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09/22/1975 - 5428PAT RANSTROM SECRETARY TO THE CITY COUNCIL REGULAR COUNCIL h1EETIPIG SEPTEMBER 22, 1975 ' 1 � ' ' ' t � ,` �RI�LEY CITY COUiVCIL - REGULAR MEETIidG - SEPTEM�ER 22, 1975 - 7:30 P, M, PLEDGE OF ALLEGIANCE: ROLL CALL: APP�O�AL �F MI��UTES: 7:30 P.M. Given A11 present. R��u�.aR MEETiNG, ScPT�r���� 8, 1975 Adopted as �res�n�ed. OPci� F�Kt�I`',ia V�S�T�E�,�: (Co�������_����e�r� o�- I��r�r�� rvc�� a� Prc€����� -- 15 h���ui�s) � M�. �t��,�YP�f� Fi:I[����`, �IOi6 E3�rr[��r L�ke ��vd� r�c,�������ed ��proE�al �f variance CG�� :;ic�:c�r�.Y �t. f'rar� 3�j �f�e� �� 3(i.�� ����i;. Cc��ncil concurred in advance wi�tFi i;hE r°E��;t�r��7��nc4a�i�n o�f f.he �1�nr���n� �om�.��s�ion. ����. � � I-�1.��� � �'E� : � �i;U L � G �t�i �� �r`� R : f`1 G J f�� t� :a � � S S[�i F. �v `i� 4= (� � �( €? E /�,' f ���i E [:� �►" �'�� f�°D I����i���P��. �� i��5::�7 � t � b � i � e � � c a � o e i e � e e o � 1- 1� Pi�b i i c Fl�ari «g cios�d. Mr� Ghe�ter VER"Sa1 � ��S , i'136 E<>>t River Rca;� �uestTOned be i nc� t�� i l ed fai, tr e� i~emo��ai wh�n ti�e quE_s tior� of tt�L 1oca�iGn c�i the tree ha�( bee�� i:rouqht �.�E� by i:i�E pri nci ��al a � tf�c adjoi ni rEg schoo i. t�r. Ed Jonak, � �3 Cr�a � g W�y, qu:�s t:i oned �:he char•ges for the remova.�i ofi the tt��e at 261 57 ch Rl�ce clainlinq h� ren�oved the tr�e. Pi��s. Ja,hn l�n�e;�r�i�n, 5650 Re=qos L�r•ive, q�aes':�c�r��d tf�e cos�t af removal wf��ich u�as ii� t{�€� ,�rno;,��i of $125 f:�efere udmini�trati�,+e cos�� were addecf ��,f7e� she had rece�ived a bid far rerrio��al �t $�0, REGULAR MEETING, SEPTEMBER 22, I975 OLD BUSINESS: CONSIDERATION OF SPECIAL USE PERMIT REQUESTS BY NAEGE�E QUTDOOR ADVERTISING COMPANY FOft CONTINUATION OF BILLBOARDS �TABLED 9%8/75)� , � , , . , , � , , , � . � SP #75-08, $1�0 �AST �IUER ROAD SP #75-09, 7201 Nl��waY #G5 SP #75-1Q, 602� UNIVERSIYY AVENUE N, E. SP #75-I1, 51 Ia69�� SP #75-12, °3 I�694 PL.RNCJING �OMMI,SS'.�4N i�FCpMC�E(�T}�TIOl�: �PPROVE WITH STI PULATT 0(VS CO- Up�-C z-� C I_4��Ql�I_�.F�.: SET PU� L.I C HEAR I NG Pub1ic Hearing set for November 10, 1975. PAGE 2 2 c RECETVIh�G �l�FOR��3�1TI�JN CG��CE(?�I(v� iE-l� 1"SJl�f��� OF �i 1 I�BE L1 l.tmlVJ� � l 4{—F1.���� �1 ,�,,. �f %�� a e e c e i e e e e e e e �� ,� 3- 3 A Council clirectcd aci�ninistra.tion �to prepar� �rc�7n��-�c� anct infarrriai:ic�n ma�terial �fc�r �:P��G Oc-�ob�r 5tf� ;�::�:����i,oq o�i tEi� Caune�ii . Inf�r��Yra�tion to be s��rrt �;o presenf: 1 i qti��� i i c��E��:��:: f��r i o�rs , ci ��i c c�r~g�:�n� ��ati or2s , resiaurant or7f��ra�o�s ��dir��;t�ir�g ih�= f'�,�� Uu b� cc�r�s��F�cr��r� c�� �2,E)�0 with the �n�inimum sE�;:;.i;7:,: cu��ac:ii:y �z�� 75. � �. ���E �.?'.,` ,`� s i � E�� � : CONS iT�l�Rl�i`I Gi� C?F �T RS"( R!'�^.'�� i i`!G ��- �,�`�d Q�;DI Cd�."'�E FOR �AC�TIOi�! �t�Q:.St:�:�T �f�� 3ti��_l�.,i , E`�` ��RLY,� uAl�n��-� �JG�", �o VAG�4,��� Fo��r�oi�. ar= Siv€.:r,�r�s ��A���- Sa����r C��sc:r��t�r���e ,,,, 4- 4 A Ordinance u����pt�d on first r�ad�ng with a cha►7ge fro�n 6G fe�t to 36 feet. ' ' REGULAR MEETIiJG, SEPTEMBER 22, 1975 NEW BUSINESS (COiVT.INUED) CONSIDERATIOf� OF FIRST READING OF AN ORDINANCE FOR I' VACATION REQUEST SAV #75-03, BY LEO LEMKE, TO VACATE PORTION OF �i%TN AVENUE, AND ALLEY EASEMENT IN PLYMOUTH tADDITION� � � � � � � � � � � . � � � . � � � � � � � � First reading adopted. ' PAGE 3 , , 5-5A '. CONSII�ERATION OF FIRST READING QF AN ORDINAh�CE FOR �ACATION REQUESr SAV ##75-05, BY RICHA�D KOK, TO �ACATE ' DRAINAGE AND UTILITY EhSEMENT LOCATED /�T 6517 McK1�v�cY� � First reading adaptede ' ' r� 1 ' � �J Ca��A���r��rzor� a� FIRST R�����c ar- 0����t���Eac� FoR �'�ca-��o►� R��u�s� S:�,� ��I��C��1 �� �r��r�€��Y A�s������_� c�F Co� Ci-���c��1 To V�cA�r� D��in�,��E � ll�rl�t�r�r C���r��:c����a (��c����� �� 4i2 �s��;�;��� h;���� N,E�, a r o�� E e. � a r� a�. F, Fi rst r�adi ng adop�:ed wi�th stii���l �tt� on �17�t -F.h� ;�t°c�p�rty 4�ri 11 be corr,'ain�a ttr�c� �lsc� that �lhf� C�it°,° rGCeive r►a�:i�ficat��it�n �f'ra�r� �the Hos�i ta.l ��c� al so th� �hurch that tN�e clra�i na�1e prc�`��r Eyms i n �;"i� area vrill be sal����a . . .� � , 7-7A Con�� 1�eE���r I o�� o�= F I RST Rc�� � r�� o� ��n 0�� ���r�c� Foa V�c�a�r�oN R�c���r�sr S�1V ;�%�-10, sY Ro���_�;�r F�����c�s, TO VI�CATE UTiLI`�Y ANb DR�INAGE ���SEh1ENT, LQCA�TED a�r ��il A[VD 1001 RI c� C���K Tc��z�,c� iV , � , . , ; . , , . , , . d — 8 A First reading adopted. REGULAR MEETING, SEPTEMBER 22, 1975 NEW BUSIiVtSS (COi�TIiJUED) RECEIVING TNE MINUiES OF THE PLANtJING COMMISSION MEETING OF SEPTEMBER 1�, 1975, , � � � � � � � � � � . � � . . � � ��.) CONSIDERATION OF APPEALS COMMISSION MINUTES OF AuGUST 26, 1975 . PAGCS A� PACO, I�vc,, 7741 BE�cH STREET; NEW OFFICE WARENOUSE o � � , . , � . , � � � � � � � � , 9a - 9 b & 9bb CONj(��SS]ON REC0f�1i�1�„�I) T(-� IQN: APPRQVE WITH STIPULATION �Ql��y�L��TIQf� REQUIRED: �QNSIDERATION OF RECOMMENDATIC�N Min�ites received. ��) ��,RKS A�!I7 RECREI�TIOt� �OMMISSIOt�t f�CCQf�MEND/1TIOI� 0� Au�usT `��l �97� a� REQU�sT s� Nac����� �stioco ar �F�Fp��Y, ,� a,, 9d ��_�_`�'_�f._�_�_ts_���'iM.�,�;�.��nT�C�.� s C�ESCHEDULE PCRSONNEL RE�'�1 I: R�QU I E'ME�(��` �Nl� � CSC;€�tEP+Sf� SCC.Uf-� T 1°�` AT R I NK� m C�it �.r � .P,��.c'� c�..�._ C�_�f�� �r�.� w Cacs s � � � �� � � o � o � ��������r������r� ��P��� T�blec�. Re�ar°��ser�f:���vP� o�� Nacf:t-�y� �lssaciat�iar� to b�.- prescnt at conficrer�cc-� rneE� ci ng ai' �t���� Cat��tc� i 1. C:�) PE���::r: �.r.�c��� SP �#7�-�2�, 6I�1 f�1���.so� S-r�E���� e � 9h - 9j P��t�rv�t��.. Ca��Mis�zr�� {��cc�Mr�c�v����c��. I-'��Pr�avt �` g�� �w��rr� �,,����«�ar�ar� � _ .�.����..�_��cs���E'�c�!�.�t�.�,�t CoNS��cti;�����oc� oF RecoMMr:.�z���r�an� � Sp^ci�al Us� Per�mit grareted. PAG � 4 �-JCC [-� 1 REGULAR MEETING, SEPTEMBER 22, 1975 NEW BllS I iVESS tCONT I NUED ) 1 �PLANNING COMMISSION MINUTES CONTINUED) (4) NaE�t�E's, SP #75-13, BIL.LBOARD AT 541� UNIVERSITY AVENIlE I�,E, � ► � � � � � � � � � � . ._ _ PLANNING COMM LS�ION REGQMMFNDATION: APPROVE WITH STIPULATIQN CO114�;�L��TI O�J REQU I RED : SET PUBLI C HEAR I fVG Public Hearing set for November 10,1975. �5) r`�AEGELE� S, SP ����—�.4, �I LLBOARIJ RT 7�57 Eas-r RIVER ROAD �aEd , e � , , , , . , , , , , , � PLANNING GO�M.�,SS�O�_��OMMFNDATION: DENIAL ,�0�_II.��CT.�C�N RCQUIQ��: SET PU�3LIC HEARING Public Hearing set far November 10, 1975. PAG ES 9j - 91 , � 91 - 9a (6) �' ;�w���.�'s SP ��7�-15, �� ����r-���r 5���� 7�r�-z S� �� ti 9a - 9z e iJa�c- ��� `s Sf' r#7>_.?6, ��� �.�.�a��E�r�, 5a��. 7�t-� S�r r �R��� I�a�r S�' �i5--�,.1. �i��.�o,��r� ��� �l�E�1 C��-���;���_ �R���� I ��c' S�' �` ��-:��� � z �..R_r�a��� ra-r ���C�::� C�.��r��ti� BRE��� I��c� S�' �f`-T ��-�.9. ���_�- ��c�:�Ez� n�� C��� F-�� #�� ����� I �!ce S�' ����--�C�� F � 3..s�._�:fcs��r� ���� ���>� l��rE� S � , �RE�c In!r.� SP ��i�'1�2j.., hl�..f...�oa�� �� 7��8 H� ��5 ��;AI.!.f _r �G_CO(��f�1 �.��� �►e � r �<.'">� Fi"��_��D''z_L��: �1Pf`i�0��'E W T "CtE ST'IPULATIQNS C�!�.�Y.c��,...��s r_���� n�.�?� �'`�-�: SeT Pu��. � c t-{cE�..� t!�� Pu��l�ic Hearing set for Novemher 10, 1975. PAGE 5 REGULAR MEETING, SEPTEMB�R 22, 1975 NEW BUSINESS (COfdTINUE�) PAGE 6 CONSIDERATION OF INCREASE IN FRIDLEY FIREMEN�S RELIEF A5SOCIATION PENSION �ENEFITS� � � . � . � � � � � � � lO — l� D Gouncil authorized increase to $144 per month effective October 1, 1975. Question by Mr. Gary Barl<er, 5800 3rd St,, concerning driving his snoc��mobile from his place oi residence to the Targei; Wa►~ehouse, his place of employment. Council directecl Mr. Barker to talk to Mr. J. Hill about the question. �ONSIBERATIC?N OF �AL�QiS FOR WAR1� � /�N� �'�/lFtD I I I � � � � , � , Il — ll i� Ballots approved, . C��s r��r���� o�� or- CQS�� f=���� i l c� r����� o� Prc��c} �r��. �� �INP;ESQ�'�� E�iG�lt�`�'��' ���-",�te`€°��i�:f��T FU�� �����i�i_����;��'It�N �,� . T�� ��..� t-ytV1.J ��fl1J l�ifF/6e{`J�34. I3 e � e e F e: e e e t o o � e e e e � , 1?_ � 12 � Councii g��v+� cor�c���.�x�;�l a;���r°nval �� th� r{_�st i�{zr•f:icipatior�. �Oi�SI���/`-�Tlfii'� t7i= �C�;i::Ei�^��i��T 1�ETI��!l�C:P? �>Ii`Y 0�= ��iIDLEY an!� I��r .r.4-��e;� C'c�vE_��r���.: f=F�el�vr��rz Ge_���f 7�G5 C�r��rR�i�. , o,,, Tabl cd ur�ti 1 h1r~, Povl i tzl; ;�i nd� cat�s he ��aul d 1 i!;� the i tem placcc� oi� thc� a��ncf�. 13 — 13 li 0 REGULAR "1EET I fVG, SEPTEMB�R 22, 1975 PAGE 7 �dEW BUSIyESS (COi�TINUED) CONSIDERATION OF A RESOLUTION DIRECTING THE ISSISANCE OF TEMPORARY IMPROVEMENT 1�ONDS I(V ACCORDAfVCE WI TH LAws oF 1957, CHAPTER 3g5 , , , , , , , , , , , , , , , , , 14 - 14 F Resolution No. 183-1975 adopted. CONSIDERA7ION OF A RESOLUTION DIRECTING TF�E SALE AND PURCHASE OF TEf�lPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH Lraws oF 1957, CNAPTER 385� � , , . , , � , . , , , . . 15 - l5 A Resolution No. 18�l�-1975 ado�ted. �QNSII��RA'1'IOi� OE= A RCS�LU�"ZCl�� C(��`��I€�MIi�G �S�C�S�ME[VT Fc��t rf��a T�zcn�rr����r� �� ��� �;�����c�vn�. o� T���s B B e a w� s,,., 16 �- 1� A Tabl ��d un�i 1 Oc c���eE� 6, '! 975 �e�E ��i r�g. _ _ Car�s�n��r��za,� c�; C�-3�r��r_ Or�n�.�� �'1 �c�r-;: SANI E�FtY S��,��:° IM����vcr��r_�v�r ��'�.a�r:cT #11� ([?��r�r� L�r�e���rz Co�sTf;��c�r�o�) . . , . 17 - 17 � Chan�e or:ier �pproved. , 1 ' � � � �� C 1 [-1 ' � ' � � REGULAR MEETIiVG, SEPTEMBER 22, 1975 NEW BUSINESS (CONTI(VUED) CONSIDERATION OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR I9%6 AND CONSIDERATION OF A RESOLUTION DETERMINING THE fVECESSITY OF AND PROVIDTNG FOR A TAX LEVY I(� EXCESS OF �VORMAL �ITY �HARTER TAX �IMI7S � , � . � � � � � � . . � . � � � . First reading of ordinance adopting the Budget adopted. Resnlu�ion No. �1975 adopted. � � :;� . PAGE 8 1�-18C CLl�Ih1S1 0 t t 6 B � ! i t 6 t 6 0 � 1 1 t F I 1 1 � � ! � � i� Appro�led. . �i l.Lk��t=J ¢ e [ c a o � e i e � e e �t c i e o e r � � � e t � LO � Ap�rovccf �s l�istc�d �;n the �q�rs:i�., Co�nc�2Y r.c�nsidE=r�d the issaa��r,e c�� a. faod ar�u 3..?. �lfc�nse for �m�ric��ei f3a��i�s.i, a�i� Markc�� by Jerorn� t��. U-ieltz and RicfEard �rar�7�a. Ti�n Food licer�s� ��ras ars�r�ved witf; the consid�ration of �;he 3. �. ? i cens�s tak;+�l c�d unti 1 Oct:oi�er 6; 1975. E.? 1 1���ti 1 i J e e � � e r � � e � c r e c � � � e e � � � � � � Hpproved. �� � ������ 11:2�> P.M. � � 2�.�21L r FRIDLEY CITY COUNCIL MEETING . � '� PL�ASE SIGN NAME ADpRESS ANQ ITEM NUMBER INTERESTED IN DATE: .�.Z �! % S NAME ADpRESS ITEM NUMBER s�-=a=ac=aea_cs=^===�:occcaoccx=_as==a=a-=====-------o=o==�=so_�:a_=o��a=saa.:a_cesxa-_=�=_a==a�= � ��,�,�,.� /G � gT ---73 �,� �o � o � f ti� � ' v,P�f�1 . � � � ` � � ,� . � %oe � S°n� _ S 33 � Sl�ri6E�Z Li�n.�- i�lau��� 1/�1,.,�, . �/�,E6� � r� : .; - �_ � � � , - ,� � « _�+ . . , , � < ;.. _?:� v � ._ . � , .. , ." _ - � . � � � . '�� .'vC, s ,��yy�/,� ;� �/� � 6��,,� .,,�,Y I ' '_ ' _ _ . FRIDLEY CITY COUfVCIL REGULAR MEETI�dG SEPTEM�ER 22, 1975 7.30 P, M. 1 � . , �LEDGE OF ALLEGIANCE. I � � 1 , ROLL CALL: 1 1 I � APPROVAL OF l�INUTES: ' REGULAR MEETING, SEPTEMBER S, 1975 � ' OPEN `FORUN�, ViSITORS: ' CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) � . , PUBL:I C HEAR I IVG : �' PUBLIC HEARING ON ASSESSMENT FOR TREATMENT AND ',I REMOVAL OF TREES � � � � � � . � � � , . . . , , . . , , . . 1 - 1 $ � � � � ' � . '� ' , C'� 1 i � 1 1 � � ' � � 1 1 1 1 REGULAR MEETING, SEPTEMBER 22, 1975 OLD BUSINESS: CONSIDERATION OF SPECIAL USE PERMIT REQUESTS BY NAEGE�E OUTDOOR ADVERTISING.COMPANY FOR CONTINUATION OF BILLBOARDS �TABLED 9/8/75), � . � , � , , � , � , � , � SP #75-08, S15O EAST RIVER RoaD SP #75-09, 7201 Hi�HwaY #65` SP #75-10, 6OZ9 UNIVERSITY AVENUE N. E� SP #75-11, 51 I,694 SP #75-12, 93 I,694 PLANNING COMMISSIO�y�CnMMFNnATrnrv; APPROVE WITN STI Pl1LATI ONS �OUNCIL ACTION REQU R n: SET PUBLIC HEARING PAGE 2 �� RECEIVING INFORMATION CONCERNING THE ISSUAN�E OF WINE LICENSES �TABLED 9/15/75), , , , , , , , , , , , , , , 3 - 3 A NEW BUSIVESS: CONSIDERATION OF �IRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV #75-07, BY VERLYN VANDER LUGT, TO VACATE PORTION OF SIVERTS LANE STREET EASEMENT. �... 4-4A REGULAR MEETIyG, SEPTEMBER 22, 1975 NEW BUSINESS (CO�TINUED) PAGE 3 CONSIDERATIO� OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV #75-OS, BY LEO LEMKE, TO VACATE PORTION OF �%TH AVENUE, AND ALLEY EASEMENT IN PLYMOUTH ADDITION� � . � � . � � � � � . � . � . . � � . . � . � � � 5 - 5 A CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATIQN REau�sT SAV #75-05, BY RICHARD KOK, TO VACATE DRAINAGE AND UTILITY EASEMENT LOCATED AT 6517 McKt�v�EY� �. 6- 6 A � CONSIDERATION OF FIRST READING OF ORDINANCE FOR VACATION REQUEST S:A�V #%5-09, BY FRIDLEY ASSEMBLY OF GOD CHURCH, TO VACATE DRAINAGE & UTILITY EASEMENT, LOCATED AT I��2 OSBORN E RoaD N . E . . . . . . . . . . . . . . . . . . . . 7 - 7 A 1 1 ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV #75-10, BY ROBERT iiINRICHS, TO VACATE UTILITY AND DRAINAGE EASEMENT, LOCATED II� ' ' AT 9S1 AND IOOi.RICE CREEK TERRACE I�.t� �.��.. �.... H- H A � � ' RE�ULAR MEETING, SEPTEMBER 22, 1975 NEW BUSIiVtSS (COi�TIiJUED) RECEIVING THE MINUTES OF THE PLANtJING COMMISSION MEETING OF SEPTEMBER 10, 1975 � . . � � . � � � � � � � � � � � � � �1) CONSIDERATION OF APPEALS COMMISSION MINUTES OF Au�usr 26, 1975 � � PAG ES A� PACO, INC�, 7741 BFECH STREET; NEW OFFICE WAREHOUSE� � � � . � � � . � � � . � � � � � 9a - 9b COMM�$SION RECOMMENDATION: APPROVE WITH & 9bb � STIPULATION COUNCIL ACT.LON REQUIRED: CONSIDERATION OF � RECOMMENDATION �2) PARKS AND RECREATION COMMISSION RECOMMENDATION OF Au�usT 25, 1975 � � A� REQUEST BY HOCKEY ASSOC� OF FRIDLEY� ����� 9d COMMISSION RE�OMMENDATION: RESCHEDULE PERSONNEL REPAIR EQUIPMENT AND INCREASE SECURITY AT RINKS� _. _ �Q.I�.�L ACTION REQUI R�D: CONSIDERATION OF RECOMMENDATION �3) PETER LoN�, SP #75-23, 6721 MaDisoN $TREET. .. 9h - 9J PLANNING COMMISSION RECOMMENDATION: APPROVE & 9cc WITH STIPULATION " . _ COUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION - PAG� 4 �-9CC REGULAR MEETING, SEPTEMBER 22, 1975 NEW BUSINESS tCONTINUED) �PLANNING COMMISSION MINUTES CONTINUED) PAGES (4) NaE�E�E's, SP #75-13, BILLBOARD AT 8410 �NIVERSITY AVENUE f�I�E� . � . � � � . � � � � �. � 9� - �� PLANNING COMMISSION RECOMMENDATION: APPROVE WITH STIPULATION COUNCIL ACTION REQUIRED: SET PUBLIC HEARING ��) ��IAEGELE� S, SP ��5-J.4, BI LLBOARD AT �j5� EAST RIVER ROAD N�E� � . . � . � �. � � . . � � . _.. .. . PLANNING COMMISSION RECOMMENDATION: DENIAL �OU�G�.J ACTION REQUIRED: SET PUBLIC HEARING � , 91 - 90 ��) NAEGELE' S SP #75-15, BI LLBQARD, 5452 7-rH ST ..� 90 ' 9z I�AEGELE � S SP #75--26, t�I LLBOARD, 5501 7-rH ST � �.REDE INC,SP #75-1%, $ILLBOARD AT 5�01 �ENTRAL BREDE �:iVC, SP #75-18, BI LLBOARD AT S4O3 CENTRAL BREDE INC,SP #75-I9, BILLSOARD AT 6801 HY �65 BREDE INC.SP #75-2�, BILLBOARD AT 5457 4TH $T� BREDE INC,SP #75-21, BILLBOARD AT �56$ HY #65 PLANNING COMMISSION RECOMMENDATION: APPROVE WITH STIPULATIONS COUNGIL AGTION REQUIRED: SET PUBLIC HEARING PAGE 5 � REGULAR MEETING, SEPTEMBER 22, 1975 PAGE 6 � � NEW BUSINESS (CO(�TINUED) I� CONSIDERATION OF INCREASE IN FRIDLEY FIREMEN�S RELIEF ASSOCIATION PENSION BENEFITS� � � � � � � � � � � � � ].� - lU D I 1 r �� ', � Il -11D , CONSID�RaTION OF BALLOTS FOR WARD I AND WARD III. .�. ..� I � � , . . - CONSIDERATION OF COST PARTICIPATION PROPOSAL BY ' MINNESOTA HIGHWAY DEPARTMENT FOR SIGNALIZATION AT TN #65 aND 53RD AVENUE N . E . . . . . . . . . . . . . . . . . 12 = 12 A � . 1 . 1 � .. _. CONSIDERATION OF AGREEMENT BETWEEN CITY OF FRIDLEY AND RICHARD pOVLTTZKI; FRONTIER �LUB, �365 CENTRAL �.... 1� - 13 D � 1 � � ,. 1 i - REGULAR MEETING, SEPTEMBER 22, 1975 1 PAGE 7 j ��EW BUSIiVESS (COiVTIlVUED) 11 CONSIDERATION OF A RESOLUTIOiV DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT t�ONDS TN ACCORDAfJCE WITH � � LAws oF 1957, CNAPTER 385, , , , , , , , , , , , , , , , , 14 - 14 F CONSIDERATION OF A RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE wiTw Laws oF 1957, CHAPTER 385, , , , , , , , , , , , , , , 15 - 15 A CONSIDERATION OF A RESOLUTION COEVFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES, .�...�. r�� 16 - 16 A CONSIDERATION OF CHANGE ORDER �l FOR SANITARY SEWER IMPROVEMENT PROJECT #113 �PETER �AMETTI �ONSTRUCTION). ..� 1% - 17 a i ' - I..�s.,� REGULAR MEETING, SEPTEMBER 22, 1975 NEW BUSINESS (CONTI(VUED) CONSIDERATION OF AN ORDINANCE ADOPTI�G THE BUDGET FOR THE FISCAL YEAR 1976 AND CONSIDERATION OF A RESOLUTION DETERMINING THE �ECESSITY OF AND PROVIDING FOR A TAX LEVY IN EXCESS OF NORMAL CITY CHARTER TAX LIMITS� . . . � . . � , . , , . . � � � . PAGE 8 �� � �LAIMS � . � . � � . . � � � � . � . � � � � � � � � . � � , 19 LI CENSES � � . � � � � . . o o � � , . � � s . . � . . � . . ZO � ESTIMATES � . . . � ... . �� � . � � . � . . . . � . . . . . . ZI — 11 E �� � il .� :� � � �� . i�� '' THE:MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL � , ' ' ' � �.�. �, � . . I � � � � � . . . . � � . k. (�� `� . . . . �k 1 , �� � . � �. � �� :: t � �� .:� ,� � �� �a �� � � 4x � �: } �� F'� S�Ep �� ��$-, �����.�� � � 1 � ��; � � , a� x � � .r , � �� , , �a ,: a , . . . . ,,;a., 3 � �, � a k i 1�s�k� �. . . �� �� y'1 t}2� I4 �. � ' �£ �� j :a � �t, F � '�_' ,� � r sP `r . � :i, `� �r ';� a k ,�,3 i ( � r. s � � � :U � � .. I �: . ,. . . � ` � Igp fj . . Ij, j.,_� . .� . . II � � . . . �% � �' � . �� I��; .. � .. t t ;, - � . . - . � �. .. s. �., t �. . � . . � � � . �:,� . . � . . . . . . �, � , ��;. . � � , I ; � II , ' � � � Ij �J � � � , , . � � � J i II� I; %� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 3, i975 The Regular Meeting of the Fridley City Council of September 8, 1975 was calied to order at 7:40 P.M, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and invited them to join the Council in saying the Pledge of Allegiance to the Flag. � ROLL CALI.: MEMBERS PRESENT: Councilwome•n Kukowski, Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR MEETING, JULY 21, 1975 MOTION by Councilma�� Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of July 21, 1975 as presented. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the r�otion earried unanimously. REGULAR MEETING, AUGUST 4, 1975 MOTION by Councilman Fitzpatrick to adopt the minutes of the Regu]ar Meeting of the Fridley City Council of August 4, 1975 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. PUBLIC HEARING �EETING OF AUGUST 11, 1975 MOTION by Councilwoman Kukowski to adopt the minutes of the Public H?aring meeting of tVie Fridley Gity Council of August il, 1975 as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE6ULAR MEETING OF AUGUST 18, 1475 MOTION by Councilman Fitzpatrick to adopt the minutes of the Regular meeting of the Fridley City Council of August i8, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motian carried unanimously. ADbPTTON OF AGENDA: Mayor Nee said he wo�:ld like to add a communication received from the fridley League of Woman Voters regarding a request for aid to send a delegate to the Water's fdge Forum. MOTIQN by Councilman Breider to adopt the agenda with the addition af the item listed by Mayor Nee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: MRS. MARGARET DODSON, 189 N. E. LOGAN PARKWAY: Mrs. Margaret Dodson addressed the Council and presented a petition asking the Fridley City Council to take necessary action to have the ba� af. Oak 61en Creek repaired and said the petition had been signed by almost all of the property ov.�ners alang the Creek. She said the people of the area believe the area has been destroyed by the flood :water coming from the comnercial park and Ptelody Manor by means of the storm sewer through the area. She indicated that many trees have been destroyed and much wild life and wild fiowers had been washed away. Mrs. Dodson said she has written to the City Manager and cal7ed City Hail and so have her neighbors and they have not received much satisfaction other than people from the City coming to view the damages. Mrs. Dodson said sF�e feit that the people in the other areas are receiving the advan±age by running their water in the Creek and they should pay for the improvement of the Creek. She continued to state that the people who live on.the Creek had paid dearly. Mrs. Dodson continued to comment that if any members of the City Council or staff would like to visit the area they would be weicome. She said she would like the Council to be aware of the destruction and erosion of the very beautiful area. Mr. James Seal, 750 Talmadge Way N. E., said he is a property awner on the Creek and said , .. � ��� 7R REGULAR COUNCIL MEETING OF SEPTEMBfR 8, i975 PAGE 2 ' Mrs.Dodson had suggested that there is some finaricial responsibility on the part of .*..he cantributors of the water and he said there is also some responsibility on the part of the City of Fridley. He mentioned that the property owners of the area were unaware of the drainage from the Comnercial Park and the Melody Manor area and that this was to drain through this Creek. Ne said he believed these systems were completed in 1965 or 1966 and he did not believe there were public hearings held at that time. Mr. Beal said he believed that this project was done arbitrarily and without the enviranmental impact of the area being considered. Ne said he believed that the City of Fridiey was partly responsible. Mrs. Dodson asked theCity Council to suggest something that could be done at this time to correct the problems. Mayor Nee indicated he did not know what could be done. � Mr. C. M. Kam, 120 Talmadge Way, said he had lost many feet of his property along ' with many trees. He commented that in 1958 he had thought of putting in some improvements ; on his property in form of a a�alkway to the creek and a veranda over looking the area and was told that this would not keep the area in its natural state. He said he thought the City of Fridley had come along and destroyed the natural beauty of the area. Mr. Kam sa�d he could not remember the person he had talked to at that time, but he was told that he could not improve the property in this manner. Ne added, along came the City �' of Fridley and washed away his property. Ne mentioned that his property had been washed away more than anyone's in the area had. He said if this current destruction is continued ' he stanus to loose about another 40 feet of property. Mayor Nee said he agreed and thought it is an outrage what has been done in the area. Mr. Kam asked where the responsibility lies. Mayor Nee said he thought it is theCity Council's responsibility. MOTION by Councilman Starwalt to receive the petition. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. Mayor Nee again commented tFat he did not know what the City could do. He mentioned there has been some restorative work done on the Creek to the north and asked if the people of the area had looked at this area and asked if this would be an acceptahle , remedy. Mrs. Eileen Irwin, 235 Logan Parkway, said she had not seen this work but had heard that this was done by means of railroad ties and she questioned if this would be suitable. Mrs. Irwin explained that cement blocks and large rocks had been moved by the force of the hater coming through. Mrs. Irwin said she could not see where rai}road ties would last more than one season. She continued to explain that the area people had been toid by the Engineering Department that they could have all the railroad ties that they would like if they would want to shore up the land themselves. She felt the only solutian would be to stop the storm sewer water from coming through the area. Mr. Kam asked if the property owners of the area would be advised if any action is considered. Mayor Nee said the information would be forwarded to the Administration and they will determine what will be possible and thepeople of the area will be advised. � PBayor Nee aslced if there were any other people present to comment during the visitors section and there was no response. PUBLIC HEARTNGS: NOISE ASATEMENT PROJECT PROPOSAL BY MINNESOTA HI6NWAY DEPARTMENT FOR 50UTH SIDE OF I,694 BETWEEN 77H STREET AND MADISOfd AN6 BET'vJEEfV FILLMORE STREET AND EAST CORPORATE LIMITS: The Public Works Directer called on Mr. Gary Orlich, Minnesota Highway Department to make the presentaiio�i to the Council and audience. � Mr. Orlich presented a slide show to the Council explaining the noise levels in conjunction with Interstate systems and possible solution to the problems. Mr. Orlich explained that the last Legislative Session to action to allow the Highway Department to use 1! of the budget for noise abatement barriers. He indicated to determine the priority areas, the Highway Department staff went along the Interstate systems and determined the noise levels. He said there were seven areas where the I ' � � ' ' ' � i � ' �I REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 3 79 dBa's were 80 or more and this is currently the first meeting that had been constructed with a municipality. Mr. Orlich explained that the people from the Highway Department had presented the slide presentation to the Council at a previous meeting. He said if the people of the area and the City Council concur in the proposal, the Highway Department could construct the barriers the next construction season. Mr. Orlich further commented that in order to get the project underway, they will have to thoroughly study the area and draw preiiminary plans. Ne said this would be the first of two public meetings. The first meeting is for the purpose of informing the area people of the proposal and the next would be to explain what can be done with the existing right of way limits. Mr. Orlich said wh'at the Highway Department would like is that if the people favor the con- struction of the barriers, they should let their City Councilmen know thfs and they would prepare a resolution of approval at the next meeting of the Council. He also mentioned ai the final hearing, the Highway Department would pr•esent final plans to the City Council for approval of the construction of the walls and landscaping. He again mentioned that if this is completed at the present time, they would be able to begin construction of the walls and landscaping. He again mentioned that if this is completed at the present time, they would be able to begin construction the next season. Mr. Orlich explained the two areas in the City which would be involved in the construction of the barriers. A resident of the area asked if the area west of Highway #47 would be included and Mr. Orlich said this area was not as high in noise levels and is not top priority at this time. He said this area is farther from the Freeway. Another resident asked if there would be barriers construcied north of the Drive Inn Theatre. Mr. Orlich explained that the property in question for the construct�on of the barriers is residential property abutting the Interstate system and this area is commercial abutting the system. He corrmented that the barriers would be most effective.for the first row of homes off of the Freeway and this effectivness wauld diminish with each succeding row. Ne aiso mentioned that in some cases the commercial property owners feel that the barrier would sh�eld them from possible view and cut their business. Councilman Starvralt asked P1r. Orlich to explain. the provision concerning the cut off date for this typeof barrier in conjunction to the construction date of the residential developments. Mr. Orlich said the areas being considered were to have been in existence before January 1, 1973 or the Federal funding of 90% would not be provided. Ne said this is the reason that a barrier cannot be constructed on the north side of I. #694 east of Matterhorn Drive at this time. . Mr. Orlich explained the no.ise levels which are being considered for construction at this time and said this would exceed 80 dBa. He explained the priority groups as follotias: 1) those areas with 80 dBa's, 2) areas with from 75 to 80 dBa`s and 3) areas with less than 75 dBa's. � Councilman Starwalt asked if the people of the area do not want the barrier constructed � at this time, how long will it be before they are able to reconsider the construction. Mr. I Orlich said this amount of time or policy had not been considered at the present time. He said the construction would not be forced on the people. He also mentioned that the trunk highways were not being looked at at the present time, only the Interstate Freeways. ' � � ' � A resident of the area asked how the Highway Department would determine whether or not the peop�e of the area want the construction of the barrier. Mr. Orlich answered .that they would like to involve the City Council in this process and have them provide a resolution indicating they would or would not want the construction of the barrier. He said the area residents should get in contact with their iocal Councilman. Mayor Nee indicated that after the peopie get a chance to review the plans for the area ` props�ed for improvement he would like to hear their comments concerning the proposals. P7ayor Nee said the Ward Councilman and himself and other members of the Council would be visiting the area residents the coming weekend to determine their feelings conerning the project. He said if there is no strong opposition to the proposaT, the City Council will adopt a resolution supporting the proposal at the upcoming meeting. At xh�3 time the meeting recessed to allow the area residents present to break into two groups to view the plans and talk with the Highway Department representatives. Mayor Nee called the meeting back to order at 9:21 P.M. Mayor Nee asked if anyone had any comments to m8ke about the proposal and the audience applauded the proposal. � A resident of the area aslc�d if any property would be acquired for right of way for this � proposal. Mr. Orlich explained that they would-n6t acquire any property and would place the barriers on currently acquired right of way. He further explained that this acquisition �n { REGULAR COUNCIL MEETING Of SEPTEMBER 8, 1975 PAGE 4 process could take up to two years and this wnuld put the project out of reach in the near future. Mayor Nee said at the coming Council meeting the Council would consider.a resolution to a�prove the proposal. He said if the people of the area have any questions or problems between now and then they should either contact one of the men from the Highway Department or the City Engineering Department. He said the City Council is generally in favor of the project and if there is no strong opposition, it would probably be approved. Mr. Orlich explained that it may be possible that the landscaping would not be completed until the following year. He said that if berming was used, this would have to settle before planting of the area is done and this may possibly be held until the foliowing year. He mentioned that the project would be upgraded considerably by the landscaping and the people should not review the areas without landscaping to receive the total effect of the barriers. A resident of the area asked how the Highway Department would determine the type of material that the barrier would be constructed of. Mr. Orlich said this would be either wood or concrete. He said this would have to be the people's choice and they would want a11 of t"°_ barriers constructed from the same substance. Several individuals impress.ions w���e voiced concerning the type of material for the barriers. Mr. Qrlich comnented that he was not aware that either of the substances was superior in the noise abatement or durability standpoints. ORDINANCE N0. 593 - FOR VACATION REQUEST BY M. MCFARIAND, SAV #75-06, ALLEY, 98 64TH AVENUE N. E.: MOTION by Councilman Fitzpatrick to concur with the recommendation cf the Planning Comnission and waive the second readiny of the orc!inance, adopt the ordinance on second reading and order publication. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF PUBLICLY 041P�ED STREETS WITNIN THE TOWN HOUSE DEVELOPMEN7 PROPOSED QY DARREL FARR CORPORATION IN INNSBRUCK NORTH: The Public Works Director commented that he ha� received a call from the petitioner and developer and they would like to have the item tabled until after the meeting with the Townhouse Association. He explained that there is not a firm commitment by the Townhouse Association and this should be possible to obtain by the next regular meeting of the Council. • Councilman Breider asked if the proposal was for allowing the public access to the area but not praviding complete maintenance by the City. Counciman Breider asked if the case such as the recent blizzard that it may be possible that the only access from one point to another 4�ould be ta plow from one point to another. Cauncilroan Breider asked if tfiere would be some problems in plowing the area of the garages. The Public Works Director said this would have to be taken care of between the developer and the Townhouse Hssociation. Councilman Starwalt said he believed that to hold the item over until another meeting would be appropriate. Councilman Breider asked if the utilities had been installed back to the proposed plat. The Public Ydorks Director said they would have to be installed un�er this proposal. Mayor Nee asked if the utilities would be private or public. The Public Works Director said the utilities would he private. He said the current system and the proposal wouTd be sufficient to handle this phase of the development. Councilman Breider asked if the private lines would hook into the City systems and the Public Works Director said yes. Councilman Breider asked if there would be private maintenance on the utilities also and the Public Works Director said yes. Mayor Nee questioned if this had been accepted by FHA. The Public WorkS�Director said the only problem that had arisen is the access or public roadway. Mr. Jim Luhaszewski, 1536 Overlin Circle, addressed the Council and indicated that- he had assumed that the only responsibiiity for the aera would have been the streets and if this was no longer necessary, there would be no need for the Association. Mr. Luhaszea�ski said the members of the Townhouse Association feel that the proposed phase should be developed and said they wouid meet with the developer. He also indicated that they are not far from reaching agreement and felt this could be done within two weeks time. �'�\ MOTION by Councilman Starwalt to table the consideration of the publicly owned streets within the Townhouse Development proposed by Darrel Farr Corporation in Innsbruck North until two weeks fromthe current meeting or until some aqreernent is reached between the Association and the Developer. Seconded by Councilman Breider. Upon a voice vote� all _ _ __ ___. _ . __. __ � ,; � ' � � ' REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1975: CONSIDERATION OF HUMAN RESOURCES COMMISSION MINUTES OF AUGUST 7, 1975: PAGE 5 �1 MINNESOTA TENANTS UNION: Mayor Nee called for a motion on the consideration and there was no response by the Council and Maycr Nee called the consideration dead for lack of a motion. CONSIDERATION OF APPEALS COMMISSION MINUTES Of AUGUST 12, 1975: F�R A VARIANCE TO REDUCE THE SIdE YARD REQUIREMENT FROM FIVE cc�rrnni �nF n��_ 4R_ TO ALLOW THE ENLARGEMENT OF A SINGLE_C � TO ' The Public Works Director pointed out that the Appeals Commission had recommended approval of the request. He explained the request to reduce the side yard setback from five feet to three feet to allow the construction of a single car garage. He pointed out the t�oposed construction on Page 4-L of the agenda book. He further 1. explained that the petitioner had also requested vacation of the easement and the public hearing on this item was upcoming the following week. The City Manager questioned if it would be proper to take action on the request that evening when the vacat.ion request had not been to hearing. The Public k�orks � Director said he thought it would be in order to approve the variance request, but the vacation would still be pending. The City Manager said if the matter is tabled until the public hearing, the Council ' would be allowed to determine the approval or disapproval of the area property owners. Councilman Breider asked if any memb�r of the Council had any objections to the current variance request and all of the members indicated there was no objection. , hi0TI0N by Councilwoman Kukowski to table the matter of the variance request by Mr. Robert and Mrs. Barbara Hinrichs. Seconded by Councilman Starn�alt. Upon a voice vote, all voting aye, Mayor Nee declared the r+otion carried unanimously. � A REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM EIGHTY FEET TO T„ nrnnl�c T�� crnr vo�n SFTRACK FROM FIFTEEN � � The Public Works Director explained the requests as listed in the heading� He said the architect, Mr. Jacobson, was present to answer any of the Council s questions. The Public Works Director explained that the property to the east did not have adequate parking and said the current proposal would require 24 parking stalls. He said there is a recommended stipulation that they provide 46 stalls for the mutual use of the office and the apUrtment coroplex. He mentioned that the property was not split at the time that the apartment was developed. He also explained that the lot split had been registered by the County but not approved by the City Council. � Mayor Nee recalled a request for a lot split on the property about two years ago that had been refused by the Council. He said this approval was not given because of the need for additional parking for the apartment complex. The City Manager asked if the proposal met the provisions of the Code. The Public � ' Works Director said the construction met the requirements of the Cqde until the additional parking was suggested. Mayor Nee questioned the conditions of the lot split. He asked if it is or is it not � split. The City Attorney said he could not tell until he could look at the County records to determine when the lot split took place and the ownership of the property changed. � - ---- _---- ---__ __� sz � . , REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 6 Mayor Nee asked how short the apartment complex was in parking stalls. The Public Works Director said 43. Ne explained at the time the apartment was built the Cade requirement for parking was 73 and at this time the requirement is 116. He said this is a difference of 43. He said if the Council approved the request with the stipulation of the additional parking, the office parking would back up the apart- ments with the 46 stalls. The City Manager said the office would be closed when most of the people in the apartment would like the additional parking. He said the businesses would only be open until 5:00 P.M.. He said with the joint parking lot, he felt this to be a good solution to a bad problem. Councilman Breider questioned what would be the case if the people from the apart- ment complex would want to park in the office complex during the day hours. The Public Works Director said the requirement of the office building would only be 24 stalls and this will leave many for the apartment parking. Councilman Breider made mention of a situation in the Commerce Park office building where there is an unemployment office and peoole park in the field and also in the street. He said the amount of space needed cannot be determined because it is an office. Cc��ncilman Breider asked' how this type of situation could be controlled. The City Manager said the stipulation for the cooperative parking would be filed on the records of the property and would be binding no matter who okms the property. He said they would have to live with the agreement stipulations. The Public Works Director said a real estate firm and an engineering firm had been considering locatin g in the building. The City Manager said Councilman Breider's point is well taken and he questioned if it would be possible to limit the use of the facility to a lesser traffic generator. The City Attorney advised the Council that he did not know how this could be done. Councilman Breider commented that he could see a constant hassle about who is parking in the lot. , Mayor Nee asked if the �ouncil cauld riot split the lot and require the apartment to install more parking in the arEa. The City Attorney said he did not know the City could require this. Mayor Nee said the apartment ow-ner had enough land to p�.ovide good parking and he cut off a piece and sold it. Counci1man Fitzpatrick asked tivhat assurance the City would have that some future owner could end the agreement. The City Attorney said the covenant could be written that any succeeding owner would be liable for these conditions. He said this would be on file with the register of deeds. Councilman 6reider asked how the parking venture would be enforced. He questioned what would happen if the office building put up signs to allow parking for the office building and its patrons only and indicated that all othei°s would be towed away and , tFe cars were towed away. He asked what the City would have the power to do in this instance. The City Attorriey said he was not sure how the agreement or covenant should read but it would be between the two property otvners ard tha succee�in9 owners. He said the agreement could say that a por°tion of the parking stalls would be mutually used, or more specifically what portion in number �ould be used. Councilman Breider said the people visiting the business would park inthe apartment lot and visa versa. lie said the first person there wouid get the parking spot and everyone else would be out of luck. The City Manager said this could be done like a shoppi�g center where all of the merchants and their employees share the lot. Mayor Nee said this condition would be controlled by one person, the owner of the office building. The City Manager said this proposal was a reasonable solution to the problem. He , said it is not the best solution but it is a solution. ; �_� I REGULAR COUNCIL MEETING OF SEPTBMBER 8, 1975 PAGE 7 : Councilman Starwalt questioned why anyone would want to buy the land and furnish the parkinq for another Aroqert.Y owner. Councilman Starwalt asked the Architect if he was aware of any problems in this provision. Mr. Jacobson said he was not aware of any problems. Councilman Starwalt asked if there was a problem with the owners sharing the parking. Mr. Jacobson said he had talked to them at length and they are willing to have an attorney draw up the agreement. ' Mayor Nee said as long as there is going to be a building on t�is property, this proposal is better than what had been proposed in the past. He said there is a question of whether the applicant should be forced to put in the parking spaces needed by the apartment and not by his building alone. Mayor Nee said his probiem with the proposal is that the property was split and sold and they did not come to the City to do it. The City Attorney said if the Council wanted to table the consideration, he could check the records at the County and determine what had been recorded as far as owners of the property ard the lot split. He said if the lot split is valid this would allow tlie Council to make a decision. He also `.entioned i:he possibility of unrecorded interests. . Mayor Nee questioneci if the City should obtain the cencurrance of the two property owners in regard to the parkir.g agreement before making a final decision on the request. The City Atiorney said the agreements would be between the two property o��m ers but he felt the City should take a look at the agreements before issuing the building permit. Mayor Nee instructed the applicant to see if the agreement could be worked out and Mr. Jacobsnn a.greed to this. MOTION by Councilman Starwalt to table the conside�°ation of the request for a variance as requested by Bergstedt Anderson Realty for 10�0 52nd Avenue N. E, until the next meeting of the Council. Seconded by Councilwoman Kukawski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. =QUEST FOR A SPECIAL USE PERMIT, SP #75-Q8, BY NAEGELE OUTOOOR ADVERTISING COA1PANY: ) ALL04! TNE CONTINt1ATI0R� OF AI� EXISTING 6ILLBO;�RD ON LOT 7, BLOCK I, RIVERVIEW =IGHTS, PER FRIDLEY CIiY CODE, SECTION 2140042, TNE SAME BEIN6 t3150 EAST RIVER ROAD N.E.: ES7 FOR A SF'ECIAL LSE PERMIT, SP ,#75-09, BY NAEGELE OUTDOOR ADVERTISING COMPANY: ______ __. . ..,,,,.,.. ...� T��r �Trcrrni v �nn GGf.T f1F I (1T 1 N. ST FOR A SPECIAL USE PcRMIT, SP #75-10, BY NAE6�ELE OU7 � n�.� Tuc MNTTNIIATI(1N OF AN EXISTING BILLfQF,RD BET4IEEN HYDE f AKK HUU! I iUlV, rtn rtciu�c i �i � � ����, � ___ - AVENUE N. E.: REOU�'ST FOR A SPECIAL USE PERMIT, SP #75-11, BY NAEGELE^OUTD 0 ADVERTISTNG COMPANY: 20 AND 21, BLOCK 4, SAME BEING 6029 UNIVERSITY ADVERTISING COMPANY: - UEST FOR A SPECIAL USE PERMIT, SPT#75-12; 8Y^NAEGELEn0U�D00R�AD�RRSI�URfIV�SI0NYN0. 7s, PtK YK1ULtY L��r ���t, ��,,����. ���.�T�, ,•,. ......- --- The Publir, Works Director informed the Council that the petitioner had asked that the Council table all of the special use permits untii the remaincer of thp requests are considered by the City Council. � ' Mayor Nee asked if the Council members felt t.he requests should be handled with a public ' hearing at the Council level. The City Attorney said he felt this would be appropriate unless they would want to rely onthe information provided at the Planring Commission public hearings. Mayor fJee asked if there was notice given to the property oHrners concerning the requests and the Public Works Cirector said yes the people vaithin 200 feet of the billboards had been notified. i 0 \ I I�� • � REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 8 Councilman fitzpatrick said he thought the Council should note that the recommendations of the Planning Corrmission on these considerations are not unanimous as they usually are; the vote had been split. , Mayor Nee said he would like to advise the people and provide publicity of the public hearings. _ The Public Works Director asked if the consideration should return to the Council to set the public hearing and Mayor Nee said yes. MOTION by CouncilYroman Kukowski to table the consideration of the speciat use permits for the previously listed locations. Seconded by Councilman Starwalt. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE CATV COMMISSION SPECTAL N;EETING MINUTES OF AUGUST 13, 1975: MOTION by Councilman Starwalt to receive the minutes of the CATV Commission Special Meeting of August 13, 1975. Seconded by Councilwornan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSfDERATION OF EXCHANGING CASH FOR SCRIPT - LIQUOR CLASS ACTION SETTLEMENT - MCKESSION WINE AND SPIRITS COMPANY: The Finance Director explained th8t the City will receive 75% of the face value and interest for this period of time and save some bookkeeping expenses if the proposed action is approved. He pointed out the amount to be relatively small with value of $448 versus the face value of $598. Mayor Nee said he believed the proposal to be prudent and thoughtful. Councilman Breider said the action makes sense. MOTION by Councilman Breider to authorize the exchange of cash for script as recommended by the Finance Director. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor iVee declared the riotion carried unanimously. RESOLUTION N0. 176-1975 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF ' COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1976-1: The Public Works Director said this resolution related to the proposed streets for improvement the coming year and pointed out the list of those streets to be on Page 7 of the agenda book. Mayor Nee asked if the streets hd:d been petitioned for and the Public Works Director said no they were part of the ten year improvement proyram. - Councilwoman Kukowski asked which year the City was currently in within the ten year program and the Public Works Director said this would be the seventh. The City Manager said 85% of the streets in the City have been improved and are up to standard. Councilman Breider questioned if 57th had been brought through this process in the past. The Public Works Director said it had been but the maintenance costs on this street are quite high. Councilman Breider said the people can be brought in and it �_ can be determined if the im�rovement would be any more favorable at this time. MOTION by Councilwoman Kukowski to adopt Resolution No. 176-1975. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 177-1975 - AUTHORIZING AND DIRECTINC THE SPLITTING^OF�SPECIAL^ASSESS- MOTION by Councilman Starwalt to adopt Resolution iJo. 177-1975. Seconded by Councilwor�an Kukowski. Upon a voice vote, all voting aye, Mayor Alee declared the moti�n carried unanimously. RESOLUTION N0. 178-1475 - DIRECTING THE PREPARA7ION OF THE FINAL ASSESSMENT ROLL FOR THE TRFATMENT AND REI�10VAL OF TREES: � Councilman STarwalt asked the value of the removal of the average claim. The Finance Director said he did not have the figures before him but the average range is from $100 to $150. __ _ ; ♦ ' REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 85� � i � I PAGE 9 '� Councilman Starwalt questioned if there was some sort of policy that would lessen the amount. Cour,cilman 6reider said there is a state reimbursement policy. Mayor Nee pointed out the various amounts paid under the State Reimbursement policy. Mayor Nee said the City does not currently have this program. MOTION by Councilman 6reider to adopt Resolution No. 178-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declarecl declared the motion carried unanimously. RESOLUTION N0. 179-1975 - DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT �OLL FOR THE TREATMENT AfdD REMOVAL OF TREES: MOTION by Councilwoman Kukowski to adopt Resolution No. 179-1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Finance Director asked the Council if they would like information concerning the State Reimbursement policy. Councilman Breider indicated that the policy would not cf�ange the current assessment roll. Councilman Breider suggested that the State Reimbursement policy be. an item at the next conference meeting of the Council. Councilman Starwalt asked if the Council jvould also be given some information on the sewer sit�ation where there is less being pumped than flushed. The Public Works Director said he would provide the Council with this information. CLAIMS: GEN[RAL AND LIQUOR 11251 - 11546 MOTION by Councilwoman Kukowski to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the rnotion carried unanimously. LICENSES: CIGARETTE BY APPROVED QY Central Speedy �ar Wash Rick Tshcata Public Safety D�ir. 5201 Centrai Avenue SOLICiTOR The Children's Theatre Co. Sarah Lawless PuFlic Safety Dir. 2400 Third Ave. S. GARBAGE PICY.UP Gallagher's Service Inc. Richard T. Gallagher Heaith Inspector 9151 Central Ave. . Tarco, Inc. Dennis McGraw Health Inspector DBA Modern Services P. 0. Bor. 4445 GENERAL CONTRACTORS . Carpentry and P,ssociates, Inc. Paul Withcrs Darrel Clark 6002 Excelsior Boulevard St. Louis Park, Minn. Construction 70, Inc. Douglas A. Chesnut Darrel Clark 1430 W. County Road "C" St. Paul, Minn. 55113 Oahlmeier Construction Co. S.W. Dahlmeier Darrel Clark 8460 Cottagewood Spring Lake Park, Minn. 55432 � Denesen Co:npany, Harvey Peterson Darrel Clark 2836 Colfax Av. S. Minneapolis, Minn. 55408 � e �. �� REGULAR COUNCIL h�EETING OF SEPTEMBER 8, 1975 ' GENERAL CDNTRACTORS CONTINUED BY ; Fridley Custom Homes Wayne H. Friday 1016 Bunker Lake Blvd. Anoka, Minn. 55303 Maranatha Construction Richard Baanrud 2403 54th Ave. N. � Brooklyn Center, Minn. 55430 Minnetonka Pools Inc. Dailey Janssen 10820 Wayzata Soulevard Minnetonka, Minn. 55433 Springfiled Homes, Inc. Lee Kupcho 3717 Foss Road Minneapolis, Minn. 55421 Wyman Builders, Inc. Dale Wyman 15629 Oak Ridge Road Hopkins, Minn. 55343 HEATING Master Mobile Home Service Robert Fassett 2189 Long Lake Road New Brighton, Minn. 55112 A1r1SOP; RY Kuledge Construction Steve Kuledge 1924 B. Oakview Lane Minneapolis, Minn. 55441 Main Masonry Lawrence Masonry 2127 N. Ferry St. • . Anoka, Minn. 55303 MULTIPLE DWELLING LICENSES: OWNER ADDRESS Floyd C. Bailey 5900 22 St. N. E. 5861 W.Moore Lake Drive Floyd C. Qailey 5861 W. Moore Lake Dr. 5908 2%2 St. N. E. �loyd C. Bailey b916 2Z St. N. E. 5867 W. Moore Lake Dr. Gerald L. Miller 5900 3rd St. N. E. 5420 5th St. N. E., Apt. 2 Fridley, Minn. David C. Nelson 5980 3rd St. N. E. 20186 Connie Drive Anoka, Minn. 55303 Terrance Fi. Mickley 5419 5th St. N. E. 7075 Hickory Drive Fridley, Minn. 55421 Gerald M11i11er 5420 5th St. N. E. 5420 5th 5t. N. f., Apt. 2 , James H. Johnson • 380 57th Place N. E. ' 621 Bennett Drive Fridley, Minn. 55432 i � M. A. Siddle 217 79ih Way N. E. � 4800 Cedar Lake Road j h1inneapalis, Minn. 55416 I PAGE 10 APPROVED BY Darrel Clark Darrel Clark Darrel Clark Darrel Clark Darrel Clark William Sandin Darrel Clark Darrel Clark UNITS FEE /1PPROVED BY 7 $15.00 R. D. A'Idrich Fire Prev. R. D. Aldrich 7 15.00 Fire Prev. 7 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 4 15.00 R. D. Aldrich � Fire Prev. 4 15.00 R. D. Aldrich Fire Prev. 8 15.00 R. D. Aldrich Fire Prev. 0 , F �, �- 1 � � � ; I � � � REGULAR COUNCIL MEETIN6 GF SEPTEMBER 8, 1975 PAGE ]1 ��. OWNER ADDRESS UNITS FEE APPROYED BY Virginia Carlson 231 79th Way N. E. 7 $15.00 R. A7drich 231 79th Way N. E., Apt. 5 Fire Prev. Fridley, Minn. 55432 Donald C. Anderson 5960-5980 Anna St. N. E. 33 38.Q0 . R. Aldrich 3319 Belden Drive N. E. Fire Prev. Minneapolis, Minn. 55418 Victor Lohmann 5950 East River Road 12 17.00 F��,e�Prevh 3515 lOth Ave. S. Minneapolis, Minn 55407 Leonard E. Daiiey 8T41 East River Road 5 15.00 R. Aldrich 8191 East River Road Fire Prev. Fridley, Minn. 55432 6ruce C. Anderson 4030 Main St. N. E. 4 15.00 R. Aidrich 1815 Cleveland N. E. Fire Prev. Minneapolis, Minn. 55418 Kenneth F. Peterson 6011 Main St. �d. E. 4 15.00 R. Aldrich 2441 Lyndale Ave. S. Fire Prev. Minneapolis, Minn. 55405 Kenneth Petersor, 6019 Main St. N. E. 4 15.OQ R. Aldrich 2441 tyndale Ave. S. Fire Prev. Donald C. Wescom 117 t�lississippi Place Pl. E. 4 15.00 R. Aldrich 117 Mississippi Place N. E. Fire Prev. Fridley, Minn. 55432 Ronald Shelton ?40 Mississippi Place N. E. 4 15.00 R. Aldrich 8844 75th St. S. Fire Prev. Cottage Grove, Minn. 55016 Chris Jelevarov 160 Mississippi P7ace N. E. 4 15.00 R. Aldrich 160 Mississippi Place N. E. Fire Prev. Fridley, Minn. 55432 Innsbruck North Associates 160] N. Innsbruck Dr. 1601 N. Innsbruck Di°. 25�3 263.00 R. Aldrich Fridley, Minn. 55432 Fire Prev. Edstrom Realty 155-15� Satellite Lar,e N. E. 33 38.00 R. Aldrich 960 East Mark St. Fire Prev. Winona, Minn. 55987 Edstrom Reali:y 195 Satellite Lane N. E. 20 25.00 R. Aldrich 960 East Mark St. Fire Prev. Carl W. Lidberg 6111 Star Lane N. E. 18 23.00 R. Aidrich 3816 Central Ave. N. E. Fire Prev. P�inneapolis, Minn. 55421 MOTION by Councilman Starwalt to approve tfie licenses. Seconded ay Councilwoman Kukowski. Upon a voice vote, aii voting aye, Mayor Nee dec]ared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc. � 14�6 County Road "J" • Minneapolis, Minnesota 55432 ' PARTIAL Estimate #1 for furnishing resident inspection and resident supervision for the staking out of canstruction work for Water, Sanitary Sewer, Storni Sewer &�ireet Grading lmprovement Project No. 117 from July 28 through August 16, 1975 $1,578.26 PARTIAL Estimate �9 for furnishing resident inspection and ; � .. �� REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 resident supervision for staking out of the construction work for sanitary sewer Improvement Project No. 113 from July 28 through August 16, 1975 Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor for the City of Fridley by Carl Newquist for August, 1975 PAGE 12 $ 796.07 $1,327.50 MOTION by Councilwoman Kukowski to approve the estimates for payment. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUESTED DISCUSSION QY ISLANDS OF PEACE �OUNDATION: Councilwoman Kukowski said since she was the �nly member of the Board of Directors of the Islands of Peace Foundation present, she would request that the Counci1 and the Board of Directors have a special meeting. Several times and days were suggested with the consensus of +he members agreeing to 4Jednesday, September 17. MOTI�N by Councilwoman Kukowski to set a special meeting of the Council and the members of the Board of the Islands of Peace Foundation for Wednesday, September 17, 1975 at 8:00 P.M. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING HOME FIRE DETECTION PROGRAM: The Civil Defense Director/Assistant Fire Chief, Mr. Robert Aldrich, addressed the Council and said the proposal was to provide a high degree of protection at a minimal cost to the residents of the City of �ridley. Mr. Aldrich said shortly before the fatal fire that had cccurred recently in the City, he had been working on a system to make this type of equipment manditory by ordinance in the City. He said he had been p!,ovided with a copy of a magazine explaining the program instituted in a Pensylvania City and had communicated with that City to get the particulars on the program. He said it vrould be his intention by obtaining bids for equipment with set standards to get the price down to rock bottom and have the City act as a clearing house, not buying the equipment and selling it, but only certifying that interested persons are residen.ts of the City and allowing them to contact the low bidder. Mr. Aldrich said the development of the detection eq�pment I�as come along way and the ionization.detectors are the best in detecting fire. He said they had not zeroed in on a specific type of model, the specifications had been drafted around the standards of the National Fire Protection Association. He said any of the units would meet the criteria and allow the people of the City of Fridley to install this equipment in their homes at a minimal cost. Ne said he ha� some salespeople come door to door with identical equipment which was purchased for the Fire Depart;7ent by the relief Association for $40 and they were selling the equipment for $90. He said he had given the Purchasing �,gent three pages of companies who made equipment that met the standards of the State of Minnesota and they were all able to submit b�ids to the City. He said the State fluilding Codes now require installation of the fire detection equipment in any new homes and FHA also requires this in homes that they have the mortgage on. Mr. Aldrich poirted outa battery operated unit to the Council and said they also have a primary po«ered unat which can be plugged in to the wall or hard wired into the circuitry of the home. He said both units have been tested by the proper agencies or fM and U�. Mr. Aldrich explained that the battery operated unit chirps one time per minute for seven days to warn the user that the battery is getting low and the other unit is just not operational if the power is out. He explained that both units are very sensitive and will respond to .0�3 to .1 micrames. Fie said this would be an amount tfrat would be invisible to the naked e)�e and would put the equipment into an alarm condition. Mr. Aldrich said if the equipment had 'ueen instal?ed in the home on Rice Creek Road, there would not have been a death in the fire. Hesaid the fire could have been detected in three minutes and the fire had been burning aboui one ho�r before detected. Mr: Aldrich said there will be a mailing for the upcoming Fire Prevention Week in which information could ne sent to each dwel7ing unit in the City (October 5-11). Mr. Aldrich said he had talked to Honeywell and they would offer the units at about $22, he mentioned there is quite a bit of a markup in the units and he would like to qet the price down vrith the people of the City receiving the benefit. I I ' ' , , � ' ' L_.J REGULAR CO�NCI! MEETING OF SEPTEMBER 8, 1975 PAGE 13 �� Mayor Nee asked if the City would be liable for the units. Mr. Aldrich answered not any more than they are for sprinkling systems installed in the City or for fire hydrants. Mr. Aldrich continued to point out that this had been discussed at the Department Head meeting and the City ATtorney had indicated he did not believe the City would be liable. Mayor Mee mentioned the possibility of people selling other units becoming upset by the City offering one. Mr. Aldrich said all will have a chance to bid and he wouid hardly get upset about this. He said if someone would want to sell the units, they could sell them for the same price. , The City Attorney mentioned if the literature comes from the City Fire Department, the people of the City will put more credence in the equipment than if it was offered by the sel]er. He said he felt if the equipment is tested by the Natior.al groups and there is a failure, the people would and should go back to the manufacturer of the equipment. The City Attorney questioned if the units would be available in more than one style. Mr. Aldrich said he is asking for bids on three types of units, battery operated, AC and photo electric. The City Attorney said three types wouid be available and Mr. Aldrich said yes. Mr. Aldrich said he is indicating the detection would b� done by smoke detection because the other types of equipment are not completely reiiabl�. He said it would be possible to have a different type of equipment such as a heat detector in the garage and tie this into the smoke detection system. ' Councilman Fitzpatrick asked if the smoke detection equipment could be activated by cooking smoke and cigarette smoke. Mr. Aldrich said this �aould be possible and the equipment can be adjusted. He added, he believed this to be a bad feature of the equipment. • Councilman Starwalt asked if a periodic test of the equipinent should be made to determine its performa��ee. Mr. Aldrich indicated the methods by which the 2quipment could be tested and said it is suggested that the equipment be checked monthiy. MOTION by Councilwoman Ku!:owski to authorize the execution of the Home Fire Uetection Program. Seconded by Councilman Sta nvalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously•. ' LETTER TO DTVISION OF EMERGENCY SERVICES FOR REGIONAL ACTIVf�TION OF STORM LdARNING SYSTEM: Mr. Aldrich explained the letter drafted requesting some action toward gaining a local warning system. Ne said ther•e is some question of whether ifie City should activate ' theif, warning themselves. Ne said he had been looking into this type of mati:er for tlae past 18 months in conjunction with the development of the railroad yards in the City. He mentioned the vast amounts of toxic and inflamu6le materials be:r�g moved by the railroad and the possibility of something going wron��. He said with the prevailing southwest summer avinds, there would be a threat to tt�e citizens nf that area. �1r. Aldrici� L said he wouid like some system to alert tlie community if something would go w�°ong in that area. He said he believPd the City should be able to act;ivate tlle warning system themselves. He said with the yreater amount of toxic niateri�ls being moved, the people would have to be notified in short order. He mentioned the costs for a iocal activation � program to be about $1,OOU for the installation and an 0"1QUllly cost of about $1,000 per year �or the service from the Telephone Company to keep the 1-ines open. The City Manager said this is basicall,y a tvao part consideration, one is the approval of ' the concept of the letter and the second consideration is the installation of the C�ty local warnir,g activatiori equipment. He said the second consideration of tiie local system could be discussed at budget time. , ' ' �� ��� � ! � Ptr. Aldrich said after the May 19 storm in the City he felt there shouid be a.nore local warning system. He aid the system is currently beirg activated when there is a tornado and they hoped to have the authority to also use the system with there are winds of hurricane force which would be in excess of 75 miles per hour. Mr. Aldrich said there is also the possibility of splitting the metropolitan area inta t�vo warning areas. He mentioned that there are two separate storm tracts, one on the north and one on the south side of the metropolitan area. He said he would agree that there seems to be a question of the vaildity of the warning if the system is activated in this area when there is a storm �in Egan Township. Mr. Aldrici� said he would recorrr�end that the Council author�ize the �en�iing o` �Lhe letter asking that something be done to localize the warning. MOTION by �ouncilman Starwalt to authorize sending the letter to the Division of Emergency Services for Regional Activation of stcrm vrarning systenis. Seconded by Ceunci7t•rcman __ � . 90 j REGULAR COUNCIL MEETING OF SEPTEMBER 8, 1975 PAGE 14 Kukowski. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Aldrich mentioned the possibility of the local activation being a regional operation with the cooperation of the railroad and also the City of Columbia Heights since they would have a vital concern about th� same conditions. He said even if the City would install the local warning system, the people would have to rely on the news media for details of the emergency. He said an operational plan would have to be established to determine when to push the "panic button". He said in some instances, something would have to be done very quickly and in other instances some time would be available to make the decision. He also mentioned that the Council could even be reached for this decision making process in many instances. The City Manager said he would like to talk to the railroad and Columbia Heights on this proposal. He said they could get together and get the total cost and make a decision at that time. Mr. Aldrich recalled in a L. P. emergency, they had been told in the past to evacuate up to 300 feet and now �,�ith the increase in toxic materials evacuation would have to be from 2,000 to 3,000 feet. He recalled that in a recent emergency, a railroad car was blown a couple of thousand feet. The City Manager said this consideration would be brought back to the Council after the Administration contacts the railroad and the City of Columbia Heichts. Mayor Nee asked the administration to work on this item and bring it back to the Council. C�NSIDERATION OF REQUEST BY LEAGUE OF WOMEN VOTERS FOR FUNDIN6 FOR DELEGATE F�R WATER'S EDGE FORUM: — Mayor Nee read the con�wnication received from the League of Women Voters. Councilwoman Kukowski asked if anything like this had ever been done before. Councilman Breider said the City had paid the costs for various commission members to attend seminars,but not someone from outside the City Boards or Commissions. Mayor Nee said perhaps the Gity should send one of their own people instead. Councilman Breider said if something like this got started, they would receive hundreds of requests for people to be funded as delegates. ADJOURNtdENT : t10tI0�! by Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 8, 1975 adjourned at 11:11 P.M. �,�^�� �`� t���., ��-� � Pat Ranstrom 14iliiam J. Nee Secretary to the City Council Mayor � Date Fldopted 1,�� � r-� �� �i � II _� � CITY OF FRIDLEY ANOKIa COUNTX, t�1INN�SOTA 0 NOTICE OF HEARING (iF ASSESSMENT FOR iREATMENT AND RENfOVAL OF 7REES Notice is hereby given that the Council of the City of Fridley wi11 meet at �he City Hall in said City an the 22nd day of September, 1975, at 7:30 o'clack P.M., to hear and pass upan a11 objectior�s, if any, to the proposed assessmenfis in � respect to the following improvement, to-wit: TREA7NfENT AND REMOVRL OF TREES ThP proposed assessmen� roll for each of said �mprovements is now or� file and ' open to publ7c inspec�ian by a11 persons interested, in the office of the Clerk of said City. � �t said hearing th° CCGIICI� wi11 consider wratten or oral objectians �o the prop�sed assessments for eacl� of said improvemer�;.�. The general nature of the improvements and each of them is the treatmert or � removal of trees ]ocated ir� the City of Frid�ey. Parcel 960 Section 12 �Parcel 4860 Section 1� Parcel �840, Lot 28 Ruditor's S�b. #77 � � � � � � Lat Z, �arcei 14Q t.o�ts 4, 5, 6,Biock 2 Lots 4 a�d 5, alock 3 Lot 13, Block 8 Lo�: i3, BTack 10 Lots 33 ancf 34, Block E ' Lots 1 and 2y Block 13 Lots 14 and l5, 61ock 4� Lots 16 and 17, �lock 7 Lots 18 and i 9, Gi ocf� 8 Lots 18 and 2 9, 61 oc(c 13 Lat 7, Block 22 Eas�t 1/2 of Lots II-� 0, B7 ock 25 Lats 7 and 8, 81ock 27 Lots 17 - 21, Blo�k 4 Lot 4, 81ock 4 'Lo� -2, Block 4 Lots'21-23, Block 7 (Parcel 4070) Lot 30, 61ock 8 � Tract C, Parcel 250 I l.o� 3, E3i ack 1 Lot 7, Block 1 �Lots 9- 12 ai�c� 16 - 24, B1ock. M Lots 25 and 2G, B1 ock ti' .l.ots 3 and �, alock X � Auditor's Sui�. �#94 City View Addition City Viecv Addition Donnay's Lak�v�e� May�or /��!dition Donnay's l.akevie� P�anot� Additian F��idl�y Park Addition Fi°idley Park Rdd��ion Hyde Park Rddi�tion Hyde Park Add i f;i on Hyde Pai~k Addit7a� Fiyd� Parf; Add�tic�n Hyd� Pari: Acid� Gion Hyde Park Addition Nyde Park Additian Lowe11 Addition Ostman's 3rd Adclition Parkv�ew Oaks First Addi�ion Plymo«fih Adclit�ion _ Plymouth J�dditian Registered Land Survey ;3 R.ice Creek Estates Ri ce Creek P� aza South P,e1d7 tiar� Riverview Neights Add�tion Rivervieti�a Neighf:s F�dditicn Riverview Heights �1ur.iitzal� 1 _ . • , - i � . !, � � � . �1. A ' Page 2-- NOTICE OF HEARING OF TREATMENT AND REMOVAL OF TREES . Lats 12 and 13,:B]ock Y Riverview Heights Addition r .Lat.&, Block � Riverwood Manor North 50 feet of Lot 7, Block 4 Shaffer's Sub. Lo�s 31 and 32, B1.ock 6 �: Sp�ing��8rook`Park Addition I' Lot 13, Block 1 Spring Valley Addition � The area proposed to be assessed for said improvements and each of them is ail �� that land benefited by said improvements or each of them and is the same as ' those listed above. '' Said improvements will be assessed against the prop�rties within the above noted areas. � A property owner may appeal an assessment ta the district court by serving notice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessm�nt and fi7ing such not7ce with the district court '. withan ten (10) da�s after �erv�ce upon the Mayar or C1erk. � PASSED HND ADOF'TED BY THE CIT�Y COUNCIL OF THE CITY QF F'RIDL�.Y 'fHIS 8th � DAY OF September . 19750 � . . _ � P�fAY0F2 �- WIl_LI,�M J. NEE : ' ATTEST: ' . � CITY CLERK - MARVIN C. ERt1(�SEL� , Piease publis� in thc Fridiey Sun on Septen�ber 3 and September 1Q, 1975. � . � ' � � "' . ' ' : . . .� MEMO T0: FROM: SUBJECT: DATE: NASIM QURESHI, CITY t�9ANAGER, AND CI7Y COUNCIL MARVIN C. BRUNSELL, ASST. CITY MGR./ FIN. DR. FINAL ASSESSMENT ROLL FaR THE TREATMENT AND REMOVAL OF TREES SEPTEt�BER l ] , 1975 The charges made under this assessment ro11 are made under the authority provided in State Statutes Chapter 18.023 and City of Fridley Ordinance No. 56�. Ther� .is a$25.00 administrative charge added to each parcel of land. This assessment wili run foN five years at seven and one-half (7 1/2)� percent interest per annum. All of the property owners hav� been notified in writing of the charges fior tree removal and have b�en given an opportuni�y �o pay these charges .in cash priar to adding the �25.00 administrative charge. �� �� 2 CONSIDERATION QF SP�CIAL USE PERMIT REQU�STS BY NAEGELE UUTDOOR ADVERTISING COMPAPdY FOR CQNTINUATION OF BILLBOARDS (Tabled 9/8/75) SP #75-0$, 8150 East River Road • SP #75-09, 7201 Highway #65 SP #75-10, 6029 University Ave. NE SP #75-11, 51 I. 694 SP �#75--12, 93 I. 694 (Set public hearing date) . � CITY OF FRIDLEY M E P�9 0 R A P� D U M T0: NASIM P�, QURESIiI , CITY ��ANAGER, AND CITY COlJ�dC1L FROP�: Mi�RVIN C. aRUNSELL, ASST. CITY i�1GR./FIN. DIR. SUBJECT: ISSUANCE OF WIt�E LICENSES DATE: SEPTEP�BER 19, 1975 Attached is a summary of Laws 1975, Chapter 345, Section 4, dealing with the issuance of wine licenses. This s�atute became effective Auaust 1. The fee for a wine license may not be more than one-half the license fee far an on-sale liquor licens� or $2,000, wr�ichever is less. Mr. Vi rgi 1 C. Herri ck �Ni 11 be present at th� Counci 1 me�ti ng ta answer any furtiier �questions you may haue on this matter. MCB : s h � � n iJ ' n U ' ' � ' � �' �J ' � t � ' ' tl�is is written, the Department has not issueci any proposed rules; however, they have indicatect that one ar�a which tivill be subject ta regulation +s thesize, lettering and canstructian of "smoking' and "no smoking".signs. Untif tf�at time, of course, any reasonable effort, including hand-letterec3 signs, will sufEice. - �olation of M.S. 'i44.4't4 is a petty miscierneanor. Any person convicted of viotating this provision is su.oject to a maximum fine of �ZQO. ttqvo� How daes a wine licens� dif fer frorn an on-sate liqccor license? Wine licenses, authorized by Larvs '1975, Chapter 345, Sectit�n 4, tivhich became effective August 1, may be issuecI �vithout numerica! timit in addition to conv�ntionat licenses. �hey may alsa be issued in a c+ty having a municipal. liquor dispansary. : Oniy a restaurant may be granted a wine ticense. Except as . to s�attng capacity, the same qualifications apply as for on-safe tiquor ticenses; the r�staurant must k�e "an estabiisnrnent, uncier t�e tontrol of a single proprietor or manager, having appropriate facilities for serving meals, ac,d wh�re, in consid�ratio» of payment therefor, meals are , r�guiarly served at ta6tes io the ' g�neral pub{ic, and which �mploys ( an adequate staff to provide the i usual and suitable service to its guests." It must have faciiit+es for ; seating at ieast 25 guests at one � time. The liquor control director is � intecpreting this tanguage as not ; permitiing the issuance of wine ; license� to clubs holding special ctub ticenses. ) Another difference is that a wine �{+cense permits only the on-sale of � wine not exceeding l4 per cent � alcoho! by volume in conjunction � witfi the sale of food. Stronger September 1975 wine and other intoxicating liquors stili may be sotd for consumption on the premises on{y under an on- sale Iiquor ticense. The fee atso is different in the two cases. A wine licens� may not be more than half the on-sale liquor license fee or $2,QC)0, whicheve: is tower. Thus, in a municipal liquor store city having no private licenses, onty the �2,OIX} maximum appties to wine ficense fees. � Unlike on-sale licenses (except irt a few special law situations), wine licenses must be approveu by the state liquor control director. As in the case of other tiquor licenses, the application form is prescribed by the liquor controt dir�ctor though the tounci! may require additionat informa�ion. ReStrictians on sales to mir,ors and to intoxicated persons appty. So does the statutory procedure. for suspension and revocation of liquor� licensees. There is no express requirement fo� a t�ond in the case of wine licensees. On-sale licensees nzust � furnish a bond of �3,000 to 5�5,000, the amount to be determined by the council, which may provide foc liability irisurance instead. This provisio� may not appty to wine� [icei�sees, but under the council's aufhority to impose stric�er � reguiatior�s, the councit may cnake similar provision for a bond by ordinance. The !'rquor control. director is inciuding a bond form in.the packet of materiat he sends to cities contemptating the Another ditference concerns , Essuance of wine ticenses. �unday sales. Sunday sales of all kinds of intvxicatin g liquor are permitted only afte� a papular vote � authorizing such sales and then onty by hotels, restaurants, or dubs holding on-sate . licenses. /� wine license authorizes ihe sale of wine on all days af th� week "un{ess the issuin� authority restricts the license's authorizatiort to the sate of wine on a1i days other thar: Sunday." nathing is said about a prior vote and the legislat'rve intention evidentty was to leave to the council, the issuing authority in the case of cities, sale discretion with regard to Sunday wine sales. The state liquor controt director is so interpreting t�e law. �Since wine is included in tfie definition of intoxicating liquor in the ��taee tiq�.�or control act, restrictions in tf�at act on sate and consumption appty to �vine sales by wine licensees. Restriction on hours apply to weelc-day sales. Presumabiy Sunday sates are limited to the hours between 12 no�n and midnight; at any rate, the council wi{I be within the law if it limit; sales to those hours. 3A� _, The ne��a authority for win� ticenses is not self-executing; therefore, any council wishing to issue wii�e licenses must adopt _ ' appropriate amendments to its .1iq�or licer,sing orcfinance. 1f the city has a municipal (iquor store buY� no private licenses �other than cfubs, the council must enact a new ordinance. Model ordinances are �avaiia6le from the Leagu�. FzSCO'S MUNICIPAL & aA.FETY EQtTXP�IEN� FiRE APPARATUS �quipment �x+id 5uppiies Fot�: • F}�tE & POLICE D[�AR'i"M51VTS UTILITY, EI.ECTRiC, ENGfNEE3i DEPAR7M�N7S �� F}SCQ ��=�:= , -, •�,.,. MUN1CtPAL � • SUPPLiES FiAE SA�ETY CbRPORA710P} 9308 S.E. Third Avenua P. O. Box 660 . Rochester, h7innesota 559at 507/288-3221 33 � � i � � a�DZNarrc� r�o. AN ORDINANCE UNDER S�CTION 12.07 �F THE CIT; CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Counczl of the City�of_ Fridley does ordain as follows: � SECTION 1. For the vacation of a poriion of a street easement described as follows: L_J , � � � All that part of the 66 foot sireet easement described as being tl�e easterly 66 feet of Tract C, Registered Land Survey No. 3, Anoka County, Minnesota, Except that part of Tract C, Registered Land Survey No, 3, Anoka County, Minnesota, lying northerly of the following described line towit: Beginnirzg at a point on the easterly line of said Tract C, distant 200 £eet southerly of the most southerly corner of Tract F, of said Registered Lan.d Survey; thence noxth�resterly to its intersection with the wcsterly Iine of said Tract C, said point of intexsection being a distance of 217�79 feet southerly of the northj�est corner of said Tract C and ther.e terminating, according to the recorded plat rhereof A1� �ying in the north half of Section 13, T-30, R-24, City of Pridley., County of A��oka, Minnesota he and is hereby vacated. � SECTIOI�1 2. T'he said vacation has been made .in confoz�rnance witri Minnesota Sta�utes and puxs�iant to Section 12.Q7 of the City Charter and App�i�dix C of �th� i�ity Code shall be so amended. ' � � � �J PASS�D BY THE CITX COiJNCIL OF TI-IE CITY JF I'�:IDL�"Y 'I'filS DAY OF ATTEST: Y97S. CITY CLLRK - b4ARVIN C. BRUNSELL Public Hearing: September 15, 1975 First Reading: 5econd Reading: P�zblish. . . . . . . . A'JAYQi: -- 1'�IL�,zI.?`�� J. N`r.� T� 4 C /3 _ i : ... . ..... _.:.. ;. . - _ _,� ,., . . _ ..___ . _ S-� 5 � `.6v� , o - ,p ; o-�- ° ,o ` ".3� -�''I �=-� n�c; _y„�3-_ „3 �'� `f 1'� � _ . �„ I ` � - ��- - � . � Gc : S �9 30 � �.�frar%c, ; � � � , ,..: "ia.. i � , ti� . •; � . . ;. ,, . . .:, � .. .. � � �� S. r - � v. � : � ; • ��. . ,cY•,:j'^. �. . � ' � � \ o �, , s f�r --- h (.Z.c'rV� (�1Bo% o�.�Z�� o�.2360� o�.?, 400� e � � i; Q J � •� � �` � 1 4 ..= d � � �_ 18 � !_9 2 Q h,, � �,� � L � �, o , � d ` - '— ' W ! `CQ �s°. � � ( o) ' �� "'- 0 0 —.___--.. _ _._ _ _ , _ o b � e 5. e . L'" 1te �, , _� .._.._. �a $ n � �� a�e" � 9 � 1 ;�a�_ �� j c `,�I , � , - --S76.i9 - -' --- � � � � v'� I ' /O �s 4 3�eio 1aC o1 - . � � �� ��{ € � � a�� $ p � �; ��] r" � 8 • ia ' � 1oB 07 ' � i3 � . � $ /4 . r ,� •3 o • r � � �PNQ ^" ; ` , SAU #75-07 VER�.YN VANDER �G �..g 25 t �._ ___-� � ' . - B °-' �43 � � 24 , � � �,�} � � �s.�J ( � ` ,��� ti � � ze , ' ,,,� �'� ; �� NO� v I � ,� � ��,, o • ; � � � � R �� � C k �, � � n� �n �' � �, �`� � � , I 3, � `'' � ��Q- ��e � //� ��, �Z / � Q r6� // ' �500% �,900� � (/.�!le�7,f '"'- 33 34 35 i -� -�: o -D �; f,. S�afC oi��: � ui tiusf ! F/oyd .�' �.�., I. a 3� ��, f � - � $ ; '�'�s � f , For/ien pt�rtor � ` _' -l�Za/%- �� ���'� N.d9"S9�T .+m � � _ � . . . . � : . �s-- �� ar. 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P � - /\Q I � `'� �A �. . -L �1 �'.s� {.: � _ Y v �,� o �� , r �, :,--.__ -.__ _ —..�_ _ ; +�� � , __ � �. � � �� `�'`b '•:,�'�_ r .�, ", dp� . +q � 22i.F} n"jvi+'-�a � � jy �4 . \ �K;' �,� - . ,,°'�Z �,�,r� SBBdtq� - `srg� B ' a.aE , i " / 3°�f i e', � a� o°, % �.�8 f�� g"Q'-�-- _ ��['�+ '/' / ' i e� a�hy^ f'� ' � `� (��: CC/�' � I .r - � � . v BP.?g - � � � ' ��� a?/1 4�7 6.if- , sq<^.: ... �4,t �¢ B� � � M A e�.+ 8� ,-- B _--_ r �� �� � o_r� . ;��-g, ,�( � �s � �,° �' _ �m° �� � 4�a° °'' ' rd� � 7 � �° _ e � —`�_ b � __ - (r000) s ��: � e � -- v '� � __- - �, �' � , h 30, �d � `% '�-.y��� � �...-�-� �3'�4 _'�-�'...3 � G� � r f � k�l� ri�tf0� s 6 Jlae�E ;. � � - � � � � . . G> 0 t� � � � a i � �' 17 /Jrr}�ioll 0� �roeG ~ Z.3 � ° P; ~ '� U r,r�K�� �S' � i ',�"'t,',�, `�� r�f i'L 0"'• Bo 39 � Z2 � h ,�� ,a ti � �n 99' —� � �_ \ g ) K � ` ' E'rr� 5 ; � � , t .. ) � � � es � w � � k. � �� F F� �3 B ' �`(� �O _____ _ :a�` r � ,� � � i� �a� �' . r �; r Qr ' �� s` ,> � �, . . � 4 � �: �. � '. � K 1 �.;� :�--�..�.�..� q�. _ _ ,° �, o , �e � r¢ l>$! � 83 �. n`n--'�-.'"��._��___ .;a� ��. I `� ^ --�4�- : .—.__. _ � � O wi v 7 � F - A B7 �L � 4y`,i �� .. :' I � � � ; /� � . �) 1 � d`` _ / . O ^ � �` � � 1 �.rf9� `� � � � a �; � � ' �;°�' G='�°J � '� � � . o � 1�' � ' � �6 j � > !, S e � ��� a �. � h �� ,` e + e ,: � a �? � '� �Az: C}•rlis /yl7r�- �, \ J • � � ; c' d �. ►� ° t i � �i� + � � � � 4 �Z � . . ".t o .._. . . . , i`� .l � i v. �, �' �. '<c.-C-�t 1� � ' h'4. �' _'`e., �� o !�4 �� � � ati �..e i,.� P( .P1 �_ � + b � o�...��".°°:x' �,.'- - � � � ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHART�R TO VACATE STREETS AND ALLEYS AND TO I�2�4END APPENDIX C OF THE CI'I'Y CODE The City Council of the City of Fridley daes ordain as follows: �� � SECTION 1. Por the vacation or a paxt of 47th Avenue NE that lies east of the southerly extension of the west line of Lot 16, Block 8, Plymouth Addition and west o£ the � southerly extension af the east line of Lot 16, , Block 8, Plymouth Addition; � � � � � For the vaca�ion of a Z2 foot alley lying between the easterly extension o£ the north line of Lot 30, Block 8, Plymouth Addition and the easterly extension of the south ].o� Zine of Loi 16, Block 9, Plymouth Addition, all lyi_ng in the south half of Section 26, T-30, R-24, City of Fridley, Coun�y of Anoka, Minnesota be and is hereby vacated, except that the City of Fridley r.etaiti a c�r.ainage anci utility easement over the north 23 fee�t of the south half of vacated 47th Avenue NE and retain a 12 foot utility easement in the vacated 12 foot alley betw�en 46th. Avenue and 48th Avenue. SECTION 2. The sa.id vacation has been madc in cQnforman�e with I Mznnesota Statu�.es and pursuant to Section 12.07 oi the City Char�er and Appendi� C of the City Code shall Ue sa amended. PASSED BY Z'I-I� CITY CQUNCIL OF Ti-iE GI'C7�' OF FRIDLEY THIS CA`I OF ATT�ST: CJTX CLEF�K - MARt�IN C. BIzUNSELL 1975. MAYOP. - 41'TI�LiAP�i J. N�F P�;bli.c Heaz�zn�;: Se tember 15, 1�J75 __ First Pead:ing:W ` Second P.cading: Publish........~ 5 � [1 9 ..�g�3 : _-���� . �v ir � . � ., `_ _._/s , ./� ..---� . �s _ �� — ��---_ s /7 , -- /� - — �/�I9�� � �_/'f� 9: .V. it c v a+���� �I��:�I?5�0 , I:_���� y - , �?�'y� • zC .s , �1�� r��7�?� _ Z�'-; �` ��g�- � . �7�°-------g-� ( - ._��� -����--- _�7, - zo�..� —}�1��0 - ��a�. `�f 7(`i'S t�4 �,� � , �-�;, ._..�.�.. � t { - y; :_�r ��_i_ = ` � � a . . /6 �I X y� � � ,�. /I , ^ � ,1�`�t�€. .�,l,19.t�J �� � / ' i'� •' 9 i'j � .: ' � 1.�Si3. l � � ..g � ' "L� � � y `i � 1 � j�) `� � " r� ��y �, � LEO LEMKE SAV #75- . 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I; 5 2 f� '/ /s i.: '^ :-! , �FJ � .,..;� - � - �, , S _ __._._ _--. _ _ ,� � • � ., ,. �� , � �;) �� „ �n�` ' �,j � N� 3� � "; ' ^ . _ „ _�..__.a.. cs�,�_w C, t ..! ..� ir . �_ .. . ,�� 1^'z .:._ � �..:".,r___. •a, o?.�� __ �'TS c:_ �°�--.�.�.,.«,.� _ . _.._-- -� {i�SJ) , �. iJ .,i r" �".�t.cX�_� � ��� � �� s� � I � � ORDINANCE N0. � AN ORDINANC� llNDER SECTION 12:07 OF TI-IE CITY CHARTER TO VACATE STREET5 AND ALLEXS AND TO AI�ND APPENDIX C OF THE CITY CODE The Council of the City of Fridley does ordain as follows: SECTION 1. For the vacation of a 12 foot utility and drainage easement described as foll.ows: All that part of the 12 foot utility and drainage easement described as being the westerly 85.31 feet of the southerly 6 feet of Lot 6, Block.l, Clark's Addition, together with the nortl�erly 6 feet of the westerly 85.31 feet of 3�ot 7, Black 1, Clark's Addztion All lying in the north half of Seciion 13, T-3�, R-24, City of Fridley, County of Anoka, Minnesota be and is herel�y vacated. SECTION 2. T'he said v�.cation has been made in conformance with ' Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code sha11 be so amended. PASSED BY THE CITX COUIVCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1�75e ATT�ST: ITY CLERK - MARVIN C. BRLNS�LL Pub2ic �iearing: Se��ember 15�, i97S First F?eading: Second Reading: Publish........ � MAYUR - WILLIAM J. N�E 0 rJ � � . . � (" f �.: ' . (( 1` . 1 �r . ) . ). �,�� � ! }17 �� .. _ ... .. ...... 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"i r ��,: : � � . .f. 9 � . !� �, . � ... . . .. ___._...._ ' -_....___.�... ,_...._,_....�...._ .. ... . �....... ____......_�____.-._...._ .. ...,. :. , .. ._.,_.�.._�`1.... _ "l .__..____. '9 �;� ' C.�..��� - ---.. ._�_ ._ _..,..�.__... .. .^...__� _ . � � . .. i�` _, � r.*,.,-»..N-...»..._*,-,. � . _ �....... . '....... _• � ......_. � ` ; 1 . •• � 1 .... i ••, �. ... 1...._... i. !.......... � a { i ! ORDINANCE N0. . AN ORDINANCE UNDER S�CTION .12.07 OF THE CITY CHAR'I'ER TO VACATE STRECTS AND ALLEYS AND TO AI�9END APPENDTX C OF THE CITY CODE The City Counci2 of the City of Fr•idley does ordain as follows: SECTION l. For the vacation of a por�ion of the 12 foot utility easement described as follows: AI1 that part of a 12 foo� uti�.ity and drainage easement being the southerly 6 feet of Lots 1 through 5, Block 1, Osborne Manor 2nd Addition, together with the northerly 6 feet of Lots 8 through 12, Block 1, �sborne Manor 2nd Addition all lying in the nar�h half of Sec�ion 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant �o Section 12.07 of the City Charter and Appendix C of the Ci�y Code�shall be so a.mended. PASSED BY THE CITY COUNCIL OP THE CITY OF FRIDL3:Y.'THIS DAY OF , 1975. MAYOR - WILLIAM J. NEE ATTCST: CITY CI�Eki: - P�1AP.G'IN C. B?�tIIVSELL Public licax•ing: Septe�nber 15, ].975 First Reading:_� _�_ __ Secand Peading: Publist��. . . . . e . . .� -' �; 1 _1 ' � ��° f''}�.� �x � � x`* T 3�..* k .. 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" ( 5 s�. i h � � ��'`' � " ,� ~:4�--°' -.�1;'s::f-.r:a ,. < w���,� S ,� ,o �', n� Ilry �r .f•'4' y-�� ,e iw,9f 1 �" Z ° ` � �� C� � �� a/���� b �� � �� :� � s � 4 � 3 �3���;�,� �. :°r� , ��� � � �.�� �,�,�3 '`; .3�1� -��'( '� � e A � , ,.� `� �fi;� �'`'�� .��° r t . S t�' f w n.; f^�` ��� �� . f32 v'" � . - ssq�op �,. , �rT . �•'�t'' s'w� � �i�^.Y O � � ��y ;�Y �. .��.�.�•.�-'- . ♦�T � � d .Y7 � �� �� �➢ c __ ___ � � 7 !� � � �; , F�iL1L. �"'� � SAV #75-09 ' L.S.#75-05 ,� �;�: � --_ � � ! � �/ CO NEf�' _ . �.L..."t- �' / ` 1'�-lt..lo=---jr, ' . -��o�-:,,, ----- � �-€}E:��=�Y ST�-��'E _ �� iov ae d � . �igo 0 0 � ^ h ,, �yA � U ��� r � �1 k. h /�o a : P'.�AL Y2�S . �,-�� V" I 76 - - � _ � 3� ._�� /.� ��493� . � ' - ::.. � � ,' i � � s. .� s �� y �'�,, �. .`r;,'`� y ~_.:�57{, ��.�".�".�°`�.,°��`�`. 12 Faot �asement Qei�g Vacated ., !1� �a� $ :. , � � I r-' � t� .� - o �� e ` ��;, ` �<�bk �� �;; • � — __,�> ; "' `, _ - , . ��- �- ���-.�*�-,��p-.��.�►.�: ���W; IZ � G�� taseme��'�_. �� � _ _ ,�� �, 7 75,.� & 1' � li �S.i F � � f °s i.l„� . . . . -__�_ _ . . I ,ls � .—._..'>'. . _- , ---�5---- � ' � ,�`\ _ '�: . � _ �':i �� �t � 'ISS�? ', ' G. , l�7 ; �, � , � � ° �... ; �artion �i ng��pT�i t Off �`� � _ W _;.�._ :�f.______ !a.! o ra �, ..>___ — t �� —`� �sya�., �,� �� 'I� �, � 1;; �' .. !! '` S � `� x_ Oo,sy .. s .::in_=�`e. v, I3 � �^.. �� Ac. �� — � _[tf . _ ,;�. _1!f_—_.__ � f tz ,j � �1S3y �I � ,���� � E � � � � �,> -- 11f _. -- -��----- 'I r, , ~ [�7 �a u' ,�'1S•Z6 ��..a. � ��%1�iJ� ' FN`, 1 `� si ! - f___. . ..�f� _. � � -' � - . .._�,...__Uf . �.. (� � !G � JJ Y' � �S 1 �J�, S' . . . . , � � �. �ii' � � � � \ � _ �� / i si� ___ _ " So � � ; .3 y � �,7 , ��� �_ ?S °�, � j.. ��s . __._nf------- � � '7_5 0 / � ,� 50,2. �, � f �IV�- i:; �f.1,:�J��� �.. ��.dp.1r\ fJ . ��td 61 y /G � � � _ ' f ,� . ,< . // , /� � V � , , . . ._.. .......�..,��..�..... r' ' .. _ tra..f.v l5�ii __��'__ _�� -'— �__� --—�• -- --- .• °. ., � �'. ��i � � -*Af/P�.. f i+l - N,t t� -- �-"�CS - ...,b"_""'..._y"4"°�'�". t^�.,.r. ��,...:..e.. s.3a .�.•.m,✓ /:s ir�� i�e � �jn. i � w � / ' / ��11 ao�„' ���f z �0 �Z `� �;. � � � �J .. �,_ ��... �� � /Y°r1'/i v i � • �� A � /R��� �/P �- �. Y��'� , �-�'���f� k'��t� . s K�.��A��' „ I �� S t� l� �., t� � � � � �19�. 16:� g5.� �. ,?�l ���� ) o �`��d5�4 � � i � RU , s ° ����-° 9�Sq G�/(��("�� �o ° (�.',yb-i' . - Z �''� F3� ° �,�� ! � ¢ �'�j } � �. �"I�lry �� �� i , �o� , � 5�3\� 0�l 4�5 Oi��' O� � �_ ---•- � ��pf,� / � ,�o ��v .` . _^_Pn . � 7 t.�,�� � ORDINANCE N0. AN ORDINANCE UNp�R SECTION J.2.07 OF Tf-iE CITY CI-1�1RTER TO VACATE 5TRE�TS AND ALLEYS AND TO �h9END APPENDIx C OF TI-IE CITY CODE 'I"Ite City Council of the City of Fridley does ordain as fullows: SECTION 1. For the vacation o£ a 10 foot u�ility easement described as follows: All that part of the 10 foot utiJ.ity and drainage easement being the eas�erly 5 feet of Lot 6, Block 1, Brookview Terrace 2nd Addition, except the northerly 5 feet thereof, together with the westerly 5 feet of. Lot 5, Block 1, Brookview Terrace 2nd Addi�ion, except the northerly 5 feet thereof All lying in the north half of Section 13, T-30 R-24, City of Pridley, County of Anol.a, Minneso�a be and is hereby vacated. SF.CTION 2. The said vacation has been made in conformance wiih Minnesota Statutes and pursuant to Section 12.07 of the City Charter and l�ppendix C of the City Cade shallbeso amended. PASSED BY THE CITY COI7IvTCIL QF THE CITY OP PRIDLEX THIS DAY OF , 1975. MAYOR. - WILLIAM J. NEE ATTEST: CITl' CL�R�: - I�iRRVIN C. BI�t1NSELL Public itc;ara_ng: Se tember 15, 197, Fa_rst Reading: Sec�i�d ReudirLg: Y Publis}�........ __ ___.�_._ � � ;'���.�.� .��.:'wr.iRM �" �ra��)w+,.'_� I�� ��; t ..a � <: � r h ; . :/ i3' �` -� � � �� � , i .�'_ I b .�Y1. � ��.F J � , � hy • o �-�° - . �'� �' ' ��,�� /• � � � a . ryt, 1 �.y/ � , � o:a 1 P.. �L' I � � � � � `�'.• � �� • ''� � �h, ,'� . 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'p � ,� "' � ` �� �. � r°�.�:�„ ���� 'V z�z -�'• ..z/.i�il � .:'ti' ^ i,. f i ""_� ^� i.y �`p� �� ..�_..�- . J \� � a �. �' `"� !��,� l.a.i ' �� V • � :� :i ? .i 4" � � 4! 0 1 �...�. � � 3 .' a � °"• �. �---�-- ��--- � 0 --- r ��-.'"� -� � - -- - � i k, _ ' 1�. h o � i �' N , �.s,• `� �.�h. � ; �=-�:''� � ��`4� . i � ? �� ` € . ��n, m� �` p ` h \ \ 6.L i �._� b p J 2 S ` " a/S_ �,__�._ � _ .P_ - - .. � .. _ oc . }I•. r..�, �'"ti 0 `- —. � 6f -___ : � - � t _. `,�:: .�•,.�.>., n; � °o , r !! ?r ti � o •a � � �. � o ,wo i \� `tGy e , o-� yqv'.sr�iu`r.: t _f..,.. - -_.._. _er o _lii1( �_ u ___.y__.__.. ..__ y{ . .� � �i+\ � A ...._.__� O ,� .Q1 i`�� � r'> �y ','±n t�°.. ' i 1 ' RECEIVTNG THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 10, 1975 ' Included for Council Action are: ' 1. Appeals Commission Minutes of August 26, 1975 ' 2. Parks and Recreation Commission Recommendation of August 255 1975 3. Planning Commission Minutes of September 10, 1975 ' ' � ' ' .' ' ' ' ' � � 0 � _ _ . . _ ., -w��.-..,.. MINUT�S OF 'I'IiE 11PP�ALS COMNiISSION ME�TING OI' AUGUST 26, 1975 • The meeting was�called to order by Chairman D�igans at 7:35 P.M. . . . biEMi3ERS PRESENT: Drigans, Gabel, Kemper, Plemel, taahlberg •' • t4EMBERS ABSENT: None . � • - OTHERS PRE5ENT: Howard Mattson, Engineering Aide . 1. � 9A APPROV�IL OF APPE�ILS CO:�IMISSION MINUTES: August ]_2, ].975 . N,OTION by Wahlberg, seconded by Gabel, to approve L-he minutes�of .the August 12, 1975 meeting as wri.tten. Upan a voiae vot:er there be9,ng no i�ays, the mat�.on carried. A Rr9UEST FOR VARIAI�ICES OF THE FRIDLEY CITX CODL AS x'OLLOt�'S : SECTION 205 .134 , ' _ 4C, TO REDUC� THE REAR YARD SETBACK FROPd TFiE REQUT.FtED 25 FEET TO 4.5 F�ET, AiJD, SECTION 205.134, 4B, TO Ri3DUCE THE SIDE YARD SETYhCK FROi�1 THF: F2EqUIRijD 20 P'EET �Q ZERO FEET, TO ALLOW THE CONSTRUCTION• OF A NEW OFFICE WARI:Fi0U5`.: 7'O BE LUCATED ON LOTS 6, 7, 8, ArID 9, BLOCK 6, ON_AWAY ADL�ITION, THL Si�;�4E BEING' 7741 BEECH STREET N.E., FRIDLEX, MINr]ESOTA. (REqL'�ST BY PACO, T.PdCURPORATEn, 5520 Y.IRK��'UOD LPNE r:ORTI:, r1INNEAPOLIS, MIiv'�IESOTA 55442. ) • � � ����~� " • ':z ,2fOTTC?;� i�y Ke�per, secozid.ed by Plemel, to open f:hc. �auhlia hea.ra.nc,r. U�on a voi.ce vote, tti�re being na nays, tki� motion carxied. � Ms. J.erxy Pu�c?zl:e came farward to explaiz� his r�quc5t_ H� showed L•he Comm�.s�ion th�e plans aac� G�cplained w2�exe the two variances wau�.d be. � Chairznan Driqans asked wha tx,e proper�y awra�x's wea`e �o the� no�'th and. sauth o� this property. Mr. Paschke stateci that th.e }�rope�t� to the nc�rt:h was owned by Mzs. Ran Smith.and t,��at the t;�ao lots'to the soutl;. ��rer.e a�aneci by Ac�i.ar. }?att.exn. CompanX. Chairman Dri.gans asked i� N,a�. Faschke had. an agxeemeni: wit.h i�irs. Smith regard�.ng the zero �ot la.ne canstruc�ian ne�:�G t�a her property. Mr.. Pasc.hke said .he was worka.rtg on it but MM�:s. Sm3.th�was not f;.he e�siPS� person t.a d�.a�. wi�h. � . Mr. Mattson exp].az.n.ed brie£l.y tt�at �here wer� mit.ic;ati�zc� air.c:urr�st:dnces i:o the . present situation. The property. in qu�s�ian �ieas unti.l xecent_a.y otimed by 'Mrs. Smith: The transfer af ownershi.g was �..n �ef%ec� � form of payraent far work done on the property by Mr. Paschke. This �r�rY: c,=as �contrae�eci for by Mr. 5ma,th �ho taas delinquent in paying the bill. I�Lr. Srnit.lY died last yEar leaving Nlr. Paschke in the position of having to deal with Mrs . Srtii�h . � �� Chairman Drigans asked Mr. Mattson to read tlie sec��.on af the Code deal.ing with zero side I�ard s�tbacks on industrial property. Mx. Mattson read from section 205.134, 4B3 as follows� No side yard is required where a cUmmon wal� is . provided bety�e�n t�vo buildings, which meet fire standards. � Mrs. Wahlberg stated tliat it has been City policy to ask £or an agreement between adjoining property owners where a zero side yard is proposed. The , agreement requires that when the second buil.ding is bua.lt it must abut the •existing on� or be built the sum of both side yards distant (40 teet in.this case). '� Chairman Drigans asked Mr. Paschke to explain the hardship behind the second variance asked�foz. Mr. Paschke explained that the only way he could orient .the building on this piece of property was to place it as he has proposed, �� utilizin� the rear yard and the north side yard for the buildinq, leavinq the ' �soutli sicie yard for parking and loading. The right of way in the rear has been ' • . � f��:it vx r riaLe �� • � 9� � Minutes of the 11 eals Commission Meetin of August 26, 1975 P� � r . vacated,which makes it useless for accessibility. ' Chairman Drigans asked what percentage of lot area was covered with this .� building. Mr. Paschke said 40 pexcent.�I-�e explained that because of the lot'size iricrements in the Onaway Addition it was very difficul� to utilize �.the space economicall.y withou�. asking for variances. � , /� �. . , : Chairman Drigans asked Mr. Paschke if he had talked to Mr. Houser.'s ]awyer as . Mr. Houser had called rlr. Dric�ans at his office earlier in the day. (Mr.�Houser ' is the proper.ty owner to th.e rear o£ this praperty). Mz. PaschY.e said he ha.d nat talked with him. - ' MOTIOri by �leme]. t.o close the public heariz�g e Secanded by Gabc7_ . Upon a voice vote, there being no nays, the motion carxied. 1 .Chairman Drigans asked for discus�ion on fihi.s reguest. . _ . Mr. Plemel stated that he didn't think the Board should criticize the use of � . maximum .lot covE>raqe on property such as this when .tlze ocaner is s9_mply tryislg , _- to maz;imize the potential of a di£ficult situa.ta.on. � Nirs. Vfahlberg questioned again the zero lot line arranqement and fPlt that� an ' agreement should be part of the motion. �• MOTION by Wahlberg to recommend approval of these va.r�iances to the Counci.l with , th�'stipulation that a signed agreement per the zero lot line pol.icy of the City be on file in the City offices before any bui.lda.ng permi�L l:�e issued. Seconded , by Plemel. Upon a voice vote, �here being nc� na.ys,. Lhe motion c��r.ried. li �� �v,7ov�u�r�NT ' . . . . . . _ . . - . . _ . ' _ The meeting was adjourned by Chairman prigan.s at €3sZQ P.M. ; . Respectfully submitted,_ ' '. � � . • � ' � . • � `.,,.