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04/07/1975 - 5453� , � � � ' ' � � � � � � � � PATRICIA RANSTROM SECRETARY TO THE CI7Y COUNCIL REGULAR.COUNCIL ME�TING APRIL 7, 1975 .,,` . � ' � � � ;' . � W 7NE MINUTES OF THE REGULAR MEETING OF THE FRIOLEY CITY COUNCIL QF APRIL 7, 1975 The Regular Meeting of the Fridley Ci.ty Council of April 7, 1975 was called to order at 7:30 P.t9. by Mayor Nee. . PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and invited them to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Councilman Fitzpatrick, Mayor Nee, CounciTwoman Kukowski, Councilman Breider, and Councilman Starwalt. Nane. i PRESENTATION OF ECOLOGY FLAG: j PRESENTATION BY DAN ROt1SE FOR THE FRIDlEY SENIOR HIGH SCHOOL EARTH WEEK COMMITTEE: Mr. Dan Rouse appeared before the Council and explained that the Flag had been stolerr that ct•/ from the display case in the School. Mayor Nee thanked Mr. Rouse on behalf of the Council for the Comnittee's efforts in the presentation. ' PROCLAMATION: \ � i � i � � t r PROCLAMING MAY 10, i975 "FIRE SERVICE RECOGNITIOP! DAY". Mayor Nee read the proclamation aloud to the members of the Council and audience. APPROVAL OF MINUTES: REGULAR MEETING OF FEBRUARY 24, 1975: MOTION by Councilman Starwalt to adopt the Minutes of the Reguiar Meeting of the Fridley City Counci] of February 24, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL MEETING, FEBRUARY 25,.i975: MOTION by Councilwoman Kukowski to adopt the Minutes of the Specia] Meeting of the Fridley City Council of February 25, 1975. Seconded by Counciiman Starvrait. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF h1ARCH 3, 1975: MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting of the Fridley City Council of March 3, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice voie, aTl voting aye, Mayor Nee declered the motion carried unanimously. • PUBLIC HEARING OF MARCH 10, 1975: MOTION by Councilman Sreider to adopt the Minutes of the Public Hearing Meeting of the Fridley City Council of March T0,'1975 as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. ADQPTION OF AGENDA: • Mayor Nee said he would like to make an addition to the Council agenda relating to the Fiscal Disparities Law and the Council's position on this law. Mayor Nee said he had been invited to make a statement concerning this iaw the foilowing day and he would feel better in making this statement if he had the backing of the full Councii. MOTION by Councilman Fitzpatrick to adopt the agenda as amended with the addition of the item on fiscal Disparities. Seconded by CounciTman 8reider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee pointed out that there is a Council Agertda 800k available in the Library and also at the meeting on the podium for public referencP. OPEN FORUM: VISITORS: MR DENNIS SCHNEIDER, 6190 STINSON BOULEVARD N. E., REQUEST FOR ACTION ON IATE MEE7INGS: . ' " J I � � I i ( F i � 66 / REGULAR MEETING OF APRIL 7, 1975 PA6E 2 { Mr. Schneider addressed the Council and indicated he had some suggestions for the method of conducting the public hearings. He indicated he had been present for the last two public hearing meetings of the Council and they had lasted past 12:00 midnight. Mr. Schneider felt these meetings are lasting too long and said this discourages people from participating in government. He recommended that the staff consider this past experience and limit the agenda on those nights. He thought the additional items could be taken care of at a special meeting or on another agenda. He als� suggested that the sudience be polled to determine how many people are present for certain items and that the Council take care of those first if there are many people present. He also recomnended that a time limit be set for discussion of each item. Mr. Schneider said many people hire baby sitters and there item may not be discussed until after 11:30 P.M. Mr. Schneider asked the Council to give some direction to the staff on how to handle this type of situation. MR. DENNIS SCHNEIDER, 6190 STINSON BOULEVARD, REQUEST TO RECEIVE COUNCIL MINl1TE5: Mr. Schneider asked the City Manager why the City did not have a policy where all Council minutes could be obtaine� from the City. He said he had requested this from ' the City Manager's Secretary. He said he had requested the minutes of the past seu��ral Council meetings and had offered to pay for these minutes. He questioned if there could be a method where the minutes could be bought on a weekly basis. The City Manager responded that if the citizen would want to pay for the copies of the minutes and they are adopted Council Minutes, they could receive them. He ported out that the minutes are not official minutes until they have been adopted by the Council. He said these adopted minutes would be given to any citizen who • wants to pay the costs after they are adopted. The City Manager said there is a cost involved for all documents. ' Mr. Schneider asked if the minutes could be mai7ed if the costs were paid by the citizen. Councilman Starwalt said that the cost figures could be obtained and the Council could be notified of this at the following week's meeting. Mr. Schneider commented that he did not know the reason for the stipulation that only adopted minutes could be given out. He mentioned that the meetings are open meetings and the tape recording of the meetings would be available to the citizens to listen to. Mr. Schneider mentioned that if. an appeal was to be filed in oppositian to the improvements discussed at the past month's meetings, this would have to have been filed the previous day. .He mentioned ihat he had been told that it would be possible for him to listen to the tape, but not to have a copy of the unadopted minutes. Mr. Schneider said there should be some way for the public to receive this information. He questioned if the unofficial minutes could be red stamped "Unofficial Document". The City Manager pointed out that the minutes taken by the Secretary are an unoffieial document. He indicated that there could be legal problems if the minutes presented to the Council and public are not appropriate for adoption. He mentioned after the minutes are given out, it would be very difficult to get them back for corrections. Ne said the Council should be allowed this protection, but once they 'adopt the minutes, they are a public document. The City Manager said the minutes are nOt verbatum, they are a summary of the important action taken at the meetings. He indicated the minutes should naot become public before the Councii approves them. The City Manager called on the City Attorney for his corrmients on this request. -� Tfie City Attorney said the type of minutes from the Council meetin�; are not \ verbatum, they are the Secretary's summary and editing of what has�happened at thQ meeting. He said this would be dangerous if the minutes were allowed to be public before their adoption because the remarks within their content may not be what the . Council intended to say. He mentioned it would be feasible to listen to the tape • of the meeting because this is verbatum, but the minutes are not verbatum and they may not reflect what was said before adoption. �� Mr. Schneider asked if a disclaimer was used in conjunction to the giving out of unadopted minutes, woutd this be feasible? Councilman Starwalt said he believed that something could be worked out with the Administration on this request. _ __ . ___ _ � • \ . � , � � � ` � L_J � REGULAR COUNCIL MEETING OF APRIL 7, 1975 � 67 PAGE 3 MR. LAWRENCE TOSTENSON, 704 63RD AVENUE N. E., REQUEST FOR CI7Y TO•WAIVE FI.NAL WATER BILL NOT PAIO BY PREVIOUS OirlNER: Mr. Tostenson addressed the Council and explained that he was told by the Water 8illing Department at the City that he would have to pay the final water bill left by the former owner of his home, or the balance due would be placed on the deTinquent iist and placed on the tax statement. Councilman Starwalt safd being this was not a regular agenda item, there was not additional information available �o the Council and he called on the City Attorney for counsel in the matter. Councilman Starwalt said he thought the Council should not take any action on the request until the staff had reviewed the matter and made a recommenda- tion to the Council. The City Attorney indicated that the citizen had contacted him and he had suggested that he either write a letter to the Council or appear at the Council meeting to explain the problem to the Council. Ne said it is the pol�cy of the City at the present time that the unpaid waier bill would become a l�en on the property. He said the Administration could not waive thi•: provision without Counci] approval. The City Attorney said this bill was due before the man bought the hause and did not show.up in the title search. He again pointed out that he had recorcnnended that the man appear before the Council and state his case. Mr. Tostenson explained that he had moved to Fridley and his wife had come to City Hall and paid the deposit on the water meter. He indicated that at this time, his wife was not told that there was a former bill or a lien on the property for the water bill in the amount of $76. He said he thought he should have been told at this time ; that there was a bill against the property or the meter. He said when the title was searched, it came through never stating this. Mr. Tostenson explained how the City Attorney had tried to col)ect the bill from the former owner of the property. Ne questioned why the C7ty would give out a water meter for an address with a$100 bill against it. . CounciTman Starwalt mentioned that the item was not a regular agenda item. He indicated he thought it would be more appropriate if the item could be brought back at another time when it wouid be appropriate to dispose of it. He said he would agree with Mr. Tostenson that this policy is unfair and would need some revising. 7he City Attorney explained that the City was provided a judgement in conciliation court and the former owner was to pay the claim. Ne further explained that the former owner did not appear at this court hearing and had not paid the claim. Mr. Herrick further explained that if the City did receive the money, this would be taken care of. The City Attorney said if the Council were to take�action on the matter, this would be to direct the Administration to not pTace the lien on the property. Mayor Nee said he felt the lien would be unfair if this had not been certified at the time of the title search. MOTION by Councilman Starwalt to have the staff review the matter and hopefully ' establish a policy which would be a corrective measure for the solution of this situation and recommend settlement of the claim in this and future related matters. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. \, MRS. HELEN TREUENFELS, 5460 7TH ST. N. E., flRESENTATION OF BICENTENNIAL MATERIAL C UN IL• Mrs. Treuenfels said she was asked to present a packet of material�to the Council from the Minnesota Bicentennial for the coming year. Mayor Nee asked Mrs. Treuenfels if the City Attnrney had been in contact with her concerning the request for some guildelines for e)ection judges. Mayor Nee said the Council had troubTe working on thfs and had directed the City Attorney to contact her concerning this. Mrs. Treuenfels said she had not talked to the City Attorney and reaffirmed her feeling that she would like some guildelines established. ' Mayor Nee said when the Council had talked about this, it became more and more difficult to ascertain the criteria. ' 1 ----. __ __ _ ___ _. ._ _ ___ . . _. _._ ._ . _ . _ ._ ; \ �: REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 4 __ �._ OLD BUSINESS: CONSIDERATION OF AN ORDINANCE AMENDIN6 CITY CODE REGAROING COMMITTEES AND COMMISSIONS: Mayor Nee indicated that he had received a request from the Fridley Chamber of Commerce and they wanted to look into the material. Fle said there may be other organizations within the City who would also like to review the material and comment before the Council would take any action. Playor Nee pointed out thatlhere is a rather extensive revision of the Planning Comnission recommended. Ne said a draft of the proposal would be available to those wishing a copy. Mayor Nee questioned if it would be possible to create an ad hoc committee within the Environmental Quality Comr+ission as there had been provisions laid out within the other Subcommittees. Councilman fitzpatrick said that this is listed within the diagram but not within tf�e ordinance on this section. The City Manager painted out on Page 1-H that this is one of the basic things provided for all of the sub- corr�nittees. Ne said this is also shown on the chart that nad been prepared. Mayor Nee asked if the draft expressed the Council's thinking. Councilwoman Kukowski questioned the provision that the Planning Commission will make recommendations to the Cc!ncil through the City t4anager. She questioned what would happen to the power of the Planning Corrmission. The City Manager explained that these provisions are laid out quite well within the division of the proposal, "Scope". He mentioned all the areas of the Planning Corrmission's activities regarding zoning, etc. are iaid out and the Planning Commission will make recornrnendations to the Gouncil. He.said "Scope" would indicate what the activities really are. Councilman Starwalt said he agreed with the proposal as it had been laid out. He recalled that most of the items that had been discussed two weeks previously at the conference meeting had been included in the draft. He said he did not feel the draft was perfect, but a step in the right direction. Councilman Starwalt questioned the proposal of Mr. Ed Dunn for review of the proposed ordinance and asked what the time frame on the appointments to the various committees would be. He said he thought this ordinance should be taken care of as soon as possible. Mayor Nee said he believed that the Council could have the first reading of the ordinance at the present time and take final action on the ordinance at the first meeting in May and make any revisions necessary at that time. He said this could be done as soon as the Council would receive some play back from the various service organizations in the City. He said he would think that they would have ta be given one month or, at least twa weeks to,respond. Councilman Starwalt said some time back, the Council had indicated that the appoint- ments should be made effective some time in April. He said this would be an additional month if the ordinance was delayed until May. He also mentioned that the two weeks for discussion seemed too short a time. • Mayor Nee said if the material is to be sent to the Chanber of Corr�nerce, it would have to be sent to other groups in the City. Councilwoman Kukowski questioned•sending the entire proposal. She mentioned that this would be quite expensive and asked if a letter could be sent asking the various groups if they would like to review the entire proposal. After this time, the proposal could be sent to jus.t those interested in reviewing it. Mayor Nee asked if this proposal would include the proposed ordinance and also the diagrams. Councilwoman Kukowski said she believed th�t this would be too much to send out. She mentioned that if ten proposals were sent eight of those gr4ups v.�ould not be interested in reviewing the material. She again suggested.that a letter be sent indicating that the material is available and direct those interested to stop by and pick it up. Councilman �reider said he believed that the ordinance is repetitious in many areas and asked if those provisions repeated could be listed on one page ofi the ordinance and surtxnarized rather than listed over and over again. Councilman Fitzpatrick asked if there would have to be a public hearing before action on the ordinance. He said the public could be given this information if there would have to be a hearing. . Cauncilman Breider said he would like to hear the suggestions of the people interested �,�� in the ordinance. , _ _ _ _ _ __ _ _ __. . _ _ ._ __ _ � � �\ � � � i � ' � � � � LJ � � L � � � \ \ �; ; F •' REGULAR COUNCIL MEETI(YG OF APRIL 7, 1975 PAGE 5 Councilwoman Kukowski said the groups really should indicate that they are interested before the copies are given out. � Mayor Nee said copies of the compiete proposei should be sent to the Chamber of Cor,merce, the League of Woman Voters and he questioned if the Frid]ey DFL and GOP would like to receive copies of the entire proposal. Mr. Dennis Schneider, Chairman of the Fridley DFL said he would like a copy of the proposal. Mr. Richard Harris, 6200 Riverview Terrace, asked if the mailing would include copies of what the ordinance currently states. Mayor Nee said this was a part of the Council agenda on Page 1-A. Mrs. Lee Ann Sporre, 301 Ironton, asked if the Subcommittees can initiate studies on their own. Mayor Nee said they do this at the present time. Councilman Breider said they may start the studies on their own or at the direction of the City Council. He said in the future they would be able to start studies on their own. Mayor Nee said he hoped the corronittees would be set up with each member of the Committee as a subchairman of a co�nittee. He used the Environmental Quality Comnission as an example and said there could be several subchairmen for Air, Water, etc. He said in addition to this,_ there cauld be other committees set up ._.. to relate to other concerns within the City. Mrs. Sporre comnented that currently the Environmental Quality Commission is in a main line to make recommendations to the Council. She asked if this would still be the case if the Corr�nission was a Subcommittee of the Planning Commission. Mayor Nee said the information from the Environmental Quality Commission would be channeled to the Council through the Pianning Commission. . �.— ! The City Manager said the proposal indicated and summarized four hours of discussion ; between the Council and various members of the community at a conference meeting some weeks previously. The City Manager said the proposal would create five member corranissions of the Planning Commission which would be related to five concerns in present day Fridley. He said there would be two objectives of the member commissions,' one, to establish the goals and policies of the commission and secondly to review { the implementation of the goais and framework of the policies. The City Manager said the concerns would be passed on to the member commissions through the Administration, Planning Comnission or Council. The City Manager believed the Community Development Commission will"need to address the housing problem. He said the Planning Commission could initiate such a study and policies could be recommended by this comnission. He said if there is a need for public input the commission can establish their own cor:mittees from the citizens and the number of participants would not be limited. He said the comnission would make recommendations to the Planning Commission. He said the Council could direct the Administration to provide staff help in certain areas being studied by the comnissions. He said after the various member corrrnissions review the item, the Planning Cornnission could discuss the various implications and proposals from all sides. He said after the:policy is estabTished and set by the Council, the Comnissions can review those individusl requests as they relate to the established policy. He said those commissions who formulate the policy should review the requests•as they relate to the policy. He said there would be two steps, pianning and impiementation. Ne said each matter would be reviewed by the comnission and they would have a-direct line to the Council. �Ne said if each request is directed to the Counci] according to the policy established, there would be no need for the Council to go over the details of the plan a second time. The City Manager referred to the Building Code and said the City had established their Building Code before the Sfiate had established their guidelines. He indicated there should be some firm guildelines for the Administration to advise the developers in the City. He said this would stream 7ine the.process if the basic goals were to be established and this would enable the plans to all work together. He said this would establish a four way partnership with the citizens, Council,Commissions and Staff. Mayor Nee suggested that the Council set a public hearing for the first or second meeting in May. Councilman Fitzpatrick said he would like to have some way of letting more people know about the proposal. He said he would not want to limit the participation to just several organizations because they may be present at a meeting. He suggested that notification be placed in the newspaper and on the cable television system. He mentioned if the Council is going to have a hearing,•the people of the City should be notified. 'tG REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 6 M.ayor Nee said there would have to be a hearing.notice published in the newspaper. Councilman Fitzpatrick said they had talked about four organizations and some may not know that it would be discussed. • , Councilman Starwalt said he agreed with Councilman Fitzpatrick. He recalled earlier in the meeting he had talked in favor of a shorter time limit to make it possible to make appointments, but thought that these could be delayed to receive the public input. He said he thought that revision of the structure would be more important at this time and the appointments should not be made until after this time. Councilman Starwalt felt it would be appropriate to set a public hearing for the secand meeting in May. Councilwoman Kukowski said the letters'should be sent, not all the material. She continued to state that the people could be offered the opportunity to pick up the information. Councilman Fitzpatrick said there is a mailing list of the various service organizations within the City. Mayor Nee agreed that it would be sent to those who request it. MOTION by Councilman Fitzpatrick to send letters of notification no the proposed ordinance changes to the service organizations in the City and that the whole proposal be sent to those mentioned within the discussion and that a public hearing be'set for the second meeting in May, May 12th, )75. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' Mr. Richard Harris, 6200 Riverview Terrace questioned if the proposed ordinance related to the Industrial Development Comnission. Mayor Nee said this was not a part of this proposal. Mr. Harris asked if the same procedure would be followina in the issuance of building permits on structures propased above• residential. He asked with the deletion of the Building Standards, what would be the procedure. Mayor Nee said this is something that ceuld be discussed at the public hearing. Mr. Harris read Section 201.4, Scope and asked if the minutes would be sent to the Council through the City Manager. He questioned if this would put the City Manager only in the position of the mail man for the commissions. Mayor Nee said this would be a good point to discuss at the public hearing. The City Attorney indicated at the staff ineeting several thoughts were broughi up concerning whether the duties of the Park and Recreation Commission were consistant with the City Charter. He said he had not had a chance to study the matter, but he would get together with the staff and work on this section. He said this information would be ready at thepublic hearing. The City Manager explained that there are some powers given within the ordinance that are not consistant with the City Charter. Mayor Nee said he had notes concerning this and he would like to discuss this at the public hearing. The City Manager said the staff wanted to talk about those thing in conflict a:nd the Council would have the power to change the ordinance. The City Manager indicated that the last time the Council had directed the Administration to send material to all the service organizations in the City approximately 65 notices were sent with little result from the organizatioris. He questioned if the Council would like letters sent or if the entire proposal would be sent. Mayor Nee said in his judgement, the letter would be sufficient. MOTION by Councilman Starwalt to receive the letter requesting appointment to the Cable Television Comnisison from Mr. Kenneth Brennen, 6?16 7th Street N. E., and the letter of resignation from the Cable Television Commission from Mrs. Barbara Nughes, 548 Rice Creek Terrace. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. ORDI(dANCE N0. 5$1 - FOR REZONINf REQUEST ZOA #74-05, BY RAO MANUFACTURING COMPANY TO REZONE FROM C-2S TO M-1; THE SAME SEING 200 MISSISSIPPI STREET N. E.•: AND ' CONSIDERATION OF APPROVAL OF A REQUEST FOR VARIANCE AT 200 MISSISSIPPI STREET BY RAO MANUFACTURING COMPANY: AND ' CONSIDERATION OF APPROVAL OF REQUEST TO CONSTRUCT A NEW BllILDING AT 200 MISSI$SIPPI � N � � � � � , � REGULAR COUNCIL MEETING OF APRIL 7, 1.975 PAGE 7 71 Mayor Nee pointed out that the Planning.Commission, the Board of Appeals and the Building Standards Design Control Subcommittee had recommended approval of the.requests with stipulations. • � The Public Works Director explained that on February 19, 1975 meeting of the Planning Cor�nission, they recomnended approval of the request. He said this would involve 275 feet of the property zoned as C-25 and the approval would create M-1 property. ' He said one stipulation would be that RAO meet all noise and vibration transimssion ; standards and commitments. He said ihe Company had submitted a letter stating they �. would comply with these standards. He pointed out to the Council that a copy of the letter was on Page 2-L af the Council agenda. The Public Works Director said the Board of Appeals had considered the request for the variance on January 28, 197.5 which was to reduce the front yard setback from 100 feet to 70 feet. Ne felt this was adequate for the location on Mississtppi Street. He further explained that the County is in the process of grade separation in this area. He said the variance is a justified request. He said the recommendation of approval of the request is contingent upon the rezoning approval. The Public Works Director continued to explain the recommendation of the Building Standards ai their meeting of January 23, 1975, and said they had recommended a number of stipulations. Mr. Sobiech read the stipulations from the minutes of the Building Standards Committee. The Public Works Director indicated that the applicant, Mr. Olson, was present and could answer any of the Council's questions. Mr. Olson presented a colored elevation drawing of the proposed facility. The Pubiic Works Director explained the suggestions for improvement of the proposal and said there may be some additional treatment on the north walt of the building. Mr. Olson said onesuggestion was to use pilaster structures and the other was to use contrasting panels on the north wall. He indicated that the structure would be one block from the County underpass project. He said the proposal would break up the wall with the dark brown color and give the north side some accent. He said the same accent was suggested for the south and west sides. The Pub7ic Works Director pointed out that a recommendation had been made to � ' continue the mansard roof down the north side of the building. Mr. Olson commented that he could not see any purpose in the continuation of the roof through this sectian with an additional expense of $2,000. He noted that it would be difficult to see the structure to this point after the creation of the underpass. He also � pointed out that there are four or five large oak trees in front of this section. He said with the roof structure on the office portion of the building only, this will accent this portion and not the entire building. Councilman Breider asked what the landscape plan would be for the south side of the building. Mr. Qlson said : there is a plan for ber�ning on the south and east and north. He mentioned they planned to do as much berming as possible; there is a great deal of fill in the area that could be utiiized for this purpose. He said the visibility of the building would be limited with the slope and berming of the area. Councilman Breider asked how much of.a slope there would be. The Public Works Director �id this would be no more �than a three to one slope. He said there is approximately 50 feet and this would not be more than 1Q feet high. Councilman Breider asked if there was an additional vacant lot in the area. He asked if this lot was zoned R-3. The Public 'Jorks Director said the lot is vacant and is zoned. �` M-1. Mr. Olson said he would like to keep any traffic out of the area of Satellite ` Lane. He thought this vacant parcal may be residential some day. I . j � ( _ ._ Councilman Starwalt said he was impressed with the plan and thought it would be an asset to the whole area. MOTION by Councilman Breider to waive the reading of the ordinance, and adopt Ordinance No. 581, with the stipulations recommended by the Subcommittees and• noting that ail noise and vibration stardards wi)1 be met. Seconded by Councilman Starwalt. �Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to approve the variance as requested by RAO Manufacturing Company and recor�nended by the Board of Appeals. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF APRIL 7, 1975 � , PAGE 8 �� 3 MOTION by Councilman Breider to approve the issuance of the building permit for the proposed structure by RAO Manufacturing Company with the stipulations of the Building Standards Cor.unittee listed on Page 2-K of the agenda book and with the addit- i�nal stiBulations that berming be installed on the south and east sides as represented in the plan submitted to the Council and that the security lights be directed away from any residential or apartments and that the property be screened in some way from the adjacent properties. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORQINANCE N0. 582 - FOR REZONING REQUEST ZOA #75-01 BY CENTRAL AUTO PARTS TO REZONE FROM C2S TO M-l: GENERALLY LOCATED JUST NORTH OF 1201 732 AVENUE N. E.: AN D ' CONSIDERATION OF APPROVAL OF SPECIAL USE PERMIT SP. #75-01, BY CENTRAL AUTO PARTS: � TO ALLOW THE EXPANSION OF BOUNDARIES OF CENTRAL AU70 PARTS FOR JUNK YARD: ANO CONSIDERATION OF APPROVAL OF FINAL PLAT P. S. #75-01, CENTRAL VIEW MANOR 2ND ADDITION: ' GENERALLY LOCATED BETWEEN CENTRAL AVENUE AND HIGHWAY #65 N. E., NORTH OF 73%2 AVENUE N:�.: The Public Works Director explained the request for rezoning to be from C-2S to M-1. ' He said there is also consideration of a special use permit and a final plat. Mr. Sobiech said the Planning Commission had recommended approval of the requests. � The Public Works Director breifly explained the location of the lots in question and said the rezaning request affected the easterly portion of tot 2. He said the special use permit was requested for Lot 2 for expansion of the auto junk yard. The Public Works Director indicated that the petitioner was present at the meeting. Mayor Nee asked if the property should be platted before the ordinance is adopted and the permit is issued. The Public Works Director said the plat should be approved before the praperty is rezoned and before the special use permit is issued. He continued to explain that at the P1anni.no Commission meeting of January 22, 1975, they recommended approval of the plat with three stipulations. Mr. Sobiech read the stipulations to the Council and explained the easement referred to would allow drainage into Norton Creek and alsa provide access to the back lots for a driveway and utilities if they were to be sold. .. MOTION by Councilman Starwlt to approve the final plat as submitted by Central Auto Parts, P. S. #75-01, with the stipulation on Page 3-B of the Council agenda. Seconded by Councilman Fitzpatrick. ' Counciiman Starwalt asked when the final plat would be approved. Mr. Gus Doty addressed th� Council and indicated the plat would be.:�repared as soon as the Council would approve the special use permit, rezoning and plat. He said after this, the survey would be ordered. Coucnilman Starwalt asked if there would be a legal conflict and the Public Works Director said there would not be. The City Manager explained that the current actibn was at the request of'the Administration because a lot split would have created a lengthy legal description. UPON A VOICE VOTE, ALL VOTING AYE, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Starwalt to waive the reading of the ordinance and adopt Ordinance No. 582 on second reading for the rezoninp rezoning reguest by Central Auto Parts ZOA #75-01, and stipulating the publicatian of the ordinance be held �until the plat is received and signed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director again explained that the Planning Commission had recommended approval of the special use permit with a number of stipulations. He said the permit would concern Lot 2 and the property owner has signed an agreement denoting the intent to comply with the stipulation. He said this agreement ts on Pane 3-E Qfr the ' agenda. He further explained that the fence on Lot 10 will be relocated and a � planting strip from the previous special use permit would be completed upon development on the property to the west. He explained that the applicant is wiiling . ' to work with the City on this portion. He said if there is any deveiopment to the west, the planting strip would be coordinated. He said there will be an eight foot screening fence on the north and west sides of the property on Lot 2 and the applicant �,.,, is willing to work with the City for an exit. ' Mr. Sobiech mentioned that one of the � � '14 � ' � REGULAR COUNCIL MEETING OF APRIL 7, i975 PAGE 9 C� ,� �� � � � � � � stipulations concerned the requirement that there be no parking of junk•vehicles in the street. The Public Works Director continued to read and explain the stipulations suggested by the Subcorrmittee. • Councilman Starw��Tt said in the last two years the applicant has made some progress � in the improvment of the area and he would hope that this progress continues. MOTION by Councilman Starwalt to approve the speciaT use permit with the stipu]ations recorr�nended by the Subcomnittee and agreement signed by the applicant. Seconded by Councilwoman Kukowski. Mr. Nick Garagga, 6750 Monroe, addressed tf�e Council and recalled tliat the Creek had been mentioned two or three meeti.n�s ago when this matter was being discussed. He asked if there would be any additional protection of the creek. Mayor Nee explained that one of the siipulations agreed to by the applicant required him to submit plans to the Rice Creek Watershed District for approval. The City Att.�rney said.this concern would be under tfie jurisdictTOn of the Rice Creek Water- shed District and they would set the necessary requirements. He said the City can reTy on their staff on what should be protected. Council�an Starwalt firmiy stated he would not want any dumping of oil in the Creek. Mr. Doty addressed the Council and informed them tf�at there is no creek there at the present time, there is just a low area, the creek does not start until the south side of 73'2 Avenue. UPON A VOICE VOTE, all voting aye, Flayor Nee declared the motion carried unanimously. The City Manager noted that this should not be labled a junk yard, but it should be called an auto salvage yard. Ne sai he hoped there would be.no junk, because this is what the City was tyrying to get rid of. Mr. Doty noted that if this is the case, the Code should be revised, NEW BUSIMESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 506, SECTION 506.05, REMOVAL, OF THE CITY CODE 0� THE CITY OF FRIDLEY SNOW REMOVAL- VIOLATION AND TOWING : � The City Manager exp7ained that there were ambiguities in the ordinance that the City has at the present time and even though it was thought that the ordinance wouTd be adequate, the Administration had provided additiona] language. He explained the language to concern the Ciiy's right to remove vehic7es if they are obstructing , ' the plowing of snow. He said another addition would be the language that this would be effective from the first of November to the first of May. He questioned the Council if this language would defend what the City is trying to do. :� r � f � Councilman Breider said he feit the violations portion of the ordinance should be clarified. He said there is some problem with the pubiic relations portion of the enforcement of the ordi-nance. He said he would try to put together a proposal on this. He thought the problem to be letting ihe people know what the Ciiy wants done. He said he thought this should be done within the ordinance. Mayor Nee said he felt the proposed ordinance to be more clear than the previous ordinance in that it would state it would be uniawfuT to leave a car on the street or to obstruct the snow plowing activities. , Mr. Nick Garaffa said he had parked his car on the street and it had been plowed around and he could not remove t+�e car for weeks. Mayor Nee pointed out• that most of the people that left their car on the street had it towed away. He mentioned that those peop]e had to pay for the towing costs. MOTTON by Counciiman Breider to adopt the first reading of the ordinance, waiving the first reading. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the•motion carried unanimously. RECEIVIN6 THE MINUTES OF THE PLANNING GOMF1ISSION P4EETING OF MARCH 12, 1975: ' MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission � Meeting of March 12, 1975. Seconded by Councilman Breider. Upon a voice vote, al] voting aye, Mayor Nee declared the motior, carried unanimousTy. �� REGULAR COUNCIL MEETI�G OF APRTL 7, 1975 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OE MARCH 19, 1975: PAGE 10 75 MOTION by Coucnilman Breider to receive the minutes of the Planning Commission Meeting of March 19, 1975. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimous7y. RECEIVING THE MINUTES OF THF BOARD OF APPEALS MEETING OF APRIL 2, T975: Councilman Breider asked if he could see theplan of the proposed constructiorr as it related to the master plan of the area The Public Works Director displayed the copy of the master plan. He indicated the portian of the drawing penciled in was the current proposal. The Public l�orks Director listed the number of variances as listed in the heading. Ne explained that the fourth and seventh requests had been deleted and the second request had been amended. Councilman Breider asked haw many lots this would involve and the Public Works director said five, forty foot lots. The Public Works Director asked if Mr. �erry Paschke, fl�co Incorporated, was present and the applicant responded. Mayor Nee asked what the percentage of coverage was in the proposal. The Public Works Director said the coverage was 4d1. Mr. Paschke explained that some of the variances.were really not needed, but the Board of Appeals indicated they woald like to see the eight additional parking stalls in the plan at this time and this ,aCtri buted to the number of variances requested. The Public Works Director said 14 stalls would be sufficient to meet the requirements of the Code. He said the Board of Appeals did request the additional eight stalls on the side subject to change in parking requirements in the future. He said this would be consistant with what was done on the west and east of this proposai. Mayor Nee asked if there were any questions from the City Council or audience and there was no response. • MOTION by Councilman Breider to approve the variances with the stipulations deleting the fourth and seventh requests and amending the second. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot:ing aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of April 2, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL MEETING OF MARCH 20, i975: DERATION OF A REQUEST FOR ROOF SYSTEM ADDITION TO TNE RIVERSIDE CAR Mayor Nee explained that the Buitding Standards Co�unittee had recommended approval of the request. - The Public Works Director pointed out the request to be for the construction of a canopy over the gas pumps at the car wash. He said this would be a concerte roof over three of the four lanes and this would tie in with the building. He said the Subcommittee had recortrnended �pproval of the request with a number of stipulations. 76 REGULAR COUNCIL MEE7ING OF APRIL 7, 7975 PAGE 11 Mr. Sobiech read the stipulations as listed in the minutes of the Building Standards Design Control Subcomnittee meeting. Mr. Samuelson was present to respond for Riverside Car Wash. Mr. Samuelson said he was in agreement with the listed stipulations. The Pub)ic Works Director mentioned that t�e Building Standards Subcommittee �ad mentioned there was a problem �vith an existing sign on the property and asked if this wouid be taken care of at the present time. Mr. Samuelson presented a plan to the Public Works Director for the alleviation of this problem. The Public Works Director said the staff would have to look into the plan to determine if the plan followed the City Code. Councilman Fitzpatrick, Ward Councilman, indicated he had no questions concern�ng the request. MOTION by Councilman Fitzpatrick to approve the request with the stipulations recommended by the Subcommittee and with the additiona] or fourth stipulation that the staff review the plan for the sign presented by Riverside Car Wash and that this would comply with the Code. Seconded by Councilman Breider. Upon a voice vote, all voting aye> t�ayor Nee declared the motion carried unanimously. IDERATION OF A REQUEST FOR LANDSCAPING WORK: LOCATED ON PARCEL 4850 AN OF pARCEL 4800, SECTION 14: THE SAME BEIPaG 410 P�ISSISSIPPI STREET N.E INE The Public Works Director said the Library had submitted pians for construction, but had not submitted the plans for the landscaping of the property. He said the current consideration would be for the landscaping plans. He said ihey had attempted to save as many trees as possible in the construction and incorporate them into their landscaping pian. The Public Works Director pointed out the various planned planting for trees in the area and indicate d if the funds are availab]e, there would be additional shrubbery planted. MOTION by Councilwoman Kukowski to approve the plan for the landscaping for the Anoka County Library, Fridley 8ranch. Seconded by Councilman Breider. Upon a voice vote, all vating aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Sulding Standards Design Control Subcommittee meeting of March 20, 1975. Seeonded by Councilman Starwa]t. Upon a voice vote, a17 voting aye, P4ayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF M{iRCH 18, 1975: AND RESOLUTION N0. 46-1975 - TO ESTABLISH A MODEL ENVIRONMENTAL CODE: Mayor Nee pointed out that about three month ago, three people had met with the Environmental Quaiity Council to discuss an ordinance which they indicated could ' be drafted with their aid. He said he had beentold that there could be some assistance from the State on this and asked Mrs. Lee Ann Sporre, member of the Environmental Quality .Commission to work with t�e State. Mayor Nee said the minutes of the Comnission explain this procedure. He explained that the State Commission is to discontinue making environmental statements and leaving this in the hands of the local units. In order to do this, some ordinance or guildelines have to be prepared for the iocal Commission and staff to work with. He said the proposed resolution .would express the City's approval of this type of cd �boration. � Councilman Starwalt asked what type of time frame was being placed on this considerat- ion. Mr. James Langenfeld, Chairman of the FridTey Envirorimental Quality Commission, said if the resolution is adopted by the Counci7 they wouTd begin to irrunediately . work on the araft and may have a copy of the ordinance within s�x months. MOTION by Councilman Starwait to adopt the Resolution No. 46-1975, to establi a model Environmental Code. Seconded by Councilman Fitzpatrick. Upon a voic vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if there were any comments on the letter from the City ManagE Ne indicated that there would not be any need for action on the proposed leti could be sent as is. _ . 7� 1 I REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 12 � RECEIVING THE MINUTfS OF THE PARKS AND RECREATION COMMISSION MEETING .OF (�9ARCH 24 1975: MOTION by Coucnilman Breider to receive the minutes of the Parks and Recreation Comnission meeting of March 24, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING 7HE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF MARCH 19, 1975: MOTION by Councilman Breider to receive the minutes of the Citizen Bikeway Committee Meeting of March 19, 1975. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF MARCH 21, 1975: MOTION by Councilman Starwa�t to receive the minutes of the Cable Television Commission t�eeting of March 21, 1975. Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider aske d if any,one knew if 6enera' Television had dropped the charge for the canverter. The Technican present indicat � that this charge had been dropped. RECEIVING THE P1INUTES OF THE CNARTER COMMISSION MEETING OF MARCH 18, 1975: ' MOTION by Coune�ilwoman Kukowski to receive the minutes of the Human Relations Committee Meeting of March 20, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF MARCH 20, 1975: MOTION by Councilman Starwalt to receive the minutes of the Hur�an Relations Committee meeting of March 20, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST BY ePRINGBR00K NATURE CENTER FQUNDATION FOR TWO COPIES Of TOPOGRAPNICAL MAPS OF NORTH PARK Af4D WAIVER Of THE FEE OF 332.50: The City t4anager explained that it had been determined by the Couneil at the time that the entire City was surveyed for the topographical maps that if any area maps were requested, that those requesting would pay a share of the costs to alleviate the City expenses for the total survey. He said it would be the City Council's prerogative whether or not to waive the fees in this case. He said this survey was done in 1959 and referred to developers within the City who would request such a topographical map. He mentioned that in the case of this organization, there , would be a different case when there is cooperation on the project between the City and the Foundation. ' Mayor Nee asked if the preparation of the maps at this time would cost the City any- ' thing. Councilman 8reider said it would only be the cost for duplication of what the City already has on file. The City Manager said when this area was originally flown for survey, this cost the City approximately $5,000 to $6,000. He said the Council had taken action to get the money back by selling the maps to private property owners. • , , MOTION by Councilman Breider to wiave the fees as requested by Springbrook Nature � Center Foundation for the Topographical Survey of North Park. Seconded by Councilwoman ` Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . CONSIDERATION OF GUIDELINES FOR PROCESSING FNQUSTRIAL REVENUE BONDS: - ; The Finance Director explained that the guidelines were established so that interested j businesses or individuals would have some idea of the City's concerns. He said � the guidelines are not intended to be all inclusive. The Finance Director said the ; Financial Cbnsultant had suggested that the City inclu�e the $5,000 front end clause � � for the City to obtain funding for certain costs which would be necessary before the ;� Council would determine if the bonds would be issued. Ne said this v�ould be the most significant change in the guidelines. Mayor FJ�e asked if the payment would be refundabie if the applicant was rejected. The Finance Director said the City would charge the applicant for those costs incurred. ,' � � � ' � � �rs REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 13 Councilman Breider said he thought this provision wouid discourage a business from coming in and using the revenue bonds for complete financing. Councilman Breider said he liked the front end clause. Mayor Nee asked if it would be written up that the balance of the money that had not been used through Administrative and legal costs could be refunded to the applicant. The Finance Oirector said it is the intent of the City that they �•ri11 not be out any money if the applicant is not issued the bonds. Counci]man Breider said it should be indicated that this is only preliminary costs and there may be additional expenses incurred in the bond sale and by preliminary review by staff. Mayor Nee said he fe7t this was a.very good piece of work and it is written very clearly. MOTION by Councilman Breider to adopt the guidelines for the issuance of Revenue Bonds with the front end clause with the money refun:iable if not needed for the administrative costs. Seconded by Councilman Starwalt. � The City Ma•ager asked if this information could be forwarded to Mr. Edward Dunn, Fridley Chanber of Corrunerce. The City Manager said Mr. Dunn had indicated that he would send the information to all interested parties. Mayor Nee directed the City Manager to forward copies of the information to the Chamber of Cor.imerce. iUPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if a small advertisement might be run in the corporate.report to indicate that the Revenue Bonds are availabie. He questioned how agressive the Council would want to be. Councilman Starwalt suggested tha the Council wait to take this kind of a step. He said he would like to think about this a while and perhaps advertise in two to six months. The City Manager said he thought there were three to four bonds houses who would promote the sale of bonds after receiving the kno�vledge of the guidelines. He said it would not be a bad idea to send the information to the bond houses. He said if they are aware that the City had taken this action, they will advertise this. DISCUSSION REGARDING INSURANCE COVERAGE FOft OMISSIONS AND ERRORS INSURANCE: The City Manager exp7ained that P. M. Endsley is in the position to provide this insurance to the City. He said the City had received a ietter from its insurance consultant and they had recommended that the City purchase this insurance at this time. The City Manager referred to an art�cle that had appeared in the Minnea,polis Star which indicated that the City of Minneapolis was sued for a total of 22 million dollars in the period of one year. He said he felt the City needed this additional �coverage with the present trend of people suing. The City Manager said the insurance would cost the City $2,840 for one year's coverage. The City Manager said the representatives of the insurance company were present at the meeting to answer the Council's questions. The insurance costs would be divided equally within the various departments, he added. Mayor Nee said the insurar.ce looked good to him and he �•ras glad that the City Manager had brought this to the Council. Mayor Nee said he had this type of coverage within his own business. Councilman Starwalt said certainly businesses carry this type of insurance. He questioned the need forthe insurance at this time if it had not been needed in the past. Counci]man Fitzpatrick said there will be an increased tendency for people to sue the City in.the future. Councilman Starwalt said the tendency grows because the insurance grows. • The City Manager said this insurance would cover the City in a number of areas where it is not covered at the present time. He again pointed out that the insurance consultant of the City had recor�nended it. The City Manager explained that when the insurance was first offered, the cost was very high and this is why they had not recorrunended it be purchased at that time. He added, now, due to the increased sales of this type of insurance, the costs are in line. The City Manager recommended that the Council approve purchase of this insurance, he said the City should have it. � �� _ _ _ ._ __._ _ i ! REGULAR COUNCIL MEETING OF APRIL 7, 1975 _ . _ .. _. __ . _ _ _ ___ _, i g7 PAGE 14 ' Mr. Dale Hadtrath, P. M. Endsley Company, addressed the Council and explained this insurance would be usefull in malpractice suits. He also explained that this would � f a buildin permit or \ cover the City �f there was a m�stake made �n the �ssuance o 9 a liquor license.. Councilman Starwalt asked if there had been a reassessment on cost of the insurance. Mr. Hadtrath said the cost had come down from $7,500 to $2,800. He explained that at first, only a few were buying the insurance and now there are more purchasing it. He also explained that this would allow more premiun:s to work with. Mayor Nee said his business carries this type of insurance and would not be in business without it. The City Attorney said few if any doctors or lawyers would be without this insurance. Councilman Starwalt said he thought the City Attorney was supposed to keep the City out of trouble. Mayor Nee said the coverage would go beyond the Council and cover the employees. Mayor Nee said he would urge the Council to approve the purchase of the insurance. The City Attorney said he would feel much better if this coverage was available. Ne pointed out that many decisions are made by •the staff and if an error is made, it would involve a large law suit. - Councilman Starwalt asked if this would be a deductable insurance. Mr. Hadtrath said it would be $1,000 deductable per claim. He said in defenseit would cover the first dollar, but in claims paid, it would be $1,000 deductable. The City Manager explained that originally the insurance was offered at $22,000 for three years and now it is a little over $8,000 for three years. He said, now, the Administration feels that the insurance should be provided. He pointed out that the legal fees in one case could be this high. Councilman Starwalt questioned the continual addition of new service in the City. He mentioned that this would have to be funded by additional tax dollars.. Mayor Nee explained that over the eyars, many mistakes have been made thai: have never been publicized and this would not only be for the Council, but the employees of the City. Mayor Nee said he thought the insurance would be a good idea. MOTION by Councilman Breider to approve the purchase of the Errors and Omissions Insurance. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, and Councilman Breider voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF BAYER'S LAKESIDE ADDITION PLAT: The Public Works Director explained the history of the proposed plat and ekplained that on March 21, 1973 the Planning Commission had recommended approval of the plat with four.lots on McKinley and 4 lots on Lakeside. He said after this time, the applicant indicated he would rather have four lots on Lakeside and five 72 foot lots on McKinley. He said tPie final plat was approved with the four lots on Lakeside and five lots on McKinley. He said this plat had been revised aga{n to provide three lots on Lakeside and five on hlcKinley. The Public Works Director said Mr: Bayer was present. Mayor Nee asked if the piat had been approved and not filed in 1973. Mr. Bayer saZd yes. Mr. Bayer further explained that there was no street at that time, it was just completed the last year. lie said th property lakd idl,e until the present time. Mr. Bayer explained the progress of the changes in lot numbers and sizes. He said the reduction in size was due to the sale of some land to a neighboring property owner to enable him to build a garage. MOTION by Councilman Starwalt to reapprove the final plat as modified with the three lots on Lakeside ancl five lots on McKinley. Seconded by Councilwoman Kukowski. Councilman Breider questioned why a lot had been dropped from the plat. Ne asked if a house had been built on the lot before the'plat was approved. Mr. Bayer explained � � � �8 REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 15 that the City had allowed him one building permit for the entire parcel to be platted. The Public Works Directar said the lot in question would not be a part of Lot and �ot a part of the plat. Mr. Bayer said the'lot had been eliminated from the plat. The City Attorney said the legal description would treat this as an exception. . � The City Manager said he would like to note the problems with the soil conditions � in this area and indicated these would have to be alleviated before there is any building on the "lots. Mr. Bayer said this is true, and the easement will take care of this problem. The City Attorney said there is a high water problem Mr. Bayer said there may be some problems on Lot 4. �� � Counc9lman Starwalt asked if this consideration could be noted on the specific building permits. The City Manager said he had men.*,ioned this problem to make sure that the applicant stays. out of the water table. He would not want him to come back to the City and say that he did not know about t�is. Mr. Bayer said there would be no prob]em. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LIQUOR LICENSE APPLICATION FOR MnPLE LANES, 6310 HIGHWAY #65 N. E. ON AGENDA AT THE REQUEST OF MR. SAVELKOUL : The Public Works Director indicated Mr. Savelkoui said he wou7d be in attendance at the 1 meeting at about 9:30 P.M: and he was not there at the present time. Mayor Nee said this�would be taken care of when Mr. Savelkoul arrived. (Note: this was taken care of later in the meeting.) M � � � � � � RECEIVING REPORT ODJ COMPREHENSIVE EMPLOYMENT TRAIPJIP!G ACT PROGRAM (CETA): Mayor Nee explained that the City had hired four employees under the CETA program using funding from the State. He referred the Council's attention to Page 20 of the agenda and said thisis how the Administration would be allocating the funds. The City Manager explained that �there is one big stipulation in the hiring of the administrative persons, and that is that the positions will terminate when this funding is no longer available. He said these positions are not something the City would want to perpetrate after the funding is not available. Councilwoman Kukowski indicated that she thought that women need jobs also and all those hired in this program were white males. The City Manager said there was certain criteria that had to be followed in the hiring of people. He explained that there v�re very few who would meet the requirements. He listed that the person had to be unemployed and have used all of the unemployment benefits aiong with being a Veteran. He said the Administration had to check all of the criteria before finding q�alified applicants.. Councilwoman Kukowski said this would keep the qualified persons down to w�hiie maies. The City Manager said perhaps with the modification of the Veterans Preference laws, there wi11 be some change in this. Mr. Qennis Schneider said the Council had indicated that they would lik� a woman hired. The City Manager said with the requirement that the person be a Veteran, this made this very difficult to consider any women. Mr. Schneider said he recalled that the Council directed the Administration to hire a woman and he said this would be found in the minutes. Mayor Nee said this was not really Council �onsensus, some ef the members were of a different opinion. The City Manager said an effort was made in this direction. He explained that these people would be City employees but the hiring had to be done according to the Federal requirements. He stated that the people had to be certified and also had to meet the criteria set up. He indicated there�rere aboui 12 items listed in these require- ments. He said the City had considered the best qualified people that met the set of requirements, , Council+voman Kukowski asked if this pragram could be used again in the future. She asked if the City might have the discretion to say who would participate. The City Manager said this is a�ederal program, and the City would have to meet their requirements to obtain the funding. He said unless the people qualify, the City would not obtain the money. He said the City would have to work within their limits. J �`�� I _ ___ .. _ ___. _ .. __— ---.___ _____ _- _____ __.____.____--- _..-----__--- _ _ --- --- , t39 _ REGULAR CQUNCIL MEETING OF APRIL 7, T975 PAGE 16 . Councilwoman Kukowski asked if the criteria could be set so that the person be a Fridley resident. The City Manager said the criteria was that the persons consi�ered be residents of Anoka County. He mentioned when the money cames from Federal funds, ' it leaves very Jittle discretion for the City. A question was ra�sed on how the funding was channeled and Councilman Fitzpatrick answered the program was funded with the funds coming through the County. The City Manager said this had been a lengthy process from establishing the criteria, certification of the applicants, and approval of those proposed for hiring through the County. The City Manager said the Administration would recormnend that when the funding is withdrawn, the City not.carry these positions. Mr. Nick Garaffa, 6750 Monroe Street, said the salary is listed for $5,000 for five months. He asked if the salary range had anything to do with the exclusion of women participating. He questioned if the persons former salary was a bearing and said very few women would make $]0,000 per year. The City Manaaer said this was not criteria. He said there is a limit that the positions would not pay over $10,000 per year. He further explained that if the p�ople hired would be working with Union people, thF�� would have to be paid at the same rate as the Union people and this additional �xpense if any would have to be picked up by the City. He`said this case was in existance with the maintenance personnel hired. . Mr. Garaffa again questioned if there was some requirement that the woman had to make this on her previous job. He said this would exclude women. fhe City Manager explained that ihe veteran would have absolute oreference and there are additional requirements after this is satisfied. He said the rules would tend to determine that the City had to hire a male veteran. The City Manager said the amount that tne person made previous to this time had no bearing on the job, but the limit for the compensation will be $10,000 per year. He said if the job pays more, the City would have to pay more. MOTION by Councilman Starwalt to receive the report concerning the hiring of four _ persons under the CETA program. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 47-1975 - SUPPORTING THE•GOVERPdOR'S PROPOSAL FOR A REDISTRIBUTION OF GROSS EARtdINGS Tt1XES ON RAILROADS ATdD TELEPHONE COMPAPdIES: The Finance Cirector said the adoption of the proposed resolution would put the Council on record supporting the Governor's proposal. He said fundamentally, the proposal would change the distribution.of the gross earnings on Railroads andthe Telephone companies to allow the municipalities to obtain their fair share of the revenue. He continued to explain that Minneapolis had shared all of the gross earnings and had not brought their real estates taxes in line. He said with the proposed legislation, the City would fair better in the gross earnings tax distribution. � The Finance Director said the League of Minnesota Alunicipalities favors the gross earnings formula reco�nended. � Mayor Nee asked if this proposal were_adopted, would this distrubute $257,000 to the City annually. Mr. 6runsell said this is right. Mayor Nee said this is a very substantial amount of money. The City Manager said the City could not raise the tax ��. revenue, this would lower the taxes tor the home owners. The City Manager further explained that the City would only receive about 75% of the money, some of the money' would go to other governmental uniis. He said this is the point of viev� of the City i \ of Fridley because they would benefit from this formula, other will oppose because I their benefits would be decreased. MOTION by Councilwomai; Kukowski to adopt Resolution 47-1975, supporting the Governor's proposal for the redistribution of yross earnings taxes on Railroads and Telephone Cor�panies. Seconded by Councilman Starwalt. Upon'a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DERATION OF LIOUOR LICENSE APPLICP,TION FROM MAPLE LMlES. 6310 f{IGHWAY A1r. Savelkoul addressed the Council and indicated that he thought all of the Council was aware of the application for the liquor license by Maple Lanes. He explained that the firm had modified their plan for improvement of the operation to comply.with � � , yo r REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 77 , the amendments in the Ordinance recenily adopted by the City Council. He explained � that the original proposal was for a limited restaurant in the space that was available within the existing facility and now, the modified proposal would create a restaurant wn�ch would be segregated from the remainder of the operation. He � explained the planned investment to be in six figures and pointed out that this � new plan would comply with the City's existing ordinances. Mr. Savelkoul said he � had discussed the new proplsal with the City Attorney and was sure that it would meet the amendments in the City's liquor ordinance. Mr. Savelkoul requested approval of the plan at the present meeting stating the firm would comply with any require- ments that the City stipulates. He said if this would be possible, this would a]low � the modifications and construction to begin at the first part of May and would enable completion of the changes by September 1, 1975. � � L_J � The Public Works Director said he had talked to Mr. Savelkoul that day. He continued to comment that he had reviewed the plan for the space requirements and the kitchen and dining area would be correct with 2,000 square feet. He said the ordinance requires that the seating capacity be 130 persons and with 15 square feet pre occupant to be provided, there should be an additional 300 feet to allow enough area for the proposed seating capacity. The Public Works Director explained that the plan that was received by the City was only for that section for the proposed restaurant area, and he had not reviewed the plan for the entire complex to determine if there is possible expansion area. The Public Works Director said ihis space couid be expanded through the addition of space for the.exit. He indicated that theplan did not propose the entrance or door size. The Public Works Director continued to explain that there would be a requirement For the installation of a sprinkling system, He indicated that there would be no problem in planning this in the remodeling of the b�ailding. The Public Works Director exp]ained that there would have to be a landscape plan submitted for review. � Mayor Nee asked Mr. Savelkoul if it would be possible to include the additional 300 feet in the plan for the building. Mr. Savelkoul said h? would have to do some thinking about this. He said he had talked to the supplier who f�ad drawn up - the plans and,indicated what the seating capacity would be required at and the requirements for the square footage. He said he had not talked to the Public � Works Director until late and did not know the State requirements until that tim�s. Mr. Sava]kou] said they would have to comply with the requirements set forth: Mr. Savelkoul indicated that there would be two possib�lities for soTving the area question: one; to add on to the building to the west, and secondly, ihe plan before the Council was for a completely enclosed restaurant facility, and ,, there may be the possibility of using the space outside the restaurant. He said ' if the later suggestion could be utilized, there would be no problem because there is additional room with tables, etc in the other areas. He said if the facility would have to be expanc�ed to provide the additional square footage, this would � have to be d,onn t;hro�!gh addition to the west because of the na±ure of the present establishment. Mr. Savelkoul said this would all be worked out to comply with the various requirements. r � ' � �� The City Manager said with the entrance on the south side, it would be possible to provide a foyer with this additional space that would be attractive. The City Manager said he had been in contact with Mr. Savelkoul and he was sure that this would be worked out. Ne said there would be no legal problem. He said with the physical separation, there would be no problem in meeting the requirements. 7he City Manager explained that the hearing process was proper and if the Council so desired, they couid take action to provide a]iquor license with the understanding that all of the necessary requirements are to be met by the applicant. He said the building would ha-ve ta be upgraded and all of the building codes complied with as well as the City and State Laws. He said in this case he felt that with the feeling of the applicant to complete the necessary work before September, that the per.iod of six months would be adequate for the reservation of the license in the resolution of intent. Mr. Savelkoul felt this would be ample time with the deadline to be done with construction by . September ' The City Manager said the resolution could be brought back to the Council for action • the foilowing Monday evening if this is the consensus of the Council. , Mayor Nee asked if there would be any legal problems. The City Attorney advised the Coucii ihat with the separation of the operat�ons, there would be no problems. He said according to the Attorney General's opinion, the liquor license could not be issued to the restaurant in the bovrling alley. . � 9l � REGULAR COUNCIL MEE7ING OF APRIL 7, 1975 PAGE 18 � \ The City Attorney said he would be satisfied and the Attorney General would be satisfied with this type of arrangement. • . Mayor Nee asked if this would be a separate Corporation. Mr. Savelkoul said ihis would be one corporation. The City Attorney said the account would be kept separate from the remainder of the operation. Mr. Savelkoul said this would be kept separate. Councilman Starwalt said he felt the plan is what the applicants felt they should have had three rnonths ago. Mr. Savelkoul said with the amended ardinance, this is the only way they feel they could go at this time. The Public Works Director said there would be no problem with the parking, there is additional property that could be used to gain additional parking spaces. Councilman Starwalt questioned the 40/60 food/liquor split requirement and how this would be ascertained by the corporation. The Finance Director said the City would ask the establishment to provide a statement by a certified public accountant at the time of renewal of the license. He informed the Council that the City does have this information from three out of the four existing liquor b�isinesses in the_ City at the present time. The City Attorney said the City Ordinance provides that the applicant provide such a statement at the t ae the license would be considered for renewal. Mayor Nee questioned if_the public hearing on the proposed license application had been ciosed. Mr. Savelkoul expressed the feeling that the public hearing had been closed and after this time he had requested the item �o be continued until after the ordinance was amended. Cqunciim.an Breider indicated he recalled that the hearing had been closed and Mr. Gottwaldt had requested that the consideration be put off for ane to two months. The City Manager explained that if the Council adopted the resolution, this would onlu be a resolution of inte"nt to reserve the license contingent upon the applicant meeting all of the necessary requirements of the codes and building permits, etc. He said this operation would also receive Council review on the conditions of the building improvement. He said the Council would have two opportunities to review the improvement process before the license is issued. Mayor Nee said he believed the next step would be to bring on the resolution of intent to reserve the 1icense. MOTION by.Councilman Starwalt to direct the Administration to prepare the resolution of.ir.tent to issue the liquor license for Maple Lanes upon compliance U�ith the additional square footage requirements, City, State and all other health and sanitation require- ments and indicatin g that this does not constitute approval of the issuance of the license at this time. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS APdD A4JARDING CONTRACT FOR STREET IMPROVEMENT PRQJ�r.s ST 1a75-1 AND ST 1975 2 MSAS (BID OPENIN6 MARCH 20 19Z5L:. The Public Works Director explained that the City had received nine bids under this project and they were listed in the Council agenda on Page 22-B. He said the low bi�' carie from Dunkley �urfacing and the bid a�as from 10% to 15% lower than the engineering estimate. The Public Works Director said the bids are very competitive this time of year. Mr. Sobiech recommended that the Council award the contract to Dunkley Surfacing in the amount of the lump sum bid. BIDDER BID DEPOSIT Bury & Carlson 5% 6008 Wayzata Boulevard ' Minneapolis, Minnesota 55416 Hardives, Inc. Generai Contractors 3030 Harbor Lane �:orth Suite 216 Minneapolis, Minnesota 55441 C. S. McCrossan, Inc. Box AD ' Osseo, Minnesota 55369 N. & S. Asphalt Company Anoka, Minnesota 5i 5� 5q LUMP SUM BID $555,049.47 $564,691.70 $573,J 27. 39 $571,101.36 � . ` y� . , �J � REGULAR COUNCIL MEETING OF APRIL 7, 1975 BIDDER . BID DEPOSIT Arcon Construction Company, Inc. 5� Mora, Minnesota 55051 Pragressive Contractors, Inc Box 368 Osseo, Minnesota 55369 Alexander Construction Co. County Road 42 & Fairgreen Ave. Apple Valley, Minnesota 55124 Ashbac%� Construction Co. 1910 W. County Road C St. Paui, Minnestoa 55113 Dunkley Surfacing Company 3737 East ^iver Road Minneapo7is, Minnesota 5542] 5% 5% 5� »�� PAGE 19 . LUMP SUM BID $564,856.30 $583,240.57 $584,403.28 $6n,0,E54.57. $553,034.17 MOTION by Councilwoman Kukowski to receive the bids and award the contract for � Street Tmprovement Project ST. 1975-1 and ST. i975-2 MSA.S to Dunkley Surfacing Company in the amount of $553,034.17. Seconded by Councilman Starwalt. Councflman 8reider asked if the item on the agenda, #25, Street Improvement Project , ' ST. 1975-1, Addendum #1, could be added to this project. The City Manager expiained that the contract could be increased by 25%. The City Attorney sadi the City would have this authority and this would be taken care of by unit price. � � ' � � i. � , � � � UPON A �'OICE VOTE, al7 voting aye, Mayor Nee declared the motion carried unanimous7y. RESOLUTION N0. 48-1975 - REOUESTING COMMISSIONER OF HIGEIWAYS OF THE STATE OF MINNESOTA rtv � v��u.� �.