicatinq property and building location, ' parkinq area, landscaping and screeninq. Minimum parking requ�rements are to be a ratio of one ten by twenty foot parking stall for every three seats of totaT seatinq capacit_v. , ' Ordinance No. Amending Chap. 603, Intoxicating Liquor � ' b. �� � LJ � �'� � C' �� , � l� � Plans and specifications for proposed alteration or extension of an existinq with total seating capacity and spr�nk exists or sprinkler system plan to be establishments must provide a sprinkler system for welfare of its patrons. establishment establishmen ler s�rstem pl insta]]ed. P Page 2 or for enlargement, t showing floor plans an as presently 11 "on-sale" liquor health, safety and 2A All proposed establishments authorized to receive a liquor license shall be reauired to install a s�r�nkler system during in�t�al construction_of the building. All existin establishments not currently in ossession of a ii uor license, but who have made application with the City of Fridley and have received authorization to be granted a l�quor l�cense must �nstall a s rinkier s stem with�n two ears of the date ef the �ssuance of the liquor license. All existin establishments resentl in ossessian of a li uor license but who do nat ave a sprin ier system must install a sprinkler system within a three vear period from the last date of renewal of the liquor license. All plans and specifications must be reviewed and approved by the Building Inspection Department before issuance of building permit. 15.Such other information as the City Council shall require. Section 603.065 No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by $���;i�l�'��'�yi/�/��/��(�'�/�¢¢����i/ Section 603.069 and except where a new application is filed for a transfer of license from place io piace and is for premises where the building was not ready for occupancy at the time of the original application and the new application is filed within 90 days after approval of the original license by the City Council but before a Certificate of Occupancy for the original location has been issued, no additional license fee is required and the investigating fee shall be as specified in $I���i�/,���'��i/�/�f/���'�/��¢;���V�l Section 6Q3.068. Section 603.072 All applications for a license shall be referred to the Public Safety Director, ' and to sucf� other City Departments as the City Manager shall deem necessary, for verification and investigation of the facts set forth in the application. The Public Safety Director shall cause to be made such investigation of the , information requested in Section 603.032 as shall be necessary and shall make a written recommendation and report to the License Board, or to the City Council, as the case may be, which shall include a list of all violations of � Federal or State law or Municipal ordinance. The License Board, or City Council may order and conduct such additional investigation as it shall deem necessary. C� � Ordinance No. Amending Chapter 603, Intoxicating Liquors � C ' LJ � Page 3 . 2 B Upon receipt of the written report and recommendation by the Pub7ic Safety Director and within twenty days thereafter, the Chairman of the License Board, or the City Council, shall instruct the City Clerk to cause to be published in the official newspaper ten days in advance, a notice of a hearing to be held by the Lieense Board, or the City Council, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted�, the nature of the business and such other information as the License Board may direct. At the hearing, opportunity shall be given to any person to be heard for.or against the granting of the license. A license, � other than a renewal, sha11 not be approved before the next regu7ar meeting of the City Council following such hearing. Section 603,076 2. No license may be � cemplying with the approval of the City except �s provided by ' Section 603.Q78 transferred to another person or to another place without requirements of an original application including the Council and the Liquor Control Commissioner, as required, Section 603.065 and 603.069. Where a license is granted for premises where the building is under construction or ' otherwise not ready for occupancy, the City Clerk shall not issue the license until notification by the ���¢�`�'�(�¢pi�¢�S�/�f Building Inspection Department that a Certification of Occupancy has been issued and the building is ready for � occupancy. Section 603.081 Persons Ineligible , 2. Who is not of good moral character and repute. If applicant has been an owner, manaqer or employea of a saloon, hotel, restaurant, cafe, tavern or other business of a similar natur�, the City Council may consider the appl�cant's ' �ast performance record in determining whether a license shall be granted or renewed. ' Section 6C3.082 P�/1�'�����l�i�'XX/���/��/��v��v���l���l�'�l��i�/����Ififl��i/�'✓+���i�'���X�/��+�/x�'������/i1�/ ' ��4�,�/�/���,�����/�f/��i�/��'��/�,�/���/��t��/��`/�1��/d���i �'��lY`�t����X�l���l�'►�/�Vi� ¢���l�f/�1������v��V►,��,�l��i�la'������'✓�1����►���1��1d��1�1��������1��1�n�l�;i��/��/���/ ��'d►�/�f/���1�����i�X�/��1�'r�l�Y�l����l�fl�l��r`���`����d�,�l�fl���ld��rS����l��lt���l� � �`���'����/�fl���lQ���l��l���l��'d��l�fl���/����I��l����v��X,l//X�i�/��'a��/���/����t�X����'�� �`��,������l�i����✓►I ���lt����la����lf��l����/�����1 /��/��t������/��/;�Y��/����i��X,� Il � �� u Section 603.094 No "on-sale" license shall be granted for a restaurant and/or hotel that does not have a minimum totai bui�dinq area of 5000 square feet with a minimum kitchen and dining area of 2000 square feet with a m�nimum seat�ng capacity of 130, open to the general public. � C � i� ' � � ' ' � ' ' Ordinance No. Amending Chap. 603, Intoxicating Liquors Section 603.10 Condition of License Page 4 2 � 6. No minor shall be employed in a room where sales are made, except that minors may be employed as musicians, busboys and dishwashers. 18.A restaurant shall be conducted in such a manner that the business of serving food �or a license year must be a minimum of 40% of the total business of servi food and intoxicating liquors. A hotel shall be canducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxacating liquors a minimum of 40% of the business for a license year is the serving of foods. 19.At the time of application for renewal of application of an on sale license, the applican�` shail submit proof to the City that a minimum of 40% of the gross sales, derived from the sale of food and intoxicating liquors of �he establishment, for which the on sale license is to be used, is in the serving of food. Section 603.20 Number of Licenses X�f�/��'��/�f/��`��X��/�'�/������/����������/�'�i/���/��������/�f lY��il����llX �'���Y` X�'��d���,l//XY���I�b��/�i�d►k���`l�flX,����i���/,����d��l�v�Y`���d��l��l�i�►�������/����t����` ���1���//,��/��i�/X���/��i��/���/d�����s��►f�►I����Y`/���t������/��'/D���1���95��/$������� ���l���l//X���/���/����es��/�f/����/�����`������/��/��/����X�/���/���.�/��/�����'�►�� ��d/����✓►�/���/����¢���7/'l�ff/��x�?/����`�����1 a pASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � ' ' ATTEST: ' I'� �� � I� day of CITY CLERK - MARVIN C. BRUNSELL First Reading: January 20, 1975 Second Reading: Publish........ 1975. MAYOR - WILLIAM J. NEE � CITY OF FRIDLEY P�EMORAN DUM T0: NASIM M. QURESHI, CITY P�ANAGER FRO��: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR, SUBJECT: PERCENTAGES OF LIQUOR TO FOOD SURVEY DATE: f�ARCH 10, }975 We have made a survey of some of the surrounding communities regarding the relationship of liquor sales to food sales. The information received over the telephone is as follows: BROOKLYN CENTER: City Clerk is on vacation and will not be back until Tuesday, so we will not be able to get figures until then. BLOOMINGTON: Bloomington was reluctant to give us information on a particular place, however, they said their percentages run about fifty-three percent for liquor and forty- seven percent for food on the average. RICHFIELD: Richfield no longer has a pe rcentage in their ordinance. They stated that their percentages were running about seventy/thirty to liquor for their establishments. They did have a percentagP stated in their licensing ordinance but took it out because of the problems enforcing it. ROSEVILLE: We received the following information on establsihments in Roseville: ESTABLISHMENT TQTAL SALES FQOD SALES LI�UOR SALES W X Z $877,644 $449,881 (51%) $835,140 $482,070 (53%) $634,813 $365,707 (58%) $1,616,030 $824,839 (51%) $427,763 $353,070 $269,106 $791,191 FRI DLEY : Information received from one of the license holders in Fridley for the year ending Rpril 3J, 1974 is as follows: 74% food and 26% for liquor and beer. Another Fridley outlet reports 52% food sales and 48% liquor sales for the calendar year 1974. Another Fridley outlet reports 37% food sales and 63% liquor sales. ■ 2D 2� T0: NASIf� M. QURESHT, CITY MANAGER S�BJECT: PERCE;JTAGES OF LIQUOR TO FOOD SURVEY DATE: MARCH 10, 1975 PAGE 2 OTHER CITIES: The following cities were contacted, but do not have reguirements in their ordinances regarding a percentage of food sales to total sales, BROOKLYN PARK COON RAPIDS CRYSTAL , ST. LOUIS PARK GOLDEN UALLEY FALCON HEIGHTS LITTLE CANADA COLUMBIA HEIGHTS MCB:sh �-------� , M , 1 I TU: ' �RUM: czTy v� ��i���� M� M 0 R A N � U M N/1SIM M. QUR�SNI, CZTS� MANAG�R MARUIN C�RUNS�LL, ASST. CITy MGR./FIN. �1IR. SLl13J�CT: P�RC£NTAG�S U� LIQUOR TO �D�� SURV�y ' DAT�: Manch d, 1975 we h.ave made a�swcvey c,� �st�me a� �he �swvr.�undi.vcg commuwi�'.i.e�s negcvr.d.i.v�g �he ' he,Qa#'.Lavush.t.y� �� .Qi.quah �a,2e� �� ���d �sa,ee�. The ,�h�yat�mcc,t,i.an nece,i..ved �vex �he �e,2e�kane -i�s cus �a�aw� : ' ,� BRD�KLyN C�NT�'R: C�y C2eh.fz .i�s ov� vaca�.i„c�n av�d w�i,2� vca� be 6ccc.fZ uw�i,2 7uel,day, �sa we w�i.?,2 na� be ab.2e �v ge,t ��.gu�ce�5 uwti.e �hev�. BL�UMTNGTUN: ' Ke.�vm,�ng��vc wrus �ce.2ccc.ta.w� �v g.t.ve cvs �.v���nmcLti.c�vi ov� u}�c�icu,2an �ace, hawev�c, �hey da,i.d �he,rlc �elr.cev�iage�, tcc.cvc a6�c� �y�.��y-�GvLee y�encewt �an .P�i.qu�h cwid �a�c,ty- beuen pe�c.cer►� �an �aad an �he ave�r.uge. ' �! C' RICH�I�LD: R.i.ch��.e2d na .P.�ingelr. hcvs a�eh:cewtage �.v� �he,vz. atccGi.v�ccnce. They �s�u�ed �h.a,t �h�itc �ehcev�uge.� wene tc.unv►,i.ng ubau,t �evewtyJ�Gwr�y �a .�,t.quatc ��tr. �he,i�c e�s�ab>P.i�hmewt�,. They d,�d have a�elr.cevr�uge �s�a�ed �.v� �he,vL .2i.cevvs,�vcg �tcd.�v�uvcce bcc� �aaF� .i,t �u.t becuwse o� �Gce }�n�6.�em�s ev��anc,i.ng .i,;t. R�S�VILZ�: ' We nece.LVed �he �a22ow,�v�g �.n�atcmc�,ti.�n ave e��a6.Pil,hmew�s � Ra�ev,i,2,2e; �STA�iL7SHM�NT TOTAL SAL�S �U�D SAL�S LIQUOR SAL�S ' G1 v , Z �RIDL�y: 1 II ' $ 8�7, G44 $k35,140 $G34,k13 $1,61G,030 $449,8k1 (Sio) $427,763 $482,0�0 (5�$) $353,070 $3G5,707 (5ko) $269,106 $824,839 �5101 $7R1,191 Ivc�orcma�c:�n nece.i.ved �nam av�e �� �he .P..i.ce►�.se ha.�de�us �,v� �}c.i.d2ey �an �he yean end.i.v�g A�n,i,2 30, 1974 �i�s aa ��.�2aw�: Sevev�.ty-��un �etccewt ��n �aad and �wer�ty- �s�,x pen.cewt �an .�i.quan und beelr.. The �,n��trmcLt.i.an -us �nam a wn.i,t�ev� bc.� uvl.au.cGi,ted tcepa�t . Ana�h.e�c �n.i.d,C.ey vu�2e,t nep��s ��.{��y-�wa �ehcewt {�avd �sa,ee�s and �onty-e,t.gh,t pelccev►.t .?.i.qu.on a aee�s �vn �G�e ca,eendetc yeatr. 1974 . 0 TU: NASIM M. QUR�'SHI, CrTy MANAG�R SUBJ�CT: P�RC�NTAG�S 0�' LIQUOR TO �UDD S(�RV�y �1AT�: MARCH b, i975 Pag e 2 OTHFR CTTI�S: The �a2.eaw,�vcg c.i,t.�e� we�ce cavctue,ted, bc.� d� vca� have �cequ,uc.emevr,t� �.vc �he.vL atcd-�.na.vr.ce�s negcnc��t.ng a petccevc�age a� ��od �u,2e� �o ���a2 �a,2e�5: �iZ(70KLyN PARK C�ON Rl�PI1�S CRySTAL ST. L�UIS PARK GOL��N VALL�y �ALCUN �I�IGtfTS LITTL� CANA�A CULUM�IA f(�IGNTS � ' ILAW OFFICES ' S1�I��EY, �US�.�1�]Ei. � �+'E�K.EIVJ[A CHARTERED i M.�.Ll'��OI�T, gl[.e`���Z����'Z, CA��]C�,L�i' � NE'�1'QiJ�ST 1 ' , � ' ' ' 1 ' ' WYMRN SM1TH LEONARD T. JUSTEE2 HENRY H. FEIKEMA ALVIN S. MAI..MON RONALD L. HASKVI7Z JAMES R. CASSERLY CARL J. NEWQUIST ASSOCIATES MARK E. HAGGERTY ALLEfV H. GIBAS IRVING JUSTER OF GOUNSEL Nasim Qureshi Fridley City Manager 6431 University Avenue N.E. Fridley, Minn�sota 55432 March 12, 1975 IN RE: Fridley Frontier Club Liquor License Dear Nasim: SU iTE 1250 BUILDERS EY.CHANGE BUILDING MINNEAPOLIS. MINNESOTA 55402 TELEPFiONE 339-f481 SUBURBAN OFFICE 6441 UNIVERSITY AVENUE N.E. F'RtDLEY, MINNESOTA 55432 TELEPHpNE 560-6870 I was not advised that this matter was on the agenda for March 10th. I did understand that the agenda was principa1ly for hearings that would last until early the next morning. I did receive the memo from the Public Works Director addressed to you and dated March 6th in which it is discovered thai the zoning of the premises is local business rather than general business. I have also been furnished with a capy of the memorandum that Mr. Brunsell furnished you under date of March 7th, which gives the history of this building. I am not impressed with his conclusion that rezoning is now required when the staff concludes that �he operation of the tavern, a 3.2 license and a set up license were okay because they were grandfathered in. Mr. Povlitzki, based upon the action of ' 1975, has proceeded to buy equipment and necessary to meet the City requirements. , ' ' ' ' the Cnuncil on February 24, to do the other things Since I am going to be leaving for Vermont in the afternoon of March 20th and upon my return on April 7th am planning to be hospita1ized for some eye surgery, I would like this matter put on the agenda far yaur meeting af March 17th wi�:h the expectation that some conc.1usive action will be taken. WS/bk cc: Qick Povlitzki Yours truly, Wyman Smith � ;i 3A CITY OF FRIDLEY M E M 0 R A N B U M T0: NASIM M. QURESHI, CITY P�AN�GER FR0��1: MARVIN C, 6RUNSELL, ASST, CITY MGR./FIN, DIR, SUBJECT: HISTORY OF TNE OiJ-SALE BEER LICENSE AT THE FRONTIER CLUB DATE: MARCH 7,>1975 The minutes of the Council meeting of Fe6ruary 28, 1957 show that the City Counci1 authorized the City Manager to terminate the lease agreement with Mr. Bob Carlson, owner of the building at 7365 Central Avenue Northeast f or the on-sale operation. At that same meeting, the City Council authorized the City f�anager to enter into agreemen� on behalf of the Ci ty wi th R�7r. N1cKenzi e to rent the Ci ty equi pment at 1 i quor dispensory, 7365 Central Avenue Northeast. The equipment involved was �he on--sale or bar equipment. At that same meeting,the City Council apqraved licenses ror cigarette, tavern, non-intoxicating malt liquor, and the ca-�e operation for Mr, Cliff McKensie. � history of the license holder for on-sale beer is shown on the attached oage. The City did not adopt an ardinance setting uq set-up licenses.until July 20, 1964. MCB:sh ; � 3� : � . ; �1 � ., n ,� , . lh - . _ _ e Of f Sd].E: ort ' p �.on of the 1i_cluor stoze has been in opeiat�.on since � ' O�tober, 1949. Tlie "pi7 Sale" operations were be�un durin ttie latter � g part of Fet�r�xary, I9S0. (From Audit Tteport of 1950) ' Dispensary No, l was operated as an "On" and "Ofi� sale store through � � the year 1956 at�d tFien as an 'bff" szlc clispens�ry. (Fr�m l�udit Ttepart o£ 1958} Opex-ations at Store No. I"'were discontinuec� an I'ebruary 15, 1964. �rom AudiC , Report of 1964) . List of On Sale Beer �icenses for the Frontier Club: . ' 1964 - 5 r�arlene Povlitzke ._ , _:' I963 - 4 Marlene Povlitzke _ 1962 - 3 Hans Hansen _ - , .929 Chicago Ave. . . 1961 - 2 Joseph rio�ris _ 414 - 22nd Ave. . � Norman Alberice � 4432 2% St. , Coltimbia Heights ' (Fridley Nite Club) ' 1960 - 1 Fridley American Legion . � . V.l�i. Nagel, Pres . ' 1959 - 60 Robert I�askvitz 2501 Lowry N.E. (Fridley Road IIouse) , 1957 - 8 Cliiford Mackenzie - . (Fridley Nite Club) . ' • ` ' . . ' ' • _ . ' . . _ . . - - . Ili ' � . . . . - I � - � � � py ' .,. ; . 1 1 f � � _ C � , i�,arch 5, l �75 3C � �ir. Ri c���r;i I1. �'o��l i iz;ci . �ri=�1+�� Fron�iK�;° C1��ti, I��. 73t�!a C���r,z�t ������,��.� :47i 4:�s::�s� : �ridl�y, ;�i3ttr�-}����a 5��32 D��ar t3r. Pavl�it��:i: - � _ I an �mi�in� t�h�s l��t�r �a c�ar��f ��a �c�i�n �ak�� b� �h� C�f �Y Co+.,ir�c� 1 a�t �;��i r F�•a�:��ry 2� � 1�7� ��� ���ii r�g c��l youv° 'l�c�ns�� I;�nt��.r yo� �nci :�;�:;?:�� w�r� �a�?� �� t;�� �,�.�r�,ti�c;, bt.�t ��si sa �il�i^� iS ii`J rl�?'iG"�ti�Y'..�>:�t1:a'i�3`F �S L`i� ii'7�1; }13�?)7�?iif:�.� 8�. 'G �t�� �ti�L� n� s u��� ��c'cz �n c��F L��; 4i�y C€�unc� �:�,�s �c� �i r��i �i�� Ci �y �c�::ti3 t�i sir�i��i :�n �� �rs;?arL � r=� .��1 �� �i �r� �if��; l at� i,� i:�� reso�4��.�ons t�� Ca��nc3Y a;��>���c� ��r �;�« r��:i�r� ���;��ic<�n}s for t �� tS Ej'� . � ' _ � ��C�+.lf�i" 7G�i°35..a�. . , T�i s �°�s�l ��i �n ��a�.zl �t �asi c:�1 i.� ��;�:��� � � � ce;�� y rar your esta�li�'�,f���� u�L3� ��tc;� ������� z� c����ai�� con�,itians ���r� m�t. This rc�ol�a��c�n vr�s �rv;az�r �! i�,y ��;�� a�,;�ir��sLraci:�n an� ��ras an th� C�,,:���i's ar,>�rl�ia ��ot° +G�r�cct 3, 1��5. ii�� Go:�,�c�x� �id ���� ��'t �n 'i��� r���'��tLi��;� �;:�ca+�se �h� Ca=.�n�il 3� cE�sc;�ssi;�� �11� c��ans��s �a �yL liq=.���^ �rtai;�����¢ its�l� a��:i �;��� y��eral diac�.as���n ��as ��►�t �t3��� t�r�nt wo #���vL �.Z� ��c�nd t��adin� ar ��n=� Y3 ;u�r l�icA:�s�n� ar�i;ti�nce t�p;��r� ���.y a��fic�a�ly r�:s^t~v� �r sQ� asid� a li�an�� for any ��4tiiitit����7 1-�r�u�r �s�abl-isi;i°r�:n-cs. . Th� n�;�t Cnzrnc�'t r�antjn� :�311 b� �'I�Y'Cil 1�, h��,y�av?r�, �'nis is a h�aring n7c�;�i sa I cio �o� �;nov� �� thz res�lu�ion or �n� 1ic�uor ord�r��r�c� wiil �� cnnsi�:�r�u�:i a� iz�a� i�;�e. Ti�p ���xt reg�l�r . Counc�'E r.���ti �g ►�i"t 7 be o� �tarch i 7. , V�ry truly yoc�rs, � � Marvin C. �rur�s�1T 1�ss�. G3 ty �lgt"./F�.n. Dfr. M��:sh cc: '.��r��.�n S►ni ih 0 , . LAW OFFICES ' SMITH, JUS7[`ER � FEIK�MA I CHARTERED MALT�ION, HASKVITZ, CASSERLY 8z NEWQUIST CI J ' � IJ ,� , WYMAN SM ITH LEONARD T. JUSTER NENRY H FEIKEMA ALV I N S. MALh10N RONALD L. HASKVITZ JAMES R. CASSERLY CARL J. NEWQUIST ASSOCIATES MARK E. HAGGERTY ALLEN H. G1BAS IRVING JUSTER O� COUNSEL. SUITE 1250 BUfLDERS EXCHANGE SUILDING MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 339-f481 SUBURBAN OFFICE 6441 UNIVERSITY AVENUE N,E_ FRIDLEY. MINNESOTA 55432 TELEPHONE 560-6870 March 17, 1975 Honorable 4Jilliam J. Nee, Mayor and P9embers of City Council City of Fridley 6431 University Avenue N. �. Frid1ey, P�linnesota 55432 Re: Request for Reservation of Liquor �icense to Fridley Frontier Club, Inc. Dear Mr. Plee and h1embers of City Council: I have asked that this question be put on tonight`s calendar for the reason � that I contemplate being absent for approximately one month, and for the addi- tional reason that the applicant on the basis of the vote of the Council on � February 24, 1975, has proceeded to buy equipment, plan the changes and remodel- ing that are anticipated. , � When I came to the Council meeting on February 24, 1975, I had in mind pick- ing up an opinion that Mr. Nerrick was to have ready and avajlable to me at 7:30 p.m, on that day and request a continuance for a week. hir. Povlitzki stated that his patience had been exhausted and that he thought the matter should be determined that night. He and I both addressed the City Council and it was my understanding that a motion was adopted by a vote of 4 to 0 that a resolution along the lines previously passed for Saliterman and Schroer would be prepared and be available at the next meeting. I did not attend the fallowing meeting on March 3, 1975, but was advised by the City Clerk that though the resolution was prepared and in the agenda, it was not adopied. During the past weekend I visited with some of the Councii members about the ' matter. I thank each of you who gave me some of your time. To each of you I stated that in no way 4�as I going to compromise my client. I thank each of you for your consideration. It appears io me that for most of you the various pros ' and cons that have been discussed previously will work themselves out. If the resolution is adopted you are going to expect Mr. and Mrs. Povlitzki to maintain parking standards and yard and premises changes consistent with tNhat is expected , of all liquor licensees. You will expect him to maintain whatever dollar food ratio is required to liquor sales. He understood that at the time the application � � II� I� Honorable 4Jilliam J. Nee, f�ayor and P1en�bers of C i ty Counc i 1 h1arch 17, 1975 Page 2 � , , e�ras made the standard was more than 50% food. sidering changing that ratio. Ne understands termined by the Council that he will have to He is aware that the Council is con- that whatever ratio is finally de- run his business aceordingly. So that the record is entirely clear, I want to state on behalf of this applicant that he is well aware that the ordinance requirements for on-sale liquor licenses may be drastically altered to set new and specific standards for obtain- ing and maintaining such a license. It would also be my client's understanding that he would initiate whatever proceedings are necessary to negate the present zoning obstacle that has just been discovered by the staff and reported to you and to the writer. It may be that that provision can be 4vaived either through some actions before the Board of Appeals or perhaps summarily by the City Council. One of you has told me ti�at he resents the applicant's position that his license is being denied by reason of racial�r class bias. I have high respect for the integriiy of tha� person and, in fact, for each of you. I want to apologize public7y for any impression t�at I have giv�n questioning the hon ��y and integrity ofi any of you. This member af the Council, hoa,rever, argues that/� licant has failed to maintain his burden that community standards warrant his right to the privilege of a liquor license. It is no�ti� quite a�iparent to ne that the underlying problem is an agreement or an understanding of the legal principles involved with the issue of a liquor license. First, let's examine the City Attorney's memo of February 24, 1975o The crucial paragraph is the fourth paragraph on the firsi page, ��rhich reads as follows: "Minnesota state la��+ and the State Supreme Court decisions have long held that the granting or refusal to grant a liquor license is in the discretion of the City Council. b�hile the council may not be arbitrary and must offer a`fair �ublic hearing', the courts have not made it a practice of reviewing the decisions of the Council.° That is a correct statement of what has been the law in the State of Minnesota. In my opinion it is not a complete statement of tf�e present 1aw, and because of such incompleteness, I urge that members of the Council should not rely on their right to such discretion. Our Minnesota courts have.treated the granting of liquor 1icenses discretionary with members o� the City Council. Our courts have stated that the licensee does not have a property right. Our courts have stated that the right to such a license is a privilege �vhich can be given and taken at�fay. Our i�innesota case law would indicate that the courts have been less critical of a City Council`s discretion in denying or taking atiti�ay a liquor license than it has e��ith licenses of ordinary commercial businesses where there has been na limitation on the number of sucn businesses. My conte ntion is that such is no longer the law in Minnesota. The law has been modified by United States Su�reme Court decisions and various Federal court decisions that say that the licensee has a property right; that say the license is not to be considered a privilege, and that say the due process and equal protection clauses under the Fourteenth Amendment of the United States Constitution have to be co�nplied wlith in the granting or taking away of such a license. , . ' � ' ' Honorable U�illiam J. Nee, Mayor and P�embers of City Council 1�1arch 17, 1975 Page 3 I want to review with you some of the cases that support this contention that the law has changed in P-1innesota, bu� let me first review some of the broader legal principles. 1. A citizen has the right to do what he wants with his property and ' engage in such business as he chooses, subject to restrictions by reason of the exercise of police pot-aer by municipal or other governmental authority. 2. The restrictions of the municipal authority on such fundamental rights must be defined and standards and criteria established. 3. As a general rule, a court will order the issuance of a license ti�;�ere the evidence sho�,rs that the applicant is qualified and has complied with all conditions and prerequisites set out in the ordinance. (Municipal Corporations, McQuillan, 3rd Ed., Vol. 9, Sec. 26.73-75.) 4. An applicant ��ho meets qualifications far a liquor license is en- titled to one as a matter of right. (See Federal Court Decisions discussed later.) 5, A liquor licens4 may be denied: a. Upon findings of the Cauncil that the applicant does not comply with the prerec�uisites and conditions established by the ordinance. b. Upon findings of the Council supported by evidence that the appli- is not of "good moral character and repute." c. To grant the license �vould be a menace to public safety, health, morals and welfare. d. A material misrepresentation in the application. e, Criminal conduct tivithin the guidelines of the laws of Minnesota, 1974, Chapter 298. 6. Unreasonable or wrongfull grounds far denial of a license w.ould be: a. 6��here applicant meets all standards and prerequisites set out in the or- dinance and licensing officers voice personal opinion of objections. b. 6Jhere evidence sho�,as that applicant has not been treated equally with other applicants. c. Objections raised by residents and grounds for objections not condoned by the a�plicants. 7. The Cons�tiutior� guarantees applicant a fair �earing. A fair hear- ing involves a reasonable notice as to the time and place, the right to be confronted with u�itnesses ��ho testify against him, a full consideration of , ,I^ J � �'' ' , ' �� L_J 1 ' Honorable l�Ji11 iam J. Nee, Mayor and P�embers of City Council P�iarch 17, 1975 Page 4 the evidence, a tribunal that considers evidence openly submitted and where hearsay evidence has been avoided. 8. The applicant has a variety of remedies for denial. He can go into a state court on a Writ of Mandamus and there can ask for injunctive relief.. Presently I am unaware of any rights he would have to claim damages or to recover attorneys' fees. However, such a person novr has an additional remedy under the Federal Civil Rights Act, which is found in 42 U.S.C.A. Sec. 1983. Assuming the applicant can show that his Fourteenth Amendment civil rights of due process or equal protection have been denied, he can ask for injunctive relief which means that the court could order the license and additionally he can a.sk for judgr�ent for damages against any Council member or City employee who are found to have caused the denial of these rights. Now I would like to review with the Council three or four of these Federal Cases. The first is entitled Lewis vs. City of Grand Rapids, Michigan, 222 Fed. Sup. 349, decided in 19G3. This case involved the denial of a liquor license to an applicant by the city commissioners of the City 4f Grand Rapids. The opinion includes the following statements. The police power of the state or any of its agencies is not a sanctuary from which ConstitutionalTy protected rights of citizens may be violated with impunity. ' The police power of the state is not a license to ignore the Constitutionality protected rights of equal protection of the law, of equal enforcement of the law, and of due process of law. • I�� � ' '� � , ' ' A state police regu1ation is subject to the equal protection clause of the Fourteen�th Amendment. We recognize that the h1ichigan Supreme Court and the courts of other states have held consistently that the due process clause of the U. S. Constitution does not apply to matters concerning liquor licenses. Various reasons for this position have been given. Licensees are said to have no vested interest in their license-- or the court holds that a license is merely a privilege and no property. The i�1ichigan courts ha.ve flatly stated that the exercise of the state's power in regard to liquar licenses is not affected the by Fourteenth Amendment. The Court then construes various United States Supreme Court opinions in which such arguments were madeR�concludes: A license is property within the meaning of the due process clause of the Federal Constitution. The due process clause demands that no state shall deprive any person of his liberty without due pracess. Liberty is something more than mere freedom from physical restraints. It means freedom to go where one may choose, and to act in such manner, not inconsistent with the equal rights of others, as his judgment may dictate for.the promotion of his happiness; that is to pursue such callings and avocations as may be most suitable to develap his capacities, and to give them their highest enjoyment. Liberty includes the right to pursue a lawful occupation, to prevent this without due process is to violate the Fourteenth Amendment to the United States Constitution. � , tlonorable Ldilliam J. Nee, �layor and Members of City Council P�1arch 17, I975 ' Page 5 ' , , ' 1 � � , C ' � �I �I CJ ' , The city corrn�issioners in this case base their action on hearsay compiaints--due process requires that his right of confrontation be protected. Denial of the right of confrontation violated due process as sei forth in the Fourteenth Amendment. The second case was heard in 1964 in the U. S. Court of Appeals, Fifth Circuit. Title is Hornsby vs. Al1en, 326 Fed. 2d, 605. This case involved a civil rights action by reason of a denial of the liquor license. The appellate court stated: "Licensing is an adjudicative process." Thus when a municipality grants a license it is an adjudication that the applicant has satisfactorily complied with the pre- scribed standards for the award of that license. Similarily the denial of a license is based on a� adjudication that the applicant has not satisfied those qualifications and requirements. On the other hand, the prescription of standards which must be met to obtain a license is legislative, since these standards are authoritative guides for future conduct derived from an assessment of the needs of the community. A governmental agency entrusted with the licensing power therefore functions as a legislature when it prescribes these standards, but the same agency acts as a judi- cial body when it makes a determination that a specific applicant has or�has not satisfied them. Requirements of due process are applicable ta proceedings of a judicial nature-- the parties must generally be allowed an opportunity to knova the claims of the oppos- ing parties--to present evidence to support their contentions--and to cross-examine witnesses for the other side--thus it is not proper to admit ex parte evidence, given by ��itnesses not under oath and subject to cross-examination by the opposing party--a fortiori, the deciding authority may not base the decision on evidence which has not specifically been brought before it--the findings must conform to the evidence ac�duced at the hearing--. The Supreme Court has held that the arbitrary refu5al to grant a license or permit to one group wher� other groups have obtained perm�ts under similar circum- stances constitutes a denial of equal protection of the law. 1�lerely calling a liquor license a privi1ege does not free the municipal authorities from the due process requirements in licensing and allow them to exercise an uncontrolled dis- cretion. Smith vs. Thompsan, decided in 1974 and cited at 377 Fed. Sup. 556, Smith vras denied a beer and wine application in P�lacon, Georgia. An action vras brought �mder the Civil Rights Act against tne city officials. The denial of the iicense was based upon citizens' objections and by the Mayor's announcement that he would veto. There was a split vote of the Council. The court said: "Due process and equal protection safeguards apply to proceedings granting--licenses for alcoholic beverages. a municipality may enact an ordinance setting objective standards for the issuance of such licenses. Therefore, all who comply with that ordinance are equally en- titled to the issuance of a license. The responsibility for P9r. Smith being compelled to file this lawsuit to secure what was his knotivn legal rights, belongs jointly to the defendant �•1ayor Thompson, and to the defendant councilmen who collectively caused the denial of Nir. Smith's license. Damages were allo�ved. Honorable William J. Nee, Mayor and Mel,�bers of City Council Marci� l7, 1975 Page 6 COT�CLUSION This application has been in process for almost 4 months. The applicants have had consistent renewals of licenses for 3.2 beer and set-ups for mare than a dozen years. The community expressed itself in the November election, indic�ting approval of the issuance of additional liquor licenses. At the hearing, there was no evidence presented to you as the adjudicating tribunal, which shows lack of good moral character or repute. That criteria, as I have stated to you before, is the only standard that the ordinance had that wouTd be material to this application. The legal principles that I have brought to your attention tonight were discussed with you at ;�our special council meeting on Saturday, January 18, 1975. Following that meeting I have delivered all of these citations plus an outline prepared by the City Attorney af the City of St. Paul, making the same cora �ntions io Mr. Herrick. If you adopt the resolution tonight I will continue to work/��� applicant to see that he fulfills all of the City's requirements and your expectations. I hope ta do that. Respectfully submitted, SMITH, JUSTER, FEIKEMA CHARTERED . By �dyman Smi th , Attorneys for �ridley Frontier Club, Inc. Richard and Marlene Povlitzki L�JS : s t .� ' � ' ' , CJ --, ; -.� � °��' `' �� ��" '� `��' , ni 6 � (��,� ����'�y� ' ��n� l\ AA � . ��y.'/�• � �� ... .° ��i�l���t�aw4 lil ; ,....,._ _ _—_ � �"M1 -,g__-- -'' - r_� �� �' � :��1`� 6' .r .