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05/12/1975 - 5458PATRICIA RANSTROM COUNCIL SECRETARY PUBLIC HEARING MEETING MAY 12, 1975 . _ -- - . ' ___ . ___ _ , .' 186 ' ., THE MINUTES OF TNE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 12; 1975 � u ' ' ' � ' � The Pub]ic Hearing P1eeting of the Fridley City Council of May 12, 1975 was cailed to order at 7:33 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and said the Council invited aii to join them in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Counciiwoman Kukowski, Councilman Breider, Councilman Starwalt, and Councilman Fitzpatrick None. PRESENTATION OF AWARD: • 6TN ANNUAL HONOR AWARD FROM THE ENVIRONMENTAL MON7HlY MAGAZINE TO FOUNDATION FOR ISLANDS OF PEACE BY MAYOR NEE: Mayor Nee caTled on the President of the Foundation for the Islands of Peace, Mr. Burt Ellis, and also the Founder, Mr. Ed Wilmes to come forward and receive the award. Mayor Nee explained that the award had been received from the Environmental Monthly Magazine. He read the inscription on the award to those present. Mr. Burt Ellis said he wou]d like Mr. Ed Wilmes to receive the award because he has done so much for this cause. He said without Mr. Wilme' help and the help from the City, and the community, this aarard would not have been possible. Mr. Ellis said he would appreciate it if the award would be presented to Mr. Wilmes. Mayor Nee said he presented the award on behalf of the City and congratulated Mr. Wilmes on the great job he is doing. Mr. Wilmes asked if he may say a few words. ' Mr. Wilmes addressed those present and indicated that there were ihree words that stick in his mind in relation to the current project. He sited those words to be "We the People". He said there had been so many involved in the execuiion of the project. Ne mentioned the City Staff, Council, Mayor Nee, the former members of the Council, Former Mayor frank G. Liebl, former Councilman Everett Uiter, the VFW local and state, American t_ Legion, local and State and their auxiliaries, and the Fridley Lions Club. ' ' � LJ t Mr. Wilmes said he had received letters and congratulatory notes from all over the Country. He mentioned that he had received a message from President Ford. He said he had also received notes from Senator Humphrey, Senator Mondale, i�1r. Fren�e] and �lso Mr. Fraser.Mr. Wilmes said he would like to accept the award on behalf of the handicapped, elderly and school children. He said the Isiands of Peace allows all of these people to get acqu=:?nted with the mighty Mississippi River.. Mr. Wilmes said he believed the , creation of the Islands of Peace will be . an example for future planning for.the handi- capped. He said he was proud to have taken part in the Island of Peace and what it stands for and also the concept of it. Mr. Wilmes said he would like to present the award to the President of the Islands of Peace Foundation, Mr. Burt Ellis. Mr. Ellis said he was very proud of Mr. Wilmes and the City for making this all possible. Ne said he could recall when Mr. Wilmes had come io the Fridley Lions Club and expressed the desire to purchase the two river lots. He said �he was sure glad that the Club had gone a]ong with him. He mentioned they had also agreed to work with the Foundation for the purchase of the pontoon boat and dock. Mr. E11is said he believed that the award should be displayed in the Fridley City Ha11 where it would be viewed by many people. Mr. Duane Bennet, member of the Islands of Peace Foundation, addressed the Council and thanked the City staff for submitting the application to the Environmentai Monthly .Magazine for the Islands of Peace. He said he would like to read a few letters and telegrams that had been received by the Founder, Mr. Wilmes. Mr. Bennett read telegrams sent by President Gerald Ford, Senator Humphrey, Governor Anderson, Representative Bili Frenzel, Den Fraser and Senator Mondale. i I n : PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 2 Mayor Nee again expressed the City's congratulations ta the Foundation and said he hoped the project would receive the legislative grant being proposed and discussed. � PROCLAMATION: PROCLAIMING MAY 15 AND 16 "POPPY DAY": Mayor Nee declared May 15 and May 16, 1975 as "Poppy Days". ADOPTION OF AGENDA: Councilman Fitzpatrick said he would like to add the consideration of setting a public hearing on the matter of the vacation of an alley as item number six, MOTION by Councilman Starwalt to adopt the agenda with the addition of the item mentioned by Councilman Fitzpatrick. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor tVee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARIA:; ON FINAL ASSESSMENT ROLL FOR SANITARY SEWER AND WATER TMPROVEI�IENT PROJECT NO 115: , MOTION by Councilman Breider to waive the reading of the public hearing notice and opened the public hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:47 P.M The City Manager explained that this area had been served by water and sewer in 1968. He mentioned that the improvement had been petitioned for by the developer and there should ' not be any comments unless the developer was present and wished to comment. He said the improvement does not concern anyone else than the developer. He said this was for service of Burlington Northern Plat and also Rice Creek Estates Addition on Benjamin. Mr.-Ed Dropps, petitioner, said he was present but did not have any corr�nents concerning the improvement. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a vaice vote, all voting eye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:49 P.M. PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR STREET IMpROV�MEN7 PROJECT N0. ST 1975-1, ADDENDUM N0. 1: � ��� "�'-��� Mayor Nee explained this assessment ro11 within Project No. S7. 1975-1, Addendum No. 1 to be in Rice Creek Estates and Rice Creek Estates Second Addition. The City Manager said this was a part of the original approval of the plat and the developer had petitioned for the improvement to be done by �he City. MOTION by Counci1man Starwalt to waive the read9ng of the public hearing notice and open the public hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public hearing opened at.7:50 P.M. Mayor Nee asked if there was anyone present to comment on the preliminary assessment � roll. � � Mr. Ed Dropps, petitioner, indicated that he was in favor of the approval of the project and asked what the cost were. The City Manager indicated that at the present time, the preliminary estimates were available to determine what the project may cost. Ne asked the Finance Director to present this information to Mr. Ed Dropps. The Finance Director pointed out that the front foot assessment is estimated at $13.92 per foot and.the side yard would be estimated at $3.94. He said there would be ano'ther hearing once the project is completed. He said the costs of the project would be discussed at that time. Mr. Dropps said they definitely wanted the project to be completed. i� I ' i . f� ��� ' _ _. ' ! 1�� . ' . PUBLIC HEARING MEETING OF MAY 12, 1975 PA6E 3 � � , ' ' ' ' , ' � , i, , ' , �� The City Attorney said he had checked with the County Assessors off9ce and the plat had not been filed at the present time. He said he thought that it would be alright to hold the hearing on the preliminary assessments and to advise the petitioner that the bid � would not be awarded until the plai is filed. He said if the time comes for the bid and the plat is not filed, this shoul.d be delayed or postponed. Mr. Dropps explained that the property was going through a torrancing procedure and it cannot be cleared up in any other way. He mentioned that they had received a final report from the examiner of titles and now it would only be a matter of clearing the title. He said he thought that this procedur.e would be completed within a week or two. The City Attorney said the bid would not be a�aarded for about six weeks and if the title is not regi.Stered by that time, the bid award would be delayed. Mayor Nee asked if a notice of hearing had been sent to the Thailmans? The Finance Director explained that everyone that appeared on the list in the public hearing book had rec�ived notice. Councilman Starwalt indicated that there had been s��ne problems with this development> but now everyone seemed satisfied with what.is being done. Ne mentioned that Briardale Road would be cut through to Rice Creek Drive as shown which wi11 allow access to�the park. He said Woodside Cou�t would be put through when and if there is development. He mantioned the property owner in this area is aware that hP may be paying more for the improvement at that time, but he is satisfied with this arrar�gement. Mr. Charles Rice, 1541 Ferndale, addressed the Council and recalled that the Council had indicated that he would not be assessed for this improvement unless he split his lot. Mayor Nee questioned if this information was correct. Pdr. Rice repeated his state- ment and recalled that this had been discussed by the Council at the last meeting that this matter had been discussed. Mr. Mervin Herrmann, Assessor, said this property was included within those to be assessed He said the Council could decide either way on this property. The City Manager said there was some understanding that he would not use the road at a71. He said there should be some corrmitment that if the Tot is split in the future, that Mr. Rice would be assessed at that time. He said this is not the norma7 procedure. Mayor Nee asked if the Council had agreed to this and Mr'. Rice said yes. The City Manager said at the time of the final assessment hearing, a document should be presented stating that the improvement would not be used unless the property is split. He said if the property is split, the property owner would have to pay the assessments. Councilman Starwalt said there had been much hostile discussion on the improvement of this area and it was not satisfactory with many people. He said the property owners should work very close]y with the City to they have a firm understanding of the proposal. Councilman Starwalt said there will be a final assessment hearing and at this time, the Council will make a determination on whether or not the assessments would be levied. Ne said something that would be satisfactory with both parties could be worked out before that time. ' MOTION by 'Councilman Star�aalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pub]ic Hearing closed at 8:00 P.M. PUBLIC NEARING ON ESTA&LISHIN6 CERTAIN COMMISSIONS WITHIN THE CITY Of FRIDLEY: Mayor Nee briefly explained the changes proposed by the revamping of the commissions to the increase in emphasis on Human Resources and the Environment and how they constitute questions in the cormnunity development. The City Manager said there are two proposals within the Council agenda, the original proposal which had been discussed at the conference meeting of the Council. He said the Council had indicated that the proposal should be reviewed by all of the comnittees and commissions to gain more input. He pointed ou� on page 3-H of the agenda, there is a recommended ordinance in which all of the recommendations of the Planning Comnission and other committees had been included. He pointed out one r�dification that had not been included in the proposa] is one suggested by the Environmental Quality Commission . . _ __ . _ _. _----- _, .-- -- - . _ � � �. PUBLIC HEARING MEETIN6 OF P1AY 12, 1975 - PAGE 4 ' that the merabers of the various cor�mittees be appointed according to Wards. He said this had been disucssed and it was thought that this criteria may be somewhat restrictive. He further explained that they had included the language that ldard aopointments be encouraged. The City Manager also pointed out that the proposal had been submitted to the various civic and service organizations in the City and many had not reacted in any way. He mentioned that the proposal had been transmitted to the Fridley DFL, GOP, League of Woman Voters, and Chamber of Commerce. He said there had also been proposals given to the State, School and County officials without any reaction from them. The City Manager said the proposa1 covers two distinct areas, one the comprehensive planning and setting of goals for the City and, secondly, the implementation of the plans. He said thiswould enable the comprehensive planning to be prepared and reviewe�iby the staff, the member commissions, Planning Coaanission, and finally be considered and adopted by the City Council. He said after the establishment of the goals, the implementation of the ' comprehensive plan, each major proposal would be reviewed by the staff, member commissions before the Council will take action on tfie matter. Ne said thi sNOUld add from one to two weeks to any consideration coming before the Council. The City Manager said under the current proposal, there is �+1 unlimited number of persons who would be able to serve the member commissions through project coronittees and partici•pate. This would place all of the member commissions under the P.lanning Comrnission who would review all matters before they come to the City Council. Mayor Nee comnented that before, the member commissions had a direct line of communication or access to the City Council. 1ie said there are pros and cons to the proposal. Ne mentioned that this amount of items may overwhelm the Planning Commission if the items are not processed expediently and quickly. He questioned if this�ould or would not improve the process. The City Manager pointed out that the Planning Commission H�ould be on the planning side of the comprehensive plan. He said the day to day review should be done b,y the member commissions. He said the Planning�Commission would only be committed if they wanted to and the Council would only review and approve the requests. The City P1anager said hopefully, the considerations will be thoroughly discussed before they come to the Council and the time would be reduced by this. He said it would.put additional time in the overall process for the applicants, but it may reduce the time for Council consideration. The City Manager explained through the consideration by various concerned member commissions, the Planning Corrrnission would be able to send a recommendation to the Council that would incorporate all responses and concerns. The City Manager said the Council will still get fhe minutes of the member commissions �! meetings and Planning Comnission and the Council would make the final decisions. � Mr. Dennis Schneider, 6190 S7inson Blvd.•, addressed the Council and said althought he � i is the Chairman of the Fridley DFL, he was not speaking for them. Ne informed the Council ; that the Fridley DFL had taken the position on the matter to not take a position. Mr. Schneider said his personal concern wa5 that there is no check forthe Planning Commission. ' Ne explained that the recorranendation of the Planning Commission does carry some weight � and he questioned if there was some way that a private citizen could express himself to the ' Council and carry as much weight as the Planning Commission. He said he would like to see the establishment of some citizen committee that could report to the Council so there � would be seme checks and balances. He mentioned if a pr�vate citizen is unhappy, he ' �, could not carry the weight of the recommendation of the Planning Commission. He said it ; may be the case that the citizen feels uncomfortable in addressing the Council. � Mayor Nee said he could not see how this type of aspect could be added to the ordinance. ' Mrs. Helen Treuenfels, 5248 Horizon Drive, asked if the Council had ever considered having �,; an ombudsman. She mentioned that some people do not want to make presentations to the � CounCil. , ' � Mayor N�e asked if this would be a compensated person. Mrs; Treuenfels said not normally, � but he could be. She continued to corrnnent that in this case, the person would work for the City, not the citizens. ' I � f The City Manager explained that if any member of the member commissions would wish to speak to the Council, he would be able to do so. He also mentioned that if any commission i• as a whole wanted to visit the Council, this would also be possible. He said the Council �� would still make the final dicision. He said this may be adding to the time period by providing adverse reaction from those individuals requesting action from the Cour�cil. � He mentioned that the Council would tend to make less mistakes and their output would be � better. � II��'� � neider addressed the Council and asked if there could be some court of last resort � . ( Mr. Sch . ' i �. �• ' . , PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 5 if a case is not presented fair.ly by the Planning Commission which would have more ' '� weight than the Planning Conmission. He asked if this kind of check and balance could be created by a citizen comnittee appointed by the Council. '• The City Manager said the matter would be reviewed by the Board of Appeals and other � comnissions. He said after this the matter would come to the Council. Ne said the Planning Corrnnission would receive the minutes before the Council gets them. He said there would not only be input by one co�nission, but by more than one. ' , ' ' ' ' � ' �� ' � � C C � Mr. Jerry Boardman, Planning Assistant, said the Planning Commission would review the minutes of the member commissions to determine if the recommendationor request is in line with the policy of the City. He said if the member commissions are involved in the implementation process, they would set the goals and objectives which would be adopted by the city Council. The City Manager said the Planning Commission would not act on all matters, they would just review the items for policy. He said there is a number of checks and bdlances in the process. The City Manager said there would always be room for more. Councilman Starwalt said he felt much the same way. He said the check and balances start at the lowest level and work on through the process up to the Councii. He said he woald not a,nt to reject such an idea an an ombudsman, but thought this may be thought of about six months down the road. He said thismay be something that is needed, but he did not see it now. He said he was not saying the suggestion is without merit. Mr. Schneider said he did not see that this was needed at the present time, but said he was afraid of what may exist in five years from the present time. Councilman Starwalt said he has noiiced that there are many comments from the floor and he felt he hoped there would never be a need for such an ombudsman. Councilman Fitzpatrick said most of the items of importance come before the Council from a public hearing. He thought this provision would take care of this concern. He added,� this invites the public to be heard on most matters, and thisis after the Planning Correnission has made their recorrmendations. Mr. Schneider asked what would happen if there was not a public hearing. Mayor P;ee said this is usually required by law. Councilman Fitzpatrick said a citizen may come before the Planning Corr�ifssion or Counci] without a public hearing. • The CIty Manager advised the Council that in any major aciion by the Council such as rezoning, plats, and vacations of property> a pubiic hearing would be required. In cases where there is nothing major, there would be norequirement for a public hearing. Councilman Breider mentioned that.with 33,b00 people in ihe City> if the Council d�d something that did not do the people any good, they would be in trouble. Ne said the Council wanted to get as many people as possible involved to get the cross thinking of the individual items. He said he had talked to people concerning the idea of checks and balances, and they had not come uo with anything. . " Mayor Nee said with the proposal, it had been the hope that various conflicts may be resolved before the matter reaches the Council. Ne said with the various committees reviewing the matters and receiving the minutes individually, the Council will often times receive many sets of recommendations and the Planning Commission could process these conflicting recommendations and send a proposal to the Council. He said he would like everyone to understand the concept. hlayor Nee said he thought this makes sense. � Mr. Bill Scott, 1632 69th Avenue N. E., said he had Tooked at the proposal and he though't that this was a step in the right direction. He said it seemed like quite a formal proposal and he would like to see th a�ppointment and selection criteria more formal also. He thought that the selection from the wards should bemade with each member of the Councii making one appointment to each subcommittee and hopefully, from this Ward. He thought participation shouid be from the neighborhood level. He mentioned that the City had almost missed the boat in the appointments to the Bi-Centennial Committee. Mr. Scott referred to the section concerning the Planning Commission and said that all recomnendations should be made to the City Council through the City P�anager. He said , he thought the Planning Corrmission should report directiy to the City Coucnil. He also �questioned the portion of the section which said the Chairman of the Planning Commission could assign work to the secretary of the Subcommittee with the approval of the City Manager. . Mayor Nee said the City Manager would be responsible for the budget aspects. He used the example of if the Planning CommiSSion would want 1,000 hours of engineering time, this . .