08/11/1975 - 00015115��
THE MINUTES OF THE PUBLIC HEARING MEETTNG OF THE FRIDLEY CITY COUiICTL OF AUGUST 11, 1975
The Public Hear�ng Meeting of the Fridley City Council of August 11, 1975 was called
to order by Mayor Nee at 7:32 P.M.
PLEDGE OF ALLEGIANCE:
Mayor Nee welcomed those present at the meeting and invited them to �oin the Council
�s saying the Pledge of A1legiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT:
ADOPTION OF AGENDA:
Councilwoman Kukowski, Councilman Breider, Councilman
Starwalt, Councilman Fitzpatrick, and Mayor Nee.
None.
Mayor Nee said he would like to add the consideration of action concerning Project
#1]4 and A. J. Chromy Company, the contractor.
Mrs. Lee Ann Sporre, 301 Ironton St. N E., asked if it would be possible to add the
consideration of issuing a permit for a neigh6orhood party in Rutf� Circle Park.
MOTION by CouncTlwoman Kukowski to a4�opt the agenda with the aforementioned additions.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried una m mously.
PUBLIC HEARINGS
PUBLIC HEARING ON PROPOSED FINAL ASSESSMENT ROLL FOR WATER, SANITARY SEWER AN� STORM
SEWER IMPROUEMENT PROtiFCT N0. 176:
The Public Works Director pointed out the location of the area �,s being the Great
Northern Industrial Plat, south of I#694 and east of East River Road. He saidthe
improvements are on 53rd and Industrial Boulevard and they �,aere a11 requested. The
Public Works Director said Burizngton Northern is the only property owner �n the
area that will hP liable for the assessments. He referred the �ounc2l'� attent�on
to page 1-B of the agenda where it is noted that they will be liable for the assess-
ment. The Public Works Director said the final roll appeare� on page 1 of the
agenda in form of the original roll and the alternate roll. He read the costs
for ihe original roll as folTows: water lateral, $9.72 i�er foot, one water service
at $324.21, sewer lateral at $11.55 per foot and the sewer service at $388.52. He
further mentioned the cost fur the storm sewer will be $7.39 per 1�� sq�iare feet of
area.
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Mr. Mervin Herrmann, Assessor, mentioned that some of the lots in the area have been
sold but 'Lese assessments will �e paid by Burlin9ton Northern. Mr. Herrmann said due
to the large size of the iots withln this improvement, the assessments 7n this roll
have been fi9ured similar to the manner that lots inAuditor's Subdivisions are
fi9ured. He further explained that 150 feet of the side portion of the property
is not assessed to equalize the front portion of the property. The Finance Director
satd this assessment was figured similar to what a 40 acre tract would be.
The Public Works Director said there was a representative of 6urlington Northern
nresent at the meeting. Mr. John Heron, Burlington Northern, addressed the Council
and said Burlington Northem had asked that the assessments be spread in th�s manner �
6ecause of the size of the lots and also the question of whether they would be sold.
He said thts would a7so make it possible for someone to rece�ve service on the 6ack
�1er�t�,;ssf they sre divided in the future. He said he felt this would be �� ror�
reasonable way to figure the assessments.
Mayor Nee asked if the manner �n which the assessments were spread v�o°�'r� be a
defenseful deviation in his mind, assuming the new owner �,�{�uld be assessed. Mr.
Brunsell, Finance Director said the lots are lar!�e t�7acts �f property comparing them
to normai builcling sites. He said these lots are between a' small lot and large tracts
of ground a;d this could have been done either way.
Mayor Nee satd the petitioner prefers the original roll and the Assessor satd yes.
The Assessor sa�d he felt this was the most logical w�3,y to figure the assessments.
Mayor Nee said �` �1�er�. �r•e no other comments, it would be in order to close the hearing.
There was ro response.
PUB1_IC HEARINf MEETIPlG OF AL'GUST 11 , 1975
PAGE 2
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MOTION 6y Councilman Breider to close the public hearing. Seconded by Councilwoman
Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the mot�on carried
unammously.
HEARING ON VACATION REQUEST BY L. BENSFR, 5AV #75-D4, AI_LEY IN BLOCK 4, SPRI
, The Public Works Director explained the location of the property concerned with the
vacat�on as listed in the heading. He said this is generally north of 79th and east
of Ashton L-etween Ashton and the railroad tracks. The public Works Director informed
the Council that the Plam m �g Corimnssion had recommended d,enial of the request at
their June 5, 1975 meeting. He pointed out this section of their minutAs to be
on page 2-E of the agenda. He further explained that two petitions had been presented
to the Planning Comm ssion, one in favor of the vacation and the other opposing and
said these petitions were submitted to the Council within the agenda
The Public Works Director introduced Mr. Craig Mertz, Attorney for the group of
residents favoring the vacation of the alley.
Mr. Mertz addressed the Counc�l and indicated he represented seven property owners
and Mr. Leonard Benser, who had applied for th� vacatlon of the alley. Mr. Mertz
explained the background for the request by say�na Mr. Benser had located a fence
in the alley right of way and he had been advised by the City staff to either remove
the fence from the right of way or request that the City Counc�l vacate the alley
easement. Mr. Mertz said the alley has really never been used for ingress and
egress and it �s now sodded and used as back yards and has been for over 50 years.
Mr. Mertz circulated colored pictures of the alley area to the Council. Mr. Mertz
cont�nued to corranent that as Mr. Sobiech had said at the Fublic Nearing of the
Planning Commission held in �une, three praperty ��,�ti�ners said they ap�osed the
vacation of the alley because they wish to use the alley to drive the�r recreational
vehicles into the alley and to their back yards. Mr. Mertz said accordin9 to the plat
� of the a�'�a, there is alley right of way, but to allow recreational vehicles to use
the alley would be a drastic change in t�7eland use. He said the City Council should
consider very carefully how the use of the,recr2ational vehicles will affect the
alley. Mr. Mertz presented a petition signed by eight property owners in the area
favoring the vacation. He explained that this was from a total of 15 property owners.