-� March 11 , 1975 Mr. Nasim M. Qureshi City Manager, City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Qureshi: Springbrook 4 Nature Center Foundation Box 32323, Fridlcy, Minncsota 55432 (612) 522-1188 Thank you for your prompt reply to our combined efforts to draw up an agreement satisfactory to our two bodies. Your cooperation is greatly appreciated . � At the March 8, 1975, meeting of the Springbrook Nature Center Foun- ' dation the proposed changes in the agreement between the City and Springbrook Nature Center Foundation were reviewed and some alter- ations made. The document as enclosed has been unanimously approved � by those attending. ' � � � Articles 1, 2, 3, 4-- OK as is . Article 4-- Changes suggested by the City Council appear in the first paragraph by deleting "under the direction of the Director of the Nature Center" and adding "as established by the Director of the Nature Center and City Manager of Fridley." The last sen- tence was deleted because it is felt that such maintenance falls within the natural business conducted by the City in any of its park� or natural green areas and therefore like police and fire protection should be provided at no cost to the Springbrook Nature Center Foundation. The second paragraph is omitted as suggested by the City Council. ' However, we hope to be able to get assistance from the City in this area if it becomes necessary. ' LJ I OF�RS I D�. Rlchx�d J. Tre:ona. ('n.���n�,i�� M.. G. No1�lu. v.��•l'I�.����nai� . Mr. � A. Pelrnnry'lu. ti�� ��•t,uy Rf�ton l. WuiJvn. ���:.�.�ni�t ti4,i:�ula�y M Cin�t«nsen.l��•.�.�uc� The third paragraph we have added "In addition" as a prefix to the last sentence. OIRECTOpS ArMiter.l Deani� R. Hollowry, Rub'�� Dr. l. DarM MecA, Rr.n.ud� &uio�psi, M�. D�rM D. Schaa/. S�nu Srn;no� Ou���l�in t. U��i �. a�lv ��1 Mii�i�i��ail� U. $. fi>h �i�il Wil�llilr $c�v�ce M�n � 1)is �cl N�i. 4G Mr�. lvla Brm11eY. n^��Ae /lenm•iun Schi�i�l nl /1�cn irrt�iia anil . Mi..bhn E. Meyar. Prole�siuiiul Mn. Jmiee1R. Saeynr. Meinlx�r I)�.I�i.11i`i i���l'.I�.�iri��.ii� I��i��1.�.��i�•Ai��I�����i�l���i• f.���.�ill�i��ll�i����ii�•ci N�rrtl�P,iiAA�111���:(:i�i�iiii�llrv Dr. Walte. J. Brxckun�idyo. Itii��� ���i D�. Oonnld H. Lawrenca. fh��lrs���� ��1 Mr. Wliham R. Repai.liai�kc� Dr. Hameon B. To.doll.11�ir�:tu�. L�i�r��lin. Ilrll Mu��vm iil Naluipl U���e�iY. Ui�iv.•�utY ul M��mr.�ite Bell Museum ul Netu�al llnlory IIiFi1�iY . Mt. Jxk P. Valin. I���r�nat�mml Broll�e�l�iiu�l ul leainsleis Mr. Ame� Malkowski, Ne�wal 5���.i�v�� Vuullr f �i�ii��l.il���n l l�a �Il�lu�n�n� �Mwvn �i� h�� wl�nl�l�<aiiun omr.M� �w �w ao�anw..aw,.w�.m LEOAI ADVISOq Mr. Uonald C. Sorelkoul HECO(IDINGSECNEiARV Mn. LaaAnn S�wva . i � ' � Mr. Nasim M. Qureshi March 11, 1975 Page 2 Article 5-- The two additions by the City Council were approved. Article 6-- The entire Article was deleted because it was ade- � quately covered by Article 5. Also, it is felt such a clause is arbitrary and could be politically implicated. ' , ' ' � ' ' , � � , , 1 � Article 7-- This Article was entirely eliminated because it violates the regional Nature Center concepts and thereby eliminates our ability to get certain monies from agencies such as the Metro- politan Council. Also, it is in violation of Lawcon funding concept�. Article 8-- In the final sentence a comma was placed after the word "needed" and the words i'Under the direction of the Nature Center Director and the City Ma rx3ger' substituted for "and similar to any other City park and public land." Article 9-- The word "normal" was removed on the second line and in the last line a period �laced after the word "Foundation," and "As other Ci:ty parks" vaas stricken. It is the Foundation's wish that you will be able to present this revised proposal to the City Council for their approval at an early meetir.q. If you would like me or ar.y of tl�e Foundation present at such presentation, it can be arranged . RjT: bbb Yo truly, � � � � ,< « m�.� r� r%� Richard j. Trezona, Chair n 4�A � � ,.I � , � � ' � , , ' �� ' , �� ' ' ' � ' STATt�, ()F MINNF,SC7'TA) ) ss. COUNTY OF ANOKA ) LIsAS}; l�CRC�MLN'r THIS AGiU:?si�N'i, roade this day af _ _, 1975, by and. bet:weEtil the Cit}' of 1�'r.idley, a rnunicipal corporation or�anirc�d and existin�, uncier Ltie laws of tiie State �of Mi.nnesuta, herein�fter called rhe City, and the Spx'in�hrook I�Iatur� CenLer Foundation, incorporaLed November 29, 1973, as a non-profit organizat:i_on, hereinaft`r called ehe roundarion. t�ITNESS�TIi: That tiie City does her.ehy demise and let unto the Foundation the �rea lcnown as Nor�h Park and described as foJ.lo�as: S 3D Acrr.s of NF4 sec. 3 30 24; and TYie East 70 fcet oi the N z'thwest Quarter af the Northeast Quarter of Section 3-3U-'L4 ; and 1��,1� of Pdi:%4 l:� '1'H 1'T LYING W OF R R-SU�3J TO GAS I1AIiQ EAS� OVEit TnLY 50 1T-.`�'UBJ TO EASE 30 FT WID1, TO I�l SUBU'r.LBA�'�1 SANITARY SEWER DIS'C I.YING ELY OF A LINE PI'cLL TO & 30 FT L'LY OF ;�1E:1S AT RT 4:�(1LTsS TO TIiE ELY RT OF ���AY LINE OF N P RR CO & EXTENDI�;G M�'LY ACROSS 5D Ni� 4 C'r SD SEC 3 30 24--b/17./65; and N 34.68 ACt:ES OF NE14 OI' NE 4 SEC 3 30 'l4; and TI1 PT OF LOT 6 1'v�V A�dD SUB �6103 LYIi3G T1ELY OF RR R/W—SUi�J i'0 GAS MA7N LASE OVER ��ILY 50 I�'T—SUBJ TO EAS'ta 30 IT SaIDF TO N SUIlL'RBi�N SANITARY SEWER DISTRICT 6/11/6S. � It is mutually desired by L'he fit}• and the Foundation that the environmental education project Ue succ�ssfcelly designed and directed for ttze henefit of a21 of the citi�ens of the region; rherefore, the Gity and the TounUation agree to the followi.ng conditions: 1. TEF.�f: The Foundation is to have and fo iiold tl�e above descrit�ed premises for a term of Five (5) year.s, beginni.nf; March 1, 1975 and ending on �ebruary 29, 1980. 2. PLN�tJAL: Thzs Lease r.may be renewed for additiona.l Five (5) year periods upon the mutual agreement of both parties. Yf the Fou>>dation ctc�sires to renew this Lease, tl�ey shall notify the Gity, in writing, at J.e�1st Ni.nety (90) days before the expiration of this I.ease . I f the C:i ty agrees to an acidi tional Five (S) year lease, it :>hal]. notify the Foundation that. the request f:or an additional Z'ive (5) year. �.ease period has been apprc>ved. 3. RENTAL: The Foundation shall pay to the City the sum of One and na hundreclths ($1.00) Dollar per year. 4. SI;FVTCF.S TO 13t; PItOVTnED BY T11F. CI'fY: Tl�e City hereby �Srce ,. tio furr►��li, for tlie tcriu of this ��f;reement, 1i � ,�.,,� � . , 1 �Z� � 4 � � ' , � _J � , ' ' , ' � ' ' ' ' ;J ' ' , maintenance of ^lortli I'�rk ircl.uding, but nut iimitec, tc, grass cutting, trC�E? t:"1Ii11711C1�J, clearin�� and remo�,�al of waste m�te:ial, sr,ow remo��al, fence mai :tenance, and parking lot mainten�nce; which ser���icc:s may i:lclude i:he furnish�ng of inen or ec;uip?���ent, all to be �ccc�r�:plished t��y the City on a reyular srheuule as establist,ed t%�� the L;i:-ectc>r of the Nature Center and the City Managet- vf Friciley. The City agrees that it will cooperate with the Four,dation in an ef.fort to raise funds for the developTr.ent and ope:�atio;l of the Nature Center. In p�rticular, tne City �r�i11 make applicatiori for furids �n behalf of the t=oun�ation, if the Foundation is not eligible to make such requests itself. In additioti, the �ity will ais� �tivise tne F�>>:ndation on the a�raila;��ili.ty �f funds a�d tt.a procedure to apply for said funds �vhen thi� information becomes ava�lable to the City. 5. SrRVICES TO BE PR��V�DED BY TNE FGUNUATIVN: The Foundation will provide the City wit!-� an overall develop- ment plan wiih sr.hedule of devel.o��n�nt for the Nature Center; said plan shall be rurnished to the City C�uncil within pne (1) year of the datF of this agreem�nt. The development p1Gn and the overall policy adopced by the Foundat;on wili be suaject to t;�e approvai of the City Council. In additin;�, the Foundation will use its best �fforts to raise ner.essary ft�nds for ti�e devel�pment and operation of the Nature Center. The Founda�ion �;vill be responsible for h:ring necessary personnei for the operation �f said center. Tr�:e Foundation witl �Iso su;�mit reports to the Council at least a�r.�_iaily, or more often if the sit�sation warrants, which reports will describe the prugress made by the Foundation. � E. RULFS AIv'D RFGUI.ATInNS: The City agrees to enforce all rules and regulations in accordance with the City's ordinances. All conduct on North Fark will l�e subject to the rules and regulations, and oI the ordinances of �he City, The C,ity wili supply the needed personnel to enforce said rules, requ- lations, and Ordinances, as needed, under the directior. of the Nature Center Director anci City Manager. 7. P�LTCE 11ND rIRT, 1'R��TECTIC�N: The Cit�� will provide police and fire protection at no cost to the Fot:;id_ition. . � � � 4D -3- � II ' � , � � � � i � J ' 'J �J i 1 1 1 8. IMPROVEMENTS: Any major improvements p�rmaric�atly attached to th° property are to be approved i.� 3dvcince by the City Council; said approval shall b� in writir,g anc'. sl;ail not be unreasonable with r�spect to the pra�osa�s by the Four�c.�ation. �lll permanent improvements attact�ed to the property, shall remain on the property at the te:mination of tnis Lease and shall become the property o` t�e City. 9. LIABILITI' INSURANCE: Adequate Public Liability Insurance shali be purchased by both the Foundation and the City; t:�e amounts to be determined by the responsible parties. 10. APPROVAL FOR ADMISSION CHARGE; The part?es hereto agree that the Poundation will not establish a system of admission charges �o the general public w�thout first having said charges approvcd by Che City Council. 11. COMMUNICATTON LETWEEN THE PART?ES: The Foundation will maintain a regular, open public meeting for conductirig its business and will furnish the City Manaaer with minutes of these meetin��s. All communications with the City Gouncil will be through the City Manager, who will act io establish a Iiaison between the City Council and the Foundation. Tne City Manager may personally act as the Council's representa- tive or may assign a satisfactory member of his staff to act in this capacity. IN WITNESS WHEt.EOF, the parti.es have set their hands and seals the day and year first above written. IN PRESENCE OF CITY OF FRIDLEl : And William J. Nee, Mayor Marvin C. Brunsell, City� Clerk b ` � • 1 ' s�rn�►•�; or r�ir�r;c�o���n) � :' �' • courarY or nNC�xn ) � -4- Un Chis -- d�iy of _----------- ,]97'i, hcf.orc� inc•, a Notary Pu}�lir �.�ithi.n �ucl Cor sai.cl Count}�, I,c•r:;onril]_y a}?�>c�:lrc�cl IJIT.l:1P,I•1 J. NEI? and 1�1.�I;VtN C. );KU;vS1�;I.L, to me pers:,nall� knuwn, tai:�, bcinF c,+cli by tne cluly swor.n dicl s:�y th�it they rire rc��:��ect i_vely tlic i•t:iyar rind t.l�e Ci Ly Clc�r!: of the mun_iciprtl cor},��rntion ri.iinecl in l.he fc�ref;o::n�, inst:rume�nt, and tiiat the seal aLf.i;ced Lo s<iid i_nst-ru�nc>nL i.s 1�IE� eori�or��Cc� �'c�a] of said inuiiicip�il corpor��Ci<��1, . iic] Lhal szi<i inst_r.urnent ia�is si�nc�cl ��cicl seal.�d in behalf oL s:i_id 1?iunici�,<37. cor.��or<ition by ��uthority ��f :i.l's Ci.ty Council ancl sai.d :JII.LI,�;�( J. NI�Is �nd ii�UtVI;v C. I;RtiNSI�.I.L ;�cl:now- led�;cd said ir�strumE�nt to be t.hE: Iree act and deed of said i:iuni.cipal. corporation. u IN WITt�ESS WHERF.01�, tt�e ParCies have set their hands and seals tiie day and year Iirst above �ari.ttcn. IN YRESENCI� OF ' � ' STA�rr or rt1��a�'sSOTA) � SS. cot�r�rx Or ANOI�A ) ' � 1 � • SPF.INGl3R00K I�'hTUP�E C�NTE[t FOUNDA'CI(1N By Richard J. Trezona, Chairman On this day of , 1975, heforc me, <� Notary Publ�i:e �aithin <incl for s��id Count.y, ��ersonally �ii�perarecl I:TCI{I�'::) J. 7'I:1:GON�1, to mc }�E'.XSOII1I.Ly kno��n, wlio, bci.n�; by me duly :;worn dic] sciy i�l�at he is t.hc Chai�'m��n of thc� corl�ora�ion ilained in the fare4;oint; instrument�, �ind Cli�t said insCrumen� \J�l:� SiF,nc.d iil bc•li:ilt of sai.d cc�l�por:iLl.0I1 hy �utl►ori ty c�f its noard of Di.r��ct:or� �incl sai.cl RICUAI:I) J. '.Cl:l;'J.ONA ackii��wlecl�;cd said instrumenG to bc� Che frce act arict deed of s<1id corporalio�i. • � � . �� . � NOT�: The lan�uage in parenthesis inciicates the I'oundation's recor.imend- ations for additions and the lan�ua�e underlined marks the � Foundation's su�;gest.ions.for deletions. L}F STAT� Or PSINNESOTA) � ) ss. COUAiTY OF ANOKA ) � � � , � ' ' , � LEAS� AGRG).Mr N�1� . TiIIS AGRErP;EN�, made thi.s clay of _, 1975, by aizd betcaeen the City of Fridley, a munieipal cor.por.atio�� ar.ganired ancl ex:i.st'in� under the laws of the State of rli.nnesota, hereinafter called t:he Ci.ty, and the Spriiig��roo'� Tlature Center roundation, incorpor.aLed November ?_9, 1973, as a non-profit organization, hereinafter called ihe Fotindation. �JITNESS�TH: That the City does hereUy demis� and 1et unto the . Foundation ttie area lcnown as North Park ancl described as follocos: ' S 30 Acres o� NF.4 sec. 3 30 24; and� Tlie 3,ast 70 feet of - the N�rthwest Quarter of the Nortlieast Quar. ter of Secta.on � . 3-30-24; ar_d IvTW� of NE14 EX TH PT LYING W OF R P.-SUBJ TO GAS MAIN EAS� OVER WLY 50 FT-SUBJ TO EAS� 30 FT WIDE T0 N SUBUI2BAN SANIT�P.Y S�G7F.P. DIST LYING ELY 0}� A LTNE PRLL TO & 3Q FT ELY OF ri�AS �T P.T A�'�GL�S TO TIIr I'sLY KT Or ldAY LINE OF N P RR CO � EXTEND:CNG N�JLY ACROSS Sp. Njd � Or SD SEC 3 30 2G--6/11/65; and N 34. E�8 ACI:ES, 0�' NE 4 Or NE'4 _ SEC 3 3Q 24; and TH PT OF LOT 6 I:EV I1D 'Ui3 ��103 LYlNG , NELY OF RR R/W-SUBJ TO GAS NAIN EASE OVER WLY 50 I°l'-SUT�J 'PO EASE 30 FT LJIDE TO N SUT3URBAN SANIT�.RY SL'6JLK DIST]ZICT � � � 6/11/65. . It zs mutually desired by the City and the Founeiation that the environmental eclucation proj�ct be successfull_y designed and ciir.ected f_or . the benefit of all of the cirizens of the r.e�;ion; therefore, the City and the roundation a�ree to the following conditions: ' ]. . 2. TERM: The Foun:dation is to have and t.o hold the above described premises for. a term of I'ive (5} years, beginning rlax'ch 1, I975.and ending on �ebruary 29, 1980. � . RrNEtJAI.: This Lease may be renewed for additional Five (5) year periocls upon the mutual. agreement of both pazties. If the Foundation desires to renew this Le�se, they sha11 notify the City, in wr.iting, at least Nznety (9�) days before the expiration of; this Lease. If the City agrees to an additi.onal Five (5) year lease, it s1�a11 no.tify the Founclation that Lhe request for an additional Five (S) year lease period has been ap�xoved. 3. xrNr.n�.: The T'oundaL-ion shall p�y to the. City the sum of One and no hundredths ($1.00) Dollar per year. 4. SL'R�rIC�S '�0 I3I; PROVTD�D BY Til� CI`i'i': The City hereby agrees to furnish, i-or tlie term of this a�;reement, , r ' !� � �J u � � �. !.. � � , -2- � maintenance of North Paric including, but not limited . to, grass cutting, tree trimmi.ng, c7.earing and removal of waste material, snow removal, fence maintenance, and parking lot maintenance, which services may include the £urnishing of inen or equipment, all to be accom- � plished by the City on a regular schedule as established by the Dir.ec�or of the Nature Center and the City Manager of Fridley. The cost of such services is to be reim- bursed to the City by the Foundation. The City will . � establish a stan�lard fee schedu:Le for such services, such schedule to be provided to the Foundation prior to furnishing any services. The City agrees that it will cooperate with the Foundation in an effort to raise funds for the develop- ment and operation of the Nature Center. In particular, the City will make application for funds on behalf of the Foundation, if the Founiation is not eligible to make such requests itself. (In addition)the City will also advise the Founclation on the availability of funds and the procedure to apply for said funds when this information becomes avai.lable_to the City. S.- SERVICES TO BE PROVIDEB BY THE FOUIIDATION: The Foundation wi11 provide the City with an overall � development pl.an with schedule of,development for ---°--. __.,__ _. the Nature Center; said plan sha11 be furnished to the City Council within one (1) year of the date of this agreement. The develapment plan and the overall ------ - -- � . ._ . _.__ . policy adopted liy_ the Foundation will be su�bject to _the _ ___.,__ ____ .__.. _.,.. __. _ .. _ . �pproval ot the City Council. In addition, the Foundation wiZ1 u�z it�`"�est�µefforts to raise necessary funds for the development and operation of the Nature Center. The Foundation wi11 be responsible for hiring necessary person-. nel for the operation of said center. The Foundation will also submit reports to the Council at least annually,.or more often if the situation warrants, which reports caill describe the progress made by the Foundation. �. � yG � NOT�: The lan�uage in parenthesis in�dicates the Foundation's recommendations for additions and the lan;uage underlined marl�s the Foundation's suggestions for deletions. LJ R C� C 0 ✓ � 4,; - � C' �` �' �� � � � -3- 6. PERFORMANCE BX FOUNDATION: At least sixt (60) days before the end of the third ear of e lease the Foundation will submit com rehe ive u dated ro ress re ort to the Cit Coun il re a in their erformance and future lans. If th Cit Council feels that the ro ress made b the Foun at' n is not satisfactor , the will send a notice to he officers of the Founda- t'ion advisin them to sho ause at a ublic hearin ' set u b the Cit Counc'1 w the lease should not be terminated. After the ublic earin and other ublic input, the Cit Coune' will m ke a decision and their decision will be fi��l. 7. FIRST PREFERENCE: The Citl governmental jurisdictit��.s of Fridley would �et firs �is af Fx�_d�e.y and all local z�ithin the corporate limits �reference for the use of the North Park Nature Center raciliLy. 8. RULES AND REGULATIONS: The City agrees to enforce all rules and regulations in accordance with the City�s ordinances. Al1 conduct on North Park will be subject to the rules and regulations, and of the ordinances of the City. The City will supply the needed personnel to enforce said rules, regulations, and ordinances, as needed, nd � ' � ^Y--� -- � —her CitE ' � Q"�--""''''-" '��a" �under the direction f the Nature Center Director and the City Manager� 9. P�LICE AND FIRE PROTECTION: The City will provide normal police and fire protection at no cost to the Foundation as other City park lands. yH 10. �, . � r v� �� J . -4- IMPROVEI�4ENTS: Any major improvements permanently attached to the property are to be approved in advance by the City Council; said approval shall be in writing �and shall not be unreasonable with respect to the proposals by the Foundation.� All permanent improve- ments, attached to the property, shall remain on the property at the termination of this Lease and sha11 become the property of the City. ` -,... 11. LIABILITY INSURANCE: AdequaCe Public Liability �W'"� Insurance shall be provided by the Foundation. The amount shall be no less than $300,000.00 and shall be increased as �ed�t-: y ot t e a��'^�°�t'�`;�t'��-�m����t��� r���--�a• wr ✓.y�.t.�.. . �. ,..,_:� 12, APPROVAL FOR ADMISSIQN�CHARGF.: The parties hereto agree that the I'oundation wi11 not establish a system of aclmission charges to the general public caithout first havi_ng said charges approved by the City Council. i3• e � � COr1�'�IUN7CATION B�TTdELN THr PAf:TIES : Tlte roundation will maintai_n a regular, open public meetirig for conilucting its business and will �urnish the City Manager �aith minutes of these meetings. A11 commu- nications wiCh the City Council will be through the City Manager, �oho will act to establish a li.ason between the City Counci_1 and the Poundation. The City Manager may personally act as the Counc.il's representative or may assign a satisfactory member of his st��ff to act in this capaci�y. IN LaITN�:SS WH.FRrOF, the parties have set tlieir.hands and seals the day and year first ahove writCen. IN PIZLSENCL' OF � � CITY Or FRIllLEY By And William J. Nee, Nayor Marvin C. Brunsell, City Clerk yz � ' � � � � � � �+► � � ���.� v, s V��� 4;r� n�k� '�b ��� �-� ri��"����kpr;�p,W''°�1L�.� � ,� °� �,��.�������,�+�� �.��f�, ,� �" �, �; � — �� -- � � - - - � , � � � ��i n�^. •► A� ?�^/� 19 � r�"�'� {� �� � � — — �' I•"�I�.:nr �`� �d�` --_ — - ��..� � --- -�-� � .� � _ � ,� r ��� r�/` �� sr -�`" - - �� . > :��! March 11, 1975 Mr. Nasim M. Qureshi City Manager, City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Qureshi: Springbrook � � Nature Center Foundation Box 32323, Fridlcy, Minuesota 55432 (612) 522-1188 The Springbrook Nature Center Foundation would like to go on record as encouraging the use of the city naturalist to develop all of the city's natural areas to their full capacity and that whatever programs are being developed by his department be organized to include North Park. M This action should be implemented as soon as possibl.e so as to take advantage of all the resources within North Park and should continue until the Nature Center is designed and developed. � � � � � � The many requests by people within the area for an active program make it mandatory that North Park be used to its fullest potential. To aid in the cooperative effort of this program we feel it would be important that the city naturalist be encouraged to attend the Spring- brook Nature Center Foundation meetings to correlate his proposals with our plans. RjT:bbb OF�RS DINECTORS U�. Riehard J. T�wona. l'I�.u�,n.u� M�. lYN 0..„Ilev. n��,�A.� Ilrniiei�u� IM l:.Nnble.l'.���1'.I�.��iii�.u� U�.ti��l II::���,����•1'neiii��.n� Mr. st A. Velia��ylo. `:,•� ���i.��V U� Waitor J. N�rcAvnndyn. Iti�ocl��i fter �to�� L. Wnrden. r\.�nlui�� tiecirl.nY lnu�iitu.. Ilell Muerum ul Netuinl Mr. Ch�i�lmfun.l��•.n���ei Hn�iny . Si rely, .�'CC�.-� � Richard J. Trezona Chairman Archi�ecl Dannl� R. Hollow.y, Piul�`n D�. L. Oarkl Mech, Rraearch oioloyrst, Mr. Darid D. Schae�. Sie�x Senaior Mr. Jsek Y. Velin, Inie�na��o�wl .LEGAL ADVISOR Ou��dnni�s. Uruvri��lv �rf Miiv��•�nW U. $. ii.l�.uul W�lillilr tiriv�cn M�n��rsuta f)nl�icl No. 46 B�ulheihu�r�l ol Teanntuis ti�l„�.�I ��1 A�rn���.�i�nr.m�1 Mr. Juhn E. Mryvr. N��I��,s���n.il Mn. Jsnme R. Seeynr. MrmiK•� Mr. Jeme. Mslkow.kl. Natwal Mr. Dona1A C. Savalkoul 1 e�nl.i � u� I��� I��Ir� linr • l;�i ���il�i��g I�upr�rrr N�n�l� Pe�A MI11���� (:�nnin�l�ce $vnnicn V�iutl� F�uu�ulaln�n Or. Dnnxld B. 4+w�once. 1•���Irt.��i uf Mr. W111iwn R. P�q�n.11.u�Ae� Dr. Harn�on B. Ti��dnll. Onucto�. RECAftDING SECRETARV ����.���Y. Uii�v�•is�lv �I Miiiir�x�rle � fl�'ll Min�•um i�l Naluret Vl�slurY iM1rsil�l�ni����� Nx�wn e�e ro� i�len���k���un ' o� r.� �n ro� ��unui..mM�..m•m. Mn. LrvAnn Sporn � � � ' T0: � ' � � , i � � � ' � , � � � FROM: CITY OF FRIDLEY MEMORANDUM NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL MARVIN C. BRUNSELL, ASST, CITY MGR./FIN. DIR, SUBJECT: ALTERNATE ASSESSMENT ROLLS - 1974-1 STREET PROJECT 68TH AVENUE - RICE CREEK TERRACE TO 7TH STREET AN D 7TH STREET - 67TH AVENUE TO 68TH AVENUE DATE: MARCH 12, 1975 � 5 For the assessment hearing, we prepared an original roll and an alternate roll for this portion of the street improvement project. We have now prepared another alternate roll, A brief explanation of each of t�e rolls is as follows: ORIGINAL ROLL: This roll was prepared in conformance with the standard assessment policy of the City in existence prior to thi;s time, The assessment for 68th Avenue did not go across the street to the north side of Rice Creek Terrace. The side street assessment on this original roll was $2.36 per foot. ALTERNATE ROLL N0. 1: This is the same roll as presented to the Council at the assessment hearing. This roll was prepared in accordance with what we understood the Council's direction to be. That is, the properties on tf�e north side of Rice Creek Terrace were included in the assessment roll all the way to University Avenue. This roil resulted in a side yard assessment of $1.30. ALTERNATE ROLL N0. 2: Alternate Roll No. 2 does::contemplate assessing property on the north side of Rice Creek Terrace also, however, the assessment would be spread anly as far as the westerly line of Lot 8, Block 4, Rice Creek Terrace Plat 4. This roll would result in a side yard assessment of $1.69 per foot. Fourth Street was improved under the 69 Street Project which was assessed in 1970. It appears that 6th Street has not been paved or repaved for quite a number of years. It is extremely difficult to be fair to all concerned when you have curved streets, and when the streets are improved one at a time. MCB:sh u � , , , � � ' � � ' � � �--, I'� , , � � 5A ST. 1974-1 STRE�T IMPROVEMENT PROJECT 68TH AVENUE: RICE CREEK TERRACE TO 7TH STREET 7TH STR�ET: 67TH AVENUE TO 68TH AVENUE ORIGINAL ROLL: � (Side footage on south side of Rice Creek Terrace spread one-half way ` to next side-yard between 6$th Avenue and Sixth Street, and one-half way to r next side-yard between 68th Avenue and Madison Street) Total Cost: $24,228.48 y 1,877 €eet (total footage of street) _ $12.91 per front foot �1,337 feet x $12.91 per foot = $17,260.67 540 feet (footage to be spread) x$12.91 per foot = $6,971.40 $6,971.40 y 2,954 feet (footage side yard is spread over) =$2.36 per foot for side street ALTERNATE ROLL N0. l: .,�:. (In addition to properties assessed for side footage in original assess- ment roll, side footage also spread on n�rth side of Rice Creek Terrace from 68th Avenue west to University Avenue, and one-half way to next side- yard between 68th Avenue and Madison Street.) Total Cost: $24,228.48 i 1,877 feet (total footage of street) _ $12.91 per front foot 1,337 feet x$12.91 per foot =$17,260.67 540 feet (footage to be spread) x$12.91 per foot = $6,971.40 $6,971.40 j 5,372 feet (foota�e side yard is spread over) _$1.30 per foot for side street ALTERNATE ROLL N0. 2: (In addition to properties assessed for side footage in original assess- ment roll, side footage also spread on north side of Rice Creek Terrace one-half way to next side-yard between 68th Avenue and Sixth Street, and one-half way to next side-yard between 68th Avenue and Madison Street.) Total Cost: $24,228.48 y 1,877 feet (total footage of street) _ $12.91 per front foot 1,337 feet x$12.91 per foot =$17,260.67 540 feet (footage to be spread) x$12.91 per foot = $6,971.40 $6,971.40 � 4,139 feet (footage side yard is spread over) _$1.69 per foot for side street . . . ' ��.o� . . $CC. /t - , ' ' . � u � 'n"""" ..,_. �: I . i �. . .� f 91 {f AVE. 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' tE'N7£Jr a _ , :ST. 1974-1 STREET IMPROVEMENT PROJ�CT 68TH AVENUE: RICF CP.EF.K T�RRACE TO 7TH STREET 7TH STREET: 67TH AVENUE TO 68TH AVENUE Original Roll: Front foot rate -- $T2.91 Side-yard rate -- $2.36 ,� ��`� rrt nvE. r�.0 _ T ... � . ,, . •i ``` . . . ��,, ; 1 � 3 Y 7 Y ' f � C .. . � ,+' t: t � . , � n. _,• '��� . r�` � \: , � r r .. , - • ... - .. ; .. - _ � -' . •��a i \ � /� +�' . , . .� O tc.: .t��._ .�v__.���' .\ �T � ;,� � ` � ., : . J jN � Lr 3: � l , . ' � �(��,.. .:\ ;'•n � '1 I V m . � � -•;,;rt- m ._•1;.+_ z ii: >I' : _„-_::,•'f ( .: �, ' �I -�- , �Y N•`� . ' """••' �. ' ; :I . ,{ ' _�, ;� � � i ,� , � s �: .s : 3 1 � � � ' cI; ;,.., ` _� _ �ac �„",_ ' ,;,' � . l ':�� � �;j �� _' \;;,, i�f�;�,.__,,_�t�_ ` .,• ., :V _.<<._�.: �-<.� ,., � ;` , r: Yr.i � W ��y �, t 4 � ,9'� �'.' .� � � a - � . . . `r �� 4 � -� // - (�,�. < p ! `f + r. 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R C.�9 r o �� �iIjCE« 3 z i', ���0%�l11'�r�C� 6 Ni1J ��H�3 'l �; ' 'I ./i �/n � I 6 S 4 I � � O 6 f l S O p°`' � �,K ! .� � � I -� �- t..i p% .. .:.. .,. . .. ,.. : � ..� ... ... . ... . . , . � COUNTY STATE Alp HIGHWAYNO. 6 .-�u.•.. -__ .. • ; _ _ �._. . . ..---MfSSISSI!'Pi��„S7REET---- �., -. ' , CEN7ER a „ i � - _ _ `ST. 1974-1 STRE�T IMPROVEMENT PROJECT 68TH AV�NUE: RICE CREEK TERRACE TO 7TI3 STREET ' 7TH STREET: 67TH AVENi3E TO 68TH AVENUE Alternate Roll No. 2: Front foot rate -- $12.91 ' . � � Side-yard rate -- $1.69 ' , i . � . 5� l� LJ RI;SOLUTION N0. - 1975 RESOLUTION CONrIRMING ASS�SSM�NT FOR ST. 1974-1 STREL'T IMPROVLM�NT PROJ�CT B� IT R�SOLVED by the City Council of thc City of rridley, Mimlesota, as follows: ' 1. The City Clerk has with the assistance of the engineers her.etofore selected by this Counci_]. for such.purpose, ca].cul_ated the proper amounts to be specially assessed for the ' ' , ST. 1974-.1 STREET IMPROVEMLNT PROJ�CT in said City against every assessaUle lot, piece, or parcel. of land in accor.dance wit:h the provisions of 1aw, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount caJculated against the same. 2. Notice has been duly pul�lished as required by law that this Council would ' meet in special session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at al1 times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such propased assessment, or to any item thereof, and na objections have been filed; except � 4. The amounts specifi�d in the proposed assessment are changed and altered as follo�as: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specia�ly benefited by the ST. 1974-1 STP.��T IMPROV�Nf�NT PROJ�CT in the amount in said proposed assessment as alter.ed and modified Uy Che corrective roll in the amount set opposite the description of each such 1ot, Piece, or parcel of ].and, and tliat said amount so set out is hereUy levied a�ainst each of the respective lots, pieces, or parcels of land thcrein descri.bed. � The charge of $5,902.00 to the PuUlic Utility Fund is hereUy confirmed. � ' PAGL 2--R�SOLU'TION N0. � ' = 1975 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopted, and conLirmed, and the sums fixed and named in said proposed assessment- as altered, modif:iecl, an�l corrected with the chan�es and altera- tions herein above made, are affirmed, adopted, and confirmed as the proper special assessmeiits for each of said 1ots, pieces, or parcels of land res- pectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to ' by tl�e City Clerlc and filed in his office and shall thereupon be and con- stiLute the special assessment for , ST. 1974-1 STR��T IMPROVI,M�NT PROJ�CT 8. The amounts assessed against each lot, piece, or parcel of land shall bear ' inter_est from the date hereof until the sam� have been paid at the rate nf seven and one-half (72) per cent per annum. ' ' ' � ' � , 9. Such assessment shall be payable in ten (10) annual installments payable on the 1st day of January in each year, beginning in the year 1976, and continuing until all of said installments shall have been paid, each installment to be collected with taxes collectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the o.ffice of the County Auditor of Anolca County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the lst day of Januar�� in each year. The motion for the adoption of the foregoing resolution was duly seconded by Cauncilman , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same. PASSED AND ADOPTED BY TH� CITY COUNCIL Or TH� CITY OF rRIDLEY THIS DAY OF - , 1975. ' , ATT�ST: ' CITY CLI:P.K ' ' Marvin C. I3runsell MAXOR 5F William J. Nee ' � ' ' ' ' ' � ' ' 1 , March 14, 1975 RE: St. 1974-1 Assessment Dear Councilman Breider, This letter is in regard to the assessment procedure proposed far the side lots of 68th Ave. between 7th St. and Rice Creek Terrace. It is our understanding that it was by your direction that the normal method of assessing,in cases such as these, be abandoned. The mentioned normal r�ethod has been Co assess the adjnining lots, halfway to the next corner. Your proposal is to also assess tliose across the street (northerly side of Rice Creek Terrace). We seriously question the �aisdom and the motivation for such a proposal, on your part. t�Te were not notified of the preliminary hearing for this p�mject. We assume that was because it was determined at that time that such lots are not assessed normally in these situations. Therefore, we were deprived of input at the initial sta�e of this project. i�iany of us were present at the March 1Qth final hearing because we were now notified of the intention to assess aur lots. Unfortunately you were not .present to hear our views. Via this letter, we now wish ta make it known to you that we protest assessment of our lots for any part of St. 1974-1 street project. It was,mentioned at the Ma.rch lOth hearing that all properties in Fridley will eventually be assessed for side yard. We question the propriety of such philosophy is cases where the original streets were installed in an entire subdivision by the �eveloper and such costs ref�ected in our original purchase price of the lots. Our primary concern here is that prnceeding with your proposal could establish a preeedent that could be more expensive for us in the future, and cve are paying a property tax, presently, that is considerably higher than the rest of our neighborhood. Thank you for your consideration and please consider this as our official. view when a final roll is approved, in. the event some of us are unable to personally present ourselves. �6� , DZ.�,�7..� �oz.�,-m .�c_ � ' � �� �/�'�i �`--2�2�'-z �/1. �` � �. !f� / % � ' SG � �,� ��,•�-�-� J���1..u� 1�- � I�-�. �. -� - /� � .-r- ��,,�-� l�`��- '� � � Y �`��-'�- �' f � � ` ^ � 1. � 1 � . _ .. j. �. ' ' , , ' ;� ;� � �r ,n" ..---_��� '-'7 , � II, � J'" �o� ' f �`y'Lt"r,-2�a.cs--�___---------_. -;.i� / � i �- _--. � �% �' � / .'� / � C�.� (- C� �, � � , � ?� r�` � --� � � �� r ��c.-�L� �� .� / S"_ �l / c� �,���� � _ � � �t,�� �Z�'� �I l ���fi.%� � � L� � � Gvl.��s--�--- � � '� j�c..�..�. �' ,d...�,�. ' , ���%• � %� • ,�• ,� "'"�.�...Q�. -.5l�..� �i � ��.,-e.-e.� -� 1� ' � � � �. : : �� - . � � � � . � ,� 1 1 : .1 _� � � �� � � .' � , � � ' �_� �I Mr. Tim F. Breider, Councilman 7550 N.E. Tempo Terrace Minneapolis, MN 55432 Dear Mr. Breider: March 1I, 1975 347 Rice Creek Terrace Minneapolis, MN 55432 The pending assessment to the residents of the north side of Rice Creek Terrace for the road work on 68th Avenue between 7th Street and Rice Creek Terrace is objectionable to me. M� position is based on. the following: 1) Past projects of this nature have not been assessed to the residents on the north side of Rice Creek Terrace. This is a new procedure, and I am not sure Iong range what it could mean to me as a Fridley resident. 2) I have to look on the map to find out where 68th Avenue actually is. That is not a street that I ever have occasion to use and adds absolutely zero value to my property. 3) If you are going to change your procedures, I 1m sure there are a lot of other homecnaners that have similar situations as the north side of Rice Creek Terrace. Are you going to have consistency for a11 of the homeowners? In light of the preceding, I strongly urge that you reconsider your proposed procedure for assessments and revert to the method of assessment that has been acceptable in the past. Sinc�rely, � � n d La ry E� Jo� aas } ' ' , RESOLUTION N0. - 1975 RESOLUTTON CONI'IRMING AS5ESSM�NT FOR ST. 1974-2 STREET IMPROVEtiiENT PROJECT l�J BE IT RI:50LVED by the City Counci.l of the City of Fridlcy, 24i��r�esuta, as follow�: ' 1. The City Clerlc has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to Ue specially assessed for the � � � ST. 1974-2 STREET IMPROV�MENT PROJECT in said City against every assessab_l.e lot, piece, or parce]. of land in accordance with the provisions of law, and has prepared and fi.led with the City Clerlc tabulated sta.tements in duplicate showing the proper descriptiion of each and every lot, pie�e, or parcel of land to be specially assessecl and the amount calculated against the same. 2. Notice has been duly publis'ned as required by Iaw that this Council would ' meet in special session at this time and place to pass on the proposed assessment. � ' � 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an �pportunity has been given to all interested persans to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed; except � 4. The amounts specified in the proposed assessment are changed and altered as follows: � 5. This Council finds that each of the I.ots, pieces,.or parcels of land enwnerated in said proposed assessment as altered and modified was anrl is specially Uenefited by the ST. 1974-2 STREET IMPROV�MENT PR03ECT ,, in the amount.in said proposed assessment as altered and modified by the corrective zoll in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set out is hereby ', ' levied against each of the respective lots, pieces, or parcels of land therein described. I ' ' � ' , PAGE 2--RESOLUTION N0. ' � = 19�s 6. Such proposed assessnients as altered, morlified, and corrected are affirmed, adopted, and confirmed, and the sums fixed and nanied in said proposed as:�essm�.nt as al.ter�d, moctif:�c.d, and car.r.ected �aith r_he ch�in�es an<1 altera- tions herein above made, are affirmed, adopteci, and confi_rmed as the proper special assessmen.ts for each of said lots, pieces, or parcels of land res- gectively. ' 7. Said assessment so affirmed, adopted, and confirmed sha11 be certified to by the City Clerk and filed in his office and shall thereupon be and con- stitute the spec�.al assessrnent for � ST. 1974-2 STREE'P INiPROVEriFNT PROJECT 8. The amounts assessed against each Iot, piece, or parcel of land shall bear ' interest fror,. the date hereof until the same have been gaid at the rai�e of seven and one-half (7�) per cent per annum. � 9. Such assessment shall be payable in ten (10) annual installments�payable on the lst day of January in each year, beginning in the year 1976, and continuing until all of said installments shall have been paid, each installment to be collected with taxes collectible during said year by , the County Auditor. � ' 1 � ' � 10. The City C1erk is hereby directed to make up and file in the office of the County Auditor of Anoka Caunty a certified statement of the amount of a11 such unpaid assessrnents and the amount which will be due thereon on the lst day o� January in each year. The motion for the adoption of.the foregoing resolution was duly seconded by Councilman , and upon vote being taken thereon, the following voted in favor thereof: � and the following voted against the same. PASSED AND ADOPTED I3Y THE CITY COUNCIL OF TH� CITY OF FRIDLEY THIS DAY OF , 1975. ' ATTEST: ' CITY CL�ftK � ' Marvin C. Brunsell MAYOR � � William J. Nee � � - . � � ' � , � � i � ' � ' L; i I � � � � i r4arch 11, 1975 Mr. Roger G. Freitag 509 A�ississippi Street Northeast Fridley, Minnesota 55432 Mayor iVilliam J. Nee City ��all Fridley, Minnesota 55�32 Dear Sir: I would like to protest my assessment for the 7th Street improvement from 1�7ississippi Street to 57th Avenue. I at�ended tne Council meeting on the lOth of March, but had to leave for work before the proposed assessment was opened for questions or objections. I do not mind paying my fair share9 but according to th� Special �lssessment Office there are a lot of homes north of my home that are not being assesseu for this project. This street is an outlet to a11 propErties north of Mississip�i to Rice Creelc, from University over to l��onroe Street, and is t-he only one, consequently it seems to me that a11 of these properties have a general use or benefit of this street. I have no general use or benefit of this street. It can be argued that the properties north of T.Zississippi to Rice Creek can use I��onroe Street as an outlet to P•�ississippi Street, but it stanci.s to reason that they will not go out of their taay to use A�onroe when 7th Street is much closer. It can also be argued that some of these people can reacn Mississippi Street through the Red Ow1 narking lot, but this cannot be considered as an outlet to D�Iississippi Street as it is considered as an entrance to a par:cing lot, and parking lots cannot be used as through streets. Flease advise what action is being talcen with regard to this assess- ment. Tlzank you . Yours very truly,, % �; /,r _�1� �, .,r .1--�., , .���� L�i��,, ,'•���-.�'f=``.�! Rog�r G. Freitag �; , cc: Special Assessment Department Councilman Tim Breider ' � , , � 7 RESOLUTION N0. - 1975 RESOLUTION CONFIRMING ASS�SSMENT I'OR ST. 1974-4 STREET IMPROV�MENT PROJECT BE IT KESOLVED by the City Council of the City of Fridley, Minnesota, as iollows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the ST. 1974-4 STREGT IriPROVEMENT PR03�CT � in said City against every assessable �ot, piece, or parcel of land i.n accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description � of each and every lot, picce, or parcel of land t� be speeially assessed and the amount calculated against the same. 2. Notice has been duly published as required bq law that this Counci]. would � meet in special session at this time and place to pass on the proposed assessment. � 3. Said proposed assessment ha.s at all times since its filing been open to inspection and copying by a12 persons interested, and an opportunity has been given to all interesteci persons. to present their objections, if any, ' to such proposed assessment, or to any item thereof, and no objections have been filed; except � 4: The amounts specified in the proposed assessment are changed and altered as follo�as: 5. This Council finds that each of the 1ots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the ; ST. 1974-4 STREET IMPROVEMENT PROJECT s in the amount in said proposed assessrnent as altered and modified by the corrective roZl in the amount set opposite the description oi each such lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. The charge of $2,180.25 to the Public Utility Fund is also confirmed. � ' , PAGE 2--P.ESOLUTION N0. ' �J , � = 1975 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopL-ed, and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected with the changes and altera- tions herein above made, are affirmed, adopted, and confirmed as the �roper special assessments far each of said lots, pi.eces, or parcels of land res- pectively. . 7. Said assessment so affirnied, adopted, and confirmed shall be certified to by the City Clezk and filed in hi.s office and shall thereupon be and con- stitute the special assessment for ST. 1974-4 STREGT IMPROV�Z�NT PROJECT , 8. The amounts assessed against each lot, piece, or parcel of land shall bear � interest from the date hereof until the same have b��en paid at the rate of seven and one-ralf (72) per cent per annum. � 9. Such assessment shall be pa}�able in ten (IO) annual installments payable on the lst day of January in each year, beginning in the year 1976, and continuing until a11 of said installments shall have been paid, each installment to be collected with taxes collectible during said year by , the County Auditor. � � � ' 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the lst day of January in each year. The motion for the adoption of the foregoing resolution was duly seconded by Councilman , and upon vote being taken thereon, the following voted in favor �hereof: and the following voted against the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ' � � ATTEST: '' � CITY CLERK , , , MAYOR Marvin C. Brunsell , 7A William J. Nee � , CITY OF FRIDLEY MEMORANQUM T0: NASIM M, QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FI�d. DIR. SUBJECT: ALTERNATE ASSESSMENT RQLLS - SW & SS IMPROVEMENT PROJECT 114 STORM SEWER, HARRIS LAKE ESTATES AREA DATE: MARCH 12, 1975 On the attached sheet you wiil find a summary of possible alternate ways of assessing the storm sewer for Area E of Project No. 114. ORIGINAL ROLL: The original roll contemplated an assessment rate of $6.49 per 100 square feet for the lateral assessment, plus $.96 for outfall assessment. This roll was prepared in conformance with standard City policy for the assessment of storm sewer. ALTERNATE ROLL N0. 1 Alternate Roll iVo. 1 has been prepared on the basis of all property within subdistrict E being spread on an equal basis with the provision that no lot would be charged for more than 15,000 square feet. This results in a rate of $6.90 for storm sewer lateral service, plus $.96 for outfall assessment. 0 • 1 IMPROVE�-1ENT PROJECT SW&SS #114 STORM SEWER ASSESSMENT HARRIS LAKE ESTATES AREA ORIGIyAL ROLL Area E: $71,666.27 - 1,104,375 sq. feet =$6.49 10,551.28 - 1,103,375 sq, feet = .96 (outfall) � $7.45 per 100 square feet ALTERNATE ROLL #1 Using 15,000 sq. feet per home site (parcel adjacent to Harris Lake Estates Pl�:t). 7he balance of their share of the storm sewer assessment will be spread against Area E. 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' � � /nze. � � i•i��� a'. ia' '! 2 � . � /J �!ti /t � i:•�'n�.•ri,.._._ . �w ' :� :an-5,'.�.A. y� 'i�•' ::` ; '�+� '�' ' C ��..�. r�,p' �r^�+• • t i> ' i/;. �; (' �. � '� . . . , , f ''; N�'�~ , _ y .,�'�''. .., - 1 .:.�.�• �(A t� • ... �'• ' C ' '•. ` !e �; i� .`: ' y �' . .�.•+` ' �i � : . . � � �.., r;;;,••�� ;;^ : :,; � A � ` '� 1�1f� % �; �1�• ,G ,j' �1�.. 'V ' � : il �1 `; .f....,. •r• :� [`i ' 1- �r � --• 7' .,� ''� - \i •/ _ I � '• ;�� " �( ' i•.. .•.��• ,t V . � .,.: � ., � f. �, �� .� ,,.. '�:.�'. _�. .1.. ''�_ ' tr ► -. .. ... ...- - -^�.,. ................,.,.�..w.......�..«..,..,.y.a..► � a•�a;,ri....,,.«,.......�........ ..C.+..:.�,,:,�.• 1 ,............. • • ' '• ' •' ` ,'�' y �. . , � , . . � �1'! V � , RESOLUI'ION N0. -- 1975 , , . RL'SOI�UTTON CONrTRl�IING ASSL'SSMF,NT rOK SEtJER, ���ATrR, I�ND ,S'1'OI2M SFWLfZ IMPROVEMENT '. _.. ,' 1'?;0.7ECT t�0. 114 , AND AUIHORIZING CEP�TAIN TIZANSP��tS OF FUNDS • ' ' ,, ' , . ' ' ' I ' ' �� BL•' IT 1tESOLV�D by L-he City Counc.il af the City of Fri.dley, Minnesota, as follows: 1. `rhe City Clerk has with the assista�ice of the en�ineers heretofore selected by this Co«ncil for such purpose, calculated the proper amounts to be specially assessecl for the . � SE4JEP., SJATI:R, AND STOfu�i SEi�R II�ROV�MENT PROJ�CT N0. 114 . in said City against every assessable lot, piece, or parcel of land in ' accordance with the provisions of 1a�a, and has prepared and filed toith the City Clerk tabulated statements in duplicate shotaing the proper descri;3�ion _ of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. . _ 2. Notice has been duly published as r.equired by .law that this Coiinc:il �„ou7.d meet in special session at this tirne and place to pass on the proposed assessment. .. 3. Said proposed assessment has at aZl times since its filing been open to inspection and copying by all persons intereste:l, and an opportunity has been given to atl interested perso�zs to prese�:;:.: their objection.:, if any, to such proposed assessment, or to any iten� thereof, and no objections have been filed; except � -� 4. The amounts specified in the proposed assessment are changed and altered as follows: . 5. This Council finds that each of the lots, pieces, or parcels of land' .enumerated in said proposed assessment as altered and modified was and is � specially benef:itecl by the ' S�WER, LJATF.R, AND STORM SEWER ZMl'ROV�MT'N7' PR0.7�CT N0. 114 . in the a►nount in said proposed assessment as altered and modified Uy the corrective ro11 in the ilII1011il� set opposite the description of cach such lot, piece, or parcel of 1and, and tliat said amount so set out is hereU�� lc.vie.c� af;ainsC each of the respective lots, pieces, or parcels of land therein descr.ibed.,�including�amounts to be char.ged to other projects, as follows: ST. 1972 Pr.oject -- $ 7,772.00 SS ��102 Project-=$ 34,503.00 ST. 1973 Project --. 5,100.00 SS ��106 Project-- 16,000.00 ST: 1974 Project -- 2,2G6.25 SS ��1Q7 Project-- 8,243.00 Burlington-Northern Dep. -- 27,000.00 � I'age 2--RESULUTION N0. - 1975 , .p 6. Such proposed assessments as altered, modified, and corrected are affirnied, adopted, and confirmed, a.nd the sums fihed and named in said �roposed assessrnenC as a1t�:ered, moclified, and corrected caith the chan;es and altera-- tions herein above ruade, are affirmed, adopted, and conEirmed as the prope.r special assessinerits �qr each of said lots9 pieces, or parce7_s of land res- pectively. . . 7. Said assessment so affirmed, adopted, and confirrned sha11 be cc:rti�icd to by the City Clerk and filed in his office and sha11 thereupon be and cor�, stitute the special assessment for SEWER, kTATER, AND STORi�I SEWER I2II'ROVi?MENT PRU3�CT N0. 114 � 8. The amounts assessed against each lot, piece, or parcel of land sha11 b�ear interest from the date liereof until the same have been paid at the rate of seven and one-half (7 2} per cent per annurn. 9. Such assessment shall be payable a�n t�venty (20) annual installments �ayable on the lst. day of January in each year, heginning in the year 1976, and continuing until all of said installments slzall have been paid, each installment to he collected �•ritl: taxes col.lect.ible during said yeax' by the County Auditor. 10. The City Clerlc a.s hereby directed to make up and file �n the offi.ce of the County Auditor of Anolca County a certified statement of. the amount'of all such unpaid assessmeizts and the amount �ohich tivi11 be due thereon on the lst day of January in each year. . '.Che niotion for the adoption of the foregoin� resolution was duly se'conded by Councilman , and upon vote be:ing talcen thereon, the following voted in favor thereof: ' and the followi.ng voted against the same. 1'ASS�D AI�D ADOPTED BY THL' CITY COU�ICIL OF T1IE CITY OF FP.IDLEY THIS D.AX Or , 1975. . ,. ATTEST: MAYOR CiTY CL�[tK Marvin C. 13runsell • ,. William J. Nee �- _ _..'r � �" ' i . A 0 ST�TE' OF AIINNESOTA 1 II ' _ "COUi�TY OF /1NOh�1 ) PETITIO:� I;JR _ � . A�'PROVAI; OF PL/lT . •. -_ �. CIfY OF FRIDLEY ) , - '- . : � . , - � � R:i�chaxd i�iiiler 1-iomes peti.�ions the Czty o£ Fridley as fa:Ll�ti�s: , Thai. Petitioner has its o�:fzces at I�32 18th Stree� N.i4'. , Ne�ti� � _ Brz�h�on, P�linaieso ca 55112 . � . ' . . �. � . . � ' ' . . y . . . � . � � . . . . , . . . _ � _ . . � That �he Petitioner is the developex and Con�tract of Deed Holder � of Lots 1, 2, and 3, Block 3 and Outlats l.and 2, Cochran's �iddztion, .� anci noti,� beino dzv�.ded into a pxoposed pla�t known as 13xiaxda�e, '. . appx-aximately I2.8racres of land substantially as shotitin on �the � ' attaclzed Exhibzt "11", hexeinafter ��lx�a the Developnlent. � • � .-.': ' � Thafi the applicant hereby pe�itions for the appxoval �of the _. Develapment Plat. _ . . - . .. • - :: _ _ F, � i"IHERE�5, tl�e Peti�ioner proposed to �develaP for residen'tiaZ _ __ :"�puxposes the DevelopmeT2t by ei�hex sale of individ�aal lot or lots . -'.. only ox� sale af zndzvidual; lo�s and hoMes; and - - - - _'� �`'ji�HEREA5, the City must�ap rave the Devezo ment and'is res onsi�le ., for the desa.gn and construction of public utili �:i.es and roads �z ��iin ` its bounda?�ies ; and . . � 1 '..-- . - . - . . - � . - . : .. �'jYHEREAS, ihe City an�. the Petitioner intend that tlie dev�lQpnent. .� �.`take place in an orderly and precte�exmined manner; � �. . - � . � . . _ . . .. � . . _ - - �.- NO3�, ��IEREFORE, the �'etitioner agre�s as fol].oz4s, that: '. . 1:.The complete roadway grades and lot grades for �he . � .. en�ire Development t•�ill. be submi,tted to the City • � � Engineer for approval.. _ - , - 1 "- ' . ' � '- '� � ' 2. The sanitary sei,�er system for the Development wil�. � be designed such that the manhole located at Rice Creek Road and Berxjamin Street will deterrai:�e tli° exit�point for the i7evelopmei�t's sanitary sewer system. 3. The Lo�ts 13, Z4, 1S, I6, and 17, Block 3 of th� .. Develapment, wi.11 be useci as a retentian i�aszr_ fox s�orrn set�er outlet for the Develepment is buil �. The City of Fxidley agrees to take tiijiely aci.ion to con.demn land to the i`'orth of Rice Creel; Road sufficient for the construction az?d ope�ratio� of a storm sewer outlet £or the p�oposcd Develop;��ent. � 0 � ,, , r �. . �- 1 ' • �- � . 4. � 8. 00 per huridred square feet for the ure.a o� • less the antount assessed for storm sec�er pxo:�ec+��n, 1�t' � •• wiT�. be p�aced in escrai,r with tiie Ci-�y of Frid�e �-060 to �he time that t1ie }louse is occupzed �or residency, r Z� �-s agreed tjl�it un�til the iinal assessment for ro `ect � �.106 iias been determined, that the buiZder iail.l eperotti� .��.QO per hurzdred square feet f�r the ar�a of each �ot. This amount shall t�e adjus�ed so tha-� -t;ie tota� of the . .final assessmen� for projec-� #zOb and the amoun� placed in escro�a shall equal, �B.Op �er hundz�ed sc�uare f�e�, Z� zs further undexstood that the Ci�y o� Fridley will not issue a water meter until such escrc?,r has been paicl � • by the developer, S.. The Pe�itioner agxees. that the condi.tions of t. '_ -. are to r u n w i t h -� h e p r oper ty an�� ne made binding supon=all. r '' . future oianers af sai d D e v e l o p m e� n�; a n d purstiant the . _ • -� . . . . �/%f��� ' - xe�o. : . :.� � _ . � . . :. . = - - - - . i� . - . . � .--_! �.�..f _ ,' -. _ _ .. . : . -. � . . - _: : . . .� --�' �� ---- .__ Rzchax� , ._...: _. .. _. . �,, �_ . .. ._-. _ . - ., . . . ._ . . • ; �. �. �'�i�Iler :_ r � �_ .. Dated: _. . , ' - . � s � :: _ � _ : � � . � _: -. STATE �F. N1IN�iESOTA � � . . � . . C�UNTY OF A�tirOKA � SS : � � . . • . . On this j�� d�y o f ��:: �: ; .- . Pub�zc wzthin and said Co�n 1"��' �g72, before ;ne? a h`otary , � Millex, to me exsona y� personally agpcar�ct Ricli ' � - P ll.y known, 1,�ho, being by me duly s:vorn�na iJ. : s�y that he is the Pe�i-C,zoner nar.;ed in �h� � T a-'-� and he acknowledged said illsfirunient to be hzs�fxee�a�`nstrument, , � r an _ , _ d deed, ., . . • - • - � ' : . . � � /. � � i � /.:: <. , j,t � �. . , ' '� . ��Ofia;'y' �i2 Z'1C ., �: � . . .- . . �' , . � ' x^n�wtn.v.nn.�, t1, � . : �I ' I� r i � '^ � � .�11:.�.:1PJ.�;.rp,hi4J.V;w �lcl.cnat�rledged b the C �; t i:-;�rF� ;. rr�![�.SH� > Y ity of Fridl�y � s� ,..� �o.F�y F;:r�_+� _,:;. � � ^ `' 1t :^- � •: u; S e: a Z , � ''�.`c.� i:cs ;in ;t'r �;.• 1.� JI�iY � - ,� -- Corr,m. E;� ,i-es U r r ��. : --; . i� •� • �c. ld, iJ7$ y hy: � ( �t_' �.c,�,,_•__._ �� ; , �nnn,v�.v� iV`J✓VvyyyVW4WV�� �' . � v ,. ,�•.:"�..('� �r .! , �'�1't'1rYx � J ORDINANCE N0. AN ORUINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DIS�RICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 27, 28, 29, 3U, 31, 32, and parts of Lots 2 and 6, together with the vacated alleys in Sl�:k 9, and the East Half of Vacated Main Street, lying adjacent to said Block 9, all being in Lowell Addition to Fridley Park, lying in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District M-1 (light industrial areas). SECTIUN 3. That the Zoning Administrator is directed to change the ' official zoning map to show said tract or area to be rezoned from Zoned District C-2S (general shopping areas) to M-1 (light industrial areas). ' � �J , I��i 1 PASSED BY THE C1TY COUNCIL OF THE CITY OF FRIQLEY THIS DAY OF ATTEST: C1TY CLERK - Marvin C. Brunsell � Public Hearing: First Reading: Second Reading: Publish........ 1975. MAYOR - WILLINM J. NEE � 0 � ptannin� Commission Meeti� - January 22, 1975 paqe 2 9 A �� #74-U�, Herwal Itice Creek lerrace, the same being 1271 Rice Creek Road N.E. Public Hearing open. Mr. Boardman s��id the petitioner had notified the staff that the developer of �his property lived'�-in Detroit, and arould not be present for this meeting.� H� requested that this request,be continued untii such�time as the developer would be available to answer questions��.regarding i;he.:operation of this business. `1'�, i` MOTION i�y Drigans, seconded by'Bla�ir, that the Planning Commission rontinue the request for a Special Use Permit,.SP {i74.-17, by Georqe Walquist, to permit the con- struction of a bui.lding for rusi� proofing of,autontobiles, etc., p�r Fridley Cit� Code, Seci:ion 205.131 (A,10) in ,ari M-1 zone (light industrial areas) to be located on . Lot 5, of a proposed p1at, P.S: #f74-08, Herwal Rice Creek Terrace, the same being Z271 Rice Creek Road N.E., unCi� the petitioner can have the deve�aper of this property appear before the Plararring Commission. Upon a voice vote, a1I voting aye, the motion carried unanimously. �` �-�_� 2. PU�LIC HEARI..G: CONSIDERA�rION OF A REZONIPdG RE UEST;� ZOA #74-05 BY RAO r�ANUFAC- TUflING COf�1PANY: To rezone from C-2S (general shopping areas - io M-1 1 ight induS� ' tria( areas), Lots 3-15, Lots Z7-32, and part of Lots 2 and 16, all in 61ock 9; vacated alleys in Block 9, and the East half of vacated Main Street, lying adjacent to Block y, all being in l.owell Addition to Fridley Park, the same being 2U0 Mississippi Street N.E. Chairman Fitzpatrick read the Public Hearing notice, for the rezoning request, ZOA #74-05, by RAO Manufacturing Eompany. Mr. Robert A. Olson, Sr., Chairman of the Board, Mr. Rober� A. Olson, Jr.,, ' President, and Richard A. O1son, Jr., Vice President, all of RAO Manufacturing Company were present. ' I� � , � � ' I , � Cl Mr. Richard Olson said that RAO Manufacturing Company was a corporation engaged mainly in the manufacture of she.�t metal stampings, deep drawings, stamp and assemblies, along with tool and die making, engineering and related items io this process. In 1970 we purchased approximately 5 acres at 200 Mississippi Street N.E. We went ahead with preliminary soil samples, etc., and also approached the Fridley City Council for land use approval, which �vas granted. At that time �ae mentioned that approximately half this property was zoned con�mercial and that it would have to be rezoned industrial for � our use. The Counci1 had no objection to this rezoning. He said they had been trying to demolish the old buildings on this land and they have run into some problems with this, but we hope to have it cornpleted very shortly. We are planning to start construc- �tion on this property this spring ►vith completion within six months. We also have a purchase agreement of a pie shaped wedge of approximately 68 feet that was west of their property, along the railroad right-of-way. He said this was part of Block 7, Lowell Addition to Fridley Park and was about 3J4 of an acre that is zoned M-l. He said they were proposing to construct a building of about 50,000 square feet which is 200 feet by 240 feet by 20 feet high. It would be built basically in the center of the property, 220 feet from the Easterly boundary af the praperty. The reason for building at this location was because of the underpass project on Mississippi Street, which will limit our access to the building to the Easterly portion of the property. Any future expansion of this building would be to the West. He presented a colored rendering of the proposed metal building which he said would have earthy colors. Mr. Roardman said they did'have an option on the location of the building. T:f for some reason, the rezoning was denied, they could locate the building on property �. • _ . 9 B Planning Commission Meeting January 22, 1975 Paqe 3 ' that was already zoned M-1 and use the C-2S zoned it would be better to have the property all under and t�ecause it would also be easier to administer. � ' ' � C � ' ' , ' , � ' ' �' J � property for parking. He said one zoning, for resale purposes Mr. Robert A. Olson, Jr., said the only way they would want to use this property was if it all had the same zoning. 7he property wouldn't have the same potential otherarise. He said the proposed 50,000 square foot building could be expanded to 100,0U0 square feet if this property Hras all M-1. If they could only build on the property that was presently �oned M-1, they cou1d only expand their building to 75,000 square feet. He said the main reason for moving their business from Minneapolis to this location was so that they would have room for expansion. Mr. Harris asked Mr. Boardman that if this property was expanded to its maximum, would there be enough room for parking? Mr. Richard Olson answered Mr. Harris. He said their present plan called for 57 stalls. Under the City Code we would need 52 stalls, and if this 50,000 square foot building was used to the maximum, we would �;°�ed 63 stalls. On this same .irawing, we have provision for up to 100 stalls. If we went to the maximum of 100,000 square feet, we would need 165 stalls. This would all be on the Easterly portion of the lot. We do have room on the West for additional parking. He said they knew they had to provide additional parking as they expanded the building, so their expansion would be somevrhat determined by this factor. Ne said he couldn't foresee expanding this property to its maximum in his lifetime, and who knew what mass transit there could be ai that time, which could change parking requirements. Mr. Harris asked what the setback requirements would be from adjoining properties? Mr. Boardman said the property to the West was industrial (M-1) and the buildingrnet the requirement there. South of the property was zoned R-3, and it meets the setback requirement for that zoning. East of the property the zoning was C-2S, and it met the se'tback requirements. He said there was some R-1 property across from part of the front of the building, so the entire setback for the front of the building should be 100 feet. RAO Manufacturing Compa►�y will be going to the 6oard of Appeals for a front yard variance from 100 feet to 70 feet. Mr. Boardman said it was felt that Mississippi Street was a naturaT barrier between this property and the R-1 and would act as a buffer. If the variance was granted, we felt it was better to have this variance on the front setback rather than the rear yard so the building wouldn't infringe on the R-3 zoning. Mr. Boardman continued that RAO would be using berming and landscaping across from the R-1 z4ning which would be an additional buffer. Mr. Robert A. Olson, Sr. said he felt this was a very unique piece of'land. In view of the fact that Mississippi Street was going into an underpass situation, the only access to all this property was on the Eastern end. It was a good thing for the City to have this property under one ownership because of this one access. He said there wasn't even access to service the sanitary sewer line on this property from the street. He said RAO would provide access for tf1Ys purpose. He said that no way would RAO want' go ahead with the development of this property, with all the money it would cost for its development, and take a chance on getting.it all the same zoning at a future date. He said that at the tirre they acquired this property, there weren't any plans to upgrade Mississippi Street. . Mr. Drigans asked how the access to this property was laid out in relationship to the underpass? Mr. Boardman said he thought there was about a four foot drop over the entire parking lot, and about a 2 foot drop from the parking lot to the street. The grade starts to drop on Mississippi Street in the vacinity of 2nd Street. Mr. Clark said there would be about a 1% g.rade from the street into the parking lot of RAO. He ' r � ' �� � �J , � �� ' . Pae4 9C Planning Cornmission Meeting - January 22, 1975 - q said the'grade on mississippi S�reet would be�about 5%. Mr. Langenfeld said that he had noticed in the Council minutes of January 18, 1971 that Mr. Olson, Sr. had said that they wanted to be goad neighbors, that they would save all the trees they could in the deveiopment of this property, and that truck traffic would be kept toward the railroad right-of-way, and that they did not intend their building to be an eyesore. Mr. Dick Olson said they had gone with the earthy colors for this building because that seems to be the most popular concept at this time. Mr. Langenfeld asked if they had a night shift. Mr. Dick Olson said they did. They were in operation from 6 A.M. to 11 P.P�I. He said they have worked on the noise levels for both their employees and noise coming from the building itself. He said it was a quiet operation, and the design of the new building would have the production end of the business in the cen�:er of the building. He said he didn't �think noise would ever be a problem and they had to meet the OSHA standards. Mr. Rober� Olson, Sr. said he would answer the question on the i;ruck traffic. He said it had been their intention of having the truc4:s use an access near the railroad right-of-way, but due to the underpass, this was now impossible. Mr. Harris asked if at any future date they were planning on a railroad spur. Mr. Dick Olson said they had no desire for one at this time, and doubted if they would ever need one. MOTION by B1air, seconded by Harris, that the Planning Commission close the Pub.iic Hearing on the rezoning request, ZOA #74-05, by RAO Manufacturing Company. Upon a voice vote, a11 voting a�e, the motion carried unanimously. � Mr. Drigans questioned if this type of manufacturing wa,s allowed in M-1 Zoning, which was the zoning the petitioner was requesting. He said the Code says that foundaries or metal fabrication plants are an excluded use in an M-1 district. . . �, Mr. Harris said he thought this was a problem of technology again. F{e said that � what the intention of the Code meant to exlude was forged steel r�etal fabrication, but just plain metal fabrication was sornething much different, such as just making metal ' frames for windows, for instance. Mr. Dick Olson said that because of the quietness of� their operation, he thought they would conform to the requirements of M-1 zoning. Mr. Clark said they did appear before the City Council in 1971 and got land use approvai , �for this business, and were only told to get their entire property under the same zoning, which was P1-l. ' Chairman Fitzpatrick said that if there was a serious question on whether this was a permitted use in M-1 zoning, this should probably be continued until we get clarification. , Mr. Drigans said on one hand we have an operation with a low noise level and they are in light metal fabrication, and on the other harid the Code says that metal fabrication plants are an excluded use in P1-1 zoning, which probably means pounding and forging out , of heavy metal products. He said he would like an interpretation of the language of the Code. � Mr. Robert A. Olson, Sr. said that four years ago when they appeared befare the Council, We were assured that we did comply with the regulations of M-1 zoning. He said ' 's Pae5 Planninc� Commission Meetinc� - January 22, 1975 - �'� ��� , r � � � � � ' 1 � i r , , � �I � • � Nasim Qureshi, who was City Engineer at the time, and the members of the City Council did visit our plant, and they were satisfied at that time that this would be the proper zoning. Whether the present Council would agree with that would be something else. Mr. Harris asked Mr. Clark to get an opinion from the City Attorney on this question, and get the answer in writing. Mr. Clark said that he a�ould. MOTION by Drigans, seconded by Harris, that the Planning Commission continue until February 5, 1975, the consideration of a rezoninc}'equest, ZOA #74-05, by R�10 Mantafac�uring Company, to rezone from C-ZS (general shoppinq areas) to M-1 (light industrial areas) Lots 3-15, Lots 27-32, and part of Lots 2 and 16, a11 in B1ock 9, along with vacated alleys in B.Zock 9, and the East half of vacated Main Street lying adjacent to 731ocJc 9, a11 being in Lowe11 Tiddition toFridley Park, the same being 200 Mississippi SLreet Northeast, to pr.ovide the administration time to research the � interpretation of the .Zanguage of the Code. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. Mr. Robert A. Olson, Sr. said he thought it was in the best interest of RAO Manufac�;uring Company to have this clarified also. Mr. Clark said they could still go to the Soard of Appeals and Building Standards- Design Control meetings as scheduled. They could make their recommendations subject to the rezoning being approved. ' r 3. PUQLIC HEARING: CONSIDERATION OF A PROPOSED PLAT,:`P.S. #75-01, CENTRAL VIEL+1 MANOR 2ND ADDITIGN W. GUSTAVE DOTY : Being a replat of Parcel 4780, Section 12, City of Fridley, County of Anoka, Minnesota, generally located between Central Avenue and Highway #65 N.E., North of 73 1/2 Avenue N.E. 4.'� PUQLIC HEARING: CONSI_DERATION OF A REZONING REQUEST, Z4A #75-01, CENTRAL AUTO PAR7S: To rezone fror� C-2S (general shopping areas to M-1 light industrial areas all that part of Parcel 4780, Section 12, City of Fridley, that lies between the Northerly extensians of the East and West lines of Lot 10, Block l, Central View Manor, generally located just North of 1201 73 1/2 Avenue N.E. r 5. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-01, CENTRAL AUTO PARTS: Per Fridley City Code, Section 205.131, (A,8) to allow junk yards or baling of junk or rags in a building enclosed on all sides or when completely enclosed with a solid fence, to be located on that part of 4780, Section 12, City of Fridley, that lies bet�deen the Northerly extension of the West line of Lot 10 and the East lin� of Lot 16, Block l, Cen�ral View Manor, to allow expansion of the boundaries,of Central Auto Parts, 1201 73 1/2 Avenue N.E. 4< � Mr, Gus Doty o.f Realco, Inc., and Mr. John Buzick of Central Auto Parts were present. � � Mr. Clark,said these three requests.should be considered together, because if the rezoning and special use permit aren'� approved, there would be no reason to plat this pr,operty. � . � Chairman Fitzpatrick read the Public Hearing notices on the proposed plat, . P,S, #75=01, Central View M�nor 2nd llddition, by ReaYco, Inc., the rezoning request, Z01� #75-01, to rezone from C-2S to M-1, and the request for a Special Use Permit, SP #75-01, by Central Auto Parts, all pertaining �o all or part of Section 4780, Section 12, City of Fridley, whichlies between Central Avenue 1nd Elighway #65 N.E., North of � , � � � � � � � , � � L.J , � Planning Cammission Meetinc� - February 19, 1975 � Page 2 9� CEIVE QOARD OF APPEl1LS SUBCOMMITTEE MINUTES:_ JANUARY 28, 1975 MOTION by Drigans, seconded by B1air, that the PZanning Commission receive the minutes of the I3oard of Appeals Subcommittee meeting of January 28, 1975. Upon a voice vote, a11 voting aye, the mot.ion carried unanimously. 1. CONTINUED: PUaLIC HEARING: REQUEST FOR {1 SPECIAL USE PERMIT, SP #74-17, QY GEORGF t�lAL UQ IST: To permit the construct�ion of a building for rust proofing of auton�obiles, etc., per Fridley City Cocle, Section 205.131, (A,10), in an M-1 zone (ligi�t industrial areas) to be located on Lot 5, of proposed plat, P.S. 4f74-08, He`wal Rice Creek Estates, the same being 1271 Rice Creek Road N. E. ,,; Publ i c Heari ng open�:'>�ti Mr. Clark said the petitioner has not responded as yet. 7he person who will operate this business is from out of state. He said this had been on the Planning Commission agenda for at least.60 d���s, so he would write to the petitioner and tell him to respond so that actlon can bE taken on this request, one way or the other. Mr. Drigans said the Planning Commission had requested specific informa- tion about this opera�;ion and felt that when they received this information they would still have to deliberate on this information before:a decision could be made. He said their original motion had been to continue this request indefinitely. Mr. Clark said that enough time has passed so that action should be taken. � �. �MOZ'ION by Blair, seconded h� Lindblad, that the Public Hearing for ihe � request�for a Special Use Permit, SP #74-17, by George Walquist be continued until March�S., 1975 only to a11ow the administration time to contact the petitioner. Upon a voice vote, a11 voting aye, the motion carrif=d unanimously. � � 2. CONTINUED: PUBLIC HEARING: CONSIDERATION -0F A REZONING REQUEST, ZOA #74-05,' BY RAO ��iANUFACTURIRG C0��9PANY: To rezone from C-2S, general shopping areas to M-1, (light industrial areas), Lots 3- 15, Lots 27 - 32, and parts of Lots 2 and 16, all in Qlock 9; vacated alleys in Block 9, and the East Half of vacated Main Street lying adjacent to Block 9, all being in Lowell Addition to Fridley Park, the same being 200 Mississippi Street N.E. �, Public Hearing closed. Mr. Robert A. Olson, and Mr. Richard A. 01son of RAO Manufacturing Company vaere present. Vice Chairman Harris said that although the Public Hearing was closed, if the petitioners i�ad any questions or comments they could do so. Mr. Clark said this request was continued until we could get a response f rom our City Attorney on whether this was an allo�ved use in M-1 zoning. Mr. Clark said he did write to the City Attorney and this letter was on page 35 in the agenda and the response from the City Attorney was on page 36 and 37. He said this response does go into some detail on the Code, but the basic response was that this would be a permitted use in a M-1 district. MOTION by Drigans, seconded b� BZair, that the Planninc' � the letter from RI10 Manufacturing Company dated January 10, Darrel C1ark to Virgil Nerrick, City Attorney dated Januar� from the City Attorney dated January 30, 1975. Upon a voice i Commission receive 1975, the memo fxom 23, 1975, and the memo vote, a11 voting aye, Planninq Commission Meeting - February 19, 1975 Page 3_ 9 F .� the moL-ion carried unanimously. . • , Mr. Drigans s�id he felt that the question on whether this business was an allo�•�ed use in M-1 zoning has been answered to his satisfaction by the City ' Attorney. He said he didn't know if the Planning Comrnission had discussed any other s�ipulations. Mr. Clark said the stipulations had been pretty well covered by the Quilding � Standards-Design Control and Qoard of Appeals Subcommittees. He 5aid both i:hese subcommittees had recommended approval subjeci: to the rezoning being approved. � Mr. Clark said the only stipulation that shouid be made was that this business meet the noise transmission section of the City Code and the P.C_A, standards. He said he was sur.e the petitioner t�Jas aware of these standards. � � 1 � � L_ J � ' ,� � � �� , 1�90TION by Driyans, seconded by Lindblad, that the Planning Commission recommend to Council approval of the rezoning request, ZOA #74-05, by RAO Manufactvring Company, to rezone from �-2S (aeneral shopping areas) to M-1 (].ight industzial areas), Lots 3 through 15, Lots 27 through 32, parts of Lots 2 and 16, a11 in Block 9; i-acated alleys in B1ock 9; and the East HaZf of vacated 1�1ain Street .Zying adjacent to B1ock 9, all being in Lowe.tl Additiol� to Fridley Park, the same being 200 rlississippi Street N.E. wiih the stipulation that RAO Manuafacturzng Company meet a11 the noise tran5-_' mission requirements of the Fridley City Code and the I�1,P.C.A. standards, Upon a ro11 ca11 vote, Lindblad, Blair, Drigans, Harris a11 voting aye, no nays, the motion carried unanimously. Mr. Clark told the petitioner he would send them a copy of the City Attorney's memo. 3. REQUEST FOR A L07 SPLIT, L.S. #75-01, DEAN HARNON: Split off the Easterly 8 feet of the North 1/3 of Lot 4, except the East 85 feet, except the West 25 feet, and except the North 30 feet for public utilities and street, Auditor's Subdivision No. 108, (Parcel 440) arid add it to the East 85 feet of the North 1/3 of Lot 4, ,4uditor's Subdivision No. 108, (Parcel 450), the same being 1600 and 1618 Onondaga Street N.E. Mr. & Mrs. Dean Narmon, 1618 Onondaga Street N.E. and Mr. & Mrs. Charles Brisbin, who'are purchasing 1618 Onondaga Street N.E., were present. Mr. Clark said that Mr. Harmon owns both parcels. When the attached garage was built at 1618 Onondaga Street an error �vas made and this garage infringes on the next parcel by 3 feet. This parcel is II5 feet and with the additional 8 feet the lot will be 93 feet wide. Then the garage will meet the sideyard requirernent of 5 foot. The remaining parcel will be �0 feet wide and this will meet the front yard and area requirements of the code. This lot split was an obvious thing that should be done, to place the garage on the proper lot. The administration would like one stipulation and that was-to obtain a fifteen foot triangle on the Northwest corner of parcel 440 (1600 Onondaga.Street N.E.) for future radius on a street that will probably go;,in sometime on the Western boundary. . Mr. Harri� aid that request had ot been before the Plats & Subdivisions- Streets & Utilities Subconm�ittee. Mr. Clark said that at the time this request was made, the petitioner had a loan closin�g—that would have prohibited the�e�being time to schedule this meeting. 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" � w - rv � .:1;;;,, i !�f/ .� � � �,\\LPc1v1`A�lYll A.. �:.C( �1�,1J� _ . . •!' .��, � � � J� /y�y �1 � 11 -rI.ir � �%/.���',,f�/ a � - - rj/�/ ' � V -'/// ] �ee � ue .�� }.` w"�'/ � �~ • }j{ t�. _ . � � ( `� � � ;7W � �'� '� J.� i ' �� - ,�: ���� , , � �;� � ' � \ �`\� R ��?�,l''1r/�,/'�� �_� � �"� L.aC;� .,•: � \ �. � . �������\\\�\�� �.. . —.�.�a� �►� �� �i►.t.� :rtaf.l��� ��■■..--- ORDINANCE N0. AN ORDINANCE TO �MEND SHE C1TY CODE OF lHE CITY OF FRIULEY, MINNESOTA 6Y MAKING A CHANGE IN LONING DISTRICTS The Council of the Gity of Fridley do ordain as follows: SECTIUN 1. Appendix D�of the City Code of Fridley is amended as hereinafter indicated. SECTIUN 2. The tract or area within the County of Anoka and the � City of Fridley and described as: A11 that part of the following described parcel that lies between the Northerly extensions of the East and West lines of Lot 10, �lock 1, Central View Manor, commencing at a�oint on the Easterly line of the North- west Quarter of Section 12, which point is 726 feet South from the Northeast corner of the Southest Quarter or the Northwest Quarter, thence running bdesterly 1338.6 feet to a point on the West -line of said Southeast Quarter of the Northwest Quarter of said Section 12, which point is distant 726 feet South from the Northwest corner of said Southeast Quarter of the Northwest Quarter of said Section 12; then running South along said West line a distance of 140 feet; thence running Easterly to a point, wnich point is 140 feet South from the beginning, thence running North along said East line of said Northwest Quarter of said Section 12 to the point of beginning, all lying in 5ection 12, T-30, R-24, City of Fridley, County of Nnoka, Minnesota. The same being the Westerly 60 feet of Lot 2 of proposed plat, Central View Manon Second Addition Is hereby designated to be in the Zoned District M-1 (1ight industrial areas). SECTION 3. That the Zoning Ndministrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-2S (general shopping areas) to M-1 (light industrial areas)�. PASSED �Y THE CITY COUNCIL OF THE CITY OF FRIDLEY TH1S DAY OF ATTEST: C1SY CLERK - Marvin C. Brunsell Public Hearing:. First Reading: Second Reading: Publish.. .... 1y75. MAYOR - WILLIAM J. NEE 0 10 u � , � ' , � ' , ' ' r , , ' � � � � � C�lannin� Commission Meetinc� - January 22, 1975 __ Pag� 5— lQ A Nasim Qureshi, who was City Engineer at the time, ��nd the members of the City Council did visit our plant, and they were satisfied at that time that this wouid be the proper zoning. Whether the present Council would agree with that would be something else. � Mr. Narris asked Mr. Clark to get an opinion from the City Attorney on this question, and gGt the answer in writing. Mr. Clark said that he would. MOTION by Dr.igans, seconded by Harris, that the Planning Commission continue until February 5, 1975, the consideration of a rezoninc}'equest, ZOA #�74-05, by RAO Manufacturing Con�pany, to rezone from C-ZS (genera.l shopping areas) to M-1 (.Zight industrial areas) Lots 3-I5, Lots 27-32, and part of Lots 2 and 16, a11 in Block 9, alorlg with vacated alleys in Block 9, and the East half of vacated Main Street lying adjacent to Bloc�c 9, all being in Lowe11 I�ddition torridleyPark, the same being 200 Mississippi Street NortheasL, to provide the administration time to research the intcrpretation of the Ianguage of th� Code. Upon a voice vote, a1.Z voting aye, the motion carried unanimously. Mr. Robert A. Olson, Sr. said he thought it was in the best interest of RAO Manufacturing Company to have this clarified also. Mr. Clark said they could still go to the Board of Appeals and Buildi�ng Standards- Design Control meetings as scheduled. They could make their recommendations subject to the rezoning being approved. ' �,,,�.�°�.°.�`�----�.",�; 3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PLA1", P.S. #75-01,'CENTRAL VIEW MANOR 2ND ADDITION t�1. GUST{�VE DOTY : Being a repla.t..of Parce1.4780, Section 12, City of Fridley, Coun�y of Anoka, Minnesota, generally`"�1`ocated betvaeen Centrai Avenue and Highway #b5 N.E., North of 73 1/2 Avenue-N:E._,_ �-, %'" , 4. � PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST,�ZOA �75-01, CENTRAL AUTO PARTS: To rezone from C-2S general shopping areas ta_h1-.1 (light industrial areas all that part of Parcel 4780, Section 12, City of Fridley, that lies between the Northerly extensions of the East and West lines of Lot 10, Block l, Central View Manor, generally located just North of 1201 73 1/2 Avenue N.E. 5. PUQLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-01, CENTRAL AUTO PARTS: � Per Fridley City Code, Section 205.131, (A,8 to allow junk yards or baling of junk or rags in a building enclosed on all sides or when completely enclosed with a solid fence, to be iocated on that part of 4780, Section 12, City of • Fridley, that lies betti��een the Northerly ex�:ension of the West line of Lot 10 and the East lin� of Lot 16, alock l, Central View Manor, to allow expansion of the boundaries of Central Auto Parts, 1201 73 1/2 Avenue N.E. � Mr, Gus Doty of Realco, Tnc., and Mr. John f3uzick of Central Auto Parts were present. ' Mr. Clark said these three requests should be considered togetfier, because if the rezoning and speciaT use pennit aren't approved, there would be no reason to plat this property. , Chairman Fitzpatrick read the Public Hearing notices on the proposed plat, P,S, #75-01, Central View Manor 2nd Addition, by Real'co, Inc., the rezoning reques'�, ZOA #75-01, ta rezone froi� C=2S to M-1, and the request for a Special Use Permit, SP #75-01, by Central Auto Parts. all pertaining to all or part of Section 4780, Section 12, City of Fridley, whichlies between Central Avenue_�nd Nighway 1165 N.E., North of i , C� �1 � ' , ' ' ' r r , r ' �J , ' � Planning Gommission Meetinq - January 22, 1475 Page 6 73 1/2 Avenue N.E. 10B Mr, Clark said the l�nd that was being platted was split in half a couple of years ago, at the zoning line by the now ciefiunct American Auto LTStings. The East portion of the property was occupied by Gustafson Grinding, and the balance of the property was vacant. Parcel 47�0 was on�ly 140 feet deep and 1,33�3 feet lonq. Mr. Doty wanted to have another lot split on.i:his.proUerty���hich would have divided this parcel into three parts, but as you can tell from the Public Hearing notices, there would have been lengthy legal descriptions. He said he advised the petitioner to plat the property instead. This request was before the Plats & Subdivisions-Streets & Utilities Subcommittee on January 15th and they recommended approval with three sti�iulations which vrere (1) Provide a 15 foot drainage and utility easement along the Northerly portion of Lot 2, and on the fdorth-Sou�:h line between Lots 2 and 3, and along the South portion of Lot 3, (2) This approval subject �;o the rezoning request, ZOA #75-01, and a request for a Special Ose Permit, SP m75-01, by Central Auto Parts, being approved, and (3) A private covenant be put on Lot 2 so tfiat this said Lot.2, Central V�iew Manor 2nd Addition, could only be sold to adjacent property owners who already have street access. Mr. Clark said this last stipulation ���as to prev�nt Lot 2 being sold as an isulated lot that didn't have street access. The petitioner was agreeable to these stipulations. Mr. Clark continued, saying that Central Auto Parts, the tentative purchaser of Lot 2 of the proposed plat, has requested that the Westerly b0 feet of this lot be rezoned the same as the balance of Lot 2, which was"M-1, and that a Special.Use Permit be granied for all of the new Lot 2, so they can expand their salvage yard, He said that the City has had some problems with Central Auto Parts, most of them due to the fact that they didn�'t have enough space for their operation. 7heir business has grown faster than they anticipated, so the addition of Lot 2, should solve most of their problems. They would have to discontinue parking damaged and partially dis- mantled cars in their parking lot, which�vas supposed to be for customer parking, and using property across the street, which they don't o�Am, for parking. Their business would have to be confined to their own property, with a screening fence. Mr. Clark said the staff had prepared a list of stipulations for the Planning Commission to consider in making their reconunendation on the Special Use Permit. The first one was that there must definitely be a screening fence. The second was, that especially along the portiont;hat abuts the trailer park, there should be at least a 10 foot pYant�ing stri p, 1 i ke an evergreen hedge.> outsi de and adjacent to otlier zoned praperty, to be completed by July 1, 1975. The third stipulation was that all storage, unloading and loading of inoperative vehicles be�confined within the screening fence. (4) That parking of trucks, loaded or empty, be restricted to the area inside the fenced lot, (5) That all dismantling or parts salvage be done inside the existing building, (6) �lo vehicle parking be allowed in the street or on any other land that is not authorized by the City Council or the City. The last stipulation, number 7, was that this pe rn�it be for a period Of tllll�, to expire on July 31, 1976, and not be renewed unless all of the above stipulations were complied wfth. Mr. Clark said the reason the staff felt this should have a yearly review was because this hasn't worked out the way we thought S��hen the original Special Use Permit was granted. There are three ways the petitioner can go with this operation. Either reduce his operation or move out, or acquire more land for this operation. Mr. Clark said that Central Auto Parts owned Lots 10-15, alock 1, in Central View Manor. Mr. Fitzpatrick said that was ti�hy they were requesting the rezoning of the Westerly 60 feet of Lot 2 then, so it woiild be the same zoning. Mr. Clark said that l.ot 2 was in line with Lots 10-16, but Lot 16 belongs to another salvage yard. Mr. Clark said there were a couple of other comments he would like to make. ' . Planni , ' ' � , ' � ' ' ' � � , , , ' �I � r�mn,;c�i�n Meeting - January 22, 1975 ' 10C Page 7 _ . Ne said the stipulation by the Building Standafd��-Q��ood �ence�l Thecfencettheynhave original request for a Special Use Permit was is not a wooden one. Ittivas an II foot high �v�de�ack sonthereiwould begmorenroom fo�pert line, and �le would like to see this fence m some plantinqs. Mr. Harris said it didn't look as if there Wbutmwehwerentt usedyton this area. I�ir. Clark said there was a 60 foot right-of-wap, seeing an eight foot structure right on the propfencelone�henpronerty East of�Centra�ok so close. f�1r. Fitzpatrick asked if there was a Auto Parts? Mr. Clark said there was. Mr.tDraga�n�ha�kthe�ir�fencedwastright in8theMr. Doty said this belonged to Fr�dley Auto Par property line also. Mr. Clark said opertaion of Central He said Frid1ey Auto Fitzr•:trick said he thought tl�ey should consider the preliminary plat L t 2 in this plat did not have street access. he vrould have to say that therP has been an improvement in the Au�o Parts in the last year and a half under the new ownership. Body has cleaned up its operat�ion also. Chairman ,I y .� i first, and be aware that o �. h1r. Harris said the reason for the Sfupuretdateth`to hfave�thisalotichange�ownert 5 on Lot 2 was because �Ale didn't want, at a � ship to someone 4J{10 didn't already have street aofewa bforuthishpropertyould be placed in a position of having to condemn street-r�ght Y � Mr. Drigans asked why t�e proPDoty said�the�rebwerenlegalAcomplicationslbecause be included in the replati;ing. Mr. y . of mort ages, etc., which would make this extremely difficufor this l�otYwas�l�egaldo�n�t 9 know if the type of private covenant they ��rere st�pulat�ng not but it would have a limit of 22 years. He said he wase�that ittwould�beuconsidered this Lot 2 was a part of Central Auto Parts, he couldn t se oWned as a separate property again• feitWOUNidn'Dot�y saiditheeonlynreasonitheyewerepplatting by Central Aui,o Parts went for this property was to facilitate the sale of Lot 2 to Central Auto Parts. Mr. Clark said that if the City was put in a position where it would have to go through condemnation proceedings to give street access to Lot 2, tiiis would all be assessed back to Lot 2. Mr. Doty said he was sure that Centril� A�ooi�eraspWOVaiebeasementbover�theln9 Lot 2 to their property and maybe they cou p there would be street East half of Lot 15, so that if this lot did go tax forfeit, access. h1r. John Buzick, Central Aand histattorn��-.yheas�heddidnwtnknow whaterepercussions, until he had talked to his partner there could be from this. Mr. Clark said that as long as Ceitral becauserit wouldn�tn� ' Lot 2, there would be no problem even if this easement was g ven, be used for an access to Lot 2• Th�is�'10aid this wouldsbeUalprivateedrivewayteasecnent. had to sell this property. Mr. Harr Mr. Quzick said he had no objection to most of th�hetfPonttofnthe�proper�tYby Mr. Clark, but when it came to moving the fence �n on he said there was so much sand 1;hat he couldn'tl��e andtthege�would�havertoebeesomeeeds. Mr. Qoardman said there was sand all over the C,y, topsoil put in under the sod. lie said nothing grows if its just put on top of the sand. r ' �' li � .J ' i� IJ �� ' � Planning Commission Meetinq - January 22, 1975 page $ 10 D Mr. Buzick said that if they had to move the fence in, they would be losing area again, and he thoughi; they needed all the area they could get. He said the reason they didn't put in �he wood fence was because it was against State regulations to have a v�ooden fence for this type of operation. . � Mr. Doty said that as long as the fence for Fridley Auto was on the property line also, he thought it was a littTe premature to expect Central Aui;o Par�s to move their fence at this time. He felt that as long as this Special Use Permit was going to be subject to yearly review, this cou1d be taken care of at a later tir�e, h1r. Harris said they could G�Jait for the natural screer:ing beiween the C-2S zoning and the M-1 zoning until the C-2S property was developed. He said the screening fence should be brought in from the pro�erty line in this area also so the plantings could be put in at a later time, wi�:hout moving the fence. He said the natur��l screening (plantings) should be started along the R-4 zoning during this years growing season. MOTION by Narris, seconded by Blair, that the Planning Commission close the Public Hearing on the proposed p1.at, P.5. #75-01, Central View Manar 2nd Addition, by W. Gustave Doty Upon a voice vote, a11 voting aye, the motion carried un.�:�imously. MOTION hy Drigans, seconded by Harris, thai ihe Planning Commision recommend to Council approvaZ of the proposed p1at, P.S. #75-01, Central View Manor 2nd Addition, by W. Gustave Doty, being a replat of ParceZ 4780, Section 12, City of Fridley, County of Anoka, Minnesota, general]y �ocated between CentraZ Avenue and Highway #65 N.E., Plorth of 73 1/2 Avenue N.E., with the following stipulations: 1. Provide a 15 foot drainage and utility ' of Lot 2, and on the North-South lirle South portion of Lot 2. �asement along the Northerly portion between Lots 2 and 3, and along the ' 2. Approval af this plat is subjectto the rezoning request, ZOA #75-01, and the request for a Special Use Permit, SP #75-01, both requests by Central ' Auto Parts, being�appraved. � 3. Subject to a 30 foot private easement bei_ng granted from 73 1/Z Avenue N.E, to Lot 2, so this Iot wouZd have street access if ever needed. ' UPON a voice vote, a11 voting aye, the motion carr�.ed unanimously. MOTION by Drigans, seconded by B1air, tliat tlae Planninq Cormnission close the -� Public Ilearing on the rezoning request, ZOA #75-01, by Central Auto Parts. Upon a t�oice vote, a11 voting aye, the mot�on carried unanimously. ' ' � t10TION by Drigans, seconded by Blair, that the Planning Commission recommend to Council approval of the rezoning request, 7.DA #75-U1, by Central Auto Parts, to rezone from C-2S (general shoppi.ng areas) to M-1 (light industrial areas), a1Z that part of Parcel 4750,'Section 12, City of rridle�, that .Iies b�tween the Northerly extension of the East and West Zines of Lot .i0, Block 1, Central View Manor, generally located just North of IZOI 73 1/2 Avenue N.E., subj�ct to the approval of a Special Use Permit,. SP �{75-01, for Central Auto Parts. Upon a voice vote, a11 votinq aye, the motion carried unanimovsly. MOTTON by Blair, seconded by ' Publ ic IJearing an the reqtrest fox' a Upon a voice vote, aIl voting aye, , 7larris, that the Planning Commission close the Special Use Permit, SP {175-01, by Central Auto Parts. the motion carried un�nimously. LJ � � Planninc� ('ommission Meetinq - January 22, 1975 Page 9 ' l0E Mr. Quzick said he wouldn't want to agree that no dismantling at all would be done outsid� the building. Sometimes someone needs a door or some other part for a rush job, and although they don't like to dismantle outside, in an emergency they do it. He said that he would agree that no major dismantling be done outside the building. The Planning Commission members agreed to this, on an emergency basis. Mr. Clark � said he �vould have no objection as long as this didn't cause noise pollution. He said they could monitor �;he operation, and check this stipulation at the time of renewal of this Specia1 Use Permit. Mr. Clark said he thought the review of this Special Use Permit should be during the groariny season, rather than a year from today. If they should recommend more fencing or plantings at that time, it would be easier to comply with at that time of the year. . MOTION by. Drigans, seconded by Blair, that the PZanning Commission recommend to Cot:ncil approval of the request for a Special Use Permit, SP #75-01, by Central Auto Parts, per Fridley City Code, Section 205.131 (�• 8), to a11ow junk yard.s or baling of junk or rags, in a building enclosed on a11 sides, or when completly enclosed with a solid fence, to 1�e located on the part af Parcel 4780, Section 12, City of Fridley, that1.�es between the Northerly extension of the West Iine of Lot 10 and the East line of Lot .Z6, Block l, Central View Manor, to a11ow expansion of the boundaries of Central Auto Parts, 1201 73 1/2 Avenue N.E., with the following stipulations: 1. Provide an 8 foot screening fence, 10 feet from the property Iine. 2. Provide a 10 foot planting str.ip outside this fence. The p.Zanting strip . - :On the North property line adjacent to the R-4zoning, to be pZanted in the 1975 growing season. The planting strip adjacent to the C-2S zoned property a.tong the West side of Lot 2, Central View Manor 2nd Addition, and aZong the West side of Lot 10, B1ock 1, Central View h9anor, to be determined at the time of the review of the Special Use Permit, dependent upon the deveZopment of the C-2S zoned property. 3. A1I storage, unloading and loading of inoperable vehicles be confined inside the screening fence�. . Q. Parking of trucks, �oaded or empty, be restricted to the area inside the fenced Iot. � ' 5. AI1 major dismantling be done inside the existing building. ' ' 6. No vehicle parking in the street or on any other unauthorized area be allowed. 7. This Special Use Permit wi1l expire and be up for renewal on July 31, 1976 and wi11. not be renewed unless a11 of the above stipulations have been;:satisfied UPON a voice vote, a11 votinq aye, the mbtion carried unanimously. u � 6. DISCUSSION: Mr. Clark said they would like to keep a light agenda for the Planning Commission ' meeting of February 5, 1975 so this could be used as a workshop meeting. Ne said that Jerry Qoardman w�s scheduled for another meeting an that date, and would not be at�ending tt�is meeting. , r .�.��. . .� ; `, ,,., � „ i � 1 ( � � ' � �� ; � � I.lil , r..�.'N11,U�• .,'lii�� .- . T� . - . - _ ('ITY f;a���,�. ..; .: .�.. ;--- . � �� �� � "� �: Y �, ,,.,,7011 �175-01 CENTRIIL A11T0 PIIRT_ S ].� F 7�91.,,. ; . (i�•��► . � -- -- — 1 /��,��►-j���ON�. i'12��T—� �5(yeneral sV�opping are i "'�' d ,`"to M-1 (light industrial areas �r�aL ,,,..., _., i '"'�"�°"����� ''°° """ portion of Parcel 47f30 that 1 ies bct���cen ,_ � f1• ......�. �... . 1 '� "" the Noti°therly ex�ensions of i.he C'r�st ��nri �.�,_��.• ���,, . �,.,,�� �-Jest 1 ines of Lot 10, al ock I; Centr�al ,�;�. s Vi ew Manor ' ��� (N ... . . .. 1 � � � Y ��LS pLC I�ELO '^.� I.n.u...a[L�.�.�!.liiN....I . � • �: � __.---_____._____._w.__ °�.. • •,•,, ..�, . 7� Tii' ""� nvF.r�u� • . , , ui cv°, a n�o) �/'J/a<Ai�a �58 S �,,,.v �� -- -;--� n.� a. � ,:�, . ,. ;�� .v 1.t. t! t �m.� .ii !.! /C. �' +._' �t ) Nr.aRidr�,iro :_j�,, -`�;_:-- i� :./SN3': .,���.il:,, y{I.:� j� Q r°�- � . , [. � � . 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DD: _ f ��•� �� . � . . , . � ELEMF.NTARY , . � " 'r' �I -: �. k', ' � ,t - — 'y�, o ;g. �. . + ' , , o + ` ' Q � �� , � i . .'Z 1' _'. A�c+iTj' /' sci+ooi c oisr Twi ' - ' - �� ; �_ _ i_ r M S1M(!T �� � � t` ♦ L�R LT � 1 _ i � , . '� S . 1 I .i�•i _ µ � , . . . , . . . . , n • ' ' , I ' � , ., '� N G - �� •- , { .. :,: • E � . , � �... � �— — � n�v:}_ — ��' • • .. . 0; W -. _,. , , � , , , � ��� . B �r _ _ ��. 1 . ,. N B '� � � I _ � � ' + b . ~ .� - ! ' ' — : '. rQ D � �i - _," p ., . 1. j, . d.� �` c� 3 , ... . ,, . -� "" _ . _ -u , . . � — „ , , . , . • . . � ..._ .__ � a . .. Y -�_.^ __ � ' ' ' ' �JI ' ' � � ' � ' ' � i ' , 'FIIT: MII�UT}:S Ol� TH� R011RD OP 11PPL•'11L5 SUf3COMMIT2'E� ML•'�TING OI' M11RCIi 11, 1975 The meeting was called L-o order by Chairman Drigans at 7:35 P.M. MEMBTs1.5 PRESENT: Drigans, Crowder, Gabel, P1eme1, Wahlberg M�P�I3ERS AIISENT: None OTH�RS PFtESENT: fioward Mattson, Engineering Aide MOTION by Plemel, seconded by Gabel, to approve the minutes of the February 25, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. � 1. A It�nUEST FOR VI�RIANCES O]? THE FRIDLEY CITY COD� AS FOLL04dS: SECTION 205.135, 1, El, TO ALLOW OI?I'-SPRLET PAI?KING IN 7 FPET OI' THP RE:nUIFZFD 20 FOOT FRONT YAFtD, I�IdD, � SECTION ?_05.135, l, I�'3, TO ALLOW Oi F-STRL'ET P�IRKING TO BE SET B71CK ?_'-i I'�ET I'ROM THE LOT LINE IP�STTIID OI' TFIE P.EQUIP.ED 5 F��T, AI1D, SECTIOPI ?_05.135, l, E3, TO ALLOW OFF-STI2EET P7IRKING TO BT STT BACK 7E1:0 L'EET FROM TIiE LOT LINI: INST�IID OP TiIE REQUIFZLD S FEE`i, Ai�1D, ST;CTION 205.135, 1F, 4A, TO ALLOW TIiL DRIVEWAY PAVLi�IENT `i0 BE WITIiIN ZEI:O FEET OF THE LOT LINE IPISTEE�D OF S�T BACK THE RF'nUIRED S FE:�T, AND, S�CTION 205, ].35, 1F, 4B, TO ALL06d. TIiL DRIVE6�IAY PAVI�MENT TO T3T ��ITHIN ZEhO FEET OI' THE h1AIN BiJILDING INSTEAD OF SET 13ACY THE :I��UIR�D 5 FEET, ALL TO ALLOL� THE REM011ELIP�G OI' A�1 EXISTII�G BUILDIt�IG LOCAT�D 0:1 LOTS 2 APZD 3, BLOCK 1, LAP�?Pi:RTS ADDITION, THE SAr1� SEIIQG 1040 OSBORNE ROAD N.E., FRIDLEY, MINNESOTA. (Fcf�OUEST BY V�TERI�NS OF FOREIGN WAI2S POST 363, 10�10 OSBORNE ROAD N.E. , FRIDLEY, I�1INi1ESOTA. } MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Dick Mochinski, of Mochinski General Contractors, was present to present the request. Mr. Mochinski explained the VeF.6V. has purchased the space in the shopping center that was vacated by the grocery store and some offices, to enable them i:o expand their operation. He said they presently have 6600 square feet of floor area and this expansion will increase their area to 12,730 square feet. He added that 9500 square feet of this will be used for public area. Mr. Mochinski said that the reason why they are before the Board is because of present on-site Code violations. The existing plot plan was shown to the Eoard. He explained the plan is to eliminate the parking next to the street (Osborne Road) and to install a buffer zone, and to also eliminate the parking along the west property line and to install a landscape buffer. He said most of the parking will be shifted to the back of the building with th� overflow from their property using the Standard Oil station �roperty and the Lampc�rt Lumber Company property. He added the V.F.4J. does have letters from Standard and Lampert Lumber agreeing to this parking arrangement. Mr. Mochinski added they are required to have 100 parking spaces and they will have 144 with the overflow. Fie added the remodeling will consist of a new front, plus signs, and a new entrance on the back, plus interior remodeling. Chairman Drigans asked what the present number of parking stalls was and Mr, I�fochinski answered that they have 73 spaces, but with the landscaping improvement, this number will be reduced to 58. Mr. Crowder noted that the parking spaces are being reduced on the V.F.t4, property with additional parking put on other property and Mrs. Wahlberg asked why they was being done. Mr. Mochinski explained that this is what the City Planner said he would like to see done. Mrs. Wahlberg questioned why t}Ze City feels its more important to have :landscaping tlian parking. Mr. Mati:son ex��lained that since the V.I'.W. can meet the parking requirements because of the agreements, while also improving their bac1� yard parking, the City felt the landscaping was quite an improvement. � , The Minutes of the Board of Appeals Subcommittee Meeting of March 11, 1975 ll A ' Chairman Drigans asked how this parking problem occurred. Mr. Mattson stated tiiis shoppit�g center started ou� as a small operation and tlie large number of parking spaces was not required. A member of the V.F.W. from the audience stated that this building was constructed in 1964 and the overflow parking has always used ' the Standard and Lampert properties. lie said the V.F.W. is used 100 percent on evenings and weekends and the lumber yard is closed on weekends. � Mr. Crowder asked if the V.F.W. will eventually take over the whole building. Mr. Mochinski said there are other businesses in the building with leases, but when these leases run out, the V.F.G1. will havn the opportunity to take over the ' space. r7r. Crowder noted the parking requirement is for the 12,730 square feet of floor area, and he wondered if more parking will be required when additional square footage is acquired. Mr. Dsochinski said additional parking would depend � on what the additional space would be used for as it could al1 be used for storage. Mr. Crowd�r asked if there was any basement under this property and he was informed there was none. � �� L� � � ' �� Mr. Plemel aske�? if there was any provision made for Lampert to blacktop there parking area as it is gravel, Mr. Mochinski said there was not, but added that they would stripe the Standard Oil parking in the back. Chairman Drigans asked how many parking spaces were on each of the properties. Mr. Mochinski said there would be 63 on Lampert Lumber, 23 on Standard Oil, and 58 on the V.F.W. progerty. Chairr�an Drigans asked who owned the property to the west of the V.F.W. Mr. Gordon Swenson, who was in the audience, stated he owned the property to the west. Mr. Swenson added he had no objections to the variances as he felt the V.F.W. needed all the parking they could get. Mr. Swenson stated the City made him install a 5 foot strip of grass along his property, but because of the driveway along this property line, it has been torn up by the people parking for the V.F.L•�. and he felt a barrier betwee�z the two properties should be installed. Mr. P�Iochinski said a concrete curb should be sufficient and Mr. Swenson added it would have to be i3 to 10 inches high. � Chairman Drigans asked if by installing the curbing, would drainage problems be ' created.. Mr. Mochinski said that in spending that much money to install the curbiT�g, they would install it so there would be no drainage problems. Mr. Plemel said the driveway going to the back is awful narrow for cars to be ' meeting on. He asked if the driveway could be. made a one-way or if the driveway could be blocked and have the traffic enter through the lumber yard property to get to the back entrance of the V.F.W. Mr. Mochinski stated to block the driveway ' would then block their back yard from access from their own property. He added they have no problem with the driveway now as there are bumper strips installed to slow the traffic down. ' � ' ' Mr. Crowder stated the variance for parking in the front yard is being done now but will be done less witli this landscaping and parking plan. He said this variance will im�rove the parking sii:uation. He added that on the variance for off-street parking in the back yard, the present parking is now up to the lot line, so the variance will actually be backing the parking off the line by 2'� feet. He said the variances for ttie driveway pavement tio be up to the lot line and up to the building are currently existing. . , � ' L.1 The Minu�es of the �oard of: Appeals Subcommitt�e Meeting of Mar.ch 11, 1975 1,�, B Mr. Mochinski said ttie major improvemcnt is in the front yard with installing the landscaping and eliminating some of the signs. Chairman Drigans asked if the Board could see copies of the letters from Lampert Lumber and Standard Oil on the parking agreement. Mr. Mochinski stated he had only the lst draft of the lettcrs which he showed to the Board. MOTION by Gabel, seconded by Crowder, to receive the parking agreement letters from Standard Oil and Lampert Lumber. Upon a voice vote, there being no nays, the motion carried. Mrs. Wahlberg asked if these agreements would be void if either of the other � properties were sold. Mr. Mochinski said the �greements are only with the present owners but if their land were to be put up for sale, which is not in the forseen future, the V.F.W. is on record with them to have a chance for buying a strip of ' land for parking space. He said if they couldn't buy the land, the V.F.W, would pr_obably have to lease the parking s�,�ace from the owners. He added that the V.F.W. would probably be in the best position to buy the land. L� �� �� ' � � r � � ' � , � ' Mrs. Wahlberg asked if the one agreement was from Standard Oil or- was it t.i�rough the leasee of ihe station. Mr. Mochinski said the agreement was from the leasee, Mr. Les Schaffran, but he lias the authority from Standard Oil to do this. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried, Mr. Plemel stated he has no objections to the variances as it is an improvement to the property, but he felt adequate protection should be given to the property owner to the west as far as installing a curbo Mr. Mochinski said an 8 inch curb with gutter would be installed and Mr. Swenson said he would agree with this. Mr. Crowder said he didn't know how this property got into this shape as far as parking, but he felt these variances would be improving the property towards Code compliance. He said he felt the City is getting more from this improvement than the V.F.6d. is. He added the current agreement will provide adequate parking. MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council approval of the variances, due to the fact that all of the variances are currently existing, and approval of these variances would be more or less clearing up paperwork. The stipulation was added that the west property line be buffered by at least an 8 inch curb. The Board also made tlie recommendation that the final signed drafts of the parking agreements be available for the Council meeting. Upon a voice vote, there being no nays, the motion carried. 2. A RE�3UEST I'OR VARIANCr5 OF THE I'P.IDLrY CITY CODE AS FOLLOWS: SECTION 205.135, 1, El, TO ALLOW OI'I'—STP.]sI,T PARKING [dITIiIN TiiL' REQUIR�D 20 FOOT FRONT Y71FZD, 71ND, SECTION ?.05.135, 1, L��, TO 11LL0�•7 Ot'F—STF�I;I;T P1lI�ICII�iG 4QITI�II�i `LERO I'EET OF TfIE M�1IN BUILDING INSTLI�D Ol' SET I311CK TIiI; P.LQUIP.I:ll 5 I'L•:LT, AND, SECTION 205„ 135, l, E2, TO 11LLOW Ol'I'—STRLI;T L?ARhING IN h10RL TIiAN 2/3 OF TIIL•' I�.9UI�D FZE11R Y11P.D (FP.OhI 4, 090 SQ. FT. TO 5, 546 S�. I'T. ) 11ND, SL•'CTIOPS 205. 135, 1F, 4A, TO ALT�OL� TI�E DRIVI:LJIIY P71VI:D9I;NT TO I3G I�ITfIIN `I.L1:0 1'EET Ol•' 11 LOT LINP: INSTr71D OP SI,T I3ACK TIi� • REQUII:I;D 5 FI.•:1:T, AT11),SI:CTION 205.134, 9f3, TO RI�DUCE `i'lIE SIDL Y71RD SET1371CK FROM THP. 1:E UII:I,D ?0 Pl•.1:`P Tn ZL:I:O P'I:L•'T, ANll, Sr;CTION 205.135, 1, L3, TO 11LLOW OI�I'— 5T}:2�L•'T PAP.KING TO 1i1.: WI`I'IlIN `L1:120 1'I:L`P OT' 11 LOT LINE INSTl:l1f) OI' S�T I3i1CK THE RL•' Uli:l'D 5 1'FI'T, I�ND, S1'C`i'ION 205 135, lI', 4I3, TO 11LI�L� TIIli D1:IVE��AY P11VEhii;NT � , � ' � The Minutes of the Board ot Appeals Subcommit�ee Meeting of March 11, 1975 � C TO F3r WI7'IiIN 7r120 FT�T OI' TIIE MAZN 13UIL,DII4G INSTP7ID Or S�T BT1CK TIiF R1;nUIR3;D 5 F3•:ET� 11LL TO 7�LL0(�d TEII: COtdSTP.UCTlON OI� I� 5PI:CUZ.IITIVL i3UILDING TO B� LOC11TIs'D ON LOTS 1 TiIROUGtf 5, I3I,OCK 2, ON11WI1Y 71nDII'ION, 7'IIr S71D9E BEING 7£3£30 ELM STr.I�ET N.3:. , FRIDLL•'Y, MII�]N1�'SOTA (Rf�9UL:ST 13Y F'ACO, INCORF'OFZ7ITLD, 5920 KIRI�WOOD L71Nt;, MINNLAPOI IS, MI[JNLSUT71 55442. ) MOTION by Wahlberg, seconded by Crowder, to open the public hearing. U�on a voice vote, there being no nays, the motion carried. Mr. Maynard Edson was present to present the request. The plot plan was shown to the }3oard, and the property was pointed out on the Onaway area plan, Mr. Edson �cplained this building is not any different than other buildings in the area and all of the variances have been asked for before. ' Chairman Dxigans stated in this instance, there are 5 lots without anything on them, but 7 variances are being asked for. He asked why the building wouldn't fit on the lots. D9r, Edson said the main reason was because it was a corner lot. � ' LJ ' ' , r fl ' ' �_J � ' Chairman Drigans said the first variance is f-r off-street parking in the required 20 foot front yard, and the plan shows that the parking will be within 8.25 feet of the lot line. Mr. P�!attson added that this variance should state on the side yard (79th Avenue) instead of the f'ront yard but the variance is the same. Mr. Edson explained there is a 10 foot boul.evard along 79th Avenue so the off-street parking would be 18 feet from the curb. Chairman Drigans said the second variance to al.low off-street parking next to the main building is located on the west and north sides of the building. He noted that the third variance, to allow off-str•eet par}:ing in more than 2/3 of the required rear yard has never been asked for� before. Chairman Drigans said the fourth and fifth variances, to allow a zero side yard and to allow the driveway next to the lot line are located on the south property line. Mr, Edson stated that i.he driveway could be moved over 5 feet to eliminate this variance and he added they do have an agreement with Ballantine, the adjacent property owner, to attach their buildings together. Chairman Drigans stated he could not locate the sixth and seventh variances on the plot plan. Neither Mr. Edson nor Mr. Mattson were sure of the location of these variances. (Note: All of the variances came out of a meeting between Mr. Paschke of Paco, Inc, and AZr. Boardman, thF City Planning Assistant.) Mr. Edson stated he had not gone over the variances with Mr. Paschke. There was a discussion on the off str_eet parking spaces. Mr. Edson said they are providing more spaces than are required for this building. He said they did employ an arc}Zitect to draw up this plan to get the best use of the land and they felt the building will look very good in the area. Mr. Mattson stated that tiie City staff had drawri up sketches for alternate layouts to show that this buildiilg could be built using less variances. The Board looked at the a�.ternate layouts. Mr. Mat�son stated that thcre should be a good hardship stated for having to have each variance as hard.ships are what the Board is to base tlieir decisions on, but in this case there sEems to be no other hardship t.han wanting to use as much land.as possible. Ct�airmaii Drignas stated that in the ot}ier situations in the Onaway area where variances have been granted, all L-he lots have been smaller, but in this case there is 2f3,000 square feet of property. He said he could see no problem in ' ' � � � , � � ' ' �� � Pag The Minutes of the Board of A�ea1s Subcommittee Meetin of March 11, 1975 '� D granting the zero side yard setback, but what he did see wrong was why the IIoard would have to grant parking variances. Mr. Edson said that if they did put a 4� foot sidewalk in along the rear of the building, they would be only 6 inches from meeting Code for the second variance. Chaixman Drigans asked Mr. Mattson to explain t:he variance on using more than 2/3 of the rear yard for parking. Mr. Mattson read the requirement from the Code aizd stated he felt it was put into the Code so the rear yard wouldn't all be blacktopped with a 5 foot strip of green area along the perimeter. Mr. Edson stated that no other buildings, not even the new Bryant-Franklin building, in this area has green area in the rear yard, The Board agreed with Mr. Edson on this, as they could recall no ather variances an this requirement. Mr. Mattson stated that he wou1� have to check the plans far the other buildings to make sure, and he added it could have been an overszght on the other buildings. Mr. Crowder asked iL the loading doors on L-he front of the building were drive-in doors. Mr. Edson answered that they were. Chairman Drigans said as he looks at this property, and also at the builder, all of his buildings have had numer_ous variances, of which some were justifiable. He added that he felt the builder has the concept of taking 40 percent of the lot area and sizes his building accordingly, and then goes from there and asks for variances. He said he felt the Board has allowed zero side yards for good reasons but he doesn't understand why the petitioner can't come up with a building on the lot that will meet the other Codes. Mr. Edson stated Jerry Boardman prepared 3 alternate plans that also need variances, and he felt that appearance wise, his plan was the best. Chairman Drigans stated that the Board has to take the whole City into consideration, plus the pe�itioner, and the burden of proof for hardship in on the petitioner, r4r. Edson explained the hardship is simply to justify the investment in the land. He said the assessment on the land was about $40,00 a foot and to only be able to use 25 percent of the land would not be profitable. He pointed out � buildings in onaway that were built to meet the Code, and he felt these were the worst looking buildings up there. Mr. Mattson stated that the appearance of a building had nothinq to do with meeting the setback requirements. � Chairman Drigans said other builders are able to meet the Code or almost meet the Code, but here the Board is faced with a builder who on each building he • plans to build, has a list of variances to get as big a building as possible ' on the lot, r1r. Edson asked who was building in this area before Paco came in. He said nothing was being built. He said they have to build a money making venture or they can't afford to pay the taxes on the land and the City makes its money from the taxes. He added he felt they have a good plan that does , need variances, but with a few minor alterations, the variances could be cut down in number or size. , Mr. Mattsoii stated the City is not requiring that only 25 percent of the land be used. iie said every City has their requirE>_ments for parkizig space, green area, and lot coverage which they have drawn up to follow. He said the City ' staff feels tliat too mucli is always being asked for by Paco. FIe said it is not a questio�i of the specific variances but the number that are beinq asked for. He said 90 percent seems to be the magic figure. � ' Mr. Crowder asked Mr. �dson if they are at a point where they need action on these requests now, or do they have time to go back to the drawing board to see if they could come closer to meeting the Code. Mr. �dson said he hoped - - �. Pagc � � The Minutes of the I3oa�-d of A eals Subcommit�c:e Meeting of March 11, 1975 �� ' the Board woul.d act on them to pass it onto the Council. Mr. Crowder explained that if the Board were to deny a variance, and the Council concurred, tlie same variance request could not come back to the i3oard for 6 months. � ' Mrs. Gabel asked Mr. Ldson if he would be willing to review this plan again with L-he City stafL. Mr. Edson said he would r:ather review it again at the staff leve.l, r.ather than have the Board deny tlie variances. Iie added he would �ike to know which variances the Board would agree to and which they would like to see changed. � Chairman Drigans stated that on variance �#5, there should be no problem with the zero side yard setback. He said the Board would like a clarification from the administration on variance #3 for i�he off-strec.t parking in more than 2/3 of the � rear yard, tie said the Board questions the location of variance #6 for off-street parking to be within zero feet of the lot line,. and they also question the location of variance #7 to allow the driveway t.o be within zero feet of the main building, He said the other variances could either be reduced or eliminated ' and he added that the Board would also like t_'ze hardship stated for each v�riance requested. � r ' � � r � L � � ' `J Mr. Mattson said that on the variance to park riext to the building, the Board has granted this on other buildings with the stipulation of installing a bumper on the building, but the Building Standards committee suggests that the Board only reduce the requirement to 3 feet from the building with the stipulation of insi�alling curbing to take care of the overhany of the cars. He said that only where there is not enough room,to keep the cars 3 feet from the building, should the variance be granted down to zero feet from the building. Mrs. Wahlberg asked abou� the snow removal. Mr. Edson answered it depends on the winter, but it is limited on any 1ot. He said on his lot he has had �o have it hauled away. Mr. Crowder said he was interested in the variance on using 2/3 of the rear yard for parking. He said he has never heard of it before. He said that 90 percent of the buildii�gs in the Onaway area have blacktop or trodden down grass or whatever in the rear yards. Chairman Drigans stated he felt this item should be tabled for study and more back�up material by tl�e admi.nistration. He said one of the Board's problems is thai� so many variances h�ve been granted in this area that 'its very difficult to be consistent. He said, in addition the petitioner shauld show a hardship and also there should be more of a presentatiori on what these variances a�e. He said the Board daesn't understand some of tYie variances and he felt the administration should inform the Board more on what is required and the location of such. Mr, �dson stated the building could be put on the lot with poor use of the land. Chaii-man Driga»s stated tliat because the administration works in this environment, tlie petitioner should work with the administration to see if this is the best land use or if alternate plans should be drawn up. Mrs. Wahlberg asked if 2/3 of the rear yard w answered tllat 5 stalls see the 5 stalls. the parkinq stalls were to be reduced so that no more than s used, tiow many stalls would be eliminated. Mr. �dson would be eliminated, Mx'. Crowder stated he would rather � � The Minutes of the Board o£ Ap,��eal.s SuY�committ.ee Meeti.ng of March 11, 1975 _ � F � r � � ' C C C � ' � , ' ' � � � ' � Mrs. Wa}ilberg stated she felt this itcro should. be tabled until the next meeting to allow title adminisL-ration and L-he applicant time to review the questionable variances and to come up with anot-her drawing or to re-present this plan witli the locations of the variances marked on it so the Board can clearly understand �1 P_iTl . Chairman Driqans said he would lzke to recommend to the administration that if Mr. Boar.ciman is L-he only individual to meet with the petitioners when they come in to seL- up the variances, that then Mr. Boardman siiould come to the meetings to advise the Commission on them, or that tie should at least geL- the information about the variances from these meetings to Mr. Mai:tson. Mr. Crowder stated.his main concern is in not really understanding where the variances are and the reasons for them. Mr. Edson said it is not easy to build a case for hardship er.cept for the cost factor. Mr. Plemel stated he couldn't see where i:he cost is a hardship because the cost to build in Commerce Park and Fast Ranch Lstates is higher and yet there arn't variances needed there. Mr. Edson said che cost to build is about the same in either Onaway or in East Ranch Estates. MOTION by Plemel, seconded by Gabe]�, to table this it�m until the next meeting, to allow the applicant and the administration time to review the plan again, and reduce the number of variances if possible, and to show them on the plan that is resubmitted, and to state hardships as to why the variances are being requested. Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairman Drigans at 10:00 P.M. Respectfully submitted, ��1 v Jl�� r_r , � ,�, �rZ� MARY H1N`�'Z �! Secretary - .� 1 0 '�����1�T L� � . �2. J � � I----) i� ► �. ,J �-� ' � ; ' y . I i �' ' I L-._ — � i �`.� - -� � ' �� t 1 it r� N ct i � � � i i uG an.����,��e � � _ _-- (=%�<� j �I-�c i L..u�,,�-C.r�. ,'!"�C'� '?�u�t-v,r-�:'� _'. , � / _ . / ' ' '!_l_11l 1_%L.�<'1 _� /_.%.1 %�..<'t1/1_�`_L.1 �� L.� : � � 1_..' _///_%! _111_- 1 _ _ _ _ _ .-----�.11.1C __ _--- _- � - - -�-----'"_ `_ —� I - t� �. � � __ _ -- -- - o� ��.. ,, - � f , �-v" X 2�� '� ��'i�:;�� _' � �'t'C - � � " "✓ J / � �� i �2o..c ���.-E , i r \� , � � ; tJ G � nU Q '. G ` /="rJ �' Ti � - Cx...� i �.,t i:�MA:��: t�`� t �� --r � �'. � ; � C i e '�'j'°� �..,�. �, �i•, O .tA� O rv,�S� �..�. 6 `�.`�1v,r �,��.� I I ,. �., u 2C �-0" �� A�G�.� IP> Ic� c x � f' � �1.o'-v' i�.��c=: --------- -- i� - -----_ � 1 —...�___=e --_----.j � � , r:• � t : : �.. "� �� "'�� �.'� E,�_ �r�=;� .nJ -�-�;,.. �,�::; 1�,�i��, i i�T,T �� . _ _. _ . .- - ---- -�------ - �w -c�� Gti� \� ` I • . �f .1�� w f� V" �.� l�. � � � o - � 1� � y J =� ,;� , �1 � <�1 IC J . �I , � pl i k- i � �� `_,"� � �-M • --• ' � �� � <�,�,. �___-_- o,.�_�-�` � i p. , .' « 1 � ;1�����'� `UeVIBER COMPANY _,�� ._._ Buildir,g the Great Northwest ior over 80 years 36 SOUTH SNELLING RVENUE • ST. PAUL, MINNESOTA 55105 • AREA COQE 612-698•3804 ' �ebruary 27, 1975 ' Veterans FQreign 1,1►ars Post #363 , Fridley, PrSinnesota Re: After-Nours Parking at our Fridley Yard ' Gentlemen ' 'This wiil acknov��ledge yaur request for part-time use of Lampert Lumber Gon�pany's Par{:ing Lot at our Fridtey Yard located at t-lighway 65 and Qs�orn P.oad in Fridley, P.linnesota. Vl'e are agreeabte to giving your organization a license to make use of 'our parking area when our store is not apen fcr business during the hours of G:00 p.m. to 1:00 a.m. except that on Saturdays and Sundays the hours rnay be from 4:00 p.m. to 1:00 a.m. If at any tirre our business hours change to irclude evenings� -`' these hours v�iil have io be ad}usteci accordingiy. _ Passer.rer vehicles of yaur members, emptoyees ard guests may be parked in an orderiy 'mannEr on the parking area used by our employees and custorners during the husiness haurs. This is the blacktop area adjacent to and in front of our buildings on the pre- mises. This ticense is granted without compensation, provided, however that yQUr ,�err;-,issicn to use the parking area shall not commence untit: ., ' a. You have siyned a copy of this IEtter and returned it for c�ur file, indicating that your use of the parking fot is rnade �vith our perrnission, v�rithout compensation paid, and that you agree to ter- minate att your use upon 30 days written notice from Lampert Lumber Company, delivered to ihe above zddress. b. The VFIN shatl agree, by signing and returning a copy of this ' IEtter, to pay, protect, indemnify and save harmless Lampert Lumber Company from and against any and att liabitity, damar�es, costs, expenses (inclucling at! attQrneys' fees and expenses involv�d in pro- ' cessir,c� c{airr�s) causes of action, suits, claims, demands or judgments of zny nature arising from: 1 1. Injury to or death of persons or damage to property on the Lampert Lurri�er Corr.pany premises or upan ad}'oining side�valk, streets or v��ays or in any manner groK�ing aut of ' or connected v�ith the use, non-use, condition or eccupation � of the Lampert Lumber Company premises or resulting from the conditicn thereof or of adjoining side�valks, strEets or ' vrays, µ�hich is in any v��ay relatec! to or results from VFW's permission fror Lampert to use the area for parkireg; and ' . ' �.' ' ` �. ' ' Page #2 2. Arising frorn violation of any obiigation, agreement or con- dition of this license or of any canditions, restrictions, statutes, laws, ordinances or regulations affecting Lan�pert Lumber Com- pany's premises, or the VFVY's use thereof. � c. You shafl have furnist�ed to us an insurance policy, or a certificate af coveraae, from a reliable insurance company authorized to do business in tha State of 14•linnesota, coverir.g th� parking lot premises for alf of the , uses related to the permission granted t� your organization in connecti�n with our parlcing lot, said coverage to name Lampert Lumber Company as an insured party, and to prov:de that coverag�e shall not be concelled by ' the insurance carrier without 1a days r�vritten notice to L.arripert Lum�er Company, :�6 Sou�h' 5nellinc� Av�nue, 5t Pa►�!, Minnesota 55105. The cover- age shalf be $500, 000. 00 for any s��gie occurance, $250, u��. uu" for personai ' inju�ry to an individua! and $100,ObG.00 for �roperty damage. !t is ur.der^- stood that the VFW shall, itself, hoid us harmless and indemnify us urainst att c[aims far (oss or damaae to properfy and personat injury arising from ' any occurrence on the parkin� la�, whether or not authorized or directed by the VFW, and whether or nat covered by insurance. ' ' ' ' J 1 ' �I �I ' ' 'I d. You agree ta reimburse us for all of the costs of plowinr, sweeping, and removal af rc�bbish from the pai�king area, as wiil! be submitted to you in written statements from time to tirr�e. 1Ne are pleased to be abfe to make this accor�:rriodatian for fihe n�embers of your ciub and a�preciate your neighborly concern in bringing this matter to our aitention. LAM,PFRT LUA9E3�CR COMPANY / � ~/�, ~c�-;" � . B y.,- Cc�-�� �� //�-c � ��""�� Manager The above terms for use of Lampert Lumber Campany Parkirig Lot for after-haurs, a't Fridley, R�linnesota, are hereby a�reed to and fu!(y accepted by: VETERANS OF FOREIGN WARS Post #363 0 B y ��/I" _{� C` i���2.� Commander ' , .4'e���zar�,l 27s �-97`� 1 ' V�t�rans of Forei�n tar��s � ost �3��3 �xc3le,y, f�inne�a�a " i ' �?�: �fter �ours Pask�.n� ai our F�i�?Ie;� Loc�icion , Gentlem�n: . = ' , � This �il.l. ac?cnpwlez�g� your re�uest for pa�i-�i�a� u�s� of Stancia�d OiI Company's {Le€�' Sta?��-�rd S�x�ice) Parl�i.n� Lot at o�.r rr.�ciley loc.�t�on a� �6F0 '�ighsa�a &� #'� ' . �.n ?�'ric?Iey, ttinneso���. '�ie are a�r��ab't� to �;iro�i�.g �a��r orgarci.�ation a Iieense ; to mak� use of our parking �'aciiity from tre hours of 6�'.°-�. to 1�.ht. s. ' � ' ' � �J , I. ' � �'assen�;�r �ehicles of your mern�er�, er��loy�eu �nd �u�sts may bp p3rked in an ri ord�z�l.q �aun�r or� t�e parkir�g ar�� used by our e�pl.o;�eps � nd custom�rs dua~ing iausin�s� hou��. T}zis license i� dr�nted witho�x� ec�n?�bnsation, �rovic�e� how�ver � that your permission to usQ t1r.� paz°�ing ��ea sh�.11 r�o'� cflm��nce un�iSs i a. Yota �Z�v� si�;ne� � ca�y c�� this 1�tter n�c� r��urn�43 it ior our fil�, in�ica't:ing �i�a� youz• use of the par'�n.� �.c�t is made wi��i our I p�r�missian,, wiihoat convicier�ation ,r,�ae�, anc� th�� ye�u ag.�e� to ter— ', minat� a11 �*our use �x�e�n 3J d�ys wr. i��Pn natic� irc�r� �t�^.u�rd Oil Company (I,es° atant��rrd Sertrice}, de3i��xet� t� �he abo�� a�dres�. �. ihe V'c`'�! sh��1. ���e�, �ay s����.ng and r��u�ing a co�;� of �his �'I Iett�r, to p��• �x°�r�ect, in�lemn�.f� �ne� sa��� ��z°��l.�s�s S�t�nd;�x°ci Cil Cov:r,s��ny il.es' Stanu�r� Ser�►ic�) f�or� �n�t a�a.in�t a�ay �d all ' 1.i.abilit�r, damag��, ce�sts, ���'�n��s iincl•.zdirx� alI ���torn�ys' f'�es <�nd e�A�ses ir:va�ved 7_n ��oc°���i��, �Zaa.�a�) e�us�s o� a�tion' �uits, cl�rn�, d�e�an�s ar j3a.dQr,en$� c�f a�y na�u�e a..°'isa�.g fram; �. Injua�y tcs or ���.�h o� pers�ns.o� c�ar:�a�e ta p�o�e��y on th� St�nd�x°d 4i1 Cor��any's iLe�' S�ar��ia.rd S��ce) p='�mises or upo� adjoix�i�� sict�°��tk, �t�e�ts ar t,,rays o•r in any M�n— ner �rawin� o'a� a� or c�nn�ete�i �rith �the us�, rio���ase, eon— dition oa c�c��,:�a�ion af the a-�and�r� Oil Ca!��any�s (Les' St�anclarc� Se:rvie�} pre:r.rises or r�s3zitin� fror� the eondi�ian. . th�r��f or of adjoining S7.L�P.W�3IiS3* s}ree�ts or ways, c�rhich is in anyw�,}r reia�eci to or re��zlts f�om i�t,r's x,err.,ission from Stan�3�r:3 �;i�. Comp� (L�s' Standa� �3 Szrvic�) ta use the area �ir .aa�k�n�; axid _I 2. Arisirgg frc�r� iriolation of €ny obl_igation, agreement or condi�zon of this l.icen:;e or of �ry con�li'tioz�s, restricti ons, 5tatutes, laws, ordir��nces or regulatians affecting S$andarci C73:1 Cflmpany's (L�s' St�d�rd Service) pxeni�es, or the UF6�''s use thereofe ; :� , �`•�:: � `4 � '� � . � .. ' ' ' ' 2. c. Yau s�ail have furni;rpd �a us an i.nsura�ce ;�olicy, or a certificate of ca�r�rage, fra�n a reliable ins�aranc� comx�asx�r a.uicY!r�ri.��c3 �o �o b��sin�;�s in t�e State oa� ?�inne�ot�, coverin� tl�e p�rkin� lc�� premises foa� t�1I af the 115�5 rel�te� to �he permi�sior. �ant��? ta yot�r az•�aniz�tion in connectiora c�ri�h o�r parkin�r 1.ot, �aid c�ve�ap;e �c� n�me Standas•d U31 Corrrpany iZ�e�' Stanc?a.rd Servicej rs �n insureci �arty� �ud to ;�rogicie th�t co�v�rage 5ha�.I na� 'x�e cane�:lled b,y the in�-urarice carrie�^ r��i�thou� zo aay� wri.tt�n no�ic� to St�nu�ar�7 Ci1 Company (L�s• Standard S�rvice)� 7680 �tig�way 6S, F�idl�y, �a.nnpso�a 554�2. ?'he coererage shall be 5500,C017 �or arty single occurren�e, �Z50,000 for �ersonal injury ta an indi�-idual an�' a�1flU,0��J for P2'�'N?PI"�L;J �c�ifl��Gs It is wzderstood tl:a� tha VF�t sha12, i�self, ho�d us harmless anc� indemnify us a�a.inst aII Claims �or loss or dar:e�ge to �roperty �:nc? personal inj+.zr-�r ar3_sir.� from �n� occur�ence on the p�rkin� Iot, Whe�iher or not au��:oaizer3 or �'ireeted b� the '��l� an.� ��hethe� or x�ot Co7�i'e!� by in�.trance. � c�. I'ou a�;ree �a rei�btars� us ior 10{� of tl�� costs of plow:i.ng, _ sv�eepin� ax�,.-1 remova� o� x•ubbish iyom the par�.in� ax�e�, as s�ill be submitte� �o you in wx•�.t'��n stat�r,��:�ts �'rom tim� tc� time. ,_ ' i. ; '-:'e a.x°e t�2e�,�e� �p b� ab�e to r�<�_I�e this a�eor::r�ac?ation for %I�e mem�er� of yo�a.r Clttb anc3 ���s��c:ate your neigh��arly cox�c��i i� b�in�ing tris tn�i�er to nur attentioa. ' STAVDARU CIL CC?;�',AjVY (I.ES� ST�TJA.rD �'JIyF} / / '��� ��, f [-,_��.��E: � , � The r�nv� �exr:s for use �f S��n�a�r� t3i1 Ca����n�°s (I.es' S�and��c� 5ervi��) �'arkixtg Lot fox aft��—hours, a� �`aid1��, N!i�nesot�, are k�ere'��� a�;reR� �o and fu1.Iy ��ccepted bf. tJ�"�A�JS C.� FCR�IG�t tlA�'?S �os� �:�3 `�, � ^� . j]� 4�/ I' 1 l�G(.+� ��i� CoY�na.n ae� . # . t , ; ; r Sf ! � J f E � - . � BUIL,llING ST/�ND�1Itl)S-DrSIGN C�N'TI2�L SI1I3C���4I'ITEF: Miil:`3'TNG �r r�nrat G, 1975 � � � � � � � Chairman Lindblad called the meeting to order a� 8:00 P.M. MCr'63ElLS PI2ESFNT: Lindblad, Simoneau, Tonco, Seeger 0'IfIERS PR�SENT: Jerry Boardman, Planning Assistant MOTION, by Tonco, seconcied by Simoneau, to approve the minutes of the Janua2y 23, 1975 mcet�n�,* as ��Ti_tten. UPON A VOICI' VO'IT:, all voting aye, the motion carried Lmanimously. Mr. Linclblad read aloud the letter from I�4r. Dor�ald Nelson statin� his reasoiis for resi�;ning from the Building Standards-Desi�l Control Subcorrunittee, a discussion follo���ed. , b'bTIO�t, by Simoneau, seconded by Tonco, to receive the resignation of Mr. Donald Nelson. UPON A VOICE VO`I'E, a11 voting aye, the mo*ion carried wianimously. 1. CONSIDER �TION OF f1 RT:QUF:ST F��R RO�F SYSTFT�t ADDITION TO 'IHE RIVI?I:SIDE C4R IVtISH: LOCAI'F'D 0�1 TRt1CT ll, ?'.L.S. �_19. lI-I��SA,'�1E . � LL l`,rl 0 P�10TION, by Simoneau, secanded by Tonco, to table the rec�uest for � roof system addition to the Riverside Cax ti�ash because of failure of the applicant to appear before tlie Board. � � !� � UPON A VOICE VOTE, all voting aye, the :notion carried unanimously. 2. CONSIDERATI�v OF A �� • 1 • 11 • FOR PROPERTY I��L�RO�jEMME.NT. L,OCAT'ED � Mr. Richard Mochinski represented the V.F.W. in their request. 0 Mr. Mochinski presented plans showing the new property improvements. He stated the need for improvements were necessary to bring the present build- ing up to code. � Mr. l`�ochinski stated the new improvements involved the site plan and the � off street parlcing. He stated the need for eliminating present illegal parkin�, with the use of landscaping and consCructing sidewalks in this area. � Mr. Mochinski stated the present parking areas only accommodated 58 cars. Because of the nced for more parking facilities, letters of agreement have been acquired to bring the parking spaces up to 144. � � � Mr. Boardman stated that curbing would be put down the existin� property line. This area would be one of the variances going to the Board of Appeals. Mr. Tonco asked aboue the use of poured concrete curUing. Mr. Boardman pointed out the areas where poured concrete would be used; south property line. t4r. Boardman, also, stated they would a�ree to do t}ie landscaping up to the lumber yard building. Mr. Ptochinski discussed the improvements af the exterior of the building and that they would consisC of a brick wall Cypc siding with exposed ' � � � � � �!�'1 BUILDTNG 5TIU�'DN2PS-DESIC�I C�NTROL SiJBC0f�1�tITIT.:1: I��1T;ETING OF M/1RC1I 6, 1_975 Pg. 2 aggre�ate panels. �.t present the bui.ldings are individual shops. �7ith the improvements tliere will Ue no need for the individual entrances. The doors would be turned into windows and brick panels will be used. Mr. Tonco asked if the building would be painted. Mr. Mochinski stated that the bacic entrance was the entrance to their lounge and that this would carry.the same exterior design as the front of the building. Mr. Boardman asked about the signs used on the building and whether a roof sign would remain. There are two signs at present on the building. � P1r. Mochinski stated the V.F.[d. would lilce to have the painted sign removed. The liglited sign on the roof of the building that is exposed to Highway 65, the members of the V.F.�7. �aould like to have it remain. � � � � � � i � �� ' Mr. Boardman stated he would prefer to have a free standing sign instead of the roo£ sign. He felt that the existing sign would be a detriment to the build- ing design. Mr. Mochinski said that the request would be considered by the V.F.Td. Mr. Tonco asked about the refuse area. Mr. Mochinski stated there was a screened in area in the parking 1ot for refuse. Mr. Lindblad asked about the lighting in the parking lot. Mr. Mochinski stated there was a suffici.ent amount of lighting already i.n the parking lot and near the building. Mr. Simoneau discussed the need for a landscaping plan. Mr. Lindblad stated he would like to see a landscaping plan written up before going to Council. Mr. Tonco asked if theze were any air conditioning units on the roof. Mr. rlochinski stated there were existing units and that they would be screened in accordance to code. Mr. Boardman asked if the existing trash burner would be removed. rir. Mochinslci stated that it would. MOTION, by Tonco, secanded by Sirnoneau, to approve the plan with the follo�ving stipulations : 1. /l lanclscaping plan be received before going to Coi,mcil. 2. Al1 air-conditionin� wlits mus� be screened in on the roof. 3. A scree�icd in arca be provided for rcft�se. 4. Tliat viy sifin on the roof would be an integral part o� the buil�ti.ng acsi��. . � I3UILI)ING STI�NII�T'.T)S-11FSIC�i C(}'VTIZ�I SIT13C��'�TITTT:F. N�f;F:TING OF r'I/�R(�I 6, 1975 P�. 3 UPON /1 VOIC� VOTE, all voting aye, the motion carried unanimously. 3, co�sznr:r�n7'IO'V OF /1 RT:QiJF:ST TO C�NSTRUCT A N];iV 13UILDING 'In BE USI:D IL5 �1 l�'�11Z1:1 IOUSIi : LOC��'C}:ll O,� L(?'I'S 1- 5 I3LOCK 2, c)NI�IV.�Y Al)Ill'1'1.O:�?: '[III: S�`1�(]: I3I:1\G 7SS0 I:I�i S"I'R1:l�T N.I:., FIZIIII,i?,Y, MIN?�I�� Mr. Edson was present for the request. Mr. Ldson presented plans to the Board. Mr. Boardman presented a map showing the location of the building. Mr. Boardman stated that this building requii�:s 7 variances and that they will have to go to the Board of Appeals before the plans can be approved. �� Mr. Boardman stated because of the variances on the building the landscaping and parking lot layout could change. tie suggested that the Board approve the plans for foundation to grade upon the Board of Appeals recommendation and then review the landscaping after the Board of Appeals meeting. This could save the developer up to three weeks time. 21r. Boardman discussed with the Board and Mr. Edson the variances involved on the proposed plan. ?�1r. Lindblad discussed a landscaping plan. Red Maple, Green Ash, and Flowering Crab trees will be'used as marlced on the plans. IMr. Lindblad discussed the bumper used in the front of the building. He . stated he would like the curbing 5 foot from the building with crushed rock in between. � � � P4r. Simoneau asked about the exterior construction of the building. tir. Edson stated it was block masonry. Building will be painted dark brown. MOTION, hy Simoneau, seconded by Tonco, to recommend approval of the plans as marked in red to Cotnicil if t3iis plan is approved by the Board of Appeals. If the Boarei of �l�peals does not approve the 7 variances, the Builclin� Stanclards Corrunittce reco�mnends that the pennit be granted for the fotuldation to grade only accorclin� to tlie specifications of the Bozrd of Appeals and tlie landscapin�; ���ould have to be revie�Jed again by the Building Standarcls-?�esi�i Control Subconunittee. � Tlle follo�ain� s�ipulations for thc approved plan are: 1. 2. TJie btm�per in front of the buildin� should be permanent curbing placed �it a sufficient distvlce to keep �}le cars fro�i� }iitting tl�e buildi�l�. Pern�vient curb stops zrc to bc used in the back of the building. � -12C BUILDING ST/�ND/�RI)S-nPSI(�I C'C)NTR�L SUI3CO1�tITfI�E hi[:I:TING �F M/IRCII 6, 1975 P�. 4 3. All refuse should be in a screened in area of the parkin� lot. 4. Notations in red on the approved plan be incorporated in the development. UPO;V A VOICT VOT'E, all voting aye, the motion carried wianimously. Chainnan Lindblad adjourned the meeting at 9:30 P.M. Respectfully submitted, . �� Arlene L. Smith Secretary e B � � �� � � � � CITIZEN BIKEWAY COMMITTEE February 19, 1975 MEMBERS PRESENT: 5ette Papke, Jan Thomas, Bill Gerads, Rita Johnson, Donna Gardiner, Bobbi Spaeth, Vern Moen, Jerry Boardman, and Gary Lanzmeier MEMBERS ABSENT: Lee Houck and Dennis Schneider Chairman Vern Moen opened the meeting at 7:47 p.m. Jerry Boardman went over the highlights of the last meetir,g indicating Stages 3, 4, and 5 had i�een accepted and approved at that meeting. 0 � The Committee discussed the code changes and Bette Papke asked whether registration � would transfer? Mr. Lanzmeier said that the new owner would probably have to buy a bicycle license. � Mr. Boardman stated that in setting up a bike system it will require a certain amount of maintenance, and asked the committee how they were going to maintain this system with funds. He asked whether they wanted an annual City cost or a � user cost. h1r. Boardman felt they would have to restripe all lanes every two years. Bette Papke asked what fund it would come out of. Mr. Boardman said it would have to be budgeted for. Mr. �oardman said if the committee felt it should � be a free system for the bicyclist, ti�e charge could be recommended to be absorbed ' by the City budget and proposed that way to City Council. Mr. 3oardman said he did not think it would be too.long befr;re the state comes in with bike licensing. � i�10TI0N BY JAN THOh1AS 7HAT THEY GO WI7H CITY FUNDING ON MAIN7ENANCE OF THE BIKEWAY SYSTEh1 IF NO OTHER FUNDING IS AVAILABLE FOR MAINTENANCE. Seconded by Bobbi Spaeth. • Upon a voice vote, all voting aye, the motion carried unanimously. ' � ' � , � � 1"he bike user will not be responsible for the mainienance of the bike system. "iherefore, it will be a permanent tag. iir. Boardman asked the committee if they wanted the issuance of a license tag to go into a bike fund. iir. Lanzmeier indicated it goes into a general fund now. Jan Thomas asked if funds for the system would come out of that fund? Mr. 3oardman said it would not. By putting the money into the general fund, there was no guarantee the money will go for bikes. i1r. Boardman brought up the idea of impaunded or stolen bikes. He said presently it goes to the Police Department Retirement Fund. Mr. Boardman said the committee could make the recomm�ndation that this money go into the Police Retirement Fund or a 6'icycle Operating Fund. Jan Thomas questioned whether there actually would be a Bicycle Operating Fund. i�1r. Boardman said that depended on money avai�able. In order to budget, it must be budgeted into a program. �1r. Boardman indicated this would be an operating fund. The committee decided upon some revenue for the maintenance and development of the system. Mr. Lanzmeier reported that 1,080 bike licenses were sold last year at $2 a� piece. Ile said if this law was enforced, the amount of licenses sold would definitely increase. t P l3A � C� ' LJ r � Mr, f�oardman said this t�ould approximately amount to $1,400 cost if 500 licenses were sold yearly. Mr. �1oen said in talking about the cos� of administration, it could be greater than the revenue derived from it. Mr. Moen said they have everything to gain and nothing to lose. The committee discussed the sale of bicycles. Mr. Moen said Council may not want to change the present procedure for the Police Depariment Ret;rement Fund. Mr. tanzmeier said that r�ik�es are being stolen from other cities and then left in Fridley, the o4�rner does not claim it and there is no way for the Police to identify, so they are auctioned. Mr. Moen suggested that the Bikeway Committee recommend that they recammend these revenues be devoted to a bike fund. MOTION BY BILL GERADS THAT THE }sTKEirlAY COT9MITTEE RECOMMEND THAT ANYTHING CONNECTED WITH BIKES SHOULD GO BACK IPdTO TH� BIKE FUNDS. Sec��nded by Donna Gardiner. Upon a voice vote, Bette Papke dissenting, the motion carried. Bette Papke said she would like to know haw much revenue is derived from the t auction, and would like more feedback from the Police Department before she voted on the question. � Mr. Fred Be';ensee, president of the Po7ice Retirement Fund, addressed the committee and said he wou7d be happy to answer any questions. Mr. Boardman explained the commit�tee would like to know about the sales of bikes and whether or not this � shou7d be included in the bike fund. He questioned whether the sale of bikes should go into the system or remain in the Po19ce Pension Fund. Mr. Bebensee sa�d tnat it is a legal requirement that the Police De�artment hold , this auction. He said bicycles are not the only thing as�ctioned off, and stated this was a hard question to answer. He said any property that they recover and not claimed by the owner is auctioned and goes �nto the general fund and w�th th�s � money they provide scholarships, sponsor hockey teams, etc. f�ot all the money is put into the retirement fund. He said it was not that much money, but the amount varies from year to year. � �_ J � ' � � Mr. Boardman said ;t was the committee's suggestion that anything related to the sale of bicycles ��r bike monies be put back into the system. Mr. Bebensee said this currently is a City ordinance and said that this would require a change in Ordinance. This would require City Council action, but also indicated this would not break their present pension fund. Mr. Moen asked if compulsory licensing regulation would help. Mr. Bebensee stated he thought it would. Jan Thomas asked what they would do about enforcing it. Mr. GebenSee said if a City ordinance was passed, then an order would be passed to the officers to enforce it, and it would work. Mr. Maen said in the enforc�rr�ent of bike licenses, he felt they would �ave to get as much publicity as possil�;e, allow them 30 days to obtain a license, and when the deadline came, they would have to be tagged. MR. Boardman felt it was the Committee's recom�endat�nn to �ity Council that anything towards revenue should go back into the bike system. Mrs. Papke brought up the idea of small bikes such as the two or three year olds bike on. She asked if these would have to be licens��a also. Mr. Lanzmeier said ' that if that bike was stolen, you,would probab1y expect to get it back, therefare, 7t should be licensed. • � � � � � � � � ' � r � L' L_J � 1 ' ' � ' �i Page 3 Another question Mr. Lanzmeier said was whether you enforce it through the child or the parents. He f�:lt it should be the parents. Mr. Boardman said both s�ould probably get a tag. Mr. Lanzmeier said the same procedure would be followed as with any juveqile when he is picked up, the parents would be contacted. Mr. Boardman said it could be as any other ticket, if you do not get it `ixed within a certain length of time, you will get a rine. Mr. Boardman said the committee shauld discuss bike racks, bike facilities, etc. Mrs. Thomas said it was apparent that rnost everyone would need a bike lock. Bill Gerads felt Target, Holiday, and other shopping centers could provide bike racks since it is to their interest. Mrs. Thomas felt this should be discussF�! when the need arises. Mr. Boardman said it could be mentioned in the plan that it wi11 be necessary to make a viable system. Mr. Boardman asked if the committee felt this :'�culd b� a continuing committee or did they feel that when the plan was presented the job was finished and there would no longer be a committee. Mr. Boardman said they could possibly meet :.,-��ice a year, such as at the end of the season and before the system began yearly. She committee decided that the implementation of the program would be a continuing ti1111g. It was also decided that it would be a permanent memhership, unless someone resigned. Mr. Boardman said the next meeting would be held Wednesday, �ebruary 26, which would be the public hearing meetinq. He asked if inembers could attend a special meeting Tuesday, February 25. i1r. Boardman stated that after the public hearing meeting col�'es of the total plan will be sent to all the org�nizations in the City and allow them a cer.tain length of t9me for written comments. Mr. ��1oen felt tha� the committee did not have to take a�,egative attitude towards this thing, he did not think they should feel �s though they were asking for am�thing. Ne felt this was a real.value to t{�e citizens. Mr. Boardman said that the DFL has taken a s��.��d on this, and tl�e League has taken a consensus v�te on it. He indicated that this will go ta ihe City Council in the middle of March. Mr. Boardman said he would have a booklet available to all the members by next Tuesday so they can read this before th� public h�aring. , ADJQUR(�MENT Vern Moen�3elcared the meeting adjourned at 9:25 p.m. The next meeting will be Tuesday (special meeting) before the public hearing meeting on Wednesday, February 26. � � � �I ' Respectfu7ly submitted, .� �._ . ) � � :�� /; �f z? �'?�/ Recordin� Secretary ✓ tJ � CJ ' 14 CITIZEN BIKEWAY COMMITT�E PUBLIC HEARING February 26, 1975 M'i,MBERS PRESENT: Jerry Boardman, Vern Mo�n, Dennis Schneider, Bette Papke, � Ron Wilkinson, Bobbi Spaeth, Bill Gerads, Jan Thomas, Rita Johnson, and Donna Gardiner ' � � ' ' ' � ' r �li � � M�MBERS ABSENT: Lee Houck Chairman Vern Moen o�+ened the meeting of the public hearing at 7:36 p.m, Mr. Moen gave a brief outline of w.iat the Cit'.zen Bikeway Committee had been doing for the past six months explaining they studied the feasibility of a bikeway/walkway system for the City of Fridley after they had recognized there was a pressing need for something oF this kind. Mr. Moen said neighboring communities had gone ahead with their plans and no�w have usable systems under- way. Mr. Moen said he would like the audience to feel they have been included and represented in the plan by their area representatives. Jerry Boardman illustrated a map to the audience and explained the co,�nmittee�s goals and objectives. Mr. Boardman said the m��eting was to be a public hearing after a brief introduction from the committee for informative services. The committee would like to receive input from citizens at this time. The committee would then review the statements and then make the necessary modifications or changes the committee felt was necessary. Mr. Moen com-nented that he did not want the audience to feel this was a o.ne way commuz�ication, He said the committee was willing to hear suggestions and complaints. Mr. Moen stated that on May 30, 1974 the Fridley City Council established a Citizen Bikeway Co�nmittee to study and w��rk with the Planning Department b� develop a comprehensive bikeway/walkway plan for the City. Mr. Moen said it would be a recreational plan as wall as another m�ans of transportation such as going back and forth to work, in addition to reducing amount of pollution and saving on fuel. Bob Pokorny asked if there was going to be a continuing effort to educate people to the advantages of the bikeway system as a means of transportation or would this discontinue as the bikeway system was initiated? Mr. Moen indicated this would be a continuing education informative type plan. Mrs. Thoin.as commented that the committee expected to get cooperation fro m the schools in Fridley to educate the children, The committee felt this was the first step, but teenagers and adults.must also be educated. Mr. Moen added that the Fridley Police Department and the 1oca1 news organi�ations were to help in publicizing this wherever they could. Mr. Boar�lman said that this committee would be recommending to the City Council that it be a continuing co:nmittee to meet two or four times a year to keep the system upgraded and modified. '��I � Mr. Moen said that the plan was set up in 5 phases with Phase.I being the primary phaseo Mr. Boardman presented the goals and objectives which included safety, trans}�ortation, recreation, environment, public awareness, and flexibility. � Mr. i3oardman said that neighboring communities have looked into lhe possibility of setting up a bikeway system such as Mounds View and Columbia Heights, and I some had already set up a system such as Coon Rapids and New Brighton. , . 1►� A Mr. Boardman felt it was important to get information out to the citizens. ' r4r. Boardman referred to the survey and said the information was very helpful in making some of the committee's decisions. Mr. Boardman said that 28 volunteer citizens did hand out 2,255 survey forms and received l, 356 forms in return. It was estimated that there are in excess of 20,000 bikes in the City with ' 62.5'/, of the people owning bikes. Mr. Board*.nan �_.resented the three classes of a bike system: 1) Bike path - ' safest, separated bike path about 8 feet completely separated from the road way mostly in park areas, 2) Bike lane - bike riding is on actual street right of way using stripe of some kind or a barrier. 3) Bike route - On street with no striping , just signing designating bikes on road. Mr. Boardman said the � safest way is to eliminate parking along most bike lanes. '�ir. Moen referred to statistics and stated that only 3'/0 o.f all bicycle accidents are reported. Mr. Boardman presented the bike proposal. He e:nphasized the staging of the plans will depend on whether funding is available. The proposal was set up in such a way to'a11ow any resident in the City to travel in a relatively safe manner on bicycles. Vern M�en stated that the co�nmittee felt the whole system is goo3; the idea was to se�_1 the whole system. Mr. Boardman said that Phase 1 was the pilot project. Mary Marti.n asked if the City was divided into elem�ntary school areas? Mr. Boardnan said yes, it provided access which may cut down on the cost of Uussing, The idea was to co�nect all school areas, recreational areas, and public areas. Mr. Schneider ad,3e� that the school districts within Fridley were serve3 by the bikeway system. A discussion was held on adjoining schools such as Adams. Mr. Boardnan said the only access would Ue along East River Road. A citiz2n of the community asked if Coon Rapids was to consider their schools as a priority a1so. Mr. Boardman said they probat�ly would. � W9LI�taAY/SIDEWATK SYS"'�"M The committee had felt that the best �ype of system w,as a separate bik� system and walkway s;�stem under the same plan. He indi.cated the main problem for pedestrians was getting acros.s the road�. The cotnmittee had decided sidewalks were needed along Mississippi, Osborne, Rice Creek Road, East River Road, 7th Street, and Gardena. Mr. Schneider said it was important to note the recommended change in the assessmants policy. Mr. Boardman s�id the Citizen Bikeway Committee has recommended a policy change that on County Roads (East River Road, Osborne) not be assessed to the property owner. The presenr policy at this time is that any sidewalks are assessed through ttze owner, and any City or local street is funded by the City, A citizen questioned how trees would be maintained with the Present tree ordinance. �ir. Schneider said that the s.idewalks would have to be detoured aruund a tree. He indicated that any type of project that included deco:nposition, a b1ac: top driveway would be replaced by a blacktop driveway, a concrete driveway would be replaced by a concrete driveway, etc. A citizen oF the community asked if the schools had been consulted to reverse ' school bus monies �o walkway monies if it was safer for the child to walk. Mr. �oardman said that was a good point, and stated the schools had not been notified. about the walkway. He said the Bikeway Coinmittee t�ill recommend funding sources ' to City Council and Council will malce the final decision as to where the money will come from. Mr. Boardman said the sidewalk system will go in concurrently with the bikeway ' sys�em. Carroll Kukowski asked wtiy? Mr. Boardman replied that in setting up a system, they must have fu11 use of the system. If they rec�ived much oppoaition they � � � ' , ' , ' ' � ' ' ' ' � � � ' ' 14B can pull the sidewalk out. The committee felt iC was needed whether it was put in now or later. The committee was to recommend that the total system be pLt in. Mr. Moen said it was importanC to make clear that Stage 1 could include the sidewalk as a reco-nmendation but Stage 1 does not include the sidewalk per say. Mr. Boardman referred to the situation by Chase�s Island. The committee feels that it is essential that the s�astem be put in to allow for pedestrian access for schooL children only. Rivers Edge Way is an isolated area. The Bikeway Co:mnittee felt that this system would be a good way to get around to the Islands of Peace and co:�nect with'the overall total system. Mr, Kenneth Anderson was opposed to this idea in that he resided in this area and had previously spoken wittv City o.fficial.s who claim�d nothing ot this kind would take place in the future. Mr. Boardman explained the Bikeway Co.nmittee had set up what they felt w�s the best reco:n:nendation to City Council. Council will have the option to make n�odifications in i:he plan. The main concern was to set up the safest and most efficient system possible. The recommendation was to sign the sidewalk and enforce this with the Police Department as havi�^g the syste�n only for w.3lking. Mr. Anderson wanted to know how flexible o� a plan this really was. He suggested an alternate route on East Rivers Edge ilay by going no-rth along �ast River Road on the roa3 c.: path along the side of the road by Lo�?=e Lake. He suggested jog;ing ir_ and have a crossing across East River Road. Mr. Boardman said one reason fer doing it the original w..�y was because the committee had no other altprnative but go along East River �oad as a path. Mr. Board�nan suggested keeping this on the west side of East IZiver Road and �ontinue down without jogging. Mr. Anderson asked cahat was to detour minibik.es and scooters from �he path? Mr. Board:nan said �hey w:�re relying on strict enforcement of the bike ordinancea with a few reco:�rnended changes which would prohibit the use o� motorized vehic'e� on a path. Mxs. Maeterns, 144 Rivers Edge Way, s�,id more people coming into their area are fro�n Co�n Rapids or Minneapolis and adjoini.ng areas. She sa�sa they had allowed for this once for the childrens safety with the school but they could not a11�.a for this again. Mr. Anderson asked the co�nmittee to put themselves in their situation, He suggested that some route be formulated, Mr. Boardman said the committee would be willing to meet with membars of this area so:netime before the final plan is se�t to City Council to get �he ideas for an alternate rou�e. �ut the final decision will be mada b,z City Council. i�Irs. Bette Papke indicated rhe representative from this area was no longer with the committe� and had there bee-�.more information and input from this area, the problem might have been alleviated. Presently there is a new member from this area which was assi�ned two weeks ago. Mr. Boardman said he knew of the situation in this area and tried to explain to the coin�nittee and convey the information to them the best he could. Mrs. Martin co:nmented that she felt it was the City's duty to see that all the people in the commuriity were represented. Mr. Moen said that was the exact reason why the public was invited tonight. Mrs. Tho�nas commented that as they went through each area, they put themselves in that nei�;hborhood and reasoned whether they would object or favor a bikeway in front of their house. She said the committee certainly was not aware oF a b foot path from tkie resi_dent's bedroo�n. Mr. Anderson said that he did not think signs would stop childrer►. Mr. Schneider felt thaC the co►nmittee should stron�ly re-examine that particular area at the next meeCing, A citizen questioned whether the school board had bee�n contacted at Rivers Edge Way? Mr. Moen said they had not at this point. Mr. Board�an said they had given the plan to various school districts, After the final proposal, service organizations om ttie City will be contacted ior their comments: Mrs. Thomas said the idea was to get some of these problems ironed out first. � -14C , The committee set up a meeting with Mr. Anderson and any other interested people in this particular area for Wednesday, March 5. ' Mr. Ken Sporre illustrated a problem area on the map near North Park, and said tttis i.s extremely dangerous as �here is no railroad crossing, He said the City plan caas to c�.nnect �ast River Road with 83rd all the way across which must be approved by Burlington Northern"�Railroad wh�.ch they wi11 not do. He said as ' you come into Coon Rapids about a blocic and a half north of the Fridley line, there is a service road that is parallel to East River Road that could be used far ��.ikeway so there is a block or two between Fridley and the section of Coon � Rapids. Mr. Sporre said he lived in this area and had no objection �_o bicycling but it perpetuates the possibility thae 83rd may someday go through and indicated it will not go througn. He also said that Main Street going through the park ' will also be fought by citizens groups and the Foundation itself. He recommended that this particular area be changed to connect along East River Road to the service road that is para".lel at this timQ to 132 and east on 132 to the park area. ' , ' ' , ' u ' , � l� ' ' Mr. Gexads said t:�anks to the representative from this area, this was brought up at the last meetino and it was decided to get in contact with Coon Rapids to see if there could be a route change. Mr. Boardman a»lced the citizens how �hey felt about a pathway within the North park property? Mr. Sporre said a nature center is a nature center and said that they should have a place to parlc bikes near the entra_�ce and then p2ople could go :�.n on foot. He said the nature interpretive area will be fenced but outside o� the fence there caould probably be no objection to a bikepath. Mrs. Thomas said the idea was to have people get by bike to North Park. Mr. Sporr� said the main objection to this was that this perpetuates the thought that this road wi11 continue to 132. Mr, Board:nan said m.ay be it would be a goo� i_dea to have a trail syst�m through a portion of the park. fringe area to provide a good buffer area, it could be within the nature area prop�rty but outside of the fence. Mr. Mo2n said this area is a part of Stage /+ and by that time most of these problems wi11 be settled, Mary Martin said she l:ves in area l, and said she noticed the path zigzags across �ast River Road. She sa,id it was her uz�derstanding that they were connecting Osborne and East River Road and crossing East River Road at Riverwood Scho�l, Mr. Boardman said this would be a crossing with a light, Mrs, Martin indicated on three lights in this area 991 of the time the cars turn, hardly anyone goes straigh� ahead. She said it was impossible to take a bike across East River Road and Osborne. Pres?ntly, the lights are insufficient. She indicated down by the school light there had been saveral accidents, r2r. Ken j-3ilkinson s�:id one possible solut:'..on �aould be to use a special traffic signal, no right turn on red and have a special walk signal. The sug�estion was ,nade t� have a thre� way stop signal where all motorized vehicles stop. Mr. Soardman said it will be a recommendation by the Bikeway committee to carefully look at the timing of these lights at all intersections. Mr. Board�nan said they could try to work it out with on-grade lev�1 with a signalization system. They could a�so look at an overpass. This is by far the safest way to handle i�t with a cost of $150,000. The reco;nmendation was made to handle it as an on-grade crossing. . Mrs. Martin agreed provided that som� change was made in the signalization, Mrs. LeeAnn Sporze stated that she felt that sometime they may have to separate the sidewallc and bikeway system. She felt the ca:nmittee could get a better citizen input by discussing it neighLorhood to neighborhood or trail to trail ;�roposal. Sh� felt in looking at the trail system they should be extremely environmentally sensitive, especially the Rice Creelc Trail and around the naCure center. Mr. Boardman said tt�e coinma.ttee first wanted to see whst type of response they received aC this public hearing �irst. If there was a breat response, they liad anticipnted breaking SF- .7.....h �ir�•t!. ,�n.-'ot�, 4+���.4.1.��-hr�r»i otsn.Yo � 1 ' ' ' 14D cosT �x�A��a� Mr. Boardman state3 that the iotal sytem as proposed by the Citizen Bikeway Committee with approximately 32 miles of trail is in the neighborhood cost of $400,000. The actual systiem itself was actually �294,000 but due to the culvert on 61st the cost would increase $20,000. Mr. Boardman said he would be recommending �o take the culvert into consideratiori again. Mr. Boardman said he wauld like to point out that the system is set up on a five stage program, each stage approximately costing $80,000 a stage (with culvert). Most situations were on-street acc�ss where striping will be provided, One bf the recommenda�ions by the �ikeway Committea is that this system not be assessed to the property owners of the City oF Fridley. � Mr. Boardman presented the funding possibilities: 1} LAWCON funds 2) Co:mnunity Development Block Grant (HUD) 3) Federal Aid Urban �+) Minnesota Department of Natural Resources 5) Minnesota State Aid Streets 5) Revenue sharing fands ' 7) County sources 8) Loeal sources - com�nunity service organizations 9) Bicycle related fees 10) Private donations. ' � �J LeeAnn Sp�rre ask.ed if there were any particular parts of the bikeway system that would make it optimum fundable hy any oi these sources, Mr. Boardman said LAWCON will look at the syste:n as to the metropolitan systen and any rrail that is along �he metropolitan syste:n has a better chance of getting funded. Mrs. Sporrer�a�ked what would make the project roost fundable? Mr. B4a�dman felt through the state level. He stated the funding they shoald be looking at no��t are the problem areas and these are access prQblems. �These should be developed as viable means of access for the community. AD JOURNNLN T , Vern Moen deciar�d the meeting adjourned at 10:07 p.m. be March 5. ' Respectfully submitte3, � /� �� / . ��;�� ? /��,-J� C��L� Recording �ecretary ' i 1 0 1 1 The next meeting will � � ' CITIZEN QIYE4lAY/6�;�1LK�f!!lY COP1MIl�TEE t�ICETING - MARCH 5, 1975 P11GE 1 ' Me«�bers Preser�t: Maen� Ge,,ads, Gardiner, Spaeth, Papke, Thornas, Schri:�idt�r ' ' �J ' � � , ' ' ' , ' ' � � ' ' Members Absent: Joh►�s6n,. Houck _ Others Preser�t: Jerrold f�oard�»ar�, Plann�in� Assistant � � ...- Chairman Moen called the meeting to order at 7:30 P.P�. He said they should continue u�here they had left off at the Publ ic Ifearing on February 26, 1975 4�ahe•re they had been discussing th� pathavay in tr�e Rivers Edge tflay ar�a. We had asked the resicients of the area to bring back the�r thoughts on alternate rou�ting, which we would discuss ar�d cansider at this meeting. � � Mr. Bert Slater, 128 Rivers Edge 4Jay, said as he had a1vdays understood a bike- way or trailway, it was a means of accessib�+lity which would be quick and �asy. He said tl�at in Eurepe they use the most di�ect route. He didn't think that the plan propased for this area v�ras a good c1ean-cu�. bike path. He ihought ther.e seeme� to be a lot of cutting back and fortf� across East River Road, and this did not present a logical type of path. NE� said that anather point vras where were the facilities that this proposed route ti,1as trying to gain access to? The various p�rks,.schc�als, such as the Junior and Senior High School, Corr�mons Park, etc., would loy�ically be the points where thESe bike paths should lead. He continued that in loo!:ing at the map, there w�re fe4d points of interest west o�F East River Road. I-fe said he though�L these paths sti�ou1d lead to the above ment.ioned areas, plt�s hlaor� Lake and the.Ho11y Sl�opping ar�a. Al1 of these areas arc� east of East River Roaci, and even east of Univers�ity �lvenuP. He asE;ed if the pro{aosed �1a.n had approv,il of the schools, Georgeto�rm Apart���ents and F.M.C.? Mr. 6aurdman said they did not have tiiat - ap�roval at thi s time as thi s ��as only a piroposal or, where they wou 1 d 1 i ice �the bikeN�ay to go. Mr. Slater asked Mr. Boarciman if he thought they urou1d get that approval's Mr. Boardman said he wasn't sure of the Geargetwon approval, but th°re were other alternatives. He said that th� bik� paths that ti�rere se�t up in this area t�lere no�t primari ly for getting same�v�ere in a hurry, but were for a sceni c rotate that v�ou�l d join u�? with the Minneapolis system. He said �hat this was what they wpre proposing along the r�ver. Mr. Moen said this bikeGv�ay along the riv2r was in Stage 5, which was a long way down the line. � Mr. P+loen said that what they were primarily concerned abou�; at this time, was Phase I, 1UI11Cf1 was the foundation on 4vhicl� the et�tire system would be built. Mr. Slater said he thought that if the biketi��ay ��as on Main Street instead of along tf�e river, that this t�ould be a good route to tie into the h1innespolis sytem. Main Street was a side street, and after the Camden 6ridge ���as back in, i� wou�ld tie in with the Camden Parkway �vhich he felt would be part of the Minneapolis sytem. Ne said that Main Street u�as elevated, and as far as a scenic route he thought you could see more that way than having the route along the river, arid this could be joined to the trail system at Mississippi. He felt this trail could go all the way �to Blaine and Coon Rapids on the east side of East River Road. Mr. Moen said the reason for having the trail on the west side o� East River Road was so that people could ge� to the center of Fridley easily. ' � � �! ��I � ' � Citizen E�ikewa�r/Walka�a r�Committee Meetin - March 5,_ 1975 4 pa�2 � A Mr. Slater said the people arounci Rivers:Edc�e Way didn't think it made sense to have this bike path come into their area. Mr. Moen said the park survey showed that 2/3 of the peop1e i�t this area o�vn bicycles which was the second highestconcentrati��� of bicycles in the City. Mrs. Catherine Anderson, 132 Rivers Fcig� Way, said that Mr. f3oardman ��inted out to her that the bike paths were on the east side of East Ctiver Road just at�ove hlississippi, and she thought the b�ike�iay should stay ot� the east side of East River Road. t�r. f3oardman said this was an alternative. Mr. Gerads said the reason this bike path zig-zags uras because they t�ere trying to stay on the streets as much as possible. If they had a straight path, it wculu involve developing these paths at a considerable cost, and he was in favor af keep�ing the costs doti��n. Mr. Roy Rucinski, 124 Rivers Ed�e 6Jay, said he felt that if the bike:path went next to the river that chi�ldren on this path ���ould be stopping along the river, and the City would end up with more than one dro4�ning. Mr. 6oardman asked if he would be less worried abaut the children riding b�ikes on East R�iver Road? _ Mrs. Anderson said that little children would net have any access to this b�ikeway, because they wau7d be run dovm by bikes, so the walkway would be useless. P�Ir. Boardman said he realized that there was a problem in this area ancl this was the purpose of the meeting, to come up t��ith an al�ternate route wi-thout using the a�alk- ways in the area. He said the Committee had to take �nto consideration that the County is going to expand East River Road ta a 4-lane highway, with a divider down the center, just like it is further south. �r. Boardman said he real ized that bi keways and ��ral k,�rays were not necessat�ily � com��atible, so he felt the people had a legitima�:e complaint, es�ecia1ly when you get into an area where there was only 4 feet. He said it was tl�e Committce's recon�rnendation that in �those areas,signs wou7d be put up instructing the bicycl�ists � to walk their bikes through this area, which he knew would be tough to en��orce. If the bikeway yoes on East River Road, we will have to take measures to protect the people�from tne 18,U00 or 19,000 cars a day that travel East River Road. � Mr. 6later asked why they didn't push the bikeway over to Main Street where there isn't that big of a traffic problem. Mr. Boardman said there wer� problems on Main Street also. Mississippi and 61st were botli problems as far as getting off � Main Street and onto the route again. He said that if the crossing was on 61s�., it would cost in the neighborhood o�F $120,U00. ,, Mrs. STa�:er asked ti•�here all this money was coming fro�TZ. I�lr. Board�nan said the � 6ikeway Committee was recomfnending about a dozen fund�ing sources and ti,�ere not recormnending that it be added to real estate taxes. . ' ' � � Mrs. Anderson said that another thing which hadn't been mentioned and might seem like a small thing, but that �vould be the trash generated along these bike ro�ates. She said she got trash frorn the wali«Nays now. She also wondered how they were going to keep the mini-bikes and motorcycles off these bike routes. , Mr. Moen said the Committee had been over and over this problem. He felt it was up to the citizenry to stop mini-bikes and motorcycles from using these facilities. O � Citizer� Qikew�/4lalka�ay Comntittee Meeting - Marcft 5, 1975 Pac�e 3 �V, � Ne said tney should be vigilant and report any viola�ions. Mrs. Anderson said she didn't «ant to be a recreational bat7y sitter. She said that wtith this propos-.�l,: the neighborhood feels i� is giving up i�Es privacy for the second time, and we don't t��ant : to da that. � Mr. Moen said the Committee was as convinced as the people in the area t��ere,that a bikeway would not go alon�t a 4-foot sidewaifc, and the purpose of this meeting t�+as to figure out an altern�lte, feasible route. Jan Thomas said she couldn't see eliminating the roui:e along the river in Phase 5 because she was sure the Minneapolis route would come along the river. C�1r. Baardman said the real problem they had to solve was that right no�f� 75% of ' bicycle usage t�,�as for recreat�ional pu��poses, so people u;eren't too involve;l in trying to get frcm one area to ano�her. Fie feit that both aspects shouid be considered, the � �use of bicycles for recreation purposes and as an alternaie transpor•tation. Ffe said � thaf. when famil7es use bicycles for recreation ;nav�r, they ride arourd in their o��m neighborhood. We �vant to get thern on a scenic route with a way to get to parF,s and other recr.eationaT areas ��rithout havir�r, them go through a lot of hassle of fight�ng auton�obi1es and natura7 hazards. He said that a lot of bieycle traffic happens during � the day, and there are a lot af tr~ucks on Main Street if this was used for an alterna�ce route. Mr. Richard Harris, 6300 Rivervieu� Terrnce, said he didn't see how there cauld be a bi keway on the sl udge pi ts 4vhere the ��i nneapol s LJa ter Works were 1 ocated. F;e thought the•re would be a problem a1-1 through this area. Mr. Boarciman said the rou�;es � could be modified to fit into �this area. Mr. Harris said he would like �to visi�; this area W1 tii I'�lr. Boardn�an because he di dn' t feel a bi keway coul d go i n th�i s area . I Jan Thomas said she �vould be very opposeci �to haviny a bike roul;e on the sam? streets that were also truck routes, like l�ain S-treet. The cabs of the irucks v��ere high and i t was difficult for the drivers to s�e the bicyclists. � • Mr. Boardman said that if the bikev.�ay was developed along East River Mississippi south to 61st, cross at the light at the schoo1, and then run East River Road to the south eclge of ti�e school property, and then cut 'i�r � Island; he thou�h� this would be directing a lot of the tra�ffic from the and onto th� bi keivay systern. Road �From it along into Chase�-s ; area in question � Mr. Slater sa�d people were crossing the open school yard now, and they couldn't find anyti�ay to control it. There were even mini-bikes using this route. Mr. Boardman said bicyclists will us«ally take the easiest way and once the trail � sy�stem is set up, a blacktopped trail would be�the easiest way, especially ifr �,re are talking about people that live outside your neighborhood. He said that by eliminating the bikeway in this neighborhood, in his opinion, would no�t elimina�tP the problem they � are having Gvith people in this neighborf�ood and the walkway. He said the Committee tvas establishing a bikeavay system for i:f�e entire City and he didn`t think this system would cause this neighborhood more problems than they had without the system. ,. � . � Mr. Slater said the people in his area didn't think it 4vould�'.be much of a prob1.e,�� fo the�n to get on to the system. Mr. Boardn�an asked ther�i how they were going to get on it? .They would have to crass East River Road, or go back to Mississippi Way and then eross �with the light at Mississippi Way or use the present walk���ay and cross school pr�operty. 'Mr. Boardman said we are trying to solve your problem of having outside people come in and use the walkway that was set up for children in this area to use to get to Stev�nson school. ' � � � � C Ci ti zen Qi ke���ay ;WaT kw� Commi ttee Meeting - March 5, 1975 Paye 4 Mr. Geracls said that in view of the prublems we have heard this evening with the bike�ray south of I.69�, and the probleiT� we have in this neiyhborhaod, he personally would like to have the bikea�ay cut off at Mississip�i and East River Road, and take another loo;< at the plan oF coming up t�lain Street, vahich is a wide street, and conie all, the way u� to Mississippi, and elimina�e coming from Main to 61st. He said that when they had origina�lly discussed a culvert at 61st we 4vere talking about $60,OOU and no�� we are talking about $120,000 for this culvert. Mrs. Slater said that with all the maney involved in this bikeway, how many rnonths � of the year.could it be used? Mr. Boardman said he thought it could be used 8 or 9 months of the year. � � Mr. Boardman said that wh�n they talked,about having a t;rail systQm along the river, they d�idn't necessarily mean on tr�e river bank. They have the area bet�•,�een East River Road and the river, to G�.�c���k out a trail system. He said that all the Cornmittee was saying is that they want to develop a schen?c rou�te that woalc! tie in tritr� th� Minneapolis system, and wneiher this route goes along the river or into the h1etropolitan sewer area, or ho« it goes, ���ill be something that will have to be worked out. 4Je are nat saying that this is the exact way this �rail has to. go. � Mr. Slater said he thought the Com�nittee should give consideration to using Main Street as an alternate route because of the probler��s a bikev�ay in his neiyf�borfiood would have. Mr. Moen said the Committee would be glad to consider an alternative, but they cauldn't consid�r that this neighborhood ran all the �A�ay to North Park. Mr. Slater said the people in this area have just about had it with the walkway, and with �the announcement o-F a b-ikeway coming in this ar°a also, it was just too much. Mr. Moen said that if there was an access here without even having to go past � the schaol, this might help the �roblem. He Su7CI tV1E reason the CommitteE 4VdS avoiding using East River Road like the plagu� was because a1thouyh -there Urav a speed limit�on East River Roa�, people do exceed this 1imit. Witn a bil<eway on the boulevard, there � wou�ld be danger of flying s#:ones or� cinc{ers being tP�ro+ran off East River Road ancl on to the people us�ing the bikeway. � Mr. Boardman said tha�t when th� bike�vay stays off East Riv�r Road and c�oes �nto a residential area, tt�en you can just 'sign` it, and �it reduces the cost factor. con- siderably. If we have to go to an 8 foot bike path on property, then you ate ta1{.ing about acquisition, condemnation, and lots of other prob�lems. One of the purposes of , the plan tvas to serve as many people as possible with the safest system that can be provided, for the least cost, and that vras the main reason for_getting off East River • Road. ' � � C� ' Mr. l3oardman said there tivere a number of small parks in the Riverview Heights area where he thought useage would be encouraged by a b�keway system. He said the in time, small nicnic areas could be included a1ong the bikeway. He said the first two phases of the bikeway system were concernecl. with getting access for the bikew�y. Mr. Slater asked where the biqgest problem area was. Mr. Boardman said it was crossing Mississippi Street. There were 444 clrs an hour on this street no�v, and this will increase when the underpass is put in. Mississippi Street will be depressed from 2nd Street on, and 2nd SL•reet will not have a controlled access, and we want the bikeway to cross Mississippi at a controlled access. � ' Mr. Harris asked Mr. f3oardman where the money would come from to maintain this � bike�vay? f�ir. Boardman said he was talking about $25,000 every two years, wnich would � Ci �ti zcn Bi keway/l�Jal kway: C�mrni �ttee:M�eti ng � March 5, 1975 _ Pa e 5 �D � �e used.for striping._;He said they were going to try and get the County to do the striping alony East River Road. They are doing i1: in Coon Rapids, so he thouc�ht Fridley should be able to work with them for the same service. Mr. f�oardman continued � that this monE�y ���ould either come aut of general revenue or MSAS funcl�. He said a lot wi]1 depend upon wf�ether the Coi�nc�l wants to put th�s system in as i� is proposed. It could then be budgeted as a maintenance item. ' � � � � � Mr. Qoardman said that if the b;i:euray system ended at Mississippi, anyone who wanted to go to the Island's of Peace Nrould go through this area anyway. Mrs. Anderson said that if people aren't fainiliar with this area, she didn't think they would be ccming that way. Mr. Boardman said it had been proposed by our naturalist that this be designated as one o�F the five natural history areas ir, Fr�dley. If this was done, and it vaas publicized, then it 4�rould be visited by school groups, etc. He said th�re hav� already been a lot of visitors to the Island's of Peace and it will become p;��licized all the ti�r�e: Although there aren't bikepaths on ihe Tsland of Peace, people wili �e going there by bike, and if they look at a map of Fr�idley, they will be going througl� this neighborhood �nZess �there 4�as some system directed around the n�iegi�b�rno�d. hlr. Boardman said this v��as just a recomrnending Com�l�ittee, and Council would have thr� final say on the bikeway. He thought the b-ikeway proposal would be considered by tf�e Counci�l in April or later.. R discussion fallo;,red by people in the neighborhood who thought there should be a better way of notifying people who could be affected by this bikeway and ��ialk4��ay. Mr. Boardmar� said there v��re 32 mil�s o-f routes, and it would be very expensive to . notify everyone along the route. Ne said it ��as publicized in the Sun Ne��rspaper, on Cable T.V., and also oi� the City bulletin boards. Mr. h1oen said he unders�tood Nahat the people �vere asking for, and it was difficult to be for or against something �vhPn you weren't sure wha�L the proposal 4,�as. He said that where acqu�isition �f property 4^tas concerned, those people t�ould be not�ified, bu�; as this tivas a C�itizen Cc�mrnittee ��,�ork�ing wiihout any buci�et, it would be impossibie to have mass mailing. This proposa�l tvas only a recom�l�e►��lation to the Counci 1, so nothi ng �vas final , and he vaa.s sure i t vaou1 d be publicized 4��hen tne City Council considered the recommendat�ions. H� said one o�F the things the Co���mittee ti�aa.nted to do uras to take a drive a1ong the propased route and see how it wou1c� affect the diffierent areas. Mr. Geracis said he would like to recommend �that we table that route east of Fast � River Road for the tin�e being, and that we erase the �roposed route go-ing through this neighborh000d, and give strong consideration of goi��g all th� �vay from I���ississipp-i to the border of Fridley, doUan Main Street. . . � � � � ' Mr. Jerome Krist, 14B Rive►°s Edge 6Jay, said he didn't think the City Council ���as going to agree with this recommendai;ion because the first thing they were gaing to ask was how people would get to the Island's of Peace. � Mr. Qoardman said that his reconimendation would be to go down East River Road to 61st on the east side of East River Road, cross East River Road, at the lighi, go down �o the sou�h boundary of Stevenson school property. He said tnere was a pretty good chunk of land bewteen East River Road and the school property, go doG,:n to that ar�ea with your bike system, and cross the school property on the south boundary, and at that point you ��aould cor�nect i.�p to the Island's of !'eace. Ne said that if they wanted to scrap the route south of the Tsland's of Peace, it was felt that tliis part of ihe route was on a long ranc�e p1an, s�y 11 or 12 years from now. Mr. Qoardman said it may be possible to get federal funding on the part of the route that goes along the river, � . l5 E . . . . ..... ... ....... ... .. . . ...... . ...... Citizen Bikewa /4Ja1k���� Committee Meetinc��_March 5, 1J75 Page G �ecause this wauld be the part of the ro«te that would tie �nto the Minneapalis system. He said M-inneapolis already has a system that will be coming aver the Carnden Bridye at the river, and one �hat ���ill be coming from St. Anthony Qoulevard and will come across the Columbia GoIP Cot�rse. Mr. Ge•rads said there had been a lot of discussion on alternate routes, and he thought that befare a decision could be made, the Qikeway Committee avould have to go out and follow these alternatives, before they could make a goodrrecommcndai:ion. Mr. Qoardman said that �rhen there was a marked bike system in this arca he didn't think it t��ou1d cause this neighbornood any additional prob1ems because people from outside the area would stay on the syl;em, rather than bike across the school property and go into an unfamiliar area. The Committee scheduled their next meeting for Narch 19, 1975. Chairman hloen adjourned the meeting at 9:55 P.N1. Respectfully submi�tted, ;�� � /'� / � 'a,�,:H^;;;� f�` . �'\ :vj� ,; ±._ a . � .r,,..,. .� /_ ___—... ,_ _� �._ � :���''_ _____.,�_.��_ - -- %JERROLD 6�F�RDi�iiaN, Planning Assistant / ` � � , n � � � � � � 16 CHARTER COMMISSION M�ETING February 18, 1975 MEMBERS PIZESENT: Ray Sheridan, Herbert Bacon, Ole Bjerkesett, Edythe Collins, Harry Crowder, Jackie Johnson, Elaine ICnoff, Peg McChesney, Roy McPherson, Jerry Ratcliffe � r�MBERS ABSENT: Clifford Ash, Francis Casey, Jack Kirlcham, Robert 0'Neill, Donald Glegler Chairman Ray Sheridan opened the meeting at 7:50 p.m. r10TI0N BY HERB BACON TO APPROVE MINUTES FROM THE LAST MEETING AS RECEIVED. Seconded by Ole Bjerkesett. Mr. Sheridan read a memo to the Commission from Marvin C. Brunsell, City Clerk, dated February llth, which expressed his feeling that this week should be the last ditch effort to give him sufficient time to print up ballots and publications for the special election being held on Tlarch 25th. The reason being that information will be needed for absentee ballots which of course have to be mailed prior to the time of the election. Mr. Sheridan stated that he had drafted up a letter to be sent to the Honorable Judge Gillespie considering the court to appoint persons to fill the vacancies of two year an.� four year term members. Lists would be made up indicatzng active members to continue on the Gommission and names desiring to serve again. Also, those persons who indicated an interest in the worlc of the Commission who would serve if appointed. The Commission has advised the City Council of vacancies and suggest they might also submit the names of people who would work. Hopefully, these names w�uld be of help to the court. A copy of the list of vacancies will be sent to the City Clerk. ' The letter was open for discussion. Peg McChesney recalled that there are two people who's terms will be up which should be pointed out in the letter. She also relayed the opinion of Jack Kirkham, Cliffor.d Ash, and Robert 0'Neill to be replaced from their two year terms on the Charter Commission. Elaine Knoff suggested the letter be revised to say that the total number o� the eight two year term positions expire this month. Jackie Johnson submitted to Mr. Sheridan a letter of interest to serve on the Commission by Mrs. Karen Jphnson. Mr. Sheridan also suggested Mr. Ken Brennin. MOTION BY OL� BJERK�SETT STATING THAT ANY MI:M�ER OF THE CHARTER COMMISSION WISHING TO SUBMIT A NAME TO FILL WHEITEVER VACANCIES MAY OCCUR ON THE CHARTER COMMISSION, SUBMIT THOSE NAMES TO THE CHAIIZMAN NO LATER THAN TH� 24th OF k'EBRUARY. Seconded by Edythe Collins. Upon a voice vote, the motion carried unanimously. Mr. Sheridan referred back to the minutes of the last meeting td a motion made by Herb Bacon and seconded by Elaine Knoff, that the Council consider each individual ammendment on its own merit, voted upon singly and those they cannot vote upon bring back to the Ctiarter Commission with their reasons why. Page 2 l6 A � Mr. Sheridan reported that While at a C�.ty� Counci,l meeti,ng� one o� the members � xequested that the Commission go over the proposed ammendments and screen them out into two catagories, those that the Charter felt there was controversy on and those that followed ordinances. Then give them to the Council so that they could 1 just act on those thin�s that are in there just basically to clean the present Charter up. Those that the Charter Commission thought the City Council might not act upon, could be set aside ar.d put on the ballot for an election. � ' --, � � � � ' � LJ ' � � , � ' Elaine Knoff thought it impossible to regroup the ammendments. Ole Bjerkesett felt that they should not tiave any ammendments Put on the ballot for the March 25th election, but to have them put on for the general election as a revised Charter. Harry Crowder felt that they should still submit it to the Council, if they approve it, fine...If they don't, then ask why. THEN, submit the revised a�lendments to the public for their vote. Ole said that whatever we propose, it should be presented as a constructive change in the interest of the taxpayer of Fridley, rather than a political ambition. If they have objections to it, fine...let us submit our recor.imendations to the Council for their criticism, with that we can decide whether to revise or let it hang the way it is and we still submit it as a revised Charter. Mr. Sheridan stated that once it is acted unon, under the ordinance, then there is a time period after which those changes become effective and a part of the Charter. Any revisions may be made afterwards, Ole was concerned about the changes that they do not approve. Mr. Sheridan felt that the Council should have the opportunity to use the option of adopting as many as possible by ordinance provision and then from there the Charter Commission can either review it again and make additional changes if we think it is necessary, after some additional input, or we can just take them and make a revised Charter and run it through with one issue on a ballot or take whatever is left and put them on as an individual issue on a ba.l_lot. If they turn them all down again, say OK, here is our revised Charter instead of 24 separate issues. It was agreed upon unanimously that the Charter should be submitted to the Council after the special election of March 25th. The meeting adjourned at 9:00 p.m. Respectfully submitted, � �,�.C�..Q/IL. ��C�2� Recording Secretary � , i � � � ' ' � � � ' � � � � � ' 0 � v M O <D � N (� � � � Q � 0 � w z z � � w J � � � . � � Q u� _ � � 0 z w � z W > Q } � � � w > z � � a w H Z W U V U �/ ��� o ����,��'�� March 10, 1975 Mr. Gary Knudson Account Supervisor Northwestern Bell Telephone Co. 15 South 5th Street, Room 200 Minneapolis, Minnesota 55402 Dear Mr. Knudson; This letter is to follow up our conversation of Wednesday, March 5, concerning your new 201 telephone system. As you know, we have been exploring means of providing more efficient telephone service to the City offices, and at the same time cut costs if at all possible. We have received quotes from other suppliers for providing telephone equipment for the City offices, You have recently made a proposal to us called a iwo-tier pricing plan. This plan offers many of the advantages of an outright purchase of inside teiephone equipment. This two-tier pricing allows the City to in effect pay-off a portion of the investment over a five, eight or ten year period, after which time the rates to the City would reduce. Under your proposal, the rates for the first ten years of the two-tier pricing system would be approximately the sam2 as the cost per month for the system ��e now have. Thereafter, the City would save X dollars per r�onth compared to the present system. If the City speeded up the payment schedule, there would be a savings to the City before the ten year period. This pay-off schedule could be as early as five years under your proposal. By cutting out certain key equipment, which this new system will allow the City to do, the City could either reduce the monthly payment or pay the system off quicker, thereby, saving a greater amouni: of money far the City. In any event, it is our understanding that by going to this new system, our cost for the City Hall service would remain the same as with the present system, or could possibly be reduced. I understand the City will be committed for the equipment to Northwestern 6e11 for the life of the pay-off period. � i 1 � ' Mr. Gary Knudson March 10, 1975 �, Page 2 Among the features of the new 201 system would be improved switching facilities between phones within City Hall, conferencing of outside calls, push button dialing, the possibility of restricting long distance calls to certain telephones, etc. I understand that all of these, as well as several other features, are standard features of the system you prapose. Please consider this a letter of intent to order the 201 system. Very truly yours, Nasim �l. Qureshi Gity Nlanager NN1Q:sh � � UA FL•'ATURE COMYA[tISON � OF NORTlIWI•:ST�RN I3F.L.I. AI.LCOAS CSS 201 Dimension I T/R System 32 USER I�'FA'1'Ul?E:S � Use of Touch Tone Yrys Direct Out�aard Calling Yes Extensiori to I:xtenssi.on Calling Yes Extension Holct on 5in€le Line Phones Yes ..- Consultation tlold of "All. calls Yes Add-On Confcrence of "All." calls Yes Transfer of "A11" calls Y�S Call Waiting Originnte �es Call Waiti.n� 'Lerminate Yes Call Zdaitin� llistinctive •• YeS Call Pick Up Yes ' Originate 2 Calls outside System Yes Programmed ftestrictions Yes•(32) Distinctive Ringin� Yes Station Volume Control Yes C0.]SOLE FEATURES Camp One Yes Direct Station Se].ection Yes Busy Lamps Y�S Light Enuniting Diodes Y�=S Alpha Numeric Display Yes Class of Service Display Yes Calling Number Displ.ay Yes Timed Reminde.rs Yes Trunk Group Busy Indication Y�S Trunk Group �darning Indicati.on Yes OPERATOR CALL PLACEMENT Extension user on line putside line patching Digital Clock Extension Direetory S'IS?'E'�f FF.ATURES Classes of Service � Diagnostic Testin� Power Failure Transfer After Nours Answering Remote Access to WATS Remote Access to PBX st�tions Audio on hold • Universal Ans�aering With or without co�sol.e operaCOr Autornatic c:►ll direct paging access Yes Yes No Yes 32 Yes Yes Yes Yes Yes Yes Yes Xes Yes Yes Yes Yes Yes Yes Yes Yes No No No Yes Yes Yes (8) No Yes Yes Yes. Yes Yes No No Iv o Yes Yes . No Yes Yes ��� Yes 8 Yes Yes Yes No No Yes Yes Yes Yes PRI:SI:NT 5YS'CEFS 800A P13X Scries 300 Yes Yes Yes No No No No No No No No No No , No No � Yes Yes Yes No No No No No Yes No No No No . No No No Yes Yes No No No No Xes No 1 � ��� � , ' 1 MEM TO• Nasim M. txreshi Cit Mana er 0 . Q � Y g , ML]�tCt FR�M: Ricl�ard N. Sobiech, Public jVorks Director DATE: ISUBJECT: i � , Maxch 12, 1975 Lease Agreement with Unity Hospital for Park Land Attached please find a lease agreement negotiated with IJnity Hospital £or use of certain hospital property for park pur.poses. This agreement was a result of a stipu- lation to the appxoval of a Speci.al Use Permi.t granted to the I�ospital on October 15, 1973. The agreement basically allows the City to use the property north of 75th Avenue N.E. between 5th Street and Lyric Lane for the purposes of developing a public park. (See attached map) ' The terms af the lease ca11 for an original term of 7 years, which term sha11 automatically continue until termi�zation by the I-Iospital or the City of Fridley. Termination of ihe lease after the expiration of the � � original term wi.11 be granted by at least a one year written notice by either party. � Initial negotiations on the part of the City called for a longer term lease with the possibility of ihe City paying the special assessments against the leased property; ' however, due to legal commitments by Unity Hospital, pay- ment of the special assessments by the City coulcl not be made, therefore the initial 7 year term with automatic renewals was agreed upan with the idea that the City would � not be obligated to pay anything to the Hospital. The agreement also indicated that the Hospital will petition the City for vacation of 76th Avezlue and that the City would , waive the fee fox the vacation procedure. The lease has been reviewed by the City Attorney, Finance Director and the Parks and Recreation Director. , � Ii is reQuested that t}ie City Council consider appxoval of the lease agreement at the Meeting of March 17, 1975 and recommendation is made to authorize the City to execute the agrcement and waive the filing fee for the vacation application. 1 RNS/jm 1 � � ; . , LEASE AGREFM�NT THI5 AGREEMENT, Made and entered into this -S � day of �� , 1975, by and between NORTH SUBURBAN HOSPITAL DISTRICT, a municipal corporation organized under and pursuant to the laws of the State of Minnesota, whose address is Unity Hospital, 550 Osborne Road, Fridley, Minnesota 55432 (hereinafter sometimes referred to as "Lessor"), and CITY OF FRIDLEY, a P4innesota Municipal- ity, whose address is City Hall, 6431 U�iiversity Avenue, Ne E., Fridley, Minnesota 55432 (hereinaiter sometimes referred to as "Tenant"}, WITNESSETH THAT: In consideration�of one dollar and other good and valu- able consideration each to the other in hand paid and of the covenants and agreements to be performed by Tenant, the Lessor does hereby lease, let and demise unto Tenant, and Tenant does hereby hire and take from the Lessor, the real property located in the City of Fridley, County of Anoka, State of Mi.nnesota, legally described as: The South 175 feet as measured parallel to the north line of 75th Avenue N.E. of the followinq described tract: That part of the Northeast nuarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section 11, Township 30, Range 24, lying southerly of 76th Avenue N.E. as shown on the plat of Osborne Manor Second Addition, easterly of 5th Street N.E. as now laid out and constructed and northerly of 75th Avenue N.E, as now laid out and constructed. Excepting from the above described tract all that -1- • � �M `, ' part of the Northeast �uarter of the Northwest Quarter lying in Melody Manor Second Addition and also that part of the Northeast Quarter of the Northwest nuarter platted in the plat of.Melody Manor Second Addition as Lyric Lane. Said lease shall be subject to the following terms, covenants and conditions. l. Rental.. The Tenant shall not be obligated �o pay any � rental for the property. 2. Term. The term of �his lease shall commence on the ' ' date her.eof and shall continue for the original term of seven years thereafter. This 1.ease shall. automatically continue after said i i oriqinal term has expired until terminated as hereinafter set forth. Lessor and Tenant shall each have the right to terminate this lease after the expiration o� the original term hereof by giving at least a one year written notice, at the addresses set forth above� of the inten� of the tenan� to so �erminate and �the effective date of such termination. In fhe event that this lease is terminated, the Tenant shall p�omptly vacate the leased premises and remove any and all equipment, facilities or personal property belonging to it. Any te�mination of this lease shall not impair or effect the indemnification provision contained in paragraph 5 hereof as to accidents, events or occurrences happening prior �o the date of termination. 3. Purpose. The leased premises shall be used for the purpose of developing a public park and for no other purpose. The Tenant shall develop, maintain and police the park at no expense to the Lessor, includinq expenses for street lighting and water and sewer service. Al1 facilities and equipment installed by the Tenant on the leased premises shall be approved by the Parks -2- � � I, � and Recreation Director of the City of Fridley, Minnesota, prior to its�installation. Tenant will inspect and maintain all facil- ities and equipment installed on leased premises. right to post park signs on leased premises. Tenant has the 4. Vacation of Part of 76th Avenue N.E. Lessor shall promptly hereafter peti�tion Tenant for the vacation of 76th Avenue N.E. east of 5th Street N.E. and Tenan� shall vacate said portion of said street and waive any fee for said vacation. 5. Liability. Tenant sha11 indemnif_y and hold Lessor harmless from any and a11 claims and causes of action which may arise out of the leased premisese In furtherance, but not in limitation of such indemnification, the Tenant shall obtain and l8C � maintain public liability insurance in amounts not less than $100,000 for injuries or death to a single individual; $300,000 for injuries or death as a result of one occurrence; and $50,000 for property damage, and shall name Lessor as an additional party insured on such policies. IN WITNESS WHEREOF, the undersigned Lessor and Tenant have executed this aqreement as of the day and year first above written. I;-� ,t�e Presence of : � � , .-�- �' ' .r I /, L `L�! ; � :'�-'GLQ' -1L-;7 �rt j ��/,f�-j�'i,. � 7�ai��-�-� ' ?� ` ' ' NORTH SUBURBAN HOSPITAL DISTRICT � � � By , .i s c�,G,..�,..-��-, ; CZ . _/L�-r�-�%� t S / i' �. ' � CITY OF FRIDL�Y By Its A�layor Its Citv riana�er ' _3_ . 0 � , . t' ' CI'I'Y OF FRII7LL:Y b9TNNI:SQTA PI.ANNThG A;•J4) Zn1�INC FQP.Af , 1vtIbSBIiR NORTH SUBURBAN HnSPITAL DISTRICT AI'PL�C 1;�'1'' S STG'viilUitii By : _ Its Chairman Address _— Tr.lcl�honc Numhcr ?86-2200 PI:01'L�It'1'Y OIti�I:it'5 SIGtil1'1'UI:L• rtddress 'Cclephonc Numl7cr St7�cet Location of 1'roperty TYPE OF REQUCST Rczonin� • ( a Special Use Permit Approval of Premin- inary t; Pinal l�lat X Streets or J�llcy �! �^^ Vacations Other Feewaivedizccei��t No. , . Lc�!c�l f)escript.ion of Propcl•ty 76th Avenue Td_,F; East of 5th 5tr�.� LZ.E- ' � [� � Prescnt Zonin� Classi�;c,:tion Ac7-c�ige of Property I:xisting Usc of 1'ro�crty tinimnroved stre�t Qescrit�e briefly the proposecl zoning classification or t.ype of use and improveme:nt l�a'o�>osed vacation of described street llas tiie present applicant pl•cviot�sly souF;h� to r.czone, pla*, Ot�L1111 a lot ��plit or va�•itlnce ar special use pei�mi.t ori thc sul>ject site or part ot it:? yes x no. 11�iaL �a�is requcst:ed and �+�hen? . ____� 0 17ic undcrsi�ned ui�derstzncl5 that: (��) a list of_ all resi.c�ents �nd o�.mcrs of pr.operty � trit-l�in �OO fr.ct (350 fcct for rc_°oning) must bc attacl�cd to t.his application. (b) 7'liis ar���licat.i.on �inist be si�}ncd b}• all o�ti�ncrs of the l�roper�)', or an ex��lanation �iven �;hy tliis :is nc�t tlic case. (c) }:eslx>nsi.bili.ty for- any dc:i'ect in the ��i•oceecli.n�_; � r�:sulrin�; f�•or;� t.hc f<�i lurc to list thc� n<>>?�cs and acldresscs of a11 resicic�ri:s an�l l�rc���crty o�ti'ncrs of i�roJ�c?'ty in qtzcstio�i, belui�gs ta tlic tin�lcrsi�;�ICC1. ' � � ' A skc�tch of }�r.oposccl }�ro��c.rt�y and structurc ��u�st bc dra►.m an�i at:tachc�cl, .showing thc follo�cinf�: l, Norih �lircct�ion. 2. Locat:on of }�rol�osccl structtn-c on Lhc loT.. 3, Dinirns��oils o}� l�r���crty, pranoscd strt�ctlii•c, atici froitt �incl si�lc sctbaGks. 4, Strcct i�lcimcs. 5, l.ocati.on .incl usc of .icljsiccnt cxistin�; huilcli.n�;> (tai.thin 300 fcct�. 'Che uticicrtii�ned herel�y cic:clares that <ill thc facts ancl rcpresenttitions stated in this u��l�l i c.1i 1C)il ��rc truc Ai1CI corrcci . r 1111'1'li � fe�, ' I `11 y SIG�11'1'URE � i� –: ' � — — �' (/1('PLICAti'!')NO 'I' SUBURBAN HOSPITAL DISTRICT By Its Chairman u1L�� r��i�a Datc of llc:�rin� � Pl:nutinF; Cc>iu�ais�ic�n APti�rovc:d (tlatc;;) t)cnic:�l , City c.��3„��i Apj�rovccl� t(11t:CS� t1C113.C(1 ,�rt � . I.' • �., . . a 1` \ '� . � . f� . 18 E • • . . . . `'` '. . . . � . . . . . . � . . . . , I ' • � • . . . .. . . . . . � .. � � � . � • .. .. � . j . • . . /�'' . _ . . .prS� i ' _ _, . _. ___ . ... . � _ ._. . , . --.�Y--"' '� �� , Y CO r'NER . �, , � �= . , . , . _ . t�l . 1 . cc-G� / � .. . � r�.- 4 { �� ... �± .�..._ .),. ( T� I . r.Ka.. � r ii�P/,^ -+_ � �7,f..��`�e SL7:U'N `�.._�.l„• _ ,{�'. 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N .�, � '�' _..._I•,.1"1� � � , \a ��� � � � �: _ � � � �� .� ��t , r n . , '•�. 4`0� ,r�� ,;;;;!13 "` �,�{, � � ti `� � •, h,' •:f, �'y �.` �{�.' � 7 �' . la.. ,s . . � 4 • j � � .� F � � � -. s;, f� . ; ' . , `- .��, '' H/� 9��IY� p s �y i p+ � p w, •� � � ;�, ! 1 4' � 6 4 � ` ��i . ` � � �� �\' � _ . ll r o� '°��1 � t��.. t R ; ° �J A � r ! � 7' �b' n►� �t y` �\ (j �., . . ��4 � c �, i�'n' -�. . yi, �� �� „� f ti ;r J�•� �w... J� t�o � y(} d✓�, k ti /� �,�° N� _� S \ �7• �!y \� Yl, .�� � ) ' � .ti n. 1 � � x:� ( �1 :. M'> �� ....:...� _. r M _,7�'l�l a• �� C^ � n.� y • f�� '\ �� !,,(�\,.