----� . -�2 �`r''�I . i �� '� � _ � . '� ow� ruaTfiso�r' ^ . . Acting Secretary _ . . , � ' • • ' . • ' � � . - •� � • • � _ ' . . , � � � , . � � .' ' . . � ' : ' ' . _ � � ' ' . , . . . . .. . . . . = - 1 � , •• , . • . � � � ' � � � CITY OF FRIDLEY ' � � PLANNING COMMISSION MEETING SEPTEMBER 10, 1975 CALL TO ORDER: Chairman Harris called the meeting to order at 7:30 P.M. ' ROLL CALL: PAC�E 1 Members Present: Harris, Scott, Bergman, Langenfeld , Members Absent: Drigans, Peterson . Others Present: Virginia Wahlberg, Vice Chairperson of Appeals Commission Darrel Clark, Community Development Adminisirator ' Steven Olson, Environmental Officer � �� APPROVE PLANNING COMMISSIOf� MINUTES: AUGUST 20, 1975 Mr. Scott said the Ordinance number on page 19 of the minutes should b� No. 584 instead af 594 and on page 2l of the minutes ihe date in `�he first paragraph should read January 1, 1969 instead of January 1, 19s0. He said these were just typo5raphical errors. MOTION by Langenfeld,•seconded by Scott, that the Planning Commission minutes , of August 20, 1975 be approved as•corrected. Upon a voice vot�, a11 voting aye, the motion carried unanimously. � ' REGEIVE HUMAN RESOURCES COf�fMISSIO�! MINUTES: AUGUST 21, 1975 f�r�s. Wah1berg said she toak exception to the statemen� in �these minutes �hat no other subcorrgnission had addressed themse1ves to �he problem of th� billboards. She said as she was representing Mr. Drigans at this meeting, she thought she should sicate that the Appeals Cormnission had spent a lot o� time discussing the b�illboards. ' Mr. Scott said he hadn't seen any of.this d�scussi�n reflected in any of the minutes since the reorganization of the Planning Commission. Mrs. Wahlberg said their discussions were most1y before that time, but Mr. Drigans had discussed this with � the Appeals Commission after �he adjournment af one of their meetings. She�said their regular secretary had been on leaue of absence, and they had had a series af temporary secretaries so their minutes hadn't always reflected the discussions they had had. ' , LJ ' � Mr. Scott said the point he was making was that the Commissioners were not voting the consensus of the other members of their Commissions. He said this was based on what was in the minutes of these Commissions which was all he had �o go by. He said there would be some corrections to these minutes, but they would be included in their next minutes. � MOTION b� Scott, seconded by Bergman, that the Planning Commission receive the minutes of the Human Resources Commission meeting of August 21, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. RECETVE PARKS AND RECREATION COMMISSION MINUTES: AUGUST 25, 1975 MaTION by Wahlberg, seconded by LangenfeZd, that the Planning Commission receive '� the minutes of the Paxks & Recreation Commission meeting of August 25, I975. Upon a voice vote, a11 voting aye, the motion carried unanimously. ' ' ' , � J ' � ' � � ' r ' ' , � � L� � • � planning Commission Meeting - September 10, 1975 Page 2 h1r. Clark said there were two items in these minutes that originally requir�d action on. a. TR #75-02, by Arnold L. Aune, 6321 Jackson Street N.E. for permission to remove a tree f rom the boulevard. Mr. Clark said Mr. Aune had called him about this tree the day of the Parks & Recreation meeting. Because they only meet once a month, he advised Mr. Aune �o attend this meeting with his request so that if he needed the approval of the Parks & Recreation Commission, and the Planning Commission and Council, in order to compiy with the tree ordinance, the process would have been started. Mr. Clark said that since that time he had received a legal opinion from Virgil Herrick on this request. He said that in a memorandum to Richard Sobiech from Virgil Herrick dated September 5, 1975, Mr. Herr'ick had stated that he was in the opinion ihat the trees on street boulevards were on private property, inasmuch as the adjoining landowner owns the fee title to the property. The City mere1y has an easement for street purpos�s. He did not feel that this situation fell within the scope of the City ordinance prohibiting the City from cutting trees on publicly owned property. Mr. Clark said Mr. Aune had been sa advisea. MOTION by Bergman, seconded by Wahlberg, that the Planning Commission receive the memorandum from Virgil Herrick to Richard Sobiech dated 5eptember 5, 1975. Upon a'voice vote, a.t1 voting aye, .the motion carried unanimously. b. Hockey Association of Fridley requ�st to appear before Councii to discuss havin4 ice maintenance do��ie at night and ather aspects of the Hockey program. Mr. Clark said this second item was more a budgetary item between the Parks & Recreation Department and the City Council. Mr. Scott said he just wanted to voice his conGern on how the money was spent in the recrea�ional program. He said he was not concerning himself with established budgets, or�trying to slow anything down, but he said that in considering a new budgel;, it should be watched .so►it�did not�violate the Minnesota Human Rights Act. Mr. Narris asked if there was anyon� present from the Hockey Association. There tvas no response. RECETVE APPEALS COMMISSION MINUTES: AUGUST 26, 1975 MOTION by Wahlberg,,seconded by Bergman, that the Planning Comraission receive the minutes of.the Appeals Comrnission meeting of August 25, 1975. Upon a voice vot�, a1Z voting aye, the motion carried unanimous.Zy. � RECEIVE COMMUNITY DEVELOPMENT MINUTES: AUGUST 27, 1975 MCITION by Bergman, seconded by Wahlberg, t�iat the Planning Commission receive the minutes of the Community Development Corrunission meeting of August 27, .I975. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Bergman said there was an item in these minutes which he would liKe to pass on to�the P)anning Commission and this was in regard to Ci.ty Code:violations. '6Je had ' a discussion from a Community Development base on housekeeping violations,.;qu3sance violations, etc.; the thrust being, that the City depends. too much upon priva� citizens to call in complaints� without wh�ch nothing happena.. An idea was agreed to t�iat �t 1 ' ' ' ' ' r- �I ' � Cl � ' ' ' ' ' �I � 9F Planning Commission Meetinq - Sepember 10, 1975 P�e 3 would be a benefit if City administrative people, who normal7y during regular business hours, spend some time driving here or there, throughout the City, rather than just passing by, be advised that they have a responsiblity when they see ob��aus violaiions to the code as regards housekeeping and nuisance vioiations, to report these to the proper people so that action could be taken, without having to wait until some neighbor ge �s alfl! upset before he cails City Ha71 in a,uery ir.ritated fashion, before �so�e-action was taken. � : MOTION by Bergman, seconded by Scott, that the Planning Commission request of Council that members of the City administration be asked to be attentive to the housekeeping and other nuisance type violations during their normal business travels and that these people be advised that they have a responsibility to report these violations to the responsible people at City Ha11 so that some action may be taken. Mr. Langenfeld asked Mr. Bergman if he,wa� suggesting that this be a'drive-by' inspection? Mr. gergman said he would have to know Mr. Langenfeld's definition of a drive-by inspec�ion. Mr. Langenfeld said that if they were driving �he normal speed limit, he d�dn't think they would see the violations. He said he wondered if Mr. Bergman was trying to make the staff inembers a p�trolling un7t. Mr. Bergman said his answer would be in the affirmative, but in a secondary vein. This would not be their primary job. He said that this was the intent of the motion. ' Mr. Harris said he thought Mr. Bergman shou1d define staff. Did he mean a11 City employees or just staff people. Mr. Bergman said the intent of the motion was to include all employees. Mr. Clark said that if an.employee saw.�a�dog running loose and it wasn`t bothering anyone, or saw garbage cans on a curb, they probably �Oul.dn't report that, but if they saw a tree down in the boulevard, or a blind intersection, or something of that nature, they do report it to the proper people now. Me said that what had happened in tP►e past, when we have gone aut knocfcing at doors and askiny people to comply with the ordinances, we got accused of harassment. He said he thought there were just as many code vioiations in Fridley as there were tr�es, and it had taken several people just to enforce the tree ordinance. Mr. Scott said the Council has already addressed itself to this problem. He said this was in the Newsletter. Mrs. Wahlt�erg asked Mr. Bergman v��hat prompted this action by the Community Development Commission? Mr. Bergman said one of the Gaals of this Commission was to make Fridley an inviting residential area. From that base, one of the members brought up eye-sores, nuisances and trash piles, etc. and when he asked why something wasn't done about this, he was told that apparently no one had called up and complained. 7his member said that what�he was referring to was a flagrant violation, and he thought that City employees who drove through this area, couldn't help but see it, and he thought they should report it, rather than a neighbor, and possibly start a neighborhood feud. They didn't think that an obvious eyesore should have to wait until a neighbor got so agitated that he called�City Hall in a huff. Mrs. Wahlberg said it was her opinion that this was already a staff policy and all it would need ta be was a restatement that this should be done. She thought this should be a reaffirmation rather than a watch dog or a police state. Mr. Langenfeld said he understood the intent of the motion, but he personally felt this was the worst sort of public relations we coutd have, and he could not vote for this motion. Mr. Olson said that he handied most of the compiaints they were talking about in this motion. Ne said he relied on the police and the inspection department and other � �J � � I � ' ' �1 i � r , � ' Planninq Commission Meetinq - September 10;�1975 �'� �'� "' " Page 5 Environmental: We feel that the proposed project will improve the quality of the surrounding area, and will be an asset to the areas, as well as provide the impetus for more area beautification projects. Building Permit Stipulations: 1. All curbing and �andscap�ng shall be complete one year from the date of the issuance of the building permit. 2. Landscaping Plan must be improved by the Planning Department before the iandscaping work begins. Mr. Ciark said this was the Phillips Se�°vice Station in the Holly Shopping Center. He said that the canopy that now goes over the pump island will be removed. Mr. Clark said the plan he was presenting was a plan the,y had brought in about a mon�h ago, and since ther� it had been revised. He said the brick shown on the front of the building underneath the windaws will be continued around �:he sides and the back to the entire building will be brick facia, instead of stone. The gabled or pitch roofs are not going to be placed on it. It wi11 remain a flat roof, but they are � going to,put a mansord around the structure. The staff fe1t that this would be a big improvement to the area. Mr. Bill Martin, representing Phiilips Petroleum Company, asked if live landscaping meant that they had to have plantings along with the sod.• Mr. Clark said the landscape plan would have to be worked out with Mr. Boardr�ano Mr. Martin said it was hard to maintain planti�ngsin an oil station area bec�use of the piling of snow in the winter. Mr. Clark said there were other trea�ments that could be used. Ne said they could probably use large bou1ders with pasts ar�d rock, or plants that only require maintenanee 2 or three times a year. • Mr. Clark said •the area behind the station would be sodded. Mr. Martin said they wanted to reduce the sodding behind the sta�ion so they could have three more parking sta1ls back there, and they would reduce the parking in front of the station by three stalls. Mr. Ciark said he thought that could Ue worked out. MOTION by Scott, seconded by Wahlberg, that the Planning Commission receive �3?�d approve the administrative report for the xemodeling of the PhilZ.ips Petroleum Station at 6500 University Avenue N.E. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE ADMINISTRATIVE STAFF REPORT: 7421 Central Avenue N.E. Proposed Office building with storage area By: A.J.L.S. Investment Company General Description: , This permit is for the constructior� of a new two sta�y �ffice builuiny � with accessory storage facilities at 7�121 Ce�t��al l�venue N.E. The I3:�i�d71iC� will have appraxin;ately l0,QQ0 square feet of office spac^ �vi�:h 9,54Q square , fect of stor��ge facilities ��rhich are accessroy to the oi=fTCe iise. �Th� pr�p�rty is presently zoned C-1S and meets all of ihe re�uiremen�s of tii� district. The buiiding vrill be a block buildi��3 ���ith desig�� v�ria�t�a; ; in diff�,rei�t �. decorative block. They t��ill be providing a to�al parkiny rupaci�:y �'or 4�� stalls. (�44 requ�irer]). The landscaping is aj�pr�ved �ccording to 1:he approved site plan. � ' � ' Planninq Commission Meetinq - September 10, 1975 Page 4 9 G departments to alert him to problem areas in Fridley. He also relies on citizen ' input. He said he tried to be very reasonabie in iaking care of these problems and tried not to upset the neighborhaod balance, because the first thing he was ��� asked when he responded to a complaint was "who complained", even when he noted the violation on his own. Mr. Bergman said he didn't want to get into an argument on what the City ' does and does not do, but the sense qf the motion was that they rely too much on citizen complaints. Mr. Scott said he was glad he had seconded the motion so they could have this r discussion, but he would ratk�er have it a reminder to the City staff that they should be aware that code violations should be brought to the attention of the prop�r.staff person. Mr. Harris said he thought they might�be opening a can-of �voi�ms, because he. ' didn't think there was any bui1ding in Fridley that wou1dn't violate the Code in � some instance. Mrs..Wahlberg said she would go one step further and say that there was not one citizen that knew a13 the ordinances in the Code either. Mr. Clark said � he knew that the City employees didn't. Mr. Harris said we may run into a situation where we have 33,000 people with 33,000 violations. He said he felt the low ke,y approach of Mr. Olson was the best way to handle these violations. Mr. Bergman said 1Ne aren't asking for nit-picking or witch hunting. We are talking about flagran� violations of the City Code. The motion was reviewed and Mr. Bergman said he would withdraw his motion and make a new motion 4vi�h the concurrence of Mr. Scott. ' THE ORIGIiJAL•�.MOTION by Mr. Bergman, seconded by Scott, WAS WITHDRAWN. MOTTON by ��x•.gm�n, seconded by Scotf, that the PZanning Commission reco7nmend to Council that members of the City staff �ahile in the coux'se of their noxmal work, y�?ho may notice flagrant violations in housek�eping and nuisance violations, be requested to report same to the praper:City officials, and that these City Administrative people be alerted to an awareness of this responsi�ii3if�: Upon a voice vote, a21 votinq aye, the motian carried unanimous�y. RECEIVE ADMINISTRATIVE STAFF REPORT 6500 Uniuersity Avenue N.E. Phillips Petroleum Company � Ceneral pescription: . � . _ _ This permit is far�the remodeling of the exis�ing Phillips Service Station at 6500 University Avenue N.E.. 7he remodeling calls for -the eTimina- . tion of the existing projecting canopies, the construction of a new ranch �� style gabled roof.sto�e facing on all four sides.of the building, and the - � installation o-F decorative lighting fixtures. It v�i�ll also pro�►ide for additional landscaping on the property and the pouring of concrete curbing. • Engineering:� . � We don'� antic�pate ar�y engineering problems with this property. �� Traffic flotiv will remain pretty much like it is and i•�ill continue to flow relatively smoothly. � • • � . -. 0 � ....:.........�... ���:.... 9H. Planning CommisSion Meeting - September i0, 1975 ��Page 6 ' ' � � � �I � ' �� � � � �� � � � � ' � Engineering: There doesn't appear to be any major engineering problems. Drainage on the South parking lot will have to be studied further by the Engineering Department for appropriate recommendations to the builder. ' Environmental: .We don't foresee any detrimenta'I environmental effects with the constructian of this project. Building Permit Stipulations: � 1. Work with the Engineering Department in order ta facilitate appropriate drainage off the South parking lot. Mr. Clark sa�d this p�an went through the Appeals Commission, Planning Commission and Council, because there were variances needed, and now it was coming.through.;wi�th the final architectural plans for the building. He said the Planning Commission may have reca1led that when this got to the Counci1 th�re was some concern over the storage area behind and East of the office portion of the building. He said this building would be used by eiectricians, plumbers, and other such tr�ades, where they would need a storage area for their vehicles and praducts. He said we have read the ordinance and expiained it to the petitioner, He said the storage:area was an accessory use ta the office building and meets the code. Mr. Clark said this wQUld be a 2-story office buiiding and there would be a 6' high fence between this office building and the residential area behind it. He said the reason they ne�ded a variance was because this building was surrounded by streets on three sides. He said the petitioner would not be using berming,,and they' were trying something different, in that there would be hedges instead. He said the driveways would be on Onondaga and Fireside, with no direct access to Central avenuee He said th�s building shou7d not generate high volume traffic. � Mrs. Wahlberg said there had been discussion ai the Rppeals Commission level about someone doing light industrial work in this storage area. Mr. Clark said he could give no guarantee that this starage area would never be used for that, but �here was a need for this type of comr►tercial building, and if it was.used for that, it could be stopped. Mr. Scott said he thought this was an improvement to this general area. MOTION by Langenfeld, seconded by Wahlberg, that the Planning Commission xeceive and approve the adminis�rative staff r.eport for a commercial building to be Iocated at 7421 Central Avenue N.E. U,�on a voice vote, a1.I voting aye, the moti�n carried unanimously. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-23, 8Y PETER J. LONG: Per Fridley City Code, Section 205.051, 2,A, to allow the construction of a second accessory building, a 13' x 22' garage, on l.ot 11, Block 4, Rice Creek Terrace Plai 6, the same being 6721 Madison Street N.E. Mr. Long was not present. MOTION by Scott, seconded by Bergman, that the Planning Commission open the ' . , ' � � , � �' � � 9j Planning Commission Meetinq - September 10, 1975 Pa9e 7 Public Hearing on a request for a Special Use Permit; SP #75-23, by Peter Long. Upon a voice vote, a11 voting aye,. Chairman Harris dec.Zared the Public Hearing open a� 8:40 P.M. . Mr. Clark said this would be the second accessory building on this praperty . in excess of 240 square feet. He said that when Mr. Long came in for a building permit, he was informed that a special use pern�it was required first. Mr. Clark said the notices were mailed out on the 26th of August, and on the 27th of August a neighbor called in and asked that if he wanted to object to this request, <<rhat good it would do, wh�n the structure was already up. Mr. Clark said he went to the property on that day, and found the garage almost completed. He then red tagged it until the Special Use Permit had been approved by the Planning Commission and Council, y and a building perm�t could be �ssued. He said that he didnotei:hat this garage met all the req�rirements of the State Building Gode. He said that when Mr. Long was in the office, he made the statement �hat this second accessory I�uilding would be used to store a boat and he didn't intend to have a driveway, because he wouid oniy be moving this boat twa or three times a year. Mr. Edward Hamernik, 6740 Monroe Street IV.E�, said he was a neighbor, and he had no objection to this garage being built. Mrs. Chris Bakeberg, 6730 Monroe Street N.E. said she had no objection to this request either� . Mr. Harris asked if they wanted to table this i.tem because the petitioner wasn't � present. Mrs. Wahlberg said it was the policy of the Appeals Commission to table an item when the petitioner did not appear. Mr. Clark said he agreed with that, but it was getting late in the year for constructions so perhaps they could make a recommendati�n ' that the petitioner must appear before the Council to answer any questions they might have, before the Special Use Permit was appraved. , � � I .1 i Mr. Langenfeld said he would like to have it in the record that the Planning � Commission did not approve of the situation where somEOne had already commenced construction without going thr�ugh the proper �rocedures, and then because it was gettiny late in the season, rush, rush, rush. Mr. Clark said he had made that statement, but if the Planning Commision wanted to table this item until the petitioner did appear, that was fine a1so. . MOTION by Langenfeld, seconded by Bergman, that the Planning Commission close the Public Hearing on ihe'request for a Special Use Permit, SP #75-23, by Peter Long. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing closed at 8:50 P.M. , Motion by Langenfeld, seconded by Bergman, that the P.Ianning Comrrrission recommend to Council approval of the request for a Special Use Permit, SP #75-23, by Peter J. Long, per FridZey C.it] Code, Section �05.051, 2, A, to a1low the construction of a second 1 accessory bui.Zding, a I3 ft. by 22 ft. garage, on Lot l.i, Block 4, Rice Creek Terrace Plat 6, the same being 672Z Madison Street N.E. with the stipulation tha� this building . woU1d not in any manner be used for a home occupation. ' � � � MOTION by Scott, seconded by Wahlberg, to amend the motion requesting the petitioner to appear befare the City Council hefore appronal of the Special Use Permit, and a building permzt was issued. Upon a voice vote on the amendment, a11 voting aye, the amendment carried unanimousZy. . � � � � � � � � ' � � � � � � � � � Plannin Commission Meetin - Se tember 10, 1975 � Pa e B 9 J � q p g Upon a' voice vote on the amended motion, a11 voting aye, the amended motion passed unanimously. � CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT; SP #75-13, BY NAEGELE OUTDOOR ADVERTISING COMPANY: To allow the continuation of an existing billboard on Parcel 300U, in the NW Quarter of the NW Quarter, except the North 16.6 acres, of Se�tion 2, T-240, R-24, per Fridley City Code, Section 214.042, the same being 8410 University Avenue N.E. Public hearing open. STAFF REPORT Location: 8410 University Avenue N.E. Date of Sign Permit: 1/9/69 Owner: Naegele Comments: Lease runs to 5/1/84 *1. Height (?5') 10' 8ase / 25' Top - 30' f►°om University Center line 2. Area (300) 12` x 25' 3. Disiance Bet. Signs (500') Meets Code --� 500' 4. Setback from Street R/W Lines (30') Meets Code ---� 30' 5: Distance from Street Interseciion (500`) Meets Code -- � 500' 6. Distance from Residential Uses (500') Meets Code ---� 500' 7. Condition Status (all metal) Stee1 and Fluorescent **8. Zoning (C-2S, M-1, M-2) C-2 *Non-canforming to existing ordinance **Non-conforming to zoning requirements Chairman Harris reviewed the staff report. Mr. Jim Shaw, Director of Community Relations for Naegele in the Twin Cities, was present to represent the petitioner. Mr. Shaw said this sign was just immediately North of the Fridley Golf Range. Eie said they had advertising space for rent on the South side, and the City of Fridley had the North side. � Mr. Shaw said that Naegele found themselves in a very difficult position at the present time. As to the size of the billboards, they were all legal at the time they were constructed. The ordinance was passed after tl�ese signs were in existence. The predicament we find oursel�tQs in was because cities, from time to time, do change their laws, but they don't usually penalize those who had lived up to the previous 'taws in good faith. This was what was happening to the sign companies. We constructed these signs in good faith, and now we were being penalized. He said he had a retorica7 question. If a house or commercial enterprise was already constructed, and Fridley changed their code as to setback, height and area coverage, he would assume that Fridley wouldn't require these existing structures be torn down because they had changed their code. They would allow these structures to remain unless they desired to rebuild or relocate. He said the City was.using a different set of rules for the billboards. � . � _.�-.,�, �. . . .9ic - Planning Commission Meetinq - September i0, 1975 � Paqe 9 , They are asking the sign companies to live up to the new code with old structures. � � � � � � � � � Chairman Harris said the ordinance we are trying to enforce was passed in 1969. It stated that all free standing signs wauld have to be removed on or before September 15, 1974 unless they had a Special Use Permit. Mr. Shaw said he knew that Naegele had been negligent in not trying to resolve this problem long before this time. Mr. Clark said that when this sign was constructed, this area was zoned M-1, but the zoning was changed about three years ago. He said the land was vacant and was developable. . MOTION by Bergman, seconded by Langenfeld, that the Planning Commission close the Public Hearing on the request for a Spec.zal Use Permit, SP #75�13, b� Naegele Outdoor Advertising Company. Upon a voice vote, a31 voting aye, Chairman Harris declared the Public Hearing closed at 9:12 P.M. MOTION by Bergman�:seconded by Langenfeld, that the Planning Commission recommend to Council approvaZ of the r�quest for a 5pecial Use Permit, SP #75-13,�b� Naegele Outdoor Advertising Company, to a11ov> the continuatian of an existing bil.iboard on Parcel 3000, in the NW Quarter of the NW Quarter, except the North 16.6 acres, of Section 2, T-30, R-24, per Fridle� City Code, Section 2I4.042, the same being 8410 University Avenue N.E. with the following st.ipulations: . 1. When this property was deveZoped, the advertising sign Zocated upon it wil� have to be removed. 2. When this advertising sign was destroyed or damaged by an act of nature, vanda.Iism, or other means, this sign aannot be repaired or rebuii� and wz11 have to be removed. 3. This S�ecied Use Permit subject to annual review. 4. This billboard be main�ained in good qual.zty cond.ztzon. 5. This billboard be removed on or before the termination of the Zease dated May 1, I984. Mr. Scot� said he would vote against this motion because he wished to recognize �� the roie which planning and zoning play in our mur�icipal e-Fforts to guide future development of land so as to ensure a pleasanter and more economica7 environment in which our residents may live and work, and base this exclusive7y on aesthetics on the 1 ground that the pleasant appearance of our cammunity has a direct and beneficial effect on property values and on the well=being of our residents, and this inevitably promotes the ger�eral tvelfare; and to quote from the Environmental Cornmission goa7s and objectives , of their August 13, 1975 meeting, "to encourage productive harmony bet�veen man and his environment and assure for all people in the City of Fridley, a safe, .healthfu,l,productivE aesthetically and culturally p7easing surrounding". LJ i � Mr. Langenfeld asked Mr. Scot�; as Chairman of the Human Resource Commission how he felt about the statement he had just made as to violating the freedom of expression and the use of this media for advertising. Mrs.�Wahlberg said t;hat part of this statement ti,ras to ensure a more pleasant and economical environment and she had a question that if a resident and businessman ofi:the City of Fridley used these billboards for advertising, wouldn't this statement be denying him a more economical environment by denying him the opportunity to advertise on a billboard in the City of Fridley. Ll � � LJ � � � � � 1 1 � i � �� i � 9L Planning Commission �eetin 4- September 10, 1975 Page 10 �� Was it not infringing on his economic environment by denying him this use? Mr. Scott.said that any business you en�er into has certain risks. He said that in putting up a power station, which might be a pollutant, so it might be economically unsound to the people in the area if this was aliowed. He said he believed i� freedom of expression, but this did no� give you the freedom to be offensive. Mrs. Wahlberg said she thought Mr. Scott was equating health environment with �isual pollution. Mr., Scott said that was just an off the cuff statement to show how something could be;uneconomica� as far as environment. He said that if the Pianning Commission wanted to get into economics, he wauld be willing to discuss that. He said his Commission and the Chamber of Commerce had only gone into a generatiza��ion of economics, but not on any particular sign. Mr: Scott said the problem he had been having with these billboards w�4. in saying yes to some of them and no to some of them, was because he felt certain that if the Planning Co�mission didn`t say yes to enough of them, we would prob�bly end up in Gourt. He said that what he was trying to do ��as to take a position that could be defe�ded in court, if we hav��to go. He felt this was their responsibility. He didn't think the City should be put in the position where they have to say yes to any given amount of billboards. Ne said he 4�asn't against billboards, and although some billboards weren't as objectionable as others, he felt there wasn't enough difference in them to say yes on some and no on some, and defend that positian in court. He said his statement had been accepted by the courts in three states, and maybe it could hold up in the Minnesota courts also, a�though no one knew that at �his time. . Mr. Langenfeld said he wanted it noted that in �h� Human Resources meeting of August 21, on page 4, there was a statement tha� the Commission felt very strongly � against bil7boards. Mr. Scott said they had gone through the same discussion that we have had here, but that t�ese were not verbatim minutes. He said there were members of his Commission who didn't find billboards too offensive, but they felt the City was in a trap. He said he Wasn�tdenying Naegele the right to challenge us in court, they have that right, but he was trying to take a stand that would be defendable in court. � Mr. Bergman said his view was that we were not here to decide whether or not 'Fridl�y wi17 or wil� not have billboards. He said the City Code does allow for bill- boards, it just happens that the ex�sting billboards are in violation of the City Codes. He �aid he thought the Pl,anning Comm�ssion was trying to differenciate betw�en the weightiness of the vio]ations in each case. He said this particular billboard was only 5 feet ove� the hight requi�ement and was bui7t in the proper zoning at t�e time it was constructed. 7his particular bil�board was in lesser violation thah some ofi the others we have considered. . UPON A ROLL CALL VOTE FOR APPROVAL, Harxis, Wahlberg, Bergman, Langenfeld voting aye, Scott nay, the motion carried. CONTINUED: PUBLIC NEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-14, BY NAEGELE OUTDOQR ADVERTISING COMPANY: To allow the continuation of an existing billboard on Lot 18, Revised l�uditor's Subdivision No. 77, per Frid7ey City Code, Section 214.042, the same being 7357 East River Road N.E. Public hearing open. � � ' � �� � � Planninc� Commission Meetinq - September �0, 1975 Page 11 9 i� � Mr. Shaw said that a� no time was Naegele Outdoor Advertising Company threaten�-hg� anybody with anything. We are trying to resolve a situation, both the sign companies and the Planning Commission. He said he was apposed to two of the stipulations. One was that the sign be removed when the praperty was developed, and fihe other that the sign be removed at the termination of the lease date.� He said he knew the zoning had been changed in a number of areas. He said he didn't think anyone in this community, either here now, or to come, could afford to come inand make an investm�nt, and looking at the whims (he used this word. loosely) of changes in zoning, would want to be faced with having to tear dotivn their commercial enterprise. He said that was what had happened to the sign at 8�10 Universiiy Avenue. This was buil�: in the proper zoning, and now that the zoning had been changed, we are suppased to �ear down this sign. Mr. Scott said there were risks in any bt�siness, and th�s was not a whim. The sign ordinance was enacted in 1969, which was six years ago, to allow for amortization, which your comp��y does not recognize. He said that having a commercial building rezoned to a diff,•rent use was less risky than having the land where a billboard was located being rezoned. Fie felt that the citizens have the right to change their minds. , Mr. Bergman said he wa5 trying to take inio consideration the point made by Mr. Shaw, Ne said this sign was constructed in 1969 and the lease ends in 1984, so this was 15 years. . � Mr. Shaw said he s�i11 fe1�G that you couidn't do business if you.were subject �o the whims of rezoning. He said he felt the ordinances were passed to protect the health, safety and welfare of the community and not to cause a risk for any business. STAFF REPORT Location: 7357 East River Road Sign Permi�; Qate::10/19/60 Own�r: Naegele Comments: Lease runs from year to year, expires this year 10-22-75 1. Height (25') 10' Base /?