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07/26/1976 - 5715JANET KONZAK ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JULY 26, 1976 e I�, �' , � THE MINUTES OF THE R,EGULAR MEETING OF THE FRTDLEY CITY COUNCIL OF JULY 26, i976 ' ' � � � � ' ' � ' � '� . � � � � �� , � 109 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 26, 1976 The regular meeting of the Fridley City Council of July 26, 1976 was called to ; order by Mayor Nee at 7:�0 p.m. PLEDGE OF ALLEGIANCE: Mayor P�ee welcomed the audience and invited them to join with the Council in saying the Pledge of Allegiance to the Flag. � ROLL CALL: MEMBERS PRESENT: Councilman Starwalt, Counciiman Hamernik, Councilman Fitzpatrick Mayor Alee and Councilwoman Kukowski. MEMBERS ABSENT: None PROCLAMATION: , i , RECYCLING FOR MUSCl1LAR DYSTROPHY ASSOCIATION WEEK, AUGlJST 2, 1976 THROUGH AUGUST 8, 1976: Mayor Nee read the proposed Proclamation aloud to the City Council and audience. MOTION by Councilman Namernik to adopt the Proclamation, naminq August 2, 1976 through August 8, 1976 as "Muscular Dystrophy Association keek." Seconded hy Councilwoman Kukowsk�. Upon a voice vote, all vating aye, Mayor Nee declared the motion carried ; ` ,unanimously. � APPROVAL OF MINUTES: REGULAR MEETING, JULY 12, 1976: . ' MOTION by Councilwoman Kukowski to adopt the minutes of the Regular Meeting of the Fridley City Council of July 12, 197E as submitted. Seconded by Councilman Fitzpatrick. � Upon a voice vot�, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: ! MOTION by Councilman Starwalt to adopt the agenda as submitted. 5econded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM, VISITORS: � .Mayor Nee asked if there was anyone present who wished to address the Counci] and there was no response from the audience. ! OLD BUSINESS: ORDIPdANCE N0. 617 - FOR VACATION REQUEST, STREET AND ALLEY VACATION SAV #,76-03, BY ROBERT SCHROER; GENERALLY LOCATED AT 7�00 UNIVERSI7Y AVENUE N.E.: ` Mayor Nee stated that there was a hearing on the first readinp last Monday evening, '-Ju7��]9., 1976, and it wou]�d..�.i+�,order to take the second reading now. . � MOTION by Councilman Hamernik to waive the reading of Ordinance No. 617, adopt it on the second reading, and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. r.......:.::.... _. . .... . . . r ....:.�.n.r c �� , � � � i ; � -�I I�� REGULAR COUNCIL MEETING OF JULY 26, 1976 PAGE 2 ORDINANCE N0. 618 - AMENDING CHAPTER 508 OF THE CITY CODE Of THE CITY OF FRIOLEY RELATINC. TO PARKS AND PARKWAYS: • Mayor Nee stated that th�s was in regard to the establishment of jurisdiction over County parks and parkways. MOTION by Councilman Fitzpatrick to waive the readinc� and adop± Ordinance No. 618 on second reading, and publish. Seconded by Gouncilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 619 - TO AMEND CNAPTER 11 OF THE CITY OF FRIDLEY CODE REGARDING SERVIC[ STA7IONS: Mayor Nee stated that this changes Lhe fee charqe for retail gasoline sales from $30.00 to $60.00. � i MOTION by Councilman Starwalt to waive the reading of Ordinance No. 619 , adopt it on � second reading, and publish. Seconded by Councilwoman Kukov,�ski. Mr. Marvin Brunsell, Finance Director, then stated that he would like to suqgest that the second reading of Ordinance No. 619 be amended to add, "private gasoline pumps ' $20.00 per location." Ne said that at the present time, this was something that was not licensed. • Mayor Nee asked Mr. Virgil Herrick, the City Attorney, if this would be appropriate. Mr. Herrick stated that it would be. i - ' ; Councilman Fitzpatrick asked if the City inspected them. Mr. Brunsell responded that they are inspected but not to the extent that the service stations are. . Council'man Fitzpatrick stated that this is a proposal that they be licensed and they are not licensed now. MOTION by Councilman Fitzpatrick to amend the MOTION to include private gasoline pumos at a fee of $20.00 per location. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the amendment carried unanimously. The vote upon the amended MOTION was a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVING PEDESTRIAN SAFETY CITATION AWARD:� Mayor Nee shawed the award plaque-recei•aed from the Automobile Club of Minneapolis to the audience and stated that the City was awarded the placue for an excellent record in the field of pedestrian safety. He said it is the result of sonie really outstanding �work by the Police Department and others in the City that are concerned with Public ; Safety. ; MOTION by Councilman Starwalt to receive the plaque. Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FIRST READING OF AN ORDINANCE AP1ENDING iHE ZONII3G CODE, CHAPTER 205.101 WHICH WOULD Mayor Nee stated that this was disci�ssed at the public hearing meeting and he did not think further discussion was necessary. Mr. Nasim M. Qureshi, the City Manager, stated that basically this would allow this use in the same zoning which is C-2 and C-2S except with a special use permit. Mayor Nee stated that the problem which brought this before the City Council was the issuance of beer licenses in an area where there was some objection. MOTION by Councilman Fitzpatrick to waive the reading and a�opt the ordinance upon the first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting.aye, Mayor Nee declared the motion carried unanimously. . ?' � � ; � � � � � � � _..� _ ... �� i�� . ,� ,' � t. �� REGULAR COUNCIL MEETING OF JULY 26, 1976 RECEIVING THE MINUTES OF 7NE PLANNING COMMISSION MEETING OF JULY 14, 1976: Y. KLUCSAR, SPECIAL USE PERMIT SP#76-10; 1337 HILLCREST DRIVE, N.E.: .�� , � PAGE 3 , . � � Mr. Richard Sobiech, the P.ublic Works Director, proceeded to explain the Klucsar request for a special use_permit which would allow the construction of a second accessory building in excess of 240 square feet at the petitioner's home residence. Mr. Sobiech stated that Mr. Klucsar was present. Mr. Sobiech further stated that the public hearing was held by.the Planning Commission on July 14, 1976, and a motion was passed recommending approval, however, there were two stipulations. In dic_cussion with Mr. Klucsar, his intentions are to utilize the second accessory building for storage purposes and to place such structure in the northwest corner of the property. Councilman Starwalt stated that he had reviewed the property and felt that a survey of the property would be in order and that Mr. Klucsar is aware of that. MOTION by Councilman Starwalt to approve the request for a special use permit as recommended by the.Planning Commission with the added stipulation that a suitable • survey be taken. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : I �� , � � � K. MESROBIAM, VACATIQN REQUEST, SAV #76-04; ALLEY BETWEED! LIBERTY AND ELY: Mr. Richard Sobiech, the Public Works Director stated that there was a great amount of discussion concerning this as indicated in the Plannina Commission minutes, and -un�ess there is a desire-.to-go��into the matter now, the request ,� for a public ', hearing. He stated that the date of August 9th is an error; it would have to be September 20th in order to meet the requirements for a public notice and that the petitioner has been so advised. MOTION by Councilman Fitzpatick to set a public hearing for September 20, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr=i�ed-•unanimously. HUP1AN RESOURCES COMMISSION-MEETING OF JULY l, i976: 1977 BUDGET REQUESTS: Mayor Nee stated that the Planning Commission did not concur with the recommendation of the Human Resources Commission regarding the budget disbursement of 510,000. Mr.Sobiech, the Public Works Director, said that any time minutes come from the Planning Commission with a statement that specifically says, "recommend to Council", it is brought to the City Council's attention. Mr. Nasim Qureshi, the City Manager, stated that Nancy Lambert, who is on the Human Resources Commission, would like to discuss the matter further. Nancy Lambert then discussed the fact that there is an error in the minutes of which she was unaware. She further stated that the Human Resources Commission merely used the $10,000 figure as a simple divider. The Human Resources Commission complied with a request from the Staff that request for funding be reviewed so that priorities could be-listed in accordance to the receivinq of the funds, and that was what they tried to do. Ms. Lambert stated that she discussed the Planning Commission's decision with Mrs. Shea, who was absent from the Commission's meeting, and they both feit that they were requested by the Staff to make recommendations for budget money priorities and now, the Planning Commission disagrees with this. • ... ._ . ...._- -, Mayor Nee asked Ms. Lambert i:f she was aware that the City Council took the youth ,... ..center into the recreaiion,area. She replied that she was not. She then asked if all requests from Senior Citizens are to be deleqated under a Parks and Recreations need. She stated that some funds should be designated for human development and ecology. . _.. . . . , i � � i 0 i i � i I � r '��`' � ' 11 `G REGULAR COUNCIL MEFTING OF JULY 26, 1976 PAGE 4 � i Councilman Fitzpatrick then questioned if the 20� which was recommended for social services would go to the horth Suburban Family Service Center. Ms. Lambert ' said that 20% of the budget should go to social services, and it was to be decided later which agency was to be the.recipient of the 20%. Ms. Lambert further made reference to the Coon Rapids Nucleus Clinic whereby there 4ras a duplication of services. For example, several alcoholic anonymous type programs which are being given elsewhere. Mr. Qureshi, the City Manager, stated that the City's desire was to get some input from the Human Resources Commission te review some of the hunian concerns ; and the money allocation be priortized. P1s. Lainbert stated that the Human Resources Commission should have a budget as the other commissions have a budget and when they receive a request for funding> they should not have to go to the City Council continnency fund since the 1'arks and Recreations and other commissions do not have to do this. The City Manager stated that there is a budget for the Human Resources Commission for its advisory activity studies and for• all commissions and that no commission has an operating.budget. The budget is contro1led by the City Council. Mayor Nee then cominented that the Human Resources was a new commission, and the � Parks and Recreation Commission had made recommendation for Parks and Re�reation services. The services req�rested are actually funded in the City budget and the process started the year b�fore; therefore, the reason that the Human Resources Cormiission had to ask for money out of the contingency this past ; year was that no budget process was established. However, for the coming year, a budget process will be established. Mayor Nee said the Parks and Recreation Corrmission makes their budget recommendations to ^1r. Quresfii, the City Manager, and he sorts out his findings. Councilman Starwalt asked Ms. Lambert if she had seen the minutes and she responded that she had not as she never received a draft of the minutes. He further stated that she needed to have an administrative budget and that in his opinion, should not have a project-operatinr, budget which you could expend at ' .. your own discretion. He stated no commission has that. Councilman Starwalt mentioned that the $10,000 figure would be striken and Ms. Lambert agreed. MOTIOPd by Councilman Starwalt to receive the minutes of the Planning Commission meeting of July 14, '1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting , aye, Mayor Nee declared the motion carried unanimously. ' RECEIVING THE MINUTES OF THE CABLE TELEVISION MEETING OF JULY 7, 1976: • MOTION by Councilman Hamernik to receive the minutes. Seconded by Councilwoman Kukowski. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; CONSIDERA7ION OF A REQUEST FROP4 MINNESOTA HISTORICAL SOCIETY FOR FUNDS TO PERFORM � FIELD CHECK fOR NISTORIC OR PREHISTORIC ARCHAEOLOGICAL STRUCTURES IN NORTH PARK: ' Mr. Qureshi, the City Manager, said thai this field check is a requirement in areas where there is a potential for archaeological finds. P1r. Qureshi stated that we have received a�534.00 figure which is the appt�oximate cost of the first phase of the survey ' for this project and the City Council should decide whether or not this money should be spent. The City of Fridley is attemptinq to find out if the survey cost could be used as a part of the City's share of matching gi°ants from the Department of Naturai ; Resources. Councilman Starwalt asked if there was anyone in the audience to discuss this. He further stated that he would•like tc, se� someone do the preliminary survey per gratis from the foundation and thereby saving the foundation this expenditure. r� �" , � � � �'•"� �� . � � . _ � i � ,I�' , (� il� REGULAR COUNCIL MEETING OF JULY 26, 1976 PA6E 5 �� Mr. Vern Moen, 7154 N.E. Riverview Terrace, stated that the surface of the ground would be disturbed very little and the preliminary plans for phase one merely is surfacing a parking lot and a drive-in and that the natural pathways that are already there will be used. He further stated that the Minnesota Nistorical Society will have to have their specifications met in any event, either someone of bur choosing or someone they '� may specify. This being very valid. Councilman Starwalt stated that perhaps these specifications cou7d be met by someone on the board or someone who has shown interest in the foundation. Mayor Nee stated that we would have to find out if they would permit someone else to do it. Councilman Stanvalt suggested that perhaps this matter could be brought back to the City Council for consideration. Mayor Nee stated they wanted to get started on this. Mr. Moen stated that a board meeting was scheduled for 7:00 p.m. tomorrow, July 27th; and if there is any input at that time, they �vould be glad to discuss it. He further stated that they want to get going as soon as possible. t40TI0N by Councilman Starwalt to enter into a contract fur Phase-1 preliminary field check for historic and prehistoric archaeological sites at North Park contingent on tF�e finding by the administration that the use of the P9innesota Historical Society or any such agency as the suppiier is the only lawful alternative. Seconded by.Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanirnous]y: CONSIDERATION OF A REQUEST FOR A.FOUR-WAY STOP SIGN AT GARDENA AND STINSON BLVD.: Mr. Sob�ech, the Public Works Director; stated that a petition was i2ceived from residents ,�oth irr New Brighton and Fridley regarding the installation of a four-way stop sign at the intersection of Stinson 8oulevard and Gardena Avenue. Soth the Councils of , Fridley and New 8righton have received petitions and the City of Frid]ey in cooperation ; Nrith the City of New Brighton have made an analysis of the intersection. The Fridley Po7ice Department was requested to initiate a speed study of existing traffic flow. The highest speed in the area was thirty miles per hour. 7he speed limit is thirty miles per hour. The majority of the vehicles traveled thirty or less miles per hour. There were no specific accidents at the designated intersection. As reported by the Fridley Engineering Department, traffic is greater on t6th Avenue in New 8righton thar� on Gardena Avenue in Fridley. Mr. Sobiech further�commented that the Engineering Oepar�ment would request that New Briqhton install a stop sign on the southeast quadrant of the intersection. He stated that the City Council had received a report � from the New Brighton Engineering Department consistinq of the same information. Therefore, Mr. Sobiech concluded that the recommendation of the staff was that a ' four-way stop sign not be installed and that the request be made to the City of New Brighton for the installation of a stop sign in the southeast quadrant of the intersection. Councilman Starwalt stated that he agreed with the study and felt a stop sign would normalize the situation. Mayor Nee asked if the vehicle used in the radar speed study was a marked or uninarked squad car. Mr. Sobiech responded that it was a marked patrol car with a new system of radar which has a range of a quarter of a mile. Mayor Pdee asked if there was anyone in the aud9ence to discuss this. There was no ; response. � MOTION by Councilman Starwalt to concur with the recommendation of the Cifiy Engineer with reference to traffic control devices at the intersection of Stinson Boulevard and 6ardena Avenue. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting . aye, Mayor Nee declared the motion carried unanimously. �� O � l_14 PAGE 6 REGULAR COUNCIL MEETING OF JULY 26, 1976 STATUS OF PAYMENT FOR HAYES RIVER LOTS R[GARDING ISLANDS OF PEACE: Mayor Nee discussed the status of the payments due on the Hayes River Lots. He then asked if Mr. Jim Langelfeld, 79 - 63z Way PJ.E., was here as Treasurer and he replied that he was. Mayor iVee stated that the documerts report 519,360 due on August 20, 197E� and $10>240 due on Au�ust 20, 1977> which appears to be the principal balance. Mr. Ed Wilmes, 6350 Riverview Terrace, said that they had met with the owners of the Lots (Mr. Bob Minder and Mr. Peter Lametti) regarding paytnent. Mayor Nee asked Mr. Lanqenfeld what the status was of iheir ability to �ay the $3,360 interest payment or the City's willinqness to pay it. Mr. Langenfeld stated that this could be very easily met and that this could be used as part of a donation and tvith the fund tlrive, additional monies will be forthcominy. He further stated that there has been a changeover in the VFW and American Legion manua1s and it has been written in the general. orders that each UFW donates a qiven amount of money for this fund and as far as makinq this interest payment, he sees no problem. He then presented a review of the Accounts Payable to the City Council. Mayor Nee stated that he ��rould like to see a letter from Mr. Minder and Mr. Lametti regarding the interest payment. Councilman Starwalt asked how the City Council can be reassut•ed that there will be no other.authoi°izations of expenditures or contracts for services entered into which further obligates the Islands of Peace in �he event there is a default whereby the City would be obligated to pay. Mr. Ed Wilmes assured the City Council that there would be no expenses between now arid the lOth of August. Mr. Jim Largenfeld a]so assured the City Council that no major contracts would be undertaken unless the funds are available to do so. He further stated that he will be doing the IRS for 1975-76 and will present a copy to the City Council along with an up-to-date balance sheet. Councilwoman Kukowski then asked why the City's insurance did not cover this. Mr. Qureshi responded that it does not cov r the foundation. Mayor Nee said that they must �iave the insurance. Mr. Virgil Herrick, the City Attorney, mentioned that the insurance issue should be looked into and discussed at a later date. , A motion was made by Councilman Fitzpatrick and seconded by Councilwoman Kukowski that the City Council accept a written stateinent that the principle would be postponed and the interest will be paid by the foundation. Mayor Nee then stated that the City had to pay the interest. C.ouncilman Starwalt commented that this was not a City function and that it was the foundation's obligation and if they tell us that is all they can do, then we have to accept it and to go on record, he stated that he was not in favor of it. Mr. Herrick then stated that the contract is with tiie City and there is a provision in the contract that specifies that the unly thing that the owners can do on default is to cancel the contract. Hawever, he further pointed out that State money has been invested in this and should the contract ever by cancelled, the City would have to repay the State. Concilman Fitzpatrick then withdrew his motion and Councilwoman Kukowski did also Mayor Nee stated that the City Council does not want to agree in advance. Mayor Nee then proceeded to ask Mr. Wilmes for discussion about the trail funding � assistance for the Islands of Peace. i i . ,�, I � � � � � � � � � ; � j ;I � � . � l�5 I� REGULAR COUNCIL MEETING OF JULY 26, 1976 ! � � � PAGE 7 After Mr. Wilmes discussed the urgency for the funding, Mayor Nee asked Mr. Jerry Boardman what the cash grant would be. Mr. Boardman responded that it would be $15,500 and the labor study would be $8,000. He further stated that they would be appiying for railings along the trail, c.urbing to protect wheel chairs, some stripping alongside the trails, repair on some of the trails and also some docking. There is also a shelter buiiding and informational sic�ns alonq the trails. Councilwoman Kukowski then proposed tt;at the matter of applying for funding should wait until next Monday evening, August 2, 1976, so that the City Council could see the appropriate proposal so they can decide whether it should be submitted. Mr. Sobiech said that the City Council would have the proposal by Friday, July 30th. MOTTON by Councilman Starwalt to authorize the Staff to work with the foundation to prepare an application for traii fundinq assistance. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried , unanimously. � , RESOLUTIO"t N0. 62-1976 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIt�;ATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1975-4: Mr. Sobiech, the Publjc Works Director, stated that at the public hearing there were some�questions relating to the proposed improvements at University Avenue and . , Mississippi Str2et,and University Avenue and Osborne Road consistin9 of resignalization, channelization and safety improvements at these locations. He stated that there was discussion at the hearing regarding condemnation of various private properties to obtain some additional right of way to put in certain alternates on Osborne Road and to make the improvement at Mississippi Street. At the Mississippi Street ! intersection there was concern expressed by the owner of the Red Owl property that there was sQme question in the lease that Council might want to consider before � approving the project. ; Mr. Virgil Herrick, the City Attorney, then commented that he had just received the iease this evening and his review of it has been very brief. He further stated that a section of the lease specifies that if less than 5% of the leased property is taken by condemnation, this is not sufficient grounds for breaking the lease. However, if the City of Fridley can substantiate the fact that the proposed taking is less than 5%, the City would have to, of course, reimburse the property owner for the value of the property taken. Mayor Nee then mentioned that their only concern would be a parking problem. Mr. Sobiech responded that there is no parkinq problem and that the adjacent property is currently zoned residential and could accomodate a parking situation with a special use permit. If parking should become a problem, it could be utilized. . Mayor Nee then asked if the hedge in question on Osborne Road could be saved. Mr. Sobiech responded that it could and the alternate that Staff recommended together with the Highway Department is alternate number two. Ne furiher mentioned that some investigation was made regarding the hedge and it can be transplanted. Mayor Nee asked if Mr. Lynn was present and there was no response. P4r. Sobiech further stated that alternate number two would be a substantial saving. Ms. Dorothy Johnson, 340 Osborne Road, inquired about backing out onto a corr�non road. Mr. Qureshi assured her it can be done. She also inquired about having an appraiser. Mr. Qureshi stated the Government would pay up to $300 for the services of such an appraiser. MOTION by Councilman Hamernik to adopt Resolution No. 62-1976 for alternate number two. Seconded by Counci]man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ __-- ------ --- ----------- — _ � 116 REGULAR COUNCIL MEETING OF JULY 26, 197E PAGE 8 RESOLUTION N0. 63-1976 - APFROVING FIr1AL PLANS APlU SPECI;'ICATIONS PREPARED BY MINNES TA HIGHW Y DEPARTFENT F�R S'fR�ET IMP��TMENT P�6)EC� ST. 1975-5: MOTION by Councilman Starwalt to approve Resolution No. 63-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. RESOLUTION N0. 64-1476 - AUTHORTZING EX�CUTION OF AGRFEMEf�jT N0. 5II304 4:I7H MINNESOTA HIGNWAY DEPARTP1ENT FQR ROAD:�JAY COPjSTRUCIION: STREE7 3f1?ROV�PIENT PROJECT ST. 1975-5: P10TION by Councilman Starwalt �to adopt Resolution No. 64-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ RESOLUTIOfV N0. 65-1976 - AUTHORIZING EXECUTION OF AGREFP1EfdT N0. 58273 4JITH MINNESOTA MOTION b,y Councilman Starwalt to adopt �esolution No. 65-1976. Seconded by Council- woman Kukovaski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. , RESOLl7TI0N N0. 66-1976 - AUTii0P.I7.INu EX,ECUTION OF COST PARTICIPATION AGREEMENT WITH ANOKA COUNTY STREET I��1PROVE��iEPJT PROJECT ST. 1975-5i' V MOTION by Councilman S+arwalt to adopt Resolution No. 66-1976. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor fVse declared the motion cai�ried unanimously. RESOLUTION N0. 67-1976 - DIRECTING THt ISSUAIVCE OF TEfiPORARY IPIPROVEMENT BONDS IP� ACCORt�APJCE WITF{ LAWS 0� 1a57 CHaFTER 3S4 �STREET Ii�iFROV��1CfJ� PROJECTS ST. 1976-1 , 2 NN6 4 : MOTION by Councilman Starwa?t to adopt Resolution No. 67-1976. Seconded by Councii- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 68-1976 - DIRECTING THE SALE AND PURCHASE OF TEP1PORARY IMPROVEMENT IMPROVEP�ENT PROJECTS P10TION by Coun�ilman Starwalt to adopt P,esolution No. 68-1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF THE APPOINTf+IENT: CABLE TELEVISION COMMISSIOfJ (REPLACING NANCY WRUBEL Councilman Fitzpatrick asked if there vrere any other vacancies. Mr. Qureshi, the City Manager, responded that this was the only one. MOTION by Councilman Starwalt to approve the appointment of Edward Kaspszak to the Cable Television Commission to fill the unexpired term of Nancy t��rubel. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Kukowski to approve the licenses as submitted and on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unanimously. i • '� i � � ;i_� � � , � � � i'� �� - _ _ _ _ �� ; ,� ` .. � i� Ii� ` REGULAR COUNCIL MEETING OF JULY 26, 1976 PAGE 9 : , ESTIMATES: � � . � Smith, Juster, Feikema Suite ]250 ' � Builders Exchange Building � Minneapolis, t�{innesota 55402 ' Representation by Ronald L. Haskvitz in the Police � Pension - PERA Suit $ 431.15 Weaver, Talle & Herrick � 316 East Main Street ; ; Anoka, Plinnesota 55303 � For Services Rendered by Virgil Herrick, City Attorney, ; for June, 1976 $1,501.50 � MOTION by Councilman Starwalt to approve the estimates as submitted. Seconded by � Councilwoman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. CLAIMS: � � MOTION:by Councilman Hamernik to pay the Claim No's. 15837 - 16055. Seconded by Councilcvoman Kukowski. Upon a voice vote, al) voting aye, Mayor Nee declared the motion carried unanimously. � � ADJOIIRNMENT: ' � MOTION by Councilman Hamernik to adjourn the meeting. Seconded by Counciiwoman � , Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously and the Regular Meeting of the Fridley City Counci] of July 26, 1976 , adjourned at 10:16 P.M. � 1 i � ; Respectfully submitted, ' ; � , '. � � Dorothy C. Green Will�am J. Nee Council Secretary Mayor ,� � � Approved: i � � i , . i� , I� � ' i � � i I i ( I� � I __ � ____. -- -_.. _. _____ __ _ _--- --- -- _� � __. .. � , � MEMO T0: DEPARTMENT HEADS FolTowing are the "ACTIONS NEEDED". Answers are due back in the City Manager's office by Wednesday Noon, August 4, 1976. Thank you. � FRIDLEY CITY COUNCIL — REGULAR MEETING — JULY 26, 1976 — 7c30 P,M, '�i7:35 P.M. PLEDGE OF ALLEGIANCE: . � i1 � ■ � ROLL CALL: , ■ All Present ,� , PROCLAMATION, � RECYCLING FOR MUSCULAR DYSTROPHY ASSOCIATION WEEK, �■ Au�usT 2, I.9%6 THROUGH AUGUST $, 1976 ■ Proclamation approved as presented. � �' A��'�ROVAL OF �� I v UTES : � - REGULAR MEETING, Ju�Y 12, 1976 � � A roved as submitted PP � � ' ADOPTIOiV OF AGENDA: 1 Adopted as submitted �, - OPEN FORUM, VISITORS: � � �CONSIDERATION OF ITEMS NOT ON AGENDA — 15 Mi�vu-rES) I■ � ' i� I� ' , � � � REGULAR MEETING, JULY 26, 1976 OLD BUSINESS PAGE 2 , CONSIDERATION OF SECOND READING OF�AN ORDINANCE ON VACATION REQUEST, STREET AND ALLEY VACATION SAV #76-03, , BY ROBERT SCHROER; GENERALLY LOCATED AT ��OO UNIVERSITY AVENUE N,E, � , , , , , , , , , , , , , , , , , , , , , , , , , 1 - 1 A � Ordinance No. 617 adopted on seco�d reading. �CITY MANAGER ACTION NEEDED: Publish ordinance in Fridley Sun � , � CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING ' CHAPTER 5O$ OF THE CITY CODE OF THE CITY OF FRIDLEY RELATING TO PARKS AND PARKWAYS� , � . . . . . . � . � . � . � � Z ' Z A � Ordinance No. 618 adopted on second reading. CITY MANAGER ACTION NEEDED: Publish ordinance in Fridley Sun � ' � , CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY OF FRIDLEY CODE REGARDING , $ERV I CE $TAT I ONS � . � � � � . . � � � � � . � . � . � � � � � � 3 � Ordinance No. 619 adopted on second reading with amendment to charge � gasoline pumps a fee of $20.00 per location. � '� CITY MANAGER ACTION NEEDEp: I� , Publish ordinance in Fridley Sun � • a �� I� REGULAR MEETING, JULY 26, 1976 PAGE 3 NEW BUSINESS: RECEIVING PEDESTRIAN SAFETY CITATI0�1 AWARD� � � � � . � � � . . 4 - 4 A Award presented and accepted � CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING � THE ZONING CODE, CHAPTER ZOS�I.OI WHICH WOULD CHANGE ��BARS AND TAVERNS'� FROM A PERMITTED USE IN C-Z AND C-ZS LONED ' DISTRICTS TO A PERMITTED USE WITH A SPECIAL USE PERMIT� �� S , � � � Ordinance adopted on first reading GINEER?NG ACTION NEEDED: Put back on agenda for second reading RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING oFJu�v14, 1976, , . , , , , , ,�, , , , , , , , , , , , , , , 6-6CC 1� Y,�K�ucsa�, SPECIAL �SE PERMIT SP #�6-1�; � 133% HILLCREST DRIVE I��E. � � � � . � , , . 6 D - 6 F PLANNING COMM� RECOMMENDATION: APPROVE WITH & 6 Y $TIPULATIONS COUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION ' �GINEERING 'I i !� 1 Approved with stipulation that a survey be made to assure setbacks. ACTION NEEDED: Notify petitioner of Planning Commission stipulation. ' r �� i � � � REGULAR MEETING, JULY 26, 1976 iPLANNING COMMISSION MINUTES�CONTINUED) 2. K� MESROBIAN, �ACATION REQUEST, SAV #76—��4; ALLEY BETWEEN LIBERTY & ELY � � � . � . � � PLANNING COMM� REGOMMENDATION: NONE �3:� TIE VOTE) COUNCIL AGTION REQUIRED: SET PUBLIC yEARING FOR AUGUST 9, 1976 6F-60 &6Z PAGE 4 • Council set a public hearing on September 20, 1976. t NEERING ACTION NEEDED: Arrange for public hearing meeting on September 20, 1976. , � � � 3. HUMAN RESOURCES COMMISSION MEETING oF .JULY 1, 1976 , , , � , , , , , , , , „ , 6 AA - s cc �A) I9%% BUDGET REQUESTS � , , � , � . „ � 6 AA - 6 CC HUMAN RESOURCES RECOMMENDATIONS: DISBUR:>E— MENT OF $IO,OOO PLANNING COMM� REGQMMENDATIO : DID NOT CONCUR COUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION ;�Y MANAGER Human Resources Commission minutes received. ACTION NEEDED: City Manager to consider input of the Human Resouces Commission in preparation of City Budget recommendations. RECEIVING TNE MINUTES OF THE CABLE TELEVISION MEETING OF � .JULY 7. 1976 , , , , , , , , , , , , , , , , , , , , , , , , , , 7 - 7 H Minutes received � GINEERING ACTION NEEDED: File for future reference � C� � � REGULAR MEETING, JULY 26, 1976 ��EW BUSI�JESS (CONTINUED) PAGE 5 CONSIDERATION OF A REQUEST FROM MINNESOTA HIS1'ORICAL SOCIETY I� FOR FUNDS TO PERFORM FIELD CHECK FOR NISTORIC OR PREHISTORIC ARCHAEOLOGICAL STRUCTURES IN NORTH PARK� � � � � � � � � � � � . S ' � B � Approved request contingent upon legal necessity that the Minnesota Historical Society must perform a field check. � INEERING ACTION '�EEDED: Review State requirement for field check and proceed with Minnesota Historical Society contract if legally required to , be performed by the Historical Society. � � CONSIDERATION OF A REQUEST FOR A FOUR—WAY STOE' SIGN AT � GARDENA AND ST I NSON BLVD � � � . . . � � � . . . � � � � � � . . 9 ' 9 A Council concurred with City Engineer's recommendation and requested staff to contact the City of New Brighton. NEERING ACTION f;EEDED: Contact the City of New Brighton to recommend stop sign be installed on the southeast corner. � � STATUS OF PAYMENT FOR HAYES RIVER LOTS REGARDING ISLANDS � oF PEACE , , , , , , , , , , , , , , , , , , , , , , , , , , , , 10 - 10 B , ' �NGINEERING � � I, Ed Wilmes and Jim Langenfeld spoke regarding the financial condition of Islands of Peace payment for Hayes River Lots. Ed Wilmes requested the City of Fridley apply for trail assistance from the Department of Natural Resources for Islands of Peace, and Council approved the request. ACTION NEEDED: Staff to work with Islands of Peace Foundation to prepare an application for trail funding assistance. i � � � , REGULAR P�EETING, JULY 26, 1976 PAGE 6 ' NEW BUSIP�ESS (CONTINUED) � CONSIDERATION OF A RESOLUTION ORDER�ING IMPRO�/EMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF C0:>TS THEREOF: � STREET IMPROVEMENT PROJECT ST. 1975-�+� � � � � � � . . � . � . � 11 RESOLUTION N0. 62-1976 GINEERING ACTION NEEDEp: Proceed as directed � � CONSIDERATION OF A RESOLUTION APPROVING FINAI� PLANS AND SPECIFICATIONS PREPARED BY MINNESOTA HIGHWAY DEPARTMENT � FOR STREET IMPROVEMENT PROJECT ST,. 1975-5� � � � � � . � � � � � IZ — IZ � RESOLUTION N0. 63-1976 GINEERING ACTION NEEDED: Proceed as directed � � CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT P�O, 58304 WITH ��IINNESOTA HIGHWAY DEPARTMENT FOR ROADWAY CONSTRUCTION: STREET,IMPROVEMENT � PROJECT ST. 1975-5 . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 i� RESOLUTION N0. 64-1976 GINEERI�G ACTION PdEEDED: Proceed as directed � � CONSIDERATION OF A RESOLUTION AUTHORIZING E>CECUTION OF AGREEMENT N0� 5gZ%3 WITH MINNESOTA HIGHWAY I)EPARTMENT � FOR UTILITY RELOCATION AND ADJUSTMENTS: STREET IMPROVEMENT PROJECT $T. 1975-5� � � � � � � � . . � � . • � � � 14 - 14 G RESOLUTION 65-1976 � NGINEERING ACTION NEEDED: Proceed as directed [_l '� t � . . .. � REGULAR MEETING, JULY 26, 1976 NEW BUSINESS (CO�JTINUED) CONSIDERATION OF A RESOLUTION AUTHORIZING EXf:CUTION OF COST PARTICIPATION AGREEMENT WITH ANOKA COUN"fY: STREET PAGE 7 ,� IMPROVEMENT PROJECT $T, 1975-5� � � �. � � � � � � � � � . . . � � IS - 15 G RESOLUTION 66-1976 NGINEERING ACTION NEEDED: Proceed as directed ■ ' CONSIDERATION OF A RESOLUTION DIRECTING THE ISSUANCE OF ,� •TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LP��JS OF 195�,`CHAPTER 3g4 iSTREET IMPROVEMENT �ROJECTS ST, 1976-1, ! ZAND4,�,,,,,,,,,,,,,,,,,,,,,,,,,,, 16-16F NANCE_ � �I �NANCE i 1 �1 RESOLUTION 67-1976 ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN �ICCORDANCE WITH LAWS OF 1957, CHAPTER 3S� �STREET IMPRC�VEMENT � PROJECTS ST, 1976-1, Z AND 4), , . . . . . , , . , , RESOLUTION 68-1976 ACTION NEEDED: Proceed as authorized ,,,,,.17-17A I� � � y REGU�AR MEETING, JULY 26, 1976 PAGE 8 NEW BUSINESS (CONTINUED) '�� APPOINTMENT: CABLE TELEVISION COMMISSION �REPLACING NANCY WRUBEL): � � � � � . � � � � � � . � � � . � � � � . � . � IS � Council approved appointment of Edward Kaspszak to Cable Television Corr�nission. CITY MANAGER ACTION NEEDED: Inform.applicant of Council's decision. � � LICEf�SES, , , , , , , , , , , , , , , , , , , , , , , , , , , 19 - 19 A Approved NANCE ACTION NEEDED: Issue licenses, and keep list on file for future reference � � 'FINANCE , � =�AN C E � , �� EST I MATES � � � � � � � � � � � � � � � � � � � . . � � � � . ZO — ZO B Approved - ACTION NEEDED: Pay estimates as approved �LAIMS � � � � � � � � . � � � � � . � . . . � . � � � � � � � 21 . Approved for payment ACTION NEEDED: Pay claims as approved :� � :► � • ' FRIDLEY CITY COUNCIL MEET�NG '�,�� PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: � � �, � ' NAME ADDRESS ITEM NUMBER � � ' ,„ � D ` ' r i�C�.�� SL �'C � j ' /�� ' � � � � d �'G c> Sy �' � G- ` �. i � � ��- � �' �f� �� ' ��- �� - � v �� r �- � � ,s � ` J � ` a��.S�-- 9l� � - �. ' =- � '� , o� ' � , i � 1 . � � 1 ',i '�i �ji �_ �f � f�, �.. _. _ __ / , , ,� I ' .�r� _,�' _Y .� j . i ��,�. .. �,�� 8� , � .�,, �'�" / ; � �� :. � � � i - �,%' � � � ,?�_, Ci'T"`i( O� 1F'RIDLEY 8431 UNIVERSITY AVENUE N.E., 1=R(DLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 PROCLAMATION RECYCLING FOR MUSCULAR DYSTROPNY ASSQCIRTION WEEK ' WHEREAS, thousands of people throughout the United States are a�flicted by Muscular Dystrophy; and � WHEREAS, world-wide research on neuromuscular diseases is essen�ial in findiny a�CUre for this crippling ailment; and � WHERE S, a large portion of funds in support of this research sponsored by the Muscular Dystrophy Association comes from the aluminum recycling program o priva�e industry; and WHER AS, groups and individuals are urged to collect aluminum cans and other cle n household aluminum, ta turn the metal in at one of 13 collection points in Minnesota and to donate the fifteen (15) cents per pound to the Muscular ystrophy Association; and WHER � an alumin can; and S, recycling aluminum takes 95 per'cent less energy to recycle can than it takes to pr.oduce the origin�al aluminum for that WHER AS, this part9cipation by private indust:ry is a demonstration of � goodwill n the part of all those who participate in keeping with the basic truths th s great state was founded upon; � , i � � ' � NOW HEREFORE, I, William J. Nee, Mayor of the City of Fridley, do hereby proclaim ugust 2, 1976 through August 8, 1976 as RECYCLING FOR MUSCULAR DYSTROPHY ASSQCIATION WEEK and strongly commend all persans who unite to make this worthwhile project possible.l IN W TNESS THEREOF, I have set my hand and ca�used the Seal of the City af fridle to be affixed this 26th day of July, 1976. � �;, .., � � �` �'i;.� : , � 1..�,, sowno� � e� 9c �` � 2 �': � � � tn . r:; � 76 \-0� �� '�'6•10�° �}.. ,..��. �-� �� , _, �� ;;. `.�;' ?� }�.�� d°�� a . �� WILLIAM J. NEE, MAYOR i * ;i THE MINUTES 0 OF THE REGULAR MEETING OF THE FRIDLEY CI1'Y COUNCIL - JULY 72, 1976 0 �, � � � TH MINUTES 01� T{IE REGULAR t4EETING 01- filE fR1ULCY CITY CUU�;C1L-,luly 12_191b Th reyular meetin� uf the Fridlc�y City Council was called to order at 7:35 f�.�d, PL DGE Of /11_LCGIAP�CE: Ma or f�ec s•:elcom��d those present and invited them to join rrith the Council in the I'1 dye of Allegiance to the flag. k0 L CALL: DIEMGFRS PRESEIJT: MEI•1BLItS ABSF�dT: AP ROV/tL Of (•tIilUTES:. Counc:il�ruuian Y.u}:orrs�:i, Cour�ci]man `tar��alt, Coun�'.lr.an `;ar:erciF;, �4ayor �;cc and Counciln�an fitzpati-ic�: None PUL'LJC fiEf�,RItiG J�JEETIIdG OF JU�;E 14, 197G: I•10 IOP� by Councilman Star;;alt to adopt th� minutes of the Public Neari��.g �•'ee`ing or Ju e 14, 197G> as submitLed. Seconded by Counci 1ti•�ou�an J:uko�rski , and u;,on a:�oice vote, al voting aye, I�layor hJee declared the Iil'Jt1011 carried unanimously. REGULAR I;�EETtNG Of JUiJ� 21 , 1976: f40 IOi� by Councilman Hamernik to adopt the minutes of the regular n��eeting of Ju�e 21, 19 6, as subrnitted. Seconded by Ca.,rilr,�an Fitzpatrick, and upon a voi�e vote> all vo ing aye, i•iayor f7ee declared the motion carried unanimously. AD PTIO�a OF AG[idOA: h1R. [D 1'lILhl[S_6350 RIVFRVIFW TERRACE_��.F.> DO�r'��TIO��_FOR A FACILITY F0.°. T;iE H:^,i;�I- -- - — -- -- -- --- --- — ---- --- ----- --- CAPPLD: Nr. Ed lJil��es ta]ked about a 5200,000 gift from P;or��:ay to the State of i•tinnesota to 6e used to build a.heali:h cenier and a sports center for the handica�ped. 1•1r. :�ilmes said h didn't bc�',�\'2 tflC'Y�' lS hcly ai'E'd !OOYE dj��l'C{�i'ldlc' t0 i.`dQ a nardicu��ed cer±er than i th° City of Fridley. He stated the Islands of Peace co��es befoi�e ti:? �ietro Council t morr-o�� as to its becominy a special regional park and to get a clarirication of the s ecial needs. D1 . Wilrnes enumeratetl the various organizations that have used the par'r: and hoVr many p rsons wer�e in those groups and the dates they visted the park. 0 e of the needs, he said, is a shelter a��ea, and they have received a�plications for a b cycle trail to be established. The hlinneapolis school systen; is asking for inferma- t on about the park. ihe I�iinneapolis Public Sc!�ools Field irips Offic� is revisirg t e handbook to include the Islands of Peace as a place for the I•linnea:�clis �tude��ts t visit. They r;ould find the er.pei�ience r�eaningful. The Como Eler.en:ary Schools m de iny�iry as to what we can handle as far as numbers„ schedules and so forth. � ht . Wilnies continued his remarks with coiu,�ents nn grani;s, appliations, recreation defi- n tions, rehabilitation, and that in the futui�e the��e could be a na�ure center there. F i-ther, if the Pietro Council rejects this project, the hopes and drea�;�s of the h ndicapped �•rill be set back for many years to come as arell as the efforts of those � 4rfo are knowledgeable and have been invol��ed with this in trriting letters in support o the Isiands of Peace. N W [3USINESS: � � c � IDERATlO�� OF FIRST READING OF AN ORDItdANCF FOR RELi�i�IVG RE UEST, 1�'Jif;G (1hDIYA�CE -� -- - --- -- --- — ------ )i�1EfdT LOA =7h-02 [3Y f:0(>[Rl UEG�1i�Di�FK. 70 ft[�O�J� FR�)�•1 h-3A TO C.R-l;_6431 T.N. =u5: Public Wor�ks Director stated that this matter came before the Planning Continission May 5, 197G. Thc request �•�as denied for ;everal reasons and the issue was then erred to the City Council. Pir. DeGardner was contacted that the Council �rould be sidering the matter tonight, but t•ir. DeGardner is not present. I �, � ; . g.+�; �-- �.�: �� R[GULA� 1•1C[=TIfJG OF JULY 12, 1976 PAG[ 2 Counci man Starvra)t stated that he reco��nized that the P�anr�ing Cnn�i��i,sion did recomm nd Lhat it not bc rezuned and the rezoniny for t.hat is very good, bur he has a diff rent interpretation of the matter. He said his interpretation is that the person probab)y mo:t affected, if at all, in any future act.ion ,•rc�uld 'ne tr<- persons inbuedi tely to the north and the families to the no�-tf� on the corner of hiis,issip,,i and St te fliqh��ray 65. He had talked to the residents in thc area, and his :;elief is that L is sort of usaye Yrou1d he best for the City in tfic� lony run over po;;ible future apartments that could be put in ihcre. The people on Dellwood, east of thu affecC d property, didn't er.4�ress any ob,jection; in facL, they indic.ated th:�y wo�ld rathe�• see cor��rnercial tl�e�-e than to see it vacant. Counci man Starwalt v�ent on to say that if �-ie are to deny it, let's deny it for the proper reasons. Spot rezoning is to be avoided except �:herc circur,starces �r.rrant approv l. He is tryiny to look at the effect that the cor�mcrcial pat`_i•n ;��uld 'nave in con olida±ing or enhancing the particular area over �ii»t it is ro,;. The oti•mers directi y to the north, although this is residential, do not have City gas �r;d have not be n able to yet it except at a considerable expenditure. They ar� inciined �o think f it �•rere rezoned that out of the process they cii:y cas and ti�is N,ouid certainl; be to heir advantage. Some o the audience briefly remarked that they objecied to the rezonin,. ;ome of the.,, felt tlat rezoning 4iould improve ��iinter parkiny conditions in tha� the offi;.e buiiding t�rould ot have snowbirds and would not create other ��rintei� Farking pro5leris to the reside ts in the area. MOTIO�� by Councilman Starvralt to 4�aive the reading and adept the ordir.ance upon first readin . Seconded by Ccuncil��roman Y.ukowsk.i. A roll call vote v�as ta{:en. Cc�ncil- woman fuko�vski voted nay, Counciln;an Fitzpatrick voted nay, Ptayor I;ee voted nay, Counci man f;ainernik voted nay, Councilinan Starv�alt voted aye. �•tayor (•;ee declared the motion failed to pass b}! a four to one vote. � CONSID RAT1C'd OF FIRST REA.DIN6 OF AN ORDItYA'r;Ct TO A��1END CHAPTER 11 OF 7HE CI7Y CODE OF TH[ C1TY OF FPIDLt`f �SEItVICE S7ATI0°+S): Idr. Br nsell, Finance Director, stated that the administration has ta4;�n a look at � the ex enses invo]ved. A survey svas made of the iime spent and from that i� is the recomm ndation that the fees be increased from $30 a year to $60 a year for service statio s. � � .� Mayor ee re�iarked that he was very impressed arith the �;ork that �vas dcne ?n this n;atter. The Ci y hianagcr said the administration v�ill continue to bring these !;:atters to a more freque t scrutiny than has been dor�e. hi0TI0N by Councilman Fitzpatrick to waive the readiny and adopt the ordinance on first readin . Seconded by Councilwoman Kukowski, and upon a voice vote, a11 voting aye, t�layor ee declared the motion car�ried unanimously. C�NSID RATIO�r OF FIRST RERDIfJG OF AN ORDI�;ANCE At�iENDI�JG C}!APTER 508 OF THE CITY CODE OF TWE CITY �F FRIDI_[Y RELATING TO PARKS AidD PARKIJAI'S �� h10TI0N�by Councilr,�an Fitzpatrick toiwaive the reading and adopt the ordinance on first readin . Seconded by Councilman Star�valt. Upon a voice vote, all votin9 aye, Mayor Nee de lared the motion carried unanimously. CEIVING 7HE P1I��UTES OF THE PLA�NIt�G C061^1ISSION PiEETiNG_ �f JUNE 23, 1976: NANCV FIE�f3IE, SPECIAL US[_P[RPiIT, SP. �67-07, 1346 ��1EA�Old;�t00FE DRIVE: The ublic Works Director said this is a request for a Special Use Permit to allow the peration of a child care center and that the Planning Commission had approved the equest. � Nanc Melbie, the petitioner, was present and said that she has the facilities to take c�,re oi the children. The fire inspection showed the home was in good shape � but that it would have to have two smoke detectors, and she will be getting them very soon. i� • MOTI N by Councilman Starwalt to concur with the Planning Conniission and approve the Special Use Pe�•mit. Seconded by Council�voman Kuko�rski, and upon a voice vote, all I voting aye, P1�yor Nee declared the motion carried unanimously. � � � � THE { ��E[TIt�G OF JULY l2, 1976 IFIG CON'�f�1ISS10�� 141fdUTFS CONT�iNUCl�) NILI�IP_WILLSOPd, SPEf,IAL US[ PERI9iT SP _76_08, 40]_IROfJ10Pl_STRFFT: ��1 r>ncc s The ublic iJorks Director stated that the �pecial Use Permit was to permit the conv rsion of a one-family> two-s±ory I-,ouse to a t�ro-family house, a double bung lo4r, and the Pl�,nning Couunission t:�s recorcnen�ied the chanye. fhe remodelin9 o�oul reyuire that all appropriate buildiiiq codes vrould have to be complied vrith, and he petitioner has indicated thai: �;e ��rould desi,n the house to coinply v�ith all f the codes. The petitioner is present. b10TI �� by Councilman Fitzpatrick that the Council concur -in the unanimous reconmicnda- tion of the Planning Commission and a;:,:rove the Special Use Permit. Seconded by Coun il�•roman Ku4:o�•rski, and upon a voice vote> all voting aye, i4ayor IVee declared the �otion carricd UI1dT11010US�,y. STAV S_SUPERETTE, SPECIAL :_1SE PER!�tIT SP ;7G-09, 64&3 UP4IVERSITY_AVEhL'E N,E.: � The Public Works Director stated thi; 4ias a request to a�ilot-� an outdoor�display of a hy roponic gar�den. As it presently exists on the premises it 15 illegal. It was move from another site. He said that the petitioner fel�'. that he could justify some expenditures.for further in�pi,ove�::ents �•+ith additional cor�mercial enterprises � 'on t e site and suggested various landscapiny measures sur.h as sidevralks, bikeways, and andscaping. The ublic Works Director said that there was a stipulation that in the event that the ydi�oponic system ��ras displaced that the area be turned into an all-yreen area, and hat the petitioner has taken out a building permit. �dith respect to the traffic problem of ti�reaving aroi�i�d the median, the City couid revi w the preliminary plans of the hiir.nesota Hi,hway Department in conj�uiction ��ith � the �mp�,ovement of the iritersec�ion. The Special Use Permit would be for a year and •�ould yive cantrol to ensure that the sodding would be kept up, the shrubbery be triru ed, and the.area generally rairtained to have the co��ner esthetically pleasing. � Coun ilman Hamernik said that the petitioner's remodeling and building has been a defi ite asset to the corner. - MOTI P1 by Councilman Hamernik that the Council concur witlh the recon;mendations of the I Plan ing Commission and approve the reauest for tt�e Special Use Permit with the stip lations regarding landscaping and buildin9 n�odifications. That. it be subject to a nual r•evie�v by the staff, and that the boulevard area would be resodded and tree ��rould be planted. Posts be installed in the bikewa_y to ensure no ciriving of vehi les through the ai°ea, and if ihe iiydoponic gar�den display is erminated, the � area ��rould be completely sodded. Seconded by Councilmar� Starwalt. Upon a voice vote, all voting aye, (�1ayor Pdee declared the motion carried unanimously. � ROE3E T SCHROFR, S1'RE[T AND ALLEY VACATION SAV `76-03, STREET EASEP1EhdT IN EAST RANCI fSTATES 2nd ADDITION: � h10T1 N hy Council��roman Kukowski to set a public hearing on the mat.ter on July 19, 1976. Seconded by Counciiman Starwalt. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously. YOUT CFNTFR: The ublic Works Director said that the Planning Commission recommended the approval of t e Youth Center based on a motion by the Commimity Development Conunission. htr. ed Storla was present representing the Youth Project Con;inittee. A discussion ensued in t•thich tne vai•ious sites for a Youth Center arere discussed as to propriety and feasibility. The sites discussed �vere the City 11a11, the old library and a building located at Locke Park. , � Councilman Starwalt mention�d that in this propcsal there is a dollar value being 1 ' put into it by the City as to Che space being used by the project, and that the use s of the premises should plan to ��ay some reasonable fee, perhaps in the form of , n�em ership dues. � .s,e-,�--� ..� - . i' I � � � n �:� ,itr Rf_GULl1 f�1E[TIP�G OF JULY 12, 1976 (PI.I�NNI�dG COF1i•1IS�IUF1 h1IldU(FS C0��11tJU�D)' PAGE 4 Cou cilman (-itzpatrick reniarked that tihe ir.ution as passe�l by the Plannin�� Conunission was in turn really a motion p�sse�i by the Con��iunity Uevelo��mr_nt Couanission> and would tf�ia be sufficient for the City adiniriistr�ition to geL soniel,hinq undervray"? It pro ides for the creation of ter,�porary boa,�d n�en��bei�s �vriCl�� appointees fror; some of our sub oiitinittees. NOT ON t�y Councilman fitzpatrick to concur �-�it.h the r�oti:>n of tihe Planniny Conmission arithson;c chanyes: 7hat this youih ceni.er should have a t��mpora�-y board of ii�ectors consisting of six, regulai- members and t�•ro cr,-of ficio n�e�nL•er�. Reqular mem ers shall Lie appointed by the followin, r�roups: Onc by the Fridley City Council, one by the Fi°idley Plaiuiing Con�unission, one by ihe Fridley Ilu�ran ftesour<:es Conunission, and two by the Fridley Youth ('ro.iect Cen,�r,ittee. Gne er.-officio meniber shall be app inted by tfie Fridley City Council and cne by thc� Fridley Police Uepar�tr:e�it. The temporai,y board of directors should serve foi� not n:ore than thirty da;js during which tirne tihey �rill vn,ite the char�ter, establish the inte�im rules for tf�e youth center and facilitate the election for reyular men;bers to �i-�e pern,anent board. The appointed ex-officio mcrrbers i��ill also serve on the p�rm�nent board, and it will be approved by t;he City Council. Ad�ninist��atively, the youi:h cent:er �•�ill be under the �uspices of the Parks and Recrention Depai°L��;rnt a+ho �•rill a;sicn stafi to super- Vise and carry out the guidelines established by the board of directors and �,pproved by t�e Parks a��d Recreation Director. Furthe�� that the City guarantee th� u�e of the ar°ming house within 30 days after acceptance of the charter as a teen center. Also t1�at a time limit of one n��onth be set for each cor�mission to appoint a person to t e temporary board of directors. If a cor�:��ission does not ma4:e their appo'ntment �-rithin the one-n:onth period, then the YPC has the right to ap;%oint a pers n to fill that position on the temporary board of dii�ectors. Furti��r, that the temn rary board of directors consist of an ex-officio Par4;s and Recreatien Co„��nission n�emb r or iheii� designate. The n,otien Svas seconded by Councili•�oman Kul:o�;is�i. Furt er discussion ensured concerning possiUle financing of the Project in the futu e and where-the Youtl� Center could be housed if it were to be moved, how it c uld be handled at sCaff level. 1�10T1 !J by Councilman Namernik to amend the riotion to state that upon the establish- ment of the charter that the board of directors submit the charter to the Parks and ecreation Cor�mission and upon their discretion to bring it before the City Coun il for approval. THE I�OTE UPON THE A�1ENDhiEI�T �:�as a voice vote> all voting aye, b1ayor P�ee declared the rpotion to a,nend carried unanimously. •, THE �OT[ UPOtd TNE P10TION AS Af•IENUED was a voice vote, all voting aye, P•1ayor Nee decl r•ed the motion car��ied unaniir�oi.isly. HJ The F � buila . R-1 s with lots. � , I' � STRUCTION COP1PANY, LOT SPLIT L.S. �76-05, HILLt�lIND ROAU & I.694: blic lJorks Director stated tflat this is a c�equest to split a lot into three ng sites to allow a hon�e to be built on one of them, the construction of an ngie family type of d�,�elling. Tf�e property after a split �•�ould be in coropliance he existing codes, and there are sewer and vrater facilities to the proposed Mr. S�biech further stai:ed that the lots �vould be subject to raodo-�ay easements, and that noise abatement barricr a�ould be forthcoming. Representatives of the const uction company were present. P10T10 by Councilij�an Starwalt toconcurwith the Planning Commission recom:uendation and a p1•ove the lot split. Seconded by Ce�mcil�•�onian Kul:owski, and upon a voice vote, all voting aye, h1ayor I�ee declared the motion carried unanimously. Eti' LUATIOP� OF STR[[T LAYQUT NEAR NORTii ('(1R1�: The f'�blic Works Director stated that the City should not relinquish any right-of-way, and I-onton could be posted for no truck driving. Counc lman Fitzpatrick said that there are many and varied considerations to be appli d to the ovcrall considc��ation. We havc the whole sia•cct pattcrn in the lai�ger �� .. _i�..�c �. � '� c�rsui_nr� t•1ELTIf�G OF JULY l2> 1976 (PLi��JP�ING CO��ff4ISSIUtd M11�UfES COPIIINUEU) ��.� PAGE 5 drea and the con:iderations are ditferent in diftcrer�t. p_:rts of it. The recorn,uenda- tion is to make no change and for the inr,;t, part. iir,�Lody ha� asl:ed us to n..��e a chanye. Coun ilman fitzpatrick >aid that in readin�a vll of I,he u,irutes, he has th�r im��ees- sion that in consideriny this ��et�itiuri, ti��y 1��1.ed a�s t.hE- s;l,reet, {,��t,cerr�, un � n�uch larg r area, and he did nut fecl Lhis �>('11L1Gfl �r�s actually res{,ond��d to. � Coun ilman Hainernik s�id that i�iis interpretation ��ra; thal the ��ctition eiu�;ld affe t thesc ot.her areas �uid thati if i•�e honore� the pctition �:c ��+uuld havr• to cons der dainy somethiny ti•�il:h the other areas zuci� as tlie exterisior� of 83id acro s the trac{;s. � Coun ilman Fitzp�trick said that the p�tition ;-��+s k�ighly specific on sor�,,e thinqs and it does not iinpinye on thc w.liole pattcrn in ;,ne ai�ea. fle lias no trouble supp rting the recan!nendation of the Planning Co�r,;,�ission at this point. He stated . th3t his reservation is that he did not get the fecliny from readir; tl�e rinutes � of the Planning Conurission tl�at they vrere ayreeing themselves as to these i�eyuests. Council;nan Starwalt said tiiat he ��ras also confused on it. � After�some further. discussion, t-1ayor IJee d�clared a recess 3:52 .M. to 10:10 P.P�1. ) Mayor�Nee called the Council back into session at 10:10 P.t4. (Recess taken from � The C�ty Manager stated that the concern of the people on Ir-onton Street regarding the t affic is valid, and the Guestion is how can r:e r�inimize industrial traffic on re idential streets. There is need to address ow'selves Co the requ�st and co��e �, back or some intermediate solutions. � t�lOTIO by Councilman Fitzpatrick that the administration fin,ther considei� the r:eans of ini imizing er eliminating industrial traffic on Iront:on and at a later time come back ith a proposal, Secc�nded b,y Councilti•�oman P:u�:.o��ski. Up.nn a voice vote, all � � votin aye, Mayo�, Ne2 declared the niotion carried unanirnously. � STAfdD� RDIZED STREET I�JIDIHS: MOTIO� by Councilwor�an Kuko4rski to concur in the recommendation of the Planning Co�rti�ni sion. Seconded by Councllman Start�ralt. After discussion the motion aras tvi thdi a��rn. . MOTIO by Councilman Fitzpatrick, seconded by Council��ronian I:uko�:�ski> that the staff do ad itional study and develop a resolution to return to the City Council on stand rd policy. l�pon a voice vote, all votiny aye, 1layor Nee declar•ed the motion carri d unanimously. RFCEl I��G PETITION ='12-1976 REQUEST1Cd6 CHANG[ IP1 °DJO PARKI�JG" SIGf4S ON 7T4{ STREE7 [3ET4l�FN 6151 niiD 63ftU_ �aVENU�S_:�--------------------- ------- MOTIO by Councilr�an Hamernik to receive Petition '�12-1976 and direct staff to ti•�ork with he Ward Councilman to put up appropr•iate no parking siyns, either °,�c, Parking 6- 8 thonday-Tti�urse�ay" or "fdo Parkin� tJeekdays". Seconoed by Councilwoman Kukov�ski> and upon a voice vote, all voting aye, hlayor Nec declared thc motion carried �manimously. RECFIVING PETITION ��13-1976 RFQUESTIf�C, A"FOUR IdAY S70f"' SIG�d AT TNE If�7ER5[CTION OF GAR.EI�A AND STIP;S01� GUULfV/',KD: -�-- ----- � ----- --- P10TIONI by Councilwoman I:ukowsl:i to receive the petition and direct staff to prepai-e a recuh�mendatiion in cooperation ;rith Ne��r l3righton. Seconded by Councilman Haniernik. Upon alvoice vote, all voting aye, hiayor Nee declared Lhe motiun carried unanimously. CONS:i� .RATION_ OF REQl1EST �O4t WAIVER OF FE[S f0}; CO�dSTf2UCTI0IV OF [�LEACHER FACILITY -- — -------- .._.----- - 111 FKI LLY HIGH SCIIU�L: MOTION by Councilwoman Ku4:owski to grant the request and wa�ive i,he City inspection fcres. Seconded by Councitman Star•+valt. Upon a voice vote, all voting ayc, Mayor Nee dc lared the motion cari-icd unanimously. �� .. -, l(�0 i� � � � � � � [� � , � i � ' I', � � i , REUUL�R !?LETitIG Of JlttY 11_, 1976 PAGE 6 CO';�I.�F.�.�Iu'; G: Pi2CLL'�INARY APPLiCl1T10?JS FOR LI4bJC(ifJ fUNDIt�G: The C ty ".ar,ager outlined the options under this plan, and considerable discussion ensue' re�arcir,�. applications for fundiny for Itivervie�•; Nciyhis P��k and the bikeway/ w�alf;�;�y s�ste;n. P';��i0� b; Co;�ncilr:;an iiamernik to approve submission of the preli,ninary applications for L!'„';:;'� `�nding foi� the bike�•�ay/��lalkt-,ay system. Seconded by Councilt��oman Y.u�:o;��ki, an� �;.�n a r�ice vote, all vuting aye, 1•layor P;ee declared the motion carri d ;;�;animo,sly. CO?iSI,.;:R:-."10.'i C� C0:^7TRi;CT WITH h1[TROPOLITAN COUIJCIL PERTAIh1P:G TO SFCTIO(J II FU(JDIP�G: The Ci;, "arager stated that instead of the hietropolitan Council running the whole op��.tic^, ti;er� is a �^eeling that the r,tatter could be better run on the local level. Iti'e reel ��,aC �,•re can do the job and because we will be reimbursed, there is no cost to the cc-r�:�,;rit�. Hep�fully, �-�e can do a better job than the fl�etropolitan Council. lti �.�uld `:� option two of the three presented. PtOT?O:J b� Cauncilman Fitzpati°ick that the contract ernphasizing local staffing (Option F�o. 2j b� 2�.�;,u-ed. Seconded by Council��ro;nan I:uko�vski. Upon a uoice vote, all votinq aye, h� yo�- i;�e �eclared the niotion carried unanimously. CO!�SID R�'-.�iCii Or SETTLEhiENT OF LAIdSUIT - MARY MARTIFJ US. CIiY OF FRIDLEY: The Pu lic '„orks Di��ector stated that we did offer, and we �ire offering by the release> to c.o n �iiere and mal:e sure that there is the prvper backfill, et cetera, to prohibit fur*_7e er�sior. The Ci y:-.:tarr,�y stnted that from a practical standpoint, �it is a good solution to the la��su��, an� from an economic standpoint it certainly is a good solution. Ne went o� �c x�':air, t��2 legal ramifications on other alternatives and how the settlement arrang :,er�s wor:;ed ano the City's part in each. 1'�OTi^vti b;/ Ccunci?man Fitzpatricl: to approve the settlement of the lawsuit. Seconded by Cou ci:-��n H:::-,eri�ik. Upon a voice vote, all voting aye, Playor Nee declared the motion c�rried ur.animeusly. CO"�SIC °�':C'Y C= RESOL'�TIO"J N0. 59-1976 AUTNORI7_TP;G AND DIRE�CTIfdG TH[ COPIBINING OF SPE�:�;! i-, ��55;;-_.';TS G�i LOT 21, BLOCK ]7, A��D LOT 22, L'LOCf: 17, f RIDLFY PARf:: 610TI0?� by �cuncil�roman Yukovrski to adopt Resolution No. 59-1976. Seconded by Council- man Star�•.ait. Upon a voice vote, all voi:ing aye> Playor Nee declared tiie motion carried unarzirousiy. CO;+'�?D�RATiO`I 0� RESOL;;TIOfJ N0. 60-1976 AUTNORIZII�G ANU DIRFCTING THF C01�1Q1N1�JG OF SPEi.I�L +=.��ESS��c';TS C�7 S. 34' Of' LOT J, AND fd'z OF LOT &> 13LOC1: �t, SHAFFER'S SUG l: h1QTIG2 y �ouncilman Starwalt to adopt �esolution No. 60-1976. Seconded by Councilwoman Y.uke.wsk', ard upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimo sl}�. COi��:DE A`10'� OF RESOLU7ION N0. 61-1976 AUTHORIZING AI�O DIRFCTII�IG THE SPLITTING OF SPEC:AL f;��S�?;�'�TS Ofd`?ARCEL 3190, UNPLATT[U SECTIOid 11 t— t40T:ON y Councilwoman Kuko��ski to adopt Resolution No. 61-1'376. Seconded by Council- man f;am rnik, and upon a voice vote, all voting aye, Playor Nee declared the motion eari�ied unanir„ously. APFO;NTt'E`;7: CITY EMPLOI'[E: hSOT10N y Councilman Narr,ernik to concur in the appointment oi° the Park and Recreation Direct� as follows: P1Atic POSITION SALARY Ef-FECTIV[ UATC REPLACES Cherles A. Bcudreau Director of �19,300 July 13, 1976 Paul arown 6540 Ge rcia Ave, tdo. Parks and per Brookly Park, Ftn. Recreation year 55423 � i , � i � ' I � l � � , 1 � �I��Z REGUI R t4C(:TIftG OF JULY 1?., 1976 PAGE 7 --- -- ---------- � The m tiion vras �econded by Councilman Fitz{;;,trick. Cour�cili•roinan Y.ukuv�ski nioved to table the matter. Discussion ensured and 1•'ayor Fee rr.in�rLed that the charter allows the C tiy h(anager to select enq>ioyees, and the appointee's crecl�ntial: are oi�tstarrding. Counc 14roman Y.uko��ski i•eplied tF;at �•�e h�ve on our sCatf a person vihose creJentials are e ually as good. Counc lman H�n;ernik said he rrould r�ove to c:nncur �iith the Nlayor's statenient> and to su{ipo t tne City 1�ianager's recomr,endation and to cu�:ruend liim ior a job vrell done. He has 1 bored 1�ng and har�d a�id h�s ttie interest of the �ity aL hcart. Counc lman Si.ar��alt said he ��ias impressed �•iith the credentials and ��ioulrl he in favor of th appointment. Council�,von�an Ku�o��rski stated that she had ti�ro�°I:ed ��rith Dan Iluff, t;atur list/Resource Coo.rdinator, in the cor.°:�unity schools and has �•;atchcd Iiiin �•rork �•rith 11 kinds of y�,oups. She also read a brief r,emoranduni concernin�� her opinon in tih matter�. Counciitiao;tian i:uko�isl;i concluded r�it'ri sayir�y she cartnot vote favorably on th matter. � TI�E V 7F upon the ri�otior� ��ras a vvice vote, Councilrrat� Stiarrfalt voting aye, Councilman Hamer ik voting aye, Councilman Fitzpatric4: voting aye, Councilman Y.uko��sl:i voting nay, 1ayo�, F;ee voting aye. �•iayor idee declared the rnotion i:o ap{aoint Charles Boudreau cari^i d by a fou�° to one ��ote. Mayor Nee introduced Charles Boudreau, and upon the (�layor`s request, Mr. Boudreau brief y ouLlined his academic and professional career. MOTI0�4 by Councilwo:nan Kuko�•rski to pay the claims as prese�ted. Seconded by Council- man Stararalt. Upon a voice vote, all voting aye, P1ayor flee declared tne motion carried unaninously. LICEI�SES: MOTI 1�l by Cou��cilman Stara;alt to approve the licenses as subn�itted and as on file in the ity Clerk's office. Secoi-�ded by Cour�ciiman Hac��ernik. Upon a voice vote, all voti g aye, hiayor ldee declared the moiion carried unanimously. ESTI ATES: P10TI �y 6Y Councilman Kul;o�•rski, seconded by CouncilmU Ilamernik, to approve the foll wing esti�nates for payrent: N.D.I. Asphalt Coinpany, Inc. 5400 N.ld. Industry Avenue . Anok , 1�1innesota 55303 PARTIAL Estinrate ; 2 on Street In�provemei�t F'roject ST, 1976-] Sniit , Juster, Feikema 6ui� ers [xchai�ge 6uiiding Minn apolis, hlinnesota 55402 For services rendered by Car] Newquist as Prosecutor for the month of June, 1976 �9II,815.91 $ 1,612.84 � Upon a voice vote, all voting aye, Mayor IJee declared the motion carried unanimously. CONS DCRATIOi7 OF APPRO';AL 0(' HOUSE TRAILER APPLICI�TION f3Y DANICL G. tJELSON, 6070 CLNT AL AVCNU[ N.[. STORAGE ONLI' : � -'� ' ^' _ �_ �_�,� -� �._ — MOT1 N by Councilman Starwalt to approve tiie application r�or the iiouse trailcr. Secotided by Counc.ilwuinan Kukowski, and upon a voice vote> all voting aye, Mayor Nee decl red the motion carried unanimously. DOY MOTI N by Councilman.FitzpaLrick to recieve the poster signed by all the [3oy Scouts thanking the City Council. Seconded by Coimcilm�n Hamernik, and upon a voice vote, - all voting aye, Ptayor Nee decla��ed thc mution cari-ied unanimausly. The poster is to be huny du��n;tairs in S.II�? Parks �epnrtment. ��tr^�.� � .:., ftCGUi_ R COU(dCIL MCI:TIIlG Of- JULY 12, 1976 PAGC 8 REC.f:IVIPJf Rf_SJGNATIOf�: CAI;I_L TFLCVlS10I+ CO��li•t>SfOid: MOTIUN hy Counciliuun Haniernik to receive tl�c resic�nation of �lancy 4!i-i�bel fro�n the Cable T�elevision Coinini:sion. Secon�led by Cr�uncilu,:�n 5Car�rr��lt. Upon a voice vot�:, all voting aye, I•layor t�ee declared Lhe niot:iun c��rried. MOTI N by Council�•,om�n Y.ul�o:•�ski to adjourn the re�ular council ir�rtin� of ;uly l�, 1976. Seconded by Councilivan H�,n;crnik, and u{�t�n a voi:e v�>tF�. �11 v�`ing :,�, Mayo IJee declared the motion carried unanii:.ou;ly, and tiie i:.cetiiiy acjourr��.� at 11:5 E�.r�. Resp ctfully submitted, , John Chegv�yn Coun il Secretary Appr ved: ^__ 4Jilliam J. Wee I4ayor �� a The C SECTI �SECTI PASSED DAY OF ORDINANCE N0. _ AN ORDINANCE UNDER SECTION 12.07 0'F THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE nc�il of the City of Fridley do ordain as follows: 1. For the vacation of a street easement described as follows: All that part of the Southerly 33 feet of the Easterly 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition, All lying in the South Half of Sectian 2, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated except that the City of Fridley retains easements for drainage and utility purposes over the street easement herein described and vacated. ! 2. The said Vacation has been made in conformance with Minnesota Statutues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. BY THE CITY.COUNCIL OF THE CITY OF FRIDLEY THIS , 1976. ATTEST: GITY C Public First Second Publis ERK - Marvin c:. �runsei i Hearing: July 19, 1976 Reading: July 19, 1976 Reading• .......: MAYOR - WILLIAM J. NEE 1 .i;:. t ; I�� ' ,� i � � �� !Ui p��n 4�( �� Q� a �;�,� ��"�Z � i I 'f ni :1 d� � � �,� I � � j.3��j�.;� _ i -� _� � •I � o , �� ' �; � �'o, �, � ' 'i' !�} i i 3 '� � o, �n ;� � Q� p,. r� irt'f! �'�' O �'I r..: Z �� 2 � \ � \ .� , 0 (v ' � � � ' , r ��►,�'t� ' iS��•ler E�;��e► ��s � �5 _ _.. , �------- -. -- ( � �� ,,� , I � t � -..n � � ir�U��e � �l � � � - �_�.�. , c k Fn � -- �---- / � ;. • _`' ._—•--- �i�i ; if �a��emon� s i1o; � o � �___ .__ ic.3•� -- - . . � �. _. � �° s� � I 3 i —• � 0. •_,1,�;,�,,, Lo �' � w� I �no• W �� ' � � , � ' i i � . � � � � � ��;��' � `r � � � � � � � �a� ` 0 � , � (� . � �: � � � ,, , n : � - �� , ° ; � ' � 7�w�-�2-��., � �n,nP�� c::.�: � � t� t. s1 I O' � ','�; i �: , � �� t�' . � `� , o �� 5 � �ti� . ��:,��--:I. Y y / f �: / �' �.I � �w ' C� r�Pt° � ; >; ..-�____ � i �� i � ti- i � d ! � � --- t63.0 -- � I � . l --- �a � � ��• ,• � �, �� ,„ r , � �, _°' �--�°�!