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05/12/1975 - 000153029 � �=; THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 12, 1975 The Public Hearing Meet7ng of the Fridley City Council of May 12, 1975 was called to order at 7�33 P.M. by Mayor Nee. PLE�GE OF ALLEGIANCE. Mayor IVee welcomed those present and said the Council invited all to join them in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTA7ION OF AWARD Mayor Nee, Councilwoman Kukowski, Councilman Breider, Councilman 5tarwalt, and Councilman Fitzpatrick None. 6TH ANNl1AL HONOR AWARD FOR ISLAN�S OF PEACE BY YOR NEE: I Mayor iVee called on the President of the Foundation for the Islands of Peace, Mr. Burt Ellis, and also the Founder, Mr. Ed Wilmes to come forward and receive the award. Mayor Nee explained that the award had been rece�ved from the Environmental Monthly Magazine. He read the inscription on the award to those present. Mr. Burt Ellis said he would like Mr. Ed Wilmes to receive the award because he has done so much for this cause. He said without Mr. Wilme' help and the help from the City, and the community, this award would not have been possible. Mr. Ellis said he would appreciate it if the award would be presented to Mr. Wilmes. Mayor Nee said he presented the award on behalf of the City and congratulated Mr. Wilmes on the great job he is doing. Mr. Wilmes asked if he may say a few words. Mr. Wilmes addressed those present and indicated that there were three words that stick in his mind in relation to the current pro,7ect. He sited those words to be "We the People". He said there had been so many involved in the execution of the pro,7ect. He mentioned the City Staff, Council, Mayor Nee, the former members of the Council, Former Mayor Frank G. Liebl, former Councilman Everett Utter, the VFW local and state, American Legion, local and State and their auxi7iaries, and the Fridley Lions Clu6. Mr. Wilmes said he had received letters and congratulatory notes from all over the Country. He mentioned that he had received a message from President Ford. He said he had also received notes from Senator Humphrey, Senator Mondale, Mr. Fren,el and also Mr. Fraser.Mr. Wilmes said he would like to accept the award on behalf of the handicapped, elderly and school children. He said the Islands of Peace allows all of these people to get acqu:�ir"eted with the mighty Mississippi River. Mr. Wilmes said he believed the creation of the Islands of Peace will be an example for future planning for the handi- capped. Ne said he was proud to have takeit part in the Island of Peace and what it stands for and also the concept of it. Mr. Wilmes said he would like to present the award to the President of the Islands of Peace Foundation, Mr. Burt Ellis. Mr. Ellis satd he was very proud of Mr. Wilmes and the City for makinq this all possible. He said he could recall when Mr. Wilmes had come t� the Fridley Lions Club and expressed the desire to purchase the two river lots. Ne said he was sure glad that the Club had gone along with him. He mentioned they had also agreed to work with the Foundation for the purchase of the pontoon boat and dock. Mr. Ell�s said he believed that the award should be displayed in the Fridiey City Hall where it would 6e viewed by many peop7e. � , � Mr. Duane Bennet, member of the Islands of Peace Foundation, addressed the Council and thanked the City staff for submitting the application to the Environmental Monthly Magazine for the Islands of Peace. He said he would like to read a few letters and telegrams that had been received by the Founder, Mr. Wtlmes. Mr. Bennett read telegrams sent by President Gerald Ford, Senator Humphrey, Governor Anderson, Representative Bill Frenzel, Don Fraser and Senator Mondale. � M 1 PUBLIG NEARING MEETING �F MAY 12, 1975 PAGE 2 ,n� Mayor Nee again expressed the Gity's congratulations to the Foundat�on and said he hoped the project would receive the legislative grant being proposed and discussed. PROCLAMATIDN: PROCLAIMING MAY 15 AN� 16 "POPPY DAY": Mayor Nee declared May 15 and May 16, 1975 as "Poppy Days". AQOPTION OF AGENDA: Councilman Fitzpatrick said he would l�ke to add the consideration of setting a publ�c hearing on the matter of the vacation of an alley as item number six. MOTION by Councilman Starwalt to adopt the agenda with the addition of the item mentioned by Councilman Fitzpatrick. 5econded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLTC HEARINGS: r 1:�� �: : MOTION by Councilman Breider to waive the reading of the public hearing notice and opened the public hearing. Seconded by Councilman Starwalt. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7�47 P.M. The City Manager explained that this area had been served by water and sewer in 1968. He mentioned that the improvement had been petitioned for by the developer and there should not be any comments unless the developer was present and wished to comment. He said the improvement does not concern anyone else than the developer. He said this was for service of Burlington Northern Plat and also Rice Creek Estates Addition on Ben�amin. Mr. Ed Dropps, petitioner, said he was present but did not have any correnents concerning the improvement. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously and the Public Hearing closed at 7:49 P,M. PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR STREET IMpROVEMENT PROJECT N0. ST 1975-1, ADDENDUM N0. 1: T���^ Mayor Nee explained this assessment roll within Pro,7ect No. ST. 1975-1, Addendum No. 1 to be in Rice Creek Estates and Rice Creek Estates Second Addition. The City Manager said this was a part of the original approval of the plat and the develaper had petit�oned for the improvement to be done by the City. MOTION by Councilman Starwalt to watve the reading of the public hearing notice and open the public hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Public hearing opened at 7:50 P.M. Mayor Nee asked if there was anyone present to comment on the preliminary assessment roll. Mr. Ed Dropps, petitioner, indicated that he was in favor of the approval of the project and asked what the cost were. The City Manager m dicated that at the present time, the preliminary estimates were avatlable to determine what the project may cost. He asked the Finance Director to present this information to Mr. Ed Dropps. The Finance ��rector poinied out thai the front foot assessment is estimated at $13.92 per foot and the side yard would be estimated at $3.94. He said there would be another hearing once the pro,7ect is completed. He said the costs of the project would be discussed at that time. Mr. Dropps said they definitely wanted the project to be completed. l�� PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 3 The City Attorney sa�d he had checked with the County Assessors office and the plat had not been filed at the present time. He said he thought that it would be alright to hold the hearing on the preliminary assessments and to advise the petitioner that the bid would not be awarded until the plat is filed. He said if the t�me comes for the bid and the plat is not filed, this shoul,d be delayed or postponed. Mr. Dropps explained that the property was going through a torrancing procedure and ' it cannot be cleared up in any other way. He mentioned that they had received a final report from the examiner of titles and now it would only be a matter of clearing the title. He said he thought thai this procedure would be completed within a week or two. The C�ty Attorney said the bid would not be awarded for about six weeks and if the title is not registered by that time, the bid avaard would be delayed. Mayor Nee asked if a notice of hearing had been sent to the Theilmans? The Finance Director explained that everyone that appeared on the list in the public hearin9 book had rec� �ved not�ce. Councilman Starwa]t �ndicated that there had been some problems with thts development, but now everyone seemed satisfied with what is being done. He mentioned that Briardale Road would be cut throu9h to Rice Creek Drive as shown which will allow access to the park. He said Woodside Court would be put through when and if there is development. Ne mentioned the property owner in this area �s aware that he may be paying more for the improvement at that time, but he is satisfied with this arrar�gement. Mr. Charles Rice, 1541 Ferndale, addressed the Council and recalled that the Council had indicated that he would not be assessed