_2' Top 2. Area (300) i2' x 25' Single Face *3. Distan�e Bet. Signs (500') 70' from siqn that will be removed 4. Setback from Street R/W Lines (30') Meets Code --� 30' *5. Distance from Street Intersection (500') 340' to Glen Creek Road and E. R. Road *6. Distance from Residential Uses (500') Residential across E.R.R. and to South � 100' ta R-1 district 7. Condit�on Status (All'Metal) Steel & Fluorescent **8. Zoning (C-2S, M-1, M-2) C-1S *Non-conforming to existing ordinances **Non-conforming to zoning requirements _.�Chairman Narris reviewed the staff report, noting that this sign did not meet 4 of the eight criteria. He said it would meet the distance between signs when the other sign was removed. He asked Mr. Clark what that meant. Mr. Clark said �here were two Naegele signs in this area, and they have agreed to remove one sign and have . � � � � 9 i� Planning Commission Meetinq - September 10, i975 Page 12 not applied for a Special Use Permit for that sign. . Mrs. Wahlberg asked if there was a date set for the removal of the other sign. Nfr. Shaw said ihe limbo situation that they have been operating in made it difficult to make any decisions ur+til we know what was going to happen to these Specia1 Use Permit requests. ��r. Scott said that what Mr. Shaw was saying was that if this sign was aiiowed to remain, they woul,d r�mave the other one. Mr. Langenfeld said it was his feeiing that by putt�ng a termination date on ' all these billboards, that what they were doing was kicking the billboard companies out of Fridley. � � Mr. Bergman said he didn't feel that way at a11. He said he fe1t that what they were saying was� that the Fridley Cit;y Code allows for biliboard construction, and they can built billboards or retail billboards within the provisions of the code. Mr. Langenfeld said the 1ease an th7s billboard expires on October 22, 1975. What are we going to do with this ane? Mrse Wahlber°g s:�id this was a year to year lease. Mr. Clark said that what Mr. Langenfeid was alluding to was that if the longesi , lease date, was say 1990, and they a11 had the same stipulation on the iease date, �h�n by the year 1990 billboards would cease to exist. Mr. Bergman said that would only be ihose who were a-.non-conforming use. Mr. Shaw said they could construct bii1boards � according to the present code and.zoning, and in five years these could be non-corrfoi�ning due to code changes, and they would be back in the same siivation, ' Mr. Shaw said he noted that this sign was too close to a residentia1 area, but the A& W stand and the Big 4lheel al�n were w�thin 100 fee� of a res9dential area. He said the reason there were two signsso close together tivas because, at one time, these signs were owned by two different companies, and Naegele had ownership ot' both no�v � through acquisition of another company. . MOTTON by Scott, seconded by Bergman, that t1�e Planning Cvmmission close the � Public Heaxing on the request for a Special Use Permit, SP #75-24, by Naegele Outdoor Advertising Company, Upon a voice vote, a11 voting aye, Chairman Harris dec.Zared the Puhlic Nearing cZosed at 9:59 P.M. � C� � � MOTION by Langenfeld, seconded by Scott, that the P.ianning Commission recommend to Council denial of the request for a Special Use Permit, SP #75-34, by Naegele Dutdoor Advertis.zng Company, to a11ow the continuation of an existing biZZboard on Lot 1II, Revised�At�di�or`_s Subdivision No. 77, per Fridle.y City Code, Section 214.042, the same being 7357 East River Road because this billboard violates 4 out of the S criteria, and these were such that there would be no benefit in continuing this paxficular sign. Mr. Scott said he was in favor of this motion because we wish to recognize the ra71 whTCh p7anning and zoning�p7ay in our municipal efforts to guide future development of land so as to ensure a pleasanter and more economical environment in which our residents may live and work, and base this exclusively on aesthetics on the ground that the pleasant appearance of our community has a direct and beneficial effect on property values and on the well-being of our residents, and this �nevitably promotes the g�neral welfare and to quote from the Environmentai Commission goals and objectives of their August 13, 1975 meeting ,"to encourage productive harmony between man and his environment and assure for all people in the City of Fridiey a safe, heaithful, prodc�ctiv� aesthetically and culturally pleasing surrounding".' Mr. Bergman said that he was generally in tune with the motion, however he felt 1 i , � r , i [� � • ' PlannincL Commission Meetinq - September 10, 1975 Page 13 it was abrupt, and we would benefit from some consideration fram a business view, and he would be more amenable to the motion if it expressed some reasonable time �for reaction from the petitioner. He said he felt that the Planning Commis�ion and the City Administration were somewhat tardy in addressing these, ar.d the iease did expire on this sign in 12 days, and he thought the petiiioner shouid have mare time. Mr. Scott said he didn't f�el this was an abrupt decision when the petitioner has already had six years since the sign ordinance was passed. Mrs. Wahlberg said this sign ��ras constructed in 1952 and rebuilt �n 1960, and she did concur that they have had six years notice that this sign might have to be removed. Mr. Harris said that he felt these two signs did nothing to enhance this area. UPON A ROLL CALL VOTE FOR DENIAL, 5cott, Harris, Taahlberg, Lan,qenfeZd voting aye, Bergman na�, the motion carried. Chairman Harris declared a recess at iO:IU P.M. and reconvened the meeting at 10:33 P..M. � CQNTINUED: PUBLIC HEARING: REQUEST FQR A SPECIAL USE PERMIT, SP #75-15, NAEGELE OUTDOOR ADVERTISING CO%iPANY: �o aliow the cont�nuation of an existing billboard on Lots 1-3, Block 9, Namilton`s Addition to Mechanicsvzlle, per Fridley City Code, Section 214.042, the Same being 5452 7th Street N.E. Public hearing open. � �STAFF REPORT ' Location: 5452 7th St. N.Eo Date of Sign Permit:. 2/6/67- Rebuiit in 1971 . Owner: Naegele Camments: Lease expires 6/30/79 r*1. �Neight�(25`) 25' Sase / 37' Top -� 25` Above center iine of I.694 � � *2. Area (300') __ 14' x 49' 3. Dis�ance 8et. Signs (500') Meets Code --, 500', 4: Distance from Street R/W Lines (30') Meets Code ---� 30' *5. Distance From Street Intersection (500') 200' j*6: Distance -From Residential Uses (500') 65' N. of R-3 Parkin� lot, 190' to , R-1 District, 180 ' W. to R-3 parking � �. Condit�on Status (all�metal) Steel and Florescent , � ' **8. Zoning (C-2S, M-1, M-2) C-2 *Non-conforming to existing ordinance **Non-conforming to zoning requiremet Chairman Harris review the staff report and said this was a V shaped sign. Mr. Shaw said that Naegele only had two size signs, a 12` x 25' and i4` x 49', and tha� all their signs were magna face bulletin, and were,rotated every 60 days. � � � 9P planning Commission MeetinQ - September 10, i975 Page 14 � � Mr. iiarris said this sign was construced in 1967 and rebuilt in 1971. He asked how they got a building permit t� rebuild this to a 14' x 49' when our new ordinance was already in existence sta�ing that the area couldn't be over 300 square feet? Mr. � Clark said he didn't think a permit was issued to reb�aild ihis sign. Mr. Shaw said �that this sign was not actually rebuilt. It was a 12' x 45' sign and it was modified ' to take their 14' x 49` bulletin, but the sign structure was not altered. � Mr. f�arris said he thought the sign companies had played pretty fast and loose with the City of Fridley. ' � Mr. Scott said the point should in existence tivhen they acquired this modify the sign to take their panels. , 1 [� , � � � � � ' � � � ' be made that Naegele knew our ordinance was sign from Meyer's and made the investment to Mr. 8ergman said this sign did not meet the criteria in five of the 8. The area was real7y out of line, in that it was 686 square feet per side, and our ordinance requirement was 300 feet, so this was more than double the maximum size of the ordinance. MOTION by Scott, seconded b� Langenfeld� fhat the Planning Commission close the Public Hearing on the xequest for a Special Use Permit, SP�#75-I5, by NaegeZe Outdoor Advertisinq Company. Upon a voice vote, a.Il voting aye, Chairman Harris declaxed the Public Hearing closed at I0:59 P.M. MOTION by 5cott, seconded bi� Langenfeld for discussion, that the P.Ianning.Commissioi recommend to Counca.Z denial of the request for a Special Use Permit, 5P #75-15, by Naegele Outdoor Adverti.sing Company, to a31ow the conti.nuation of an existing billboard on Lots 1-3, B1ock 9, Hamil�on's Addition to Mechanicsville, per Fridley Cit� Code, . Section 214.042, the same being 5452 7th Street N.E, because we H'is� to recognize the role which planning and zoning play in aur municipal effoxt to guide future develo�ment of Iand so as to ensure a pleasanter and more economical environment in which our residents may live and work, and base this exclusively on aesthetics on the ground that the pleasant appearant of our community has a direct and beneficia2 effect on propert� values and on the we11-being of our residents, and this inevitably promotes the general welfarex! and to quote from ihe Environmental Commission goals and abjectives of their August 13, 1975 meeting, "to encourage praductive harmon� between man and his environment and to assure for a11 people zn the City af FridZey, a safe, healthful, productive, aesthetica3ly and culturaZl� pleas.ing surrounding", noting that this sign vio.Zat�s 5 out of 8 criteria of the staff report. T9r. tangenfeld asked Mr. Scott if it was his inten�ion to let this biilboard cor�tinue until the end of the lease which was 6/30/79. Mr. Scott said that when Naegele acquired this billboard in i971, they aiready knew about the new sign ordinance in existence and that this billboard vio�ated that ordinance. He said they were asking for a Special Use Permit and his motion was for denial. He said the rest was up to the City Council. � � � Mr. Langenfeld said they were analyzing these billboards with the present ordinance in mind; If we wern't going to try and get these ordinances enforced, he thought they were all wasting their time. Mr. Bergman said this sign was in violation in many areas, of some magn�tude, but he felt tl�e burden on the Planning Commission was to act with reasonableness, rather than with arbitrary and immediate abruptness, to avoid any punitive reaction, Mr. Scott said that in 1969 when this ordinance was passed, the billboard � P�annin. .;s ; _ . . . � � g Comm� sion Meeting geptember" 10, 1975 Page 15 � ' � � � companies were given five years, so he didn't consider �his abrupt:: Mr. Bergman said he felt there was a-Fair amount of room for interpretation over what was said and dane and what �he intent of the ordinance was in 1969, and while Mr. Scott may have felt it was clear±, he felt it was less clear than that. He thought some of the guidance we have recivec� indicated that it was less clear than that. He said that the requirement that somecne get a special use permit, to him, did not get� as specific as he thought they were trying ta be at this time. Mrs. Wahlb�rg said that at the last Planning Cammissi.on meeting when they took action on tv�ro other billboards in about the sam� vi.cinity, I.694, they had yiven them some time, one until 1976 and the other until 1977, and she thought they shouid be consistent in their recommendations. . Mr. Scott said those were motions for approval, and this was a motion for denial. � Mr. Langenfeld said the expiration date of this lease was June 30, 197�, and he wondered if the Planning Commission wou7d be in agreement of having the billboard removed otn or before aun� 30, 1976, �o allow them a�itt1e time. � � ,� ' � 1 , � r Mrse Wahlberg said this wauld be more consistent with previ�us action. UPON A ROLL CALL VOTE FQR I�ENIAL, 5cott voting aye, Harris abstaining, Bergman, Wahlber 9, Langenfela voting nay, the MOTION FAI.LED. MQTIDN by Bergman, seconded by Wah.Iberg, that the Planning Comm�.ssion recommend to Council approval of a request for a Special Use Permit� SP #75-15, by Naegele Outdoor Advex'tising Cornpany, to a11ow the continuation of an exis�ing billboard on Lots .� - 3, 81ock 9, Hamilton's Addition to Mechanicsvi.ZZe, per Fxidley City Code, Sectian 214.042, the same being 5452 7th Street N.E., w.ith the following stipulations: 1. When this iot was developed, �he advertising sign loeated an it wi11 be removed. 2. When this advertising sign is des�ro�ed or damaged b� an act of na�ure, vandaZism, or other means, this s�zgn cannot be repaired or rebvilt,and wi3Z have to be remeved. 3. This billboard be maintained in good quality condi�ion. 4. This billboard be removed on or before June 30, 1976. Mr. Scott asked Mr. Shaw if the stipulation that this billboard be removed on or before June 30, 1976 was tanfiamount to denial? Mr. Shaw said he felt that it was. Mr. Harris said he wanted to mention that the City could be held iiabie for the f.o�_.th� �arnount of rent that woul d be pai d from June 30, 1976 and June 30, i 979. � Mr. Bergman said he was aware of the lease expiration date at the time of making the motion, but he was concerned that this particular sign'was in sizable violation of the Code, and feit a four year extension of this sign was incongruous. ' Mrs. Wahlberg said she had some problem with the date mentioned in the motion. She wondered what would happen if Naegele had a contract for this bil7board dated after the June 30, 1976 date. Mr. Harris said an attorney would have to answer that. � .. �1 �r . .. . . . � 9R P1�nninc�C_ommission Meeting - September 10, 1975 � Page 16 Mr. Scott said whai he thought was important was that the sign comp�ny! be given ample notice that this sign had to be terminated. � Mr. Langenfeld said they were considering the individual merits of each sign, and were not concerning themselves with contractural obligations. UPON A ROLL CALL VOTE FOR APPROVAL, Scott voting na�, Harris.abstaining, Bergman, Wahlberg, Langenfeld voting aye, the motion carried. _ CONTTNUED: PUBLIC HEARING: REQU�ST FOR R SPECIAL USE PEP.MIT, SP�#75-76, BY NAEGEL� UUTDQOR ADVERTTSING COMFANY: To allow the contir�uation of an existing bil1board on Lot 4, Auditor's Subdivision No. 155, per Fridley City Code, Section 214.042, the same being 5501 7th Sireet N.E. Public hearing open. STAFF REPORT Location: 550i 7tn Street N.E. Sign Permit Date: 8/15/67 Comments: Expiration date of lease 10-1-77 Owner: Naegele *1. Neight (25;) 20' Base/32' top --�j 25' from center of I.694 , � *2. Area (300) 14' x 49' • , � 3. Distance Bet. Signs (500') Meets Code ---� 500' 4. Setback fram Street R/W Lines (30') Meets Code ----� 30' 0 � *5. Distance from Street Intersectior� (50Q`) 145` from intersection of 56th & 7th St. *6. Distance from Residential uses (500') 200` from R-3 Districi � � � 7. Condition Status (all metalj Steel & Fluorescent 8. Zoning (C-2S, M-i, M-2) __ C-2S *tVon-conforming to existing ordinance ***�lon-canforming to zoning requirements Chairman Harris revi,ewed.the staff report. MOTTON by'Bergman, seconded by Wahlberg, that the Planning Commission cZose the Public Hearing on the request for a Special Use Permit, SP #75-16, by Naegele Outdoor Adver.tising Company. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing closed at 11:25'P.M. �... . r1r. Bergman sai d there aaere si zabl e vi ol ati or�� i n three of the 8 cri teri a, pl us the height requirement. He said this sign was 686 square feet also, which was mare than double the code maximum o� 300 feet. MOTZ'ON by Bergman, seconded by Wahlberg, that the PZanning Commission recomrrrend , to Council approval of the re.quest for a Special Use Permit, SP �f75-16, b� IVaegele Outdoor Advertising Company, to a13ow the continuation of an existing billboard on Lot �1, Auditor's Subdivision No. 155, per Fr.idley City Code, Section 2I4.042, the same i � � � L� C � r � , 9S PTanninq Commission Meetinq - Se�tember 10, 1975 Pa�e 17 being 5501 7th Street N.E., w.ith the fol.Iowing stipulations: 2. When this lot was developed, the advertising sign Iocated on i� wi11 be • removed. - 2. When this advertising sign was destroyed or damaged by an ac� of nature; vandalism, or other means, �his sign cannot be repaired or rebuilt and � wi11 have to be removed. 3. This billboard subject to annual review. 4. This billboard be maintained in good qua2it� con,dition. 5. This bi3lboard be removed on or before February 1, 1977. Mr. Scott said he would vote against this motion because he wished to recognize the role which planning and zoning play in our municipa1�efforts to guide fuiure development of �and so as t� ensure a pleasanter and more economical environment in which our residents may live and work, and base this exclusively on aesthetics on the ground that the pleasant appearance of our community has a direct and beneficial effect on property values and on the a�ell-being of our residents, and this inevitably aromotes the general welfare; and to quote from the Environmental Commission goals .,and objectives of their August. 13, 1975 meeting, "to encourage productive harmony betw�en man and his enviroriment and assure for all people in the City of Fridley, a safe healthful, productives aesthetically and culturally pleasing surrounding". Mr. Scott said the P7anning Commission was making motions for approval, but � � what they alere doing in reality w�s denying the continuation of tP�e .b�illboards.. He didn't think they were performing a service for the sign companies or for the City. � Mr. Bergman said he thought it was important to provide a reasonable time for termination of these signs so there wauldn't be abruptness, and that was what �hese motions were providing. UPON A ROLL CALL VOTE, Berman, Harris, Langenfeld, Wah�berg voting aye, Scott nay, the motzon carried. Chairman Harris said they wou7d handle the new two requests together. CONTINUED: PllBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-17 BREDE, INC.: 7o allow the continuation of an existing billboard on part 8, Auditor's Subdivision No. 94, per Fridley City Code, Section 214.042, same i�eing 5401 Central Avenue N.E. : the t CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMTT, SP #75-18, BY BREDE, INC.: To allow the'continuation of an exist�ng b�llboard on Part of Lot 8, Auditor's Subdivision No. 94, per Fridley City Code, Section 214.042, the same being 5403 Central Avenue N.E. � The Fublic Hearing was open on both these requests. � ' r , 1 ... .... .... .... .... .... .. . . Planning Commission Meeting - September i0,'1975 � p�9e 18 � T S7AFF REPORT: . Location: 5401 Central Avenue N.E. S�'c�n Permit Date: 8/2/65 Owner: arede, Inc. Comments: Lease runs ta 10/1/82 *1. Neight {25;) 16 ft to top / 6 ft. to Base : *2. Area (300) 10' x 40' (variance granted September 20, 1965) *3. Distance Bet. Signs (500') 150' to 5403 Central *4. Setback From Street R/W Lines (30') 9' 'to R/W 31' to Service Drive 5. Distance from Street Tntersection (500') Meets Code ---�'500' 6: �Distrance �From Residential Uses (500'} Meets Code ------� 500' 7: Condition Status (all metal) Steel and Fiuorescent . 8. Zoning (C-2S, M-1, M-2) C-2S *Non-conforming to existing.ordiance STAFF REPORT: � . tocation: 5403 Central Avenue N.E. Si�n Permit Date: 8/2/65 Owner:' Brede � � � , I � , Comments: Lease runs to 10-1-82 . , � *1. Height (25'} 16 ft :to top / 6 ft. to Base , *2. Area (300} 10' x 40` (variance granted September 20, 1965) *3. Distance Bet. Signs {500') 150' to 5401 Central *4. Setback From Street R/W Lines (30') 18' ta R/W 57' to Service Drive. 5. Distance from Stree.t Intersection (500') Meets Code ----� 500' 6. Distance from R=1 Uses (500') Me�ts Gode -----� 500' 7. Condition Status �a11 Metai) S�eel and Fluorescent $. Zoning (C-2S, M-1, i�f-2) C--2S . *Non-conforming to existing ordinance Chairman Narris reviewed the staff rep.ort. Chairman Harris said there was a letter from the property owner, Mrs. Mary Cooney, dated July 28, 1975, stating this was not a buildable lot, and the ren� from these signs was the only income she could obtain from this property. MOTION by Wah.Zquist, seconded by Scott, that the Planning Commission .receive the Ietter from Mrs. Mary Conney, dated July 28, 1975, .in favor of these Specia3 Use 1 �� Planning Commission Meetinq - September i0, i975 Page �� � , Pexmits being granted. Upon a voice vote, a31 voting aye, the motion carried unanimously Mr. Clark said this lot was only about 5,000 square feet, and the requirements for this zoning said a buildable lo�t trad to be 16,000 square feet. This was an 180' by 50' triangle that was left after thp freeway right of way was acquired. Mr. Bratland, representative of Srede, Inc., said that:their billboards were � all hand painted units and the copy was very seldom changed. They had all local �enants and some of these signs had borders and some had not. He said they have long term signage leases on their signs, usuaily 5 or 10 years. �J � ., ' , Mr. Bratland said they had been given approval for these signs on September 20, 1965. They had gone through the Board of Appeals, Planning Commission and Council. Mr. Clark said the reason that these signs did not meet 1:he height requirement was because they were only 6' from the ground, and the requirement was 10'. MOTION by WahZberg, seconded b� Langenfe:ld,=-that the Planning Commissic�n close the Public Hearin_q on the req-uest for a Special Use Permit, SP #75-1.7, by Brede, Inc. Upon a voice vote, a1z voting aye, Chairman Harris declared the Public Hearing closed at 31:40 P.M. Mr:s. Wahlberg asked if Mrs. Conney would have been informed of the Publ�c Hearings held on the new sign ordinance in 1969. Mr. C7ark said he didn't think so. Their were notices sent to civic organizations, and it was given publicity in the paper, but he didn't think any individuals received not�ces. � Mr. Clark said this property was not buildabie by itself, but it cou1d be . purchased by the adjacent property owner, but Mrs. Cooney felt she couldn't find a willing buyer for this property. Mrs. 4Jahlberg said the reason she had brought this , up was because she could understand Mrs. Cooney`sh�rdship in wanting to derive some ' income from this praperty. She was wondering if Mrs. Cooney was aware that she could ,�lase, the income -From these signs because they were non-conforming. , IJ � MOTION by Bergman, secanded b� Langenfeld, that the Planning Comrnission close the Public Nearing on the request for a Special Use Permit, SP #75-18, by Brede, Snc. Upon a voice vote, a.t1 voting aye, Ghairman Harr.is declared the Public Hearing closed at 1I:47 P.M. .. Mr. Langenfeld said that bath these signs were non-conforming in 4 out of the eight criteria. . Mr. Bratland said they had signage leases on these two billboards. He wasn't � sure just what the time was for each particular sign, but he thought one sign sti71 had three years left of their iease and the other sign had five years left. MOTION br� Bergman, second�d by Langenfe.Zd, that the Planning Commission, taking r note that these two signs were non-conforming in 4 of the 8 criteria, and taking note of the letter from the property oc,nzer, Mrs. Mary Cooney, regarding her concerns, ' recommends to City Council approval of the requests for SpeciaZ Use Permits, 5P �175-17 � and 5P #75-18, by Brede, Inc., to a11ow the continuation of two ex.isting bi�lboards on part of Lot 8, Auditor's Subd.ivision No. 94, per Fridley City Code, Section 214.042, �he same be.iny 5401 and 5403 Central Avenue N.E., with the following stipulations: ,� . 1. When this 1ot was developed, the advertising signs Iocated on it wi1Z have have to be removed. ' � r Plannin Commission Meetinq - September 10, 1975 Paqe 20 9 V 2. When these advertising signs are destroyed or damaged by an act of nature, vandalism, or other means, they cannot be repaired or rebuilt and wiZl have to be ,zemoved . 3. 4. These Special Use Permits subject to year.Zy review. These billboards be maintained in good quality repaix. 5. The expiratian date of these billboards be co-terminous with the s.ignage Ieases, with a five yeax maxzmum. Mr. Scott asked if there had been any agreement worked out between administration and Bred� about the possiblility of removing one of these signs. Mr. Bratland said he had discussed this with`Steve 01son, but the rental from one sign would not be enough income for Mrs. Cooney to pay the sewer assessments on this property. Ne said h� had discussed with Mr. Olson their w�llingness to probably drop the sign on the Knigh�s of Columbus property, because that was an old sign. Mr. Bergman said that any negotiations on these two signs could take place before these signs went to Cauncil. Mr. Scatt said he wouldn't have too much of an objection if one of these signs remained because he thought that if the sign was raised 4 feet, the code violations wauldn't be too serious, but he couldn't find a good reason to deny one sign and apprave the otl�er one. If Brede, Inc., wasn`t going to take use to court, then we wouldn'� have to worry about that. Mrs."Wahlber�.said they hadn't taken into consideration any other pr�operty owner`s p�oblerrrs in dea7ing tvith the biilboards, although she was sympathetic to Mrs. Caoney's hardship. � � Mr. Clark said that most of the other property owners could put their property to some other use. Mr. Scott said he could not vote �n favor of this motion because of the stipu7at�ons and because it supports both signs. He could agree to one sign remaining on this property, without an expiration date, but he thougnt one sign should be removed. UPON A ROLL CALL VOTE, Bergman, I,angenfeld, Walhbexg'voting aye, Scott and Harris voiing nay, the motion carried. � CONTINUATION: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-19, BY BREDE, INC.: To aliow the continua�ion of an existing billboard on Lot 1, Biock i, Narstad Addition, per Frid�ey City Code, Section 214.042, the same being G801 Highway #65 N.E. Public hearing open. � STRFF REPORT � Location: 6801 Highway #65 N.E. Sign Permit Date: December, 1959 Owner: Brede, Inc. � �I 1 Comments: Lease runs to April of i976, 1Q year term signage iease November 1976 *1. Height (25') 18' to top ' 7' to Base i� � Planning Commission Meeting - November 10; 1975 � � � Pa4e 21 *2. Area (300) 10' x 40' 3: Distance Bet. Signs (500') Meets Code ---- 500' � *4. Setback from Street R/W Lines (30') 13' from street *5, Distance from Street Intersection (500`) 25' from intersection � � ' � � . .. . .... .. . .. . 6. Distance from residential uses (500 � too close to R-3 ! *7. Condition Status (A1l M�tal) r � � � ' � ' � � � � ' � � � **8. Zoning (C-2S, M-1, M-2) Wood construction R-3 *Non-confarming to existing ordinance **Non-cor�forming to zoning requirement � ! Chairman Harris review the staff report, noting that this sign violated 7 oUt of the 8 criteria. MOTION by Bergman, seconded b� Wahlberg, that the P.Zanning Commission close the Public Hearing on the request for a Special Use Permit, SP #75-19, by Brede, Inc. Upon a voice vote, a1Z vot.zng aye, Chairman Harris declared the Public Hearing closed at I2:29 A.M. • • Mr. Clark said this sign was located on developed land. MOTION b� Bergman, seconded by Wahlbert, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #75-19, by Brede, Inc., to a11ow the continuation of an existing biZ.Zboard on Lat 1, Block l, Fiarstad Additior, per Fridley City Code, Section 2.Z4.042, the same being 6801 Highway #65 N.E. with the following st.ipulations: � .I. When this advertising sign raas destroyed or damaged br� an act of nature, vandalism, or other means, this sign cannot be repaired or rebuilt and wi1J. have to be removed. 2. �'his Specia.I Use Permit suliject to yearly review. 3. This billboard be maintained in good qua,Zity condition. 4. This billboard wi11 be remo��ed on or before Novembex I976, the end of the signage lease. Mr. Scott said he would like to speak against the motion because he wished to recognize the roll which planning and zoning play in our municipal efforts to guide future developmen� of iand so as to ensure a pieasanter and more economical environment in which our residents may live and wark, and base this exclusive7y on aesthetics on the ground that the pleasant ap�earance of our community has a direct and beneficial effect on property values and on the well-being of our residents, and this inevitabiy promotes the general welfare; and to quote €rom ti�e Environmental Commission goals and abjectives of their August 13, 1975 meeting, "to encourage productive harmony between man and his environment and assure for all people in the City o�F Fridley, a safe, healihful, productive, aestheticaliy and culturally pleasing surrounding", and he had a special concern because this was R-3 zoning. Plannin� Commission Meetinc� - Sep�ember 10, 19Z5 Page 22 9 X UPON A ROLL CALL VOTE FOR APPROVAL, Berman, Harris, Wahlberg, LangenfeZd vo�ing aye, Scott voting nay, the motioii carried. CON7INUED: PUBLIC HEARING: REQUEST FQR A SPECIAL USE PERMIT, SP #75-20, BY BREDE, INC.: 7o allow the continuation o� an existing biliboard on Lots 29 and 30, Block 11, Hamilion's Addition ta Mechanicsville, per Fridley City Code, Section 214.042, the sar�e be�ng 5457 4th Street N.E. Public hearing open. STAFF REPORT Location; 5457 4th Street N.E. Sign Permit Date: 1/12/66 Owner: Brede, Inc. .Comments: Expiration date of lease 9/77 *i.. Height (25') 24' to Base / 34' to 70� 14' below I.694 *2. Areas (300) 10' x 40' (variance granted Oct 3, 1967) '� 3. Distance Bet. Signs (500') Meets Code --- 500' � *4. Setback fram Street R/W Lines (30') 25.5' to service drive 5. Distance from Street Interse�tion (500') Meets Code ---- 500' � *6. Distance fram Resideniia7 Uses (500') Standing in R-3, 30' from R-1 _ � 7. Condi�ion Status (all metal) Steel and Fluorescent **8. Zoning (C-2S, M-t, M-2) R-3 (variance granted October 9, 7966 *Non-conforming to existing ordinance **Non-conforming to zoning requirement Chairman Harris reviewed the staff repor�. MOTION by Scott, seconded by Wah2berg, that the Planning Commissian close the Public Hearing on the request for a Spec.zal Use Permit, SP.#75-20, by Brede, Inc. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing closed at 12:35 A.M. Mr..Brat7and presented letters to the Planning Commission verifying when the variances had been granted for this sign. Mr. Qergland said this sign violated 5 out of the 8 criteria, although variances had been granted for two of the viol.a�ions. . MO2ION by Bergman, seconded by Langenfeld, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP �175-20, by Brede, Inc. to a11ow the contznuat.ion of an existing billboard on Lots 29 and 30, Block 11, Hamilion's Add�tion.to 1�lechanicsville, per Fridley City Code, Section 214.042, the same being 545? 4th Street N.E., with the foll.owing stipulations: ' ' .. . ' . ' I ' J Planning Commission Meetinq - September 10, 1975 ' PaaP ��- 1. When this 1�t was develvped, the adYertising sign Zocated on it wi11 9 Y be removed. � 2. When thzs advertiszng sign was destroyed or damaged by an aet of nature, vandalism, or o�her means, this sign cannot be repaired or xebuiZt and wiZ1 have to be removed. 3. This Special Use Pexmit subject to yearly review 4, This billboard be maintazned in good quality condit�:on, ' S. This billbQard be removed on or befoxe 9/77 Mr. Scott asked Mr. Bratland if he realized that this motion would eliminate this billboard. � � �� � Mr. Bergman said he objected to �his statemen�s as this was not the intent of his motion. The effect was to have billboards conform to tr�e City Code. Chairman Harris said these motions tell the sign companies our intent, and they can come back and appEal these stipulations before the expiration da�e. UPON A ROLL CALL VOTE, Berman, Harris, Wahlberg, Langenfeld voting aye, Scott nay, the motion carried. ' PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-21, BY�BREDE, INC.: To allow the continuation of an existing bi116�ard on parcei 3620, Section 12, per Fridley City Code, Section 214.042, the same being 7568 H9ghway 65 N.E. IPublic hearing open. � STAFF REEORT • Lacation: 7568 Highway #�5 N.E. Sign Permit Date: 9/6/68 Owner: 6rede, Inc. Co,�nents� Lease runs to May o�fi 1977 1. Neight (25`) Meets Code 25` tQ Top / 15` to Base *2. Area (3Q0) 1Q' x 40` and 10' x 30' (uariance �ranted May 20, 1968) 3. Distance Bet. Signs (500') Meets Code ----� 500' 4. Setback from Street R/W Lines (30') Meets Code ----� 30' ;5. Qistance from Street Intersection (500') Meets Code -- � 500' *6. Distance From Resid�ntial Uses (500'} 10' to R-4 7. Condition Status (all metal) Steel and Fluorescent . 