-� ��> <>, � / �o ° �-�.J �., -� � , �� q � . � , �� r�-�1 ' ��-- / p. _ � '�-t . _� , � S i-s I ti . � , "� . _"j";� �� ,� � , � —��r: � � � �� r�i� ! r�/~��1 r� ` O � ,�,_� ; ,--i�.-�.�, , , ��, y � . 0 ^ i �� . _ � � i�l � �=� lA �p , _ � h . � S �'g c ' � � € �� ; r � u' � , o i� 7 . �-� � i �� j � o I; ;. � i� 4 Q � � � � �� , . O , °- • i Is v ; � o +-f � � a\ � � . �,� � { . , � : � .o �° ! � � a ` i� � �� ; 0 ; �; �� j �;�;� o � c ! d `t,�s _�3 � � ' v` ��. � - ., r . ' ._. � , c.��' � �O • � 't7 � '� � . + ' � � � ; � L�L9 i o � �� ;� �� s � � ?� � � ��#- \� � ��. u, �.;o °'� 3 � s � ��°� � � j� 1 C �- �� `� � � d � � � � I � � � ' S, i —'i S2� 'i5 \ � � � � �� U � i o�, n� � n � .o.; � �U p, , %' ' � U � � T 4l _ � - - -�33.c,o �-- '.� ! ;an ._. i � , � ; / � ' ; - � loo • .--��j I -- ` � . a � 4 �-� ��'�� SAV #�b-03 RO�ERT SCHROER ��❑ t��GI��RIA1G �I�IC. � Vacate the street easement �`;•� on the Southerly 33 feet ��,� — Er��eers — of the Easterlj�_ 200 feet of �[� ----- surveyors —�et 4, Block 2, East Ranc h F s t�tes_.2n � A i t i n,,--,;,,,,,, - R,�L1i��,1�1�.�Y 51� �. ��Zl�1t�AG� .f. _.____ ___.__...-- --�--._.._..__ _. ... _ . . _ . . _.. ___. - -�- --,- ---_ � �i�,v. [.�;�la� a AN 0 CITY e ORDINANCE NO 1976 INANCE AM�NDING CHAPTER 508 OF THF� CITY CODE OF THE F FRIDI,�Y RELATING TO PARKS AND Pp�RK1YAYS The C�ty Council of the City of Fridley does ordain as follo s: CTION 1. Section 508.02 Definiti.ons, is amended to read as follo��s : 508.0� Definitions 2 The w rd "Commission" as used in this Chapter is hereby defined to me n the Parks and Recreation Commis:cion of the City of Fridl y. And the term "Parks" means paz�ks, parkways, playgrounds, recre tion fields and buildings, laYes, streams rivers and beaches there n and all public service facilitiE�s conducted on grounds, build ngs and structures in the City of Fridley which are under the c ntrol of the Parks and Recreation Commission except that ,.the p ovision of 508.21 regarding Alcohc�lic Beverage shall apply t�o al City, Caunty and other public park:s within the City, wheth r or not under the control of the Parks and Recreation Commi sion. Insofar as this Chapter-rel.ates to beaches, it is to be construed as supplementary to and not to supercede the exi.st ng provisions in Chapters 507 of t;he Code. ECTION 2. Section 508.21 Alcoholi.c Beverage, is amended � to read as follows: 508.2� Alcoholic Beverage It sh lI be unlawful far any person to have in his possession or to co sume any into�icati_ng liquor or nonintoxicating malt liquor in or upon any ¢i��b City, County or otl►er public park, parkway, or ba hing beach within the City ex�:ept as provided in subdivision 1, 2 nd 3 below: Subd. 1 Not withstanding laws to the cantrary,.possession and consumption of nonintoxicating malt liquor is permitted in Locke Park. (cont.) ,� Ordin Page Subd. Subd. PASSE. THIS ATT 2A nce No. 1976 2 The City Council may grant permission to consume nonintoxicating malt liquor in Q��¢� �� City, County or other public parks to neighborhood groups. 3 Not withstanding any laws to the contrary, upon approval of City Council, and issuance of a permit, a club or charitable, religious or nonprofit public or private organization may sell and allow buyers to consume nonintoxicating malt liquor in the Commons Park. � AND ADOPTED BY THE CITY COUNCIL C�F THE CITY OF FRIDLEY DAY OF 1976� . 0 MAYOR - WILLIAD4 J. NEE ITY �LERK - MARVIN C. BRUNSELL First R�ading: JULY 12, 1976 Secon Reading: Publi h....... ORDINANCE N0. d ORDINANCE TO AM�ND CHAPTER 11 OF THE CI'TY CODE OF THE CTTY OF FRIDLEY THE COUNCIL OF HE CITY OF FRIDLEY HEREBY AMENDS CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA BY CHANGING CERTAIN LICENSE FEES AND ADD- ING THE CITY CO E NUMBERS. 11.10 Fees. Code �� 13 � License and permit fees shall be as fol.lows: S b'ect Fee� R tail Gasoline Sales $ 38.-�IA 60.00 lI.II The pena ty for late payment of aIl licenses and ��ermit fees as shown in section 11.10 f the Cit� Code shall be 25% of the amou�nt of the fee if re- ceived from 1 0 7 days late. If the payment is receiv�ed more than 7 days after it is due, the penalty sliall be 50% of the fee. PASSED BY THF ATTEST: ;ITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1976. CITY CLERK - arvin C. Brunsell First Reading: July 12, 1976 Second Readin : Publish..... DAY OF N[AYOR - WILLIAM J. NEE 3 � l�� P � �� i-� i 4 HE AUTOMOB(LE CLUB OF MINN�APOLIS . Salle at Thirteenth Street • Minneapolis, Minn. 55403 •(612) 332-0255 Jul✓ �.5, 1976 Hor.or ble William '.tee ' Ma�*or o� Fridley 6431 niversity Avenue i:E Fri31 y, i:linnsota 55�+32 Dear rJiavor Nee : It is a pleasure to inform you that once again Fridley's excellent ' recor i.n the field of pedestrian safety durin, the past year has b en recognized by the American Automobile Association in its 37t� nnual Pedestrian Safety Inventory. ' � � , I� � li We e end our congratulations to you and Police Chief Hill for this chievement. It is a real credit to Frid:Ley and its fine citiz ns. In to en of the appreciation of the r.ational A�4A for your out- st�.�d ng effor�s in this vital area, an inscri?�ed award plaque is be n� sent to vou. Pleas accept out sincere thanYs for this exce:Llent performance. We �Ti h you nany years of continued success in the future. Since ely, � ��— . Paul . �Telson Direc or, Public Relations & Tra fic Safe�y PGN:c�.f ..,�ERVING MEMBERS AND THE COMMIJNITY SINCE 1902 � �'OPI1L.�`;I'I( :V C�'.�[�P� :.�. OI� Ci"1'ILiS Rl:�; � �I' 4A ��CITI�Fridle.y ST�\'I'E MN ' .`_.._._ I,�G�_��1�ti':1�� Pedestrian Safet:y Citatiori�_vParS __.._._.. IrI�:�TER' S F�1CI SHEET 197 ��`�1 P�:DESI'R L�Vv S_LF�:'i1� I WENTURY PR4GR4''•i 2, t62 CITIES A'�D 29 S7:\TES F.�P�KfIJ�'G GR�� AIV.�I:ll l; I`.��RS lmong �'111 States , . Sou.th Dal:ota ities Over 500,0�0 Popul��.ion .......................... San.I)iego, California Cities 50,000 to 50 ,000 F.�pulatiun ..................... Oce�ansi�e, California �ities Ur,ier 50,000 Popula'.ion .......................... Garfield I-Ieiahts, Onio 'I'otal �'ro 7ram � Re �edes�.•ia�i Death � Ped.estrian Pro�ra-� ,I97y Pc,�ciestrian D•�a 975 Pedestrian Inj �PRE�'IU' ►S �IVARDS �or thc: Year �1939 194 0� 1941 ,194 2r- 1943__ 1944 ,194 5� 194 6` :t9�7 ' �9�8� 194 9 � �29S0 i951'� � 1952� � 2.953' -- � ____ .— - I' 195 19� 195 195 I95 Your City's Score Leacl . Sco.•e 5 g % ury 5core 77 0 ivit:ies Score TQ.� � ScorE: in % Score Earned �arfield {leigi�ts, Ohio 91w Several Cities Tied 100� Gaw�ieid Neights, Ohio 94% Rate (pL r 100, �00 Pop. )__ p, p Gr�up Pedes trian Death Rate _�__o,_ - Rat�� (p�r 100,000 Pop.) 36 Gi�oup PedeGtrian Injury Rate�^ 195 196 19ti ^ 19ti 19ti I^� — 19�' � - ; l�b 1 �c� l�fi L' _ 1�6 .sn.-� 1969�� 1970 1971�Y��=-�— 1972 1973 1974 �j� - / 197 5�� - �, i:,ode G.A. sl. E . 1.�t. l.st Pl. ?nd P1. �rd P1. S.C. PPA PI CR ��:n, �vv�r L'SC E�sa � Grand A�4ard � A��ard for Excellence Ai�ar<i of ;�ferit Firs�t Plac.e Second Place . 'Iilird P1ace Special Citation (for) Pedestrian Pi-oRram Activities Progra^t Ir?provement Casualty Record ;�'o Pede�trian De1th Certificate Pedestxian Safe��• Citztion (Under 10 �•ears ��ithout a Peclestri,�n Fatalit��) Pede�trian Safet�• :lcllieven:e:�� (10 or moi•c year_: ►�itliout a pe�estrian �atality) ORDINANCE N0. N ORDINANCE AMENDING CHAPTER 205.101 OF THE FRIDLEY ITY CODE ENTITLED "USES PERMtTTED IN C-1, C-1S, C-2, -2S DISTRICTS" The City Council of the City of Fridley does ordain as follows: Chapter 20�.101, "Uses Perm;tted" is here�by amended to de- lete Paragraph 1�,B, 5(bars and taverns) and add to Chapter 205.101, 3, Q: "Bars and Taverns." ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY' THIS DAY OF , 1g76. WILLIAM J. NE;E - MAYOR ATTEST: LERIK - 0 Publ ic Hearing: July 19Z 1976 First Reading: Second Reading: Publish: 5 i , � PLANNING � � � � � CALL TO ORI�ER : Chairperso� ROLL CALL: Members Pr� SION MEETING C1'1'Y OF FRIDLEY JULY 1lt, 1976 Harris called the meeting to order at 7:36 P.M. PAGE 1 t; Harris, ]3ergman, Langenfeld, Peterson, Shea, Gabel (attending � for Schnabel) � M�mbers Abslent: None Others Pre�ent: Jerrold Boardman, City Planner � APPROVE PL NING CONL^1ISSION MINUTES: JUNE 23 1976 � � � � ' � Mr. Bergm stated that on page 1lt, 3rd paragraph, it should read Mr. Robert Schroer wa not present. Mrs. Shea aid she had a couple of minor changes, and noted that on June 23rd Mrs. Wahlb rg was no longer Wahlberg but Mrs. Schnabel. She also stated that Mr. Boardm 's statement on page 9, second paragraph, gave the impression they were discu sing more than one greenhouse, and asked that "small greenhouses" be changed to "a small greenhouse". ' Mr. Langen eld asked that his statement on page 9, I�.th paragraph, asking if' there was large degree af heat be changed to excessive heat. He said he also wishe to explain that on page 10, ltth paragra��h� where he was talking about if a fellow neighbor had stuck this in the back yard, his idea was to merely say that Staff would be �he first to be right, there io make him move it. • Mrs. Gabel stated she would like the following sente�nce added to her statement on page 19 last paragraph (continued on page 20): Perhaps someone could look into this d see if something couldn't be done so a� better situ2tion could be set up. I MOTION by angenfeld, seconded by Peterson, that thE� Planning Commission minutes of June 23 1976 be approved as corrected. Upon a v�oice vote, all voting aye� the motion carried unanimously. � RECEIVE � ' �_J TES OF THE SPEClAL MEETING 0�' THE PAHKS & RECREATION CUMMISSION: E� � Mrs. Shea oted on page 30 of the minutes, the last sentence in the 6th paragraph, which read At this point in time, he (A1r. Petersor�) doesn't think our ordinance is really et up to allow the Commission to create ��roject committees without appointing a chairperson for them. She stated that the Human Hesources Commission had a comp etely opposite viewpoint, and wondered if' this shouldn't be discussed ' Planning Co ission Meeting - July 14, 1976 Page 2 6A 11 at some p their own Mr. Peters member of someone ot: and said i clarificat Commission Mr. Board when they that was realm of it. Mr. the rest t. She added that they allowed their proj.ect committees to elect airperson. .' • stated that the new ordinance implied that the person who was a e Commission could serve, or that the Commission could appoint r than the Commissioner to be the chairp�erson. Mrs. Shea disagreed, d;dn't really say that one way or another, and she felt it needed n. She stated the committee may be chaired b,y a member of the nd at least one member of the Commission shall act as liaison. n stated he thought it was pretty much the prerogative of the Commission et up t7e regulations for the committees. Chairperson Harris saicl e way he understood it� and added that he thought it was within the e individual member commissions and the w�ay they wanted to handle terson said he just didn't want to be �iv�ing wrong information to t:e Cor�-nission, but there was no problerri as far as he was concerned. rlrs. Shea sked if it would be possible to get a map at some time from Parks and Recrea ion on the project committee areas, and Nir. Boardman passed out to the Commis ion copies of the maps. MOTlON by e receive th meeting of J unanimousl. . RECEIVE terson, seconded by Langenfeld, that the� Planning Commission minutes of the Special Meeting of the Pa�rks and Recreation Commission une 14, 1976. Upon a voice vote, all vc�ting aye, the motion carried AL QUALITY CO��TMiISSION MINUTES: JUN Mr. Langen eld sta�ed that the last sentence in the lt�Ch paragraph on page �i0 should rea r^sst instead of most� He also commented� that on page l�2, the last sente ce in t:�e third paragraph should read Lead Anoka County IIzgineer. Mr. Boardm said he would like to discuss some of the problems that the Fridley �.h ironmental Quality Commission was having in finding a direction to go--the'r scope. He stated he thought it might be taise to have some direction ome down from the Planning Commission to the �hvironesrmtal Commission. Mr. Harris suggested adding that as Item 3A. MOT10N by eterson, seconded by Bergman, that the Er.�vironmental Quality Commission�s direction e added to the agenda as Item 3A. Upon �i voice vote, a11 voting aye, the motion carried unanimously. Chairperso F?arris asked Mr. Langenfeld where they �,rere on the mining ordinance, and Mr. L genfeld said the Commission members had clecided to read Code 70 and the mi ing ordinance and also Golden Valley's arid take down their comments. He said th .y then wanted to come up with a new Code 211 mining ordinance. MOTION by the minut Upon a vo ' ( ' iea, seconded by Langenfeld, that the FlFinning Commission receine of the IIivironmental Quality Comrnission meeting of June 15, 1976. � vote, all voting aye, the motion carriE�d unanimously. ' Planning Co�mission Aieetin� - JuZy ��, 1976 � HECEIVE PA.K�S �1 RE��EATION CONR�IISSION MINUTES: JUNE 28, 1976 Mr. Peters the agenda to be part Ieft off. Mr. Langen and RecrPa very w ell. Page 3 � B sai� ne would like to �oint oui the two items that were added to page �b. He statsd that these were it�ems �hat, by motion, were the �une agenda; but due to an oversigJzt they were inadvertently d stated that he had attended the �une 28th meeting of the Parks n Com�iss'ion and commentzd thai Mr. Pet�erson handles a Commission Chairperson Harris said ihai he had a question on pr�ject committees, and � noted that s ze read tnrough he noticed there were some committees that seemed well- staff'ed and so�e weren't so well-staffed. Mr. Peterson said that when the ' idea was fi st brought to the rest oi the Commission there tended to be some � doubts that t^ey would be able to fill thirteen neighborhood project committees, so the cour e of action that was decided upon was that the Commission would take the respons'bility to appoint thirteen chairpeople. He s�ated that each Commissione has to bri.ng in a11 of the names of people he knew who would like ,, to serve. e continued that they had gotten a front page article in the Sun stating th t anybody who was interested should call in, and memos were sent to each member of the Planning Commission and each City Council person asking for ' , suggestions. '�lr. Peterson stated that the reason some areas have more names than others �aas because they didn�t get many names suggested out of a neighbor- hood. Chairperso Harris noted that in neighborhood 11 the�re was no one on the committee. Mr. Peters n said 'ne would like to respectful�y note� that Mr. Harris, as Chair- person, wa given tne opportunity to submit names fc�r each one of the neighbor- hoods; and also, the Park Commissicner who accepted responsibility for that particular area had not sent in any names. Mr. Pete�rson stated that at this point the hair we�ld probabl�T exez•cise his prerogat,ive and make an arbitrary appointmen , but tnat was against the rules of proce:dure that was established by the Co, ission. iie added that something would bE� done; either �he chair would exercise h's prerogative or the Commissioner would t>e contactad one more time anci asked ar a name for that ar�a. Chairperso Harris asked if Mx. Peterson had receivE:d the list of names he had submitted or area 3. i�ir. Peterson said he rras surE: they did, but Yie couldn't say he han led it �ersonall,y. Mr. Harris said he h�id given Mr. t3oardman a verbal lis , a�d he had written it do-�an. rlr. Boardrnan stated he had given that list to rir Peterson. Mr. Harris said he would be :�ure to give Mr. Boardman another li t, and added that his concern was that every area get representation. Mr. Peters Commission had the cl on a proje chairperso He. said it Peterson t �I , � ' n said he wanted to comr�ent that some of the Staff' and some of the rs were astonished and very pleased at their last meeting when they .ssroom almost full of interested people �aho had volunteered to serve t commit;e�. He furthCr said that they had 11 out of 12 appointed s attend, plus four or five people in adciition to the chairpersons. was even beyond the expectations that he and Mr. Boardman had. Mr. ld the members oi' the Commission that ii they had names to go in any ' Planning (; � ' ssion rieeting - July ll�, 1976 Pa�e � 6 C area to ple se submit them as-they were still workin�; with the chairpeople. i, He also poi ted out that the names �'or each project c:ommittee would be submitted to the Comm ssion for review so tney wouldn't have or,�e chairperson and four neighoors, s they wanted representation from the ent,ire neighborhood. � � MO'1'ION by P terson, seconded by tsergman, that tne Planning Commission receive the minutes of the Parks and ltecreation Commission me�eting of June 28, 1976. Upon a voic vote, all voting aye, tne motion carriec� unanimously. RECEIVE APP�AIS COi•g�ISSION MINU�'ES: JUNE 29, 1976 Mrs. Gabel aid that these minutes were not available� at the Appeals Commission meeting hel July 13th, but in reading them over she did not see any corrections or� addition . Chairperson Harris said thai again he would like to c:ommend the Appeals Commission for their d'ligent work, and added that it seemed the�y were handling a vast amount of w rk lately and doing it in an expeditious manner. MOTION by C mznutes of all voting Mr. Petersc that the Pa the budget, Mr. Boardma bel, seconded by Shea, that the Planning Commission receive the hE Appeals Commission ineeting of June 29, 1976. Upon a voice vote, ye, the motion carried unanimously. said that before mov�.ng on to the next i.tem he wanted to comment ks and Recreation Commission had a special meeting on July b concerning and he had hoped that the minutes would ��e available at this time. explai.ned those minu�es were in the proc:ess of being prepared. Mrs. Shea n ted they had not yet received the minutes of the Human Resources Commission eeting of July 1, 1976. Chairperson Harr�is suggested these minutes be held and added as 3B on the agenda. MOTION by S ea� seconded by Gabe1, that the Human Resources Commision minutes of.�he July l� 1976 meeting be added as Item 3B on the agenda. Upon a voice vote, all v ting aye, the motion carried unanimously. - 1. TABI,EDs � PUBLIC HEARING: CONSIDERATION Ok' A PRELIA4IN:4ttY PLAT, P.S. #?6- INNSBRu�K NORTH REPLAT THIRD ADDITION, BY DAtcHEL A. 'r'AKH D�VELOP.iF:NT CUH UItA'1'lU1V; tseing a replat ox� Lots 1�to 1.t inclusive, i�.�ocxs �1 � and als part of Lot 1, Block 28, lnnsbruck North Townhouses to allo changes in the size of garages, genera.l.ly located�on of East Bavarian Pass and South of Meister Road N.E. I� �� Public Mr. 130 be con open. ....�v�a6u �.+� Thzrd Addition, the West side explained that Mr. James London had called and asked that this item as he could not attend this meeting. MOTION by Peterson, seconded by 13ergman, that the Planning Commission table the Fublic Heari g on consideration oi a prelirninary plat, P.S. #76-05, innsbruck North Repla Third Addition, by Darrel A. �'arr Development Corporation, with the Public Hearing open, until the next regular mesting of the Planning Commission. Upon a voice vote� all voting aye, the motion carried unanimously. , ' Planning Cor�tmission Meeting - July 1�� 1976 2. PU�3LIC constru for sto Hills A t�'. Youva Page 5 6 � A�iINt�: RE�UEST FOR A SPECIAL USE PEttMI'.P, SP #76-10, BY YOUVA .er :ri ey City ode, Section ?_0 .0 2, 2., A, to allow the ion of a second accessory building, a dE�tached double garage � ge of two Model "At' automobiles, on Lot 20, lilock l�,, Moore Lake ition, the same being ].337 Hi2lcrest Dr:ive 1V.E. sar was present. MOTIOtV by P terson, seconded by �ergman, that the Pl��nning Commission open the Public earing on the reouest for a Special Use J?ermit, SP #76-10, by Youva Klucs . Upon a voice vote, all voting aye, Chairperson Harris declared the Public earing open ai 8:05 P.M. - Mr. Boardm explained that this was a request for a S�ecial Use Permit for a,second ac essory building•to house two Model "A" automobiles. He said that at the pres nt time the cars were outside and Mr. Klucsar would like to construct a two-car g age to store these in, and added that h�e presently had an attached garage to t e house. rlr. I3oardman explained this wo�zld be located in the rear yard toward the Northwest corner of the property, an�� said that Staff had no objections o this with two stipulationss 1) This �;arage carinot and will not be used for home occupation, and 2) It must meet all setback code requirements and cannot e set any closer to the front yard than �the neighboring house to the ?dest. I�Irr. Klucsar stated that he would be willing to meet all the regulations oi the City of P'ridley. He said that this gaxage taould be used to store his cars becaus they were not being used for transportation� and he also liked to keep his front garage clean so when the garage do��r was open it would look neat and no cluttered. Chairperson Harris asked how large a building he was proposing, and Mr. Klucsar answered ab ut 22' X 22' or 22' X 21�'. He said he would be willing to follow whatever th city ordinance said, but the main thing was to get the cars under cover. I�ir. Klucsar stated that he was told idhen he moved in that he could build anoth r garage, and if he had known he couldn't he wouldn�t have bought the house. Mrs. uabel aid she would like to know Y1DW big the lot was� and Mr. Klucsar replied it as approximately 102' X 1l�4'. He added that the garage would be almost out f sight because trees would be hiding it' and there would be no drive�aay. ;rs. Gabel then asked if Code didn't require him to have a driveway to his gara e, ana r�. Boardman said they would have to take a look at the situation a he was not sure if it would be required or not. Chairperson Harris asked if these vehicles were licensed, and Mr. Klucsar � answered th t they were licensed once, and that was all that was required. He explai.ne they could not be used for drivin� a11 the time like a regular cax, but on y for parades or shows. � Air. Bergma to the siz ' 2lt0 feet. that. �� asked if the requirement for a Special Use Permit wasn't relative of the second accessory building, and Mr. Boardman answered over 4r. Harris po,inted out that Mr. Klucsar was proposing almost double Planning Cominission Meeiing - July 1�, 1976 � P�� 6 G E Mr. Langenfeld said he Frould like to ask if Mr. Klucsar worked on these Model "A"s and just kept them up as a hobby, and Mr. Klucsar said that fixing a flat tire or polishing them was about the extent of the work he did on them. He added that hey did not require much work as they were in good shape. Mr. Langenfeld sked if there was a lot of traffic (people or businesses) coming on the prem'ses to look at the automobiles. Mr. Klucsar repl'ied there were not, and sa'd he took the cars to shows like at Apache or Har Mar� but people did not com on his premises to see them. Mr. Peterso said he wondered if Mr. Klucsar unders�c�od the stipulatians Mr. Boardm�.n ha mentioned� and pointed out that one was that it wouldn�t be a home busine s. I��ir. Klucsar said he thought he under:�tood them and would iollow any les he had to. He stated this was not a business, and explained hs was reti ing from his job and did not want to be t;he richest man in the cemetary bu wanted to have a little fun before he got there. Chairperson Harris asked if it would be agreeable th��.t the stucture be compatible with the ex sting structure, and Mr. Klucsar replied that the outside would be just as ice as his house. He explained that he had too much invested in his house t make it be worth less money or have the nei�hbors get, mad at him. He added th t around the corner from his house there �aas another dwelling �hat had another two-car garage in the back, and it looke�� very neat. He stated he fel� this w uld look better than having his two cars covered �rith a taxp,, and he wanted t keep his neighborhood looking nice. AZr. Harris said he meant would the o tside finish of the garage be compatible with the house and existing structure, and Mr. Klucsar replied it would have the same siding as his Ytouse and k�ould ook as if it were originally built ai the sarie time. Mr. Langen eld noted that Mr. Klucsar wished to have this double garage for the storag of two P�Iodel "A"s, and asked if it would. always be used for that. Mr. Klucsa explained that he did have other vintage cars so he might take one of the Mode� "A"s out and put his 1938 Buick in, but as long as he lived that was a 1 it would be used for. He further explained he owned other property where his ther automobiles were stored. He stated that after he was gone the new o ers could probably use an extra garage a�� one garage really wasn't enough for a house that has five bedrooms. Mr. Lan�;enfeld said that what he was trying to get at was that maybe by definition it; would be nothing but a storage bu lding. Chairperson Harris said it �ras a second accessory building in excess f 2l�0 square feet, whether it was a gara�;e or a storage building� so it did equire a Special Use Permit. MO'1'ION by Public He Klucsar. Yublic He MOTIOiv by recommend SP #�76-10, allow the gararge fo Lake Hills son, seconded by Shea, that the Plaru�ing Commission close the on the request for a Special Use Permit, SP #76-10, by Youva a voice vote, all voting aye, Chairperson Harris declarect the closed at 8:17 P.M. angenfeld, seconded by t�ergman, that the PZanning Commission o the City Council approval of the request i'or a Special Use Permit� by Youva Klucsar, per �'ridley City Code, Section 205•�52, 2� A� to onstruction of a second accessory building, a detached double storage of two Model "A" automobiles, on Lot 20, tilock !�� Moore Adclition, the same being 133�f Hillcrest Drive, N.E., with the 'I � Plannin g � sion Meeting - July 14, 1976 Page '/ following tipulations: 1) The garage cannot and will not be used f'or home ' occupation and 2) Zt must meet all setback code rE�quirernents and cannot be set any cl ser to the front yard than the neighboring house to the West. Upon a voi e vote, all voting aye, the motion carriE:d unanimously. 3. VACATI N RE�UFS'I' SAV �#76-01� BY KAY��iu A7ESttOBIAN : To vacate the unimproved alley n t3lock 11, Spring tirook Yark Addition, :Lyi.ng between Liberty Street and �:l_ Street N.E. • Mr. Boardm of the 12' petition w that 14 ou by mini-bi l3oardman s there, so He explain and Chairp n explained tnat a petition had been received requesting vacation unimproved dirt alley. He said that the peopye who signed the re noted with an asterisk on the mailing list on page ti4, and noted oi.' 23 families nad signed it. tie said -Ghe alley was being used es and dirt nikes, so it was requsted th.�.t it be closed. Mr. id that the Ci�y did have a drainage and utility easement down f the alley kTas vacated the easernents wo�ald have to be retained. d that people both for and against the vacation were present, rson Harris suggested hearing the pro si�3e first. Mr. Chaxle Sprafka of 280 EIy Street N.E. stated t'hat he would like to explain the logic f why they were proposir.g the alley be vacated. He said the first question t ask was, is it necessary to keep the alley apen? He stated that in �r,ying o arrive at whether it should be ke�t open or not, the following facts should be considered: I. Tl�e alley is not maintained in the winter and is not plowed. If it,� was necessary +o have�an alley, the City would maintain it. 2. I� terms of fire safety, there are fire hydrants on the street o both siass. 3. I is not necessary for any of the 23 residents to have such an a ley to allow them to get into their garages or driveways, as i all instances the homes have access frorr� the street. One home d es have access from the alley, but 2.lso h,as access from the street. For these reasons, P�ir. Sprafka stated, he believed it was not absolutely � necessary to have this alley open. He said if tni�� premise was correct� then he believ d it was important to ask what the will af the majority was of the 23 reside ces along the alley. He stated that to his best information at , this time there were lit names submitted, which wez•e the majority. He added � that he b lieved two peoF3e had asked tb have their names removed from the list� which sti 1 le�t 12 narles out of 23. MY'. Sprafka pointed out tnat this was not to s the remaining 11 were all opposed, as two or three might be in , question. � Mr. Spraf a said he believed the democratic principle should be to follow the , will of t e. majority. He continued thai most of ttie arguments that would be heard at his meeting would be for or against the �illey for different reasons as it wou d provide a convenience for some citizen:> and an inconvenience for others. e stated that it should be the decision c�f the Planning Commission � � GF I' Plannin� Com�nission Meeting - July ll�, 1976 � ' ' � � Page 8 0 to decide wh t the majority of the people want, and t:hey were willing to abide by the will f the majority of the people. • Mrs. Uabel said she understood his points, but noted that he hadn't stated ar�y reasons for anting the alley closed. Mr. Spra.fka said that it presented a �afety hazar for the children of the neighborhood as there were bushes perhaps three feet high, and there was an unnecessary risk that a child could be hurt by a rni.ni-bike or auiomobale driv�ing through the alle,y. He also pointed out that it was a dirt road and i;herefore very dusty and dirty, arid there were a lot of weeds growing there tha-t the City of Fridley does not maintain or try to control. He added that there were a number of motorbikes from other parts of the City that ride through ihe a11ey a1so. He said to sum it up, it was unsightly d dirty� it was a safety hazard, and the housekeeping by the City of A'ridley as not been adequate. , Mr. Langenf Id asked what the extent of use was of th�is alley right now other than mini-b' kes. Nir. Sprafka said there was one fami.ly that used it to any great exten right no�,a. He added thai perhaps an aut,omobile would go through ' the alley t o or three times a dayy maybe more; but t;he vast majority of use came irom o e family. � ' , ' � � Mr. Langenf ld said Mr. Sprafka had mentioned dust, and asked him how he would feel if the alley wo�ald be paved and became a regula�° thoroughfare. Mr. Sprafka said'h� wou d be opposed to it �ecause the risk factor would be increased. He said that i terms of maintenance he was not asking i�hat it be paved, but that some of the holes be filled i.n and the weeds cut. rix. Langenfeld asked if this �ras vacated what most af Mr. Sprafka�s group planned to do with that additional footage. r. Sprafka said that Urauld va.ry, and asked if it was necessary to have an acc ss for utilit,y vehicles. Mr. �3oardman s,�.id that in vacated alleys fences coul be put up to the center line of the all�y; howevert if a utility company com s in and tears down the fence it is not their responsibility. Mr. Sprafka sai that if the alley was turned back to the property owners his own personal p f'erence would be to sod it or perhaps plant hedges or trees. Mr. T�angenfeld sked if there were any plans ior gardens and things of that nature� and 2�ir. Sprxfka said he knew of no such interest. Mr. La.ngenfeld said he would like to make it clear to the people in the audience that the Planning Commission is merely a recorunending body to the City Council. Chairperso Iiarris added that it was the first step in the process. Mr. Peters � by people were peopl tirere they , , who rode t the neighb from ather , � stated tha seemed to n asked if the mini-bikes that were reierred to were used primaxily n the neighborhood, and how f'requent the use was; and also ii' there i'rom other areas using the alle,y for thi.s purpose and if so� why oming to this neighborhood to ride. Nlr. Sprat'ka said that the people rough on motorbikes� to the best of his knowledge� were mostly from rhood. Fie said he did not know for a fac:t that people were coming parts of the city, but that comment had been relayed to him. He the frequency oi use of the al�ey by the mini-bikes varied, and it uri in strec=�!cs and be sporadic. 