He mentionedthat it was listed in the Planning Commissionminutes that there were a
total of 17 property owners and he bel�eved this to be erronious. Mr. Mertz said
cross checking the number favoring and opposing, he had determ�ned that only four
people opposed the alley �dacation.
Mr. Mertz said he would l�ke to briefly list the reasons that the alley should
be vacated and continued to state that the alley easement had been there for 50
years and had never been used for an alley and he said the use of the recreational
vehicles v��ould 6e a change in the status quo. He sa�d to permit traffic in the
alley would be a danger to the ch�ldren in the neigh6orhood I{e said the resldents
have enough proalems keeping the children out of the traffic in the front of their
property. He questioned if it would be feasible Lo watcl�� the children on two s�des
of the property. Mr. Mertz presented the Council with -nother set of pictures
indicating the ch�ldren's play equipment in the back of the homes in the immediate
virinity of the alley easement. He said the play ground equipment attracts children.
Mr. Mertz continued to list the reasons and sa�d the neople of the area feel to open
the alley to traffic would draw snowmobiles and motor cycles at all times of the day
and night. Mr. Mertz referred to one of the properties abutting the alley 2asement
and said th�s is a parking lot to the apariment building. Ne said if the alley is
open to theparking lot, this would increase the trar'fic �n the area. Healso ment�oned
� that if the alley isopen for traffic, there v:ill 6e problems with snow removal and if
the modern equipment is used, it could not turn around without the insLallat�on of
a cul de sac and acquisition of additional easement Mr. Mertz stated another reason
for not opening the alley to be that there would be increased vandalism in the unlighted
area He presented a picture of an apartment building to the Counr.il. He indicated
that the painting on the building had been done on the street side of the building and
he questioned what would happen on the private back side of the building if access
was increased. Mr. Mertz said the people of the area feel that if the alley is open
to vehicular traffic that the City Council will petition for the improvement of
the alley. He said he felt it would be dangerous to open the alley for traffic
and he asked that the alley not 6e improved at this time.
Mr Mertz made mention of the danger of one of the large type recreational v��hicles
traveling down the alley an d the possibility of it hitting a child. He stat.ed that
a vehicle would have to travel between two imaginary lines. Mr. Mertz asked that
the City Council in making their decision weigh the safety of the childrenof the
area against the concern to drive the recreational vehicles down the alley. He said
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PU;'LJC HEFlRIIJG M�f-TIflf.-' OF' AU6UST 11 , 1975 PAGE 3
the people he represents say that the children of the area are the prirrie interest.
Mayor Nee asked hut;, many parcels are involved. Mr. Mertz answered there are 15
parcels. He mentioned that 8 of the 15 are in favor of vacating the a71ey and this is
a simple majority. He said they are only talking about four parties in favor of
opening the alley.
Mayor Nee asked if anyone would like to speak in opposition to the vacation. �
Mrs. Hazel Paulson, 131 79th Way N. E., addressed the Council and said she had lived
in the area for fifte�n years and the alley had nEVer been ope� or closed. She
mentioned the only s'r,owmobiling is done by two o� the people tf�at are in favor of
the vacation. She also mention��( that no one owns a very large recreational vehicle.
Mrs. Paulson said if there are fences on the alley easement, it is impossible for the
people of the area to get into their back yards, they wout� have to be m�ved off the
easement by the s�x feet.
Mrs. Delores Pett, 176 Longfellow said whe �s opposed to the vacation of the alley. She
said their family owned a camper trailer. She said since the fences had been
constructed, they had no access to their back yards. Mrs. Pett also commented that aiT
ofthe children of the area play in the front yards, never in the back. She referred
to the statement concerning the area of the ap��rtment building and vandalism and said
there is a huge spot light that is ]it at all times,
Mr. Robert Welch, 144 Longfellow, said if everyone would fence in the back yard, the
children of the arc�a would _�r-� forced to use the railroad right of way for access.
He also mentioned i�e is planning on 6uild�ng a two car garage in the back of his
property which would require access from ±6�ealley easement. P�layor Nee asked Mr.
Welch �f he was to build this garage in the future, would there be any_way that he
could gain access from the front and Mr. Welch sa7d no.
Mr, Leonard Benser, 154 Longfellow, said he was sure that there would be some '
way that the people could gain access from the front. Mrs. Pett questioned how
th7s would be possible. She said she�aid taxes to the City and she did not want
to be deprived of the alley access to her back yard. She said she would not
appreciate having people drive over her yard and she questioned why �f there is
easement snould they be forced to vacate it and drive on the abutting property owners
yard.
Mr. Welch quest�oned if there should be a buffer zone between the residential and
the commercial or industru�l property in the area. He mentioned this would be
des�rable if ihey ever wanted to seil the properiy.
Mr. Mertz mentioned if it is inconvenient not to have access, the petitioners are
will�ng to be reasonab]e about the matter. He sunyested that the people using the
vehicles could give written notice indicating the exact time, access and provide
flagmen to watch out for chitdren. Ne said he felt they could come to some
satisfactorysolutiorathat everyone would ben�fit by.