�rauld upset the budget. Mayor Nee read this section of the proposed ordinance. He 1 i� PUBLIC HEARING MEETING OF MAY 12, 1975 . ��y � PAGE 6 � mentioned that this portion is currently the same. Mr. Scott questioned if this section could be changecl to read, "advisory staff �may be assigned by the City P4anager under the restraints of the general budget". The City Manager said the proposed ordinance reads as the ordinance is at the present time. He said the minutes are prepared and approved by the Planning Commission. He continued to point out that it would be the City Manager's duty to see that the Planning Commission receives minutes of their meetings and that these minutes are submitted to ttie Council for approval. He said this is the way the ordinance has been for 12 years and there had been no problems. Mr. Scott said the ordinance is being presented in quite a formal fashion, and he questioned why this section could not be formalized also. He mentioned that the word "through" in this proposed .ordinance makes him think this operation is run like the military. The City Manager responded that someone would have to be responsible for seeing that the minutes get to the City Council. He said this is the process being used now. The City i•1anager said the current ardinance is as formal as the one proposed, the formality had not been changed. The City Manager also mentio�.�d that there ar� many things coming from the Planning Cor�nission, not just minutes. The City Manager said there had not been any problems in this system. . � Mr. Jerry Boardman, Planning Assistant, referred to page 3-H of the agenda and said this section was not included within the proposal from the Planning Commission. Mr. Scott said the proposal looks like the Chairman is not going to assign duties consistant with the coimnission. Mayor Nee said the paid administrative.employees are the City Manager's employees. Mr. Scott asked if the Chairman asked the secretary to do something, she should have to ask the City Manager. The City Manager said if the Commission wants the secretary to do research, she cannot, she is not capable. Mayor Nee said he cannot have anyone at City Hall type a letter from him without going through the City Manager. , Councilman Starwalt mentioned that there would have to be this inclusion so that thir.gs do not get out of..hand. He also commented that if the Chairman wouid direct the secretarial staff to do work, they may do something that is not right. He said that the members of the Council should take thi s nto consideration when making appointments and appoint people who know the ground rules and procedures. Councilman Starwalt said he would encourage the Council to stick with the proposed working unless some problem arises. ' He also said he would like the apointments to be done according to k�ards. ' Councilman Fitzpatrick said the suggestion within the proposal is to er�courage appointments : by Ward, but the language is not very strong. Councilman Fitzpatrick said there would be problems in arrangement not only in the Ward aspect, but also the schedule nf appointments. Mr. Scott said he would not like the appointments to be haphazard. Mr. �cott said he thought that there is a haphazard method of rotation. He suggested that the five members of the Council appoint one member of the Subcommittee, with the Subcommittee ,, electing their own Chairman. � i �� � I ��� Councilman Fitzpatrick said the appointments are set up to stagger the terms so that not more than two expire at one time. He questioned how the equal distribution would work under these conditions. • Mayor Nee said he like� the idea of the Chairman being elected by the members of the individual member correnissions. he said H;iih this syster�, all the Council �rould do is appoint the members of the subcommittee and they would elect their ov;n chairman to represent them on the Flanning Comnission. He said he was not sure of the c+etails of this concept,;but it appealed to something in him. Mrs. Lee Ann, S'porre, 301 Ironton St. N. E., said under this system it w�uld be possible to fiave all the members of one cammission living on one street. Mayor Nee said the members of the subcommittee would elect their most representative member, if they have faith in this person, This member would be totally responsible and'accountable to be member commission. � .�, 1�J O � __., _ _ .. PUBLIC HEARING MEETING OF I�AY 12, 1975 PAGE 7 �" Councilman Fitzpatrick said he agreed with Mayor Nee. He mentioned that there had been prtitil.erns with the Chairman of the Subcorrmittes not always being representative of the Comnittee. Councilman Fitzpatrick said he is concerned about the geographic distribution on the Planning Commission. � � I! u ' Councitman Starwalt mentioned that the Council could apMrove o"r disapprove of the appointment as done by the members of the comnission. He said through this process, the Counci] cou',d encourage even distribution. Mr. Scott asked if whai was being proposed is thatthe Chairman would have to come from one of the Wards. Councilman Fitzpatrick said if the member commissions would elect their own chairman, he did not think there could be even geographic distribution. Mr. Scott said he did not think there could be even distril�tion at the present time under this proposal because the languaqe indicates that the Councilwould only be making an attempt to aFpoirt by Wards. Councilman Breider said if the Mayor ancCouncilperson at Large were to appoint people " at Large, there would be the same situation. He said there could be three people from one area on the comm9ttee. , Mr. Scott questioned the current openings in the Subcommittees. Mayor Nee indicated that '• the Council was hoping to settle the consideration of the currently being discussed ordinance before the apointments were made. He mentioned �hat the members of the Council are eager . to appoint members to fill the openings. Councilman Starwalt mentioned that what may be a cause to the current problems is the redistribution of the Ward structure. He said the distr;bution is gradually working into shape, and he believed the appointments would be closer to more evenly distributed appointments than what is currently in existance. Councilman Starwalt said if the individuaT members of the Council make bad appointments, they hear about �t from the other members of the Council Mrs. Treuenfels said she felt the election of the chairman from within the member comr�issions was probabiy the best way to go. She said un�er the current system, one person from each of the corrunittees was permitted to run the committee. Mr. Dick Harris, Chairman of the Planning Commission; said if the Planning Comm9ssion is not overwhelmed at the present time, they never will be. Ne said he was not speaking as a member of the Planning Commission atthe present time, but as a member of the community who often brings concerns through the committees, and it would seem that it may be possible for the whole committee"to be replaced at one time. He said this has happened in the past and it is difficult. The City Manager said he thought the consideration had gone full circle. Mr. Harris also comnented on the concern of Ward appointments an:imentioned that this may make it mandatory to deny membership of some capable people on the subcommittees. He said the modified proposal would take thisinto consideration and he supported the ' wording that th�s be encouraged by l�ard. He mentioned that the apointment to any commission would be majority of the Council members. He mentioned that this would take three Council votes. He said the Councilwould have control of the appointments to the various comnittees. � ' Mayor Nee said he did not think there was a need for the law to state there should be equal Ward representation, the members of the Counci] are very eager to appoint within their Wards. Cauncflman Startvalt questioned the proposal that each of the members of the Council appoint members concurrent to their own term of office. He askcd what would happen if he moved from the City and was out of office. He questioned if those he had appointed would be off the conunittees with his successor appointing new members. Mayor Nee said if the terms would run concurrently with the term of office, they would have to continue until the end of the unexpired term. Counciiman Starwa7t�said he felt very strongly that the people should not be removed from the committees. He said if abie and capable people are serving, they would not want to push them out because someone else was eiected. The City Attorney said he would like to bring up a legal poini. He said he would like to repeat something the City Manager had pointed out, that the Council would have five votes on each of the appointments. Not one appointment for each member, this would have to be voted on. ' � , � � 191 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 8 Mr. Bill Drigans, member of the Planning Corrmission, addressed the Council and said he did not think the method of appointment should be a part of the ordinance, he feltthis to be a policy matter. He said he felt the Mayor's proposal for the nomination of� � several people would be a good policy. He also mentioned.thatif people are willing to serve, they should,serve the entire corr�nunity, not just their small neighborhood. He said he never just thinks of his own t�ard, but rather the whole community when the considerations are before the Planning Commission. He reiterated that the Mayor's proposal for nominations was the best possible proposal. He said what the member corr�nissions really need is qualified people and it does not really do the City or the comnittees any good to have people serving who do not have the knowledge to ask intelligent questions. He pointed out that the members of the member commissions help the Council by asking good questions. He said the questions should be asked at the subcommittee level so the Council has the time to study the various items. He said qualified people should be appointed, not campaign managers or campaign secretaries. Mr. Drigans said he felt the wide open appoiniments would be best, and he wouldlike to see five qua]ified people who may live within the bounds of one Ward. Councilw.oman Kukowski mentioned that she knew of many qualified people in Ward II, she `questioned, where are all of the other people from the other Wards. Mayor Nee said his suggestion would be to put five people in front of the Council with a presentation of their biography. He said this would aive the people fice people to consider for each appointment_, and the Council could make the choice from these five. He said everyone willing to serve should have some consideration. Councilman Breider said several weeks.ago, there were letters received by the Council from people who wished to serve on the Cable Television Commission. Councilman Starwalt mentioned that the Council would like interested individuals who would have the time to serve. Councilman Breider said he thought the problem in distribution is a practical one which came from the redistricting of the Wards in the City. He said before this time, he had appointed people from his Ward, now the people live in other Wards. Ne said he could see some probTems with the proposal from Ward appointments. Mayor Nee questioned the Council on their feeling concerning the proposal that the indiv- idual member corrmittees elect the Chairman to serve on the Planning Commission. Councilman Breider said he felt that the member commissian would elect the person that would best represent their views. He said he thought this suggestion had a lot of inerit. Mayor Nee said he liked this proposal. He said he thought the vitality of the member co�nissions would be enhanced if the chairman was elected by them and could be considered "theirs". � The City Manager suggested a different approach statino that it may be feasible for all of the comnissions to elect their own Chairman, including the Planning Commission. He said the Car�cil would havle.the authority to solicit who they may want as Chairman of the comnittee and this could be the recommdation of the Council. . Mayor Nee said with the proposal for the Chairman to be elected, it would be possible to replace the chairman if he did not represent the views of the commission. Councilman Breider said he would much rather have the committees elect their chairman `• who would determine if their position is being served. He said the commission could replace him or ask him to step down if the person did not represent the commission.. He - �; felt this would be a good form of check and balance. . �\ � The Planning Assistant said the Planning Comniccion could have five new members, all at one time. He questioned if this may create some problems. � Mayor Nee said th��;�ould only happen if all the charmen "goof up". Ne said there would be a major change in the Planning Commission if all of the Chairmen fail to represent , their committee. • ' Mr. Drigans aske8 how long the Chairmen would serve. Mayor Nee said this would be at the discretion of the corrmittee. ' Councilman Fitzpatrick said there are many things that could be said in favor of this I concept. Councilman Fitzpatrick said unless the commission elected the newest appointment � ta the corranission, there would be a frequent turn over on the Planning Commission. Mayor �i�\ Nee commented that he did not think this would be necessarily so, but it could happen. . i � ; �, , �_ _ _ _ ___ . . ' � � ,II� � ' � �_� 192 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 9 He said if there is a strong chairman, he would be reappointed by the Councii. Mayor P1ee said the members of the member commissions would read the minutes of the Planning Commission Meetinesand the Chairman would have to maintain the confidence of the members: He said . he thought this would be a fair test. He said if not, there is a real question on whether the representative should be on the Planning Commission. ' Councilman Fitzpatrick said the concept of the electionof the chairman has much to say for it. He said he could see some probiems, but they might not be the most important criteria of the consideration. Councilman Starwalt said he could see the points raised by Councilman Fitzpatick. ' �. Councilman Starwalt said it has been the feeling in the past to keep as many experienced. members on the Planning Commission as possible. Mayor Nee make the point that if the Chairman of the Subcorrnnittee does not have the confidence of the committee, maybe �� he shou7d not be on the Planning Comnission. ' Councilman Starwlat corronented that there may not be as much turnover as is being questaoned. 'I ' Mayor Nee said if strong people are elected by the Subcommittee, there would not be this much turnover. The City Manaaer commented thatthe !Ca!ncil should think about the coniinuity of the process Ne said this system would ereate the potential of having five new members on the Planning Co�nission. He suggested that the Council asK the subcommittee for their input before the Council appointment as Chairman. Ne said ihis would have to be done at Council level. he mentioned that the Council uses the help of the citizens committees to make decisions, bui the Council has to make the ultimate decisions. He said the Council has to answer to the ciiizens of the City. He reiterated, the continuity of the process is a very important consideration. He said the•corran�ttees make suggestions to the Council and these recomnendations have some weight. Mayor Nee said this would make the Planning Corrunission answerable to the committees rather than the Council. • Mr. Nick Garaffa, 6750 Monroe Street N. E.., said he believed that the Chairman should represent the majority view of the m2mber commissions. Mr. Garaffa said in past action, � some chairmen did not represent the majority view of the commissions. He said there is the possibility of the chairman acting for himself instead of for the co^�mission and this stop gap procedure would alleviate this problem. Ne said the people on the commissions could come to the meeting and indicate that the Chairman does not represent the majority. The City Manager said that all minutes of the Su�committees witl be reviewed by the Council and if any action is taken, the Council will be aware of this. He mentioned that this would also indicate if the Chairman is not acting in accordance with the feelings of the majority of the member comm�ssion. The City Manaqer brought up the point that the Council's decision would be based on all of the members of the community, and the comnission's consideration is not ti�e a]1 dec9ding factor. He said the Council will review ail the available material and information as well as the feelings of the community and make its decisions for the good of the communi�y. Mayor Nee said he is sure that the members of the Council review the minutes of the member comnissions and are aware of the areas of conflict. Mr. Garaffa said there is a loophole inthis statement. Ne said the action views of the various cort�nissions may not be presented to the Council at the same time. He saii not just the recommendations of the Planning Commission should be considered. Ne said this would be alright if the recomnendation represents the majority thinking. He said all of the member comnissions should find out about the consideration in a timely manner, not like in the past, after an item is acted on by the Council. . Mayor Nee said the chairman would be alert to the considerations that his individual corrrnittee should review. He said the chairman should also have the confidence to enter into negotiations. He added, if the member commission distrusts the chairman because of his imprompto statements, he will have to come back and face this lack of confidence. � •' � Mr. Garaffa stated that �t may be possible for a chairman to wear two hats and forget about what happens on the subcomnittee level. Mr. Garaffa said he would like the � committees to have the right to regress at the time of action, not two to three weeks after. i� • Mrs. Treuenfels said she was concerned about the City Manager's concern over the . continuity rather than representation. i . . �' � a � �.