6G }�irs. Shea sked if thcy had ; no�rmoUiles using the a7�ley in the winter, and Mr. Sprafka re lied they did and that was a problem also. He stated that two years i' ago severa snowmobiles wiped out 20d of his bushes„ He added that the driving back and f rth of mini�bikes or snowmobiles in itse:Lf wasn't all that significant� � ' i �Planning Go ission Meeting - July 1l�, 1976 Page 9 � Ei , � but it was matter of multiple problems. Mr. Spraf�;a stated that he thought ,� often the c nvenience for one family is the inconven9_ence for another family, and said he .felt the will of the majority was very important. , � Mr. Langenf ld asked how many children were involved in this block, and Mr. Sprafka rep ied that it was a very fertile neighbonc�>od. He said there were a Iot of ch ldren within the 23 residences� anct also many on adjacent streets. He added th t at any given time there would be perha��s fifteen to twenty children pl ying up and down the alley. He,said thai; the nur►ber of children from all th homes would be substantially greater th�3n that. Mrs. Gabel sked if in terms of mini-bikes and sr.owmc>biles they were talking about noise pollution, and if the noise factor was s:Lgnificant. AZr. Sprafka replied tha was not a big concern to him; but his objection was tahen a mini- bike or sno obile ran over the hedge, plus the addii;ional risk factor. He stated he f lt it was an unnecessary risk and a child could be hurt. Mr. Bergman said that since there were so many people� in the audience and with , the suggest on that therP is a close vote, he though1� it would be wise at this time to cl ify for everyone some of the affects of -the options involved. He suggested t ere were ihree options: �� l. Lea �._, Con 3. Vac�.te the a11ey designation as is. ue the obvious intent of the al�ey pZan� which would be to e the a.11ey. the alley designation. Mr. Bergman asked Mr. Bo��r.dma.n if he could clarify some of the elements in � th�se three such as in each case, who is responsibl�s for tY:e condition and .the mainten ce; in the case of vacation, to �ahom dof�s the property go and does this a fect taxes; in case of improvement, is there an assessment, etc. . �� i � Mr. Boaxdma of the prop the alley a He said tha in praperty is� the Cit per se, all perhaps onc petitioned do the snow ment. Mr. which case around in t who would b if there wa of the alle: stated that if the alley was vacated fo:r the entire length, half rty o.f the alley would revert to each of the property owners along d maintenance of the alley would a?so re•vert to the property owners. they might have some sli�ht increase in taxes due to the increase acquired. tiir. Boardman said that if the alley was kept the way it of Fridley would not maintain it becaus�s the City does not maintain, ys that are unimproved. He said the weeds would be cut occasionally, a summer. A�Ir. Boardman stated that if �the alley remained and was o make that a permanent alley with bZacktopping, then the city wouZd locaing on that alley. He said in this c,3se there would be an assess- oardman said another option would be to make it a-dead-end a11ey, in he City could not maintain it because a snowplow could not turn ere. He said the maintenance would reve:rt to the property owners nefit from that alley. He said that another possible way a.round this a lot of objectionable traffi.c would be to put a gate on each end and provide all of the property owners �with a key to the gate. Mr. Azad Me rabian, 29� Ely Street, stated that a 12' w:idth had been referred to, and he did ot believe the alley to be that wide. He said a truck could not get through there. Mr. Boardman said the City does :have a 12' right-of'-way in there, but here might be some fences encroaching on the right-of-way. � Plannin g 1 � � ission Meeting - July 14, 1976 Page lU --- - 6 I Mr. William Sicora, 201 Liberty Street rr.E., stated t,hat he was at the �;ast end of the alle and that area was a turn-around place far the snowmobiles and mini- bikes comin down the alley. He sa�.d he personally t;ad a tree destroyed on his property by one of these bikes turning around. He aclded that �rass doesn't grow very well t ere and it is mnre or less being used �'or� a race track. Mr. Sicora stated that he felt an alley, so designated, should k�e used i'or access to garages, bu all the entrances to garages were from the front. He explained that occasi nally someone might want to park a vehic7_e or a boat in tneir back yard� but t at would be a rare occasion. He stated there was no logical reason for a perm ent alley there because of the set up of' the garages facing the street. , Chai_rperson Harris told the audience tnat anyone who wished to would be welcome to look at plat of the area to i'amiliarize themselves with the area. h1rs. Shea asked i the alley across the street was vacatecl, and r1r. Harris replied ' that accord ng to trie plat map there were no alleys �.n that area that were vacated. ri . Boardman said there were some now; the one by Machine, Inc. and one in tsloc 3. � Mr. Sicora tated that it' tne alley were vacated he tiaould maintain the extra �i'ootage and sod it, and he was sure tne neighbors would do the same. He added that the du t made everything dirty, and he didn't ttiink the alley was necessary. Rev. Rodney Sandmon� 23t3 Ely Streei� said he had jus�t purchased the empty lot that i� the e, and his feelings were kind of in betw<�en. He asked if there was any kind of ordinance saying that if there was one g��rage door facing an a11ey, that alley ust remain open. Mr. Boardman said that to the best of his lmowledge there wasn' , but they would take that into consider,3tion. Rev. Sandmon stated that he hap ened to have a garage door facing the al:Ley. I�Ir. Langenfeld asked if it would be permissable�•to partially vacate the a:lley, and Chairperson Harris said it wou d depend on where the lot was. He determined Rev. Sandmon's property was lots 33 & 3�, towards the center of the block. Chairperson Harris asked Hev. Sandmon if he was neit'.zer for or against the vacation, d he replied that looking ai both sides ��i' it he could see there was a probl m. He stated that most people in the neignborhood had small children, d they could get hit by a mini-bike or s.nowmobile. However, he continued, hey could also get run over in the street, and that is where most of them wer . Rev. Sandmon stated that he had a detached garage and could get black dirt hrough the alley or through his front yard, but the people next door could not. He said ihey had a beautiful yard with a lot of shrubs, and if the alley was vacated they could not get black dirt through their yard, but would have to car it by shovel from the front to the back. Mr. Clarence Godlewski, 228 Ely Street N.E., stated that the mini-bikes did come from cross East hiver R�ad and wen-t beiween 30 and 50 mph down the alley, and that should be against the law. He said if one child went out there, everyone was gaing to be sorry. Mr. Godlewski stated that they had been taking care of the alley or the City, cutting the grass and keeping the weeds from coming in the yards. He continued that in the winter the snowmobiles weren't too bad; but if everyone could get in threugh the front, why have an alley in the first place. � Mr. Duane otzko, 290 Ely Street N.E., said that his main concern was each year the proper taxes went up and the value of their property went up� but this alley was very unsightly thing. He stated he felt it wasn't necessary, and � , Planning Corr�mission Meeting - July 14�, 1976 Page 11 ' � � ,- , ' ' � � � � I ' � J if he had t haul dirt in he would bri.ng it through his front yard. He added that his ya d was fenced in and if thE; alley was vaca.ted he would not move the fence back, but he would plant some ti•ees and sod it in. He said he didn't feel they c uld just say they were go:_ng to vacate the alley and let it go at that. He s ated he looked out his wiridow and saw these mini-bikes coming through and kickin� up dust, and h� a?�so wonctered if a youngster got hurt on that proper y who was liable. Mr. Peterso suggested that if there were people in the audience who wished to speak ag inst the vacatian, that they be�heard also. Chairperson Harris explained t at they would hear the pr<>s and cons one at a time so there wouldn't be a verbal brawl. Mr. Peterson said he would like t�o respectiully submit it was the Cha'r's prerogative to keep the crowd in orde:r, hut in fairness to the Commissione s the,y should hear the ar�;uments against the vacating so they had someihing i compare io. He stated he objected to he�aring all of one side at one time. r. Harris said he could gizarantee they wauld hear both sides, but as long as 't was the Chairman's prerogative, they wauld take the pros first. Rev. Sandmo said he wanted to state his feelings wez�e in between, but if having the oor in back of ihe garage would st,op the vacating of the alley, and if he w uld be the main cause of :it, he could ovE�rlook that door. He explained h had an eighteen foot doox in front and a nine foot door in back, so it reall didn't make any differenc:e to him. Chairperson Harris said tney wou]_d now hear those people who wished to speak against the vacation. Mr. Marvin signatures had changed concern wou access to t He said tha their drive� the value o factor was He said som the front s also be ope; a dumping a people woul� campers, an� there was o� against. H� campers, an� small lots. in, so the , asked to si� he felt if ;. stated ther� ;ietala, 239 Liberty Stree-t, N.E., stated he had about. twenty .f people �rho did not want the alley vacat;ed, but some of them their minds .and signed th�s a�ther petiti.ori. He said the first d be the people in the mi.ddle of the blor.k who did not have eir back yards through the front? and felt they needed the alley. � assuming they do have an access, they didn't want big trucks on ays de_livering dirt, etc. He added that he felt it wauld reduce the properties. Mr. Hie�tala stated that as far as the safety oncerned, he didn't think the street was any safer than the alley. garbage trucks quit usin�; the alley and they had garaage piled in reet. He felt if the all�y was open to i:i�:,ility vehicles it should to the residents. He st�ated if it was c:hained it would become ea, and garbage trucks wo,ald r.ot pick up;; if gates were put in� have to stog in the midd:le of the streei� with their boats and that would be dangerous. Mr. Hietala si;ated that they felt if e person who needed the a:11ey, that persc�n should not be diseriminateci explained that people ne�eded the alley j'or storage of boats or the whole area was desig;ned with an allc:y in mind because of the He told the Commission t:nat thQy just had a pla,yground petitioned lley should not be a play;ground. He said that some people had been n the petition for vacati��n even ii' they dicin't care or not, and eople didn't care the,y sh�ouldn't be askec� to sign it anyway. He •were ather reasons, but this was part oJ' them. ' Chairperson Harris asked if he h�d a list of the opposers, and Mr. Hietala ,' replied he id. He said the list had been formed in the last day or two. �' IPlanning Co�mission Meeting - July 11a, 197b �. i i I ' � Page 12 � i� Chairperson Harris brought to i•1r. Hie�tala's attentiori the list of people who had signed he original petition for �vacation. P-ir. �tietala said that the . Bar.tyllas h d moved out, but Mr. Boarciman explained t:hey were siill the fee owners. Mr Hietala said that there ��rere three name�s on that list who had changed the'r minds. Mr. fiietala for thirty , used it sev Fitzpatrick go through. where an al he hadn't s pitch a ten said that certain people ��n the block had been using the alley ears, and that should be �;ood enough. HE� added that he, himself� ral times a year. He stated that he had talked to Councilman and he had said that if ��ne persan cppo:>es this, it shouldn't He added that Councilman Fitzpatrick had said he knew of no case ey had been vacated if there is opposition. Mr. �iietala said en that many sno:•rmobiles ��r mini-bikes; �ind on most days you could in the alley and not see anyone for a few hours. Mrs. Shea a ked what the width of the lots were, and rir. Harris replied they were 30' lo s, and most people owned t�ra. He added i;hat there was one lot, which appea ed to be lot 20, that was alone. Mr. Langenf. ld said that in looking over the newly subr�itted list, he found three names that were also on the ori.ginal petition ;�or vacation--Hent�es, Zukowski an Poeriler. He asked if the people who purchased these lots «ere aware of th unimproved alley at the time of purchase� and Mr. Hietala stated that was on of the reasons he bought the house--so ��e could get in the back yard from t e alley. Judy Zukows i, 2l�9 Liberty Street N.E., stated that ;she had signed both petitions. She explain d that the first time she didn't really c:are if the alley was open or closed a it taasn't a problem for her. She s�ateci they had lived in the neighborhoo seven, going on eight years, a.nd when tlzey moved in her children were ages 3 2 and l. She said that now they were 1Q, 9 and 7, so she had gone through the sma11 toddler stage. Sne told tne Commission she didn't really care that m ch, personally, whether the alley was open or closed, but since that time s e had talked to many of her neighbors wh�� would choose to be able to gut thin s in their back yards or build patios at some time in the future and be able to use it for other purposes. She state�� that she found the traffic 'was hardly hing at a�l compared to wher, she first moved in. Another thing, she said, w s that a park had been petitioned in and if these children are so small that hey caxi't play safely in tne alley, then they have no business being there. Mrs Zukowski stated that their lot was one ��f the wider ones (90�), but because of he way their garage was located they had only seven or eight feet beside the arage and house, and it would be much easier to open up the back to haul in ement� etc. She stated that some of the people in favor of leaving the alley t e way it is have lived there almost tliirty years, while most of the ones that w re complaining are ihe ones that have mo�ved in recently. She added that these eople knew the alley was there and no one forced it on them. Mr. Bryan it hl, 220 E1y Street N.E., said he bought :his house last fall and his garage was uilt so close to the house he couldn't park both of his cars there. He stated h planned on moving his ga.rage back about eight feet, and the only w�y to get oncrete in would be to use the alley. He saia he had two traiiers which he ke t behind his garage� and if the alley wa,s closed he would have to ' Planning Com�nission Pleeting - July 14, 1976 � pull tnem t ments that � � kids played son rides h suggested r trafi'ic but � stated that on the gras � � � � � �_l Page 13 G � rough his f'ron�t yard. Mr. Kohl said that some people had made state- t was a safety hazard, but; these sarne people are the ones whose in the street and almost �;et hit. Fie add.ed that his b� year olc3 s bike in t.^.e alley sometimes, but rnostly in the street. Mr. Kohl nning somet:�ing across tnf; center o1' the alley -to stop through still allow people who had access through� the eack to use it. He so:�e people nad already put rocks in the aliey, and he had to drive ta avoid �earing up the iinderside of� hi�, car. i�?r. Langenf' ld said tnat t:�is seemed i:,o be quite a 1<<rge block, and asked if the alley w s cl�sed if it would ninder fire fightin�;. rir. Kohl said he didn't f'ee� it �rou d, and ad�ed tna� ?4r. Brustad had a f ire not long ago and the f'ire trucks ca*�e doPm tne street. Mrs. tvoreen Poehler, 229 Liberty Street N.E., said ttiat after signing the petition i'o vacation had cnanged her mind and would like to get her name aff of that lis ana put on the second. ;3he saici the re��son she changed her mind was because when t�ey f�rst talked about it, the main thing Vras L':e factor of' the childr� gettin� hu^t, and nobody :aants to see somebody's child get hurt. However, sh didn't thi.n:�c about the p��ssibility that they might need the a11ey. Afterwards, she said, she got to thinking that they }iad recently had some black dirt hauled in to �:�eir garden, ana t:he only way in :�s through the alley. She said that w s just one .aay tney would use it. I�Srs. ]?oehler said that as far as the chil ren getting :nurt, no one wants to see th�3t, but they did have a playground ne bloc:c «zaa;� and there were the yards to piay in. She stated there were a fe;�r ' ni-bikes, aria ner son had one, but he c�nly rode it occasionally. She continu d that the traffic was much less than it used to be a few years ago; and sn �,anted to oring out the point that if i�t was paved she thought it would bring in more traifzc as it trould be a nicer place to drive through, and none of tne, �ranted th�t. She said she just Ur::.,nted to mention that the alley was used, n t a lot by anycne, but it would be nice to have it open for when they did t•r t to use it. Mrs. Zukows 1 said she ;aould als� like to formally remove her name from the original pe,it�on. � Mr. Donakj H that he use added that ' have to be concerned, Harris aske � replied he garage, and Mr. Franci; and when s� He said th< and thoughi that a cout that area, He added tt II� ' fi, 215 Liberty Street N.E., sta�.ed that he had a small trailer occasionaaly, so he woul.d like to see the alley left open. He is garcage :�:an also used its and if it were closed the cans would auled to the street. He further added that as far as sa.fety was e didn't feel there iaere that many children using it. Chairperson ir he found mini-bikes or snowmobiles G problem� and Mr. Hoff id I70't. Mr. Peterson ask:ed if he kept his garbage cans in the Mr. Hoff replied he kept them in the back of his lot. Poehler, 22Q Liberiy StrE�et N.E., stated. that his son had a mini-bike rin�- car��e he used it a fetir times but has noi� lost interest in it. t he had nevzr seen anybociy doing excessive speeds in the alley, there was mo^e of a prob7_em in the stree�ts. rir. Poeh].er said Ie of peopie nad stated ttie,y would like t,o put sod and trees in cnd the two people who sa:Ld that live on each end of the alley. at he didn't use the allewr that much, but, would like it open so I�' Plannin�; Com�nission Meeting - July 1lt� 197b 1 he could use it if he wanted to. I�!r. Ho��rard tJ thirty years to come down �rere objecti companies co lty t00• H� said he woul ine same. Pag� �4 6 �� lters, 262 Ely Street N.r;., sta#:ed he haci lived there for almost He said he had two boys� who had cars and he had told them not the alley like it was a r�ace track. He said he felt the people g because he used it. He stated he felt that if the utility ld use the alley and othE�r people could use it, he wanted to use added that.his son had a mini-bike ana uses the alley. Mr. �aalters like to see the alley st,ay the same so maybe the taxes would stay I•irs. Shea as ed if tnis request had come up before, and Mr. Ulalters said it came up seve al. years ago by a few neighbors taho wanted to put up a fence at that time. e said he tras asked abouf; it and really objected, and he thought th.e matter as dropped and nothing fux•ther was done a:nout it. Chairperson arris asked one person fi•om each side to summarize the feelings oi his or her group. ' Mr. Charles Sprafka stated that their intentions were good, and their main concern was for their children. He said he had a sma,ll chiZd that he tried to watch closely, but sometimes the child would wandex into the alley. He stated they felt it was in the best iriterest of the c,hildren to avoid a possible accident an vacate the alley. rirs. Marvin Hietala9 239 Liberty N.E.,, said she felt they had a legal right to this acc ss. She stated that if e�ren one person had this right, she dicln�t think it sh uld be taken away. rir. Bergman asked if anyone had an exzsting garage tY�a-t faced the alley, and the answer as no. He tnen asked if <3nyone would war.�t the alley finished, along {d1tY1 tY?e aS essment fo.r same, and one gentlemen said that if the alley couldn't be vacated e would just as soon see '�t improved. Chairperson Harris explained this was ju t a hypothetical question at tnis time, �ind in order for that to happen ther would h�.ve to be a hearing before the City Council and it would be their decis'on whether to improve or not improve the a11ey. He further explained the Plannin Cammiss�_on could possibly recommend that type of action in their motion, but that would be a separate .�ction. T'x. Ber�man stated he had Iooked at tl�e so-called sec;ond petition against the ��acation of the alley, and his impres;sion was that those were apparently valid� individual ignatures. He asked Mr. :Boardman if he Yiad f amiliarity with the original pe ition favoring the vacation of the alley and ii' those were valid signatures lso. A1r. �3oardman said t'.hat the signatures could be found on page 83. k�e noted th t t�,�o of �hose people had forma.11y reque:�ted their names dropped off, and a hird (Marge Hentges) had signed both pet'�tions and was not in the audience. hairFerson Harris said he:r name should then be dropped f'rom both petitions. � PSOTION by Bf ; t.he petitioi 1 voting aye, I' �rgman, seconded by Peters�n, that the Pl��nnin� Gommission receive � in f'avor o.f the vacation of the alley. Upon a voice vote, a11 the motion carried u.nanimousl��. I� P).anning Corr�mi_ssion P^eeting - Ju1y 11�„ 1976 I� , ___ Page 15 6 TJ MOTIOtv by B�rgman, seconded by Peterson, that the Planning Commission receive the petitio agaznst the vacation of i;he alley. Mr. Langenf ld asked what the exact number of names were on the second petition. Mr. Boardm said that moving Mrs. Poehler's name to this one, there would be 21 signatur s, or 20 without A�farge Heritges. Ne e:�p?a.ined that on the first petition (i favor of vacation), excluding the names of tvoreen Poehler and Judy Zukows i(who asked their names be dropped) and I✓arge Hentges (who had si�ned both but was not in the audience) there were a.lso 20 names. At this poi t several peop].e in the audience asked to have their names removed. from one li t and added to another. T�r. Bergman saic', he would like to clarify his motion. He stated that the or'fic_�al, documented requests urere part of �Zis motion, wit no other changes. Chair��erson Harris s��id those people who wished to add thei names to these petitions should write a no-te and give it to the secretaries in the office tomorrow, and it would be �submitted to the Council with the pe ition. UPON A VOIC� VOTE, all voting aye, th�= motion carried un animously. MOTION by I, genfeld, secandec� by �iergman, that the �Planning Commission recommend to tl-ie City Counci� denial of the request for vacati��n, SAV #76-Olt, by Karen Mesrobian, o vacate the unimproved alley in t3lock 1'l, Spring Brook Park AddS,ti.on, 1 ing oetween I,iberty 5treet a.nd Ely Street N.E. '� Mr. Langenf ld said that before he v�ent any further he wished to point out that this i a difficult thing to do with the situation they had here. He ' said that w' thout questian, safety tiaa.s important to bear in mind, and the ,� matter of m jority rules t�Tas also very impertant. He said he wished to deny this vacati n for the following r�asons: I� i� 1. Th wi 2. Th pr 3. Sa wo appears to be uncertair.�ty as to where the neighbors really to go, as there is approximately a tie situation. purchaser, or• renter, was aware of the unimproved alley and the lems that could exist, y is a problem no matter whicn way the vote would go. In other , those that were in the alley would go in the street� etc. !�. As to the ruling as far as one person ��rishir�g to keep this alley op n, Air. Langenfelc� said he �aould like to "ee that verified. 5. Mr Langenfeld said he would like to see thE� Comrnission recommend as a separate action the possibility o.f impY•oving the alley so there wo ld be no question as to i-ts usags. Mr. Bergmat� said he wouJ.d like to comment that he sE�conded the motion with tne know2edge t�hat there was sizable opposition to the i•equest to vacate the a11ey. Mrs. Gabel�said that with reference �to improving thE� alley, she didn't think it had Uee determined that the peop:le want ihe a11E�y to be improved. , Planning Corr�mission Meeting - July ll�.� 1976 � , � � Page 16 6 � Chairperson harris stated that it appE�ared that status quo with the alley from the testimo y they had received was not a desirable f'actor, and that something had to happ n with eit�er improvement or traffic cont;rol. He said that ii seemed to h'm that the Police Departm��nt was reluctarit to patrol an unimproved right-of-wa . I�ir. Harris said that tlze area was almost built to its maximum, so the situ tion that has existed since 19l�f3, in his opinion, could not continue any longer. He said that either they were going to tiave an alley or they were not, but if they were going to have an alley it shou7'_d be improved. Mr. Langeni' ld said that he would lik�e to indicate that those who may object to the outc me of this particular motion had the right to appeal to the City Council. C'airperson Harris agreed and told the aud'�ence �hat their actions �rere nat fi a1, and the City Council •would have i'ina:L action on this. Mrs. �abel tated that there had been a statement macie earlier that if there � was one per on against it, an alle,y wouldn't be vaca�ted, and she knew that wasn't true from personal experience. She said she ?�anted to state that so some of the people wouldn't become discouraged. ' �� UPON A ROLL CALL vOTE, Bergman, LangenYeld and Harri;s voted aye; Peterson, Gabel and S ea voted nay. The vote being 3-3, it w.as a tie vote. MOTION by P terson, seconded by Shea, that tne Planning Commission send this on to the C ty Council with no recommendation. Upon a voice vote, all voting aye, the mo ion carried unanimously. Cnairperson Harris said that this wou.ld go on to the City Council i'or their deliberatio � an� the Public Hearing would be set for August 9, 19fd. Chairperson Harris declared a recess at 10:10 and recon�rened the meeting at 10:35 P.M. d P•1r. tsoardma the minutes i•.ere flound looking at. the load of more into d City Staff him that th by itsel� tti occupation� into this t follow so t inspection: Chairpers they were not the d Y E1vVIHUNI�1EtvTAL �?UALITY �Oi'��iI��SI01V SCOPE said that tr�e reason ne brought this up was that in reading through of the Environmental (�uai_ity Commission it seemed to him that they ring for what their responsibilities are and tahat they should be He stated that the whole point of the reor�anization was to take the Commissions as far as the day to da.y activity work� and get veloping standards, goal,�, or guidelines which zaould direct the o carry the main ].oad of those procedures. He said it seemed to E�vironmental Commission was trying to take on some of that load th their suggestion of reviewing permit�, and reviewing home r1r. Boardman said if the F,hvironmental. Commission wanted to gei �pe of thing, it should be: making recommendations on procedures to �at the City Staff would :"ollow that ordErr and be doing the actual and permit processing. Harris said that as he rE�ad the minutes he got the gist that when lking about home occupat:i.ons they were ].00king at the ordinance and to day activity work. M�^. Langenfeld s��id they had looked at the i' Planning Ca��nission Meeting - July l�, 1976 Page 17 6 P � ordinance d then the discussion snowballed a little, and thai they talked ' abou.t certa'n people violating home o�cupaiion but ii' 3t didn't bother anybody � � e1se, leave it alone, etc. � Mr. t3oardma stated "... these appli Fridley". should be h commission istrator ha said tnat on page !� of tlae Environmenta:! Commission minutes it he �vironmental Commissi��n or some other. commission should review ations indi ridually ta de�termine what is mining in the City of e said that on page 5 it :said "He also felt these occupations ndled ;ndivi:ually and a permit process should go through same r �ublic hearing of some :kind other than having the Zoning Admin- e sole responsibility". i�tr. Boardrn said tne,y were trying to get rid of the load on the Commissions as to the p rmit process, and this was the whole pur��ose of the reorganization� along with utting the Co;nmissions more into develop:ing policies so that the Ci'ty Staff ould follotir. He stated t�hat he had notic:ed this in other Commissions also, where it see�ed they wanted to get into the actu.al permzt process. Mr. Harris poin ed out that �t was a Staff person who had made. the statement on page 5 that Mr. Boardman had referred to. rfr. Peterso pointed out that on page 6, Brother Sul:Livan had stated that the Commission hould make lrnown to the Planning Gommiss:ion that the Environmental Commission ntends to maKe recommendations or revisi��ns on Chapter 212-Mi.ning Sand and Gr vel. As. Peterson said that was basical:Ly what they were �.sked to do. 2ir. Boardm s aid that in not only looking at these �ninutes, but minutes from before, als , there was in some cases some feeling tlnat they were not sure of the dire tion they were supposed to go with this thing. Mr. Boardman again stated that the whole purpose of the reorganization •was to take the day to day activ,'Zty lo d off os� the Commissions and get them into poli�y development to give Staff irection. Mr. Langenf ld said there was one thing Mr. Boardma.n may not have caught on ihe mining is�ussion, and said they just mer.ely wanted to ha�e the permits shok*n to th Cor�mission ��hile there was this state of limbo, and that they oughi to ge an ordinance. Air. Boardman said then the problem would be what they i�rere g ing to do wiih them. Mr. Langenf ld asked if ne would have been better off inerely saying something to the effe t that this ordinance isn,'t very �ood and recommend a complete re-wording. Mr. Boardman said that t.he IIivironmental Commission had been sometahat mi directed by �taff as fax as what the UBC 70 was. He stated that it was stri tly a building code and �;rading that goes along with bui3:ding. He said that m'ning and excavating was c;ompletely different--the purpose there was to pull materials out of the ground for selling. "" Chairpersor ', , he felt thf f:hey had ii Alteration so they coi ;' without son � Harris said that while tr�ey were discussing 212 and Chapter 70, °e it*as more to mining thar.� just sand and gravel, and that was where ; hole in the ordinance. rir. Boardman suggested calling it a Land ?eriut, and said there shcruld be some ty��e of a permit process Ldn't cut do�,n trees and ather things related to land alteration ; type of a review or perrnit process. � Pla.nni.ng Com�nission Meeting - July 1lt, 1976 Page 18 6 Q 'I ' Mr. Langenfe ordinance bu said tney ju same control direction on fill and any d asked if they should th�en sta,y away �'rom the wording of the merely recommend that ce�rtaa.n points be included. rlr. lioardman {; Vaanted some direction. He said that if Environmental wanted over the alteration of �;rowth or �irt on property, give Staff that and they •.��ould tirrite up a code. He added they should include type of land alteration. . Mr. Peterson aslced if �rrhen he was talk:ing about Iand alteration t�Ir. t�oardman was talking zbout some home o�mer who decides to cut down a couple of trees and put in s me sod. I�Ir. Boardman sai.d 'ne was talking mainly about earth moving other than er.cavation for a home or structure, possibly even grading for a parkin lot that is not connected to a bui].d:�ng. Chairperson arris said he t•;a,s concerned abo�.zt the ??_0 acres of black dirt or peat up N rth of 79th Street, U@tSJeen iTniversity and the railrc�ad tracks, that is bein indiscriminately dug out; and left. , ASrs. Gabel ' and i�Ir . Bo a. something s t,rithout a p ' � He said he the permit allowed the: ' all dirt-di said he fel that they w ' � � ked if there would be provisions fer restoration of the Iand, man said that ��Tas the titiThole idea. He sa.id they were looking for on�er than a$50 bond. �ie stated that these people were operating mit, and there ��ere four separate operat�ions �oing on up there. rsonally felt they shoulci be shut down until they could go through ocess on th� thing. Iie added that P�Ir. G1son ha.d inspected and to continue operation uni,il such time as a rneeting is set up ��ith ing operations in order i�o start this pe�rriit process. rir. Harris they should be shut do:an until they got some sort of an agreement ld grade off tahat is 1ef11 there. Mr. Langenf ld said that on page 6 of the Enviro�ment,al �uality Commission's minutes the t�rolzld notice the corrunent mad.e b,y Brother Sullivar., and pointed out the sta ement made by Lee Ann Spor.re which indicated they were starting to go in th right direction. fie then asked T�1r. B�ar�dman if they vrere supposed to go into he actual S�rording of i.he ordinance or not;. He said he felt that one ordinan e wa.s really �ad, and thev could sit up all night going over that� so there wa a problem. �Sr. Boardman said that he thought it looked like it was � time for th Cit,y Staff to sit do�,an and do up somethi.ng the,y felt ti•�ould be necess�ry o it, and then �ring it back to the F�ivircrnmental Commission. He said he tho ght at this time they should see if they should shut do�fm those operatior_s o make sure that more rape of the land dc>es not occur. i�ir. Langenf ld said that as the Chairman of the Fri.d]_ey Lhvironmental Quality '� Com.mission e would like to state tha�t tr�e City of r'i•idley should definitely try to use hatever me ��s to put a ha:lt ta the destrtiction of current soil conditions d make sure it is restored to original order. �I� �_J Chairperson Harris suggested issuing +� permit to the:>e operat�.ons for a specific amount of i e(30 - 60 - 9� days), ia:ith the stip�_tlai,ion on the permit that at the time th new ordinai-ice comes into effect the old permit is then expired and they mu t reapply under the new o:rdinance. He st:ggested rir. Boardman talk to Mr. Herr ck on this to make sure tl-iat they were ori solid ground, and said he just kne f'rom past experience tha�t the,y were goirig to wind up in court with at least on of iho�e operations. � Planning Cor�►mission Meetin� - Jul.y 1la� 1976 P��P z9 6 R ■ Mr. Lan�enf ld asked it they could dr�ap this topic arid wait for an ordinance to be drawn up, ana then review it. i'�1r. t3oardman said he tr:ought r,r. Olson � had delayed a meeting with the dirt d�iggers to bring this to the r�vironmental Commission o f'ind out �•;ha.t direction should be taker� on it. He said he �rould talk to som people tomorrow to see if they couldn't shut doan �ne operat:on � immediatel,y ancl start working on a,n o:rdinance to bring before .the �vironmental Commission s soon as possible. �, NIr. Boardm said that as far as his concern as to ttie extent a Commission gets into t e day to day activities� in all cases he would like to see that removed fro the responsibilities of the Commissions and carried on by the II City Staff. He stated that the Commissions had othe�° things to do besides ' Iook at ind vidual permit procedures. �'i ' I� RECEIVF HUM�1v RESOURCES CO2�IMISSION MINUTES: JULY l, 1976 Mrs, Shea s ated she hadn't eeen at this meeting, bu�t could give a little background n the one motion. She explained that in June Staff had �.sked the Human R sources Commission if they were budgeted �rith some money, what their prior'ties would be. She stated this would be an alternative to the way it was andled last year when individual groups :requested funding; the Fine prts C rrunittee3 for example. She said that the� sat dofrn and tried to taork out a udget with the $10�000 figure thai was given to them. Tir. Peters xecreation tiaould be a didn't thi one of the the Senior perhaps th askea t'or stated he put into t asked if Mrs. Shea was a.ware of' the fact that the Parks and ommission p�at the Senior Citizens in their budget, and said that uplication. 