P4rs. Welch addressed the Counci7 and indicated she bel�eved that the matter had
been blown out of proportion. Mrs. Welch said ihe recreational vehicles would be
driven thr�ough the alley two times per year and �arked in the back yards to be
stored for the winter months. Mrs. Welch repeated the concern that they planned
to build a double garage and would need the access. She also mentio��ed that the idea
of the permit system is questionable and she asked with change of ownership and
conditions, would they be able to obtain such a permit in a year's time. Mr. Mertz
said that this prov7sion could be included in a canvenant on the title of the
affected properties. Mr. Welch asked who would pay for such a recording. Mr. ��ertz
said the people who would benefit by the action.
Mayor Nee asked for an cp�m on from the City Attorney.
The City Attorney said he had furnished the Council with a memo about two weeks
ago on this particular quasiion of what riaht or authority that ihe City Council
has to vacate such an easement. He said the point of the memo wasprS��rr? there are
certain property owners that approve and some that oppose and this may devalue
their property by dem al, the City can be held responsib]e for this devaluation.
He said this is a form of reverse condemnation. He said there may be damage done
or the property value may be lessened. The City Attorney said in iooking at the
d�agram and list of people makin9 comments, ii', is a matter of opinion whether the
property value would be reducad. Ne said if the property is vacated, the people
may c]a�m that they have lost access which would make the property less usable
for a particular purpose. He said the peop'e of the area would pick up six feet
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PUBLIC HEARING MEETING OF AUGUST 11, 1975 PAGE ^
of additional property in the back which woul� enlarge the property. He said he
could not say if the property would be reduced in value or not. The City Attorney
satd the City Council should keep in nn nd that if the value is reduced, the City
might be obligated to make payment to the property owners.
Mr. Mertz said he had talked with the County Assessors Office and they had said that
the value of the property would be increased if the alley is vacated. He mentioned
� he thought the City Attorney was giving the �ouncil a very cautious opinion, but he
did not think that this problem existed in this area.
Mr. Welch said he did not want or need the additional six feet of property and did not
want to be forced JA pay the additional taxes on it.
Mayor Nee said what the City Attorney had said is that the property owners opposing
the vacation could sue the City for decreasing the value of the property. Mayor Nee
said the City has a number of statuses of alleys. He s�,tlif this is an improved
alley, it would involve City maintenance. He added, some people use the alleys unimproved
and some only have one half of an alley. He said there is a whole range of different
options. He said he did not think the City has ever vacated an alley th�± someone
is using. He said as far as a precedent, when people do not have a single mind on the
proposal, or if some people are using the alley, maybe �ne half of the alley could be
vacated or something could be worked out. He said he was bothered by parts of the dis-
cussion and mentioned that the status quo of the alley is that it is currently a
public thoroughfare. He said when this argument is mentioned, the current status is
that it is public riqht of way.
Mr. Benser said he had put up a fence in the alley about two years ago and to his
knowledge, he had never seen anyone drive through the alley
Councilman Breider asked Mrs. Pett if she had 6rought her travel tra�ler through
the alley and Mrs. Pett said no. She said this is not possible since the installation
� of the fences in the alley easement. She mentioned that they are not allowed to store
the recreational vehicles in the street and have to store them in their driveways Mr.
Pett said it is not permitted to store the vehicles in the front of the houses, they
should 6e stored in the back ofthe property. Councilman Dreider said they were not
taTking about the improvement of the alley. Mrs Pett saic� no, they did not want the
alley improved. Councilman Breider asked if Mr. Welch had driven hts vnhicle in the
alley. Mrs. Welch said it is not possible because of the installat�on of the
two fences on the alley easement.
Mr. Welch informed the Council that the petitioner had threatened that if the alley
is not vacated that the petitioners would petition for the improvement of the alley
which would involve paving, assessments, etc. Mr. Welch said those opposing the
vacation of the alley did not want it improved, they wani it left just as �t is
at the present time.
Mayor Nee asked Mr. Benser if this is what really had happened. Mr. Benser replied
that this would 6e better than having the area torn up from the vehicles being
towed back there. He asked who would maintain the alley. He sazd if the alley is to
be used, it would have to be improved.
Mrs. Pett asked how using the alley once per year wouid tear up the ,round. Mrs
Pett said there �s onlyi weeds in that area at the present time.
Mayor Nee asked the Public Works Director which properties were opposing the vacation
and which were favoring it. The Publtc Works Director potnted out the various
� properties on the block and listed the property owners and the�r op�nions on the
vacation. Mr. Mertz said he would protest any opini�n offered by the City on Lots
31 and 32 since he had checked the ownership of the parcels and they had been listed
in the County records as being the property of the State of Minnesota. The Publir_
Works Director satd according to the City records, Henry Muhich is the current property
owner of this parcel. SomE discusston followed concerning this parcel ind�cating the
property had recently chan9ed ownership and a house had been moved onto the parcel
The Public Works Director said the house is currently for sale. The Puulic Works
D�rector summed up the situation of the area saying there was no compromise availa6le
stnce the property owners favoring the opposing are scattereci through and on both
sides of the block. The Public Works Director said if the alley is �mproved, it would
be a dead end alley unless easements were acquireci from the property owners for a
turn around.
Councilman Fitzpatrick said the City Attorney had talked about the property values and
he questioned the assessment procedure. The City Attorney explained that the vacation
of the alley would be sort of a reverse condemnation by the City Council. He said
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PUBLIC HEARING MEETING OF AUGUST 17, 1975 PAGE 5
th� Lity would be sub�ect to suit for damages in the amount of the change in the value
of the property. Councilman Fitzpatrick said the value depends on the one who is
using the area. He added, some feel that it would be detrimental to vacate and some
feel it would be detrimental to not vacate it. He said it is go�ng to be very difficult
to arr�ve a conclusion on this type of matter. The City Attorney said this would
depend on what the Judge or �ury would determine.