� -��. Mayor Nee said the proposed resolution is a technicai resolution. The Public Works Directar.said this would allow the CIty to receive the State Aid funds in advance. MOTION by Councilman Starwalt to adopt Resolut9on No. 48-]975, requesting the Commissioner of Nighways of the State of Minnesota to authorize advanced encumbrance from the construction account of Municipal Siate Aid funds for ST. 1975-2. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLU7ION N0. 49-1975 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1975-1, ADDENDUM #1: The C9ty Manager said the improvements proposed are being executed because of a request by the developer to instal] such improvements in Rice Creek Estates and Rice Creek Estates Second Add�tion. .He sa�d as a stipulation of the final plat, the City had agreed to cooperate in the construction of the improvements. He said this would bring the necessary report to the Council for apporval. MOTIQN by Councilman Starwalt to adopt Resolution No. 49-1975, ordering preliminary plans, specifications and estimates of the costs thereof; Street Improvement Project ST. 1975-1, Addendum #1. Seconded by Councilwoman Kukowski. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 50-1975 - RECEIVING TNE PRELIMINARY REPORi' AND CALLING A PUBLIC HEARING MOTION by Councilman Starwalt to adopt Resolution No. 50-]975, receiving the preliminary . report and calting a public hearing on the matter of the construction of certain improvements, Street Improvement Project ST. i975-1, Addendum #1. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � 0 �.-.. 0 � ; REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 20 RESOLUTION N0. 51-1975 - AUTHORIZING ANQ DIRECTING TH£ SPLITTIPdG OF SPECI'/!(_: ASSESSMEPlTS ON PAR7 OF LOT 23, PARCEL 2800, AURITOR'S SUBDIVISION— #22-�`^`-' M�TION by Councilm�.n Breider to adopt Resolution No. 51-1975, authorizing and directing the splitting of special assessments on Part of Lot 25, Parcel 2800, Auditor's Subdivision No. 22. Seconded by Councilman Starwlt. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 52-1975 - AUTHORIZING AND DIRECTING THE^SPLITTIPJG OF SPECIAL MOTION by Councilman Breider to adopt Resolution No. 52-1975, autharizing and ' directing the splitting of special assessments on Lot 4, 81ock 1, Spring Lake Park Lakeside Addition. Seconded by Councilman Starwalt. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION �0. 53-1975 -_AUTH�RIZING AND DIRECTING THE COP4QINING^OF SPECIAL � y3� ���.,���„„ MOTION by Councilman Breider to adopt Resolution No. 53-1975, authorizing and directinq the combining of special assessments on Lot 1, Block 3, and east 112 feet of Lot 2, Block 3, Moore Lake Highlands. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 54-1975 - AUTHORIZING AND DIRECTING THE COMSINTNG OF SPECIAL __ __ ___ "'...... � �.....-��nYrn rnnncn�c. � MOTION by Coucnilman areider to adopt Resolution ho. 54-1975, authorizing and directing the combining of special assessments on Lot 10A, 61ock l, and Lot 106, Block l, Edgewater Gardens. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERA7ION OF REQUEST BY PQAYOR NEE FOR DIRECTION ON PRESENTATION CONCERNTNG FISC L DISPARITY LAW: Mayor Nee said the information prepared is in opposition to tkie Fiscal Disparity law as it has been applied. Ne said examples are given through the material stating why the law does not work. Mayor Nee said the current application of the law represents a cost of the City`s tax payers in the amount of $423,000. He said the majority of the revenue is given to the larger cities of Minneapolis and St. Paul. He said the law does not function as the legislature had intended it to. Mayor Nee said this can be illustrated by comparing the tax burden on Districts 16 and 13. He said he did not know if this material represented the feelings of the Council. Councilman Breider said he would support the proposal for the modification of the law. He commented that the City of Fridley had worked hard to come up with plans and pay for them. He indicated under the present administration of the law, those who had not done the planning are benefiting from the law and they had not gone through the expense of planning. He said he believed the current application to be senseless. He said he would like to know the cost of the administration of the current .law indicating it to be excessive. Councilman Fitzpatrick indicated he agreed with the previous comments. Councilman Starwalt said there may be some need for this concept, but not to the extent that the current law implies. Mayor Nee agreed saying this is extreme. Councilwoman Kukowski asked if there is a strong movement to repeal this law. Mayor Nee explained that one of the original speakers in s�rpport of the law had changed his mind. Mayor Nee said he believed this to be a joint effort on the part of the first tier suburbs. He indicated that the impact of the law had not been assessed before the adoption of it. , The City Attorney said he would like to see a copy of the document. Mayor Nee said he would present the statement. CLAIMS: � • GENERAL 39400 - 39704 ,, � ,� �9 REGULAR COUNCIL MEETING OF APRIL 7, 1975 PAGE 21 LIQUOR 9692 - 9731 . , MOTION by Coucnilman Breider to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, a]1 voting aye, Mayor Nee declared the motion carried ur.animously. ESTIMATES: • American Contracting Corporation 1540 Yellowbrick Road Coon Rapids, Minnesota. 55433 PAR7IAL ES7IMATE No. 2 for Sanitary Sewer, Water & ; 13,177.91 Storm Sewer Improvement No. 116 Smith, Juster & Feikema Suite 1250 Builders Exchange Building Minneapolis, Minnesote� 55402 � Estimate for March 1975 Prosecution work t:� Carl Newquist 1,100.00 MOTION by Councilman Breider to approve the Esiimates. Seconded by Gouncilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . ADJOURNMEPJT: MOTION by Councilman Breider to adjourn the meeting. Second�d by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 7, 1975 adjourned at 11:03 P.M. ' Respectfully submitted, ��� Pat Ranstrom Secretary to the City Counci7 Date Adopted \ Wil7iam J. PJee Mayor �;�I�LtY CITY COlJidCIL — REGULAR (�'iEETI1 PL�t1GE OF HLL�.GIAfVCE: ROLL CALL: 7:30 P.M. Given Al1 present PRESEidTAT IO�� �F ECOLOGY FLAG : PRESENTED BY �AN �OUSE FOR Ti SCHOOL EARTH �EEK COMf�'iITTE� Mr. Dan Rouse appeared before Council and explained that the flag had be�n stolen. PROC��Ii�l% i I �?i� : PROGLAIMI NG ���AY l�, 1975 ��FI RE SERVI CE RECOGN ITION �AY�� Adopted. APPt�UV;-s� GF i�i I i�UTES : �EGU�AR �fIEETING, FEBRllARY 24, 1975� Adopted as presented. SPEC I AL !"�cETI ��G, FEBRUARY 25, 1975 Adopted as presented. REGULAH I"�EETING, ��ARCH 5, 1975 Adopted as presented. PUBLIC �iEARI NG, I`�ARCH 1�, 1975 Adopted as presented. REG�1LAr2 fy1��T I �r'G, APR I L 7, 1975 PAGE 2 A�OPT I Oid OF AGEiVDA : Adopted with addition of consideration of proposed presentation by Mayor Nee on Fiscal Disparity law. OP�fd FORUi��, V I S I TORS : ��ONSIDERATION OF I-rEr�s NOT ON AGENDA — 15 �INUTES) Mr. Den•nis Schneider, 6190 Stinson Blvd., requested some solution �o late public hearings. A1se requested to receive minutes of City Council.meetir�s. Mr. Lawrence Tostenson, 704 63rd Ave. N.E., request to waive final utility bill not paid by previous owner. Councii passed to staff to find solution. Mrs. Helen Treuenfels, 5460 7th St. presented bicentennial materials to Council. oLi� �us 1 ivESS : COtVSIDERATION OF AN URDINANCE AMENDING CITY CODE i�EGARDING COh1MITTtES AND COMMISSIONS AND CONSIDERATION OF 1�PPOINTM�NTS TO 1�OARDS AND COMMISSIONS � CFROM �vicETING QF I'�ARCH 3, 1975) � ' ' � � �.P� I��CEIVING COMMUNICATIONS FROM BARBARA HUGNES AND _ i�ENNETH �RENNER � � � � � � . � � . � � � . � � � � � . � � . . 1 — 1 S Council directed the Administration to send a letter indicating the ordinance amendments are being considered to area oraanizations and send the proposed ordinance to those who have requested the draft. Public Hearing set on proposal far May 12, 1975. Letter received from Barbara Hughes and Kenneth Brenner. i � '' 'I , i�EGULN� i�i�.ETI�JG, �PRIL 7� 1975 . . . PAGE 3 OL� �USII�ESS CCUI��TIi�UED) . COfVSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING iEQllEST ZOa t�%4-05, BY �AO P'�ANUFACTURING COMPANY; TO REZONE FROM C-G� TO �'I-1; THE SAME bE I NG Zl�l� I��I SS I SS I PP I STREET �I � E. AND CONSIllERATIOP� OF APPROVAL OF A REQUEST FOR VARIANCE AT �i� I'IISS.ISSIPPI STREET BY RAO MANUFACTURING COMPANY AND CONSIDtRATIOfV OF APPROVAL OF REQUEST TO CONSTRUCT A P�EW ' �iUILDING AT ZU� �'�iISSISSIPPI STREET �'�, E� BY RAO P�IANUFACTURING � COMPANY � � � � � � � � � ,. , ' , , ' ,. ' ,. � � _. . � � � � � . Z - Z M � _ PLANN i�v� CoMrYj I S S I OP�! R�COMM�NDAT I QN : APPROVAL I F THEY � P9EET ALL NOISE TRANSMISSION REQUIREMENTS� _ _ _. _ liOARp OF j�PPEALS RFCOMt�IENDATION: APPROVAL GONTINGENT � UPON THE REZONING� �.�J Y l..D I_NG STANDARDS �ECOMlv1ENDAT I ON : APPROVAL SUBJECT TO � 5"l T PlJLAT I ONS � COtJNGIL `r1CTI0N i�EQUIRED: CONSIDERATION OF RECOMMENDATIONS� � Ord�n-ance No. 581 adopted. Variance approved and building request approved with stipulations recommended by Building Standards Subcommittee and also that berming be installed on the South and East sides of the building and , where it had been shown on the plan and also siipulating that the security lights will be directed to not shine on the res.idential or apartmen� dweliings, and that screening be installed. � - i� � 0 1 REGULHR i��E� i I iw�, i�PR I L 7, 1975 OLi� �USIfdESS (COi�TIidUED). CONSIDERATION OF SECOND READING OF ORDINANCE FOR REZONING � REQUEST LUH r�7�-01 aY CENTRAL AUTO PARTS TO REZONE FROM C-2S TO IY1-1; GENERALLY LOCATED �UST I�ORTH OF 1201 73� � �VENUE iV, E, ' I ' AND �ONSIDERATION OF APPROVAL QF SPECIAL USE pERMIT SP #75-�1, BY CEf�TRAL AUTO PAP,TS; TO �1LLOW EXPANS I ON OF BOUNDAI RES OF CENTRAL NUTO PARTS �OR �UNK YARD PAGE 4 AND CONSII�ERATION OF l�PPROVAL OF FINAL PLAT P,S, #75-01, CENTRAL V I E4�J ifIAN�JR ZND ADDIT I ON; GEN�RALLY LOCATED BETWEEN (.EiVTRAL f-1VENUE AND i-I I GHWAY t��i� i�i , E., �'�ORTH �F �� 2 �1VENUE i�,t, , , , , , , , , , , , , , , , , , , , , , , � . , 3 — 3 G . __ . _ __ ___ PLANNING COMd.ISSIOf� RECOh1ME.i�DATIO�(.: APPROVAL WITH � STIPULATIOiJS � � � � �OtJNCIL 1�CTIOPd REQUIRED: CONSIDERATION OF RECOMMENDATIONS Ordinance No. 582 adopted with stipulation that publication will be held un�il the plat is received. Special Use Permit approved with the recommended stipulations. Fina1 Plat approved. i���J 1�US 111cSS : � � CONSI�7ERATION OF AN ORDINANCE TO AMENt� CHAPTER 506, SECT I0� SOCi , O�, fiEMOVAL, OF TH E C I TY CO�E OF THE C I TY 0� FRIDLEY �SNOW i�EMOVAL - VIOLATION AND TOWING). � , . � � � � First reading adopted. � 4-4A R�GlJL�R i�]ErTIi'uG, �iPRIL 7,, 1975 . _ iV�W BUSIidESS CCUidTIiyUEil) PAGE 5 �ECEIVING TNE MINUTES OF THE PLANNING COMMISSION MEETING . . _ oF i'�ARCH i2, i975, , , , , , , , , , , , , , , , , , , , , , , 5 - 5 C _ _ COUNGIL HCTION �{EQUIRED: �VONE� RECEIVE MINUTES ' Minutes received. I�ECEIVING TNE MINUTES OF THE PLANNING COMMISSION MEETING oF i'�ARCH 19, 1975 , , , . , , , , , ! , , , , , , , , , , , , , 6 _ _ _ _ . COUNCIL ACTION REQUIRED: IVONE, RECEIVE MINUTES Minutes received. �ECEIVING TNE MINUTES OF THE BOARD OF APPEALS MEETING OF APR I L Z, 1975 . . . . . . . . . . . . . . . . . . . . . . . 7 — 7 B l. PACO, INC� %g�O ELM STREET IV� E� 1�OARD RECOMMENDATION: RECOMMEND APPROVAL CQUNGIl,,._ACTTQN REQUIREI�: CONSIDERATION OF RECOMMENDATION Variances approved deleting #7, #4 and amending the #2 request. Minutes received. 0 � REGUi�R i i�E! I i��G, APR I L 7, 1975 � iVtW BUS I ir'ESS (COi�TI NUED) PAGE 6 RECEIVING THE I`�IINUTES OF THE BUILDING STANDARDS - DESIGN �OyTROL �"IEETI NG OF �`IARCH 2c�, 1975 � , , , . � � � . � � � � � $ ' g B 1. �IVERSIDE CAR �r�ASH, ��20 EAST RIVER ROAD: � t�OARD RECOl+'iMENpATION: APPROVAL WITH STIPULATIONS� COUNCI ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION Request approved with the stipulations of the Subcommittee and adding the requirement that the staff rev�ew the plans for the sign as submitted by the applicant at the meeting. , Z� ANOKA COUNTY LIBRARY, 41O IIISSISSIPPI $TREET I��E� �LANDSCAPING ��ORK) � � � �ARD RECOMM�[�DATION: APPROVAL COUNCIL ACTION R�QUIRED, CONSIDERATION OF RECOMMENDATION Landscaping plan approved. h�fi nutes recei ved . RECEIVING THE �Y�INUTES OF THE ENVIRONMENTAL Qt1ALITY COMMISSION I�IEETING OF I'�ARCH Ig, 1975 �AND � CONSIDERATIOI� OF A RESOLUTION TO ESTABLISH A MODEL ENVIRON- MENTAL CODE � � � � � � � � � � � � � . � � � � . � . � � � � � 9 - 9 F _ . _ _. � �Q.C� RECOMMENpATION.: ADOPT RESOLUTION ESTABLISHING - MODEL EfVVIRONMENTAL CODE : _ �; ■ �jy�' I L i�CT I nN R�QU I R�_D : CONS I DERAT I ON OF RECOMMcNDATION , � Resolution No. 46-1975 adopted. Minutes received. Council directed the City Manager to send letter. 0 � RE�GULAR MEETIiVG. APRIL 7, 1975 . PAGE 7 i�EW BUSINESS tCOfJTIiVUED) RECEIVING iN� I''�INUTES OF THE PARKS AND RECREATION �OMMISSION I`'ItETING o� ��aRCH 24, 1975, . . � . � � . ,� . � � l� - 10 A ��inutes received. RECEIVING THE �'�II(�UTES OF THE CITIZEN BIKEWAY COMMITTEE ��EETI NG OF f`�ARCH 1�, 1975 � � , � � � � � � � � � � � � . . � 11 - 11 C Minutes received. RECEIVING THE �`�INUTES OF THE CABLE TELEVISION COMMISSION MEET I fVG OF �'�ARCN L1, 2�%� � � t � � � � � � � � � . � � � . � 12 .— 12 D Minutes received. RECEIVING THE MINUTES OF THE CHARTER COMMISSION r�EETING . OF �IARCH 13, 1975, , , . , . , , � , , , , , , , , , , , , , 13 - l3 A Ptinutes received. � REGULAR f°�EETIiVG, APRIL 7, 1975 i��.�l �US�i�r.SS (COi� I Ii�UEi1) � � - ;7 KECEIVING THE I°IINUTES OF TNE IiUMAN RELATIONS COMMITTEE ��IEET I f�G oF f`�ARCN 2O, 1975 , � . . . . . . . . . . . . . . . . 14 - 14 C Minutes received. CONSIDERATION OF A PEQUEST BY SPRIhGB'�OK I�iATURE CENTER FOUNI�ATION FOR TWO COPIES OF TOPOGRAPHICAL ���APS OF NORTH PARK AND V�AIVER OF TNE FEE OF $3�2�5�, � � � . � � � � � � � 15 Fees waived. � CONSIDERATION OF GUIDELINES FOR PROCESSING INDUSTRII�L REVENUE �o�vDS, . , . , . . . . , , , , t , , , , , . , , . , 16 - 16 E Approved with the amendments suggested. Information to be submitted to Chamber of Commerce. �JISCUSSION �'EGARDING INSURANCE COVERAGE FOR OMISSIONS AND ERRORS INSURANCE � � � � . . � � � � � � � � � � � � � � � � 17 - 17 K Approved purchase of insurance. 0 c I��1. � 1 . PAGE 9 REGULAR MEETIfVG, APRIL 7, 1975 � IVEW BUS I f�ESS tCOiVT I i�UED) _ CONSIDERATION OF REAPPRQVAL OF B/�YER�S LAKESIDE � � I�DD I T I ON PLAT � � , , � � � , , , � � � . � � . � � . � � � . . Ig — I$ G Plat reapproved. CONSIDCRATION OF LIQUOR LICENSE APPLIGATION FOR i�APLE LANES, ��IO HIGHWAY #65 �V� E� tON AGENDA AT REQUEST OF f`1R � SAVELKOUL) � � � � � . � � . � . � � � � � � � ' � ' ' ` Administraiion directed to prepare a resolution of intent to issue license if all requirements are mete ' 0 19 RECE'iIVING REPORT ON COMPREHENSIVE EMPL�YMEfJT TRAINING �c�r PROGRAM CCETA> , ; . . . . , , . , , � , , � , . , , . � 2a - 20 B Report received. CONSIDERATION OF A RESOLUTION SUPPORTING THE GOVERNOR'S PROPOSAL FOR A REDISTRI�UTTON OF GROSS EARNINGS TAXES ON RAILROADS AND TELEPHONE COMPANIES, , . � � � � � � � � � � � 21 — Z1 �I Resolution No. 47-1975 adopted. . R�GULAR (YIEETIf�G, APRIL 7, 197� iVEW �USIiutSS (CUiaTIi�U�I�) 0 PAGE 10 KECEIVING i�IDS AND AWARDING CONTRACT FOR STREET IMPROVE- MENT PRO�ECT ST, 1975-1 AcvD ST, 1975-2 MSAS tBiD �PENING I'IARCH �1�, 1975) � � � � . � � � � . • • • � • • ' • . 22 - 22 B Bids received and contract awarded to Dunkley Surfacing in the amount of $553.034.17. CONSIDERATION OF A i�ESOLUTIOtV REQllESTING COMMISSIONER OF HIGHWAYS OF THE STATE OF I�IINNESOTA T� AUTHORIZE aDVANCE� tNCUMBRANCE FROM THE CONSTRUCTION ACCOUNT OF �IUNICIPAL STATE aID FuvDS (ST. 1975-2). . . . � � � � � � � Reso7ution No. 48-1975 adopted. 0 1 � CONSIliERATION OF A RESOLUTION ORDERING PRELIMINARY � PLANS, SF'ECIFICATIONS, AfVD ESTIMATES OF THE COSTS iHER�OF: S7REET IMPROVEMENT PRQJECT ST. 1975-1, � ADDENDUM �� � � � . . � . � � . . . � � � . . � � . . . � . Resolution No. 49-1975 adopted. , � � 11 ' CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMIIVARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST, 1975-1, ADDENDt1f�1 ttl� . . . . • • • � Resolution No. 50-1975 adopted. ' � 23 24 25-25A I � � . . ', ' REGU�AR �1EtTIiJG, APRIL 7, 1975 PAGE 11 idEW �US I iVESS CCOf�JT IiVUED> CONSIDERATION OF A f�ESOLUTION AUTHORIZING AND I�IRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LoT 23, PaRCE� 2�00, AUDITOR�S SUBD �ZZ� ���.�. Z6 , Resolut�on No. 51-1975 adopted. ' � � � � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL 1�SSESSMENTS ON LOT 4, BLOCK 1, SPR I NG LAKE PARK LAKES I DE � � � � � . � � < < � � . . � � � � Z� Resolution No. 52-1975 adop�ed. , CONSIDERATTON OF A RESOLUTION AUTHORIZING AND DIRECTING THE COP�iBINIfJG OF SPECIAL ASSESSMENTS ON LOT 1, �LOGK 3, � AND �., 112� OF LOT Z, BLOCK �, ��OORE LAKE HIGNLANDS, ���. ZS Resolution No. 53-1975 adopted. 1 1 �_l � ' � � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINiNG OF SPECIAL ASSESSMENTS ON LOT IOA, BLOCK �., AND Lo-r lOB, BLOCK 1, EDGEWATER GARDENS. ...,. Z9 Resolution No. 54-1975 adopted. CONSIDERATION OF REQUEST 6Y MAYOR NEE FQR DIRECTION ON PRESEP�TATION COI�ICERNIPJG FISC/�L DISPARITY LAW: Council consensus was to agree with proposed statement. . . REGULAR MEET I ivG, APR I L 7, 1975 i�tW �USIi'�ESS (COi��IIidUtii) �LAIMS � � � � � � . � � . � � . � � � e � � � � � � � � . � Approved. ESTIMATES � . . � � � � � . . . � � � � � . • � • � • Approved. ai��o R�� : 11:03 PAGE 12 30 � 31 — 31 A , rRIDLEY CITY COUNCIL MEETING � 'PLEASE SIGN NAME ADQRESS AND ITEM NUMBER INTERESTED IN DATE: `�=�r ��� Cl 7� -_- � ,` NAME ADDRESS ITEM NUMBER ___________________________________________________�;�__________===___��------------------------ ----------- ---------- ~ , ! � � � rll 1,!�,�n l 1 � ; 4.-, .� � ���� M r.� / ,r-� i �? . , - ..� _ _ /Y ���� / , .-,� L�v�� �_ L./)`= -�,L : � h��� � d��� , �, d<-� � //, %S<,�, . � ����,��-�s�,�s r � lGl �// � C� 1 CJ �C) �,s^�Y'��T C.,a���P 7� � S' ;-� �s-r �l. Siv ,�, �S'tv' v %�� i ��"� 3 ra--�" �'�� G.�a �%� .�' ll�� � �d �d �; o�''���� � i/ � � � / e ,� „ ., FRIt�LEY CITY COUiyCIL — REGULAR f�'iEETING - APRIL 7, 1975 — 7:3Q P, M, PLLi1�1� OF HLL�GIAIVCE: ROLL CALL: PRESEi�TFiT IO�d OF ECOLOGY FLAG : PRESENTED BY I�AN ROUSE FOR THE FRIDLEY SENIOR HIGH SCHOOL �ARTH WEEK COMf�iITTEE P�oc�aiYii� i 1 oi� : PROCLAIMING �`IAY 1O, �.9%5 "FIRE SERVICE RECOGNITION �AY`� APPi�UV�� GF i�iIIJUTES: I�EGULAR ��EETING, FEBRUaRY 24, 1975� SPECIAL I'�EETING, FEBRUARY 2�, 1975 REGULAR I"�EETI NG, MARCH �, 1975 PUBLIC i�EARING, ��ARCH 10, 1975 0 kEGULI-l� f�1�:ET I iaG, APRI L 7, 1975 a�OPT IOi'J OF AGEiVDA : OPci`J FORUi��, VISITORS: CCONSIDERATION OF ITEMS NQT ON AGENDA - 15 MINUTES) OL� �US I iVESS : PAGE 2 CONSIDERATIQN OF AN ORDINANCE AN'iENDING CITY CODE (�EGARDING COh1MITTEES AND COMMISSI4NS a AND CONSIDERATION OF aPPQINTMENTS TO i�OARDS AND COMMISSIONS (FROM �Y�cETI(VG OF I'�ARCH 3, 1975> AND I�tGEIVING COMMUNICATIONS FROM BARBARA HUGNES AND ICENNETN �RENNER � � � � • � � � � � � � � � � � � � � � � • • • 1 -. 1 S I�tGULN� ��1��TIfdG. �PRIL 7, 1975 _ . PAGE 3 OL� �USIf�ESS (CUf`IIIdUED) COfVSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING f�EQUEST LOa t�%4-05, BY RAO ��'�AfVUFACTURING COMPANY; TO REZONE FROM �-L� TO �yl—l; THE SAME bE I NG ZOt� ���I SS I SS I PP I STREET �� E� I:I►��� COiVSIDEI�ATION OF APPROVAL OF A REQUEST FOR VARIANCE AT ��lJ I`IISSISSIPPI STREET BY �(AO MANUFACTURING COMPANY I.P►��� CONSIDERATIOfV OF APPROVAL OF REQUEST TO CONSTRUCT A��EW l�UILDING AT ZUO I°�IISSISSIPPI STREET �� �� BY �AO MANUFACTURING COMPANY � � � � � � , , ' , ' , ' , ,. e . � � � .' .. � � � � � � Z — Z �`� _ _ ._ PLANNING COMf�tISSION RECOMMENDpTION: APPROVAL IF THEY N'iEET ALL NOISE TRANSMISSION REQUIREMENTS� _ __ __ _ _ __ �Q�I� OF %PPEALS R C� OMf�1ENDAT I0N : APPROVAL CONTI NGENT UPON TNE REZONI[�G, �UILDING STAy.DARDS ��COMMENDATION. APPROVAL SUBJECT T0 STIPULATIOiJS� GOUiVGIL `rICTION �'EQUIRED; CONSIDERATION OF RECOMMENDATIONS� � , i ' j R�GULHR i�1E�IIi1u, F�PRIL 7, 1975 OLiI �3USITVESS (COidTIi�UED) CONSIDERATION OF SECOND READING OF ORDINANCE FOR RE�ONING , REQUEST LUN t]=%�—OZ BY CENTRAL AUTO PARTS TO REZONE FROM �-2� TO IY�-1; �ENERALLY �.00ATED �UST I�ORTH OF 1201 732 � aVENUE iV, E, , � � � � - AND CONSIDERATION OF APPROVAL OF SPECIAL USE PERMIT SP #75-01� BY CEt�fTRAL NUTO PARTS; TO ALLOW CXPANSION OF BOUNDAIRES OF CENTRAL NUTO PARTS FOR .JUNK YARD PAGE 4 AND �ONSII�ERATION OF aPPROVAL OF FINAL PLAT P,S� #75-�1, CENTRAL VIEVdijIANOR �ND ADDITION; GENERALLY LOCATED BETWEEN (,EiVTRA�. �IVENUE AND h I GHWAY t�6� iV ��. � 1 ��IORTH OF %3 2 �1VENUE �'1��� � � � � � � � � e � � � � � e � � � � � � � � � � J� 3 G . _. _ _ _.._. PLANNI.�G COMMISSION RECOMMENDATIQN: APPROVAL WITH �� STIPULATIOiJS�� � � � 1 � i�i _ _ _ �OUNC I1, I�C�' I OPd REQI,�I RED : COIVS I DERAT I ON OF RECOMMENDAT I ONS �W �us���ss: CONSIDERATION OF AN ORDINANCE TO AMEN1� CHAPTER �06, SECTION S�b,OS, REf�iOVAL, OF THE CITY CODE OF THE CITY OF FRIDLEY iSfVOW �EMOVAL — VIOLATION AND TOWING)� . � . � � � � 4-4A i , � � i ! REGULr�R i�IE�T I i��G, �iPRI L 7, 1975 . PAGE 5 iV��J BUS I i�ESS (CUi�T I iuUE� ) _. I�ECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF I`�AKCN 1Z, i�%5 � � � � � . � � � � � � � � �. � � � � � � . . 5 — 5 � _ COUfvC I L HCTI ON FtEQU I RED : �VONE, RECE I VE MI NUTES � �'ECEIVIiVG THE �'�1Nt1TES OF THE PLANNING COMMISSION �EETING oF ir�ARCH 19, 1975 , , , , , , , , , , , , , , , , , , , , , , , 6 � _ _ C011NCIL ACTTON REQUIREI�: IVONE, RECEIVE MINUTES � � ' � � �� � � kECEIVING THE MINUTES OF THE BOARD QF APPEALS P�IEETIf�G OF APR I L Z, Z9%5 � � � � � � � � � � � � � � � � � � � � � . � % — % B 1� PACO, I NC � %Sc�iO ELM STREET N� E� �OBRD RECOMMENDATION: RECOMMEND APPROVAL CQUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION � . � . ' 1 f�EGU i..�R iiE.E I I i��G, aPR I L 7, J.975 PAGE 6 IVtW BUS I i�ESS (COi�TI NUED) RECEIVING THE �`�IINUTES OF THE BUILDING STANDARDS - DESIGN �OiVTROL �'IEETING OF �`1ARCH 2t�,. 1975, , , � . � � � � � � � � � S ' � B 1. RIVERSIDE �AR 6�IASH, �SZ� �AST RIVER ROAD: _ _.. �O/�RD �ECOt�iMENDATION: APPROVAL WITH STIPULATIONS� �OUNGIL aCTION REQUIRED: CONSIDERATION OF RECOMMENDATION �� �iNOKA COUNTY LIBRARY, �IO IIISSISSIPPI STREET N�E. iLANDSCAP I NG �'JORK) i�0 RD RECOMMENDATION: APPROVAL COUNCIL ACTION REQUIR�: CONSIDERATION OF RECOMMENDATION RECEIVING THE �v�1NUTES OF THE ENVIRONMENTAL QUALITY COMMISSION I�IEETING OF I'�ARCH Ig, 1975 AND CONSIDERATION OF A RESOLUTION TO ESTABLISH A MODEL ENVIRON- MENTALCODE. � � � � � � � � � � � � � � � � � � � . � � � � � 9 - g F __ �Q�C, RECOMMENDATION.: ADOPT RESOLUTION ESTABLISHI�dG MODEL E(VVIRONMENTAL CODE �Q�.[yCIL aGTI N REQUIRED: CONSIDERATION OF RECOMM�NDATION � � � REGULAR MEETIidG. APRIL 7, 1975 . . . PAGE 7 ; ,� i�EW BUSINESS tCOf'dTI�VUED> ; I RECEIVING THE I'�INl1TES OF THE PARKS AND RECREATION . � � �OMMISSION �"'IEETING OF MARCH.14, 1975� . � � � � � � �' � � � 1� — 10 A � ; � , i � r� I�ECEIVIf�lG TNE �rIINUTES OF THE CITIZEN BIKEWAY COMMITTEE � I�EETING OF I�IARCH l�, 1975� � � � � � � � � � � � � . � . � . 11 - I1 C � . � � KECEIVING THE %�INUTES OF THE CABLE TELEVISION COMMISSION IMEET I NG OF ��IARCH 21, 1975 , , , , , , , , , , , , , , , , , , 12 — 12 D � ' � IR�CEIVING THE MINUTES OF THE CHARTER COMMISSION riEETING OF MARCH 13, 1�75, , . , , , . � , . , � . . , . , . , , . , , 13 — 13 A � � M � � 1 � . �_.. REGULAR f�EETIiVG, APRIL 7, 1975 iVLY� BUSIiutSS (GOi� l IidUEI�) PAGE 8 �ECEIVING THE I''IINUTES OF THE IiUMAN RELATIONS COMMITTEE �'�EETING OF i`�ARCH 2�, 1975� , � � � � � � � � � � � � � � . . 14 — 14 C CONSIDERATION OF A REQUEST BY SPRINGBROOK IVATURE CENTER FOUN�7ATION FOR TWO COPIES OF TOPOGRAPNICAL MAPS:OF ��IORTH PARK AND I�AIVER OF THE FEE OF �332�50� � � � � � � � � . � . 15 CONSIDERATION OF GUIDELINES FOR PROCESSING INDUSTRI/�I� REVENUE�o�vDS , , , , , ,' , , , , , , , , , , , , , , , , , , 16 — 16 E �ISCUSSION REGARDING INSURANCE COVERAGE FOR OMISSIONS AND �RRORS INSURANCE � � � � � � . � � � � � � � � ' ' ' ' ' ' ' 0 17 — 17 K � i ' �1 , REGULAR P�EETI(�G� APRIL 7. 1975 ._ PAGE 9 IVEW �l1SIidESS (COfdTIi�YUEll) CONSIDERATION OF REAPPROVAL OF BAYER�S LAKESIDE ' ADD I T I ON pLAT � � � � � � ► � � � . � � • � • • � � • � � � � . ig - 18 G � � CONSIDtRATION OF LIQUOR LICENSE APPLIuATION FQR i�APLE LANES, �310 HIGHWAY 3�65 IV� E� �ON AGENDA AT REQUEST OF ��iR � SAVELKOUL) � � � � � � � � � � � � . . � . � . . � • � � 19 RECE�IVING REPORT ON COMPRFHENSIVE EMPLOYMEf�T TRAINING f�GT PROGRAM (�ETA) � � � � . � � � � � � � � � � . • . � � . ZO - ZO B CONSIDERATION OF A�ESOLUTION SUPPORTING TNE GOVERNOR�S PROPOSAL FOR A t�EDISTRI3UTI0N OF GROSS EARNINGS TAXES ON RAILROADS AND TELEPHONE COMPANIES� � � � � � � . . � . � � . ZI — 21 J �� � . �. R�GUL�R (�IEETIfdG, APRIL 7, 1975 _ iVEi�l �USIivtSS (COi�TIi�UE�) PAGE 1� iECEIVIi�G i�IDS AND AWARDING CONTRACT FOR STREET IMPROVE° MENT QROJECT ST, 1a7�-I. AND ST. 1975-Z MSAS �BID �PEN I UG I�iARCH Zl�. 1975) � � � � � � � � � � � � � � � � . � . 22 - 22 B CONSIDERATION OF A I�ESOLUTION REQUESTING COMMISSIONER OF HIGHWAYS OF THE STATE OF I�IINNESOTA TO AUTHORIZE ADVANCED tNCUMBRANCE FROM THE CONSTRUCTION ACCOU(VT OF �UNICIPAL STATE aID FuvDS (ST, 1975-2), � � � � � � � � � ' ' CONSIliERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS , IHEREOF; STREET IMPROVEMENT PROJECT ST, 1975-1, ADDENDUM 3�� � � � � � � � � � � � � � � � � � � � . � � � � ' � ' , � 1 CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF � THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1975-1, ADDENDUM ttl� � � � � � � � � 23 24 25 — 25 A REGULAR �1EETIi�G, APRIL 7, 1975 iVEW �USIidESS (CO(�,TIiVUED) . �� PAGE 11 � CONSIDERATION OF A RESOLUTION AUTNORIZING AND �IRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT Z3, PARCEL Z�SOO, AUDITOR�S SUBD �2Z� ������ Z6 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL f�SSESSMENTS ON LOT 4, ��ocK 1, SPR I NG LAKE PARK LAKES I DE � � � � � � � � � � � � � � � � � � Z% CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COP�iBINII�G OF SPECIAL ASSESSMENTS ON LOT 1, BLOCK 3, AND t, 112� OF LOT 2, �LOCK 5, MOORE LAKE HIGHLANDS, ���� 2S CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 10A, BLOCK �, ANi� Lo-r lOB, BLOCK 1, EDGEWATER GARDENS. �.��. Z9 REGULAR ��EETIi'vG, APRIL 7, 1975 . � PAGE 12 i�t'v�( �USIi'�ESS (COi��i�Ii�UEll? � �LA I MS � � , � , � � � � � , � � � � . . , � � . � . �� � . � '�� ESTIMATES � � . � � � � � � � � � � � ' ' ' ' ' ' ' ` 0 �' J� RnV � 31 - 31 A The second Saturday in May has been designated as Fire Service Recognition Day by the International Association of Fire Chiefs. Fire Service Recognition Day is designed to focus at.tention to the varied and technical services being offered by the fire departments of the United States and Canada. Fire departments are placing emphasis on this observance with open houses ot fire stations. Today`s f iremen are technically trained and highly skilled professional public servants. They perform many public services in addition to the suppression o� f ire, such as dwelling inspections, pre-fire planning, inspections of commercial industrial facilities, hospitals, schools and rest homes. THEREFORE, I, as riaS�or of Fridley, do hereby designate May 10, 1975 as FIR� SERVICE RECOGNITION DAY � � _ f., f"a �*. ,� � � c� � �� �, �, t �` 1 �;: �: � c<: �.; t t � ��� �� �� �� �' � � �q � �l in Fridley and urge all citizens to visit their fire station on this date to become acquainted with these men, their apparatus and equipment and the professianal type service they provide. Ih official recognition whereof, I hereby affix my signature this 7tli day of April, 1975. Willzam J. Nee Mayor of Fridley 1 i � , � THE MINUTES OF 7HE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 24, 1975 The Regular Meeting of the Fridley City Council of February 24, 1975 was called to order at 7:30 P.i�. by Mayor Nee. PLEDGE OF ALLEGIANCE: 291 � Mayor Nee welcomed those present at the meeting and invited all to join the Council in saying the Pledge of Allegiance to the F7ag. ROLL CALL: ' MEMBERS PRESENT: Councilwoman Kuk�H�ski, Councilman Breider, Counciln�an Fiizpatrick, and Mayor Nee. S � � , � {•IEMBERS ABSENT: Councilman Starwalt Mayor Nee said as a matter of information, Councilman Starwalt had gone to Russia on a trip co-sponsored by the National League of Cities and United States Conference of Mayors and would report back to the Council concerning this trip. APPROVAL OF MINUTES: a REGt1LAR COUNCIL MEETING OF JANUARY 20, 1975: i�tOTION by Councilwoman Kukowski to adopt the minutes of the Regular Meeting of the Fridley City Council of January 20, 1975 as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, t+!ayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF FEBRUARY 3, 1975: i�10TI0N by Councilwoman Kukowski to adopt the•minutes of the Regular Meeting of the Fridley City Council of February as submitted. Seconded by Counci]man Breider. Upon a voice vote, all voting aye, Mayor Nee declared the moiion carried unanimously. ADOPTION OF AGENDA: � . Mayor Nee said he would like to add items: number one, the report on the 1974 liquor operation; number two, if Councilman Breider had no objections, he suggested adding a communication received by Councilman Breider and himseif from t�1r. Larry Jamison concerning the parking and snow removal policy of the Ciiy; and three, the City � Attorney had indicated he would like to present an item for consideration concerning the possibiliiy of appointing a member of the Council and a member of the staff to serve on the Police Civil Service Commission. MOTION by Counci]man Breider to adopt the agenda as amended with aforementioned additions. Seconded by Councila�oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PROCLAMATION: CONSIDERATION OF PROCLAIMING MARCH 3 THR4UGN MARCH 9, 1975 AS "LE:AGUE OF WOMEN VOTERS WEEK" IN FRIDLEY: Mayor Nee pointed out that the City had received a letter from the Fridiey League of Woman Voters, of which he is a member, asking that the City adopt the Proclamation for "League of Women Voiers Week." Mayor Nee read the proposed Proclamation to the Council and audience. MOTION by Counci]man Breider to adopt the Proclamation designating March 3 through March 9, 1975 as "League of Women Voters Week" in Fridley. Seconded by CounciTwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared ihe motion carried unanimously. OPEN FORUM - VISITORS: MRS. GRACE LYNCN, FRIDLEY HUM/�N RELATIONS COMMITTEE, RE UEST FOR COUNCIL DIRECTION PR POSED APPLICATION FOR CET FU DS F R WOW PROGR M: Mrs. Lynch addressed the Council and explained that after several months of trying to . � ', __ _ _. ._ � � •_ . . _ . _ _. 292 ' • � REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 2 obtain information concerning the program, they had come in contact with a person who had advised them that it would be necessary for the City to monitor the funds of the CETA program. She further explained these funds would be used for establishing an employment counseling service. Time would be an important factor i.n this consideration since they would only have three days to complete the application. I�layor Nee asked what involvement the City would have in the monitoring of the program. Mrs. Lynch said the City would have to assist in the preparation af the application, the hiring of the Director of the program, and monitor the funds to determine if the use was what was intended in the grant. i4layor Nee asked Mrs. Lynch if she had been working with the City Manager. Mrs. ', Lynch said she had been working with the Administrative Assistant, i•ir. Peter Herlofsky. Mayor Nee asked Mr. Herlofsky for his comments concerning this roatter. Mr. Herlofsky : pointed out that he had been contacting the Minnesota Comprehensive Employment and ' Training Consor.tium since early December. He explained that the person who had been '. � in charge of the project was no longer with the office and there was some problems in getting the information from the correct aaency. He said they had finally talked to . :� someone who seemed knowledgeable in this area and had been informed that the information had to be submitted to them by next week. Mr. Herlofsky continued to explain that � originally the City's obligation had been limited to the furnishing of office space or a physical facility. iJow, it seems the City will be responsible for hiring the i Director of the program and also monitoring the funds. Mr. Herlofsky said if the + program is funded, the City would be able to provide the service and work closely � with Mrs. Lynch to establish the type of service she would like. The City Manager said originally when this was brought to the Council's attention, there was to be very little City involvement. He said it would be up to the Council to decide whether they want to get into this type of social service. He said this would take some resources of the community. The City Manager also pointed out that in this instance, the program will initially be funded by Federal Funds, but often this type of funds are reduced or withdrawn in the future. He indicated if the program is started in the City, the Council should consider this factor and decide if the City would be able to cantinue the service if the funding is withdrawn. He asked if the cost �o the City in the future could be justified. He indicated the City resources are very limited at the present time and would be more limited in the future. _ The City Manager said if the Council so desired, the Administration would make application for the funding and see what response is obtained from the application. He again stressed that the Council consider the long range implications if the Federal aid is discontinued. I�layor Nee said he was aware of the program through the information that had been submitted to the Council several months ago. Mayor Nee asked if the administrative costs could be paid out of the grant. i�ir. Herlofsky said the amount requested in the application would be $19,000, and this had been determined as the cost of setting up and the administration of the program. This did not include any City Staff time. The City Manager pointed out that the establishment of this program would provide a social service which would come under the umbrella of the City government. Mayor Nee asked how the payroll factor would be handled. i�1r. Herlofsky explained •` that the grar.t would be for the establishment of the service only, there was no allowance for additional administrative cost. He said this would provide a free counseling service for women wishing to enter the job market. Mr. Herlofsky read the explanation of the type of service from the information provided. He indicated there would be a great deal of work involved in the plan. Ne indicated that Mrs. Lynch has many ideas on how she would like the program to serve in counseling. Councilman Breider indicated he did not know too much about the problem or the program. �-tayor Nee said it was described several months ago. fie said it would help women get back into the work force. The City Manager said this is not a Federal program with Federal employees, it would be under the City Adm'inistration. Councilwoman Kukwoski said she believed the City should make applicatzon for the I i funding and see what happens. Councilwoman Kukowski said the program is not limited � to women participants, men can also be counseled. � � . . . . � ____ _ . _ ___ _ ___.__ __ , ___. . .__ ___.. _ _ _ _._ , __ . _ � _ __ � 293 REGULAR COUNCIL MEETIN6 OF FEBRUARY 24, 1975 PAGE 3 Councilman Fitzpatrick asked what the deadline on the application is. i>ir. Herlofsky said it would have to be submitted before March 12 because their staff would need time to review the information. March 4th would be an appropriate date. f�ayor Nee said he agreed with Councilwoman Kukowski. He asked what the obligation would be if the City would have to go ahead and make the application? Mr. Herlofsky said there would be no obligation until the money is offered. He said then the program would have to be initiated to provide training alternatives for women wishing to enter the work force. The City Manager said if it is just a matter of making the application, the staff would make this appiication and come back and inform the Council on the potential of the funding. MOTION by Cauncilwoman Kukwoski to direct the Administration to go ahead with the app)ication to CE7A on the women's counseling service and report back to the Council on the status of the application. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs, Packer addressed the Council and said the information concerning the presentation she was to make had been submitted to the Council in form of a memo from the City Manager and aiso within the minutes of the Human Relations Committee. She said this matter concerned the Veterans Preference issue. Mrs. Packer said the Council had also received a proposed resolution in support of the modification of the Veterans Preference L•egislation. Mrs. Packer said the Committee favored the Berglin, F�cGutcheon 8i]1, which would be a modification of the Veterans Preference Law. She said the Council had also received a copy of the Bi71 and Law. Mrs. Packer said she was present at the meeting to answer any questions the Council may have concerning the proposal. Mrs. Packer said she would very strongly urge the Council to support the resolution submitted to the Council in their packet of materia7s. She said the matter had not come to the SPnate floor at the present time. Mrs. Packer continued to explain that �he City wouid soon be in the process of formulating the Affirmative Action plan and this would not be possib]e arith the current absolute Veterans Preference. She said this could not only be used for the Police within the Civil Service program but also where Civil Service does not exist, there is absolute Veterans Preference and the City could run into problems with this absolute �reference. Councilman Fitzpatrick questioned if the Council would agree with the Redotution sUbmitted, would this bring some problems with the support of the fina] bi]] when �t is modified? Mrs. Packer said the intent of the Resolution is to support the Bergline, McCutcheon Bi11. She added, the resolution supports this intent to convey this info�mation. Councilman Fitzpatrick aga9n questioned if the City shouid enter the consideration at this time when no formal changes for a final form had been presented. He said they wouid not know the final form of what they were' supporting, i�1rs. Packer stressed that the Resolution indicates that the City would want the strongest form of Veierans Preference modificatioris. Councilman Breider said currently, the Veteran can use the Veterans Preference every time he takes an exam. Mrs. Packer said this would not effect the status of the Disabled Veteran, they would be able to continually use the Veterans Preference. She added the 8i11 wou7d favor the use of the Veterans Preference within a ten year time period from discharge and also limit the use to once. Counci}woman Kukowski asked the City Attorney to explain his feelings on the proposal. The City Attorney said he did not be]ieve this is a legai matter, but more a policy decision on the part of the Council. He said this aspect is now being governed by the State Laws. He said he could see both sides of the argument, and he should not say whether or not the City should support the Resoiution, Councilman Fitzpatrick questioned if one person would apply for a job in Fridley and he would be a veteran, would he have absolute preference? Mrs. Packer said there ____ _ _ ____ __ ' : 294 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 4 are provisions for this in the Civil Service regulations, and other parts ofi the employment market, she believed the prefierence would be absolute. Mr. Herlofsky aid he had checked this fact in the material provided and this would be under State Statute 197.45, and he believed this to be true. hiayor Nee asked if the League of Minnesota Municipalities supports this action? Mr. Nerlofsky said yes, this is a part of their 1975 legislative plan. He indicated the information being presented was taken from their proposal, idrs. Packer said she had a copy of their corrmnunication of this support. She asked if the Council had received a copy of this communication. Mr. tlerlofsky said this is a part of the information presented to the Council. A member of the audience expressed the feeling that the Veterans serve their Country and should have preference. � F1rs. Packer responded that the intent is not to eliminate the Veterans Preference, she agreed that the Veteran should be given some preference when they get back from serving their Country. She said the question is should they be given this preference for the•rest of their lives. She believed this is discriminatory against those who cannot go into the service. MOTION by Councilwoman Kukowski to adopt Resolution 30-1975, requesting passage of House File 84 and Sanate File 112 which amends Minnesota Statutes governing Veterans Preference. Seconded by Councilman Breider. Councilman Breider said he had not evaluated the Veterans Preference as Mrs. Packer . had pointed out before this time, but he had sorre experience in the area of the Police Department. Ne indicated that some people come into the Police Departroent and make application and support strong qualifications, and it is possible for the less qualified Veteran to bump him. He said he believed those coming back from ' the service should have one opportunity to use the Preference and after this, compete with the work force. �ouncilman Breider said the use of the Veterans Preference within the Police Department often forces the Department to hire the lesser qualified applicant. Mayor Nee said he is a Veteran and is also sensitive to the questions of the Nation's obligation to the Veteran. He said as a practical matter, the current Veterans Preference Laws burden the government. He said the public is not always getting the best employees for their tax dollars. He said he thought the law should be modified in some way from the government point of view. He said from the taxpayers point of view and cost of government today, the City cannot afford to hire anything less than the best available personnel, UPON A VOICE VOTE, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Packer asked if it would be possible for. the City to have the Resolution sent to the Legislature the following day. i1ayor Nee asked if Mrs. Packer wou]d hand carry the Resolution and she agreed to this. P•layor Nee signed the Resolution and transmitted the copy to Mrs. Packer. Mr. Nenry Peterson, Fridley American Legion, addressed the Cauncil and asked if they had voted on the action. He said he had been watching the meeting at home on Cable television and hoped to be at the meeting before any action on the matter �. was taken. ilayor Nee indicated the Council had taken action. �tr. Peterson expressed � the view that the Council should stay out of State government. He questioned how the Disabled Veteran would obtain a job ten years from this date. Mayor Nee said this would not affect the Preference of the Disabled Ueteran. Mr. Peterson said he realized the woman`s point of view in this matter. He questioned how the Council could make this type of decision without the Veterans being present. Mr. Peterson asked the Council to reconsider the action on the Veterans Preference modifications. Mayar Nee asked the Council if any member wished to take action to reconsider and there was no response. OLD SUSINESS: i CONSIDERATION OF A PROPOSAL 70 CONSTRUCT A NATIONAL GUARD ARMORY IN 7HE CITY OF FRIDLEY (FROM MEETING OF fEBRUARY 10, 1975): � � � �, � _ _ _ ______ _ _____ __ _ . • i � � � REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PRGE 5 295 Councilman Fitzpatrick said he thought this proposal would also be of benefit to the surrounding communities. He indicated some effort had been made to get the response of the surrounding communities on this type of proposal and as he recal7ed, this response was negative. He said he had reservations about Fridiey assuming the entire cost of the project. Councilman Breider said he agreed with the aspect that Fridley should not assume the entire cost of the tning. He said he did not think Fridiey would support this total � cost. He said he did think that the National Guard had a very good point and he did not want the people who are members of the Guard to have to travel across town to attend the meetings. � � � � Councilman Breider said he believed the MAC site would be ideal for the Armory. He said this would be centrally located in the northerly suburbs. He said he would like to propose that the Department of Military Affairs, State of Minnesota through the Adjutant General explore the possibility of establishing a National Guard Armory inthe northeast suburbs under a joint powers agreement. i�1ayor Nee asked if Councilman Breider could prepare a Resolution to this effect and have it ready for the Council at the next meeting. Councilman Breider said yes. f�10TI0N by Councilman Breider to table the consideration of the construction of a ° National Guard Armory in the City of Fridley until the next meeting of the Council, March 3, 1975. Seconded by Counci7woman Kukowski. Upon a voice vote, a11 voting aye, i�layor Nee declared the motion carried unanimously. DISCUSSION CONCERNING PROPOSED LEASE AGREEMENT WITH SPRINGBROOK NATURE CENTER FOU DATION FROP1 MEETING OF FEBRUARY 10, 1975 : HND RECEIVING REPORT FROM NATURALIST/RESOURCE COORDINATOR REGARDING THE NATURE INTERPRETIVE OGRAM FOR 7975: hiayor Nee said he believed a11 the items that had been discussed in conjunction with this lease seemed to be included in the agreement. The City Attorney said he believed the points discussed had been included. He � mentioned he had talked with representatives of the Foundation in the formation of the agreement draft and other items had been added through this discussion. Mr. Herrick further informed the Council that some portions had been discussed at the staff ineeting with the C�ty Manager and Department Neads and some suggestions for � change had been made. Ne asked the Council to consider the changes that had been discussed. The City Attorney referred the Council's attention to section five of the agreement and said he thought the first sentence should continue after the word agreement to include the following statement, "and shall be subject to the City Council's approval." He also referred to section seven and suggested it be � amended to add the word "normal" as follows: "The City will provide 'rrormal' police and fir.e protection at no cost to the Foundation." The City Attorney also referred to section four and indicated the feeling that this � should be clarified by the Council in some manner as to not create a conflict with the personnel, equipment and assignments of the City staff. He said he had tried to indicate in the agreement that the services would be provided on a regular schedule to enable the staff and foundation to work out such a schedule which would � enabte the foundation to determine what the cost of this service would be. He noted there may be some conflict with the work being done under the direction of the Nature Center rather than the Administration. �i � �_ - — -_ _ Mayor Nee questioned if the suggestion in section four would have to be worked out. Fle said he thought this could be defined within the negotiations with the Foundation . rather than inserting this language in the agreement. The City Attorney said he thought this would also be true and that this would be limited through the amount of money the Foundation had to spend on this type of services. The City Attorney said� he thought if this language was not sufficient to cover the services or the ' services not adequate for their needs, the Foundation could come to the Council and �/ indicate that there is a problem. Ne said at this time the City could put on the additional people and equipment to handle the needs of the Foundation. Mayor Nee said the services would remain at the descretion of the City Manager. He questioned if this lease was the same in form as what had been granted to the Islands of Peace Foundation. The City Attorney said this lease was probably more complicated with more - _ _ ____-- � _J � 296 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 6 services being provided by the Foundation than in the case of the Is]ands of Peace agreement. He said the Springbrook Nature Center Foundation would be doing more things than the Is1ands of Peace. Councilman Breider said he felt Dr. Trezona had made a very good presentation to the �� Council at the previous meeting. He indicated if the Foundation would keep the t books for their activities> he would feel there would be no problem in the agreement. ; Councilman Breider said the more he thought about the proposal by the Foundation the more he liked it. He took exception witih the portion of the agreement where the � city was to take care of the payroll of the Foundation employees. He asked if there ` would be any problems with the private and public money being handled together. The City Attorney said he did not feel this would be a problem and noted in some cases, the compensation for individuals is split by government money and private - funds. He said he did not think there would be any legal problems, but there may be other problems. � ; Councilman Breider asked what method would be used in accounting for how much money is funded for. He questioned if it would be possible to create a deficit. Iiayor Nee said it might be to everyone's advantage if the Foundation handled their own payroll. P1ayor Nee said the Board of the Foundation has not looked at the lease presented by the City Attorney, and he could not say what their feeling on the lease agreement would be at the present time. Mayor Nee questioned Mn. Mark Noble on this aspect of the approval. �tr. Noble said the Board had not seen the agreement and he didnot know how they would feel about it. He said he would take the comments of the\Council to the Foundation and have something worked out between the Attorney for the Foundation and the City Attorney. Councilman Breider again stressed that the financial aspects were bothering him. E!e noted in the past, it has occured that different department such as police and `ire ahd gone over their budgets when there is a catastrophe. He mentioned in this `::�e, the City could not go over, there would be no additional funds available. ,or Nee asked if the City had an Islands of Peace fund. The Finance Director, `, .�larvin Brunsell, said yes. Ne said this is not a very active fund and on1y ���ur checks had been issued on this fund 1ast year. Fie said in the case of the Islands of Peace fund, there are no checks issued daily for equipment and supplies. Mr. Wyman Smith addressed the Council and said the Minneapolis Institute of Arts funds are handled through the City of Minneapolis with the determination of the expenses in the budget being made by the Board of the Institute. Mayor Nee said he thought it would be more clearly handled by the Foundation. He suggested the Foundation keep its own payroll. Mr. Mark Nobel said he would like to have a revised copy of the lease as the City Attorney had suggested. Councilman Breider asked if there would be a need for a quote in the modification of section five. Mayor Nee said he felt this could be handled outside the agreement. Councilman Breider asked if there should be some clause added in the section relating .� to the term of the lease being five years. He added, if there is no progress in some reasonable amount of time, the City should have the ability to take other action. -; Mayor Nee said if nothing is done with the land, he did not see where there would be a problem with it. He suggested this action may put the issue back into the . political arena and there would be a campaign on this issue every year. He asked iCouncilman Breider what may be a cause for such action that the City may take over the property again. Councilman Breider asked what if the Foundation brought in a plan ' i for the development and nothing is done to implement the plan after this. He I � thought in this cas� the City should decide on how to go ahead. j Councilman Breider also mentioned the factor that this was to be a regional park. : I He asked if the students from the area school districts would receive the opportunity to tour Narth Park on a regular basis. Mayor Nee said he believed Woodlake has the ; same problem and they are able to give the priority to the area schools. He called on Mr. Noble to answer this question. idr. Noble said the Richfield schools are able ' to have the opportunity to establish use of the park before the outside groups. �� � i : _ . ! CJ � ?,�7 REr,UL,4R COUNCiL i4EETiNG OF FEBRUARY 24, 1975 PAGE 7 He said they make the reservations for the coming year before the facility is open to outside reservations. �_ Councilman Breider asked if there would be any probiems in putting such a prefenence clause in the lease. Mayor Nee said he feit this would be no proGlem since six members of the 8oard are Fridley residents. Mr. �!'ab]e said he could not say that fihe Board would agree to this. � __ The City Manager explained that many of the aspects being discussed could be left out of the agreement and taken care of by a joint cooperative effort. He continued to state that the City would give the moral support or other iype of support to the project as necessary. He stressed, everything does not have to appear in the agreement. He hoped they couid continue the good Urorking relationship. He added, if something is left out, it can be acrreed upon between the City and the Foundation later on. He suggested that the basic agreement be taken care of so that the ��lans can be executed. � The City Manager ask�d the Council if it was their intention tl�at he write a letter to the Foundations incorporating the comments of the Council at the present n�eeting. He said he thought this wouid be better tfia7 going back and forth with comments on the agreemeni and causing additional delay in the signing of the agreement. He hoped that this agreement cou7d be taken care of the following Monday evening. Councilman Fitzpatrick asked if the cemments would have to be submitted the following day. The City Manager said the car�ments and suggestions for aduitions to the agree- r�ent could be put in the agreement for the following Monday night. Ne said the details could be worked out before the next week. P10TION by Councilman Breider to table tne consideration of the Lease Agreement with the Springbrook t�ature Center Foundation for North Park until the following week, March 3, 1975, and that the Adr�inistration submit the comments concerning the agreement discussed at the present meeting to the 6oard of the Foundation so that the item can be brought back for Council consider•ation with the revamped agreement the next week. Seconded by Councilwoman Kukowski. Upon a voice voie, a11 voting aye, Mayor Pdee declared the motion carried unanimously. Mayor Nee indicated there wouid be some action necessary in response of the memo submitted to the Council from the Naturalist/Resource Coordina*or, Mr. Dan Huff. Mayor lJee said he thought the points brought out in the memo and the plan to be very constructive. Ne �id Mr. Huff would like direction on the part of the Council on the change of emphasis in the Interpretive program. The City Manager said Mr. Huff would like some direction from the Council after the review of the North Park proposa7. He indicated rather than duplicating activities within the North Park plan and the City interpretive plan such as tours, they wouid 7ike the Council to consider � tion on changing the fundinq to the construction on physical facilities in the City. The City Manager informed the Council that Mr. Huff was present at the meeting and would like somz policy decision. Mayor Nee said he�ould like Mr. Nuff to present his ideas to the Council. Ma±�or Nee asked if the employees within the new program may be utilized within the program suggested by Mr. Huff. The City Manager said the new program would be very limited'fundwise, but if the Council desired, they could be utilized within the jurisdiction of the Naturalist program. Councilman Fitzpatrick asked what had been budgeted for the Interpretive program. The City Manager said approximately $37,OOQ. He said this had originally been pTanned for use in touring, etc., but now they would like to direct this to the physical facility. Mayor Nee said he believed it a good idea to work with the schools with the facilities that are being worked on. The City Manager said the areas will be improved so that it will be possible for self guided tours. The City Manager continued to explain that many of the falitities are closer to the schools than North Park wou7d be. Mayor Nee said there had been a change of direction and there would be a change of emphasis. Mayor Nee expressed approval of the project. Councilwoman Kukowski said she liked the proposal. v ��. 2�38 REGULAR COUNCIL MEETING OF MARCH il, 1975 PAGE 8 I� Councilman Breider asked if the trails would integrate with the Bikeway/Wa]kway system. The City Manager said yes. The City Manager said they were only talking about four parks. He continued to explain in the first proposal for the natural history areas in the City, there had been six areas proposed. He said the physical facilities would be built on these four parks. Mayor Nee asked if some funds would be needed for material and lumber, etc.? The City Manager explained that the funds would be coming from the same budget as had been approved, but the program would be changed and he believed this would be a better use of the funds rather than the duplication of the program which will be used in North Park. Councilwoman Kukowski asked if there was anyway that the Council could take a look at the amount of money that would be available for this proposal. The City Manager said he believed this to be about $30,000, but added the Platuralist's salary is also draarn from this total. The Finance Director explained the breakdown in the Naturalist/Resource Coordinator's budget for the remiander of the year. Mayor Nee asked if the amount of the unencumbered funds would be approximately �20,000 and the City Manager said yes. The City Manager said the City would like to use the Naturalist in the area where he is best qualified. Councilman Fitzpatrick explained'in his experience on the Park Board, there is a need for someone to plan the development within the park properties. He thought Mr. Huff could be used in this area. He explained the park development as far as the recreational facilities are concerned are quite well established, but there would be some benefit in coordinating the planning in the future. Mayor Nee said he thought this would be more for design. Mayor Pdee said the Naturalist was hired through the total program which was stimulated by the Brauer Report. He mentioned there were also other alternative� +^?ntiQned in the report. He said the original intent of the staff was to make the areas established as natural history areas available to the people of the City, now they would be made more available to the schools. Gouncilman Fitzpatrick recalled th�t Mr. Huff had already defined the areas that he was to work on. He added, he was to work on all the areas and not North Park. He said he did not see why the current proposal was a big change from the original proposal. Mayor Nee said the difference would be that the money that was put into various programs for guided tours would now go into the construction of physical facilities. The Naturist/Resource Coordinator, Mr. Dan Nuff, addressed the Council and said the last year's objective were somewhat tenative because of the North Park situation. He explained that six natural history areas had been proposed for organ�zation. He said North Park would have been incorporated in the plan as area number seven if the referendum favored the improvement of North Park as a Nature Center. He continued to explain if the North Park area was to be a golf course, the six areas would have remained. He also pointed out that the two areas which had been deleted from the plan because one was very close to North Park and the other resembled the North Park prairie. He said under the new resolution of the Council, there is no _� need for two large scale nature centers in the City of Fridley. He said the two areas had been cut in the master plan. He said the money within the budget couls be spend on nice signs to illustrate the facilities of the area and provide for an excellent satelite program. He suggested that the money spent would be done so during the year so that there would not be any need for a continuing program for development of these areas. He added, after this year, it would be possible for the City to eliminate the Naturalist budget. MOTION by Councilman Fitzpatrick to confine the activity of development as autlined by the Naturalist/Resoucrce Coordinator to the four areas defined in the report of the Naturalist and that the Naturalist work within the Park Department in the planning drea and that the program be explored for some agreement with other areas and the schools to determine if there would be support for a joint program. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ _ _ _ _._ , _ _ _ _ _ ,. 299 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 9 CONSIQERATION OF ISSUAfvCE OF LIQUOR LTECMSE TO RICHARD DUANE POULITZKE, 7365 CENTRAL AVENUE N. E., FRIDLEY fRONTIER CLU6, INC. TABLED 1/2/75 AND 2/3/75 : The City Attorney said he had provided the Council with a short memo summarizing the laws of the State and Federal Courts on Civil Rights. The City Attorney said he had also provided a copy of a recent decision by Judge Devitt from the Federal District Court, State of P1innesota. The City Attorney advised the Council that ihey had three alternatives for action at the present time: 11 grant the request io reserve the liquor license and in this case, the Council should act by resolution as it had before with the other appiicants, 2) deny the request and this denial should also be in form of a resolution indicating the reasons for denial and indicating this does not oroclude P1r. Povlitzke from 9oing ahead and applying for a liquor license or reservation at•any time in the future, and 3) to set another public hearing before the Council is ready to take action on the request. The City Attorney said since the information was given the Councilmembers just before the meeting, he would suggest that the Council reviea� the information, listen to comments of the applicant andmake the decision on the issuance of the license the following week. The City Attorney said 'ne had some discussion with the Counsel of the applicant and he had indicated he woulc! like to address the Council. Mr. Herrick said Mr. Smith was agreeable to the delay in the decision for one 4�eek. Mr. Wyman Smith, Attorney for Mr. Povlitzke, addressed the Council and slid Mr. Herrick was correct. Mr. Smith said he had written a letter to the City on february 5th, and asked to be notified if there was any action to be taken on this application by the Council. Ne indicated that tne application was filed with the City on ��ovember 18, 1974 and this was a period of three montns and two weeks ago. Mr. Smith indicated he had not been notified concerning the appearance of the item on the agenda. Mr. Smith continued to inform the Council that Mr. Povlitzke had been ir business in the City of Fridley for fourteen years and he ar,d his family had lie�ed in the City of Fridley for 14 years and this was a longer period of time than most peopl2 had lived in the City. Mr. Smith said the Frontier's 3.2 license had been renewed every year for 14 years. He questioned if there was any reason for the City to deny the current application, why had this not shown up in the previous licensing. Ne indicated as was in his letter of February 5tn, there is no reason for the Council 1:o deny the license. Mr. Smith read aloud the conditions under which the 1icEnse couid be denied and stressed that there was none that applizd to the applicant. He statAd the mar was in business in the City for a long time. Mr. Smith continu2d to point out that Mr. Povlitzke had 40 to 50 people at the meeting to speak in his behal�. Mr. Smith said he had requested in his letter of February that the City Manager provide copies of the affidavits referred to by the Public �afety Director in his memo to the � Council on January 9, 1975 and to date he does not bel9eve these affidavits affirm the recommendation that is in the memo. Mr. Smith pointed out to the Council that in addition to the opinion submitted to the � Council concerning the Judge Devi�t decision, which states that the Council can be held personnally liable (Mr. Smith noted that Judge Devitt is the most conservative Judge in the District) there are three other decisions thai deal with this criteria. He said he had sent these opinions to the City Attorney, but he had not submitted them to the Council. Mr. Smith said if there has been no positive testimony to 1 break down the moral character of the applicant, he is entitled to a license according to the due process and equal protection of rights. r � � II� Mr. Smith said the applicant had put $250,000 into the business and has been there for 14 years. Mr. Smith said Mr. Pavlitzke had been charged with violations of the City Ordinances twice, and both times found not guilty. Mr. Smith said he did not feel that thare was any valid reason for further delay and ' . asked that the Council give the applicant the green light to go ahead and start the ' work on the kitchen. Mr. Richard Povlitzke, Frontier Club, addressed the Council and asked if the reason the Council w�s delaying the matter is because he had not planted trees in front of his p]ace of business. He mentioned that the bank and other places of business ' in the City had not planted trees. He mentioned the other licenses that had been ' reserved by tl+e other applicants recently and questioned why there had been no delay in the other cases. Mr. Povlitzke recalled when Mr. Nee was on the Council previously, he indicated that he would like the police called in any instdnce of trouble at any of � . . i 0 � l ',�.-� � 30U REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 10 the drinking in the City. He added, in the past he had taken care of the trouble himself, now he calls the police and the City tells him he has too many police calls. He said he did not believe that he had any more than any other establishment in the City. Mayor Nee asked if the members of the Council had any more questions and tfier•e was no response. MOT10N by Councilman Breider to table the consideration of issuing the Liquor License to Mr. Richard Povlitzke until the next meeting of the Council. Mayor Nee declared the motion DIED FOR LACK OF A SECOND. Councilwoman Kukowski said she had visited the establishment and reviewed the Police report and had not found anything in the reports which she felt would be detrimental to the moral character of the applicant. She said no one had presented any facts to her to enforce why a license should not be granted if the applicant meets all the license requirements and State Statutes, etc. MOTION by Councilwoman Kukowski to direct the Administration to prepare a resolution indicating the intent of the City to reserve a liquor licen�e for Mr. Richard Duane Povlitzke, Frontier Club, which will be available upon mee�.ng all the requirements of the City's Liquor Ordinance, meeting all building codes, health and sanitation requirements> stipulations of the Building Standards-Design Control Subcommittee and that this be reserved for the period of six months withthe option of an extension by the Counci:l after this time if the need is justified. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick indicated he felt, not only in this case, but other cases also, that if the 3.2 license had been issued over the past 14 years with no indication of any problems, there would be no reason for the denial of the liquor license. He said if such an instance exists, the 3.2 license should have been reconsidered during this period of time and the reasons for this noted as a matter of City records. Ne said if there were some type of violations, why had this not been acted on by the Council in the past. He felt this should have been taken care of by the Council previously if there was any question. Councilman Breider said he could not remember when the Council had acted on the issuance of a liquor license with only four members of the Council present. Council- man Breider asked if the motion would intend to require the applicant to bring the business to code. Councilwoman Kukowski said she intended the motion to be the same as in the other reservations for a license by the other applicants. Mayor Nee asked if this motion indicated the adoption of the Resolution, or did it direct the Administration to prepare such a resolution to be presented to the Council for consideration the following week? Councilman Breider said he felt they should vote on the issuance when the Ward Councilman Councilman Starwalt was in attendance. Councilwoman Kukowski indicated the motion to intend the Administration to prepare the resolution and present it to the Council the following week. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 580 - RELATING TO TNE SALE OF REAL ESTATF OWTdED BY 7HE CITY (GEORGE NICKLOW : P1ayor Nee said the City had entered into a contract with Mr. Nicklow the past year. '' The City Attorney explained that the City had entered into such a contract for deed and if after the period of five years, the City would like to purchase the property it would be possible for the property to be deeded back to the City. The City Attorney said as long as the matter was fresh in the minds of the Council, he thought this action was appropriate at this time and would complete the • transaction so the property could be deeded to the individual. MOTION by Councilman Breider to waive the reading of the Ordinance and adopt Ordinance No. 580 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a roll call vote, Councilman fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Breider voting aye, t�1ayor Nee declared the motion cerried unanimously. • NEW BUSINESS: RECEIVING THE MINUTES OF TNE PLANNING COMMISSION MEETiNG OF fEBRUARY 19, 1975: REQUEST FOR A SPECIAL USE PERMIT, SP. #74-17, BY GEORGE WALQUIST:� TO PERMIT THE , ; . _ _ _ _ _. _ _ _ _ _ _ . _ _ _ _ _ -- � � t � � � � 301 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 . PAGE 11 CONSTRUCTION OF A BUILDING FOR RUST PROOFI�lG OF AUTOMOBILES, ETC., PER FRIDLEY CITY CODE, SECTION 205.131 ,(A,10 IN Afl P1-1 ZOP�E LiG�iT I(�DUSTRIl1L .4REAS TO BE LOCA7ED ON LOT 5> OF PROPOSEC PLAT, P. S. ;�74-08> HER!�!AL RICE CREEK ESTATES, TNE SA,?iE BETf�G 1271 2ICE CREEN. ROAU ;V. E.: Mayor Nee informed the Council that this item did not need Council action at the present time. CONSIDERATION OF A REZONING REQUEST, ZOA :`7n-05, BY RAO MANUFACTL'RIP;G COMPANY: — i�, �vi� ci — �c, �adsu rHni N BLOCK 9, AND THE FAST HALF � K9 The City Manager said this item was stiii under consideration by the Planning C,ommission. REQUEST FOR A LOT SPLIT, L. S. ;u74-01, DEfi�i F1,4RP10M: SPLIT OFF ThE EASTERLY 3 FEET IT TO THE EAST 85 FEET OF THE PJORT The Public Works Director, Mr. Richard Sobiech, explained to the Council that according � to a verification survey, tne garage construction was three feet into the abutting property. He minted out now the property owner owns the adjoining property or both parcels and is requesting a lot split of eight feet to place the construction withfn the bounds of the parcel. The Public l^Jorks Director explained that f�r. Harrion, the I applicant was present to answer any questions. • Councilwoman Kukowski asked if this sort of thing could happen again in the future. 7he Public Works Director said this had been cons.tructed prior to the time that a verifying survey was required and now the applicant ou�ns both parcels. Ttie � Public t�lorks Direcior said the verifying surveys are noHt required on a17 new construction. � � � � � � , MOTION by CouncilmanBreider to approve the Lot Split #75-01, 16D0 and lfl8 Ononda9a Street as requested by Mr. Uean Harmon. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P'ayor Nee declared the motion carried ur�animously. MOTION by Councilman Brieder to receive the minutes of the Planning Commission meeting of February 19, 1975. Seconded by Councilman Fitzpa�rick. Upon a voice vote, aTl voting aye, Mayor Nee declared tne motion carried unanimously. RECEIVING THE MINUTES OF TFIE ENVIRONMENTAL QUALITY COMMISSION MEETING OF JANL'A?Y 21, 1975: ^ MOTION by Councilman Fitzpatrick to receive the minutes of the Envirenmental Quality Commission Meeting of January 25, 1975. Seconded by Couneilman Breider. Upon a voice vote, all voting aye, P1ayor Nee dec]ared the motion carried unanimously. RECEIVING THE MIfJUTES OF THE CITIZEy {3IKE4JAY COi�MITTEE MEETING OF JA�JUARY 29, 1975: MOTION by Councilman Breider to receive the minutes of the Citizen Bikeway Committee of January 29> 1975. Seconded by Councilwoman Kukowski. Upon a voice vote> a1i voting aye, P�layor Nee declared the motion carried unanimously. RECEIVING TIiE PIINUTES OF THE CITIZEPI BIKEWAY COMMITTEE MEETI4JG OF FEBRUARY 5, 1975: MOTION by Councilman Fitzpatrick to receive the minutes of the Citizen Bikeway Committee P1eeting of february 5, 1975. Seconded by Council�voman Kukowski. Uoon a voi.ce vote, ail voting aye, t�layor Nee declared the motion carr�ed unanimously. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY CONMITTEE MEETING OF FEBRUARY 12, 1975: M07ION by Councilwoman Kukowski to receive the minutes of the Citizen Bikeway Committee meeting of February 12, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, r�ayor hee declared the motion carried unanimously. CONSIDERATION OF AWAR�IPlG BID FOR TRL'CK MOUNTED SEWER RODDI�;G t��rHinE (RTpS OPFNFtI rtBRUARY 3 1975. 11:00 A.M.1: The Public Works Director said the bids had been opened on February 3, i975 and only � B � 302 REGULAR COUNCIL MEETING OF FEBRUARY 24, 1975 PAGE 12 one bid had been received. He continued to explain that the specifications for the,equipment had been sent to eight companies. He said the City needed a very tough piece of equipment to remove roots in many parts of the City and this called for a very specialized type of equipment. The Public Works Director said there are also many instances when the equipment would be needed on the back property lines and this type of equipment would be used to work within this type of easement. The Public Works Director recommended the Council award the contract in the amount of $10,147. P10TIO�J by Councilwoman Kukowski to receive the bids from the Flexible Pine_Tool Co of Minneapolis and award the Contract to the Flexible Pipe Tool Company in the amount of �10,147. Seconded by Councilman Fitzpatrick. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Kukowski asked if in the future the Council could be provided with an illustration of the equipment proposed for purchase so they would know what they are purchasing. The Public Works Director said this would be possible. RECEIVING P1EP�ORANDUM fROM ASSISTAPlT CITY f•1AP�AGER/FINANCE DIRECTOR R DIVG PROPOSED The Finance Director said he had talked to Mr. Sheridan, Chairman of the Charter Commission and he had indicated that the Charter Commission would not be submitting any additional items for consideration on the special election ballot. The Finance Director said the Commission would be submittin� their comments on the matter to the Council. CONSIDERATION OF SETTING UP TIME FOR SPECIAL^COUNCIL MEETING ON TUESDAY, FEBRUARY 25 The Finance Director said this meetinq would be for the purpose of awarding the bid for the refunding bonds. The City Manager pointed out that the City's rating had been raised from A to A-1. Councilwoman Kukowski asked if the rating could be any higher than it is at the present. Mayor Nee said it could go to AAA. P1ayor Nee noted that i�ew York had been eliminated from the rating system because their rating had becoine so low. MOTION by Councilman Fitzpatrick to set the Special Pleetina for the sale of the General Obligation Refunding Bonds for Tuesday, Februar,y 25, 1975 at 5:30 P.M. Seconded by Councilwoman Kukowski. Uoon a voice vote, all voting aye, Nlayor Plee declared the motion carried unanimously. RESOLUTION N0. 31-1975 - ORDERI�!G I�4PR0'lEMEP1T, APPROVAL QF PLANS ADJD ORDERIPJG ._. _ _____.._..� ....,.,�..T �T �n�r i n`�n. cT '107F_? � MS� A5 ) : Mayor Nee asked ifi the portions of the improvement requested had been deleted. The Public Works Director said HIckery and Capital had been removed from the project. He explained that within the total project, two trees would have to be removed and in these instances, the trees would be repl'aced. MOTION by Councilwoman Kukowski to adoot Resolution No. 31-1975, ordering improvement . approval of plans and orderina advertisement for bids, Street Improvement Project St. 1975-1 and ST. 1975-2 (MSAS). Seconded by Councilman areider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director explained that this revision related to areas #1 and �2 and this action was required by the approval of the Comprehensive Sewer Plan. lie pointed out on Page 14-A of the aaenda where this requirement is listed within the Resolution No. 73-225 of the P�etropolitan Sewer Board. i The Public Works Director pointed out that this would increase the total cost of the system at the completion of the ultimate system of about �500.per month. Ne said �\ now the total increase being the system is not complete would,be about $100 per � �I month. � � E , � i � � 303 REG�i.AR CQUNCIL MEETING OF FEBRUARY 24, 1°75 PAGF 13 !I � MOTION by Councilman Breider to adopt Resolution No. 32-]975, Petit�oning the Metropolitan Council to revise the Metropolitan 4laste Control Commission's Service Area ;YI and ;2 Boundaries within the City of Fridley. Seconded by Counci?�•rom�an Kukowski. Mr. Nick Garaffa, 5750 Monroe Street, asked what this would cosA �hr citizen in the City in tax dollars. The Public tJorks Director said this wou;d be an �ncre�.se of about 1.6% at the uitimate completion of the system. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motio;: cr�rried unaninously. RESOLUTION N0. 33-1975 - SUPPORTING SENATE FILE N0. 95 PRQVIDING FQR A SERVICE CHARGE ON TAX EXEMPT PROPERTIES: The Finance Girector said this wuul� support � bill that would require i�c �ax exempt properties to pay a service charge to the City for Police and Fire �ervice. MOTION by Councilman Breider to adopt Resolution No. 33-1975, supporting Senate ' File f;o. �5 providing for a service :,harge on �ax exempt oroprr�;es. Sr_conder,' by Councilwoman Kukowski. Uoon a voice vote, a11 votinq aye, Ma��n;- Plee ceclared the motion carried unanimously. � � � i COIJSIDERATICfd Of APPOINTMENi "f0 BUILDING STANDrRGS - DESIGN CONTROL GOP•ihITT'=E: f4CiI0�l by Councilman Breider to table the consideration of the appointmen� to thc Buildi��g Scandards-Design Control Coirmittee until the next meeting of t,,e Coancil. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, r"a;✓o�� F!ee declared the motion carried unanimously. COP;SIUERATIOI; OF APPOINTMENT OF NEW CHAIRMA�; FCf °LAN'�di�JG COMMISSICPi: Councilman Fitzpatrick said he wou7d 7ike to nonimate Mr. Richard Narris, ihe ��,rr�,t Vice-Chairman of the Planning Commission for Chairman of the Planning Commission. Councilman Fitzpatri�;; ;«id he �elieved Nr. �-:ar�°is �o be ve;°y ccrsc:er��icus ahou� his dui.�ies on t?�� Commiss�on and ha� acted as C'�airr;an severai �in=:. !?� also indicated Mr. Harris' attendence to be good at the meetings. MOTION by Councilman Fitzpatrick to nominate Mr. Richard Harris as Chairman cf t;ie Planning Commission. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City F4anager said there were a number of appointments to be madc ir Arril �nd he would bring the necessary lists in the form of a resolution back to the Counci] at the next regular mee�i��o. ;!;.� ask?d iF ';he Cou�,,cil would ':i�;e tf.e vacancies published to gain publicy�nte•r�st �n tres� posi�iens. I', saic'. it would be bett�r to have the appointments from those ���illing to serve and v�ho are ca.r,,,�.1e because the committees serve an important function in helpinq the Council. He suggested the vacancies be noted in the local paper and also c� tbe Cable Tele�,�s�c,� system. Councilwoman Kukowski agreed with this type of publication to ga�n vo]unteers to serve on the various committees. Councilman Breider indicated that he ihoughi the publication shouid b: �,vit`"eld until the Council had a chance to determine 9f the people who's terms have expired would like to continue serving and would like to be reap�ointed, He su�gestcd that the list be given to the Council for the period of one week to determir:e w�ich vacancies would have to be filled. Mayor Nee said the list should te subrnitted to the Council and th� consideratien brought back the next week. CLAIMS: GENFRAL 38850 - 39140 LIQUOR 9573 9635 MOTION by Councilman Breider to pay the claims. Seconded by Council•NOm�.n KJ�o4rki. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� �� � 304 REGULAR COUNCIL MEETING OF FESRUARY 24, 1975 PAG£ 14 LICENSES: GENERAL CONTRACTOR: BY: APPROVED BY Pendzimaz-Hallen Construction Co. John M. Pendzimas C. Belisle 5740 Brooklyln Boulevard Brooklyn Center, P1inn. 55429 Sunrise Construction Corp. Arthur L. Fretag C. Belisle 3106 61st Avenue North Minneapolis, Minn. 55429 SIGN ERECTORS: Cragg Incorporated William A. Cragg C. Belisle 822 West Sroadway Minneapolis, Minn. 55411 P4aster Signs of Minneapolis Sanders Moore C. Belisle 3637 13th Avenue South Minneapolis, �1inn. 55407 MULTIPLE DYIELLING: ADDRESS UNI7S APPROVED BY Roscoe Smith & 5451 5th St. fJ. E. 32 R. D. Aldrich C. W. Hommeyer Fire Prev. 3504 Larchwood t�linnetonka, Minn. 55343 Umberto M. Virgillo 5400 7th St. N. E. 3 R. D. Aldrich 4521 Winnetka Ave. #106 Fire Prev. New Hope, Minn. 55428 MOTION by Councilwoman Kukowski to approve the licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Peter Lametti Construction Co. 615 Drake Street St. Paul, Minnesota 55102 PARTIAL Estimate #4 for Sanitary Sewer Improvement No. 113 (Central Avenue Relief Sewer) for period ending January 31, 1975 $13,500.00 American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 PARTIAL Estimate #1 for Sanitary Sewer, 4later and , Storm 5ewer Improvement Project No. 116 for period ending February 13, 1975 81,97�.25 Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, D1innesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following work: PARTIAL Estimate �13 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. lln from December 29, 1974 through January 3}, 1975 199.14 PARTIAL Estimate #8 for Sanitary Sewer and Water Improvement Project No. 115 from December 29, 1974 through January 31, 1975 6.69 PARTIAL Estimate #2 for 4Jater, Sanitary Sewer & � i � � ' � � r � REGULAR COUP}CIL MEETING OF FEBRUARY 24, 1975 Storm Sewer Improvement Project No. 116 from December 29, 1974 through January 31, 1975 Carl Newquist Smith, Juster, Feikema, Haskvitz and Casserly Builders Exchange Building Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor for January Virgil Herrick Weaver, Talle & Herrick 3]6 East Main Street Anoka, Minnesota 55303 For legal services rendered as City Attorney for January 305 PAGE 15 $ 3,018.44 1,266.25 1,7b5.00 MOTION by Councilman Breider to approve the estimates. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unanimously. RECEIVING LIQUOR OPERATIONS REPORT FOR 1974: The Finance Director listed the sales figures for .1973 and 1974 and said $75,000 had been transferred to the General Fund. He said the operation had been tightened up through 1974. ' Mayor Nee questioned if the Council should take some action of the adjustment of the salaries for the Manager and Assistant Liquor Store P1anapers, but added this would not be possible for the Council until some recommendation was received by the City Planager. He recalled the f�1anaager and Assistant Manager had taken a cut in salary � while the other liquor store employees received a cost of living increase. Mayor Nee said he would like to have the City Manager bring back a proposal for equalizing sa]aries. The City Manager pointed out that the 1974 liquor store operatici�s exceeded ]7°� � return on investment. The City Manager expiained that the City staff was in the process of a�orking out a recommendation to the Council and the employees understand that this will be retroactive from the first of the year. � ' , 0 I � RECEIVING COMf�1UNICA,TION FROM LARRY JAMISON, 7301 CONCERTO CtJRVE, REGARDING PARKING VIOLATIONS AND SNOW REMOVAL: Councilman Breider indicated the letter was basically a complaint concerning the policy of towing cars for the plowing of streets. He said he thought the letter warranted the City to look at the policy and come up with something better. He said this matter would be too complicated to make any solid progress at the present meeting, but he thought this policy should be reviewed by the Police Department. He suggested that this be a topic at the upcoming study session on the fourth t4or�day evening in Ifarch. CONSIDERATIO� OF APPOINTMENT OF P1EM6ER OF TNE COUPlCIL AND MEf4QER OF THE STAFF ON POLICE COMMISSION PRESE�ITED 6Y THE CITY ATTORNEY: The City Attorney said he had some discussion with two mernbers of the Police Commission and they would like to work on reviewing the rules and regulations. They had indicated they would like a member of the Counc�l and a member of the staff appointed to work with them to estabiish changes that would be acceptable. Mayor Nee said Councilman Breider had been working with the Police Department on this type of matter. He suggested that Counci7man Breider be appointed. Councilman Breider said he would serve in this capacity. MOTION by Councilwoman Kukowski to appoint Councilman Breider as the Council's ! representative to work w.ith the Police Commission to review the changes in rules and regulations. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P�layor Nee declared the motion carried unanimously. � _ .. __ _ _ _ __ _ • _ __ . _ _ _ _ _ 306 REGULAR COUNCIL MEETINC OF FEBRUARY 24, 1975 PAGE 16 ' Mayor Nee said the Council would not have to deal with the question of who the staff representative would be, this would be up to the City Manager. '� CONCERN EXPRESSED BY MAYOR NEE ON SETTLEMENT WITH PARK RANGER: Mayor Nee indicated he had obtained information that the City was not being fair to the Park Ranger. He said he had received many calls commending the Park Ranger and he would like this matter settled. The City Manager explained that the staff had been working on this and had discussed this with the representatives of the schools to vrork out his duties and department functions. He said this �•�ould be discussed at budget time and something should be � worked out with the school people first. MR. HENRY PETERSOPJ, AMERICAN LEGION, REQUEST THAT VETERANS BE N07IFIED PRIOR TO CTION TAKEN CONCERNING THEM: , Mr. Peterson addressed the Council and requested that the Veterans be notified in the future if the Council was to take any action concerning them. He expressed dissatisfac ion atthe fact that the item acted on that evening by the Gouncil had come up during the Visitors section with no notification to the public. Mayor Nee said he believed this to be a reasonable reouest. Mr. Peterson said he believed the item should have been tabled. ADJOUR�!MENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor.Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of february 24, 1975 adjourned at 10:26 P.P1. Respectfully submitted, ��' Pat Ranstrom William J. Nee Secretary to the City Council Mayor . Date Approved `'�—�. i . , � , 1 ' , THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 25, 1975 ' ' � ' , r ' � r � , l I � The Special Meeting of the Fridley City Council of February 25, 1975 was called to order at 5:30 P.P1. by Mayor Nee. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Fitzpatrick, Councilman Breider, and Mayor Nee. MEMBERS ABSEPlT: Councilman Starvialt. RECEIVING BIDS FOR $1,220,000 GEPIERAL OBLIGATION REFUNDING BONDS DATED MARCH l, 1975: Mr. Seegar Swanson from Ehlers and Associates explained the refunding principals and procedures. Mr. Swanson stated two bids had been received; one from Juran u Moody, Inc. and one from Banc Northwest. RESOLUiION N0. 34-1975 - RESOLUiI01J .AUiHORIZI�lG, S[LLIidG AND [�TABLISHING ?HE TcRMS OF b1,2�cC,000 GE\ERAL Q�LIGATIGN REFUhDING BCidDS, CREATING A SI^l�CI"iG FU1D THER�FORE, AMD PROVIDING FOR TNEIR PAYMENT: MOTIO{� by Counciltivoman Kuko���ski to adopt Resolution ho. 34-1°75, a�esolutior authorizing sellirg are establisi?ing ti-:e terms of '�1,220,000 General Cbligation Refunding Bonds, creating a Sinking fund therefore, and providing for their �ayT�°nt, and to award the bond sale to Juran & Moody, Inc., in the amount of $1,233,090. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to authorize the payment of $14,244.88 in accrued interest and $7,294.24 as a cash deposit to the First National 6ank of Saint °aul. Seconded by Councilman areider. Upon a voice vote, all voting aye, �1ayor Nee declared the motion carried uranimously. Mr. Seegar Swanson explained that the tentative interest savings to the City for this refunding bond issue wiii be �75,593.?_6. The savirgs could be s?ightly more than +.his. The Two bord issues being retired are Speciai Assessmen� 6onds of 1970 and N;ater Improvement Bonds of 1970. ADJOURPIP�IENT : MOTION by Councilman (3reider to adjourn the meeting. Seconded by Counciir��an Fitz�atrick. Upon a voice vote, ail voting aye, (�ayor Nee declared the mction car;�ed unanir-�o�as�y and the Special Meeting of the Frid7ey City Ceuncil of February 25, 1975 ad,jcurned at 5:45 P.M. Respectfully submitted, � Marvin C. 6runsell 41iTiiam J. �lea Actir.g Secretary to the City Council Mayor Date Approved 0 � ; , , s ; � � ; � .� � [� � � r �J , 2 THE MINUTES OF THE REGULAR h1EETING OF THE FRIDLEY CITY COUNCIL OF MARCH 3, 1975 The Regular Meeting of the Fridley City Council of March 3, 1975 was called to order at 7:30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee invited the Council and audience to join him in saying the Pledge of Allegiance to the Flag. Mayor Nee welcomed those in attendence and those viewing the meeting. ROLL CALL: MEMBERS PRESENT: Councilman Breider, Councilman Star��.alt, Councilman Fitzpatrick, Mayor Nee, and Councilwoman Kukos;ski. M�MBERS A6SENT: None. ADOPTTON OF AGENDA: Mayor Nee said he would like to add an item for Council consideration �uhich he would like the Council to think about through the meeting to determine a method of commending the Fridley High School Wrestling Team on their accomplishment on beinq State Champions Councilman Breider said he would tike item number five, the Consideration of the Appointment to the Building Standards-Design Control Subcommittee considered along with the item numbered 14, the Consideration of Appeintments to various Boards and Commissions. n MOTION by Councilman Starwalt to adopt the agenda as amended with the aforementioned items added and changed. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUP�1: VISITORS: � MR. DAN ROUSE, 210 RICE CREEK BLVD., REQUEST FOR ACCEPTANCE OF PRESENTATION OF ECOLOGY � —� - -- -- --' --.._,... ....,,, ..-r��.,�.�-�-� nni rnnTU i.ir[V. Mr. ban Rouse addressed the Council and exp7ained he was a representative of the Fridley Senior High Students and they would like to present the City of Fridley with an Ecology Flag ta be flown during Earth Week, April 20 through April 26, 1975. He asked if the Council would accept the Flag. MOTION by Councilman Fitzpatrick to approve the acceptance of the Ecology Flag and that this flag be flown during Earth Week, April 20 through April 26, 1975 in Eisenhower Square. Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Rouse thanked the members of the Council and Mayor Nee thanked P1r. Rouse. OLD BUSINESS: CONSIDERATION OF S READING OF AN ORDIfdANCE AMENDING CHA A t 603 - INTOXICAT 1'be City Attorney, Mr. Virgil Herrick, addressed the Council and explained that he had met with the Director of Public Works, Mr. Richard Sobiech, and they had gone over the ordinance. He commented that they had made several changes, most of which were housekeeping changes. He mentioned the Council had ap(�roved the Ordinance on first reading several weeks previously. The City Attorney pointed out one change which he felt was a significant change on Pa�e 1-B of the Council agenda in the Section 603.081, Persons Ineligible, which was amended as underlined. He said the Section read as follows: "2. Who is not of good moraT character", and he explained that the fo'lowing language had been added to that portion, "and repute. If applicant has been an owner, manager or employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature, the City Council may consider the applicant's past p°rformance record in determining whether a license shall be granted or renewed." He mentioned that the State Statutes limit this section to the original section, and it is possible for the City to adopt more stringent requirements. , The City Attorney pointed out the change made in Section 603.10 to be the exceptions listed after no minor shall be employed, "except that minors may be employed as musicians, busboys and dishwashers." He ;ndicated this change was added to bring the ordinance in line with the State Statutes. 0 . 0 � . . 3 REGULAR COUNCIL MEE7ING OF MARCH 3, 1975 PAGE 2 The City Attorney referred the Council's attention to the memo prepared for the Council concerning some additional changes that should be discussed by the Council. He said the changes had been suggested by the Administration and he believed the memo to be self explanatory and offered to answer any of the Council's questions. Mayor Nee indicated that there had been a change suggested in the memo for Section 603.04 and he was unable to find this section in the aqenda. Councilman Fitzpatrick said this had not been included in the ordinance. The City Attorney explained that this section requires an applicant for a liquor license to present the City with a statement from a certified public accountant showing the total gross sales and total food sales of the restaurant for the twelve months immediately preceding the application for renewal. The City Attorney said he would like some indication from the Council relating to whether the Counci would wish to enforce this requirement or waive it at the present time. He said he did not think.the current applicants for renewal had been camplying with the requirement. ��layor Nee stated hewould not a�ant the provisions weakened. The City Attorney said he was not suggesting that this section be removed, he would like to know if the Council might consider waiving the requirement for the present time. He advised the Council ihat the provision should be waived, or thF �urrent license holders should be contacted and requested to furl�js!�a statement from a certifired public accountant. The Public Works Director read the section as it exists to the Council. Mayor Nee asked if the figures could be determined from the amount of liquor sales and the Public Works Director said yes. Mayor Nee asked if everything that is not liquor sales would be determined as food sales and the City Attorney said he believed so. P�ayor Nee asked the City Attorney if he was sure that the applicants in the City were not complying with this requirement at the present time and the City Attorney said he was not aware of statements being presented. Mayor Nee referred the Council's attention to point number two in the memo from the City Attorney and asked if the currently being considered applicants for liquor licenses resided in the City. The City Attorney explained that he was not sure on this, but irY these cases it would depend on who the applicant would 'nire as a manager of the business. The City Attorney explained that this may have some practical problems in the enforcement of this type of provision. He questioned if this requirement would stand through judicial action. He said he would like to see the Council adopt a more practical requirement than asking the applicant to be a member of the community or resident of the City. He said there were some determining factors in the current wording. He mentioned that in policing the establishments, it was thought that the manager or applicant should be in the general location of the business for ready access. He pointed out again to the Council that he did not know if the language would be defensefull in litigation action. Council.��oman Ki�kowski said she would favor the idea that the manager of the business resides in the City. She said she could see that this wou7d be impractical in some instances. Councilman Starwalt said he felt it would be good for the manager to reside in the community because this would provide for community spirit. He questioned if this would be an advantage in competition. Mayor Nee agreed, but indicated that if the provision in not enforceable, maybe there should be some changes. The City P,ttorney said he would also favor that the manager be a resident, but there would be some problems in the administration of the requirement if it is not waived for the current 1icense holders. He said if this statement remains in the ordinance, the license should not have been renewed. -� Councilman Starwalt said he would like it kept on record that the City would consider the manager's residence in the City to be beneficial, but this would not be binding. The City Attorney said this could not be incorporated in the ordinance, but it can be said that this would be favored by the Council. He said if the restriction would remain in the ordinance, it should be enforced, or it should be waived. He also mentioned if the requirement is waived for one applicant, it would have to be waived for all. � Mayor Nee asked if the�City Attorney could explain his remarks within the statement y numbered three in the memorandum to the Council. The City Attorney said it had been � a requirement that the C�ty issue one license less than the maximum number permitted j by the Minnesota Statutes. He explained that the purpose of this section has become obsolete because the City is now permitted to have private off-sale licenses as well as municipal on-sale and off-sale. He also s±ated that the leqislature had authoriied ' � second class cities with population over 20,000 people to issue up to 18 liquor ! b h u cil o ld like to decree b ordinance a lesser , l i c e n s e s. N e s a i d m a y e t e C o n w u y �� � number availab1e at this time and reserve some and hope for future development. I � i � REGUL.4R COUNCIL MEETING OF MARCH 3, 1975 PAGE 3 The City P.ttorney explained that this would limit the infl.ux of liquor ]icenses applicat- � ions within the next two years. He also p��n.ted_ out that �t would be possible for the City to impose more s±ringe�t regulations than set forth in the State Statutes. Ne advised the Council that the ordinance could be amended some time in the future. Councilman 8reider said he did not know what the number would or should be. He , expressed the view that 18 is high. Ne mentioned he did not think that there is 18 3.2 establishrnents in the City of Fridley. Mayor PJee said the criteria would be for restaurants and he asked the number of restaurants in the City. ' Mayor Nee said he thought the 40/60 split would be a good one for the restaurants, but suggested the City contact some of them to find this out. He said maybe the 50/50 split would be better. , - Councilman Fitzpatrick said requirements and asked when time the split requirement proposed ordinance. he was not aware of the history concerning the sales this had been changed. Mayor Nee said at the present is 50/50 unless the Council would change this with the Councilman Breider asked if the information on the operations in Bloomington would be public information. He recalled they had had some trouble with one business not obtaining the 50/50 requirement. The City Attorney said the other area cities are willing to give the City information when it is asked for. The Finance Director agreed with this statement. Councilman Breider listed several of the business places in the Bloomington area he would like to have information on. The Finance Director asked if these establishments under the curreni City laws a�ould operate under the same laws as the City of Fridley. Councilman Breider said yes, they have a 50/50 split. P4ayor Nee felt this proposai io be a good one and said rather than speculate, the City should ask for this information. Mayor Nee said if the City would change the proposed fi9ures, they should give those ihat had applied for licenses this information and allow them a chance to Took at the figures for the change in their operations. Councilman Starwait said he had come to the conslusion that he would not be able to vote on another liquor iicense until these facts had been vrorked out. Council- man Starwalt stressed the settlement of the 40/60 sp]it requirements should be taken care of before any more licenses are considered. He said he would like all the relevant factors taken care of. Mayor Nee suggested that the Finance Director prepare a report for the Council on the requirements of the other cities using the same criteria. Mayor Nee asked if anyone had any questions or comments concerning the statement that the renewal license applicants furnish a statement by a certified public accountant. Councilman Starwalt said he did not think this requirement should be deleted or waived at this time. He explained the feeling that this information could aid in the consdieration of the criteria that should be established in the City at this time. Mayor Nee said the Council would not want the provisions weakened and C�uncilman Starwalt said he agreed with this statement. Playor Nee said he felt the Council- members all felt the same about not ��eakening the provisions. Mayor Nee recalled the second consideration within the memo submitted by the City Attorney and mentioned if the manager is not a resident and this criteria would not be enfor�eable, he felt this should be deleted. Councilman Starwalt said he N�ould reluctantly agree. Mayor Nee said when the ordinance comes back to the Council for consideration, this portion couid be amended. Mayor Nee continued to question the matters submitted by the City Attorney and agreed with the first suggestion that there would no longer be a]imit of allowing one less than.. the available license. ��ayor Nee said he could not say at this time what he would like to do about limiting the number of liquor licenses that the City should issue. He asked if the Council would like to look c]oser at this type of consideration on the number when the other reports are received by the Council. MOTION by Councilman Fitzpatrick to table the consideration on the second reading of the ordinance until �arch 17 after the consideration of the report on the operations in other communities is reviewed by the Council and that the ordinance be amended as directed through the current discussion, and that the Finance director be instructed to inform the Fridley liquor establishments to have a statement prepared by a certified public accountant to be submitted to the City. Seconded by Counci]man Starwalt. Upon . � REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 4 a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING RESPONSE FROM SPRINGBROOK PlATURE CENTER FOUPJDATION REGARDING THE PROPOSED LEASE AGREEP1ENT 6ETWEEN THE CITY OF FRIDLEY AND THE SPRIfdGBR00K NATURE CENTER FOUNDATI The City Manager explained that the Foundation had requested in their letter that this matter be considered at a later time to allow the Foundation's legal Counsel to review the agreement. MOTION by Councilman Breider to table the consideration of the proposed lease agreement until March 17, 1975 and receive the letter from the Foundation dated February 26, 1975. Seconded by Councilman Starwalt. UPon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESOLUTION REGARDING TNE ISSUANCE OF INTOXICATING LIQUOR LICENSE ' FRONTIER CLUB FROM MEETIP�G OF 2/24/75 : Mayor Nee pointed out to the 4dard Councilman,;Councilman Starwalt, that the Council had not taken any action in his absence of the previous week. Councilman Starwalt said he would 1•ike to express his appreciation that this matter had been held over until he was in attendance. MOTION by Gouncilman Starwalt that the resolution not be adopted until the Council resolves the 40/60 split requirement and also the other relevant matters concerning the liquor ordinance indicating he could not support any other liquor licenses in the City until these matters are resolved. Seconded by Councilman Breider. Counci}woman Kukowski said she woudl net vote in favor of the proposed motion and mentioned that the Council had adopted the same type of resolution in the cases of the other liquor licenses applicants. She said the applicant is waiting for a decision on the matter justas well as the others had waited and reservations for the licenses had been made for the others. Councilwoman Kukowski said the app1icant had ' been waiting for a long time. Councilman Fitzpatrick said this would only be a resolution to reserve the license until the applicant meets the necessary provisions. Mayor fJee in�icated that if the resolution is adopted, there would be an obligation on the part of the City to issue the license if the applicant spends tne money to comply with the provisior�s. Mayor Nee indicated that there should not be any deliberation following a motion to table. UPON A ROLL CALL VOTE, Councilman Sreider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting nay, Mayor Nee voting aye, Councilwoman Kukowski voting nay, PM1ayor Nee declared the motion carried three to two. RESOLUTIQ?; N0. 39-1975 - REQUESTING THE DEPARTME��T OF MILITARY AfFAIRS, STATE OF MIRNESOTA TFIROUGH Tf-iE ADJUTANT GE�ERAL, TO EXPLORE THE POSSISILITY OF ESTAaLISHING PdATIONAL GUARD ARMORY IN THE NORTHEAST SUBURBS UNDER A J INj POWERS AGREEMENT: Mayor P1ee called on Councilman Breider to �ndicate to the Council the content of the resolution. Councilman 6reider reiterated the comments of the last r�ieeting of the Council and indicated he believed the people of the City of Fridley are not ready to take on the entire expenditure as it relates to the construction of an Armory in the City. He indicated the resolution states that the City would be interested -' in a joint venture with the other northerly suburbs and if this is established, the City would look more favorably on the proposal. Councilman Breider said he believed the �rmory would be better located north of the Locke Park area and perhaps within the airport property. He thought that this would be more centrally located and the City would favor this type of participation if it comes about. Mr. Nick Garaffa, 6750 Monroe Street, said he would feel better if the resolution expressly ruled out the Locke Park siie. Playor Nee said the language of the resolution indicates this fact. Councilman Starwalt commended Gouncilman Breider on the contents of the resolution. � MOTION by Councilman Breider to adopt Resolution 34-1975, requesting the Department of MIlitary Affairs, State of Minnesota through the A�jutant General, to explore the possibility of establishing a National Guard Armory in the Northeast Suburbs under a joint powers agreement. Seconded by Councilwoman Kukowski. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. I�� i ' t . __ ; �I � � ;' REGULAR COUNCIL MEETING Of MARCH 3, 1975 i � � ' , ' ' � � , � , �- ' ' � � '� �� PAGE 5 CONSIDERATION OF AN APPOINTP�fENT TO THE C,UILDING STANDARDS-DESIGP� CONTROL SUBCOMMITTEE TABLED 2/24/75 : Mayor Nee said this item had been changed on the agenda to be considered along with the appointments to various boards and commissions, item number fourteen. NEW BUSINESS: RECEIVING 7HE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 25, 1975: A REQCEST F(!R VAR?I1PdCES OF THF FRIDL[Y CITY CO�E AS FOLLC::'S: SECTIO�! 2�J5.:1�?, 4. E2. TO REDUCE THE SIDE YARD SETBACK REQUIREME��T, OP� THE STREET SIDE OF A CORNER F-STREET PARKING FROh1 5 FE ECTION 205.104, l, E3, TO RE TO ZERO FEET FROM THE h1AIN B CK fOR OFF-STREET PARKING, F 205.1�4, l, E1> TO ALLOW OFF D SECTION 205.104, l, F3, TO AY INTERSECTION TI'AN THE REQ HE DISTANCE A DRIVElJAY IS FR CONSTRUCTION OF A 16 FOOT A LOCATED Ofd PART OF LOT 18, NG 7250 CENTRAL AVENUE N. E. 0 CENTRAL AVENUE N. E., FRID UCE THE SETaACK ILDIfdG, AND, SECTION OP1 � FEET TO ZERO STREET PARKING IN ALLOId CURB OPENINGS IRED 75 FEET, AND, ^t A LOT LINE FROP1 5 DITION ONTO THE PqRCEL 900 BLOCK FRIDLEY, Mi•"lNESOTA, The City Manager advised the Council that at this time, there would be no action ncessary on the request. He suggested that the Council table the consideration and receive the minutes until the matter is reviewed by the Building Standards-Design Control Subcommittee, unless there is some particular interest in the item at this time. Mayor Nee suggested in matters such as this, that the Council point out the high points in the consideration for the benefit of the people. The City t4anager indicated the request to be for an addition of a gas station located at 7250 Central Avenue. He said the Board of Appeals had recommended conceptual approval and suggested tliat a survey be supplied to insure that the d'mension are correct and that a development plan be approved by the Subcomrnittee. He said the matter should be reviewed by the Building Standards Subcommittee before the Council reviews the mat�er. Mayor Nee asked why the community residents had not been approached in this line. He said he thought the neighborhood deserved to be notified of any Council action in order to bring some order to the area. The City Manager said there is a hearing on the Subcommittee level and the neighborhood is advised of the action to be considered.. He said at this time, he felt the Council should have the whole picture of the matter and requested that no Council action be taken until the other subcommittee had made their recommendations to the Council. MOTION by Councilman Fitzpatrick to receive the minutes of the Board of Appeals Subcorr�nittee Meeting of February 25, 1975. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, f�layor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF FEBRUARY 24, 1975: MOTION by Councilman Fitzpatrick to receive the minutes of the Parks and Recreation Commission meeting of February 24, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING TNE MINUTES OF THE HUMAN RELATIONS COMMITTEE PIEETING OF FEBRUARY 20, 1975: MOTION by Councilman Breider to instruct the City staff to prepare an affirmative action document and that this document be reviewed by the Numan Relations Committee before coming back for Council consideration. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. MOTION by Councilman Breider to receive the minutes of the Human Relations Committee Meeting of February 20, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' i �_ � � i � ,� REGtlLAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 6 REAPPRO!�AL Of L.EASE ArRF.EMFN7 BETWEEN THE ISLANDS OF PEACE FOUNDATION AND THE CITY OF FRIDLEY: MOTION by Councilwoman Kukowski to reapprove the Lease Agreement between the Islands of Peace Foundation and the City of Fridley and authorize the t�layor and City hlanager to sign the Lease Agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vating aye, Mayor Nee decla�°ed the motion carried unanimously. SECOND READING OF CORRECTED ORDINANCE PJO. 576 - VACATION REQUEST BY JERRY GUIMONT, SAU #74-04, ERROR IN LEGAL DE�SCRIPTION : The Public Works Director explained that when the ordinance was being filed with the County, they had been informed that there was an error in the;legal description on the ordinance. He oointed out the change to be from "Rice Creek Plaza° to "Rice Creek Plaza South". • MOTION by Councilman Breider to adopt the correct Ordinance No. 576, for the vacation request SAV ;174-04 t2cause of an error in the legal description. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CLAI(-1 FR��� A. J. CHROMY COMPANY AND CORRESPONDENCE FRO'1 CONSULTING EfdGINEER S&W #114 : The Public Works Director recommended that the Counci_1 receive 'the claim from A. J. Chromy and also the corresnondence from the Consulting Engineer. He pointed out the communications on Page 12 through 12-F of the Council agenda. He also pointed out that there was a communication from the contractor A. H. Chromy within the material provided to the Council. The Public Works Director said the status report presented to the Council in �ebruary indicated the contractor was reluctant to progress property on Alden Way. He noted the previous Council action authorized that the contractor be notified that if the work was not completed the City would contract another firm:to finish the project. The Public Works Director said the contractor had indicated tnat he would finish the construction. The Public Works Director said he had advised the contractor that the claim would have to be considered by the Council to approve payment of the claim. He again recommended that the Council receive the communications and direct the administration to pre�are a recommendation to be presented at the finalization of the project. . MOTION by Councilman Breider to receive the communication from the Public Works Director dated February 27, 1975, to receive the communication from the Consulting Er,cineer dated February 17, 1975; and also receive the communications from the contractor, A. J. Chromy dated February 12, 1g75 and February 19, 1975 and that this matter be resolved as recommended for the completion of the project. Seconded by Councilman fitzpatrick. Mr. Dennis Schneider, 6190 Stinson Blvd., addressed the Council and asked for clarifi- cation of the comments on restaking. The Public k'orks Director explained that the contractor did not take care of not disturbing the stakes and the consultant had to restake in many instances. The Public Works Cirector indicated that this would all be resolved within the recommendation. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF ACCEPTANCE OF WORK UNDER SEWER AND WATER IP1PROVEMENT PROJECT #115 BY 8& B EXCAVATING, AND AUTHORIZATION FOR bJITHHOLDING FINAL PAYMENT: The Public Works Director said there had been some problem in that the Contractor had not paid the subcontractors. He advised the Council that the work had been completed satisfactorily and it had been inspected and all is in order. He said the � work had been completed to specifications. The Pubiic Works Director said it would be possible for the subcontractors to begin some legal process against the General contractor. The Public 4lorks Director said at this time he recommended that the Council accept ths ivork. He advised the Council that the City would have to obtain the appropriate lein waivers before payment of the claim. MOTION by Councilman Starwalt to accept the work completed under sewer and water : I �J REGULAR COUNCIL MEETTNG OF MARCH 3, 1975 PAGE 7 Improvement Project #115 by B& B Excavating and authorize withholding the final � payment until the appropriate lien wavers are received by the subcontractors. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriad unanimously. � ' , CJ CONSIDERATION OF APPQINTMENTS TO BOARDS ANb COMirISSIONS: AND RECEIVING COMMUNICATION FROM RAY SHERIDAN, CHAIRMAN FRIDLEY CHARTER COMMISSION: The City Manager said many of the terms are not up until April l, 1975, but it was appropriate to begin thinking about the appointments. Ne said the appointments are quite important to the Counci�. Ne raised the,c;uestion of publication of the openings available to inform the pub]ic. He said he felt the people who's terms are expiring should be contacted to determine whether or not they would like to continue to serve on the various boards and commissions. He advised the Council that the item appeared on the agenda to inform the Council of the openinns, not for immediate appointments. Councilman Breider :�aid he would like the opening in Ward i for the Building Standards- Design Control Subcommittee advertised as being available. He su�oestec'_.that .*.h�s openinn be taken care of at the same time as those in April. ' Councilman Fitzpatrick asked if some of the appointments are be Ward appointment and some by at large appointment. He mentioned in some cases one Ward seems to have greater representation than the others. He said he did not know how the appointments had been recommended. �� ��' ' �I , �1 � ' Mayor Nee said the practice of the Council is to try to soread the representations from the various 4lards. Mayor Nee said hevauld like it worked out that the appointments on the Planning Commission would end up with two women on the Plannina Commission. He said there had never- been a female on the Planning Commission. He said he was aware of the drguments iU this request in that it is difficult to find a woman qualified for this kind of tehnical position. Ne mentioned the only way that a woman wou1d be appointed to the Planning Commission is that if she were appointed as a chairman of a subcommittee. Councilman Fitzpatrick said he was prepared to cooperate with this request on one comi��i ttee. The City Manager suggested that the Plats and Subs Committee be the topic of conver- sation at the conference meeting of the current month. He thought the Council should resolve the matter of the Plats and Subs in conjun ction with the Environmental Quality Commission. He said the Plats and Subs has very little to do since the City has become developed to the po�nt it is today. The City Manager said there is some concern of whether the Plats and Subs should be reevaluated with a new direction. He said this matter could be left open until the conference meeting on the fourth Monday of the month, March 24, 1975. He suggested the duties of the subcommittees he!reviewed and modified to better suite the needs of the City. He pointed out that their current activity should not be what it had been 15 years ago. He said the City has grown and the needs of the City have changed. Mr. Nick Garaffa questioned if the next time this topic is discussed, would the appo�nt- ments on the various committees be evenly matched for location. He mentioned on some cocanittees there are two or three people representing the same block. I;e suggested the Council attempt to allow the appointments to be from an even spread of the Wards. He asked if some kind of report on this could be prepared. MOTION by Councilman Starwalt to direct the Aministration to contact those people who's terms will be expiring to get an expression as to �vhether or not they wouid like to continue to serve and also that the Administration prepare a report on the distribution of representation on the various boards and commissions. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared , the moiion carried unanimously. � Councilman 8reider said �rith everyone concerned about the distribution of Ward appo�ntments, maybe, the Ward Councilmember should make the nominations for the at large positions. Councilman Starwalt said the relocation of Ward boundaries has further complicated the problem. � Mayor Nee recalled that there had been a plan presented for the appointments which � � � � �.--�. � y:: REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 3 was prepared by the Administration some time ago. He asked if this would clarify the appointments. Councilman Fitzpatrick said this had been prepared by the staff and reviewed by the Planning Commission in great detail. He said it included the concept that a new Mayor may make an appointment to the committees. He said the plan had been elaborately worked out. Mayor Nee recalled the plan was cmplicated. The City Manager said the plan could be brought back to the Council and this could be a starting point. He said these modifications could be reviewed at the conference meeting. The City Manager pointed out the memorandum from the Chairman of the Charter Commission, Mr. Ray Sheridan, and said he would }ike the Council to submit names to Judge Gillespie for the available openings in the Charter Commission. He mentioned Mr. Sheridan included the names of the people who wish to continue on the Commission and had added four names of other recommendations for appointment. • The Finance Director pointed out that one person had been left out on the list and this was Mr. Roy McPherson. The Public Works Director said eight two year terms would have to be filled. The Public Works Director indicated there were also four year terms vacant. Mayor Nee said any person who would like to be considered for appermtment to the Charter Commission shoulc( either contact a member of the Council or submit their name to judge Gillespie, Anoka County. Mayor Nee asked when the names should be submitted. Councilwoman Kukowski indicated according to the inforination submitted in the agenda, the terms had expired on Jdnuary 23, 1975. The City Attorney suggested that this be done at the end of March or beginning of April. He said it had been suggested tha t the Judge make the appoint- ments late in March or early April. Councilman Starwalt said he felt the persons interested in the appointment to the boards and commissions should contact the Ward Councilmember, Mayor or Councilmember at Large. Mayor Nee mentioned that the recommendation for appointment for the Charter Commission may hold more weight if it came from the City Council. RESOLUTIO�� N0. 35-1975 - AUTHORIZING THE CITY ADMINISTRATION TO ENTER IPdTO A CONTRACTUAL AGREEP1ENT WITH ANOKA COUNTY FOR TNE'PURPOSE OF OBTAINING FUNDS FROM11 THE FEDERAL GOVERN- MENT COMPREHENSIVE EP�PLOYMENT AND TRAINING ACT, TITLE VI CETA 41HICH PROVIDES EF�PLOY- MENT FOR UNEMPLOYED AND UNDEREP1PLOYED PERSONS IN THE PUBLIC SERVICE AREA: The City "4anager explained this resolution would authorize the Administration to enter into a contractual agreement for obtaining $38,924 for the emergency training or CETA. He said the funds would be av�ilable for the remainder of 1975 and would be used to provide two �eopel in the Naturalist's tree program. He further explained the purpose of the program is to provide supplemental employment where there had not been before. He said one person would be hired in the Public Works Department and this would be to work anywhere within the street, water or sewer maintenance areas. He said one person would be used in the administrative staff to work in the City t�lanager's office to do some research for the Council, City Manager and Public Safety Director. Councilwoman Kukowski asked if a woman could be used in the program. She continued to cite that by the ciescription of the work involved, it would seem that the qualifications would be for all abie bodied male persons. She asked if the research position could be filled by a woman. The City Manager explained that the criteria of the program in that the person would have to be unemployed or underemployed would have to be followed. Ne mentioned that there is a list of criteria for the City to follow. Councilaroman Kukowski mentioned that there are many wonen that.are the head of their household and hurting with the present state of the economy. The City Manager said if this is the Council's choice, the administration would attempt to hire a woman if such a person �pp71Qd:.and.qual.i.fied f6r the position. MOTION by Councilman Fitzpatrick to adopt Resolution No. 35-1975, authorizing the City Administration to enter into a contractual agreement with Anoka County for the purpose of obtaining funds fram the Federal Government Comprehensive Employment Training Act, Title VI (CETAj which provides emplayment for unemployed and underemployed persons in the Public Service Area. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' d i ' i � 1� REGULAR COUNCIL MEETING OF MARCN 3, 1975 PAGE 9 � ' iRESQLUTION N0. 36-1975 - IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE � CITY OF FRIDLEY: li � MOTION by Councilman Starwalt to adopt R�solution No. 36-1975, imposing Load Limits on public streets and highways in the City of Fridley. Seconded by Councilwoman Kuko�•fski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried , � unanimously. RESOLUTION td0. 37-1975 - IN OPPOSITION TO SENATE FILE ;EGARDING THE ISSUANCE OF V�r-�n�� rviiv� -- - - -- The City Manager indicated that the Administration had provided the information in the agenda and the major point of consideration would be that the City is in the liquor and wine business. MOTION by Councilman Starwalt to adopt Resolution No. 37-1975, in opposition to Senate file 436 regarding the issuance of off-sale wine iicenses to general food stores. Seconded by Coi.incilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 38-1975 - AUTHORIZING THE CITY ADMINISTR�TION TO APPLY FOR FUNDING FOR A WOMEN'S COUNSELING SERVICE THROUGN TNE COMPRENEPlSIUE �P�PLOYMENT TRAINING ACT, TITLE I: The City Manager explained the item had been brought back to the Counci] as directed at the previous meeting. He indicated that the original request for the program from the City had limited the City's involvement to providing space, now it had been determined that the program would need the City's sponsorship or the sporsor�hi� by another governmental agency. He said the first thing the Council would have to determine is whether the City government should become involved in this type of service. He mentioned the Community School program in the area and indicated that this program may be more controled through this service. The City Manager said if the Council would determine that they would want to sponsor such a program, they would have to determine �f total funding for the project or partial funding should be sought. He mentioned the City would be contributing the space, desks, and the telephone service. The City Manager said in working with Mrs. Grace Ly'nch, Human Relat9ons Committee, it had been proposed originally that the budget would be in the area of $19,000 and this would be for one fu11 time person and two pari time people. He said after consideration of the City Aministration, it is the feeling that the budget request would have to be in the area of �27>000 to cover the neeessary materials, training, etc. The City Manager informed the Council that there is a similar program being offered in NeN� Hope and their budget is $30,000. He said in this case the space is also provided. He reiterated the two questions for the Council to take action on at the present time. Mayor Nee said it was his understanding that the City would not make any contribution to the program in cash. He said he thought the only contribution of the City would be for space, desks, and some staff help. Mayor Nee said he did not think the application would be unreasonable to cover the cost of the necessary items. The C9ty Manager said he felt the $27,750 would be more in line with the needs of the other established program. He said funds enough for the program to be reasonably active should be sought. He said he would like to have funds enough to be able to hire a trained person. He said he would not want the service to the City to be minimal. Mrs. Grace Lynch addressed the Council and indicated the belief that the program could not be handled in the City of Fridley by the Community School program as it is in the New Hope area. She pointed out that there are four school districts in the City and it would be impossible to centralize the program for total effectiveness. Mrs. Lynch said she did not think it was an unreasonable request to ask the City for space. The City Manager said the program could not be restricted to those who live the closest to the location of the physical facility, but he indicated that those who do live in the immediate area would be able to readily obtain the service. The City Manager said the City would be responsible for checking the program to determine if the service met the goals of the program and the goals of the City in making the application for the funding. He pointed ou� that the North Suburban Youth Center had originally obtained Federal Funding and this had been discontinued and Coon Rapids is paying the majority of the costs for operation at the present time. � � � � � i . __ _ _ _ . _ . _ _ __. __ _ _ _ �-- ---, ; 11 . REGULAR COUNCIL P1EETING OF MARCH 3, 1975 PAGE 10 Councilman Fitzpatrick indicated that there are some County funds involved in the Youth Center, but the project is mainly funded by Coon Rapids. Mayor Nee said there was no present praposal that the City provide money for the cost of the project. Mr. Nick Garaffa said he would like to speak in favor of the proposed program. He indicated that there are persons who have not been employed before or have not been employed for a long period of time and it would be important that these persons obtain the reassurance that this type of program could offer. He said if a woman has not worked for ten to fifteen years, she would not know how to prepare a resume and some do not know how to �ill out an application blank. Ne said he hoped the Council would vote in favor of the proposal. Mayor Nee asked if the State Employment Service would cooperate in other areas for this type of service. Mrs. Lynch said the woman receives no satisfaction from the State Employment Service office. Mr. Peter Ilerlofsky, Administrative Assistant, recalled that he had contacted the State Employment _�rvice concerning this proposal and had been assured cooperation in every respect. He continued to explain that he then called another office of the service and was directed to call Mrs. Lynch because she was more familar with the program than this office. Mayor Nee said Anoka County is setting up an office in Columbia Heights and asked if this would duplicate this service. Mr. Herlofsky said he could not define what would be duplication in the employment counseling area. He said Mrs. Lynch had some very definite type of counseling in mind and this wou�cl be on a more personal basis. Mayor Nee said if the woman is making her first contact with the job market what type of reference would be given in other areas. Mrs. Lynch said the counseling o-�ould deal with the total woman, not just what kind of job she wants. She mentioned this may be to advise the woman what type of educational services are availab',e to her. She said that she had talked to women who had not worked for 27 years and some that had never worked. She said the State Employment Service is not geared to helping out this type of person, they t�rant the qualified person. She said the only thing they will hear at the State Employment service is that there are no jobs available for this tyne of person. Mayor Nee agreed with the statement•expressed by Mr. Garaffa that wor�an who return to the job market would return the tax dollar. He said he felt that there is an urgent need for this type of service in the community and he felt if the City did not apply, this would be established in another area and not to the benefit of the community. He stressed he did not think the service would cost the City money. MOTION by Councilman Fitzpatrick to adopt Resolution No. 38-1475 authorizing the Ctty Administration to apply for funding for a Women's Counseling Service through the Comprehensive Employment Training Act, Title I, and that the budqet be approved for application in the amount of $27,750. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: GENERAL 39141 - 39193 LIQUOR 9636 - 9642 MOTIOfd by Councilman Starwalt to pay i.he claims. Seconded by Councilman Breider.. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: CIGARETTE BY Metro 500, Inc. Metro 500, Inc. 5701 University Avenue N. E. Fridley The Fridley Fun Center T. L. Suggs 6440 University Avenue Fridley APPROVED BY Public Safety Director Public Safety Director ',�--� , . . FEE $12.00 $12.00 3 . ' � 4 i- � s , ; ' i LJ � � � �� REGULAR COUNCIL MEETING OF MARCN 3, 1975 SERVICE STATIOM BY Gustavson Grinding Floyd Gustavson 7410 01d Central Ave. N. E. APPROVED BY Deputy Fire Chief PAGE 11 FEE $30.00 MOTION by Councilman Starwalt to approve the Licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING REPORT FROM CITY ATTORP�EY CONCERNING ELECTION JUDGE REGULATIONS: The City Attorney said a memo had been submitted to the Council and he felt the memo spoke for itself. He said he had tried to prepare an ordinance and had done some research and had determined that no other communities had any such provisions. He said he was not sure what the Council had in mind in the direction to prepare such material for consideration. The City Attorney advised the Council that they did have the authority to adopt rules and regulations and he would be wi]ling to put the rules and regulations together, but he would need some guildelines from the Council. Mayor Nee directed the City Attorney to talk to Mrs. Helen Treuenfels to determine if her thoughts concerning this request could be expressed in this type of provision. COMMUNICATIONS: FRIDLEY POST OFFICE: COMMENDATION TO PUQLIC WORKS DEPARTMENT FOR OUTSTANDING JOB OF SNOW REMOVAL: MOTION by Councilman Starwalt to receive the communication from the Post Office commending the Public Works Depariment and dated February 24, 1975. Seconded by Council�roman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CHAMBER OF COMMERCE: SUPPORT SPRINGBROOK NATURE CEPlTER FOUNDAT?O�J: MOTION by Counciiman Fitzpatrick to receive the communication from the Fridley Chamber of Commerce insupport of the Springbrook Nature Center Foundation dated February 21, 1975. Seconded by Councilman Starwalt. Upon a voice vote, ai1 voting aye, �'�ayor Nee declared the motion carried unanimously. CONSIDERATIOfV OF ACTION Of COMMENDATIQN TQ FRIDLEY WRESTLING TEAP1: � Mayor P12e sa�d he had received a request that the City aid in the funding of a banque� for the Fridley tdrestling Team. After some discussion, it was determined that without a dollar figure to consider, the Council would like additional information concerning the aid in funding. � The City Attorney indicated if the request was not too large, this could be determined a civic expenditure. He thought this would be 7ega7. MOTION by Councilman Starwalt to direct t�e Administration to prepare a plaque or � certificate of achievement for the members of the Fridley �drestling team. Seconded by Council4��oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carreid unanimously. � � ADJOURNMENT: MOTION by Councilman areider to adjourn the meetin�. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Hee declared the motion carri�d unanimously and the Regular Meeting of the Fridley City Council of �1arch 3, 1975 adjourned at 10:24 P.M. Respectfully submitted, �� C�� �.�.,�, Pat Ranstrom Secretary to the City Council � Date Approved � , William J. Nee Mayor 0 � � � ; � �� l3 THE MINUTES OF THE PUBLIC HEARING MEETI6IG OF 7ME FRIDLEY CITY COUNCIL OF MARCH i0, 1975 The Public Hearing Meeting of the Fridley City Council of March 10, 1975 was called to order at 7:30 P.M. by Mayor (�ee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present at the meeting and invited them to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSEPJT Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee and Councilwoman Kukowski. Councilman Breider. Mayor hlee said Councilman Breider had asked that the people be notified that he was away on a business trip and there would be no action taken concerniny the matters in the first Ward until he is back. He said the hearing on the improvement projects wou7d be held that evening, but the Counci would not act on the Resolution to adopt the assessment rolls. ADOPTION OF AGENDA: ttayor Nee indicated that Councilman Fitzpatrick would like to add an item concerning the appointment of a representative to the Bikeway/Walkway Committee from the Third Ward. MOTION by Councilman Starwalt to adopt the agenda as amended with the appointment to the Bikeway/Walkway Committee. Seconded by Councilwoman Kul:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC NEARING ON FINAL PLAT P. S. #75-01, CENTRAL VIEW MANOR 2ND ADDITION, BY REALCO Mayor Nee explained the item which was to be discussed at the hearing. The Public Works Director said both of the hearings could be taken care of at once � since i;hey concerned the same proposal. He mentioned one to be a request for a replat and the other to be a request for rezoning of the same area. The Public 4Jorks Director explained the proposed replat and said the administration hatl advised that the property be repiatted rather than split. He also ment�oned if the lot were split, it would , create a legal �escription in meets and bounds a�hich would be lengthy. He said the rezoning request is from C-2S to Pr-1 and this action would allow Lot 2 to be all of the same type of zoning. Ne referred to the minutes of the Planning Commission meeting of January 22, 1975, and said the Commission had recommended approval with three stipulations. t�1r. Sobiech read the suggested stipulations. Mr. Sobiech said with � the first stipulationlisted in the minutes there should be a correction made to Lot 3 in the first stipulation. He mentioned the third stipulation necessary in the case that the property across the back lots may change hands in the future and there would be a need for the 30 foot easement to provide a driveway and sewer and water. � � � � � The Public Works Director also pointed out that the rezoning recommendation for approval was subject to the approval of the special use permit. He said this would be brought to the Council some time in the future. The Public Works Director indicated that the petitioner was willing to cooperate with the erosion control measures pointed out by the Rice Creek Watershed District for control of pollutants. He said there will be a sedamentation basin instalied and the petitioner is aware of this and is willing to comp]y with the stipulation. The Petitioner addressed the Council and indicated there wili be some rearranging of fi11 in the area w�th the construction. Councilman Starwalt asked if the creek is defined in the area. The Petitioner pointed out that it is not, there is just low land in this area. Councilman Starwalt said he felt the proposal would be an advantage to the whole area and would enhance the area. He said he thought this would make worthless land usable. � 14 PUBLIC HEARIN6 MEETING OF MARCH 10, 1975 PAGE 2 Mayor Nee asked the petitioner if there would be dismantling outside the fenced area. The Petitioner said there would not be. Mayor Nee asked if some agreement had been reached for the set back of the fence and the Public Works Director said not at the present time, they were currently working on such an agreement. He indicated that this would be contingent on what would happen to the property to the East and how it is developed. He indicated the fences would have to line up. Mayor Nee asked if the planting strip had been taken care of and the Public Works Director said there had been an agreement reached on this aspect. Mr. Sobiech saicl the petitianer agrees in principle. Mayor Nee aksed if there was any comments from the audience or Council. Councilman Starwalt mentioned he felt the ap.plicant had been working with the City and he felt this would be a good proposal if there is no oil allowed to go into the Creek. The Petitioner said this is also one of his concerns and there was no prob- lem in the stipulation for the proper measures to prevent this. The City Manager said within the special use permit, a number of stipulations could be placed on thP permit. He said this would enform the applicant of what the City expects in the -��ne of landscaping and aesthetic treatment. l;e said the areas where the property would be improved could be listed. MOTION by Councilman Starwalt to close the Public Hearing on the proposed plat. Seconded by Councilwoman Kukowski. Upon a voice vote, all�voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing clased at 8:03. MOTION by Councilv�oman Kukowski to close the Public Hearing on the rezoning request. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:04 P.M. PUBLIC HEARING ON REZONING REQUEST ZOA #74-05; BY RAO MANUFACTURING COMPA�IY TO REZONE FROM C-2S TO M-l; THE SAME BEIMG 200 MISSISSIPPI.STREET N. E.: The Public Works Director said the rezoning would provide the entire parcel with the same zoning. Mr. Sobiech placed the plan for the parcel on the easei. He said the applicant is requesting to rezone 275 feet of the property from C-2S to M-1 to correspond with the property to the west of it. He said the building was proposed to be constructed in the center of tbe parcel. He mentioned as proposed, the building would require a variance in the set back from 100 feet to 70 feet on the portion of the property ta the south where the parcel a�uts residential zoning. The Public Works Director said Mr. Olson was present at the meeting to answer any of the Council's questions. Mayor Nee advised Mr. Olson that the Ward Councilman was not present at the meeting. Mayor Nee explained that he had talked to Councilman Breider concerning the proposal and he is in agreement with it.. Councilman Starwalt asked the applicant if the underpass construction wouid hem in the development of the property. The Petitioner replied that they were aware of the construction of the underpass before the purchase of the property, and the property suits their purposes with the construction of the underpass. Councilman Starwalt asked if there were any further questions concerning the noise of the type of manufacturing. The Public Works Director said he felt this to be all settled. He mentioned that there had been some question at the Planning Commission � level on the subject. The Public Works Director explained thatthe building would be constructed so that the manufacturing area is in the center of the bu�lding and the permiter of the building would be storage. He said this will allo�•r for a buffer - for the noise. Mayor Nee asked how much investment would be involved on the parcel, and how many people would be employed. The applicant answered that presently their operation employees approzimately 40 people and had employed up to 50 last year when business was better. He explained the total investment would be approximately $700,000 with the building to be in the area of $250,000. He explained the other costs would be for landscaping and rough grading. Ne ment�oned that there would be extensive excavating work. Mayor Nee asked Councilman Fitzpatrick if he had any questions concerning the proposal. Councilman Fitzpatrick said he was on the Planning Commission when the item had been discussed by them. He said he had no questions. � I r r r � I � � � i� ; 15 PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 3 The applicant explained the manufacturing pl�t would do sheet metal stamping, deep die sheet metal stamping, assembly, tool and die work, and engineering that would relate to ��e stamping projects. Questions concerning the noise levels were raised by residents of the area. The applicant said he would like to control the noise irside the building and this tiaould control the noise on the outside of the buiiding. Ne aiso pointed out that it would be possible to take some measures beneath the equipment in the soil. He mentioned that this had been done at their current site and had worked to eliminate the vibrations and noise. Mayor Nee said he hoped the people would keep in mind that this location is right next to the railroad tracks. The City Manager said there had been quite a bit of discussion on the noise and � vi6ration matter at the Planning Commission level. He felt this to be an impor±ant factor in this proposal. The City Manager said the applicant had agreed to meet the standards set out by the City. He said if there would be any vibrations or noise that go beyond the property, there would �ave to be the proper measures taKen to allev- iate this problem. MOTION by Councilman Starwalt to ciose the Public Heari��g. Seconded by Councilwoman Kukowski. Upon a voice vote, all voiing aye, Mayor �'ee declared the motion carried unanimously and the Public Flearing closed at 8:19 P.M. BLIC NEARING ON FINAL ASSESSMENT RCLL FOR STREET IMPROVEh�EPiT PRCJECT ST. 197?- Mayor 'dee explained that the assessment roll prepared is being proposed by the administration andthe method of assessment had been established by a policy of the City and had been fo11o���ed for marymany years. tie er,pieineu the �xrpose of the Public Hearing is to hear the people's comments, «dvise tnem on the projact znd receive their comments on whether the assessment is fair and provide self satisfaction to the people in the assessment area. Mayor Nee said some of the improvements had been �etitioned for, some had been determined necessary by the Council and some recommended by the Administration. Mayor Nee recalled that there had been a preliminary hear�ng where estimates of the costs of the project were given. He sa�id at that time the Council had d�termine� that the project was necessary through discussion with the people and th� City had prcceeded to corstruct the improvement. Maycr Nee said at the present �ine, the exact prices of the projects are knewn. Mayor PJee said the Councii �riould iike to hear all of the remarks on the project;s. Mayor Nee informed the people of the area that the First Ward Councilman, Councilman Breider, was out of town on a business trip, but he wouid listen to the tape of the meet�ng. Mayor n!ee asked if a]1 who ��ished to comment laould state their name and address for the benefit of the s.ecretary. The Public Nlorks Director indicated that the preliminary estimate provided at the improvement hearing were in most cases slightly lewer or abou* the same as the final assessment figure. Mr. Sobiech continued to explain that the bituminus costs had tripled and �chis had caused an increase in some cases. Ne explained that ti�e City plans for a 1Q% to 15;o increase �rith type of inflation, but this t�ad exceeded this figure. P4r. Sot,iecfi informed the Council that the contract cost was $197,214 with the 310 tons of bituminus mix. The Public Works Director said the cost had risen from $36 to $92 a ton and this was a determining factor in arrivirr, at the increased contract price. He continued to state that in the past the increase had been from 3% to 10% and this would have made the project from Sla,C00 to $20,0^0 less costly. SQUIRE DRIVE, DANA COURT, CAMELOT LANE, AND ARTFiUR STREET: The Public Works Director explained i:hat the estimated price for this area had been $11.87 per front foot artd the final assessment would be $11.C5 per feot. Mayor tdee pointed out that the area being discussed was on the map on the_screen. He asked if there were any comments from the people of tne area. ^1r. David Harris said he would like to make some comments on the project, but vrould rather wait until the remainder of the project is discussed. ' The Public Works Director said the curbing had not been installed on the west side of Arthur Street. He indicated this to be a designated State Aid Road and would be completed to these standards in the future. He said the assessments in this area would be $6.05 per foot. 16 PUBLIC HEARING MEETING OF MARCH 1�, 1975 . PAGE 4 Mr. Dave Harris asked if the assessment of the ar�a, �11.05, was complete when there had only been one mat installed. The Public Works Director said the final mat would be picked up by State Aid funds. Mr. Harris asked if this would be done at the time that the other curbing is ins+_alled on the west side of Arthur Street. The Public works Director agreed with this comment. Mr. Harris asked if there would be a charge to the property owner at this time and Mr. Sobiech said there would be no charge later. Councilman Starwalt asked if the people residing on the west side of Arthur Street would be assessed for this in the future. The Public Works Director indicated the people on the west side �aould be assessed a normal residential price at that time. He indicated there may be an increase due to inflation. 