1�1rs. Shea answered that she was aware o�° that, but the other members oi' the Commission were. She said she thought easons it was included wa.s because las�t;year tney had printed itizens Bulletin, ana tha.t had come to about �15U. She said Commission thought ii' tne Senior Citizens cane to them again and is type of service� they would be abl.e to provide it. Mr. Peterson ough�t it was mostly a du��lication of �ahat Parks and ttecreation ir budget, and Mrs. Shea said tnat was quite possible. Mr. t�oardm said that tnere might be� some duplication under Youtn Center, also. He stated t at althougn Pax xs and H.ec:reation did not budget t'or a Teen Activity Center, the City Cow7czl ai iheir last meeting did put it under the auspices o�' Parks an ttecreation, and there wi.11 be funding r'or a Stat'i' person to ne at that cente . Mr. Langenfeld asxed ii' this was an Fui�ival budget,anci Mrs. Shea replied it was. Mr. Langen eld said he was not tryinr; Lo be argumentative, but it seemed like the reserv for contingency was a bit; excessive. Mrs. Shea said she had a feeling they didn' know what to do with it. She stated tha.t social services wasn't very well xplained, but the City dicl get a request from Coon Kapids r'amily Services a king for considerably more than this. Mr. Bergm said he got �he feeling t;hat if the question were asked, "How much do you nee , and what for?", he had i;he impression t�he answer would come out differentl . Mrs. Shea replied she i�eally didn't kn,ow. She explained the Human Reso rces Commission was walkir�g in the dark� and there was nothing for them to ge a handle on in their Commission. � Plannin� Con�mission Meetin� - July 1�, 1976 � Page 20 � S Mr. Petersor� said he had f'ought the budget battle foz• a number of years, and asked if th City Manager all of a sudden had deci.dect to spread money all over the city to Ue spent. He said that M:rs. Shea's statement of a Staff recommendation puzzled him a bit. Mrs. Shea said she thought the iclea was that last year tney had sa up �;here and listened to these li.ttle requests, and this was so they wouldn t have to go througn that. P4r. Boardrnan said that. he thought there had been cl se to $10,000 requested f:rom different or•ganizations, so the Human Resou ces Commission had been asked if they hac! $10,000, what their priorities ould be for spending. He stated that wa:> his interpretation, and added that hey were saying tney had spent this arnount of money last year and were wonder n� if there was something they had missed. Chairperson Harris stated tnat he was��'t so sure thai; the way it was handl.ed last year m ght not be the best way. Mrs. Gabel aske�d Mrs. Shea if they were given $10,0 0 as a budget, �Tould they have total coni;rol over it or would it go tnrough he process of the City c;o�ancil still hav�.n� the final say over what was do e Faith it. .�:rs. Snea ans�,�Tered that this tiaould go into the actual budget, and maybe they would only all��Vr $2,000, so tYiey might take the top two priorit es. P�Zr. Peterson said th.at according to City procedure, if Council granted the a budget of $10,000, the;y could then spE;nd it for anything they wanted. He stated the Hurian N.esources Commission woiildn't even have to follow their budge . Airs, Shea interjec�ed that this wasn'1; their budget, but the city's budg t. Mr. Peterson said that ance the City adopts the budget, for wha�e�-er do lars it is, then that azno�unt of money coi�ld be spent by that particular omrtission and not necessaril�r even for tYie �tems they budgeted for. Mrs. Shea s ated that this was not a:Human Resources budget,. but was out of the general fund and would not be listed as Human Resources. Mrs. Gabel did they co if the Park and the w �% Commissi any way the long as it sked r1r. Feterson when his Commission �Tas given X:�umber of dollars, trol di sb�sements. Mrs. Peterson a.ns�Je�°ed yes and no. He said and Recreation Commissio:n had been budgf�ted �500,000, the control y that money is spent is about 96�o City Nianager and Director and n. �He added that the�� could move the monies within that budget wanted to and they didn't go back to Co��ncil or anyone else as as approved in that amount. Mr. Boardmaii said that was correct. MOTION by }3 rgman, seconded by Shea, that the Pl�nning Commission receive the minutes of the Human Resources Commission meetin�; of July l, 1976. Upon a voice vot , all voting aye, the motion carried una�7imously. Mr. Langenf ld suggested that for clarification purp��ses they should just forget the figure f$10,000 and use just percentag�s or a�aro rata portion of X dollars. He said tha k�ay they could establish where prioriti��s did lie. Mr. Boardman told Mr. L genfeld that they did have to set a cert,3in limit on the thing. He said he tho ght they had spent this amount of money �Last year, and they �:ere wondering i they had spent it wisely or if tllere we:re more worthwhile or�;anizations that could e f'unded, and this was what they were as!�cing Human Kesources. He stated they were not budgeting money to Human Hesour��es or doing anything yet. Mr. Peterso said that last year when requests c�une through tne Human Resources Commission o Planning to City Council� they were earmarked for special purposes and tnat wa the only w�y they could be spent. If it was in general budgeting, he continue , the City rianager �rould have the authorit,y to spend it anyway he wanted to w'thin that budget and not necessarily on those items. ' Planning Co ission A,eeting - July 1�, 197b Page 21 6T 1 Mr. 3erg:nan what they s said he rras thou�rtt �he should t:.er somebody �a what the;,� a because r::�e laid out an asked if they were real.ly trying to f'ind out from Human Resources ggest oe included in the budget for t}ieir activities. Mr. Boardman not sure wha� the intent of the City Manager's office w�s, but he rrerc �:onderin�; if tne mcney spent last year was wisely spent or be ot�ier t:�ings that should be funded. t�1r. Harris said that unless e in and made a re;uest end asked, how were they supposed to know e. Mr. Boa^dman said he thought this thing ma,y be a bit premature goals and �bjecti.ve:; here established, those objectives would be ariorities ��ou� d be est��blished. i•.r. :'cter�o �:tat�� he , �ke: the �rati- : i �•tas han�led last year, Uecause this ;-ray it t�,�uld �o in�o t^Q �er�ral bud€;�t and they urou.ldn't know where it went. Mr. :iarris said he �hou5�t t.�at :ras t;he �aay it, should be done--the way it was last 1rear. tirs. Gabel stated that she thought the �;:uman Resources Commission did an exc llent job, a�d she would �'_ike to see them have a handle on it. Mrs. Shea aid that in r�gard to Soc�al Services, sl-�e thought the main reason this carne bout i�ras because Coon Rap_ids asked for $�40,000 from tiie City of Fridley be ause Fridley people do use the r'amily Service. T�Ir. Boardman said , it :•ras a1.s because Coe:� Rapids �as running into fiscal monetar,y problems. Chairperso F:arris said if t:�e Fariil;,� Service was bE;ing used b,y more than one coru�init�r ' n �he co�,int�r , then it should be a county function. P4r. Langen eld stated he felt they si.ould vote not i;o concur with the motion by tne H�un Resources CorLm:_ssion, a��d then submit ��. r�otion that Cou.ncil consider at least $,000 (tihis would be eYCluding duplica�tioris of the Youth Center and Senior Cit zens) of public money fro;n general contiizgency f'unds to be allocated to the Hum Rescurces Commission for the cultivation of human �esources develo�men in the Ciiy. I�ss. S:�ea cornmented that ;she wotildn't like to see that money allocated to the Humaz Resources Co��iss:ion. A4r. Peters�n said he would like to offer as a possi'�le moticn that the Planning Com�ission concur with tihe :iuman Resources Commissi��n in the need for cultivation of hurnan r sources, ar�d that th� furtner recoramend t:nat the spending of this come thr��u h on a recorLmendation from Hur�an nesources to Planning to Council to be spen out of the contin�ency fund. He stated that the requests should be considered on an app�_ication basis. Mrs. Gabel said she �rondered if they shouldn't give Mrs.�Shea the opportunity to take th's back to her Commission, but htrs. Shea said she didn�t think tha�t ��as possib e as the Council would 'be� looking at the budget starting August 2. I�'Irs. Gab�l asked r�1r. Boardman if thi.s was somehow being worked into the budget since it w s a Staff ine:^►ber jaho made the reconunendation, and he replied he ratiier dou ted it. Chairpersc somehow, S then when and theY � from therE does get ; was an in� n Harris said he thought what tney were t�rying to do is earmark, 10,000 for all of the pro�jects that come through here. He said that a project went through the Planning Commi.ssion and got to Council pproved it, they would ha�re �10,000 in th.is fund and could iund it . Mrs. Gabel said they sr�ould find a wa,y� to see that some money pent on thin�s like i�'ine E�rts. Mr. Langenfeld commented that this itation to Pandora's Box. I, � Planning Corr�mission Meeting - Jul,y ].4„ 1976 pa�e 22 6� � Chairperson Harris said they thing th�it scared him w��s that it would be learned that the Ci y had �10,000 to spend on this type of triing, requests would come through and be funded and the $10,000 would be disbur•sed. Then, he said, if one more re uest came ihough, Council would say they couldn't fund it as the $10,000 had been spent, and that migh�t be just the orie that should be granted. Mr. Boardma said that i•ras why they wa.nted to see wh<�.t the priorities were. Mr. Harris aid the problem with this was that it wa:� going to wind up like a11 the co, unities doti,m at the HUD office trying to get pet projects approved. iie said the �rould probably have t4�enty requests for $5,000 apiece. i•70T10N by L genfeld, seconded by Peterson, that the Planning Commission recommend t Council that they do not concur with th�e recommendation by the Human Kesou ces Commission tnat Council consider that at least $10,000 of' public mone be allocated to the broa.d area of cultivation oi' human resources development in the City of Fridley, and also does not cDncur with the budget disbursemen of the $10,000 as recorrur�ended by the Human Resources Commission. Upon a voic vote, Harris, Bergman, i�angenfeld, Peterson and Uabel voting aye, Shea abstai ing, the motion carried. MO'1'ION by with the H ment withi: by City mo: come throu Commission Mr. Langen: ' such as co� as it woul� didn't lik� last year. , UPOr� A VQI , . 1�. CONTIN , hqr . tso ardm 5tatement brougnt be had been r � Commission whether th � II ' ' Mr. Peter; germane t� aware of . and Hecre about it Parks and �t recrea they had cammittee now that terson, seconded by tsergman, that the Plannin� Commission agree an Resources Commission in cultivation ot' nurian resources develop- the City ot' r'ridley, rea]_izing that some oY these should be supported es� a.nd rec�mmend to the City Council �th.at each request snould. _ an appeals process through the tiuman T{e�sources Commission to Planning o City Council. eld asked if RSr. Peterson felt he should indicate some kind of source, tingency fund. Nir. Peterson said he didri't think that was necessary be hand].ed out of tne contingency f�nd ��nyway. He added that he to set a dollar limit because in 1977 �� might be more or less than VO'i'E, all voting aye� the motion carried unanimously. ,1F'll: RECOti�1vDA`1'IOivS Otv HUT�AN DEVLLOPi�ErJT GQAIIS AtuD OtsJECI'1VES �n said wnat he was looking f'or at Lhis time was development oi' C�oal Di00� and trying to work that out. He said tnat this was what was i'ore the Planning Commission as Parks and �tecreation goals, and tr,ey e-i�iorked and out into those five program objectives. He told the that what he was looking for from them now was direction as to is is the proper way to go on it. on said he wished io disciiss sometning that wasn't necessarily D100, but he thought it was something the Conunission should be He stated that a couple oi months ago at� a Council meeting Parks tion was criticized by Councilperson Kukowski, and after they thought or awhile �he,r.• decided she probably was ri�;ht. Mr. Peterson said the Recreation Commission theii started a pro„iect committee to only look ion within the City of I�r'idley. He told the Commissioners that if ny thoughts on ihai ii would be we11 t.o €;et in touch with that iie added that maybe the:ir Commissions r�rould want to disauss it he.y do have this project committee activated. � Planning Cor�mission I�feeting - July J.LI, ]976 Mr. Bergman to be Park statement, his underst the Parks a body and to sa�.d this i•r added, and Page 23 6 V asked if it w�.s the intent of D100, whic'.n sncc�mpassed through D15�, nd Heereation's descriptzve pro�;ram objectives, pro�;ram pla.n, goal nd so on. Pfr. i3oardman said that was correct. Mr. Peterson said ndin�; was that was true, but with t.he feeling that at any time that d Recreation Comr•iission through the process of bringing it to this the City Cot:ncil could ex:pand triis as the need arises. 2�Ir. iioarciman ul.d be a very flexible program because program objectives could be ven goal statements,�if r.�ecessary. Nfr. Bergman asked I•Ir. Loardman if he really fel.t that from a weight analysis that if he took the items as described, that the enumeration of items relative to recreation and enumeration of items relati.ve to park design and enumeration of items r lative to elderly activiti_es, etc.� carried in terms of weightiness in the doc entation somn relativii,y to the wei�htir..ess in actual practice. He s`aid that y actual practice he taas :�ncluding staff�ng, funding, expenditures, ' etc. In o her words, he said, he could lcok at what, was written and read a balance of a magni.tude of activities.. He said his c�uestion Uras, does that same balan e actually exist in reali-�y, or sho�aldn'f; he be trying to relate balance. Mr. Boardm said he thought Mr. }3er�;man was lookin�; at 110, I20, 23Q ana z5o all relati g to parks, and 1�0 relat:ing to recreation. He said he thought this was w at rir. Bergman was looking at as far as �aeightiness, but it didn't necessaril work that way. He stated that recreation was one scope within the parks area ar:d park development was broken dotan in�to sever.al thin�s: park system; in ividual park land as far as development, aesthetic qualities, etc.; people or ublic part�icipation with park's programs; special management of those park for recreati.on. He added that recrea�ien was another program. He said that his vras not set up so there t�ras a ba7_ance of things by counting the number of oals. Mr. Boardman explained that all of the balance in recreation might be h dled in one goal or one program objective, whereas four objectives might be n eded �o handle what was :ti�anted in a parks system. t9r. Peters to�r-heavy � versus fac D11t0, and Nir, Peters priorities important represente and were � n said that to ans�aer the: auestion anothex way, that �,*hile it looked s far as facilities versu.s program, the '77 bud�et is 3-1 program lities in terms oi what t,hey had requested. 1�1r. t3ergman then read sked if that T,aas balanced if it was looked at in terms of age graup. n said that iaas a difiicult question to answer, but in terms of the maximum �ount would be spent on yourig peope, the second most egment would be the senior citizens, and the third wauld be those as this body as they haci the money and facilities to go elsewhere so working a.nd had less i;ime to use the facilities. Mr. Lange ield said that he had his notes on this i.tem from when it was discussed previousl � and commented that unde�^ D100 they had apparently decided to rop mote adequate ark facilities, not provid.e. �ie also hact noted that under D131�he haa marked t e handicapped, and asked :if this would be specified as Parks and Kecreatio or just tiuman Development. I�ir. Boardmari said this wottld just be Human Dev lopment, and wouldn't be ;specified as Parks and Hecreation. He stated th t the only reason he had �ut in D131 �nd DY32 ��:as to give some examples� and althou�h the handicapped mi;ht go in someplace, he was not sure if it wou d go under D13G or not. NIr. Bergm n said he thought the general outline loc�ked well organized, and asked Mr. �3oard an tahat l�e was expectin� from the Commis;�ion. Mr. lioardms�n rep�ied � Planni.ng C mmission Meet�.ng - Ju].y ]_!�� 976 Pa�� 6�'� I ' � he was lool�ing f'or appraval. Mr. Langen�'eld said he would like to recoramend that the Planning Uommission approve th goal statements as recomrnended,one statE�ment at a time, so they would be m king sorze headway. NIr. tiergman said he �igreed, but would like to make one s g�estion. ite str�ted tha.t on �oa1 s�3tieme,�c D�O�, he recalled ±hat at sorne ti e in the past he had made the comment that provi.ding oark facilities �rould not ensure his heal.�th and well beirig. He said it might promote it but it wouldn't make him healthy, and stiggested that ensure be changed to rp omote. i�Ir. Boardrnan sa.id that would bE: fine. t�1rs. Shea something see that. MOTIOrd by take these the motion rought ug PZr. �Langenfeld� s suggestion abc�ut putting in some�rhere bout the hax:dzcapped, and the Commi,=sionF�rs agreed they wanted to 1•�r. Boardman said they would get into that. angenfeld, second�d by Peterson, that the Planning Comrcission on a goal statement basis only. Upon a�voice vote, all voting aye, carried un animously. MOTI01� by ergman, seconded by C;abel, that the Plan;�ing Comrnission accept goal state ent D100 as stated. Upon a voice vote, all voting aye, the motion carried un imously. YOuTH CENT R DISCUSSION � Mr. Boardm informed� the Commission that the �ity t;ouncil had taken action on the You h Center, and had gzv�n t,he Commissions that would be involved � thirty day to corr.e up with a representative on•the Charter. Mrs. Gabel said she would like to me:ntion that there caas a member on the � Appeals Co ission who would like tc� serve, if they t,�ere looking for members. She added that she understood tnis individual helped t� organize a youth center in another state some years back, ar�d he would l�.ke to assist. � ' � Chairper � to serve member. rir. Board be appoin days. He interim r members t would a7.s the tempo Council, He added on the pe Harris asked if the Comrnission wanted a. member of this Commission the Board, or if they wanted to appaint someone else besides a an said that first of all„ the people �ppoin�Led at this time woul.a ed to a temporary Board o]: Directors �o serve`not more than thirty stated that during that t:.me they k7ould �;�rite the cnarter, establish les for the youth center and faci.litate t,he election for regular the permanent board. He stated that thc� appointed ex-officio members serve on the permanent bc>ard, ana that t,he six regular members of ary board would havP also the ex-officio members of the Fridley City he Frialey Police DepartmE�nt, and the Paz�ks and Recreation Commission. hat when the charter was written, those c�fficio members would continne manent board. • Mr. Bergm stated that he z•ecollec-ted that the prc>posal ;aas that these members be teena� rs. Tir. Boardman disagreed, and said the�,y had wanted supervision from the ifferent Commissions in tlze writing of tr�eir charter. �hairpers n Harris requested an ans��rer to the quest,i.on he had posed; and again asked i2' his Commission wished to .appoint a membe�° f'rom the Commission as their appointee or ii' they wished tn go �oiitside the Conunission. �� Planning Comrr�ission Meeting - July 14� 19'(b �J Page 25 6 X Mr. Langenfe d answered.that in his persorial opinion, they should appoint someone from the out ide and have that individual inform them of what was going on periodicall,y Mrs. Gabel said she tho�zght they had wc>rked on this so much they had a lot of preconceived ideas, and t;lought if they appointed somebody from the outside that didn't ha.ve any set ideas as to how this should be done they could probably wor with the youth a lot bet-ter. Mr. Ber�man tated he had an alternate thought, and si;ated that he was thinking ' that since t ev all had spent some tim�e on this and h<�d some knowledge oi' it, it would mak some sense that this kno�caledge be appli<�d to this function rather than pulling in a stranger who had no background in tliis at all. � � Chairperson arris said that if the Co:mmission deciae�� to appoint one of its members to t e temporary board, he fe�:t it onl,y fair �that he volunteer as he was the only one who had only two Wednesday nights to, attend per month. MOTION by Pe erson, seconded by Gabel, that Mr. tiarri;s be the Planning Commission's appointee .to the Youth Center�s temporary board of directors. Upon a voice vote, a11 vo ing a�re, the motion carried unanimously. Mr. �3oardman said that hopefully the Chairmen now could serve notice to their Commissions n this a.s to how they wan.t to handle appointing members or ex-officio members at a Commission level. � Mr. tsergman ment that th representati possible to � that if they of these fun tated th�.t he was going t,o suggest or request to Community Develop- y get a volunteer to serv�e on this. He said tnat all of these es were sl:ated to be i'rom some function, and aske� if' it would be ilter a valuntees's name t,hrough Mr. Boardman. Nir. Bergman saici had a volun�eerg he coulc[ serve as � represeniaiive f'or any one � Mr. Board.m said i�, looked to him th�it the youth �aer'e looking for a member from each oi the Commissions eecause those persons on. that Commission were aware oi that Co � ission's f'unction. Mr. H�irris said ttie reading he got f'rom the kids was that th y wanted a member i'rom tllE' City Council, the Planning Cor.imission, etc. 1 I1rs. Shea s id she was assuming that i:.hey would allokr someone to sit in and make suggestions but they wou.idn't have a vote. � A�r. t3oardm said it looked .Like the youth had selected the Planning Commission� the Parks d Recreation Corunission and the Human lte�>ources Commission as Com�nissions that would help get the charter going. � ADJOUxNr1EN�l� � N10T1UN by L genfeld, seconded bv She.a, that the meei;ing be adjourned. Upon a voice vote, all voting a,ye, Chairpers��n Harris decla�°ed the Planning Commission meeting of ul.y l�, 1976 adjourned at 12:21 P.M. by i�nanimous vote. I � ltespectful'. � ,,7d1 She ri Q'� submitted, � . � � �:, ' � �' �`� a� ,.;� � � . - " �' 6 Y �� !,� � SP #76-10 YOUVA KLUCSAR � � � Second Accessory building �� ' . � � � � � so �' - � ��'4 � '�� .'js . � W��flY 9, `�? ,�,` 6'�' e .xs a`r� 1/ �� '0 '�, � �t 2 �l,L .h a.�' _ a � G 1.. , ,� ' • , �q � �` � �h � � - -_�4� � ti� •.3 � .. � � �, B � !•�ortini.tnY' S �rs�. . `} - --- ti , - - -- --,�9. 9 0%2 C�. 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Nancy Lambert, William Scott, Grace Lynch, Harold Belgum MEMBERS ABSE�TT; Barbara Shea OTIiERS PRESE T: Jan Konzak, Administ.rative Assistant Jim Bruder, Chairperson of the Fridley Fine Arts Committee Vice-Chairpe son Lambert opened the mE:eting at 8:05 p.m. • APPROVl�L OF 4INUTES OF JUI�?E 3, 1976 ,�[UMAN RESOURCES C0:�1�'�1ISSION MEETING: � MOTION by Ha old Bel.bum, seconded by William Scott, to approve the minutes of the June 3, 976, Human Resources Co�mission meeting as written. Upon a voice vote, alI vo i_ng aye, the motion carii_ed unanimously. � MATERIAL FR01 CITY riANAGER'S OFFICE OZ; REQtJ�STS FOR FUNDTNG FROM ORGAI�IZATIONS: � � � � � � 6 A�! Mr. Jim Bruder was present at the meet:ing to make a formal request to the Human Resources Conmission for budge.t support for the Fridle� Fine Arts Committee. Mr. Bruder e pLained that the Fridley Fine Arts Conu�ittee is currently a sub- committee of the IIuman Resources Comm:�ssion worlcing also in con�unction with the Fridley Cot unity Schools, so they currenLly are a suUcommittee jointly under the Human Resources Commission and adjUnct to the Fridley Community Schools. They are receivi g funding from both areas. •Mr. Bruder eviewed with the Conmlission the three pages of the Fine Arts Committee's budget--the 1976 Budget Report, the P:roposed 197J Budget, and the 1977 Fundi_ng Source Requ st. He said they had a$2,800 budbeL for 1976•and b}� the end oi the current yea ending December 31, 1976, they will etipend•the complete $2,800. He stated tlat their funding requests for 1977 are $1,000 from the City of Fridley thr ugh the H�man Resources Commission and $1,OOQ from the Community Schools, H said the contr.ibu�i.on from the Conuuunity Schools for 1976 was $1,800, but they fe t it �oas Uetter to balanc�e the con�ribution between the City of Fridley and the Community Schools. 0 � � I� � � IlUA1AN R1;SOUR�I:S COMMLSSION Ml;F.TING, JUI.Y l, 1976 ' 6 �R Pa�c z Mr. ScoL-t co gratulated Mr. Bruder on the tremendous production they put on of "You Can't T ke it With You". Iie slid the benefits to this community for that production c nnot be measured in dollars and cents and said he felt the funding request far 1,000 was a very modest request. Mr. ScoLt as�ed Mr. Bruder what his feelings were about the Fine Arts CommitLee becoming a s �parate com�nission. Mr. Bruder s ated that he has talked with �he other members of the Fine Arts Committee an there are many, not all, who feel it should be a commission. He said, as cha rperson and trying to make tile committee run. he has not eivFn it much thouglit and has remained neutral. He said he could see the Fine Arts Committee growing to t at stature and becoming fully funded by the City, i.f possible. He said it'was very ifficult, in the area of f'ine Arts, to be self-supporting. Ms. Lambert tated that last fall the project committee's reco�nendation when they made th ir evaluation was that ultimately the Fine Arts Committee should be a separate c nnnission, with equal rights with the Parks & Recreation Commission. It is someth ng to work on and sho�ild be the ultimate goal. Al1 the Comm ssion members agreed that the budget request of $1,000 for the Fridley I'ine Arts Committee was a reasonable request. � MOTION by Wi liam Scott, seconded by Grace Lynch, that at the next Fine Arts Committee Bo rd meeting, Mr. Bruder pass on to rhe Committee members the Human Resources Co mission's congratulations on the fine work they have done and the � Commissi.on's hope that tney will continue in tlzis fine worlc. Up�n a voice vote, all voting a�e, the motion carried unanimously. l � � The Commissi�n members listed the following priorities of the organizations they felt sh uld be granted requests for funding: Harol.d Bel�um 1. Fin Arts Committee - $3,000 2. You h Center - $3,000 3. Sen or Citizens - $3,000 William Scott 1. 1'ou h Center - $3,000 2. Fin Arts Coi��ittee - $1,000 3. S.A C.A. - $ S00 4. Sen'or CiCizens - $3,000 '? 5. Nucjeus Clinic - $1,000 (wi h the provision that the Conmissian have someone on th board of directors) 1. 2. 3, 5. 1. 2, 3. 4, Grace Lynch Transportation - 75% S.A.C.A. - 10�/0 Counseling - 1�/0 Youth Center - • 4% Fine Arts. Committee - 1°!e • • Nancy Lambert y Fine Arts Youth Center Senior Citizens Social Service � � • IIUMnN COMMISSZON MTiT:TING, JULY 1, ].97G Pa!�e 3 MOT]'ON by IlarolQ �3elgum, seconded by PJilliam ScoLt, that the Iiuman Resources Comrnission ecommend to Counci]., throuyh the Planning Commission, that they consider th t at least $10,000 of pub:Lic money be allocated to the broad area of cultivation of human resources devcl�pment in L-he City of I�'ridley. Upon a voice vote, all voting aye, the motion carried unanimously. Afier much iscussion the Commission members arrived at the £ollowiny budget on "Request for Funding from Organiz��tions". Fine Arts Comm:ittee - - - - - - 10°. ($1,000) Youth Center- •- - - - - - - - - 30� ($3,000) S.A.C.A.- - - •- - - - - - - - - So ($ 500) Senior Citizen:s - - - - - - - - 10% ($1,000) Social Service:s - - - - - - - - 20� ($2,500) (with the provision that tfie Commission h�as someone on the Board of Directors) � Contingency - �- - - - - - - - - 25% ($2,500) . TOTAL $10,U00 MOTIO?� by S�F � liam Scott, seconded by Grace Lynch, ttiat the Human Resources Commission ecommend to Council, through the Planning Commission, that the above budge be accepted as written. Upon a voice vote, all voting aye, the motion carr ed unanimously. LETTER FROri IGO�'ERNOR'S _CO*II�ffS�IOivT ON 'THE ARTS: The letter �rom the Governor's Commission o;1 the Arts was introduced and appropriate action was taken by the Fine Arts Commii:tee. AFFI£�it�TIVE I �'oCTION The Conuniss on agreed to table the Fridley Affirmative A,ction pr�gram until the August meet ng. �• .n�.�otTrsr�rrr ; Tl�e meeting was adjourned at 10:30 p.m. Respectfully suUmitted, � -��L .��.lML% Lyn� � S:�ba Recordii�g S cretary 0 � CC , � 1 � � � � � CALL TCI ORDER: P.t�f. ROLL CATV COMMISSION MEETING July 7, 1976 e meeting was cal1ed to oirder by Chairman Mark Scott at 7:40 L: Me b�rs Present: Mark Scoti;s Barbara Hughes, Kennei:h Brennen Me bers Absent: A1 Ossenkc}p • Ot ers Present: John Walkmeyer - State Cable Commission Charles Nungerford - Manager of GTV Clyde Mara�vitz - Staff Representative Ba}�bara Hughes was appointedi to take the minutes of the meeting because�the regular secretary was on vacation. APPROVA�. OF MINUTES OF JUNE 9, 19�76, CATV COMMISSION MEETING 7 , MO ION by Kenneth Brennen, seconded by Ba►~bara tiughes, to approve � the min tes of the June 9, 1976, Cable'TeTevision Commission meeting as written Upon a voice vote, all voting aye, t•he motion carried unanimous?y. ' � AMENQMEI�TS TO THE ORDINANCE: Mr. Scoti reported that Dauglas Hedin, attorney, would not be present for thi meeting, but he had revieaved the ordinance and found several needed mendments. Mr.. Hedin sai�� the ordinance also contained incomp1ete sentenc s and typographi�al r^istakes that needed corection. � Th CATV Commission agreed to hold a specia1 mee�.�ng to review the suggest d.changes on Ju1y 15th at 7:00 P.M., if convenient to Mr. Hedin. Mr. Scott said that he would checl< with ��1r. Hedin and notify the Commission members hen this date had been confirmed with Mr. Hedin. (The meeting was � rescheduled far July 15th at 10:3() A.Mo - no quorum present}. � � ' i TASK FORICE REPORT: CAT Commission members Mark Scott, Kenneth Brennen; and B�rbara Hughes, met June 29th with Peter Randolph to discuss survey results and discussed the possibil'ties for increasing the use of public access by community groups. Mr. Randolph presented information abc►ut funding sources that might support grant prop��sal . No • ction was taken on the re�port. No recomrnendations were presented from Cnr iission members on the p�s,sibility of developing a grant proposal. Mr, Kenn th 6rennan pointed out th.�at the Anoka Caunty Cable Communications Workshop a�rould pursue tax exempt status so that it might be eligible for grant fu ds. � I�� CATV C mmission Meeting, July 7„ 1976 SURVEY Paqe 2 7 A � T e Commission members review ed the results of the community survey. The ta ulation was recorded on the attached survey form. A prel�minary rankin for question seven, "Hov,► do you perceive cable TV in Fridley?" � showed � � � � � �J � i 11 Entertainment medium 21 Education medium 3 Technical means of improving video reception 4 Local communication . 