--. � I �y� PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 1� Mr. Scott addressed the Council and suggested that the Planning Commission be comprised of five memebers with a non voting chairman in addition to this. Ne suggested that if there is a tie vote, the chairman would be the tie breaker. He said he thought the Chairman of the Planning Commission should not serve on other commissions. Councilman Fitzpatrick said at the present time, the Chairman of the Planning Commission does vote. He mentioned that the Chairman has always voted in the past. Mr. Scoit said with the current proposal, there would be six members on the Planning Commission and there is a possibility of a tie vote. Mr. Scott suggested the possibility of the Chair- man not being a voting member and stated that in the proposal> he is to be the Chairman of the Cor�nunity Development Comnission. He suggested that the duties of the Chairman of the Planning Conmission be limited to this without having him on another commission. The City Attorney asked Councilman Fitzpatrick if he would care to be a non voting member of the Planning Comnission in view of the fact that he was a past Chairman of the Cor�nission. He mentioned thatthe chairman in thi s instance would be involved in all of the considerations and not have a voice in the outcome. He said he did not think this wou1d be satisfactory. Councilman Fitzpatrick said there is such a small number of inembers, Ne �id not think thai the point that the vote may be split at some times to be a valid point, but he felt there may be some problem in getting a chairman if this is the case. Councilman Fitzpatrick said often times, there are members of the Planning Commission absent and it may be difficult to have a quorum present. . Councilman Starwalt said now the Chairman, does�vote. He said he would encourage this to cantinue. Mayor Nee said he could not see any probiems when the Council ti�ould have the final decision to make. • The City Manager again mentionedthe continuity and said there were pros and cons in the proposal. He said it wou7d also be possible that the Chairman of the Planning Commission be elected within the Planning Commission. He said thiscould be done in all commissions. The City P4anager continued to state that he was trying to point out the alternatives to , the Counci7 and also the pros and cons. Mr. Gafaffa asked if the constructionof the commi�ions could be left just as they are. He said if they were reviewing all of the alternatives, one would be that they be left alone. He said the commi�ions are operating with a broad base with much citizen ' input at the present time. Councilman Starwalt said the Council had been holding up the appointments to satisy itself that the proposal is the right and proper�thing. He said those people that have continued to serve through the expired terms had done so by choice. He said there is a need to add some people at this time. He said the Council would have to get to the filling of the vacancies. • Mr. Bill Drigans said as the proposal stands at the present time, the Chairman of the Community Development Comnission will serve as the Chairman of the Planning Commission. He asked the Council to consider that this may allow for change in the Chairmanship of the Planning Commission on an annual basis. Mr. Drigans said this should be worked' out and if continuity is a factor, it should be stressed at this level. The City Manager said if continuity is a factor, the members wouldnot all change in one year, they would only change two per year. lie said if there are a11 new members on the Planning Commission, they would have to begin each process over again. He sungested that two of the five members should be changed at one time and one the alternate year. He.said he could see some problems in the members of the Planning Commission serving less than three years. He said this method has worked in the past and he suggested that it be retained. Mayor Nee said it might be desirable to have a change. He suqgested that the Chairman not be a member of any comnission. , The City Manager said he thought there would be special� concern if the Council would appoint someone who would not vote. ��tayor Nee said the Chairman could be apointed by the Council, not by a member of another cocnnission and a voting member. Ne said let him vote. The City Manager questioned the concern over the tie vote. Mayor Nee said the item would still c.onie to the Council. Mayor Nee said the Council gets a fair sampling of what is said at the subcommittee meetings and if there is a tie vote, he could not see why this would make this much difference. • � � , 199 PUBLIC HEARING MEETIN6 OF MAY 12, 1975 PAGE 11 Mrs. Lee Ann Sporre said she.thought that the proposal was brought about because the staff has not had enough impact on the decision ma'<ing process. She mentioned that the . criteria should be spelled out on which co�unittee should undertake considerationon specific types of items. She used the example that if the staff feels that something is a park item, and it also involves the environment> it should be spelled out which items go to what system. She stated there is the potential of something would get to the Council through this flow without the committee input because of staff decision. Mayor Nee said if the subcomnittee had the right to consider an item, the Subcommittee ,. Chairman could preempt it at the Planning Commission level. He said this may delay the item for two weeks, but i± �aould rely on the Chairman taking hold of it and saying, this is something that my coirmittee would like to talk about. He said he felt this would act as a circuit breaker and there wouid be no problems. � Mayor Nee said this would allow the Chairmen of the Subcommittees an unchallengable right to ask for an item for two weeks and this wouid tend to solve the problem. Mrs. Sporre said the earlier the Subcommittee receives the item, the better. She said ' she thought the Council should spell out each area and this would be for information to the staff. '�e said the staff could tell 4vhat a square block is if the Council would tell them. She recalled that the City Manager said some consideration might not go through all of the member comnissions. ' U 1 �J � .. ' r � , � ' The City Manager said maybe he had not made himself clear. The City Manager said he thought the concerns raised by Mrs. Sporre �,�ere the concerns that ..would be av0�ded by the adoption of the proposed ordinance. He explained that the comprehensive plan will be reviewed by all member commissions and Planning Commission and GouqGil before being adopted. He mentioned that the EDlv�ronmental Quality Commissionis working on a model ordinance. He said this would be reviewed by the EQC, Planning Commission and Councii. He said this document would up date the comprehensive plan and would lay out the concerns of the Environmental Ouality Corronission, Parks and Recreation Commission and all of the other member commissions. Ne said this would adopt the framework and there are no probiems at the staff level. He said one consideration may go to one or all of the member commissions. He said the staff would not gain more power with the proposal, it wouid have very little impact and the citizens wi]1 have greater impact. He said the comprehensive plan would be adopted by the commissions and they are to see that this plan is carried out. He said there would be more review by the citizens corr�nittees than there is at the present time, and also greater total review. Mayor Nee said in his discussions wiih the City fdanager, the City Manager's biggest concern was the possibility of increase s,taff effort. He said he would not want to involve additionai staff time, and there are some negotiations in progress. Mayor Nee said he would like to minimize the staff input. He said he did not think the current discussion could cover everything that could possibily go wrong with the proposal. , Mr. Scott asked how the matters are directed to the various commissions. Mayor Nee ansH�ered saying sometimes; the Council receives a matter and will direct it to the Park Board or the concerned body. The City Manager said it would be possible to direct the various items to all five of the commissions. He stated that thenember commissions would have to adopt some document plan to live by. The would be a guide for the administration. He said with the adoation of the plan, there is nothing that would not go automatically to the proper co�anission. He added, if not all of the proper input has been considered on an item, it may be sent back by the Council. He said there would always be a cycle. _ The City Manager mentioned that Council would have to have some concern for the time limits. He said the City of Fridiey would have.a number cf commissions thatthe other cities do not have. He said thiswill add two weeks to the process. Mayor Nee mentioned that the administrationwould route all items where they shou]d go and someone in the chain could claim the item if they felt their cor�anission should review the matter. The City Manager continued to comment that if something would come to the Council and the Comprehensive Plan had not been addressed in the question, the Council could send the matter back to the Planning Comission or any other member commission. He said the staff could direct matters,.the Planning Comnission could direct items, Council could and, also the member commissions. The City Manager used as an example that all of the environmental concerns would be listed and these concerns would be taken to the EQC. Councilman Starwalt read a portion of the City's 1975 calendar to the CounciT and aadience dealing with the growCh and development of the City. { l95 PUBLIC HEARING MEETING MEETING OF MAY 12, 1975 PAGE 12 � Mr. Garaffa asked if the current set up of the.commission would be unacceptabte. � The City Manager responded tha tif the.�r�mmissior� were left as they are they would ! not address the human resources concerns and would not relate directly to the environmental I concerns. He said the Council had directed him and he had made the plans for this revamping. Mayor Nee said he would like to explain the motivating force in this • consideration and said he had been pressing for this revision more than anybody. ' Councilman Breider explained thatthe current proposal would address a multitude of concerns. He mentioned that the City currently has a Plats and Subdivisions, Streets and Utilities Subcon�iittee and there is not that much land left for development in the ; City. He said there may be two to three more plats in the City and he wald rather have a working corrnnission. Councilman Breider continued that the current arrangement allows for concerns to go directly to the Council from the individual subcommittees. He said ! it would seem to him that a better job of planning and consideration of the concerns i could be done if the iteins were reviewed by a11 of the subcommittees and the Planning � Commission before coming to the Council. He said the activitites of the City and the � member commissions should be directed by policy, and currently the administration does not have this kind of policy. I ` � I l � �� Mr. Garaffa questioned if a car had two bad tires, would the whole care be replaced. He said the City was planning a whole new structure when they did not know if it is going to work. He suggested that this be put off at this time or perhaps be done gradually. Mr. Garaffa said maybe the City should take another look at what the problems are. � Councilman Breider asked Mr. Garaffa if he had a workable solution in mind: Mr. Garaffa said he would suggest replacement on a one to one basis. Mayor Nee said this revamping is out growth of the present structure. He explained that the proposal would be building on to what is in existance. He said the first proposal consolidates the plumbing or streets and utilities functions with the streets and utilities and other process and creates the Corr�nunity Development Commission. Ne mentioned that secondly, the Environmental Quality Corrcnision would be brought into the Planning Corrmission process. Mayor Nee said the third revision would bring the Human Resources Corrmission into the P1anning Comnission process also. Mayor Nee said it is his hope that the process will solve conflicts withi�n the free wheeling atmosphere of the Planning Commission. Mr. Garaffa said he saw,Mayor Nee's point. � Councilman Starwalt said he did not think the proposal reflected that much change and it did cover items that had been discussed before by the Council. Councilman Starwalt said there �ras not a big push to do this right at the present time, the public hearing had been set up several weeks ago. Councilman Starwalt said he thought the reorganization would correct the problems. He said maybe all of theproblems would not be solved, but it w�uld besmoother and this could be amendedin the future to take care of any problems down the road. � Mayor Nee said the most drastic change is that each concern should to to the Planning Comnission before it goes to Council. He indicated that at the present time, the items have not been directed in this manner and the Council questions what the individual committees may and do think about the iterr�s. Mayor Plee explained under the current proposal for revision, each of the membe'r commissions who would have a concern about any proposal would review the proposal and it would then go to the Planning Cominission for review and modification and consolidation of the member commission's recommdation and stipulations. Ne said after this, the matter would be directed to the Council with a. combined response of the member commissions and Planning Commission recommendation. Mayor Nee said he thc�ught this would be the best manner of having thin� processed and examined. Mrs. Treuenfels said that by what the people tidve said at the current meeting is that the people have lost faith in their leaders. She continued to state that she thought �he plan would be good to help restore the faith. She also mentioned that it is a good proposal that the cornnittees elect their chairman because this lends to faith in government. She said she felt this to be a qood plan and also thought �t would work very well. • The City Attorney used an example that one wants to build a plant in Fridley and this individual comes into the City and is told that he wouldneed rezaning and also variances. He would also need approval of the building plans. In order to complete this process, he would have i:o go to the Appeals Cos�nission, may be to the ENvironmental Quality Commission, the Community Development Comnission, the Planning Commission and the Council. Me said the man'would be faced with five meetings. He said each of the member commissions would come up with a different stipulations, and there may be a new set of rules set by each commission. f � � 196 . PUBLIC HEARING MEETING OF MAY 12, i975 PAGE 13 He questioned if the applicant would be expected to produce: representation at•each of. the subcorr�nittee meetings. The City Attorney asked how much time and money this would take. He mentioned at this time the City of Fridley has the reputation of being cooperative with its work between the staff and the applicants and the Council and the applicants. ' � The City Manager said he would l.ike to address his comments to Mr. Garaffa. He said the reaction of tNe staff to this proposal is that this would put more work and burden ' on the staff. He said there would be more input from the community and the commissions and he did not know if this cou7d be done w�th the present staff. He said the current � " proposal is in no way what the staff had,originally proposed. He said this has had, three to four months of review. He said he wou7dnot want to give the impression that the staff is being pushy, f�e said they are merely reacting to the wishes of the Council. He said the proposal is only taking out what is not nee.ded at the current time. He said the Environmental Quality Commission had been sying for years that they had not taken , care of any concerns and they had not had anything to react to. He said �rith. this �roposal they will have an important function andhave a specific job. He said they are currently ' establishing an environmental ordinance that would establish the framework for the City. � • The City Manager explained that any environmental concerns wi11 go to them. The same consideration realtes to the Human Relations Commis�ion. He said this group was created by resoiution and not by an ordinance. He said the meetings have not been we11 attended because of lack of items to react to. He said establishing the Human Resources Commission would give a broader input. He suggested topics for their consideration such as senior citizens in the City and yauth concerns, fine arts and the woman's job market. These concerns have serious impact on tne City. ' The City Manager continued to expiain that the CounciJ feels tha t the City should increase the impact of these areas and repiace what the City has outgrown. Ne said he must emphasize that this is not a staff plan. Ne said this is the Council's pl�n and the staff had been directed to prepare it. The City Mana'ger said he had certain reservations about this plan. He said there was only so much staff and so much resources. Ne said this is going to add to the review process the City now has. Mr. Garaffa addressed the sign question that had been previously considered by the Council he mentioned that the sign people had said all of the commercial area was avaiiable for signs. Mr. Garaffa said this wouldindicate that the City is for whatt.he public is against. Mr. Garaffa said he felt the proposal to be bad for the City and would bring about more problems. He thought that everything should go smoothly with public input. P^r. Garaffa indicated he felt that the City has a problem meeting the public will and �eople are concerned about past mistakes. He said checks and balances would help this Mayor Nee said he felt that this was in effect what was being said in the proposal. Mr. Dick Narris questioned how much time would be added to the entire cons�deration procedure after adoption of this ordinance. 'Mr, fiarris used as an eicample the recent proposal by RAO Manufacturing. The City Manager said fihis would add from one to two weeks to the consideration time and it may add as much as two r�onths. He said if this had to be reviewed by all of the member commissions with the considerations that certain Statutes had to be adhered to for something like rezoning. He added, hopefully, it would not take as much time after the adoption of the comprehensive plan, since thiswould address a11 aspects of the consideration. He a]so mentioned if some development would involve the dedication of some p�rk land, this consideration would have to be reviewed by the Park and Recreation Conanission. He said if the comprehensive plan is laid out, the developer �•�iT1 know•what the City wants. He said the City has a zoning Code and thiswould adopt additional documents for Ruidelines. He sa9d the Planning Com�nission would review the matter with ali of ihe minutes of the member commissions and all of the minutes and recomnendations would be brought to the Council at one time. He mentioned that an item may only have to go to one member commissionand some may have to go to four. Mr. Harris said he was speaking as an individual and said that one or two weeks would not bother him, but a delay of two months wou'd not be reasonable. He said he did not think the shorter delay would be unreasonable. Mayor Nee asked if currently rezoning would take about six wee{:s. He said with the addition of two weeks, this could take up to two months. Mr. Harris repeated if this � would i:ake thenormal time plus two months, he would.