for this improvement unless he split his lot. Mayor Nee questioned if this information was correct. Mr. Rice repeated his state- ment and recalled that this had been discussed by the Council at the last meeting that �his matter had been discussed. Mr. Mervin Herrmann, Assessor, said this property was included within those to be assessed' He said the Council could decide either way on this property. The City Manager said there was some undersCanding that he would not use the road at all, He said there should be some corranitment that if the lot is sp17t in the future, that Mr. Rice would be assessed at that time. lie said this is not the normal procedure. Mayor Nee asked if the Council had agreed to this and Mr. Rice sa7d yes. The City Manager said at the time of the final assessment hearing, a document should be presenied stating thai the improvement would not be used unless the properiy is splii. He said if the property is split, the property oa�ner would have to pay the assessments. Councilman Starwalt said there had been much hostile discussion on the improvement of this area and it was not satisfactory with many people. Ne said the praperty owners should work very closely with the C�ty to they have a firm understanding of the proposal. Counctlman Starwalt said there will be a final assessment hearing and at this time, the Council will make a determination on whether or not the assessments would be levied. He said something that wouid be satisfactory with both parties couid be worked out before that time. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously and the Public Hearing closed at S:DD P.M. PUBLIC HEARING ON ESTABLISHING CERTAIN COMMISSIONS WITHIN 7HE CITY OF FRIDLEY. � Mayor Nee br�efly explained the changes proposed by the revamping of the commissions to the increase in emphasis on Human Resources and the Environment and how they constitute questions in the community development. The City Manager said there are two proposals within the Council agenda, the original proposal which had been discussed at the conference meeting of the Council. He said the Council had indicated that the proposal should be reviewed by all of the corronittees and commissions to gain more input. Ne pointed out on page 3-H of the agenda, there is a recommended ordinance in which all of the recommendations of the Planning Commission and other committees had been included. Ne pointed out one modification that had not been included in the proposal is one suggested by the Environmental Quality Commission PUBLIC HEARING MEETING OF P4AY 12, 1975 PAGE 4 that the mernbens of the various committees be appointed accord mg to Wards. He said this had been disucssed and it was thought that this criteria may be somewhat restrictive. He further explained that they had included the language that LJard aopointments 6e encouraged The City Manager also pointed out that the proposal had been submitted to the various civic and service organizations ir, the City and many had not reacted in any way. He mentioned that the proposal had 6een transmitted to the Fridley DFL, GOP, Leag�e of Woman Voters, and Cham6er of Commerce. He said there had also been proposals given to the State, School and County officials without any reaction from them. �The City Manager said the proposal covers two dist�nct areas, one the comprehensive planning and setting of goals for the City and, secondly, the implementation of the plans. He said thiswould enable the comprehensive planning to be prepared and revietici by the staff, the member commtssions, Planning Corrmission, and final1y be considered an� adopted by the City Council. He said after the establishment of the goals, the implementation of the comprehensive plan, each ma�or proposal would be reviewed by the staff, member commissions before the Council will take action on the matter. He said thi �ould add from one to two weeks to any consideration comtng before the Counctl. The City Manager said und2r the current proposal, there is an unlimited number of persons who would be able to serve the member comm�ssions through pro�ect committees and participate. This would place all of the member commissions under the Planning Commission who would review all matters before they come to the City Council. Mayor Nee corrmiented that before, the member commissions had a direct line of communication or access to the City Council. He said there are pros and cons to the proposal. He mentioned that this amount of items may overwhelm the Planning Commission if the items are not processed expediently and qu�ckly. He questioned if thisvould or would not improve the process. The City Manager pointed out that the Planninq Commission would be on the planning s�de of the comprehensive plan. He said the day to day rev�ew should be done by the member commissions. He said the Planning�Commission would only be committed if they wanted to and the Counc�l would only review and approve the requests. The City Manager ,said hopefully, the considerations will be thoroughly discussed before they come to the Council and the time would be reduced by this. He said it would put additional time in the overall process for the applicar�ts, but it may reduce the time for Counc�l consideration. The City Manager expla�ned through the consideration 6y various concerned member commissions, the Planning Commission would be able to send a recommendation to the Council that would incorporate all responses and concerns. The City Manager said the Council will still get the minutes of the member commissions meetings and Planning Commission and the Council would make the final decisions. Mr. Denm s Schneider, 6190 STinson Blvd., addressed the Council and said althought he is the Chairman of the Fridley DFL, he was not speaking for them. He informed the Council that the Fridley DFL had t�k�n the position on the matter to not take a posiYion. ��r Schneider said his personal concern was that there �s no check forthe Plannrng Commiss�on. He explained that the recommendation of the Planning Comm�ssion does carry some weight and he questioned if there was some way that a private cit�zen could express himself to the Council and carry as much weight as the Planning Commission. He said he would ltke to see the establishment of some citizen committee that could report to the Council so there would be some checks and balances. He mentioned �f a private citizen is unl-,appy, he could not carry the weight of the recemmendation ofi the Plam m �g Commission. He said it may be the case that the c�tizen feels uncomfortable �n addressing the Council Mayor Nee said he could not see how this type of aspect could be added to the ordinance Mrs. Helen Treuenfels, 5248 Horizon Drive, asked �f the Coiancil had ever considered having ,ar. om6udsman. She mentioned that some people do not want to mak? presentations to the Council. Mayor N�e asked tf this would be a compensated person. Mrs. Treuenfels said not normally, but he could be. She cnntinued to comment that in this case, the person would work for the City, not the citizens. The City Manager explained that if any member of the member commissions would wish to speak to the Council, he would be able to do so. He also mentioned that if any commission as a whole wanted to visit the Council, this would also be possible. He sa�d the Council would stili make the final dicision. He said this may be adding to the time period hy providing adverse reaction from those individuals requesting action from the Council. He menttoned that the Council would tend to make less mistakes and their autput would be better. Mr. Schneider addressed the Council and asked if the� could be some court of last resort PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 5 if a case is not presented fairly by the Planning Commission which would have more weight than the Plamm �g Commission. He asked if this kind of check and ba7ance could be created by a citizen cor�miittee appointed by the Council. The City Manager said the matter would be reviewed by the Board of Appeals and other corrmisstons. He said after this the matter would come to the Council. He sa�d the Planning Commission would rece�ve the minutes before the Council gets them. He said there would not only be input by one commission, but by more than one. Mr Jerry Boardman, Planning Assistant, said the Plann�ng Commission would review the ' minutes of the member commissions to determine if the recommendationor request is in line