The City Attorney said the Counsel for the petitioner has said that something could �
�he worked out to suit everyone. He said perhaps, all should sit down and work out
a private agreement whicfi would i�mit the access. He quesiioned if the two groups
could reach agreement.
Mr. Welch said two people want the additional six feet of property to put gardens
in the back yards and this would keep the remainder of the people from using the alley
easem�nt. He indicated that it would 6e a violation of the law in putting up the
fences on the alley easement. Mr. Mertz said the Planning Commission had granted
them an extended time to re�nove the fences. Mr. Mertz said the petitioner would
abide by any dec�sion that the City Courici7 makes.
Mayor Nee sa�d the City Council prefers to vacate alleys in the City. He said at
the public hearing if all were in favor of the vacation, it would he vacated. He
mentioned here, the Planning Comn�ssion had unanimously voted to deny the vacation.
He said this put the C�ty Council in a bad spot right ofFthe bat. He mentioned that
at the current meeting, it was only a public hearing meeting and the Council does
not take any action at the public hear�ng.
Councilwoman Kukowski asked Mr. Welch if he could get his tent tratler in the back
yard from the front. Mr. Welch said hewould like io build a double garage in
the back and this would limit his access if the alley were vacated.
Mayor Nee asked which lots had been fenced through the ,aasement and the Public
Works Director pointed them out on the map of the area. Mayor PJee said this is on
the Benser and Floer properiy. �
Councilman Breider asked if the issue was that the fences have to be removed before
access to the alley is obtainable and Mrs. Pett said yes. Councilman Breider
asked P1r. Floer how long he had had his fence in the easement. Mr. Floer said he
had the fence at the property line for years and had �ust recently moved 1t back
six feet. He said i�e thought there may also be some shrubs in the alley easement.
Mrs. Pett sa�d the shru6s he was referring to were on her property and this was not
in the alley easement.
Mayor Nee asked Mr. Mertz if it would be possible �o come to some compromise. Mr.
Mertz responded that if those opposing the va�ation of the alley appoint some
spokesman, he would be willing to talk to them.
Mr. Welch asked if this meant that they would have to hire an attorney to talk to
Mr. Mertz. Mayor Nee s�7d no. Mr. Welch said now the people with fences in the
easerrn nft are in violation of the law. Mr Welch continued to comment that he
had told them that they were in violation of the law when they in�talled the fenctng
on the easement Mr. Mertz �aid they were not inviolation s9nce the Planning Commission
had recommended an extension until October 1, 1975 for the removal of the fencing.
Mayor Nee said he woudl like to see some settlement ;n a neighborly way. He said
he had not talked to any of the other members of the Council to docermine how the
voie wouid be made. He suggested ihat an effort be made to reach some settlement
and the matter would come back to the Council the following Monday evening for a �
deci,�on. He said the City Coucn�l would like to know if there is any adjudication
on the matter.
Mr. Mertz said he would try to work out some agreement before the coming Monday
Mayor Nee saiu he would not want the Council to make a choice between neighbors.
He mentioned they all had frien�is on both sides of the issue.
MOTION by Councr7man Fitzpatrick to close the Public Hearing. Seconded by Council-
woman Kukowski. Upon a voice vote, all voting aye, Playor "'ee declared the motion
carried unanimously and the public hearing closed at 8:29 P,M.
PUBLIC HEARING REQUEST BY M. MCFARLAN� SAV #75-06, 98 64TH WAY N. E:
The Public Works Director pointed out the location of the Froperty in question and
explained that the Planning Corrmissio n had recommended approval of the request at
their meeting of June 25. The Public Works Director indicated that �t would be
PUBLIC HEARING MEETING OF AUGUST 11, 1975
PAGE 6
a'
necessary to include the stipulation that the drainage and utility easement be retained,
He mentioned that there wasr�o objection to the vacation and in fact any comments made
were in favor of ihe vacation.
Mr. �ames Langenfeld, 79 632 Way N. E., addressed the Council and explained that he
lived to the north of the property in question. He said he had tallced to the neigh-
6ors of the area and there was no objections with the possible exception of one person
� who was not present at the meeting He said the vacation of the easement would tie
in the area with uniform landscaping, etc. He mentioned that currently the area is
_ being used for the dumping of garbage and being,filled with trash. He felt the
vacation of the alley would enhance the area.
Councilman Fitzpatrick said no one had appeared aqa��n � the vacatian atthe Planning
Commission meeting or at theCity Council Public Hearing.
MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the nublic hearing closed at II:33 P.M.
OLD BUSINESS•
CONSIDERATION OF POLLING PLACE FOR WARD 3, PRECINCT 3, (FROM MEETING OF AUGUST 4, 1975)
Councilman Fitzpatrick said he felt the location suggested (Wesleyan Church, 5300
6th Street N. E.) was a 6etter location than Wickes. Councilman Fitzpatr�ck questioned
the changing of a Qolling place one month hefore an electton and asked if the voters
of the area would be notified. The Finance Director said he was currently not familiar
with the req��trements and this may be mandatory. Councilman Breider questioned how
many neople this would involve and the Finance Director indicated that this would 6e
about 1,000 people in this precinct. Mayor Nee estimated the cost for such a mailing
to be in the area of $100. Councilman Breider sa�d he felt the people should be
� notified. Councilman Fitzpatrick said the only pro6lem would be if only the registered
voters should be notified. He mentioned that it is now possible to register at the
polling place on election day. Councilman Fitzpatrick questioned if there had been
some determination made on whether the polling place can be located outside of the
precinct. The City Attorney answered it can be up to 50D feet out of the precinct.
Councilman Fitzpatrick said at the present time he could not come up with a better
solution than the one proposed. He said the pro6lem is ihat there is no public
btnlding in the precinct and this is a problem that had been faced all of the time.
He said since a better solution cannot be worked out for the present election, he
felt the Council should approve this location.
Councilman Starwalt questioned if the Church would be used for the prtmary and
another for the general election. The Finance ��rector mentioned that the election
would be kept at the same location for both elections.
Councilwoman Kukowski asked if it would be possible to send a letter of thanks to
Reserve Supply for the use of the facil�ties for the past elections. Mayor Nee
questioned if the City had paid for the space in the building of Reserve Supply.
The Finance Director said this was not a matter of payment, they had said they did
nr�t pay directly for the use of the facilities, they had �ust contrituted to the
,7anitorial costs to clean up the area after the elections
MOTION by Councilman Fitzpatrick to approve the location of the polling place for
Ward III, Precinct III at Wesleyan Church, 5300 6th Street N, E. Seconded by
' Councilwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the
motion carried unanimously.
� MOTION by Councilman Fitzpatrick to instruct the Administration to ma�l notice
of the new polling place to the residents of Ward 3, Precinct 3. Seconded by
Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
Mr Nick Garaffa asked if a letter of thanks could be sent to the Wesleyan Church
for approval of the use of their facilities.
Mayor Nee instructed the City Manager to write letters of thanks to Wesleyan Church
and also Reserve 5upply.
NEW BUSINESS:
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REGULAR COUNCIL MEETING OF AUGUST 11, 1975
PAGE 7
CONSIDERATION OF REQUEST FOR P40NIES FOR INSULATING FIVE HOMES IN FRIDLEY:
Mr. Raymond Cree9an, Anoka County Council of Economic Opportunity, addressed the
Council and expiained that the program had received some funding and would have to
have the r,ianpower supplied and this manpower would be provided by the County. He
expla�ned that the program would be conducted in five cities in the County ar,' he
asked that the City of Fridley contribute a share of $S50 for the program to ,r.
conducted. He said this amount would be put to the cost of the acquisition ef �
materials. Mr. Creegan said they were using the figure of $170 for cost of labor in
the average home and this woulr; consist of mostly repair work in winterizing. He
continued to explain that the cost of materials wiil range approximately in the area
of $120 and this would bring the cost for the average home to $290. The City Manager
questioned what the �850 fr�7m t'�e f.�ty be applied to. Mr. Creegan commented that
this would increase the chances of someone in the Ctty of Fr�dley receiving help.
The City Manager �sked if the C�ty of Fr�dley does not contribute, does this mean
that no one in the City of Fridley would receive this aid in insulation. Mr. Creegan
said no. He said this program would be run on a first come and first serve basis to the
senior citrzens and low income families. He explained the system where they would
like to insulate five homes in the City of Fridley.
Mayor Nee said his problem with the proposal is that the money would be contributed
from tax dollars and the program would not be helping everyone in the City. Mr.
Creegan said he had also thought of this question and answered that this program
was recormiended for use of the senior citizens and if no one would apply for the
program, the money would be turned 6ack to the City.
The City Attorney �uestioned if any opinion had been sought from the Attorney General
concerning the use of tax money on th�s basis. Mr. Creegan said he had not talked
to the Attorney General. The City Attorney questioned if it would be possible to use
tax money to make private improvements on private property. The City Attorney mentioned
that if anyone in the future would want private improvements, the City Council would
have a hard time drawing the line.
Councilman F�tzpatr�ck asked if there were matching funds tnvolved and Mr. Creegan ,
sa�d no. Councilman Fitzpatrick expressed the view that the matter should be
checked into to determine if this would be a legal operation,
Counciiman Breider auestioned the letter received by Mr. Creegan and asked if
contribut�ons would be requested as ment7oned �n the letter. Mr. Creegan explained
that the senior citizens would 6e able to pay partially or fully the costs for such
work.
Councilman areider asked how the mean would be established or criteria for those
who are e1igible. Mr. Creegan said the program would be establ�shed by economic
means and the low income senior citizen would be involved.
Councilman Starwalt question4d the possibil��ty of some type of awareness program
and said th�s may be more worthwhi�e than the propr,ed program in the long range.
Mr. Creegan said he w�shed he cnuld do both kinds of programing.
Councilman Starf�alt asked how the program would be publicized to allow th� oeop]e
to know it is available. Mr. Creegan said there has not been any notification to
th�s time, but he would be putting noticein the various newspapers in the County.
Councilwoman Kukowski asked how the $170 figure was arrived at. She said that her
home had recently been insulated and she did not feel that this would rover the
cost of the insulation of the attic. Mr. Creegan said the program would only cover ,
minor repair work.
Mayor Nee again mentioned he woui�l have some problem in approvin9 tax money for
home improvements Mr. Creegan said he would contact the Attorney General on this
question.
Councilwoman Kukowski asked if an energy seminar would be more valuable at this time.
Mr. Creegan ;aid at the present time, he did not have any information to provide the
Council on th�s type of program
Mr Creegan suggested that the Council not make a decision on the proposai until the
coming week's meeting and he would contact the !�t'�rney General.
MOTION by Council��roman Kukowski to table the consieieration of the request for the
insulation of five homes in the City of Fridley until August 18, 1975. Seconded
by Councilman Bre�der. Upon a voice vote, all voting aye, �1ayor Nee declared the
motion carried unanimously.
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PUBLIC HEARING MEETING OF AUGUST 11, 1975
CONSI�ERATION OF A PRIMARY FLFCTIdN:
PAGE 8
Mayor Nee mentioned that he had talked to Mr. Thiele and he had said he would with-
draw from the elect�on in the first Ward.
The City Attorney said the Council had received a letter on this matter and he had
dziermined according to Minnesota State Statutes 205 03, Su6division 2, it would not
� be possihle for him to withdraw at this time. He read the sect�on and explair,ed that
the period of withdrawal has passed.
MOTION by Councilwoman Kukowski to approve the primary election in Ward III for September,
9, 1975. Seconded hy Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Breider to approve the primary election in �!ard I. Seconded 6y
Councilman 5tarwalt. �pon a voice vote, Councilrian Ereider votrne aye, Councilman
Starwalt voting aye, Councilman Fitzpatrick abstaim na, Playor Nee voting nay, and Council-
woman Kukowski voting nay, Mayor Nee declared the MOTION FAILED.
RECEIVING AFFIRMATIVE ACTION POLICY FOR CITY OF FRIDLFY:
The City Manager said he would like the Council to receive and review the policy before
it is sent to the State.
Councilman Starwalt asked if the draft included the suggestions made by the State. The
City Manager explained that there were some changes which had been theil� suggestions and
some additions from the staff.
Mayor Nee said he was impressed with the program and he may not be specifically sensative
to it.
� Councilman Breider referred the Council's attention to the sect�on on Grievance Procedure
and said he was not sure that the City Council wants to be the review 6oard in the
Affirmative Action Program. He said it could come to the point that every�ne in the
office that did not like the procedure could be coming to the City Council and this
should be taken care of by the City Manager. He said with the proposal, if the
employee does not agree with the City �anager, they could come to the Counc�l.
The City Manager explained that this was not included in the pro9ram �efore, i� had
been added so the Council would be able to be involved in the proaram if they so desired.
F� said there is not any strong feel�na about this from the Administra±ive standpoint.
He said th$ type of matter could be reviewed by the Administration and if further action
is sought, this could be done through the State Human Riqhts Agency.
Councilman Breider said it is his feeling that th�s type of matter should be handled
like union matters are handled with a professional negotiator or mediator. He said if
there is a grievance, it should be �udged by an outside force.
The City Manager said if this portion of the program is not liked by the Council, it
coul� be deleted.
Councilman Bre�der said he had some comments about the selection of the Affirmative
Action Officer. He asked for a defin�tion of the appo�ntment of the Purchas�ng Agent
to the position of Affirmative Action Officer. Ihe City Manager said there were three
reasons for th�s decision. The City h4anager explained that the C7ty Manager would
administer the Affirmative Action on behalf of the City The City Manager further
' explained that presently all of this type of work falls under the duties of the City
Manager. He said the Purchasing Agent is a man who is involved in all different
departments and serves all the differant departments and he is also involved in
obtaining quotes for equipment for the City. FI� explained that tn the Affirmative
Action Proqram, the City encourages those it deals with to a7so have an Affi�°mative
�action Program. He said the Purchasing Agent deals with all of the venders and
contractors and has been quite reasonable in this area. T�e City Manager said if there
is a need, he or the Administrative Assistant would get involved in the process. He
suggested that �nitially, the City appoint the Purchasing Agent the Affirmative Action
Officer. The City Manager felt that they should try the program in this manner and
added, he felt it could work out with the aid of the City Manager and Admimstrative
Assistant. The City Manager further explained that the Purchas�ng Agend 'nas had extensive
experience in the personnel field along with the purchasing and he aaain said this should
be tried because of the Purchasing Agent's expet°ience and training. The City Manager said
he hoped to use the City staff to their fullest potential and this is why he had
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Pil°LIC HEA,RiNG MEETIMG OF AUGUST 11, 1975
PAGE 9
suggested that the Purchasing Agent along with the Administrative Assistant work on
the program.
Councilman Breider asked about the Purchasing Agents 6ackground and education. The
City Manager sa�d his job training is through experience rather than through educational
background. The City Manager explained that the Purchasing Agent had about 20 years
experience tn purchasing and personnel offices. He said he had worked for a private
company and did the personnel work there.
The City Manager satd the point is really not eritical, if he can't handle the program,
it can be given to someone else.
Councilman Breider said hF had assumed that the Administrative Assistant would be in charge
of the program. He said he felt the Administrative Assistant would 6e more qualified
and this would give the City more protection. Hesatsithrough the Administrative Assistant
all departments would be involved. He asked who would do the evaluating.
Mayor Nee asked who is taking care of such duties at the present time. The City
Manager said there are guidelines that will be followed by all departments. He said the
employee evaluation would still be done by theindividual's supervisor.
The City Manager sa�d he was concerned �bout the vendors. Councilman Breider said he
did not feel the vendor thing is a valid expression of the logic being used. Council-
man Breider said the City could see how it goes and if anything goes wrong, the City
will change this. He said by the time that something goes wronq, it may be too late and
the City will have problems with the human Rights Commission
The City Manager said he felt the Purchasing Agent has training in additional areas
than for the work that he is doing. He stressed, he would like to use the staff to
the fullest range of their potential. He felt they should not go in to the program
tirithout a positive attitude. The City Manager said he would be reviewing the Purchasing
Agent's work on an Administrative level. He said he would l�ke to see the City do the ,
best possible ,7ob with the resources given to them. The City Manager mentioned that
in the remark that the City had received back from the State on the Program, it is
one of tlie best they had ever seen drawn up.
Councilman Breider �tat�d the Program as laid out was a fine �ob. He said he is
more concerned about the imp�ementation of it. He said he is not sure what the
Administrative Assistant is being paid for. He said he thought a little bread and
butter would be designated to this role rather than handling what "just comes up".
He said he felt having someone with a Masters degree should be given the chai�ce to do
this kind of program.
The City Manager said he would like to use everyone's talents to the fullest. He said
he did not want the Administrative Assistant to be doing day by day forms and report filing_
He said he would like to use her talent where it is most h�l�ful and her basic resp-
onsibility is to the City Manager.
Counciiman Breider said he felt the program could be implemented by the Administrative
Assistant <.nd ±he City Manaqer coordinatin9 the program. He said he felt the Administra-
ti'ie A�rs�st.:r�t�ti�sr�re knowledge to deal with the Department Heads than the Purchasing
Agent has gained experience through buying partsfor the City.
The City P1anager said all he is trying to say is that the Administrative Assistant
has talents and he would like to use her in these arr�as where she is most suited and
not have her bogged down with day to day work Nesaid there are about seven d�fferent
forms that have to be filled out under this program. He said if there is a specific '
problem, the Purchasing Agent can rely on her resources. The City Manager said the
Purchasing Agent can consult with the Admim stra��ve Assistant or the City Manager.
Councilman Breider again mentioned he thought that the Administrat�ve Assista+F;t_�k��'uld
be the Officer with the Purchasing Agent her assistant. He said the City Manager's
Office has two secretari�s and he sa�d he thought they would be very capab]e �n fil7ing
out the forms.
Councilman Starwalt said he understood wliat was being said and he agreed to this in most
cases. Hesaid he accepted the City Manager's opinion and ,7udgement and assumed it
was the 6est.
Councilman Starwalt said he would like to ask the question in another way and said if
Mr. Peter Herlofsky was still the Administrative Assistant, would the program be
run in the same manner.
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PUBLIC HEF�RIrJG MEETING OF AUGUST 11, 1975 PAGE ��
Mayor Nee said what is currently being dtscussed is the basic documentation of the
program, not the memo from the City Manager concerning the implementation.
Mayor Nee said it seemed that the City Manaqer d�d not want to tie up his Admintstrative
Assistant on this kind of thing.
� Mayor Nee asked if Mr. Peter Herlofsky were still with the City, who wou7d be assigned
the Off�cer. The City Manager said if he was here, he would have made the same decision
He said the City has many very qualified people. He menttoned if the City Manager's
Office took on such duties, they would be another operating department and he dou6ted
if this was the Council's desire.
Councilman Starwalt asked if the Purchasing Agent that the City currently employed was
not employed 6y the City who would be apointed. The City Manager explained that he
would try to find someone with purchasing and personnel experience. He mentioned there
are many people available that would meet this kind of need and criteria.
Councilman Starwalt said he did not feel the Courcil was ir a position to say the
Purchasing Agent will be in his position forever
Councilman Breider asked Mr. Nick Garaffa if he had ever expertenced tPiis type of
situation at Univac. Mr. Garaffa said this would always be two separate deparments.
Mr. Scott said these two things would be separate in all businesses and cities of
some size. Mr. Garaffa asked how much time the Purchasing Agent would have to spend
on the Program. He asked if he had the time available. Mr. Garaffa said he frankly
did not think the Purchasin9 Agent could do the two ,7obs. Councilman Breider said
he felt the two ,7obs were very much separate. He said he may be good at buy�ng parts,
but questioned if he would be good at the other• program.
The City Manager said the Affi rmative Action Officer would not do 1D0% of the work,
� there are three people involved. He said if the City Council wr�nted to r_hange the
names this could be done, but the work would not change. He recalled when they
were in the process of hiring the Administrative Assistant they had discussed that
the person in the position would not get into the supervisory role of the existing
departments.
Councilman Breider sa�d he was not sure that this was going to work I-le asked the
City Manager who the Purchasing Agent reports to and the City Manager said to the
City Manager.
MOTION by Councilman Starwalt to recetve the Affirmative Action Program. Seconded
by Councilwoman Kukowski. Upon a voice vo1,e, all voting aye, Mayor Nee declared
the motion carried unanimously.
Mr. Bill Scott said the Human Resources Commission would have som�opinion about the
Program. He said their role in tPiis type of review is not clear. He said they were
currently looking for same guidelines from the City Council on how they should get
involved. He mentioned the members of the Commission had mentioned that they had not
presented as much input as they would have liked to have on the Affirmative Action
Program. He said the Comm ssion had not been a�ked to review the plan, but a copy of
the Proposal had fallen into their hands Mr. Scott said the proposal doesccm,,ly �Nith
the letter of the law, but some improvements could be made in the program itselt. He
said after he had discussed the proposal with the City Manager, he fe1t that at this
time the proposal should be put through. He said the Commission would not want to
attempt to delay the document. Mr. Scott said it is well written, even if it �ust
� complies with the law Mr. Scott said the least experienced person in the Human Rights
Department had reviewed the Program. He again asked for some guildelines from the City
Council.
Mr Scott addressed the questton of the apointment of the Officer an�i sai� he thought
the Officer shou1d be at the highest possible l�vel and thts will keep the management
in turte.
Mayor Nee asked Mr. Scott if he would like the program referred to his Commission. Mr.
Scott said the Commission is prepared to review it, but they do not want to hold it
up any longer than it has been delayed at the present t7me. He said they were looking
for some direction from the Council. Mayor Nee said Mr. Scott had mentioned that the
spirit of the Program was lacking and he asked �f the Commission could put it there.
Mr. Scott said he felt it could be included. He mentioned the language to be in
compliance with the law only and some programs say the operation would not do bus�ness
with a person at all if they do not have a program. lie said there is no mention of
dtfferent life styles such as the homosexual He questioned tvhat if this type of
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PUBLIC HEARING MEETING OF AUGUST 11, 1975 PAGE �7
s�tuation confronted the City, would it open a pandora's box. He sa�d the Commission
review would delay the adopt�on of the program.
Mayor Nee asked if the State�,��,�aleicomment on this type of deficiency. Mr. Scott said
the�r comment w�ll 6e in comp>>ance with the program. The City f�lanager said the
document is getting close to a final draft and hopeful���. they will approve it.