5 � Tax revenue producing industry Advertising medium for local business Commen�s under quest�on 5, "What type of programing would you like to see on Cable T�?" are summarized in the attached memo. T e Commission agreed to release the survey forms to General Television for th ir information. UTILIZIING CHANNELS: T e Commission delayed until next month discussion on the memo from Mayor ee on improving utilizati��n of Cable TV channels. Barbara Hughes will g t letters off to the scho��l districts and the library board about their articipati'on in the project. Copies will go to the Cable Commission members and Tom Myhra, School District 14. BUDGET: The Commission reviewed the past budget figures and the proposed 1977 budget. Income from General Television revenues, according to an estimate 6y Jeff ' Marcus, was about $5,000 to $5,51)0, Mark Scott reported. �Mr. Moravetz said there was about $8,800 left in, the Cable TV deposit fund. Mr. Scott said the audited report from General Television Company wou'fd be received by October 1, 1976, according to projections from Mr. Marcus. The audit s ould be done by late August or early September, and the payment from GTV can be expected by October lst. _ � MO ION by Barbara Hughes, seconded by Kenneth Brennen, that the Commission approve a requested budget of �8„770 for the Fiscal Year 1977. Upon a voice vote, a 1 voting aye, the motion carried unanimously. � h10 ION by�Ba�,bara Hughes, seconded by Kenneth Brennen, for a request that the reg latory functions of the (:OI11f111SS1011 be supported by the estimated �5,OQ0 evenue and that the unusal legal fees projected from the proposed I' amendme ts to the Cable Television Ordinance be paid from the Cable Television Depasit Fund or from general funcl revenues. Upon a voice vote, all voting aye, th motion carried unanimouslyo (see attactied budget request). � � CA7 Commission Meeting, July 7, 1976 Paqe 3 SET NEXT t4EETING D1�TE: The next meeting date was set for August 11, 1976, to be held at 7:30 P.M. in the Community Roc�m of the Civic Center. Resp�ctfully submitted, BARB�RA HUGHES Secr tary Pro-tem. 0 � I � � � CI1'Y O1' 1'1:I.DLI:Y CA)31,1; T}:LT;VIS70N__SURVI:Y � � C 'fli • I'IZIDLLY CITY COUNCI:L ANll T11� CI'1'Y CA]31.I: TL'LI:VISION CUMt�1I;iS10;+ 1:i�;QUL''S'1' YUljlt CU01'Litl1'1'IUN At�D PAlt7.'TCil'A'l]:UiJ Zi3 COt�tl'LI:TTTiG TIIIS SU1tVI:Y. ALTIIOUGII QU1:5TI0;1S A1:L DIRLCTL•'l) TO "XOU", 1'IiI:Y ARL•' i•IL:�1t�T '�0 A1'I'l.Y TO ALL 'i'�I.LVISIOiI VII:I��LRS IN YOUR Ii0USE110Lll, SU 1'LLASE 7NC�ORPORATL 'i'FiLTR VI1:WS tN YOUIz ANSIJLRS . *N07'�P.: C111;CK ANY NU2•fPI:R i�F APPROPRIAT� P,O�I:S. 1. Are Ivou a cable subscriber? . a. �.ner::a III onZ;• � 5� i b. esular service only ❑ 2� • c. otli regular and Cinema III service ❑ 118 d. )ave never subscribed ❑ 281 � e. m a past subscriber [� 106 2. FOP� UBSCRIBERS: Wfiy do ;�ou subscribe to cable TV? � � a, eti:er reception ❑ 83 r` ��. b, fore prograr�ming ❑ 100 � � c. ir.cma III [] 260 d, ocal prooramr�ing � 34 e. nformation cliar.nels C �2 , f . er�ote cantrol (� 25 g. ther (please specify) 3. FOP. ON-SU£�SCRIfi�RS: Gdhy clon't you subscribe to cable TV? � Or, £ y.ou were a subscriber, why dici you disconnect? a. ost . ❑ 292 � . b. o rc�ception benefit ❑ c. o programmin� benefit ❑ ��1 d. u TV ❑ � ' e. oi�' C watch TV [] C�1 f. oor cable reception � 23 g. Poor averall cable TV service � �s , � h. Cher (please specify) 4. Have vou wat-checl. A. b. d. I� ' �� Government Access Channel 20 ❑ 5� Citv Council meetin�s � 103 PuUlic Access Channel 25 � 54 Library Story llotir on �eitlier Channel 3 �r Public Access Chann�el 25 [] 30 • jSUlZVI:Y CONTINUI:D ON I3AC}:) � � 7D SURVI:Y � YAGE : 'L�3 � 5. What Lype of programmin� would you like eo sce on caUlc TV? �. The following are ways you can use cable 'TV. Please indicate your interests. AtdARIs OF IN'r�P.i:STP:b IN a. Gei:eral Television studios ❑ 138 [] 43 b. Library vi.deo equiPmez�t ❑ la9 � 60 " c. Ano::a Count}• Co;�mun�cations r �2 Wornshop (club) � 81 � 53 d. Public :�ccess Channel 25 ❑ 125 ❑ 7. How do you perceive cable TV .in Fridley? NuMber in order .oi import2nce. NUPSBER HERE Rating - Educational medium 1055 2.90 - Tax revenue producing industry 1394 4.12 - Lo�al cor.:nuiiicatian tool 1206 3.32 - Entcrtain:�ent medium 784 1.98 - Advertisin� riediur� f or local business 1572 4.62 - Techrical means of in:proving video reception a31d gragram scope 1Q96 3.18 SiG\ TI�� Slli��lEl ONL1 IF YOU SO DESI1'.I.: *NOT� - PLiASE SUB;IIT TIiIS CO�iPLLTLD SURV�Y IN Tt1E ENCLOSED POSTAG'r.-PATD T:NVLLOI'L•' ADDRI;SSL'D TO TlIL CITY OF FRIDL�Y . T11:'�NK YOU FOF. YOUh COU1'LRA'iI()� A:Ill PAI:TICI1'ATTON. 0 Yot�fi CAi3LE T1?.LE�'ISION COTtMISSIOivE}tS, Mark Scott, Chairperson Ken ]3rennen � Johti� llaines Nanci Idrubel n��rUara tlu�;hes Clydc V. MoraveCz, Staff Fep. 0 � 1 ' � � � � � AI�S VERS TO QUESTIQN 2(g) Otraer (please) s��ecify for the question FOR SUBSCRIBERS: Wf�Y DO YOU SUBSCRIBE TO CABLE TV? Ans ers to the question 2(g} were allotted to answel•s a through f whexe app opriate. Some of the comments written ::ere clearly for movies, Cin ma III, more programming or better reception. The comments below wer clearly not covereu in �he choices a-f. cura.ous educational access to more channel:s too costly, $10 a month for everything experimental 1 1 1 1 1 AI�SiV RS TO QUESTION 3(h) Other, Please specify were related to the thir question FOR NON SUBSCR]�BERS: �Vhy don't you subscribe to cable TV? Or it you were a subscriY�er, why did you disconnect? None of these comm nts titi�ere allocated to ottier answers choices a-g. The answers have gene all;� been broken down int:o categaries and grouped. The categories incl de: QUALITY, PROGRAA9S, C;OST, COMPLAINTS, SATISFIED h�ITHOUT, AND NEED INFOR.�L4TION. 1 2. 3. L�TY Selectien--poor Dtovies ba�. Bdd Cinema III Low morality, biased, propaganclized Don't approve Channel 2 and 17 oet my cyes and money Didn't like City Council meetings Reduction of local prog�ramming after introduction of Cinema III Not enough local prograrnming Repetition No sports programming I�ot ��orth it T�ao separate charges 8 3 4 1 1 1 2 2 1 6 1 7E a 4. 5. � )MPLAINTS too many channels Can be abused, brainwaslzing public Don't like selling practices Promises not held Distrustful o£ Cable TV Did not like intermissic�n for Cinema III Sound poor Line crew cut tree Ugly wmres Don't like monopolies Can't move from room to room Pushy salesman Backs down on agreement�� Don't believe in pay TV Poor experience with cable TV � ATISFIED tiVITHOUT, DON' T N]?ED9 ETC. Need underground cable Black and white TV only Own small TV - Old TV set Don't watch TV Rarely use Satisfied without Prefer movie theater Moved For time spent watching., dosen't warrant sexvice ` House was burglarized (�took TV) Watch TV too much Possibly not allowed in apartments Friends disco.nnected iED INFORh1ATI0N (Undecideci) Need information 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 x 1 8 2 31 1 x 1 1 1 1 1 17 QUES IO�i 5 What kinds of prog:ramming wquld you like to see on cable TV? The answers were generally diwided into: �NTERTAINhiENT, INFORAIATION, AND PECIFIC PROCRAI�9 TYPES. 0 l2� 7F 0 I SPECI TAINDiEN`I' Free movies Better movies Plays � Entertainment Movies Daytime Cinema III Late night X-rated G movies Comedies Cinema III Reruns First run shcws Dtove selection on Cinema III Late night Cinema III in regular service Sports �1AT I ON Garage sale listings Job openings � Do it yourself Program schedules Educational Site explanation of Proposed Construction Unbiased news Documentaries � Council meetings b9etro activities Non-profit organization activities Access to library information-2 way system �IC SUGGESTIONS ON `TYPE OF PROGRAMS Arts Family programs Unusual events Cooking , Adult programs Chiidren's shows Outstate Local riore channels Government channel National netivs Relioious proorams Garden.ing Concexts Broader programming haseline Kot buitch of printing Intervi etias Current pro�rams at diff'erent times Science fiction Out of town }►igh sc}iool events Nature shows I,�) 1 7 4 13 38 3 6 9 4 15 8 17 4 2 1 46 1 1 1 3 53 1 1 8 4 7 1 1 6 6 2 1 15 10 30 69 9 2 4 3 1 1 1 � 1 1 1 1 1 7G City of �ri�ley, Minnesota P'��6��i ��;��' ��'� Program Detail 7H �dministrative Page Budget C0�[,DEhAR71rENT CODE DIVISION� COOE Pll00RAN OROUP GoDE FnGLHAN CGO! '�:;� AL � O1 LEGISLATIVE Ol THER COMMISSION 03 a/ 1� � ACTUAL ACTUAL QEPT � 3 ACCT ACCOUNT DESCRIPTIOPd EXPENSE EXPEr�SE BUD�ET ESTIMATE REQUEST ACC� �BUDGET �. rro J 6 1977 NO , � 9�� 4100 SALARIES REGU AR EMPLOYEES 52�'. 1,762. 5,850. '• 3l� 4100 ^ HOLRS REGULA EMPLOYEES 3ao ? 4110 SALARIES �JT R GULAR E!�PLOYEES +__ _2�� _� �a/ 4110 _ _ r HOURS OT RE� LFiR EMiP�OYEES 3 '. 4120 SRLARIES TE�iP RARY Eh;PLOYEES ip�;_ 21g, �/ 4120 _ Ir; NOURS TE��POP, RY EMPLOI'EES ___ _ o` _i 4130 S�LARIES OT T hSPORARY Eh1PL0YEES 26, _ 4130 _ � Fi0t1TS OT TE�� ORARY E�iPLOYEES .__ ' 4131 Et�PLOYEES LEA E __ 7�� 3 4131 ____ � 4132 E1�PLOYEE INSU hlCE __ �? �2 4132 � 4133 Eh�PLOYEE P�NS ONS �� y�o- 4133 _ TOTAL NOURS PERSO�AL SERViCES - SU 70TAL i �S,' D O. �) ��_, 4200 OFFICE SUPPLI S 2. 75. � •�� 42�0 ~ � 4210 1VOi� �FFICE SU PLIES ].. �?�� 42i1 FUELS AP�D LU ES __ __^._ �� ~�i._. 421b CHEMICA�S 421h � ` 4217 CLOTHIhG�ALL WANCE � .42i? 4220 REPAIR � MAIN SUPPL�ES-GENERAL 4220 � ; R 4221 REPpIR & MAI 7 SUPF'LIES-E'(�UIP __ _ 4221 �_�_ : i4222 �REP & MAINT UPPLIES-OTHER IMP 4222 _. 4223 REP & MRINT UFPLIES-BUILDINGS `__ _ _ 4223 _ � �230 SM,ALL 700LS ___ 4230 _ ._ ' 4300 PROFESSIQNAL ERVICEc lp�, � � oa 3,000.00 4300 ______ �31G COM�iUNICATION � �].. l. 400. SS 100.00 4310 `. = 4:s:sJ ADVERTISI�G 4330, '" 4340 PRINTING & CQ YING 28. 100. o •�� 4340 _ 4350 I�SlJRA�aCE 4350 _ �:,60 UTILITIES 4360, _ G370 REPAIR & MAIN E"taNCE-�Et�ERA� ,� 4370 '� �4371. P,EPAIR & t��AI TE«Af�CE-EQUIPMENT _ � 71. 150. � 4371�r� 4372 REP & M�INT- TFiER IMPROVEMEPdTS 4372 _ ;� 4373 REP & MAIfJT- UILDINGS/GROUi�OS 4373 _ �~ 4374 REP & M�INT- EAL COATING 4374 _ 4375 OTHER CONTRA TUAL SERVIC�S 4375 + g -^.300 fiENl'AL 4380 _ �"•��1 �UES & SUBSCR PTIOMS 100.00 n4�1 _ _ ��'�03 TRAVEL , CO��FE ENCES , SCHOOLS � 1, 000. 00 4403 __ __ _ � o' 44� �? � �A�JP�DRY -- -- - - — --- -- �;SJ4 �' _ � orF�FR F PEhiSES -SU9 TOTAI 2. ?_2 ?_5. �� S->. � -�_ _ u5r�0'LA�iO 4500 , _ ._ :._ ----- --- -- -- -- 4510 �--- ��'•G :s�►1LDI��GS AND STRUCTURES -- — 4520 � a 452u FUR�t1TURC AND FIXTURES 500_ 4530 ��GCHINEf�Y � A TO EntiIPMEN�f � r` 4530 �� L�� ' 4��0 �Ti-!EE2 TM��r��E �ENTS � ---- – ' �� 4540 � - - -- -- - --- -- -- — ------ CnPira�. ur�nY - suB TorA� 500. , . Pragram Totai 79;�. 3,483. 9,809. ��33`� �,770.� , � � II ' MEMO TO: MEMO Dick Sobiech, Public Wc�rks Director . Jerrold L. Boardman, Ci.ty Planner. MEMO DATEI: July 21, 1976 REGARDING�: Mandatory C�xltural Resource Survey for North Park �, �- Attached 's the correspondence I have received regarding the required Preconstr ction Cultural Resource Survey for the LAWCON grant for the developme t of North Park Nature Center. The survey is required on ' those pro'ects which the Minnesota Historical Society feels has potential ' historica or archeological sites as outlined in the Federal National Historic resexvation Act of 1966 and Chapter 429, 5ession Laws of 1974, State of innesota. � � The cost f the f irst phase of the survey would be approximately $534.�00. If the fi st phase shows the presence of possible histoxical or archeological sites add tional surveys may be needed (cost to the City). I've cont cted Mr. John Wood, Deput.y Director and Contracting Officer for the nnesota Historical Societ:y to get a breakdown of the quoted $534.62 c st for doing the first ph,sse of the survey. He stated that he would end this information to me. � I also ta ked to Mr. Tom Klusen of �the State Planning Agency to see if this cost of the survey could be used as a part of the City's share of the $27,0 0.00 matching grants we'vE=_ received from the Department of ' Natural R sources. He said that they are looking into that possibility with seve al out-state projects, however would like to have us hold off until mor information can be gathered. He suggested that the $534.00 be held u til after the survey is cc�mpleted and by that t9m e, they should ' have some decision from their attorneys on the use of the money to match the 5tate share. , I will ke�p you informed as soon as further information becomes available. l7 QERROLD L� BOARDMAN City Plan er JLB/mh CC: City ENC: 2 �i 1 � � � ' ' �_.,.� • , 1 8 A O'.C'F'IC Oi�' LOCAL AND U�,�3AN AFT� AII�ZS �+.y�� MINNESOTA STATE PIANNING AGENCY • CAPIIOI SOUARE BUItU1NG • Si. PAUL. MINNFSOIA 55101 • PMONE �617) ??1•3091 June 18, 11976 � Mr. Jerrold Boardman, Planner 6431 Univ rsity Avenue N.E. Fridley, tinnesota 55432 �'�, � RE: Nort Park City of Fridley ' � � ' �� Dear Mr. �oardman: The proje t listed above has been reviewed by the Survey, Planning, and Archeolog Sections of the Minnesot�a Historical Society. It is the finding of this r view that a survey shall �be necessary to determine whether any his.torical or archeological sites will be affected by your proposed project d velopment. The purpose of this survey will be to locate and delineate the stratified site or sites which may exist. This is a requirement as outlined at the meeting held last fall to submit your final application as indicated both in the Federal National Histpric Preservation Act of 1966 and the�St��te Law, Chapter 4291, Session Laws of 1974. To meet this requirement contact: If you hav Sinc �ti �� i ce\of JJS�mI � Alan R. Woolworth, Chief Archeologist Minnesota Historiral Society Fort Snelling Brai�ch, Building 25 St. Paul , Minneso�ta 55111 (612/726-1171) J �2��- t�3o e any questions, please c��ntac at 612/296-4703. , D"i rector 1; and Urban Affairs � AN EQUAL OPPORTt�NITY EMPLOYER ��'OO `�'`� � I ` `� : --1'� � � � y . ,,,.;,.,,�._:,,_... �,`�.t.�k�. �.....__. . , fl;��: �I ��. � ,. � -; �: � ,:.;' � � � ��-- Jerrold Boa dman City Planne 6431 Univer ity Ave. NE. Minneapolis, MN 55432 Dear P1r. Bo rdman: 0 : i MI N N ESOTA H ISTORICAL SOCIETY ( 3 u s i nes s O f f i c e— R e s e a r r_ h C e n t e r, 15 0 0 M i s s i s s i p p i S t r e e t, S t. P a u l, M i n n e s o t a 5 5 1 0 1 • 6 1 2- 2 9 6- 2 1 5 S July 15, i97b Should you wish to implement a F�reconstruction Cultural Resource Survey in regards to your North Park Project the Society would need a purchase order or contract aut:horizing us to proceed. The cost of a Phase-1 reconnaissance study would be $534.62. A Phase-2 survey might be r quired. The definition of� each Phase is listed below. Phase-1 A Pha e-1 reconnaissance is a fiield check of the proposed development '�_�:rea o determine if historic or prehistoric archaeological sites or st nding structures, etc, ex'ist in the construction area. The contr ct for a Phase-1 survey m�ast make it clear to the sponsor that if sites are found during ��he reconnaissance a more intensive surve_ must 6e conducted to fu'Ifill iegal requirements. Phase-2 A Pha e-2 survey would be contracted in the event that historical or pr historic sites were found during the Phase-1 reconnaissance. This urvey would then employ standard archaeological and historical. metho s and techniques to collect data necessary for the inter- preta ion, evaluation and delineation of the site or sites in the park. Out of this survey would come a report of findings in regards to th site so�that development plans may be altered, etc. if found do be necessary. Cost �f course of Phase-2, if required, could not be determined at this time. Shoul� you wish us to proceed on Phase-1 we need the proper authorizing document f om your office as noted above. , S�incerely, �1 ; ��+� � � ti� � ohn J. Wood [)eputy Director (:ontracting Officer JJW;jz ' cc: Alan Woolworth, Chief of Archaf�oTagy, Minnesota Historicai Society � il ' I � MEMO T0: I ' MEMO FROM: DATE: �� SUBJECT: �n July 8, �' � received by at the inte 0 Richard N. Sobiec�, Public Works Director � Thomas A. Colbert,, Assistant City Engineer � July 21, 1976 Stop Sign Request - Gardena and Stinson 976 Petition #13-1976 was submi.tted to the City of Fridle;� anu Council on July 12, 1976 requesting a four-way stop be installed section of Stinson Boulevard and Gardena Avenue. A request w s then made by the Council to have the City Staff conduct a study to determine if this intersection warranted the petitioner's request and to report the esults of said study. In compliance with this request, the following information and recommendations are offered. Our normal stop sign warrant study entails the employment of a speed study ' analysis, tr ffic counts, accident review analysis, on-site observatian and inspection, nd the warrants for the placement of STOP signs as detailed in the Manual of L'niform Traffic Control Devices (MUTCD). Speed S�ud A speed analysis survey was conducted hy the Fridley Police Department utilizing th vehicle mounted MR-7 radar unit. This survey was conducted during the h urs of 4:00 to S:OO p.m. and 8:00 to 9:00 p.m. on July lsth and 16th. The a tached logs and memo do not indicate a speed problem in the vicinity of he above referenced intersection. TrafficlCounts A 48 ho r traffic count was conducted �rom July 19th to July 21st and reduced to a 24 hour ADT using seasonal coefficients as obtained by the Minnesota Hi hway Department. A sketch ef the counts is a±tached and indicates a major flow of traffic on Garclena Avenue (16th Street in New Brighton} with secondary fl ws on Stinson Boulevard. It should be noted that Stinson Boule- vard is a de�d-end street south of Gardena Avenue (16th St.). Acciden� Analysis A revie of all reportable accidents within 1,000 feet of the inter- section was lso researched. It tivas found that there were 3 accidents in the past 6 years within these limits, all occurring in New Brighton. None of these occurre3 at he subject intersection. MUTCD VValrrants The Man. al of Uniform Traffic Control Analysis lists several warrants to be met fo the installation of a multiway STOP sign installation wliich are attached for reference. � (� Memo to R, obiech -2- II , Subject: S op Sign; Gardena �, Stinson and Recommendations ��ai�?s 9 A After eviewing all tabulal-ed and attached material, it has been found that: 1) If a speeding problem exists, it is sporadic and intermittent and could be con rolled by increased surveillance by both municipal law enforcement depart ents, ii the need arises. 2) Th traffic counts indicate the Gardena Avenue (16th St.) is the major � carrie of traffic and could be considered a collector street which should be giv n right of. way access �o ensure smooth *raffic flow. � ' � � II � ' 3) T multi 4) No the pl accident analysis review fails to indicate that the placement of STOP signs �oould 'nave been beneficial in their prevention. of the warrants as delineated by the MUTCD can be met to justify ment of the four-way STOP sign. In conjucti n with this study, contact was made with the New Brighton Engineering Department to review the above information and it was mutually agreed that due to lack of j stifications, it is recommended that the Petition #13-1976 to make the intersection of Stinson Boulevard and Gardena Avenue (16th St.) a four-way sto be denied. Through our observations, it should be noted that the east-west traffic is pres?ntly being controlled by STOP signs at the next int?rsection to the east of Stinson and Gardena; that being 16th Street and 29th Avenue NE in New Brighton. It is recomm nded though, that a request be submitted to the City of New Brighton to 'nstall a STOP sign at the southeast corner of the referenced intersection to control the north-bcund traffic on Stinson. This would com- plement and onform to the existing STOP sign on Stinson controlling the south- bound traffi at Gardena Avenue (16th St.). If any furth�r questions arise, please let me know. TAC/jm Attach. cc : Tir. J 0 ;s Kleinschmidt, City Engineer, New Brighton 0 ' �slanc�s 1 L� _ o�` Pe a�e , , ADVtSORY BOARO� EUGENE DALY, Ch�cl A[lorney Vefn.e�t �ldminrttra��on EVERETTEDODGE vnnnnai ' Dowlmy $hool fo� Cnnded Chi/Aren F REDRICK J. DRESSER Midwr�r Fedcra! Sav;ngs a�d Loan Assx�auon FOSTER DUNWIDDIE . , V�<e Pres�dent Architecrs ol Barriers /or tnc Hand�capped WILLIAM GREGG AAmimsvaro� Veterant (�lome State � o�Minnesota RICHARD JACOBSON Vice Giesident frid/ey Stare Bank FRANKJOHNSON ' Exetutive Dirccto� Minneapo��s Society o/ the B�lnd ROBERT KOWAICZYK Direcror F�aser Schoo/ /or the Mentally Handicapped ' DAVEKRUEGER Chief Recreation and Rehabi/itation, Vererans Hospital, Minnesota DR. JOSEPH MORIARTY � MercY Hospi2a/ �EON OLSON Execuhve Duecror Training and Empfoyment o� Handicapped Adu/ts � R ;se, lnc. � ROGERSCHMAUS Principa/ Rober[ Louis Stevenson ElementarY School WILLIAM SCHOENBOLM ExecuNve Oirector ' Minneapolis Sociery of Crippled Children and Adu/ts DR. BROR S. TROEDSSON Chief PAysica/ Medicine o� Vererans � Hospital, Minnesota ED WILMES Originaror Chairman � ' ' I � , ISLANDS OF PEACE COMM{7TEE ELMER F. OLSON LINUS 6. FRITZ RON F. BURTON REV. M11. G. DENYES REV. E. A. CHMIELEWSKI TONY OLSON v.F.n- sss WAYNE PETTIS Amencan Legion Post 303 DONA CEBU�A Amer:c3n Legion Auxi!liary Post J03 RUTH STARK V. P. N( Aux dliei y Pui� J63 PAULBROWN Ex-Omcm Gfy o� Fndley CARROLI KUKOWSKI Sacieray 0 ��r�a$�ort and f�ature Study for Everyoree � 10 CITY OF FRIDLEY•6431 UNIVERSITY AVENUE N. E. • FRIDLEY, MINNESOTA 55432 TELEPHONE (612) 560-3450 July 21, 1976 City Manager: RE: AGENDA July 26, 1976 1) Request approval to submit a�plication for Tr�il funding assistance for Islands of Peace Amoun� Requested: $17,050 2) Discussion of payment due on Hayes Lots on August 20, 1976. i �'I /�� '" / `) � r l�`S' (�� Ed Wilmes Islands of Peace ' " Where peace is a way of life every hour of every day." T0: FROM: SUBJECT: .DATE: CITY OF FRIDLEY t�Er�IORAN DUM NASI�M M. QURESHI, CITY NJANAGER MARVIN C. BRllNSELL, ASST. CITY MGR./FIN. DIR. STATUS REPORT ON THE ISLANDS OF PEAC� ,JULY Z1 , 1976 . Attache.d is a status report showing the payments due on the contract for dee d- or the Hayes River Lots which are part of the Islands of Peace Project. This report shows that $19,360 wi 11 be due on August 20, 1976, and $10,240 will be due on August 20, 1977. The City has $81.26 -on hand in the Islands of Peace Fund to apply towards f ture payments. . As of this date, I am aware of one donation that the Islands of Peace Foundati on has recei ved. Thi s i s the $3,000 d�nati on from Onan Corporati n. I understand the Islands of Peace Foundation will give the City status report showing the funds they have on hand, prior to Monday ight's Council meeting. P1CB:sh Attachment �� ' , ,� �ash rcceipts - Sta e of t�inneso�a Interest: cn investm nts � Expend�itures of Fun s: ' Purchasz of La d ' �heck #37052 �I � 4r37053 �37��4 � ;37G55 � ?�38:i3+ ;�? 1248 �11249 TSL/I��DS UF FEE►CE FItinNCiAI. S;i��1RY JU(JE 3J, 1976 Total Receipts Rober & Caroly� P•linder 9/9/7� Peter & Catheri ne Lametti ��J9; 7^ Gi ty T Fri d �ey - �ceci a�ls 9/)/74 i��1i �� £� l.,�metti 9/9/ 7^ Anoka Cotinty - B�ck Tar.es i j�l(1/i5 2obe r� � Ca�,o ly,i f•1-i r.r�^r �! i 4/7� Pe�er u Cather��ne !_a:��tti E3/14%75 ' Constr�:cti or� �h�ck ,'-,'37503 3�,rtc �31681 timer; � C�sh !��.? unce � �r�ncipa; �{m�!Jn� o� , Less: Pa �� t� \ . �' i Land �tl!"Cfld�e $35 ,''J0. 00 61�.5Q �5,a1 F3.5Q _1 ' � Construction �Q�i,S � 2,oce.co � 6,419.�0 (:nclu�es ��+,000 Pr;nc.) fi,419.6C (Includes $4,��U rr�nc.) 4 S 450 . 3?.. 13,7�3.0�� (Includ�s $13,Ui�0 Pr�;n�.; 3;414,12 . C'v0. 2.', 6,6Q.?_3 Contracting Compar�y a �,OOO.C�� n Im�roverrent Corqorati on 1,OOO.i3O Total i:xp�r,ditures ;?5,737.L� �2,�i)i,.ilJ Jur�e � 30, 1976 � � c°, i.�'� -�- ;;o:�iruc� foi° Deed i d by Fo,lnda �; cr� i ci �i�ror�, f'�a�ura � Re�aurces u►•ant 0 (, 8�. a� c� �f °rinc� nal Cue on �ontract for D�e� . i;�te7�e��} Pai c!-�to-Ga �e �rincipal Paid to-D te ;�2C i u i A5�( SS;�=�11i;5 ?d � Ci-':0-U��t �i � ,iC�. v� � Z ��li.�� 1 ,G00.�,� �4$,(1UL.�0 $ 5,R72.i0 21,000.00 (Plus �2,000 paid by Foundation} 4 ��0.:;2 �'?uck 1'a�es Pai d 3,414.?2 - - - - - - ` _ TOTAL_PAID - - - 35_737_24 - - - - - - - - - y - ^ - - - - - - - ' r - - - � Pay;nents �ue - Au�u�t �0, ,^7� - Princ. ��1G,OJQ I7t. �3,360 = $19,3oJ ' /1:�ru �:- ?G, ��ii - Frinc. £3,Q(;0 Int.. 2,2ti0 = 10,;'40 . Aug�a �: :'0, 1�a7�, - Pri��c. f�,OQO Ir;to 1,6R0 = ':r,t�:;�J i��li!ii.� _'�; i�l�� -- P.r1I1C. 8,100 111�. I�12� _ �,l?l ' fli�%l� ��i'. �' Ci � i,n::�l�i ^' n?"1 il�. � ,�� Z1� l.. .�.Fn - t�, ��J�� 4a, J 3,` 6' .�5b � 0 �� I� II � I�1 � RESOLUTI( CATIONS I PROJECT R�SOLU'I'ION N0. ORDERING Ib9PROVEMENT AND FINAL PLANS ANU SPrCIFI- U ESTIh1A'I'F:5 OT� COS`I'S 'I'IiEREOF: STRL'ET IMPROVEMENT �T. 1975-4 iVHERE/1S, R solution No. 58-1976 aciopted on the 21st day of June, 1976 by the City Cou cil, sct the date :for hearino on the proposed improvements, as specifically noted in the Notice of fIearing attached hereto for reFerence as Exhibit "A", and 0 1VHEREAS, a 1 of the prop.erty oivners whose property is liable to be assessed with the making of these improvements (as noted in sai_d Notice) were given ten (10) days notic by mail and publisried notice of the Council }learing through two (2) �aeekly ublications o£ the r.equired notice, and the heaxing ivas held and the propert owners hear� thereon at the hearing as noted in the said notice. NOiV, THERE�ORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County; 1�1 nnesota as follows: 1. That t e following improvements proposed by Council Resolution No. 172-1975 are hereby ordered to be effected and completed as soon as rea onably possible,to wit: itersection Improvements, Including Resignalization, Channeli- �.tion and Safety Improvements On��TH 47 at the Intersections of iss�.ssippi Street (C.S.A.H. #6) and Osborne Road (C.S.A.H. #8) � 2. That wc�rk to be performed under this project may be perf.ormed unde.r one or�more coniracts as may be deemed advisable upon receipt of bids. 3. Tiiat t e Public j�'orks D:irector, Ri_cliaxd Sobiecti, £, the'-�linnesota High�yay Departm nt are hereby designated as the Engineers for this i.mprovement. They slall prepare final plans and specifications for the making of suc} improvement. ADOPTED BY TfIE dITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1976. II � iATT�ST: , � • CITY CLC1Zt� - htAl VIN C. BI2UNSrLL ' DAY OF , b1AY0R -- ' ��I LLII�I�i J . hLiL 11 . , � � � � N a ' ' ' � � �J EMO T0: Nasim M. Qureshi, City Manager EMO FROM: Richard N. Sobiech, Public Works Director ATE: July 22, 1976 UBJECT: Street Improvement Project St. 1975-5 Please find attached a resolution approving he final plans and specifications for the referenced roject. This project entails the improvements ssociated with the intersection of TH 65, Centrat vEnue and Hathaway Lane. The plans and specifications have been repared by the State of Minnesota and subsequent ost sf�aring agreements have been prepared pertaining o the various costsassociated with the improvement. It is requested the City Council approve he resolution at the regular Council meeting of uly 26, 1976. NS/jm ttach. � � � � ' �J i ' Form t�i� 2523 (5-76) At a duly g,p, 0207 - 35 (65=5) � A Fed.Pro�. U 005-2 (36) R E S 0 L U T I 0 N lar)(special) meeting of the City Council of the City of Fridley , on the day of , 19�_, the follawing Resolution was offered by , ; seconded by , ; to wit: � WIIEREAS the Commissioner of Highways for the State of Minnesota has caused to be prepared; plans, pecial provisions and specifications for the improvement of Trunk Highway No. 5 , renumbe ed as Trunk Highway No. 65 , within the corporate limits of the City of Fridley , from-the At C.S.A.H. 35 to ; and, WHEREAS said plans are on file in the Office of the Department of iIighways, St. Paul, Minne- sota; b ing marked, labeled and identified as: S.P. 0207 - 35 (65=5) S.A.P. 127-321-01A ; and, WII�REAS said special provisions are on file in the Office of the Department of Highways, St. Paul, M nnesota; being marked, labeled and identified as: S.P. 02U7 - 35 (65=5) , and which, ogether with, the Minnesota Department of Highways Standard Specifications for Highway Constru tion, dated January 1, 1972, as amended by Minnesota Department of Highways Supple- mental pecifications for Highway Construction, dated April 1, 1976, will govern, and which are on ile in the ofx"ice of the Commissioner of Highways, constitute the specifications for said im rovement of Trunk Highway No. �, renumbered as Trunk Highway No. ��; and, WHEREAS also on Wk�REAS Resolut: special WHEREAS parking F will be crosswa: copies of said plans and special provisions a� so marked, labeled and identified are file in the Office of the City Clerk; and, the term, said plans and special provisions, as hereinafter used in the body of this .on will be deemed and intended to mean, refer to and incorporate the plans and provisions in the foregoing recitals particularly identified and described; and, the Commissioner of Highways desires in the interest of public safety that any and all of vehicles, if such parking is permitted within the corporate limits of the Ci:y of �i��3, , on said Trunk Highway No._�, renumbered as Trunk Highway No. 65 , parallel with the curb adjacent to the highway and will be at least 20 feet from any .k . Page 1 of 2 Pages. a : ?� � � � � � Form M1iD 2523 (6-74) 12 B NOW. TkiE , BE IT RESOLVED that auid plana and special provisions for the lmprovement of Trunk Hi hway No._�, renumbered as Trunk High:.+ay No.�_, taithin the corporate limits of the C ty of Fridlev , be and hereby are approved. BE IT FU THER RESOLVED thaC the City of Fridlev doea hereby agtee to require [he park ng of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Iiighway No. 5 , rentrmbered Trunk Highway No. 65 , wiJ.l be parallel With the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public etreets ntersecting said tre►nk highway. BE IT occasio 65 , :ER RESOLVED that the elevations and grades as shown in said plans and epecial are hereby approved and consent is hzreby given to anq and alI changes in grade by the construction of Trunk Highway No. 5 , renumbered Trunk Highway No. accordance with said plana and special provisions. ' Upon thelcall of the roll, the following voted in favar of the ResolutiYn: and, the following voted against the adoption of the Re�olut�on: whereupo the mayor and/or the presiding officer declared the Resolution adogted. Dated• , 19 76 . Mayor Attest City Clerk STATE OF MINNESOTA ) ) COUNTY 0 Anoka ) ss. ) CITY OF Fridle ) • I do her by certify that at a(regular}(special) meeting (of which due and legal notice was given) o the City Council of the City of Fridley , Minneaota. on the daq of , 19 76 ; at which a majority of the members of esid Council ere preaent, the foregoing Resolution was adopted. Given un er my hand and aeal this day of , 19 76 Citp Clerk Page 2 of 2 Pages. � 1 1 � � � i 12 C � � � � . t hL B. 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S.�'t. —L:i.��}:1�, I �� • c <�? \. `� �—} f.l i ` O G��y'�,C'� `� �I� �� 0� \ ^°' �' , f�� a ? � �� 2b1S C � G �� ' = ,�?y� . �_ A ha�' �� '� � r �.� \4 � '��"� �� ,� � ``r � r, �i� � %�"\ � ! � �Gnstfudion � ` 1 ?619 C & G \�? �gree;nent :1�. 5830� � ��-;--:o' •.� ity of Fridl�y ��-�._�;� !� ' '\ S.P. 0207�35 ('r.H. 6=-S� UNP•t �,� I �� lw HATri.�iVAY lAr� S,A.P 12T-32l-01 � � �� R ° I!! • � `I, � CO;�C. DR. {IfiPJ - i9' J6% Fec?eral-27.94%(10 , State) [� Red 6tiD6¢IHCbG �'�.��'�--�;'� +� •,._.0 � �� .�_;;:; _ POI.1: ST. ' � • �, t - ��. }i. 35 , '��',� •SS Eegin R.1. � '�0 /, FedeLa1�27.94%(100 o City) � j Green �� .I-- �,. . ip w1n�2� �� i c; ,� �re ca„p� ce to ��^ `�� o.� . 127-.3?.1�01 ' I � .c,-° , `� r �°. II o it • B1ue s � END Bb18 C � C , • Sher.t 1 c . ,� � � ' ' Form ?123 � CITY OF :RIDL�Y RESOZUTION 58304 BE IT RES I,VED th3t the City enter into an agreement with the State of Minnesota Department o� HigY�ways for the follov�ring purposes9 to-wit: to provid for Che appointnent by the City of Fridley of the Commissioner of �iighwa s to act as the City�s a�ent for the state contract construc- Cion of a County State Aid llighway No. 35 roadway approach to the casterly side of e Trun!c High:aay No. 65 ineersection and including associated storm sew r facilities and of a iiatha�aay Lane roadway connection to said County St te Aid fiighway No. 35 road:aay approach�and includino associated storm sew r facilities in accordance ?aith State plans� specifications and `special p ovisions designated as State ProjecC No. 0207-35 (T.H. 65�) and S.A.P 127»321-01A (iiathaway Lane); in addition, this agreer.ient pro- vides for payment by the City to the State of the City�s cost shares of said agen y construction. BE IT FUR authorize Agreement CHER RESOLVID that the I�Zayor and Clerk be and they hereby are i to execute such agreement. (Agency Construction No. 58304)� CERTIFICATION State of Minnesota C0�1ty Ofl _,c�nnka City of I hereby erti� that the foregoing Resolution is a true and correet copy of the resolution presented to and adopted by the Council of the City of r idle at a duly authorized meeting thereof held on the day of 19 , as shown by the minutes of said meeting in my possession. � City Clerk 13 R0� DESIGN MIN1�E50TA HIGH�dAY DEPARTMEhTC AGENCX CONSTRUCTION AGREIIIENT e AGR�EhiENT N0. 58304 S. P: 0207-35 (T. Ei. 65=5) Fed. Proj. U 005-2(56) Agreement betwe n The SCate of Mi nesota DepartmenC of H'ghways, and The Cit of I'ri le Re: 100% City ost agency construction by the State of C.S.A.H. 35 approaeh to the easterly side of T.H. 65 an a realigned connection of Hathaway Lane to sa'd C.S.A.H. 35 approach THIS AGREEMENT ment of Highway Coinmissioner o �f Fridley, Mi to as the "Cit WITNESSETH: 13 A AMOUNT ENCiJMB. (None) EST. AM�T. RECEIVABLE $31,014.81 ade and entered into by and between the State of Minneso�a, Depart- , hereinafter referred to as the "State", acting by and through its Highways, hereinafter referred to as the "Corcanissioner" and the City esota, acting by and through its City Council, hereinafter referred WiiEREAS the St te is about to award a contract for the construction of turn lanes, channelization and storm sewer facilities upon, along and adjacent to Trunk Highway No. 65 within he County State Aid Highway No. 35 intersection and approaches there- to, the constr ction of a County State Aid Highway No. 35 roadway approach to the easterly side f the Trunk Highway No. 65 intersection and including storm sewer facilities, an the construction of a realigned Hathaway Lane roadway connection to �•'�--�_.. �il '� 13 � 58304 the aforesaid C unty State Aid iiighway No. �35 roadway approach and including storm sewer facilitie in accordance with State plans, specifications and special provisions therefor design ted as SCate Project No. 0207�-35 (T.H. 65=5) for the aforesaid Trunk Highway No. 65 nd County State Aid Highway No. 35 construction and as S.A.P. 127- 321-01A (Hath The Federal Hig Lane) for the aforesaid Hathaway Lane connection construction. Administration has designated the State Project No. 0207-35 (T.H. 65=5) por ion of said proposed state contract construction as Minnesota Project ' , U 005-2(56); an � � WHEREAS the Cit�, having requesCed the inclusion of the aforesaid construction of the County State Ai High�aay No. 35 roadway approach and of the Hatha�aay Lane roadway connection in s id state plans, specifications and special provisions, has requested the Conmissioner to act as its agent to construct said County State Aid Highway No. 35 roadway approach and Hathaway Lane roadway connection, which are shown on the color coded sh et attached hereto and marked �XHIBIT "A��, with the City paying 100 percenC of the construction and construction engineering costs of said agency con- struction inclu�ding storm sewer facilities; and WHEREAS the Co issioner has determined that, as the aforesaid agency construction will be adjace t to and within 2,000 feet of said state project trunk highway con- structfon, the inclusion thereof in the State�s construction contract would facili- tate the coord nation of construction activities and would expedite the supervision and constructi n of said trunk highway improvements and said agency roadway approach and roadway co nection, the Conunissioner is willing to include said ageney construc- tion in the �-�.