with the policy of the C7ty. He said if the member commissTOns are involved in the implementat�on process, they would set the goals and ob�ectives which would be adopted by the city Council. The City Manager said the Planning Commission would not act on all matters, they would �ust review the items for policy. He said there �s a number of checks and b�lances in the process. The City Manager said there would always be room for more. Councilman Starwalt said he felt much the same way. Ne said the check and balances start at the lowest level and work on through the process up to the Council. He said he would not want to re�ect such an idea an an anbudsman, but thought th�s may be thought of about six months down the road. He sa�d tht�may be something that �s needed, but he did not see �t now. He said he was not saying the suggestion is without merit Mr. Schneider sa�d he did not see that this was needed at the present time, but said he was afra�d of what may exist in five years from the present time. Councilman Starwalt said he has noticed that there are many comments from the floor and he felt he hoped there would never be a need for such an ombudsman Councilman Fitzpatrick said most of the �t���s of importance come before the Council from a public hearing. He thought this provision would take care of this concern. He added, this invites the public to be heard on most matters, antl thisis after the Planning Commission has made their recommendations Mr Schneider asked what would happen if there was not a publ�c hearing. Mayor Nee � said this is usually required by law Councilman Fitzpatrick said a citizen may come before the Plam m �g Corrmnssion or Council without a public hearing. The CIty Manager advised the Council that in any ma�or action by the Council such as rezoning, plats, and vacations of property, a public hearing would be required. In cases where there �s nothing ma�or, there would be norequirement for a public hearing. Counc�lman Breider mentioned that with 33,000 people in the City, if the Counctl did something that did not do the people any good, they wouTd be in trouble. He said the Council wanted to get as many people as poss�ble involved to get the cross thinking of the individual items. He said he had talked to people concerning the idea of checks and balances, and they had not come uo w�th anythTng. P1ayor Nee said with the proposai, it had been the hope that various conflicts may be resolved before the matter reaches the Council. He said with the various committees reviewing the matters and receiving the minutes individually, the Counctl will often times receive many sets of recorranendatrons and the Planning Commission could process these conflicting recommendations and send a proposal to the Council. He said he would like everyone to understand the concept. Mayor Nee said he thought this makes sense. Mr. B�11 Scott, 1632 69th Avenue �I. E., sa�d he had looked at the proposal and he thought that this was a step in the r�ght direction. He said it seemed like quite a formal proposal and he would like to see theappointment and selection criteria more formal also. He thought that the selection from the wards chould bemade with each member of the Council� mak�ng one appo�ntment to each subcommittee and hopefully, from this Ward. He thought participation shou�d 6e from the neighborhood level. He mentioned that the City had almost missed the boat in the appo�ntments to the Bi-Centennial Committee. Mr. Scott referred to the section concerning the Planning Commission and said that all recommendations should be made to the City Council through the City P�anager. He said he thought the Plannmg Commission should report directly to the City Coucnil. He also questioned the portion of the section which said the Cha�rman of the Planning Commission could assign work to the secretary of the Subcommittee with the approval of the City Manager. Mayor Nee said the City Manager would be responsible for the budget aspects. He used the example of if the Planning Commtssion would want 1,000 hours of engineering time, this �ould upset the budget. Mayor Nee read th�s section of the proposed ordinance. He i`i, � O J PUBLIC HEARING MEETING OF MAY i2, 1975 mentioned that this portion is currently the same PAGE 6 Mr. Scott questioned if this section could be changed to read, "advisory staff may be assigned 6y the City P9anager under the rzstra7nts of the general budgat". The City Manager said the proposed ordinance reads as the ordinance is at the present time. He said the minutes are prepared and approved by the Planning Cornmission. He �continued to point out that it would be the City P1anager's duty to see that the Planning Commission receives minutes of their meetings and that these minutes are submitted to the Council for approval. He said this is the way the ordinance has been for 12 years and there had 'oeen no problems. Mr. Scott said the ordinance is being presented in quite a formal fashion, and he questloned why this section could not be formalized also. He mentioned that the word "through" in this proposed ordinance makes him think this operation �s run like the military. The City Manager responded that someone would have to be responsible for seeing that the minutes get to the City Council. He said this is the process being iased now. The �ity i+lanager said the current o�dinance is as formal as the one proposed, the formality had not been changed. The City Manager also mentioned that there are many thinqs coming from the Planning Corronission, not ,7ust minutes. The City Manager said there had not been any problems in this system. Mr. derry Boardman, Plamm �g Assistant, referred to page 3-H ef the agenda and said this section was not included within the proposal from the Planning Commission. Mr. 5cott said the proposal looks like the Chairman is not going to assign duties consistant with the corrmiss�on. Mayor Nee said the paid administrative employees are the City Manager's employees. Mr. Scott asked if the Chairman asked the secretary to do somethiny, she should have �to ask the City Mana9er. The Ctty Manager said if the Commission wants the secretary to do research, she cannoY, she is not capable. Mayor Nee said he cannot have anyone at City Hall type a letter from him without going through the City Manager Councilman Starwalt mentioned th'at there would have ta be this inclusi�n so that things do not get out of hand. He also commented that if the Chairnian wouid direct t.he secretartal staff to do work, they may do someth�ng that is not rzght He sa�d that the members of the Council should take tht snto consideratZOn when making appotntments arc+ appoint people who know the ground rules and procedures. Councilman Starwalt said he would encourage the Cour�cil to stick with the proposed vaork�ng unless some problem ar�ses. He also said he would like the apointments to be done according to Wards. Councilman Fitzpatrick said the suggestion within the proposal is to encourage appointments by LJard, but the language is not very strong. Councilman Fitzpatrick said there would be problems in arrangement not only in the Ward aspect, but also the schedule of appointments. Mr. Scott said he would not like the appointments to be haphazard. Mr. Srott said he thought that there is a haphazard method of rotation. He suqgested thatthe five members of the Council appoint one member of the Subcommittee, with the Subcommittee electina their own Chairman. Councilman Fitzpatrick said the appointments are set up to stagqer the terms so that �not more than two expire at one ttme. He questioned how the equal distributton would work under these conditions. Mayor Nee said he likaiLhe idea of th�e Chairman being elected by ±he members of the tnd�vtdual member commissions. He said wi�h this syster�, all the Ceuncil �vould do 7s appointthe members of the subcommittee and they wou7d e'ect thetr a:�m chairmar to represent them on t�he Planning Commission. He sa�d he was rot sure of the details of this concept „ 6ut it appealed to something in him Mrs. Lee Ann Sporre, 301 Ironton St N. E., said under this system 2t would be {�oss�ble to have all the members of one commission living on one street Mayor Nee said the members of the subcommittee would elect thuir most representative member, if they have faith in this person, This member would be totall� respons�ble and accountable to tae mem6er commission. iin\F� _"" 4� PUBLIC HEARING MEETING OF N!AY 12, 1A75 PAGE 7 