Council;�oman Kukowski asked if the proposal could be sent ±o both the State and the
Human Resources Commission. The City Manager said after it is adopted by the State �
it would be very difficult to change.
Mr. Scott again asked for d�r�ction and said how would the Counc�l like the Commission
to act on matters. Councilman Breider said he feit the Human Resources Commission wouid
be a good group to review the pr�gram, Mayor Nee said there is a conflict in the City
Charter which states that the Commission z�lvises the City Council, not the Administration.
Councilman Breider sa�d the Commission could review the goais and see if they are good
goals. Councilman Fitzpatrick asked Mr. Scott if he would l�ke the Program to progress?
Mr. Scott said there has a]ready been a great deal of procrastination. He said the City
does not have any type of pro9ram, Mr. Scott said thf_ Commission could live with the
current proposal. He again mentioned that the Cormnission is prepared to comment. He
said the pEO�.le from the old group of the Human Relations Committee said they did not
get a chance to comnent and the new members had not time to gain a thorought under-
standin9 of the matter.
Councilman Starwalt ment�oned some compromise could be reached in that the Program
could `�e sent to the State and copies to the Cammission for review and amenoments for
the coming year.
Mr. Scott mentioned that some Commission members had received calls from City employees.
He said they were not trying to infringe on management and they did not want to hold
up the adoption of the Program. He said they would iike to define some items. He
said all of the secretaries in the City employment are female, there are no males.
He mentioned many men are trained in service to do clerical work. He also mentioned
there are no female police officers and questioned why all of the employees are in �
traditional roles. He said the Commission would like to get into the process; they
feel 7eft out. Mr. Scott sa�d no on e represenCed the employees. He said since the
recent seminars, the Commission has come to know the people from the State and also
the people from the City and they would like some guidance on their rotes for the
future.
Mr. Garaffa said he believed they should be careful �o not over analyze the program.
He said the proposal meets the spirit of the law and the program is ��ast getting
started. He felt if more sections are added without really understand�ng wh2t iL;�
issues are, the Commission could bog down the effectiveness of the Program. He said
he thought they were putting the horse before the cart and the adoption of the
Affirmative Action Program would say the City is moving forward, Mr. Garaffa ,aid
he felt the cr�teria to get a program initiated rather t"�an hold it up any longer.
Mr. Scott said this is the sense of the Commission right now.
"•�ayor Nee said the C�ty Counc;l is prohibited from dabbling in personnel matters by the
City Charter.
Mayor Nee said he was very impressed by the Program. He mentioned maybe he is not
very discerning.
Mayor Nee said the matter would come back to the Council the following week for
consideration of the resolution of adoption so it can be sen� to the State.
NO_ 165-19)5 _ �IRECTING THE PREPARATIOfi OF ASSESSMENT R01_L FOR SANITARY
L__I
The Public Works Director explained the improvement and the area to be in Old Central
to relieve the Innsbruck North Townhouse and apartment area. Mayor fJee asked if th,e
whole area would be assessed. The Pu61ic Works Director explained that the developer
will pay one half and the other costs will come from the utility fund. Mayor Nee
said when the people come in to the Public Hearing, the Council w�ll tell them that
�t does not cost them anything. The City �"anager said this would depend on what type
of agreement they have with the develooer.
Councilman Breider asked who the bill would be sent to and the City Manager said tU
the Froperty oadner.
MOTION by Councilman Breider to adopt Resolution No. 165-1975. Seconded by Councilwnr�an
Kukowski. Upon a voice vote, a11 voting aye, Mayor PJee decTared the motion carried
unanimously.
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PUBLIC HEARING MEETING OF AUGUST 11, 1975
PAGE 12
166-1975 - DIRECTING THE PUP,LICFliION OF HEARING fVOTICE ON PROPOSED
MOTION by Councilman Starwalt to adopt Resolutton No 166-1975. Seconded by Council-
woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RESOLUTION N0. 167-1975 - DIRECTING PREPARATION OF FINAL ASSESSMENT ROLL FOR IMPROVEMENT
PRO�ECT 1975 SERVICE CONNECTIONS:
MOTIDN by Councilman Breider to adopt Resolution No. 167-1975. Seconded by Council-
woman Kukowski. Upon a voice vote, all votiny aye, Mayor �dee declared the motion
carried una m mously.
RESOLUTION N0. 168-1975 - DIRECTING THE PUBLICATION OF HEARING ON PROPOSED ASSESSPIENT
MOTION 6y Councilman Fitzpatrick to adopt Resolution No. 168-1975. Seconded by Council-
man Breider. Upona voice vote, all voting aye, Mayor Nee declared the �notion carried
unaii�mously.
RES�LUTION N0. 169-1975 - CONFIRMING ASSESSMENT FQR WATER SFlNITARY SEWER AND �T�RM
SEWER IMPROVEMENT PROJECT N0. 116:
MOTION by Councilman Starwalt to adopt Resolution No. 169-1975. Seconded by Council-
tivoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
CONSIDERATION CONCERNING PROJECT #114 AND A. J. CHROMY CONSTRUCTION COMPANY
TheCity Manager explained that the contractor is reluctant to complete the improvements
for the pro,7ect.
MOTION by Councilman Breider to authorize the Admtnistration to negotiate with other
contractors to complete the work on Pro,7ect #114. Seconded by founcil;aoman Kukowskt.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously.
A�JOURNMENT:
MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and
the Public Hearing Meeting of the Fridley City Council of August 11, 1975 adjourned
at 10:18 P.M.
��rX �J �C
Pat Ranstrom
Secretary to the City Council
Date Adopted �- �'-�S
William J. Nee
Mayor