�J?S� to this. The City Manager ' said some development consideration should ao to the Environmental Quality Commission and this is not currently in the plan. Mr. James Langenfeld, Chairman of the Fridley EQC, addressed the Council and indicated that most of the requests for development in the spring of the year could be taken care of in the winter months previous to this time. He said he objected to the people that . � �� ��� PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 14 come to the City with some kind of an emergency rush. Ne sited as an example the man who comes in for a variance and says he has a load of concrete ready to pour and needs instant action. He said when the ordinance is established this would be a good point for environmental considerations. Councilman Starwalt said even if it takes six months for some major concerns, this time should be taken. He said the lesser matters could be taken care of in from one to two weeks. he said he believed the "red tape" to be a protection factor for everyone. Councilman Starwalt said if there is a delay, maybe they could come up with a better development than they would have had otherwise. Mr. Harris said he would like to qualify his statement and one to three weeks would not be objectionable. He said in a case as tl�e City had ten years ago (tornauo) where tl;ere is a major disaster, the City �rould have to look at a different system of progressing. He said thiswould be a different case. Councilman Starwalt questioned whetner the current amount of City staff would fit ±his framework. He mentioned, if not, there will be problems. P4ayor Nee said he did rot feel that the City had to provide staff for the project commattees, but staff would be s���lied at the comnission level. ' The City Manager said as far as he knew, the Board of Appeals has had staff, the Plannin� Commission and the Parks and REcreation Com�rrission. He aid the others had not been uni;il recently. He mentioned that ihe Environmental Quality Co�r�miss.ion is noV� raceiving staff assistance at their meetings because af the project they are involved in. Councilman Starwalt asI<ed if adequate staffing could be provided arcf the City Manaaer said yes, but there would be a shift in resources, now they are only providing three subcommittees with staff. Councilman Starwalt asked if this would be adequate to do justice with the present staff. The City ktanager said the member., commissions might feel that they need more information and data or material and tnishas to be limited. The City Manager said he hoped that the corrnnissions would not expect a great deal of help because this would have to be limited. He mentioned this would not be a drastic change from what is being done today. Mayor N�e used as a sample .�?roject. the Environmental Quality Commissian had asked to monitor the water coming in from Spring Lake Park and Coon Rapids. He sai�the cosi;s of this type of project would have to be monitored and the Council �vould t�ave to decide Councilwoman Kukowski said she like the plan and would like to see the member commissions elect their own chairman. • Councilman Sreider said he felt the same way. He said F�e would also like to see the comnittee chairman elected by the. members. Councilman Fitzpatrick said he felt tnis would be a good plan. He said he believed that the election of the member commissionchairman would solve many problems. Mayor Nee asked the members of the Council how they feli: about the chairman of the Planning Go�tmission not serving as chairman of the Comrriunity Deve1opment Commission. He said this would allow the Planning Co�rnission Chairman to be free to opei°ate the Planning Commissjon. • , � P1r. Richard Harris, Planning Canmission Chairman, said he would prefer to not be the Chairman of another commission, there is just not this much time. He also explained that he believed that the Chairman of the Planniny Com�nission.shou?� be a voting member of that body. Ne said there had been some problems in th past with raising a quorum and this would ino�ease the difficulty. He said it is always possible for the f�lanning Comnission to send something to the Couneil without a recommendation or a tie vote. Mayor Nee said the proposal would be that the Chairman of the Planning Commission not be a member of any other comission and that he be a votir�g member of the Planning Commssion which would make a total of six voting members. ' Mr. Bi11 Scott said he had brought up this concern because of the possibility of a tie vote, but he also felt thai; the Chairman should be a vo,ting member of the PTanning Comnission. Mayor Nee said this will allow for 25 people on the commissions with the addition of the Planning Commission Chairman, which would make 26. He said as many people as wanted or needed could serve on the individual ad hoc committees within each i�ember commission. Mayor Nee asked the Ci�y Manager if he would amend the o�di.nance to state those th�ngs t•�hich had been agreed upon through the discussion. The City Manager listed the following changes to be made in the ordinance: the member'commissions would elect their own � ; , . ' ., ' . , i �J Zya PUBLIC HEARING MEETING OF MAY 12, 1975 . PAGE 15 chairman, the Planning Commission Chairman would serve only on the Planning Commission and he would be a voting member. Councilman Starwalt asked if the ordinance cou�d be adopted on first reading. The City fianager said it could be amended on second reading. MOTION by Councilwoman Kukowski to close the public hearing. Seconded by Councilman Fitzpatrick. Mr. Drigans asked how the Council intended to make the appointn�ents. He felt this should be a policy matter. Councilman Fitzpatrick as.ked if the ordinance would be adopted as it stands, he said there would be some problems with the members being the committees are being consolidated. Mayor Nee said he strongly urged the Council to adopt the proposal that he had made. He said he was not sure that this would happen. He said there is no question on the method of appointment, there is a concern over the nominating process. Mr. Bill Scott said he would like to see the Council mem�ers personally accountable for the , members they appoint. Mr. Nick Garaffa said with the current proposal, it would make it possible for all of the members of the Planning Commission to be from one Ward. He asked if it would be possible to indicate that the Chairman would be frorn a di�fferent �Jard if the majority of the members are from 4Jard. Mayor Nee said if the appointment is ta be for three years, it would be difficult to just dump it. � � UPON A VOICE VOTE, on the motion to close the pubiic hearing, all voting aye, P�ayor Nee declared the motion carried unanimously. FIRSi' I:EADIfdG OF AN ORDINANCE ESTABLISHIPJG CERTAIN COMMISSIONS fOR THE CITY OF FRIDLEY, ' MINNESOTA, WNICH SHALL CONSIST OF THE FOLLOWING: PLANNING COt�1i4ISSI0N CNAPTER 201 . n^ PARKS AND RECREATION COMi%tISSTON CFVaPTER 101 , EI!VIROiVMEP�TAL QUALITY COMMISSION CHAPTER 121 . HU�1AN RESOURCES COMT•IISSION CHAPTER 122 , APFEALS COP•1PIISSION SECTION 205.18�, i � � ' �. � � P10TION by Councilman Starwalt to waivc the reading of the ordinance and adopt the ordinance as presented on first reading. Secunded by Councilwoman Kukowski. Upon a voice vote, ail voting aye, Mayor Plee declared the motion carried unanimously. MOTTON by Cotmcilman Fitzpatrick to direci the Administration to amend the ordinance for the second reading. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider asked if the Administration had advertised what vacancies zre available. Mayor Nee said this had been done for the past two months. The City P�1anager said notifica- tion had been inthe paper and also on Cable Television. "ESOLUTION N0. 71-7975 - CONFIRMING ASSESSMENT FOR SA�IITARY SEWER APlD t�1ATER. IMPROVEMEfJ7 PROJECT N0. }15: MOTIOt� by Coucnilman Breider to adopt Resolution No. 71-1975, confirming assessment for Sanitary Sewer and Water Improvement Project No. 115. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, tAayor Plee delcared the motion carried unanimously. SETTING PUBI.IC HEARING FOR ALLEY VACATION SAV #75-03, QY h1ACHINING INC., GENERALLY --- -- - - - •..._ . ...�..T., �,-„�,-T ���� LONGFELLOW: • MOTION by Councilman Fitzpatrick to set a public hearing for the vacationof the alley . between Ashton Avenue and the railroad tracks and Liberty Street and Longfellow for June 9, 1975. Seconded by Councilman 6reider. Upon a.voice vote, all voting aye, Mayor Nee-declared the motion carried unanimously. APPOINTI�1ENT OF ALTER�lATE TO 7HE SUBURBAN RATE AUTHORITY: Councilman Starwalt said he was unatle to attend a r�eeting of the Surburban Rate Authority and reading over the ininutes of that meeting, it had come to his attent�on that the group _ _ _ __ — f c�s ' ' �, . PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 16 would like alternatives appointed to attend when the member is not able to. . MOTION by Councilman Starwalt to appoint Councilwoman Kukowski as an alternate member ' to the Suburban Rate Authority. Seconded by Councilman areider. Upon a voice vote, ! all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of �1ay 12, 1975 adjourned at 11:02 P.M. �� , . Pat Ranstrom William J. Nee Secretary to the.City Council Mayor Date Adopted � . � \ I,�� � , � � � � � I � i FKIi�LtY CITY COUi�CI� — PUBLIC HEARING M�ETING - MAY l2, 1975 = 7 P,P�. 7:33 P.M. � PL�l�GE OF ALLEGIAI�CE: Given ROLL CALL: All present a Pi�ESri�Ti�TIOf� OF AWARD; (�TH NNNUAL HONOR AWARD FROM THE FNVIRONMENTAL. MONTNLY ��IAGAZI.NE TO FOUNDATION FOR ISLANDS OF PEACE BY MAYOR i�EE Presented. PROCLHMAT I Oi� : 0 PROCLAIMING i�AY 15 AND 16 As ��POPPY DAY�� Alli�PT I Oi� OF AGtid�A : � Addition: Setting Public Hearinq for alley vacation for Ashton-Liberty area. PU�LIC NEARIiJGS: PUBLIC NEARING ON FINAL ASSESSMENT ROLL Ft�R SANITARY SEWER At�D Y�ATER IMPROVEMENT PROJECT Ido, 115. �..��� i— 1� � Public Hearing opened. No opposition voiced. Hearing closed. � � � �.. . �� � ' PU�L I C HEaR I IdG MEET I�dG, MAY 12, I975 i 1' PIJ�LIC HEr�KIIVGS (COiJTIidU.E�) PAGE 2 I'� ' PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT I�O� ST, 1975-1, , 1�DDENDUM Id0 , 1 � � � � � � � � � � � � � . � . � . � � , , Z — Z A � ' d Hearin close . public Hearin o ened. No ob'ections, g 9 P � ' � �J ' li ' , , PUBLIC NEARING ON �ST/�BLISHING CERTAIN COMMISSIONS WITHTN THE I.ITY OF FRIDLEY � � � � � � � � � . � . � . � 3 — 3 W Pub�ic Nearing opened. Coucil discussed possibility of Subcommittee Chairman being elected by th� Subcommittee rather than appointed by the Council. Planning Commission Chairman will not serve as Chairman of the Community Dev2�opment Commission, but he will be a voting member _of the Plannin� Commission. Pubiic Hearing ciosed. �t�' �iJSINESS. �Qf�ISIDERATION OF FIRST t�EADING OF AN ORDINANCE ES7ABLISMING CERTAIN COMMISSIONS FOR THE CITY OF FRIDLEY, 1`�ItJNESOTA WHICH SHALL CONSIST OF THE FOLLOWINGc PLANNING COMMISSION CCHAPTER 201), PARKS AND RECREATION COMMISSION �CHAPTER �.Oi), �NVIRONMENTAL QUALITY COMM�ISSION iCHAPTER 121), NUMAN RESOURCES COMMISSION iCHAPTER 122), APPEALS �OMh1ISSI0N �SECTION 205�1g), AND �OMMUNITY DEVELOPMENT l',OMMISSION �CNAPTER 216), AND REPEALING ALL PRIOR CHAPTERS AND SECTIONS �CHAPTERS #101, #121, #2�1� SECTION #ZO5.1g AND I,HAPTER �ZO2�) � � � . � , . . . � , . � . , . . � , � . 4 — 4 N First Reading adopted. Administration directed to amend ordinance for Second readina. 0 � C PUBLIC htARIi�G MEETIi�G, h1AY 12. 1975 : PAGE 3 TuEW �US I ��r.SS �COiJT I i�lUED1 _. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR SANITARY SEWER AND WATER IMPROVEMENT PROJECT �uo, 115. � , , , , , , , , , , , , , , , , , , , , , , , Resolution No. 71-i975 adopted. 0 5-5A SE7TING PUBLlt; HEARING FOR ALLEY VACATION IP! AREA C�F ASHTON A^!D l.ISER?Y ST.: Public Hearing set for June 9, 1975 �����I�: li :02 P.M. � ' FRIDLEY CITY COUNCIL MEE7ING / �'PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:�A'mm� % 01 �,� NAME ADDRESS ITEM NUMBER _______ _____________ _________________ ____________________________________________ __________- �/ - ����_ - �,' / �_ ^`` ^1 ^\' '� - �� . ... .�` � 4° � l , '���- � � � � a .� � � j�}G��' ,�°�-- � r�' , -,�. -� �,�--� G � Q� -� - �S� �.� %� �. � �� �� �-� r>. �' /�O � , ��1- �" o_ _ ,_ � � ; /��, /1/ ,�' .� � ^���� ��� � � � F'r c,��. f� l, t 0 1 c � � Z 2 2 M�,r�t.c rT L�v i ve , , . � � 4 � — -e.c,v-rp, _.�---��rr � � -�- �� � � . � ��_.�� �,- , _ �� , �. f� �� - ���--- ��.�� � �,�' � �� 1- �i�,� C�..��� t �r��' ,��. �,� �,���/ �--� � ; � � � � s:�� _ ���s� <''-z si ,�� / � � a %'� � �:.��-e �J� �� � ` � -- � � � �%�5 1��'u-u.2 __� � c�� c� i �� ,�� �-z.�--- � �r�._�ir� .� � � �„ . � �� �5��� o F A'�AC K' �' FRI:�LEY GITY COUi�CIL — PUBLIC I�EARIiVG M�ETIiVG - N�AY 12, 1975 - 7 P.P�. PLE�GE OF ALLEG IAidCE : ROLL CALL: PRES�►�TNT I Oi� OF NWARD ; � (�TH NNNUAL HONOR AWARD FROM THE ENVIRONMENTAL MONTHLY MAGAZI.NE TO FOUNDATION FOR ISLANDS OF PEACE BY MAYOR �VEE PROCL�MAT I Oi� : PROCLAIMING I�AY 15 a�vn 16 AS ��POPPY DAY" AD�PT I Oi� OF AGtiV�A : PU�L I C HEAR I iJGS : PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR SANITARY SEWER AWD Y�ATER IMPROVEMENT PROJECT ��0. 115. �.��.� 1-1� 'I �11 � � ' � � � , ' � ' ' P(i�L I C HE�R I f�G MEET I��G, MAY 12, 1975 PtJ�LIC �iE:�KIidGS CCOidTIi�UE�) � Pa�E 2 PUBLIG HEARING ON PRELIMINARY ASSESSMENT ROLL FOR STaEET IMPROVEMENT PROJECT I�O� ST. 1975-1, 1�DDENI�UM I�0 � 1 � � � � � � � � � � � � � � � � � � � � � . Z - Z A I�UBLIC HEARING ON �STABLISHING CERTAIN COMMISSIONS WITNIN THE I.ITY OF FRIDLEY . � � � � . � . � : . � � � � 3 - 3 W �i�.�1 �US I rdESS : • �ONSIDERATION QF FIRST f�EADING OF AN ORDINANCE ESTABLISHING CERTAIN COMMISSIONS FOR THE CITY OF FRIDLEY, I�IItJNE�OTA WHICH SHALL CONSIST OF THE FOLLOWING: PLANNI{�G COMMISSION �CHAPTER 201>, PARKS AND RECREATTON COMMISSION �CHAPTER IOI), ENVIRONMENTAL QUALITY COMMISSION tCHAPTER 121), iiUMAN �ESOURCES COi�MISSION �CHAPTER 1�2), �PPEALS COMMISSION �SECTION ZOS�I�), AND COMMUNITY DEVELOPMENT I.OMMISSION �CHAPTER 216), AND REPEALING ALL PRIQR CHAPTERS AfVD SECTIONS ��HAPTERS #101, #121, #2�1, SECTION #2�5��.$ AND ('.HAPTER #ZO�) . � � � � � ,. � , , , , , , , , � � � � . 4 - 4 N ' �I . � ,�,,, � : PUBL I C f�tAR I i�G ► IEET I i�G, h1AY 12, 2975 f�EW �USIi�tSS (COidTIi�IUED) --PAGE 3 CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR SANITARY SEWER AND WATER IMPROVEMENT PROJECT �uo,115,,,,,,,,..,�,,,,,,,,,,,,, 5-5A ADJOtI RIV : 0 a ' _ ��. ��v�r�nrr�en� � � ����� 284 Alex�nderAvenue Bronx, (`lew York 10454 II � (212) 532-7140 ' William Houseman, Editor ' � April 25, 1975 ;� Mr. Nasim M. Qureshi City Manager ' City of Fridley 6431 University Avenue N. E. . Fridley, Minnesota 55432 Dear Mr�. Qureshi: 1 We are pleased to present to you the enclosed citation in recognition of the Foundation for the Islands of Peace's concern for environmer�tal excellence, as ackno�n%iedged by �, our fine jury in The Environment Monthly's Sixth Annual Environment Honor Awards Program. 1 A copy of our April issue featuring ihe sixteen corporate winners this year is also enclosed . � My personal congratulations for the Foundakion's outstand- ing performance . If •such recognition hetps to fortify your support af environmental values--especial.ly at a time when � � both economic and politica.l pressures are threatening to • debase them--we shatl have earned our reward . Sincerely, � � � �� �; ��,.< �� � � ,� � ,-� �r�' _ . � ' WH/jr enc. 0 II � � � .� � � ' � CI7Y OF FRIDLEY ANOKA COUN1'Y, MINNESOTA � NOTTCE OF HE�IRING OF.ASSESSMENT �OR SANITARY SELJER AND WATER IMPROVEMENT PROJECI" N0. 115 Notice is hereby given that the Council of the City of Fridley will meet at the City Hali in said City on the 12th day of May, 1975 , 1975, at 7:30 o'clock P.M.', to hear and pass upon ali objections, if any, ta the proposed assessments in respect to the fo1lowing improvement, to-wit: SANITARY SEWER AND 4JA7ER IMPROVEMENT PROJECT N0. 115 The propased assessment roll for each of said improvements is novr on file and 1� open to public inspection by all persons int�rested, in the office of the Clerk of said City. � � � � At said hearing tne Council will consider tivritten or oral objections to the proposed assessments for each of said improvemEnts. The general nature of the improvements and each of them is the construction of water and sanitary sewer mains, laterals, service connections, storm sewer and drainage facilities, and related appurtenances 1ocated as foTlows: Area bounded by 78th Avenue, 79th Avenue, Beech Street, and Burlington- Northern Railway Lots 1-3, Block 1; Lots 2 and 3, B1ock 2; and Lots 1-8, Block 4, Rice Creek Estates Addition The area proposed to be assessed for said improvements and each of them is all that l.and benefited by said improvements or each of them and lying within the general area above noted. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionateiy to each of the lands therein con- tained according to the benefits received. A property owner may appeal an assessment io the district court by serving � notice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court with�in ten (10) days after service upon the Mayor or Clerk. � i- ' �J � � DA7ED THIS 14th DAY QF April , 1975, BY ORDER OF THE CTTY COUNCIL OF THE CTTY OF FRIDLEY. ATTEST: � MAYOR . William J. Nee CITY CLERK Marvin C. Brunsell Publish: Fridley Sun on April 23 and April 30, 1975 1� � � � �J � � 1A MEMO TQ: NASIM QURESMI, CITY hiANAGER, AND CITY COUNCTL FROM: SUBJECT: DATE: MARVIN C. BRUNSELL, ASSISTANT CI7Y MANAGER/ FINANCE DIRECTOR FINAL ASSESSMENT ROLL FOR SANITRRY SEWER AND WATER IMPROVEMENT PROJECT N0. li5 APRIL 24, 1975 Sanitary Sewer and Water Improvemer�t Project No. 115 involves the installation of sanitary sewer and water iaterals and sewer and water services in two areas. In the area bounded by 78th Avenue, 79th Avenue, Beech Street, and the Burlington-Northern Railway, sanitary sewer and water laterals and services have been constructed and are to be assessed under this project. � In the second area which invoives the ne;� plat o� Rice Creek Estates Addition, the sanitar�� sewer and �vatcr laterals have been constructed and assessed against the properties previously, so only the water and sewer services are to �e assessed in this � project. A brief summary of the assessments rates for each portion of the improvement follows: 78TH AND 79TH AVENUE AREA The assessmPnt rate for the searer lateral is $10.00 per foot, and for each sewer service is $144.71. The assessment rate for the water lateral is $19.83 per foot, and for each water service is $137.35. BENJAMIN STREET AREA (RICE CREEK ESTRTES ADDITION) The assessment for each sewer service is $405.94. The assessment for each water service is $539.52. MCQ ps Ii I� � OFFICI�IL� PUBLICATION CITY OF PRIDI.EY (BXHIBIT A)� NOTICE OF HEARING ON II�4PROVE[�4ENTS STREET IAIPROV��'IF-.NT PROJECT ST. 19i5-1, ADDENDUAI #1 � �9HEREAS, the City Council of the City of Fridley, Anoka County, 1�9innesota, has deemed it e�cpedient to receive evidence pertaining to the improvements , � hereinafter described. N019, THEREF03ZE, NOTICE IS HEREBY GIVEN THAT on the 12th day of _ May ,].975 at 7:30 o'clock P.b9. the City Council will meet at the City Hall in said City, and wi11 at said time and place hear all parties interested in said improvements in w}iole ox in part. The general na.ture of th° iriprovements iS the consxruction (in the lands and streeis noted below) of the follo�4�ing irrrpiovements, to-t�it: CONSTRUCTION ITEM Sireet improvements, includzng grading, stabili.zed base, hot-mix b�tuminous mat, concrete curb and gutter, storm sewer system, water and sanitary setiver services, and other facilities located as follows: Rice Creek Estates ar�d Rice Creek Estates Second Addition, bounded by Rice Creek Road and 61st Avenue N.E., and that poxtion west o£ Benjamin Street N.E. ESTIMATED COST . < . . . . . . . . . . . . . . . . . . . . . . . $ 53, 879. 58 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IA4PROV�MENTS IS AS FOLL0IUS: For Construction Item above ------------------------.-----_-__:_______ All of the land abutting u�on said streets nar�ed above and all lands within, adjacent and abuLting ther.eto. A�.1 of said land to be assesse�' propartzor�ately according to the benefits received by such improveme�it. . 2 That should the Council proceed with said i�r� rovements thay wi�l consider each separate improvements; except as hereafter othercaise providecl by the Council all undex° the foZlo��ing authority, to-tiait: Minnesota Statutes 1961, Chapter 429 anc� laws amendatory thereof, and in con�ormity wiL-h the City Charter. � DATED THIS 7TH DAY OF APRIL � . Publish: � � April 30, ].9�5 A�ay 7, 1975 , 1975 , BY QRD�R OF THE CITY COUNCIL. r'lAYOR - 4VI LLI/1A9 J. NEE �� 2A �,■ � � �. � � � � �� � � � .1 r � CITY OF FRIDLEY MEMORANDUNI T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL �ROM: MARVIN C. BRUNSELL, ASSISTAfVT CITY MANAGER/ FINANCE DIRECTOR SUBJECT: PRELIMINARY ASSESSMENT P.OLL FOR THE S7. 