Councilman Fitzpatrick said he agreed with Mayor Nee. He mentioned that there had been nrrohleins with the Chairman of the Subcommittes not always bein9 representative of the Corrmittee. Councilman Fttzpatrick said he is concerned a6out the geographic distribution on the Planning Commission. Councilman Starwalt mentioned that the Council could a�±�roYe o'r disapprove of the appointment as done by the members of the comnission Ne said through this process, the Councii coul � encourage eu�n distribution. Mr. Scott asked if what was be�ng proposed is thatthe Cha�rman would have to come from one of the Wards. Councilman F�tzpatrick said if the member commissions would e7ect their own chairman, he did not thtnk there could be even geographic distribution. Mr. Scott said he did not tnink there could be even distriLutionat the present time under this proposal because the language indicates that the Council�would only be making an attempt to aFpoirt 6y Wards Councilman Breider said if the Mayor anc�ouncilperson at Large were to appoint peopTe at Large, there would be the same situation. He said there could be three people from one area on the comm�ttee. Mr. Scott questioned the current opentngs in the Suhcommittees. Mayor Nee indicated that the Council was hop�ng to settle the consideration of the currently being discussed ordinance before the apointments were made. He mentioned that the memders of the Council are eager to appoint members to fill the openings. Councilman Starwalt mentioned that what may be a cause to the current problems is the redistribut�on of the Ward structure. He said the distr�bution is gradually working into shape, and he believed the appointments would be closer to more evenly distributed appointments than what �s currently in existance. Councilman Starwalt said if the individual members of the Councii make bad appointments, they hear about it from the other members of the Council Mrs Treuenfels said she felt the election of the chairman from within the member comr�ilssions was probably the best �uay to go She said under the current system, one person from each of the comnittees was permitted to run the committee. Mr. Dick Harris, Chairman of the Planning Commission, said if the Plam m �g Commission is not overwhelmed at the present time, they never will be. He said he was not speaking as a member of the Planning Comm�ssion a�the present time, 6ut as a member of the commun�ty who often brings concerns through the committees, and it would seem that it may be possible for the whole comm�ttee to be replaced at one time. He said this has happened in the past and it is difficult The City Manager sa�d he thought the consideration had gone full circle. Mr. Harris also commented on the concern may make it mandatory to deny membership He said the modified proposal would take wording that this 6e e�couraged by lJard. would be ma�ority of the Council members Counci7 votes. He said the Councilwou7d committees. 1 of Ward appointmentszn �mentioned that this of some capable people an the subcommittees. thisnnto consid�ration and he supported the He mentioned that the apointment to any commission He mentioned that this would take three have control of the appointments to the various Mayor Nee sa�d he did not think there was a need for the law to state there should be equal Ward representation, the members of the Council are very eager to appoint w�th�n their Wards. Counc�iman Star4valt questioned the proposal that each of the members of the Council appoint members concurrent to their own term of office. He asked what would happen if he moved from the City and was out of office. He questioned if those he had appointed would 6e off the committees with his successor appointing new members. Mayor Nee said if the terms would run concurrently with the term of office, they would have to continue unt�l the end of the unexpired term. Councilman Starwalt said he felt very strongly that the people should not be removed from the committees. He said if able and capable people are serving, they would not want to push them out because someone else was elected The City Attorney said he would l�ke to bring up a legal point. He said he would like to repeat something the City Manager had pointed out, that the Council would have five votes on each of the appointments. Not one appo�ntment for each member, this would have to be voted on. � r d � k .� _ PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 8 Mr. Bill Drigans, member of the Planning Commission, addressed the Counctl and said he did not think the method of appointment should be a part of the ordinance, he feltth�s to be a policy matter. He said he felt the Mayor's proposal for the nomination of several people would be a good policy. He also mentioned �hatif people are willing to serve, they should serve the enttre communtty, not ,7ust their small neighborhood. He said he never just thinks of his own iaard, but rather the whole community when the considerations are before the Planning Commission He reiterated that the Playor's 'proposal for nominations was the best possi6le proposal He said what the member commissions really need is qualified people and it does not really do the City or the committees any good to have people serving who do not have the knowledge to ask intelligent questions. He pointed out that the members of the member commisstons help the Council by asking good questions. He said the questions should be asked at the subcommittee level so the Council has the time to study the various items. He said qualifted people should be appointed, not campaign managers or campaign secretaries. Mr. Origans said he felt the wide open appointments would be best, and he wouldlike to see five qualified people who may live within the boundsof one Ward. Councilw�oma•� Kukowski mentioned that she knew of many qualif�ed people in Ward II, she questioned, where are all of the other people from the other Wards. Mayor Nee said his suggestion would be to put five people in front of the Council with a presentation of their biography. Ne sa�d this would crive the peop1e fice people to consider for each appointment_, and the Council ceuld maice the choice from these five. He said everyone willtng to serve should have some constderation. Counc�lman 6reider sald several weeks ago, there were letters received by the Council from people who wished to serve on the Cable Television Commission. Councilman Starwalt mentioned that the Council would like interested individuals who would have the time to serve. Councilman Breider said he thought the pro6lem in distribution is a practical one which 'came from the redistricting of the Wards in the City He said before this tnne, he had appointed people from his Ward, now the people live in other Wards. He said he could see some problems with the proposal from Ward appointments. Mayor Nee questioned the C�uncil on their feeling concerm ng the proposal that the indiv- idual member corr¢nittees elect the Chairman to serve on the Planning Commission. Councilman Breider said he felt that the member commission would elect the person that would best represent their views. He said he thought this su9gestion had a lot of inerit. Mayor Nee said he liked this proposal. He said he thought the vitality of the member commissions would be enhanced if the chairman was elected by them and could be considered "theirs". The C�ty Manager suggested a d�fferent approach statina that �t may be feasible for all of the commissions to elect their own Chairman, including the Planning Commission. He said the Cwracil would havle the authority to solicit who they may want as Chairman of the committee and this could be the recommdation of the Council. Mayor Nee said w�th the proposal for the Chairman to be elected, it would be poss�ble to replace the cha�rman if he did not represent the uiews of the commission. Councilman Breider said he would much rather have the committees elect their chairman who would determine if their position is being served. He said the comm�ssion could replace him or ask him to step down if *he person dzd not represent the commission He �felt this would 6e a good form of check and balance. The Planning Assistant said the Planning Corrmiccion could have five new members, all �t one time. He questioned if this may create some problems. Mayor Nee said th�s;�ould only happen if all the charmen "goof up". He said there would be a major change in the Planning Commzssion if all of the Chairmen fail to represent their committee. �ir. Drigans asked how long the Chairmen would serve Mayor Nee said this would be at the d�scretion of the committee. Councilman Fitzpatrick said there are many things that could be said in f�vor of this concept. Councilman Fitzpatrick said unless the commission elected the newest appointment to the comm�ssion, there would be a frequent turn over on the Planning Commission Mayor Nee commented that he did not think this would be necessarily so, but it could happen. 