73'2 AV[NUE: The Pub7ic Works Director pointed out that this was a commercial or industrial standard street and the estimated price had been $13.04 versus the final assessment price of $14.02. Mayor Nee asked if anyone present had any questions and there was no response. BACON DRIVE: The Public Works Director explained that the road was 31 feet, with face to face concrete curb and gutter the black topped. He indicated the final assessment to be $15.63 versus the estimated price of 517.24 per foot: He explained the street had been constructed from a rough graded area and there was extensive grading and cleaning and grubbing. He said the easements were not as extensive as had been originally thought and this was less expensive than the estimated price. Mayor Nee asked if there was anyone present who wished to comment concerning the Bacon Drive improvement and there was no response. Councilman Starwalt indicated that this had been a difficuli Street to work with, but there was no adverse comments at the present time. Councilman Starwalt said the people of the area worked very closely with the City. Mr. Dennis Czecj, 1395 Onandaga, Lot 8, asked what his assessment was at this time and the Finance Director said it would be $228. Mr, Czech asked how the assessments are figured o:�Onandaga and the Finance Director said this had been done by follcv�irg the method that has been City policy for 15 years. Mr. Czech said he could not see where the construction of Bacon Drive had enhanced his property. The Finance Director said everyone in the City would be paying a side yard assessment unless they live in a very unusual area. Mayor Nee commented that the City had established this policy to get the side street;s developed. He further explained if the corner lot had to pay the entire cost these people would say they don't want side streets. Mayor Nee said this type of policy is a fairly typical means of sharing the cost of the side street development. He also mentioned if this was not done, there would be a question of t-�hether the side streets are of value to anyone in the City. Mayor Nee said there is always a problem of people trying to determine the ownership of the streets in front of a home. Mayor Nee said the City really does need the side streets and if there is an objection to the assessment, the property owner would have no recourse but to make a formal objection at the present time and provide the court with this claim. Mayor Nee called on the City Attorney to explain this procedure. The City Attorney explained that anyone who is assessed has the right to appeal this if they feel the amount of the assessment is greater than the benefit to the property. . He advised those present that this would have to be done at Anoka Lounty and within 20 days after the passaqe of the Resolution adopting the final assessment roll. The city Attorney further advised the people that this'must be done in writting and filed with the Court. He said the procedure indicated within the discussion would only be very general and would not be adequate information for filing such a claim. Ne said if it is not submitted properly, the claim would be lost. Mr. Czech asked when this 20 day time limit would begin. The City Attorney said this would be 20 days after the Council adopted the final assessment roll by resolution. He said he did not think this would be at the present meeting, but may be the following Monday evening. I`—�. . � � 1? PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 5 Mr. Raymond Buechele, 1425 Onandaga, asked the ameunt of his assessment and the Finance Director said this would be $242.25 for the 85 foot lot. Mayor Nee asked if anyone else wished to comment on Qacon�rive and there was no response. SUNRISE DRIVE AND RAIfdBOW DRIVE: . The Publ9c Works Director said the final assessment rate would be $8.49 versus the estimated cost of $7.94 per foot. He said the assessment was for the construction of a 36 foot black top roadway with concrete curb and gutter, back to back. Mayor Nee asked if there were any comments and there was no response. 5TH STREET: The Public Works Director informed the Council that the final assessment would be 515.40 per foot versus the estimated cost of $15.60. Ne indicated that this construction was somewhat more because of the formirg of the existing land to the proper grade. He said the construction consisted of concrete curb and gutter and a 36 foot black top street. Mayor Nee asked if ihere was anyone present from this area and there was no �esponse. Mayor Nee asked if there was anyone present from the Wall Corporation and there was no response. H AVENUE AND 7TH STREET (67iH AVE�IU[ IO 6uTFl A'JEP!UE): The Public k'orks Director explained that the final assessment a�ould be $1?.91 per foot and the estimated cost had been $11.29. The improvement consists of concrete curb and gutter with a 36 foot black top street. He said the cost had been increased because of the cost of the bicuminus mix and �lse because of the amount of nrading that had to take place to obtain the proper drainage. He said the grade called for extensive restorative work in this area. A resident of the area questioned the use of the yel�ow marking on the map on the screen and its meaning. The City Manager explained that ihis was the p;^aposed alternate assessment for the side yard assessment. Ne continued to explain that at the public hearing on the improvement it had been questioned vrhether the people residing on the northv�est of Rice Creek Terrace use 7th Street and 68th Street for access to this area. He said it had been questioned if they shouid share the cost or the i^�provement because of this. He explained that the basic policy of the City in the past has been to only assess the one side of the street for side yard assessments. He said it would be the Council's prerogative to assess on the north side of the Rice Creek 7er�°ace if they feel the people are ben�fited. He explained that two assessment rolls had been prepared because the Council had directed the Administratien to prepare the alternate roll at the time the improvement was ordered. Ne said the problem arose because the people on the nerth side would not be assessed for the side yarc� because of the location of the alley. He indicated that they would not be paying any side yard assessment in the area under the present policy. Ne again stated that the Council would f�ave to decide if it wouid be justifiable to assess both sides. He said in the past, the City had not assessed both sides. 1 Mr. John fink, 465 Rice Creek Terrace, addressed the Council and said what had been done by the�ouncil far �5 years would not be done �f the alternate roll is adopted. Mr. Fink explained that his wife had come to City Hall to check on the assessment and had been advised that the assessment would only be spread one half the way � down the block. Mr. Fink mentioned the fact that if there was a change in policy and there was anything done to the other streets in the area, thev could be assessed again. Mr. Fink said he thought the alterriate roll would be inequitable. He thought , this would allow for the potential of being assessed in the future. � Mr. Paul Dannenberg, 315 Rice Creek Terrace said he opposed the assessment as indicated in the alternate roll. Mr. Dannenberg continued to comment that he had iived in the area since 1960 and had had to go out and find ,•�here 6Eth Street was. He also informed the Council that he uses the Red Owl Parking lot for access. He � said the Police and Fire Department cannot use 68th Street for access to the . area. He also mentioned that when 4th was improved, tlie assessment was not spread up the street. Mr. Dannenberg said he strongly protested the alternate roll. � Mr. Quentine Freeburg, 301 Rice Creek Terrace, said he would like to reiterate the � ���. 18 PUBLIC HEARING MEETING OF MARCH 1�, 1975 PAGE 6 previous statement by indicating that a precedent would be set by the ado�tion of"the- alternate roll if the people all the way down the street on Rice Creek Terrace would be assessed. He said he felt this would be an inequitable assessment for this area. Mr. Larry Jodsaas, 347 Rice Creek Terrace, said he also feli this would be inequitable. Councilman Fitzpatrick said he felt there u�ere two problems with the alternate roll, whether it should be on both sides of the street and whether it should go al1 the way down the block. He indicated that he thought that the alternate roll was to be prepared to only one half of the way. Mayor Nee asked why the alternate roll was prepared to go this far. Mr. Mervin Herrmann, Assessor, said the people of the area had been notified because of the possibility that the Council may want to adopt the roll to be extended this far. He indicated that if this would be adopted, the legal requirements of the notice woul.d be fulfilled. Mayor Nee questioned the amount of the assessment if the side yard assessment were stopped at the point. where the red had been indicated on the r;ap for the other assess- ment roll. Councilman Starwalt asked if the alternate roll is not used, the property owners abutting the yellow mark would not be assessed. He asked if the original roll would be adopted, would the assessment amo�nt be $2.36 per fo^t and if the alternate e roli adopted, the assessment would be �1.30 per foot. The A�sessor said this was correct. Mr. Herrmann continued to comment that this would be the amount if the assessment were carried all the way to University, but if it was cut off at some other point, this amount would change. MCKINLEY STREET: The Public Works Director indicated that the final assessment cost would be $14.80 as compared to the esti;mated price of �15.63. He said this would be a 36 foot black top street with concrete curb and gutter. Mr. Sobiech said the storm sewer had been installed in conjunction with the street improvement project. Mayor Nee asked if there were any comments concerning this area. Councilman Starwalt said he is always curious vrhether the people of the area are satisfied with the street. He mentioned the hardships that are brought to the people during the construction period and guestioned why no comments are made by the people concerning the quality of the construction. Mrs. Janet Rudnitski, 658 77th Avenue N. E., questioned if the final assessment would be $14.80. She further cor�nented that she thought this was a beautiful street and she sure likes the street light in back. She thanked the members of the Council. 78TH �VENUE: The Public Works Director said the final assessment would be $40.68 versus the estimated cost of $48.05. He said it should be pointed out that this is a commercial or industrial black top road and is 40 feet wide with concret� curb and gutter. Mayor Nee asked if there was anyone present from this area and there was no response. Councilman Starwalt questioned why the industrial area had the higher price. The Public Works Director indicated that an additional reason for this assessment being so high would be that a very sma11 area could be assessed for the improvement. He \ commented only 350 feet was assessable. ' Councilman Starwalt commented that an extensive project in a small area is very costly. The City Mana�er indicated that the standards and specifications on this type of road- way would be much higher contributing to the increase in cost also. He added, the roadway would have to bear heavy truck traffic. ALLEY (BETWEEN MAIP� AND ELM STREETS}: The Public Works Director commented that the cost of the assessment in this area would be $6.88 compared to the estimated price of $4.81. He pointed out that there had been some problems with the property abutting the improvement and a retai�in� wall had to be installed to save the house. He said with the addition of the attempt to save some trees along with the concern for the house, this assessment cost ran up some. • Mr. Richard Harris, 6200 Riverview Terrace, (Lots 21, 22, and 23) admonished the administration for placing the curb cut in the Hrrong place. He said this had to be removed with .a� new one added. He questioned who would pay the cost for this error. Mr. Harris asked if the assessment of $6.88 covered the cost of the retaining wall and the Public Works Director said yes. . l9 PUBLIC HEARING MEETING OF MARCH 10, 1975 ' PAGE 7 Mr. Harris continued to comment that he thought there was very poor communication with the engineering department also very poor planning. He said he would like to know who had authorized the coi�struction of the retaining wall. He asked if this had been mentioned in the plans at the time of the preliminary hearing. Mayor Nee asked if the wall nad been a part of the original proceedings on this improvement and the Public 4lorks Director said yes. Mr. Harris said he had asked the contractor of tha retainirig wall hOYJ much he was being paid for the construction and he recalled he had been told the cost veas in the area of $6,800. He asked the Public Works Director if he had the figures on this construction. Mr. Harris stated that the fill had not been taken out by the contractor, the abutting property own�rs had to do this. Mayor Nee asked Mr. Harris if he Hl�s suggesting that the cost of the �rrall be removed, from the assessment. t4r. Harris ans��ered that he �iould feel beter about this if it were. Mr. Harris commented that if the Administration thought that this is something that I�ad to be done, the peopl� shoul� have been notified. He said there are oniy six to eight property ovm ers on the block. The Public Works Director indicated he had the final figures on the cost of the retaining wall. He mentioned �he wall is 751 square feet for a co � of �2,631.30. The Public works Director pointed out that the wall construction was necessary because of the existing house. He said in order to save the house, the wall had to be constructed from four to five feet froin the structure. i•�ycr Nee referred to the corr�nents concerning the trees being hauled away and asked if the Public Works Director if he had krowledge of this. P1ayor ivee asked if the contractor had not done his job. The Public Works Director said t"e contractor was trying to compl�te the portion of the projec� in the cen�ter of the City within the residential areas first. He said it was going to be done, but th-is area ��as to be left until the other area was completed. He further commented that PACO was anxious to do some work and had taken the trees out. Pr�r. Sobiecii said if the fill would have been removed by the contractor, this would have showed up in the price of the project. P4ayor Nee asked the City ,4ttorney to comment on the current lecislatior� that would allow the perscns in the area over 65 tc defer the ass�ssment. Mayor f;ee said , • this would be an aid to the persons in the City t�rho would have a difficult time meeting ihe cost of the assessment. The City Attorrey advised theCouncil that at the last session of the Legislature, � they ha.d appr•oved the deferment of the assessments for persons over 65 who have an economic hardship. He added, it dealt witl� storm sew2r projects, bu� the v,�ordii�g is such that it appears all special assessments could be defered. The Cfty Attorney said he was not aware of an opinion from the Attorne� General on this, but sir,ce it � had been adopted, it would be possible for persons over 55 to make applicatio�i for this type of deferment i:hrough *he {lnoka County officials. He said the apGlication could be provided to the City Council and i:he interest ca.n be set with the assessr^ents and this could be defered un±ilthe person over 65 no longer resides at the location of the hor:�estead. He added, 4ahen the person dies or meves frcm the property, the assess- � ment p]us the interest woutd become due. He said he did not know if the County had the necessary blanks for this procedure at the present time because the newness of the program. � Mayor Nee said if aryone in the neighborhood knows of such a burden on persons over: 65, they should instruct Lhem to contact City Hall for the details on this type of deferment. D9ayor Nee said he would not want tile Council to take action on the assess- ment roll tl;at would put the senior citizens out of their homes. 11 � I r � Mayor Nee asked if there w�re any more comments on the project. Mr. Darrel Wolf, 6446 Arthur Street, asked why Arthur Street had not been com�leted at this time. The Public Works Director explair.ed that originallv, the area was to have an underground storm sewer which vrould drain into Rice Creek. Ne said this piping would have been along Arthur Street. Mr. Sobiech continued to explain that with the development �n the area and the creation of the outfal] and the initiation of Project #114, certain piping and ponding was constr�.acted east of Arthur Street. The Public Works Director mentioned that with discussions with the Rice Creek Water- shed District, it had been determined that their rules and regulations wiil no longer allow direct outfall into Rice Creek. With these regulations, it would not be possible to construct the p�ping to the Creek on ArtFur Street. Mr. Sobiech said the City had to prepare an alternate plan with the drainage into Moore Lake. � �u PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 8 Mr. Sobiech said this was the creation of the piping and ponding ditch system to moore Lake. He mentioned there will be additional construction on the project and at that time, the final improvements will be made on Arthur Street. Mayor Nee asked how long this would be. The Public Works Director said the City is discussing the piping ponding system. Mayor Nee asked if this may be in the next year. The Public Works Director said this could be next year. Counsilman Starwalt questioned mentioning it may be the following year and said it could also take from three to five years. The Public Works Director said he could not say, but would like this system completed as soon as possible. H�nentioned this would keep the cost do,v�. The City Manager pointed out on the map that there is the possibility of the installation af another roadway in the area. He also mentioned being this is a State Aid road, the only cost that would be assessed to theproperty oHm ers would be the curbing, all other costs would be picked up by State Aid funds. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Couniclman Starwalt. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously and the Public Hearing closed at 9:04 P.P1. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR SFREET IP1PROVEMENT PROJECT ST. 1974-2: AND RECEIVING COMMUNICATION IN OPPOSITION FROM HAROLD L. SULLIVAN AND GEORGE MEISSNER: ` MOTION by Councilman Fitzpatrick to receive the communications from Mr. Harold L. Sullivan and Mr. George bieissner opposing the assessment roll. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7TH STREET: MISSISSIPPI STREET TO 67TH AVENUE: The Public Works Director advised the Counci� that this was a State Aid Street and the assessments would only be the normal reside�zial rate. He indicat�ci that this amount is determined by the average cost of the projects within the past year and the rate had been calculated at $12.91 per front foot. In the commercial areas, the assessment would cover the construction costs a.t a figure of $28.12. He mentioned that the commercial areas do not have the State Aid rate. Mr. Jim Thayer, 377 66th Avenue, addressed the Council and questioned why a portion of the road had been constructed to the 50 foot width. The Public Works Director said this would allow for some modification in the future. Mr. Thayer mentioned when the street is plowed, the snow hits one man's house. Mr. Thayer said no one knew the street was going to be this wide. Mr. Thayer said obviously, this was not in the original plan. He mentioned that the markers had been placed at the narrower point and moved later. He said he thought this had been an after thought and a poor one. Mr. Thayer asked what his assessments for the project would be and the Finance Director said $189.Q0. The Finance Director said the cost would be greater if the roll would be figured with less footage. Mayor Nee asked if this portion of the added width of the roadway was in the plan -` when it was approved by the �ouncil. The City Manager said this was a State Aid road and this had been planned because of the traffic load. He said the additional width will al}eviate the problems of traffic at the intersection. He mentio�n?d the City did have the right of way and the dimensions were needed. He said after the creation of the wider roadway, there is still eiqht feet of boulevard in this area , and the normal boulevard is seven feet. He mentioned that the snow may be pushed into private property, but his is done all over. Mr. Rodney Middiestadt, 495 66th Avenue, asked why the corner lots are assessed at a higher rate. He asked if the State is funding the project, why are the assessments over $12.00 per foot. Mayor Nee explained that on the State Aid roads the assessment is figured by computing the average cost of the assessments of the year. He explained that the corner lot is only assessed for 1/3 of the footage with the other 2/3's being spread down the street. Mr. Herrmann, Assessor, said the actual cost of the project is $28.12 per foot. Mr. George Meissner, 373 Mississippi St. N. [., addressed the Council and indicated he had Written the letter that had been received by the Council earlier in the ' �"'�, meeting. He said he was not able to attend the initial hearing, but he said the City ; zl. PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 9 had indicated that he would not be included in the assessment roll. Mr. Meissner referred to the minutes of the meeting at the hearing and quoted a remark from the minutes made by foriner Mayor Liebl indicatirig the City's policy was to spread the assessment one half the way down the street and that this policy would not be waived. Mr. Meissner referred to the benefit of the improvement and said it would only increase the traffic of the area if anythina. He believed this additionai traffic flow to be detrimental to his property. He mentioned he had talked to a realtor concerning this aspect and he affirmed his view. Mayor Nee said the resolution to adopt the assessment roll would not be acted on at the current meeting. He said this would allow for the people of the area to converse with Councilman Breider. Mrs. Marion Klous, 370 66th Avenue asked if 5th from 66th to 67th had been assessed. P1ayor Nee said this had been done by the High�•ray Department. He again mentioned that Councilman Breider felt that these people would never be getting the side yard assessment. Mr. Dona]d Hinz, 372 66th Avenue, indicated that he had been under the same impression expressed by Mr. Thayer, h1r. Hinz said he was beyond the half way mark on the street and he was under the impression that the assessment would only be spread one half way. Mr. Roger Harmon, 388 66th Avenue, asked if the point of consideration of equal benefit had been reviewed. Ne said he would favor the payment by all those under the yellow marking being assessed. He thought all benefiting should be included in the assessment. Ms. Margaret Johnson, 374 66th Avenue> said she favored the assessments going one haif the way on t`e west side. Mr. Dale P4aus, 490 67th Avenue, said there are many peop7e that benefit from the construction of the street. He indicated all use the street for access into this area. Ne mentioned that the construction had been very well done. He said that there is some oroblems with the snow up in the yards. He said there is a lot of benefit from ihe street and more than what is being assessed. He said he felt that everyone in the area uses the streets and he thought this would be a reasonable assessment for the'�peopie that do use the access. Mayor Nee asked if anyone else wished to comment on this portion of the project. There was no response. 79TH AVENUE (APPROXIMATELY 140 FEET WEST OF BEECH STREET TO BURLINGTON NORTHERN RAILWAY RIGHT/OF/WAY : The Public Works Director said the finai assessment in this area would be �31.88 per foot. Mayor Nee asked if anyone was present to make comments on this area and there was no response. Mayor Nee questioned the members of the Council on their views concerning the closing of the hearing. He thought, possibily, this discussion should be kept open, but questioned if all those wishing to comment had done so. Councilman Starwalt said he felt if there may be probiems, the hearing should remain open. Council�ioman Kukowski said she felt it would be better if the hearing was left open. MOTION by Councilman Starwalt to continued the Public Hearing on St. 1974-2. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Ma,yor Nee declared the motion carried unanimously and the Public Hearing was continued ai 9:35 P.M. PUBLIC HEARIPJG ON FINAL ASSESSMENT ROLL FOR STREET IMPROVEME�IT PROJECT ST. 1974-4: MISSISSIPPI STREET: CENTRAL AVENUE TO STINSON BOULEVARD: The Public Works Director pointed out that the estimate at the preliminary heari.ng had been $]4.41 per foot and through negotiations with Anoka County, it resulted in the County taking over Mississippi on this project as a County road. He indicated the total cost of the project to be $147,032.50 with the County picking up �114,923.55. ' He explained that this would result in a final assessment of $3.77 for the curb area and $5.53 for the areas with sidewalk. He indicated that the sidewalk was only being assessed to the property owners on the north side of the street. The Public Works Director explained that it is the policy that when the County improves a street e GG PUBLIC HEARING MEETING Of MARCH 10, 1975 PAGE 10 that only the curb and sidewalk are assessed to the property owners. The County picks up the cost of the street improvement. Mayor Nee asked if there was anyone present who had any questions. Mr. Arlon Haupert, 6524 Anoka Street, addressed the Council and said he did not object to the construction of the sidewalk in the area. He indicated with the improvement of the �reet, there is a need for the sidewalk because of the amount of traffic and its speed in the area. He mentioned the people would have to be off of street. Mr. Haupert further commented that the people onthe south side of the street are receiving the most benefit of anyone in the area. t�r. Haupert said he felt the property owners on the north side of the street had been treated unfairly. He mentioned that with the construction of the sidewaTk, there is no off street parking avatilable to those abutting Mississippi Street. He felt this created a hardship for the property otivners to the north. Fle indicated' he did not feel that there is one property owner that was benefiting from the improvement, and quite the opposite, the improvement would decrease the value of their property. Mr. Haupert mentioned that there is a problem in the access of the alley. He pointed out that when the sidewalk is plowed, it closes off the alley access. He asked if there could be some type of policy on the plowing of the sidewalks. Ne said the pTow that is being used by the City just pushes the snow ahead of it until the plow comes to an opening such as an a11ey or driveway and it fills up the opening. Mr. Naupert read from a copy of the Fridley Sun indicating the construction of the sidewalk would not be assessed to the property owners. Mr. Haupert said he did not belive the safety factor was relevant as a benefit to the people being assessed for the sidewalk. He said the sidewaik is very necessary, but his opposition was that why was he being assessed for the sidewalk when there is no benefit. The City Manager explained that the people of the aera had not been assessed for the construction of the street as had been done in other areas. He reiterated the policy on the construction of streets that are under the County direction. He pointed out that the people were only being assessed for the sidewalk and on ly bne half of the cost of the curbing. He said the traffic in the area necessitated the construction of the side- walk. He mentioned with the cooperation of the County, it had beenpossible for this area to be designated a County Street from Central to Stinson Boulevard and resulted in an assessment for the people in the area of $5.53 for sidewalks, $3.77 for curb, rather than $14.00 per foot. He said this is less than one half of the cost the people living on the other streets in Fridley are paying. Mayor Nee commented that the people would be paying �5.00 for the sidewalk and would be given a road free. Mr. Haupert said he felt this to be an inconsistancy. He mentioned that the City had notified the people that this would be a State Aid Roadway and they had changed the plan and made this an uncomparable alternative. Mayor Nee pointed out that the comparable thing would be an assessment for $12.OQ. Mayor Nee said at the previous notice to the people in this area, it had been indicated that the sidewalks would not be assessed. Mr. Nick Garaffa, 6750 Monroe, indicated that the former Mayor Liebl had indicated ta the people that this would be a State Aid Road and the sidewalk would not be assessed to the people of the area. The City Manager indicated that when this statement had been made, the road was State Aid at the time. He said it is the City policy to assess the normal residential rate for State Aid r.oads and not assess the sidewalks. He mentioned this would be $14.41 versus the proposed assessment of $5.53. The City Manager said it would be possible to put any title on the proposed assessment, but this is a very reduced cost to the people of the area. Mr. Haupert questioned if the people of the area should have been notified when there was a change from the State Aid Street to the County Road. The Gity Manager pointed out that the people had been told that their assessment would be $14.41 and now it would only be $5.53 for sidewalks and �3.77 for curb. Mr. Haupert said it had been changed to a County Road. The City Manager indicated that the County status allowed for the reduction of the assessments to the people in the area. He said whether the improvement would be State or County, the improvement specifications had not been changed. He said the only change would be that the road was not being assessed to the property owners. Mr. Thomas Haaen, 1�479 Mississippi Street, said he f"elt there should be another Public Hearing, the plans had been changed. He mentioned the people of the area had been told that they were to get the sidewalk free. He mentioned that the people of the area were agreeable to receive the sidewalk free, but 1:hey were not willing to pay for it. �: � ; � - � , r � � , � �l r PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 11 Mr. Haupert said he thought this should have been explained to the people. He said before the project was started, this should have been explained to the people who live in the area. The City Attorney advised the Council that he did not feel it was necessary to notify the people if the assessment were to be a lesser amount. He indicated that the plans for the improvement had not changed since the time of the original improvement hearing. He said he did not think there would be any legal problem in this action of the Council. The City Attorney said he felt that it was a substantial benefit to the people of the aera that this be developed as a County Road. The City Attorney said he was not persuaded by the statements made. Mr. Alvin Flanders, 6501 Anoka Street, indicated he had lost three feet of his property and had been compensated $1 for this by the City. Mayor Nee asked if this was the usual practice of the City. Mr. Flanders indicated that he agreed to this acquistion at the time of the request by the City. The Pubiic Works Director explained that the City had to acquire the right of way from five people in the area on the north side of the street. He said the City staff had approached the people a�d they agreed to the acquisition of the easemen-�. The Public Works Director indicated that the sidEwalk wa• constructed on this easement. 1 Mr. Janiak, 1479 Mississippi Street, questioned in other areas there is a stamp placed in the sidewalk indicating the contractor of the project. He asked why this was not done in this case. The City Manager said the City retains all the information on the contract and contractor within its files. The City Manager explained if the people had any problems they should call City Hall. CJ � � � �i J � t�ir. Roger Gleason, 6535 Arthur Street, said he is not opposed to the sidewalk. He voiced the objection'to the fact that the City does not plow the alley. He also voiced concern because the people of the area had to shovel the alley and the County comes along and plows it closed when plawing the streets and also that the sidewalk snow plow closes the a11ey. He asked if there may be scmething that cou�d be done about this. Mr. Gleason also indicated that access to Mississippi Street is very dangerous. he said he had cal]ed City Ha17 many times and had been told that there is nothing that could be done about this. He questioned why they keep being plowed back in. Councilman Starwalt said he had been in the area, he was aware of t he problems and could not prornise any relief. Councilman Starwalt said perhaps if there is better equipment, a better job could be done. He mentioned that the alley situation is a different matter than the topic of the hearing> the street and sitlewalk. Mayor Nee informed the residents that if they petition for the improvement, the alley can be paved. Mr. Gleason said not all of the people use the alley. MOTION by Councilman Starwait to ciose the pubiic hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor ^!ee d2clared the mction carried unanimously and the Public Hearing closed at 10:17 P.M. PUBLIC HEARING ON FINAL ASSESSP1ENT ROLL FOR SEWER, WATER AND STORM SEWEP. IMPROVEMENT PROJECT PJO. 114.: WATER AND SEWER LATERALS AND SERVICES ON MCKINLEY STREET: 1 The Public Works Director listed the�rices for the improvement as follows: front foot assessment rate for water lateral is $11.05 per foot, the front foot assessment rate for sewer lateral is $9.99 per foot, water service at $21?.05 per service and j sewer services at �289.12 per service. ' � i The Public Works Director said the estimate at the preliminary hearing had been �13.27 for the sewer and water lateral had been $13.27. Mayor Nee asked if there were any questions or comments from the audience and there was no comments. . 23 'L4 PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 12 �` WATER AND SEWER LATERALS AND SERVICES IN THE HARRIS LAKE ESTATES ADDITIQN AND ADJACENT PROPERTIES: The Public Works Director listed the assessments in this area to be as follows: front foot assessment rate for water lateral is $9.55 per foot, the front foot assessment for setver lateral is $9.59 per foot, water service at $200.69 �er service and sewer services for �299.17 per service. He mentioned the estimates for this area had been $9.54 for the water, $9.50 for the sewer, $200 for the v�ater services and $300 for the sewer services. Mr. Dave Harris said he would make some comments after the presentation of the remainder of the area. _ STORM SEtdER (AREA BOUNDED BY 66TH AVENUE ON THE NORTH 61ST AV'ENUE ON THE SOUTH, ARTHUR STREET AND KEkRY LAPIE Otd THE t�lEST, AND STINSON BOULEVARD ON THE EAST: He listed the prices for the four different areas as: $1.12 for Area A, $2.73 for Area B and Area C, and �6.49 for area E. Mr. Dennis Schneider, 6190 Stinson Qoulevard, addressed the Council and indicated that he did not believe the lake had been created for the benefit of the entire area. He said he believed the storm sewer only benefited the people who live on the lake and the developer. Mr, Schneider indicated he believed the City may have proceeded illegally in going ahead with this project. Mr. Schneider continued his presentation by referring to State Laws 105.37 Subdivision 6 and questioned by this section if the project had been created to be beneficial to the public. He also read item C, Subdivision 7, and Section 105.38, Section l. Mr. Schneider next referred to Section 105.42 and questioned if the City was acting lawfully in the area of public water. He mentioned it would be unlawful to make a change in any dam, reservation or any public �•aaters. He indicated this would include filling an excavation. He said this cannot be done without written permission of the Commissioner or someone authorized by him. Mr. Schneider referred the Council's atten- tion to the map on the screen and indicated that by this map and also the map in the Department of Natural P,esources, the swamp had definite boundaries. Mr. Schneider indicated that after 90% of the work had been done in this area, the City obtained a permit. Mr. Schneider felt this made it impossible to determine the amount of ' work done in the public waters. P�r. Schneider mentioned that the City Attorney had expressed the feeling that this was not public waters. He questioned if the City Attorney was qualified to make this judqement. Mr. Schneider mentioned that a perrnit should have been obtained immediately from the Rice Creek Watershed district and also the Department of �latural Resources. Mr. Schneider said the permit was obtained by the City on November 7, 1973, the same day it was requested. Mr. Schneider placed a graph of the areas and amount of total cost on the screen. He continued to comment concerning these figures and summari:ed his remarks by saying 35 people in;the area do not feel that they benefit from the dredging or the ditch from Harris Lake to Moore Lake. He indicated that those people feel they may benefit from the construction of a storm sewer in the area, but not for the construction of the pond. Mr. Schneider said the people of Areas A, B, and C do not feel they benefit from the construction of the pond and that these assessments should be placed on the plat. �. Mr. Schneider said he had a meeting of those people of the area in his home and they h�d indicated to him that they would take legal steps if the Council does not reconsider. Mr. Schneider said this had not been his intention, but this is the feeling he is getting from the people of the area. Mr. Schneider said this would be the secondstep in the development of the storm sewer in this area, there would be another step which would bring everyone's assess- ments to $8.00 per 100 square feet. Ne indicated hewould like to have the administration further review the assessment rolls and come back with a different roll. The City Manager pointed out that the City had studied alternatives to the current construction which would mean an expensive construction for this area with an out- fall to Rice Creek which would eventually end up in the Mississippi River. The City Manager referred to the storm sewer district map of the entire City and indicated that there had been a change in the boundaries for this area. He said the City had t bein the ex ensive s stem the second discontinuin the three alternatives the firs y , 9 9 p �� development in this area and thirdly, the construction of the sto.rm sewer on a pi�ce meal basis. He referred to the construction within the Briardale area and said this ', had come under Project #106. He said under this current construction, there was � � � i � � I_J �.] 25 PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 13 a need to get the water from the Harris pond to Moore Lake or Rice Creek. The City Manager said at the time of the Council's consideration of the alternatives, the Council decided that the piece meal type of construction would be better. He indicated under this plan land had to be acquired for the pond, the piping and the ditch to Moore Lake. The City Manager said all of the areas indicated in the assessment roll contribute fo this water and outfall and should pay for the outfall because they do benefit. Mayor Nee asked the City Attorney if he felt the City should have purchased the land and ditch. The City Attorney said he relt the question to be more of an engineering question than a legal question. He mentioned he had originally worked on the writting of Section 105 as quoted by Mr. Schneider. The City Attorney continued to comment that the Section is quite new and has never been tested. _ The City Attorney mentioned the City would have to acqu�ire the ponding area if the 1 storm drainage were directed to this area. He stated it is unlawful for the City to deposit storm drainage on private property. Mr. fierrick said he had worked for five years in the Department of Natural Resources and had helped draft Section 105 in the late 50's. C� � � , ' , CJ � � The City Attorney further pointed out that no permit had been oriqinally obtained through the Departmen* of Natural Resources, but a permit nad been obtained from the Rice Creek Watershed Oistrict, and the Rice Creek t4atershed District is responsible for transmitting a copy of th� plans to the Department of Natural Resources upon receipt of them. He continued to explain that if the Department of Platural Resources had any objection, it would be up to them to voice those objections. Ne said no objection was voiced by the Rice Creek 4Jatershed District. The City Attorney said he had submitted a letter to the Department of Natural Resources stating the City was requesting a permit. He said the copy of the plans had been in the office of the Department of Natural Resources for a long time and it was not a question of whether or not they should approve them. He said at this time the permit was issued by the DNR. He again rr�entioned that the City could not deposit storm water on private property. He said the property wauld have to be condemned before the water could be deposited there. The City Attorney said the cost of the property, ditch and outfalls is a legitimate concern. He said whether the area could be used as it originally was for the deposit of thestorm water would be more of an engineering nuestion than a legal one. Ne said in his opinion, he felt it necessary to acquire the property and to improve the area with the autfall to take the wa�er to the area where it could eventually be disposed of. Mr. Schneider said he had talked to the Attorney General's office and there was some question in Section 105 relating to wheth2r or not the property was a marsh. He said if the property is considered a bog or a marsh it would be prohibited to build within its bounds. �Fhe City Attorney said he had talked to an attorney in the Department of Natural Resources office and questioned if there had been any change in the law concerning the depositing of storm water on private property and he had indicated there would be change in the existing law. Mayor Nee said the law is what the court sa��s it is. Mayor Nee continued to comment that the question may be whether the 1973 law is constitutional. He said as it had been read, the logic is strong. He asked what would be an efficient means of arriving at this determination. ' The City Attorney stated, whether the law is constitutional or not is not the , question. He added, assuming the law is constitutional, it is said that Municipalities cannot deposit water on private property. He said the declared judgement is positive in this type of question. � � The City Attorney further commented that there has to be a controversial situation before the matter could go to the courts. Fle said the Council would have the alter- native to go to the general fund. He mentioned that this alternative would be legally available. Whether or not it would be economically sound and feasible, it would have to be considered if this would be a viable question. He also mentioned that it would be possible for the City to test this situation legally. Mr. Robert Kirwan, 6578 McKinley, questioned if the map on the screen was the same plan that was presented at the time of the consideration of the plat. Mr. Kirwan said he believed the assessment to be unfair and asked that the burden be placed where it belonged. He said the water had been running into this area before the deveiopment �� �b PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 14 � � of the pond. He said he would pay his share for where the water was running, but � objected to paying for the construction of the:pond. He added that the pond is now barren ground with no trees or shrubs. Ne mentioned that the iand had soaked up � the water 7ike a sponge. He asked why the land had to be sculptured to the extent ' it was. �` Mr. Nicholas Mavrogenis, 6i70 Briardale Court, questioned the water level of the marsh. He asked if the marsh was self sustaining. He also asked what happened to the run off of the area in a rain. The Public Works Director explained that the water would stand in the area in the damp weather. He said the current system was installed to handle the 50 year storm. He said if there is two feet of overflow, this would be directed into Moore Lake. Mrs. Gene Gasparro, 1604 Briardale Road, asked if this would be a final assessment for this area for storm sewer. The Public lJorks Director pointed out that this would be the final assessment for Project No. 114. Mrs. Gasparro said as she understood the matter, there could be addit9onal assess- ments for storm sewer in the future. The Public Works Director said the maximum assessment for this area would be $8 per 100 square feet. Mrs. Gasparro asked why the people in this area are getting hit for assessments all of the time. The Public � Works Director indicated that the area west of this is w�'hin the same drainage district and there would be additional work done when this area is developed. Mrs. Gasparro asked if this was a permanent system. She indicated that she did not want to throw her money out the window on something that is not so good. Mrs. Gasparro said she would iike a statement for the amount of the assessment before she would pay the assessments. She indicated that the peop]e had not received any notification on the amount that was due at the present time if the assessment were not placed on the tax rolls. Mrs. Gasparro said she did not like to be told to hire an attorney to file an objection. Mayor Nee indicated the City was not trying to iell the people what they have to do, the City Attorney had indicated that th�s wouid be the most efficient p;�ocedure for filing such an objection with assurance that it would be in an acceptable form. Councilman Starwalt asked if it would be possible for the City to send statements. Mr. Brunsell, Finance Director, exp7ained the procedure for payment of the assessments in full at this time or 30 days past the date of the adoption of the assessment roll. He said normally a statement is not sent out. He indicated that very few people choose to pay the assessment at this time. The Finance Director said the siaff would send stateinents to those people who wanted this done. Mr. Haupert asked the staff if the people of the area would stand to be assessed up to $8 per 100 square feet and the Public Works Director said yes. Mr. Naupert continued to comment that he resented paying the same amount for this assessment as the people living on the lake. He questioned if the benefit would be equal. Mr. Dave Narris, 470 Rice Creek Boulevard, said he had spent the best part of the past two days studying the rolls that the staff had prepared. He said he had the opportunity to acquire the answers to the administrative questions. He said he was concerned about the policy decision in the roll. He merrtionP� there are a couple of sides to every situation. Mr. Harris continued to comment that he had tried to cooperate with the City in every respect. He said if the City had asked him to do '� something he would do it and this had amounted to additional expense. He listed several of the areas where he had changed his plans for the development to correspond to the City's requests. He mentioned he had dedicated easements and obtained them for the City. Mr. Harris referred to the comments made concerning the ecology of the area and said he had removed 55 tons of garbage. Mr. Harris also referred to the taxes obtained by the City for this property prior to the deve]opment and said this was $550 per year. He said at the current mill rate he would be paying $1,500 on the same area. He also mentioned this would be a great deal more after the complete deveiopment of ihe area. Mr. Harris said if ihere is a change in poticy there woald have to be justification for the change. He said al1 of the surrounding property owners contribute to the drainage of the area and they should all be assessed equally. He questioned the Council on why the assessments within the plat are higher on the roll. The Public 4Jorks Director said that this project did not cover the entire drainage district. He again pointed out that the total drainage plan of the district is to be done on a piece meal basis. He reiterated that it was hoped that no one in the r � � � � � J ' PUBLIC HEARING MEETING OF MARCH 10, 1975 dtstrict would be assessed more than $8 per 100 square feet. PAGE 15 27 Mr. Narris said he was pay�ng an unfair share to begin with and he objected to this. He pointed out that at the time the property was platted, the Council and staff had indicated that he would be required to pay the escrow of $8U0 per building site at the time the building permit is acquired from the City. He said now, the assessment roll indicates a payment of $70,000 to be assessed on the property. Ne said with the current plan, the sewer would be in and assessed before the homes are built on the lots. He mentioned that there would 6e no way to revive th�s kind of funds from the sale of the property. Mr. Narris sa.id the assessment would have to be based on the cost and spread equaily throughout the entire district. Na said on some of tne larger lots in the area the assessment would run as high as $4,700. He said aside from the Innsbruck area, this ���ould be the highest assessed area in the City. ^1r. Harris indicated he felt that a storm se�ver assessment in excess of �a4,000 per lot was very steep. He mentioned that he had paid a considerable amount of money on.the lots at the time � � he had purchased th°m. Mayor Nee asked Mr. Harris if he objected to the payment of the assessments under the project on the roll rather than by mea��s of the ;800 per loi being paid at the time the building permit is taken out. h1r. Harris said this was true, but �ie also objected to the area he tvas responsible for (Area E) as having the highest assessmeni rate in the distr�ct. He said he thought he H�as payinn more than his share. He asked wh,y the assessment for Area E was the highest. , P�ayor �lee said he thought that this may be because the people in Briardale had already been assessed for Project PJo. 106. He saiu the current assessment is not an indication of their total storm se���er rate. The Public 4lorks Director informed the Council that the • lots in 6riardale hau paid �5 per 100 square feet at the time of Project No. 106. He ' said wit� th� current assessment proposed for this area, the total assessment to this point would be `7.08. Mr. Harris pointed out the differer,ces in the prices for the construction in the area and asked why his assessments would be representative of 60% of the contract. He felt $8,000 should be reappiied to the area. , Mr. Harris indica�ed that by a��rarding the project to the low bidder, the cost of the construction of the project had been increased. The Public Works Director pointed out that sometimes this type of trouble is caused by the requirement of the City to award the project to the low bidder. He said the total price cf the project cannot ' be limited to the actual constructioncost, the meeting time of the staff, legal fees and interest rates would also have to�be added to;the construction price. Ne indicated that the Council was also aware of the fact thai'ihere had been some problems with th9s contract. �I � , � � !I � , L_J The City Manager asked how many people were present at the meetinq from the Briardale area and those present indicated this. The City Manager referred to the previous discussion ancl saici some points had already been made concerning the City's policy and the plan for the development of the storm sewer in this area. He said in the past, a11 property owners within one drainage district had been assessed at the same rate.� He said this �.Has the case when a storm seti�rer proj:�ct was constructed within the whole area and the wnole area would be assessad at the same time. 11e then summarized the history of the area. A resident of the Briardale area commented that P4r. t+liller had made the home buyers in tne area sign a waiver �rhich wou7d not allow them to claim the escrow monies. The City P1anager qu°stioned this statement saying the money had 'been escrowed by the builder to the City to be transferred from the escrow accout at the time of the storm sewer project in this area. He said the City would have control of this money and it would be forwarded for payment on the assessments for this storm sewer project. The resident said Mr. P4iller had indicated that this escrow money would not be used for the assess- ment and had told the people they would have to pay the assessment. The City Manager said the City did have a copy of the original agreement. The City Attorney said he had not seen the waiver signed by the people. He indicated if the money had been paid by t'r. Miller for escrow on the storm sewer, it cannot be given back to him, it would be applied to the assessments for storm sewer. He said if the City has a valid claim for this assessment, the City may claim this against the storm sewer escrow amount. Mr. Steve Nuspl, 16n0 Briardale, addressed the Council and said if he had money in escrow there would be no problem, but he had attended the meeting as a matter of principle. He said one point he would like to address is that this project changed a marsh into a lake and the other point he objected to was that part of the money for the project was being used for the costs for dredging the lake. The Public Works Director said the , i ; } s 4 �� : PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 16 material was rearranged and deposited. Mr. Nuspl continued to comment that the people of the area are not benefiting from the dredging and asked why they should pay for this. The Public Works Director said the developer is paying for the dredging. He said the people in the other areas would be paying for the ditching down stream. The Public Works Director explained with the construction of the system the ditch had to be redefined. The City Manager informed the people that the Briardale area had been mined before its development and consisted of a great deal of low area. He pointed out that before the development of the area the water was held within the proper ry's confines. After development, the water was forced to travel north. He said they had run into some problems with thi� proposal and had realized that if the property was developed that the drainage problems within the whole area would get worse. f4r. Nuspl said he objected to the changing of the marsh into a lake and also to the work done on the ditch. Mr. Nick Garaffa, 6750 Monroe Street, addressed the Council and said he lived on Anoka Street at the time of the construction of the project. He referred to the filling of the Harris Lake Estates property and recalled that sand had been hauled in from Rurlington Northern, the top soil from the construction of Mississippi .:treet was placed in this area and also the material taken from the lake was used for fill. He asked what the depth of the lake is. The Public Works Director said this would range from three to four feet. Mr. Garaffa said he had been told that the lake would be six feet deep. He said when this item was at the Planning Commission level it had been mentioned that if the lake YJdS not of a proper depth the fertilizers would go into Moore Lake and this situation would become worse and worse. The Public Works Director explained that the type of system with the ditching and ponding would be adequate protection from this type of situation. Mr. Garaffa indicated at this current depth, the puh?ic lake would be ice all the way to the bottom and would never support fish life. He questioned if the people would be getting their money's worth. The Public Works Director indicated the pond was never intended to be a lake, it is to be a retention pond. Mr. Harris said he was concerned about two things and he had tried to follow the logic of the City Me.nager, but felt the policy had been changed in this case. Ne asked if this area could be assessed ia� 'the same manner as it had been donein the past. He mentioned that the pond had been created on behalf of the City for retention of storm water. He said he was certain that the pond would store a larger quantity of water. He did not feel the assessment is as equitable as it might have been. Mr. Ken Moxness, 1604 66th Avenue Pl. E., addressed the Council and urged the Council to �llow the people of the area to pay their fair share of the assessments, not pay for some land developers portion. Mr. Curtis Johnson addressed the Council and said he lived in Innsbruck and was preseni to represent Mr. Larry Morford, 6235 Kerri Lane. He said when Mr. Morford had purchased the property he had been told that the assessments had been paid. He said there had been a previous storm sewer assessment and this would be the second assessment. Mayor Nee asked if Mr. Morford would have any money in escrow to cover this assessment and Mr. Johnson said he did not t�ink that there was an escrow account at that time. The Public Works Director said the previous assessment may have been in the amount of $500 for Project No. 106. Mr. Carl Garaffa, 6750 Monroe Street, questioned if there was any possible process to stop the pond from reverting back into a marsh. Mayor Nee said he did not think so. He said the City was having the same problem in Locke Lake. Mr. Dennis Schneider indicated that the problems in the area would not be solved by the escrow amounts. He indicated that there were many people present outside the Briardale area. The City Attorney indicated that any agreement between the purchaser of the lots and the builder would be their own. He said the escrow agreement had been established to benefit the people buying the lots. He indicated that it was the City's wish that the people not be assessed in the future for any assessments. He said if the people did not have an attorney present at the closing to represent them, this waiver may have been� obtained. Mayor Nee said this situation should be double checked. He said he did not see how the builder could waive this requirement. He said the only way that this money could be taken from the escrow account is through a legal claim. � ' , ' � e ' � . � � � � ' ' � ' , ' � � � � ' , , ' ' ' � I � �y PUBLIC HEARING MEETING QF T9ARCH 10, 1975 PAGE 17 The City Manager reiterated that the City has the money in their account and they would use the money for the assessment of the storm sewer unless someone provides a legal document which would stop this use. Mayor Nee questioned the people present if their concern was whether or not the receiving body needed to be bought and whether or not there a�as a need to improve the outfall. He also questioned Mr. Harris if his concern was whether or not the assessment spread was equitable. He meritioned that there had also been a question raised at whether the marsh would have been adequate without the creation of the lake. Ne said Mr. liarris had also questioned if this would be an equitable expense in the drainage district. The City Attorney said he felt very strong7y about this and in his mind there was litt]e question. He said this would be proven by 12 to 15 cases in the Minnesota Supreme Court which had made decisions on cases on tfiis subject. He said it would be up to the citizens if they would like to take the time and money to protest. Mayor Nee said he would like the City Attorney to put this type of fact in writing and have it available for the Council at their next meeting. P1ayor Nee said if there is a question on this roll, the hearing could be kept open another week for review. He said this would a11ow those interested to talk to the staff. Mr. Harris said the hearing could be closed and those interested could come back the next week. He said he felt with the central depository the policy had been to equalize the assessments. He questioned the current proposal to separate districts from the larger districts. He said he did not think this was a fair proposal to isolate a portion of the drainage district. STORM SEWER (AREA BOUNDED BY 81ST AVENUE ON TNE NORTH, OSBORNE ROAD ON THE SOUTH, MAIN STREET ON THE WEST, APJD UNIVERSITY AVENUE ON THE EAST : The Public 4lorks Director explained that the storm sewer main interceptor area is $3.10 per 100 square feet and the rate for the starm sewer ]ateral is �3.37 per 100 square feet. He said the tota] cost for this area would be $6.47 per 100 square feet. Mr. Richard Harris, 6200 Riverview Terrace, addressed the Council and indicated he thought the City had improved the material used in the interceptor. Mr. Harris asked who had paid for the replacement of the 12 inch water main on University Service Drive. The Public Works Director said hewas not sure but he believed this would have been the contractor. He ad�ed, the contractor would definitely be responsible for this replacement. MOtION by Councilwoman Kukowski to close the Public Nearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and Public Nearing closed at 12:47 A.M. OLD BUSINESS: RECEIVING REPORT REGARDIPdG ZONING OF FRON7IER CLUB, 7365 CENTRAL AVENUF N. E. RICHARD D. POVLITZKE : MOTION by Councilman Starwalt to receive the report regarding zoning of the Frontier Club, 7365 Central Avenue N. E. Seconded by Counci7man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Attorney advised the Council that Mr. Smith and Mr. Poviitzke would appear before the Council the foilowing week for discussion on the problems relating to this matter. NEW QUSINESS: CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST. 1974-1 S7REET IMPROVEMENT PROJECT: ' MOTION by Councilman Starwalt to table the considertion of the Resolution confirming assessment for S7. 1974-1 unti] the next meeting of the Council. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUtION COTIFIRMING ASSESSMENT FOR ST. 1974-2 STREET IMPROVEMENT PROJECT: MOTION by Councilman Starwalt to table the consideration of the Resolution confirming � � �i U PUBLIC HEARING MEETING OF MARCH 10, 1975 PAGE 18 assessment for ST. 1974-2 until the next meeting of the Council. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST. 1974-4 STREET IMPROVEMENT PROJECT: MOTION by Councilman Starwalt to table the consideration of the resolution confirming assessment for St. 1974-4 Street Improvement Project. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. CONSIDERATION OF A RESOLU7ION CONFIRMING ASSESSMENT FOR SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT fJO. 114: MOTION by Councilman Starwalt to table the consideration of the resolution confirming assessment for Sewer, Water and Storm Sewer Improvement Project No. 114. Seconded by Council�+�oman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 40-1975 - APPROVING AND AUTNORIZING �IGNING THE AGREEMENT ESTABLISHING Mayor Nee called on the Finance Director to explain the terms of the contract. The Finance Director said the 1975 contract would call for a 10% increase for the fire fighters and captain and also for payment by the City for $15.00 of their dependent health insurance. He said there were on ly two changes in the contract. Mayor Nee asked how many men this would cover and the Finance Oirector said three. Mayor Nee asked the Finance Director if he would recommend that the Council approve the agreement. Mr. Brunsell said yes. MOTION by Councilman Starwalt to adopt Resolution No. 40-1975, approving and author- izing signing the agreement establishing working conditions, wages and hours of the City of Fridley Fire Department for the year 1975. Seconded by Council��?oman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT TO BIKEWAY/4JALKWAY COMMITTEE fROM WARD THREE: MOTIOIV by Councilman Fitzpatrick to a�point Mr. Jerome Krist> 148 Riversedge Way, as the Third Ward representative on the Citizen Bikeway/Walkway Committee. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: HAROLD BELGUM, CHAIRMAN, HUMAN RELATIONS COMMITTEE: INCREASING MEMBERSHIP: Mr. Harold Belgum, Chairman of the Human Relations Committee, addressed the Council and indicated that with the current status of the Commi±tee, it is difficult to meet a quorum requirement at the meetings. He suggested that some of the minority or ethnic groups inthe community be represented on the committee for the purpose of some type of festival of nations at the bicentennial. He said he would not want�the membership of the committee limited to Fridley citizens, he felt there may be an advantage to having membership from Anoka County and establishing a community committee. P4r. Belgum said he had talked to various people who had expressed a willness to participate in this type of committee. He said he would like ihe membership increased to 30 people with a quorum changed from eight to ten. MOTION by Councilman Starwalt to direct the Administration to research the proposal � made by Mr. 6elgum Chairman of the Human Relations Commitiee and report back to the Council at their regular meeting with a recommendation. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the"motion carried unanimously. REQUEST FOR CONSIDERATION OF PROPOSAL FOR ASSESSMENT OF PROJEC7 N0. 114 BY MR. DAVE HARRIS: Mr. Narris addressed the Council and indicated he would not be able to attend the following week's Council meeting and he would like to make some suggestions to the Council on alternatives for the assessment of Project P�o. 114. '�� . I _ __. 31 PUBLIC HEARING MEETING OF MARCH 10, i475 PAGE 19 Mr. Harris suggested that an assessment of $6.00 per 100 square feet be used as a basis for the assessment of the eniire drainage district. He also mentioned that within the drainage district, in other areas than the one being assessed at the present time, there had been money escrowed for the storm sevrer. He suggested that this escrow account money be put into this project. He said the other area should be assessed the same rate for the entire project. Mayor Nee asked if Mr. Harris' basic question was that he was being assessed at the present time and the origina] thought on this storm sewer charge is that the money would be escrowed by the builder at the time the lot is sold and the building permit obtained. Mr. Harris explained that this would be his main objection at this time. REQUEST FOR DIRECTION FRO;� CQURICIL CONCERNING THE DUTIES OF 7NE PLANNIP�G COMMISSION BY RICNARD HARRIS, CHAIRMAN: Mr. Richard Harris, Planning Commission Chairman, addressed the Council and requested some direction from them on the types of matters that the Planning Commission should handle. He mentioned that it would be possibie for the P7anning Commission to do some work revising the Bi11 6oard regulations within the City. He said the Planning Comm9ss�on was currently working on the zoning ordinance. Mayor Nee mentioned the Planning Commission should get together and list their priorities and perhaps the Council could meet with the Commission some time in April. ke suggested that this be done at one of the study sessions or conference meetings of the Counci7. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of the Fridley City Council of March 10, 1975 adjourned at 1:35 A.M. Res ectfully submitted, �c�-� � Pat Ranstrom Secretary to the City Councii Date Approved ❑ , Wiiliam J. Nee Mayor 0 i � ' ; i i i - -� : _ . ' � � : ' : ' - •CITY OF FRIDLEY � MEl�ORANDUM ' I . : I ' � , - T0: NASIM M, QURESNT, CITY t�ANAGER . - ' FROM: MARVIN C. BRUNSELL, ASST. CTTY MGR./'FIN, DIR. ��. ' SUBJECT: COMPLAI!�T ABOUT .UTILITY BTLL (INB-77� � DATE: APRIL 2, ,1975 � - . , .' With reference to your memo of Apri1 1, 1975, the City af ., Fridley did attemot to collect the utility bill from the - _ - forme�r owner, Shirley Maizek.� The City siged a compiaint � Iiin court against Shirley Matzek and she was found quilty as she did not make a court appearance. The City has not - ' received an mone as a resuT f this � y y t o . I t i s o u r u n d e r s t a n d i n g ' that the City Attorney is following up on this matter, � � � , . . MCB:sh - . t_ -. ' - , ' • . . . . .. . . _ . . . . , . . � ': � I ' . - ' . �QFFTCE OF THE CITY MAidAGER � 'CITY OF FRIi�l.EY � MEr�o No. MB-�� Thurs 4-3-75 Respond by: ' MEMORAfd�U�l FR0�1 THE CITY MAiVAGER Cont. to: � T0: Finance oirector . � � DATE : Apri 1 1, 1975 I� � RE' Complaint About Utility Bi11. " . , . ' P�ease review the attached ietter and give me a report on this ' so it can be forwarded to the City Council a1ong with a copy of the letter from the Citizen. Thank you for your assistance. ' NMQ/ms • Enc. . ' � - � � _ ' � ' . ' - ' ' . • ' . � � '� . . . ' ' ' , � � ' = ' __' ' t � ' ' ' , r � .�y y� �% .-c'.� ��.�L� ��e,�,.�-."..,..t�C� � J �.:z`"�-z-'�'C�-�J� � f � � � r� Cr� �" s,_.,�� ``"�i� f� �./r---��-C�t.uc.-zl--�� ---G`tJ � --��-��..�..- _ `-�.�1..�-'Q 1�.h.vL/ �'`��`-^�---�C✓ .�/��' 'r� � ,% ��i'/1•'Z�P✓t/ � �� � G� � ` � c�-�..�.�,,�,�,�� �--�- �.-��.�.� �.�., �, 1 � 3 _ __ �.�.�.- �yt. 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'• 1►i�'° �erw"s�,a • 1�-Csa:f:.. � ; . :'�'' . .�:.= ",..� �w.. l �t�� ,,a ` _ �Ye.+ ' . • - . _ , . . . . . . . � . . . . � . . . . . . . . � . i . - � • . � - � . .. . � � -� �� `1' d'.: Y' J �'. i rrfr � : �.� � � . . - . '�' - • � . , ti'-� .�r t.- .. t Jf . " ' • . . 4 it . ;. } f .� �. }�'A . � l .�y�l 4) � r�M I �'� . . . ' _ - _ - . , . ' � . � . - , .: � i x + 1 r t y� i t , �. , � � 5 1 F " . . . -r I�� � � ��'. o �C�' `��� a �� '��: �ry�. w``x Cj l .� � ' . �'. . Y � . IJ � �,� . i� ,� .-rt 1311i�} . l'�''( r � . � . . ..y: 2�LF r'�e.-�-ifr �.t� ,� , �,j �. �a r i�..: � ` . � � . + ' � . . •kt� } ' , � . . . } ' M,J��,Jr .S •��j �, .+ ` � •�' . , :l x . ' li�5i,tt r.i r !� .��,' , l 1��- + k � ., y -j� .y � �. t • . . . � �. . , . • . .. • ' ' . , ' . . .. is•. �� . •'w+ t� ' .. � f s I-� . � •��. • a�_. � :1>�'�li�h. .�, i .). t.:., t a`Y � [• ' • ... . . . _ . . , h ��� , • '� ` �� ` M � t ' _—___ — _ __ . � f � ! . .� , �.� � � � . . �. r '� � - � ���' r ) y � �/ �ry � � . . ��, . �G J+.6 � �� Y �G ��•(D" � . ' . . , � `� . ,�.���'�`! .�, � � . � ��:: . . ��, _��'µ � � �� �� . . � j ,� . . . - ' . . �. �::.- � . � � � . . � . __ . ., �,t�,� �_ : AN�;cA C¢3UiJ7Y � .. . _s"�i � . _ - _ ._ — , - : - �'%^ 6431 UNfVERSiTY AV�NU� N� FRIDI.EY, MtNN�SOTA 5543; y- �� � ;.. - �^ � - . • . �� _ ' � �`.ugus t 23, 1974 � .. . . � �.,, . �.�. �r - , _ _ _ y . - . s� ^:, k•-� . � � : ' La�Trer.ce Tos�:��.�an - � fC.'; -- 632'd i.�r`r-�g -. �;�; � • ; Y`i�� ° f �, 1'..'.�il. . . _.. ' . , . �h+ � . . . . . . ' � . ' . $ ' _ . . . . � � . (' . � .. � .. . - ��:� . Dear Sir ; .. � . :�`� . It has come to our attenti.on that the �aa.ter and sesaer bi,Il for �- :�. • ' 70� - fi�„�d F� ��r ic� �"� xn the amount of $. 75.?�t �:�' �! . is delinquent. � �� . � ��` xf payment in fu7.1 is nut xeceived by September �.3, �974, tae . ;�.::�':. , will be required to certify the delinquenk �.mount .to the coi�ni: to be ' a_ _ Y_ ,.. �� collected with the 1.9�5 taxes. . .� -- �t - � ��. . Penalty in the amount oi 7.0'/, on the unpazd balance will: be �:�.;: ' added to the above bill.if it is necessary to certify it to the county. �� ;� �` If you have any c�uesticns concernin�; tYie above 'bill, ca1Z _ 560-3450, extensian 51. ,�' - . .�.._....____ - , CITY Ur rRID:t,EY �. - ''{�`��'�'.` Yublic UtiliCies Eilling llepartme�at �,: "' � � _ . _ _ - - - -- -- --- -________._ a�:'� � �� .. . =.::r� . � -.y-_�-�i .� . � . . '.�. .. ' . . . . . STATE OF MINNESOTA COUN1'Y OF AN4KA 0 � � � v� �,� ���, o CONCILIATIQN COURT - :��` � � .z � � . . C' c-�-e-,-- CZ.:�'� � � - Citg of F.ridZey � � 6431 University Avenue �T. E. . Fri.dlep, �sa La 55432 . . � � NOTICE aF HEARING �: .�= PLAINTIFF, Vs. . Shf.r2ep Matz�c � ib4U 6$th Av�uuB N. E. F�ridley, �i�auesot� 55432 DEFENDANT. � � Fi 1 e No. ��+Q The above entitled case is set for Hearing at ' 9:0� A.M., bn We�, Oetober 3U, �,974 , at Blaix}e Cfty Hail (time) {date) (place) at 915Q Cen�ral. Avemue N. E. (street address) 81. 71F For non.--gaymenC of f�nal util.itp bi11 at 7U4 63rd Avenue' N. 8. Date: O�tober L5, I,974 Deputy Clerk STATE OF MINNESOTA ) COUNTY OF ANOKA ) (ss. The above entitled case having been settled, it may be and hereby is dismissed. � , Date Plaintiff's signature. CONTINUANCES: A continuance may be granted only for g�od cause stated in a�vritten request, which must . be [iled with the Clerk more than five (5) days before the dute of �Iearing; or by the Court. All parties will be notified by the Clerk of any new date set for Hearing. The Court mayassess costs of not toexceed $25.00, either absolute or conditional, to the other party as a condition of granting a continuance of any case. COUN'I'ERCLAI�iS: The defendaTt may, if he has a claim �ainst the ptaintiff which is �vithin the jurisdiction oC thc Court, file it with �he Clerk not tess than five (5) days before Lhe }Iearing date, ��ith the filing fee. The Clerk will then notiTy the pllintiff of the counterclaim. I3oth the clzim and t.he counterclaim wili be heard at the �ame ti�ne. • � � � EVIDh:NCI:: I:ach party must bring to the trial all witnesses and exhibits, includin� repair bills and estimates� deemed necessary to prove his case. Upon request� the Clerk w�ill issue subpoen<is reyuirin� witnesses W appear. Statements or �FfidaLVits from persons not present in Court are of little v.�lue. fl}::1RING5: After the evidence, the Referee will usually take the case under �dvisement for later decision. The parties tivill be notified by mail of his decision. If a party changes his address, the Post OCfice must he notif+ed. tr.t. C'nt�Ri�tiP(lNni�:N('H: :1i�1) TN[]iit}2iF:S S}(()iIi T) RF' :1I�nF?}�.�SH;Il'Ib 7'IIF CI.H;RK OF CntiC'.ILiATini�i ('.(�i;R'i tl' 1 I ' ' ' OFFICE OF TNE CITY f�AfVAGER CITY OF FRI�LEY �IEMORAf�!�UM FROM THE C ITY MAiVAGER T0: DATE: RE; PUtiLIC �vO�.KS DI�,ECTOR ��1aKCri �7, ig�s - 1� MEMO N0. DS—Z85 Respond by: �/�/75 Cont. to: OKlllivtiivCE AiVIENDAI�NZ'S REGAhDING DIFFERENT COMi�ITTEES AND CO:vir�-IISSIUNS ANi� TIiEIR �i,ELATIONSHIP TO THE PLANNING CO:vIMISSION ' . i�lease see tnat appropriate amendments are prepared to the ' ciif�erent ordinances of tne City Code regarding the above mentionec item for City Council review at the Council Ivleeting �ipril 7, 1975. ' ' TnanK you for your consideration. N1v1�/ms April 3, 1975 Attached for your consideration is the proposed reorganization of the Boards and ' Commiss�ons relating to the Planning Commission in Fridley. Exhibit R indicates the proposed reorganization and compares it to the existing process. Exhibit B is the Ordinance wh�ch establishes the Commissions based on the proposed ' reorganization. It should be.noted that the Building Standards - Design Control and Piais & Subdivisions Subcommlttees are disbanded. ' Exhibit C and D indicated the proposed appointment process which would � allow ap�ointments to be made on a ward basis and ensure that no more than • two vacancies would occur on a Commission within any one year. ' � 0 �' ' Exhibit C is the appointment process if the existing organization is retained. Exhibit D is the appointment process for the proposed reorganization. If the proposed reorganization is adopted the following commissions shall need appointments: • Human Resources Commission: ] Chairman and member of Planning Commission 4 members , Community Development Commission 4 members (The Chairman of the Planning Commission will also act as Chairman of ihe Communiiy Development Commis'sion. It is suggested that those members either displaced or otherwise affected by the reorganization•together with those whose terms are expired and are still willing to serve be considered for the appointment vacancies. Those members are as follows: Joe Christensen Ward 1 George Meissner Ward 1 Richard French Ward 2 William Forster Ward 1 Hubert Lindblad Ward 3 Wayne Simoneau Ward 2 William Tonco Ward 2 Jan Seeger Ward 3 Russel Nouck Ward 1 LeeAnn Sporre Ward 3 RNS/jm . ° . n ; , , ; , ; i , , ; ; I ` + i � _i . , ; , . � ;_ i , _ , ; , F . i ._ ; . � (._ � �_ ,;:i' ii� � 1 ��},?;� i� p i . . ` . . . . ' . ! , . .. , � $ i I ; . , ; � � e�T�c����c��. . ; , � � �� � � � � . ;. ;,j , _� } , .,._ ;.: .� �±a . � , � ; i� � � . �� , , � . . r . : ,. ;. , . . . . �; . . �� . . ' i k I . !j � � 1 , i . I . � � � � . _ . �_ _ i 6 , ._ . . f t , , ', � ' � . . I I � . I I i � _ environ. d�s�gn plan�ing board of f parks and t :__ _ comm. c��at. �oard co��. a eals rec. comm. ;� . ' ; , ,- , ; : : . , 4 � � j ( E 1�; ; � ; �, , _ , � ; h�man rel. bi�e/��alk 6ndus. dev. housing ; ; ; � , ; con�m. c�€�u�i�t�� c�mm. ac�#�orii ' ! � �� _ ' ' � , , , j � { ' � G �,� � � ' � . : ! � , � � �� � � � f� `� ����� �at� �� � � � � �� � � d . , �� , ' . . , ; s�bs. i . ' . ; : . � , ' , . j � : � ; ..,H y.t � .L..� �.�- a , , . : . � , ' : , , � ' _ : � , . : ,_ , �, , , . , .. . ; , , � : , � . . ._ . .__. , , . ; . . . . � � , , � , , , . _ . ; ; __ . ; _ __. . . , : ; . _ � �, ; C��'Y C����C�L ; : . . .-�� ��:�a::_ __._.�- -:- ;_��, _ _ . ; _ ; . _ . _ . __.__ . . . . , . � _ ; :. pl,���I�G C4r ����ISS60� , , , . _. _. . , _ _ ; , _ . . ; . : ; , PA� �� , , . . i_ :_ . _. . . . , __� :__ _ . _ _ __ _ _ . .. . _ ; ' _ _: . : : pp�� parks cQm��s�. ' , h�man �!� c���°�. ar�d r�c. ����. ����i. c���a. e�v�r��. �omm. reso�rc�s cmmm. � � - R - - __ _ � PIR � � �' PI� � �k � PiR T�� PIR � �' I PIR � � � � . � � P P P P �' 6� P P P �' P P P P P P P P P P� � ' C C C C C C C C � C C C C � C C C C C C.�.:� �€ ; : � .� � �, '; �, � �t :' '�i � �° � '" N � ; � � L! � � �� � ��A � R � � � .: � � � � � .��. � = � � � ., � � � � f"� •e � � _ s y � "' � � J , I - : , � � , : , i_ _ . {--t t �- t L-- , - � { ---* : r - - - i ; � •— -- --' - + --_ _ � —t � � � I' I' � i �' �� � � ' __ -- �— —� — , , — i I—__ , .� _�� 4. __f —� , �_ + __f _ a --- � � _ .; � , , . � , —_ , _ . . _ � � --- — ; r � + � I � i � I � , ' , : ; , - . , . ' _ _ . , _ _', F . _- - -_ ---}-- : . . . . , � . � : I j _; 1 ; � _: _� � : _ I� _ ___ � � �' P � ia - Poliey imptementation Review. ; _ , , __; , ; : POLICY IMPLEMENTAiION . i ; � i ;._ : _ ; � P � — Policy Development . , ; . : . ; c;ty Administration, to Implement the :Policies � ' � ' ' , ; � and Goals within the Guidelines and Framework � _. _� � P C Pro�ect Comm�ttee �� �i , � � , s --i Approved by the Commission , � , � ( � � � �� i � , � � .. , , . i � : � + ! � -� i � � - ' --� + - .-. , _ ; • -_ _. _ _ . f t � , ; ; � , , , , � , , , } , , � , ; , , _ _ _. _ _ _ . , XH _ � �,l � � � � i � ? , � � i � , � i ; T A -� ; -�i-- ��_ ,i � ��;�i�--,-' , .; ,-i , ; � E IBI 1� i j , , � , r ' � � ! � I i � _1 I I.� � I i' i , _ � � o�oir�nncc Na. AN ORDINIINCF ESTl1[3l_ISfjING COP�1C�ISSICNS FOR THC CITY OF FRIDLEY, MIIVNESOTA �I�lNICN S11ALL COi�SIST OF THE FOLL04�1IfJG: PL/1P1P�lI(dG COf�1��1ISSI0N (CFlAPTER 201), PARKS !1(�D RECR�ATIOiI CO<<1�iISSION (CFlAPTER 101) > EN��I(ZOf��F1[_NTAL QU111_ITY C01•1i�ISS1Q�d (CfinPTER 1'I_1), I�U��iAN fZES�URCES CQi�ii✓IISSION (CIiAPTER 122), APPEALS �CONih1ISSI0(V (SECTIOi� 7_05.1f�), A�vD COf�il�iUidITY DFVEt_0('i��ENT COCf�i�ISSIOfd (CHAPTER 21G ); AfdD REPEALI ��G Af_L PRIOR CNAP�TERS AfrD SECTIOfJS ( CHAPTERS �r'101, ii121, �r'201, SECTIOi'd ;t205.1& A�dD CNAPTCR ,',�20�i) ' CHAPTE(Z ?_Ol. PLAI°YNI���lG� CO����iISSION ,• 2Q1.01 Creation � J � � There is herel�y created a Planning Commission for the Ci�:y of Fridley, 1�1i nnesota. 201.02 Membershi The Planning Commission shall consist of the Chairman of the Communi�:y Development Commission, the Chairman of the Parl:s and Pecreation Com�nission, the Chairman of the Appea�s Comi��iss�on, the Chair�man of the Environmental Qua�lity Comrnission and the Chair- man of the Human Resources Commission. The Chairman of the Community Development Commission shall also serve as the Chairman o-f the Planning Commission. ' ' 7hese Chairmen serve as representatives of the member Commissions and are appointed accordiny'to provisions outlined in the Ordinance establishiny each of the member Commissions. � � The Planning Commission choose a Vice-Chairman. the regul ar Cl�ai rman i s in his place. 201.03 Vacancy shall each year, from their own numbers, At any meeting of the Planning Commission, if unable to attend, the Vice-Chairman shali act Vacancies in �:he Planning Commission are outlined in the provisions of the Ordinance establishing each of the member Commissions. 201.04 Scope The Planning Commission shall serve in an advisory capacity to the ` City Council. Problems shall be referred to the Planning Commission by the City Council, Cii;y Administration or Chairmen of ti�e member ComiT�issions, and may be assigned to the member Commissions for detailed study and reca��mendations as required. All recommendations by the plar�iiing Commission shall be made to �he City Council i:hrough the Ci ty t�lanager. . lA CREATIO�� MEMBERSI� I P VACANCY SCOPE ' , � � � Ordinance No. Chapter 201 Conti ni�ed. r �� r � , �� ' � 1 � -2- The P1 anni ng Comi7�i ss ion i s charged 4-ri i;h responsi bi 1 i ty for conti nuous communiLy planning and development of comprehensive goals and policies, including but not lirnited �:o land use, housing, environ- mei�t, parks and recreation, public services, i�uman resources, and other i°el ated con�muni ty acti vi ti es . . The Planning Cornmission shall advise the City Council in the develop- ment of programs to giv� increased effective��ess and direction in implementing established Cii;y goals, policies and fram�t��ork and recommend actions needed �Lo carry out planning responsibility. 201.05 Administrative Staff The Ci�:y 1�lanager sha17 assign one member of the Administrative Staff to serve as secre�ary to the Commission. The secretary shall perform only sucf� clerical duties oi� behalf of the Commission as may be assi gn�d by the Chai t�flldp wi th the consent of the Ci ty P�anager. Additional advisory staff may be assigned to the Commission by the Gity P7anager ti�rithin the restraints of the adopted generalfund budget. The Administrative Staff shall be limited to the Commission level. 201.0G Compensation The members of the Planning Commission shall serve without pay, but may be reimbursed for actual expenses if funds therefore are provided in i;he adopted generai fund budget. 201.07 Meetinqs The Planning Commission shall meet twice monthly and more often as needed. The meu�ber Conimissions shall meet as directed by the Planning Commission and at their own discre�ion as necessary to ful fi i 1 the responsi bi 1 i ti es of ti�e �ne�»ber Co���n�i ss i ons. Mi nutes shall be kept of all planning Commission and member Commission's meetings. Findings and reconm�endations shali be transnritte.d by i:he respective Ch��irman to the Pl�nning Commission and from the Planning Commission to the City Council. r�• � , ADMINIS- TRATIVE STAFF COMPENSATIOiJ MEETINGS � ' CHAPTCR 101. PARKS AND RECREl1TI0N C011f�1ISSI0N 01.01 Creation There is hereby created a Parks and Recreation Commission for the � City ofi Fridley. The Commission shall consist of five Fridley residen�:s, appointed by �Lhe City Council. ' � �] � � � ' � 101.02 ��1embershi The Comm-ission Cha�irmaii shall be appointed by �:he Cii�y Council and shall also serve as a member of the Planning Coi�imission. The Commission sha11 consist of five men;bers, a11 members snzll be a�po-inted by tf�e City Council for ti��ree year terms, except the City Council shall stagg�r the appo�intments so that the terms of no more than tt�ro members shall expire in any one year. At�;ernp�t shall be trtade �:o have a] ] Ci �:y t�lards represen�;ed on 1;he Commi ss ion. U{�on the expiration of ti�eir terms of office, rnembers sF,•.l� continue t� serve until i:heir successor shall havc been appoinced. The Comnission shall each year, from their o�;Jn numbers, choose a Vice-Chairman. At any meeting oi the Commission, i-� �;he re�ular Chairn�an is unable to attend, the Vice-Chairman shall act in his place. lC CREATION f�IEf�ff3ERSl f I P Commission members may resign or be removed from office by a . VACA�ICY majority vote of the City Council. At�em�t shall be made to have all City tvards represented on the Cornmission. The Commission member � appointecl to fill any vacancy shall serve for the remainder of the vacateci t.erm. ____. . - 1Q1.03 Scope �� The Parks and Recreation Cammission shall aci; as an advisory Commission SCOPE to the Planning Commiss�ion for eontinuous community planning and development of comprehensive Ci�y goals and policies. Any change in related community planning and comprehensive City goals and policies �r . must be revie�,�ed by the Planning Cammission who will then make recommendations to the City Council. � ' �' ' I' The Parks and Recreation Commission shall advise the City P�lanager and Cii;y Council on operation of a program of parks, playgrounds, and public recreation. If any part of the public recreation prograrn of the communityis administered directly by any public or private ager.�Y oi.her than the City, the Commission shall have power to make cooperative agreements with any such public or private agency for 1;he purpose of coordinating all the activities and facilities in- clud�d in such public recreation program. The Commission may make use of public property assigned i:o, or of private property leased or other4vise made available for pubiic recreationa� use. Upon recommendation of 'the Commission, the Council shall determine what land is to be acquired for recrea�ional purposes, what land the Commission shall be permitl:ed to use in carrying on its recreational program, and what buildin�s oi� other permanent structures are to be const;ructed upon such land. The Commission shall advise the City Council upon such mati;ers and shall or�anize and revicw the operation of facilities made available to it for reci,eational purposes, but it shall have no authority to acquire land in its own n�me o�r withou� the consent of the governmental unit in whose name�such land is to be acquired. � ' � r Or�inance No. Chapter ].01 Continued _�_ The Parks and Recreation Comm�ission shdll advise the City Council in the development of programs to give increased effectiveness and direction in implementing estai�lished City goals, policies and framework, and recommend actions as needed to provide park and recreational opportunities. 101.04 Po���er In order to carry on responsibilities provided herein, the Com- mi ss i o�� sl�� 11 have po��rer �:o : - l. Adopt rules �For its mcetings and the tr�ans�ction of its business ' governiny �;he use by the public of tf�e recreation facilities under its control. � 2. Consen�: and approve the report by t���e �'a��ks and Recreation Director regarding personnel necessary to carry out the responsibilities of the Departn,ent. ' ' 3. Accept gifts of real and personal pro{�erty for public recreational purposes, subject to the prov�isions of Sectioi� 101.03. 4. Provide for maintenai�ce and care of public property �-�hich has been assigned to it for public recreational purposes. ' 5. Perform tvhatever other ac�.s are reasoi�a.bl e and necessary anci proper i;o carry out the Commission's responsibilities under this ordinance. � 101.05 Proqram The Con�mission shall each year prior to June l, prepare a capital � imp�rovements progt°am for parks in�provement and acquisi�.ion and for public recreation activities for the ensuing year. Such. budget shall be submitted not later• than June 1 to the City Manager. The Commission shall not itself 1evy taxes or borroti� money; and it shall not approve any claims or incur any obligations for expenditure. 101.06 /ldminisi:rative Stafi' 7he City hianayer sha11 assign one member of the Administrative Staff � to serve as secre�;al,y to the Con�mission. The secretary s{iall perform only such clerical dui:ies on behalf of the Conunission as may be assigned by tf�e Chairman with the consent of the City P�lanager. Additional advisory staff may be assigned to the Conunission by the , City t�ianager within the restraints of the adopted general fund budget. Administrative Staff shall be limited to Commission level. � POLJER PROGRAM ADMINIS- TRATIVE STAt=F ' . , . . - . . . . .��, � r IJ ' ' iJ , Ordinance No. Chapi:er 101 Continued. 101.07 Pro,7ect Commi ti:ees -5- The Commission may es�;ablish special projc�ct committees to furl;her the objectives of the Con,�nission and provide for yreater citizen pa}°ti ci pati on. Such pro iect cor��,���i ttees sl�a11 be appoi ntecl by �Lhe Comrnission for special ��rojects and shall ccase to exist ��ahen their activities are completed. The qualifications for membership, cornpo- si ti on and d��ti es of sucl� projec � ccm!7i t:t:ees shal l be ai: the di screti on of the Cornn�issi�►�. The projec�� coin�ratteeshall be chaired by a member of the Commission.� . 101.0� Comqensation The members of �;he Commission shall serve without pay, bui; may be , reiml�ursed for �:ctual expenses i f funds i.here i or°e are provi ded i n the adopted general fund budget. , 101.08 Funds For the purpose of financing �;he parks and recreation program ' authorized by �:his chapter, the accounting shall be the responsibility of the treasurer of the City. The Cornmission shall be authorized to establish charges or fees for the t°estricted use of any facility ' or �o make any phase of the recreation program.v,�holly or partially self-sustaining. Any employees who handle cash in the process of collection shall be bonded. - ' 101.09 Reports � . In mai:ters relating to the recreation program, personnel and , � finances, advisory reports shall be made direc�;ly to the City Council through the City P-lanager. ' 1�latters relating to property purchases, capital improvements and facilities shall be reported to the City Cour�cil �Nith recommendation of the Planning Commission. ' 101.10 Annual Report The Commission shall, as soon as possible after the end of each , calendar year, present to the City Council, a comprehensive annual report of its activities. , '. I' � ' 101.11 Meetings 0 lE PROJ�CT C0�'�P�ITTEES COMPENSA7IOIV FUP�DS REPORTS ANNUAI_ REPORT Meetings shall be callcci by the Chairman and shall be held as necessary MCCTIPdGS to fi��lfill the responsibilities of the Commission. /111 meetings of the Commission shall be open to the public. htinz�tes sha)] be kept of all meetings. Fii�dings rind recommend�ii:ions shall �e transmii:ted by t;he Gommission Chairman ta ti►e Planning Commission. , Ordinance Na. � CHAPTER 1?_]. ENVIROi���iEPdTAL QUALITY COi�1MISSION 121.01 Title This organization shall be known as the Environmental Quality Cor�ni ss i on of 1;he Ci �:y of Fri d 1 ey. 121.0?_ Definit7on For purposes of this ordinanc�, the environmeni; is defined as a11 of the natural physical resources of air, land, surface and sub- surface �•Jater, the hiotic resources, i;he rnan-made environment. Environment includes �he sensorily perceived features of noise, sight and smell, all plants, t�rildlife and man himself. 121.03. Purpase The Commission is established to stimulate i.terest in, and to promo�Le an a��rareness of, environmental concerns amonq citizens of the City of Fridle,y; �;o serve as resource agency to tne City on matters regarding the environment, including information on environ- mental problems, laws, {�olicies and regu1a�;ions of the count,y, metropolitan, state and federa1 levels to the extent of their affect on Fridley; and to advise the City Cour�cil, the City ��anager and other appropriate City Commissions on matters per�;aining to the maintenance or impro��ement of the environment, including the review and reco�»mendation of p�°ograms and policzes wiihin the City. 121.04 Scope ' ' The Environmental Quality Commission shall act as an advisory Com- mi ss i on to the Pl ar�ni ng Con;mi ss i on for conti nuous communi ty pl anni ng and development of the compreheiisive City goals and policies. Any � change in related communi�y planning and comprehensive City goals and policies must be revie����ed by the Planning Con�mission who will then make recommendations to the City Council. �J '. � .� ' The'Environmental Quality Commission sha11 advise the City Council in the development of programs to giv� increased effectiveness and direction in implementing established City goals, policies and frameGVOrk and recoti�iinend actions as needed relevanL to the environi»ent. 121.05 Membershi The Commission Chairman siiall be appointed by the City Council and sha11 also serve as a member of the Planning Commission. Thc Commissi�n shall consist of five memt�ers, all members shall be appointed by t:he City Counci] for three year terms, except the City Council shall stagc}er the appointments so that the terms of no niore th�n ttvo members sh�ll expire in any one ycar. Attemp�: shall be mad� 1:a have all Ci�:y ���ards �°eE�resentcd on the Commission. Upon the expi r��ti on of i:hei r terms oi' offi ce, met��bers shal 1 canti nue t�o serve until their successor shall have been appointed. 1F TITLE DEFINITIO�v NURPOSE SCOP� MEP�I6ERSHIP � r Chapter 121 Cantinued. 1G The Co���ni ssi on shal l each ,year, from ii�ei r own nurnbers, choose a Vi cc•-Chai rman. /lt; a.ny mee�:i ng af the Comrni ssion, i f the regul ar Chai rrrsan i s una�1 e to atter�d, the Vi ce- Chai rman sha11 act 7 n hi s place. Co�n��ission members rtiay resign or be rei��oved from office by a VACANCY majori ty vote o�F i:he Ci t:y Co�anci 1. /1t�;cmpt shal 1 be n�ade to have � all C�ity 4��ards representec( on the Coir.mission. The Co�nmission me►llber appainted ia fi11 any vacancy sf�all serve for �l;he remainder of the vacated term. 121.07 Organization Following the appointment of the membersl�ip, the Commission shall meet, oryanize and elect any officers except Chairman as it deems desirable. u The Chairman shall assure fulfil1ment of the follouling responsibilities in addition to those otherti��ise described herein: 1. Call and preside over meetings of the Commission; 2. Appear, or appoint a representat�ive to appear, before any City Commission or the City Council to present the viewpoint of the Com- mission on matters pertaining to the environment as it relates i:o the business under consideral;ion by said Con����ission or Council; 3. Review the agendas and minutes of the Planning Commission, Recreation Comm�ission, and any other establisf�ed City Commission at the discretzon of the Chairman and inform the Commission of matters contained therein relative to �;he environment; and 4. Provide liaison wi�h other governmental and citizens` groups in matters concerning the ei�vironment for the purpose of obtaining tim�ly and relevant informa�ion for consideration by the Gammission. 121.OII Adminis�:rative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission.• The secretary shall pet�form only such clerical duties on behalf of the Commission as may be assigned by the Chairman Gvith the consent of the City Manager. Additional advisory staff may be assigned to the Commission by the Cii:y Manager ti�ithin i:he restraints of the adopted general fund budget. The Administrai;ive Staff sr�all be limited to Commission level. ORGANIZATIOfd ADMII�II S— TRATIVE STAFF � r ' ' � � � � Ordinance No. Chapter 121 Continued. 1?_1.09 ('roject Co�»�nittees � The Commission may establish special project committees to further the objectives ofi� the Conunissio�� and provicie for yreater citizen parti ci pa Li or. Suc�� pro ject cornmi t�(:ees sha l 1 be appoi nted by thc Commissian for special projects and shall cease to cxis�L ���hen their acti vi �:�i es are compl eted. The c{ual i fi ca ti ons for mernbershi p, comno- sition and dui:ies of sucl� project committ.��es shall be at the discretion of the Commission. The project coi����� t;te� sha11 be cha�i red by a m�mber of the Commission. 1?_1.10 Compensation The members of the Commission shali serve �Nithout pay but may be reimbursed for actual expenses if funds therefore are provided in the adopted general ��und budyet. 121.11 Re�orts , The Commission shall mal:e such reports as requested by the City Council or Planning Commission and shall prepare an annual report of its activities no� later than August l. � 121.12 ��leeti ngs � 1H PROJECT COPihtITTEES COMPENSATIOi� REPORSS ' Meetings shall be called by �;he Cf�airman and shal1 be held as necessary MEETINGS to ful fi 11 the responsi bi 1 i ti es of the Coirrni ssion. A11 meeti ngs of the Commission shall be open to the public. r�Sinutes shall be kept of all ' meetings. Findinns and recommendations shall be transmitted by the _ Cotnmission Chairman to the Planning Commission. � CHI�PTER 12?_. HUP�A�� RFSOUfZCES COP�MISSION � ' � r- ' . I� _1 � 122.01 Title This organization shall be knoiti�n as the Human Resources Commission of the City of Fridley. , 122.02 Purpose The purpose of �he Commission is to promote intensified communi- cation and protection of just and equitable rights among all resi- dents of the community; to promote harmonious re1ationsf�ips among people of all races, religions, ethnic groups, social/economic status, ages, gei�der, physical, mental and emotional disabilities and diverse life,styles; to promote understanding and equal opportunity in employment, housiny, public accommodations, and pu�lic, cultural and educational services; and full participation in the affairs of ti�e City of Fridley. �, TITLE PURPOSE it � ' , Ordinance ��o. Chapter 122 Cont�inued. 122.03 Scope � The Human Resources Commission shall act as an advisory Commission to the Planning Coinmission for continuous community planning and devel op���ent of contpreh�nsi ve Ci ty goal s and pol i ci es . /�ny change i n related communi�y planning and comprehensive City goals and policies must be revie��red by the Planning Co»,mission tvho will then made recom- mendai;i ons to the Ci i:y Counci 1. The Numan Resources Co�nmission shall advise the City Council in the � development of pro�rams to g7ve �ir�creased effectiveness and direction in impl ei+�enti ng establ i shed Ci ty goal s a��d pol i ci es and recoinmend actions as needed to provide equal opportunity in the community. ' ' ' ' � 122. 04 Mnn�ber� hi p The Cvmmi ssi on Chai rrnai� si�al 1 be appoi nted b,; t;he Ci ty Counci 1 and shal 1 al so serve as a memt�er of �Lhe Pl anni n� Con�rni ss i on. The Commission sha11 consist of five members, all members sha71 be appo�inted by the C�ity Council for three year terms, except the City Counc�il shall stac?ger the appointm�nts so tha�f: the terms of no more tl�an t�vo membe��s shall ex�ire in any one year. Attemp� shall be made �:o have all City wards represented on the Ca�i;�nissio►�. Upon the ex�ira�ion of their terms of of�Fice,'members shall co»tinue to serve unti] their successor shall have been ap�o�in�Led. The Corrmission sha1i each year5 from th�7r o��an nun�bers, choose a ' . 1�i ce-Chai rman. At any meeti ng o�F i:he Cornmi ssion, i f the regul ar Chairman is unable to atiend, the Vice-C�airr��ai� shall act in his place. , 122.05 Vacancy Il , 1 ' � U � lI SCOPE 1�1EMQERSHIP Commi ss �i on members may rc�si gn or be removed from of-fi ce by a V/�CANCY majori�:y vote of the City Council. Flttempt sf�all be made to have all City ��rards r•eE�resented on the COR11111SS10t1. The Commission member appoin�:ed i:o fill any vacancy shall serve for the remainder of the ��acated term. 122.0G Administ��ai:ive Staff The City Manager shall assign one member of the Administrative Staff to serve as secret�ry to the Conrmission. The secretary shall perform only. such clerical duties on l�ehalf of the Conunission as may be assigned Uy the Chairman t�ith the consent of the City hlanayer. Additional advisory staff may be assigned to the COIl1Il11SS1011 by the City P•1a►�a�er within the restraints of the ��dopted general fund budget. The Administrative Staff shal�l be limited to Commission le�el. 1 � '. ADMINIS- TRATIVE STAFF � ' ' � � � , , .' � , , � � � ' � nance o. Chapter 122 Continued. -�0- 122. 07 P�ro,7ect Coirmi ttees � � The Con�mission may establi:h special project commi�:tecs to further the ot�jec �i ves of the Commi ss i on and provi cie for yreater ci ti zen parti ci pat;i on. Such projec�: con,mi ttees shal 1 be appoi nted by �;he Commissian far spcc�ial project:s and shall cease to exist when their activities are co�npleted. Tf�e qualifical;ions for membership, compo- sition and dut�ies of such proj�ct cammit:tees sha11 be at the discrei;ion of t1�e Con�mission. The projec�: committeeshall be chaired by a member of the Co�»rnission. 122.Op Co,npensaLion The membcrs of the Commission shall serve ��rithout pay but may be reimbursed for actual expenses if funds thcrefore are provided in the adopted general fund budget. 122.09 �eports The Commission shall prepare such reports as requested by the City Council or f'lanning Commission. 122.10 f�l�eti n�s lJ PROJECT COtrP�tITTEES COMPENSATIOP� REPORTS h1eetings shall be called by th� Chair��an ar�d shall be Field as necessaf°y ��1EETIi`!GS to fuliill the responsibiliti�� of th� Cc.r���iission. All meetings of the Commission shall be open to i:re public. f��iinutes shall be kept of all meeti ngs . Fi ndi nc�s � nd reccr:r,;; �dati ons shal l be transmi tted by the . Co�rmi ss i on Chai r,r,an to the F'l ��t���i ng Commi ss ion. . SECTIOPJ 205.18 APPEALS CO�ri('�IISSIOiV Af�D VARIANCES 205.13J. Creati on of l�ppeal s Com!>>i ss ion 1. The Council hereby creal:es an llppeals Commission to serve as the Board of Appeals and Adjustments and �o exercise all authority and perform all fui�ctions of said Qoard pursuant to Minnesota Statutes 462.351 to �62.364. 2, h1ernbcrshi The Commissi�n Chairman shall be appoin�:ed by the City Council and shall also serve as a member of the Plannii�g Commission. The Commission shall consist of five members, all inembers shall be appointed by the City Council �for three year terms, except the City Council shall stagger tlie appointmenL-� so thai: the terms of no more than two members shall ex��ire in any one ycar. Attempt shall be made to have all City tdards rcpresented oii the Commission. Upon the expiration of their terms of officc, memGers shall continue to serve until their successor shall f��ve been ap{�ointed. ORGANIZATIO�, OF AI'PEALS COMh1ISS ION MEt�QERSHIP Ordinance No. Section 205.1II Continucd. -11- The Con�nission shall each year, from their o���n numbers, choose a Vi ce-Chai rm��n. /1t any meet�i ny o�f the Co;r,ni ss i on, i f the reyul ar Chairman is unable to attend, the Vice-Chairman shall act in his place. 3. Vacanc� • lK Commission rn�mbers may resic�n or be removed from office by a VAC/1NCY majori ty vote of the Ci ty Co«nci 1. l�i:�:empt shal 1 be made to have al1 Cii;y t��ards re�presented on the Commission. The Commission member appointed to fill any vacancy shall scrv� for the remainder of th� vacatecl term. �• Scope a) The Appea.ls Commissioi� shall act as an advisory Commiss;on to the Planninq Commission for continuous community planning and development of the comprehensive.City goals and policies. Any change in rela�:ed cominunity planning and comprehensive City go�ls and policies must be reviewed by the Planning Commission wno wi 11 then maE:e recommendati o�s 1;o tlie Ci ty Counci 1. b) The Comi��ission shall have the po���er and duty of hearing and , r�commending to the City Council us herein provided, appeals or requests in the fo1lowing cases: , ' ' � � , ., L� , 1. Appeals G��here it is alleged that there is an error in any order, require�nei�t, decision, o�° determination made by an administrative officer in the enforcement of this chapter or of the Uniform Quilding Code. 2. Requests for variai�ces or of the Uniform Quilding Code from the liieral prov�isions of this chapter in instances where strict enforcement tvo�ild cause undue hardship because of circumsi:ances unique to the individual property under con- sideration. In recommending a variance, tl�e Commission, and the Council on approval, may impose conditions to ensure compliance and to protect ad�acent properties. 5. Administrative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The secretary shall perform only such clerical duties on behalf of the Commission as may be assi gned by the Clldl l�man wi th i:he consent of the Ci �;y Manager. Additional advisory staff may be assigr�ed to the Commissior� by the City P1anager within the restraints of the adopted general fund budget. The Administrative Staff shall be limiteci to Commission level. SCOPE POtJERS AND DUTIES ADMTNIS- TftAT I V E STAFF Ordinance No. _1z- - � 1L Section 205.1II Continued. G. Projeci; Committees The Commission may establish s{�ecial project committees to further the objectives of the Commission and provide for greater citizen participation. Such project committees shall be appointed by the Cornmission for special projects and shall cease �o exist when their activi�;ies are comple�:ed. The qualifications for membership, compo- sition and duties of such project COilll711tt('�S shall be at the discretion of i:he Commi ss ion. The projec�: con�mi ttee shal 1 be chai red by a member o�= the Com�nission. 7. Compei�sation The members of the Commission shall serve wi�:hout pay bu�: may be reimbu�°sed fo�° actual expenses if funds therefor� are provided in the adopted general fund budget. 8• Reports The Commission shall prepare such reports as requested by the City Councilor Planning Commission. 9. 1�1eetin s� PROJECT COMMITTEES COMPENSATIOf� REPORTS ' Mee�;ings shall be called by the Chairman and shull Ue held as necessary MEETTNGS to fulfill the responsibilities of the Commission. All meetings of i:he Commission shall be open to the public. h�linutes shall be kept of all ' �� meetings. Findings and recommendations shall be transinitted by the Com��ission Chairman to the Planning Commission. ' 205.182 Peti ti on by O�F��ner A�L any time arithin thirty days, any property oi�aner who deems himself PETITION QY ' aggrieved by an alleged error in any order, requirement decision OWNER d� b an administrative office in the e rrForce- ' , �I � �_J ' or deterim nat�on ma � Y eal to the A eals ment of this chapter which affects his property, may app pp Commission by filing a written appeal with the City Manager. Ti�e appeai shall fully s�Late the order appealed from the facts of the matter, and a1so the mailing address of the oc��ner. 205 1£33 Recornmendation by Appeals Commission Within thirty (30) days after filing an appeal from an administrative order or determination, the Commission shall set a date for hearing thereon and shall hear such persons as want to be heard, eii:her in person or by agent or attorney. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the �erson or persons who file the appeal. Within a reasonable time, after the hearing, the Appeals Coin�nission shall r��ake its reconimendation forward a copy of such recommendation to the City Council. H RECOMMENDATIOP QY APPEALS COMMISSION and r , ' � nance Section 205.18 Continued. 205.1�4 Record o� Action Taken 1 h1 The �ppeals Coi7�missionshall provide for a record of its proceedings, RECORU OF which shall include tiie minutes of its meeting, its findings and the ACTION TAKEN recommendations made on each mati;er heard by i1;, including its final recommendation. 205.1�5 Variances The C0111f111SS10i1 fild,y 1"EC0111111�11C� variances fl�om the strict appli- cation of th� provision o1= this cl�apter and in�pose conditions and safeguards in the variances so granted in cases where there are practical difficulties ot° particular° hardships preventing the strict application of the regulai;�ions of this chapter. An appli- cation for a variance shall be fiiled ti��ii:h the zoning administrator and sha11 staie the exceptional conditions and the peculiar and practicai difficulties clain�ed as a basis for a variance. 205.186 Action of the Council The Council shall at its next regular meeting after receiving the r recomn�endat�ion of the Appeals Commission decide on the final action � to be taken. , , ' ' � � 205.187 Lapse of Variance by Non-use Whenever within one (1) year after granting a variance the recipient of the variance shall not have completed the ��rork as p°rmitted by the variance, then such variance shall become iiull and voi� unless a petition for extension of time in which to complete the work has been gi°anted by the Cominission. Such extension shall be requested in vrriting and filed with the City P�1anager at least twenty (20) days before the expiration af the original variance. Tiie request for ex- tension shall state facts sho�ving a good faith attempt to complete the work permitted in �:V�e variunce. Such pe�;itior� shall be presented to the Appeals Commission for hearing and decision in the same manner as the original request for variai�ce. ' CNI�PTCR 216. COf�1P1UNITY DEVELOPMFNT CO(r1f�11SSI0N �- II � �I , � 216.01 Title This Commission shall be known as the Community Development Com- mi ssi on for° the Ci ty of Fridley. 216.02 Purpose The Community Development Commission is established to promote and maintain high quality community star�dards �;o ensure a well balanced and orderly development, rehabilitation and redevelopment of the City of Fridley; including, but not limited to economic development, yndustrial and commercial development, housing, transportation services, public utilities, community improvement projects, and other related development activities. � VARIAf�CES ACTION OF THE COUNCIL LAPSE OF VARIA�;CE BY �lOi'd-USE TITLE PURPOSE � ' Ordinance No. Chapter 21G Continued. ?_16.03 Sc�p� -14- The Community Devclopment Commission shall act as an advisory SCOPE , Cammission to the Planning Commission for r_ontinuous community planning and development of the comprehcr�sive Cii:y goals and pol�icies. Any chanyc in relai;ed com�nuni�y pl�nniny and corn{�rehensive City goals and � policies must bc revie.ved by i:he Planning Commission vrho will then make recon�mendati ons i:o the Ci ty Counci 1. , � � , ^ Ji .� I � ' , ' ' , � I ' , The Corn�nunity Develon�nent Cominission shall advise the City Council in the de��elopmen.� of programs to give increased effectiveness and direction in imple�n�nting established City goals, policies and frame���ork, and recor�mer�d actions as needed relevant to the physical development of the Ci�:y. 216.04 ��iember��_hi_p The Comm�ission Chairr,an sh�ll be appointed by the City Council and shall also serve as a member of the Planning Commission. The Commission sha11 cor�sist of five members, all members shall be appointed by the Ci�:y Council for three year terms, except the City Council shall stagger the appointments so that the terms of no more than tti�ro members shall expire in any one year. Attempt shall be made to have all City wards represented on the Commission. Upon the expiration of their terms of of�ice, members shall continue to serve until their successor sha11 have been appoin�;ed. The Commission shall each yC�,r, �rom their oG•�n numbers, choose a Vice-Chairman. At any m�eting of tr�e Carnmission, if the regular Chairman is unable to attend, the Vice-Chairman shall act in his place. ?_16.�5 Vacan 1N NEPdBERSNIP Commission members ma,y resign or be removed from office by a VACANCY majority vote of the City Council. At�;empt shall be mude to have all City t,rards represented on the Commission. The Commission member appointed to fill any vacancy shall serve for tl�e remainder of the vacated term. 216.06 Administrative Staff '- The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The secretary shall pe�°form only such clerical duties on behalf of the Commission as may be assic�ned by the Chairman with the consent of the City Manager. Additional advisory staff may be assigned to i;he Commission by the City Manager-�vii;hin the restraints of the adopted general fund budget. The Administrative Staff shall be limil;cd to Commission level. ADMINIS- TRATIVE STAFF ' ' . . . . . .,,,,.rt, . . • ,�.,� 1 � ' ' Cha�>tcr 21G Cantinued. 216.07 Project Commi�tees The Commission may establish special project committees to further the objecti ves of the Com�ni ss�i on and provi de for yreater c'i ti zen particir�ation. Such projecL committees shall t3e a�painted by the Commission for special projects and sha11 cease i;o exisl:t��hen their ac�;ivities are compleied. The qualifications for me�nbership, compo- s�tlon and duties of� such project committees sha�l be at the discretion of the Conm�ission. The project comn�i ti;ee shall be chaired by a member of the Cor�mis�ion. 216.0� Compensation 10 PROJECT COP�MITI�CES ' The members of the Cominission shall serve without pay but may be COMPENSATIOf�d reimbursed for actual expenses if funds therefore are provided in the adopted general fund budyet. , 216.09 Reports The Comrnission shall prepare such reports as requested by the , City Council or Planniny Commission. 21G.10 f�ieetinc,s � _. _ REPORTS t�ieetings sf�all be called by the Chairman and sha17 be held as necessary MEETII�GS to �Ful fii 11 the responsi b�i 1 i ti es o�f �;he Commi ssi on. Al l n}eeti ngs of the . Commission shall be open to the pub1ic. fiinutes shall be kept of all meetings. Findings and recommendations sha11 be transmi�:ted by the Cammission Chairman �to the Planning Commission. ADOPTED E3Y THE CITY COUI�CIL OF THE CITY OF FRIDLEY THIS DAY OF 1975. AT7ES7: CITY CLERK - MARVIN C. aRUNSELL First Reading: Second Reading: Publish.......: MAYOR - WILLIAM J. NEE r. 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(n ._:. ��� +... �, �� C�.� .� � °�`',. ��b�'^�. � �p e°... , � O d ,.. • ""...d. � � �� 2.. Q ^i�... � 3"�� J ].. � � r � >- CY �, M ��'� N S •.�� '�, ..,�,i� �� ,A`�` � � .,-I � � N .� � � � S-I O N Pi 0 ro � N m o � a X }�.� w p, ' U1 •.. � �''-� � a� J ` � .�n F"'�`\.�n � L.� ¢ �S�-., �i >- ' } ` •�-I CV R�•.,� f") � � � � �. \. �'. .�..� �i .,� � �o • r� �� � � �' � � � � �� � o, o, `�rn � .-r .�s. .-r .r N N � � W � E w w a+ o � a C K a� o `�.� � F- �� � U Q � J � - p ..�p � � ' O � � 0 ��� �y y� ��; 3 f.. LNry `-Z L � L . )., >- �- � >- ��- O • • � � p� `c N '") M. � 0. C7 2 SL _ .. e O ' M M� � N 'N 1 � 3 � 3 _'t 3 . . . . s . • . ' -� � P�Iarch 20, 1y75 The Honorable ��7illiarn Nee i�tayor City of Fridley, 21y IV� Lo�an Parkway Fridle��, Mn. 554.32 l�ear Bill: I offer my resi�na-tion from the k'ridley Cable Television !�dvisory Committee. I will sexve un�il my successor is appointed and qualified. I find I must withdraw from the Comission's activities because of tne press of du;,�±,es in m�,r job and the responsibilities I have as president of a state�aide or�;anization. I found the Cabl.e Comission's duties and role most stimulatin�, and rewardin�. I believe -the Commission must be diligent in ii�s tasks of re�ulat:inf; and guidin� the development of cable television for the benefit of F'ridley citizens. It was a pleasure to so serve the City. I would observe that it seems important to me to ha.ve a member on the couunission who is knowledgeable about tne technical aspects of the media--such as a ph�rsicist or engineer or electronic expert. Further, I hope m�- replacement would be com.��itted to hel�in�; the cable television franchisee develop the �'u11. potential of the industry for Fridley within the confines of t;he regulatory process. It is with re�ret that I must withdraw from the Commission. At some later tirrie, I hope to have the time to paxticipate in tne cnble television activities for tne benefit; of the city. Most sincerely yours, /���/4 Barbara L. Hughes 548 Rice Creek Ter. Fridley, Mn. 55432 ' . - 1S 6716 7th Street N.E. Fridley, Minnesota March 25, 1975 The Mayor and City Council City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Nee and Members of the City Council: It is my understanding that a vacancy now exists on Fridley Cable Telev__sion Advisory Commission. This l.etter is my request to be appointed to that vacancy. My reasons for requesting this appointment are as follows: I have been a resident of Fridley for more than two years during which time I have felt a strong desi.re to participate in public affairs in an area best suited to my background and abilities. These include a lifelong interest in communications, science and business. My background in these latter two areas is summarized by stating that T hold a doctorate in the physical sciences and am currently employed as senior staff scien�ist at Med-tronic, Inc., one of the largest technical corporations in the Fridley area. �n this position I have gained some experience working with the.legal as well as the technical side of modern business. I have recently graduated from the Public Access Television Class in the Adult Education Program. Through this class T learned much about the technical aperations of cable television in Fridley. It is my desire to see cable television developed in such a way that the citizens of Fridley obtain all those benefits they have a right to expect from any such exclusive franchise holder. Thank you for your consideration. Sincerely you rs, ' �� "�-sz , ;G��"_ �r, . ,".�cv-wr�.�--.. J, Kenneth R. Brennen I�KRB/mm �' ' . � � MEMQ E0: The City Cauncil FROM: Bill Nee ' RE: Citizen Commission Appointments , 1 April 2� 1975 , ����. G�,� �.�. , .. � �-G�- �-•--,�.-�.-.-"�i' �,. �,i � E,C ! .�' This current round of citizen appointments will be my 8th time at dealing with the problem, not including the various interim appointments. I believe I've gained some insight out of that much experiencem, and T would like to share some of these thoughts with you. ' Mainly, I would like to advocate the adopti�n of some kind of process that will make it possible for us to consid�r a selection of candidates for each nomination, rather than just one. � � ' To do this, I think some kind of balloting procedure is indicated in which seve ral�can be nominated, a ballot taken to reduce the choice to two, and the candidate receiving the most votes in the second baZ7.ot would be nominated and appointed, This would contemplate nominations £or each seat without reference to Wa�ds. Each Council member could nominate for every seat,,, even nominate more than one for each seat, I would hope the nominating member would give a short written statement for each nominee. These nominations could be presented to the City Clerk who could prepare a ballot, and include the summary statements on the side. City Clerk could then count the Primary Ballots and prepare another ballot comprised of the top�two for each seat, * � * * * * * * * * ' I think this kind of system would solve most of the problems I have seen developl� on other occasions, and I believe would result in a , generally �etter commission system. ' � I ' It would result in a nomination by the Council, rathe r than nomination by an individual council member. '-- * * * * * * * * Let me go into some background to illustrate whg I think this is the more desiaable situation. � . ��, �� ' � � ' ' 1 ' ' ' , ' � I , Nee memb pg. 2 In th e past, the question of who gets appointed is pretty well settled by settling the question of "E�ho gets to nominate." That's because, for all practical purposes, nomination has been equal to election. Even thou�h a member of the Council may really lack confidence in the nominee, it's very rare that a NO vote is cast. (And in my memory, a nominee has never been rejected by a majority,) So in the past the problem has been how to alloca.te the right tm nominaie. This has put an unusual burden on the Mayor on some occasions because of the Chairman°s power to determine which Couneil. member is to be reco�nized io�r purpeses of making a nomination. Tn this situation, using the power to "recognize", a Mayor who chooses to do so can determine the nomination. (You may recall this happened in the instance of the appointment of David Harris to the Park Board, even though there had been a tacit understanding that the vacancy would be a Ward 3 appointment,) Of course, I am willing to use this power of the Chairmanship if we can't work out some other orderly process. But I would be very rel.uctant to do so. ` I would strongly prefer a process whieh produces a bonafide Council nomination, rather than a personal member°s nomination, * * * * * * * Over the years I think three kinds of nominating patterns have been seen: 1. The Council majority "brokers" out a"slate" of nominees, Thru various negotiations three members develop a majority ticket and allocate just about everything, This was (or seemed to be)the pattern used in the period of 1966-70,� In my judgement it is undesirable in that it reduces (or tends to reduce) the diversity of opinion expressed in the commissions, It is also unfair to minority members. 2. There have been attempts to establish "gentlemen's agreements" (sorry Carrol) to allocate the right to nominate. For example, such an agreement might permit each member to nominate one member on each committ�e, similar to the plan presented by the administration. There have been a couple of problems with this. � ' ' ' ' � Nee memo Pg• •� / (a) It tends to result in narrowly parochial appointments. On occasion, the best appointmeht may not be made because the person is in the wrong ward, (b) The process has only been hono�ed to the extent it suits the majority interest. Z mentioned the instance wherein the Park Board seat which traditionally had been a Ward 3 appointment was actually preempted by the majority and resulted in the appointment of Dave Harris9 which created a substantial dist�rtion of ba�ance on the Park Board, �. Finally, there has been. on occasion the situation where the Mayor ' dominates the process by using the Chairman's power to "recognize" the Council member of his choice for purposes of no�ination. This, too, is an obviously undesirable practice, ' � ' None of these three patterns seem right to n.z, For one thin�, none of them give sufficient recognition to possibly unique t3�lents of the individual citizens who would be willing to serveo They do not give enough protection to the rights of minority memberso They tend to place too much weight on "political" �� considerations, And Finally, they are obviously in conflict with the spirit of the Open Meeting Law. They all depend on some form of prior private understanding, ' The proposal offered by the staff attempts to solve the problem by formalizing an agreement which would give each member the right to a particular pattern of nomination, In effect, it is an extention o of pattern #2 above, with the enhancement o£ making the process both ' • formalized and public. Tn that respect, it satisfies the requirements of Open Meeting process, so is a step in the right direction. best � But I think it presents real. prob�ems of getting the /z`��kf�/ people into tli e various committee slots. , It makes the nominations "personal" nocninations instead of beoader, Counc il nom inat ions . Whether or not ' the role of the for the city. u i� � iI� , this is desirable probably depends on your view of commissions and what you want them to accomplish * * * * * * * Nee memo Pg 4 How Do You See The Commission Work? All too of�en City Council majorities try ta stack the committees so that the couunittees tell the Council what it wants to hearo I suppose this has some practical advantages in projecting the image of a "smooth-running administration." And it's more difficult for each of us, politically, to vote against the recommeddations of a citizens committee, But I don't believe it is desirable to "stack" committees with anly citizens who think as we do. I find the committees most useful to me when there is a wide diversity of points of view. This gets most of the pros and cons out on the table, and gets the question pretty well exmmined and debated before it comes to us. , To me, the best members are honest, dedicated, having some order of special talent, interest or insight, and who can articulate divergent � points of views which should be heard and reeonciled, That's why I ' will continue to support several peo �le with i�hom I of�en do not agree, such as Tom Myrah, Bill Drigans and Virginia t,lahlberg, Because they present arguments I must consider if I am to do my own jab well, * * * * * � * * * * Tf I understand correctly our plan to re-vamp the planning commission, especially with reference to the sub-committees mf the Human Resources Commission and the Environmental Quality Commission, the problem of matching the commission members to areas of specialized interest becomes even more important. For example: We have the Environment�� Quality Commission, If each of the members of this commissian also headed a special-interest sub-committee you might have a situation like this. Chait�nan and member of Planning Commission Member and Chmn oi Water Resourees sub Member and Chmn o£ Physical Dev. Review Member and Chmn o£ Air & Noise Member and C hmn of Environmental Education � � � ' ' Nee Mamo Pg. 5 � � Or another: The Human Resources Commission might end up having the following sub-committees. Chairman and member of Planning Commission Member and Chnm of Youth Activities Member and Chmn of Sub on Aging Member and Chmn of Fine Arts CoanciZ Member and Chmn of Neighborhood Activities ' If this is the way Commission members might extend into sub-committee activities, then it is o�svious that the appointees to the Commissions should have qualifications in those areas of specialization, , � For instance, i�.e member who would be assigned to the sub-committee on youth activities should certainly have special interest and talent in that field. Otherwise the sub-committee would not have the kind of imput into the total process �hat it should have, But if this is true,,.that you want to try to fit the"best"citizen into each sp�cialized area, you have a problem with the�`personal'' appointment process, ' Let•s say that the person Tim Breider wants to appoint to Human Resources when his "turn" comes is not interested in Youth Activities, Uut that is the position that needs filling, ' � ' 4�ouldn't it be better if we a.11 looked at the several people who have expressed strong inter�st in Youth Activities, and then make the choice as a Council nomination? Implementation * * � * * * * * * � If you decide� this general concept is the way you wo�ld like �o rroceed in the future, I would suggest that it be written up and adopted as a Council P,ule, � � ' �i � This would provide a forcaal statement of the process, and yet, of course, would be subject to change by a majority of the Council if a majority believes it is noZ producing the kind of appointments they , �a uld 1 ike. c.a,r, �� s � � m �d�'z Wm. J. Nee � � � � ' � � � � , 1 /��- I ORDINRNt;E NU. / AN ORUINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION i. 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, b, 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 Block 9, and the East Half of Vacated Main Street, lying adjacent to said Block 9, ail being in Lowe11 Addition to Fridley Park, lying in the South Half of Section 14, T-30, R-24, City of Fridiey, County of Anoka, Minnesota, Is hereby designated to be in the Zoned �istrict 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-25 (general shopping areas) to M-i (light industrial areas). PASSED BY THE C1TY COUNCIL OF THE CITY OF FRIDLEY THIS ,DAY OF ��''�``'� , 1975. ' ATTEST: C1TY CLERK -�Marvin C. 8runsell Public Hearing: March 10, 1975 First Reading: arc , Second Reading: Publish........ � ' �� MAYOR - WILLIAM J, NEE 2 ,' �� � � � , � � � � '� plannin� Comrnission Meeting - January 2Z, 1975 Page 2 #74�U8, Nerwal (tice Creek lerrace, the same being 1271 Rice Creek Road N.E. Pub]ic Hearing open. 2A Mr. Qoardman saad the petitioner had no�ified the staff that the developer of this property lived'�in Detroit, and would not be present for this meeting.� He requested that tnis request be continued until such time as the developer would be avai1able to ans��rer questions regarding the�.operation of this business. MO�XON by Drigans, seconded by�Blair, that t-he Planning Commission continue the reqUest for a Special Use Perniit, SP ;/74-17, by George Walquist, to permit the con= struction of a building for rust proofing of automobiles, etc., per Fridley City Code, 5ect:ion Z05.131 (1�,10) in .an M-1 zone (light industrial areas) to be located on Lot 5, of a proposed p1at, P�.S: #174-08, Herwal Rice Creek Z'errace, the same being 1271 Rice Creek Road N.E., u.ntil the pctitioner can have the developer of this property appear before the Plaianing Commission. Upon a voice vote, aZ1 voting aye, the motion carried unatiimousl�. � z� r,�""'__"„" �. 2. PU�LIC HEARI,. : CONSIDERATION OF A REZONING REQUEST,'.ZOA #74-05,? BY RAO MANUFl1C- TUflING COi�1PAfdY: To rezone from C-ZS (general shopping areas °°to M-1 1 ight indus- .' trial areas), Lots 3-15, Lots 'L7-32, and part of Lots 2 and 16, all in alock 9; vacated alleys in Block 9, and the East half of vacated Main Streei, lying adjacent to Block y, all being in Loweli 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. Robert A. Olson, Jr.,, President, and Richard A. Olson, Jr., Vice President, all of RAO Manufacturing Company were present. Mr. Richard Olson said that RAO Manufacturing Company was a corporation engaged t�ainly in the manufacture of sheet metal stampings, deep drawings, stamp and assemblies, along with tool and di� making, engineering and related items to this process. In 1970 �Ne purchased approximately 5 acres at 200 �1ississippi Street N.E. We went ahead with preliminary soil san�ples, etc., and also approached the Fridley City Council for lanci use approval, which was granted. At that time we mentioned that approximately hal.f this property was zoned commercial and that it would have to be rezoned industrial for our use. The Council 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 completed very shortly. We are planning to start construc- �tion on this property this spring with completion within six months. We also have a purchase agreement of a pie shaped �vedge of approximately 68 feet that was west of their property, along the railroad right-of-way. He said this 4vas part of alock 7, Lowell Addition to Fridley Park and was about 3/4 of an acre that is zoned M-1. He said they were proposing to construct a building of about 50,OOQ 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 of the property. The reason for building at this location was because of the underpass project on Mississippi Street, which will limit our access to ti�e building to the Easterly portion of the property. Any futu-re 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. tioardman said they did have an option on the location of the building. T;f for some reason, the rezoning was denied, they could locafie the building on property ,' � 2 B Planr�i•nq Commission Meeting - Januar�r 22, 1975 . Page 3 � that �Nas al ready zoned P�1-1 and use t;he C-2S zoned it wauld be better to have the property a11 under and because it would also be easier to adminis�er. � � � property for parking. Ne said one zoning, for resale purposes Mr. Robert A. Olson, Jr., said the only way they would want to use this property was ifi' it all had the same zoning. The proper�y wouldn't have the same potential otherwise. He said the proposed 50,000 square foot building could be expanded to 100,000 square feet if this property was all M-l. If they could only build on the property that was presently �oned M-1, they could only expand their building to 75,000 square feet. He said the main reason for moving their business from Minneapolis to ifiis iocation ti�ras s� that they would have room for expans�on. Mr. Harris asked Mr. Boardman that if this property was expanded to its n�aximum, woulci 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 arould need 52 stalls, and if this 50,000 square foot building was used to the maximum, we would r�ed 63 stalls. On this same .irawing, we h��ve provision for up to 100 stalls. If �^re went to the maximum of 100,000 square � feet, vre would need 165 stalls. This 4vould all be on the Easterly portion of the lot. We d�� 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 urould be somewhat determined by this factor. He said he couldn't foresee expanding this property � to its maximum in his lifetime, and who knew ��rhat mass transit there could be at 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 UJest was industrial (M-1) and the buildingrnez the requirement there. South of the property was zoned R-3, and it meets the s�tback requirement for that zoning. East of the property the zoning was C-2S, and it met the ' setback requirements. Ne 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 i00 feet. RAO Manufacturing Compa►�y �vill be going to the Board of Appeals for a front yard variance � from 100 feet to 70 feet. Mr. Qoardman said it was felt that Mississippi Street was a natural barrier between this property and the R-1 and would act as a buffer. If the variance ���as granted, we felt it was better to have this variance on the front setback �. rather than the rear yard so the building �vouldn't infringe on the R-3 zoning. Mr. Boardman continued that RAO a�ould be using berming and landscaping across from the R-1 zoning which would be an additional buffer. � '�� I� 61r. Robert A. Olson, Sr. said he �elt this was a very unique piece of 'land. In vieNr of the fact that h9ississippi Street was going into an underpass situation, the only access to all �his 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 wasr�'t even access to service the sanitary sewer line on this property from the street. He said RAO a�ouid provide access for this purpose. Ne said that no way would R�0 ti��ant' go ��head 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 saici that at the tiir�e 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. Qoardman said he thought there was about a four foot drop over the entire parking lot, and about a 2 foot drop fram �he 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% grade from the street into the parking lot of RAO. He Plannin� Commission �1eeting - Janua�� 22, 1975 Pdqe � 2 � said the'grade on mississippi Street would be�about 5%. Mr. Langenfeld said ihat he had noticed in the Council m9nutes of January 18, 1971 that Mr. Ulson, Sr. had said that they vdanted to be good neighbors, that they would save all the trees t}�ey could in the development of this property, and that truck; traffic would be kept toward the railroad right-of-way, and tha� they did not intend �heir building to be an eyesore. Mr. Dick Olson said they had gone ��rith the earthy colors for this building because tha� 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.P�, to 11 P.M. He said they have worked on the noise levels for boi:h their employees and noise coming from the building itself. He said it w��s a quiet operation, and the design of the net�r building would have the production end of the business in the center of the building. He said he didn't �think noise would ever be a problem and they had to meet the OSHA standards. Mr. Robert Olson, Sr. said he would answer the question on the truck tr:�+fic. He s��id it had been their intention of having the truc4;s use an access near the ra�lroad 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. A90TION by B1a.zr, seconded by Harris, that t1�e Planning Commission close the � Public Hearing on the rezoning request, ZOA #74-OS, by RAO Manufacturing Company. Upon a voice vote, alI voting aye, the motion carried unanimously. � Mr. Drigans questioned if this type of manufacturing was al�owed 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. Narris said he thought this was a proble�m of technology again. He said that wha�: the intention of the Code meant to exlude was forged steei r.�eia1 fabrication, but just: plain metal fabrication was something much different, such as just making metal � frames for windo�as, for instance. Mr. Dick Olson said that because of the quietness of the�r operation, he thought they would conform �to the requirements of M-1 zoning. Mr. C1ati~k said they did appear before the Cit;y Council in 1971 and got land use approval � �for this business, and were only told to get their entire property under the same zon�ing, ►vf�ich was M-1. ,� Chairman Fitzpatrick said that if there was a serious question on whether this was a permitted use in M-1 zoning, ihis should probably be continued until we get � - clarificatian. 'i , 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 plan�s are an excluded use in hi-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 t�. Olson, Sr. said that four years ago when they appeared before the Council, we were assured that we did comply with the regulations of M-1 zoning. He said 0 Planninq Commission Meeting - January 22, 1975 Paqe 5 ` 2 D Nasim Qureshi, who was City Engineer at the time, and the members of the City Counc;il did visit our plant, and they vrere satisfied at that time that this would 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 ihis quest.ion, and get the answer in writing. Mr. C7ark said that he vrould. MOTION by Drigans, seconded b� Ilarris, that the Planning Commission continue until February 5, I975, the consideration of a rezoninc}'equest, ZOA #74-05, b� R�10 Manufacturing Company, to rezone from C-2S (general shopping areas) to M-1 (light industrial areas) Lots 3-15, Lots 27-32, and part of Lots 2 and 16, a1.Z in B1ock 9, along with vacated a11e�s in BZock 9, and the East 1ia1f of vacated Main Street lying ad jac.ent to Bloc�c 9, a11 beinq in Lowe1� Addi tion to rridl ey Park, the same being 200 Miss�:ss.ippi Street Northeast, to provide the administration time to research Lhe interpretation of the language of the Code. Upon a voice vote, a11 voting aye, �he motion carried unanirnously. Mr. Robert A. Ulson, 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 Building Standards- Desiyn Control meetings as scheduled. They could make their recommendations subject to the rezoning being approved. ' 3. PU6LIC HEARING: MANOR 2ND ADDIT 12, City of Fri Central Avenue CONSIDERATION IGN W. GUSTAVE dley, County of and Highway #65 n OF A PROPOSED PL.I�T, `P.S. #75-01 , CENTRAL VIEIJ DOTY : Being a replat of Parcel 4780, Section Anaka, T1innesota, generally located between N.E., North of 73 1/2 Avenue N.E. 4. _ PU6LIC HEARING: CONSIDERATION OF A REZONING REQUEST, ZOA r75-01, CE��TRAL AUTO PARTS: To rezone from.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 extensions of the East and West lines of Lot 10, Block 1, Central VieGV h1anor, generaliy located just North of 1201 73 1/2 Avenue N.E. 5. PUQLIC HEARING: REQUEST FOR A SPECIAL USE PEf�MIT, SP ff75-Ol, CENTRAL AUTO PARTS:� Per Fridley City Code, Section 205.131, (A,B} to alloGV junk yards oi° 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 i2, City of Fridley, that lies bet�veen the Northerly extension of the West line of Lot 10 and the East lin� of Lot 16, Qiock 1, Central View Manor, to a77ow expansion of the boundaries of Central Auto Pari:s, 1201 73 1/2 Avenue N.E. .�� , Mr, Gus Doty of±Realco, Inc., and Mr. John Quzick of Central Auto Parts were present. �`�� s� Mr. Clark said these three requests should be considered together, because if the rezoning and special use permit aren't�approved, there would be no reason to plat i;his property. �� . ' . � Chairman Fitzpatrick read the Public Hearing notices on the proposed plat, P,S, �75=01, Central View Manor 2nd �lddition, by Real`co, Inc., the rezoning request, ZOA N75-Ol, 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 t� all or part of Section 47II0, Section 12, City of Fridley, whichlies between Central Avenue �'nd Flighway #65 N.E., North of ��, . I�� '� Planning Commission Meetinq - February i9, i975 Pa e 2 2 E RLCEIVE C30/iRD OF APPE�LS SUQCOMMITTEE MINUTES: JANUARY 28, 1975 MOTION b� Drig�ns, seconded vy 73.Za.ir, t1�at the Planning Commission receive the minut'es of the Board of Appea].s SubcommitL-ee meeting of January 28, 1975. Upon a voice vote, a11 votzng aye, the motion carr.ied unanimously. 1. CONTINUED: PUaLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #74-17, QY GEORGE t�111L U(� IST: To permit the construction of a building for rust proofing of autoniobiles, e�:c., per Fridley City Code, Sec�ion 205.131, (A,10), in an M-i zor�e {light industrial areas) to be located on Lot 5, of proposed plat, P,S. �`74-0�, Herwal Rice Creek Estates, the same being 1271 Rice Creek Road N. E. `�� Public Hearing open: � ' Mr. Clark said i:he petit;ioner has not responded as yet. The person who will operate this business is from out of state. He said this had been on the Planning Co�r�mission agenda for at 1east.60 d���s, so h� would write to the petitioner and tell him to respond so tha� action can be taken on this request, on2 �vay or the other. Mr. Drigans said the Planning Commission had requested specific informa- t.ion about this operation and felt that when they received this information they vaould still have to deliberate on this information before:a decision could be made. Ele said their original motion I�ad been to continue this request indefinitely. Mr. C;lar4�. said that enough tiine has passed so that action should be taken. �,, � MOTION by BZair, seconded by Lindblad, that the Public Hearing for the i�equest'for a Special Use Permit, SP #74-17, by George Wa.Zquist be continued until 17arch i'S, 1975 or�1y to a.Z1ow the admil�istration time to contact the petitioner. Upon a voice vote, a11 voting aye, the motion carried unanimously. f..p--.�'°.�".•-� � ?_. CONTINUED: PUBLIC HEARING: CONSIDERATION OF A REIONING REQUEST,iZOA tt74-05, RY RAO C�iANUFACTURI��G CO�YIPANY: To rezone from C-2S, general shopping areas to M-1, (lignt industrial areas), Lots 3- 15, Lots 27 - 32, and parts of Lots 2 and 16, all in Block 9; vacated alleys in Block 9, and the East Nalf of vacated Main Street lying adjacent to Block 9, all being in l.owell Addition to Fridley Park, the same being 200 Mississippi Street N.E. �. Public Hearing closed. Mr. Robert A. Olson, and Mr. Richard A. Olson of RAO Manufacturing Company were present. Vice Chairman Harris said that although the Public Hearing was closed, if the petitioners fiad any questions or cornments they could do so. h1r. Clark said this request was continued until �rre could get a response from our City Attorney on whether this �vas an allo��ed 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 fron� 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. MO�'ION by Driqans, seconded b� Blair, that the Planninc� Commission receive �he .Ietter from I'.110 Mancifactur,ing Company dated January 10, 1975, the memo from � Darrel C1ar.k to Virgil Flerrick, Cit� Attorney dated J�nuar� 23, 1975, and the mcmo from �he Cit� Attorney dated January 30, 1975. Upon a voice vote, a11 voting a�e, I� , Plannin Commission Meetinq - February 19,.1975 Page 3 - ZF ' � ttie mvtion carried unanimously. Mr. Drigans said an allo���ed use in M-1 A1:torney. He said i�e ol;her stipulations, he felt that the question on whether this business was zoning has been anst�rered to his satisfaction by the City didn't know if the Planning Commission had discussed any ,� Mr. Clark said the stipulations had been pretty well covered by the Quilding Si:andards-Design Control and E�oard of Appeals Subcommittees. He said both �:hese subcommittees had recominended approval subject to the rezoning being approvzd. , � I' Mr. Clark said the only stipulation that shoujd be made was that this business mE�et the noise i:ransmission section of the City Code �nd the P.C.A. standards. He said he was sure the petitioner ���as aware of,i:hese standards. h90TION by Drigans, seconded by Lindblad, that the Planning Commission recommend to Council. approval of �he rezoning request, 'LOA #74-05, by RAO l�9anufacturing Company, tc� rezone from �-2S (aeneral shoppi.ng areas) to 1�-1 (Jight indzistrial areas), Lots 3 through 15, Lots 27 througl� 32, parts of Lots 2 and 16, a11 in B1ock 9; iracated a�le�s in B1ock 9; and the East IIa1f of vacated Main Street lying adjacent to B1ock 9,, a.21 being in Lowell Additi.on to Fridley Park, the same being 200 b7ississippi Street N.E. ra.ith ihe stipulation that RAD Manuafacturing Company meet a11 the noise tran:�-_ mission requirements of the Fridley City Code and the I�,P.C.A. standards. Upon a ro11 ca11 vote, Lindblad, B1air, Drigans, Harris a11 votinq aye, no nays, the motion c��rried unanimously. Mr. Clark told the petitioner he would send them a copy of the City Attorney's memo. 3. REQUEST FOR � LOT SPLIT, L.S. �75-01, DEAN HARNiON: Spiit off the Easterly 8 feet of the North 1/3 of Lot 4, excepi: the East 85 feet, except the ldest 25 feet, and except the North 30 feet for public utilities and street, Auditor's Subdivision No. 108, (Parcel 440) and add it to t��e 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 Harmon, 1618 Onondaga S�:reet N.E. and Mr. & Mrs. Charles Brisbin, who`'are purchasing 161f3 Onondaga Street N.E., were present. Mr. Clark,`said that Mr. Harmon owns both parcels. When the attached garage was built at 1G1B Orondaga Street an error was made and this garage infringes on the next parcel by 3 feet. This parcel is B5 feet and with the additional 8 feet the lot will be 93 feet ���ide. Then the garage.will meet the sideyard requirement of 5 foot. The re�Tiaining parcel will be IIO feet wide and this will meet the front yard and area requirements of the code. This lot split �,ras an obvious thing that should be done, to place the garage on tf�e proper lot. The administration t�rould like one stipulation and that was to obtain a fifteen foot triangle on the Nor�hwest 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. Harris said that request had not been befo re the Plats & Subdivisions- Streets & Utilities Subconnnittee. Mr. Clark said that at the time this reque:.t was made, the petitioner had a loan closing -that would have prohibited the"re�being t;ime to schedule this nieeting. Because of the cancellation of the February 5th Planning Commission Meeting, there would have been time, but as this was a fairly simple split, he felt ti�at it would not be necessary to have this go to the Sub- � ' TIiE ��(7NU7'F•,S OI' TFI� II071FtD OI' 71I'PI_.11LS SUr3COMMITTF�I: MI:I:TING OP JI�NIJhRY ?.£3, ]•975 � G ' � � � �_, � ' 1. i � ' �J � r , � � ' � The mceting was called to order by Chairman Drigans at 7:30 P.M. M�MI3F;RS PF2ES�rdT: Dr.igans, Crowder, Gabel, Plemel, Wahlberg MEDIBL'F2S AF3SENT: None ' OTIi�ILS PI2LSENT: Howard Mattson, Engineering Aide MOTION by Plemel, seconded by Gabel, to approve the minutes of the January 14, 1975 meet�ng as written. Upon a voice vote, there being no nays, the motion carried. A T2EOUEST FOR A VARIIINCL: OI? S�CTION 205.7_34, 6, FRIDLrY CITY COD�, TO RF:DUCT THE SETBI�CY. B�ZtiJEEN Tf1i:: i�;l1II1 STRUCTU��� 11I`7D A STR��T 11IIdE, L�IHEN ADJ7ICL'�NT TO ANOTFIL•'R ZO�;TI�G DISTRICT, (I:LO�IG 7'HI� i'1�0I�IT LOT T�INE) FROi�l TI313 1�qUIItI.D 100 P'�LT TO 70 P'��T, TO I1:1,10�d TIIE CO[�d7TRUC`iION OF 11 i•111i1Ui'�1C`l'URIIJG BUILDIt�iG 11I�ID W71R�HOUSE TO BE LOCIITED OIQ LOTS 1 THROUGFt 15, �I�i1D LOTS ?�3 TIii�OUGH 32, AND P71P.T OL' I,OTS 16 AND 27, ALL IN BLOCK £3, LOTS 3 TIi:;OUCH 15, F�1JD PART OL•' LOTS 2, 16 11ND 27 TI�RUUGIi 3?_, ALL IN BLUCY. 9, AND '3'IIAT PART OI E3LOCt: 7, LYIiJG l�DJACEiv7.' TO SAID BLOCK 8, AND TFIE VACI�T�D ALLTYS IN BLOCKS £3 71NU 9, AA;D Vt�CAT1�D f�L�1IIQ STRLET 71ND VAC7ITED EL��1 STRLLT, ALL BEING IN T OL�7ET L ADDITIOII TO FRIDLEY Pt�RK, T.TIE St'1:�1E BEING 200 i,IISS_T_SSIPPI STREET N.E., FRIDLEY. :•1INN. (Rl;OUEST I3Y I21�0 AiAr�UL'ACTURING CO"�SPANY, 2010 NORTFi 4TIi STRE�T, P•1TNNEAPOLIS, Ml.dNFSOTA. Mr. DicY. Olson, representing RAO Manufacturing, was present to present the request. MOTION by Crowder, seconded by �9ahlberg, to waive reading the public hearing notice. Upon. a voice vote, there being no nays, the motion carried. � Chai.rman Drigans stated that this same property is before the Planning Commission for rezoning and also was before Buildinq Standards-Desiqn Control. He said curY•entiv the Plannina Commission has tabled the rezoninq for a lectal opinion from the Citv Attornev as to this tvpe of business ot�eration (metal fabrication) beinq allowed in an M-1 Zoninct. He said the ZonincT Gode could be interpreted to exclude it i:rom M-1 7oninct and the Planninc� Commission wants a lectal opinion on the intent of t:his part of the Code. Chairman DriQans added the petitioner has verified that ceri.ain noise levels are within�the standards. iie said that the Board of Appeal's act=�on, if it is appraval, should be contingent upon the approval of the rezoning. Mr. Dick Olson showed the plot plan of the property to the Board. He stated on this property, the setbacks are basically determined by the adjacent zoning districts. He said the front yard setback would usually be 35 feet but because of the different zoning, they are required to set back 100 feet, He said the back yard set:back would usually be 25 feet but b�cause of the different zoning and an easement it.has to be 50 feet. r1r. Olson said they have set out the building as a wklole, with maximum land use. He said they have placed the building as far to the west as possible because of the railroad tracks, and also as far back into the lot as possible. He said they have tried to design the building to be as wide as the lot would allow and still not be all stretched out. He said the building would be an all steel building and to go to the next smaller width size, would require changing the parking are.a fram the side to the front. Mr. Olson said they would prefer to stay with the 50 foot rear yard setback and ask for the variance on the front yard because the residential property to the back might be developed someday. Mr. Olson stated that because of the propased improvement oE Mississippi Street, thc�re stiould be no prpbletn if the variance was granted. He said since the street will be dipping at this loca�ion, their buildinc� will be fronting a retaining wall and not Piississippi Streei. I1e said t}lis retaiiiirig wall comes in by Main Street and t}ic street is depressed £rom there on. He added that there will be a frontage road bcfore Mississippi Street and the houses i:o the north of Mississippi Street so Lhere should ba no objectioTis from ttiese pcople as RAO will not really be LJ The Alinutes of ti�e ]3�ard of 11���cal� Subcommittce Mceti.nq o£ January 28, 1975 Page 2 encroaching on thcir propert;y. � Mr. l�lemel stated the plot plan shows the prc�posed building plus a possible future expatision. Iie asked i£ L-lle expansion would also be metal. Mr� Olson answered that L-hey havc to plan on complete usage of the land and the complete building will be a:Ll metal construction. Mr. Olson showed the �oard a colored rendering of the building. Mr_. Olson explained their building will consist of a concrete slab,' a structural steel frame for tiie walls and ceiling, and sculptured steel panels that have a texturcd look bolted onto the frame. He added the panels are painted at � thc factory and are quarantecd for 20 years. He said they are quzte efficient. Mrs. WaYilberg asked wlzat thc efficiency rating was. Mr. Olson said heat and noise wise, the efficiency rating was equal to a 3 foot concrete block wall. � � � Mr. ��lson added that because of the residential property to the north and south of Lhi> building, they will l�ave tlleir production space in the middle of the building, s.urrounded by concret.e wal.ls, plus the outside steel walls, so there should be no problems with noise. �ie ac3ded that this type of building is more expensive than a concrete building, but becavse of the heat savings and expansion savings, the buildinqs pay for themselvcs. He said for expanding, a wall can be unbolted from the frame, the adc'.