1975-1, ADDENDUM N0. 1 5TREET IMPROVEMENT PROJECT DATE: APRIL 23, 1975 On the attached pages are the estimated assessments for the ST. 1975-1, Addendum No. 1, Street Improvement Project. These estimates are not guarantees of what the assessments will run or absolute limits of what �he assessments will be, but are rather the best estimate of what the actual cost for the work will be, based on the present estimated cost as provided by �he City Engineering Department. 61ST AVENUE, BRIARDALE ROAD, W40DSIDE CO�Ri', AND RICE CREEK DRIVE These are all narmal residential streets, but this cost esti- mate does not include any cost for any work in the boulevards. The estimated front foot rate is $13.92 per faot. The estimated side-yard rate is $3.84 per foot. MCB ps �� � �§ . . I � �� � � I I I I � � I ._ � _ _c! _� ; J__ _ � _ _� � _ � __ i _.t__ I �_ j _ � _�__ ,. , � __ � _ { - � � - - - � -- -- � I � � � 4J � f - "."' . _ _' ' 4-. __ ... __ ' � � � !'� I__f � , _ �_ -- -_ ___ _ , -� . j _ . ._ _. . � j ; � ; � - ,' � . , r 3 � CIT� ��U�C��. + ' � . . . , . , � , �. �, _ �� �, ,�� �� - I . �� �I� „ .� � , � a--; __ �__ � � � _ , _ ; � � , � i � _,_ � � ! f �. ,� , � ; , � i_ � � _� ,_ � , , ; � j r , - �- � ! � �1 , � , envir�h. '; desi�n pl��ni�g board of parks.and _ � cor�m. �co�t. b�ard cmmm. � eafs rec. comm. � ; , ; I --! -—i- f— � �--r j I {——t j ; t ' — � ; � i ; i + + i ' — i ' I I . � � ; , ; I � ,_ ' ._ _ . ; � _ . hOl9Slilg --: -- --_� ; i human rel. b�ke/��i� in��s� dea. ! � ! comrn. ` _' comm9ttee co�r�. authori� _ ; _ : --: � � i ; , ; , i , ' ; 1 ._ f �-- � � 1 i r i i Y .�. .� � � +� . �- � � � I� ' ' � ..�? --. I �. . � __ . � . _ ;�� ' I � ! 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' ' .�;�! � \�'��� � ;" , :-_ -.-; . _: . . __ ��� � ��� � � � . _ . ._ ,__ _ __ . .__ . . + : � ; � ; . .-- ; . __ __� ; _ ._ . _ . . . . . : -� � PLA�`������'� C���������S�O� � � - -- - . - . - _. .__, , : _ . . _ _. . : _ . . _ . __ . . _ _. - � . _ . _ _ .. . - _ ; � -- + � _ ._ . ; .. ;_ � P I R �' � � --( - - , . _. . � ,.: � ` _ -- ._ _ : . : . _ . . -: . _ _. . . . _. p�rks �om���. �o��. e���s�o�e co�m resources comm' .. � �p��a�� coa�a�a. a�� re�, c���._ ��,���e. �. . , ��_��� �PIR �°���i Pi� � � j PtR ��� P�R P� _ --- - -- � . _ , . ,_ . �� � 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,�� �4 r'3 .� � v� , �:.a �i tl� � Cy = j ia , � •'� � � � � � N it�, � � �; � �� i." ,� � � e � � . ± � ; �� i ,r� � 4`f ,� .� V �-+ � .J � , �:� ; 9 �? � � � � � , � � ' , ; � � �� -- � � � � � � G �'� --- �.+ � ,� � N � ' , op�s . ' I � ! -- -- ° ____ �}- r—j. y_ . . . • -_j. � : __., . � ''. . . i 1 I_"' L , � I . • �.- I .- _ _. '__."_ _'_'_' -._. ..--�__"_ ` _ - . _`___ _ _'._� . i ; ' ; t = ; i ; ; ` . . • - _ - -• - -�— :� ��- - . - - . � � , ... . . . , 1 � . � � . . . . .. . ; . � . ' . � _-__� �� ;� �� �� . _.. 10 Vi@W: IMPLE MENTA TION 8e� �ntat $1 �@ ICY ',,: .; _. � P� R Policy ir�tp at Po� �'� ; � � P D - Poticy De�eiopment ; � _ �� • ' ' ` City Administration to Implement . __, _._: �' p ,�'i Pi0)��� �'i0tii11ait���' . .; _ � . , . the Policies and Goals within •-- I�, ' � � �:� i i , the Guidelines and Framework � , ' � -; ; . . � � i ` : } . • Recommended by Commissions & ap- � ; . ,.. , . , � _ r i. � ; f i -'; � i � ' , ' ' � ._. . proved by Council. ' . t- . � i , � _. _ • 1 , ' � , , i , � ' i� �� �; i � r- ' ! i � � �� i � I ' ;� � �� � � � � J t I , � � i , � i �� � �� . � � lua�+tS� � � . �� • , 0'[Al[� . �I� � (�(j�� !� DCLSO U � � . � . �� ��� c. � � �� �� � • r /r•, � � � . ak.��r � �*:r.�» ��. f'���v �.•�•..aa i � c!� ` -'p� � . � .� < ���{{{���, }}} �� OC:rf�w� . � �� ' 0.`fi`�W t� N:c�, �Ci � I�..AJ'�Tf . �wJt/� �.JwTtiq , � � W1�� � �l � �. m � _ 3A ' 0 � ROUGH DRAFT EXERPT �ROM PLANNING COMMISSION MINUTES: MAY 7, 1975 � 5. PLANNING COMMISSION REORGANIZATION STRUCTURE , � � 3C Page 1 Mr. 6oardman asked the Planning Commission to loak at Exhibit B, and said that all the changes they had recommended were underlined. Ne said that when he went through the ordinance he tried to see that everything was consistant. Mr. Boardman said there ��ere some major changes in the Parks & Recreation COfi�ii�SiO�. He said the parayraph on Powers was re��oved, and the City Attorney said that pa.ragraph was illegal, so its just as well it was out. Mr. Boardman said we added "Purpose" to the Planning Commission, Parks & Recreation Commission, and Board of Appeals. He said the Environmenta7 �uali-cy Commission already had this section, and it was included for the new Commissions. The on�y other th�ing trat had been chang�d cor��s�cierab1y was that 4ve added Orga►�izai:ia� to all the Commissions. - Mr. Boardman said the other things that were underlined are either changes in titles or in the nur�ibering system, or ciarification of existing paragraphs. Mr. Langenfeld said the Environmental Quality Commission minutes hadn't , been com��eted yet, but they had made two recommendations. He said one of �he stipulations had been met in that all the Commissions follow the same form, and � the other st7pulation was that i� shou�d be mandatory that each ward be re r se p e nted 1 on each Commission. Mr. Boardman said tha� �he Council fallows that as much as possible now, and we di� state that an attempt be made to have representation �_J � , from each ward. Mr. Dri gans sa i d i t was not a l ways poss i b�l e to fi nd someone i n each ward i�rho was willing to serve. He f�lt that at the Commission level it was important that each member consider what was best for the entire Ci�:y and that it was less significan �j��;-�which ward they came from. He said it was more important that they have a willingness � to serve, the c.�}?abi:l i tyto serve, and the time to serve. He fel t i t was more desirable to find well qualified individuals and as �hey were all volunteers it was more important to f�nd people who would serve the entire City. � � � ROUGH qRAFT 3 D I Exerpt from Planning Commission Minutes May 7, 1975 Page 2 ' Mr. Langenfeld said he did stress that qualifications were important. Mr. Boardman said he was anxious to hav ''� e these changes on the May 12th Agenda '�! ii for the Council as that was the date of the Public Hearing, and he thought th�se j' changes would make it a much better ordinance. � � I�� � Mr. Drigans asked what changes had been made in the Park & R ecreation Comm�ss7or � - �. � , � � � 1 .' � � � � Mr. Boardman said that on page 3 of the first ordinance that starts ou1;, under Scope 1�The Par�sland Recreation Commission shall advise t he Ci�y Manager and City Cvuncil....... ......tha� has a1i been found illegal by the City Attorney, and it was suggested that this be removed. Also under the old ordinance there was a section.:101.04 Power. This section has been changed to read 'Organization'. Everything that was under Pou�er, has been changed to fit into Organization. Mr. Urigans said what happened to the thing about the land, the budget, and what happens to gifts and what have you, was this only Council? hTr. Boardman said this was only Council because the Parks & Recreation Commission does not have the legal authority to do this. Mr. Boardman said the only difference between the othe.r Commissions and Parks & Recreation �ras under Funds:and Annual Report, and Program. Mr. Drigans said tha� in the second paragraphunder Scope in the amended ordinance (Exhibit B) it says "The Parks and Recreatiort Commission shall advise the Ci�y Council, upon a policy review by the Planning Commission, in the development of programs.......... Mr. Drigans said it seemed to him that in the matter of relating to the recreational progra►�s, that the Planning Commission should review those in terms of policy review to see if thQSe_�re the programs in Tong range community planning meet the goals of bur �e�r..eati:onal a���V�'�ies, Mr. Boardman said that this was what that entire paragraph said. The entire paragraph reads�"The Parks and Recreation Commission Sha1T advise tf�e City Council, ugon a poTicy review by the Planning Commission, in the development of programs to give increased effectiveness and direction in implementing established City goals, polic�es and frameti�ork, and recommend actions as needed to provide park and recreational opportunities." What this was doing was that anything the Parks & 0 ' ' Raugh Draft Exerpt from Planning Comm�ssion Minute�s May 7, �975 Page 3 3E Recreation Commission se�s up in implemen�ing goals and recommendations have to ;a be reviewed by the Planning Commission. D1r. Drigans said that under Reports, it '� says that in matters relating to the recreation program, it will go directly to '� Council. Ne felt this was a conflict. Mr. Boardman said that was his mistake. �J �, Ne had quzstioned 4vhether this should be taken out aliogether, since it was being ' covered under Scape. ;; • 'i Mr. Drigans.said he felt the Numan Resources Commission was the weakest part of the reorganization. htr. Qoardn�an said this wouTd be handled in the goals and objectives. He said that everything that would be done would have a human element to it. If you set up a goal in transportion that has a human aspect to ii. How was the gaal that �Frould b� set up on transpar��ation going to affect the c'Icicrly? Will the transportation system developed a11ow ihem to have full use of the metropoiitan area? He said he felt the City needed that Commission in order to provide the �mp�tus as far as the i�uman .element in our community. Mr. Boardman said he though�C Mr. Drigans had made a good point on the Report portion of the Parks & Recreation Commission. Mr. Boardman sa�d he knew the , Plann-ing Commission didn't wanted ta get involved wiih the budgetary process, but the concern of the P�anning Commiss�on was what they were providing through the recreation budget -Fits into the goals and objectives of the community. Mr. Drigans said that maybe the Parks & Recreation are spendi�ng too muc(� money an one group and not enough on another, when it comes to recreational activies. This would not be meeting the broad recreational goals of the community. Mr. Boardman said this would no,t necessarily show up in budgetary reports but in the capital improvement program. Mr. Drigans said the P7anning Cor�mission wouldn't see that. Mr. Boardman said you will�see the Capital Improvement program. Mr. Narris said this wou�dn't tell us if they were spending $100,000 on softball and $5.80 on the hockey program. Mr. Qoardman said he didn't think they would want to ge� invoived in the budget. What should be reviewed by the Planning Commission are the recrea�ional programs, capitol imprcrvements and their facilities. I� � ' � � �J �. �� � 1 ir , � � � � � - 3F ' Rough Draft Exerpi from Planning Commission h1inutes May 7, ]g75 Page 4 Mr. Drigans said that what goes hand in hand with recreational programs, there has I to b� a budget.for those programs, and as the Planning Commission reviews the I overall scope of the recreational �� programs to see if ihey meet the long range goals, of the cammun�ty, they should know if there was ioo much money going into some programs because of special int�rests. Mr. Boardman said this would show up in Capi•tal Improvements. Mr. Drigans said no, this was land acquisition and facilitie� and that won't�tel] �s �vhat was being spent on the different programs. He said that wou7dn't tell us how much was being spend for softball umpires versus basketbal referees, f�r instance. Mr. Boardman said this was a good point. How did the Planning Commission want to reword this? Mr. LindbTad said that if we yo� �nvUlved with this, I�ow wou'Id we know what was adequate or inadequate? h1r. Drigans said it would be through exper9ence and a time cycle. If we review this from period to period we can te11 b,� comparison, Mr. Narris said that if the Park budget was $450,000 and $400,000 was being spent on a touch football prognam, you would know there was something out of propo�tion. Mr. Drigans granted that t.her� were some recreational programs that cost more than others. Mr, LindbTad said he still felt that they wouldn't know enough about this to make a recomm�ndation. Mr. Harris said that maybe they wouldn't know how much� it should cost for a hockey program, for instance, but we would be in a position of asking them to justify the money spent on different programs. Mr. Qoardman said he didn'� think they should get so much into the dollar figure. We are going to be setting up goals and objectives for recreation and through those goals and objectives if you fee7 that�too much was being done in one area, and not enough in another, you can say that too much emphasis was being place�i on one program and not on another. Mr. Dr�igans said that the P]anning Commission wcuid like to know the money being spent on various programs, not to give approval or disapproval of the money being spent, it was just to use it for a yardstick.to weigh against other recreational programs. Mr. Boardman said you want to know wha� recreational 3G ROUGH DRAFT . . Exerpt from Planning Commission P�inutes May 7, 1975 Page 5 programs being pravided and what facilities are used for these programs. Mr. Drigans said they would want to determine if the amount spent on any program ��aas justified ���X����������X�� by the partic�pation of residents of Fridley, or are tax dollars going for facilities for people who live outside ihe community. Mr. Drigans said they just want to review the budget in terms of par��icipation. Mr. Boardman said they could leave Annual Reports out of the Parks & Recreation Commission and change Report to read the same as the Environmental Quality Commission. Motion by �rigans, seconded by Lindblad, that the Planning Commission recommend to Council Exhibit B as amended, with ihe changes made in the amended Exhibit B as discussed at �his meeting. Upon a vo�ice vote, all voting aye, the motion carried unanimously. Note: Exhibit B includes all the changes recommended by the Planning Commission from the previous meeting and the meeting of May 7, 1975. ' � 1 ORDINANCE N0. EXHIQIT 6 IAN ORDINANCE ESTAE3LISHING CERTAIN COMMISSIONS fOR TNE CITY OF FRIDLEY, MINNESOTA WHICH Sf�ALLCONSIST OF THE FOLLOLJING: PLANNTNG COMMISSTON (CHAPTER 201)> PARY.S /lND RECRE/1TION COP�1i��ISSION (CHAPTER 101 ), ENVIRO�di�IENTAL QUALITY ''� i COf�MISSION (CHf�PTER 121 ), HUi'-1AN RESOURCES COf�MISSION (CHAPTER 122), APPEALS C0��1f�1ISSI0N (SECTION 205.1&), ANO COMMUNITY DEVELOPMENT COMMISSION (CHAPTER 216); AND REPEALIP�G ALL PRIOR CHI�PTERS AND SECTIO�dS (GHAPTERS fi1101, #121, � �t201, SECTION �'215.18 AND CHAPTER �20�3). CHAPTER 201. PLA�lNIPJu COMMISSION . 241 . O1 Ti tl e There is hereby created a Planning Commission for the City of Fridley, Minnesota. 201.02 Purpose TITLE The Planning Commission is established to promote the systematic and PURPOSE continuing application of organized kno��rledqe and foresiqhc in the �ursuit of clearl;� defined and properly related goals and objectives in order to create an incr�asingly better, more healthful, convenient, efficient and attractive environment. 201.03 Scope . — � The Planning Commission shall serve in an advisory capacity to the SCOPE City Council. Problems shall be referred to the Planning Commission by the Gity Council, City l�dministration or Chairmen of �he member �Commissions, and may be assigned to tne member Commissions for detail�d study ard recommendations as required. All reco;��mendations by the Planning Commission shall be made to the �ity Council. , �. The Planning Commission is charged with responsibility fior continuous . community planning and �evelopmeni: of comprehensive goals and policies, including but not limited to, land use, housing, environ�l�ent, parks ' and recreation, public services, human resources, and other related community actiuities. , ' � The Planning Commission shall advise the Cii;y Council in the deve'lopment of programs to give increased effectiveness �nd direction in imple- menting established City goals, policies and framework and recommend actions needed to carry our planning responsibility. 201.04 Membership 3H � 7he Planning Commmission shall consist of �:he Chairman of the MEM6ERSl-!IP Community Development ComEnission, the Chairrnan of the Parks • and Recreation COlilflll SS1011 � the Chai rman �f the Appeal s Commi ssion, ' the Chairman of the Environrnental Quality Coiiunission and the Chair- man of the Human Resources Commission. ' II .� � Ordinance No. ' Chapter ZO1 Continued. _2_ ' The Chairman of the Community Development Commission shall also serve as the ChairiT�an of the Planning Commission. , The Planning Comr�ission members serve as Chairmen of the member Commissions and are appoini:ed according to provisions outlined in the . Ordinance establishing each of the member Commissions. �� ' � ' The Planning Commission shall each year, from their own numbers, choose a Vice-Chairman. At.any meeting of the Planning Commission, if the regular Chairman is unable to attend, ihe Vice-Chairman shall act in his place. - 201.05 Vacanc .11acancies�in the Planning Commission are outlined in the provisions of the Ordinance establishing each of the rnember Commissions. 201.06 Orqanization VACAN�Y 1. Following the appointment of inembership, the Commission shall ORGANIZATION �� meet, organize and e7ect any off�cers, except chairman, as it deems des�rable. ' 2. Adopt rules for its meetings and the transaction of its business, in order to fulrill the responsibil_ities of the Commission. � 3. 7he Chairman shall responsibilities: � � ' , , � ' � � � assure the fulfillment of the followi a. Call and preside over the meetings of the Commission. _ _.-- b. Appear or appoint a representative to appear, if deemed necessary, before the C�ty Council or any City Commission perta�n�nq to matters tA�ithin th� scope of the Comniission. c. Provide liaison with other qovernmental and cit�zens' roups pertaininq to matters within the scope of the Comrn�ssion for the purpose o7- timely and relevant information for consideration � the Com;�}ission. 201.07 Administrative Staff The City Manager shall assign one member of the Administra�ive Staff to serve as secr�tary to the Coil�mission. The secretary shall perform only such clerical duties on behalf of the Commission as may be assigned by the Chairn�an with the consent of the City Manager. � Additional advisory staff shall be assigned.to the Commission by the City h1anager within the restraints of the adopted general fund budget. The Administrative Staff shall be limited to the Commission level unless specifically approved by the Cit Council. 0 ADMINISTP,ATIVE STAFF � � Ordinance No. � CHAPTER 201 Continued. -3- ' 201.0� Campensation . , The member of the Planning Commission shall serve without pay, but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. � � ' � � 201.09 Reports The Commission shall make such reports as requested by the Ci Council. 201.10 Meetinc�s ��.