1�� PUBLIC HEARI�G MEETING OF MAY 12, 1975 PAGE 9 He said if there is a strong cha�rman, he would be reappointed by the Council. Mayor Plee said the members of the member commissions would read the minutes of the Plann�ng Commission Meetinosand the Chairman would have to maintain the confidence of the members: He said he thougfit th7s would be a fatr test. He said if not, there is a real question on whether the representative should be on the Plamm �g Commission. Councilman Fitzpatrick sa�d the concept of the electionof the chairman has much to say ' for it. He sa�d he could see some problems, but they might not be the most important criteria of the consideration. Councilman Starwalt said he could see ihe points raised by Coiancilman Fitzpatick. Counc�lman Starwalt said it has been the feeling in the past to keep as many experienced members on the Planning Commission as possible. Mayor Nee mak� the point that if the Chairman of the Subcommittee does not have the confidence of the committee, maybe he should not be on th2 Planning Commission. Councilman Starwlat commented that there may not be as much turnover as is being questioned. Mayor Nee sa�d if strong people are elected 6y the Subcommittee, there would not 6e this much turnover. The City Manager commented thatthe �v�.mcil should think about the continuity of the process. He said this �system would create the potential of having five new members on the Plam m �g Commission. He suggested that the Council ask the subcommittee for their input before the Council appointment as Chairman He sa�d this would have to be done at Council level. he mentioned that the Cnunc�l uses the help of the citizens committees to make dec�sions, but the Council has to make the ultimate decisions. He said ihe Council has to answer to the citizens of the City, He reiterated, the continu�ty of the process is a very important consideration. He sa�d the committees make suggestions to the Council and these recommendat�ons have some weight Mayor Nee said this would make the Planning Commission answerable to the committees rather than the Council. � Mr. Nick Garaffa, 675D Monroe Street N. E, said he believed that the Cha�rman should represent the ma�ority view of the mem6er commiss�ons. Mr. Garaffa said in past action, some chairmen d�d not represent the ma�ority view of the commissions. He said there is the possibil�ty of the chairman acting for himself instead of for the commission and this stop gap procedure would alleviate this problem. He said the people on the commissions could come to the meetin� and indicate t�t the Chairman does not represent the ma�ority. The City Manager said that all minutes of the Subcommittees will be reviewed by the Counc�l and �f any action i>> taken, the Council wiil be aware of this. He meniioned that this would also �ndicate if the Chairman is not actin9 in accordance with the feelings of the ma�or7ty of the member com�n�ssion. The City Manager 6rought up the point that the Council's decision would 6e based on all of the members of the community, and the commiss�on's cons�deration is not tfie all deciding factor He said the Council will review all the available material and information aswell as the feelings of the community and make its decisions for the good of the communi"cy Mayor Nee said he is sure that the members of the Council review the minutes of the member commiss7ons and are aware of the areas of conflict Mr. Garaffa said there ts a loophole inthts statement. He said the actton views of the var�ous commissions may not be presented to the Council at the same time. He sa � not just the recommendations of the Planning Commiss�on should be considered. He said this � would be alr�ght if the recommendation represents the ma�ority thinking. He said all of the member comnissions should find out about the consideration tn a timely manner, not like tn the past, after an item is acted on by the Council. Mayor Nee said the chairman would 6e alert to the considerations that his individual committee should review. He said the chairman should also have the confidence to enter into negotiations. He added, �f the member commisston distrusts the chairman because of h7s imprompto statements, he w�ll have to come back and face this lack of confidence. Mr. Garaffa stated about what happens committees to have after. that it may be possible for a chairman to wear two hats and foraet on the subcommittee leve7. Mr. Garaffa said he would l�ke the the right to regress at the time of action, not two to three weeks Mrs Truuenfels said she was concerned a6out the City Manager's concern over the continuity rather than representat7on. � L/ �7 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 10 Mr. Scott addressed the Council and suggested t�iat the Planning Comm�ssion be comprised of five memebers with a non voting chairman in addition to this. He suggested that �f there is a tie vote, the chairman would be the tie breaker. He said he thought the Chairman of the Planning Commission should not serve on other commissions. Councilman Fttzpatrick said at the present time, the Chatrman of the Planntng Commission does vote. He menttoned that the Chairman has always voted in the past. Mr. Scott said with the current proposal, there would be six members on the Plamm �g Ccmmission and �there is a possibil�ty of a tie vote. Mr. Scott suggested the possibility of the Chair- man not being a voting member and stated that in the proposal, he is to be the Chairman of the Community Development Correnission. He suggested that the duties of the Chairman of the Planning Corrom ssion be limited to this wit�out having him on another commission The City Attorney asked Councilman Fitzpatrick if he wo�ld care to be a non voting member of the Planning Comm ssion in view of the fact that he was a past Chairman of the Commission. He mentioned thai.the chairman �n this instance would be involved in all of the considerations and not have a voice in the outcome. He said he did not think this would be satisfactory. Counc�lman Fitzpatrick said there is such a small number of inembers, He d�d not think thai the point that the vote may be split at some times to be a val�d point, but he felt there may be some prob7em in getting a chairman if this is the case. Councilman Fitzpatrick said often times, there are members of the Planning Commission absent and it may be difficult to have a quorum present. Councilman Starwalt said now the Chairman does vote. He said he would encourage this to continue. Mayor Nee said he could not see any problems when the Cnuncil k�ould have the final decision to make The City Manager again mentionedthe continuity and said there were pros and cons in the �proposal. He sa�d it would also be possible that the Chairman of the Planning Commission be elected within the Planning Commission. He said thiscould be done in all commissions. The City hianager continued to state that he was trying to point out the alternatives to the Council and also the pros and cons. Mr. Gafaffa asked if the canstructionof thecommiss�ons could be left ,7ust as they are. He said if they were reviewing all of the alternatives, one would be that they be left alone. He said the coa�mi�ions are operating with a broad base with much citizen input at the present time. Counc�lman Starwalt said the Council had been holding up the appointments to sat�sy itself that the proposal �s the right and proper thing. He sald those people that have cor,tinued to serve throuqh the expired terms had done so by choice He said there is a need to add some people at this time. He said the Council would have to get to the fill�ng of the vacancies Mr. Bill Drigans said as the proposal stands at the present time, the Chairman of the Community Development Commission will serve as the Chairman of the Planning Commission. He asked the Council to consider that thts may allow for change in the Chairmanship of the Planning Commission on an annual basis. Mr. Drigans