`.tional length erected, and the same wall can then be reused. He said i�he buildings come complete from the factory. 2H � Mr. Crowder asked what the area of the land is and what percentage will be used for the building. Mr. O]_son said their total building will be built in three stages. The building they are proposing now will have 48,000 square feet with ' � the two future stages having a total of approximately 52,000 square feet. He said they will be slightly under the 40 percent maximum coverage with the tatal building. Mr. Crowder asked if there will be a problem with the parking for the total building. ' Mr. Mattson said there will be no problems with the first stage of construction. Mr. Olson added that the use for the second and tY:ird stages o� construction is not definite as yet and t}�e use would determine the parking spaces:.needed. He said , he believed that the Building Standards committee would have to approve the future construction plus the additional parking necessary. Mr. Crowder asked if the exit from this building would be onto Mississippi Street. Mr. Olson answered that Mississippi will be the only access to the property. Cha:�rman Drigans asked haw many people would be employeed at this building, Mr. Olsc�n said initially they are planning on 50 employees; 34 during the day shift and 16 at night. He said eventually, when the total building is constructed, they may have 165 employees with BO to 85 on each shifi�. He added that he was on]y guessing at i:hese figures. Mr. Crowder asked if all the loading, unloading, and parking would be on the east side of the building. Mr. Olson answered that it would be. Mrs. Wahlberg asked when they planned on starting construction. Mr. Olson said he hoped in the spring, but it would depend on financing. He added it would then take approximately 6 months to complete and they hoped to be in the building by fall. Mr. Olson said they are now in the process of closing the deal on the land and when it is complete, the existing Farm buil.dings will be torn down. Mr. Bob Brazil, 731-68t1i Avenue N.F., said he has worked for this company for many years and there couldn't Ue nicer people to work for. tie said this company employs several £amilies from Fridley and that is why L-hey decided i:o locate in Fridley. , ' ' � The MinuL-c�s of L-tle I3oard of np�eals Subcommiti:ee Meeting of Janua�28� 1975 � Pa 2 I MOTION by Gabel, seconded by Crowder, to close the public hearing. Upon a voice vote, there being no nays, i�he mot:ion carried. � Mrs. Wahlberg asked if t}iere would be any problem wS_th the drainage going down the road. Mr. b9attson said this was specifically asked for by the Ci.ty. Mr. Mattson also noted that the loading on the east would constitute side yard loading but they have shown adequate berming to taYe care of this. '� Mr. Crowder. stated he is very glad something is going to be done with this property. He added this building looks very nice and he can't see where the variance would crea1:e any problems. He said there would be no extra traff_ic generated on the street past the residential_ property, and since Mississippi Str.eet is to be unproved, the , traf;=ic going into this busiiiess should not create any problems. Mrs. Wahlberg noted also that there were no objections from the surrounding property ' owner_s. MOTION by Gabel, seconded by �4ahlberg, to recommend to Council, approval of the ' front yard varianc�, coni:ingent upon the'legal oninion in reference to and approval of tlze rezoning before the Planiiing Commission. Upon a voice vote, there being no nays, the motion carried. � 2. , , ., � � A REOUEST FOR VARII�NCES OF: SECTION 205.134, 4C, FRIDLEY CITY CODE, TO REDUCE THE REAK YAI2D SETBACt: FRO:I THE �EOLJIP.LD 25 L'EET TO 7.5 FE�T, AND, SECTION 205.135, 1F, 4A, `PO REDUC� THE DISTAi�Ci TFiE llRIV��'7AY IS F'RObi A LOT LII`dE FROM 5 FEET TO ZFFO FFET AND, SECTION 205.135, l� L�l, TO FZ�DUCE THE llISTANCE OFF-STREET PARKING IS A64AY FROt�1 THE ]�9AIY1 BUILDIPdG FR0��1 5 FEET TO LERO FEET, AND, SECTIOiI 205.134, 4, S2, TO REDUCE THE SIDE 1'ARD SFTBACK FIBUTTIi•dG A SIDE STKEET FR0�1 TH� f'.EOUIRED 35 FEET TO 33 FEET, ALL 'PO ALLOW THE COi�1StRUCTIOiJ OF Ai1 INDUSThI�1L BUILDING TO BE LOCATED ON LOTS 16, 17 A]1D 18, BLOCF: 8� ON716�AY ADDITION� TI3F SAP�.F BETNG 7791 ELi;l STREET Pd.E, , FRIDLEY, MINN:�SOT�. (REQUEST F3Y PACO, INCORl'ORATED, 5920 KIE2i�'WOOD LANE, MINNEAPOLIS, �1INN, ) Mr. Steven Sprangler, representing Paco, Incorporated, was present to preseni: the requ��st. MOTION by Wahlberg, seconded by Crowder, to waive reading the public hearing notice: Upon a voice vote, there being no nays, the motion carriedo Ghai.rman Drigans stated this property had l�een before the Board on November 12, 1974, and also before Building Standards on November 21, 1974. Chairman Drigans read the minutes of these meetings and also the City Council minutes concerning the above two meetings. Mrs. Wahlberg asked if this new plan has been before Building Standards. Mr. Mattson , answexed that it was before Building Standards on January 23, 1975. He added the plot plan has the markings on it from that meeting. i. ' ' Ghairman Drigans si:ated this proposal is for the use of three lots, whereas the last proposal was for two, and the building has been turned around so that instead of a zero side yard setback for the building, they are now askiizg for. a zero side yard setback for a driveway. Ttle variance locations were poinLed out on the plot plan. The variance for the driveway to have a zero setback was discussed. Mro Crowder asked if there was a house to the south,on Lot 19. MY'. Mattson said that there Wc1S but tt�at i�}ie land i:tie house was on was zoned industrial. Chair.man Drigans said if this variance was denicd, the driveway would have to be reduced to 15 feet and the �>�zrl:ing stalls slanted moreo � � 2J 6UIf.Ut�lG ST/�P1D,4RDS-[)ESIGi� C0�ITROL St1QC0��1"�IITTFE f�1E�TIflG OF JAPIUItRY 23, i375 Pq,-2 5. Gum�er rails used bet�,�een tiie building �nd park-ing lo�t should be ,. 8" X 8" ��:ooden posts attacnc,d di rectly to tne bui l di ng G��i th metal guard strips af:tached to th� posts. , , r` 2. CO�lSID�Rt,TI�N OF 11 �FOJcST TO CO�ISTRUCT A fdEtA! QUILf)IidG T� �� US� D /iS !i �,"ll,i�-=,1�1-U;?1;;i �=1�.C�t.ITY. �lCi' '`�"iFD AT ZQO i'iISS:[�SIF'Pl.__SC.;�Ef_.;1�.�., �f't�IUrST fsi �:'�t) r-1;�''IU�Iii,�i�URi„i; C{J�•I,'lli'd`(, 201U PiQ2Tii �4th S�fR�cT,�.W_--- �� � � t��I'�:,�l�:,'1f'OLIS, ;�1�":��ESO�i���� – — ' . . � , ' , � ' � � � P�r. Richard Olsc�n, ;1r. P,obert Olsen, Senior, and t�r. �obert Olsen, Junior t�ere pr�sent ror tne requ�st. P�r. Richard Olsen presented tha builciing plans and an artists r�ndering of the building as it ���ill look �•rhen it is completed. P�r. Tonco discussed the use of precast curbing and tf:at the committee s�roul d not acce�t i ts us� i f expans i on of the bui 1 d�i ng ���oul d conti nue over a thr°��-year period. ��ir. Olsen stated the builciiny ex�ansion t�rould continue ov�r a ten-year period. Mr. Lindblad sta�Ced th�t poured concrete shoulci bz used. P�1r. Olsen said. he ��lou1d agre2 to the pourecl concrete curb�ir,g. ttr. Olsen stated the outs�ide of the building is metal, 20 feet high, and that the oi fi ce part of the bui ldir-ig ��ri 11 f�ave a h�avy rock ��to7�l;, ancl colored panels contrasting ���ith the colar of the rest of ihe buildir�g. t�r. Tonco asked if the colored pa�els were part of the structure o-f i��e building. hlr. Olsen stated the colored panels �•�iere not part of the s�ructure of the bti�ilding but for decoration purposes only. «r. i�lattson questi oned tl�e consi stency of the rack v��al l 4��i �th the rest of the build�ing and asked i�� the lotiv pitcned roof must be maintained. The committee agreed to the us� of th� p-i�ch?d roof and suggested that sorne further treatm�nt oi the v�all be investigated. . ,. I1r. Lindblad discussed the view of the Uuilding from the �dorth and South sides. P�1r. Tonco suggested that a pilaster-lil:e projection every 4Q or 50 f�et wi �l:h some peri odi c 1 i �hii ng on the Sou�th e•ral l woul d hel p to i�reak up ti�e long expanse of wall on that side. . Mr. Lindbl ad stated tflat he tflought one or t��ro coni:rasting panel s on �'' both tiie So�.rti� arrd ��lortli sid`s miqht be all tf�at 4•�ould be necessary to break up the lony 4,ia11 expanse and create more interest. I' P1r. Tonco asked �bout oui:side storage of refuse. '� � 2 K BUILDII`1G STAidDARD�-•llESIG,I COilTROL SUf3COMP�ITTEE t•9EFTIf�lG OF J/�hJUARY ?3, 197, Pct, _3 '' P�1r. Olsen stated all unused materia1s ��rould b� stored in the building. +�OTIQ�� by Seeger secand�d by Tonco, to recommend approva7 of the p7an with the folloL��ing stipulations. 1. Recomm�ncl approval subject to the Board of Appeals 70 foot variance. 2. Recommend approval subjec-t to the Pianning Commission zoning the property P1-l. 3. Reiuse to be placed inside the building or provide a screened in area outside: �. Security lights all around the building ar�d in th� �arking lot. 5. Sodding used ��rhere speciried on plans. 6. Designated landscaping design ��rith t�e names of shrubs and trees being used be put in �,yriting before c�oinc� to Councii. 7. Poured concrete curl�ing and �lack to� dr�iveway. 8. P�ew design plar for the building on a portion of ti�e North wall and the entir� So«th ��r�ll. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairman Lindblad adjournEd the meeting at 10:20 P.�-9. Respectful ly submi ttec[, r � �/� �� �/ � ��'�Z-J' -� / /�Z%,�`-: Arlene L. Sn�i t:h Secretary � 2L M E T A L �: ;� �. � , �� �r � "� C� � � � e ,,� 1 .>...._�..n ... _�r_.������.y3 G R A F T S M A N � Darrel C�ark City of Fridley Ei�31 Utiiversity Av�o. NoE. ��ridley9 A.inneasota 55�32 I)ear Mr. C].ark: � � f , � �e �/ / / March 26, 1975 � Tn regard to your letter dated March 2�, 1975 concorning our proposed buildin� project at 200 P�ississipp�. Street N.E.� �re are aware of and wi11 ccmpl,y to the standards as set forth by the City of Fridley zoning coda and i•SPCA in the co�struction and oparation c�f our ne�� manufacturing facility concerning noise� vibration and air standaxds, Sincerely yours, �M� 7 �` -� , , , -.�:� /-�/ ; ;;� C/ r-`` j� -�° l �, .,:; Richard A. Olsen, V.P. 2010 NORTH FOURTH STREET • MINNEAPOLIS. MINNESOTA 55411 PHONE (6121 522-3344 'I �a�r-�° f k �I ; � � : �G.;i � � � -)' ,'w �. �� / � -- L T ' � : w .. � . /H_a �_.- l' _'_""`--- ._'.'r<._.__..� �� � A r a ir�n -r.. ��Ii���.sw I��+� �' - �3:. ,,,• �--�Y " , 9 ti- ..q„� i. � W..:.•-- , � ,� a,, � r� ` � � � ��t � l f � 4.rs�l.'1� �„ +, �,� ., ,� . L . . 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K/ �/. � �',ir� � : t� �_s� , t��__ - y � �', ., � �J///` � Lr �.�, �•. � p'i \��,�' {) � � F� ,af"� � /X� �� �. � ;;i:;,� [��I 4 . �...�,�.. - _ r i, -- .qr W��o-�-�-r�E��,,��!�� • / '�� 'fRi�.e:� �i�� ���j.�""" ,�� �'_.;,�� f�l k`� - tH ' yq*�,7 � n�, �m� � . p � A '�I ,� y �- �. � � � � ��`�� � ����:.�� � � � ��-r _: ; � A � � � _i �tiP.��` -;rcTr ,, R � trrr� r��� ��,� ,�� ��,/'� �1J�����`:�ti��11 ���� l��,� � � � . � `% ;l ir �1\\:. �;.�, •�" ��--� _ r � ...�;: ,� �i � � � � � ��.������; �, �� CI_����.�III�� - - - .r'`� � _ � r . _ , � : : _��. ' � r ,� � � � �.f�' r ,� � �s0 [Z1�Tl ' ,���� = � ���� ��� ;� - ' ��������,�,i' � - �i�? zF�. ���i'' 'r ,, �, , �,�T�, , � ��? ,r`` �%l',�;� i'r!�l�„� �� /! f� i -���-,V P" u-`, `�'� f ���� .��. � ..��\`�\\' . iNrerrsrare ++ssa �--e� ��-1���IQ ORDINANCE N0. AN ORDINANCE TO AMEND THE C1TY CODE OF 1HE CITY OF FRIl1�.EY, MINNESOTA 8Y MAKING A CHANGE IN ZONING DISTRICTS The Council of the Gity of Fridley do ordain as follows: SECTIUN 1. Rppendix 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: All 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 point on the Easterly line of the North- west Quarter af Section 12, wl;ch point is 726 feet South from the Northeast corner of the Southest Quarter or the Northwest Quarter, thence running GJesterly 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 Southe�st Quarter of the Narthwest Quarter o�F said Section 12; then running South along said West line a distance of 140 feet;�thence running Easterly to a point, which point is 140 feet South from the beginning, thence running North along said East 7ine 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 Manor Second Addition Is hereby designated to be in the Zoned District M-1 (light industrial areas). SECTION 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). PASSED �Y THE CITY COUNCIL OF IHE CI7Y OF FRIDLEY TH1S DAY OF ATTEST: � CiTY CLERK - Marvin C. arunsell � Publ ic Hearing:. Marcl� 10, 1975 First Reading: �ll'�1 17, 1975 � Second Reading: Publish....... 1y75. MAYOR - WILLIAM J. NEE 3 � �'lann�ing Commission Mee�inc� Janu�►ry 22, i975" Page 5 - 3A � � � LJ � � LJ � r Nasim Qureshi, who ��ras City Engineer at i:he time, and the members of the Ci�:y Counc�l clid v�isit our plant, and they wer� satis�ied at that time that this would be the pro;��r zonin��. Whether the present Councii would agree with that would be something else. � Mr. Harris asked t�r. Clark to get an opinion from the City Attorney on this question, and get the answer in wrii:ing. Mr. Clark said that he would. MOTIOIJ by Drigans, seconded by Harris, that the Planning Commission continu� until Fe}�ruary 5, 1975, the considcr_ation of a r�zoninc}'��fuest, ZOA #74-05, by RAO tlanufacturing Comp�ny, to rezone from C-2S (general shopping areas) to M-1 (light industri�l are�sJ Lots 3-Z5, Lots 27-32, and part of Lots 2 and I6, a11 in Bloc� 9, along with vacated alleys in 131ock 9, and the F,ast half of vacated hlain Street lying adjac�nt to Bloc}: 9, a11 I�eing in LoUre1�Z Addition toFridleyPark, the same being 200 Mzssissippi Str�et Northeast, to provide the administration time to research the interpret�zt.i_on ot the language of the Code. Upon a voice vote, a1Z voting aye, the mot-ion carried unanimously. Mr. Robert A. Olson, Sr. said he thought it was in the best in�;erest of RAO Manuf'acturing Company to have this clarified also. Mr. Clark said they could still go to the Board of Appeals and Buildi�ng Standards- Desiqn Control meetings as scheduled. They could make their recommendations subject to �he rezoning being approved. ' -n�. -._._.`.� ,, 3. PUQLIC HEARING: CONSIDERATION OF A PROPOSED PLAT�,� P.S. #75-01,'CENTR/�L VIEW MANOR 2ND ADDITIGfd �t�1. GUSTI�VE DOTY : Being a replat. of Parcel 4780, Section 12, City of Frid1ey, County of Anoka, Minnesota, general7y`�Tocated between Centrai Avenue and Highway ,�65 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 a��eas)-to_M-1 (light industrial areas all that part of Parcel 4780, Seciion 12, City of Frid7ey, that lies between the Northerly extensions of the East and West lines of Lot 10, Block i, Centrai View PY1anor, generally located just l�orth of 1201 73 1/2 Avenue N.E. 5. PUBLIC fiEARING: 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 auilding enciosed 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 1 ies bett�reen tl�e Northerly extension of the West line of Lot 10 and the East lin� of Lot 16, Block l, Central Vie_w 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 Buzick of Central Auto Parts were present. ' . Mr. Clark said these three requests should be considered together, because if the rezoning and special use perinit 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, to rezone froi� C=2S to M-1, and the request for a Special Use Permit, SP #75-01, by Central Auto Parts, all pertaininc� to all or part of Section 47II0, Section 12, City of Fridley, whichlies between Central Avenue �nd Highway �1G5 N.E., North of I'I � � . . . � Plann�inq Commission Meetin� - January 22, 1g75 page 6 3� � � � � �� � � � � � �� � �� � � 73 1/l �venue N.E. 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 defunct American Auto Llstings. The East portion of the propertya�as occupied by Gus�afson Grinding, and the balance of the proper�y was vacant. Parcel 47�Q was on1y 140 feet deep and 1,33� feet 1ona. Mr. Doty v�ant;ed to have ar,oty�er lot spl it Qn: this .proUet�ty ��ahich would have divided this parcel into �hree parts, but as you can tell from the Public Hearing notices, �here would have been lengthy legal descriptions. He said he advised the petitioner to plat the property instead. This requesi; was before the P1ats & Subdivisions-Streets & lJtilities Subcommittee on January 15th and they recommended approval with three sti��ulations which v,�ere (1) Provide a 15 �Foot drainage and utility easen�ent along the Northerly portion of Lot 2, and on the f�dorth-South line bete�reen Lots 2 and 3, and along the South portion of Lot 3, (2) This approval subject to the rezoning request, ZOA #75-01, and a.request for a Special Ose Per�»it, SP ;75-01, by Central Auto Parts, being approved, and (3) F+ private covei�ant be put on Lot 2 so that this said Lot 2, Central Vyew t�lanor Znd Addii;ion, could only be sold to adjacent property owners who already have street access. Mr. (;lark said this last stipulation ��das to prev?nt Lot 2 being soid 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 ihe proposed plat, has requested that the Westerly 60 feet of this lot be rezoned the same as the balance of Lot 2, which v�as"M-1, and that a Special Use Permit be granted for all of the ne�a Lot 2, so they can expand their salvage yard, Ne 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 fior their operation. Their 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 parkinc� iot, whichwas supposed to be for customer parking, and using property across the street, which they don't own, 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 recommendation on �he Special tJse Permit. The first one was that there must definitely be a screening fence. The second aJas, that espE�cially along the pot^tion t�hatabuts the trailer park, there should be at least a 10 �ootpiant�ing strip, like an evergreen hedge.� outside and adjacent to other zoned pro��erty, 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) No vehicle parking be allowed in the street or on any other land that is not authorized by the City Council or the City. The iast stipulation, number 7, was that this permit be for a period of time, 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 tf�is should have a yearly review was because this hasn't worked out the way we thought tuhen the original Special Use Permit was granted. There are three ways th� 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 Cer�tral View M�nar. Mr. Fitzpatrick said that was why they were requesting the rezoning of the Westerly GO feet of Lot 2 then, so it t�toi�ld be the same zoning. Mr. Clark said th<�t Lot 2 was in iine with Loi;s 1Q-16, but Lot l6 belongs to another salvage yard. Mr. Clark said there were a couple of other comments he would like to make. `' 1975 Page 7 _ Plannin� Commission t�eetin��January 22, 3C � � He said the stipulation by the [�uilding S1:andards-Design Control Subcommittee on Lne original request for a Special Use Perih1thWacreeningN,f�e�n��encIt was�right�onhthehproperty �s not a woaden one. It was an II foat g line, and we �vould like to see �his al�n�����oo�k asCifsthererwas�nuahbrighteof�wayf in some plantings. Mr. Harris said it this ar�ea. Mr. Clark said there was a 60 foot righ�'lineapanduthat'sewhattmadedit�look seeing an cighi foot structure right on the property so close. Mr. Fitzpatrick asked if therMraaas�ra �nscasked�who�owPedtLotssl6�f 18ntrM� Auto Parts? Mr. Clark sa�d there was. 9 Doty s<�id this belonged to Fridley Auto Parts and that their fence was right in the property line also. Mr. Clark said he would have to say that then� aahabf�underlthe�neweownershhp. op�rtaion of Centra1 Au�o Parts in the las�; year,a d He said Fridley Auto Eody has cleaned up its operation also. Chairman Fitz��•�trick said he thought tV�ey notu�ave�street accepseliminary plat first, and be aware that Lot 2 in this plat d�d P1r. Hat°ris said the reason for the stipulation that there be a private covenant on Lo'� 2 was because ��e didn't want, at a future date, `to have this lot change owner- ship to someone vrho didn't already have street access because the City could be placed in a position of having to condemn street-rigl�t-of-way for this property. Mr. Drigans asked why t�e proPDoty sawd�the�reb�erenlegalAcomplicatio�slbecause be included in the replati:ing. Mr. y of mortgages, etc., which would ma(ce this eereestiyul�atiny�for this Dotywasll�egaldo�n't know if the type of private covenant they P not, but it would have a limit of 22 years. He said he wasn't an attorney, bu� once this Lot 2 was a part of Central Auto Parts, he couldn't see that it tivould be considered as a separate property again. It wouldn't go tax for-Feit unless all the property o�vned by Central Auto Par'cs 4�ent forfeit� sale oftLota2dtohCe�tralrAutonParts,w�re plattir�g this property was to fac�l�ta�e th Mr. Clark said that if the City was put in a positian where it a�ould have to go through condemnation proceedings to give street access i;o Lot 2, tiiis would all be assessed back to Lot 2. �, Mr, Doty said he was sure that Central Auto Parts wouid be aqreeable to tying_ Lot 2 to their property and maybe they could provadeforpeitatthereewould�berstreet East half of Lot 15, so that if this lot did go t accE�ss. Mr. John Buzick, Central Au�o Parts, said he wouldn't ���ant to agree to this until he had talked to his partner �ndah�sthat�as�longSas�Cen�tral Auto Partsrsiilluownon�s. there could be from this. Mr. Clar because it wouldn't Lot 2, there would be no problem even if th�is easement was given, be used for an access to Lot 2• Harrisw�aid this wouldsbeualprivateedrivewayteasenent. had to sell this property. Mr. Mr. Quzick said he had no objection to most of the stipulations m�ntioned by Mr. Clark, but when it came to moving the fence in on the front of the property, he�said there was so much sand that he cou�he1Cite� andttheregwould�havertoebeepon1eeeds. Mr. Roardman said tf�ere was sand all over t Y� to�soil put in under the sod. He said nothing grows if its just put on top of the sand. � � � ' Plann'in Commission Meetinq - January 22, 1975 P� 8 3 D Mr. Buzick said that if they had to move the fence in, they would be losing area again, and he thought they needed all �:he area they could get. He said the reason they didn't put in the �vood fence was because it was against State regulations to have a wooden fence for this type of operation. . � � Mr. Doty sa�d t}�ai; as long as the fence for Fridley Auto was on the property line also, he thouyht it «as a little premature to expect Central Auto Parts to move their fence at this time. Ne felt that as long as this Special Use Permit was going � to be subject to yearly review, this could be �aken care of at a later time, Mr. Harris said they could ti��ait for the natural screer:ing between the C-2S zoning and the M-1 zoning until the C-2S property was deve�oped. He said the screening fence should be brought in from the property line in this area also so i:he plantings could be put in at a later �. time, without moving the fence. He said the natural screening (plantings) should be star�:ed along the R-4 zoning during this years growing season. � � � � � � MOTION b� Harris, seconded by BJ.air, that the Planning Commission close the Public Hcaring on tl�e pxoposed plat, P.S. �f75-01, Ceniral View Manor 2nd Addition, by W. Gustave Doty Upon a voice vote, all voting aye, the motion carried ur�animously. MOTION by Driyans, seconded by Harris, tha.t the Planning Conunision recommend to Council approval of the proposed p1at, P.S. #75-01, Central View Manor 2nd Addition, by W. Gustave Doty, being a replat of Parcel 4780, Section 12, City of Fridley, County of Ar,.oka, Minnesota, generalJ.y located between Central Avenue and Nighway #65 N.E., Tlortri of 73 .Z/2 Avenue N.E., with the following stipulations: I. Provide a 15 foot drainage and utility easement along the Northerly portion of Lot 2, and on the North-South line between Lots 2 and 3, and alonq the South portion of Lot 2. � 2. Approval of this plat is subjectto the rezoning request, ZOA #75-01, and the request for a Sp�cia.Z Use Permit, SP #75-01, both requests b� Centra.Z Auto Parts, being•appraved. - 3. Subject to a 30 foot private easement being granted from 73 1/2 Avenue N.E, to Lot 2, so this .Zot wou�d have street access if ever needed. UPON a voice vote, all votzng aye, the motion carried unanimously. � MOTTON by Drigans, seconded b� Blair, that the Planning Commission close the Public Ilearing on the rezotiing request, ZOA #75-01, by Central Auto Parts. Upon a voice vote, a11 voting aye, the motion carried unanimously. C� 'J � I�:OTION by Drigans, seconded by Blair, that t12e Planning Commission recommend to Council approval of the rezonzng requ�st, ZOA #75-01, by Central Auto Parts, to rezone fram C-ZS (general shopping areas) to h1-1 (light industrial areas), all that part of Parcel 4780,'Section .Z2, Cit� of Fridle�, that lies between the Nor.ther�y extension of the East and West Zines of Iot 10, B1ock I, Central View Manor, generally Iocated just North of 1201 73 1/2 Avenue N,E., subject to the approval of a Special Use Permit, SP �175-01, for Central Auto Parts. Upon a voice vote, a1l voting aye, the motion carried � unanimous2y. '� MOTIDN by Blazr, seconded by Harris, that the Planning Commission close the Public lfear.i.ng on t12e reqttest for a Special Use Permit, SP 1i75-01, by Centra.I Auto Parts. Upon a vaice vote, a11 voting aye, the motion carried un�nimously. � il � . � � . , . •� . . . • . �,�� __ �1 � � 3E Plann�in� Commission Meetinq - Jan�tarY ?2, 1975 Page 9 Mr. [3uz9ck said he wouldn't �vant to agree that no dismantling at all would be done outside the building. Sometimes someone needs a door or some other part for a rush j�b, and although they don't like to dismantle outside, in an emergency they do it. Ne said 1;hat he would agree that no major dismantling be done outside the build�ng. The Planning Commission members agreed to this, on an emergency basis. Mr. Clark saici he would have no objection as long as this didn't cause noise pollution. He said they could monitor the operation, and check this stipulation ai; the time of renewal 01' this Special Use Permit. Mr. Clark said he �hought the revie��r of this Special Use Permit should be during � the groti��ing season, rather than a year from today. If they should recommend more fencing or plantings at that time, it ��rould be easier to comply with at that time of the year. , . MOTION by Drigans, seconded b� B1air, that the P1ant�ing Commission recommend to Council approval of ihe request for a Special Use Permit, SP t#75-01, by Central Auto Parts, per Friclley City Code, Section 205.13I (I 8), to a11ow junk yards or baling of � junk or rag.s, in a buildinq enclosed on a11 side�, or when completly enclosed with a solia' fence, to be Iocat�d on the part cif Parcel 4780, Section 12, City of Fridley, that!.�es betwe�n the Northerly extension of the West line of Lot 10 and the East line � of Lot 16, Block 1, Central View h7anor, to allow 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 strip outside this fence. The planting strip . - :•On the North property line adjacent to the R-4 zoning, to be planted in ti�e 1975 growing season. The planting�strip adjacent to the C-25 zoned property along the West side of Lot 2, Central View Manor 2nd Addition, and along the West side of Lot 10, Block 1, Central View Manor, to be determined at the • time of the review of the Special Use Permit, dependent upon the development of the C-2S zoned property. 3. A11 storaqe, unloading and Ioad.zng of inopexable vehicles be confined inside the screening fence. - 4. Parking of trucks, Ioaded or empty, be restr.icted to the area inside the fenced 10�. , 5. A11 major dismantlzng be done ins�de the existing building. 6. No vehicle parking in the street or on any other unauthorized area be allocved . 7. This 5pccial Use Permit will exp.ire and be up for renewal on Juiy 31, 1976 and will not be renewed unless a11 of the al�ove stipulations have been;,satisfied. UPO1V a voice vote, a11 voting aye, the mbtion carried unanimously. � 6. QISCUSSIQN: Mr. Clark said they would like to keep a light agenda for the Planning Commission mee�:ing of February 5, 1975 so this could �e used as a workshop ineeting. Ne said that Jerry Qoardman was scheduled for another meeting on that date, and would not be atter�ding this �l�eeting. � � ..'i'C171 �` � �� '`�� E�'� : 1 � 1 01'1 � I , ' � , t� ' '� � � � � � ,,., , `. �„ � � � � � � ', , , ; � ,, ` �� � � � N cfl O z Q �' � � � x Z a° � �- � . . � �IT`l—( {;1�� •������.,.. : Or' i' i� t �� ��: Y „� , � . a �,..� „�„ . � � . �.,,, . . .. . ,.. ... ..._. ., .. . � r�,,,, . /Itl .... ... �l�t'� ,,.,.� , ,..;.. .�r.ir...atL...i•..�i I 7�8' «,�.Y n... F., i�� �. ., /c. ) N !.4 r . 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AN ORDINANCE TO AMEND CHAPTER 506, SECTION 506.05, REMOVAL, OF THE CITY CODE OF THE CITY OF FRIDLEY The City Council of the City of Fridley does ordain as follows: Chapter 506 of the Fridley City Code is hereby amended to read as follows: SECTION 506.05 �,��1���{� SNOW REMOUAL - VIOLATION AND TOWING During the winter months, commencinq on the first day of November of any year, to and includin� the first day of May of the following year, it shall be a vio�iation for any person to stop, park, or leave standing a vehicle on any street or high- way in such a manner as to impede the plowing and/or removal of any sno�v, ice, or waste on such street or highway. Whenever it shall be found necessary to the proper direction, control, or regulation of traffic or for the lop wing and/or the removal of snow, ice or waste, maintenance or improvement of any highway or street to remove any vehicle standing on a highway or street in the City, then any police officer is authorized to provide for the removal of such vehicle and have the same removed to the nearest convenient garage or other place of safety. Any vehicle stopped, parked or left standing on any highway or street in violation of law and ren�oved as provided herein above, may be removed upon order of a police officer and the cost of removal and storage of the same charged to the owner of the vehicle, as well as the person causing such violation. ADOPTED BY TNE CITY COUNCIL OF THE CITY OF.FRIDLEY THIS DAY OF ATTEST: 1975. �CITY CLERK - MARVIN C. BRUNSELL First Reading: Second Reading: Publish........ MAYOR - WILLIAM J. f�EE 0 4 I� , � T0: ' FROM: � DATE: SUBJECT ' � � � � � , , L_J � ' � � ' ' 0 MEMORANDUM NASIM QURESHT, CITY MANAGER JAMES P. HILL, ASSISTANT CITY MANAGER/PUBLIC SAFETY DIRECTOR MARCH 27, 1975 SNOWQIRD ORDINANCE, REPLY T0 JH-32 I have discussed the vagueness of our current City ordinance, 506.05, with our City Prosecutor Carl Newquist. After discussion with Carl Newquist we agreQd that the ordinar�° shauld be c�arified and amended to read as follows: 506.�5°RE�1fl'd�tL-. SNOW REMOVAL-VIOLATION AND TOWING Durinq the winter months, commencin on the first day of November of any year, to and including the first day of ��lay of the fol 1 o�vi ng year, i t shal 1 be a violation for any person to stop, park, or leave standing a vehicie on any street or highway in such a manner as to impede the plowing andjor removal of an.v snow, ice, or waste on such street or highway. Whenever it shall be found necessary to the proper direction, control or reguTation of traffic or for the lowin_ and/or the removal of snow, ice or waste, maintenarce or improvernent of any highway or street to remove any vehicle standing on a highway or street in the City, then any police officer is authorized to provide for the removal of such vehicle and have the same removed to the nearest convenieni garage or other place of safety. Any vehicle stopped, parked or left standing on any highway or street in violation of law and removed as provided herein above, may be removed upon order of a police officer and the cost of removal and storage of the same charged to the owner of the vehicle, as well as the person causing such violation. 4A .1 , , � ' ' �� ' ' � ' ., �� ' , , , , ' � City of Fridlc�y PLANNIfdU COMMISSION MLETING - MAKCH 12, 1975 CALL TO ORDER: Ghairman Iiarris called the meeting to order at 7:3II P.M. ROLL C/11_L: MembE�rs Presenl:: Harris, Lindblad, Drigans, Langenfeld 1�1embers Absent: �lair Uthers Presen�:: Jerrold 6oardman, Planning Assistant {�PPROVF PLANfJ1��,G COhi��ISSIOfd f�1IPIUTES: FEQRUARY �9, 1975 5 P/�GE 1 MOTTON bi� llrigans, seconded by Lindblad, that the Planning Commission approve the rai.l�ute� of thc '.r m�etiny of Febr.uary 19, 1975 as writi-en. Upon a voice vote, a11 vot.i.ng aye, the motion carried unanimously. RECEi:VE E�dVIROfVI�iENTAL QUALITY COf�1��IS5I0N MINUTES: JANUARY 21 , 1975 MOTIDN b?� Dr_i;ans, seconded 1�y Lindblad, that the Planning Cammi.s.sion receive the r.ainutes of the L'nvironmental Qizalit� Commission meeting of January 21, 1975. Upon a vo.;�ce vote, a]_1 voting aye, t11e motion carried unanimously. Mr. Drigans asked f�1r. Langenfeld whai t�}�e Ha�yworth, & Anderson consultant study ��,�as? Mr. Langenfeld said the best uray �:o describe. ii vlas that its a report in which it handled the Minr�esota State Environmental Policy Act with special emphasis on imC�act si;atemer�i�s, and the primary objective is �:o decentralize the majority of local problems from the State Planning l�gency to the community itself. Mr. Drigans said there �Nas a statement in these minutes that LeeAnn Sporre had proposed 1:o the f�1innesota Envi ronii�eni;al Qual i ty Counc ;1 us� ng Fridl ey as a model pilot project. He asked P9r. Langenfeld i�F that �N�s true. Mr. Langenfeld said it 4-�as, and �;hat eventually the communities will have to establish their own Environmenial Ordinances, noti•r or la�:e►�. Ne said �:ha�: vae hepe to be the model city in which the ordinance t�rould be established and Fridley �vould have what would be the primary arcfinance and this would be use;� by other cities as a model for their ordinances, throughout the state. � Mr. Qoardman said the staff had met with members of the State Planning Agency and • we had discussed with them this decentraliza�:ion and it �1as e�oing to be a State policy that cities set up these ordinances. How the policies are set up, and how we go a�out doing this has not been determined. L�Je told the State Pianning Ageney that we were not going to take any action on tl�is until we liad a resolution from the City Council designating thai: this ���ould be a pilot project. . Mr. Drigans said his point was how thi.s came about without a City Council resolution. Mr. Qoardman said he couldn't ans�aer that, birt that LeeAnn Sporre had made the si:atement befare the tnvironmental Quality Council, under the auspices of the Mayor, that Fridley would like to be the pilot project. Ne continued that before �ve go any further on i;his, we would have to have a resolut�ion Trom the Council. He said it will be six months before the State has establisned pr�ocedures, and the communil;ies will have 120 days after that, so we are talking about soinething in the e�rly fall. � � ' . ' • � • � ' � 5A Plannin Commission Meeting - M�zrch 12., 1975 Page 2 Mr. Urigans said this pro�osal did not come through the Planning Commission, and he f1dC(il � i; read in any minutes he had received that. i t had gone through :the Counci 1, and f�r. Qoardman said LeeAnn Sporre was before the Environmental Quality Council under 1;he auspices of the mayor. He said this had been mentioned at the very end of a City Council meeting. � h1r. Drigans asked Mr. Langenfeld if he or the other members of the Environmental Qual�ity Co�nmission kneti�r 1:hat I�irs. Sporre was before the Environmental Quality Council representing thern as a Commission. Mr. Langenfeld said no. P9r. Qoardman said that people from the State .Planning Agency will be attending �the flarch 1£3th rneeting of the Fridley Envi�onmental Quality Commission to discuss t�ha� has to be done for Fridley to be the pilot project. P9r. Drigans said he fe1t that Mrs. Sparre had the cart before the horse. Mr. Qoarciii�an said �:he City had quite firm control of this, now. Mr. Langenfeld aid that if Fridlcy ��ras approved as the model pilot project, we could stand to s�:�e a greai, deal of moi�ey as far as hiring a consultant to establish these policies. If the state was involved, ���e couldn't probably defray most of the costs. Mr. Boardman sa'id it t�ras not necessarily as simple as that. l�Jhat was discussed was that the Sta�e would establish tlie policies and send t;hem do��rn to us for our reviear. It wouid �cake a consideruble amount of �;ime fo� the staff to go through these policies and see ho��r i:hey would fit into Fridley and try �;o work out some type of compromise and work with the State of Minnesota to set up some type of pilot plan that could be used by other, comrT;unities in the state. Mr. Langenfeld said it could be that we ��aould not have enough environmental problems in Fridley to qualify for a pilot project. �1r. Qoardman said he also recommeiided this be worked into the Planning Commission before it goes l�ack to th� State so that we could get some Planning Commission input toa. :It ���ill take more than procedures. t�le are going to have to set up procedures to carry us through until �ve come up with ar�enuironmental plan. If we have just a sei; of procedures vJithout any p1an or �no���ing whicfi ��faYGVe ti��ant to go, ��re will just have a set of procedures to use on a project by project basis, and he didn't think that was the �ay anyone would want it to be. Mr. Langenfeld said the Environmental Quality Commission would like to see Fridley bo ti�e inodel pil o�; project, subject to '.the appiroval of the various bodies. h1r. Drigans said his concern G�as that an individual represented the Environmental � Qual�i�;y Commission at a Minnesota State meeting without any type of approval from the EQC or tl�e Fridley City Council. , � 1 ' , ' RFCEIVE FNVIRON�IENTAL QU/�LITY COMMISSION MINUTFS: FEBRUARY 18, 1975 ` MOTION by Iindblad, seco��ded b� Drigans, tllat the Planninq Corrunission receive the minutes of thc� 1;nvironm�ntal Quality Commi�sion for their meet_ing of February 18, 1975. Upon a voice vote, a11 votinq aye, the motion carrzed unanimously. ���r. Qrigans asked who Mr. 6loomquist was who atteneled this meeting, and what he meant by s�yinc� that havinc� the Chairman of the E(1C on the Planning CommissionWa.sone stop forward. P1r. Langenfeld said that Mr. aloomquist was from Nal;ional Qiocentrics and he meant i;hat by having representation on the Planning Commission, the Commission was aware of what planned progress there was in Fridley. I�Ir. Harris asked Mr. Langenfeld who were NationaT,[iiocentrics and what did they have to do wi ti� tl�e FEQC? Planrain�c Commission Meetin�- March 1?_, 1975 Page 3 h1r. Langenfeld said thai: National �3iocentrics were at the meeting merely a guest, but by tf�e same token, they t�rork with inany conm�unii:ies in regard to envirc�nmental problems, or other t,ype of problems. Their representative aras there to see ���hat proyress had been made in regard to Fridley being a model project. He did offer his help, if we sought to seek his advise. as pilot �� Mr. f�oardman said he had had � meet�ing 4•aith Mr. E3loomquist of National Qiocentrics and fi.hey are a consulting fi��m. They ��fant to be involved in the model pilot projec�; almosi: gratuitously, as to their �ime and effori;, so they can say they have done somethiny in this field. Mr. Harris said that Mr. Iiloomquist had somethii�g to say about the armory, zoning, and com��rehensive plans: Mr. Langenfeld said that one of the tl��ings that should be cons�idei,ed vr�ould be if Fridle.y, decided to go their o�rrn route as far as developing this erdinance, f�1r. liloomquis(; said i;hat one of th� guidelines would be the comprehensive p�ian and the zoning ordinance, and the environmental. ordinance could be i��ac�e part of these. f�lr. Harris said hr-. didn't understand i;hat froi�� the minutes. RECEIVE PI�RKS � RECREATIU� CO��;MISSION SU[3CO;;MITTEE P�I(�UTES: _ FE�RUARY 2��, 1975 ' r:OT.Z"ON by Lindblad, seconcled b� Drigans, that the Plannir.g Conunission receive the mii�vtes of the ParJ�s & Recreat-ion Commis.sion Subconunittee meeting of February 24, 1975. Upon a voice vote, a11 voti.ng aye, the motion carried unanimoi�sly. � � RECETVE BOARD OF APPEALS SUl3COfiMITTEE MINt7TES: FEBRUARY 25, 1975 N.'O'lION b� Drigans, seconded by Lindblad, that the PZanning Conunission receive the Loard of App�als Subcomrr�ittee mintttes of fhe February 25, 1975 meeting. Upon a voice vote, a.11 voting aye, the motion carr_ied unanimously. ' 1. CONTI(�UED: PUGLIC HEP,RIf�lG: RFQUEST FOR A SPECl/�L USE PERP1IT, SP Ir74-17, QY GEORGE tJ/�LQUIST: To permit •�he construction of a building for rust-proofing of automobiles, etc., pet� Fridley City Cade, Section 205.131, (A,10), in ar► ' . P'',-1 zone (light indus�:rial ai�eas) to be located on Lot 5, of proposed plat, f'ert-Jal Rice Ct,eek Terrace, the same being 1271 Rice Creek Road N.E. , , 1�. ' � --,i �_� � ' Public Neariny open. Chairman Fiarris said that there was a letter in our agenda from tne City to Mr. George Walquist explainir�g that this item had been on our ac�enda for some time, and that the peti�;ioner t�ould eithnr have to appear a�: this meeting or we !:iould consider the petition vrithdrawn. Mr. l�Jalquist called h1r. Clark on March 3, 1975 and withdrew the petii:ion. A90TION b� Lind�l�d, secor�ded b� Diigans, that the Planning Commiss.ion close the Fublic Fl�ar.ing on i:he rcquest for a Special Use Permit, SP #74-17, by George Walquist. Upon a voic� vote, all voting aye, the motion carried unanimously. 1�10TION v� Driqans, seconded by Lindblad, that the Planning Commission consider tltat the request f.or a Sp�c.ia1 Use Perniit, SP (174-17, by George Walquist, to permit tlie COI)StTUCt.t01') of a build�.ng for rvst-proof.inq of auLomobiles, etc., per Fridley Cit� Code, Section 205.131, (A, 10), in an M-1 zone (light industrial areas) to be Ioea�ed on Lot 5, o� proposc�c�' p1at, Ner.►��a1 Rice Creek Terrace, the same being 1271 Itice Crcek Road N.E., is withdrac✓n at the pet-itioners request. Upon a voice vote, a11 voting aye, t-he motion carr.ied unanimously. � . . � ,.. 5C Plannin�c Cor�nission Meeting - March 12, 1975 Page 4 2. GE:t�Cili1l_ D I SCUSS 10« Chairman Harris said he had talked to the Council at their last meeting and asked ���hat direction they wanted the Planning Commission'to take. Ne vaas told they shauld continue in t;he planning process and continue to work on i:he City Code. They sa-i d they �•�anted us to 100{: at the bi 11 board ordi nance al so, ��al ong wi th our housekeeping chores. Mr. fiarris said he told the Council v�e aJere hampered somewhat because we were. short ;o�� staff, and �-��e fel t that Jerry [3o��►°dman needed a hand on some af these things. He said several prol�osals �rere put fora�ard and he thouc�ht the City Attorney had a good suggesl;ion. Fle said we could hire a qraduate student from the University, either� in Planning or La��r, and he could be hired on an hourly basis. He would be under the direction of Jerry Qoardrnan and he could possibiy do a lot of the paper vrork. Mr. Qoardman s�'d he did have $4,000 in his budgei; for some type of temporary help. He said they ���ere looking into the ini;ern program. He said what he 4��as looking for was sot��eane ��af�o could do project work. He sa:d he liad had a graduate student las�: year, and he i�orl:ed 20 hours a ���eek durirg the school year and 40 hours a ��:eek duriny the summer, and this cost less than the $4,OOU. It had worked out very t�rell. Mr. Harris said the second thing he discussed with Council was to urge them to fill the �mpiy chair on the Planning Commission. Mr. Boardrnan said there would be two chai►,s to fill, because Donald alair,.Chairman of the Parks & Recreation Commissio�� has stated that he did not want to be reappointed and his term was up the lst of Npril. Chairman Harris said he thought it ���as important ta have a Vice Chairman of the Planninq Co�iu�iission, but this should probably wai�; usltil they were a full Commission. Mr. Drigans asked if there h�d been a list made of the priorities. P�1r. Boardman sai'd h�e had made up a list of priori�ties which would b� given to the Planning Commission, but he feli: that housing 4��as the first priority, because without that, there would be no chance of getting funding for any other programs. He said he hoped this would be ready before next year's funding rrogram. P1r. Harris said this would be a big project. Mr. Lindblad asked if Mr. Qoardman kne1�J what progress was being made on the Camden Bridge, �nd a ne�v bridge in tf�e vacinity of �5th. FIe asked if tf�ey were still studyinc� this area? Mr. Goardman said the North Corridor Stud.y �vas complete and it was their recommendation that a b►°idye should be in this location, but it was not even on the highway rolls yet and they had their plans through 1980. Mr. Harris said that if ti�is bridge was going to be completed before the turn of the century, we will have to push our legislators. MOTION f�y Lindblad, seconded b� Driqans, that the Planning Commission adjourn , their rneetiny of DJ<arch _12, 1975. Upon a voice vote; a11 votil�g aye, Chairm�t� !larris adjourned the m�etir�g at 8:40 P.M. . An informal workshop meeting followed the regular meeting. Respeci;ful l.y submi tted, / � : -� � ��..�.r�-C��-,. ,�,�� ; ��.-o-�- Dorothy Evenso �; Secretary v � �J CITY UF FRIULEY PLI�NNING COP���ISSION MEE7ING MARCN 19, 1975 PAGE 1 ' L1�LL TO ORDER: Chairman Flarris called the meeting to order at 7:45 P.M. ' ROLL C/�LL: Members Present: Narris, Drigans, Lindblad, Langenfeld ' Members Absent: 61air Others Prescn�;: Ua►�rel Clark, Community Development Administrator ' � There was no old business or new business�for this meeting. Chair�l�an Harris, wi�;h the concurrence of the other members of the ' Planni�ng Co���i��ission, asked tl�at a letLer of appreciation be written to Donald Blair, Chairman of the Parks & Recreation Commission, for h�s ye,rs of service to �he Planning Commission. � - There was adiscussian on the proposed State legislation on comprehensive planning and Metropolitan Council control. �� , ' 1�iOTION by L_indblad, seconded by Drigans, t1�at the Planning Commission adjourn the r.egular meetin� of the Planning Commission of March 19, 1975, and begin their informal workshop meeting. Upon a voice vote, a11 voting aye, Ch�ir_inan Haz�ris adjourned the meeting at 8:05 P.M. G �s., ectfully s abmitted, �Y=��p j} �'�`s' �" " ; . . �r ��P' �c�>:@.._ ,>`� �a,.-: . �y..s�:� �_.� �i��,� , Dar�-el Cl ark� Community Development Administrator � ' �� ' � � � 0 � � ,�.+n.Fg'� . 7 � � : � TIi}. MIT�U`P1.S 0� TIII, I30AitD 01? API.'LJ1LS SUI3COP�IMITTL:r ML:L•'TING OI' APP.IL The mectiny was called to order by Chairman Drigans at 7:35 P.M. � M�1�l13�RS PR1.SEidT: Drigans, Gabe1, MEMI3LRS 11BSENT: Crowder, Plcmel OT]ILi2S PItLSL:idT: Howard Mattson, � , � � � � � Wahlberg Engineering Aide 1975 MO'PION by Gabe1, seconded by Wahlberg, to approve the minutes of the March 11, 1975 meeting as written. Upon a voice vote, there being no nays, the motion caxried. 1. A"2E UI,5T FOR VARI71i1CPS 01� THL FRZDLEY CITY CODE 71S FOLLOP7S: (1) SECTION 205.135, l, E1, `CO I�LLG�7 OF3'-STl�E)�;T Pl�i:t:l:1G WITIIIi1 `I'IIE 1ZEnUIP.I�D 20 FOOT FR027T Y71RD, 11PJD, (2) SI�CTION 205.135, ]., E4, TO f�Li�G.�1 OL'F-STi:F:FT Pt'�RKITdG 4IITIiIN l3"�RO I�'E�T OI' TI�L MA:LN I3UlL,DI[�1G Ii�ISTi'_T�D OF Sli`I' F3�lC;F: TItF ?��C�UIi:13D 5 PF:I;T� 71ND� (3) SLCTION 205.135� 1, L2, `l'O ALLOt�� OFL' STRI:ET PI1R.}CII7G Iid t•101:�s "_'HI1N 2.�3 OI' THE E2�QUI121:D R�11R Y71RD (F:�OP�1 4090 �n. FT. '1'O 554o SQ. I'T. ), ��t�ID, (43 SFCTION ?_05.135, 1L', 4A, TO 71ILOTJ TIi:E DRIVEL�TI�Y P71VE��tI:i�T TO BL GdI`1'iiIN ZE�:O I,}�E.T OF A LOT LII�1E INSTE7ID OP' SET BI�CI�: TH:G f2��QUII:]JD 5 FE}�T, Ai�iD, (5) Si;CiI0i1 7_05.134, 4B, TO Rr:L`UCE THL SIllE YAIZD S�'PB71CK P'ROi•i 1IiE R1�i,iJ1=i��D 20 FI�LT TO IT,'k0 Z''E?_,':', �'1ND, (6) SECTIOJ.d 205.135, 1, E3� TO AL�LO�•y� O�?i�-STFi'1;T PAI:Y:IivG TO i31? 6dITHIi1 7_,?�F:O I'EET OF A LOT LINE INST�AD OT' SE'P BACY. TIIE P.I;nUI�:T;D 5 FEET, ��I�iD, (7) SLCTIOPd 205.135, 1F, 4B, TO ALLOtJ TFIF DRIVEWAY I'AVE:�iEIvT 10 BL t•1ITIiITI IE'r:0 FEET OF TIiE I1r'1IP1 F3UILDIi1G INSTEAD OE' ST�'T BACY TIiI, RI�QLIIF2E:D 5 I'L�T, ALL TO ALLO��7 THE C0:ISTRUCTION OF A SP�CULATIVE BUILDING TO BT LUCATLD Oid LOTS 1 TiiROUGIi 5, BLOCK 2, Oi1At4AY ADDITION, THE SAI�IE BEING 7�3$0 FL^-1 STRE;ET N.E. , FRIDI,E`�, i•11Pvi�IESOTA. (1:EQUEST I3Y PACO, IPdCORPOF2AT�D, 5920 KIRY.WOOD LAPJi„ r1I21P1Er'1POLIS , i�1It1I1ES�TA 5544.2. ) MOTION by Wahlberg, seconded by Gabel, to remove this item from table. Upon a voice vote, there being no nays, the motion carried. Mr. Jerry Paschke, Paco, Incorporated, was present to present his request. ' Chairman Drigans said this request had b�en tabled at the last meeting to allow the si�aff time to review this�plan again witli the applicant, to try and reduce the number of variances, and also to get a clarification on two of the variances. � ' � � 0 � � DSr. Mattson stated that the staff has held several meetings with b4r. Paschke and a few things have been resolved. Chairman Drigans asked if there has been a re�uction in the nwnber of variances. Mr. Mattson stated that Variance tt7 does not exist on these plans, so it: should be eliminated. He added that it would be a part of the request if there was a zero lot line building on the adjoining property. Mr. Mattson added that Variance �4 is eliminated as Mr. Paschke has agreed i;o move the two driveways (front and back) away from the lot line to meet Code. hir, biattson said that Variance #3, which was one the Board wanted clarified, is a requirement tlZat has been mistakenly overlooked before, and has not been enforced on the other buildings in this area. Mr. MaL-tson said Variance #2 has been changed; the request reads to reduce off-street parking to within zero feet of tiie building (on both the back and north side) but Mr. Paschke lias agreed to put in a 3 foot sidewalk along the back and north side oF the building so the . request now will be asking for a reduction in setback from 5 feet to 3 feet. Mr. Mattson explained that Variance �f6,.wllicli the Board had asked to be clarified, is �o allow aff-str.cet �arki�ig to be within zero feet of a lot line and is located in i:he back yard c"iCijOl.IllJ1CJ the alley. IIe explained that the Code reads that there should be a plarltirig strip along an alley. r�r. Mattson stated t}iat there were no questions raised o�z Variance �kl and Variaiice #5. . . � 7 '�'-� ' �... 7'l�c P9i.nut�es of the I3oard of J1]?��cals StzbcommitLee Meeting of F�pril 2, 1975 • ry Chai�-man llrigans saicl that the T3oar.d also had asked that hardshiZ�s be stated for the variances requestc:d. Mr. Paschke sL-ated that on the variances that remain, Vari<�nce I�1, that is aski►�g for �>arking in part of the required front yard (79th T�venue), could Ue elimi�iated unless the IIoard feets agreeable, as there are enouqh parking stalls to meet Code without counting this parking. Mr. Paschke adde�l ttlat t1e had measur.ed the setback for thc building to the west (along 79th Aven,ae) and it measured 35 feet from ttie street to the building which includes the .LE3 foot boulevard. Mr.. Paschke said that Variance ##2, to park next to the building, could also be eliminated by installing a 5 foot sidewalk along the buzlding but tlley would rather install only a 3 foot sidewalk and rei:ain more of the parking space. Fie said a 3 foot sidewalk is all they really need to keep the cars from hitting the building and also for the use of a sidewalk. Chairman Drigans asked if by angling the parking stalls, wouid more spaces be created. Mr. Paschke said it wouJ_dn't create more spaces. Mr. Paschke added that the plan shows a driveway oif from 79th Avenue which they are going to eliminate, which will allow one more parking stall to be created in the back. Mr. Mattson stated that it was brought out in the meetings the staff had with Mr. Paschke, that the reason he did not want to cut down his building was because it is made up of. 4Q foot bays. Mr. Paschke said that i� you cut off 10 f'eet from one bay to shorten the building, it makes it harder to lease the bay. He said the building can be leased to just one tenant or up to four tenants. Chai.rman Drigans asked if certain parking spaces were assigned to each bay. Mr. Pasc:hke answered that they were noi:.. Mrs.. Wahlberg stated she would like to go through the variances again. Var�ance #1 is for parking in the 20 foot front yard and she said that if the Board decides the parking should remain, then this variance will have to be considered. Var_�ance ##2 is for parking next to the building and she said this could be changed to 3 feet from the building with the addition o.f the sidewalk. Var.:iance #3 is to allow parking in more than 2/3 of the rear yard. Mr. Mattson saic3 this has been overlooked on the other buildings. Var:iance #4 is for allowing the drive�aay pavement to be up to the lot line, and she said that this variance will be eliminated by moving the driveways over 5 feei�. Variance #5 is to allo�a a zero side yard setback along the south lot line. A7r. Mattson added that if t}iis had been �he only variance needed, the request would not have had to come before the Board as long as there was an agreement between the two property owilers. A�r. Pasclike said i�hey did Izave an agreement with Ballantine, and this agreement was shown to the Board. Chairman Drigans asked what would happen if Ballantine sold their property and the new owners didn't agree with thr zero lot line. Mr. Paschke said that the agreement is made a part of the properi�y arid is a part of tl�e sale. Variance #�6 is for allawing o£f-street parking next to a lot line and she said this was along the alley. Variance ��7 is for allowing the driveway pavement to be next to the main building anc� she said this variatice is not necessary for this plan. Mrs. Wahlberg said the Board needs to decide whether they want the parking on the noi�th sidc to be elimi�iated or not. Mrs. Gabel asked what would be put in this location if the parking was eliminated. Mr. Paschke said it would be sodded. Mrs. Gabe1 said she would like to see the area sodded but siie added that possibly the parking would be necessary for the future. Mrs. Wahlbcrg asked if the building to the west has parking alot�g 79th Avenue. Mr. Paschke said that they did. MOTION by Wahlberg, seconded by Gabel, to close the public hearing. Upon a voice � Tlie M�nutes of thc i3oard of 11p��ca1 � 5u}�committ�e Mcetinq of n��ri}. 2, 1.975 r� ll - - t� vote, thare bcing no nays, the motion carried. � MOTiON by Walil}:�erg, seconded by Gabel., to receive Ba1]_antine Iiidustries, and I�dvanced Heating, for a lot line. Upor� a voicc vote, there beitig no nays, � � � � ' � .� �� � � the agreement bei�ween Paco, Inc., zero setback from the south the motion carried. Chaiz�nan Drigans said that if the Board was to deny the parking on the north, and since this is a speculative building, the owners could turn around and ask for the parking at a]_ater date if it becomes apparent that they need it. He said he has no feeling either way. , Mrs. Wahlberg said if t11e sidewalk is instal]_ed on tlie north, it will move the parki.ng stalls closer to the lot line but it wouldn't increase the variance for parking in the front yard. She said shc has mixed feelings on this and added that technically tllere wil]_ be suffici_ent parking stalls if Lhe parking on the north was eliminated. Mr. Drigans said there �aill be expense to thc petitioner_ to put in the parking and sodding wil-. be less expen:�ive. Fie added there might be some type of warellousirig that would need more parking and he would rather see them.put i.^ this parking than to park on the street. Mrs. Wahlberg said in the long run, it is better to go along with the parking now. She said from an economic standpoint, it will be cheaper to install it now rather than later. She asked if there were any stipulations from Building Standards as far as the gr_een area along 79th Avenue was concerned. Mr. Mattson said the minutes of the Building Standards meeting just state to see the markings on the plan. He added that there is some berming noted on t�le plan, r7r. Paschke stated that there are existing trees in the boulevard along 79th Avenue. MOTION by G•�ahlberg, seconded by Gabel, to recommend the following to the City Council; ap�>roval of Variance rl, to allow off-street parking within the required 20 foot front yard, with the underst�,nding that the building will eliminate the driveway on 79th Avenue and move tne one par_king stall as shown on the plan, and, approval of amended Variance ;�2 to reduce the off-street parking setback from the main building, from 5 feet to 3 feet, with the installation of a 3 foot sidewalk to be built as a buffer along the north and west sides of the building, and, approval of Variance #i3 to allow off-street parking in more than 2f3 of the required rear • yai�d, because an accidental precedent has been set, and, denial of variance #4 to al:l_ow•the driveway pavement to be setback zero feet instead of the required 5 feet from a lot line, as the petitioner has agreed to move the driveways 5 feet away from tlie lot line, and, ap}?roval of. Variance ?f5 to reduce the side yard setback frc�m i�t1e required 20 feet to zero fec�t, because the petitioner has an agreement fox t}ie zero side yard with t11e adjoining property owner, and, approval of Variance ;#6 to allow o��-street parking to be witliin zero feet of a lot li�ie instead of setback the required 5 feet as this adjoins the alley, and, no action is necessary o�i V�-�riance ;47 to redtice tl�e re�uired setback between driveway pavement and the main building from 5 fcet to zero feet, as this variance is not required with this plan. Upon a voice vote, there being no nays, tlie motion carried. , .TIZe mceL-ing was adjourned by Chairman Drigans at 8:30 P.M. Res��ect£-ully submitted Mary IIintz Secretary 0 }3UTL])II�G S'1'flilll�'11�US-DI;SIGiJ COidTP.OT, SU15C�;�1I'1'TLL_ OI? M/LRCIt 20, 1975 Chai.rman LindUlad c�lled t�ie meeting to order at 8:00 P.P�. P�g:P�i1�1sRS PR�SLN'1: Lindblad, Toiico, Seeger � I�iLrfl�l��}.S Ai3SL:Ii7': Simoneau OT1I1:lZS PIZLSI�I�T: llowarcl ilattson, Lngineering Aide MOT:COiy, by Tonco, seconded liy Seeger to approve the minutes of Lhe riarch 6, 1975 meetin� as written. UPOI.d A VOICL VOTL, a11 vot.ing aye, the motion carried unanimously. 1. C�P�SI]�l:RATI0.1 �F A PI�QUI:ST F�P. J'.001 SYSTL1�f /�DnITIO:d T_0 Tll.l; RIVER.SIDE CAJ� i���1Sii: L;)C:'?Ti�ll 0��7'P,��CT D���_.I..S. ;f19. 7`H]� SL�;�fl? I�l3IiJG 6520 1�AS'1 P.I�'T�R 1:0A1) :�.1:, a PI;�IDLi:�', .�IL�:�;I�S�7'�1. (]:::OUi.ST i3Y_ � OuE);i SCIiLl;E'I��R G520 L!�5'I' IZI�'l:R P,0'�D, F?:IDI,L�', i1Ii�,:]�SO'iA.). t1r. Leonard S�riuelson represented the P.iverside Car tdash in tlieir request. t�ir. Samuelson stated that they are goinn to do over the pump islanu with a precast concrcte roof syster,�. It will cover lanes l, 2, and 3. The outside lar,.e along I4ississippi Street taill not be covered because of the set back fron� tize property line and because of the tanker coming in to fill the tanks. The new roof system wi11 tie into tne old building above the oifice and overhead doors. P4r. Tonco astced if the attendants booLIi was a permanent structure. .Ir. Sarnuelson stated it did not have a footing but was just set zn place for use by the attendants. P�1r. Lindblad stated he would like to see the booth dressed up to improve its ap�earance. P•ir. Samuelson said he would agree. TYie building is made of stucco but could possihly be dressed up with Uricic veneer. Mr. Tonco stai.ed he would lil:e i�ir. Sa�nuelson ancl :�1r. Schleeter to put together a plan to dress up the shelter before goin� to Council. P1r. Samuelson agreed to the request. P1r. Lindblad stated that tliere were too many si�ns for this ouilding at tlle present time. ]3etwe�n tiie roof sigzi and the excess square footage on tlie pylon there siiould be a Uetter plan Uefore goin�; to Council. 24r.. Samuelson statecl he would work witlt rir. Schleeter on the problem betore 1 ' goi�U to Council. Tir. Samuelson stated there �vas a limit of 80 square feet far si�;n usage. He stated ti►at there siiouZd not be a sign on top of the rc�of , and one does e�:is t aL- the presei�t time. Mr. Lin.dbla�l statecl lie woulcl l.ike to see some ].andscaping on the South East corner of the property. 1 tir. Samuclson said at present thc corner is usecl for snow storage . Pir. Lindblad sC�lte�l l�e felt �liis w�i:; not a favorabl.e area for snow stora�c anci lie would ].ike to scc� a lauciscapin�; desi�;n before goinb Co Council. � . . . � .bt8A � � . , , l�UILllLidG STAT��DI�RVS-T�l;SIGI1 COiJT)tOL SUl3GOTS�SITTLI� 01? MA1tCH 20 1975 P�. 2 � — ' � � � � Mr. Tonco asked abouC tiie exterior oi the existing Uuildiiig. Mr. Samuelson sLatcd it was a Bedford stone. Iir.. Tonco aslced abouC a refuse area. t�r. Samuelson stated there was at pr_esenL a dumps�er being usec.i. Ifr.. Lindlxlad discussed �aith tir. Samuelson tlie ice machine c.�hich is no�a located i1� the front of. Che Uuildin;. He stated he would like to see it moved on the side oi the bu�_lding. . i•1C►TI021, by Tonco, seconded by Seeger, to reconmlend approval of the xequest witli the foJ_]_o4�ing stipulations: 1. Screening be provided for a refuse area. � 2. Landscapin� plan be presented before Council for the South �ast corner of the prope�ty. 3. Removal of the existing ice machine to the side of the building. � � � UPOPZ A VOICE VOTE, all voting aye, the motion carried unanimously. 2. COi�SIDPP��TT_O�I Or A i'.EQt:EST FOP� LAi�D5CF�,PING t701'I_: LOCAT�D QPd PAPCEL �F�50 � PT. 0� P��RCLL 4800, S�,CTIO�� 14: TtIE SA,':� F�EIPJG 410 2�ffSSISSIPPI STP.i:ET i�3.i:. Fi:IDT L� i�tlili�ESOT[l. �(P.EQLLST P�Y AI30I:A COLiNT� LI1�P��:Y BOt?RD 707 �iIGii`�;�?A`�.�' 10, �L��l��E, *•1II3i1�'SOTI�.� i�is. Tiarian Paulsen, Assistant Directo� of tYie Anolca County Library and � , Mr. Christopher. Dietrich, Arcliitect ior the new library from the firm of Freerks, Sperl, and Flynn. I4r. Di_etirich presented a plan of the landscaping for the library. Pir. Dietrich stated that the majority of trees sho�,m on the plan were already on the property and that they definitely planned to save as many of these trees as possiUle for the permanent landscapinb plan, plr. Lindblad aslced what they plannecl to put in to add to the landscaping. 2•ir. Die�ricli stated that tliey plan to use seve•ral mountain ash trees, ground cover ��mong the trees consisting of periwinl:le, wilich is a woody evergreen creeper iioted for it`s blue flowers. Al1 the remaining areas �ai.11 be Soaa�a. rir. LindUlacl aslced about a bike rack and its location. Mr. Dietricli sliowed the location on the plans. Tir. Dietrich stated that wlien the libiary is completed they would like to do more lanclscaping if Clie financing is available. • B1JII,DI^:G STt1ND/I1:DS-D1;ST_Gi1 CONTP.OL SUP,CC)��fT1I7'7'�I: O1? P1/1T.C;lI 20, I975 Pg. 3. M07'IOI�, by Seeger, seconded by Tonco, to reconunend approval of the landscaPin� with the possibility oL a few additional shrubs being added upon completion of L-he building. UI'ON A VOIC� VOTl'., all voting aye, the motion carried unanimously. Cliairmati Lindblad adjournecl the meetin� at 9:15 P.Pi. P.c�spectfully subn;itted, - � c��y���Z"� �,s.�.i;� 3 . srizT�i Se.cretar� � : � ,I � � � �� � ' g. E��VIRONf�ENTAL QUALITY COMMISSION March 18, 1975 MEP1[3ERS PRESENT: Jim Langenfeld, LeRo,y Oauist, Mary Martin, LeeAnn Sporre, Tom Sullivan, and 6ob Erickson MEh16ERS ABSENT : Russell Houck ' OTHERS PRESENT: Dick Sobiech, Jerry Boardman, Bill Nee, John Robertson, and John Melinka Chairrrian Langen�elc! opened the meeting at 7:39 p.m. APPROVAL OF MINUTES MOTIO� by LeeAnn Sporre to approve the minutes of February l� with one correction; deletion of 2nd sent-�,�ce in 2nd paragraph on page 3. Seconded by Tom Sullivan. Upon a voice vote, all votinq aye, the motion carried unanimously. DIALOCUE Mr. Langenfeld said they would begin the dialoque in reqards to the "f�odel" Code project. Mr. Sobiech began by sa,yina the,y hadno clear direction from the City Council. He sugcrested a resolution be nrepared and that it be submitted to the Council at the reqular Council meetinc� of April 7. The commission could qet involved with the resolution and staff could prepare it. Mr. Sobiech said before they �egin discussing involvement, the FE�?� and staff needs better direction. After the resolution has been submitted and approved by City Council, it would be passed on ta the �1EQC. Mr. Sobiech said that compared to previous discussions, this v�rould require more involvement on the oart of 1;he city. The next step would be for the FEQC f.o recommend that a resolution be prepared and submitted to the MEQC. P9r. ^JF�e said it would be a matter �of staff tir�e. The commission could review the MEQC and City of Fridley staff's proposal before submiiting it to City Council. Jerry 6oardman explained it would be a requirement of all cities in the state to prepar�e some environmental regulations that would follow in the same order as the P1EQC. Mr. 6oardman said you have to find the envir.onmental sensitive areas. Mr. Boardman felt they sl�ould set up a plan where they can designate environmental areas. Mary Mar�:in asked if this meant there were some areas that are not environ- mentally sensitive? Mr. 6oardman said that some areas are zoned properly. Those ai°eas would not be as environn�entally sensitive such as North Park. h1r. �lee said this r�!ould be defined by geography instead of function then. John Robertson, representative from Minnesota Environmental Quality Council, stated that under the 1°73 policy certain types of prajects require a review and to see if their affect is environmentally significant. An impact statement has to be pre�are�l. ,Under the present rule, the decision as to whether it is sianificant enough had beeri made by the MEQC. That decision has been made centralized. Mr. Robertson said after eiqhteen months of experience and an extensive analysis with consultants, z Hay���of�th-Anderson, they felt it should be decentralized. If a local c�overnment were to receive an application for a permit, thev would now have to make that decision and declare themselves according to state guidelines. Mr. Robertson said that what is being proposed is that rules should now be chanc�ed so that this significance decision can be made by state or local agencies issuing it. That has some significant advantages. The theory is that they can orovide other state agencies with understandable guidelines as to what constitutes environmental significance so they can i>>ake decisions themselves. The state N�ill prepare new guide�lines. Mr, Robertson said that one of the flaws that the consultants found was a�lthough you can make environmental aware decisions, decisions are confined to a pro;ject by project evaluation or sinqle project. l�Jhat the state is proposing as an option to any community is that instead of writing a detailed impact state- ment c�n large projects, an impact statement would merely consist of a short report which the City wou1d certify that that particular �nroject would be consistent. Mr. R��bertson stated that sometime between May and June, new rules would be coming out. They could consider at that time whether the City would vdant to choose a planning option. Mr. L��ngenfeld asked Mr. P,obertson if he was correct in saying that this nrocedure would involve the comprehensive plan as well as the ordinances, as far as environmentally sensitive areas, this would eliminate imoact statement procedures. Mr. Robertson said this was correct. Mr. Robertson said there would probably be an a m endment to the environmental policy act of 1973, and this amendment will probably be introduced to the House th7s week, also sponsored by the Senate. This option has been endorsed by the Governor and the MEQC, but he emphasized this is not law yet. � Mr. S�biech commented that the comprehensive p�an would tvork for a community just begin�ing total development as it would in a community such as Fr�fidley which is more in the developed stage. ^1r. Robertson said he hoped this would be something � they �vould look at in the next three or four month; exercise such an option, but do a project by project environmental analysis. They would benin with the rules and regulations first. ' ' ., Mr. Nee questioned how they would �iqure out N�hat that was. There is nothing in the Code presently, City Council agreed there ought to be. The problem is how to get that into the Ordinance. Mr. Robertson said the,y coul� give a feav suqres�tiens since the state has to do the same. He suggested lookino at the environmental aspects (topography, soil). h1r. Robertson said hopefully the City and Commission could review the local zoning code. These kinds of facts �vould take into account the approval process. The other asp�ct is procedures, what should be looked at. Mr. Robertson added that the state �idelines will require some type of disclosure process. ' Mrs. Sporre said that the environmental review on the local level (EIS system) is only to be used as a tool to begin to understand on the part of the commission and City Council. She asked what was the impact? She felt state should design � that kind of wording. Mrs. Sporre felt it was the attempt to make more responsible decisions on the local level. � i 1 �� 3 � Mr. Rc�bertson said this was somewhat mistaken. The present system is very weak becau�;e local communities are not accountable. They do not have to declare themselves. The proposal in decentralization would require the City to make the signif-icant decision on every project they approve. The City would have to put ' the money on the line. That uaould have to be reported and made public in the state register for 30 days. Th� guidelines µlould have to be followed, the facts correct, and decisions vaould have to be made on findings of fact following proper � proceclures. The Ci�y would have to give notice that they had made this decision. The st:ate agency could challenge City Council's decision and bring that to the appellate body. Ne commented decision of siqnificance could be made early. � � C� ' ' , , r � 913 The committee discussed the appellate procedure, Mr. Robertson explained that with t:he experience of �Jashing±on state, they could not challenqe without present- ing some evidence that indeed the state standards were violated. Mr. Sobiech asked who m<<de up the appellate body. Mr. Robertson �aid three people; an environmentalist, lawyer•, planner or governing official,for example. Mr. NE�e said the duties had not been previously definitive. He felt this body had to reE�resent the cornmunity. Mr. Sobiech said that staff will become involved. Mr. Robertson said the MEQC has now been authorized to draft this. Mr. Nee stated he thc�ught they should try and do something, he felt the.y could. He also commented that Council members were very sensitive about the marsh. It would be their decis�on as to whether they would like to use Fridle,y as a"hlodel" for this Code, he em��hasized. He recommended that the state work with the City of Fridley and FEOC. This must be clearly stated in the resolution. Mr. Boardman asked about the conflict in the Metro Countil's Metro Siqnificance Plan �ind the state EQC rules and regulations under the MEPA. P�r. Robertson stated that if the Metropolitan Council plan passes, state planning representation plan passes. Mr. Robertson said that before h1ay, the state will get a f�etropolitan Council review on the state's significance criteria and make sure it is compatirle. Mr. L<<ngenfeld said he urould send the proper resolution after being drafted by staff to the Council and then submit it to the MEQC. P1r. Sullivan asked if they would need a letter from the City. Mr. Robertson said th��y would, possibly a cover letter. Mr. Langenfeld said the ourpose was to m�ce this resolution on staff basis. The FE:QC could call a special meeting just ot review it. P1r. Sobiech said that they �JOUId begin discussing this on Monday on how they would qet the FEQC involved. MOTION BY MARY P�ARTIN THAT THE FEQC ASK CITY COUNCIL BY RESOLUTION TO ASK THE � STATE TO ASSIST FRIDLEY IN SETTING UP AN ENVIRONME�I7ALLY SEf�lSITIVE �90DEL CODE. Seconcied by LeeAnn Sporre. Upon a voice vote, all votinn aye, the motion carried unanir�ously. • � � � � � Bill Pdee stated that he would be willing to work with this commission to work with the dE�tails and it would be the intent of the Fridley City Council to collaborate i n th�i s process . The committee discussed the procedures they would go through in such a process, Mr. Robertson explained that all an impact statement ►Nas is an information disclosure document. Mr. Nee said it 4�as the idea to get sor.