� _ te�s construction contract; and •2— i , ' , ' 58304 WHEREAS it is a ticipated that, except for the aforesaid proposed construction af the Hathaway La e roadway connection including storm sewer facilities designated as S.A.P. 127-321-�1A (Hathaway Lane), all construction performed under said state con- � tract will be e igible for rederalLaid participation and in that event such Federal- aid will contri ute funding at the rate of 72.06 percent for all state contract � construction � of the Hatha � , IT IS� THERE � ARTICLE I - AG ts except those costs incurred in connection with the construction Lane roadway connection and associated storm sewer facilities. � Mt3T[JALLY AGREED AS FOLLOWS : Pursuant to Mi nesota Statute 161.38, the City does hereby appoint the Conanissioner ' to act as its gent for the construction of the aforesaid County State Aid High��ay � No. 35 road��ay approach to Trunlc Highway No. 65 and Hathaway Lane roadway connection to said County State Aid Highway I3o. 35 roadway approach and associated storm sewer ' � � � '��i �� facilities wit in the corporate City limits as shown in Green and Blue colors on said attached XHIBIT "A�', which is made a part hereof by reference, in accordance wi�h State pla s, specifications and special provisions designated as State ProjecC No. 0207-35 (T H. 65=5) and S.A.P. 127-321-01A (Hathaway Lane). Said State plans, specifications and special provisions which are on file in the office of the Commissioner a St. Paul, Minnesota, are made a part hereof by reference with the same force and effect as though fully set forth herein. The Cotrunissi . hereby accepts�the foregoing agency appointment by the City. -3- 13 C 13 D ARTICLE__II_ -_ RE� fSIBILITIES_ Or _THE COt�iMISSII 58304 The Commissione and/or his duly authorized representative shall, on behalf of the State and as ag nt for the City, do and perform the following: (Item 1.) Duly advertise for bids and award a•construction contract to the lowest responsible bid er for the construction of said State Project No. 0207�35 (T.H. 65=i) and S.A.P. 127- 21-OlA (Hathaway Lane)� (Itern 2.) Supe vise�-and have charge of the construction and construction engineering to be performed under said state contract including the aforesaid agency construction and associated onstruction engineering thereunder. (Item 3,) Make such chang�s in plans or in the character of the work for said agency cottstruction as recommended by the State�s engineer in charge of the work if he con- curs in such re ommendations or which in his own judgment are reasonably necessary to cause said a ency construction to be in all things constructed and completed in a satisfactory ma ner, and to that end and as supplemental to any contract let for the construction of said State Project No. 0207-35 (T.H. 65=5) and S.A.P. 127-321-01A (Hathaway Lane), to enter into for and on behalf of the City any supplemental agree• ments with ehe State�s contractor for the performance of any extra work occasioned by any necessa , advantageous or desirable change in plans. However, the Commissioner or his represe tative shall confer with the City Engineer or other appropriate City official befor making any such change in plans and entering into�any supplemenC to the constructi n contracC relative to said ageney construction work. (Item 4.) Do nd perforcn on behalf of the City all other acts and functions neces- sary to cause aid agency construction work to be completed in a satisfactory manner. �4� � f�-�----.. � ' I� , IL r ON BY 58304 13 E The said agencylconstruction sha1.1 be under the supervision and direction of the State, � however, safd a ency construction work may be inspected periodically by authorized representatives of the City. If the City, after the caork has been completed, believes Msaid agency con truction worlc has not been properly constructed or that the work is ' defective, the ity shall inform the District Engineer of the Minnesota Department of Highways at GoI en Valley in wxiting of such defects. Any recommendations made by � the City regard ng Che work performed under this agreement are not binding on the State, and the tate shall have the exclusive right to determine ��hether the work has , been satisfacto ily performed by the State�s contractor. All work covered under this , agreement shall be performed in substantial accordance with the aforesaid state pro� ject plans and innesota Highway Department specifications and special provisions. ARTICLE IV -&��IS OF PAytSENT BY THE CI , ----°.�° Section A. Coi�struction Costs The City shall ay to the State, as the City�s full share of the costs of said agency construction pe formed in accordance with Articles I and II hereof, the following per- centages of the construction described below under �'AGENCY CONSTRUCTION" and including the costs of an contract change orders or supplemental construction agreements which may be necessa to complete said agency construction and the costs of any settlements of claims made ith the State�s contractor in connection with said agency construction. Except as hereinafter set forth, saici payment by the City hereunder of the City�s share of agency cons ruction costs shall be based on the final quantities of City cost par- ticipation con truction work items performed multiplied by the appropriate unit pra.ces contained in t e construction contract to be awarded by the State in accordance with I� I � , 0 • Sw �3 F 58304 Article I hereo and/or multiplied by the appropriate unit prices contained in any supplemental ag eements to the State�s said contract providing for City cost parti- cipation constr ction. - EXCEPTION: Pa ent by the City hereunder o£ its share of the costs of those con- struction work tems marked ir� the said state project plans with the symbol (P) for plans quantftie shall be based on the estimated quantities therefor as set forth in the attached preliminary construction cost estimate and division of costs form marked "Schedul I" and made a part hereof by reference multiplied by the appro- priate unit pri es contained in the aforesaid state contract. Said plans quantity construction wo k items are marked with the symbol (P) in the attached "�chedule I" which form Iist all of the City cost participation agency construction and con- struction engin,�ering items hereunder. P70TE: A11 of the City owned utility facilities to be adjusted, salvaged and installed under said state contract will be covered under another separate agreement document, Utility Agreem�'nt No. 58273. It is hereby u derstood and agreed that any and all liquidated damages assessed the State�s contra tor in connection with the work performed under the said state con- . tract shall in re to the State. AGENCY CONSTRUQTION 100 ercent of the costs not reimbursable under Federal-aid fundin shall be the City�s rate of cost p rticipation in all of the construction of the County State Aid Highway No. 35 roadway approach to the easCerly side of the Trunk High�.�ay No. 65 intersection including asso iated storm sewer faciliCies as shown and described in Green color on � °�. � 6- 58304 said attached E IBIT '�A�� and described by construction �ork items designated as ��F.A. 100% CITY' in those portions of. said attached "Schedule I" designated as ��S.P. 0207-35 R adway�� and "S.P. 0207-35 Storm Sewer�'. 13 G 100 percent sha 1 be the City's rate of cost participation in all of the construction of the Hathaway Lane roadway connection to said County State Aid High�aay No. 35 road- way approach in luding associated storm sewer facilities as shown and described in Blue color on s id attached EXHIBIT "A'� and described by construction work items desig- nated as "Nor[ F A. 100% CITY" in those portions of said attached "Schedule I" designated as «S.A.P. 127= 21-OlA Roadway'� and '�S.A.P. 127-321-01A Storm Sewer". Section B. Pr rated Construction Costs In addition, said payment by the City shall also include the City�s prorated shares of the cost of Item No. 2021.501 "Mobilization" and Item No. 2051.501 'Tiaintenance and Restoratio of Haul Roads" as set forth in "Schedule I". The aforesaid items are considered construction items but are not included in the above described City cost participa ion construction. Such additional payment represents the City�s prqportionate hare of the mobilization and the maintenance and restoration of haul roads costs in urred by the State in connection with the aforesaid City cost parti- cipation agency� construction. ection C. C�nst_ruction Engineerin� Costs In addition to payment of the aforesaid agency construction costs including the pro- rated cost sha es of '�hiobilization" and "Maintenance and Restozation of HauZ Roads", the City shall pay to the State a prorated share of the construction engineering costs for field engi eering and inspection, preparation of progress and final estfmates ' �---....___ -7- 13 l� 58304 reports, liquid ting damages, record sampling, and materials testing and inspection which will be i curred by the State in connection with said City cost participation agency construc ion. Such construction engirieering costs shall consist of charges made by Minneso a Department of Highways� personnel assigned to said state projects and of a classi ication no higher than "Principal, Engineer" (Resident Engineers assigned ta the Highway DeparLment District Offices an� placed in charge of construc- tion projects a e classified as Principal Engineers) as recorded under the State construction co t accounting work item code numbers 030, 033, 038, 040 and 070 on ' the "Uniform Ti e and Cost Report" (Form 1949) and the "Requisition and Distribution Sheet" (Form 17 2). Attached hereto, made a part hereof by reference and marked EXHIBIT "B", is a sheet containing the definitions of the aforesaid work item code numbers which definitions. were taken in their entirety frorn the State�s Manual No. 2-102 "Constru tivn Cost Accounting Manual". Said City prorated cost sha�e shall be determined sing the method an� formula set forth in said attached "Schedule I". (Note: For th purposes of estimating the �City�s share of said construction engi- neering costs s shown in the attached "Schedule I" preliminary construction cost esCimate and d'vision of costs form, the State has used an amount equal to 8 percent of the estimat d amount computed as the City�s total share of the aforementioned construction c sts which includes the City�s cost share of the items of "Mobilization" and !'Maintenan e and Restoration of Haul Roads�'.) Section D. P�orated Construction Engineerin� Cost Said payment b the City shall also include the City�s prorated share of the cost of Item No. 20 1.503 "Field Laboratory, Type B" as set forth in said attached •8- , oi`i'`----.-..� [� � � l3 I 58304 "Schedule I". he Field Laboratory item is considereci an engineering item but is not included in the aforesaid City prorated share of construction engineering costs as set forth in Section C. above. ARTICLE V- PAY�IENT BY THE CITY --�--- � Section A. Es imate and Advancement of the Cit �s Total Cost Share It is,estimated, for accounting purposes, that the paymen� by the City of its share ' of the costs of the agency construction work to be performed by the State hereunder � which includes the City�s share o£ the prorated items 'Tiobilization", ":laintenance and Restoratio of Haul Roads" and "Field Laboratory" plus the 8 percent construction ' engineering cost share (used for estimating purposes only) is the sum of $31,014.81 as shown in th attached !'Schedule I�'. The State shall, when a construction contract is awarded whi h includes_the City cost participation agency construction work to be performed here nder, prepare a revised "Schedule I" based on the construction con- tract unit pri es and submit a copy of said revised "Schedule I" Co the City. The City agrees to advance to the Co�nissioner of Highways an amount equal to the City's Cotal cost sha e as set forth in said revised "Schedule I" be it more or less than said sum of $3 ,014.81 forthwith upon the execution of this agreer.�ent and upon re- ceipt of a req est from the State for such advancement of funds. Section B. F nal Pa ent b the Cit It is contempl ted that alI of the construction work to be performed under s�id state construc ion contract is to be done on a unit price basis. Upon the com- pletion and ac eptance of the work provided for in said contract by the State and the preparatio by the State of a final estimate computing and determining the amount due the contractor performing the work, the Co�nissioner shall determine ' L-�,__„_ ..9- 13 J 58304 and compute the amount due the Trunk Highway Fund of the State of Minnesota from the City for the sa d City cost participation agency construction work as set forth hereunder. Aft r the Corcanissioner determines the actual amount due from the City, he shall apply n the payment thereof as much as may be necessary of the aforesaid funds advanced y the City. If the amount found due from the City shall be less than the amount of the funds advanced, then, and in that event, the balance of said advanced funds ha21 be returned Co the City without interest. If the amount found due from the Ci y shall exceed said amount of funds advanced, the City agrees to promptly pay to the State the difference between said amount found due and said amount of funds advanced. ion C. of City�s Final Cost Share and of Completed Cons It is understoo and agreed that the aforesaid computation and determination by the Commisssioner o the amount due from the City hereunder shall be final, binding and conclusive. It is further agreed that the acceptance by the State of the completed agency construc ion �ork provided for in said State plans designated as State Project No. 0207-35 (T. . 65.=5) and S.A.P. 127-321-01A (Hathaway Lane) and performed under contract let by the State shall be final, binding and conclusive upon the City as to the satisfactor completion of said work. ARTICLE VI - GE ERAL PROVIS ,......__._.... Section A. Plan Cha es The City may by a dulq adopted City Council resolution request a change or changes the state project agency construction to be performed hereunder rate City limits in order to satisfactorily complete the aforesaid � in the plan fo� within the cori i ' •10- ' 58304 City cost parti ipation agency construction, and if the State determines that said requested plans change or changes are necessary and/or desirable, the State will cause such chan e or changes in plan to be made and appropriately alter the affected contract constrtiction. � tion of Commissioner�s A ointment as A�ent for the Ci It is understoo and agreed that, upon the completion of the aforesaid agency con- struction in ac ordance :vith Articles I and IY hereof and the acceptance of the same by the State, t e Commissioneris appointment as agent for the�City as set forth in Artic2e I hereo shall be terminated; and it is further agreed that, upon the satisfacCOry co pletion of State Project No. 0207-35 (T.H. 65=5) and S.A.P. 127- 321-01A (Iiatha� y Lane) construction, the City shall thereafter accept full and total responsib'lity and all obligations and liabilities arising out of or by reason of the u e, maintenance and/or reconstruction of the iiathaway Lane roadwaq approach to Cou ty State �id High�vay No. 35 and associated storm sewer facilities constructed und r said portion of the State�s plans, speci£ications and special provisions desi nated as S.A.P. 127-321-01A (Hathaeray Lane). ction C. Ma�ntenance Uv the Ci It is hereby un erstood and agreed that, upon the satisfactory completion of aII of the constructio to be performed under said state contract, the City shall there- after properly aintain and/or make the necessary arrangements with the County of Anoka to proper y maintain all of the storm sewer facilities constructed under that portion of said State plans, specificatior�s and specfal provfsions designated as State Project N. 0207-35 (T.H. 65=5) without cost or expense to the State. Said state project s orm sewer facilities are shown in Green and Blue colors on said attached EXHIBI "A�'. ' `�_ -11- 13K Section D. ims 58304 13 L It is hereby un erstood and agleed that any and a11 employees of the State and all other persons e ployed by the State in the performance of the construction and/or construction e ineerfng work or services required or provided for under this agree- ment shall not e considered employees of the City and that any and all claims, that may or might ar se under the Workmen�s Compensation Act of the State of 24innesota on behalf of said ployees while so engaged and any and all claims made by any third parties as a co sequence of any act or omission on the part of said State employees while so engage on any of the construction and/or construction engineering work or services provid d to be rendered herein shall in no way be the obligation or respon- sibility of the City. �._ � It is hereby un erstood and agread that any and all empleyees of the City and all other persons ployed by the City in the performance of any of the r�aintenaace work ' or services req ired or provided for under this agreement to be performed by the City shall not e considered employees of the State and that any and alI claims that � may or might arise under the Work-�nents Compensation Act of the State of riinnesoCa on behalf of said employees while so engaged and any and all claims tnade by any third � ' parties as a co sequence of any act or omission on the part of said City employees ' while so engag d on any of the maintenance worlc or services to be rendered under this agreement by the City shall in no way be the obligation or responsibility of ' the State. 1 Section E. N ndis �� The provisions of riinnesata Statute 181.59 and of any applicable local ordinance relating to ci il rights and discrimination shall be considered part of this agree- �' ment as if ful y set forCh herein. ' 12 c�-� ' . ' 58304 ' Section F. A eement Approval Before this agr ement shall become binding and effective, it shall be approved by ' resolution of t e City Council of the City and shall also receive the approval of such State offi ers as the la� may provide in addition to the Commissioner of � Highways or his duly authorized representative. �� . � ' , ' ' � . ' ' � ' � , � � ��_ n •13- 13 r� IN TESTIMONY WH authorized offi (City � Sea1) 13 P�1 58304 DF the parties have duly �executed this agreement by their duly s and caused their respective seals to be hereunto affixed. ' DEPARTMENT OF H GIfi�]AYS_ Recommended fo approval: % `/ t By �« � � V� I� � B y_____.._ , � By ' � i � s iQn�;s�-i:��er Distri�t Engineer u�,rect r - liesign ana Ri.ght f tday Division Approved as to ' � By...��... , � . ' form and eXecution: Assist nt Attorney General -14.. CITY OF FRIDLEY By � Mayor Date $y City Clerk Date STATE OF MINNESOTA By • Deputy Commissioner of Highways Date Date of Agreement) Approved: Department of Administration By Authorized Signature) Date ', ' 1 , ' � � 14 RESOI.L'TION N0. A RESO UTION APPROVING A COST PARTICIPATION AGREEMENT �58273 BETWE�N THE CITY OF FRI LEY AND TEiE STAT� OF MINNESOTA FOR RELOCATION AND ADJUSTMENT OF CITY U ILITIES AT THE INTERSECTION OF T.Ii. #65, C.S.A.H. 35 (CENTRAL AVE.) D D9.S.A.S. 321 (I-IATHAWAY LANE): STREET IMnROVEt•tENT PROJECT ST. 19 S-5 WNER.EA , the State has prepured plzns and specifications and proposes to let a co tract on Jul� 30, 1976 for the construction of a project on the route of Tr nk Eiighway 65, said project being identified in the records of the State a S.P. 0207-35 and S.A.P, 127-321-01A, and being located at C.S.A.H. 35 in Fridley; a.d � � � WHEREA , certain utility facilities owned and operated by the City are presently 1 cated i�»-thin the limits of said construction project and within the limits of a highway right of way on Trunk Highti�ay 65; and , WHLREµ , the State has determined that relocation of the utility faci- lities is n cessitated by the con�truction of the project hereinabove described; and WHEREA , it has been determined that in�luding said utility relocation work in thc Stat 's construction contract would eliminate possible duplication of services an would facilitate coordination of activities. NOW, T EREFORE, BE IT RESOLVED, by the City Council of the City of Fridley tha the Agreement setting forth such terms and conditions £or tne improvement of this roadway is found to be in the best interest of the �ity of Fridley nd the Mayor and City Clerk are hereby ordered and directed to execute sai agreeme^t i;� the name of the City of Fridley. BY THE CITY COUNCIL OF THE CITY OF FRIBLEY THIS DAY OF ATTEST: CITY CLERK � �fARVIN C. BRUNSELL , 1976. MAYOR - tiVILLIAM J. NEE I� . � ' r ' � ' , � ' , � � 1 ' ' ' '' ' . 14 A �',j'�, O?O%...�G `'��11, (c� nilu'"� ��i-i:�tv .l�t C,:�,A.li. 3`� Cit�� !' "ii�-lLev /�st�'eer•:r;t :- •�o. 5�2; 3 At;'.;'IC`' ,1�I�� r7,-� r 7.t,. �� 1',):L� rr,�,'!:7��1`.i /1t;??]'i'."-,";1� '-�� •1_..-�.-.��_��.�1..`__�.J.l_.�_".�'�.._.�_��.�-��.��..`..--�..�.�- AF:Tl'CL�;: I - P;' �.i\'i�.?.� ' '1��T� r1G�;:T:'G:�T na.�ie hy and bct�%e.n tiie Gt�!te of ?`.innesota, ��ctin� :-•V .^.l7C� �:1?iC•il�,') .i.�:: i;n�:'.��i-u:10'1C'i Of l;in17T'^�S. herci:?_ii tC3' "L'E?fk?�l'E:L� �O ;3S i.�:.^_ ��S*_ate" :lP.�. X'�1�. �:`..i.?/ O� �''7"�.G�_f:y y ':�:illil(?E'Ci:i;� �C.`.i-.1�' }:j1 cZ1C� ��liOUc�}1 i�5 �'.��7 �OiI;7C::.1s iiE'Yi'_"i �tfC:Y7' i:'.fc:TIE'.� ;.'O F3S �il^ ��l.l.t'�� t��.r.� �:s��,T.� �;zt;r : ��i:.�''. �i>:i � t}:f.'. 5Y_�it'<:' tir?.S ni27 �y'. C1 i�l.?.TIS �iTi(1 :"�p�Cirica�ior.s 3T7(i t�TCil�n �ES t:0 �E't 9�GLZ�i��C� fS'i .i7_I�.�� 3�� in%� for i�':? CCYLS::YL+.^_f::l()il O` 3 PI'C;�C?::.°'. Oi1 i:Z:f'_ t"0�1:E' 07 iY:ll'1: ��Y t`!':':?�'.' +�? s S<1.G �>TO:�PCt `?�::1!1!'? l�t?;11:�.i1: ti '�i1 `hc? Y'E�CC)YG�S OF t:Iif'. St<«n a.s S.}'. �:.r;j,�3� ;�r•c'� ��ei:.� lacc,te� at !'.5.��..'.'. 35 �fn �ri��lc��%; r:nd �'�4�''.�''.�� Cc Y�c�lil LIf:1�j.tt: ��L`_1 :� �?_C'S R`<•7?'!F'C� �2'i� (lj)t?I'r^iC'r1 �"v �!:G r]_t`.�% c 7'C` nr��sE-r:�:�.�f �OC<^.tE?:? �]ili]17i r��t? �..�T^�t5 Orf �:1�.�('r, COiI��".�'_"L2C��:)T1 nrr�-ir�:r_ �irc� tTli�i�i1 r�iE' il�_':�S Cif � }:lnjl;ti'CV T.�f•,I2L` ^� i�.'i�V �tl �'7:1:?!: !:��'�147�V �i; £i:::j ?:i:�:. r.�l�i� �i�}'_' ,ci�AtC }'i,^.S (!CtE?2';'ti:?:?C� C}"t1� :.�CiOC?Yji_�ll O� �}:C 11i.j�.1!'`,•' f�+.C1i7.G?_:-F> �{S nec�:.Ysi�<1CC�7 �V r[lQ. C;011;i�I'LI��7.CP. Q� ±'}lf �:TO"j£'Ct }I!?TCiI2iit)O�.'E'_ C?:_'.:iCl":.�<<?(�� P.:1C WIIF?';:l`.S� thz Citv is not sL.�.`':��a ar €�.r:i.+;.:�ed ;.o *�eri�r.�r, s�,cr util-it�- 2'r`Z�C3tic�^ at this ti.me, �:�d a sena-ratc� c�n�.•a.c! t_z? t+e let hy t?ie �'ity fcr stich x�locatia:� cou].d res±ilt in interfer�i:ce t;ith the c�^eratic�ns of tl:e �tate's C:ontracro;• due to t17� nro :inity �f t:�e prorosea r.eluca�io�: to ti�e a3•ea in c�*h�.;:� L:lie �t::te's Contractor. �ai i�e �ac?r�:i:,�;, the Cit:- has :-eq�.:�sced Cnat t}�e Cer�nlssi�n�r. act as its a�ent ror tlie hur�osed r.f reioc�tin� said utili.ty faci�iti�s; anci k'IIr. �A_`�, Ct�e Car.,��i�sior.er has de�ermin�d th�yt includir.� �:aid uClli.ty r�l�c<ztion �ao i7 the SCa:e `s c�nstructi �n con;.: �ct t,'r.isl.d A.lir�in�te nos�ib?e _1_ � 14 � A�re��►,�c�,t .'d�. i�i273 duplic�ti�n of service.s znd �roul.d f�ci.lir.��4r.. coorcii_ri� ti.<:n of �etivi.t�l.es so :��s to �erterall.y s. rmlif.y an�l ekr�ec?i.te tlie su�ervisi�i� �nd construct3c�n �f said trunk hic,;r,:��y ons; ruction nroject and ��,•nulc� he j.n the �e�t. i>>t�rrsts of t.%ie �L'ate; a:�c� _ t.'IiLF AS, t!tc� City wi11 reimbur,e th� r�ate tor t?�e reloca.tion �.�orlc � ��ts ind�.c��ted o l':;'�iUit `��'�, ?�nT1 � T}iEPT�-.�nnr- � I 1 IS :\{:T;i T;� : ARTICLE 7I - A?i'v'CY .�iP?';1T.?T""::`dT ^�IT1 Ct1:;STF'.IIrT?n`� I'LA:'?S 7't�e it5, in connection �a.it?z tl�e constructioii c�f thE� a.f.nre^a_ic� nort3on of 'frunk IIi�*�iw�v G5 and nt�rsuant ta '?.S.A, 1.�1.45, Suhc?i�*isi.on 2, does here��y appoint tl�e Co :nissioner of Hi�*t:;�ays as itis aQent to nr_.�:forr� the relocati_�n �T^--�-. on the City's tilitv facil:.t9.es as indicated on �ailibi.t "?3", as necessitated ?��r said trunl; hih}�•rzv constructlen and in accardanc� ;,�ith nlnns and s}�eci`icati�ns desi�nated as �ate Projcct 02.07-35, :�:iicl�z ,ire on �il.e �n the nFri.cF cf the Cr?r.�-i,sioner ai Hia;i�aays <�t Saint P�trl, '�inxiesota, az�u in �he o�Fir_� c�f the Ci.t�� nc*ineer. S4id p12n� ��t�d snec fications are r�<�:�ie a part hereof, �rith t�ie sa�^e r"orce and effect .,.s thoi�,^_t; fu�ly s t for�h herein. Before the .ii;3iP_�S Cor,�Yac�or shall benin such ut{l.�.tv xelo��etions, tt r_ Plans, s�ecific�tiens and s�ecial Pravis.t.ons ther�f.ore C}izl? �e apnroved by th Citt�. AI'TxCI,E IIT - ,t;LnCATICI:? A. onstri�ct_{on ;�nd 7n �nectiott . The omr^issioner shall nn hehalf of the State and as a�en*_ for the Citv da and perf-orrt the folla��rin�: Du1y acivertise for bids and award a contract £or inters�ction revisi.ons on Tru�i; Hlnh*, y G5 in �nol:a Countv in accordance with Plans and snecifications therefore desi, ated as State Project 0207-35, �ahich project incltides relacation of City utilit, facilities as stated in Articl_e II. I ' I�-�-'�--�._... _z_ � �, , � A^,recr•cn t ''�n . S ;?_ 7.'. 14 C Sune.vi_�c �'?^G :1�:V2 C�lii?"^f 17f tiilC COI1SLYltC1:�i�1? Qf 51.tC� ��.':i.E? T'r�j�cr. incluclin^ ,1;e eloc^e�.rn� o` Cit�� utilit-r Facflities as a r.�1TL t?�erF�oi. ��,i�,� S'.;i:.}1 C�:=c:l^(:•; jri ��t.li1 O1' (:}tF? C�'1?'<�{'it?i n� t�lE taf?Tl: fni sa.ici�r,i.tv uri_l.i.ty facili_ 'e� as s1»l� 1�e recor�;�Pn�ieo bv �l�F+ ennineer irt ciizrF� of i�?�e ;.or}-. if he. cr,netirs 'n such recc�-�^endati�n?.; or ss sita].l. ir. the. Cc�n��iss�cmcr's ju�l�r�f�nt �>E 1C£iSOit�?�J1_! C('.CSS&T�: i0 C�L1S2 SFt)�� 1�7'O:�PCt r0 ��F'_ j.P_ �11 L:1111�`.^i Ct)T1,�i�lll:i.Ctj 1i1�: C07^!��E�t?C� �it A i,?.k.'�SF� Ct(�?`;: t`::znner c'?Tit�� t^ :."�.;it (?t]C 1i1C� ?� SI.i/>j��-CT:eTtt;?1 tC1 1I1}� COl"t�I3C�: 1.�'t f 2" ��lZ CQP.itTL1Cr2C!1 OF c�1Q ncojLCe �O t'?'1�E?i lTlrO fL1? illlt! OT'i }`C}:$i.f o.` th� Ci.ty an. suni?l�.ren�al a�reer.�e:it ��itl7. the Contractrr for thv nerfor;�ar:ce �� any ex�xa wort: o* �.��or�: eccasio�ed by anv necess:��y, .��iv<�nt��eous, or desi r.at,le chan�,e in p�an . �io��rever, ttte Cot�r^issi�:ter or liis rePresent��3_re sh�ZJ. confer wit�� thA City r its asthorized repres�ntative before r+alcin^ �nv such chanre in pl�?ns or enterin� .into an; sut�i�le?�er.0 to ttie co�str�rction con�r<�ct xe1G��Ll� to saj.d City utiiit�� facilities. The �ity herebv authorizes tne Cot�stLU�ction Ft-x�ittee?" of �he n�n�rtr.:ent n�' Iii�hc,:ays ac�in� unr!�?- the reneral sunervision af th� Canr�issioner of I?i�t��,*a�-s f.c�r and oct its behal*' ta dete:-!�.i�e and nass on the v� r�ous an�i se�,�eral ite,:rs of ex�ra woric or chan�es of nian r►ecessar}* or desir�ble dur�.r,� tlie co:�struetion of. the afore- said proj�ct ano does hereby autl�oraze said C�jnstruction Fr.;�.i.neer to ent�r into {or and on hehalf of the Cit� the supPler.��ntal a�:re�ments s�ecified in the nrec.�c?in� parafiraph her of. � Do � nd perforr± o� behalf o£ the �ity �11 other acts and Chin�s necess�.rv to cause said rraiecC eo be con,plete.�i in a satisfactory m�nner. The relocation nf said City utility f�ciliti.es si1a11 he under the sunzr- vi_si.on and di ection ef tl:e SCate, hut said worl: �^ay be insPected nerioclically by the Ci.ty or i s��uthorized rePresent�tive. If tlie City, after the ��ork h�s heen completed, be ie�es said City utility £acilities have not been rroFerly constructed, —3-- r ' � 0 Arrcer��ent Tio. 5£32.73 14 D or ttiat t11e ��o k is de`ertive, the �3_ty sh.►).1. inf.c�:-r+ th�� t1t�'s Cnn�truction Ens*.ineer in �:r� tin^ ot such defects. Any reco�:.+.r�=�ndati�ns *�z�ie by t}ir. City re- par.dinr the o�o I: prrfnrne�i tmder ��iis a�reer�ent are n�t h�.n�l�n� on t?iE: Statc,� anc� t?ye :�tate }lall ha_ve ts�z exclasi_•��e ri�,ht to datermine �a;�etii��r ��1� work has been sat�sfact rilv nerf�rnecl bv [h� State's C:�ntrac*_or. /!11 t�ork stlal?_ i�e per- f�rmed in suhs antial acc�rda.nce �ai.r_h the a.nnroved nlar,s. 33. uture ?'�:i.*�tenance " A£�4 the State accents the t�rork, the Maint�nancc� o{ sa3d relocated u�i.•1_ir,y f.ac{.li ies and appi:rrenances thereta shall be perf.ormeci t�y the Citv ��ith- out cost or e;� ense to the Sta�t:. AR�`ICl:,E IV - A �r;c�� r��,�:;;r � 0 The ctual cost of. said utility relocatian sh?il he deterr.�ined on a conLrcct unit parice bas .s: Thc C:�tv hareby authori�ES the Cer�rlissioner, as its ap�ent, to .��v the Statz's Co� tx<�ctc�r dixectly for said utfiity reloc<7tiozls. TI�n ity shall Pay to t��e ^ta�e a1.1 C05�5 i.ncuLred by �he "t�te in tl�e re].ocation of aid utility facilitiess. In ac�dition to said construction costs, t'�.e City also arre s�o na�� to tila Stai:e � seur,,equa7. �0 8.0 nercent of t'.ie contract c:nit price, it beinf. understood ii�at said additiot�al na,�,�.�.nt b�• the City is ths City's share of th� e eineerinp., costs incurred bv the State in connection witit the taork perforr�ed here nder. � IC i estimats�d that said co:>t of the City's sha*•e of the ��ork hereundtr and said en�in erinn casts inctir.red hv L-he State in connect:ion tiierc�:�ith c��.11 t;e approxinate2y ne Thous�nd Sis llimdred Poux�y Three and 7.G/10(1 �o11:T:s ($i,b4?,76) . T_t is conteiln ated that all of said wor� as provic?ed `or :in said pl��ns, snecif.ications, and special p ovisions in the af.oresaid constri�ctian of Trun�; IlirhtVay 65 is to be done by contr ct basis. If thr. Citv does nor anrro��e of. the uni.t »rice t�id hv th�� State's Contr ctor, the State �ai11, at the C;ity's wi•iCten request, delete the utilitv -G - ' I �• ' � i'I 1 e . s r lc+cat ton £ , sota Aer�rtme April I, 1y76 1<< E .h�rncrv�nt ."70. 5R273 its �mrU 'n accnrd?i1CC •..*i th St�^.nd.�rd fineci fic��tion 14�2, 'fimie- t of }Ii�h�:a->�� '�tr�ndar.d Sn�c3.ficati.�ns for }ii�h��:��j f;nristri�ctt�n, clatc�� Tti� I City inder;ni`ies, saves a�:d ho13� h��rr].ess the �cate and all of it� a�ents and er lo��ees of and f.raM any cl.;.;^s, der�iand:,, �r_tions or. causes of acti�n of �ahat�o�ver natiire �r r.h�racr.�r �rist.i^ c�,_it of nr �hv r.eason of tha �?�letion �f � the u�ility r.locatic�s a.nd fu�-ther ��ee, ta defend at �ts �wn sole co;;t �nd e�rense ''' aFiy actian er precee�lin� cor�r�erced ror �'.ie ni�rnoses c�f �ssertin�* any c11ir� af �:�h;�tso- ever characte arisin� heretmder bv ��irt�xe o� tlze deleti�n of the ��tiJ.itv r.e)_ocnti�ns. II' The City a_�rees to advance to �the CotYr^,issj.o?'�2r o� �iinh�aavs s3id sur� of One Thousand i.x }?un�red Fourtv '!'hree anci 7E/100 Dollars lS1,61�3.76) f.orth;ai.th unnn execution o3: hi.s aryree.r^ent an�l vvon receirt o£ a,request fr.ar� the State for such gayment. t�po completian and �c.centznce of the �a�rk Provide.d foz in said contract br t'�e SC�te nd t}ze �renaration by the State of a fir,ai cor:�utati.en cieCerr:+ini�� the amnunt ds tlie Contractar nerforr.�in� thc �vort:,. the C�^�missi�ner of �?3_�i:�a�ys st3:+Ii 'deter�in� ai�d corpu�e ttie ar�ount due thc� 9'runl: F,i�ht,�v �'und of the �t�te af. ?`innesota herecmdea fro:. the City. Af.ter Clle Ccm:��i.ssioner of Fii�h��=avs shatl have cletermine�3 t�e actual am 12nt deie fr�m the Cdt}*, he slzall ap�ly on t:�� nayr�ent thereof. as r��uch a.s may be nee ssar.y of said sut� of tlne ?'linusarid S�� i�unclr.ed ?'cs�rty Thr�e anct 7G/lOQ Dollars ($1 �6 3, 76) p�id b�a tl�e Gitv. If t}�e ar�c�unt foiind duc f.rom the City siaall be less than aid sur;, then and in that evert, ttle h��.anc� of said strm s]ial�. be rP- turned to the Citv �:�:tthnut interest. If the amount so �`our,�i dt�e from the Ci.tv s�all exceed the su � ef �ne "'ho�s�nd Si:: l-?undred r•�urty 't'hree and 7(/1C10 �oll�rs (Sl,f�43.75), the City a�re s to nro�ntly nay the State the diffe.rence hetc.•een the ar�ount ctue and said sum of e Tl�ousand `�i�; I?undred F�surty Three and 7f�/1f?C� nollars (S.1,6G3.7h) , It s further ac�reed� Chat the af�r.esai� c�r�nutation <<nci deterr.±in�tion }�v the Cor�riissio er of 1?i••tt�,r�ys of tlze amount due from tlie City hereunder sh�ll hc final, l�indin�* and conclusive. It is f.urther aQreed that the accertance bv the ' -5 - !'.F'l�('nt°:�'.ilr '�In• 5� �7� lu F � St.�te of the c Kn).�te�' worl_ nrovi�?ec! f�x ,.n saic' �1�:�^, snecific�t-i�n:; �nd src�ci:?1 i, �rn�,i.sions to e Perf�rr,c�1 �mrlc�r cor.r_r��r. a�, af�r��cair' ;;!��7.1. he finai, `�in�li.nr and conc.7iisiv� ttron t?�^ Ci�.v �.c t,� CI�e SatiSf:,ct�r� c�mnl�ticitt of �ai:� tanrlc. . . . _ ;' Ai'TICL': V -- ��.r r!��'/�.I, !?`� �nl,.:C�;. Befo •c thi.s afirr_c.�ent becr,r�2s bi;zd:.nh anci e�Fecti.��e � it i!11J.�. �J? arr,rev�d i i� by resolurian f the Cit��. Co�.�lcil �.nd sh.^.�.1 zlsa recei.ve t}ie :�nn��ova1 0� s��ch Sr.ate o�=ficers <s tn 1a=.a may aravid�: �n addition to Lli� Co.^.:r�i.ssioT�e� n4' }'.i�h�,ays. _.F� .. 0 rri �rj by t-hc.ir dulv ; unto affi;:ed. {CI7'Y SI.AT..) A�reement No. 58273 iT.if�(1':Y i;`Ii�:'�j.nF� 4:.f� T1�;"r�'.c :l�'1�':? C�11.��' �.'.?:�?Clll'^r) t:}'1�_S �?f'I'C:E?TtiC.i11' uChorizE.�; offi-� �, �n��i eausc�ci the:i.r r��>n:�r�iv� sc�als to he hccrc�� p�r,,nT•;?�;r;T (iT 1 Tri;:'AYS f:cccnr^ended fo arProval: Dist:.ic� 3�n�3.ncer Ut�Ii�ie� rn�i-neer Cernmiss3oner o� Hi��nw��ys sy llirector, R t�ht of �dzv (�rerations Aprro�•ed as ta form and exe�ution: Speciaz Assi.st�nt Attorney l;eneral STAT?. 4F ?iI`:�ZL, CYTA ) ) ss COtRd�'X QF It11riS. Y ) 1 �� G CIT'�' (�; Fridley }jy __.,_..