said th�s should t�e worker�' aut and if continuity is a factor, it should be siressed at this �evel. The City Manager said if continutty is a factor, the members wouldnot all change in one year, they would only change two per year. He said if there are all new members on the Planning Commission, they would have to begin each process over again. He suggested �that two of the fi�ce members should be changed at one time and one the alternate year. He said he could see some problems �n the members of the Plann�ng Commiss�on serving less than three years. He sa�d this method has worked in the past and he suggested that it be retained. Mayor Nee said it might be desirable to have a change. He suggested that the Chairman not be a mem6er of �ny comnission. The City Manager said he thought there would be special concern if the Council would appoint someone who would not vote. hiayor Nee said the Chairman could be apointed by the Council, not by a member of another commission and a voting member. He said let h�m vote The City Manager questioned the concern over the tie vote. Mayor Nee said the item would still come ±o the Council. Mayor Nee said the Council gets a fair sampling of what is sa�d at the subcommittee meetings and if there is a tie vote, he could not see why this would make th�s much difference. i9�4 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE il Mrs. Lee Ann Sporre said she thought that the proposal was brought about because the staff has not had enough impact on the decision ma;ting process. She mentioned that the criteria should be spelled out on which committee should undertake considerat�onon specific types of items. She used the example that if the staff feels that something �s a park item, and it also involves the environment, it should be spelled out wh'ich items go to what system. She stated there is the potential of something would get to the Council through this flow without the committee input because of staff decision. ' Mayor Nee said if the subcommittee had the right to consider an 7tem, the Subcommittee Cha�rman could preempt tt at the Planning Ccmmission level. He said this may delay the �tem for two weeks, but i± would rely onthe Chairman taking hold of it and saying, th�s is sometn�ing that my coirQnittee would like to talk about. He said he felt this would act as a circuit breaker and there would be no problems Mayor Nee said this would allow the Cha�rmen of the Subcommittees an unchallengable right to ask for an item for two weeks and this would tend to solve the prob7em. Mrs. Sporre sa�d the earl�er the Subcommittee receives the item, the better. She said she thought the CounciT should spell out each area and ihis would be for information to the staff She said the staff could tell what a square block is if the Counc7l would tell them. She recalled that the City Manager sa�d some consideration might not go through all of the member comm�ssions The City Manager said maybe he had not made himself clear. The City Manager said he thought the concerns raised by Mrs. Sporre were the concerns that .��ould 6e avc��ded by the adopt�on of the proposed orc�inance. He explained that the comprehensTVe plan w�ll be reviewed by all member commissions and Planning Commission and Cour�Gil before being adopted. He mentioned that the EPlvironmental Quality Commissionis workin9 on a model ordinance. He said this would be reviewed by the EQC, Plam m �g Commission and Council. He said this document would up date the comprehensive plan and would lay out the concerns of the Environmental Ouality Coirrnission, Parks and Recreation Commission and all of the other member commissions. He said this would adopt the framework and ' there are no problems at the staff level. He said one consideration may go to one or all of the member commissions He said the staff would not gain more power with the proposal, it would ha,ve aer�r li*,tle impact and the citizens will have greater �mpact. He said the comprehensive plan would be adopted by the commissions and ihey are to �ee that this plan is carried out He said there would be more rev�ew by the citizens committees than there �s at the present time, and also greater total review. Mayor Nee said in h�s discussions with the C�ty Manager, the City Manager's biggest concern was the poss�bility of increase staff effort. He said he would not want to involve additional staff time, and there are some negotiations in progress. Mayor Nee said he would like to minimize the staff input. He said he did not think the current discuss�on could cover everything that could posstbily go wrong with the proposal. Mr Scott asked how the matters are dtrected to the various comm�ssions. Mayor Nee answered saying sometimes, the Counc�l receives a matter and will direct it to the Park Board or the concerned body. The City Manager said it would be possible to direct the various items to all five of the commissions. He stated that the�nember commissions would have to a�opt some document plan to live by. 7he would be a guide for the adm�nistration. He sa7d with thc adootion of the plan, there is nothing that would not go automat�caliy to the proper coirnm ssion. He added, if not all of the proper input has been considered on an item, it may be ser�t back by the Counc�l, He said there would always be a cycle. The City Manager mentioned that Council would have to have some concern for the time � limits. He said the City of Fridley would have a number cf commissions that�the other cities do not have. He said thiswill add two weeks to the process. Mayor Nee mentioned that the administrationwould route a71 items where they shoultl go and someone in the cha�n could claim the item if they felt the�r commission should review the matter. The City Manager continued to comment that if somethin9 would come to the Council and the Comprehensive Plan had not been addressed in the question, the Council could send the matier back to the Planning Comiss7on or any other member commission. He said the staff could d�rect matter� the Planning Cor�nnission could direct 7tems, Council could and, also the member commissions. The C�ty Manager used as an example that all of the environmental concerns would be listed and these concerns would be taken to the EQC Councilman Starwalt read a port�on of the City's 1975 calendar to the Council and audience dealing with the growthand development of the City. � L r7� � PUBLIC HEARING MEETING MEETING OF MAY 12, 1975 PAGE 12 Mr. Garaffa asked if the current set up of the commission would 6e unacceptable. The City Manager responded tha tif the cnmmissionswere left as they are they would not address the human resources concerns and would not relate dtrectly to the environmental concerns He said the Council had directed h�m and he had made the plans for this revamping. Mayor Nee said he would like to explain the motivating force in this consideration and said he had been pressing for this revision more than anybody. Councilman Breider explained thatthe current proposal would address a multitu�e of concerns. He mentioned that the City currently has a Plats and Subdivisions, Streets and Utilities Subcommittee and there is not that much land left for development in the City. He said there may be two to three more plats in the City and he wald rather have a working commission. Councilman Breider continued that the current arrangement al1ows for concerns to go directly to the Council from the �ndividual subcommittees He said it would seem to him that a better ,7ob of planning and consideration of the concerns could be done tf the items were reviewed by all of the subcommittees and the Planning Commission before coming to ±he Council. He said the acttvitites of the City and the member commissions should be directed by policy, and currently the admim stration does not have this kind of policy. Mr. Garaffa questioned Zf a car had two bad tires, wauld the urhole care be replaced. He said the City was planning a whole new structure when they did not know if ii is going to work. He suggested that this be put off at this time or perhaps be done gradually. Mr. Garaffa said maybe the City should take another look at what the problems are. Counci1man Breider asked Mr. Garaffa tf he had a workable solution in mind Mr. Garaffa said he would suggest replacement on a one to one basis. Mayor Nee said this revamping is out growth of the present structure. He explained that the proposal would be building on to what is in