��►����•��� The Planning Commission shall meet twice monthly and more often as needed. The member Commissions shall meet as directed by the Planning Commission and at their ovan discretic�� as necessary to fulfill the responsibilities of the member Com��:ission. All meetings shall be open to the public. hiinutes shall be kept of all Planning Commission and member Commission's meetings. Findings and recommendations shall be transmitted by the respective Chairman to the Planning Commission and from the Planninq Commission to the City Council. ' ' � � - REPORTS MEETINGS I�HAPTER 101. PARKS AND RECREATION COM�ISS�ON 101.01 Tit1e a � There is hereb created a Parks and Recreation Commission for the TITLE Y • City of Fridley. The Commission shall consist of five Fridley , �^esidents, appointed by the City Council 101.02 Purpose � The Parks and Recreation Commission is established to promote the PURPOSE �stematic comprehensive development of park facilities and ' recreational activies necessary for the pi�ysical, mental, emotional, moral health and well bei�g of the residents of the c;ty of Fr�`dl �• , � � 101.03 Scope The Parks and Recreation Commission shall act as an advisory Commission to the Planning Commission for continuous community planning and development of comprehensive goals and policies. Any change in related communii:y planning and comprehensive City qoals and policies must be reviewed by tl�e Planning Commission :..Whd will then make recommendations to the City Council. ' SCOPE .' The Parks and Recreation Commission shall advise the City Council, upon a policy review hy the Plannin� Commission, in the development of progran�s to give increased effectiv�ness and direction in imple- menting establisiled City goals, policies and framework, and � � recommend actions as needed to provide park and recreational � opportunities. � �� ` Orainance No. Chapter 101 Continued. , 101.04 Membership -4- 0 7he Commission Chairman shall be appointed by the City Council and shall also serve as a member of the Planning Commission. The commission shall consist oi' five members, all members shall be appointed by the City Council for three year terms, except the City Council shall stagger the appointments so that the terms of no more than two members shall expire in any one year. Attempt shall be made to have all City �,rards represented on the Cammissian. Upon the expiration of their tei�ms of office, members shall continue to serve until their successor shall have been appointed. The Commission shall each year, from their own numbers, choose a Vice Chairman. At any meeting of the Commiss�on, if the regular Chairman is unable to attend, the Vice-Chairman shall act in his place. � 101.05 Vacancy MEMQERSHIP Commission members may resign or be removed from office by a VACANCY majori�;y vote of the City Council. Attempi shall be made to have all City wards represented on the Commission. The Commission member� appointecl to fill any vacancy shall serve for the remainder of the vacated term. � ' 101.06 Organizai;.ion � 1, Following the app ointment of inembership, the Commission shall � � meet, orc�anize and elect any officers, except cha�rman, as �t deems desirable. ' ' � ' � 2. Ado-t rules for its meetings and the transaction of its business, in or-der to fuifill the responsibilities or the Commiss�on. 3. The Chairn�an shal) assure the fulfillmeni of the followin responsibilities: a. Call and preside over meetinqs of the Commission. b. �tppear or a��oint a representai:ive to appear, if deemed necessary, before the Cit,y Cauncil or any City Commission pertaininq to it�atters wii:hin i:he_scope of the Commission. : c. �'rovide liaison with other governmental and citizens' groups pertaining to matters within the scope of the Commission for the ur ose of timely and relevant information for consideration � the Commission. ]O1.07 Program j' The Conunission shall each year, prior to June 1, prepare a cap'ital improvements program for parks improvement and acquisition and�for , public recreation act�vities for the ensuing year. , ' � ORGANIZATION PROGRAM � � Ordinance No. Chapter 101 Continued. , , • lO1.OB Administrative Staff � -5- The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Com��ission. The secretary sha11 perform only such clericai duties on behalf of the Commission as may be assigned by the Chairman and with the consent of the City Manager. Additional advisory staff shall be assigned to the Commission by the City Manager within the restraints of the adopted general fund budget. Administrative Staff shall be limited to Commission level unless specifically approved by the City Cocmcil. 101.�9 Project Committees ADMINISTRATIVE �The Commission may establish special project committees to further PROJECT the objectives of the Commission and provide for greater citizen COMMITTEES participation. Such project committees shall �e appointed by the , Commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the discretion of the Commission. The project committee shall be chaired by a member of the Commission. 101.10 Compensation The members of the Commission shall serve without pay, but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. COMPENSATION 10i.11 Funds For the purpose of financing the parks and recreation program FUN�S �uthorized b�� this chapter, the accounting shall be ihe responsibili�y of the treasurer of the City. The Commission shall be authorized to establish charges or fees for the restricted use of any facility or to make any phase of the recreation program wholly or partiaily self-sustaining. Any employees who handle cash in the process of collection shall be bonded. � 101.12 Reports The Commission shall make such reports as requested by the City REPORTS Council or Planning Commission and shall prepare an annual report of its activities. � 0 f � . ., � Ordinance No. ' Chapter 101 Continued. � � I� L__I, � � L �_� � � � i 101.13 Meetings � Meetings shall be called by the Chairman and.shall be held as Mttilivu� necessary to fulfill the responsibilities of the Commission. All meetings of the Commission shall be open to the public. Minutes shall be kept of all meetir�gs.' Fir�dings and recommendations shall be trans- mi�t°d by the Commission Chairman to the �lanning Commission and from the Planning Commission to the City Council. Cf�APTER 121 ENVIRONC�IE�lTAL QUALITY COI�IMISSION 0 �21.01 Tit�e This organizatic,n shall be known as the Environmental Quality Commission of the City of Fridley. 121.02 Purpose The Commission is established to stimulate interest in, and to promote an awareness of, environmental concerns among citizens of the City of Fridley; to serve as resource agency to the City on matters regarding the environment, including information on environ- mental problems, la�vs,policies and regulations of the county, metropolitan, state and federal levels to the extend of their effect on Fridley; and to advise the City Councii, the City Manager and other appropriate City Commissions on matters pertaining to the maintenance or improvement of the environment, including the revie��r and recommendation of programs and policies within the City. . 121.03 Scope The Environmental Quality Commission shall act as an advisory Com- mission to the Planning Commission for continuous community planning and development of the con�prehensive City goals and policies. Any change in related community planning and comprehensive City goal.s and policies mus� be reviewed by the Planning Commission who will then make recommendai.ions to ihe City Council. TITLE PURPOSE SCOPE The Environmental Quality Commission shall advise the City Council, upon a�o�icy review by: the Planninq Commission, in the development _po of programs to give increased effectiveness and direction in imple- menting established City goals, policies and framework and recommend actions as needed r•elevant to the environment. � 121.04 P4embership ' The Co.mmission Chairman shall be appointed by the City Council and shall� also serve as a member of the Planning Commission. � The Conunission shall appointed by the City Council sha]1 stagger � consist of five members; all members shall be Council for three year terms, excepi: the Ciiy the appointments so that the terms of no more MEMQERSHIP � Ordinance No. � � � � Chapter 21 Continued. _�_ than two members sha11 expire in any one year. Attempt shalT be made to have ail City wards represented on the Commission. Upon the expiration of their terms of of�ice, members shall continue to serve until their successor shall have been appointed. The Commission shail each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Commission, if the regular Chairman is unabie to attend, the Vice-Chairman shall act in h�s place. 121.05 Vacanc �� Commission members may resign or be removed from office by a VACANCY majority vote of the City Council. Ai�empt shall be made to have all City wards rPpresented on the C�mmission. The Commission member appointed to �il( any vacancy shall serve for the remainder of the � vaeated term. � � .� � � � � , � I � � 121.06 Organization The Chairman shall assure fulfillment of the following responsi- bilities in addition to those otherwise described herein: 1. Cail and preside over meetings of the Commission. 2. Appear, or appoin� a representative 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 related to the business under consideration by said Commissian or Council. 3. Provide l.iaison �•aith other governmental and citizens' groups in matters concerning the environment for. the purpose of obtaining timely and relevant information for consideration by the Commission 121.07 Administrative Staff The City Manager shall assign one member of tiie Administrative Staff to s�rve as secre�ary to the Commission. The secretary shall perform only such clerical duties on behalf of the Commission as may be assigned by the �hairman.with the consent of the City Manager. Additional advisory staff shall be assigned to the Commissio�� by the City �1anager within the res�raintsof the adopted general fund budget. 7he Aciministrative Staff shall be limited to Conm�ission level unless specifically approved by the City Counc�l. 121.08 Project Committees 3 id ORGANIZATION ADP�Ii;VISTRATIVE STAFF The Commission may establish special project committees to further PROJECT the ot�jectives of the Commission and provide for greater. citizen COMMITTEES participation. Such project committees shall be appointed by the Commission for special projects and shall cease to exist when their activies are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the discretion Ordinance No. ' -8' • � � � . � Chapter 121 Continued. , i of the Commission. The project committee stiall be chaired by a member of the Commission. � � 121.09 Compensation The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds �here�fore are provided in the adopted general fund budget. 121.10 Reports The Commission shall make such reports as requested by the City Council or Planning Commission and shall prepare an annual report of its activities. 121.11 Meetings Meetings shall be calied by the Chairman and shall be hel.d as necessary to fulfill the responsibilities of the Commission. All meetings of the Commission shall be open to the pub3ic. Minutes shall be kept of all meetings. Findings and recommendations sh�ll be transmitted by tfie Commission Chairman to the Planning Commission and from the Planning Commission to the City Council. CHAPT'ER 122. HUMAN RESOURCES COMMISSION 122.01 7itle This organization shall be known as the Human Resources Commission of the City of Fridley. , 122.02 Purpose 30 � COMPENSATION REPORTS MEETINGS TITLE The purpose of the Commission is to promote intensified communi- PURPQSE cation and protection af just and equitable rights among all resi- dents of the community; to promote harmonious relationships among people of all races, religioris, etf�nic group�, social/economic status, ages, gender, physical, mental and emotional disabilities and diverse l.ife styles; to promote understanding and equal opportunity in employ�»ent, housing, public accommodations, and public, cultural and educational services; and full participation in the affairs of the City of Fridley. 122.03 Scope - The Human Resources Commission shall act as an advisory Commission SCOPE to the Planning Commission for continuous coinmunity planning and development of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be t'evie�veti by the Planning Conimission'who'will then make , .reconnnendations to the City Council. . � v � �rdinance No. "9" hapter 122 Continued. � s urces Commissien shall advise the City Council, � The Human Re o � u an a��lic�! rev�ew b,� the Pianninq Commissicn, in the devel- opment of programs to give'ii�creased effiectiveness and direction � in implementing established City goals and policies and recommend actions as needed f:o provide equal opportunity in the community. � 122.04 Membership The Commission Chairman shall be appointed by the City Council and shall also serve as a member of the Planning Commission. The Commission shall consist of five members, all members shall be appointed by the City Counci i for ':';�'ee year terms, except the City Council shall stagger the appoint�ents so that the terms of no more than two mem',ers shall expire in any one yea�. Aitempt shail be made to have ail City wards represented on the ��mmission. Upon the expiration of ii�eir terms of office, members shall continue to serve until their successor shall have been ap��inted. � The Comrnission shall each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Comm�ssion, if the regular � Chairman is unable to attend, the Vice-Chairman shall act in his � place. 122.05 Vacancy MEMSERSHIP � VACANCY � Commission members may resign ar be removed from office by a majority vote of the City Councii. At�empt sha11 be made to have all City wards represen�ed on the Commission. The Commission member � appointed to fill any vacancy 'shall serve for the remainder of the vacated term. � - � � � � . i � 122.0G Administrative Staff P � t The City �lanager shall assign one member of the Administrative Staff ADP�INISTRATIVE to serve as secretary to the Commission. The secretary shali perform STAFF anly such clerical duties on behalf af the Commission as rnay be assigned by the Chairman with the consent of the City Manager. Additional advisory staff shall be assigned to the Commission by the City Manager within the restraints of the adopted �eneral fund budget. The Administrative Staff shall be limited to Commission ie�iel unless specifically approved by the City Council. 122.07 Project Committees - The Commission may establish special project committees to further PROJECT the objectives of the Commission and provide for greater citizen COMMITTEES participation. Such project committees shall be appointed by the Commis5ion for special projects and shall cease to exist when their activities are con�pleted. The quali�ications for membership, compo- sition and duties of such project committees shall be at the discretion of the Commission. The project committee shall be chaired by a member of the Commission. f �Ordinance No.________�: � �Chapter 122 Continued. � ' � . �. 122.08 Compensation -10- The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 122.09 Reports The Commission shall prepare such reports as requested by the Cii;y . Councii or Planning Commission. � � 122.10 Meetings 0 COMPENSATION REPORTS Meeting shall be called by the Chairman and shall be held as neces=. MEETINGS sary to fulfill the responsibilities of the Commission. All me�tings of the Commission :�hall be open to the public. P�linutes shall be kept of all meetings. Findings and recommendations shall be transm�tted by the Commission Chairman to the Planning Commissicn and from the Planninc� Commission to the City Council. SECTION 205.1& APPEALS CO��IMISSION AND VARIANCES � 205.181 Creation of Appeals Commission , � r � I � � 1. Ti_tl e The Council hereby creates an Appeals Commission to serve as the TITLE Board of Appeals and Adjustments and to exercise all authority and _ perfarm all functions of said Board pursuant to Minnesota Statutes 462.351 and 462.364 ' i � Purpose The Appeals Commission is established to provide a process bY which PURPOSE �h�ublic may appeal an ordinance for reasons_of exce tional circum- stances a�i�en strict erforcen�ent i��uld cause undue hardship and strict �conforin7 ty—of the stundards_�•JOUI_d__be unreasQn�bl��nd--imP . not feasible under �Lhe circumstances. ,� Scope a. The Appeals Commission shall act as an advisory Commission SCOPE to the Planning.Commission �or continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and cornprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. b. The Commission shall have the po��er and duty of hearing and recommending to the City Council, upon a policy review b the Planning Coirmission, as herein provided, appeals or request in the fol]owing cases: � � � Ordinance No. �Section�205.181 Continued. � 1. Appeals urhere it is alleged that there is an error in , any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter or of the Uniforn� Eiuilding Code. � � � 2. Requests for variances or of the Uniform Building Code from ihe literal provisions of this chapter in instances where strict enforcement would cause undue hardship because o�F c�rcumstanc�s unique to the individual proper�ty under con- sideration. � In recommending a variance, the Commission, and the Council on approval, may impose conditions,to ensure compliance and to proiect aajacent properties. � � � 4. Membership The Commission Cha��ma.n shall be appointed by the City Council and MEMQERSHIP � , shall also serve as a member of th° Planning Commission. The Commission shall consist of �ive members, all members shall be appointeci by the City Council for three year terms, except the City Counc�l shall stagger the appointments so tt�at the t�rms, of no more than two members shall expire in any one year. Attempt sha�l be made to have all City tiaards represented on the Comm�ssion. Upon the expiration of their ierms of office, members shall continue to serve until their successor shall have beeri appointed. The Commission shall each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Commission, if the regular Chairrnan is unable to attend, the Vice-Chairman shall act in his place. � 5. Vacancy Commission members may resign:or be removed from office by a VACANCY majority vote of the City Council. Attempt shall be made to have all Ci�y wards represented on the Commission. The Commission member appointed to fiil any vacancy shall serve far the remainder of the vacated term. � 6. Qrgan�zation � F�ll�np�j���qintm�ni- of inembership the Commission shall ORGRNIZATIOP� � ,meet, orqanize and elect any afficers, except chairman, as �t deems _desirable. � � , - �., 1��nnt ru1PS for i�� meetin qs and �he transaction of its business, jn order to _f.ul_fill�h.e�es�onsibilities of the Commission. 3. The�C airman shall assure the fulfillment of the following responsi- : ilitie . a. Call and preside over meetings of the Commission. b• Ap_pear or_appoint a representative to appear, if deemed � Ordinance No. -12- � Chapter 205.18i Continued. � necessary, befor� the Cit _ Council or any City Commission ertairiinq to matters ���itl�in the scope of the Commission. � � � � � , � �� 1 , � � � t- �J � � c. Provide liaison with other governmental and citizens' �roup�ertaininq to matters within the scope of the Com- mi�ssion.for the purpose of obtaining timely and relevant in- � formation for consideration by the Commission. 7. Administrative Staff The City Manager shall assign one member of the Administrative Staff ADMINISTRATIVE to serve as secretary to the Commission. The secretary shall perform STAFF only such clerical duties an behalf of the Commission as may be assigned by the Chairman with the consent of the City Manager. Additional staff shall be assigned to the Commission by the CitY Manager within the . restraints of the adopi:ed general fund budget. The Administr•ative . Staff shall be li�ited tc Commissicn level unless specifically app roved by the City Council_. � 8. Project Committees The Commission may establ�sh special project committees to further PROJECT the objectives of the Commission and provide for greater citizen COM�IITTEES participation. Such project committees shall be appointed by the Commission for special projects and shall.cease to exist when their activities are compieted. The qualifications for membership, compo- sition and duties of such project com�7iittees shall be at the discretion of the Commission. 9. Compensation . The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are pravided in the adopted general fund budget. 