8. Zoning (C-2S, M-1, M-2) M-1 *Non-conforming to existing ordinance Chairman Harris revi�ewed the staff report. Mr. Bratland verified the variance approval. ' Planning Commission Meetin� - September 10, 1975 . Paqe 24 . 9 Z J MOTION by L�ngenfel�� seconded by 6�ahlberg, that the Planning Coramission close ' the Public Hearing on the request for a Special Use Permit, 5p #75-21, by Brede, xnc. Upon a voice vote, a11 voting aye, Chairman Harris declaxed the Pu�1ic Nearing-closed at 1:01 A.M. ' MOTION by LangenfeZd, seconded.by Bergman, fihat the Planning Cornmission recommend . � to Cvunci.Z apprnval of the request for a Special Use Permit, SP #75-21, by Brede; Inc., ' to a11ow the continuation of an existing billboard on Parcel 3620, Sect�.on Z2, per Fria.I�y City Code, Seetion 214.042, the same being 7568 Highwa� #65 N.E., wzth the � foll�wzng stipulations: � � .�. When this 1ot was developed, the advertising sign Iocaied on it wi1l be xemoved. ' ' L� !J , � 2. When this advertising sign was destro�ed or.damaged by an act of nature, vanda.Zism, or other means, this sign cannot be repaired or rebuilt and wi11 have to be removed. 3. This Speuial Use Permit, subject to z�early review. 4.` This biZZboard be maintained .zn good quality condition. 5. This bilZboard be removed on or before May, .Z977. � Mr. Scott said he would vote.against this motion because he wished to recognize the role which planning and zoning play in our municipal effort to guide future development of land so as to ensure a pieasanter and more economical environment in which our residents may live and work, and base this exclusively on a�sthetics on the ground that the pleasant appearance of our community has a direct and beneficiai effect on property values, and on the we11-being of our residents, and this inevitably promotes the general welfare, and to quote from the Environmental Commission goals and objectives of their August 13, ig75 meeing. "to encourage produc�ive harmony between man and his er�vironment ar�d assure for a71 people in the City of Fridley a safe, hea7thful, productive, aestheticallyand culturally pleasing surrounding", and also because this billboard was too close to R-4 zoning. Mr. Clark said this prape'r.�y was zoned industrial at the time this sign was ' constructed, but they created a separ�te residential area for trai7er parks, which also required a special use permit. ' � , ' �I � UPON A ROLL CALL VOTE, Bergrnan, Harxis, WahZberg, Langenfeld.vot.ing aye, Scott voting nay, the motion carried. . ll. REVIE4J NEW-�.JUNK yEkiICLE ORDINANCE: SECTION 122 MOTION by I�ngenfeld, seconded by Bexgman, that the review of the New Junk Vehicle Ordinance, S�ction �Z22,'be continued until September 24, 1975. Upon a voice vote, a11 vo�ing aye, the motion carried unanimously. 12. REVIEW OF PROPOSED CNANGES IN SEC7ION 115: SWTh1MING POOLS � MOTXON by Langenfeld, seconded by Bergman, that the review of the proposed changes in Section 115, Swimming Pools, be continued until September 24, 1975. 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'' ' n.o F'8 .� . . .. , + u i �, �t1 :`' �7 ��'' '�.:.,1° _ ` � ' � , �r� i ,� + y . p,�/QO � ��Q ` '/�O I� J,3� � ; �3a. .s'�o�� �� ss� s6 � s�� sL�o 'l�v � 6 p 6 b �� a � ' . ... �� ; � ., . „ •, _ � �� � i ,; � �., y , ! � ,�. � � ' _ � � � 6 .r ~' �; '' '� 3 "� .. � (_�--- i , _ , , � � . � �, � .�. . , - ��_,....,,.,..,,,_,,...,... . ': � • C�r-�,,:.� ,� � (u.? ��. ,-�-.; �k' I •.) . �- ' ,� ,... �. ;�� , �t�$-; � z� . �. . .. � n+. :¢�'� •Q.:�•lJ�� '.;'� fi ,'... E� [: �b R, 0 F' � . :� �, ry�, �� r s��,: f ti�;.�:., ;��.� • ., �... � s !-2-� �.�� � :� :r.,���: a , . , �, .. :._-�.-. �3 .. � ,- � • . � � �-�,;, (��58 ..,., ' ��' �_ /' I�� -r' „�-�, •p�j� �w � � , �...,.,, . . a, �' r,r ;. i3 i..��.� �, `Y' ., � A,.. I j'� tr �� �c: �� , � FRIDLEY V�Ll1P�TE[R FIRGMANS RELIEF ASSUCIA'fiON � ►RIDLCY. MINNE&OTA 0 DATE: September 9, 1975, � 75-9-3 MEMO Tb: �Iasim Qureshi, City Manager ' _ i �����i✓�. FROM: Robert D. Aldrich, President Firemen s Relief Association SUBJECT: Increase in Pension Benefits Attached you w;11 find copies oi the Actuarial Study o£ the condition of the Pension Fu��d of the Fridley Firemen's Relief Association. Thi$ study was done by t�e actuarial firm of George V. Stennes and Associates. .Item 2, on page 5 of th.is study, shows that the fsnd currently has a surplus of $75,650. This is iiz excess of fu11 funding requirements. � Based upon the conclusions drawn from the �etuarial Study and an additional study of the ramifications.of an�increase in pension benef its, the membe-r.slii� has inst.ructe.d me to request that the City Council consider an increase i�i tl�e level oi pension benefits gaid to �h.e niembers of the Firen?en°s F.elief tlssoc.i�.tione The twenty percent increase in the level of benef its is consist�nt with t.b.e curr.ent fundin� c�pahility of the� fund, and ttze Actuari.aJ_ S;.udy will sho�•T thut no contri.bution of tax moi�i�s ar� r�ecess�ry to support the proposeci beneiit 1ev�l nor �,aill tlie fund incuL a. def__�cit as a re�ult oi this i.ncr�ease. � : The Boar3 af Trus��es would. appreciate havina tlie, opportunity to appear before the Cit� Cauncil on Se�t�.nber T�tii. 2����� , � . Thanlc you for your. cooperation. ItDA: e1 - Attacitin�nts: Actt�zir3_al Study � • Le�ct��:� from George V. Stennes and A.ssociates 0 � B �- � ". • � �_ � � T0: FROr7: CITY OF FRI DLEY MEP90RAN DUM ��ASIP•t f�i. QURESHI., CITY MA��AGER MARVI�V C. BRUNSELL, ASST. CITY MGR./FII�. DIR. � SUaJECT: REQUEST FROM THE FIREP�9EPd'S RELIEF ASSOCIATION FOR AN INCRE�ISE IfJ PENSIO�J BtNEFITS (MCQ-94) , ' DATE : SEPTEPrBER 11, 1975 The Fri dley Fi re Rel i ef Associ ati on �i s reques�ti ng an i ncrease i n benefi ts � of twenty percent. Benefi ts were 1 ast changed effecti ve January 1, 1�74, at wi�i cl� time th� , benefit level for Volunteer Firemen w�s raised from �100 p�r month to $12J per monfin after t�venty years of volunteer service. Most af tl�e other basic benefits were also in creased twenty percent at that time. � � ��� � � � i � The pension plan we are talking about affects all regular val:�nteers as well as City emp]oyees who also act as vo7unte�rs. City employees are enti tled to whatever pen�i on b�nefi ts they earn on thei r regul ar job, whether it be as a Fireman or as a public ut�lity �mployee, and in add�tion are compensated for t+leir� volu��teer fire d�t�ies. A17 volunteers are compensated for thei r servi ce v5.40 per fi re cal�1 or .dt�°i 11 ancl for the benefits under discussian at the present time� The 1976 budgei �r�vidc�s for an increase in the pay for fire calls to $5,5�A • Retirement benerits for �olunteer F�ir�m�ri are nc�t; �scalaf;ed as are benefits for Po1i ce Offi cers . That i s, the ben�fii ts o fi ret � reci F� rem�n do no� autana.ti cally go up when an exi sting Fi rema�� ge�s an � r�crea�e in pay. �3enefits are increased only tl�rcugh special act�ion and appr�val ef �he City Council. At the present time, t{�e Volunceer F-irei���n's Pe��s?on Fun�.� ha.s an actuar-ial surplus of �7�,650. This compares with the pen��c��°� p�an fiar the Pol�ice Office��s �vhich had an actua��ial daficit of �537,�39 as of Dece�.�ber 31, 1974. The pension plan for Volunteer Firemen at t{i� present �time is funded entirely by tne t4�ro percent rebate en fi re i nsurance pol i ci � s wri tten i!� the r,r�inm+!ni ty. At th� present ti me , tr i s r�bate aina�r��ts to �3� ,3�4 per yeai•�. Thi s�i s i r� excess of the cost of provi ding the twen�;y perc�n�� increGse ir, b�nefits as requested by the �elief Association. If the City Council gr�nts th� twen�ty percent incr�ase, a Volun�eer Fireman would be entitled �o $144 per mo�tn aft�r twenty years of service. There would still be an actuarial sur�lus in the fund ar.d t;?e current le��el Qf suppoi�t from the fire ii�surance �reiniums written in tlie community would be more than enaugh �o i��eet the current cost of the plan. . ' MCC�:sh � 10 /� ' � � ' ncTUnH�=s 4EORGF. V. S7F:NniES, F.S.A. FRANKLIN G SMt7N, AS.f1. JOHN N, FLITTIE, P.S.A. JA�+lE5 YI. KEMHL[, F,S.A. W1lLV�M G. (MOItDSTitOM, r-s.a. C. U. S�ANCLCR, (".C.A.P. ORtEN E. WraDE, F.S.q. Ect�+iE F-r<AraKOViCH, �=.S.q. UAlJI�t. H. NfiAK, l�.S.A, RlCNl.kOA..�,WIF�7� F,S.A. GALE D. PATRICI<, H.Fi�,A. JOHN E. TEISfiERC�, AS.A. RICHqRD L. JAC035EN, F.S.A. JliNES R. DORGEw!CK, F.S.q, RAYMOND B, KFIEGER, r.S.q. {'/�UL. R, fLEISCHACKER, F.S.A, DA V i O G. ADA?AS, �F.S.A. F20�ERT P. M.45T, A.S.A. JANIES R. fdlLt.FR� A.S.FI. G.EORGE V. ��t I�C���� F,NDASSOGIATES CONSUL'flt�lG ACTUARIES 2ti,�i0 M[:TRO DRIVB MINNEAF01.15. MINNESOTA:i:Sb?.4 c���r usa.�r�ss �..11�tta� 7�ry 19�rJ Mx�. ZtQ7:ae��t D. .FL1.c:?:r�clz , � x7.f�.c:v r)I"e �.��i��Y_'i.i:a'1.27,i: 64��1 Un�..rex'.",:!',:}7' .�i'�'C'.ri.i7��; Nr.r`.rc FT3.C1�Cyr� ��1:]:t3.�f;Q�:2 JJ��2 � Dea.r k�ak,c � i /1CTUARIFS OON i'[NNcY, A.S,A, ST!"PH6:N !\. ttOG�, F.S.A. J. t20[ikRT FSOPSUN, F.S,q. ORAUI.L'Y J. JOtRN, A,S.A. HAkft V L, tiU t'fOtr, Jct„ F,S,lt. JEI� FRF Y S. SKINNF R, lY.S.P,. J. RICHARO NOGUE. !'.S.A. 7110MA5 T: CV,P.MiiERLqIN, A.S.q. RICIiARO U. PEARSON, q.;;./;, PENSION ApAhWiS7RAT10N PA(.MC•F-G. ROOT ^ HUSALYN CERt�f57FIN . C/tI20lVJ! RUCKEk SU7.qt�IJC DRESSLF.R £U�ANNf:�SJHt�SOhE I3.�� Z{"�x°;�J.e}r r'�.Ae���e�r��a P�c�iu£ .�is ��cia4i�:ri :t'I.�.z�. E�z.cl�a:cc� are �e��. �o�:ies o£ t}ie .l�.c�:v �rial. �ra7.u«.�.io�. af i:kic Pl.ar,. a.� D� l�ec�:m.l�er 3I.a i9'74.. .f�.du.i.tic,z:,�.1. ccpzes c:u-:el. eaS�J.�r bE ai�.a�c: �.z ���au. x�eeu. ichexri , 7.xi 3�ou7° lei:Ee� o� TL.1.��� �3, ya��! a:�l.c�c� fior a�. esi.i,��ate o£ i:I�e cos� of` �na.�:in.� a 15% ix�cz°e�.s� �:n bez�e:��.f:s� �x,'�hea-� �.xz�rea.ces have hec_z� n�ac�.e xx�z f:he �a.s�r f��zeyr ha-cre z�ot ap�_,}ic�cl fc� �:1r� ltu:.ri� su7�::c :fuu�:ex• kl i�cs�cf:if:. ��a:r� to f.he daily tc.;r:sp�xar�r di�.a��ili'r.�r 'ben�� fi.{;,. axad wc ha:�rc x,.o� pa�c�v�.ciec� a5i zz-�cz°ca.se f.ox �hese 'c�,�o benef.��:� tl�za�� ti.rr�.e ��g�zx,.0 �Ao1��evc�F �xr��ex� you. ma��.� the rn.ast recenL ix�cxea ,e, it �vas givexz ia tlzos�; alze,ady rec�ci-c�:�z� b�ncfitsp and tiye have foll.o�cved ��is I3rac�ice aga.ir�.. . .A.. 1�°fo inc�ease urould razse tl�ze n.oxz�al cos� {:o fi2�� I��7 a��c3. the ' � accxu�� Iiabi�i.ty to ��?-26, �i`7b. 5�.��cc tliis acc3�ue�i 1i� faili.ty is stz�.I below the cu;°reaz� �.ss��s o� �s�9:7, 791, fhe x�.orzna.l cosi: of �"I.ly 197 u�ou?�d b� ihe ' -• xerui.rec? a.n.n�.a.al sul�Poxi; affer �:}�e 15°o ixac�-�a.s�e, 'T'%is is �ve7.l. i,e].���� 'cl,.� tof-�.l su-l:>Z�oxt recei�ved dux�rz;; i9'1'4 `vl�zch ��a� xcpoa.°i:ed to l,e �30, 354�.. � �.� �5�% izzc:rease ���ou1d 9��.ise the ba; xc Uex:efii; affex 20 year:, oi sea:�vice t:o �;13f3. Si.nce tlie cosi fibures f.or this benefii ��irzicd ou{: io be less f:ha.rl tbe currc:n� suZ�port, I thou.�;]ii �rou zrzifr��t also �v9sli to see cosL• tzguxes for. a lax_ � �ex incxease. `.�^J.�exeLoz-e, ���e pzeJ�>a.;�ecl .fz�ure� �or a :5°�0 :ixzcxc:a:;e �vl�ii.ch ��,vou?.cl z��11.:e L-he Uasic be�ieti.t ��.1.�0e '.C'hc xzox•mal cos4: faz thi;� lcvel of iaezz_fit: turned ou� f:a l�e $"l.?.s 9�;� 1nd 1:he acczued Iia.T.�i.lily �•'lC,3,70d. Tliis accxueci t.iabiliicy does ex.cecd i;he ' MINtVEAPQLIS (�ES tJnIiJES LINCUI_N NEl^! 1'Ofii: LQS'i /1NG�L�S F(7R7 4VdRT1-t , �co�ce v. � � ��t�C..�`.� P,RIi3f�SSC�CtAT�S . lO C Mz. �toUext D. Aldrich - 2 , . Au�usi ��k, 1975 . ctirrc:�zt asseis by 4�16, 409, I�Io�.ve�Ter, �,ith a tatal suPport oi' ¢30, 354. and a x�oa-n�a1 cos{: of .�'i�22., �82, tlie �y7, 372 excess would pay a�'f the $1.6,�09 i.n � aboui; three years. Therefore, i:hexe would be �o f:inazicial prob].ezx�. �x�, suppoz-i:uag this lcvel. of bene£i1:. . 7n all of thc above discxzssion, we have assumncI that i:he cizrrexzi- suppo:rt of $30, 354 is con���letely avaiJ.able for supZ;or�ing tbi:� Plan and that the c.ontr.ibutions for the PLRA benefits are �n.ot take� out of this amount. We coz�cluded this fxoxn readinb the xnost xecez�t f.ix�an.cia.1. siateanezzt �vhich dicZ not sho.�� ar�y ci:isburscznents to S'E.l;,l�.. HQVJ��rc:Cy i� aur conclusioxl is �ncarxec�, you G�n 1�L• me �crzo�v a.x�cl wc �vil� re _e�.axn.i.ne ihe aUove az�:al.�rsisa _ If you ha.v� a�:�y quesiions about i:he REj�ort oz a'f�au'c the above da.scus_ 51011�;y Z?ZC? N3 C?,��, ]"1�.C� - , i:+.X}.CeZ`�°],�r '�roZlx`�y � . . . ' ' V �li'Gi �%'� . . . . � . " ' �'`�ai�.)cJa.x�. C.� ,`�xn.itli � � .._._,,...�. . . . � ' .. - ' . __ _ , . � . . ' . - , � ' . . � , . � . � , . . , ... .. � . . . � i - ' � . � . . �I ' . 'I • .��� ,.,x � 1 1 L__1 ' � ' u AR�rzc�� iv NENSION BENEFITS SECTION 1. PENSION BuARD. The Board of Trustees shall constitute the Pension Board and shall act upon all applications for pensions and on ail other forms of benetits proviaed by these By-Laws. SECTION 2. VOLUNTEEtt FIREMEN PENSION BEivEFITS. The Board of Trustees, acting as the Pension Board and by t e agreement of tne City Council, shali determine the base service pension. The base service pension to be ef fecti ve J,�,�,�,�iFb/ JI /,/ � AIIf�I k,�,�1iAl b,�l �11 AA/ AAl ,�,�X'l r�,��,�/ October 1, 1975 shall be $14�4.00 per month. �1) The �oard of Trustees, when acting as the Pension Board, is here'>y authorized to pay a serv�ce pension not to exceed the 'base service pension per month to al� retired volunteer members who reached the age of fifty years or more and have served�{at ieast twenty years as a member of the Fire Department of the City and have been members of the Relief Association at least nineteen years. * ' SECTION 3. INCREASING VOLUNTtER hIREMEN PENSION BtNEFITS. The Board of Trustees may increase the monthly pension of retired volunteer members by adding to the base service pension $3.00 tor eacn year of active duty ' over twenty years, but sub,7ect to a maximum or ten addit�onal years of active duty. * ' SECTION 4. 07HER LIMITATIONS. No pension shall be paid to any active member of the Fire Depar�ment and no recipient of such pension shal] be entit]ea to any�other relief from the Association. � No paymen� made or tne pension roll shall other legal process. ' � ' ' � C' ' to be made by this Association to any member on ae subject �o judgment, garnishment, execution or Such payments are noz assignable, and the �ssociation shali not recognize any assignment or pay over any money so assigned. SECTION 5. uEATH OF PEivSIUNER. When a service pensioner, dlsabiiity pensioner, or deferred pensioner or an active member of a Reliet Associat�on dies, leaving (1) H widow who was his legally married wife, residing with him, and wno was married to him whiie or prior to �he time he was on ihe' payrol� of the Fire Department, and who, in case the deceased :.• memaer was a service or dererred pensioner was iegally married to the member at �east three years before his retirement from the Fire uepartment or * Rev. 9/73 � 10 D . ' . � - - C1 ARTICLE �_ ARTICLt 2 ARTICLE 3 ARTICLE 4 ARTiCLE 5 AKTICLE 6 ARTIC�E 7 ARTICLE 8 ARTIC�E 9 A CITY OF FRIDLEY VOLUNTEER FIREMAN'S RE�.TEF ASSOCIATION BY-LAWS OF FRIDLEY FIRE DEPHRTMENT RE�IEF ASSOCIATION INDEX ORGANIZATIUN AND DUTIES OF OFFI�ERS ALLOCATtON OF FUN�S . MtMBERSt�IP � PENSIaN BENEFITS ` INJUttY AND SICKMESS BENEFITS DI�ABI�LITY BENEFITS dEATH BENEFITS STATE DELEuATES MISCEL�A�lEOUS RU�ES � PAGES �-3 PAGES 3-4 NAGE 5 PAuES 6-7 F'AGE 8 PAGE 9 . PAGE 10 PAGE 11 PAGE 11-12 � � CITY OF. FRIDLEY VOLUNT�ER FIREMAN'S RELIEF ASSOCIA7ION BY-LAWS OF FRIDLEY FIRt DEI'ARTMENT RELIEF ASSOCIATION ARTICLE I ORGANIZHTION & DUTIES OF OFFIc;ERS � SECTION 1. PRESIDENT'S DUTY. It shall pe the duty of the president to preside at a]! meetings of this association, to sign all orders drawn upon the treasurer for the payment of such sums of money as may rrom time ' to time be authorized by the By-Laws or properly voted by the Association, ana to sign al: certificates and notices as may require h1s signature to authenticate them, and to have generai supervision over the Association. � � � � , �� � ' � ' ' i SECTION z. VICE-PRESIDENT'S DUTY. It shall �e the duty of the vice- president to assist the president, an in nis absence to officiate for him. SECTION 3. SECRETARY'S DUTY. It snall be the auty of the secretary io keep a correct record ofi a the meetings of the Association and of the board ot trustees and of ail business transacted by the Association; to keep a list of all members of the Association, showing �he date when each person became and ceased to be a member; to keep an account with each member, showing the amount pa�d by him to the Association as initiation fees, dues, tines, assessments or other purp�ses; and to keep a correct account of all moneys received and ctisbursed by the Association. The secretary shall turnish a surety bond to be approved by the City Councii in an amount specified by them, conditioned on the faithfi�ul perrormance ot his duties. Such bona shall be f�led with tne City Clerk and shal� be paid for by the Associati�on._� ' . The books of the secretary sha�l be at all �imes subject to inspection by any member or the board of trustees or by the pubTic examiner of the 5tate. � The secretary shall at each regular meeting of the board or trustees make a report in writing, showing tlie names of all persons who have become or ceased to be members since his last report, the names or all persons to whom benefiits or pensions have been paid, and the amount paid to each, tne amount ot money received since his 7ast report and tne source tnereof,� the amount of money paid out and expended during such time and for what purpose, the amount of money on nand, and wnere the same is invested or deposited, ana such other information as shali'show the general conaition of ine Association. The secretary snall turn over all moneys received by him to the treasur�r within a period of ten days ana shall obtain a receipt. � � LJ i � , ARTICLE i (cont.) In add�tion to the above regular report, the secretary together with tne treasurer shall prepare annually a detailed report of the receipts and expenditures for the preceding year showing to whom ana for what purpose the money had been paid and expended, and, on or tiefore September l, file such report with tne clerk of the municipa]�ty and a duplicate with the State Commissioner of lnsurance. � The secretary sha11 notify the �ity Clerk of ail injuries suffered by a member of the Fire Qepartment immediately after learning thereof. � He shall examine all c�aims against the Association and ascerta�n � and report to the board of trustees whether or not they are proper and correct before the allowance thereot of said board. I_J , ' ' SECTIuN 4. TREASuRER`S DUTY. It shall be the duty of the treasurer. to receive an:' receipt tor all moneys belonging to the Association, and to disburse the same only by draft signed by the president and countersigned by the secretary and the treasurer of the Association; to keep a correct account in �he books kept for that purpose, of ali moneys received and aisbursed by him; to keep a separate and distinct account of the two funds of the Association and to prepare for and present to the board of trustees ai each regular annual meeting thereof and at.such.other times as the boara shall airect, a complete ana detailed statement �n writing of the assets ot the Association and the amount belong�ng to each of the funds, and to coilect all�interests on certificates of deposit, bonds and other obligations held and owned by the Association. The treasurer shall deposit � ..to tne credit or the Association or banks as shall be designated within ten days af�er recei.pt tnereof all money received by him in such banK ay the boara of trustees. � The treasurer sfiail be the custodian of and responsible for tne safekeeping of all dank books, certif'icates of deposit, notes, bonds, securities, and other obl`igations for the-payment of money belonging to or held in irust by the Association, and shail deliver same and all �� moneys and all other properties in his possession belQnging to the Hssociation to his successor in office or to any person or committee authorized to receive the same by the board of trustees. The treasurer ' shall not be responsib�e for the failure of such investments properly made in accordance with the provisions of these by-laws, but only for tne safekeeping of. the secur�t9es.` � � � ' � He sh�11 prior �a entering upon the duties gooa and sufficient surety bond conaitional upon of nis duties, in an amount as set by the board the City Council. The Council may r.equire at an bond.be posted. Such bond shall be filed with t be paid �For by the Association� -2- of nis office, give a. the faithful performance ot trustees and approved by y time that an additionai he City �lerk, and shall ' � � �i . ARTICLE I (cont.) The treasurer shall make out and.deliver to the secretary a rec�ipt for all moneys received by the treasurer wnether paid through tne secre�tary or not. Tne treasurei� shall furnish to the secretary from time to time sucn information as he may require to perfarm tne duties ot his office and perform such other duties as usually appertain to his office, and shall receive as compensation for his service such sum as shali be determined by the Hssociation. , SECTIOiv 5. NOWERS uF THE BOARu OF fRUSTEtS. The Boara of Trustees shall have exclus�ve contro► and management of alt funds received by the � Association and shall constit�te the governing body of said Association with I full power and authority �o carry �ut tne objects and purposes ofi the Association and the laws of the state of Minnesota. A quorum tor the �oard of Trustees shall be two-inirds of its membership. � u � ' i � � � � LJ � � � �� All app�;:ations tor re�ief or benefits shall be presented to the secretary for action by the �oard of Trustees, and all applications shall be accompanied'by.a certificate ot disability from the physician in attendance, stating the length of time that sucn member has been unabie to perform any and every kind ot duty pertaining to his usual occupation., ihis application shail also show ihat the disability or. injury received at the time ana in the manner provided in Section 1 of Article V of these By-Laws if so received. SECTIUN 6. ELEGTiON OF BOARu OF rRUSTEtS. Ihe Board of Tt�.ustees shali consist ot seven members, eiecte y tne membersnip at its annual meeting, for a two year term. Three (3) Board mempers shall ae paid memaers of the department, three (3) Board members shail be voiunteer members of the department and one (1) Board member snall be a service, disability or aeferred pensioner or the department. , � In tne event there is an insufficient number of candidates for Board membership to provide the above aescribed ratio of inembers, then the Board shall request an ex-orficio memaer (s) to serve in the vacant posttion (s), and said ex-ofticio member (s) snall be vested with the same rights, powers and privileges as any other Boara member. (ttev. ]/72) �ECTION 7. EX-OFFIGIO MtMBERS. The Board of Trustees snall also � consist of tne fol owing members: The Mayor of the City of Fridley; the City Clerk of.the �ity of Frialey, and tne Fire Ch�ef. (Rev. 1�72) • ARTIC�E II ALLOCATION OF FUNDS SE�TION 1. FUivDS. All money receiv.ed from the Hssociation shall be kept in two separate funds. . SECTION 2. GENEttAL FUND.• The tunds received by this Associat�on from dues, donations, fines, initiation fees and entertainments, shail be kept�in a general tund and may be disbursed upon a majority vote ot the members of the Board of Trustees for any purpose reasonably suited to promote the welfare of the Association and its members and of tne equipment and maintenance of the i-ire Department. � -3- � , � � � � ' � , � A ARTICLE II. (cont.) SEGTION 3. SPECIAL FuND. Al1 funds received by this Associa�ion from the tax levied by tne City Cauncil and the gross premiums tax on fire insurance premiums and contributions ot the paid full time firemen and other money which may be directly donatea ar transferred to said fund, shall be kept in a separate account on the books of the �reasurer „ known as tne Special rund and shall be disbursed only ror the foliowing purposes: a) For relief of sick, injured and disabled memaers of the Fire Deparzment. b) For the payment.of pensions to disabled firemen and tne widows and.orphans of such firemen. c) For the payment ot pensions to retired firemen pursuant to the laws ot the State. d) For the paymenL of the fees, dues and assessments in the Minnesota State Volunteer t-iremen's Benefit Association to the membership and benefits of such State Assoc�ation. e) For the payment of such death or tuneral benefits as may be from time to time stipulated in the By-�aws of the Hssociation. f) For the payment of necessary expenses of administering tne fund, including secretaries and treasurers salaries. � �. SECTION 4. INVESTMENT OF FUNDS., The Association may invesi its funds in income paying properties and securities. A11 loads or investments from either zhe generai fund or the special �und sha11 be recommenaed by , the Board of Trustees and approved by.thr.ee-fourths vote of all members of the Association present. , �J � � SEC�IUN 5. t,USTODY OF FU�dUS ON DTSSOLUTION. In case this Rel�ef Assoc�ation e discont�nuea or the treasurer s ould resign or.be removed from off�ce, and for any reason the members should fail to elscz a new treasurer, the District Court may appoint a trustee or trustees of said funds or may direct that the funds be paid to the treasurer of the City � to be held in trust by h�m and paid out only in accordance with Article II, Sections 2 and 3 of these By=Laws. � * ReV: 9/73 , ' � � � -4- � ' � AR`fICLE III MEMBERSHIP . .� SECTION 1. MEMBERSNIP. Every active member of the Fridiey Fire . Department upon presenting a written appiication, signed by himself, stating name, residence, position to which he belongs, and name of , beneficiary in case of death, date when he joined the Fire Department and the payment of a year's dues in advance, shall be entitled to a � Certificate of Membership in the Association. � � ' I _J � � � ;J ' i 1 � 1 SECTION 2. DUES. All members in good standing shall be entitled to benefits as provided in the By-Laws, and shall pay a total yearly fee set by the State Volunteer Firemen's 8enefit Association, on or before July lst of e�..h calendar year. SECTION 3. FAILURE TO PAY DUES. Any member failing to pay his annua dues with�n f�fteen days after Juiy 1st of each caiendar year, shail be notified of such deiinquency by the secretary, and if they are not paid within fifteen days after such notice, he shall thereupon cease to be a member of the Association. Any member so dropped may be reinstated within sixty days thereafter by paying a fine of $2.00 in addition to the dues. SECTION 4. CERTIFICATE OF MEMBERSNIP, The certificate of membersfiip shail be signed by the President and Secretary of the_State Volunteer Firemen's Senefit Association. . S�CTION 5. PEP•lALTY FOR FRAUD. 'Any member who shall be charged with imposing�upon this Association by.feigni�ng sickness or injury for the purpose of defrauding the same shall be given a hearing by the Board of Trustees, and upon recammendation by the Board of Trustees may be expelled by a two-thirds `vote of inembership of the Association present and voting following a hearing before the membership on the Board's recommendation. . �' -5- � 1 '. . . . � �J � � � ' , L� A ARTICLE IV I'ENSION BENEFITS SECTION 1. PENSION 8uAR0. The Board of Trustees shall constitute t�he Pension 8oard ana shall act upon all appiications for pensions and on a�l oiher forms of benetits provided by these By-Laws. SECTION 2. VOLUNTEEtt FIREMEN PENSION BEivEFITS. The Board of Trustees, acting as the Pension 6oard and by t e agreement of tne City Council, shal� determine the base service pensibn. The base service pension to be effective January 1,�� shall be $720.00 per month. "� r� � � �3" ;,- � , � (1) The �oard of Trustees, when acting as the Pension Board, is herebv authorized to pay a service pension not to exceed the base �ervice pension per month to al� retired voiunteer members who reached the age of fifty years or more and have served�!at �east twenty years as a member of the Fire Department of the City and have been members of the Relief Association at 7east nineteen years. * SECTION 3. INCREASING VOLUNTtER FIREMEN P�NSION BtNEFITS. The Board of Trustees may increase the month y pension of retired volunteer members by adding io the base service pension $3.00 tor eacn year of active duty aver twenty years, but subject to a maximum or ten additional years of active duty. * . , SECTION 4. OTHER LIMITATIONS. No pension shall be paid to any active member of the F'�re Department•and no recipient of such pension shall ae entit.lea to any other relief from the Associatiorr. , �� , � �J LJ 1 �� ivo payment made or to be made by this Assoc�ation to any member on tne pension roll sha]1 ae�subject to judgment, garnishment, execution or other legal process. Such payments are noL assignable, and the Association shalt not recognize any assignment or pay over any maney so assigned. SECTION 5, uEATH OF PEivSIUNER. When a service pensioner, disability pensioner, or deferred pensioner or�an active member of a Relier Association dies, leaving . (lj H widow who was his legally married wife, residing witn him,-and wno was married to him wnile or prior to the time he was on the payrol� of the Fire Department, and who, in case the deceased memqer was a service or dererred pensioner was iegally married � to the member at teast three years before his retirement from the Fire uepartment or • _ * Rev. 9/73 u S� � 1 � 1. � � � � ' , � ' ' � � ARTICLE IV (cont.) (2) A chila or children who were �iving whiie the deceased was on the payrol� of the Fire Department, or born within nine months after the decedent was withdrawn from the payroll of the Fire Department, the widow and the child or children shall be entitled � to a pension or pensions as follows: a) To a chiia or children, if their mother is living, a pension no� to exceed 22% of the dase service pension ror each ch�ld, until each child shall reacn the age of 18 years, in conform�ty wi�h the By-Laws of the Association; provided the tota7 pension shall not exceed 120% of the base service pension per month. * b) To the widow, a pension of noz less than 54%, and not to exceea the sum of 65% per month, as,the �y-Laws of the Association provide, for her natural �ife; provided that . it she shall remarry then the pensiort shall cease and terminate as of the date of her remarriage. x c) A child or children of a deceased member receiving a pension or pensions nereunder, shall after the deatn of their mother, be entitled to receive a pension or pensions in such amounti as the Board of Trustees of the Association shall deem necessary � to properiy support the child or children until they each reach the age of not less than 16 and not more than i8 years, as the By-�aws of the Hssociation may provide; but the total amount of the pension or pensions hereunder for any child or cn9ldren shail not exceed the sum of 120% of the base service pension per month. * (3) if the widow is deceased, benefit shall be paid to trust in the amount of 54% or the base service pension plus an additional 22% of the base service pension•for each cnild, provided however that the total amount paid shail not exceed 120% of �ne base service pension each month. � � . SECTIUN 6. EARLY RETIREMENi' SERVICE PENSION. Upon approval of the �oard, any ac�ive member whv has servea more than ten years but less than twenty years, and who shall resign in g�od standing, shal� be er�titled to receive an early retirement service pension. Such pension shall be a lump sum in tne amount of 5Q� of the base �. � service pension times 12, times the number of years service, payable when .applicant reaches age 50. � Tne applicant may elect io receive a deferred annual installment . 