existance. He said the first proposal �s;onsol�dates the plumbing or streets and utilities functions with the streets and utilit7es and other process and creates the Community Development Commission He mentioned that secondly, the Environmental Quality Comnlsion would 6e brought into the Plann�ng Commission process. Mayor Nee said the third revision would bring the Human Resources Corrnmssion into the Plamm�g Corr¢nission process also. Mayor Nee said it is his hope that the process will solve conflicts within the free wheeling atmosphere of the Planning Commission. Mr. Garaffa said he saw,Mayor Nee's point � Councilman Starwalt said he did not think the proposal reflected that much change and it did cover items that had 6een discussed before by the Counc�l. Councilman Starwalt said there was not a big push to do this right at the oresent time, the pu6lic hearing had been set up several weeks a9o. Councilman Starwalt said he thought the reorganization would correct the problems. He sald maybe all of theproblems would not be solved, but it would besm�other and this could be amendedin the future to take care of any �roblems down the road. Mayor Nee said the most drastic change is that each concern should to to the Planning Commission before it goes to Council. He indicated that at the present t�me, the items have not been directed in this manner and the Council questions what the individual committees may and do think about the items. Mayor Nee explained under the current proposal for reviston, each of the member commissions who would have a concern about any proposal would review the proposal and it would then go to the Plann�ng Commission for review and modif�cation and consolidation of the member commission's recommdation and stipulations. He said after this, the matter would 6e directed to the Counctl with a combined response of the member commissions and Planning Commission recommendation. Mayor Nee said he th��ught this would be the best manner of havinq thingsprocessed and examined. Mrs. Treuenfels said that by what the people have said at the current meeting is that the people have lost faith in their leaders. She continuea to state that she thought�he plan would he good to help restore the faith. She also inentioned that it is a good proposal that the committees elect their chairman because this lends to faith in government. She said she felt this to be a good plan and also thought it would work very well. The City Attorney used an example that one wants to build a plant in Fridley and this individual comes into the City and is told that he wouldneed rezon�ng and also variances. He would also need approval of the 6uilding plans. In order to complete this process, he would have to go to the Appeals Commission, may be to the ENvironmental �uality Commission, the Community �evelopment Commission, the Planning Commtssion and the Council. He said the man would be faced with five meetings He said each of the member commissions would come up with a different st�pulations and there may be a new set of rules set by each commission l�� PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 13 He questionetl if the applicant would be expected to produae� representation at each of the subcommittee meetings. The City Attorney asked how much time and money this would take. He mentioned at this time the City of Fridley has tl�e reputation of being c�operative with its work between the staff and the applicants and the Council and the applicants. The City Manag�r saTd he wauld like to address his con�ents to Mr. Garaffa He said the reaction of the staff to this proposal is that this would put more work and burden on the staff. He said there wou7d be more input from the community and the commissions ' and he did not know if this could be done with the present staff. He said the current proposal is in no way what the staff had originally proposed. He said this has had three to four months of review. He said he wouldnot want to give the impression that the staff is being pushy, he said they are merely reacting to the wishes of the Council He saTd the praposai is only taking out what is not needed at the current time, He said the Environmental Qual�ty Commiss�on had been sying for years that they had not taken care of any concerns and they had not had anything to react to. He said with this proposal they will have an �mportant function and�have a specific �ob. He said they are currently esta6lish�ng an environmental ordinance that would establish the framework for the City. The City Manager explained that any environmental concerns will go to them. The same consideration realtes to the Human Relat�ons Commission He said this group was createtl by resalution and not by an ordinance. He said the meetings have not 6een well attended because of lack of items to react to. He said establishing the Human Resources Commission would give a broader input. He suggested topics for their cons�deration such as senior cit�zens in the City and youth concarns, fine arts and the woman's �ob market These concerns have serious impact on the City. ihe City Manager cont�nued to explain that the Council feels tha t the City should increase the impact of these areas and replace what the C7ty has outgrown. He said he must emphasize that this is not a staff plan 11e said this is the Council's plan and the staff had been d�rected to prepare �t. The C�ty Manager said he had certain reservations about this pla�. He said there was only so much staff and so much resources. He said this is go�ng to add to the review process the City now has. Mr. Garaffa addressed the sign question that had been previously considered by the Counci� he mentioned that the srgn people had said all of the commercial area was available for signs. Mr. Garaffa said this wouldindicate that the City is for wh� �he public is against. Mr. Garaffa said he felt the proposal to be bad for the City and would bring about more problems. He thought that everything should go smoothly with public input Mr. Garaffa indicated he felt that the City has a problem meeting the public will and Geople are concerned about past mistakes. He sa�d checks and balances would help this. Mayor Nee said he felt that th�s was in effect what was being said in the proposal Mr. Dick Harris questioned how much time would be added to the entire consideration procedure after adoption of this ordinance. Mr. Harris used as an example the recent proposal by RAO Manufacturing The C�ty Manager said this would add from one to two weeks to the consideration time and it may add as much as two months. He said if this had to be reviewed by ali of the member commissTOns with the consrderations that certain Statutes had to 6e adhered to for something like rezoninq. He added, hopefully, tt would not take as much time after the adoption of the comprehens5ve plan, since thiswould address all aspects of the consideration. Ne also mentioned if some development would involve the dedication of some park land, this consideration would have to be reviewed by the Park and Recreation Commission. He said if the comprehensive plan is laid out, the developer ui�l know what the City wants He said the City has a zom ng Code and thiswould adopt additional documents for 4uidelines. He said the Planning Commission would review the matter with all of the minutes of the member comm�ssions and all of the minutes and recorrrnendations would be brought to the Council at one time. He mentioned that an �tem � may only have to go to one member commiss�on�and some may have to go to four. Mr. Harris said he was speaking as �;n individual and said that one or two weeks would not bother him, but a delay of two months wou'cl not be reasonable. He said he did not think the shorter delay would be unreasonable. Mayor Nee asked if currently rezoning would take about six weeis. He said w�th the addition of two weeks, this could take up to two months. hir. Harris repeated if this would take thenormal time plus two months, he would�d?a�c# to this. The City Manager said some development consideration should oo to the Environmental Quality Commission and this is not currently in the plan. Mr. James Langenfeld, Chairman of the Fridley EQC, addressed the Council and indicated that most of the requests for development in the spring of the year could be taken care of in the winter months previous to this time. He said he objected to the people that � t� 7 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 