10. Reports The Commission shall prepare such reports as requested by the City Council or Planning Commission. � ' 11. Meetings COMPENSATION REPORTS Meetings shall be called by the Chairman and sha11 be held as neces- MEETINGS sary to fulfill the responsibilities of the Commission. All meetings of the Commission shall be open to the public. Minutes shall be kept of all meetings. Fir►dings and recommendations sha�l be transmitted by the Commission Chairman to the Planning Conunission and from the Planning Con�mi ssi on to the Ci ty Counci 1. � � �rdinance No. 205.182 Petition by Owner -13- At ��ny time within thirty days, any property owner who deems himself aggrieved by an alleged error in any order, requirement, decision or detersninaLion made by an administrative offiee in the enforce- ment of this chapter which affects his property, may appeal to the Commission by filing a written appeal with the City Manager. The appeal shall fully state 1;i�e order appealed from the facts of the matter, and also the mailing.address of the owner. 205.183 Recommendation by Appeals Commission Within thirty (30) days after filing an .appeal from an administra= tive order or determination, the Commission shall set a date for hearing thereon and shall hear such persons as want to be heard, either 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 person or pe:sons who file the appeai. 4lithin a reasonable time, after the hearing, the Appeals Commission shall make its recommendation and forward a copy o�f such recommendation to the City Co«ncil. ' � 205.184 Record of Action Taken The Appeals Commission wh'ich shall include the recommendations made on recommendation. 205.185 Variances PETITION BY OWNER RECOMMENDATIOhd BY APPEALS COMMISSION shall provide for a record of its proceedings, RECORD OF minutes of its meeting, its findings and the FiCTION TAKEN each matter heard by it, including its final The Commission may recommend var~iances from the strict application VARIANCES of the provision of �his chapter and impose conditions and sa€e- , guards in the variances so gran�ed in cases where there are practieal difficulties or particular hardships preventing the sirict application of the regulations af this chapter. An application for a variance shall be filed with �he zoning administrator and shall state the exceptional conditions and ihe peculiar and practical difficulties claimed as a basis for a variance. . 205.1�6 Action of the Council The Council shall at its next regular meeting after receivirig the. recommendation of the Appeals Commission with the review by the ,�lanninq 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 variar�ce sha11 not have completed the work as permitted by the variance, �;hen such variance shall become null and void unless a petition for extensian of time in which to complete the work has been granted by the Comi»ission. Such extension shall be requested in t�rr�ting ai�d filed with the City Manager at least twenty (20) days before the expiration of the original variance. The request for ex- ACTION OF THE. COUNCIL LAPSE OF VARIANCE BY NON-USE T ' Ord.i nance No. �-14- 205.187 Continued. � ' tension shall state facts showing a good the work permitted in the variance. Such to the Appeals Con�mission for hearing and ' as the original request for variance. faith attempt to'complete petition shall be presented decisio» in the same manner , CHAPTER 216. COMMUNITY DEVELOPMENT C0�IMISSION 2i6.01 Title ' This Commission shall be known as the Community Development Coromission for the City of Fridley ' ' � , � � 1 � ' ' ' ' 216.02 Purpose The Commu�ity Development Commission is establ�shed to promote and maintain high quality community standards to ensure a well balanced and orderly deveiopment, rehabilitation and redeve]opment of the City of Fridley; including, but not limited to economic development, industrial and commercial development, housing, transportation services, public utilities, community development projects, and other related development activities. - 2i6.03 Scope The Community Development Commission shall act as�an advisory Coinmission to the Planning Commission for continuous comm��nity planning and development of the comprehensive City goals and policies-. Any change in related community planning and compre- hensive City goals and policies must be revieGVed by the Planning Commission who will then make recommendations to the City Council. The Corrm�unity Qevelopment Commission shall advise the City Council, upon a policy review by the Planning Commission, in the development of programs to give increased effeetiveness and direction in imple- menting establisned City goals, policies and framework, and recommend actions as needed relevant to the physical development of the City. 216.04 htembership ?he Commission Chairman shall be appointed by the City Council and shall also serve as a member of the Planning Commission. The Commission shall consist of five members, all members shall be a�pointed by the City Council for three year terms, except the City Council shall stagger the appointments so that the terms of no more than two 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 office, members shall continue to 8er.ve until their successor shall have been appointed. The Commission shall each y,ea.r, from their own numbers, choose a Vice-Chairman. At any meeting of the Commission, if the regular Chairnian is unable to attend, the Vice-Chairman shall" act in his place. TITLE PURPOSE SCOPE MEMBERSHIP 3U '� • . . . . �„� ,.� ,, ' Ordinance No. Chapter 216 Continued. � , 216.05 Vacancy -15- � Commission members may resign or be removed from office by a majority VACANCY ' vote of the City Council. Attempt shall be made to have all City wards represented on the Commission. ihe Commission member appointed to fill any vacancy shall serve for the remainder of the vacated term. , ' '� . ' 216�06 Organization Following the appointment of inen�bershi the C e, oryan�ze an e ec1; any officers, except chai sira e. � 1. 2. Adopt rules for its meetings and the transactio in o`r e`r�o u� e respons� it�es of t� 3. The Chairman shall assure the fulfillmeni; of respons��6'il i ies: fo 0 ' a. Call and preside over meetings of the Commission. � b. Appear or appoint a representative to appear, if deened ' necessary, e ore e� y ounc� or any City Commissi n _ �n e scope o the Commission. ' ' '1 ' �_ 1 c. Provide liaison with other qOVernm�nt�l and citi�e 's group per aining to matters within-the ss��hQ ��mmission ror �he purpose of obtaining time7y and relevant inf�rmation for consid- ' n e .ommisSlOn. 216.07� Adminisirative Staff � The City Nlanager shall ass�gn one member of the Administrative Staff to serve as secretary to the Commission. The secretary shall perform onl;� such clerical duties on behalf of tne Commission as may be assigned by the Chairman with the cansent of the City Manager. Additional advisory staff shall be assigned to the Commission by.the City Manager within the restraints of the adopted general fund budget. The Administrative Staff shaii be limited to Commission level unless sPecifically approved by the City Council. �16.08 Project Committees � 3V ORGANI A� ADMINISTRATIVE STAFF The Commiss�on may establish special project committees to further PROJECT the objectives of the Gommission and provide for greater citizen COMMITTEES � participation. Such project committees shall be appointed by the Commission for special projects and shall cease to exist .wiien their activities are completed. The qualifications for membership, compo- Sitiori and duties of such project committees shall be at the�discretion of the Commission. The project committee shall be chaired by a member of the Commission. ' . n Ordi nance No. -] 6- . ' Chapter 216. Continued. . � � � 216.09 Compensation • � - 3 �J 7he members of the Commission shall serve without pay but may be COMPENSATIQ;u reimbursed for actual expenses if funds therefore are provided in ' the adopted genera] fund budget. 216.10 Reports ' The Commission shall prepare such reports as requested by the REPORTS ._ City Council or the Planning Commission. � � 216.11 Meetings -Meetings shall be call�d by the Chairman and shall be held as neces= f�1EETINGS ' sary to fulfill the responsibilities of the Commission. All meetings �of the Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted � '. by the Commissian Chairman to the Planning Commission and from tne � Planning Commission to the City Council. � ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � , 1975. ' IATTEST: � - CITY CLERK - MARUIN C. BRUNSELL ' First Reading: .Second Reading: Publish....... .' . � ' � ' MAYOR - WILLIAM J. NEE I , , • � � � 4 ORDINANCE N0. AN ORDINANCE ESTAQLISHING CERTAIN COMP�ISSIUNS FUR THE CI7Y OF FRIDLEY, IIINNESOTA WHICH SNALL CONSIST OF TNE FOLLOWING: PLANNING COMMISSI4N (CHAPTER 201), PARKS AND RECREATION COMMISSION (CHAPTER 101), ENVIP.ONMENTAL QUALITY COMMISSI�N (CHAPTER 121), HUMAN RESOURCES COMMISSION (CHAPTER 122), APPEALS COMMISSION (SECTION 205.18}, AND COP�1f�1UNITY DEVELOPMENT COMMISSION (CHAPTER 216); AND REPEALING ALL PRIOR CHAPTERS AND SECTIONS (CNAPTERS #101, #121, #201, SECTION #205.18 AND CNAPTER ,#208) THE.CITY OF FRIDLEY DOES ORDAIPd AS FOLLOWS: CHAPTER 201. PLANNING COMMISSION 201.01 Creation There is hereby created a Planning Commission for the City of Fridley,' CREATI0�1 Minnesota. 201.02 Membership The Planning Commission shall consist of the Chairman of the Community Development Commission; the Chairman of.the Parks and Recreation Commission, the Chairman of the Appeals Commission, the Chairman of the Environmental Quality Commission and the Chair- man of the Human Resources Commission. The Chairman of the Community Developn�ent Commission shall also serve as the Chairman of the Planning Commission. , These Chairmen serve as representatives of the member Commissions and are appointed according to provisions outlined in the Ordinance establishing each of the member Commissions. The Planning Commission sha11 each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Planning Commission, if ihe regular Chairman is unable to attend, the Vice-Chairman shall act in his place. 201.03 Vacancy Vacancies in the 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 Plarining Commission by the City Council, City Administration or Chairmen of the member Commissions, and may be assigned to the member Commissions for detailed study and recommendations as required. Al1 recommendatior�s by the Planning Commission shall be made to the City Council through the City Manager. MEMBERSHIP VACANCY SCOPE 0 Ordinance No. Chapter 201 Continued. -2- The Planning Commission �s charged with responsibility for continuous community planning and development of comprehensive go�ls and policies, including but not limited to land use, housing, environ- ment, parks and recreation, public services, numan resources, and other related community activities. The Planning Commission shall advise the City Council in the develop- ment of programs to give increased effectiveness and direction in implementing established City goaTs, policies and fram2�york and recommend actions needed to carry out planning responsibility. 201.05 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 assigned by the Chairman with the consen� of the City Manager. Additional advisory stafr �1�ay be assigned to the C�mmission by the City Manager within the restraints of the adopted generalfund budget. The Adminisi�rative Staff shall be limited to the Commission level. 201.06 Compensation The members of the Planning Commission shall serve without pay, but may be reimbursed for actual expenses if funds therefore are. provided in the adopted general fund budget. 201.07 Meetings , The Planning Commission shall meet twice monthiy and more often as rteeded. The me�i�ber Comm7ssions shal� meet as directed by the Planning Commission and at their own discretion as necessary to fulfil.l the responsibi]ities of the member Commissions. Minutes shall be kept of all plannir�g Commission and member Commission's meetings. Findings and recommendations shall be transmitte.d by the respective Chairman to the Planning Commission and from the Planning Commission to the City Council. ' 4� A ADMINIS- TRATIVE STAFF COMPENSATION MEETINGS , CHAPTER 101. PARKS AND RECREATION COMMISSION � . 4 B � ' � �� �� , 10�.Q1 Creation There is hereby created City of Fridley. The residents, appointed by 101.02 Membership a Parks and Recreation Commission for the Commission shall consist of five Fridley the City Council. The Commission Ci�airman shail be appointed by the City Council and shall aiso serve as a member of the P7anning Commission. The Commission shall consist of five members, all members shall be appointed by the City Council for three year terms, except the City Council sha11 stagger the appointments so that the terms of no more than t�vo 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 office, members shall continue to serve until their successor shall have.been appoin+ed. � __-- The Commission shall each year, from their own numbers, choose a � Vice-Chairm�n. At any meeting of �he Commiss7on, if the regular Chairman is unable �o attend, the Vice-Chairman shall act in his place. _-, �J � � ' �J u , L� � ' ' CREATION MEP+IBERSHI P Commission members may resign or be removed from office by a VACANCY majority vote of the City Council. _Attempt shall be mac�e to have all City wards represented on the Commission. The Commission member appointed to fill any vacancy sha11 serve for the remainder of the vacated term. 101.03 Scope 7he Parks and Recreation Commission shall act as an advisory Commission SCOPE to the Pianning Commission for continuous community planning and development of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission wha wi11 then make recommendations to the City Council. The Parks and Recreation Commission shall advise the City Manager and City Council on operation of a program of parks, playgrounds, and public recreation. If any pari of the public recreation program of the community is administered directly hy any public or private ager.�Y other than the City, the Commission shall negotiate - cooperative agreements with any such public or private agency for the purpose of coordinating all the activities and facilities in- cluded in such puhlic recreation program. The Commission may make use of public property assigned to, or of private property leased or otherwise made available for public recreational use. Upon recommendation of the Commission, the Council shall determine what land is to be acquired for recreational purposes, what land the Commission shall be permitted to use in carrying on its recreational program, and what buildings or other permanent structures ar°e to be constructed upon such 1and. 7he Commission sha]] advise the City Council upon such matters and shall organize and review the operation of facilities made available to it for recreational purposes, but it shall have no authority to acquire land in its own name or without the cansent of- the governmental unit in whose name such land is to be acquired. Ordinance Na. -4- �C Chapter 101 Continued The Parks and Recreation Commission shall advise the City Council in the development of programs to give increased effectiveness and direction in implementing established City goals, policies and framework, and recommend actions as needed to provide park and recreational opportunities. ��. �4 Program The Commission shall each year prior to June 1, prepare a capital improvements program for parks improvement and acquisition and for public recreation activities for the ensuing year. Such budget shall be submitted not later than June l.to the City Manager. The Commission shall not itself levy taxes or borrow money; and it shall not approve any claims or incur any obligations for expenditur•e. 101.05 Administrative Staff The City Manager sha71 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 assigned by the Chairman with the consent of the City Manager. Additional advisory staff may be assigned to the Commission by the City Manager within the restraints of the adopted general furid budget. Administrative Staff shall be limited to Commission level. 101.06 Project Committees 7he Commission may establish special project commTttees to further the objectives of the Commission and pravide for greater citizen participation. Such project commit�ees sha11 be appointed by the Commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sitiori and duties of such project comrnittees sha11 be at the discretion of the Commission. 7he {�roject comi�attee sha11 be chaired by a member of the Commission. PROGRAM ADMINIS- TRATIVE STAt= F PROJECT COM�HITTEES � � ' Ordinance No. Chapter 101 Continued 101.07 Compensation -5- The members of the Commission shall serve without pay, but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 101.08 Reports In matters relating to the recreation program, personnel and finances, advisory reports shall be made directly to the City Council through the City Manager. Matters relating to property purchases, capital improvements and facilities shall be repor5t�d to the City Council with recommendation of the Planning Commission. 101.09 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. d 101.10 Meetinas 4D COMPENSATION REPORTS ANNUAL REPORT Meetings shall be called by the Chairman and shall be held as necessary MEE7INGS I� to fulfill the responsibilities of the Commission. A11 meetings of the - . Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by �he Commission Chairman to the Planning Commission. � ._._ ' � ' � t � f � � � Ordinance No. . -6- ' . 4 � ' �' J � � � ' lJ CNAPTER 121. ENVIRONMENTAL QUALITY COMMISSION 121.01 Title This organ�zation shail be known as the Environmental Quality Commission of the City of Fridley. 121.02 Definition For purposes of this ordinance, the environment is defined as aTl of the natural physical resources of air, land, surface and sub- surface water, the biotic resources, the man-�ade environment. Environment includes the sensorily perceived features of noise, sight and smell, all plants, wi7dlife and man himself. 121.03 Purpose The Commission is established to stimulate i•,terest �n, and to promote an awareness of, environmentai concerns among citizens of the City of Fridley; to serve as resource agency to the City on matters regarding the environment, including information on environ- mental problems, laws, policies and regulations of the county, metropolitan, state and federal levels to the extent of their affect on Fridley; and to advise the City Council, the City Manager and other appropriate City Commissions on matters pertaining ta the maintenance or improvement of the environment, including the review and recommendation of programs and polic,ies within the City. 121.04 Sco ' • The Environmental Quality Commission shall act as an advisory Com- mission to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any � change in related community planning and comprehensive City goals and p�licies must be reviewed by the P�anning Commission who will then make recommendations to the City Council. , � � ' C� ' ' The Environmental Quality Commission shall advise the City Council in the development of programs to give increased effectiveness and direction in implementing estabiished City goals, policies and framework and recommend actions as needed relevant to the environment. 121.05 Membership 7he Commission Chairman shall be appointed by the City Council and shall also serve as a member of the Planning Commission. The Commissian shall consist of five members, all members shall be appointed by the City Cauncfl for three year terms, except the City Council shall stagger the appointments so that the terms of no more than t4U0 members shal] 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 office, members shall continue to serve until their successor shall have.been appointed. � TITLE DEFINITION PURPOSE SCOPE MEMBf RSH I P � ' ' ' ' ' Ordinance No. Chapter 121 Continued. -7- The Commission shall each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Commission, if the regular Chairman is unable to attend, the Vice-Chairman shall act in his place. Commission members may resign or be removed from office by a majority vote of the City Council. AttEmpt shall be macie to have all City wards represented on the Commission. The Commission member appointed to fill any vacancy shall serve for 1;he remainder of the vacated term. 121.07 Organization � Followi'ng the appointment of the membership, the Commission shall ' meet, organize and elect any officers except Chairman as it deems desirable. The Chairman shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Call and preside over meetings of the Commission; 2. Appear, or appoint a representative 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 to the business under consideration by said Commission or Council; 3. Review the agendas and minutes of the Planning Commission, Recreation Commission, and any other established City Commission at the discretion of the Chairman and inform the Commission of matters contained therein relative to the environment; and , 4. Provide liaison with other governmental and citizens' groups in matters concerning the environment for the purpose of obtaining timely and relevant information for consideration by the Commissioi�. 