�': ��� ��< � < < , i , . . �p ti y ..r. !t-� d ��, 4��' ' , MEMO T0: Nasim M. Qureshi, City Manager M�MO FROM: Richard N. Sobiech, Public Works Director DATE: March 12, 1975 SUBJECT: Weed Mowing Contract for 1975 Attached please find a memo from the Purchasing Department which indicates bids were received for the 1975 weed mowing contract. As noted the City received only one bid. Please be advised that proper notice to the official newspaper was given and an appropriate amount of time �� for the notice was provided. The 1975 budget provides �8000 for this contractual , service. It is reauested that the Council receive the bids at the Regular Meeting of A4arch 17, 1975 and the recommendation is made ta concur with the Purchasing � Department and award the contract to Mr. Brian Germundsen for 1975. ' ' RNS/jm Attachm�nts ' ' ' , �J f �, II ' ' � � ' ' [� ' 1 ' ' �J ' MEMO T0: Mr. Richard Sobiech, Public Works Director FROM: Gordon Middag, Purchas�ng Department DATE: February 20, 1975 SUBJECT: WEED MOWING CQNTRACT Bids were rece�.ved and opened for "Mowing and Cleaning or �praying of Property for the City of Fridley" at 11:30 a.m. on February 18, 1975. The City of �'ridley received only one bid as follows: Mr. Brian Germundsen, 6901 Magda Drive, Osseo, Minnesota. Mr. Germundsen contracted for weed mowing and spraying for the year of 1972. The relationship between Mr. Germundsen and the City of Fridley was very satisfactory and his contract for such service was also satisfactory. It is the opinion from the above experience to award the contract to Mr. Brian Ge�mundsen for the year of 1975. Find attached copy of: A. Report of Bid Opening B. Copy of Mr. Germundsen's Bid / � ' ' BIDS OI'�NL-'D I3Y: Gox�don �) � B ' Darrel (.�dx�x CITY OP �'RTDLEX I� � MOWTNG �1ND CLEANING C NT 0 Rf1CT BIDS OPENED ON �EBIZUARY .l �, 19 7 5!�T . l l: 3 0 �. I�'! . ' . � T��actor w/side ��m l�iower os�� �'er Hour �'ractor wi�th Pu11 Mc�wer or F1air Type , c��ta�y TyPe or c uivalen-� c s�t Per I-Iour O�ex�a-tor �os�t Per Hour �iding Id�aer Gos�t Per �iour �� - - -- p��rator w/ i�zimum 20" Cu�t os-t Per Hour or L�zl�ger o�.-t Per Hour ar:d rlowing i�r ui -tin� Per Man o� �L P�r IIotir ',�prayin�;�, Labor E �qui.pment (Cos�: of ! ��ray used is addi�lion o auove) i- Cast Per Hour I3rian Germundsen Ossco, P�inneso�ta MEMO T0: MEMO FROM: MEMO DATE: SUBJECT: PUBLIC WORKS DEPARTMENT CITY OF FRIDLEY Richard Sobiech, Public Works Director Ralph Volkman, Superintendent of Public Works March 13, 1975 , Truck Bids for 50,000 G.V.W. Dump Truck Please see attached memo from Art Olson, with other pertinent information. I concur with his recommenda- tion to purchase this truck from Art Gobel Ford Company. Also, in our Capital Outlay Budget, we have $25,000.00 remaining. RV:ik Attach: 2 'V C�/ ��-�Lt�LCL� RALP VOLKMAN Superintendent of Public Works 0 20 ' PU�L1C tUURKS ��V1�RTM�N7' ' � A C7Ty U� FR7DLZy �' � , � �: M�tiiO T�: Ra.eph Va�.fzman, Supeh�.��ie�lde�� a� Pub.P�i.e �ianfz� h1FMU FP.OM: A�r�hun U-P�san, S��cee�t De.pan��nevr,t Foneman MEh4� DAT�: Mcvt.ch 12, 1975 SU13J�CT: Tir.uc(z �ticGs �yvn ;0, 000 �. V. �U. au►n� Tnuciz , ' , , ' ' ' � A��e�c a ccuz.e�ye� nev.iew a� �,(2e b�.d� �uC�m��ted by �I�.e vcur,i.au� �r.ucF� dea.�etr� 5vn. �tie �L�cew�� a.dve��`.i�ed 50, oaa c. V.tU. dwn� �ucf2, ��t.e- carnmev�d �he C-i.ty puncGea�s e Tnuef2 � 1, a L T S b 000 �and u t a ne:t pn,i.ce v � $19,4�0.00, �ha� u3a� �ubm,i�-�°ed by �(2e A�'c:t Gab� �=vhd Com}�any ob Caai�. Rap�.d�, M�%►�.v�v�a��.. 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The.y a-P�o b�d a 320G Ca�e�c.}��Pcvc �tie�e,� �t�g�►2e, Gtawev�c, u cdiec.�i w,i�h �he .�vca� cf��ubu�an �a�i �Fte Cu��tc.p,iXX.r.�i ei2g�,�e� rce�an�� �:Iza.� Cc�te�c.��,i�Q�cvc. dae� yiv� munu�ae.tu�r.e ar2 ev�g�.ne w��:h �tiu.i v�eunbeh.. ' 1 ' AD: �.Iz ' � ' ' � -� °° .�-���'�` �Rr�ruR v,c.sv,v S�cee.t �epah�ine►�,t Fanema�. ,I i � � Ei x r-1 G 0 0 � m ri .� o ,-i +� ro � x ¢ � R�. � � i w� A F� W (la � � a W W W xQ , � � � H �• z ' 3 �II a �-a] 3 [� o H L�+ � x � U c� H H a w � za ' � 4', O r�-1 p.� Q r-�1 fi] . 'Q i�: . E+ Ul � N 3 � �-W] H H O � v a � rn a � �� � �� A � Ha x 3 U ,' � U O 0 2 o O o A C�-� ' �n j.] H z x o a �� i+. O H W (Yl Vl �A A F-1 H PO W �. 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O � �d O N rom•� � N � N � N a) m � N O O O O O P � rn N � H H O O � P n 6w � O e-{ N O C] p O � � N N c7 0 u� o �� r-( M N N � �U O � � � U S� t •ri X v r�� � � i m wo •.-I o ,-� +� ri ^� fy ^ �-' N r-I rtf Uv1;. i b > r-I CYl � b 'd � c,•r1� o a �-1 � 't7 u/ � •rl A O CL wo�u OUP; ��� �o 0 f-+ � O �r�U � v rob s� a +� N�� H� 00 � o •.-i N r-i U t/> 'O � N �d N 'C3 3ro�a� O 3r+ u -1 U •'-i �-+ar.s+ � •� •.� a� � � I a� � � .� b 0 � 0 N � cD M � � r-1 n � m � � I � t � �� � O •rl r-I i-� � � U U O • �-I a� u � cn •.-i +� u 'O O N •� �� � N � O A � ��I O U f+ N i� � N �. W xz� 1 � r�3 cn •° ro � d s°� a f�.i � N �o G �, O •r-1 H M � O U m +� c� � M ar �n � � a .,� U, �" W � 'i rd c� v u M o0 N N mx> 1-� O �U H W (n N T m b � 0 0 rn 0 � � � N O O � r-I 0 � � N X � x � �u o m cq � m � �-1 �- i U�- +� b � b a� o z .,� +� �3 Sa O 'L1 w •.� U � N .7 � > .-i �Q� ro � a >, � � i-� U �� O > ^ �-+ •.I .-i I� �: � rd �,�a� �; o . H ri F-� p: N (n N > � Q o r-�i T � �� � � N O > � I+.a •ri �-1 ��a ;i O v �n • •rl ao N �; r-1 tA � i U N H � � � W � H W ..] H W � A Ca ca a W W xA �o � >+ H � � � � � 3 W V H H W !� zw H z � W � ro � � r-i 0 0 O rn � H .-7 �-i cD 0 N N W N 3 m 1 N 0 O � H z U N � m 0 N b .,� 0 O 0 � . H a m � m rn � en v° �o �o ,°-� N� � o � W H ra Ga r..i �.-{ N r-1 � m d C) � m c� HH o n; �.; ,-{ cv H i�+ �„ (� N � I N I tA H l � 1 G �+ � ��� � ��O �' •ri r-i +� •ri ri +� �-' H r-1 P: U p. V U p U . �. o�° C1 U N U W N CI W N u� cn •� v� •.� ro H W i-� U � U U �� ��a ��a b w y oo v, .� . 'O �O ZA++ ZGai�-� �c.�) � d N � M �' a v b� v� � U O� > � • a�i� x�� e°'o�w t� z°z U , U N 'O U) � ~tn O F.]� Ar1 N �UQ �n F�a� m auv m o�' o.c� O 00 i� C r-1 +� O� f�+ N O �o a �rn�ia t�n.�7 � N�rl C�n N p�D m v > ,� x o a� � r, �n � }-� o o �1-� o. r. ��� 1: .7 m fr � O ri o[: •�+ 3 v •i� o o� s+ ��•�+ � :c: :� �: c� c� .ti � m 3 m �: 20 C � , . , ' ' MEMO T0: ' R�GARDING: OFFICE Or THE CITY MANAGER CITY OI' FRIDLEY March 13, 1975 HONORABL� P�AYOR AND CITY COUNCIL RECOP,ZIt2ENDATION I'OR. SALARY OF LIQUOR STORE ADMINISTRATIV� PERSONN�L ' In my report on the T4unicipal Liquor Store Operations to the City Council dated �I�arch 29, 1974, I outlined a course of action whi.ch proposed the reduction of permanent help along with the ' lowering of salaries of the Liquor Store RZanager and Assistant Manager. ' �� �� ' J � , ' ' ILJ ' In the above mentioned report, a goal was set for a return of 12.5%o on investment for the year 1974 and 15o for the 12 month period beginning April l, 1974 for the liquor operations. The net worth of the Liquor Stores an December 31, 1974 was °�631,384, and 12.5o return on this investment is $79,000. For the year 1974, the liquor operations earned $107,339, which is a return of 170 on investment. This means we have exceeded our goal by $28,339 or 36%, �vhich shows the performance of the liquor operations has improved considerably. I am taking this into consideration in making the recommendation for the salary increase and periods of employment for the existing Manager and Assistant Manager for the year 1975. The Liquor Store Mailager was making a salary of ,�,�16,200 prior to the reduction of °�2,000 in I�larch of 1974. It is my recommendation now that his salary for the year 1975 be increased to $16,330, this puts him $130 a year above the salary that he was making prior to the reduction of the salary, or an increase of .8� before the reduction. � Also in this report, I stated that John Hreha, Assistant n.4anager, is going to be of retirement age as of January, 1975. He has submitted the attached rec�uest to me asking that he be allowed to stay beyond his 65th birthday. I have discussed this matter with Mr . Bob P�IeGuire , Lic�uor Store I47anager, anci TTr . r7arvin Brunsell , Finance Director, and the consensus was that it would be mutually beneficial for the City and b7r. Hreha to allow him to remain until November 22, 1975 when he will corrplete 15 years of service with the City of Fridley and have completed the same number of years in the PERA fund. So, I am recommending that 114r. John Hreha stay as an employee of the City until November 22, 1975 at a yearly salary of $10,181, which includes longevity, as the Assistant rRanager of the Liquor Store. NMQ/pr ' � �: � ��/.r�r r�7a,�s� : f %��,l���l � N�.� � � ,r�. � ��'�,�..� � .. � A . __--.--+-. :�,��,� � ,, ; �',� , .� , �' , � . . � , ' . _..� :i . ,,. � ,�✓�,.���. �,:✓�y ...�/ . � .. . . � . � � ' . . : . .: i � � ' . . . . . _ . .. . o - � ° . . �� . _ � "' ` � � . � � . March 4, 1975 . . � • , N � � . ' : � .. , ' . M � �� MEMO T0: NFlSIN P�. QURESHI, CTT�Y MANAUER � . . _ . ': o �:� ;.FROP'1: JOHPd HRE�tA, ASSZS7/-1NT i..TQUOR S70RE MRPdAGER " � - � . ' z SUBJECT: REQUFST TO STAY aF1'OND THE AGE OF G5 �f� '1'EIE `�. ? ETiPl.OY�ti�ENT OF iF{� GI1"Y OF' �RIDLEY . �� �= . . , - o � _ _ � ` -, w Even thou h T have alread , <:, '. �' � 9 Y pas�ECi m,y G5-th bi rihday 5 wni ch � ° was Jartuary 24, 1975, I woul d 1 i ke �Lo con-ti nue to s�t;ay i n �� ' Q the einp7oyrr,�nt of the C7 ty of Fri dl ey a�t 7 eas�t un�ti 7: . ;:� x ' 1. The date of Se tember 1 1975 when m wi fe ��ii 11 be ., P > Y a65, so we can both rece�ive the maximum benefi�ts. .. ' w 2. If possib1e, I wou1d like to stay �unt�i'1 November 22, z 7975, tvhen I wi 11 compl ete 15 ye�rs of servi ce t,ri �th . W the C�ity of 1=rid7ey and wil� have contributed into � Q the PER�1 Fund 15 years . � } . .. `. - �: 3. If I could stay until December 31, 1975, x wou1d be . . � , w � ab1e to complete anoiher fu11 year under socia1 securi�ry . �? '; which ���ould increase my benefits under socia7 securi-ty, . z , ; � . .. .. , . �'�� M I would appreci�te your consideration o-F this ma�rter, and ,;': � . hope to hear from you.� favorably. � .�.: k�• . . ; ' � � e . , . . ' - a � Yours truly, ' ` � z . � . : ' . , " . , . w . • . . _ . . ' U . . . ' : ., . _ , V , John Hrei�a • � . r. ' r . " � �,�� �,,,�.� ; . � . � � � �. � . . . ��- . . .. . . . . . . . . . . 1 . , , .. . ' , • . . . ,.,. • � �� ' : , CONSIDI�!:AT70iV Oi APPOINTP-Ii�;1�iTS TO EvARDS AND COi�l,�1ISSI0NS, LFrLCT1.VE 1�P1ZTL 1, 1y75 ' (Resolution will be put on Agenda for zdoption when a11 appointments are com��l.et�) I � TEItT: �'RI;S�NT MEMRERS �XI'IRES APPOINTr� � �General Ch�irman �Cha_�rman, Plat�s & Subs � Chairman, Building � 5tandards ��hairman, �:3oard of �lppeals Chaizman, ']'arks & I:ecreation ' � Chair.man l , � � � � . � i � . PLANNII3G COI�'i�1ISSIflN (Chapter 201) Richard Harris Ward 3 6200 Rivervi:ew Texrace N. i,. (H.560-2491) Vacant (Was Richard Harris) Hubert Lindblad Ward 3 160 Crown Road � (H.560-514s)(8.535-1721-236) William �irigans Ward 2 1280 Hathaway Lane (H.788-1930)(B.545-2851T4210) Donald Slair Ward 1 206 Rice Creek Boulevzrd (H.786-I.787) 4-1-76 4-1-7�7 4�1-77 4-1-76 �-1-75 WILL NOT SERVE PLATS & SUIiDIVISTONS - STP.EETS AND UTILITI�S (Chapter 201) Vacant 4_x_77 (Was Richard Harris) .Toe Christensen Ward 1 460 - 67th Avenue N .F..� (H.560-3041) Geax'ge Meissner � Ward 1 373 Mississippi Street (H.560-1026)(B.456-3358) Richard D. French Ward 2 1469 Gardena Avenue N. E. (ii.788-5425) (I3.560-9201x4£i5) jJilliam J. I�orster Ward 1 7539 Tempo Terrace (H.784-8360)(B.786-6322) 4-1-76 4-1-77 4--I-75 4-1-75 � Will serve W ill serve - � � � APPOINTMI:IvTS - PAGL 2 � � Chairman ' ' � . � � . r � . Chairman � � � � , � � � 22 A TE12M PPESENT ML'M13L'RS �XPIRLS APPOINT�� RUILDING S'1'AND'�.RDS - DrSIGN CONTROL (Cha�ter 208)(Members, except.the Chairman, shall be ,�ippointc�d by the riayor with rhe approval of Coi�ncil, except that Ward representatives are appointed by respective Ward Council- members with approval of Council) Hubext Lindblad Ward 3 4-1-77 160 Cxown Road (H.560-5148) (B.535--1721x236} �. Wayne Simoneau Ward 2 4-1^75 Will Serve 464 57th 1'lace N. E. — (H.560-5269)(8.332-899_1) � Donald Nelso.n Ward 1 4-1-75 Has resigned - need 6271 5th Street � replacement (H.560-8090) William R. Tonco Ward 2 4-1-76 5925 Hacicmann Avenue (H.788-2852) . Jan Seeger t�Tard 3 4-1-76 324 Tronton Street (H.784-7441) BOARD OF APPEALS (Chapter 205.18 William Drigans Ward 2 1280 Hathawy Lane (H.788-1930)(B.545-2851x4210} Patricia Gabel Ward 3 5947 2 2 Street � (H.784-7595)(8.566-1288) Virginia Wahlberg Ward 2 1452 Windemere Drive (H.788-3318) James Plemel Ward 2 6864 Channel Road (H.784-1458) � liarry Crowder Ward 3 146 - 63rd Way (x.sbo-ss2i) � 4-1-76 4-1-76 4-1-75 4-1-�7 4-1-75 Will Serve Will Serve I ' A1'�'OIN1'�ZEN'TS - PAG� 3 �'E�;SENT MI;�(13.ER,S � � Chairnan � ' ' � �J � � TERM E.XgI;RES'. . ,ApPOIN�r�r PARKS .AND RECRF.ATION COM'rfISSION (Chapter 101) Donald �lair Ward 1 4-1-75 206 Rice Creek 131vd . (x.786-1787)(B.421-7600) Harvey Wagar Ward 2 4-1-77 5940 Stinson Rlvd.' (H.788-4660) David Harris Ward 1 4-1-77 470 Rice Creek Boulevard (H. 78�-c-2496) (I3.56U-7792) Shir].ey Caldr,aell Ward 2 4-1-76 5874 Hackmanr� Avenue N. E. (H.788-6973) Robert Peterson Ward 1 l+-1-76 480 Rice Cree� Bou1_evard (H.784-8278) POLICE CO.SMISSION (Chapter 102) Dan J. Sullivan Ward 2 4-1--76 1161 Regis Lane � (H.788-2294) Dan Cisar Ward 2 4-1-75 540 Cheri Circle (H.560-4894) Wilbur Whitmore Ward 1 4-1-77 440 Rice Creek Terrace (H 560-1088) � • � BOARD OF HF,ALTH (Chapter ]_12) `liealth Officer Dr. C. E. Turbalc Ward 3 23 Rice Creek Way N. E. �� (H.560-1470)(B.560-2820) llr. llonald L. Wright Ward 3 101 Logan Parkway � I'uUlic tlealth � Sanitarian � � , Harvey J. McPhee 3463 Zarthan Avenue South St. Louis Parlc, 55416 �+-1-7 6 4-1-76 ►. �.� ��.� ncu.- Will Serve r. 4-1-76 Steve Olson, Enviranmental Officer AYPOIN'[MliNTS - Pl1G1� 4 TLRM. � � � PRT:SL'�1T Mt�,M13I:1ZS -- EXPIItES APPOINTI:1�:. . tiUMAN ItELA`l'IUNS CU:fMtTTLE (Res. 4�271-19b4) (AppointmFnts by Mayor upon tize advi,ce and 7recoinme.nd�.tions of Council and with four-fifths confirmation) � CJA1tU 1 Katheri.r.�� rioss � 4-1-76 " �" 1021 Rice Creek B1vd. (H.560-1342) � ltena V:izenar 585t 4th Str.eet N. F. (H.561-3674) , Carolyn Rouse 'Z10 Rice Creek Blvd. (H.78G-7132) � 6dA1Zi.) 2 Karen Packer 1U88 Hacicmann Circle (H.788-4335) , � Dan Fish ,. 7501 Lakeside Road N. �. � (H.786-5127) Barbara J. Shea 145fi Windemere Drive � 1 (�1.78�3-2977) aAIZD 3 Ina PriGCiitis 6031 Benjamin Street � � (H.788-7230) Ciia irman Harold Belgum � 191 Hartman Circle (H.786-1191) �1T LARGE Allan l:udolph Ward 2 � 1016 Hackmann Ci.rcl.e � (H.788-5324) Leonard V. Lind •Ward 2 � 16'LO - 75th Avenue N. E. (H.784-4367) Walt Tizakowski Ward 2 , 1402 Meadowmo:or llrive (H.789-3474) Arvid Hansen Ward 2 � 7.318 Hillcrest DRive (H.788-0500) � Grace T ynch Ward 2 580 54th Avenue N. E. (li . 560-9589 ) Harriet Hudrlik Ward 2 L 5502 Regis Trail (H.788-5479) ,iIIGEI SCIfUOL Nicole Nee :�TUliBtvT 219 Logan Parlcway . (H.784-7595) I� � � 4-1-75 4-1-77 4-I-75 4-1-7b 4-1-77 4-1-76 4-1-75 4-1-75 4-�-76 4-1-76 4-1-75 �`i�i ► . Will�er_ve Will Serve Wi11 Not Serve Will Not Serve 4-1-77 �. 4-1-77 1974/1975 % � APPCII.N'fMENTS -. PAGE 5 TI'sRM PKESEN'1 MEMBERS EXPIRLS APPOINTI,is' � �ItIDLi:Y I�NVIP�uNriENTAL�UAL[TY CONL`IISSION (Chapter 121) (Appointed by the Mayar upon the approval of a majority of the mernber.s oL the City Cauncil) ,4T LARGE :,HAIEtMr1N _.. . James Langenfeld Ward 3 79 63 i Way N. E. (�z.560-1969) (I3. a2�-Z81i) �'�JARD 1 Robert L. �rickson 5950 Benjam:in Avenue N. E, ' (H.789-0365) Russell fIo�ick � 750 OverCon Drive (560-3249) �'aARD 2 Thomas J. Sullivan 1350 Gardena Avenue (H.788-3557)(8.788-9116) � LeRoy Oquist 1011 Hackmann Circle (H.788--2229) � ',IARD 3 LeeAnn Sparre 301 Ironton Street � �H.786-4237) Mary Martin , . 133 Stonybrook Way N. E. (x.784-8770} � ,� �,nairman ' � � � � 4-1-76 4-1-77 4-1-75 4-1-77 4-1-76 4-1-75 4-1-76 Will Serve Wi11 Serve FRIDLEY HOUSING AND REDEVELOPriENT AUTiiORITY (5 Year Term) Stan W. Ca��lson Ward 2 6-9-74 Will Serve 62I9 Baker Street (H.560-2046) , M. Mahurin Ward 2 6378 Dellwood Drive (H.784-9186) � Pastor Arnold Stone Ward 3 6950 Hickory Drive (H.784-9394) Jerry Orton Ward 2 7418 Stinson Boulevard (H.786-8855) Russell Houcic Ward 1 750 Qverton Drive (H.S60-3249) 6-9-75 6-9-78 6-9-76 6-9-77 Letter Sent - No Answer � , �' � API.'O CNTriEN1'S -�PnGL' 6 � �" - �rLxrz PRLSI.NT MGMBERS EXPI.rtL�',S APPOINTEE ' I�RIDLEY Cl�BI,E TELEVISION COMMISSION (Ch��ter 405.28) (5 Members - 3 Year Terms) Chairman Iather Ed Chmie.lewski Ward l 4-1-75 _ Will Serve on Cmte, but � 6120 5th Street N. E. no�_as Chairman, Would (H.560-56U0) not object to other ,,,, �Clergymen serving, Barbara Hughes Ward 1 548 Rice Creek Terrace (H.560-2618) John Haines Ward 3 275 Craigbrook Way. (H.784-U887) George Zeglen Ward 1_ 841 Rice Creek Terrace (H.560-5046). Tom Myhra Ward 2 6360 Able Street N. E. (H.560-2433) MAYOR PRO r�I 4-1-76 4-1-76 4-1-75 4-1-77 He May Be Interested (Everett Utter) T ANQKA COUNTY T�AW ENFORCLMENT COUNCIL (1 Representative & 1 Alternate) Tim Breider, Representative (Everett Utter} Alternate SUBURBAN REl'CE AUTHORITY (I Member) Walt Starwalt, Member 12-31-�4 12-31-74 12-31-75 Wa1t Starwalt appointed December 16, 197� for 1975 NORTH SUBURBAN SEWEIZ SERVIC� 130ARD RLPR�SENTATIVE (1 RepresentaCive) Walt Starwalt, Representative 12-31-74 r CQU�ICIL R�PRI:S�NTATIVE TQ ASSOCIATION OF METROY�LITAN MUNICIPALITIF.S Walt Starwalt 12--31--75 Wal� Starwalt appointed August 19, 1974 for 1975 ' ��,I � APPC)IN'LMEid'�S - ]?AGk; 7 � , , , � � 1�RIDLtiY C1111.:Ti�,iZ COi�Ir1CSSIUN (1lppoint:ed Ly Robert J3. Gillespie, Cliief Jt:J{;e, Tcr�Lh ,Tudic:ial llisr_rict, Anvka County, State of M.innesota, January 24, 1973) ?2 F (City Council for.war�ls resoJ_ution reqtiest:ing tYie Court to appoint members to the Charter Commission Pursuant to Minn. Statutes, Chapter 410) TWO YE�,I2 TEIZ�'�1 -- E}:,."IItI:S JANUAP�Y 23 , ].975 �� ., �. ' �, . � � . - ' . .. , �. ]:lai.ne Knoff Kdy I • McPherson 5808 Tennison Drive 6776 - 7th Street N.L. (k3, 78g-2440) (H. 560-1938) Jerry Radcliffe Clifforci Ash 7�+50 Memr�ray Lane 460 Rice Creelc Blvd. (H.786-2142) (H.784-5564) Peg McChesney ` Donald Wegler 6815 East River Road 541 - 67th Avenue N. E. (H. 784-5684) (H.560-3038) Robert 0'Neill Jackie JOhnson 861 Rice Creelc Te�race 141.5 Trollhaugen Drive (H.560-5587) (H. 788-6009) FOfiJR YEAR TER�"'I -- EX�IRES JANI3A�Y 23,_ 1977 1 Francis Casey 740 - 67th Avenue N. E. (H.560 2585) ' Herbert Bacon �59 Logan Parlcway (H.784-7806) � Edith Collins 6854 Channel Road (H.784-9626) , Ole Bjerkesett �00 N. E. 63 2 WAy (��.5G0-3639) , � � � ' Harry Crowder 146 N.E. 63 Way (H.560-5821) Raymond Sher ictan 1301 fiillwind Road (H.788-6130) Jacic Kirkham 430 - 67th Avenue (Ii.560-3681) - (CHAIRi`4AN) � ;v �- � ��. � ��„�k .b� � , � �� i �:-� { �;.� � I� r LJ � ' � � �' � � � i, ��� . � � � 22 G `� k� � 707 HIGHWnY 10, MINNEAPOLIS, MINNESOTA 55434 (612) 784-1100 N�arch 7, 1975 Dear I�;ayar tlee : It is my tinderstandir.g thai; there shall be two op�nin�s ori the �'ric�]_ey Cable Comrriss�on in A�ril, 1975o I wish to be eonsidered for one of these positicns. ��t this timP I am the r,ieria specialist for tY?e Knoka County Lib?^��ry system, The new �'ridley nr.anch Libr�ry has been designed to eventually house tYie libr=;ry's a_lterriative media, �public access cen�ero 'Phe libr��_ry ever�tu_�lly h� pes to have video equi..rment, th-xt is ava_i_lable for the public.'s usea TY�e I'ridley Lion's Club has donated 2,500 dollars to the libr<�sy f.or the purcliase of a video portana.ko 'ihis unit wi11 be for use by communi{;y �;roups, individuals, churc'� organirat�_ons, local government and the librarfo The libr.-�ry will build its videotape collection, in part from lacaily produced pro�;rar,ns. Ho�efull_y� many of tY:ese tap4s Uri_11 be considered ' for cableeastir�� ar. Gener. _tl Te1ev�_sion's publ.ic access ch.annelo The l�brary is prepari.n�; a statement on its e�pectations for video and cabl.e. , r1t this time I a_m not a resident of kridley, I live in Columbia �ieightso ��y wife and. I�saill be rr�aving back i:o Fridley ths.s summero � I have attendc�d Fridley sch.00l.s si.nce secezid �rade and graduated from �'ridley Hi.gh ��cY;ool, 1 attended the Universit,y of N:ir.nesot� �nd rece�.vec� a B.F, o. de�ree in studi_o arts, :�h-i.le at th� Universii;y of tiiirinesota I.' completed all of the t��leviszon nrocuction ei�:sses offered by the Sp°ech ' depsrtment and worked at the CC�'V st��tion on campuso � � After I comnleted my degre� at i�iinnesota T attended the University of 'v/isconsin. !tt t:'i�con.s�in I coriE�leted all of my classroon� credits tok�.rds a?��a�ter's de�ree a.n Co�rm�unication ,lrts. t��lhile at ���lisconsin I worked as a project assistant in tr�e television product:i.on classeso I am now finishing my thesis. Since T have been a lon� time resident of the community, and with the new Fridley Branch Library opnning this summer, I am personally and �' professionally interested in the future of cable in Fridleyo I wish to thank you for your consideration in this matter, ' � ' Since el 9 ����--_ Mark Scott t`edia �peci.�list � � i ' ' . , M E M O / ;� i � � ; -; , TO: Fridley City Counc�l .�L; ��/1 ;��v—!'`� � RONI • C � t Attorne F . i y � � DATE: March I1, 1975 RE: Yesnes Inc. v. City of Fridley � �� �� G�'Y~ �« ` �., i i���.� � As you know, Yesnes Inc. lzas brought a Zaw suit against the City, asking for an Order of the Caurt requiring the City to issue a building permit for a � 50 foot lot. I have discussed the matter with the attozney for the plaintiff. ' They have agreed to sell the 50 foot lot to a neighboring owner who also owns a 50 foot Iot. The neighbor would then apply to the City for one building permit for the two Iots. � They have agreed to dismiss the Iaw suit if the City agrees to charge them for only one "hookup charge". It would be m,y recommendation that the City accept this offer. ' ' r ' � i ' � ' � ' 0 � �A CITY OF FRI DLEY MEP90RAN DUM T0: NASIM N1. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR, SUBJECT: LF,WSUI7 OF YESNES - LOTS 33 AND 34, BLOCK A, RIVERVIEW NEIGHTS ADDITION DATE: MARCH 13, 1975 ' It is my recommendation that the City agree to dismiss the lawsuit by removing one building site charge for the 100 foot strip of ' roperty. P My recommendation is based on the assumption that this is a one time adjustment to a problem, and would not in any way be used as a precedent in other areas. The recommendation is made on the basis that it would probably cost the City more in legal fees to fight this case than the assessment for the building site charge. Also, by using a 100 foot lot for a building site rather than 50 feet, it would be a betterment for the area. The gross amount of the building site charge was $561.55. The net amount of the building site charge left at this time, assuming the taxes are up to date, is $348.52. MCB:sh . �� . ` � $ � . . i • _ . -a � � : , - .. - . � .. . .•. , . _ 23 B � �,. ,, . . . . - _ ,� ,, . . , . . � e,. c • . � � �'. e , , . ' '� _ ' � �`,� Zi � � . ' . �� � : � . r „ � • \� 1 �� v�^!.t : �� �` • � r � � ` � i?� i � �'•' j ��� , i� ��;a:. � . ��� ' f '�. f�� . Oe���r �b �` l � E-c,� Fa$ !' R'"`S �,Ct°�z � � � � . - _ - � -� . /f 3 ��, M1 �o�,'rt,.;6`� CiF�w�tP.�'� _--- : //s9:29 ----- -- � �✓ �ry� � _.._/OP.,0.�9�-.._ . _ I' •� ,� `% �� '!'� �i^- , . ' . - /ORa.f9 � . . '�1'.` � . �•/3S � '� ..B�O.z9 � ` . . � ;` —` - "•.6E.•6a=- _ -- - : /Sa • 6a. 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Y , � ��.� _ife':b � s, /� �` F�s � '.., �p � �. r.,. }. � ..n � t` � . l.., � - ft F f - „�;.�;��. �r. �' 'li�'�� r ��oj � w� ��� '�1 l > ��� h � rsF �, l �„ } .r;�.!� so , � �yf�r:f�i_� o��' � '� t "" s !F T•„��.. ,.,.: rr �(��� \ ',..r �ry ' //7 �n�o '; ? .�'r°� _ _ i o �: � i E `. ,.� Q (� ' tr► ♦ : .n �_ '�� ��'�� j/ . ��.9 ����i��" e'��, , �« rd� �`�l..,� �.�ti�` �,i,t. �`"'`u K���`+c^ r,po�tr�.'t'�ai'.,.�.�.. ¢�r�,�' Q �t ���� � ti. Y e ..6 n ....�� �,. ,. r .'G..Y y ::.f ..— i.f�_.,.._ . .. 'r"�'_%,o }�....i. . � {� � �� . �1�C, � �esn) i+�.r �Y� � r �e se ti : w �'n l <+;e~�. ��� � �\.�W'� 1 . � 'a V � �y'i••ei ti.� �� �!� ' Ii �a_ � '� j �d �a`� s .�t'::.�, e , . \\\ � 4 �� � � 5 �"') w • � � �.r.r=7' • ;t ,� !! � • �r. •r, T- t.+�L 6 y. �. (0 y � � ��V ry � 4 ; t � � {� i � -� � X. .: �.. a. � .��,.- �,i 'Ati ` �� �E p,• �y i .� ^, E � �s� 4v_ �. �i ��,.,� .�.a�� �, V f� i.. i fc ---- 'A ,%�`rF-•�.....`rso - . i • -'"�°•'t!!-- . � ! . � i ..�so , r.a <o .b• • CE(� TEK �' • � ' 'S'EG.3 . �3 > • ; 9 � _� - ' • 24 cLA zr�s GENERAL 39194 - 39399 LIQUOR 9G43 - 9691 0 ' ' . _ - LIS�' OF I_ICENSES 70 [3E �IPPROVED 13Y THE CITY COU�VGIL AT THE f�Ef_TING OF P�ARCH 17, 1975 � ' � � - _� TYPE OF LICEPJSE �BY APPROVEU (3Y FEE ' � CIGARFTTE I� ' Poor Richar�'s'Canterbury Pub . Ronald RicMiards Public Safeiy Director $ 12.00 6481 Uni versi ty /lvenue �' ' Fri cll ey FUOD ESTABL I Sf li�1FNT � , Poor Richard's Canterbury Pub Rona1d Richards Health Inspec��oi^ 10.45 64P1 Un i ver:��i ty /�venue . Pro-rated , ON SALE BEER .. Poor P.ichard's Canterbury Pub Ronald Richards Public Safe�ty Director 120.00 ' 6481 University Avenu:= P�ELIC URIi�KINu PLACF , • ' . . _ -. � :_, ' Poo Ri � rd's C nte bur Pub Rona1 d Ri chards Pub'I i�. S� -Fet� Di rectar 100.00 r c a a r y � ,� 6481 University Avenu� ' 7AVERN 'Poor Richard's Canterbury Pub Ronald Ricnards Public Safety Director 12.00 64II1 Universi�ty Avenue ' . � � � � � CONTRAC`i'OR' S LICLNSES TO BE APPROVT'D BY COUNCIL 1�T TIiEIR FtEGUL�II2 MEETING ON M�1RCH 17, 1975 _ Excavating APPROV�D BX Consolidated Plumbing & Iieating Co. ].53U East Cli�f Road � Burnsville, Mn. 55337 By: S. �. Enright W. Sarzdin General Contractor Panelcraf� Incorporated . 3615 East Lake 5treet Minneapolis, Mn. 554_06 By: Carl Johnson D. Clark Heating Equipment Supply Inc. £301 Curfew Street . St. Paul, Mn. By: W. Sandin. Masonry Albin L. Katzner Cement Co. 11137 Arrowhead Street.N.W. Coon Rapids, Mn, 55433 By: Albin L. Katzner D. C1ark �A � , ESTIMAT�S rOI� CITY COUNCIL CONSIDERATION - MARCH 17, 1975 � Comstock & Davis, Inc. , 1446 County Road "J" Minneapolis, Minnesota 55432 ' For the furnishing of resident inspection and resident supervision for the staking out of the following work: ' PARTIAL �stimate n3 for Sanitary Sewer, Storm Sewer & `Vater Improvement Project No. 116 from February 3 through February 28, � 1975 PATRIAL Estimate No. 9 for Sanitary Sewer � & Water Improvement Project No. 115 from February 3 through rebruary 28, 1975 , PARTIAL Estimate No. 14 for Sanitary Sev�er, Water & Storm Sewer Improvement Project No. 114 from February 3 through February 28, 1975 � Carl Newquist Smith, Juster &,Feikema , Builders Exchange Building Minneapolis, I�iinnesota 55402 For legal services rendered as Prosecutor j for Fevruary tiYeaver, Talle & Herrick � 316 East nlain Street Anoka, 1l�innesota 55303 � For Legal Services rendered as City Attorney for rebruary �_ � , � , �� $ 3,498.64 , � . 1,564.22 1,362.50 1,782.50 TI�1E RECORD FOR FEQRUARY, 1975 PROSECUTIOf� I�IORK 1. Prer.ara�ion, Travel and T.ime in Court for 29 Caurt cases and � Pre-jury conferences. 2. Investigation and Process of Complaints includino ofFice conferences, phone con- ferences, correspondence and preparation of 31 Formal Complaints. � 3. Court and Police Administration DATE � 3-3-75 TOTAL 14 hours 22 hours 00 hours 37 hours 3(� minutes 55 minutes 00 minutes 25 minutes � � � BALANCE FORWARDED FROM LAST STATEMENT For legal services rendered as Prosecutor for the City of Fridley. February 1975 Retainer. $1,000.00 Secretarial Services. 100.00 Time in excess o�F 30 hours. (7 hour 25 minutes) 262.50 1,362.50 $1,362.50 I dec.<:rc uncer p:�na.iies oi :aw it�a� thts accou�i' c!a�•n c� ��e:r�,�� :� is ius�. arRl cor• rect ��d th c� r'. o, has been pa�d Sig tu e of Claiman SMITH, JUSTER, FEIKEMA, HASKVITZ ANO CASSERLY FTTORNEYS NT LAW ,, i�.; �s� �o: • � I ' I , I �HARLES R. WEAVER HERMAN L TALLE , VIRGIL C. HGRRICK � �OE3ERT MUNNS l�MES D. G186S ILLIAM K. GOODRICH THOMliS A. GEDDE I JEFFREY P. HICKEN I � ' City of Fridley ' � i lAW OFFICES WEAVER, TALLE 8c HERRiCK 316EASTMAIN STREE? ANOKA, MINNESOTA 55303 421 5413 March 14, 1975 February Retainer $1,000.00 'Council Meetings Staff Meetings Conferences with Administration • Citizens Inquiries �Lega1 Research, Memos, and Ordinances . Re: Liquor Questions Conferences and Lease 'Re: Springbrook Nature Center Opinions to Staff Storm Sewer Project ��114 ',A. J. Chromy Miscellaneous Legal Research and Memos Hours in Excess of 30 @$35.00 per hour Ii ' Secretarial Allowance 100.00 TOTAL . . . . . . . . . . . . . . . . $1, 782. 50 10 hours S hours 6 hours 1 hour 12 hours 5 hours 2 hours 2 hours 12 hours 5 hours 491z hours 682.50 ' ' _ � ... .. . . . . . • . . . y y � �..}�.¢..s...e.aoe-::.:. � • � . � . , ~ . ' , . . ._._...._ _.. _ . .._ _ r .. . - - .. . . I�' ' zntroduced by Sir�oneau, NicCa.rxon, Wenstrom, H.F . No . 7'`� t/ _ t I,uther, S�hrelUer ; • Companion S. F� . �' . �[axch 6 �h, 1975 � ' � Ref . to S . Com , �• Ref. to CoM. on �nvironmen't � tratural Resource$ _ iteproduced by PHILLIPS LEGISLATIVC SERVICE '� � 27 .� ' , , � . . . • • � . � , � - . _ ' , . • . : . . .- ' . .. . , � . • . , . - , . . '. ._ � . ' � . . . . � ' ; ' ` , .. . -- . . , . • . � ' • . � : _ • �. _ .. _ .' . . . ` _. � - :.� A bt ��. �o� ai1 ac:� � , �_a ���°��a4�ng �� Pa�ics� ap�x�p�ta'�ing m�n�y �a,r ih� _. _ .`:3 , d�ve�a�;����c �� r�c��a'���n �a��.? �.�.ies �ar `�h� . �.:r�. Ytarid�,���pad .a; Zal��d�� A� P���C� pax;�ti _ •' :�> t3� �'� � PiA���.,t� B'� '�"riE � :�r�S�.,A'�'�Sz3� 0r i"ri�' S� �'.��, 0c�' �i;N�V�.��'.�1� $ . u SeC�:Cpil 1� CR�,�g�:"A��ON �'�C�S��'���>5 �'O�t �H�. Hr'�N1�;I��P�';:,D,� • :' : - ""] A�r.°�i�J�'i�.�l�T��Pi � a �'h��'e S.; �p�i't�na �,��Gd �x c��t �i►e g����'��, �1trid , "� �,n �he s�a�� 'c���su�.Y i;a �hw ����� �alann�.n� a�Qn��t �ciz� �t,�n _� _o� �250� 4�0 �� b� us�d �� d��r����� �R�����.��n iaci�.�,�i�� . � ' ..:�-f) S9 3. d� , � ' � � i � � �h �o�; �x���c �P�� ��a�1��.w��y a� �n�eL�.nS� �h�� sp..�.,aJ. � . ' :�-�, l��`�?C13 U:� ��:1��.G�p��t� �FC.'x's��i1�i v:l� �5;�+�t�t�5 �1C �r'ee��."i: pc�b;S �.ia �i9� . - • �"? �1�y o:i: c^�Ad�.��„ . � � � ' . � . . � .� .. ' - . _' . . . �. . . : . . . • . . .. d ' , � i� , ' � . , .. ., ' • . RESOLUTION N0. �975 A RESOLUTION IN SUPPORT OF HOUSE FILE 754, A BILL APPROPRIATTNG MONEY FOR THE DEVELOPMENT OF RECREATIONAL FACILITIES FOR THE HANDICAPPED AT THE ISLANDS OF PEACE PARK. WHEREAS, the City Council of the City of Fridley has supported the activi�ies of the Islands of Peace Foundation; and � WHEREAS, the Islands of Peace Foundation has been working diligently to provide a recreation area for the handi- capped persons in the metropolitan area; and WHEREAS, the Islands of Peace park in the City of Fridley is presently being developed in such a t:? handica ed ay to enable pp persons to make use of the facilities, and WHEREAS, additional funding is necessary to complete this project within a reasonable amount of time; NOW, THERE.FORE, BE IT RESOLVED, that the City of Fridley recognizes the need for financial support and urges support of ,House File 754 which appropriates money for development of recxeational facilities for the handicapped at the Islands of Peace� park. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL �: 0 ► � � �,, _ �;_ t� ; - �. �� � � � T0; City I�Iana�er CITY OF FRIDLEY 6431 Universi,ty Avenue N.E. Fridley, Nlinnesota 55432 PAUL 8ROG1N, D.ifc.ec�ton Phone: 560-3450 X64 ME�IO{�ANDU�1 i� �i iP � ��O G�'.i N �D �� �r DATE: March 10, 1975 SUBJECT: Tree Project �R�'{: Paul Brown, Dir. a� �a � � � * er +� � * * � a � � � * � �r +� a� � * * � * * * * � � � * � * � � +r * * * Dear City Mana�er, At�ached is a copy of letter from Malcolm 0. tit'atson, City Manager, of Columbza Heiahts. The letter explains a tree project. Please place this letter on the next a�enda for City Council l�ction. This department is very interested in the proyram. . T u. � �ti�� i PAUL BROTniN, Director 0 �• a � , � � ��.�,'•'�` �c � �`� ��:*.s,..�.r�_ ..,.. , .�,�����:z.�.. � J � � ' ' ' C� r ' �� � ' ' ' ' �� 1 CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES EQUAL OPPORTUNITY EMPLOYER 1 � COLUMBIA HEIGWTS, MINNESOTA 55421 March 4, 1975 Pa rk Boa rd City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55421 Dear Park Board Members: � � 2 � . � �? p - �- � �� L ' Y� �..Cs' G��2 � ��� � �� i / i /'- V � � i. � � �Y � �_._= � � � � � , �1',✓� `�j � � ! The Kiwanis Club of Cotumbia Heights-Fridley is considering a major project of planting maple trees in appropriate public places around our community. These trees are five to seven feet in height and carry a three year guarantee. The club members feel that it would be appropriate in preparation for our Bi-centennial year to proceed with this tree planting program during 1975 and the spring af 1976. Would you be interested in supplying us with locations where such a project might be useful to your community and also let us know what type of cooperation we might have from your staff in giving us locations where trees can be placed such as setting a wooden stake in the ground at the spots where trees would be most useful. Our club might also consider bringing in a somewhat larger stock of these red maples and have them available to citizens in our communities at a price of approximately $5.00 a piece. These trees are very hardy and would grow to a total height of about 60 feet. They are also extremely fast growing trees and have brilliant scarlet red leaves in the fall of the year. Please contact me directly at your earliest convenience to let us know if you are interested in this program. MOW/me ours truly, Malcoim 0. Watson Major Emphasis Chairman Columbia Heights-Fridley Kiwanis Ctub r� °�� � � 28 B N1�M0 T0: Nasim M. Qureshi, City Manaqer FROM: Paul Bro�,m, Parks and Rec. Director DATE: March 12, 1975 RE : K iwanis Tree Program The following Park areas are possible sites for the donated. trees. Locke Park 20 trees Madsen Park � 20 " Jubilee Park 4 " 73rd Ave. Blvd. 5 " Ruth Circle Park 2 " Burlington Northern Park 20 ° Sylvan Park 2 " John Erickson Park 4 " Moore Lake Beach 5 " Meadowland Park 5 " Terrace Park 2 " Jay Park . 2 �� Private Property - Loopba�ks ? N�xs and locations may vary due to surf�ce roet characteristics of trees. Confirmation will be only after a field study is completed. *Note: Maples are not rec�nend £or blvd. trees. . � �� �` t� / �� I ���%/ I ' ��. �� ; -� , _.� - r , _ � . � , � ����y� �-�..� ,, �����~a �,' , . ����� � , � � � � �� � `� � � � � � ��� 1 - � �.:���-�� '�~�'�' ` _ '` . ��� � � �� � - � ��� __ �-' � . �� , � .� - ��.-�.�� � � ��. � �__� ��� . , t �: ��� .� �,� � . , - ��� . . � - �`� � ''�` � �;' �._._-� _ � : �. � ` ���� . ;.�.�..���t:�,.� ,. -� w-�`'"` � ,- - �����. �$� � - � � .� . ��,:..� � ���-�� � � - _ � � _ -� �_ ��- - �� _ ; �:�.. ; - _ _ ,�� a _ ,��,�,�:� � ! .: _ _._ _ ___ . 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