14 come to the City with some kind of an emergency rush. He s�ted as an example the man who comes in for avariance and says he has a load of concrete ready ±o pour and needs instant action. He said when the ordinance is established this woule� be a good point for environmental considerations. Counc�lman Starwalt said even if it takes six months for some ma�or concerns, this time should be taken. He said the lesser matters could be taken care of in from one to two weeks. He said he believed the "red tape" to �e a prot�ction factor for everyone. �Councilman Starwalt said if there is a delay, maybe they could come up with a better development than they would have had otherwise. Mr. Harris said he would iike to qualify his statement and one to three weeks w•auid not be ob�ectionable. He said in a case as tfie City had ten years agu (tornauo) where there is a ma,7or disaster, the City tivould have to look at a different system of progressing. He said thiswould be a different case. Councilman Starwalt questioned whetner the current amount of C�ty staff urould fit this framework. He mentioned, if not, there will be problems. P1ayor Nee said he d�d not feel that the City had to provide staff for the pro,7ect committees, but staff would be s��l�ed at the commssion level . The City Manager said as far as he knew, the Board of Appeals has had staff, the Planning Commission and the Parks and REcreation ComJmssion. iie aid the nthers had not been until recently. He mentioned that the Environmental Quality Commission is now receivrng staff ass�stance at tneir meetings because of the pro,7ect they are involved in. Councilman Starwalt asked if adequate staffing could 6e prov�ded arr1 tFe City Marsaaer said yes, but there would be a shift in resources, now they are only providing three suUcommittees with staff Councilman Starwalt asked if this would be adequate to do ,7ustice with the present staff Tne C�ty Manager said the member, ccmmissions might feel that they need more information and data or material and thisfras to be limite� The Caty M�nager said he hoped that the commissions would not expect a great deal of help because th�s would have to be limtted. He mentioned this would not be a drastic change from what �is being done today. Mayor Nee used as a sample nro,7ect the Environmental Quality Commission had asked to monitor the water coming in from Spring Lake Park and Coon Rapids. He sai� the costs of this type of pro�ect would have to be monitored and the Council would have to decide. Councilwoman Kukowski said she like the plan and wouid like to see the member commissions elect 1.heir own chairman. Councilman Breider said he felt the same way. He said he would also like to see the committee chairman elected ty the members Councilman Fttzpatrick said he felt t�is would be a goed plan He said he believed that the election of the member commissionchairman would solve many problems. Mayor Nee asked the members of the Cc�uncil now they feli, about the cha�rman �i the ^la�1m ng Corrunission not serving as chairman of the Community Development Commission. Fle said th�s would allow the Planning Commission Chairman to be free to operate the Plannin9 Commiss�on. Mr. Richard Harris, Planning0anrnission Chairman, said he would prefer to not be the Chairman of anoth�r commission, there is ,7ust not tnts much ?.ime He also explained that he believed that the Chairman of the Planniny Commission sl�iou�d be a votrng member of that body. He said there had been some problems �n th past with ra�sing a quorum and thts wouldina°ease the difficulty. He said it is always possible for the P7anning �Commisston to send something to the Council without a recommendation or a tie vote. Mayor Nee said the proposal would be that the Chairman of the P1amm �g Commission not be a member of any other comission and that he be a voting member of the Planning Commssion wh�ch would make a total of six voting members. Mr. Bill Scott said he had brought up this concern cecause of the possibility of a tie vote, but he also fe1t that the Chairman should be a vot7ng member of the Flam m �g Commission. Mayor Nee said this will allow for ?5 people on the comm�ssions with the addttion of the Planning Commission Cha�rman, which would make 26. He said as many people as wanted or needed could serve on the individual ad hoc committees with�n eacdi member commission Mayor Nee asked the City Manager if he would_�mend the crd�nance to state those things 4�hich had been agreed upon through the dtscussion. The City Manager listed the following changes to be made in the ordinance the member commissions would elect their own �unr, Y_ ti� ^_ PUBLIC HEARING MEETING OF MAY 12, 7975 PAGE 15 chatrman, the Plann�ng Commission Chairman would serve only on the Planning Commtssion and he would be a voting member. Councilinan Starwalt asked if the ordinance could be adopted on first reading. The City manager said �t could be a�ended on second reading. MOTION by Councilwoman Kukowski to close the public hearing Seconded by Councilman Fitzpatrick. Mr. Drigans asked how the Council intended to make the appointments He felt this should be a policy matter. Councilman Fitzpatrick asked if the ordinance would be adopted as it stands, he said there would be some problems with the members being the committees are being consolidated. Mayor Nee said he strongly urged the Councii to adopt ihe proposal ihat he had made. He said he was not sure that this would happen. He said there is no question on the method of appointment, there is a concern over the nominating process. Mr. Bill Scott said he would like to seP the Council members personally accountable for the members they appoint. Mr Nick Garaffa said with the current proposal, it would make it possible for all of the mem6ers of the Planning Commission to be from one Ward, He asked if it would be possible to indicate that the Chairman would be from a different Ward if the ma�ority of the members are from Ward. Mayor Nee said if the appointment is to be for three years, it would 6e difficult to �ust dump it. �PON A VOICE VOTE, on the motion to close the publ�c hearing, all voting aye, Flayor Nee declared the motion carried unanimousiy � MOTION by Councilman Starwalt to waive the reading of the ordinance and adopt the ordinance as presented on first readrng. Seconded by Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor P'ee declared the motion carried unanimously MOTION by Counr.ilman Fitzpatr�ck to direct the Administration to amend the ordinance for the second reading. Seconded by Councilman Starwalt. Upon a voice vote, a7] voting aye, Mayor Nee declared the m���ion carried unanimously. Councilman Breider asked Tf the Admin�stration had advertised what vacancies are ava�lable. Mayor Nee said this had been done for the past two months. The City P-1anager said notifica- tion had been inthe paper and also on Cable Television. �ESOLUTION NO 71-1975 - CONFIRMING ASSESSMENT FDR SANITARY SEWER AMD 41ATER IMPROVEMENT PRO�ECT N0. 115 MOTIDN by Coucnilman Breider to adopt Resolut�on No 71-1975, confirming assessment for Sanitary Sewer and Water Improvement Pro�ect No. 115. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P�ayor Mee delcared the motion carr�ed unanimously. SETTING PUBLIC HEARING FOR ALLEY VACATION SAV #75-03, BY MACHINING INC., GENERALLY � LOCATED 6ETWEEN ASHTON AVENUE AND THE RAILROAD TRACKS ANd LIBERTY STREET AN� LONGFELLOW: MOTION by Coun�•ilman F�tzpatrick to set a public hearing for the vacationof the alley between Ashton Avenue and the rai7road tracks and Liberty Street an� Longfellow for June 9, 1975. Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTh1ENT OF ALTERPJATE TO THE SUBURBAN RATE AUTHORITY: Councilman Starwait said he was unatle to attend a meet�ng of the Surburbar� Rate Authority and reading over the im nutes of that meeting, it had come to his attention that the group � `)�ii� L �, PUBLIC HEARING MEETING OF MAY 12, 1975 would like alternatives appointed to attend when the member is not able to. PAGE 16 MOTION by Councilman Starwalt to appoint Councilwoman Kukowski as an alternate member to the Suburban Rate Authority. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: �MOTION by Councilman Breider to ad�ourn the meeting. Seconded �y Councilwoman I<ukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of May 12, 1975 ad,7ourned at 11 02 P.M. �� Pat Ranstrom William J. Plee Secretary to the City Council Mayor �ate Adopted 7—%-�S � �