______---.__ �,i�V�r Y__.�.._.�----__. ry __.______ cit� �:�.E.TK �'__^._.� srn��r�; or• ,TZ,^arsn�r.n . P.ecor:?�e*.yde� far <:,rprovryl: nirectar, ��fice of 7'i�;ance l�inance A�ency Coreatroll�r i3v Date Anproved: Comr�issio��er of :!d:�in�s�ration �y At�thorizec� Si�nature th1 t. is day of _ , I97 __._, before ise nercon.�lly 8PPeared , ta me kno��•n to be the Directox of Figh� of Ida• Qperatio�ls, actinfi for the Cor:missiener of }Iirh�,�avs of ttie State of T�tinnesota, nd ti:e Person wiio e�ecuted the fore�oin� instrument in beh�alf cf the State of ?�i nnesot�, and the Commissioner of IIirht,�avs, and acl:no�.�led�ed that he executed th same as tlie free act �nd dee�l of the rt�te of. *tinnesota. � � � �� 15 R�SOLUTION N0. A RES LUTION APPROVING A COST SI�ARING AGREEMENT BETWEEN THE CITY F FRIDLEY AND ANOKA COUN1'Y F01'< IMPROVEMENTS AT TtiE INTER ECTION OF T.H. 65, C.S.A..H. 35 (CENTRAL AVE.) AND M.S.A S. 321 ( HATI-tAbVAY LANE):. STREET IMl'ROVEM£:NT PROJECT ST. 1 75-5 WHERE S, the City of Fridley has entered into Agreements #58273 an #58304 with the State of Minnesota, Department of Highways or the construction of turn lanes, channelizations and stoxm sew r facilities and other improvements incorporating State Trunk Hig way #65, County State Aid High�aay #35 and Municipal State Aid Street #321; and � WHERE S, the project is beneficial to the County, and for this reason �th County has expressed a willingness to enter into a financial arrangement with the City whereby certain portions of said proj ct will be paid for under the terms of the attached agreement dated July , 1976. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Agreement s�ting forth such terms and conditions f.or the i.mprovemen.t of this roadway is found fio be in the Uest interest of the City of Fridley and the Mayor and City Manager re hereby ordered and d�rected to execute said agreement in the name of the City of Fridley. ADOPTIBD BY THE CITY COUNCII, OF THF. CITY OF FRIDLEY , T��IS __ � ' � ATTEST: � rTTV rr �: k = I� �� DrY OF II�T C . BRUNSFLL , 1976. MAXOR - WILLIAh1 J. NEE St. 1975-5 AGREEMENT BY AND BETWEEN TiIE CITY OF FRIDLEY AND THE COUNTY OF ANOKA, DCPARTMENT OF HIGHWAYS ;,�.� , ¢ -z 15 A THIS NDENTU?E, made and entered into this day of July, 1976, by and bet►aeen lie County of Anoka, State of Minnesota, hereinafter referred to as County; and the City of Fridley, State of Minnesota, acting by and through its City Council, h reinafter referred to as City. �VIT\ESSETH: 1VHERE and specificati State Aid Proje and s�orm se�+•er Tfi 65 as it int improvements, i and other impro it intersects w AS, the State of Minnesota, Department of Highiaays has prepared plans ons and zs about to award a contract for State Project 0207-35 and ct 127-321-01A for the construction of turn lanes, channelizations facilities, and other improvements upon, along and adjacent to ersects with C.S.A.H. 35, and for the construction of roadway ntersection modifications and realignment, storm sewer facilities, ve�ents upon, along and adjacent to M.S.A.S, 321 (Hathaway Lane) as ith C.S.A.H. 35; and WHER AS, said proposal and plans have been submitted to and approved by the City an County and the same said plans have been approved by the State of Diinnesota, epartment o£ Highways and are on file at the same; and ti�-IER AS, the State has entered into agreements Number 58304 and Number 58273 exclusiv ly �aith the City for parti�ipation in all non-state portions of above referenc d projects which said agreements are on file with the City and State; and WHER AS, the Federal Highway Administration has designated the State Project Number 0207-35 portion of the above referenced contract to qualif}� for Federal Aid pa ticipation in the amount of 72.06% of. all construction costs with the exception f State Aid Project 127-321-U1A, which is t,o be funded by the benefited loca jurisdictions; and , the above referenced projects are also beneficial to the County; and � � WFiER AS, both tlie City and the County believe that it is for the best interests of t e people that said project and related iml�rovements be conducted on a cooperati e and joint basis; and � wa � to ac � � - ' S, the City has acquired all necessary easements and rights of te said referenced projects. --_..�. I Agreement City of Pridley/ NOW 1. T: the costs as ou change orders o complete said c share of constr upon percentage struction work appropriate uni mental agreemen S.A.P. 127-321- St. ].975-5 -2- y of Anoka , IT IS MUTUALLY STIPULATED AND AGREED THAT: � County shall pay to the City, as the County's full share of lined in this agreement and including the costs of any contract supplemental construction agreements which may be necessary to nstruction. Said payment by 'the County hereunder of the County's ction costs shall be based on the herewith incorporated and agreed of the final quantities of the cost participation con- tems performed as determined by the State, multiplied by the prices contained in the construction contract and any supple- s to be awarded by the State under Projects S.P. 0207-35 and lA. � ].5 B , 2. 1 0% of the roadway construction costs not reimbursable under Federal Aid funding as hown and described in yellow color on said attached Exhibit "A" and summarized n attached Exhibit "C" shall be the County's rate of cost parti- cipation in the construction of the County State Aid Highway No. 35 roadway approach to the easterly side of TH No. 65 intersection. 1 0% of the roadway construction cost not reimbursable under Federal Aid funding as hown and described in blue color on said attached Exhibit "A" and summarized on a tached Exhibit "C" shall be the City's rate of cost participation in the construc ion of the Municipal State Aid Street No. 321-01A roadway approach to the easterly side of C.S.A.H. No. 35. 3. 1 Oo of the-costs as they relate to the storm sewer facilities as shown and de cribed in red color on the attached Exhibit "B" and associated utilities, all f which are summarized on the attached Exhibit "C" shall be the County's ra e of participation in the construction of storm sewer facilities and utility adj stment and relocation under Project S.P. 0207-35. ,� 1 0% of the costs as they relate to the storm sewer facilities as shown and descr'bed in blue color on the attached Exhibit "B" and associated utilities, all f which are summarized on the attached ExhiUit"C" shall be the 1 City's ratie of articipation in the construction of storm sewer facilities anc� utility adj stment and relocation under Project S.A.P. 127-321-01A. , 4. $2,600 of the preliminary design on attached Exhibit "C" shall be the County's preliminary design engineering. � � � � marized on att< for preliminar; engineering costs as summarized rate of cost participation for ,901.82 of the preliminary design engineering costs as sum- hed Exltibit "C" shall be the City's rate of cost participation design engineering. �J Agreement 'I � City of rridley County of Anoka ' I� �� r � 5.. I� prorated shares additional item� A� B addition, said of the costs as St. 1975-5 -3- 15 C payment by the County shall also include the County's summarized on attached Exhibit "C" of the following Maintenance and Restora.tion of Haul Roads 37.444% of the agreed upon County's cost participation of roadway, storm sewer, and maintenance and restoration of haul roads as described on attached Exhibits "A", "B" and as summarized on attached Exhibit "C". Mobilization 13.710291% of the agreed upon County's cost participation of roadway, storm sewer, and maintenance and restoration of haul roads as described on attached Exhibits "A", "B" and as summarized on attached Exhibit "C". Field Laboratory, Type "B" 2.143504% of the agreed upon County's cost participation of roadway, storm sewer, main�enance and restoration of haul roads, and mobilization, as described on attached Ex- hibits "A", "B" and as summarized on attached Exhibit "C". Construction Engineering 8.0% of the agreed upon County's cost participation of roadway, storm sewer, utilities, mobilization, and mainten- ance and restoration of haul roads as described on attached ExhiUits "A", "B" and summarized on attached Exhibit "C". 6. It is estimated, for accounting purposes, ihat the payment by the County of its share o the cosrs of the construction work to be performed by the State under Projects S.P. 0207-35 and S.A.P. 127-321-01A which includes the County's share of the p orated items "Mobilization", "A4aintenance and Restoration of Haul Roads" and "Fi ld i,aboratory" plus the 8 percent construction engineering cost share is the s m of $11,778.80 as shown in the attached Exhibits. The City shall, when a onstruction contract is awarded by the State which includes City and County's cost articipation construction work to be performed hereunder, prepare revised Exhibi s based on tlie construction contract unit prices and submit a copy of said revise Exhibits to the County. The County agrees to advance to the City an amount equa to the County's total cost share as set forth in said revised ExhiUits be it more or less than said sum of $11,7�5.80 forthwith upon the ex- ecution of thi agreement and upon receipt of a request from tne City for such advancement o� funds. 7• t is contemplated that all of the construction work to be performed under said Sta e construction contract is to be done on a unit price basis. Upon the completion and acceptance of the �vork provided for in said contract by the State and tl�e prepar tion by the State of a final estimate computing and determining the amount due the contractor performing the work, the City shall determine and compute the amount due the City from the County for the said County cost participation construction w rk as set forth hereunder. A£ter the City determines the actual amount due fro the County the City shall apply on tl�e payment thereof as much as may be �ecessa y oi the aforesaid funds advanced by.the County. If the amount found due from the County shall be less than the amount of the funds advanced, then, and in tla� eve�lt, the balance of said advanced £unds shall be returned to the County ithout i�.�lterest. St. 1975-5 , Agreement -4- 15 D i� City of Fridley County of Anoka i' If th amount found due �rom the County sha11 exceed said amount of funds advanced, the C unty agrees to promptly pay to the City the difference between � said amount fou d due and said amount of funds advanced. 8. T at upon completion of ttle.improvement and the acceptance of the improvement by he State with concurrence from both the County and the City and the final payme t made therefore by the State to the respective contractors, which shall have the pproval of the City and the County, then these conditions having been met and co pleted, they shall serve as an indication that the Agreement has been �erformed n full and shall be binding then upon the City and the County and. will serve as a final release of any and all financial, liabilities between the City and the Co nty. '' � � 9. T at said aforementioned Agreement shall become binding and effective on approval by esolution adopted by the Council of the City of Fridley, D9innesota, and by approval of the proper officers of the County Board of Commissioners. � � IN TE�TIMONY WHEREOF, the parties have executed this Agreement by their duly authorized officers and caused their respective seals to be hereto affixed. � City ' ' . ' r RECONA9ENDED APF , County Engineez ' Cit En ineer Y g �� I� al 'A L CITY OF FRIDLEY By William J. Nee - Mayor By. Nasim M. Qureshi - City blanager COUNTY OF ANOKA By Chairman - County Board By County Auditor 0 -�. N. 8. T. H. 65 � �� o U �,S.A.H. 35 ICenirot AveJ—� ' U � ra • i� � � + � y m O . '_"p� CurD 1np, : � � _' .,.. + T�HII3IT ��n�� 15 E Oesign 0 Modilied Q � C&G � � � .•"n+'� TO DRAIN � 7 ` 3 2 9 � CI �_ --,, ,J � - - " ' O _ _ 60' R. _ = 1T�b� 2 . .14 � ,� o N i �: Bit. Curb Inp. 2t1 R. '-� __ �y, .: . �Y� 35 18' -�,14' -- = IS:t 121 ??, �33 * � N.B. T.H. 65 �P 1 �t � � ~ � h�,pCD . egin BiL Curb Const, t- Y Q° Ttt,t�K��j.. .�0� � 34+51 Begin Overlay on Fr Rd. _- "�_` � � .� 1p.R �_c��_ , ,'� �--..`_- ��P�a4 � ai4 End 10' CurG Tr nsilion 16+ s?, � � ��a�4r � to hWtch Bit. Gur B�G �� y ��,� � .` a11 �ith 3' Radil � , �-S.E. �; �� ;__ �� ( R/{V /�Q- � V6 Corx�, Curb � � g �=; � e �,��, � 70' Cia�o � �1"��ti�� ` � 61�'C ��''�`� �� +0p 8egin B(18C &G and � \�� ._=, _z `�G ��' 1n . Conc. SIaDIFuturt Bus ShtNerl � � match wN6Gurb inp. YSCurb tnQ. ° ,}-`'+' - - " p S° r . . �.^-y.-'�' -�-- � �80 nd �6 Curb and � 1Q":?°.�, `� ,01 �' • . , S' r" ��_ �__ , ' mat wN6 Curb Inp. L�R Hathaway lan ' -�"`-'c�� fo. �IT< EKf;�O�r� ' i ��' ��'� cG'a - -� � �r ; �� b�, i0' BIT. EM:� � �f ��6� ''G _�2r Y`'b `� �e� . � IINP.I '}'�, •! ��,�T�1JPa � . .�ti; , � 2l` t np ; � \ ��,� _ d�_ : ra� �''� �,�° \, ��'�;��_ tio�` FRtQ(vEl' � 0 �.`.�� `� y,4��'- ��j` x ,' , COtit. $.lWo =� \.�•�c. ,t�a fOC Jsl �� G6 �' � , . `� � n Q � ~ ��N°G/ `� SCA4E:P°�. ...s \ a 661BC&G-� • �� . �� f � . � � �i� \ . ' • , � .Q �{,, 11 � Construction B6I8 G � G � � . � �A � � � 1Q , ' . I8o f�t. EKT, ( � ��; `•� . • IINP.! A�; ` �`� E l� kleThE:1�kY I�I�L S:l;. � 2?i-321-4I r �� . 30' R.� n(S �'' � GOR'G. DR. tINP.1 - 14' END 6618 C& G �, i . �.; �' ' � � � Pocx sr. , . � � so.5 Begin Ral� r ,� �. \��4 \ . , , � O�' v �0`;��'` / • . . . , � • P.OADjVAY C(1N TRUCTION � � • � tCounty, (Yel ow) . . S.P.� 02 7-35 ' 1000� $3,873.82, ' . � . City (Blue) • , ' � S.A.P. 27-321-01A 1000 $12,545,40 . ' . . . � ,� 1 1 CT.li 45FL6. '� � ll 1 Fieadwallllnptace} � �18" C.hL P. Inp�ace Rtnwe 10 L f., Piug upstrea End �nd �Cendon,Remainir� Pipe. , ' 0 � � D. I. � 0 V , i d, � .' � � ' - . • � 1 ,, ." �'s� A ,� � /- o � 'rYIAA't{OlE � -CATCH BPSiN a -DROF tM�t I�P4.ACE f1� Tk tut 3}d r�ts STORM EWER CONSTRUCTION ' County $2,640.63 �City $5,046.00 � . .� � , •• ' 1 ' 1 � ' . , � ° ' , m � � A � � � 0 J w , 0 � �u � ' 0 EXHIBIT "g" ,, 15 F , � ' � , $� � $ ! � � 4 � A. B. C. L� E. F. G. H. EXHIBIT "C" COST PARTICIPATION SUMMARY � Items �CountY City Roadwa Co struction S.P. 0207- 5 . . $3,873.82 S.A.P. 127 321-01A . . . . . . . . . . . . . . . . . . . $�2,545.40 Storm Sewe Construction S.P. 0207- S . . . 2,640.67 � S.A.P. 127 321-OIA . . . . . . . . . . . . . . . . . . . 5,046.00 Utilities S.P. 0207- 5 . . . 510.00 S.A.P. 127 321-01A . . . . . . . . . . . . . . . . . . . 1,012.00 Preliminar Design Engr. S.P. 0207- 5 . . . 2,600.00 S.A.P. 127 321-01A . . . . . . . . . . . . . . . . . . . 5,901.82 Maintenanc F� Restoration Ha�l Roads S.P. 0207- 5 . . . 374.44 S.A.P. 127 321-01A . . . . . . . . . . . . . .. . . . . . 283.08 Mobilizati n 13.710291% (Items A,B,E) . 944.49 . . . . . . . . . 2,450.64 Field Labo ator�y, Type "B" 2.143504% Items A,B,E,F). 167.91 . . . . . . . . . 435.67 Constructi n Engineering 8.0% (Item A,B,C,E,F) . . 667.47 . . . . . . . . . 1,706.97 TOTALS . . . . . . . . . $11,778.80 $29,381.58 St. 1975-5 15.G I� 1 , � � � CITY OF FRIDLEY M E M 0 R A N D U M T0: N SIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: h1 R11IN C. BRUP�SELL, ASST. CITY MGR./FIN. DIR. SUBJECT: I SUANCE OF $325,000 TEMPORARY IMPROVEP�ENT BONDS , S. 7976-1, 2 AND 4 DATE: J LY 21, 1976 The purpose of the attached resolutions is to authorize the issuance, and sale an purchase of $325,000 in temporary bonds. Proceeds of the bond i ssue i 11 be used to finance the ST. 1976-1 , ST. 1976-2 and ST. 1976-4 treet Improvemeni Projects. These improvement projects involve the general street improvement program for the City of Fridley for the yea 1976. No financing has been provided for these projects to-date, The City In estment Fund will purchase the bonds. Tf�ese bonds could be held for as long as three years. At some future date, these temporary bonds will e replaced �vith permanent b onds. The amount of pe rmanent bonds neede �vill probably be considerably less than the $325,�00 in temporary b nds. Prepai d assessments wi 11 be used to pay off some of the tempora y bonds. MCB:sh '' . �J 16 � �1 A RESOLUTION N0. RESOLCTION DIRECTING THE ISSUANCE QF TEMPORARY IkIPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CNA.PTER 385 BE IT RESOL�iED By the Council of the City of Fridley, Anoka County, Minnesota, as follows: 16 A SEC. 1. 'nc �oral estimated co�t of Street Improvement P rojects ST. 1976-1z Z � and 4 has been estimated at $325,000.00 _ � SEC. 2. It is now estimated that the sum of �325,000.00 is .:urrently necessary to provide financing of the projects above noted, and it i.s hereby � � detercnined to be r.ecessary to borrow said amount for the payment of obliKdti�,ns now incurred and for e::penses necessarily incurred in connection with the constructidn of said improvement project. SEC. 3. T ere is ;�t�reby created Street Impravement Proiects ST. 1976-1. 2 _._� n �.,hirh ehall rnntain A CnnGtTllCtlOIl account ' as part th reof into which shall be paid all proceeds of temporary bonds issued � I � ' pursuant tc� this resolution and similary subsequent resolutions, and uut of which shal be paid all amounts due and payable as costs or expenses incident to or incu red in connection with the making of said improvement. SEC. 4. T ere is also hereby created �treet Improvement�j�ts �L 1976-1, „___ � t_.. _ a P& I Account , which account inlsaid fund may and shall be termed as the P& I Fund, into which shall be p id the proceeds of all special assessments levied against benefited property b reason of making of said improvements as we11 as all other monies therein to be paid as provided by law and out of which shall be paid the principal and interest on all temporary improvement bonds issued to finance said project. SEC. 5. It is hereby determined that the sum of J� 5�QQ0.0(1 shall be borrowed' to'financ said ��pet Imprnv�ment Projg�tt �T �a�ti_� 2 and 4 with resp ct to cost of construction and expenses necessarily incurred relative � � ' thereto to �his date, by the issuance of temporary improv�men� bonds of che I � City of Fr I �, as amended lev as authorized in Minnesota Statutes, SEC. 429.01, Subdivision 3, Laws 1957, Chapter 385. SEC. 6. Sa d bonds shall be payable from the P& I Fund of the following: Street Im rovement Pro,iects ST. 1976-1 i 2_and 4 but the City fu�rther recognized its duty under the law, a, provided by Sec. 429.091, and covenan�ts and agrees with the purchaser and all holders from time to time, of said terdporary improvement bonds, at or prior to the maturity ther�of that it will pay a d retire such bonds and the interest thereon out of the proceeds of definitive imprvvement bonds which the Council shall issue and se11 at or prior to the mat rity of the temporary improvement bonds to the exte��t �hat the same cannot be aid our of funds available in the P& I. Fund of Street Improvement Pro'eCts T. 1976-1 2 and 4 or out of other Municipal funds whic are properly available and are appropriated by the Council for such purpose. SEC. 7. I is hereby determined to levy special assessments against benefited property b reason of the making of Street ImproYerr�nt Projects ST. 7976-1 . 2 and 4 and to levy ad valoresn taxes, if necessary, to produce s s at least 5/o in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bonds and on any definitive bonds to be issued as herein provided, such special assessments to be placed on the ta rol:�s at such time when said improvement projects have been completed or the to al cost thereof has been determined. SEC. 8. aid temporary improvement bonds in the amount of $325,000.00 shall be denomi ated Street Imnroven�ent Proiects ST 1976-1 2 and 4 Bond Ser es "A" shall be sixty-five (65) in number and numbe ed from 1 to 65 inclusive, each in the denomination of �5,000.00 shall bea interest at the rate of 7q per annum, payable semi-annually on Januar and July of each year and shall mature on July 15, 1979 , shall be ubject to redem�tion and pre-payment on any interest payment dat�, at par ' 16 C and accrued interest. Not less than 30 days before the date specified for redemption n said bonds, the City Treasurer shall mail notice of the call thereof to he holder, if known, said Treasurer shall maintain a record �f the names a d addresses of the holders of said bot�ds insofar as such information is made ava'lable to him by the holders thereof, for the purpose of mailing said notices, The principal and all interest on said bonds shall be payable at Fridle it Hall 6431 Universit Avenue N.E. Minnea o1i� Minneso!a 55421. , SEC. 9. Said temporary improvement bond� shall be mimeographed and when So mimeograph d shall have attached there�o an interes: coupon which hond and coupon sha 1 be substantially in the follvwing turm: (Form �f Coupon) No. $ (Unless th bond described below is c311ed for earlier redemption) on the day of , 19, ,: h.• County, Minnesota, will pay to bearer at , Minnesota, . h� :�u�n of money of t e United States of Amei-ica for interest then due on its DATED CITY MANA SEC. 10. uf the Ci of the Ma 0 of dullars lawful ;R MAYOR iaid bonds and coupons attached shall be prepared under the direction � Manager and shall ba executed on behalf of the City b�• the signatures �r and Manager, and the corporate seal of the City shall be affixed 16 D thereto, an the appurtenant interest coupo�i shdll be mimeographed and ;�uthen�icated. by the prin ed, engraved, lithographed, ur facsimile siKnatures uf said Mayur and Manager. W en said bonds have been executed and authentica�ed they shall be delivered b the Treasurer to the purchaser thereof, upon payment of the purchase price heret fore agreed upon and accrued interestcu date of delivery and said purchaser s all not be obliged to see to the application thereof. SEC. 11. T e City Manager is hereby authorized and directed to file a certified copy of this resolution with County Auditor of Anoka County, together with auch other infor ation as he shall requirc and to obLain from said County Auditor a certificate that said bonds have been ent�red on tliis bond register. SEC. 12.� The bonds issued hereunder �hall be payab]e for Street I�qrovement - which is hereby created. Thc Treasurer hall cause all monies received from the proce�ds oi said bonds, all monies app opriated and transferred from other Sunds and all special assessments for the im rovementti provided that if any payment uf principal or interest shall become due when there is not sufficient money in said fund to pay the same, the Treasurer hall pay such principal or interest from the general fund of the City and such f nd shall be rein�bursed for such advance:� out of monie� tu be credited to said fu d wl�en said monies are collected. All proceeds for Said bonds except . accrued in erest sha11 be credited to the fund and used to pay the cost of said � improvemen s. SEC. 13. t is further provided that should it appear at any time that the monfes � credited t said fund and pruvided for the payment of principal or interest on the bonds when the sums become due are not sufficient to pay the same, that chen the � � ' City shall issue further definitive improvement bonds as authorized and provided in accurda ce with MinnesoEa Statutes, Sec. 429.091, Chapter 475, and that the pracess of sai.d further definitive bonds shall be first used to pa�� the principal and intere�t as is then due and �o redeem the temporary bonds issued thereundcr. , 16 E � SEC. 14. he City Council has determined that not less than twenty percent (20%) of the tot 1 cost of said improvements will be paid by special assessments to be levied aga nst every lot, piece or parcel of land benefited by the said improvements. The City h reby covenants and agrees that it will do and perform, as soon as they can be don , all acts and things necessary for the final and valid levy of such special as�essments, and in the event that any such a�sessments be at any time. held inval�d with respect to any lot, piece or parcel of land, due to any error, defect or rregularity, or zn any action or proceeding taken or to be taken by the Counci or any of the City Officers or employees, either in the making of such asses ment or in the performance of any condition precedent thereto, the City and t is Council will forthwith do all such further proceedings as may be required b� law to make such assessments valid and binding liens against such property, nd also shall take such further proceedings as may be required by law totprovide monies for the payment of principal and interest as the same fall due on the SEC. 15. and the and will s issued hereunder and to provide for che redemption of the same. t is hereby detennined that the collection of special assessments ceeds of monies appropriated and transferred from other funds is in�an amount of at least five per cent (5%) in excess of the amount required to pay the principal of and the interest on said bonds when due and � that no a valorem tax levy is accordingly required. . ' SEC. 16. The afficers of the City and the County Auditor of Anoka County are hereby au horized and directed to prepar� and furnish to the purchaser of said i � � ' bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and recorus relating to said bonds and to the finan ial affairs of said City, and such other affidavits, certificates and informati�n as may be required, to shou the facts relating to the iegality and marketabi�.ity of said bonds as the same appear from the books and records under e their cust dy and control or as otherwise known to the, and such certificates, certified opies and affidavits, including any heretofore furnished, shall be deemed rep esentations of the City as to the correctness of ali statements contained herein. PASSED AND DAY OF ATTE ST : CITY CLERK BY THE CITY COUNCIL OF THE CITY Or FRIDLEY THIS � - Marvin C. Brunse MAYOR - WILLIAM J. NEE CITY M�tAG�R - NASIM M. QURESHI 16 F � � � � ' 17 RESOLUTION N0. 1976 , RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY INSPROVEP4ENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 BE IT RE as follow�: VED Qy the City Council of tne City of Fridley, Anoka County, ""innesota, THAT WNER AS It has heretofore been determined by this Council to issue temporary improveme t bonds in order to provide the necessary funds for the construction , and payme t of expenses relative to the following improvement projects to-wit: Street I provement Pro,iects ST. 1976-1, 2 and 4 as per pllans and specifications approved by the City Council: and WHEREAS It has been determined that there is at the present time an amount in excess o $325,�00.00 in the following fund, io-wit: Investme t Fund which su will not be required for other purposes prior to July 15. 1979 IT IS TH REFORE Determined to be in the interest of the City of Fridley that the sum of $325,000.00 of the Investment Fund _� _ _ BE INVES ED As authorized by law and in accordance therewith it is hereby determined to purch se the sum of �325,000.00 of the aforementioned ^� .. Street Im rovement Rrojects ST. 1976-1�2 and 4 .^._______ ._` issued under da e of Jul.y 15, 197 ___ UPON The�r initial issuance in accordance with the provisions of Minnesota Statutes, , Sec. 429 091, 471,56 and 475.66, out of funds of the Investment__Fund and on behalf of said fund at par and accrued interest as of th� date of delivery of said bonds and cor�pletion of such sa]e; it being further etermined to be reasonable and advantageous to the Investment Fund __ _ to invest in said temporary improvement bonds �� and to b� reasonable and advantageous to the City to sell said temporary improvement ' bonds to the __Investment Fund.___ ,�,_ ,,,,.._..�r _. ___.��.� . �____� in accordance with_provisions of this resolution. SEC. l. Th to take any resolution to time to PASSED AND DAY ATTEST: 0 17q City Manager and Treasurer are hereby authorized and directed and all steps necessary to effect the provisions of the aforegoing and to make such transfer of funds as may be necessary from time ive effect to the provisions hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY �HIS MAYOR _ WILLIAM J. NEE CITY MANAGER - NASIM M. QURESHI 0 APPOINT FOR CITY COUNCIL CONSIDERATION - JULY 26, 1976 BLE TEL�VISION COMMISSION�Ci � Code 405.28)(5 Members - 3 Year Terms) Term Expires Replaces 4-1-79 Nancy Wrubel Resigned because she has moved to Spring Lake Park. 0 � LIST OF LICENSES ' BE APPROVED QY THE CITY COUNCIL AT 7HE P�EETING OF JULY 26, 1976. ', � TYPE OF LICENSE: AUCTIONEERS '� �Michae7 Servetus nitar�an Society 980 67th Avenue N E. Fridley, Minnesot 55432 ,' CIGARETTE iClub 47 ' 6061 University A enue � Fridley, Minnesot 55432 FOOD ESxABLISHf�1EN � Club 47 6061 University A enue ' Fridiey, Minnesot 55432 BY: Robert J. Hughes Alyce Simonson Alyce Simonson 1 JUNK YARD • Salvage Center In . James A. Dowds 51 37th Avenue N. . � Minneapolis, Minn sota 55432 , SOLICITOR APPROVEb BY: James Hill Public Safety Dir. James Ni11 Pubiic Safety Dir. Steve Olson Health Inspector Darrel Ciark Building Inspector James Hill Public Safety Dir. FEE: Request Fee , Waived iz.00 25.00 200.Q0 �Cub Scout Pack 21 Ciarence H. Kammann James Hill Request Cub Pack 212 923 87th Ln. N.W. Public Safety Dir. Fee Adams Sch�ol Coan Rapids, Mn. 55433 � Waived Coon Rap�ds, t�(inn 55433 tMerchandise to be sold: M7xed nuts, karmel korn, and promotional screwdriver kits. � � VENDING MACHINE Club 47 i�6061 Univers�ty A enue Fridley, Minnesot 55432 ' Target Stores , Div. of Dayton-Hu son , 755 53rd Avenue Fridley, Minnesot 55432, �� SOLICITOR I ' Dave Raymo�d Jr. 317 1F3th Ave. S.E. ��lpTs. , Minn. ' � ierch ndise o � a t be Alyce Simonson Best Venders Bill Weisman Southwestern Publishing Co. I-65 & Moores Ln sold: Educational books. Steve 01son Health Inspector Steve O1son Health Inspector James Hill Public 5afety Dir. 15.00 15.00 25.00 Page 1 of 1 �� LICENSES TO E APPROVED BY THE CITY COUNCIL AT THEIR REGULAR MEE�ING OF JULY 26, 1976 . Andersen Construci:ion 19690 Orwell Avenue North Marine on th St. Croix, Mn. By: Ronald Andersen Creek Villa onstruction 7205 Perry C urt East Brooklyn Center, Mn. 55429 By: Tom Sullivan Friday Custo Homes 1016 Bunker ke Bouleva.rd Anoka, Mn. 55403 By: Wayne Friday I,�rry G�dmun en 4034-93rd Av nue N.W. Coon Rapids, Mn. 55433 By: Larry Gudmunsen Hauenstein & Burmeister, Inc. 2629-30th Av nue South Minneapolis, Mn. 55406 By: Martin J. Beclanan D. J. Kranz ompany, Inc. 2033,West Br adway Minneapolis, Mn. 55411 By: D. J. Kranz Timco Constr ction _ 9421 West Ri er Road Minneapolis, Mn. 55444 By: Thomas E. McKee Earl Weikle Son's 2514 - 24th venue South Minneapolis, Mn.•55406 By: Willard Weikle APPROVED BY Darrel Clark Com. Dev. Adm. Darrel Clark Com. Dev. Adm. 19A NEW NEW Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. NEW Darrel Clark Com. Dev. Adm. RENEWAL Darrel Clark Com. Dev. Adm. NEW Darrel Clark Com. Dev. Adm. RENEWAL =STIMATES FOR CITY COUNCIL CONSIDERATIOPJ - JULY 21, 1976 Smith, Ju ter, Feikema Suite 125 Builders xchange Building Minneapol s, Minn. 55402 Repres ntation by Ronald L. Haskvitz in the Police , Pensio - PERA Suit . Weaver, T lle & Herrick 316 East ain Street Anoka, Mi nesota 55303 For Se vices Rendered by Virgil Herrick, City Attorney, for Ju e, 1976 0 $ 431.15 $ 1,501.50 20 ., ` � 2� A 1 LAW OFFICES SMITIi, cTUSTER. FEIKEMA. CHARTERED �. � . WYMAN SMITH LEONARDT.JUSTER HENRY H. FFIKEMA ALVIN S. MALMON RONALD L. HASKVIT2 ' . JAMES R�_CASSERLY GARL J. NEWOUIST MARK E. HAGGERTY ALLEN H. GIBAS IRVING JUSTER OF COUNSEL July 7, 1976 Nasim Quresh , City Manager Ci ty of Fri d ey 6431 Univers ty Avenue NE Fridley, Min esota 55432 Dear Nasim: SUITE 1250 BUILDERS EXCHANGE BUIIOING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 16i21 339-1481 FRIDLEY OFFICE 6441 UNIVERSITV AVENUE N. E. FRIDLEY, MINNESOTA 55432 TELEPMONE �6121 571�-6670 I am enclosi g a statement for attorneys fees rendered in the amount of $431.15. Th s represents representation in the police pension - PERA matter to da e. I assume that the City would prefer that I keep track of m,y time o an hourly basis and bill it monthly rather than bill on the basis of a lump sum estimate of the cost to be incurred as we did the previous time. If you have � other than a� billing accoi RLH:nIh Enc. cc: Virgil ome suggestion as to how you would like the matter billed I have indicated, please let me know and we can alter our dingly. � Yours tru7y, � Ronald L. Haskvitz FORWARDED FROM LAST STATEMENT �� 5/26/76 Conference with Attorney General with Mayor Nee and Virgil Herrick re Police Pension- PERA prablems: 1 3/4 hrs. Herrick6/14/76 Conference at Herrick's office re suit against Pension Assoc. and PERA (including travel): 12 hr. 6/17/76 Preparation of complaint for declaratory judgment/ mandamus re City of Fridley and James Hil] v. •Pension Association and PERA: 52 hrs. 6/28/76 Preparation of amendmen°ts to complaint; phone conference with Herrick: service of complaint: l4 hrs. 10 hrs. @ $40 $400.00 $400.00 costs advanced: 7/1/76 Service fees 10.00 $410.00 Filing fees 18.00 $428.00 Document reproduction 3.15 $431.15 SMITH. JUSTER, FEIKEMA, CNARTERED ATTORNEY�S AT �AW � : JM�. i.i wa . � 1 1 1 � CM/-f+LES R. WEAVER '� HEk7PF.N L. TALLE VIkGiL C. HERRICK RO[3ERT MUNNS NILLIAM K. GOODRICH THUIfiAS A. GEDDE IJEFFREY P. H�CKEN �City of Fridley ' June Retainer - 'C�uncil Meetings Staff Meeting Conferences with Sta �emos and Legal Rese rdinance Preparatio Citizens Inquiries `iours in Excess of 3 �istrict Court Fridley vs. PERA McNamara vs. Shore o� �ecretarial Allowanc Expenses Advanced: egister of Deeds ' lerk of District Court ' ' i 1 LAW OFFICES WEAVER, TALLE & HERRICK JI6 EAST MAIN $TREE? ANOKA, MI NNESOTA 55103 421 5413 July 16, 1976 11 hours 2 hours f 6 hours rch 6 hours 5 hours 2 hours . 32 hours @ $35.�0 Per Hour d & City of Fridley 2Q B INVOICE N4 468 $1,000.00 70.00 225.00 100.00 100.00 4.00 - 2.50 TOTAL . . . . . . . . . . . . . . . . $1, 501. 50