'over a period not to exceed four years. * � ' * Rev. 9/73 ' ' � -7- � � ' � r � , � , , ARTICLE V INJURY AND SICKNESS BENEFITS SECTION 1. SIGKNESS INJURY BENEFITS. Every member of the Association in good standing who is unab e to perform any and every duty pertaining to his usual occupation, shall receive a min�mum of 22 units per day during such disability for a period not to exceed thirty (30) weeks. The Board of Trustees may increase this amount and extend the period of payment upon two-thirds vote; provided, hov,�ever, that such sickness, disability or injury was received while actually engaged in the performance of his duties as a member of the C�ty of Fridley Volunteer Fire Department. This benefit shall be paid after the first 90 working days of the disability. „ ' � SECTION 2. REPORT SICKNESS OR DISABIl.ITY. Any member becoming disabled or receiving an injury as set forth in Section 1, shall report the same to the Chief of the Department or� Offiicer in�charge immediately. He shall report the same to the Secretary- of the Relief Association within twenty four (24) hours. It shali be the duty af the Secretary to report such injury or sickness to the City C�erk of Fridley, by not later than the first working day after receipt of such notification. In the event of serious injury or death, the Secretary shall notify ' � the City Clerk within twenty four (24) hours of its occurrence. (Rev. 1/72) C1 � � r � � ►� u r � � 0 _$_ . . � i 1 .� J AR7ICLE VT DISABILITY BENEFITS ' � SECTION 1. VOLl1N7'EER FIREMEN DISABILITY BENEFITS. Any volunteer fireman who becomes permanently disabled from performing the duties af a fireman, shall be eligible to receive a disability benefit of equal to ' the base service pension, comm�ncing on the date of such disability as certified by a licens�d physician in a form satisfactory to the Board, provided such disabiTity is causaliy related to his employment as a fireman.* , Where such disability is not causal]y related to his employment as a fireman, and where he has served at le.ast 10 years, the disability amount sha11 be 45% of the base service pension per month plus 5z% for each � year in excess of 10 subj�ct to a maximum equal to the base service � pension, payable upon reaching minimum retirement age.* No amount of benefits shall be payabl.e if the individual's loss ' ' shall direct7y or indirectly, wholly or partly, result from: � � � , � , � � � � � (1) Self-inflicted injury or suicide, while sane or insane; or (2) The commission of or the attempt to commit an assault or felony by the individuai. SECTION 2. EVIDENCE OF DISABILITY. The Board of�Trustees reserves the right to require from the disabled fireman at any time, evidence , satisfactory to the Board verifying the fireman's disability. The Board may require an examination of the applicant at the Board's expense by a licensed physician o�F the Baard's choic� prior to ruling on any disability claims. * � � SECTION 3. CLAIMS FOR RECURRING DISABILITY. A statement by the attending physician t at the fireman is able to per.form his,normal duties as a firefigh�er w711 be required in all disability claims. No ciaim for recurring injury resulting from the previous disability will be accepted by�the Board uniess said statement has been furnished to the Board. * * Rev. 9/73 � � ' I ' . � � � ' , . � ' � � � � , � , � , � �� , � ART�CLE VII DEATN BENEFITS SECTION 1. LUMP S�M DEATH BEivEFITS. On the death or a member or this Association, incurred w ile acting and p�rforming duties as a tireman, the benericiary named in the Certificate sha11 receive a sum in the amoun� of �1500.00. SEcTIUN Z. VO�UNTEER FIKEMAN DEATH BENEFLTS. The widow of a volunteer fireman who dies and has served at least IO years of s�rvice on the Fire Department and such.death is not causally reiated in his employment as a firerighter, snall receive not less than 54% per month and not more than 65% of the base service pension. * � �A. Each surviving cnild of a deceased fireman shall receive not less than 22% of the �ase service pension. * B. The total amount ot benefits set�forth in this section shall not . not exceed 120% of the bas�_. service per.sion. * SECTION 3. MEMOKIALS. The president and the secretary are hereby authorized io expena not more tnan $25,00 for an appropriate purpose in case of death of any member �t this Association and not more than $15.00 in case of the deatn in the family of any member of th�s Association. These disbursements shali be trom the Generai Fund. * , * Rev. 9/73 0 �lo� \1 r� � �. , . � ' �J , � ARTIGLE VIII STATE DELEGATES SECTION 1. DELEGf�TES. The Association shall elect one delegate ta the State Convention and reimburse him for actual necessary expenses. ARTICLE IX MISCELLANEOUS RULES SECTION 1. REPORTS. All reports and resolutions shall be submitted in writing and no report from a Comm��tee shall be received unless it is approved by.a majority of the Committee; but a minority report may always be presented. . SECTION 2. DISBURSEMENT OF FUNDS. �All moneys of this Association shall.be d�sbursed on y as heretofore provided except by a two-thirds vote of the Association. If the condition of the treasury does not permit the payment of all benefits in full, the available funds shall be pro-rated among the several beneficiaries. � � SECTION 3. ANNUAL MEETING. The regular meeting af the Association • shall be held before the 15th of January of each year at 7:00 P.M. ' SECTION 4. DEBTS PRONIBITED. No officer or member af this � Asso�iation shail contract any debt for the same unless authorized by � the Board of Trustees. . SECTIQN 5. MEMBERSHIP APPLICATION. All applications for membership � shall e ma e�n wr�t�ng on t e proper form provided and submitted as soon as a member is accepted on the Fire Department. . SECTION 6. QUORUM. 50% of the members in good standing shall consti 1;ute a quorum. SECTION 7. "UNIT". A"IJNIT" defined in these By-Laws represents the sum of 3..00. 0 - -11- � . . ' . , . � ' � i � � � , � ARTICLE IX (cont.j SECTION 8. ORDER OF BUSINESS. The following order of business shall be adhered to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Call to Order RoT 1 Cal'i Reading Minutes of Previous Meetings Reports of Committees Election of Members Unfinished Business Election of Officers Miscellaneous and New Susiness Report of Treasurer Except as otherwise prov�ided in these By-Laws, Roberts Rules o�F Order (Revised Edition), shall govern the conduct of the meeting (Rev. 1/72) SECTION 9. AMENDING OF BY-LAt�IS. The By-Laws of this organization , may be amended as fo ov�is: ' Each member shall receive a written copy of the proposed amendment • at least thirty (30) days prior to any action being taken on the proposal. After proper call, at any regular meeting or special meeting of this Association, voting on any proposed amendment shal-1 be in order. A simple majority af the members present and voting shall be suffic�en� to amend the 8y-Laws, provided, however, that a quorum is present at the time the vote is taken. .. Notwithstanding the abave procedure, the By=Laws of this organization r. may be amended upon recommendati�on of the Board at any regular or ` special meeting of this Association if a unanimous vote is cas� ' approving the proposed amendment by all members present �t the meeting, provided, however, that a quorum is present at the time the vote is taken. �I !J � Amended July 1., i969 �. � . � . � � , . 0 -12- 0 � � CITY OF FRIDLEY M E M O R 11 N D U M T0: NASIM M. QURESHI , CTTY MAI�AGER, AND CITY COUNCIL FROM: MAR1lI�! C. BRUNSELL, ASST. CITY MGR./FIid. DIR. SUBJECT: A3SENTEE BALLQTS F4R THE GEIVERAL ELECTION, NOyEM�ER 4, 191� DATE : SEPTEP�Q� R 1>, 19?5 i!;e a��ca�ru d absent�e ba11 oi;s ha��e beeri des i gned accordi ng to t;e Minn�sata E7ecuion Lai�as. They are g-iven �a you for informaf.i�n p����a;�s. TV�c nam�s ���11 b� ro�a�e:i acc�rding to l aw . MCB : sh. 11 \ �\ \� � \ i ; � . � •, • • . ' • I' •. • • � . . I. � . 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' � U � U �. .� l /• ,� _ _ �.� ' � . e . �:Q' �� ' � _ . � � ; . ` ��� �� - - � .. . . - . ' . � .. . � . . v o � �MAY�� � . o � _ � �� p �. �3 ,,,y L� a e ������ . "� ... e .. e . � � . . . . {'°' �,�'! . . . • � : � �y'3,. _ �''F� � � . � . _ _ (,�} i r° . � � e ' , . . • . . y �� �v (fj � ' ., , ° - „ : �rs.� r� =i � : �w � �. . - � � _.; � t �� ,�.. �ra � � ° - � s� ��� ,-� � - ,,,,a ;C i cc . � C � €'�. ,) � . � � '� ��� • '�e ''' � �t+i:F'r`c' �* I Cr7 ; . ^� r-� � � . g� �r � � � � . ' � � � � • , ! � 1 @k y ,( a� a � 1 G.i-. . Y?� �,i�_..+a,� vs �k�:a 47 � � !' W . , • . - � � • . v . � �..� ;r i �.r. �� S'� . �a� . . CJ . � . ° � .. 1 i--�_ �.'�yd,�.'>'n . T�,.,- "�'2C":y . . � � ( � . . � . . .. _. . • � � � / �� �? F� � ._�,,�k �� � y�y . . �, � � � � � . • : . � . �r i��;•�' �'#����.� � • p� . . � �.� � . . � . . �, . . .. � �� 6 . , � � �K . . . C� f : , �4. k F� � (� • ' ' � � :.�'�`.: G3'�r ' . . � � . .. . . _ . . . r_ � ,� �. .� � � �.� . . � , . , �pj✓� :: � . � . . . , � � . . . .. : . . . e . . � � i� �^-�` _� � � - � Q1 .. • Qi ' � . � � � - � -' . iY!'a� �:: . ' . � . '� � . �-`, � � ' '� . � � � �� � � � M�MO T0: Richard N. Sobiech, Public Works Director ME�iU FROM: Thomas A. Colbert, �ssistant City Engineer DAT�: September 12, 1975 SUBJECT: Proposed Agreement with �innesota Highway Depax�ment for Signalization at TH 65 and 53rd Avenue In reference to tl�e cost pa.rticipation agreement pr.oposed by the.Minn�.�oi.a Highway B�partment in the attached letter dated September 9, 1975, the division of maintenance and financial responsi'�ilities are all in proper order and in accordance with similiar previous agreements. It is the Engineering Division's reconunendatian that the Council, at ttzeir -regular meeting of September 22, 1975 approve this preliminary cost participation proposal so that the Minnesata I-�ighc,�ay Departmei�t may proceeu with thei.r prepara- tion of a formal a�reement. TAC/jm ' � T��:a7_ Ccs� of Revi.:yi_an af Sign�Is $75,000 Cost oi Proj ect aftAr 70 o I�ederaJ_ Funcling ap�?.ied $22,5f�Ci City Sfaare ('-4 Cast) $5,625 PI?as 6 0 �f F'i~ajcc� Cost 2,,350 CI'TY Ol3�,IGP.� ICiN . . . (0�~i�;i.na��. Esti7,�a.t� of City's Sl�are = $1.8,500 as 70 0; ederal. � u:;�lin.g was not ani:icipated) . . . .$6,9i5 12 ' ' , � r--, J I i � � Cp�t� W � �'. ` �I � � J 4�� ,.;Y� �.r�� �y'(�{�,� i� `�B.Y� 1�� \61 . - •y' �.. 1- STATE O�' Mfl�lPJESU't'!� DEPARTM�NT OF HIGHWAYS DISTRiCT NO. 5 2065 NO. LILAC DRIVH MINNEAPOLIS, MIR�N. September 9f 1975 Mr. Richard 11. Sobiech Fridley City Engineer 6431 University Avenue Iv-E Fridl.eyy Ikinnesota 55432 In Rep].y l�e�er Ta: 315 C.S� 0207 �lh 65) At 5�rd t�venue �v'or�h Revision o� Tra.�fic Si.gn.als Deax �lr. Sobiech: (� i�i� � �?%'� �X�� 12 A ' The purpa�e of �Y�is let�er is to clari£y the cost spli�ts and mair_te�ance �reement �a� �his projecta The ne�fr schedu2ed lettin� date is December i9, 1975. � !_. J �� r � ' � � ' Tt is I-izgkz�rwy Depaxt�n�nt poli�y �o assi,;n cons�txuc�a.on costs on th� basis of erztering ie�;s �nd �rac�er �ihose �iurisd�.ci�.on tiiey lie. Thu�� �t the su�j:.c�; in�;ea�s�etian the St�te �,�auld be r�sponsi��e far three entering legs a,nd t'r�e Caty of Fxidley ior �9;he rem�i_z2i.n� entering leg. The re- sult�.yr;.i� cc�si; s�7 it; �roul� �ae 75i� Sia,�� and 25i� Ci�ty. �n acldi�ti.an.;a1. 6� of tiie City�> s��z�e �vi17� be char�ec� �h� Ci�tsr �c�x� �n;ineerirk; and zn- sp�ction. Tk�� rnmaiz�.in� cosi:s v��u�.d be �or�n�: by th� State o It app���rs tha� this proj�ct �vil1. qual:�iy �or 70ja I'eder.a.7. Fu:a.ding. Thex�eforey a1.1 c4st s�4its �vill be on the reu:ain:ing 3�io af tile toa.l. construcl;iQn cast. i3��ed on pre�:i�v�:a�ry e�i:ipi`,i�e�9 the tota� cos� �:, o�' revisin�; i;�iis si�;n�.1. sys�em is �75�Q�0. P�:i,n�;a_n��s rel�,m���ri� t�.e sx�z2alp r�:l.�m��.n� the str.eet li.gkztsg and c:? ean- ir� viill be tY�� r.espon��-bilit�y o� i;he City. �'ower cost� tc run the sig-- na,i_ syster�: �:,ad -�1ze sta�eet Ii�kzts ���il.l �lso be �;he Cityes respansibility. li1.Z otrie�° m��;.n�i.en�ce c°,�iJ_�. �?� �h�: re:sr�ara.�zr�.J:ity oi tne Sta�e. Please �or�v?ru your de-.citi;i.on on our propos�.l. so vae cazz proceed with �;he prepara�:ion o:C a#'ormaL CC70�8Z'c`Lj:l.trE �freem�:t�t@ complete our construction plans asic3 zn�et th� lettz.n; dat;e. . Sir�cerely' G'J. �;i. Cra,���ux�c. Distric�L �af�a.reer ,-, �,. � �;% �% ;��G''�i'•-i: C"� :k3Y; R. �'I. I?obirl�on Da.si;rict r.C:CA��1.0 �ineer ;,�;„ 3s�� e5 1 ■ � MEMO T0: N�MO FROM � DATE: � SUBJECT: Nasim M. Qureslii, City Manager Richard N. Sobiech, Public Works Director September 17, 1975 Proposed Agreement Between City of Frid2ey and Richard Povli�zki_ ' Attached please find an agreerr,e,zt prepar.ed by the City Adminis- tration regarding the rezonin.g, of the praperty known as the Frontier Cluv. The agreement has been revieth�ed by the City At- � torney and the revisions suggested by him have been incorporated into the fznal draft. ' � � ' � The �.greement has been di.scussed with Mr. Povl��tzki �vho has in- dicated his concuxrence and is agreeable to final execution of the agreement, however, h1r. Povlitzki did indica.te that to proceed with the rezaning ot tl�e prope;rt,y would he dependent upon his final acquisitior� of a liquor' licensce Thexefc��e, at t�i�s time he is reluctant to sign tYie agreeiuent �vhich �roul.d result in: certai�z improvemen�s being perfoi-nied by him to hi.s property.before knowing wl�e�ther he would be able to receive a liaz�c�r l�cense, I�e laas re�uest;ed co��sic�er.��.t:ion of the a.green�.ent �nd. tne possibility of acqui.r�.ng a liquor Zic�nse by the Ci�y Cauncil a� tl�e regular Council meet:i.ng of Sepi:em��er ?2, 19�75. lt is re<<ue�ted a� this time t}�.e agr.eement be for�vard.ec�. to the Coi.z��cil. £�or their review, together wit;z i:he ccans�cleration a� Nir, Pova���t.i;�.'s xec�izes� re-- gdrdin.g the status of hs_s liq�.zar lic�nse a.;�l�7.z.,ation. ' RNS/ j m � . � � � � ' l3 S7ATE QF M.INNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT l3 A . TtiIS AGREEMENT made and en�ered into this day of , 1975, by and between Richard D. Povlitzki and Marlene A. Povlitzki, hereinafter referred to as the "Owners" and the City of Fridley, Minnesota, a municipal corporation, hereinafter referred to as the "City". WHEREAS, the property Owners have petitioned the City to rezone the following property from the present C-1 zoning c7assification to C-2 z.oning classification: Lot l, Block l, Walnut Additian, City of Fridley. WHEREAS, the City Cauncil finds that the rezoning of this area to a C-2 zoning use district will be in the public inter�st, welfare, and convenience to the people of i.he City of Fridley provided that certain impr�.�,!ernents are made to the afore- mentioned property and provided further that the Own�rs agree to make such.improve- ments and maintain said property according to standards agreed to in advance by the parties hereto; and WHEREAS, �the City has considered the rezor�ing application and has adopted the rezoning ordinance on first reading ai the Regular Gouncil Meeting of� July 21, 1975. N04Y 9 THEREC�ORE 6E IT RESQLVED, that �i � i s rnut�al 1y agrEed as fol l ows : 1. That the Ot�vners i n consi dera�(:i on of adopt� on af second read� ng of th� rezoni ng ordirzanc? i?iICP }Jll��1Cc��lOt1 C�f same, ��c�s .agree to imprav� and maintain the exis�ti►�g �aroperty� to mininlum s�(�and�.r�(s r�e�uired 'oy the C�ty Code. , 2) Thai: sucE� imr��~Q��er;��►�%s wi i 1 i ncl Lad� upgtrad i ng of �xi sti ng bui 1 di ngs, 1 andscapi ng, scre�ni n� �r�ci �arki r�� ar��. by furni shi rrg and �i nsiall i r�g pa� rit, pl anti ngs, sod, bi t�?mi nous sur�faci nq < paured car�cT�i,e curb, str;i pi ng ar�d fcnc� ng accordi ng to the setb«rks �nd stan�arcis of t:l��c G�i.y of �r�d�esy City Code and as noted on att�ched Exl�'i t�i L �1. 3) That a:���.���.�G� ar�e�� �cc��rding �to ihc C�t�� Cade, �e pro��ided for parking spaces and that i��i t i s��:ter��ii i��d by th� Ci ty thai: m:�re parki ng area i s requi red based on �h4 o�et�ai.i c;� a i -the exi sti rg busi ncss ; addi tiona7 property vai 1 I be acc�ui reci tQ c�r�v�Ed4 ��ie �ar�:i i�g. 4) That p�lans -r�r im�rau����c��tis must be approved by the Ci�y. � � � e Ci v wi 1 I ado �t �i�e S�CGi"i� r�eadi n o{ the ordi nanc� for rezoni ng �nd ,) �Fat _h t„ p 9 � � ' order publicat.ioi� upon ccmpletion of these im� rouernent�. G) That i t 7 s miatually agree� tr�at tl�� provi sions of thi s agreement sha11 (�e binding u�on ar�d enforcibie against the parties hereto, their successors, and as�signs and all subsequent owners of tt�e �r�p�rty h��� described. An execu�Ced Agreemenfi; Povlitzki/City Page 2 . copy of this agreemen� shallbe fil�d with the Anoka County Register of Deeds and made a part afi and be bind9ng upon the above described property. IN WIT(VESS WHEREOF, the part�ies hereto have hereunto set their hands this day of __--- , 1975. In Presence of l3 B Cantract fior Deed Owner - Richard D. Povlitzki Con�rac� for Deed Owner - Marlene A. Povlitzki STATE OF P<<ItiNESOT/� ) CQUN°�Y QF l�f�Oh'A � SS On th�iC; ____ day a� �� , 1975, bef�re me, a I�otary Pub"( i c t� t thi,� an�a for �a�d Co�nty, ��.��c��a°I �y a���arcc� � and , t� m� knat�.n t� �e tk�e pe?^sorts described in, and who exccuteU t��c foregci nc� i r�s 4�4��1,�:��t ar�a acl�rto��!� ec�ged �tFsa� �hey executed the same as �P�e�; f� �r^�� ac�t a�c� d�ed. l3 C Agreement;'Povlitzki/City Page 3 IN WITNESS WHEREOF, the parties her�to have set their hands this day of , 1975. In Pres�nce of Fee Holde� - Robert Carlsan � Fee Holder - Helen Carlson STATE OF MINNESOT� ) S� COUNTY OF A�OK/� ) (in this day Qf , l.9?5, beiore me, a Notary Pub1ic v�iti�in anci for said County,. p�rsonally appeare� and , ta me knawn to b� i:y� persons described in, and who executeci the i nregai f�g i nstrun,wn � and acknoE�al e�ged that they executed tne same as thier free act a��d deP�. TN �d�TNESS t�I�E.l2�vi=, �he E�art�es E��r�et�:� i��a�re s��t t�ie�r� �har�cks this d ay a f_____ _� �_______._ _� 19 7 5. � Tn P�~esence o� hiay�r -���1��l� �ar� J. Ne� --- City Pianar�t° - �asiit� C�i. Quresf�i �i� STAiE OF �1INC�ESOTR ) �S � . COI�NTY 0� �NOKI� j On this day of , 19i5, beforL me, a f�otary Pu�lic wit��an and f�r said County} pe:,sonally appeard � and , ta me knov�n �to b� ti�ie persons descri b�d i n, and who executed the foreyoing instr�mert and ackno��ledge�� thai they executed the same as their free act �nd d�eci. ____._ ____�_, — �� ' � ' ' ' 1 , ' � 1 ' ' �' � :. �. .: �,. �t, `'; : � �� ° "y'` ,: �i X�T'Y ,'�:+� � .m;:s i ' ^ �, �� ; ;; � ;� ��`�r^� �l��� 3 '� � i� � ". � �- � . �q� �,.� r'�'." ..=;� �; � �� � �, ��^. ,,�..,, , .��� ��. �- . � • � ,r+, ,,�_" ._ , �." `_`.� � _. .,. ,�, _ .. ... ; ' : ; __.....;..r o �' � �' �.. �. 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' , � � � . .. _. y . ,...: .. --`-'-''.,.._.. _... .__.... . � �__ ::.. : � ..._. _ .�.i �.... .�.�4�-.�'� �:.._.�. �. ___ ��... �_��.:_ . . .� � �� � (�'y,,l� � ^ � :���vJl� '° � �' � S� f�, � 1 � t� . ia� �'C� n� ; r'.. ��� U � �� �,�. �%� � ��'� i �'. ,� (n .� � � � �� !' rn L :.: F � "K Y�' ( r =� � : ti � �., C.� . . . . . �-. i, i! . � �'� t ri. •. .. r� � r� .. -� -_V. �.�`���. ` �l � � � ��:;;�� : �n ��, r4 .��' p1 CJ =� �� ,�:�, j , i� . �� . � � �� � ,t � �' t ,S .. ��---` 13 D ��. i- 0 Y .. �, 4 � t'+ �° �� : � ,S y EXHIBIT A ! r�' z� L t3 � � i�+ n r r 0 � � �� �4 f CITY OF FRIDLEY M E t�10 R A N D i1 M T0: NASI��1 M. QURESHI, CITY MR��AGER, AND CT1�Y COUiVCIL FRO(�1: MARVIf� C. BRUiVSCL.L, ASST. CIT'f t�iGR./FI�f. DIR. SUBJECT: TENIPORARY BONDS F0� STREE�j IMPRQUEf°1E�ui PROJECTS ST. 1975-1 , ST. 1975-� :��vC ST, i975-3 DATE: SEP.TEM�3ER 17, 1975 The attached resol�i:ior�s ��Fou1d au'tho�~ize �he issuarce of $1 ,2?U 4000,00 i;� ternl}orary irrpr'OV�IIIc',11i, borids for Stree�t Imprcv���}nt Prc�j:��.�:s ST, 1g75-1 g ST, l�'75-2 and ST. 1975-3. The Fo��c!s �,�i i 1 k�; {aurcNias�d �y •�41�� C��t;� of Fr� d1�y i��vestment Fun�. Tt�e projec�t�s invoze�� �th� con�Uen�cts 1�� ir� �l975 for str�e�t; ��orl�e i�o fin_�r!cir;� ha� �nen ��ro���d�;�! fiot� �l�Cse: proj�c�t:� to-�c�d;��. MCQ:sh � �1L� . 1�, A RESOLUTION N0. A RESOLUTION DIRECTl"I�G THE ISSUANCE 0� TEM,.nOR�11RY IMPROVEI�NT BONDS IN ACCORDANCE WzTH LAWS OF 1957, CH.APTER 385 BE IT RESOLVED By the Counca.l of the City of Fridley, Anoka County, Minnesota, as follows: SEC. 1. The tor31 esrima�Pd coyt o€ Str�et Improvement Proiects ST. 1975-1, ST. 1975-2 and ST. 1975-3 has been estimated at 1,223,000.00 SEC. 2o It is now estimated that the surn uf �1 22Q,000.00 is �urrentLy necessary to pro�.�ide financing of l:he projects above noted, and it i.s hereby det.ermiried to be necessary to borrow said amour.t for the payrnent of obli�;dti��ns iiow �.nce�rred and for expenses nece.ssari ly incurred itl connectiotl with the construction of said impzovement project. SEGm 3o Therc. is ht��eby created Stt^�_e�'. I111DY'ov�m�-�_��t7,�ct.5 ST. L°Z�=L; ST. i 975-2 an_r}__ST. 1�7��� �_ � which shall contain a c�}nstruction account as paxt ther.eof i�zro whi_c'� shaZ1 be p�id aZ1 y�roceeds o� temporary honds issued pur�uant to tb.is resoluti.c�rx a;id sin��.lary subsPquent r�salutions, and out of which sha2i be pai.s3 all amo�nts au.e a�d gayab2c as costs or e�.penses incident to or i.ncurrE� i.t� con.�F=�t:io�.. ��ri.t�l� tlte ma�ing of s�id i�p:-av�.ymenL. SEC� 4. Ther� i.s aLso 1-c�:r�ewy cr�ar_�f:i StrEet IIn���o�!�,ner�t ProjeC�s_ST. 1°75-1 , ST. 1975-?_ and 5�?�. 1975�3 � P& I Accounts which accour�l. in said .#«-�d �n� an;� ��ha11. be termed as tt�.Q � P & I_Fund, int.o wh�.ch shall. be ��ic3 the �-�raceec�s ai alI speciaL ass�s=raertts Ievieci against benefited property by ;-easc�n af maki_n� of sai�j iniPr.ovements as cvell as all other monies ther.ein to be n�i_ci as pro�rid��3 by law and out of which sha21 be 'paid the principa? and interest on all tempor.�ry improvc.:�,enr bon�s issued to finance said project. SEC. 5. Tt is heretay deCern�tnsd that Che su.�n of $T ,22�,0OO.Oc� shal.l be borrowed to finance said Street I��ipravc�ment r^rojec�ts ST. i975-� , ST. _197�-2 ai�� ST. 197�-3 with res�ect to c�st of construc[ion and expe.ises nccessarily incurred relative �� ' 14 B thereto to this date, by the issuance of temporary improvemen� bonds of tt�e City of Fri.dley as authorized in Minnesota Statutes, SEC. 429.01, Subdivision 3, as amended by I.aws 1957, Chapter 385. SEC. 6. Said bonds shall be payable from the P& I Fund of the following: Sireet Improvement Projects ST. 197�-1, ST. 197�-2 and ST. 1975-3 but the City further recognized its duty under the Law, a� provided by Sec. 429.091, and covenants and agrees.with the pur�aser and all holders fram Lime to time, of said t�nporary i.mprovement bonds, at or prior to the maturity thereof that it will pay and retire such bonds and the interest thereon out of the proceeds of definitive imprv•�.:uent bonds which the Cau,�cil shall issue and sell at or prior to the �naturity af the temporary improv ement bands to the exte��t that the same canno� be gaid our of funds available in the P� I. Fttnd of Street ImprOVement Projects ST. 1975-1, ST _1375-2 and ST. 197�-3 or out o£ other Municipal funds cahich are properly available and are approgriated by the Council for such purposeo S�CB 7. �t is heret��� determ��aed t� levy �pecia_t assessments a�ainst benefited property by reasan c�� t�e iu�dca.n� c�x S�r�E�f. T�ti�et'�c���ein°'r�i�o.��°et�__�T 7.�., �-1 , ST. 197�-� and STa 197�i- � --�nd to .1���}* �.ci �al;;r.�..� taxes, if neca�ssary, to prode.�c:e suiras at leasi. 5% i�:A c:�:ce>4< o� t.he an�oc�rts su��i.ci.ent to pay principal and znt�rest r�.hen du� on saLc� t��r,�p�r::.ry irrE�::��F�::u�nt br�n.ds and on any definitive bon�s to be issue�� as kiere-�,�� �ru�ai.'�wac3y su�ch s�c:ci� 1 asses �mcr,ts to be placed on tl�e t�s; r�I.v;a I�L s��clz t�r;aa ea:�.ei� s�ia im��ro�r�r!�ez�t ��.r.njectJ have been completea3 or the toi:al cost the.r�o� h� � be�ri deter�fined. SEC. 8. �a�.c� tc�mpor�ry i_z��r�v�:�l�ent boncis in the amount of �1 ,2?_O,QQ0.00 � shall be d�no��in�.teci ��:r�ct Im;�r�ove�nc�;�t Pro'e� cts ST. .1975-1 , ST. 1975-2 and ST. 1975-3 Qond ���r�es "A" shali be sixtv-o►�� �61) in n�unber and nucribered tram 1 to G1 inclusii*e, e�ch in tYee dc:,�.omination of $20,000.00 sliall bear interest at th� ratv o� 7% p�=r a�num, payable �emi-annually on Ma1�ch� and �S�nher c£ eactz year and shaZl nature on f�1dY'Cil 15, 1978 , shall �e subject to redemp�iozt and pre-paynient on any interest paymen[ date, ar �ar ■ _JI I � � I � l4 C and accrued intrrest. Not Zess than 30 days befoze the date specified for redemption on said bonds, the City Treasurer shall mail notice of the call thereof to the holder, if known, said Treasurer shall maintain a record �f. the names and addresses of the holders of said bonds insofar as such information zs made available tu him by the holders thereof, for the purpose of mailing said notices. The principa]. and all interest on said bonds sha11 be payable at Fridley City HaI1, 6431 University Avenue, N.E., Minneapolis, Minnesola 55421. . SECe 9. Said temporary improvement bonds sha.11 be mimeographed and when so mimeogruphe.d sha�l have attached tllereco an ireterest coupon which t>ond and coupon. sha7.1 be substantially in the following f.�rm: (Form �f Coupon) I�� $ (LJnless the bond describ�c� below is ca,lled fox earlier redemption) on tt.� day c;; __ • _, 19_^ , t h�� Caiznty, I�.innesaca, will pay to bearer at , P�i_nne�ota , � he ti�un of ,, mor..ey �f the i�nit ed �tat.�:s L7i ,�ymeric�z far i_n�erc��t t.hen dtfe on .i.ts DATI:I� 0 of doiiars lawful ---- _ C L�!' l�i��`�GER PikY it S�G, 10. Said bonds and couporG: att�.clied shall be. prc:nared under the �irection of the C�ty Maz�a�er and ahall b-� executed on. b�: haLL- of the Czty b}� the signa tures af Lhe Mayor anci Ma,la�er, ra.nd tt�e corpoxate sGal o� the City shal� be affixed I ' ' 1 �� ��� i� �� � iJ � � � �� D theret.o, and the appurtenant interes[ coupon shall be mimeographed and c�uthen�icate�:.. by the printed, engraved, lithographed, or facsimile si.gnatures uf said Mayur and Manager. When said bonds have been executed and authentica�ed they shall be delivered by the Treasurer to the purchaser thereof, upon payment of tl�e purchase price heretofore agreed upon and accrued interestt� date of delivery and said purchaser shall not be oblzged to see to the application thereof. ' SF,C. 11. The City Manager is hereby authorized atzd directed to file a certified copy of this resolution with County Auditor of Anoka Councy, together with �uch other information as he sha11 require and to obtain from said County Auditor a certificate that said bonds have heen en�ered on this bond register. SEC. 12o The bonds issued hereunder �;halt be payab]e for Street Improvemen�t Projects ST. 1975-1, ST. 1975-2 at�d ST� 1975-3 which is hereby created, The Treasurer shall cause alI mona.es r.eceived from the proce�ds oi said bonds, al1 monies appropriated anci transferred from other funds and all special assessments for the. improvement�: prcvided that if any paymen� u€ principal or interest shall become du.e when there is not sc.a�£icient Tr�oney irz saicl fund to pay the same, the Tr�aSUrer shall �ay such pri.ncipal ar interest fr.cY::n the general fund of tl�e City and s�ach fi�nd sha�l_ be rezrnb�sx-sea ior sue.t advazzce:: out of monie� to be credited to said fund ��rhen s��zd rnoni.e� ar� collecteda AI.Z �a�oceeds for said bonds except ac�ruec3 inte?:-r�st sh� J_1. be crec3icc>d to th.e €�n:� and u�ed to pfi�y the cost of said imp-restT��i*3enLs e SEC. 1_sr It is furtt�er provic�.�d Lhat should iL a�pear ar any time that the monies credit_e�i to sax.�i fu��� anc� provide� for the p�.yment of principal or interest on t.he bonds ti,�tie,7 the su,;s bec�me due arP not suffici_ent to pay the same, that �hen the City shall issue f�axther �ie£initive improv4ment bonds as authorized and provided in acc�rdanc� witYi Minnesat�: Statutes, S�r. 429.091, Chapter 475, and Chac tlze grocess of said furth�r definitive bOI1CJS shall be £irst used to pay the principal and inter�st as is th�n due ar�d �o redeem ti�e temporary bonds issued thereundcr. 14 E SEC. I4. The City Council has deCermined that nok less than twenty percent (20%) of the total cost of said i,mprovements will be paid by special assessments to be levied against every lot, piece or parcel o£ land benefited by the said improvements. The City hereby covenants and agrees that it will do and perform, as soon as they can be done, all acts and things neGessary for the £inal and valid levy of such special assessments, and in the event that any such assessments be at any tiare held invalid with respect to any lpt, piece or parcel of land, due to any error, defect or irregularity, or �n any ac:tion or proceeding taken or to be taken by the Council or any of tlle City �fficers or employe�s, either iii the makin� oE such assessment �r i_n the perforniance of any condii_ion prece�ent thereto, the City and this Council wi11. forthwith do all such further praceedings as may be requireci by 1aw to make such assessrsents valid and binding liens against suctt proper�y, and also shaL1 take such. further groceedir��s as may be required by law to provzde monies for the payment of principal and i�.iterest as the same £a11 due on the bonds issued hereiinder and to �rovide for Lhe redeui�tion of the same. SEC, IS, It is t-iereby dc�i:ercnzr�ed tiz�t tP�e collectian o� s�ecial assessments and the proceed:; o� monies ap�ropl-iaveEi �nd t.ransierred froin attter. funds i s and �aill �e in ai: amaunt af at Ieast five �Ser c�nt (510) in excess of the a%ouat required to p�•.y t.h� princig�al of and the in�ere,t a�� said bonzls urhen due ..�nd that no ad valarem tax 2evy is ac�.ox�c3.i_ngly reqd.�ir�c' . , SEC, 16. The officers of tk��� Ci_tv and the County Ae:.cii.tor of Anoka Caunty are heret�y aiatl�orized and dz.rrcted to prepare and furnisl� t� the purchaser of said bonds anc3 iv the attorneys approving t:,e lcgality of tlie �ssa�anc� thereo�, certi.fied copi.es of all proceedings ar.d recor�s reiating to saz.� bonds and to the �inancial affairs of- saic� City, anc� such otl�er affidavits, certificates and informar_ion as may be requir�d, to sho� the facts relatir�g t.o Che legali�y and marlcetabil_ity of sai�i bands as the same appea:� from the books and records under their custody and control or as otherwzse known to the, and such certificates, certified coPies and a�fidavits, incltsding any heretofore furnished, shall be deemed representations of the Czty as to the correctness of all statements contained therein. PASSED Atv'D ADOPTED BY THE CITY COUNCTL OF THE CITY Or FRIDLEY Tf{ZS DAY OF , MA�ai� - CI�'Y I��1ivTAGER - A?�E ST' : CI�'Y C:�1i:J?1C -` �ax`virt Co b�ur.ksell 1�E F i [1 � � � � � � � � 15 RESOLUTION N0. 1975 A RESOLUTION DIRECTING THE SALE AND PURCHRSE OF TEMPORARY IMPRQVEr��NT 60NDS IN ACCOkDANCE WITH LRWS OF 1957, CHAPTFR 385 8E IT RESOLVED Qy the City Council of the City of Fridley, Anoka County, Minnesota, as �ollows: THAT WNEREAS It has h�retofore been determined by this Council to issue temporary improvement bonds in order to provide the necessary funds for the construction and paymert of expenses relative to the following improvement projecis to-vrit: Street Improvement Projects ST. 1975-1 , ST. 1975-2 and ST. 1975-3 ._��____� as p�r plans and snecifications anproved by the City Council: and WHEREAS It has be�n determined that there is at the present time an amount in excess of $1,220,000,0� in i;he following fund, to-wit: Investi�ent Fund .__ ___,. __�...__ whi ch sum wi 11 not be requi red for other pur�aoses pri or to March ���.1.�_Z$__._�_ IT IS TNER��ORE D�t;et�ni n�d to ae i n ihe i nteresi: of the Ci ty of Fri dl ey that tt�e sum of $1 ,220,QOQ.00 0-` the InvF=strnerg�_Fu��d_--- ._.____.�_____.___.__— ^ __ (3� IrdVESTED Hs a��thor � xec by 1 aw and i n accorclance �he ��eaai r�� i t i s nereby detFrmi ne� to purchase the sum of $1?220,u���.00 T__`_ of tl�e a�=or��nentioned S�treet I��r�vcr��nt Pro�ects ST._1975-1g ST. 1975-2 ar�d_S1._1975-3 _ �.__^_�____ under_ cia�e or__S_ e�?_ternher 15�1975__.-----_._�_• �issued U(�ON Thei r• i ni ti al i ssuwnce i n acco� da.nce u,1i th t�� p►�ov� s i ons of P1i rnesota Statutes , Se�. 429.091, 471.�:;'j and 475.665 out of �'unds of �he In��°siment._Fu��cl�__�____.__---- and or; bel��al�f of said fun�+ at par and accrued intet�e�t as ofi ti�� dafie of d�l�iv�ry of said bonds and c�npletion of such sale; it be�ng fur�her deter�7�ined t� l�e rea��r�able and advantageeus to _the Investment Fund to invest in sdid temporary improvement bonds and to be reasor�able and advantageous to the City to sell said temporary improvement bonds to the Investn���t Fund . __ __�_ _____.__. _------ _.�.r_ _._.___�---__._��_ -- - -- - _ __._... .�___.