121.08 Administrative Staff The City Manager shall assign one member of the Administrative Staff to serve as secretary to the Commission. The secrei:ary shall perform only such clerica1 duties on behalf of the Commission as may be assigned by the Chairman with the consent of the City Manager. Additional advisory staff may be assigned to the Commission by the City Manager within the restraints of the adopted general fund budget. The Administrati�e Staff shall be limited to Commission level. 1 ' I ' , . . 4F VACANCY ORGANIZATION ADMINIS- TRATIVE STAFF 0 , ' � Ordinance No. Chapter 121 Continued. 121.09 Project Committees : The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such project co►nmittees shall be appointed by the Commissi�n for special prajects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the discretion of the Commission. The project comriitteeshall be chaired by a member of the Commission. 121.10 Compensatton The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 121.11 Reports The Commission shall make such reports as requested by the City Council or Planning Commission and shall prepare an annual report of its activities not later than August l. ' 121.12 Meetings • uG PROJECT COMMITTEES COMPENSATION 0 REPORTS Meetings shall be called by the Chairman and shall be held as necessary MEETINGS to fulfill the responsibilities of the Commission. F�11 meetings of the - Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recammendations shall be transmitted by the Commission Chairman to the Planning Commission. . � CHAPTER 122. HUMAN RESOURCES COMMISSION ' � � . � � ' 122.01 Title This organization shall be known as the Human Resources Cammission of the City of Fridley. 122.02 Purpose The purpose of the Commission is to promote intensified communi- cation and protection of just and equitable rights among all resi- dents of the community; to promote harmonious relationships among people of all races, religions, ethnic groups, social/economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; to promote understanding and equal opportunity in empl"oyment, housing, public accommodations, and public, cultural and educational services; and full participation in the affairs of the City of Fridley. TITLE ;. ..��� ' ' Ordinance No. Chapter 122 Continued. 122.03 Scope � The Human Resources Commission shall act as an advisory Commission ' to the Planning Commission for continuous community planning and development of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies ' must be reviewed by the Planning Commission who will then made recom- mendations to the City Council. �J , �� ' ' The Human Resources Commission shall advise the City Council in the development of programs to give increased effectiveness and direction in implementing established City goals and policies and recomrnend actions as needed to provide equal opportunity in the community. 122.04 Membership The Commission Chairman shall be appointed by the City Council and sha11 also serve as a member of the Planning Commission. The Commission shall consist of five merribers, all members sha11 be appoin±ed by the City Council for three year terms, except the City Council shall stagger the appointments so that the terms of no more than ttvo members shall expire in any one year. Attempt shall be made to have all C�ty tivards represented on the Commission. Upon the expiration of their terms of office, members shall continue to serve until their successor shall have been appointed. � The Corranission sha]1 each year, from their own numbers, choase a ' Vice-Chairman. At any meeting of the Commissior�, if the regular Chairman is unable to attend, the Vice-Chairman shall act in his place. � L.J LJ , � ' �� � 122.05 Vacancy 4H SCOPE MEMBERSHIP Commission members may resigr� or be remaved from office by a. VACANCY majority vote of the City Council. Attempt shall be made to have all City wards represented on the Commission. The Commission member appointed to f111 any vacancy shall serve �or the remainder of the vacated term. 122.06 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 beha1f of the Commission as may be assigned by the Chairman with the consent of the City Manager. Additional advisory staff may be assigned to the Commission by the City Manager within the restraints of the adopted general fund budget. The Administrative Staff shall be limited to Commission level. ADMINIS- TRATIVE STAFF Ordinance No. -lo- 4 � Chapter 122 Continued. 122.07 Project Committees The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such proj�ct committees shall be appointed by the Commission far special projects and shall cPase io. exist �vhen their activities are completed. The qualifications for membership, compo- sition and duties of such project committees sha11 be at the discretion of the Commission. The project committeeshall be chaired by a member of the Commission. 122.08 Compensation The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 122.09 Reports The Commission shall prepare such reports as requested by the City Coun�il or Planning Commission. 122.10 Meetings PROJECT GOMMITI'EES COMPENSATION REPORTS 0 Meetings shal) be ca]led by the Cl�airman and shall be held as necessary MEETINGS to fulfil1 the responsibilities of the Commission. All mee�ings of the Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the Commiss�an Chairman to the P1anning Commission. ' SECTION 205.13 APPEALS COMMISSION AND VARIANCES ' , � �J � , ' 205.181 Creation of Appeals Commission 1. The Council hereby creates an Appeals Commission ta serve as the Board of Appeals and Adjustments and to exercise all authority and perform all functions of said 6oard pursuant to h1innesota Statutes 462.351 to 462.364. 2. Membership The Commission Chairman shall be appointed by the City Council and shall also serve as a member of the Planning Commission. The Commission shall consist of five members, all members shall be appointed by the City Council for three year terms, except the City Council shall stagger the appointments so that the terms of no mare than two members shall expire in any one year. Attempt shall be made to have all City ��ards represented on the Commission. Upon the expiration of their terms of office, mernbers shall continue to�serve until their successor shall have.been appointed. ORGANIZATION OF APPEALS, COMMISSION MEP4BERSHIP ' ' ' ' ' � No. ' -11 4 � Section 205.18 Continued, The Cammission shall each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Commission, if the regular Ghairman is unable.to attend, the Vice-Chairman shall act in his place. 3. Vacanc� Gommission members may resign or be removed from office by a VAGANCY majority vote of the City Council. Attempt shall be made to have all City wards represented on the Commission. 7he Commission member � appointed to fill any vacancy shali serve for the remainder of the vacated term. � 4. Scope ' a) The Apr.2d�$ Commission shall act as an advisory Commiss:on to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goa1s and policies must be reviewed by the Planning Commission who will then make recommendatians to the City Council. ' b� The Commission shall have the recommending to the City Council ' requests in the following cases: � , � � , LJ , ' � power and duty of hearing and as herein provided, appeals or 1. Appeals where it is alleged that there is an e►°ror in any order, requirement, decision, or determinatian made by an administrative officer in the enforcement of this chapter or of the Uniform Building Code. 2. Requests for variances or of the Uniform Building Code from the literal provisions of this chapter in instances �dhere strict enforcement would cause undue hardship because of circumstances unique to the individual property under con- sideration. . In recommending a variance, the Commission, and the Council on approval, may impose conditions to ensure compliance and to protect ad,7acent 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 assig�led by the Chairman with the consent of the City Manager. Additional advisory staff may be assigned to thP Commissio�� by the City Manager within the restraints of the adopted general fund budget. 7he Administrative Staff shall be limited to Commission level. SCOPE POWERS AI1D DUTIES ADMINIS- TRATIVE STAFF ' CJ , � ' �l ' � ' Ordinance No. Section 205.18 Continued. 6. Project Committees -12- The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such project committees shall be appointed by the Commission for special projects and shall cease to exist �rhen their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the discretion of the Commission. The project committeeshall be chaired by a member of the Commission. 7. Compensat.ion The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 8. Reports The Commission shall prepare such reports as requested by the City Council or P1anning Commission. 9. Meetings 4K PROJECT COMMITTEES COMPENSATION REPOR7S ' Meetings shall be called by the Chairman and shall be held as necessary P�EETINGS to fulfill the responsibilities of the Commission. All meetings of the Commission shall be open to the public. Minutes shall be kept of all ' meetings. Findings and recommendations shall be transmitted by the ' Commission Chairman to the Planning Commission. ' 205.182 Petition by Owner At any time within thirty days, any property owner who deems himself PETITION BY raggrieved by an alleged error in any order, requirement decision OWNER or determination made by an administrative office in the enforce- ment of this chapter which affects his property, may appea� to the Appeals. .1 Commission by filing a written appeal with the City Manager. The appeal shall fully state the order appealed from the facts of the matter, and also the mailing address of the owner. , CJ ' ' ' 205 183 Recommendation 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, either in person or by agent or attorney. Notice of such hearing shail be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeal. Within a reasonable time, after the hearing, the Appeals Commission shall make its recommendation forward a copy of such recommendation to the City Council. RECOMMENDATION BY APPEALS COMMISSION and , ' ' � ' � , Ordinance No. Section 205.18 Continued. 205.184 Record of Action Taken �13- The Appeals Commission shall provide for a record of its pro.ceedings, which shall include the minutes of its meeting, its findings and ihe recommendations made on each matter heard by it, including its final recommendation. 205.185 Variances The Commission may recommend variances from the strict appli- cation of the provision of this chapter and impose conditions and safeguards in the variances so granted in cases where there are practical difficu.lties or particular hardships p�eventing the strict application of the regulat•ions of this chapter. An appli- cation for a variance shall be filed with the zoning administrator and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. 205.186 Action of the Council The Council shall at its next regu1ar meeting after receiving the ' recommendation of the Appeals Commission dec;de on the final action to be taken. , � 2Q5.187 Lapse of Variance by Nan-use Whenever within one (1) year after g�ranting a variance the recipient of the variance shall no� have completed the work as permitted by the variance, then such variance shall become null and void unless a petition for extension of tin�e in which to complete �he work has been granted by the Commission. Such extension shall be requested in writing and fi1ed with th,e City Manager a� least twenty (20) days before the expiration of the original variance. The request for ex- tension shall state facts showing a good faiih attempt to complete the work permitted in the variance. Such petition shall be presented to the Appea1s Commission for hearing and decision in the same manner as the original request for varianee. CHAPTER 216. COMMUNITY DEVELOPMENT COMMISSION 216.01 Title This Commission shall be known as the Community Development Com- mission for the City of Fridley. 216.02 Purpose The Community Development Commisslon is established to promote and � maintain high quality community standards to ensure a well balanced and orderly development, rehabilitation and redevelopment of the City of Fridley; including, but nat limited to ecanomic development, � industrial and commercial development, housing, transportation services, public utilities, community improvement projects, and other related development activities. � RECORD OF ; ACTIO� TAKEN : VARIANCES ACTION OF THE, COUNCIL LAPSE OF VARIANCE BY yOtV-USE TITLE PURPOSE � ' Ordinance No. Chapter 215 Continued. 216.03 Scope -14- ', The Community Development Commission shall act as an advisory Commission to the Planning Commission for continuous community planning and development of the camprehensive City goals and policies. Any change in related community planning and comprehensive City goals and ' policies must be reviewed by the Planning Commissian who will then make recommendations to the City Council. ' The Community Development Commission shall advise the City Council in the development of programs to give increased effectiveness and direction in implementing established City goals, policies and framework, and recommend actions as needed relevant to the physical ' development of the City. 216.04 Membership The Commission Chairman shall be appointed by the City Council and shall also serve as a member ef the Plannir�g Commission. The Commission shall consist of five members, all members shall be appointed by the City Cauncil for three year terms, except the City Council shall stagger the appointments so that the terms of no more than two members shail expire in any one year. Attempt shall be made to have all City wards represented on the Commission. Upon the expiration of their tPrms of office, members shall contii�ue to serve until their successor shall have been appointed. The Commission shall each year, from their own numbers, choose a Vice-Chairman. At any meeting of the Commission, if ihe regular Chairman is unable to attend, the Uice-Chairman shall act in his place. 216.05 Vacanc uM SCOPE MEMBERSHIP Commission members may resign or be removed f�om office by a VACANCY majority vote of the City Council. Attempt shall be made to have al1 City wards represented on the Commission. The fommission member appointed to fill any vacancy shall serve for the 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 seeretary shall perform only such clerical duties on behalf of the Commission as may be assigned by the Chairman with the consent of ihe City Manager. Additional advisory staff may be assigned to the Commission by the City Manager within the restraints of the adopted general fund budget. The Administrative Staff shall be limited to Commission level.. ADMINIS- TRATIVE STAFF r , , , � Chapter 216 Continued. 216.Q7 Project Committees The Commission may establish special project committees to further the objectives of the Commission and provide for greater citizen participation. Such project committees shall be appointed by the Commission for special pr°ojects and sha11 cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project cornmittees shall be a� the discretion of the Commission. The project committee shall be chaired by a member of the Com�ission. 216.08 Compensation ' The members of the Commission shall serve without pay but may be reimbursed for actual expenses if funds therefore are provided in the ' adopted general fund budget. ' ' 216.0� Reports The Commission sha11 prepare such reports as requested by the City Council or Pianning Commission. . 216.10 Meetin�c s , 4 ra PROJECT COMMITTEES COMPENSATION REPORTS Meetings shall be called by the Chairman and sha11 be held as necessary MEETINGS to fulfill the responsibilities of the Commission. All meetings of the Commission sha1T be open to the public. Minutes s}�all be ke�t of all meetings. Findings and recornmendations shall be transmitted by the � Commission Chairman to the Planning Commission. ADOPTED BY THE CITY COUNCIL OF THE CITY 4� FRIDLEY 1'HIS 1975. MAYOR - WILLIAM J, NEE ATl'ES1": CITY CLERK - MARUIfV C. BRUNSELL First Reading: Second Reading: Publish........ DAY OF r , �J "5 RESOLUTION N0. - 1975 RES4LU7ION CONFIRMIPIG ASSESSME{VT FOR SANITARY SEt�JER F1iVD I�JATER .IP�iPROVEMENT PROJECT N0. 115 � BE I7 RESOLVEQ by the City Cauncil of the City of Fridley, Minnesota, as fallows: ' 1. The City Clerk has with ihe assistance o-F the engineers heretofore selected by this Council for such purpose, caicu1ated the proper amounts �o be specially assessed for the ' � � SANITARY SEWER AND WATER IMPROVEMENT PROJECT N0. 115 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City C1erk tabulated statements in duplicate showing the proper description of each an� every lot, piece, or parcel of land to be specially assessed and the amour�t ca::,ulated against the same. 2. Notice has been duly pub1ished as required by law that this Council would �� meet in session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has a� all times since its filing been open to inspectian and copying by a11 persons interes�ed, and an opportunity has � been given ta a11 interes�ed persons tJ present their objections, if any, to such proposed assessment, or to any item thereof, a.nd no objections have been filed, except: 4. The amounts specified in the praposed assessment are changed and altered as follows: � 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said propased assessment as altered and modified w�s and is specially benefited by thE SANITARY SEWER AND WATER IMPROVE�I�NT PROJECT N0. 115 in the amount in said proposed assessment as altered and modified by the � corrective roll in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. ' ' II , �' 0 PAGE 2-- RESOlUTION N0. - 1975 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected urith the changes and altera- tions herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land res- pectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Clerk and filed in his office and shall thereupon be and con- stitute the special assessment for SANITARY SEWER AND WATER IMPROVEMENT PROJECT N0. 115 '� 8. The amounts assessed against each lot, piece, or parcel of land sha1T bear interest from the date hereof until the sam2 have been paid at the rate of seven and one-half (72} per cent p4r annum. i9. Such assessment shall be payable in t��enty (20) annual installments payable on the first day of January in each year, beginning in the year 1976, and � continuing untii all of said installments shall have been paid, each in- stallment to be collected with taxes collectibl� during said year by the County AuditQr. � ' 1Q. The City C1erk is hereby directed ta make up and file in the office of the County Auditor of Anoka County a certified sta�ement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. ' The motion far the adopt�on of the foregoing resolution was duly secanded by ' .Councilman , and upon vote being taken thereon, the following voted i n favor thet°eof : � - and the following voted aga�nst the same. PASSED AND ADOPTED 6Y TNE CITY COU�lCIL OF THE GITY OF FRIDLEY THIS , DAY OF , 1975. � , I � I � ATTEST: CITY CLERK Marvin C. Brunsell MAYOR William J. Nee a 5A