�ethinq into the Code. Mr, Langenfeld explained that in the future guidelines would serve as a check list, John Melinka said that is how an environmental assessment determines whether it should be written up or not. 1` 4 � 9C '� Mrs. Spor�re asked what were to be the standards that would go to the appellate board if broken. Mr. Melinka said that whenever draininq across a wetland, you would have to have <<n environmental assessment on it. Mr. Nee emphasized getting that into the Code. TFie committee discussed environmentally sensitive area, and Jerry Qoardman , said thai; certain areas would require an environmantal in�pact statement, these are environmE�ntally sensitive areas. �Mr. Nee �;aid the City was definitely becoming more sensitive without the Code. Mr. Rober•tson said,in summarizing,they will receive the first draft of rules. Then the staff will prepare a resolution for City Council to adopt authorizing staff to work 'with the MEQC and asking that the h1EQC assist the commission and the City. Mr. L��ngenfeld thanked the representatives from MEQC for attendina the meeting. Mrs. �porre commented that she felt there should be�more emphasis on planning and Il�ess an the developers. GIENERAL DISCUSSION M�r. LanqE�nfeld directed a question to LeeAnn Sporre in the particular letter recor��- m�ending t.he Model Code plan presented to the state with no signature, for clarification. M�rs. Sporre said she identified herself as LeeAnn Sporre and read aloud the statement �r�epresent.ed and ini�:iated as a matter of record by FEQC in concept,but the statement c�ame frorri the Mayor's office, not the commission. It was read and presented in letter form. Mr. Boardman explained the Planning Commission was concerned that this did not go throuch the proper channeis. Mrs. Sporre said she did r:ot speak on behalf of the ' EI�C . M�r. LangE�nfeld said he would wait and see what progresses from the state. He 'anticipated having more than one meeting per month. Mary Martin suggested a possibility o�f rotating meeting dates for special meetings such as Monday one week, Tuesday next, ai�d so forth. This would help in not excluding somebody all the time. ' M1!'S. Sporre brought up the idea of having a member from the FEQC attend the MEOC meetings regularly f;o gain input for this commission. She said mileaae should be r��imbursed for. Mr. Langenfeld said this could be done by submii:ting to the chairman r the mileage,and it would be accountable and paid for in the budget. Mrs. Martin added that lunch and parking should be included. Mr. Langenfeld said he vdould check into this with the City administration. Mr. Oquist felt that if the FEQC were to send a 'representative to the MEQC meetings, they should state that they are present as an F1=QC represeritative, not on a personal basis. ,Mts. Martin added that maybe they could receive the minutes of the MEQC meetings. Mrs. Sporre said this was a lengt{�y procedure, minutes are taken verbatim. It w��s easier to attend tl�e meetings and absorb everything that took place. � ADJOURNMENT MOTION by Tom Sullivan to adjourn the meetinq at 10:10 p.m. Seconded by Mary Martin. Upon a voice vote, all votinq aye, the motion carried unanimously. The next re7ular ' meeting will be April 15. R��spect�ully submitted, � . G��C/ I �� ,� 'Sh�el l ey Morri snn, Re�cording Secretary I � � ' ' � MEMO T0: MEMO FROM: DATE: SUBJECT: Nasim M. Qureshi, City Manager Richard N. Sobiech, Public Works Director March 26, 1975 Resolution Regarding Model Environmental Code The Minnesota Environmental Quality Council is in the process of revising th�ir rules and regulations which will result in a de- centralization of the environ�nental review process which is required by the Environmental Protection Act of 1973. Depending on the time involved in ihe revision of the rules and regulations, it is antici- pated that within the next 6- 12 month period a11 1oca1 units of government will be required to adopt the rules and regulations for implementation of the environmental review process. The Minnesota Environmental Quality Cauncil is willing to work with certain local units of government to ensure that revisions made at the state level will be compatible with local functions. In order for the City of Fridley to work with the Minnesota Environmental Quality Council in revision of the rules and regulations in anticipation of future adoption of an appropriate local review pro- cess, it Ts requested that the attached resolution be considered by the City Council at the regular meeting of April 7, 1975. The resolution requests aid from the Minnesota Environmental ' . Quality Council s�aff and authorizes the City of Fridley staff and the Fridley Environmental Quality Commission to work with the ��innesota Environmental Quality Council staff. �� I � � � � �J � ' ' RNS/jm Attachment � • ` , � RESOLl1TI0N N0. RESOLUTIUN TU ESTAQLISH A MODEL ENVIRUNMENTAL CODE WHEREAS, THE CITY OF FRIDLEY is concerned about promoting awareness of environmental sensitivity, and WHEREAS, THE CITY OF FRIDLEY feels that it is necessar.y to promote environ- mental sensitivit.y in the early stages of the decision making process, and WHEREAS, 7HE FRIDLEY ENVIRONMENTAL QUALITY COMMISSION was established to inform the Fridley City Council of environmental concerns, and � WHEREAS, TNE MINNESOTA FNVIRO�JMENTAL QUALITY COUNCIL by administrative ' action will be decentralizing its enforcement of the Minnesota Environ- mental Protection Act to the local units of government, and 9E � WHEREAS, decentralization will require that all local units ofi governm,_��t adopt rules and regulatians pertaining to the enforcement of the Environmental Protection Act, and ' , WHEREAS, it would benefit the City of Fridley to work with the State Environ- mental Quality Council in establishing rules and regulations to enforce the Minnesota Environmental Protection Act, and WHEREAS, THE MINNESOTA ENVIRONMENTAL QUALITY COUNCIL has indicated a willing- ness to work with the City of Fridley in establishing a model Environmental Code, NOW, THEREFORE BE IT RESOLVED that the Fridley City Council does hereby ' request the aid of the Minnesota Environmental Qua1ity Cauncil staff and authorizes the Fridley administrative staff, together 4,rith the Fridley Environmental Quality Commission, to work with the Minnesota Environmental ' Quality Council to establish a model Environmental Code for the enforcement of the Minnesota Environmental Protection Act. � PASSED AND ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY TNIS , � DAY OF ATTEST: , 1975. City Clerk - Ma rvin C. Brunsell ' � ' ' MAYOR WIL�IAM J. NEE C� � �,,�� ��,�� �� ��,��� � �� ,���%' ,�' �,��',�� � ��� �����. � � � � � � � ' , �l , , ' ' ' � � ' � ' �l � �� �> �- �;� c� u:� �� �� �� d, �� �� �• �� �' c� v� �� z: � �� �� LLI � r� �; �., a �- U,� Q, WI x N� �, a z � �� z W > Q' } � � � > z � � � � � � w F- z w U U `> U April 8, 1975 Minnesota Environmental Capitol Square Building 550 Cedar Street St. Paul, MN 55101 QUd� 1 t,y �QUf1C1 �, Attention: ��ir. Jock Roberi;son Dear Members of the Minnesota Environmental Quality Council: The City Cauncil of Fridley at the regular Council Meeting af April 7, 1975 adopted the attached resolutian requesting the Minnesota Environ- mental Quality Council's (M.E.Q.C.) staff help in preparation of a model environmental code. As nated, the resolution indicates that the City of Fridley staff and the Fridley Environmental Quality Commission �vill cooperate with the M.E.Q.C. in the preparation of a model code which would be beneficial to the City of Fridley and the State. It is understood that the major amount of work in developing the appropriate rules and rey�;lations which would be the basis of the model code will be done by the M.E.Q.C. and their staff. After this basic preparation is completed, the suggested model code �NOU1d be reviewed by the City of Fridley staff and the Fridley Environmental Quality Commission (F.E.Q.C.) to ensure that the model code is adapt- able to the City of Frid]ey governing o�erations. After appropriate review and modification by the City staff and the F.E.Q.C., and concurrence of any modifications by the M.E.Q.C. the entire model cade would be submitted to the City Counci] of the City of Fridley for their consideration. The City of Fridley appreciates your willingness to work with us in the preparation of the environmental code. It is our hope that together we can prepare an environmental code which will be useful for the citizens of Fridley and other communities throughout the State who may also adopt it. If there are any further questions regarding the above, please call and I will be happy to discuss them with you. Yours very truly, Nasim M. Qureshi City Engineer NMQ/RNS/jm 9F T1INl1'I'1:S OF 'I'llfi 1zliCUl./�It P/IRKS nNn R1;(:ItI:/1'1'ION COM�tISSIUN MLI:'1'ING h9eetin� �ti�as called to order at 7:40 p.m. by Chairman Blair. � M/112CI1 24 , 1 �75 MLMP�}:lZS P1ti:Si:N'I': I31air, Calcitacll., {Va�ar r1I:A1131;ItS CXCUSL:U: Ilarris, Pctcrson 01'III;I�.S PRL'SI:NT: Juari St�las, 5310 Sth St. ,N.L. , 560-6750, Soccer. Ni.ck Scarcclla, GOSl 5th St., N.E., 560-2434, Soccer Uale �nderson, 59]0 4th Street N.E.; 560-1959, Soccer Jay rlisl:o�,�iec, 698� ltickory Dr., N.E., 784-1587, Soccer Dirk Paaverud, 7045 ]:. River Rcl., 786-1984�, Soccer Geor�e ltanson, 1476 Ononda�o St.,N.r., 784-5�72, Concessions SOCCL.IZ T1r. Ju<in Sala.s �eas present to present his request for facilities to play soccer in l ridley. tie stated that 11e �voulci lilce to }lave two fields, one for the boys from 8 to 12 years old, and one for. the boys 12 years old and over.. Mr.. Salas rec�uested that: the Commissior, ask t-he school to per.mit him to have use of their gym free of charg;e. He said that the school �,�anted him to pu�� $5.00 each time he used it. h1r. 13rown reconunended that they invite the Athletic Director and Ca.rl Larson from the school, to the next Cornmi.ssion meeting to di.scuss playing soccer in Pridley. P�(UT1 C�R! b� �lagcvi, � eev�lded b y Ccc.edcUe.P�, �v � ee �.� �d1ey can ab�a�i.Ei �lie e.� e a��he gym �o�. �(ie bay� �a r�.Pay �aec�.. The. n�o�,i,a�i catvi,�e.d. CONCESSION Mr. George Hanson was present to request that he be allowed to take over our concession stand at Aioore Lake Geach. He stated that he had a soft ice cream machine t�i}licri he felt tiaould appeal to the kids at the beach. He said that he had three teenage daubllters ivlio could rizn the concession sta�ld. r1r. ti9agar said that he was not in favor or making a change at this time. A1rs. Cald�ael] asked if t}ie City would come aut a.lzead by lettiilg D9r. Hanson take over t}le concession st:a�id and taki�ly a percentahe of llis gross. It tivas felt thai.: t}iis �aas feasible. �4r. I-lanson stated that he felt t}iat tlie City �ti�ould get as much mo�ley as it made last year, if �iot more. . ' Tir. flanson mentio�ied puttiilg i�i a trailer to handle more types of food, but thc Connn:ission dici not: like ttic idea. T)ley felt t}lat the beac}1 looks better without a tra=i:lcr being there. I L_: ' ' ' ' 'I'he Commission felt th�t Lhey did not mind T1r.. 1{anson stopping by with his tru�k at perh����s a r.e�ular time, to sell his ice cream, ete., but that they did not want to give up the TL1I117171� of the be�ich concession at this time. This item � was put on thc agencla for next month �ahen btessrs. Harris and Petcrson will Ue able to cl:i.scuss it also. • I�ORSIiSIIOF; Lf:!1GUli �Sr. I31.zir exi�lained that the rridley Ilorseshoc I,eague wrintcd permi.ssion to exl�anct their facilities at Co�nmons for pl,iying horseshoes. 'I'he Commission had no objcction to this rcquest. 0 �• 1U A 1 Minutes of t1�e Pat'lcs F; Rcca,-criti,on Cc�ntmi,ssion T1ect.i,n�; Marc}� 24, 1�,., i�agc 2` ! ',, � h40T10EJ by Ca.ed�ve('.�., �5eco►�ded by t4agcvc �a n�a�ch xl2e ex,i.��.i.ng ��ac,i�.i.#.i.e� Ua�� hr��se�shoe i �Gvcawu�g a,i Co�nma�1� Pcuc�Z. The ma.t,c.a►2 ccvvued. � ' � , H.A.I�. SUNDAY SCIIIiOULING b9r. 131air mci�tioned that we have bcen receivi.ng letters from Lhe pastors in I�ridley complai.�ii�Ig about the scliedulin�; of hockey on Sunday mornings. 1-le explai�ied that thi.s i.s bein� done by 1)istrict ftlp. I-le said that the Iioc);ey /lssociation of 1'r.idley does not do tlli.s, ancl that the boys do not have to attend a.ny practice on Sundays, if they want to go to Church. N';rs. Cald�ti�ell iaas askcd to ol�tain thc name of .the Coach ���110 told a child that he.could not pla.y in the games if he did not attend�tlte Sunday morning practices. The C'�cmmissi.on iclt that i.t should take a stand against Sunday morning games or practices. BABE T�.U'I'I� UAIPIRF PEES r�ir. Brotivn discussed tlie fees for the Babe Rt�th Baseball program this year. 'He s�i.d tliat the fee will be �IS.00 and tllat tlie City will be paying slzglltly less for t:r�cir s}iare, than tlicy did last year. � .' ' � � NAA4F. '1'IIr P�RK CONTTST T4rs. {9yatt reported to the Commission the results of the Contest for naming the rc,maining pa.rks. Tlle Commissioners looked over some of the entries and instr_ucted Atrs. t9yatt to conduct tlie meeting judging the results. ADJOt1IZt�TiI:NT �,TOTTON �o ud�aunrti �h.e rne�i.rig a� 9:40 �.m. The izext regular meeting will be l�eld on b4onday, �pril 28, �975 at 7:30 p.m., in the Conununity Room of Fridley Civic Center. 1Zemi.nder: January Mi7nztes /Re��iectfully subn�itted, �C� �t �:,�� j `� ` ?/;��,:�` t y!�'}�att, Se¢retary to the Commission � ' ' � ' � .. ' � . �. ' MEMBE;F;S PRESEN7' : ' MEMBE;F:S ABSENT , OTHERS PRESENT , �� ' CITIZEN BI.KEWAY COMMTTTEE March 19, 1975 Vern Moen, Bi11 Gerads, Jerome Krist, Bette Papke, Dennis Schneider Donna Gardiner, Bobbi Spaeth, Lee Houck, Jan Thomas Jerry Boardman and Bert Slater Vern I�1oen declared the meeting adjourned at 7:33 p.m. Discu��sion ��.ras held on the outcome of the public hearing and it caas decicled the booklet oaou_ld be completed in form and sent to the various organ::zations in the city for their written comments. MOTION BY JEROME KRIST TO CLOSE THF PUBLIC HEARING MEETITdG CONTINUED FROM FEBRUARY 7_6 AND NIARCH 5, 1975. S�conded by Bill Gerads. Upon a voice vote, all votir�g aye, the motion carried unanimously. Mr. Nioen brought up the area by Osborne and Glen Creek Road. The way this �aas set up in the beginning was that it would run (illustrated on map) �ilong Glen Creek Road and back again. Mr. Boardman said cost was a facl:or here, there was a difference from $400 to $3,000. Mr. Boardman said you must l�ceep in mind the fact of keeping bikes off East River Road. Mr. Nloen s�.�d if thei`�e is aln�i: of traffic right away, it could be added at a=_ater date, It �?as d�cided among the committee members that they coulct con-�inue along G�cn Creek to LogGn to Riverview Terrace and back down again along 61st Way. Bert Sluter asked if it was still feasible �ahether they could go along t}ie t.rack ( east side )? I�1r . Boardmar. said it was feas ible to a certain point. Mr, Boardman showed a diagram on the map. The committee discussed the M=�ssissippi River route and Mr. Moen said that future development woulci depend on that particular area. Mr. Moen said he hoped it would be routed with a bikeway. Mr. Boardman said that a route would be eligible for f�tinding and this wouJ_d be a connecting route to Mississippi. Mr. Boarcirnan said they should lobk at this as a long range connector. Bill (�erads spoke of the North Parlc area. This had been discussed at the plzblic hearing meetings near Broad Avenue and Ironton. Bill Gerads said �hey could make a proposal to City Council that Fridley get togethcr with (�oon Rapids to see if they could work out a cornpatible solution. The pr.oposal could be to connect from Kimball to Broad Avenue to 132. Mr. F3oardman explained the street stopped just short of 132. Mr. Boardman said there was actually no connection point with the Coon Rapids trail systE�rn. MOTIOII by Bill Gerads that the route go up Riverview Terrac� up to Kimba�l back to B�oad and go up Broad to the Coon Rapids border and work with Coon Rapids t� put in a trail or path up to the school and intersecting at 132, elim:�nating that portion of the trail now shown at Ironton. Seconderi by Denni;� Schneider. Upon a voice vote, all voting aye, the rr:otion carried unan_unously. Further discussion was held on the Ironton crossing. It was Mr_. Boardman's feeling that if they could not adequately serve that area, it should not be included� Mr. Moen said that Ken Sporre had px�oposed 0 , 2 t the public hearing that there was no possibility of getting a path access �n the ,south side by North Park. Mr. Boardman said it would depend on how th.e nat�ure center decides to develop that area. �'r�e area near Locke Lake was discussed. Mr. Boardman said they could go i-r�om Mississippi down to University, this would serve most of the area. Ti►e railroad crossing at 61st could be eliminated, it would have to be �c�nnected up to Mississippi or elimina-t:ed completely and cross thru Highway ;� at 61st. Then it could be pathed up to Rieemareek and back over. Mr. Boardmar.. illustrated the proposed route on th p �Ix:�. Moen asked if it was acceptable to all members if this particular phase was cha.r�ged. This would mean a simpler solution. 'T]ze roui:e going up Trinity and crossing to Missis�ippi was discussed. It was dec=�ded to eliminate that area from Trinity north and rely on 7th Street �t�� go riorth. East R:i..ver Road was discussed. Jerry Bvardm<�.z said it was decided at the last me��ting to completely stay out of that neighborhood and �o down east !side of East River Road and down to the light at 61st, cross at the 1_��ht ■ and west side of school, go along south to Anna Street. Mr. Boardman said there wss one problem tai.th goi>��g down a block and that would mean condemning some p:r�perty. Mr. Boardman said the bike route would be clearly marked. �If the:re becomes a problem with peopl� crossing at this ne��hborhood instead af the school crossing, bike guards could be installed. 'N[r. Slater commented that he appreciated all the considerations the Bikeway C;ommittee ti�as taking i1i making their decisions. He added that he did not �.hink signs were sufficient in stopping people from crossing. He said the �f�ence t��ould cause a problem as far as getting a snowplow through there. at the cross at 61st and channel �t�affic along T�i0TI0N by Bill Gerads th y -the s�L�th side of the school property. If bikes crossing the school property �off thE� marked bikeway becomes a big pi�oblem, they would have to install ,some k.:_nd of bike guard . Seconded by Dennis Schneider . route �1Mrs. Papke asked ii the area by Ste�enson's school was a bike path, � �or larie? ��1r. Boardman said it would have to be a path. Mr. Slater asked if it was their recommendation tha-t if th.e r.eighborhood had any problerns ��n th:i.s area -they coul: come to the committee for help. Mr. Gerads said yes, -t�~�e committee would be willing to work with them. MOTION by Bill Gerads that in the area they go all the way from Mississippi �down to 64th back to Ashton, down to 62nd, jog o�er to the railroad tracks, down to 61st and across to the school; channel south to school property west to Anna and to Charles Street. Amendrnent to motion: Channel traffic down �to east side of school property and al.ong south side, using bike controlled traffic methods. Seconded by Bette Papke. Upon a voice vote, all voting aye, the motion car-ried unanimously. �� The cc�mmittee discussed the continuation of Stage 5. Mr. Moen said the decisi.on had been mac�e to leave this stage as proposed, being that there �could be changes ���`�eM�,nBoardmanhsaidtitswasnapproximatelyS$43,OOOr quest:ioned the cos � � ' EC3 Mr. SclZneider said that would add considerably the the overall cost. Mr. �Boardm��n said they would break it down into stage costs. Mr. Boardman said that S�tage 5 would be a good stage as far as ob�aining federal funds. � , , � , The committee decided to leave the area as proposed by Rice Creek.and the ra:ilroad tracks, partly on the Metro Council Open Space Plan as a bike i.��ail. Mr. S�ater asked what the conclusion was on Main S-treet? Mr. Gerads said tlzat propei,ty south of Main Street, east going down Altura and down 3rd S1=reet all the way down as a route. He felt that if they went down Main S'�reet they shovld at least go a lane. Mr. Boardman said that the BikeGaa�� Committee s?ZOUld take a stand against providing a bike lane on Main Street, He said there was a poss:i_l�ility of running this down on 3rd to Columb_�a Heights, but he was not sure Columbia Heights would be willing to do this. Mr. Gerads proposed several alternatives on Main Street but the commit�.ee decided t?�ere was no major investment in Main, so the Bikeway Commit:l=ee decided to leave as is . MOTION by Bette Pa�ke to change the lare on 7th Street north to Mississippi; route Mississippi all the way to Madison Street to Locke Park. Seconded by Bill Gerads. Upon a voice vo-te, all voting aye, the motion carried unanimously. Mrs. Papke referred to the February 26, 1975 minutes cf the Publ�c Hearing and sa_d the Bikeway Committee should L�o,:. into the request from Mary Martin , regarct=_ng the crossing lights at Osborne and East River Road. She had recommended special traffic signals. Bette Papke said she thought this w�uld tiave to be a pa-�hway, but perhaps this situation could be studied. �Mr. Baardman said they could go with a path all along the west side of East �:-_ver Road. Mr. Moen said the path could be �ontinued on west side of the� road up to the north side of Osborne and then cross over there as �a path. Mrs. Papke suggested a free right �u�iZ lane on Osbrone and University. Mr. Boardman said the free right -turn flow lanes had been eliminated on Univer���ity and Mississippi and Osborne and Univers�ty because of bus traffic. �Mr. Gerads said the only thing they cauld do was massive laning and signing in thai: intersection with possibly the aid of patrolmenn Mr. Boardman said he wou]_d also have the County look at that too. Mr. Slater asked if they could do as the Denver plan did where they have scattered corners. Mr. �Boardman said that could possibly be.one solution but he did not know if the County would go along with it. Also the pec��strian could have a push-button type signal. Mr. Moen thou�lit this slzould be presented to the Highway �Depart:ment, along with the County and Fridley staff taking a look at it. Mr. Ge�r�ads said this definitely was a dangerous crossing and requ�res further study. Mr. Boardman said they could plan in one section and the Bikeway 1 Commit:�t:ee could recommend the rest of the recommendations where there is a traffi.c: controlled signal at Osborne and East River Road. The conunittee discussed the over-all plan in general. Discussion was held �on hotir neighboring communities had gone about funding their program. Mr. Moen uaid there were certain organizations in the �ity that would support the bi.k.eway proposal. , Mrs. F'�ipke asked if she could receive a map illustrating all modificati�ns, so sh� could present this to the League of Women Voters at their meeting � of Apr�a_1 1. Mr. Boardman said they could receive this along with the booklet. � � � L�1 Mr. Boa.rdmar� said he woulcl be available to speak to any organization in the ,City tl�at the committee would like him to. Mr. Moen stated that he felt regardl.ess of w}lat the committee has for Stages 2, 3, 4, and 5, the citizens will look mainly at Stage l. 'ADJOUR.NMENT Mr. BoG.rdman said another meeting would be scheduled before the meeting with Gi.ty Council. Mr. Boardman said he would try to get the booklet out �by the end of the following taeek. All service organizations in the City will rE:ceive a copy for written comments before the C�_ty Council receives it. He anticipated having these camments by the end of April and presenting � the tat:al plan to City Council by the lst of May. MOTION by Bill Gerads to adjourn the meeting. Seconded by Dennis Schneider. The meeting adjourned�at 9:23 p.m. Members will be r.otified as to the date � of the next meeting. Respect:fully subrnitted, � . �, � ���" �� ) ���,��t�l��'�� �,� ��� `�� Record�rng Secretary � � , � � � � � � � � � � �r � � � CABLE TV COMMISSION March 21, 1975 r1EMBERS PRESENT: Barbara Hughes, Fr.. Ed, George Zeglen, � John Haines r1I;MBERS ABSENT : OTHERS PRESENT: Tom Myhra Terry Shuster, Sarah Hayes, Phyllis Myking, Mark Scott, Anita Benda, and Del Zentgraf Pr. Ed opened the meeti.ng at 1:37 p.m. MOTION by Barbara Hughes to approve the minutes of December 13, 1974. Seconded by George Zeglen. Upon a voice vote, all voting aye, the motioii carried unanimously. � '�,erry Shuster reported from General Television on efforts in gaining rif:w subscribers, indicating they were dropping the converter deposit. Tlze reason being for this was the present economic situation and bE�cause of the init_i_al subscribers the company has worked up. Mr. � S]ZUSter stated they were losing very �ew subscribers. The best r.nethod would be to get the resid�nts of Fridley to take a look at 1c�cal services. Mr. Shuster said they had two gals going door to � dc�or har�dling direct sales, and that this was increasing the direct s�31es force. ' � ' �I � �� � ' M:�. Shuster said they had their first local program with public access :L<�.st Wednesday evening. Fr. Ed asked if there was a bulletin sent out on this program? Mr. Shuster said the Company sends out mon��hly program �;:eids listing al.l programs on Channel 3. Next month a monthly program ;;��hedule will be sent including what will be on public access. Mr. S��uster said he had made arrangernents with TV Times to include a 4 page insert in the middle of their book just highlighting CATV in J,:ridley. These can be mailed to over-all subscribers for the next 90 days. After that period they can subscribe to the book for $6. `.P��rry Shuster said the gals going door to door were asking recommendations _Eor type of programs people would 5ubscribers would like to see. :�:r. Ed asked if they were getting some reaction now? Terry Shuster ;;��id they had sent out 125 survey forms and from the Company's 290 subscribers, 90o are watching Fridley news and sport shows. They have received a good response from the coverage of City Council meetings. News and weather have received considerable comments, and most comments receiv�d were from sports than anything else. The pop concert at the high school was well received. He said they were getting more involved with schools. Mr. Shuster said they could not satisfy everybody because �f difference in individual interest's. Some people wanted more school activities, some did not. Mr. Shuster said they have received good commer�ts from the WGN station from Chicago. They have received many comments from movies, especially the black and white. Many people liked the old black and white movies, others called saying they would :rather see them in color. They have had many requests for school board meetings. 3 Fr. Ed asked whai were other possibilities? He asked what other g;roups or institutions are interested, possibly City �overnment? Ar�ita Benda from the Sta.te Cable Commiss�.on said they wex�e in the Frocess of developing a list of funding sources. There are government grants for public access services. This will be completed within t:rie next few weeks . P�arbara Hughes felt they should develop audio-visual equipment in t:he libra�y for the people. She thought the Commission had to rE�cognize inherent conflicts of interest in the commission doing t:riat type of wor.)c if the commission is a regulatory body. Regulatory ftinctions came from company am�ndments to Charter and justification of- money to FCC. She though-t a staff person could collect monies arid operate the program. She suggested private business or money t:rirough courses. On the evaluation of that basis, the library would be the most logical one because of location. Mrs. Hughes said she was saying to the City bias City government has respon�ibility but riot in the commission. She felt they should separate the promotional aspects from regulatory aspects. She recommended somebody on city �sl=aff to work with this. The City or library ere the most immeuiate places the commission could get action now. This would be a place w}lere porta-pacs could be kept and other audio-visual equipment that t_he public could have access to. . � S��rah Hayes said in some Ci-ty franchises it states the City will ' ciE�signate 2o to the library for public access equipment, but this w�is not in Fridley's franchise. Fr. Ed said the commission could make recomrnendations. Barb Hughes said this had to be justified. �j F3arabra Hughes felt they needed to do alot more work, but until t}iat time the library is the best route. She thought they should , go out and talk to community groups. The committee discussed the f=ormation of task force with the idea of approaching some civic o��ganizations . r � � � � � � ' Fr. Ed sai�j it was the understanding of the committee that the CATV (:ommLssion recommends to City Council �hat they recognize the library as being a resource cen�er to receive funds for audio-visual equipment and some other private organiza.tions. M�^. Haines said he would like to receive the Library Board's view on this and would like t� find out the scope of interest to accept �E�ands for specific purposes and how they would control that. He asked :i:f the Library would accept just donatio�s for use as specified by the giver�. Phyllis Myking said they w�uld use it for that purpose only, not to buy books. Mrs. Hu.ghes said it was not necessary to review the library as an agency but a resourc� agency. Terry Shuster suggested a projected group that would be more than happy if someone gave them :ideas if they were paid for expenses. Sarah Hayes sai:d she could see <3 community video club working out of the library and General Television, �3 liaison doing something like this. John Haines questioned whether they could use the library so �the con�tributor's constribution is taxed? The library could be used that way (not within Charter) and gefi a tax exempt Charter. Barbara HugYies said this would take time �nd effort. She said Mark Scott was equipped to do the producing.:;Fr. Ed asked if the members from �i:7te club �tould be on a task �orce? Sarah Hayes said she thought they would 1 . 2 r:r. Ed asked about particular programs? Mr� Shuster said they have � orie particular program on.Thursday evenings where diFferent groups �:i1m the show. SaratiIiayes said they had one particular program for fathers and sons wiih a re�igious meaning. � � , � m M;^. Shuster explained the service call comments reports. He said tlzere were approximately 16-18 requests from service, 60o are system p��oblems. The installers explain how it is to be operated when installed but the cornpany receives many ca11_s, but Mr. Shuster indicated that a system witlz electronic equipment always has problems. These problems a�:�e being -taken care of the sarne day the request is made. Pr.. Ed asked how public access was coming. Sarah Hayes said they did ric�t have many people calling and, askin.g for time, they do not seem i.o understand that they can. This was being publicized on the GJednesday night program. Mr. Shuster said they could also promote t7iis in fliers. Mr. Shuster said they had taped the winners from t.he -talent show f�om Unity Hospital and said this program would be t:elevised on N`.,rch 26. �fohn Haines said he had been watching on CAT�1 what he could, and was ' vE�ry pleased �ri�th the �rogram on communion in the community. This �>rogram had been donc by non--professi.onals, and caas done extremely well as �ar as content. i � ' ' ' ' ' � � � 1 � NIz�. Shuster commended Sarah Hayes for her fine work with public access. C'J_asses were being held Wednesday evenings and the students liked it �;o much they have decided to continue as a group on their own. Discussion was l�ld on the possible forma-tion of task forces to i.rivestiga�e funding opportunities. Fr. Ed said he had received a I.etier from Mark Scott, media specialist from Anoka County Library. F'r. Ed read aloud the letter. It includecl a list of audio/visual e:c�uipment owned by the Anoka County Library and a list of video tape equipment that the library would like to make available to people of A,rioka County which would be housed in the new Fridley branch. The F'i�idley Lion's Club had donated $2,500 for the purchase of a porta- p�ic, but the library's budget did not allow for the purchase of anv v�i_deo equipment this year. Fr. Ed asked to whom this woul_d be most a�.se_�ul. Mr. Shuster said it would defintely be to their use. (See a.t:tached list ) . S�rah Hughes said there was a need for porta-pacs, the schools had used ar�e to use public access for show shut -ins. She asked if they could a.ccouut for more than one? Fr. Ed said the schools might ��ant one. Barbara Hughes said possibly they could obtain through county funding or state and federal funding, and from contributors as well. She ie:i� this �as a very attractive kind of thing for the CATV Committee a.t: this particular time for community groups. M.r�. Shuster said they had talked about this at the meeting held at T'own C�ier as far as iiiput of what agency could be a central focal point for an effort to get video equipment. Mr. Shuster said they could get Sarah Hayes generating monies, get fees from courses which eauld be used for public access. The commission could direct Sarah in working to give them money for purchase of public access equipment. �C �r. Shuster said it was their move to see a central point such as the li.brary. Mrs. Hughes emphasized without a paid staff person available, tlzings just will not happen. She felt with the experience a.nd interest Mark has, things will happen. F��irbara Hughes asked G�neral Television ii equipment was the major F>roblem? Mr. Shuster said yes, thcy needed cammunity involvement. S�irah I-Iayes added that -telling the pcople and watching the people takes time and money. F�arbara Hughes said she would like to make an early warning system to the City Council that the CATV Commiss�_on would like to City Cotzncil consider and fund (possibly July) some TV promotion person orY staff. She said possibly the task force could develpp that ty�e c>j- person. ' F�:�. Ed said in the formation of a motion the CATV Commission will E�stablish task forces made up of persons who the c77Qirman will select sl�ch as Brother Milton Barker, Anita Benda, Sarah Hayes, Chamber and Lions Club representatives, and a r��ember of City staff who will have as their purpose �.o report to the CATV Cominission on these qi�estions: 1) feasibili�Ly of the library or school or other community _�nstitution as a resource cencer for CATV hardware, tape, library 1�_^aining center, and use of TV equipment. 2) What are possible ��snding opportunities for promotion of public service (CATV) the nature of the receivers,for public funding by schools, civic organiza- tions, private orgaizizations, and what goes about writing up the �^equirements for grants for thes�e funds . 3) feasibility of a c��mmunity production unit that can be called upon to produce public s°rvice sou�ces and:to �ahom shall this unit be attached, or en�irely n�n--profit organization. �+) feasibility of City of Fridley hiring a ��rson to develop CATV as a government in public service. MOTION by Barbara Hughes that the CA�:"V Commission establish the 'I'ask Force and the duties detailed. Secorided by John Haine�. Upon a voice vote, all voting aye, the motion carried unanimously. Fr. Ed said it was his �_ntention to get to this as soon as possible. 'The task Force will report back to the commission at the next meeting. Del 7en-L-graf commentec3 that there is a position open for Administrative Assistant in the City and possibly this could be t:�e type of duty this person could do. He added that referring to the Engineering Department's budget, all monies are budgeted for one year and at the end of the year i� there �s anything left over they try to find ways to use this. He would convey this interest fi�om the commission to the City Manager. Barbara Hughes asked what kind of report the Gity does to the FCC on the franchise fee? Del Zentgraf said he �ou�.d clieck. ��arah Hayes said s'_e haa obtained an access book which was an excellent work book for access on TV. This could possibly be set up in the center. Any member was welcome to use it. F'r. Ed said �:hey would discuss the budget a t the next meeting. He stated new commission membcrs will be appointed after April l, he would be serving as chairman till that time. Barbara Hughes submitted hex� lette� pf resignata�on and stated she was resigning because of job � I� 5 rc:sponsibilities. She would send this resignation to Bill Nee. F'r. Ed expressed his thanks to Mrs. Hughes and said she had been v��ry helpful while serving on the committee. MOTION to adjourn meeting by John Haines. Seconded by George Zeglen. tJ�>on a voice vote, all voting aye, the motion carried unanimously. The meeting adjourned at 2:49 p.m. The next meeting will be held �>ometime in May. ��e.spectfully SuF�mitted, �'� �� � C �i. � i � �Recording�Secr�tary �/ ' ' ' CHART�R COMMISSION MLLTING March 18, 1975 M]�2BERS PRES�NT: Elaine Knoff, Jerry Radcliffe, Peg McChesney, Roy McPherson, Cliff Ash, Jacicie Johnson, Herb Bacon, Edith Collins, 01e Bjerkesett, Harry Crowder ' MI�MBERS A�SEN'T: Robert 0'Neill, Donald Wegler, Francis Casey, Raymond Sheridan, Jacic Kirlcham O:Ce Bjerkesett opened the meeting at 7:45 p.m. Tl3l's MIrIUTES OF THE LAST MEETING WERE APPROVED �AS CORRECTED. Pa��agraph No. 4 was corrected to read: "....relayed the opinion of Jack Kirkham, Don WeQler, and Fran.cis Casey to Ue replaced from their two year terms on the Charter Commission. Clifford Ash and Robert 0`Nei1 indicated interest in con- t:i�luing on the Coz��mission." Pa��agraph No. 9 was corrected to read: ".....rather than as a political issue...." The letter sent to Judge Gillespie asking him to replace these people was passed ax��und to the committee members as they had not received it in the mail. Peg MrChesney said that last month Ray Sheridan had asked Ole Bjerkstedt to act as chairman of this month's meeting if he were not back from his trip. There we:Me no further commuriications. 01e asked what people thought of the Commission making some kind of statement th.�t the Co-nmission was not for the petition. Harry Crowder asked if tze thought s��meone would make a statement that the Commission �aas for the petition. Ole sa:id he felt it was possible. . Pe;; rlcChesney mentioned that even if no one mentioned it, the people who signed � tk►e petit ion would probably vote "Yes", not being a�aare tha.t rlayor Nee and M:r. Sporre realize tl�e petition falls short of the best solution to the problem i�1 regard to the time limits set for elections to be held in event of a vacancy ' f�r a councilman. Mr. Sporre shared this with us when he and Mr. Brennan came t� a special meeting wzth officers �f the Commission. ' ' ' ' ' Ole mentioned concern about whether we would be bound to wait a long length of time before we could put up a different ammendment to the Charter. Edith re.�d the part pertaining ro the issue and it was brought out that within 30 days the new law would talce effect and could Ue revoted upon. Ole asked the Commission again what they felt about taking a public stand on the petition before the election. Harry Crowder felt we should not talce a public p�sition on the issue. He and Edith tal.ked about the fact that it would be - best ta let the petition be voted upon and then put a new a�nendment to the vote in 1975. Realizing, there is nothing we could have done or can do to stop the election, which was prematurely forced upon us by Mr. Sporre and the petition co�mnittee . L Charter Commission Minutes Page 2 March 18, 1975 � A , � � � L_�� ' Harry Crowder said he felt Edith�s suggestion of havir�g an article put in the pa��er describing the c.ost per vote for such an election should be done. Thus, h��ping lo point out to the �eople the importance of being fully aware of the petition a person is si�ning. Ole related watching a cable television show in which a young man asked why th�=_ people on the floor coulcl not be included in the discussion of the Council Meeting. Mayor Nee said it could not be done because there was not a provision. in the City Charter for it; but that he would �;ladly help the youth to draft an ammendment to the Charter.. Ole expressed his concern that this might be t�ne first of many such changes. Mo:_e discussion was held on the topic of the Charter Commission feeling an � ol�:ligation to inform the people of the cost of this e'�ntion and reminding th��m that they should be responsible signers of petitions and not think it is just a game to put your name on a petition. � � D:i;�cussion was held on where this election was '.�eing publicized. �dith and C:1_�ft saw .it printed on one of the back pages of the Sun. Pet;gy mentioned that a responsible action of the Commission would be to encourage people they talked witl-i to vote "No" and to vote themselves. ' A:Eter discussion it was a consensus of the Charter Commission that a statement c��ilcerning the circulation of petitions relative to Charter changes should be m�<ie. Cliff Ash suggested we draft a letter to the City Clerk asking him to nc�tify us of each petition concerning the Charter and also suggesting the ' p�=_tition seekers to come to the Commission flzemselves and discuss the issue be:Eore circulating the petition. � A�iiscussion was held and led by Ole about Mr. Sporre's intentions to bypass the Charter Commission from tlze beginning as shown in the minutes of the September 20, 1974 Council Tlinutes. CI,IFF ASH MADE A rI0TI0�? TO HAVE THE CIT�.' CL�RK NOTIFY THE OFFICERS OF THE CI��RT�R COT'I�IISSION WHEN A PETITION IS FILED PERTAINING TO THE CHARTER. H,�rry Crowder seconded the motion. The motion was passed. Ak']ZIL 15, 1975 WAS THE DATE SET I'OR THE NEXT COhIMISSION MEETING. H�rb Bacon made a motion that the meeting be adjourned. Elaine K�ioff secanded the motion. rlotion passed. The meeting was adjourned at 8:40 p.m. Respectiully submitted, �r�� �7 �, /% Reco ing ecretary � � � � ' ME�MBERS PRESENT: � ' ' � IiU?�iAN RELl�TIONS COMP�IISSION March 20, 1975 Harold Belgum, Grace Lynch, Harriet Hudrlik, Dan �ish, Walt Lizakowski, Karen Packer N'xE;MBERS ABSENT: Katherine P�oss, Carolyn Rouse, Barbara Shea, Ina Prieditis, Allan Rudolph, Leonard Lind, Arvid Hansen CiTHERS PRESENT: Peter Herlofsky Chairman Belgum opened the meeting at 7:49 p.m. MOTION BY HERALD BELGUM THAT THE THIRD LINE IN THE COLUMBIA HFIGHTS�COMMUNITY LIVING PROGRAM OF LAST MONTH'S MINUTES SHOULD E3E CHANGED FROM APRIL 22 TO APRIL 21. Grace Lynch seconde_d the motion. Upon a voice vote, the motion carried unanimously. ' A discussion budget toolc place . � 1�lZe next meeting. ' � involving the HUMAN RELATIONS COMMISSION'S Mr. Belgum requested copies of the budget for Harold Belgum invited Mr. Herlofs]cy to present the AFFIRMATIVE t�CTION POLICY STATEMETdT. Mr. Herlofsky asked t'�_e Commission to �;�� over the statement, and determine whether they had any additions o:r changes for the statement. He said that once this had been accomplished, they could begin putting together the special goals. , Harold Belgum asked Mr. Herlofsky whether he thought this ;should be sent to the State Human Rights Office to indicate the progress that Fridley has made. Dan Fish and Peter Herlofsky , agreed that this would not be appropriate at this time. It should first be reviewed by the City Council. � Mr. Herlofsky suggested that complete goals, a schedule, and :more.study be made into the specific areas of the AFFIRMATIVE ACTION PLAN. ' A discussion on Peter Herlofsky's replacement followed. It was agreed that this person should be one who is interested in and aware of the City's AFFIRMATIVE ACTrON PLAN. � ' ' Karen Packer discussed the recent Veteran's Preference Law. The. �ollo�i,ng MOTION was made by Karen Packer : WHER�AS, the City of Fridley will shortly be implementing its AFFIRMATIVE ACTION PROGRAM in employment; and, 14 � • , , r ' ' ' � , HUMAN RELATIONS COMMISSION MEETING, MARCH 20, 1975 (rr�otion cont . ) WHEREAS, there will be a great need for a qualified person to carry out l�FFSRMATIVE ACTION policies and activities such as: l. A development oi� guidela�nes for interviewing and select- ing employees, the construction of job advertisements, tl�e review of contracts to include nondiscrimination clauses, the development of job descriptions, the review of job qualifications to meet equal opportunity commission standards, and the establishment of a comprehensive personal policy to promote equity in employer actions. 2. The cultivation of minority contacts and recruitment. 3. The �,��eparation of and the design and systems to measure effeetiveness. all report.s required by this council implementation of audit and reporting the AF�IRMATIVE ACTION PROGRAM'S 4. The updating of the City of Fridley's AFFIRMATIVE ACTION POLICY in accordance with changes in state and federal law. , 5. The interpretation of the AFFIRMATIVE ACTION PROGRAM to all employees, minority groups, women's organizations, and other community groups. � � , � � ' 6. The establishment of working relationships where the organization's r�presenting minorities and women for recruitment purposes, etc. THEREFORE, we strongly urge the City of Fridley Personnel �irector to a�firmatively select a person to fill the Adminis- �trative Assistant position (presen�tly held by Peter Herlofsky) who is qualified to act .as an Affirmative Ac�tion Officer for the �ity of Fridley as well as carrying out the present duties of that position. Walt Lizakowslci seconded the motion. Upon a voice vote, the motion carried unanimously. MOTION BY DAN FISH THAT THE PREVIOUSLY ADOPTED MOTION BE PLACED IN MEMO FORM AND SENT TO THE MAYOR AND COUNCIL MEMBERS WITH A COURTESY COPY SENT TO THE CITY MANAGER IMMEDIATELY. ' Seconded by Karen Packer, upon a voice vote, the motion carried unanimously. • � , ' HiJMAN R�LATIONS COMMISSION MEFTING, MARCH 20, 1975 �� ' ' l4B page 3 Grace Lynch introduced CETA. This is a Comprehensive F.'r.7ployment Training f.or five county areas .consisting of Carver, Scott, Washington, Anoka, and Hennepin Counties. She referred to t:7ie fact that the female is not listed as a priority. She alsa brought out the fact that most of Anoka's funds are going to I-tenriepin County . MOTION BY DAN F1SH THAT MIKE 0'BANNON BE INVITED ' I�IF;XT MEFTING ALONG G1ITIi STEVEN ASKEW. " They would talk p��rticular problem of money. Seconded by Grace Lynch, vaice vote, the motion carried unanimously. � � ' ' TO THE over this upon a Harriet Hudrlilc passed out a shee± on Life Conference. Mr�. Belgum asked the Commission if they would like to attend it. F, small amaunt of discussion followed in which no definite conclusions were reached. Ms. Hudrlik also introduced a letter from the Jaycees regard- i.ng a community celebration entitled the "Fridley '49ers" which would commemorate the old -times. It will be held the weekend of June 20. She asked if the Commission would like to be involved i.r� this. Chairman Belgum requested her to find out what other g,roups were planning this. ' Ms . L y n c h then �ntroduced ROCO . This is a hot-line service ' ir� which volunteers give emergency assistance to those in need of h.E�lp in regard to food, clothing, utilities, etc. She suggested that the committee aid this service in the form of publicity or , ti.me spent working on the hot-line. A considerable amount of d.i.scussion followed. ' , u � 1 1 L_J Grace Lynch added that the Fridley Police Department will hE: holding a meeting entitled, "PROTECTION FOR WOMEN." It will be: held March 26, at 7:30 p.m., in the downstairs of Fridley Ci.ty Hall. Dan Fish announced that he does not wish to be a member of I�eague of Minnesota Human Rights Commission. He fel.t that this should be brought to the Committee's attention, because he feels that the City of Fridley should have a representative who wishes at.tend the meetings. i�� to MOTION BY KAREN PACKER THAT HAROLD BELGUM, AS CHAIRMAN, ATTEND THE NEXT MEETING OF THE LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSION. Seconded by Dan Fish, upon a voice vote, the motion carried unan- imously. � 1 r i � ' ' � HiJMAN RELATIONS COMi�ISSION MEETING, MARCH 20, 1975 page 4 MOTION BY DAN FISH TFIAT ATTENDAN(:E TO THE REGULAR MEETINGS OF THE LEA�UE OF MINNESOTA HUMAN RIGHTS COMMISSION BE REPRESENTED F3`.�' MEMBERS OF THE FRIDLEY I�UMAN RELATIONS COMMISSTON PERIODICALLY, I;monthly m�etings). Seconded by Karen Packer, upon a voice vote, 1.lze motion carried unanimously. Chairman Belgum read aloud a letter which he, Frank Dolinar, and Phyllis Myking sen�t to �the public schools of Fridley. It was addressed to all children. The letter proposed the enlargement o:E the Human Relations Commission to 30 members with a quorum of :1��. A discussion involving the participation of children in the Commission followed. Chairman Bel�um said that he had visited the Mayor of Coon Rap�ds. He also suggested that the Commission find somebody inter- f�sted �n looki,ng �or ethnic representatives. Somebody else could :E�rm subcommittees and work on youth, etc. This would require citizen committees of people who are interested. MOTION � � �econded by �.nanimously. � � BY GRACE LYNCH TO ADJOURN THE MEETING AT 10:23 p.m. Mr. Belgum, upon a voice vote, the motion carried Respectfully Submitted, ' ����������� ' H:o11 ��ons er Reco�ding ��cr�ta� ' ' � � 14C 1 ' � � � � �`� :�°i �r 1 � i ti�.. a,�:,��� ,�,�,�;: i �. � Springbrook � � \ r�b kJi'���+, y�.,. ''L,�. . �1,�"� '�`�� �f'" ���� Nature Center Foundation �`�A�.�V��.'��'�'�+�"'r!d"�'.•► n--- \.__.. _... .£k .,4q f . —. : . � _ %ir I �. �_ _ March 28, 1975 Mr. Nasim M. Qureshi City Manager, City of Pridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Nasim: 13ox 32323, rridlcy, Minucsota 55432 (G12) 522-� 188 ' This letter is in the form of a request for two copies of topo- graphical and contour maps of the North Park site which we dLSCUSSed at our last meeting. It is my hope that we can pro- � cure these maps at no charge and I would suggest that the Council be consulted regarding our request. � , If this can be arranged, I will be happy to pick up the maps, at your convenience, as soon as you notify me that they are ' ready. ' � ' RJT:bbb Sincerely, i� �.e�e__�_��_� < /—i�-�-- —��_� Richard j. Trezona, ChairrYfan IICE DIR[CTORS . Areh�luct Dennis R. Nolloway, P�up•ci [h. l. �nrid M«h, Hrw,��cn B�u�<�g���, Mr. Dar�d O. Sehaal, Si+in S�neio� Mr. Jaek P. Valin, iiiie�na��onal LECAL ADVISOR � ()��i�iln�i��.. U��we�.ilV ��I M�i��nr�ula U. ti 1 n1�.i���IIV�AII�h� S�•ivi��.e Min t.i I)�.tin'.t Ni�.4fr R�ull�e�l��nrvl ul Tr!nnnlrrs �t1�e'��T�eruna. l'.��.iirnin�+ M�. LYIn 6�et11nV.. ��"A.� 1�1�•i�iu•�iin ticl„���1 ��I Ai�:h�lretiii�� diul Mr. John E. MeYer. Viul���ti��i�al Mn. Junice fl. Seeye�. Aii�nil�ci Mr. Jnmet Mulkowfki. Nnt�nel Mr. DonalU G Sevolkoul �rl k �h�n.\'���•fl�.i��n�_��� I)�-.�i<I IIS��i�����.•Ci�.iiini.ui I.�i��1��a.��A�ch,�.�. e l;��ni�liin9[i��l�����c� N��iil�Pa�kAillli���.G��i��n�ii�ert Seim�wYouthf��un�laliun �es1 A. Pet�anr•lu. ti���:iri.nv Dr. WnI1u� J. fl�ei�ken�iJqa. Oir��ct,n Dr. DonnlA U. L'ew�n,x1e. Piul�•e�u� ol M�. WAliam N. Pietwr. flnnAei �r. Hxi�i�on 0. Tordofl. Uiiector. RECORDING SECNETAfIV W�n�lon l. Wo�den. n..�, ,���t S��i���ri:��v t n ��lu.. fl��ll At���.��um ��1 Neiinal fl�r1n��V. U�i�v�r�ulv ��1 M���ncs��le Pell Muv wn ul N.�tii�nl H�storv Tne.1��i�.r�o�..M�wn ne i�, �� �� - n11 Chmtan en. f �� a.ui� � Ilniinv un r a ui �e� nni wn.m��e emi��a r.'�ani��� Mn. laoAnn Spor�e � ' ' ,� � I M E M 0 R A N D U M ' ' T0: Nasim Qureshi, City Manager \ I • i ' C4 ' rROM: Dan Huff, Naturalist/Res. Coord.�Z ' DATE: Apri2 7, 1975 RE: North Park �ime �expenditures ' • As requested by Dr. Trezona of the Spxingbrook Natuxe , Center �oundati_on, I will be aiding in the development of a Master Plan for development of the Nature Center. . I will keep a record of all my time used in this pro- � ject and wi11 bill that time over-and-above the normal duties of a"liaisor�" to the newly created Program 227. This record can subsequently be presented to the Council , for a decision on how much should be billed back to the Foundation. � Thank yau. , � ' , , � ' ' , I ' ' ' 0 �� � i � I r CITY OF FRI DLEY MEMORANDUM ' T0: NASIM M. QURESHI, CITY �1ANAGER ' FROM: MAR11Ii� C. BRUNSELL, ASST. CITY MGR./FIN. DIR. � SUBJECT: GUIDELINES FOR SELLING INDUSTRIAL REVENUE BONDS DATE: MARCH 20, 1975 � I worked up the attached guidelines for selling Industrial � Revenue Bonds as you asked in your letter of February 20, 1975. � I forwarded a copy of the schedul�e to Mr. Orvin Olson, Director � of Finance and International Trade, the Minnesota Department of Economic Developn�ent. P�r. Olson made the suggestion that � . we attach the material from the State of I�linnesota to the Iguidelines, otherwise, he said everytning else looked fine. I P1CB: sh cc: Richard Sobiech, Public 6Jorks Director � � � �� 1 �J ' � STFf' 1: Marcl� � l l. 1975 CITY OF FRI DLEY FINi�NCE ULP11RTf4EPdT GUIDELI�lES FOR SFLLIh�G IPdDUSTRIRL REVE�vUE [30NDS �A c�mr�an,y in�terested �in issuing industrial revenue bonds s�ould develop sufficienl: prel imi nary cost es�;�irnates so �that t;hey can tal k ti�ri th a bond ui�derwr�i ter as to the extent of finai�cing needed. , The conpany should contact the C-ity Administr•aiian adv�ising them they plan to seek finar.r�ing through th� use of industrial revenue bonds. � � i � � � STEP �I: The company selects an underwriter to handle the bond sale and help prepar� ini�ormation for th�� bond issue. STEP III: The und�rtivriter requests comr�lete information concern�ing the com;�any, inciuding financia�, histot�ical, production da�ta, and an income sta�ernent for the ne;A� pla»t. In addition, engineewii�g and architeci.ural reports concerning the proposed facility may be requi r2d by the underi��ri cc�r, ancf constr«ct� on cc�mmi tments secured. STEP IV: The atnount of the bond �i ssue i s es�tirna-ted as i n the -�ol l o�vi ng exampl e: ,Construci;i on o-F Faci 1�i ti es Land Equipn�en�t Cos�ts �Engir��erin� and Architectural Fees Total Project C�sts Legal ancl Fiscal Fecs � Interest Quring Construction i �Bond Discount llmour►t: o-F 6ond Issue � , �196 ,000 2,400 100,000 19 ,600 31�,000 15,500(�) 29,500(�3) 20,000(C) 3£i3 , OOU (11) (;onsi sts of anprov-i ng attor,neys' �fees and vari ous admi ni strati on fees. � (f3) �ntei�est escrocved t:rf�ile facilities are under construction. (C) lJndeti°��Jf�iting fee. 7he trustee receives $363,000 to pay construction and other p►°oject costs. ST�P V: The underw��iier prepare� a comj�lete feasibility report with respect to the amount of th� i��sue, daf.,�s and amou���s of pr-incipal paynlei�ts, redemption provis�ons, covenants, and �ther details necessary for the issuance of marketable bonds. The recommendations are based on the prE�liminary information furnished by the cornpany. 16p �I , GUIQELTNES �OfZ SELLING INDUSTRI/1L RFVEPdUE QONDS (CONTINUED) , � s�rr� vl� The company de��os�i ts $5 ,000 tidi th the Ci ty to be used to defray front--end Ci i;y ' r exn�nses, if any, in connection with bond issuc, The under�-rriter and/ar the c.ompany submits preliminary plans to the City Council. '� The Counci 1 has its �fi scal and 1 egal consul ta��ts revi ew the plan. The Counc�i 1 gives rreliminary approval or cfisappi�oval a�fter the fiscal and legal advisors report. back to �hn Coi�nc�1. STEP �� I I : If �he� Council g-ives preliminary anproval to �the p1an, the underti�rriter carries the pro ject: to th� Comrni ssioner o�f the Depari.ment o F Economi c Deve�l opntent providi n� al l the nec.essary information on consLruc�tion and financing nf the project, which may inc1ucie �mong others, the following: a. b. c. d: f. 9� h. i. J• Breakclown of orojects costs; �1el;hod of provi si on of constructi on ; Date, a!nount and method of bond sale; Lease terms and rental paymen�ts; Dut:i es , obl i gati ons , and responsi b�i 1 i ti es of the mun�i ci pal i ty and ti�� lessee; Qond amortization schedule; Ern�>1 oy�ent of trust�e i-F trus tee i s to be empl oyed; Mortgage arrangemen�ts; LE�ase options; Co�renants with bondholders. ° . STEP V:[II: Obtai� a letter of intent to purchase bond issue from an underwriter, or analysis fro�» a fiscal consultant that the project is feas�ible from a f�inancial standpoint. STEP IX: Fi 1 e appl icati on for approval vai th the Comi,�i ss i oner of the Department of Econom�i c Development. STEP X: Prepare and execute iinal agreemerit:s, leases, and trus�t indenture, i F_applicable, and issue and sell municipal indus�:rial development bonds. STEP XI: I�The �.inderr�ri ter havi r�g deteriz�i ned t}�e project feas� bl e submi ts a f i r!n bi d vri th the ex�ict. coupo��is io be set ai; a later date, The bid is accepted by both P�1unicipa1ity � and Coinpany. The bank is selected as trustee, coupons are set, and bond printing is ordered. � � • i � !� GUIUC.LINES FOR SCLLI�dG IfdDUSTRI{IL REVENUE l3UNDS (CONTINUED) 16 C �� � STEP XII: �During the nert three �veeks the bonds are sold, and a trust iridenture and lease ayreement are prepared. ' � STEP XII� tdhen all proceedings are comple�e, a payment date is set. At closing, the legal opin-ic�n is issued, and funds are relcased to ihe trustee for paymei�t of costs of ' the project. STEP 7;IV: . . � The undertivriter requires various reports from the company for the duration of th�: bond issue. � The DE�partment of Econo�ni c Deve loprri�nt requi r�s annual progress reports frorn the company and the municipality, (see attached form letter from the Department of Econorn�;c Development). � � � � � , I , � � I ' � � � � ' ' ' � ' , � t � 1 9 . ,.�' � ,.� � �•Z,�q F ��yy �,. � �� �.• � 1 � t� �� ' � " '�. . Y �` '�� �•'%�I �' '�:� I ' � � ;� � � � . �,, � t � � : ..� � ' ' . : \. .. C ��..,, h. �l�i 1•,<��, J `. �'r ..a� `\� � ,` l. 4✓'. DEF'/�Rl f��lENT OF �C;�JNOMIC DEVELOPI/IENT ��o cr-_r�n�� sTr��_E�r ST. PAUL, M{('�NESO�Tn 55101 � -- �-; �, r f . ����:'r:; :� �-, �,:+ '. � ' � t � ��_� ��..f � ,`� ,; _��.�:,� Max�ch 1.7, 1975 i�r. I''arvin C. F3runse:Ll L�SS1S'tciT1� L'l�L�j ?'1dt1c"I.?i'I' (;i-Ly of Fric�ley Civic Cen�te_r 6431 t?r��_�,rursi�ky Avenu� I�'�: ]�id)_e�,�, I �iv 5 51� :2 I}ear i�;r. I��rt�s�;L:L: `J'}i�r.k you for yot;r 1�ttc�r o`� T`az�c� z:12 9 1975. I uaou:l.cl have only o.n� su��estic�n to �ch� sc�l:�du1� ��ou subrr�i=t-ced. �0 1�?� �ai��z your �L�-�-- �Ler, -t:Jlat h-�inff Stc.n X.C�' in �lhtic�.:�� I ��.,ou:ld r.ec°:�,��.��nd tl_-�.�t vou rrk�}.e x�fc.r_:�Iice �to �Ll�:� iaci: �that t����� I?���u.�-t�r�ent af �;c��r.;�r;tic Iti-�velaprr,��n�t xr-.qui:� � s annual pr�`�ss i��>or-ts �r�;n tlz�=_ corr.�anv ��r�d �t}le riunicipal- ]_ty for �-a�zich Indt�st.r_i_a1. �Z�v<�rnf�� I'�nd� h��.v� be�n tised. I havu E�nelos�d a ��py o:E a For.m 1e-cter outlin;_n� �tne cln�t�-�.i ls rt�ou�sted in tno:;e r. epo��� s. • .�_� .T C�1T1 h'' Of c3Ciijl �r'10?7a�. c`��:iSl.,`:�"`lc:i1� E' `�Ci VOLl � j��E'_c3.SC' COI"1�:c�C�f: 7�`'.c' . Sincex�ly, ,',; -- �;, /i. � �� � s, � . «;� , i% .. " . %i'� ,. '' C�rvin T_�. Olson, lli��:ctor. f'i��anc�� i', 7nte��aL:ion��_1 '_'`ra�lc � OI_� : kci �;ncloat�t��'_ , ' ' � ' AN E_Q!1l11._ OPPORTUNITI' L•hSPLOYF_R � `i . :'. e � 0 16 D 0 �. � _� � � ,�i�,, .�:'� � 1� �� . � , , � ��,� � � r ,,�. , ,,� . _ t , i � � �t ��_ � � � � � � � ��� � , ,� ' � �, 1 �� � �� � ' � � �� � ` �� ` �� � >�� �_�. �1..� kv .._: � � � ,. � •.... ° ,.., .. �.. .,•�. �:.. : `;�,�++��;....a�:w.✓ ��._; "ti. � : �''��,-. D-L=P/1�-rME�1T OF E_CONOPJIIC DEVELOPMEN�T �tso cr-�n�3 s-r��_r_T s-r. r-�nu�_, T,�!��r�cso r�� :���i o� ,�, i �"-�.,� ,/, > �tt . . :� ( � � �� 1 t,'��� �1 ; 1 .'�, r'.� ,,:. ` ,, ,.� ._ , , :; �. � �_ti,;;�� ; f.ile of th� I•�tan � c� =�1 Tndtis-c-r�a1 �:�vr�nt?e I.;or1�I Tn i^ev_c.r�rin�; the - P�--- �_> ,ue for ( co;n-»n��) ��nP�ved hy the Co:�;�u � ;3_an� .r of this I.�.�,.�ar �r:<<�nt on a c.�i �e � , c��e c�o n� ,_ %_i_ncl �1 co;n- I�]eted r�r��z ress r. e�o�t j-xryo;�i� t�i� ���:st ye:3r on the pro-ier�. As �IOU cii�'. c^.�i':"d1�"'_� OI1Cc' 8)%f.'.�3Y' t71�' '�"L"�1���E?P. O?'' T':L1I1"I_C_l_T�ci��l�t�� TT�1St f"1�.E ii T�l`C>�7'� SS I�C'_T?O:('-t: 0:1 `C}lE'. PT �)'�E'_C� G':t�ttil �71° �:07TL:'�L.`�S1_O:1('Y'� ��'}l° n� 7c�Y't? �?T1�: ��'O11�..C:� Z l_} �F? i=�'lE? Y"TX��^1_ `�"b �_Y1C� l;Ci2 : ��� � Ci7j��1 O f" ��he currerit f?_n:�ncial_ �>ta.ter�r�n�t> of �tl1e mrn.nantr; ('L) rit_im,`�:.r. o� E�n�1.o�I::E':> �C�1S-�11'l�;ll'L5'1LL72£7 hc i:G?e'F'_T1 flli! c�:l� 7)�lY'�r°-�7.11�?� ��3� C�iic3I7f?E' OT' 1T1Cr'E'��S�� lri j�YY�C?t.1C:�: Z:tIl^ �� II ��iI1V O �:�!�r 1'' 1Tl�C)Y'TP.�-1L101`1 7'�l"�(-'_C-�1114? hoth -the dir�;,t an;� ir.di..x,�.�:t econom_ic f:�od o�f� ih'.s bu;;_�i1c�s:; to :�h:� ca�r�-�ttn �.t�y. �i�° 7L�c7T��"71�.'il-r c`li>j�1�'_C_ld'f�ES your _131Lr'C�1ci�=E' d�t('ilt:7_O'A1 i0 t"}l15 I::QUE�S�. nN rQunt.. oF��o;;_r��r�i n� r.n�r��_o���_�z ' 16E � , , 0 , . . MEMO T0: Mr. Nasim Qureshi, City Manager FROf�: Gordon ��liddag, Purchasing Department DATE: April 2, 1975 SUaJECT: ERRORS AND OMISSIONS INSURANCE COVERAGE In December, 1973 -i;he City of Fridley rec�ived bids for General Liability and�f�iulti-Peril Insurance coverage for the City of Fridley. The Insurance specii'ication in December, 1973 requested quotations for Errors and Omissions Insurance. Gu1f Insurance Company submitted a quotation for such coverage. However, the premium for such insurance was too costly� , Mr. Shanley, City of Fridley Insurance Counse1or, from gachrnan Anderson recommended that the Ci�y af Fridley should purchase such pro�ection �o insure the elected officials and City employees from any suii that may . be instiuted against them. Please refer to page one, paragraph five. Mr. Shanley acivised the Council to forego the securi�g of Errors and Omission Insurance at this time because of the extremely high premium. As you will note on page two, fourth paragraph, the premium would be $22,744.00. � . , In December, 1974 Mr. Shanley recommer.ded to apply for Errors and Omission Insurance because it could be purchased for less premium cost than in December of 1973. Note page five. . �. � � _2_ P. M. Endsley Company foru�arded a quotation to the City of Fridley for a single year premium of $2,840.00 or three years for $8,109.00. Note page six. P. P�1. Endsley Company submitted a letter explaining the types of insurance coverage the City af Fridley now has and an explanation of what Errors and Omission Insurance cavers. Note page seven. On March 11, 1975, a brief summary was written regarding what the present insurance program covers and what additional coverage was available by adding Errors and Omission Insurance to the Ci�y Insurance Portfolio. Note page eight. Mr. Shanley wrote a letter dated March 25, 1975 explaining how Errors and Om�ssion Insurance wou7d pro�ect the C�ty of Fridley. Note page nine. Mr. Shanley does recommend the City of Fridley to purchase Errors and Omission Insurance due to the instability of the population, and the possible intent of suing the City for some action that t�ras made with- out the 7ntent of harming the City of Fridley. . cc: Marvin Brunsell � 0 �A 1 � � . ,. t °'�.,, rti . . � � ' ' T0: FRO;°�: \ CITY OF FRIDLEY MEh1URANDUP� �� ' . vB NASIr7 M. QURESHI, ACTING CITY P��ANAGER, APdD CZTY COUNCIL MARVIN C. BRUr1SELL, �SSISTAfJT CTTY h9ANAGER/FIN�1i�CE DIRECTOR � SlJBJECT: GEP�ERAl. LIABILITY AND T;ULTI PERIL INSURA��CE �_ � � � ' ' r r � �� � ' � ' DATE: QECEP�IBER 10, 1973 The base bids for genera1 1iabi1ity and multi per�il �nsurance �s received on November 30, 1973 call �For a one year premium of $29,630 ancf a three year permium o� �7Q,431. Th� �29,630 includes the au�ton�obile coveraye fo�� the firs� year. The �70,431 does not include the cost o-F automobile coverage - _ The cost of automobi1e insurance,can.change someurhat depending on� the type of vehicles Hre awn during the seconct aiid thir� year and the City's experience rating. u If the rates as bid were projected for the }�resent ec�uipment, the cos�: -for � the three year period, including automobile coverage would be $87,42G.. This c�mpares 4vith _a bid for �ne year of .�44,1,33 �nd a three year bid af $124s786 three years ago. . This is quite a savings frorn the 7ast bid letting. One of.the reasons for this change .is ihe League sponsored program tti�i�ereby ttiey have put together a special pac:kage to reduce the cos�s of liquor liabil�ty insurance. There apparen�t7y are r��ductions• in the o�;her iiability rates as well. Th� s does make for' one probl em, ho��ever, that i s tive have four insurance agencies ��aith idential insurance bids. � t�r. Sha.nley from Qachman - Anderson has made an analysis of the bids. Ne has po�inted out several items for youl� consideration. The first i�en Mr. Shaniey�� h<�s dralJn to our atten�tion is the �ossib�ility of obtaininc� errc�rs a_nd �omi-�.si- r-� . ansurance cover°�P�T.he City has never carried ti�is type of insurance in �he �sst. P4r. Shanley tvill prepare additionai information on this for the City C��uncil's consideration, and will be present at the mee-ting to ans��rer any questions the Council may have. P�Ir. Shanley points out that the bids as submitted do not cover theft insurince at the liquor stor�es. The cost for° theft insurance, including the�Ft of iner- chandise, ru��s approxim�tely $1,OBQ for three years. The City has altivays carried this type of insurance in the past and I would think we �vould ti�ant to continue to carry it. Another matter h-tr. Shanley brings to our attention is the elimination of coilision coveraye on any commercial vei�icle t�ith a value less than �2,001 and any private passenger vehicle with a model year of 1971 or prior for� a first year savings of $143. For the nominal amount of $1�3, I reCOlillilCilCl tlle City contir�ue to carry t.f�is type of coverage. � / ' I � �1 � ' , .� . �, Ci�:y of Fridley Fri d1 ey, f4i nnesota .� �. ANAL_1'SIS OF ZP�FORMAL GIQS FOR PACKFlGE, PROPERTY & CASUALTY IfdSURAfdCE . � 1.7 C Only seven bids ��rere received �For the bid requirements of the City of � Fric�1ey for t�e next three year term. The bid of the Dre��r Insurance Agency in �the U. S. Fidelity & Guarantee Compa�y was rej2cted because of being inc��rnplete. The otnzr quota�tions rendered Uy the ,�nderson Ag°ncy, P. P�. Ends'i ey Co ., P9�i ner f��cAl pi n Age�cy and �h� Ri ce Cre�k Agency i n the Home Insu�^ance Company and by the Qonanue Insurance l�g�ncy in -the Gul-F Insurance Com�any and the t�lc'verine Insurance Comnany and the Zurich Insurance Company and �y P. P�i. Endsley in t�z l�lestern Cas�lalt;y & Surety Com�any present a series of corrpiicated alternatives. . . Rs a result of the alternatives o�Ffer�d, your consultant has phaned and discussed the items of confusion with th� agencies o; the several companies involved -- the Home Insurance Company and the fu'l�f Znsurance Compan,y, but di d no� consul t��ri th the tAl�stern Casual iy Co�nnany b�cause on7y the general liability por�ion of �their bid ��ras competiiive. , As a resul t of our analysis based upon the �Farmal bids togeiher ti��i�th the consu1 �ati on i nvol ved ��re recommend the bi d o-� �he Ho�me Insurance Co!npany. The Home di d n�t bi d on ta,�o ye�c uest�d coveragts , the Errors and O�ni ssi ons �f a Open S�cQC< T e_t._ 1�5es� ���h�s the N�m� s b�id is,�e;F'fectively�._....�.. approx�mai.el.v�24,QOQ be1o+;� the�tiex�t 1our�st bi_d on a��hree vear premium L�I� have been unable to obtain an indication of the cost to �b��ain E�0 covErage for the City of Fridley but the cost ta obtain the�Ft insurance on liquor stores as indenend°nt coverage �s �1,080 for thre� years i� � adcied to the Home's bid. R Gd�ant�,cir�ate that the E�0 covera�e could be �+ �..... .�,�.5.�,,Po. .,- . J,. .,��.n,., ..�.,,� i , obt�i ned on a three year bas� s at coiis� derably b�l cti� the �22 ,744 di �Fferenti al . ���e P�ad considered picking the bes�t of the sev�ral bids and discussed �this - both 4�i th tFie Home Insurance Coi�pany and a�i th the Donahu� Insurance Agency as ag��r�ts for the Gul-F Insurance Gor�pany but ihe Home Insurance Company chase to let their bid stand intact. Dananue, as agents fior th° Gu1f, have not yet i ncii cated that ti�ey are tvi 11 i ng to do anytni ng other than al l ow i.hei r bi d to stand �ntact. � . , RACHM/1N-AlJDERSON. INC. RISK MANAGEMBNT � � � . . , ,. . . /' ' � .� v � Ci'7t'7� �'""`::.37 �,. �-i�`- ��.�} l�n;.` ;.. �. � v� y��.. t'.� V �_ ,.�.:., ` . , . ��: � r..t:: +dt �� I�st< <Lt�,�..lJ.c.�,. `vi" �>�i� tr.%;% iitL' L..d f i� �:::::i�'.:�i . � ' `r� t�! i�:?Lt�CC�::!'i"n� ��i_,�(....��?�:. „ '`.N� ar_,.. ' r .,_ i r � . -. . . � �� ii f{ f i� ��{� q�iy .Gl: i�'it'.I��c`. .l .i:3 Rii�i � l� �i.iYl:ll)° �2J� tt�'L. i.,:�7\ C.`��..��.._6�11:...� 2�41rYYJl \ Ll� li.�!7 ij•�t.111J 7�1i):��v l�1 1f1�7.:\��"1(!h '�(� . . .....sr._.._�i_'�...'.,."._'�?1 tt7 Li'M....`',�:�.....-f;-��ii� Ci�:�i 1� �i.%i?1 i :3 }•`�i.�'i-.'?e i.l-� .'i�:�i:,. �'t�� -)fi'V�(:ir!"tkiii . . � . - . �.. � r� 1 r..:� �.v.r. r r •� � .r r � r. 1en '�r� ' � ' �e` . � . 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'._ ... `4•l/1iv�uF 7l�Slg ��� �C �lY1R.� R� ML��� W�I�YwI ��4P l>Ab •1��1M �ll�} L- �v��n.. � � i�� i"�:3.� C:tl`f'ic�i1 �� . . .. o;��� $� � y���0 of ��Q��ra��. �� � s ���c�r�ued �ha L ���G+.zs� u:��Fi c:'e1 �Y �i,; - . � 3t3SS°i i?'3'It���►��C�,�{3i�.i? 1"J�,1�7:?°S�a c�.11t� I�?:iti�l,t�?,r�.,� ��'��f'7":':';�G c.�°c `t"=?C,t,�ic�i�y ' - CCCUi"iit,� �o. �„ •• ry �>-. t ;�-e�° r r! ��-*-r� � �•' � � , �!"t �n���� Oi' �r.dS i.,;�4Ci;3i. c.,,..c. C�;1_��..c,� c,�aC%i� �u i`v`c;il 'i,�J lt'iCi �3�1n� '�s12 �vS:t�, 6`''ai�` -�i;? DLi`pOSL� {�l� Gi.i2' �1'!i� s�2C�i-'1Cs'.C'3U> s z•i� �5f;�i� �'ar bi �� fa� a ta�� �F �I��p���P � . . . . -. 't'�a s��l�ra1 ciz�=�=��n� nvnd ��•r,��s �r�ay i�� �s�d �in a�ce�r^�;s���i� �:...� d�sa; �� � ���Si+� Gj Q+i:�f, C��V C�. rJ 1 0� i�'ii'�rJ : . � ' . � - ' � , . � . - . - �a ��t'.l'1�jL� S`��u�1?'.C.�.� �Q�:v�s Tf77S `!$ C'SS�cxli.�z�.�iy � �i�i��•3w �i7`;?17i.� � • �JOi^�.� 0;� a GC;�z:�3 �'t��.� �J�afi�:�?i. ��i'i;� 'a���^ri 1•1�1..r1 :•iC;J�d p� 0'1�t;2 - c1 't`.0'Gd� ic�C� c�..;',0}J�1� Oi ���17. ���v Y'���-'.t'G��SS Cr i.:?'? i;'::i�?i Oi' . � ' �T,?��O�P.�J 'l:i�1"� Pl'tC�ili. �Z "��=,lQ�t,`,�Ci ic"i u7i S�i�ji� �i1'iTG�i�i i:;f,. , 2. ►ior�as �y ;7 an:��� P�s� �1fln Bo:�d � i h9 s�co; r� f•i�u; ci cov�r a� 3 . �;:::p�o;��s up �:.o �h� p��r,a'i uy ��� �h� L�},�' ior ea: � c;�;p�io;��� .. �i,n o�; �r ��rer�� �-c a;so �o�f�:�s co�i��stan). � '� ' S � ', � . . � I, � — DACHMAN-ANOERSON, (NC. � ttISK AtANAGEMENi � ►� . � � ��� : � 17E I: _ ::� }lNi�° tl`J (�I!0�1�:Zf171� c�,'� 'G�l�j t,��";?;? Gi! i.ii? �'^f�:�S �;1-'1 �t:��ISS�i'Ji S G��l��:a�.�. i'?� i:��'�' �� J1�`J3 u 1��, � ;." � n �: � � ' ; ; . � , ;� .,.� ,� ;-� �; ,.. •_ . , ���a�� , � �F�i ��. �"-�'�n •c � cc�� r,ar,.. r` � o'� � ..;�? r� � �. � n�� so zi�� :.. t::� r�ay b� 'i�� a p�s'i��i�n ��� ;�;���n� 7�, a�� ��:a4 �'in�. . '. � . � . .� . � . . . , N~ H BACMMAN•ANDERSON, INC, RISK MANAG°MENT �y . . . � �, h,�,...._._..- ,.. .....:_..�. 17 F � /,:.k. � r. ��:_r �-� •`,i,. ,.�� �:>� .L�.. z�.'"'.., !� �' �.�/rC .�. �f .._. , � i;'�� . ..r` ..� .';� T��" � :�.�� � �`' �.�� :�'�;�, :� �:~� �. II� trvsu;-�t�r�c� o ��r�p�c►���.. �L�»r�l�ac; . .. . .� �'ION;?.;=i3 �I.ili..�ING .. ST. PAUL. 1YJ;�li`!. 5:�701 - ��E�37-2�7-343;i . . � . � 3 �5"�-�� • P}-IILIP A. SH Ni. ,� fi A _Y V1CL.PRc;SID._NT. � . � • � � � - � . � . . . . � . . � � . . � . � . � - .. � . �I�r. Gorc�on i-:idda; � . • . Ci�y oz Fridle� � • Czty fi�l � . � � . . 543? Un�v��sii.y Aver:ue T�i.i�,. � � �zzal�y, �-s.�.L �`���� s5�+21 . . . � ' Y.E : CI! Y UF F�TDLEY . :' - � Es �;^v�S & 0�'rSSIO«;S COV�'RAG; �OR x Li�Ll-C 0� FICTt�S.S .. . D�ar Gordon: � � � ., � . ' � AS �OLI 4�1�.�. rP_C8.%.1. �'f12 OT:E :i:� �i�l }°ft o�en ac �il° f.'I?C? Oi: lli r'�.• . . � 9 . .O u��S�.�Z tL11S y2�X' �•73S ��.° M3i=LE'r O� E'i_?"OiS 2T:C1 Q:i.:LSS7.OT;S (:Otl���v° fOiC �L1�7? C � oificials. At tti� ti�::e of our co:?sid�rat:ions tn� o�z1y filacl ;�o:! :i.c; .. ��as that con�air�d a� a pari. o� t: z xejec�erl bid oc n�naliva �ns�arar.�.: . �. 1I2 tYt° Cl?!-L .LTISUY?_AC° G'O�1?c:2�%• �_t.` tii� `L.l�.°_ Or OL'f l:l°2{�:lT1�S 1�1U �t:'t`'Y' . � fa.linu for publ?c ofi-� cial s F�G had ba.en �ilect i_i �he S�.ate oi ?;i.1� �so�a. Sznce �hal. L.L74i� [� 3�,� �RJ has b��� nade b� o�e� o_� . �h:� exc�ss or s�.:x�:ius � � �.i�es carrzers ava-±7a��1e th�o,�g�z �L�e Jo�:n xi. Cro:�th�r, .�zi�. co:��a�; . A�-� a;��Z_+_cation �0= YLl? s covarag� a�s at�ac��ed �r_d � S�rou�_d su� ���� ��ai. . t�:�s. z:�at�e-r be p:zrsz:�d, - . � .�t would pa ;ny a_Zea th�� th�` �.;��? ica�ior, sh�uld ba com�:l�i:ed ��?c1 �?�4n • ser_t to yeur a��nt, i��e ?', i°S. �r.�I�; Co���ny, .fo� 'i:Lai7�^;1.L"�2i i_o CXO;•Ti.i12� C�'l�Lil t�l° :LCiC2 Of 0;7i21.='1. �b 2 Ci:lOi_Zi:?Ow! o._1C� tfl°Il (�°'���P2'±.L 1i1� '.- , ZIE2��f2�i OZ 220t COV2t<3¢� S�Oi27��e �2 pu.rchasbdo ' xf �haT'e a_e any ques�-�ons in co�n�ct�on ta:i�h this, C�-tdon, ��ezs� ' � pho:�� T��� . . _ . . • � Sincer��y, � ;� . . � -� ` �f ' .. �� � l /, � . , ,,�.,�/ ;' � . ,,,,.- �-�/ s i i . � � - . � ' �. r�. .S�11I1�.P_j7 � � ; . • : . . . Vice �'r_es:iu�nt � • � � r�ts1�.� , . . � �. � " � - I � • ' E:ic�osures ' . .. � _ . � l�flflioi�:il�liinmr.rican tnsurance i.larReting Corpor�tion � � Ifr��cL CarnhricT�r. t1A F:vf;o. Ni) jlcison, *SS I,oi An.^,��Trc. C:l IC:uhua. \F( O.�ki,�nd. C,l Prt��•id�•nce. 7lT Salt Lal:r City, U1' �):ficr� I:� C:hi•: �� u, TL }lirric}���r� . Y.1 F:�nc:�y Citv. bl� Isui:villr, l�'i �:atLvil:r. '1':J O!cl.d�urn.� CitY. OX llrno, ��' � 1),c.�h�r, CA 1l�itford, Cl' I.sn�!�•r, \4Y A1ihv:n:k�r.. \YI Xe��ark. NJ l'hncnis, A'!, ltichmnnd, V:\ $`•�•1:T, ��''t\ ��uburn. �f�: lj�s Afo�nra, TA Il�n��ton, 1'X Linru:n, Mit TS�mcio. 1?7 Tcw OrL••:�n�, I..A 1'i!t<<.�ur,ii. C'A )tockEord, i;. . 7':�:n�n, FL iSaltimntr, A1D llrtroit, �fl )I�u�t:villr, Al. I.ittic 11ock, Alt Alu;kr�;on, �II \rw.York, \Y Yortland, Okl St. Lnuis, \!O \CasSio�ton, I.�. C. • , � � , . — - I ` y t T . � 2 !q' �c�.�e . ,�� ��5 ',�f'�'Y+'.r' faa.: . . �. q- � -7% G � �.�` � P. M. EN%��T.�E"� COMF.I�.NY � .� • ' Over 50 ye�rs o/lnsuiance Service ' � � � j � � �� � . r=. , ���A�- �"' � � � �:a��e:i�.,�.x�z:n. , � MIDWEST PLA2A • NIGOLl.E7 MALL AT E37H S7RtET • MINNEAPOLIS. MINNESO7A 55402 • PHONE/612/372-6201 �?ebruary 21, 1975 1 � �- _ � - � i � . � � - Mr, Nasim M. Qureshi . Cit� Manager � � City of Fx'idley � 6431 University Avenue N.E. - � Fridley, Minr��sota 55421 � Dear Mr. Qureshi. � �he quoLation ior the Ci-ty's err�rs and omis�ian� coverage pzovidir_g limits o� $1, 000 , 000 w�ulc� be $2 ,�4Q ar��nuall.y. or a three yea� ad�ran�e premium of �£�, �.Q9. � am z;�.f-�ching a � s�ecimen policy which giv�s you a�z ou�L-�.a.xi� of '�.�e caverag�. " If you hav� any ques�tio:�s, pleas� le�l: me know. � Your�.trulY, . . � David ��. Seppe7.t Vice Pr�sxd�nt � DWS�mm . cc: M�. I�axvir� C. Brun�ell . � � r^in�nce Dircctar �. �Mr. Gordon J. Middag ' Purchasing Age�it � : � � . . � � � 'i � � � , � ..� � � � � � �r�'�'� � t f; .: ;.�,,, � � .; • �P � bis3ie�iVia'v:!ti:.. � P. M. ENDSL�Y C��/SP...�.°_�.NY Over 50 years ol lnsurance Seivice M�DWEST PLAZA • NICOLLET MALL AT 8TH STRF_ET • MINNEAPOLlS, MINNE50Tl� 55402 • PHONE/612/372-6201 M:arch 7, 1975 � Mz�. Gordo� Middag � C;zty of � Fridley Ei431 University Avenue �.E. F'�:idley, Minnesota 5542I REGARDING. Errors and O:-�lissions Coverage I)ear Gordon : Xc�ur pr�s�nt liability policy provides: 1) Comprehe�sive qeneral 1.iabili�ty, 2) Liquor liability, 3) Personal in- _jury liability (Libel, slander, �a1se arxest and defamation c�:E character), 4) Host liquor liabil.zty, 5) Contractual :L:iability an3 6) Employees as additional insureds. This poZicy is �Nrit�en for $300,000 bodily injury limits and ;�100,000 proper�y damage limits. We also have �$1,000,000 Umbrella policy over and above tha.s c�verage. �.I�he errors and omissio�s cov�rage p�ovides coverage in the �vent that one of the city`s emplayees woul.d make a mistake �r an omissio�. Yo�� could cornpare it to docto-r`s malpractice :insurance. Most 2arger corporatzons do carry c�vurage like this but in th�ir instance it is called "Directors and O�- .ficer� Liabz�i�y". It is very harcl to give you examples of claims or exa-np1e3 as to what is cavered and what is not covered but if you would read the speciznen policy, I am su.re it would give you a better understanding of this cov- erage. If I can be of further assistance, please let me know. Yours truly, -� %i�it,(.11"�--�J',%� � �`W �� Davi.d W. Se elt PP Vice President DWS/mm l7H � �.. , �� .� .� . � � �. , ' �,. � � � � � . ,� ���� '~�' ���, � r� � a 6� m .�. � � ��������,c �,�. (NSURANCE • FINANCIAL PLANNING riarch 25, 1975 Piz. Gordon riiddag City of. Pridley 6431 University N. E. � r;inneapolis, Minnesota 55421 c6,�� as�-os�o _c(°�i �� �� One Appletree Square ploominpton, Minn. 55�20 KE: CITY OF IRIDLEY — PUBLIC OFFICIAL ERRORS AND O:�fISSIONS POLICY Dear Gordon: I am sorry that because oi Uncle Sam I was unable to comply with my statement to you that I would address myself to this sub;ject on Saturday. Your letter of the 17th took an entire week to reach me. 17 I I:� any event, I believe that the Errors and Omissions Policy can best be explained not by attempting to give examples of what might be covered, but rather by relating the coverage�to the city in explanatory terms. An Errors and Omissions Policy for a public official is rou�;hly ihe equivalent of an Officer and Director's LiabiJ�ity Policy for the officers and directors of a corporation. Neither you nor I would consent to sit in this capacity for a corporation which did not carry officers and direetors coverage, To state the coverage briefly, the policy would be designed to cover the city of Fridley and its employees for claims that �aould be made a�ainst them and for which they bzcor.;e le al.� ly liable for a wrongful act, misleadino statement, error, omission, or neglect or breach of duty; but it does not intend to cover dishonesty. : Ttee policy is inclusive of defense costs in connection with claims made, and the policy is subject to a deductible determined by formula. � . From this you can s�e that claims can arise from an act and also from failure to act or from acting in a mistaken manner. Tn your analysis for rfr. Qureshi, I am perfectly a��are that you do not intend this to be a legal document, but the Liquor Liability mentioned in your Item 3 should be stated to be claims arising.out of injuries because of the circumstances you outlined. In other words, i_t is not the intent to cover simple punitive . things occasioned by doing this such as fines, etc. e � Mr. Gordun r�aaa� � Page 2 riarch 25, 1975 d I hope tliat this is what you want, Gordon, but if you wish me to get into this at greater len�th please let me know and I will be happy to do so. . Sincerely, i���' �� � .. P. A. Stinnley Vice President PAS/ra 4 i p #g � �I , � � � � � � � � 'I � l, �� � � w U � � O c� � O H . N � H � O v� !� O R; � w u.� O z 0 H H U H w H �' � a U T+a W H P�. � � A � w c� �w w � 0 U W U � �N `�° z � H ? H a� W rl (n U W R'. a .,� � � O � bD t� y+ � N rn � � � � g � •,� � � a �n � cn �a r. ;r. a ,� a. • � $� H �: C9 � CQ O H H U O � W ti �� w A � . - . - . 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M ..�•`...� � �. .�� i ,� �. � . , ��r �/� � �+�, • . � . 18 Pl�nnin� Commission M.:Pting - March 21, 1973 Page 6 , ' P40TION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission continue the Public Iiearing on rezoning request, ZOA ��73-q5, by Robert Schro�r, th� South�est Quarter of �he Southwest Quarter of � Section 2, T-30, R-24, excegt that part taken for highway purposes; rezone from M-2 (heavy industrial areas) to R-3 (general multiple family dwellings), the Westerly 493 feet, and rezane fra�► M-2 (heav,y inaustrial areas) to . � C-2 (general bu�iness areas) a1i that par� o� the Southwest QuariFr l;f.r_� Ea�t of the WesterZy �93 feet, except tha� part taken for highway pur�o�es, until the Counci�. has time to �pprove or amend the comprehensive plan. LJ �� � � � ' � LJ � � ' �n his second of th� mation, �ir. Fitzpatricic said this was a jud���,w�:nt�l considerat�.on when thc Cammissian. recauzmended �e had more irldLStrial iand than we.need and that a�ultigle ��a�llinSs were � gooci use ior this iocati�n. C;.,airman E�ickso� said ��e can cor�t�.nue this unt�l our next c�eeting. He asked Mr. Glar�c when the Cou�ci�. would reviec� the comprehensive plan. Mr. Clark said they woul�d �et the minu�es of the l:�st Public Hearing an April 2nd. � Mr. Fitzpatrick said he would withdraw his section to the motion. Mr Sch�edeke �aici i� t�iOITLD WITf�Ii?RA.t�i HIS I��TON. Mr. Fitzpatr.ick said thar �ai.th.in.9tB days we should know if the Council is going a1on� with the progosals of the comprehensive plan. Mr. Cl.arlr �aid ti�e reque�t cou�d b� contia�ued for a shorter time, and act on th� ���t of the �roge�t� that �: requested to be rezoned commercial. This would allo�r the �S�titioraer to m�ke sc�e plans far the commercial area, i�OTIORs by TTinish, �econci�ci by F`i.t�:patrick, to continue the Public Hearing by Lhe Pianning Co�ni�sian un�il April 4, I973 on rezoning request, ZOA �73-05, by F.oberC Sct�rozr, on �he Sou�hwest Quarter of the Southwest � Querter of Sectian 2, �-:�Q, �-2��, �xcept that part taken for highway purposes, rezone from Af-2 (heavy i�adustrial areas) to �i-3 (genegal multiple family dwellings) the W�aterly.493 feet, and rezone from M-2 (heavy ind�istrial areas) to C-2 (gener�l business areaa) aZI that part of the Southwest Quarter lying E$st of the We-..sterly �:93 feet, except thaC part taken for highway purpases, �Co accomodate the pQti.tioners time schedui.e and take into account the CounciJ. revi�w of the ccmprehensf.ve plan. Upon a voice vote, all voting aye, the motion carried unanimously. � . .,�-°''.... --,�--...� _ . �_ S. PUBLIC ii�A�tING: PROPOSED PRELZt�iINARY P'LAT, P.S. �73_-01, UDOLPH BAYE�; � , A replat of Lots 12, 13 and 24, Black 1 Spring Lake Park•Lakeside, ' ��,,,,.P.�'`` � � �J Mr. RudoLph Bayer wae present. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commisaion waive the reading of the Public.Hearing Notice on proposed preliminary p1aC, P.S. #73-01, by Rudolph Bayer, Upon a voice vote, all voting aye, the motion carried unanimously. • � 0 Planning Commission Meeting - March 21, 1973 Page % • Mr. Schmedeke said this request had been continued from the February 28th Plats & Subdivisions-Streets � Utilities Subcommittee to March 15th. Mr. Bayer was not present at the rlarch lSth meet�ng but the SubcotTUnittee made their r�counnendatio� to the Plann�ng Comanission because it was sctteduled for a Pu�Ifc Hearing tonight. The Subcou�mittee recommended to the Planninb Cox�ission that �he five proposed 72 foot Iots on McKznley Street be changed �o four 9d foot lots, and that the 20 feet to the South of the lots on Lalceside b� zncluded in the plat as an outlot. 2�ir. Schmedeke said ehe S�nbcommittee t�ad been quite ri�id on meeting the requ�i�ements of the ordinance, except in hardship cases, and �hc�y did not iE�el �his ��as a hardship . A'Ix. Clark said �his request wa� caLlrLnued to a11ow Mr. Bayez to confer witli otner people in his firm on this recouanendation. Mr. Bayer said they sti12 wanted to pl�t the lots on NlcKinley StrEet into 72 foot lo�s. Mr. Ericksan asked the purpose of ma�:ii�.g an outlr�t of the .South ZO feet on Lakeside, r4r. Clark said th�s 20 feet �aas being purchased by the adjacent pra�erty o�a*_ier on the South end of this Plat. Mr. Erickson asked if we had any assurance Che lot wauld be purchased. Darrel Clark said not in wrriting. Mr. Eayer said if the 2iJ foo� was nvt sold it would be added to the lots on Laiceside. rir. Bayer saici if the lots on McKinley were to be pZatted as 90 foot lo�s, he woulc� r.atcher leave the back of the plat as it is. We will just plat Lakeside. . Chairman Erickson asked if there were any utilities in on McKinley � Street. A4r. Clark said there could be sor�le power lines, but there were no water, sewer, ar street. � Mr. James Rudnitski, 1658 77ttt Avenue Id.E., said he opposes the 72 foot lots on AicKinley. He also objects to McKinley Street being opened. 1 Mrs. Jean Alstrom, 1645 75th Avenue N.E., asked Mr. $ayer what type of house he was proposing on the 72 foot lots. Mr. Bayer said it would be at L-split with a S1 foot frontage. Mr. $ayer said that although the lote were only 72 feet wide, they were deep enough to have 9,864 square � feet on each lot, which exceed� the minimum requirement by 864 square feet. With the large lots on Lakeside, Che people living on these lots would be much less than if we met the minimum requirements on aZl the Zots. 0 �� � � Mrs. Alstrom said she had no objection to th.e proposal. She said they were also xequesting that.McKinley Street be opened. Mr. Rudnitski asked what type of zoning would apply to these lots. Chairman Erickson said they would be reaidential. There has been no request for a zoning change. � � L_J i i P].anning Cornmissian MeetinQ - March 21, 1973 � Page g Ai�c'. R. M. Pasaenheim, 3558 Kr�ox Avenue North, Minneapolis, said he was egsaking for Sandra Chelstrom, 1670 77th Avenue N,E., and they were a�raid these i�auses would look 1.ike cracker boxes ns did some other new hames in Fridley. I�Ir. �a�er said he thouglit they �aere referring ta the 235 housing. 1 The hames I�jr. Payer was px-oposing are nothing like that. Mr. Bayer said the homes he cranted to build would upgrade the neighborhood. ' Mr. Leo Heyne said he h�d taiked co �he xnan �aho wanted to �urchas� proper�y from 2�1r. Bayer on the SouL-h side of Lakeside. He said the m�n said he was purchasing 40 feet. t�r. Dorrala tdehlast, a partner af .ir. � • �iayer, said he h�.d �alked to the �;urchaser and it was a misund�xstancia;�. They were onLy �nfng to se11 2d feet, � � � � , � , � � � L� � � tix. Fitzpatrick asked th� naane of the purchaser. Mr. Ba�rer said hio name was 2�tr, Cornell, 7525 L�?cest�de I�rive. iie said Mr.. Corne:'.i wauld have been here tonight but he recently was discharged from the hospital, i�fr, Cornell needs the pregerty because part of his garage is alread�y on the gxoperry. Mr. Robert Henderso�z, 7600 Stfnson Blvd., said Mr. Bayer says thi� will be a nice dev�lopm�at but open land is nice too. Mr. Bayer said ther� ��s a school goi�.g in on the 6iest side of Lakeside so there will �till be open land in tl�e area. Mr. Gene Lake, 7584 5tigson �lvd., said he has been paying assessments oa his 10� for eleven years a�d he �ti11 daesn't have a aecent street in front of his hou�e or any cu�6ing. T£ tiaey o�ea� McKinley, I will get Io�ad�d with asse�szn�nts for the baci< cf � lot. I couldn't keep my progerty with aI1 th�se as��.sau��n�€� . . He said he had brought a letter fro�n bavid A. Bergsven, 7566 Stinson $lvd. N.E., �hich contain� d>:�. Be��sven'� feelings on this proposal. Mr. Lake resd the letter in �,�hie�� Mr. �ergsven stmted his'opposition to the opening of I�cKinley Street. I�Y7TION by �'ftzPatrick, seconcPed by ZegLen, that the Planning Commission receive the Ietter from David A. �ergsven dated March 20, 1973. Upon a voice vote, aIl voting aye, the mot�on carried unanimously. Mr. Bayer said we are not reall.y asking for a street. We would like to have Lakeside platted so �e �ould start building. Mr. Gene Lake said that once develop�ent starts in the area, we wi11 end.up with McKinley.SC�reet ogen whether �we want it or not. lir. Bayer said that when the street cemes up for consideration, we Cou],d m�et with the property owners and work something out to mutual agreement. Mr. Clark said we have had another request�to consider the opening of r�cxin�.�y'Street. There ie no scheduJ.e seC on the opening of the street, but i� �his �laC was a�proved, iC could come up for consideration. Mr. Bayer said we'xe not the one's �tio ��quested the street be put in. II� ' � l8 G Pl:nnning Ccxi�mission t�:eetin� March 21, 1973 Page 9 Mr. Schmedeke safd we maybe should have an either/or clause in our ordinance. The '72 foot �ots do not meet the lot width requirements, but ttte squaze footage e:eeeeds the minimum lot requirements. Mr. Erick�on asked i�ir. Schmede?ce if the Subcommittee considered ' leaving th� back part o� this plat aic outlot. Mr. Schmedeke said the petitioner was not at �he meeting, and they jus� considered having the lots meet the code requirements. Mr. L. A. r�lstr�an aaid [hat 2300 feet is already dedicated ror the atreet. There are ou�.y four propert-y o:ar►ers who ha�ven't d�d•icai:�ci i��iEi for AicKinl'ey Street . � - P�ir. Erick�on asl,ed if �he�e w�3 anyone on S�inson who wou1�1 war�t to subdivide c:as pro�erty i� tic�:inl.eq went in. I�ir. Rudnitski said i� would be our only aZtex�native because c�f the assessments. Mr. Lake asked if they could wait and subdivide their lots after the street has been pro�osed, or it they still �aould have to pay all the assessments, P��r. Clark �aid ti-�e City h,�� ffia requirerient that aIl the asses�ments hac� to be pai.d at ance, but mosC mort;ate companies have that require��ent . • Mrs. Alstxom said we are paying taxes on these Iots now that are worthless to us. If t�IciCinley is o�ened up, it would raise the value of the lots. She thought they would �ain �uch more than they would lose �f Ric�:inley was o�ened . Mr. Fftzgatrick saa.d �t th.is m��tin�;, and a� other meetings, there. were people who did noe e�tpreNs an o�i�b�on. He said he thought it was very importan� ttzat peaple who att�nd these Hearings express an opinion. t�iOTIQ�1 by Ze�len, seconded by �itzaatrick, that the Planning Commission close the Pub2ic He�ria� on praposc�d ;�re2iminary plat, P.S. ��73-01, 5y Rudolph Bayer. CTpon a voice vote, a11, voting aye, the motion carried unanimously. . � Mr. Schm�deke sa�d the petitioner shouldn�t be stymied completely. He thought th� �iatting of the 85 faot lots on Lakeside should be allowed and make the back of the property an outlot. Mr. Minish said he thought the Ccxnmission should ask for some type af agreement on thQ purchase of the 20 feet on the South side of Lakeside. MOTION by Minish, seconded by Schmedeke, Chat the Planning Commission xecommend to Council appXOVal of tt►e preliminary plat, P.S. 4� 73-01, by � Rudolph Bayer, a replat of I,ots 12, 13 and 14, Block 1, Spring Lake Park Lakeside, with four 85 foat lots on Lakeside, and four 90 foot lots on . McKinley, with the South 20 feet befng made parC of the plat as an outlot, the £inal plat not being approved until a copy of the purchase agreement is �urnished the City, and escrow o� purchase price to insure that the owner to the South is purchasing the property, contingent upon the filin.g of the plat. Upon a voice vote, all voting aye, the motion carried unanimausly. i� PUBLIC HEARING M.�F,TING OF MAY 14 � 1973 PAGE 14 18 D Mr. Copeland sai_d it appears that there would not be enough land for this to, be: f.easible. ,�CITION by Counci.lman Utter to close the Public Hearing on the vacation request t>S� tiz'o Tetnp7.i_n. Seconded by Councilman Starwal.t. Upon a voice vote, a11 voting a�re P����or T.i.ebl ueclared the motion carried unanimausly and the Public F�earing c1o:>ed at 1.1: 37 p. m. FtI:CE.SS � t��yar ?.ieb1 called a ten minute recess at 11:38 p.m. ' Tt��,e O:��VEi,I�:D : i°�ai;�<��: T iebl reconvened the meeting at 11:45 p.m. }�'l!':�' :' ': ^�,EAF�ING ON F INAL PLAT P. S. �� 7 3-U 1, BY RUDOLPH B!-�YER. A REPLAT . OT' LOT: � ____.__.._ _ _ __�— :�_;� ,: a�; AttiD 14, IiLOCY, l p SPR1ti�{= LAKL PE`_P.K L..AF�ESII)I�:: l�i�:?`:�:;%�i by Councilman Breider to waive the readin� o; the Public Hearing Notice. ���canded by Cour�cilman Utter. Upon a voice vote, �11 votiag aye, Mayor Liebl :I��clared the 1110L10I7 carried unanimously and the Publac Hearing opened at 11t47 p.m. 'T'ze Czty Engineer said the request was for four. lors on the west side and five lots on the east side and the Planning Co:nmission had recoaunended approval of the plat. i�e said the Planning Commission had recauunended the lots on the east side to be �our 90 foot lots rather than five 72 foot lots. The City Engineer said the applicant ha.d requested the lot spZit to 72 feet to defer the costs of the utilities �n the area as they �re expensive because of the conditions. Mr. Rudolph Bayer said ther.e had been a man in attendance at the meeting to elab�rate on tlie type of haiue r.hat they built, but because of the lateness of the hour. he tiad not remai.ned at the meeCing. Mayor Liebl askQci Mr. }3ayer what price range the home would be in. Mr. Bayer ' said the ho�es �rould be three bedrooms, split levels, all with double or triple garages, �.ncluded plans for glass slidin� doors and sun decks out the back. � , Councilman Starwalt asked if there is a fu11 basement planned for the homes and if there would be a water pr_oblem. ' 1�:x. B�yer sai.d there would be full sise windows in the basement areas. He said ttie lots to the north would need fill and th�y were trying to find fill for the - area. I � � ' �Mayor �.ieb], at�ked if there was anyone present who was opposed to the p1.at? There was no response. MOT�ON by Couneilman Nee to close the Public Hearing. Seconded by Counc�lman �rei.der. Upon a voice vote, all votin� aye, Mayor Liebl declared the Public iieari�ng closed at 11:51 p.m. PUAL�C iiEAFiING ON FINAL PLAT P. S. 1�73-03, BY MICHAEL SERVETUS UNITARIAN SOCIETY E►. REPT,.AT OF I.0'T 8 SECOt�l7) FEVISED A.S. 4121 EXCEP'T THAT PART TAKEN BY THE CITY: piOTIQN by Cauncilman Utter ta waive the xeading of the Public Hearing Notice. �' R�GULAR COt1NCIL NIE�TING OF MP,Y 21, 1973 � , � I PacE s - 18 E -T � � ' OI�S DERAT�ON OF R}�:7.ONING RFQUEST 7.0� �k7�3-0"3 BY SAM TEMPLTN TO RF.ZO:�'E LOTS 1 AND 2 N�D 39 1'IiRU 42 13L(X:t: b i� R�SDL':Y YAttl: �DD I'rI(Y.�1 t�'hc��1 R- l to t:- S: , r1QTi0N by Councilman Nee that the petition fc�r rezoning be denied. Secanded 6y Cpunci.lcraan Utter. ' ' MpT�(Y�1 �y Councilman UCter to receive the letter from Mr. t�-�land, :�1r. Templin's Attoxne:y. Seconded hy Cc>uncilman Starwalt. Upon a vuice vute, all vpting aye, �� M,etyox' Li.ebl declared tt�e motion carried unanimously. MT. Pexx'y Copeland, Attor�ey for Mx. Sam Templin addressed the Council. Mr. Copsland said bE'i:pz'e the Council vaCed on the item he though[ Chey should consider the I' alternfiCivea of use of tt•:r� pr��perty. tfe said there had be�n a number of propoaAls for son�ej type af d�velc,p�.�nt u1 th� property, and it is very difficult. IMr. CopE;land said it canfs.flt be assumed the property can bc: developed under the presdn� zaning as ther.: are no reasonable alternatives. CouncilcnAn Nee said he tE�ought it would be feaeible to develop the area residential ', an EasC River Road. He said he dici nr.t believe it would be harder to sell Chese prQge�ties on East River Road tnan it would be tc� sell those Mr. Ten,plin had constructed adjacent to the Railroad tracks. He said he hated to be arbiLrary, but he felt three , 61�g1� f�mily dwellings c�uld be constructed there. � ' � , �J I � � ' C�unc�.l�an Starwalt said he had heard no better proposals f�r the area and he thought th� proposed canstructio:� was a very nice residential strucLUre. UpON A VOICE VOTE, Liebl, Utter, Nee and Br�ider voting aye, and Starwalt voting flay. Mayor I,iebl declarz� the motion carried and the rezoning denied. C�.iSID�RATION OF VACATIOD+ REQUEST S`�V i�73-02,MR. SAri TEMPLIN, TO VACATE NORTIi%SOUTH AI�L�Y IN BLOCK 6, �'RIDZ.E�" �i?�RK AllDITION : MpTZON by Gouncilman Nee to deny the vacation request by Sam 'remplin, SAV �k73-fl2. Se�COnded by Councilman Utter. tipon a voice vote, all voting aye, Mayor Liebl deClared th� mat�on carried unani�ously. �,n.,;....:,.:�,u,:.c.....:....,nv...y,h . AY C�3S�ER,l�TIOr1 OF FINAL PL,�T P.S. ;k73-01,' RUDO�i'H BAYER, A REPLAT OF LOTS 12, 13. �ND 1!+� BLOCK 1, SF'�tIN� I��tiE PARK T4:�'r;SIDE: M�,yor I,iabl said there ar� two proposals . MOTION by Councilman Starwalt to grant the approval of the Final Plat P.S. �k73-01, by Ruciolph Bayer and approve four 85 foot lots on Lakeside and five 72 foot lots on McKininy as requested by the petitioner. BCCOnded by Gouncilman Ut�ter. UPOtd A VOIC� VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously� ���ct �nu IO'� SPLIT BY �LR DAVID BERGSVEN, 7566 STINSON BLVD. N. E. : Mr� Bergaven nddresaed th� Council atating he was requesting a lot split for the portion o� hia property chat would abut Mc�Cin�eY Stzpet. Mr. Bergsven said the legal deecription of that proPerty would be as fallowsi .. .._ , .. .. . .. . . ..._. . . �� • , } � : . k . . :, : • �.. . _ . . .. i � - , , . !- �;� . '�6ci � "� �s .4, ve .� � 1 ' i� � �' 18F c' o . . .� r • , , � �r .�!.�.� y�_._:'�:i'... .._..:',496.... °'O C �� ��, ,'.. , / � . � , ` r . : ' � � � .�� '* ._<..:0_. . ._.:__. ��� i �J. �r� .:'b.J/. � ' _ ) g �) : !r 9B � • " � �, 7 , � T � � '� w U c.' � d N 7+ � . .; � . ,: . .i , /g �� � ' ' __. .. - .. : , �, _ . .�� � � i t,�6J. ,..Fa�. .. ; � (' ., . + "� c1t9`G '9?.y1 �ooc - - - ' � i . �; . . ' - -'--_. - -'__ -. �...-------`---_ ' I � J 4 G' t � r '_'_. .. /_c. ,._ '.' �,, '� t I . 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P.S.ik73-01 RUDY BAY�R A replat of Lots 12-1�+ Block 1, Spring Lalce Park Lakeside ,� -- � -,� �_• �� V 9: . � � ..' � ~ +� �.✓ �w j 1� r` � • f'. �y ii L.� . � - -.- ' � ' • .- :.- - �- 1 � �.� . ��.,_,L,'. ---M-�-�'., � � ,,..-..._- '- '" ` � � ' � � � • 'I b � .. � - 4 . . . . . .. �3 „ :t . ` I i� � -� 1z .� ., l8G I � - . . ... . .... � ... .... _ , � ; . .. .-'. :. . . .:,. . _�:..: : . .�..� � . • �' - � •� ' .: :.�'.... .:.:'.:� ., .' � - '�'.. . . .,. .. . . . .. . .. . . . . . ... ... � ... : . �.... - : ., �.... _ . . . . .. � ' —_'_._ __'_ __ _____ "'_ _.'__ __"__—_ _'"_ __ _'_—'___ _'___� '_ __ _.__.__'____ __—_ __"_' N � � ���«: �a;,,, , � � � -- �i�;;f r...9o�,vs . _ . . ... . . � . - h -- � C7'G �'� — - — - %, . * ., � � .._ .. {, f --� .---°-- !; `) ` � /'� �,� o , . � `1 �`, ,,,y,i� �, SI � .e�.✓ n...,.r'� `�.,..V �! ,i:a• a.� i `�.� `! 1 ii�J .�'i �9' el � J �[; 1 _ � � � �_ y„_' ��)��JS � �-- £ O�'!_ OUCL �,�_';-% CO �L J� ��L � I I t ' I � I 1 : . �11 -�LI � '� IW � i O_. � n.�r1 �W � n� � �R�' � ��� �> �� `J � ^'1' � (� .' C; � '� \ � N'.O � �i„ �� t� ti�, � `'V ; O � � - n� ��� ���1i ��,�i ��° � M ' 17 V � � 1'n �� �` �� ! � ro ° � o! I � " ' � �v��. � I I 1 co � � , O ` ::. _ _ _ --- _ _ - , — - -- -- - , ;_ . -- - - - .'a.�,. � ��U� D Ui o�/ tv.. �p "� _t-- - � __�—� C" - ; � �L --- -= 1 N—�i— h l! O�Z/ -- 7n� i , �J,. 1 ,i — ---- — � bJ't)--. �---- —�(�tR �- --- r��,�;_, �' - � /C����% - � _t,-___ � � rr-- .. I O v /u���>so� �f19i!/� P:m �(ouia�r° ;i�.,�,�� �. '�O �U � - l MJG/F� � �/ /�7 � ' � ! �/Op� f i isaM �o ,�u�l rs��3 ' i / \ ! � 0 , � i o� :t I p I �i o � � � � � :u � � ,� � v o Z t � •� �.� ' � \ O .,, ' ^ � `? (�[� p fJ � O i o J ) )') �V Mo %,� � ` � i 0 ' �� R� � ` � r o ` '� (i� �� � . O l� � 7 ... � �O � � � I H � ^ N � , I ` I . � rR� c5 0 V� � J � F, f,�17 i R t•H h�' /' p "." �_ '__"_ �— __—__ _— ( __ � - � __._ - J(I15 _I:�V7 �bt�J I w•� ' :NJ!'id5 - � .. �F� �/� l. _. � ...._ _ _ _.... .__.. 4'I�v/� .. ) CONSIDLI�nTION OF LICJUOR LICENSF APPLICATIOI`Z FOR P.iAPLE LANT:S 6310 HI GHjVAY ; 65 N. E. ( ON AGrNDA �T RTnITESr!' OI' PTR . SAVELKOUL ) 0 � \ � T0: • .�� � r .�a.... k1.i...� t// � /5 � ' r e . April 4, 1975 THE CITY COUNCIL, CITY Ur P'RIllLEY RLMARKS REGARDIP�G THE AME�DED LIQUOR LIC::NSE APPLiCATION OF MAPLE LANES PENDING BEFORE THE CITY COUtiCiL ON APRIL 7, 1975 1. The application is presented, completely revised, in compliance with the recently amended ordinance and meets all requirements with respect.to seating space, dining and kitchen requirements, etc. 2, It involves a financial commitment of a substantial six-figure investment in order to comply with standards as laid down by the City Council. 3, The restaurant would be a completely separate facility, �� walled off from the bowling center operations, so that res�aurant patrons would be in the same situation as restaurant customers in any other first-class restaurant. 4. The application, if accepted, coUld be expanded in the future with further additions to accommodate city-wide anniversaries, banquets, meetings,etc. 5. There are presently in excess of one hundred bowling center-restaurant operations with on-sale liquor licenses in the State of Minnesota, according to advice received from the State Liquor Commissioner. Many of them compete directly with Maple Lanes. Granting the agplication �ould enable Maple Lanes to . compete effectively with these establishments in obtaining leagues, state tournamenCS, and otherwise, and which would �. ,... .. - ---- , ` � 0 I involve thousands of out-state bowlers coming to Fridley, and .to the advantage of the entixe community. , Respectfully subMitted, FRIDLEY RECR�ATION AND SERVIC� COMPANY William A. Gottwaldt, President Mary Jo Savelkoul, Yice President and Treasurer Donald C. Savelkoul, Secretary -2- • � j . ' I � I i !� t, �i� .� :�� { •,.f.:�,`. � L� \ w..�.� ._.., ., l [ t t[ .� [ :+ { =ry� I t • � i j, 'y� s..."' .K_{a_ _ t.,.,. �: ' � ,-. �� g � ��� �H ' � �� ".h . _. _ . . ° ' ����� � � f� �� : � i �_��� � j� � 1` ,� :��y j _ f t�z��t jj : . � ..i.�l.. .�_��� .�� ... _ ���.� � ✓ ;1 _ . _ �t ` � �-� � • `�ttY�> ��- � ,�, *^f'lc� •3�' , �. � , l � ( �/ �. � �4 L.....]__J ��.�R.� � , . . S ; " � K:.. .n —•F . . . . - ���^ . . � .. .;F� ... .. � vw . a . . � . t r � � . . . , . . � ?q !. }.� .,+ yr.�wi:�. -�'- ``iy� %. :t�. . � 4 � . Y . � t • � � � # • ',� . . _ _.� . � � t.:: ; � ^ � � -------.► � �� �a � � €�- , r • ' ff � � z `� � ' � e � � �� � h t' Q � '.� �7 � � a � � � �i:Y f ^� . w � � z r ( � �E � � � . M � r--.—� � Q, � � • � � � �� � � � � Y• � '�"� ' `�� �� i t� <i . � ' . � r.�4y--�+.., � i`� � . . , . , . � � �� � �� •a i,.,:��'. � .. .. �9 � . .� r . ..__ '_.. . - -. . .. ._ . .`:,� h3 j _ ! . . s �,j 1 j (� tf a" - r R'° r_'cP�K '�M s's. ' � ����P��`aT ��"'� � f ( f � � � �- _ `� ��: �� � ,.� s�r : �� .,-� 4 ���t E 1 : �".. „��- � c,� - ti.+.. _.. . � ... . � � ! i: +Y"�... �__� ._i`� � . ..1c- . , m_ : . ,;� . ... • •.' �u . ; -..�a .. - �tiy „ � f ^ :.:� 4 �? :"� ...�1)' �g „ `__� � ;:Cv -�� � �:�..,�����..-..._.:,.� � .� .���. �s �,� {��.�x.. ��. , __.�l�l I�� 11 �-� �.. ;rS;�� JY . ��� �4�v` fh �� �. _ � _. . . � ; . _ _ �S� . ___ _ _ . . i � �{ '� �[�v� � � - . �. _,� �. ' , �� +'? i .: � tti � f � ..t... , _. . K'�,N�3T . �__ _"'. ._�_ *r,• . y�' . . . . . 1 : - . . _ . . . t - . � A ' . � ., . . . � `� t! "ks- a�-" � l. ' ' � � ittt _.__._ �-- A'` . t s '�'�J',y_....�� 4 . 7. k . _ � ( �- �� "`��S���r� •N��s ^tli'� '�}} . ^ ' L '��,j ��� � ��—_'�" "'� � r ~ � � ' �... � � ! � � ; � ` t� 1 � ! .. P � . � " . ' . - � � � . F � . . . . � . . . i � � % . . - . . � . � r. OF�ICE 0� THE CITY MANAG�R CTTY OF FRIDLEY T'�F�MO T0: CITY MANAGER MET'IO FROM: ADMINISTRATIVE ASSISTANT DA`I'E : APRI L 3, 19 7 5 SIJ'3JECT: THE COr1PREHENSIVE EMPLOYMENT TRATNING ACT PROGRAM � As of April 2, 1975, the City has hired the following four individ- uals at the noted positions: 1. Bruce Nelson �dm�,n�,strat�.ve. Aide 726 Birch Street i�anager's Offi.ce 2. Bruce Brandiwick Maintenance Person 4340 Quincy Street N.E. �ublic �Iorks 3. Douglas Haertzen Natural Resource Specialist I 4348 2nd Street N.E. � �'orester/Inspector 4. Lowell Ederhoff Natural Resource Specialist I 4613 Fillmore Znterpretive Naturalist 'A�� I have stated above, all of these ind�.viduals have started Wednes- d��y morning, April 2, 1975. They h.ave been assigned to their rE�spective departments, and appropriate payroll information has bE�en submitted to our Accounting Department. Mr. Huff and I have been in contact with Anoka County, and we have submitted our budget f<�r 1975. The Accounting Department has also been informed of the procedures for reimbursement through Anoka County. The contract bE�tween Anoka County and the City o� Fridley has been received and needs only to be signed by the City Manager. Attachments: 1 Proposed Budget CETA Program � _ _ _ , a . � • � � //')I(�' � i..V � qo \\ � \ � � u � � � ' a�i o � i � m � .� � � � . . p t � 1 , . i �. . L 1 I � � M ' ^ , � � N 1 1 � N 1 ^ p 1 I � I ' . � 1 1 1 � � � 1 � , . 1 0 N � � � { k ^ � M � , -n �' O -x' M pp ? � � � . . � O O�' � .� �, O F' M QO � � N O N M �� N -7 �' N M p � � VT N N N Vf N v a/f w � a� � � � � . . _ ' � , . . • ^ � \ M � . I ( .7 O �. � � � � p u� � O O � I 7� M 61tf1 N 7 � MM � N . '! . V� �l iR N VF � VY Yf� y� � � f d � <^ •- , � j � �i 1 � �i � i � Z O 2 N � ' � � i i � � � i � � ' � � 1 � 1 M � � 1 � � 0 I 1 1 �O ^ � . . � ' U ._ • ' , ' • M N � '1 Z � N 1 1 I M � N i Q � � 1 1 � N' � � ' ` Z W 4 t-�- ~ 4 . <. Q u� � ; � C � � , .- \� M ^ � �L.. -� -Y O �' M N � .-. O -7 \ Z 3 0 0 ,� ^ °O . �, .� :n W p N M � N � �n � ^ O M � �- N M � V n. Q V � VT S/T t!f LT N N�.• �/} O . C' � `) � • Vi J LL' � S Q. � � -? O� M N �\ O �O I . 1- ^ p p -7 , ,�. . • ; `W j Y � • • N � Q . N ^ y+ N Q l 6 1 l.(� (V � „ y� M M ^ I 1 ' � U � � i/1 VT N N VT l/Y � t/f � � � y Q U � ;i , , � I � N N � L L 7 O , ' � � r °G.. �a,A ` U Q. t.� d �' O� O �O Ol o\° � ^ OC. K C" > > C O OS � � �^ 1 O •- . . . • . 1 � . Ci W�. �a.+ \ N Ol lf� (V . .? J N N � 61 a' OC N L� � V1� N i/? N t? N v � � ' Q. f" _J d a-+ . ln Q �- Ifl �""" _ N N � tf� �-L'1 J U +' t- ? O.S N N M� t N V �� C LL O O�' N � � I� � OD � 1 a�N � ^ OI�N � � NN 1 •- , Q ..�.� � N Vr Vf N N N� I � wz N � � W � ' 0 - p � � � -? O �7 � .� p M 1 ^ � 00-7 ,.- 1 .� LL Q W � Ql ^ N ^ � ^ p 1 -S w ? � V1� N t? Vf N �A v 1 � O. � ~ � . . � a.. K W ' . � N Q 00.7 N tNl1 OM � �; , ' � U C3- _ . . . . . ^ , 1 I M � � Z ^ � M1 N � � O ' OO o ^ Vr �n tn tn Vf tn `-� � M Q N O � �'' d ^ I � . U '� E O � � N o m .' ` u u ►"' N � N N � \ f i�O r- T t7 v�i v�i u`F � C E 1"1 M . o •moc c � � x ��° d `- n a m� � E � ¢ z � . �" m..� a� a E a� a� - � in � _ �,,,, p S ' - "' _ �" �c O S . '7 .- a v- �n w c� v- u W" p a. p 10 •- Q = ,,,i v�i a 3 � F- n. � . � � � .� � 20 B 1 � � . N O1 J � � d . • M F- N. 0 r � � N � � � J � � � M �. O � " f" N t11 m . N � � � . N � . N O O cV O cV N � M t11 Lf1 00 00 Ol Ol � . ' Ql dl O1 � � O � ^' � CO O O N � � � � Q M ul 41 O '"'1 � l!� 111 � M M M � � N � � � � � � � , � Q K � � O � d t.� O . � � N � � O N � J � � � � � � �D �D � "7 � '� � ' � � � ~ Z , � Q N tf� � � I� � � -�- I: � N N N � , , . .�- �' oC Z CO 0O � 0 -� �D �O O � 6l Ql Q1 O J � 00 Ol � � N t/? N VT V� t/> i? i/� � ' , '� ' , � -O � •— C � r � 0 j ¢ U V � ¢ V V L ' � � N. N w � o. n. n�.. > a N a' n , J , . N V� '� N � ^ Q .�..i N a� +-r V N ca `L° w v�i c �, '^ ;_" � � ty z yr •_ •- C N ^ r C M o � ro � � � " 'c � L a�.� �c L ti. +� � , ~ 7 7 C - 7 7 C � �-+ +-+ Fr- p 'EO N N •� � Z Z � a- - p. Q Z Z E a V ' ' "�'" T0: FROM: SU�JEC;T: DAT� : CITY OF FRIDLEY M E M 0 R A N D U M NASI"9 M, QURESHI, CITY MANAGER MARUIN C. BRUNSELL, ASST. CITY T9GR./FIN. DIR. PROPOSED LEGISLATION AFFECTING TAXATION OF RAILROAD PROPERTY (h1B-76) APRIL 1, 1975 There are two proposals before the legislature affecting the manner in which railr�oads are taxed and the manner in which these taxes are distributed to muni r.=i pal i ti es . At thf� present time, railraods pay a five percent yross earnigns tax. None of this �ax is returned to local communities, except for certain railroad towns. Fridley is not one of these railroad towns. One proposal beforetVie legislature (Senate File 691 and House File 676) would tax railroad property on an advalorem basis, with each community retaining the taxes raised from this assessed value. In its present form, taxes so raised would be ov�r and above the levy limitations. This, of course, is subject to change, as the bill is n�t necessarily in its final form. The other approach involves a new formula for distribution of gross earnings taxes. This approach is recommended by the Governor's office. Both railroad and telephone grass earnir�s taxes would be distributed back to municipalities under the Governor's proposal. It is est�mated that Fridley would receive $257,542.30 under the gross earnings proposal. This is a substantial sum of money, The rr�oney received from gross earnings taxes would be deducted f rom the amount of money� the City is able to levy as real estate taxes. This might be some disadvantage. There has been some discussion about the possibility of allowing a portion of the gross �arnings taxes to be considered outside the levy limits. Railroads favor the advalorem tax approach. Apparently, in total, railroads would pay a somewhat smaller tota� tax using the advalorem tax approach campared to the present gross earnings tax. Our /�ssessor has secured an estimate of the assessed value of railroad property from � Burlington Northern. Qased on this estimate, approximately $3,132,000 in assessed value would be added to the City's tax base. Fridley would receive approximately $46,G00 based on our current mill rate. In addition, the schools would receive an � estimated $169,500 and the County $69,900. This is assuming the Fiscal Disparities � l.a�v did not apply. In as muchas this would be industrial property, it would appear , the law would apply, unless it is repealed or changed. li� � Tt appears that it would be in the best interest oi the City of Fridley to favor a redistribution of the gross earnings tax ($257,542.30 vs. $46,600.00 less 40%). The attached sample resolution would out the City Council on record as favoring the gross earnings tax (Governor's proposal). . f�CB:sh 0 � . . , , . . . • . . . .. .. . . 21 A IT0: FINANCE DIRECTOR ` � FRQM: CITY ASS�SSOR SUBJECT: R�IILROAD ADVALOREM TAX VERSUS GROSS EARNINGS TAX REDISTRIBUTED TO � CITIES AND TOWNSHIPS, AS CO�AREb TO PR�SENT SYST�ri � DATE: APRIL 3, 1975 , __ _ € $ 6,300,000.00 Building Value in Anoka County � .75 -- Percent in Friclley E � � $ 4,725,000.00 -_ Value in Fridley for Buildings � .43 - � $ 2,032,000.00 -- Assesse.d. Va1ue for Buildings � � ' - . � $ 2,560,000.00 - Trackage Value in T�r.a_dley � .43 __ � $ 1,100,00Q.Q0 -- Asses�ed V��.lue far Trackage � � 1 _ i $ 2,032,000.00 -- Assessed Value for Buildings � , 1,100,000.00 -- Assessed Value for Trackag� �� $ 3,I32y0Q0.00 -- Total Assessed Value ' i : : Mill Rates Tax DolZars .05412 School $ 169,504.00 � �, .02222 County 69,593.00 . .01488 City 46,604.00 .40457 Or_hers _ 14,313.00 � .09579 TOTAL $ 300,OZ4.00 , This would show the City receiving $465600.00. T�is estimate was on the � conservative side, and information recei.ved from Mr. Knutson of the Burlington- Northern Railroad and Mr. Maitland representing the Minnesota Transfer Railroad indicated that it is possible for the Ciry's portion to go as high as $68,200.00, - � and the rest at the same ratio. This basis of taxing is propo�ed to have the income,go to the local governments outside of th2 levy Iimitations. It should be observed that the proposal would create $169,500.00 of tax for the schools, � of which the greater portion would be in the Columbia �Ieights School District, and $69,600.00 for the County, of which about twenty-five (25} per cent is in Fridley. There would be other railroad taxable property in the County, but'it would only have about one-third the value of that located in Fridley. This bill � would help the City o� Fridley, but it would be a loss to the people of the State of Minnesota as an overall picture. � Then we have the Governor's proposal which wo�ild redistribute the gross earn- i.n.gs tax, zn which the City would receive $257,542.30, but none would go to the County, school districts, or metro governments. This is proposed, but it would � all be within the levy limitation. My guess is that the advalorem proposal would e.nd up that way also, plus the fact that the State would rule on it as being within the fiscal, disparities law by which we would lose forty (40) per cent. , � � pS � ' . . '�'�„ �� RESOLUTION N0. 1975 RESOl.UTION SllPPORTING TI�E GOVERNOR'S PROPOSAL FOR A REDISTRIQUTION OF GROSS EARfdINGS TAXES ON RAILROADS AND TELEPHONE COMPANIES , WNEREAS, Pro�erty taxes tend to be highest and most burdensome in cities aricl in the absence of some action by the Stat� Legislature, municipal property ta>;es in the City of Fridley will increase in 1976 and 1977, and WHEREAS, The City Councii of t��e City of Fridley strongly favors the reciuction of municipal property taxes, and the most feasible way of accomplishing th�is without drastically reducing essential municipal services is through the d�istribution of railr.oad and telephone gross earnings taxes to cities as proposed by Governor Anderson, and � I�HE!ZEAS, Local units of government receive no property taxes or other taxes fron� railroad or telephone property and the City of Fridley will receive ap�roximately $25�,542.30 under the proposed distr.ibution of telephone and railroad gross earnings in 1976, and WHEREAS, This method of tax reduction is preferable to other alternatives being considered. � ;dOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Fridley respectfully urges the Minnesota State Legislature to distribute all of the telephone and railroad gross earnings taxes, amount�ng to 46 million in 1976 and $49 million in 1977, to local units of government as proposed by Governor Anderson, � and BE IT FURTHER RESOLVED, That copies of t'�is resolution be transmitted to the � Governor of the State of Minnesota, P�lembers of the State Legislature and ti�e League af� Minnesota �lunicipalities. , � ' M � . ' � ' PASSED A�ID ADOPTED 6Y THE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS A7TEST: DAY OF , 1975. CITY CLERK - P9ARVIN C. BRUNSELL � MAYOR - WILLIAM J. NEE . . > , � � . • � r ` ' • .. ' . . � ' . . � �. � �, � :i. , `'. 4 . . . , . . • � ���:� � i �li��;�� ;;;t � ' . .: • . . .. . � lfit��i�-�;��= le��ue o-� minn�s��� rr�unici��li��E� i „>> =� , .. . . . � . . _� . . , . !I�l:� . . . ' Te` tor� . Se ember Ilc. IS71� � . � � �.pproved by the Lt;��i Baard o£ Ih� c , p� � ' � •' � . � � � � � �, �., � . . , A POSITION P.�P�� ON THt; T�.XAIIOrd Or R�ILRO�.DS .�:NJ . � � . TI� DIS'I'F�ZbUTION Oi� T'"tL t2�'.SULTING F�E;VEPdUE ..': e' �ntroduction � , _ � � T` e m�-�ner in rr'nieh railroad� should' be taxed in Minnesota �r.d hcvt the r��t�lt�.ng � . _ �et�enues snould be used or distributed i�as becom� the sub j se u of considerdble fnter-est :u�n� the last two vr three ye�rso T�ro lavrs v�,�ere enaeted dur•3rg �he 19`73-7�� session . . • . . �f 1' s leg�slatt:x�e which relatEd direetly t� �his sub jeet e One mads rai.lroGc3s sub jec � �a e 14iinr:esota eorporate income tax, 4�hich v�as not previous3y t'r_e case . Thc other ���ded f°or the place;�ent on the ballot in the 1974 e� ecticn �f a ce�isti-tutic�al .: � . Jn�nd.m�nt wnich vrculd remo�e fro� the s�ate constitution the pre�sent gross Earnir.gs . �a�on railor�ds a.*�d allo<<r the ledis? a �ure �o determine the type� an3 l�vel o� taxation . . � . ,. . 'e railroads as it�does fox� oth�r industr�es< Scveral other bills �re�e int��c.uced � .. C . .. � � � � 1 . . � � � . • i... ':uring the 1.,73='74 le�islattu°e v�hich vroald have increased the gl oss ear�inds tax on . _ ; �a�roaas, a��tr�:butea �zi or p�.rt of tha gross e�rnin�s tax to loc�l Units of' �uverr;r��n � . ` . . " , � nd �'°P��?..e�-. the prespn� g:css earnings tax and taxed r•ailr-oad ���per�y or_ an ad valor�y? . : � t ra s. This latter approach was contained in a bill (S.F, 604-H<Fa b40) spcnscr-ed by � � • .. . � �h�htiru�e�ois, R�ilro�ds Associa_tion. � • ' ' Implici�; in these several legislat3ve proposals are tro basic policy que�tion�� �� �� . ' • . ,� 'irsi, shali railroad re�l pr-operty be taxed cn an ad valorz� or e gross earnin;s b�si�? 3e�nd, shou].d alI or a major.part of the result�ng revenues be distributed to 1c•caZ w�3.��. . � • G .; �Q hanover building, 480 ced�r street, s�i�t paul,' minnesota 55101 [612) 222-20E1 , ..\ , . . � , - •. . � ,.� govcrnmFnt? � : . � . ^2_ , � , : . � The pu_�os� af this �aper is to e�p�ore these two questions with II �rticular. e� a_ hasis an tne � i�-npact the ans•rrers Qrould have upon those municigalitiEs , w;th sigi�f'icant railroad propertya � ' ' � � . , II> The �3asis i"or Taxing Railrcad t''��^operiy - Ad Valor�m cr G�oss Ea�°n�nGs? , ' � , pd Vslo�Em Taxation . 21D '' � Thos�: �rho advoeate the taxation of �ailroad proper�y on zn ad va�orem b�sis stress ihe argum�.r�t iha� in tha presznt econo:nic enviror�,-�er,t �herz is no jus �� fiCdtion to singlE _ ,�t xailrc��.da for specidl tax t��atm�n�. Since the 'vast mGjer•i�y of indus�r-ial a�oper�iy �eluding �t,he other segm?nts of �ihe tr-�nspo�+aticn i��.ust�y �.s t�xed on an ad vaioreru basis, uhe rail_oad industry sh�ul.d bE trea.�ed cn a'�as�s ca�s�ar�ble tio diher �ndust�ieso �en the �ross e�rn3nds tax v;-as placed in ine It�nnesota state con�t�tiU �ion su��ie ane dred ye�:rs ago, r�.ilroads had an ez"fecti�e mor_opol�- on tr�r_sportat:.or.e in t�his . , " . r � - : � . . . . . - ntext,quE:sticns o£ t� equality or neutrality 3et�,een compe-ii.�g roees of t��n�porta-�ion �d not arz.seo Hovre•rer, sinee railroads no lcnger enjay sLCh a �r�onopoly, so the a�ou,y'r.-c. goes, they should bE t�xerl on a�asis which is comparable to other pa�°ts of the trGr_sp�r- ., �tion incic�.� vey. - - , The t�r�derlyi�; inference of the argument is that �he g�o�s earnings tax on :ailreads diserimi.natcr;� and results �z� a.-� undu:�;,V hea�ry ta.x btixdena Hovrever, tihe f�.gures used the h�i� rir�esota Railroads Association d�!ring the '1973-74 session of the l.egisl�ture �dicated that tr.e suin total of the taxES tirhich r�ould be paid by �he railroads ii they , we�e subj<�ct to the Minneso�a corp;,rate income tax ar:d ad valoren tax on their real '��roperty wauld 'oe ap��oximately equal to the pr•esent 5 percent gress ea:nings tax, ,,�lthcugh t.he ta�c impact on indiv3dual railroads v�ould be srarp?y differ�ni bet�veen the tw�o metho�s of taxation. Consequently,,_ as of that time their orrn figu_�es did ne+ � � � ��. , � , ' � . F . I '� ' . S ■ ' � . � . . �3+ . . � �: . - u E : , . . . 1 ti �dicate a disproporLior.ately heavy tax load on the r�ilroad industry as a arhole. ' Of cours� their relative tax status chang�d during the 1973-?!, sessi.on of the legislature �hen ra�lrfl�ds v�ere m�de sub,�ect to the M3.nnesota corporate ineome tax in addition to: �. . . � � e 5 percent gross �arnings tax. Ho�vever, even if �t could be c�emonstrated that the �� - esent rate of gross earnings tax is highez� than it should be, the rate could be ad3usted �wrlv�ar� r�ther ihan charlging the msthod of taxation, if the pending con�ti �utional. � amer�drr�ent is passed, � . ' -- - _ . _ - _ � ' .. . • �:"�Three additional pcints need to be emphasized when dis�ussing sh�fting to an ad falcrem bas�s of tax�.tio:�> First, chs.r:gir_�� th� basis of taxir.g x��.il�oad r�eal p�operty -�m gross eyrnings ta ad valor�em v�ould not resu.� in treat3ng railroad propsrty the ame as other• real prcper-ty for tax pU.zposes. This is beca+�s� the p�opo�ed method ef 'ssess;n�nt is na� ccmoax�dble to those used far oiY��er tyFes of s�eal proper-tya i'he bill -sponsored �by the M� nneso �a Railroacls Assoc�2tion would h�ve ihe Cor�-niss�.oner of F.erEn�ae �stabli�h tr.z value of railr�ad proparty o� a"unit" b�sis - that is,,.as an org�r�ism �. - �: �x� systEm �no.r•e or less 3ndependent o�' the v�lU.e of its par��e The�e a�e ����°r��� � ; ,i vchieh can 'be rnadE for th�s appro�eY� s.5 dis�inct fl�orn havin� local .$ssessors valt?,e Each �.' . �. ,iece of r3ilxcad grcger+�y ir:div�idually as is �donA c,�ith m::s � c �h�r industr•ial pr-oper �y e ., . . . � � The imgor��nt point, ho�vever, is tl��t even if the ad valo��rn basis of �axation is used, ` • - - .i �ailroad,pr°cperty wi11 no� be treatEd as other prcp�rty for tax p�..rposese ihe "uni�„ . ., asis is not used for any o�he:. t�e of real propzx°ty fn M.Lnnesot�<. Farther-more, ther� � ' � � - � is�reason to believe that zhe use of this me-chod would rESUlt in taxable values for ���� . . . 'I `� i. 'ailroad p��perty that would be subJtantially less tha.n eamparable property that i� i:ndex ; thpr o�crershipo This arises from the fact that nor�e of the meth�ds ta be used ?o � �. stabl3sh the unit�value �f a railro�d (i.e., captialized value, the market v�lue of .�toc� and debt,,�and historical cost dep:eciated) bears any direc� relationship to the market �alue of its real prcpe�ty. The fact th�.t railroad earnings have been depressed -�or a number o£ years would probab7�y res�il.t in e�t.ablishing unrealistically law velues ' ,' ' ' . . • / � . . , ;, � - � .. . . �,� . ',. . � .". . -4- � , .. � . . ,or railroad propertg if a"unit" basis is used. � 21F . .. • , '- Second, expprience in other states indicates that a great de�.l of litigation aften � results from using tha �d valorem basis of t�.x.ing railr��ad praparty, whi12 there has oee� 'ery little lytiga.tion in recen� years s�er��ing from the g��ss earnings taxo 1tJhile tY:is i 3y not be a determinir.�; consideration in decidi�� for or �gainst ad valor-e:n taxatic,n, itigation is expensive and �ime consumzr� and should be avo3ded v�here pos�ibl�e � ' . ' � , � Third, �h�.ft�.ng io an ad va? orEm basis of taxation for �^�.ilrczd �rcperty vro�sld z�ot �er�re to e �eourag� ra�iroads t� make effic�ent use of �tnz I�nd which tney hcld, u:\s�c��e,Ii; r�ilroads 'ha�re been r���toriously ineificient in thG v�ay �hey f��ve used Lheir land. �n �rt this :�as beEn because u��der the gx�oss e�r�.ings me�hod of taxation; no tax �c3s �llected on Iand whi.ch �ras unu�ed or under �tilitzed, One of the advan-��.ges rL�:maliy .� associated �zi�h ad valc�em t�xatior is tnat it Qnecu�a;es Iand owner�s to put th�ir la.n3 'o the "hi�;hesti �nd b�st n.sz�, since that is the basis upon �vnich its valLe is d��era�.r_�d � or tax pt�tpcs�s, hcv�etrer9 if the 'tuni�r' bas�s of establ_Lshir.� value is t?sed, ih�.� d�rax��ag� :£s completely lo�t, sinee the :i..nEf�3cient use oi lar_d would no� sygn�.fic�x�t7y �f fe�t the value of a z°�t�i�o�d as an e�cnoi�ic t�nito , � " � � �oss Earn_ir.�s Taxa�Eion _ �� . . , Perha;,�s the most persu�sive az gu.�a�nt, in support cf gross Earnings i,BXSi;lOTl is 'cIr�.ni�trative sim�plicity, Certainly th� exgcrier_ce in M�nnESCta vrould suppor�; this r�ircent t�r.d xhen the virtual �.bsence� �f Titigation is added, this �xgumznt; becomes , . . .7 ery canvir..cir�g indeedo . ' . 1. Anct�:�r ar�'��er�t 'avoring gross earnings taxation is thati ihe revenue tends to �ncrease in respor.se to ir,£lation wlthout adjusting th�: rate, just as is the cas� of �he sales tax and incomQ tax, Typically, ad valerem taxes r�espend mu^h rr,ore slo�r-iy to 'I �flatio�axy fcrces �and �I ' � if the "unit" basis were used to establish the market value '��. . . . . : � . � =5- � . � . . . � � . 21G � �. �.. � . .. . . . . ., . . � is ad�*acated by the Minnesota Railroads Association, it is unlikely tha� the revenue. �'�I would 3nerease at aIl aver time unl�:ss the earnirrgs of the railroads inc,•eased signifi��r��ly, �, � : . ' . . , . ' • ' �The d3.sadva.rta�e most commonly cited by the opp?nents oi gross earninos taxation is . I�at, as nated above, if "s�.�jects those inr�ustries ��'ectr�d to �peci4l z4:� tx�atment. ' wever•, trii� Qro-�:.�en;; �s less val.id ir. Td�nnesota than other states because � telEphone � . � o�er �y j.L, also taxed on a gr�oss earnin�,s baszs and at a rate ( 7 p�re�r.t� ), �hi.ch is ' . � . . j �ghe� tne�ri that curran�ly appli�d to railr�odd p�cper�:yo Furthermore, 3f' the p�cp�sed "' eanstituiic:nal �.�endme*�t is adopted, this would per�ni.t� the Zegislatur•e to adjust� €�..ny 'I '�ey,uit3e:> wnich �ey a�ise by �a3just�.r� trie r�.te oi th� g�oss earning•s �ax. ' , . . . � � '�In stm:snary, vrhile at seems clE3� that �, ehange fr-c� gross earnizigs to �ad �alo��rr: � , � ? : wolil� pr��ab?y benefi� the railrcads for the fo�esE�ai�:.e fu+,::re,1t is not clea� thai th� � � .:�.ilroad �:ndsstry is bGarin� an vndul;� heavy tax burdGne In vievr of �this ar�� the � � admi.n3:str_i1;iti e adti a.ntages ar.d the g� o�rth fa.etor� inY:srent in gross ear�ninga taxat�on, e evi�enee srou�.d`seEm to eleariy fa�or retair_i.r�g the gross eai�nings tax on railro�d :, �oper-ty➢ yn lieu ci ad �raZorem taxationo ' ` . � - . - - . � .� ; : `. �tI.a The C�se far Distributzng the Railroad Gr-oss Revznue to j.hos� Munieipal��,i�s � � � ' with Signifieant Ra.�.lr�oad Fz^operty . _ � . r . . . . , .. � "Sinee thz z�ailroads have become s�lbject• to the Minnesota colporate i.neor�e tax as � �� result or I��g3.�I�.ticn passed in 1974, the gr�oss earnings tdx on rails�oad� is clearl.y i-� lieu o.f ad valorem taxo In Mi.nnesota,ad��valorsm taxes have been used ta fin�nce th�se� i� sex�vice� provid�d by Zccal units of g�vernrnent. Indeed, since 1967 the state as a.�att�r ,� policy has not Ieti��ed any ad valcrem �axes for s�ate purpo�es., Hc�evex°, all.of the I venue fr��m the gr�oss earnings tax on railr�oads goes to the state trEasur�y, thus �on- -� • � • stituting one of the major excepticr�s to the p:e�*ailing� policy.. _ ' � . . . . � . . . _ , • '. . � ' : . • I. �. „ . e -6- � � - .. . _, ,• . ' � . . P�ailroad praperty, just as oth�r industrial properiy, benefits directZ;� fAom ceriain - . . , . . �' �ervices pr�ovided by 2ocal u�-�its of goves�nment such 4s police and fire protection �.nd the . constrvction and ff:aintenance of str��ts< Yet, as nottd above, these locai govern.-n�nts `�eeeive n.c revenue fro� railroad prcpe.:��,y �to pay for these ser�rices o Tre r_et e£fect i.s hat �Y�,e ta_�aye� s in those units �£ lcc� 1 govern.*r.cn � PrY�ich �ust �rovi�e ser� �ces to . . � . � . - . - , , � + railroad facil�tiies nu��t bear �n �d° ° , P a ition�l tax burden tc finance „h_se servlces, � _ � : "- -- -� -= " __. _ :�if rail.�oad grcpertg �re� e��ore cr I.eas e� enly sca �tered thraughot?t tl-ie state �n3 if �e servi�es in questi�n ,•rere pro�rided by all lc�al units o�" gove�^r�mcr�t, then�no g_cat in,�L,tice �ould �esulia Fio�ce�rer, �his is r�ot �he case. T'ne rr,arshailing ya��ds ar:d reF?�r �aeilities a� erell as the afiice bulldings ter;d to be concen�r-ate� in cer-��in ci�ties �;�th�n �he state� In addition, the cost cf t,he services prov3.ded zo th��se rail�=oad proper�ies - � . . . ' . . `£a3.Ss pr�'r.�ily L��n m,�r?cip31 go���*�rmnn�o . � � ' : � .. , �.ihe ine�:�itiy cf -'thE s3.tu�.tion beeomes clear �,hEn tY?e cos�bur-der.s of tr.e varicus ts cr local go` e�r.zaznt �� e eompar-ed o As indicated �.bot-e, the r�il� oad pr�ope� ty mYhich . - ,�' • eqL�.i�es ser��i�e� ssch as po1.�c� and i`ire protec-t�on and th� ccnstsuc�ion a.nd rLair.7�ena,�ce �f str�ets is concen��ated alsuos� ex�luszvcly vri�•hin inecrpora�ed municip�.l=ties, In � - - -- - _ - -- - - _ __. - contr-as�, tovr�r.s�ips pro;ride l.ittle if .a,-�;� se�vice to r•�ilroad prop•�rty even �vh�n it is �resent �itn�n the� r jt!.�.isdic �ion, Fur•thermcre,. �rn�le �;he ecn�truction and r«ir�ter�ar.cE f county high��zys mGf be ccnsidered of general b�riefit to rdilxodds as ��vell as shipp�rs, � � ._mv.eh o£ �hesa cos�:s are fur��ded by County Sta-te-�'�.� funds, ratn�r than lc���al proper�y '',_�ax�s. F°inall�, sin�e approximately 70 percent; of �;he school maintenance cost� a�e ��e3.�es^,�r f��:d��? by �`�:h� S�3±°i �t AO;ild ha�•dly se� r:2�?�su�y to dist,3buie gr-o.� �::a:.r;r.��;s _�t�nd5 t� affacted s�h��l district�, , . .. I ' . . .' ` . . �. . ' � , • `� 0 � �� , . . . _7_ ' . . In short, R strc,ng case can be sade that �n 3njustice is bein; rtisiLed up�n the . � . . , ��axpayers of those municipala.ties which contain a ���nj.ii�ant �unoun.t of railrcad prop �x� �y � . � .. . • , � , . _ . .. . �;�d that ��11 or �. ma�or part of the railr�oad gross Earnings tax should be nist+�ibuted to them in or�der to rerredy this, situation. � .: � • . � . . . . ' . . • , �OSS1��.° E435eS p1i ; el '° . - , .. � Dy��ribution . — — ,.._.�,�.,�..,�,..�-,.- - . - . . . �. . In considerix�; possible bases fol dis�i��,buticn, the fa�tor or. faeto�s used �;r.c�.id per�mit u� ta �.�.kQ a reasonable a.nd val.id d�termi.natxon ccneern� *_',g �h�.ch ��!nieipala.y�ies �ave_ "s�.g�:�z:�f icar_tt� xailroad p�cper-cy �nd �rhich do not; o�isih���morE, sinc� the x�s.iixc�.d �oss earn:ings t�x is i.n lieu �f �ri ad�ralo�em t�x, i-c �ov3d s�c� rea�cr��.bZE �6 dict,r-ibu�E '- � �� . : the f�uid� by a for�:ala v,hicn. �-� 11 refle�t the r��l�t�ve �a'�ua of �he ��ilr�dd pr�g�r �y �n e�.eh of _ ihe e�'f�cted z�.;ny�:��a? ities, T'hus, if pc�s�.bl.�, tihe distribuiicn � or=rr,ula ZZ I -�:�ou1d izielu�e iaetors �hieh r�f? eet I�rld �r�.a �.nd/cr the v�.Iue .of land �nd irrrx�o;re,-r:�r.��, - = i'i��re ��� s v��y re� �Iimitat�.cr_s in tne d�.ta ��hi�h a.� e a�ai? ab�.e for th? � pu��se, �v�evera i�or ex��r,ple, ther-e ar� no readily availabl� dai� eancE�°. ir.g the �n��it ��' �railroad l��r�d �rha.e�. e�ists in Each m.unieipal.wty�, �nd ��heth��° s��ch dat3 cci�'.d bE de°re�.op�d � reason�.ble ecs� is not lrncwn< . D�-�a o� t��e n�umb�.� cf ��3.es of tr�,ek in E�.ch �o�,ir,ty, , ��e�rer, a�e �v�il�ble, and th�y coul�. �r-cb3�Iy b� ob�ainQd for a limiied n�.imb�r cf� � mvnieig�.IitiE� tt3thouti �.nQ�-df;�ate �fforto Thus� 3t ��h� b� pos�ible �o u�e m�les of -�°ack as a r��u.�h me�.su.re ef Zand area, if . it �s not possib�A �o obta� n accu� ate da�ua the am�un�t cf reilroad l�.nd in Each muni�ipal3.ty. .. , .� � . � . �r _ . In te�-m:� of the value of 1anc� and impro � smG_��s, one� again ihere ��e no data trx� t ��cura �ely .r, ef? ect ihz cur-rent o� market value of x��.ilr�3d p:�cperty a Howevery the book vaZi!e of such� pr�pe�ty is evai3able and p_ obabl�r coL].d b� obtaineG i"'dr a limited rn:.mb�r ,�' mut�ic3.pa.�.it�es, Anather pcssibility is to u�e an index of propPr4y value st;��h as � er.�ge as�ess�d vel�e in e�.ch municipaliiy tcgeth�r vrith a factc�r in3ic3tinG the tu���rr.t : Iand, arca. For exarr�ple, i:he nurr�ber of niles of zs�ack (cr the nucubzr �f acrES of l�.nd, � a��ailable) could be suli3pl.ied by the aver.age a�se�sed valu.e to obtain an index of the � � e :; �. ; 4 .• I�� . _s_ ` • 21 .1 . , . „ , . . I' �'elat3ve valu� o£ railroad land in each of the affected �cunicipalities. A number of � ther plausible alterr,atives exist that shottld �lso be explored including ihe di,�ribut3on armuia propcsed by the I�.�.innesota Railor-ads lyssociat3on as a part of tYreir ad valorezri �ax b ill. _� . . �eed for 1?urther� Re�ear�h ' � It i.} clear f�om �this d�.scl:.ssian tnat it s.� nct nossible to devE�.ep a d�?s �ribu��ioi; formula �;hi:ch vrill scientifically appor�ion the val�ae of raiir-aad pro��r•t;y ar��rg �Y:z . 'f'fec+ed u�unieip�Iitiesa It is probably possib?e, ho�.���er, t,� develop a d�.:t��ii�tic:� rr�u2a. v�h.ich r,�ill appa�tion �hE x�ever.u�=.s arnono the �ffe�ted �sn�cipal�t�es 3n a x�e�scr�ab2y quitable manriere But a good deal of research tivill ba nacFssary in ordex� to exple�e sr�d , �aluate �he se�vera7. al.tezn�.�� ve dis �ribution fox?c��las a�h:�ch ,�}e at lt�st iha�retic�lly r . . plau�ible. Furtherrr�ore, t�e active cooperati�ri o£ the railo�°ads rrill �e essant:�aZ if �is resea:tch is ta be suceessf ully conc�uded, in view� o�° ��as, it �s h�g�.Iy unlik=�ly �at the L���gue con.ld suecessfti.ly co « lete such a p�o,��c � in tir�a fo�° e�r_sid�z�dti��n t;; the 1975 sf�rsion of the leg:�s�Iatur�e, Thes��.fo�v, tY�ie L�a�ua should ��ti�e�y so' �cit the �ope�aticn end assist�r.ca of fhp Dep��°tr,��;�t cf Re�r2r�:� snd/�r`the leg��sl.ative i°esa����h staf£ in p��suing this mat�,ex°o ,' � ' �. . _ . ' . �:ct ' . �/�.9/7� I � '. � . � I�IE.��10 T0: FR,�. ���. U�iTt : SUGJECT: S Ri chard ��. Sobi ech , Publ i c hlorks Di rector Thomas A. Colbert, �lssistant City `tnrineer �larcfi 26, 1975 Street Irnprov�ment Projec�c S7. 1975-1 an� T975-Z �iu Openinys On ��1arc�i 20, 1975 at 11 :3J� A.�-�. tl�c official Gid openinn �-�as pubi i cly i�zl d i n t��e Cor�r:�uni iy �oo�r� of Ci ty lja� 1 of Fri dl ey to d�t�rn�ine t;�c lo��J bidder for said project. Attac��ed is a tabulation of all bids subr;itt��d. Upon rev�i��� uy t{�e Cngine�ring �e�artr�ent, al 1 bi as ap�eared to be � i n order �Jl Lil th2 exc�pti on of As��bac�� Construction Cor��any. !�.lii� a recf�eck of �f�pir figur�s, t�,eir total shoulu be revised to $b40,u5�.57 due to an addition error. The a�parer�t lovr uidGer vJas Uur�i;ley �ur� acing Cor�pai�y of !1i nneapol i s, i n t�;e amou��t of b553,034.17. I�.vc�ul d recomr:end that al 1 bi us b� revi �v�ed by i;,�Q Ci ty Counci 1 ana tne contracl; awarded to ti�e lo��•� bidci�r, �unkl�y Sur� 3cing Corpany for ti�e amount of �553,034.17. If a►iy furtijer i��forr�ation is n�edcc�, let n�e know. TAC/as � HOi-!AS �1. COLliEf:i Assistant City Engineer � � � � , � PL�1�-lOLDER S'1`1Z1:1�:'I' Thll'ROVIitif�:��IT }?1ZOJ]:CT . S'1'. 1.J75-1 F, ST. 1.975-2 I�IZJllI.T�Y, 1�1IN��t.:SO'I'�1 . k3ID 01'i:i�I�G - A�U11tC�1 20, �975 - 11:30 �.T4. �31:D l)I�POSTT LUi��k' SU��1 L' ID �ury- € C«-!�Ison, Inc. 6008 1�'a.y•r.aca �o�alevard S% �555, U49. 47 Ipls., ,"I��rintsota 55416 . � � � � . .. �ay-Co C�o.zcr: te Compa_ny 7726 btorg.an Averue Sou�h tznneapolis, Aiinne�ota 55423 � �, • �ardrives, Inc. enexal Contractors 3030 Harbor Lane No. Su:i�e 216 ��iinneapolis, t-iinnesota 55441 S. TicCrossan, Inc. �ox AD ' . Osseo, I`;innesota 553b9 � ' F� S, AsphaJ.t Company noka, :,1;inneso�a 55303 � .,.-��,�� ��.��LlUl:LlVll ��,��i���,�y, �,«.. lor.a, P•fi.nnesota 55051 � _, NO 5% . 0 5% 0 5% 0 5% 0 �� -- . `orti:erri As��halt Cons �xuction, Inc. ', '11004 R���!dison }�01Ci� N.L'. NO . �finnea��oJ:is, Tlinnesotl 5543�1 �'xogress>zve Contractors, Inc. 50 �13ox 3GS O,seo, Dlznne5ora 55369 BID $564,691.70 � $573,127.39 22 A � I�i�iARICS �;71,101.36 ' � �564,856.30 ' !'i BID ' �Sb3,240.57� -- . S�'1J�G`C Ti�1l'R0�'1:��11:.N1' P1:0,7f:CT ' S'T. 1" S- 7. f' r- 91. , S'1'. 197� 2 ��i�lUr�r:��, T1I,��11;so�rn -�- - _ _ i 1'Id�i�9:-�OLLI:I: 3,II.) llF1'OSIT �Alexanclex Construction Cornnai� � Y County Rozd 42 £; Fairgree:� ,lvent:e 5 0 �Apple Valle;�, Alinn�sota 55124 �)'�1sllba.c,i Co:�struction Cornpany 50 191U ��. County Road C . �S �. P�ul, t�iinnesota 55113 . �h;innes�ta S�ate Cu:rb-Gutter Corp. 151 1�7. L'•urnsville CrosstocYn NO P. Q. Hox 1212 , Stizte 240 �Burnsville, t,Iinnesoi.a 55337 0 Park Construction �7900 Beech S�reet N.�. • Alirtnea�olis, i�4innesota 55�132 � � 1 unkley Surfacino Company 3737 E. ;P.iver Road �tinneapolis, P-linnesoia 55421 _ � . ! � � � i'� � � NO 5% 0 � � �ncr z T_,LJ���k� SU�1 �ZD ItT:T•IAItKS �584,403.28 . l4Dp)Tlo�v E'22bl2.� �64U, 354.57 7-o rA-� S,�o��p qE �i d n /_ . C'r.t .� � BID BID $553,034.17 � '. . ,' . � � �� RESOLUTION N0. � A RESOLIJTION REQULSTING T'IIE COMMISSIONER OF HIGHWAYS OF THE STATL-' OF MINNLSO'I'A TO AU'I'IIORIZE ADVt�NCED rNCUMBRnNC� FROM THE CONS7'RUCTION ACCOUNT OF MIINICIPAL ST�TE AID STREET I'UNDS � hiHLRrAS, the City of Fridley has obtained the � Commissioner's approval of the plans for the following n4unici�al State Aid SLreet Projects: � � � � � M.S.A.S. No 127-316-03 127-322-01 127-330-02 127-335-01 located within the corporate limits of the City of Fridley, Anoka County, T4innesota, and consisting of street improve- ments, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, water and sanitary sewer services, storm sewer and other facilities. AND, tiNHEREAS, said City is prepared to proceed �vith the construction of said projects by providing local funds to supplement the available funds in its Municipal State- Aid Street Account; and ZVI�EREAS, repayment of the funds so advanced by the � municipality is desired in accordance with the provisions of Minriesota Statutes 1C�2.14, Subdivision 6. NOIV, THEREFOR�, BE IT RESOLVF.D, that the Commissioner of High�aays be and zs hereby reauested to approve this basis for financing said construction projects and to authorize repayments from the suUseauent accruals to the Construction Account of i�lunicipal State-Aid Street Fund for said City, within the limitations provided by law and at the times and in the amounts as herein indicated (not to exceed five years). On or after Feb. 1, 1975 -$ 70,000 from 1976 Allotment. ADOPTED BY TFI� CITY COUNCIL OF THE CITY OF FRIDLEY , THIS ATTL'• ST : DAY 0 P CI`l'Y CLLIZK - MnRVIN C. BRUNSELL , 1975. MAYOR - WILLIAM J. NLE 0 � RI:SOLU`i'I0�'� N0. A RIiSOLU"I'ION ORDT;I�ING 1'REI.I11tNAtZY PLAIVS, SPECII�IC/�`I'IONS, AND �S1'IDiATLS 01� 1'l11� COSTS 1'1fL'-1:1:01': STREET II�9PROVEMENT PROJECT. ST. 1975-1, ADD�NDUA1 If 1 RE I'I' 12LSULVED, by tlie City Council oi the Ci_ty of Pridley as follows: l. 7']iat i*.. ap��ears i�l the interests of tlie Ci.ty and of i-he property owners affectec] that there be constructed certair: irr�provement �, to-<<�it: Street improvemen�s, including grading, stabilized base, hot-mix bitwninous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, and otlier facilities located as follows: Rice .Creek Estates and Rice Creek Estates Second Addition, bounded by Rice Creek Road and 61st Avenue N.�., and that portion west of Benjamin Street. � 2u 2. That tI1C', P11�1J.0 Works llirector, P.icliard Sobiech, City IIall, Pxidley, ��I, is hereU�r authorized and directed to dranl the preliminary plans and speci.ii- cations and to tabu]ate the results of his estimates of the costs of said i��provements, inc.lucling evexy it.em of cost from ince�tion to completi.on and all fees a.nd expenses incurr.ed (or to be incui•red) in connection there- with, or the fin�znci.ng thereof, and to mal:e a prelimina-r�� xeport of his findi�If,s, stati�l� i:herei�l 1,hetller said impr.ovements are i'easible and �,�hether tlicy can best- be made as proposed, or in connection 14ith some otller impr_o��em�nts (ai�d the estimated cost as reconurendect), i_ncluding also a descripiion af tl�e lands or area as may recei��e benefits therefrom and a.s �na�r be proposed to be assessed. 3. Tl�at su�d preliminar.y xei�ort of the �ngineer sha11 be iurnished to the City Council. AIX)P`I'EII I3Y 1'Iji: CITl' COUI�CIL OP TIiE C1T1' OF FIZIllLL•1' THIS , 19 7 5. n�°r�sT: C:CI'1' C1.IiRK - hil�ItV�N C. l31:UN5}iLL Dt�Y OF MAYOIt - �VILLIAM J. NEE � I ' e tt�:soLUTION I�TO. � A}Z�SOLUTION REC�IVING TIiF. PRELIMINARY REPORT t�ND CALLING A PUBLIC 11CARTNG ON TItE M,�TTER OP TIiE CONSTRUCTION OF CI3RTAIN Ih1PROVEyENTS: STIZ�LT IbfPROVENff:N7' PROJCCT ST. 1975-1, ADD�NDUi� #1 ' ti+lHEREAS, the construction of certain i.nrprovemen�Cs is deemed to be in the interest of the City of Fridley and the properiy owners affected thereby. 1 1„ �� � � BE IT RESOLVED, by the City Council of the City of Fridley, as follows: That the preliminary report submi�ted by the City Engineer and the Consulting Engineers is hereby xeceived and accepted. 2. That the City Clexk shall act to ascertaiiA the name and address of the owner of each parcel of land directly aff�cted or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thexeto against each of said ].ands. 3. 1'tiat the area proposed to be assessed for said improvements and each of them as noted in said notice are a1I ihe lands and areas as noted in said notice: All of the same to be assessed progortiona.tely according to the benefits received. ° 4. That the estimates of assessments of the Clerk sh all be available fox � inspection to the owner of any parcel of land as may be affected thereby at any public hearing helci relative thereto, as well as at any priox time reasonable and convenient. ' � � L'� 5. That the City Clerk is au�horizecl and directed to give notice of such public hearing by publishi.ng a notice thereof in the official necvs- paper of the City :nf Fridley and by mailed notices to all the property owners tivhose property is liable to be assessed �aith the making of these improvements according to law, such notice to be substantially in form and substance of the notice attached hereto as Exhibit "A". 6�. Tliat this Council �vil1 meet on the 12th day of N�ay , 1975 at 7:30 o'clock P.M. at the City Hall in tlle City of Fridley for the purpose of holding a public hearing on the improvement nofied in the notice attac}ied hereto and made a part thereof by reference, Exhibit ��A��. �L10PT�D IiY THE CITY COUNCIL OF TFIE CITY OF FRIDLEY THIS � , 19 7 S. ' ATTEST: , (;�TX CLL•'RK - M1IRVIN C. BRUNS�LL D4AYOR - ti�1ILLIAI�1 J. NEL • � DAY OF � � �� � � � � OFFICIAL PUBLICA'1'ION CITY OF FRIDLEY (EXIIIBIT A) NOTICE OF HEARING ON ITIPROVEMENTS STREET IMPROVEMCNT PROJEC'T ST. 1975-1, ADDENDUI�1 #1 WtiEREAS, the City Council of the City of Fridley, Anoka County, r4innesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOtiV, T'HEREFORE, NOTICE IS HER.EBY GIVEN TIIAT an the 12th day of May , 1975 at 7:30 o'clo�k P.M. the City Council will meet ai: the City ttall in said City, a�id wi11 at said time and p].ace hear a.11 parties � interested in said improvements in whole or in part. The genera? na.ture of the improvernents is the cons�r_uction (in the lands a.nd s�.reets noted below) of the following irrrprovements, to-wit: CONSTRUCTION ITEM Street improvements, including gxading, stabilized base, hot-mix , b�tuminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, and otllex facilities located as follows: Rice Creek Estates and Rice C�-eek Estates Second Addition, bounded by � Rice Creek Road and 61st Avenue N.E., and �hat portion west of Benjamin Street N.E. � � r 1 ESTIM.4TED COST , e . . . . . . o e < < . . . . . . . . . . . . . � 53, 879. 58 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IT�PROVEP�1EIv'TS IS AS FOLLO�JS: Far Constxuction Item above --------------------�---------------------- All of the land abutting upon said streets named above and all lands within, adj acent and abutting thereto. All of said land to be assessed pro�ortionately according to the bene£its xeceived by such improvement. 25 A '['hat should the Council proceed with said i�irprovements they will consider � each separate improvements, except as hereafter otherwise provided by the Council all under the following authority, to-wit: Niinnesota Statutes 1961, Cliaptex 429 and laws amendatory thereof, and in conformity with the City Charter. , DATED THIS DAY OF , 1975 , BY ORDER OF THE CITY COUNCIL. Publish: ' i April 30, 1975 May 7, 1975 �`'�Y�� - WILLIEIM J. NCE 0 RESOLUTION N0. 1975 A RE:SOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 23, PARCEL 2800, AUDITOR'S SU6. #22 WNE=REAS, certain special assessments have been levied with respect to certain larid and said land has subsequently been subdivided. NOIJ, THEREFORE, BE IT RESOLVED as follows: Th��� the assessments levied against the following described parcel, to-wit: Pa�t of Lot 23, Parcel 2800, Auditor's Sub. #22, may and shall be apportioned an�� divided as follows: Original Parcel Fund Original Amount Part of Lot 23, Parcel 2800 Reg. SA (��!&S M) � Paid Auditor's Sub. #22 SS #106 770.00 Division of Parcel Approved Part of Lot 23, Parcel 2800 Auditor's Sub. #22 W.200' of S. 360' of Lot 23, Parcel 2810, Aud. Sub. #22 (City of Fridley) Fund Reg. SA (W&S M) SS #106 Reg. SA (W&S M) AG�PTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � , 1975. ATTEST: C:[7Y CLERK -�1arvi n C. Brunsel 1 � � 770.00 Original Amount � Paid 77Q.00 $ Paid $ 770.00 MAYOR - WILLIAM J. fJEE DAY OF 26 RESOLUTION tJO. 1975 v. A RESOLUTION AUTHORIZING AND DIRECTIfVG THE SPLITTING OF SPECIAL ASSESSMENTS ON LO'T 4, BLOCK l, SPRING LAKE PARK LAKESIDE WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessrnents levied against the following described parcel, to-wit: Lot 4, Block l, Spring Lake Park Lakeside, may and shall be apportioned and divided as follows: Ori�inal Parcel Fund Oriqinal Ar�ount Lot 4, Block 1, Parcel 160 Reg. SA (SP1) $ Paid Spring Lake Park Lakeside �J#34 (W"�&L) Paid Division of Parcel Aporoved E.137' of Lot 4, Block 1 Pa.rcel 160, Spring Lake Park La,k.eside W.162' of Lot 4, Block 1 Parcel 170, Spring Lake Park Lak:esi de ' S#24 (SM) SS#24 (SS) SW#48 (SL) Fund Reg. SA (SM) W#34 ( WP�1&L ) S�24 (SM) SS#24 (SS) SW#48A (SL) Reg. SA (SM) W#34 (WM) S#24 (SM) SS#24 (SS) AD(IPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. A'T'f EST : CITY CLERK - MARVIN C. BRUNSELL � i E1 Paid 761.13 1,582.75 2,343.88 Ori inal Amount Pai d Paid Paid 380.57 1,582.75 $ Paid Paid Paid 3f30. 56 2,343.88 MAYOR - WILLIAM J. �dEE DAY OF RESOLUTION N0. i975 A FtE:SOLUTION AUTHORIZING AND DIRECTING THE COMBINIfdG OF SPECIAL ASSESSMENTS ON LOT l, BLOCK 3 ANQ E.112' OF LOT 2, BLOCK 3, MOORE LAKE HIGHLANDS WHFREAS, certain special assessments have been levied with respect to certain lar�d and said land has subsequently been cornbined. N06J, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parce] to-wit: Lot l, Block 3 and E. 112' of Lot 2, Block 3, Moore Lake Highlands, may and sh��11 be apportioned and combined as follows: Driginal Parcels Fund Oriqinal Amount Lot 1, Block 3, Reg SA (Mains & Laterals) $ Paid Mo�ore Lake�Highlands St. 1971-2 1,207•80 E. 112' of Lot Z, Block 3, Reg SA (Mains & Laterals) $ Paid f�loore Lake Highlands St. 1971-2 1,108.80 . Combining of Parcels Approved , Lots 1 and E. 112' of 2, Block 3, Moore Lake Highlands , , r � , � � � Fund Reg SA St. 1971-2 AGOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DP�Y OF 1975. A1fTEST: C:[TY CLERK - Marvin C. Brunsell �2,316.60 Ori�inal Amount $ Paid 2,316.60 2,316.60 P�IAYOR - WTLLIAP1 J. NEE � ' ' ' RESOLUTION N0. 1975 A RE`.iOLUTION AUTHORIZIf�G AND DIRECTING TNE COMQINING OF SPECIAL ASSESSMENTS ON L07 1OA, BLOCK 1 A�D LOT 10B, BLOCK 1, EDGEWATER GARDENS WHERI�AS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, �tHEREFORE, BE IT RESOLVED as follo�vs: � That the assessments levied against the following described parcel to-wit: Lot 10A, Block 1 and Lot 10Q, Block 1, Edgewater Gardens, may and shall be apportioned and combined as follo�vs: � Fund Original Amount Original Parcels , Lot 10A, Block 1, EdgE�water Gardens ' lot IOB, Block 1, EdgE�v�ater Gardens ' � �� � Combining of Parcels Approved Lots l0A & IOB, Block 1, Edge��ater Gardens #104 (Locke Dam) St. 1973-3 Reg. SA (W&S M) SW #22 (W&S L) SS #22 (SS) St. 1961-2 St. 1973-3 Fund . Reg. SA (W&S M) SW #22 (W&S L) SS #22 (SS) St. 1961-2 #104 (Locke Dam) St. 1973-3 ' ADCIPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' , ' [�� AT'TEST : 1975. CITY CLERK - Marvin C. Brunsell $ 224.00 34.50 Paid Paid Paid Paid 16.10 274.60 Original Amount $ Paid Paid Paid Paid 224.00 50.60 274.60 MAYQR - WILLIAM J. �dE� , , . 'I DAY � , A � I ' � , � ' '� � ' � #1 '� , �_ , � � C ``,"~ ' The City of Fridley feels that the Fiscal Dispari�y ff� . � law is not a good law, for the fallowing reasons: � It is nct accomplishing what is was anticipated to do. It was supposed to help the areas which paid higher taxes and increase those with lower taxes to equalize the tax burden. This certainly did not happen in the City of Fridley. Within the Fridley municipal boundaries we have 4 school districts. School District #13 has the greatest amount of com- mercial and industrial value and has the highest valued homes (some over $100,OQ0) had the lowest � overall mill rate. They have had iower taxes for home owners in this area, yet with the Fiscal.Disparity � law, in 1975 their mill rate basically stayed the same. Another School District in Fridley (#16) which already had a higher existing mill rate, received the highest increase effect due to Eiscal Disparity law; i.e. their mill rate increased from 101 to I05 miiis. ihis area has homes in the average and low cost area and has some homes under $15,000. To furiher iliustrate the difference between these 2 school districts a$28,000 home in School District #13, taxes would remain ba`sically the same which is about $581, whereas the poorer area of School Districi #16, for this value home were already paying $637 taxes, which is $56 higher. The effect of Fiscal Disparity moved these taxes to �674; another $37,which would put the total $91 over the I wealthier District #13. 7his is all within Fridley ' municipal boundaries. . � _ _ __ __ __ _ _ I #2 The Fiscal Disparity law is_a very cumbersame law to administer. In the previous years we used to have our tax rate estab7ished by the end of December for the oncoming year. Now it has been well into March, which made it 3 months later, due to the fact that the Auditor has to have all the assessed valua- tions of the total Metropolitan area to establish the"hietropolitan mi11 levy". This has been an administrative nightmare, becau�e for this period. of time, we are una�le to tell actual tax levies to tax payers, loan companies and real estate sales people for the sa].e of homes. The tax paying public becomes very frustrated and irri- tated with the City,due to this delay and this creates a bad public rela�ion situation for us. � #3 �ridley is not considered to be a high income area, yet the tax payers of the �ridley cammunity are required by this Fiscal Disparity law to con- tribute an additional;$423,000 to be distributed outside the Fridley municipal boundaries in the Metropolitan area. This money is funded by the low income people as well as from the upper income people in Fridley to reduce the taxes in the other areas with no regard to what type of income the other people outside of �ridley have. s a #� Fridley is fairly well saturated as far as residential development is concerned, but still has large amounts of commercial and industrial properties which have all uti1ities and access roads in and ready for development. For any development in these indust� rial and commercial lands, Fridley will be required to provide full municipal services, but we will only be getting 60% of the assessed valuation directly and about 15q from the "Metro pot", making only 75% total. This really means 4 loss of assessed value that would have to be made up by the tax payers in. Fridley, which certainly seems to be an unfair burden. � ESTIMATES F4R CITY COUNCIL CONSTDERATI4Id - APRIL 7, 1975 American Contracting Corporation 1540 Yellowbrick Road Coon Rap�ds, Minn. 55433 PARTIAL ESTIMATES N0. 2 for Sanitary Sewer, Water & $ 13,177.91 Storm Sewer Improvement No. 116 Smith, Juster & Feikema 5uite 1250 �uilders Exchange Building Minneapolis, Minnesota 55402 Estimate for t�farch 1975 Prosecution work by Carl Newquist $ 1,100.00 0 �1 TIME RECORD FOR MARCH, 1975 PP.OSECUTION 4-dORK 1. Preparation, 7ravel and Time in Court for 32 Pre-trial conferences. 2. Investigation and Process of Complain�s including office conferences, phone con- . ferences, corresnondence and preparation of 17 Formal Complaints. 3. Caurt�and Police Administration. TOTAL 13 hours _ 30 minutes 14 hours 00 hours 28 hours DATE � • • FORWARDED FROM LAST STATEMENT 4-2-75 For legal services rendered as Prosecut�r for the City ai' Fridley. March 1975 Retainer. $1,000.00 Secretarial Services. 100.00 1,100.00 1 der� are un er pAna�lies ot iaw that this , acc unt, cl z � nd is ;ust and cor• re t and tt �' �i it has been paid l� �;r_ .Lti S+gna re of Cfai� �nt � SMITH, JUSTER, FEIKEMA, HASKVITZ aNO CASSERLY ATTORNEYS AT LAW ._l� - �si �ox 45 minutes 00 _mi nutes 15 r�inutes � 9ALANCE $1,100,00 31A