____�._�-_.._._._:.. in accordance with provisians of this resclu�ion. l5 A SEC. 1. The City Manager and Treasurer are hereby authorized and directed to take any and ali steps necessary �o effect the provisions of the aforegoing resolutions and to make such transfer af funds as may be necessary f rom time to t�me tu give ef�ect to the provisions hereof. PASSED AND ADOPTED BY TNE CITY CQUNCII. OF 7HE CITY OF FRIDLEY THIS DRY , A7TEST ; MAYOR � CTiY f�9%t�i�GCR _ ------ �� GLE (��: � °__ 1 � � � � � � � � � � RESOLUTION N0. - 7975 RESOLUTION CQNFIRMING ASSESSMENT FOR Tf-fE TRERT�EN7 AND REMOVAL OF TREES �E IT RESOLVED by the City Cauncil of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the naturaTist heretofore se1ec�ed by this Caunc�fl far such purpose, calcualted tP« proper arnounts to be specially assessed for the � � 7RERTMENT AND REM4VA� 0� TREES in said Ci�y agai►zsi every assessabl� lot, piece, or.parcel of land in accordance wi th thE provi si ons o� E awy and P��s pr°�pa��ed ar�d f� 1 ed wi ti� �;he City Clerl: tabulated s�at�menis in dupi�cate shaaring the pr�oper description of each and every 1ot, pieces or parcel o� iand to be speciully assessed and th� amoun� calc�la��d against thE same. 2. PJotice ha� b�eri duly publ �i shed as req�� red t�y 1 av� tha� thi s Caunci� svoui d meet ir� reg�alar sess�7on a� tf�is time� and piaGC} t� pass on t:he propcsed assesstr��nt. 3. Sai d pr�o�ose� assessinent k�as at al 1 tim�� s7 nce 1�;s �Fi 1 i ng l�eer� open �c� i nspecti ar� a.nd ca��y� t�g by al � persons i nt�rest�:�, and ar� opportuni ty has � been gi uen �to al l irGerestec€ pet~sons f:o �re��r�i: �hei r object.-i ons, ii` any, ta sucl� propased ass�ssrr��n�, ar� to a��` �i:er� �I��r�afy and nv objections ha��e �e�� fi?ed: except 4. The an��un� s�a�c��"i�ci �n �h� {�tRc��o�eea a�sessm�;�L �.re rhar�r,ed and altered as fo1 i otiti�s : � � 5. Thi s Cat�nci � f7 n�s ���a � each o� �;h� 1 o-Ls ,�i er.es, car �;arce? s �f 1 an�� enuna-- � eratccf -i n s� � c� pror�ased �sse�szr�crB�. ��s al �;�t�E=�� ��r�� mcdi fi �� was and i s sp�c�ally ts�;n�� �i �er.� t�y iY�� , � � � � TR��TM�i'��1� �a�� REi�Oti�,� ��' �TF2����:5 in the amo�mt ir� sa�d pro�cred ��ssessmenf; as a?iered and modifi4d by the corrPcti ��e ra�l �( i i� tfie �rt�our� t set oppos� �� ':(�e aescri pti on cf each su::l� loty piece, or parcel pf land, anci �hat sa�ic�? amount so set out is hereby levi�d against eacf� of the r°espec�ive lots, pi�c��, ar parcels of land therein described, 6. Such {�ro�?osed assessn��er�f. as alte;�����, �r�odifi��cf, and corrected �s affirmed, adoptec� and confir�red, and tf�e s�a���s fzxe� a��ca E�amed in said proposed assess- ment as ��.terect, modi f�ed, and corrpcteci, wi th the c}�a�rges and al �erat;ions herein above madc�, ar� ��ffirmed, ado,���d �rcl con�firrned as tt�e proper special. assessments for each of said iots, pieces, or �arce�s of 7and respec�ively. !I ' . 16 16 A Page 2--RESOLUTION N0. - 1975 7. Said assessment so affirmed, adopted, and 4anfirm�d, shall be certified to by the Ci�y C7erk and filed in his affice and shall thereupan be and can� stitute the speciai assessment for the TREATMENT AND R�MQURL OF TREES 8. The amounts assesszd against each Iot, pi�c�, or parcel o� land shall bear interest �rom the date hereto until the sam� have been p<<id at the rate of seven and one-half (72) per cent per annumm 9. Such assessmen� shaZl be payable in five (5) annual:installments pay�b�e on the lst day of Jan�ary in each year, beginiiing in the year ]976 and con� t�nuing until all of said installmcnts shali r�ave been paid, each instal1rient to be ca]lected ti�ith taxes collectible duri«a s3i� year by 'the Couni,y Audi�tor� 1 Q. The Ci ty C e erh i s hereby di �^ected to mak� up �nd f� 1 e i r� th�� oi=f i ce� of the County Auditor of Anoka County a cert7fiied st.atemcn� of the amr�unt of all such unpaid assessments and the amoun� which �iil be due thereon an i�he lst day o� January in each year. �The motion for �he adoptian of the i'oregoinq reso�ution was duly seconded by Councilman , and upan a�ot� beir�g taken, tr�e follawing voted i n�favor ttiereof e and the fo�la�r�ng uo��d against �he same: PASSEd Af�D RDOC�TE�D BY TNE ��TY COi!��C1L OEa `fi�E CI�i��' Gf' iRIDLEY `Cf-?IS 0,4Y 0r , i975� A7TES�T: MI�YOR - !�!� ��tiLil���i J p f�LL-: �- CIiY CLE}iK - P�iar���n C. Brunsell � 1 � LJ � ' � � l._ J , � � � � r , � � � � COMSTOCK � DA.�IS, ENC. 1446 COUIV7Y �20AD "J" MIPIfVEAPOl..18, MthlNESOTA 5b432 TEL.: 784•9348 CONSt�LT�I�C ��1C;f�4�ERS September 9, 1975 City of Fridley 6431 University Avenue, N.E. Minneapolis, Minnesota 55432. Attention: Mr. Tom Colbert Reference: Sanitary Sewer Improvement No. 113 Dear Tom, ' !' , �� �`..� : �� � Enclosed herewzth i� Change Order No» 1 for the abave reference project, which has been exeeuted by the insgector and the contractor, and is waiting action by the City Council. Enclosed herewith is Estimate No. 7, the final estimate, for the contractor. This estima.te assumes favorable action on Change Orcier No. l, and said cost is included. A recap of the cost is as follows: The Original Contract Amount $19�7,671.15 Adjusted Contract After Change Or.der No. 1 $201,288.50 Final Contract Yrice $190,294.%0 IL- can be see?x f�-om the above final esti�mate and �aoxk accompli_shed under the Cl�ange Order, the final px�ire is iess t1�axY ttie original L�id pri.ce. [ti'e are also euclosing herewith Estimate Na. 3, the final estimate, for Car.tstock & Uavis, Inc..for pZannin�. For purposes of determ?.ning tlie cosi te be z�seci for asscssnent praceedings, the following should be usede Contractor's Cosc Prela.r.�iT�arS* Er..gin.eer.-in.g Basic Engi��-e�ring I'ee Resident �upexvision, �n�pecti.on And Staking Out of the Worl:. Tota1 $19�,294.70 $ 3,25Q.OQ $ 4,488.22 S g,zo�.00 CES�.� $212,232.92 We caou]_d lilce to have yoi� praees� the Change Order No. l, Final I:sti_mate of the contrac�.��r, and our final estin:ate at the next City Council meeting. chou:ld you or Mr. Sobiech or other city officials have any auesti.on� on Lhe above please contact the writer. FvC�j7111�7 �11CZS . cc: File ��7413 Very truly yoursa� ' �� � � i'j % �`�i� J, BY..._.��-�'' ''_�_�.�� � E.V. Comstock, P.E. 17 � � �.. ..�.; C O M S T C� C K� D A'� I S,! P� �C . ' 1448 COUNTY FtOAD "J" i MINN�AP4LIS, MINNESOTA 53433 i � �.•:- . "'�; TEL.: T84.9346 CC��;S�LTp�DG E�f��fi�3���5 , CNANGE ORDEV2 N0. 1 P�tOJECT: Sanitary Seater Tmpravement No. 713 I Central Avenue Keiief Sewer Fri dl ey, Mi nneso-�a COPJTRACTOR: Peter Lametti Construction Company � 615 Drake Street 5t. Paul, Mit�nesota 55102 � � � � � r � � � � � , , 17A ea DATE: August 21, 1975 DESCRIPI"IO�t: 1� �'urnish the necessa.ry labor�, e�uipment and materials to repair the ex�sting utili.ties as found to be required to makP � wor�:able system in connection with the new utllities constructed und�r th:s contract. 2) Dele�te prime coat far the s�re�t repair on Na�kman Av�nue. ORIGINAL CO�TR�',GT Pr'',ICE: In accor,dance with uni:� pri.ces, estimated total $�97,671:15 AI��ITIOI�S `f0 CQNT��?CT: I te�n � � Labor Equipment Mu�erial Tc�tal Ac�di �ti or�s to Cc�n �rati� DEJGCTI0IS F'r��� COtiTC;A,CT: I te�n Prime Caat 7ota1 D�:dt�c�i on� From Ccntract iC�i'AL C�Ir�NCkE C� �i?F? Pd�. 1 (��C`a} REUISE� COTlTf;AG�" PRIu� APP�OVED: � COMST�CK &„ ;�,r;!v IS, TNC. ,� ��%'�j -t.-.�,�� ,- '� Y--- -------- �. . �Oii�S�OC��, P.�. �dt����` "�` ,. -- - ACCEP7EG: TH� CITY U� FRIDl.CY, h1INN�SOTA �Jilliam J. Nee, h��yor Qate : _ —`__ $ 2,121.70 � 740.OU $ 835.65 $. 3,b97.35 $ 8�.OQ � sa. co $ 3,611.3� $201 ,?_88. E�Q A�CEP'f�;D: �'�TER L��1ET'I'T CONS1"RUCi'SQN CO��(PANY �/�"�� �'���� � � �'`--- Unr�ald Page, Vice PresidEnt Date_ ���,�'v�;�--� ilasim�u�es �� , � y anager ��:e �`�`_` �..� , � � � � � 1 � � , � r ' � � � � ' � ' Ordinance No. RN ORDINANCE ADOPTING THC BUDG�T FOR THE FISCAL YEAR 1976 TNE CITY COUNCIL OF TNE CITY OF FRIDLEY HEREBY ORDAINS: � SECTTON 1: That the annual budget o� i:he City of Fridley for the fiscal year beginning January i, 1976 which h�s been submitted by th� C�ty Tlanager and modified and approved by the Ciiy Councii is hereby adopted; the total of the said budget and the ma,jor divisians thereof being as follows: ESTIMATE OF REVENUE General Property Tax Licenses Contractors Business Other Permits Grants and Aids� Charges for Services Fi nes and Forf'ei tures Interest Earnings Rent Other Misc. Reve�ue Insurance Rei�nd (Fire and Policc) Transfers S�d� �Od�lil� Stat� l�id Fund Sut~pi«s Revenue ShGring Furid Liquor Fuy�d General Fund Surpl«s TOTAL : GEPe}��E:RI_ FUND Sta�e Ai d F�€n�.is Tax�s Taxes TOTAL Ql'�iCR FU,�DS TOT/�L t�L.L FU�aDS GENEP,AL FUND $1,734,566 7,239 53,612 7,219 �U 70U,759 57,878 �55,000 57 , �3�+ 6 ,_�; 50 19 �,; Ci3 55,6�J 28,OQ0 �� 3°,OJu 229,0�3 ` C):J y V�� �9%?,73J �c r �� �}!_c�^)�Ji� APPROPP.IATIONS General Government Legislative $ 102,841 City Management �73,97� Finance (E�ec�tions, Account- ing, Assessor) 212,314 Civic Center $9,859 Pubi i c Safet.y Poiice 885,664 Fire 233,405 Civil Defense i9,359 C�c�� En�Forcement (i ncl udes Healtl� Insp�ction) 168,167 Publ i c I�Jorl<s ^ Eng � nee,�i nq �nd Publ i c. Works �9a�in�tzr;ance G9,5_� f�E'Cr�d�lOf'1 [Vaiural �� st 56,�+06 Parks & Rccrcation � 5�2,4G; � Reser��� OT�I�F f��i`v[��: STl`�TE �1?: D � ?�P� � $ 23i ,�>?�+ S�ta�:e /�zd Car�struc�tion CIVIC Ci�TE(� B+�f`d�) ��U(�1lJ �3 E� ,1��> ��___-- D��� k� �� S f� �� :� i ce 75,�Q0 3,285,318 $ 237 ,32� 36 , 750 C�PIT�;�. PRU��EC�T Fii{�� �45,6�4� CJa�i.�;a� Ir���ro��en�ent R�volving�� 45,664 $ 313,138 ��--s��= $3,599,Q5G � 313,73$ —�� �= $3,599,056 ORDINANCE N0. SECTION 2: l� a (Continued) That the City Manager be directed ta cause the appropriate accounting entries to be made in the books of �he Ci�y. PASSED AND ADOPTED BY THE CITY COUNCIL QF THE CITY OF FRIDLEY THIS DAY OF , 1975 h1AY0R - WILLIAM J. NEE ATTEST : CITY CLERK - ��TAR1�'IN C. B�U(��S��L�T -T— Pubiic Hearing: Fi rs t Readi ny : Seco�iU Readi n� : Publ i sh � � 1 r � RESOLUTION N0. 1975 A RESOLUTION DETERMIN?NG TNE NECESSI7Y OF AND PROVIDING FOR A TAX LEVY IN EXCESS OF NORMAL CITY CHART�ER 7AX LIMITS BE IT RESOLVED, By the Council of the City af Fridley as f�l.lows: SECTION 1: That the Council of the City of Fridley her �City Manager a proposed budget of the Cii:y of Fr�idley fo propos�d budge�t w��en exa�nined evidenced the necessity of in excess af the Ciiy Chart�r limits and, accord�ingly, t �the 4th day of l�ugust , 1�'75, a resol uti cn decl ar�i ng the additianal tax levy and s�ecifying the purpose f��r which l�vy is required. �� ' � � etofore received from the r the year 1976 Urhi ch an additional tax levy here v�as then adopted on necessity for an such additiona7 tax FURTI;L`R, The Co�nci1 proceeded to hald publi� hearings pursuant to three (3) ���eeks published naiice in th� official ne��spaper of the City. That such publ �i c ��eari ng �-,as hel d on thc 15th day o i SQptember, 1975 and al l persons i nter- ested thereir� i'rcre af%orded ar� opportunity to be heard and make ob�ections, if any there be, ta the buuget as tl�en pr•or3osed. Tha�; aftPr such hearing and aft�r full d�iscussion of the cantents o-F the budge�t and a�7 objActians thereto the Ccunci 1 further proceeded to c�rrect and a�z�enc� t.he bud�et i n such way as �vas deen?ed necessa.ry b,y the Counc�i�{ i,o be in the best in�erests af �he City; and after such correctioi�s at�� amet�c{men�s the Council did pa�s ana adop�t by Ordinance an f i rs � readi ��y on t{�e 22n� of Sept�mber, 1°75 a budgCt �for �he Ci ty cf Fridley far �the op�rztion of� its bu�iness durinq the year i975 a copy of which b�dget is attaciied hereto Cnr referEnce purpcses a� EXi-iI6Ii' "l�". � SECTIOPi ?_: F�ar���er, E��nn �he exarnina�.i�n of such budge�t originally proncsed, cc�i�, ect.e�, and ur,�en��d �f�� a�r�;��cc� �y t��� G� �ty af Fri d�! ey cn thE 2Znd ofi September, 197�, i t reasonably appear�s , a�d the G�unci ? do��s not �'i nd that the tax �l e����y� nece,sar�y to prcvi�� n��ni�s i�:�i^ ti�e o�era�t�or� o�` t�e busirzess of th� City of r Fridley dut�ing �;h� y�ar i�7� ur�der sa7c# budgei:, i; a:�r�i wi�ll b�, t��h�n comi?u�ed in accot�c� nce v�i tf� 1 a�°��, i n cxc�ss o�' the narn��3.i C� ty Chart�r ��mi t of ten (10) mi 11 s or� each dollar ofi the us�esse� valua�ic�n of th� prcf��Y't,� -ti1 �:he C� ��r, but tha�, � n�v�r�hei ess ,��: � s reason�{!.�� � and to �i�e best i nt�r�st oT �h� Ci t� i n crder to � prc7v7cie fofrt �ne p�op�r o;��r�tian of i:h� b�siness ar�� f��r��tinr�s of f�he City during the ye� o-� 19iG, -�o exceeci suc4r nar�ma� C�f.y Chari;er �i;�x �ievy lirnit, and to � levy taxes ih�rcc�fi so,.�f7�€c�ie;��t t;o pr��.°�ide the r,�cri�i�s n`cessary �o the operation af the �usiness of �ci� CiLy 7n �?c:corGance w;tf� said budc�et. LJ � ' i 1 ��CTICfd �; That �o pro�� �:�� �?�oney i ri accordanc:c ����i �;h th� ne�ds arzd �urpas�s of �th;7 bu��yet of ii�� City fur the year �f 1976, ta,xes sl�all be levied in accordance wi th 1 aw suf'i'i c � c�nt t:o pravi d� inoni es pi~��vi �ed for any purpos� he�°ei �� sh«1 � be a��propriated to ar,� us�d f'oz° any ot.l�er ��urpase, excep� as migi�t otherw�se be au�tk�ori ��d k�y 1 av�, e�i tl�etry u:idar i:he general 1 ava of the State of h�i nnesota or the City Chartef� oF }�ridley. 13 B 18 C �1 � . �1 RESOLUTION N0. 1975 (Continued) � 1 769 965 For the General Fund $ $> > -- — � $ Far Contribu��on �:o Public Employees Retirement Fund � $ ----- For Fi remen's Rel i ef � $ --�-- For Palice Fund � � $ 37,500 For Debt Service Fund - Civic Center � Bonds � $ 46,596 Capital Tmprovemen� Fund ' ____— � � $ $1,$54,061 _ � � � 4 �� PASSED AND ADOPTED BY THE CITY COUNLIL OF TNE CITY OF FRIDLEY THiS j i � --- _ _ _ -- _ __ ._ � DAY OF 1975. ' • � MA YO C� � vd I L l_ I l� i'�! J o fv �F �. � � � CITY CLE(�K - n�ARVT�'� C.�$R�1�!SLLL� � ' ' � ' � . _ _ ____ _ . � i■ IST OF LICENSES TO BE APPROVED 6Y THE CITY COUtJCIL AT THE t�EETIfvG OF SEPTEMQER 22, 1975 ' YPE OF LICEPJSE BY ARBAGE PICKUP �an's Disposal Dar�iel Johnson 309-202nd Ave. N.W. Cedar, ' VENDING MACHINE Barry Elo��er Servomatian Corp. �9 N.E. 77th 41ay �IGARETTE �arry �lower 9 N.E. 77th Way Servomat�on Corp. � AUCTiC`NEER �ranl: 1'eno t�.�. Auc�:i;;r�s I7 Long Lake F?�. L�c M. htua�ll �I7I�dERn;Vi f=0(�[? EST�;E;LIS�i��,�iiT �ol iy tiel cl�ai7 �.s 6i � L��unF� 'OctoG�r�f�s u" , ' ' ' ' I ' 0 APPROVED QY Heal�th Inspector Health Ir�spector Public Safety Direc�or Pub1 � c S� � uty Di rectc�t° He�� �#� Ins�;�cta�� Puk�1 ic S���ty Di r��cf:�;r FEE 30.00 165.00 12.00 12Q.00 No Fee 2� �I(JLTIPL� DWELLING LICENSES TO BE APPROVEB: 20 A . Period September 1, 1975 to September 1, I976 I�WNER ADDR�SS UNITS FEE APPROVED BY: �romadl�o/Ulrick Investors 5846 - 22 St. N.E. 6 $15.00 R. D. Aldrich, 540 Quebec Ave. No. Fire Prev. Golden Valley, Mn. 55427 _ �ent E. Welter 5370 5th St: N.E. 3 15.00 R. D. Aldrich, 5704 - 56th Ave. No. Fire Prev. �p�s, Mn. 55429 James S. Burman 5378--5384 - 5th St. N.E. 4 15.00 R. D. Aldrich, 5378 - Sth St. N.E. Fire Prev. �'ridleq, Mn. 55421 John M. Hanson 150 - 5912 4�Tay N.E. 12 17.00 R. D. Aldrich, �51.Fi Stinson Blvd. Fire Pre� . rzdle}r, Mn. 55432 tto G. [�?ester.field 1 R_�cr Creek 6day ridley, Mn. 55432 tustic Oalcs Cor;�. 200 - 72nd l�ve. N.T� rridl.ey, Mri. 554�2 �)enni�> Fi, tiager:, & Gl..en.n A� Meyer_ 401 i�st EtiVer ]�;d. �r:idl�Sly Mz�. 5542I. pennis Ii. Mag�rs & �Ien:� A. Meyer 'ee abov� address tan7_ey J. Kania '30 �=±-ontori St. N.E. Fridley, P�1n. 554;2 ' ' I ' � ' 110 - 61st Ave. N.E. 1200 - 72nd Ave. N.E. 57Q? Centra.l. Ave. I1.E. 9�5 Lynde Dr. N.E. 430 Iron.tc�n Si_. N.�. f3 15 . 00 42 47.00 32 37.00 3?_ 37.OQ 3 15.00 R. D. Aldrich, Fire Prev. R. D. Aldrich, Fire Prev. R. A. Aldz'ir'l�� Fire Prev. R. D. Aldrich, Fire Prev.. R. D. Aldr_ich, �'ire Prev o � � i CONTRACTOR'S LIC�NSES TO BE IIPPROVED BY THE CITY COUidCIL AT THEIR REGULAR . MEE'rING OF S�PTI:MBER 22, I975 . GENFRAL COAITRACTOk2 APPROV�D BY Budget Builders, 1'nc. 6821 Oakland Avenue Darrel Clark Richfield, Mn. 55423 By: Art P�icDonald Com. llev. Adm. Felson Construction Co. 7200 Camden Avenue Nort11 Darrel Clark Brooklyn Center, Mn. 55430 By: Carl K. Johnson Com. Dev. Adm C. H. Roofing 181?_5 County Road 24 Dar.rel Clark Wayzata, N`,n. 55391 By: Com. Dev. Adm. McCall Company 5435 Lyndale Avenue South Darrel Clar}: Minneapolis, Mn. 55419 Bye Dave NlcCall Com. Dev. Adm. Ninnesota Package Prcducts � 6922 - 55th Avenue Darrel Clark N. St. Paul, hu1. 55109 ���� Roger C. Tlarsan Com. De*a. Adm. Thury & Sons Gen. Contractors 443 West. Wentworth Aver�ue ° Darrel Clark ��7°st St. Paul, Mn. �511�3 By: John Tiiury Sr. Com. Dev. Adm. 0 ' � �_��.. I � � ' No. 234�/y�--$tats �'oep� 189. z�o \tillerDavis Co., \Iinnea�lia, )finn. V STATE OlF MINNESOTA '` ��'���D ` Combiiiation Application for Retailer'�On-sale (Off-s�Ie) Non-Into�icating Malt Liquor License ��,,���� : ----, City of Fridley Name of lIcenaing avthority (coun*.y) (citp) (village) CountJ of �noka I American Bazaar & P�Iark .t,_,_In� _ , of tl� ciLy, viltage, or , town of Fridley , count� of �oka , State of 111innesota, yLereby rrLake application for a Retai.ler's (On-sale) (Off-sc�le) Non-intoxicccting JI-falE Liquor License to selt suah ✓Ylalt liquor undsr and pursuant, to an ordinctnce �Xs��r�t�) passed by city, �7� CO2G72(JLL� ��1 '��Of � � � c�nd Chapter 3�i0, JVlinnesota Sta.tutea 19.�5, cLS c�men ed, providin� for licensing and regulating the �ale of non-intoxicating malt liquor. During the past �'ive year•s, my residence hus been as foblows: �eriCan Bazaar' & Market August l, 1975 at 7900 Ma'n Street Northeast, City of Frid1� . �i- - � � c h a� d � �� v�� I was born � /� [� 3�n.t J�l.S ['1 eY -__ i4�_L.e � n��� Q�q Month Day Year Ci[ Vi11aSe J ac.s n�r- , �� f�eS To t..t P��-��_ Borough Tow� State or Connty � I am a(native) (naturalixed) c�tizen of the U�bited Sicctes. I am ,S.�s'? +�� ma�ried. ✓Yly (wife's) (husband's) nam,e and �, ls� 1�7c� I am proprietor. is � PAN c'�L ; t e,- �T 'U Firm was incorporated Auctu5t 1, 1975 in ihe st,ate of 1`qinnesota Corporution is authorized to do hzr.siness in Jbfinnesota. LicBnse is or 7 9 0 0 P�a in 5 t N E (street) (hi�hway) located a,s followa: �ity of Fridley Tfie ticense u�itL be in connection with �et�,7 � Outlet ro Druc Slore, Cafe, Reetauraat, Hotel, Club . which hccs beerc in operation S e,� t 3 0.19 7 5 Montha Yeare The establishment is located on the �Tround ��.,' The bzosi�aess premises a.re owned b� Royal Development Corporation The taxes or� the property arP not delinyuent. I am�j' on�a�ed in the retcciZ sale of: i».t,n_r.io.���� -� �' - I have n o t y,,� I have never been aonr"' pTC�inance relatin�S to the � intoxicatin� liquor. ' C�ambling or �Sv I am the ow- license i�s cLppl;� � N � p J �a a � p T �;� rl � U m � �,�„ Y - � a1 •o x � - � � � � � 9/22/75 Steve Olso��, Environmental Officer, recommends the licenses be approved with two contingencies: 1. Upon issuance of certificate of final occupancy at 7900 Main Street N. E. 2. Approval by Anoka County Health Department to issue the license. _ : _ _ _ . � -� ) NEW: MULTIPLE LICENSE APPLICATION DATE: �`d" � � RENEWAL: —' . City of Fridley : 6431 University Avenue N.E. 55432 � Name of Applicant:J r���. �.vQ�r:� �--i�me of Business: �� ��L•� �S�z,jc.��-�/iZ���'��` � __�`. , /?2 Home Address:��"� S'�d� t�c�,�o„�� � Business Address: 7y'D b�'YUk-� � S`r ,,Vn�-1� �7" ' '���� �-��! Phone Number:_ �Z j�'1 ( l�, Z Business Phone: 7� 6 -�-1t l I Birih Date: � � 4�� �� ' � � . SCHEDULE OF FEES: 0o Establishment------$25.Q0 � Ice Machine------------- Cigarette---------------$12.�0-retail or per machine Vending Machine-�--------$ 5.00-10�y i�em sea7ed ' $10.00-10� item not sealed $15.00-more than 10¢ item CHECK EACH OF THE FOLL4WING WNICH ARE LQCATED OPJ YOUR PREMISES: ' LICENSE # TOTAL FEES: �— FOOd ESTABLISHMEIVT: Restaurant �`^- '� ' Grocery $ Bakery $ : Meat $ � Retai7 Candy Outlet � � Manufacturing Of Ice� $ ; � OTHER: Ice Ntachine $ , � CIGARETl'E: Retail $ Machine #' $ , � VENDING MACHINE: Pop # $� Candy # $ � Co�d Drink # � $ Hot Drink # $ Sandwiches # $� , ' Soups # $ Pastries # $ Other• # $ : Other: # $ � ' # �,`r% ECEIPT TOTAL AMQtlNT EPaCLQSED � �� i ' .� : Suppliers of articles sold in vending machine (s): � . _..--.. APPROVED BY: � Public Safety Director I, , COMt�IENTS: � �T'^ 7�/ � ' /��r Z j� o-.,. �i � o'�C'.t..- � f5ignature of App` i an�C .� ALL LICE�dSES EXPIR :April 30, 19� 7 �...-,�` ���-«-�"''-r.�t � ���'. . � ESTIMATES FOR C�TY COUNCIL �ONSIDERA7ION - SEPTEMBER 22, 1975 Comstock & Davis, inc. 1446 Gounty Road "J" Minneapolis, Minne;ota 55432 FINAL ESTI��IATE N0. 3 for furnishing of Professional Engineering Services for planning Sanitary Sewer Improvement Project #113 Petet° Lamett�i Construciion �14 Qrake S�reet St. Paul, Minn. 55102 FINAL ESTIP<,�TE NU. 7 for Sanitary Sewer Im�rovement #113 (Central Avenue Relief Sewer) Gankley Sur�facing Gompany 3737 kast River Road Fridley, Mn. 55421 •PARTIRL CSi'I�1ATE ��0. 4 for Street Improvement Project ST. 1975-i PARTIAL ESTIMATE N0. 4 for S�r�et Improver��ent Project ST. 1975--2 , Bianconi C�nstruct;c�� �or��pan�� 936 B�yard Avenu� St. Pau�l , Min��esota 551Q2 ; , , , � ' PAR�i�II-IL ESTT�3�TF NQ. 1 for l�atcr, �a��ai ����t��• ��������•y Star°rr �eu�er & Street Gradiny �i��. 117 for �a��:�ric�ci er�c�i:��c� �/�z:fl5 Comstc�ck & Da��is, Inc. 1446 Caunty Road "J': Minnea.��clis, �9ir�nes�i.« �}�32 Far the furnishir�� o� r+�s?t�c�rat .z��s{�ecti�ri a!�d resider��t s�p�r- vi si on fot^ -�he s-tak� rt� �ui of �h� cons�rr�uc �i on ���rk for t�e foilo4-ring: Partial Estimat� #10, Sa�ri:a��;y Sew�r Improvemen� Praject #113 Partial Fsiimate #21 , Saf�i � urJ S���er, ��la�er ana Storm 5ewer Improvement P��aject #114 -`rror�� �/�/75 thro���rn �%3Q/7� Partia1 Estin;at� #9, ��Jater, Sart�tary Se��4'er & Storm Sev,er Improvernent Pr�ojet;t #11G frorn �z/16 i;hraugh 8/30/7� �' Partial Estima�e #2, t�'ater, Sa.ni±ary Sewe�, S�orm Sewet�� & Stre��t Gradinc7 Improvem�ni� Project No. 117 from 8/18j75 through 8/30/75 ' . ' 21 $ 2,372.05 $37,056.50 � q /, �?-�,.�� � $66,863.13 $23,9aII.13 $ 283.1� $ 31.93 $ 61.78 $ 1,100.05 . 1 21 A I' ESTIP�IATES FOR CITY COUNCIL CQNSIDERTATION, SEPTEMQER 22, 1975 CONTTNUED PAGE 2 � � � , � ' Weaver, Talle & Herrick 316 Main �t. E. ' Anoka, �9innesata 55303 '' Services rendered as City Attorney for n�onth of August, 1975 $1,425.00 �I , ' ' � � , � ' � ' , � , � , ' � ' I ' � � . ; ' � � COA�ISTOCK�& D�,1PBS, tNC. 1446 COUNTY ROAD "J" MINPlEAPOLIS, f�flhlIVESOT/� 6b432 TEL.: �84-9348 4�tl��6J���!'tlG �A'��t1����5 September 9, 1975 Citq Manager - City Council City of Fridl.ey cio llick Sobiech, Publ. Wks. Director 6431 University Avenue, N.E. Minneapolis, Minnesota 55432 Ladies and Gentleiziei:: CERTI�ICATE dF THL ENGINE�R WP here.by submi.t Estimate No. 3, the final esLimat.e, for Comstock & Davis, Inc., 1.446 Ccunty Road "J", Minneapolis, Minnesota 55432, for the furnishing of Pro£c�ssional L�ngiiieering Services for pianning 5anitary Se��Ter Improvement Projecr No. 113. Contractor°s Price $197,671.15 Basic Engineering Fee - 6% $1I,860.27 Credit For Prelimi.nary (20% of Basi� F�e), �?,372.�5 Amourit Earnc�d � $ 9,488.22 �revious Pay�nenL _�%17_6.17 L�MUU:�1T NOChI T)LTE . . . . . . . . . . . . . . . . . a . . � • • • • • $ 2 , 372 . 05 Respectfull.y su?�mitt:ed, C�iiS�OCIZ � Dl'��i7IS, IN�;e ��/ � ��-� ,�-,/ �-�. �}';������;, � "� ,m,�,,i� .� E. V. Comstock, P.E. Et'C /ni j g Fi1e ��7413 � 21 B � C.. \_ . 21 C CO:iSTOCIC � D:�VIS, INC. . � C�nsul.ting �ngin��xs . ' , � 1446 County �:oad ,�J'�� . P�finneagol.i.s, riinnesota SS432 . . . . I� , Date Sept. 12, 1975 �� ,TO: Honorable Mayor arid City Counc�.1 . RE: Sanitary Secaer Improvemsnt No. ll3 I, City o� Fridley (Central .f�venur� Relief Sewer) : c%o Nasim Qureshi, City rianan��r Peter Lam�.Gti Canstructions Coutractor b431 University Avenue9 N.E. Es�. 210. � Per. Ending runae�polis, riin,n�sota 55432 ��.na..) ' � _ � . ._ . � . . . ' CQL"!tI'�3,�� ZtE.'il1 . � v�,� �' CP � � . � . IO'� D.�_P. For.Ge Mai.r,� S" '�fachanic.a� Jo; �t D.Z.�.. P � Cree?� Bxid�� Ca°c��s3,ng rii s�.s;�i,ppi �treet Cra���.z�� (Gld) Cen�rG1 �1.vc�. C��s�znu I� D.I.�. 1/4 �exads. I I3.:�.P. 1/8 �3er,ci� IQF` T,,�.e�. �./�.fl B2IICls 1'�� Rel�.e� :�an.�-iol� i, w-o��_` Z�I<�r:hole Staiz�3 .rd Ti�}�ole:s li ?iole �tits��.ti Ue�t�h 5 c.ia1 2fairk�Qle �Ir�. 2 ; �p sciay :Ianhc�.l.� No. EE �:�'_st. ?�f �S rlaniza'.e(C�atr..� E st. i3.H. �-`1. Conn�cG�.a;� r' ce �ia�.0 Pzy��. e xnsu.la�i.c?rz �it. Paz'�c.i.nc; 7,at Rep3.� H :°marzu Atrz�. Stxe:�t. F.r�l. (?_" C�. S A��. Ha..C�} Ha.ti1ce�ann Ave. � St�ecrt it �. (i3" Ci 5 Agg� Sas� i _ B�. I`x:=i_vew<sy Re�rlacerzrc�z�t Ccnc_rete vr.:Lveuay R�pla�e:a A � r��� Ftep:La�F�ns��:�� '' S 3irs�; S c��.r:� �Granuiat �'ipe �ieddin� M�t�. IL�t Statzcan a� spPCi.�ieci Iin Div. Z1L af specifz.ra�i�n II S��h & Loveless IGhange Order No. 1 I �� T,!�L STA.TE:'`3F�'S OF S�!�RK COl'1 J. 1.4�Y_> L •_•• �s �ima�ecZ lini. � � � Qu u�xb�i Pric�. '1'h � 2so $ �5.��/r„�°° z T � 54S $ I3..��,/Lk 3,96(� $ 16aSr�/T_z� . . �►� $ 2 7 . � �/I�' x�.� � ��.acF/�.T 70 � s�.a�a�,�° : , 60 $ 100.(�0/L�' 3 $ ioo.anb��, 4 $ 85�Q�/�'� 6_:, $ 85ea�t��. �� -� I. R $ l, 725. QC� f E� 1 $ 1,810�tl�fEa 2 $ 755.0�3/�>a 8 $ 45�Li�/��' . �tent $ bQf�. Qf� I�en.� $ 7UQ�(�E� ���� � �,�.��.a� Item $ �,05�.t1t� 1,50 $ 9.50,oLI' 925 $ 5.3C?/�Y G 46Ea $ 5. x�%SY.'. 9.�L. $ b..�'t:�/S�" z2� $ s.sc�ls�� ss � �s��op��° � , �sa.c�c�/�� 5,50Q $ i.2Clf S� 1 4 $ �.'.�Jn�i „Ci1���C iao � amaa�c� PROGItF.SS , � o-i?,�.1.�� �llc7.1]�].�y i�011�1� i.s k�s�. � Ta Da�e To Aate i2... �� �27? -. $ 9',��Q>CO . � 58�- � - $ 7,73�3.t�R ii, 3,921 $ 6k,696.5C► � il6 � � �;a���ac� ,� �a $ s,s5a.o�� � 6Q $ . 6,OQC�,Ot� � � 3 . $ .. 30Q.OU 1 .. $ 85.DO I. $ 1, 72.5 . GU . 1 $ 1,81.O.Uii � 3 �. 2 s 26� . OCz 8.32 8.32. $ 374.4Ct 1 $ 6U0. �C) � 1 - $ 7 (�O � C�CI � ;: �,a.���cso Zf?f 1Q0% $ 1., Q`iQ. UC� 102 $ 9E,�3. C�C� c^�5n�� 850.23 � �ySC�f�<l.?. %r.7� .393 L�� s�a ( Ss�,:�oa�ac�/LS + 2�x Ltunp Sum i$ 3, 617 . 35 F lOC1% r<��e l UF •� �357.5 . 1b3�1 I8�1 � . :�, �i54 . 7 . ]�.525 �oo� 10�y � �, %�:�.?. � ���i�o; � - ��� K �l� ' �.. ;5�<C�Ci �� �►, 38� � 6�: - � 2 f�f.c7 �. �C1 : 53, �ao. oc� 3,G7.7:35 z�a..2s�,'..�o� 1 I ' M. S'[ � � RY : • Original Contract ,Amount Contract Additions - Change Order Nos. � I! Cont�act Deductians - Change Order Nos. 1 Revised Contract Amount Value Co�pleted To Dat� (Fina].) Material On Ha,nr� SUB-TQTA.� Amouix� F�tai.r���l (1Q�� Zess F�zoun� Paid Pr��r�.c�u��,�T AMOti�ti'fi DU� THZS ES'1",1�.6SA�F � CEF�I�::�"�.�TE a�' T� CO`?'�:�,a.��C3� I 21 D $ 197,671.is $ 3,697.35 $ 80.00 $� 2oi,zss.5o $ 19�,294.70 $ -0- $ i9o,2s4.�o $ -0- $ 153,238.ZQ $ 37,056.50 'I hex�bj� cer�ify th4:t �t�.� wo�� p��;�c��r��c� ars�� %h� ia�.texi�art� :ug�J.7.::d ta da��. uncle� ter�s a� the coutrac:� fox r��e�;�n�� gxcaj�ct�y and all �luthoriaed chan�es thexeto, have an ac�ua.l. valu@ tu�d�r the co��r.ac� of the �zount t sh�orn or. tk�is esti�ate (and �t�z� fin�?. quax�ti.�i.e� o� th.e fir��_.� es�a.�aa�.e ar� cRrx�e_ct) , ard tI-�ut th�.s est:izna�e is just and cc�Axect c�n.d nc�� p�ri: u£ ci�a "AresQ�b:� Du�: Th�s 1:,timai��:" h� been. recei�red. �/ / � .- / 'ry y. t f� / � By / ' /r '�(. �`� d' �'e /.� f_C_ "i �? .-. �- � ' lJ(� 1,.� �/'/ � � .���_..J•„� ' _.L�.�..��.......�.._..�.'. 'i�. .. . ...,_..-...�.�. , . ...: ,,.„...,.�� � . ConL-ractoxE s Authari.��,�, �;.ep�,��:�u���.;�.�P� (.T.3C f �.} CEk���i� �Cl�.� 0�' 'I"EI':: ���� 1:N1;�Pti , I her�bar cer;�i�� ti��C: � lz�t3� p�rq���:�:�, c�r ax�^w�_x.n,�:� t�hx� r�-;L°�.rna�:� anc� t:��<t , th � con�rac�ar i.s ea�t�.�.i.P.°1 t,c� p��nsx,e��.e. c� ���3� e��;��.�� tu�c��x tit�e car,�;;uci: f:ar re�e.re.rice , pxa�ec�:. C�J�iSTqCK & DAVIS, INC� � . �'G_ , ---1 �-. ._,� . ' �yr I� cc: Pete� Zamettf, Ca�xstruct�.on , � J3 a �: e �i>,>'� ;> ;�s� RasJ�j��:Lft�7 ?,; �ul,nr3.ti �c.=� S CQ14: c.a��'Glvdw L5 J3Q,.Er �u y�.Yv� �r e � ' �A � !��-�"-/ i B rf .�f C ��� �v/`� y k:.�*. c4�3t�c�; p.F. � I' . PaUe 2 of 2 � �:l �. 'CHARLES R. WEAVER HERN�AN l.. TALLE ViRGIL C. HFRRICK ' F:ODERT MUNNS JAMES D. GI[365 WILLIAlv1 Y.. GOODRICH � �HUf✓�AS A. GEUDF � JEFFREY P. HICKFN �C�� 'City o:F Fr.idley � LAW OFFICES � WEAVER, TALLE & HEf�RICI� Sepiember 19, 1975 21 E 316EASTMAIN STREET P.NOI<A, M I N N ESOTA 55303 421 5413 i � ugust I{etainer� ! ~ � $1.,OOG.00 � Co��r,c.a_1 Meetings 12 hours Staf �' Meetings 4 hours '{;onf�rences �•rith Staff 6 hours Meetir�g wi.th Pla�zr�z..�.g C��iur,.. 2 hours Meei_:��zL with C�b1E� T.V. Gorn?n. 2 tzaurs ,Legal Rc�searcli and. N�.mos R hou�°s 35 hours HUUrs i_r. Excess of 3u @$35 0 00 P�r �%c�ur 175.OU tCourt Appearance (r1cC.ay �.Ts> City of Fridley) 150.00 Sec-retarial A.1J_o��;at�r_e 100.00 , TOTAL . . . . . . . . . . . . . . . . .$1,425�00 I �i � ' No. ?34�/a—Sttfts 9'ornn 189. \Iiller-Davis Co., \finnea�wlie, �Iinn. C:J STATE Ok' MIYi�TESOTA '` ��'���D ( Combiriation Application for Retailer' On-saIe (Off-s�Ie) Non-Intoxica�ing Malt Liquor License ����cQ�� �_ �'o tlae City of Fridley Name of licenaing suthority (county) (city) (villape) Count� o f An oka I, American Bazaar & P�Ia.rk�t.,. Tnr. , of theciiy, village, or Eown of Fridley , county of �oka , Siais of ✓llinnesota, faerebr� make application for a Retailer's (On-sale) (Off-sale) Non-intoxicating .nfaZE Li,quor License to selb such .�7alt liquor under ccnd pursuant to an ordinance ���t��i) pussed 8y city, N�� counril, �r�i�� o f ' ' ; and Chapter 3.�0, Jllinnesota Stc�tutes 19.�5, as amen ed, providin�% for licensing and regulccting the �ccle of non-into.xicatin� mcalt liquor. Durin�s the past five years, my residence ha,s been as follows: ��riCan Bazaar & Maz'ket August l, 1975 at 7900 Ma�n Street Northeast, City of Fridley ',l o � �-►.,.o r,1 SJ�i�U� � � - � I tvas born � �� �J 3 g n t J 4S � e r-- i'4� � nl u Q S,�,T�, -- Month Day Year Cit VillaQe ,ici,� �,r-- � 11� � e� re ne5 TocJ P�'= �'-„�Y--- Borovgh Tow State or Connty � I am cc (native) (naturalized) citizen of ihe Uryited States. I am Ns'2�� mar�•ied. J{1y (wife's) (husband'sJ nam-e ccnd ad�lress is ��N F'`ti �1e. �L.� �1 e ro v-.. � w� te� l 7�.-- /D 7.5 % t�.� � a w c� � c� ��.��,x�, .y�i�v.t I am proprieior. �--° S Firm was incorporated Auqust 1, 1975 in the siate of �innesota Corporution is authorized to do bz�.siness in Jlfinnesota. LicBnse is or 7 9 0 0 P�Ia in S t. N. E. (street) (hi�hway} located as followa: �ity of Fridley The license wilL be ir� connection with �etai� O�t1et Y Dru� Store, Cafe, Reetaurant, Hotal, Club . which hcks been in operation S e� t. 3 0, 19 7 5 Montha Yeare The establishment is located on the qround ��.,� The bzcsiness premises a.re ozvned b� Royal Devel.opment CorpOration The taxes o�z the property ccre not delinyuent. I am n�t �nsa�ed in the retaid sccle of intoxicatin� liquor. I have not h.� an applica.iion for license rejected as folZows: - I have never been convieted of a felony nor of violc�ting any National or at.aie Ziquor Law or ZoeaL ordinarcee relating to the mctnufaetz�re, sale or tranaportation, or possession for sale or transportation of intoxicating liquor. (�amblin�s or �'amblirL� devices wi�ll not be permitted on the licensed premises. I am the owner of the leccsehold, furniture, fi,xtures, and equipment in the premises for which t3ca �icense i�s capplied, except no exCet�tions ^ I have no intention or agreement to transfer the license to another person. I submit the following names of persons, including a bank, for reference, �vith whom I have had business relationa as follows: Central Northwestern Bank - Donald Hatlestad I CZO riOt intend to engage in the sale of intoxicating liquor and will have a Federal Occupatianal Tas Receipt in accordance �vith the ordinance governing this license. My Federal Tag Stamp Receipt is No I will comply strietly with the provisiona of the.ordinance relating to the sale of soft drinks for "miaing" purposea and will serve patrons in full view of the public. I agree to waive my Constitutional R.ights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisiona of the ordinance (resotution) providing #or the granting of this license. I herebg solemnly swear that the foregoing statements are true and correct to the best of my knctviedge and thst I a�ee to comply with all the provisions of the ordinance under which this license is granted. 5� •';�;, RUT!-i M. GEP.i�ON Subscr}bed and sworn to befo.re me thia _�_},, _ �'�; ' RAMSEV CQUN7Y � � � day of�Etember ,19 75 .,'�;�: �'"�/ tL�: � �„L���,� MV COMMi991pN EXPIRES �EB, 26; i882 �'�'�_�S�i 1 NOTE: Lioenaee may be lenued only to vereone wbo an clHzens of ths IInited Stetes and who are ot coai moral character and Tepnte, xho La+� �ttaincd tiie a¢e of 21 yeare wnd who ara pmDrietore of the estsbIisLmenb tor which L6e Iicensea arn iesued. I,awe I9io, c. 700. S'C'?"' 2 �'W-�__ — - "'`�- � - r � �-�-z-..� ,�-� � �1 %� t . "" %'�t i*' . �', � t ,� / v' . . , 4 J, / . � .,.__,�:._.._.._ j..._._,.._...,--__..�..__._.._._._.: