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02/28/1983 - 5229FRIDLEY CITY �OUNCIL � , , FEBRUARY 28, 1983 - 7.30 P.M. [�Q T�: �ITY �OUNCIL FOLLOWING ARE THE "ACTIONS TAKEN" BY THE ADMINISTRATION FOR YOUR INFORMATION. PROCLAMATION: FOSTER CARE MONTH, MARCH, 1983 Presented CERTIFICATE OF APPRECIATION: THOMAS KELLY, RETIRING FIREFIGHTER Presented APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY %, 1983 Approved ADOPTION OF AGENDA: Added: Resolution Autharizing Posting of Parking Restrictions on 5th Street and � ' � Resolution Opposing Closing of DNR Office . '..- . OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA — IS MINUTES) No Response OLD BUSINESS: � CONSIDERATION OF I9H3 DISEASED TREE PROGRAM (TnB�En 2/7/83) . . . . . . . . . . . . . . . . . . . . . 1 - 1 C Discontinue program, but keep an inspector PARKS b REC Roger. Will take care of it. Action Taken• � PUBLIC WORKS CENTRAL SERV NTRAL FEBRUARY 2g, 1983 LD BUSINESS (CoNTtNUEn) CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER ZOS AND REPEALING OLD CHAPTER ZOS, ENTITLED ZONING iFIRST READING IZ/6/HZ ) �TABLED Z/%/H3 ) . . . . . . . . . . . . . . . . � Consideration of Ordinance Tabled to meeting of March 28, 1983. = ACTION TAKEN: March 28th Agenda �' -` "' NEW BUSINESS: PAGE 2 2-2A CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O1 OF THE CITY CODE ENTITLED "MUNICIPAL OPERATION OF LIGIUOR�� BY ADDING SECT I ON 601. 09 . . . . . . . . . . . . . . . . . . . . . 3 - 3 C Adopted on first reading ACTION TAKE��: Item will be on the March 14 agenda for second reading. CONSIDERATION OF FIRST READING OF AN ORDINANCE• AMENDING CHAPTER 6O2 OF=THE CITY CODE ENTIfiLED "BEER LICENSING" BY ADDING SECTIONS 6OZ.13 AND 6OZ.15� AND AMENDING $ECTIONS CO2�O1, EOZ�OH, 602 . 09 AND 6O2 ,11. . . . .. . . . . . . . • • , . , , . 4 - 4 G Adopted on first reading ACTION TAKEN: Item will be on the March 14 agenda for second reading. a1 ICENTRAL S � CENTRAL SERV.� ICENTRAL SERV.I NTRAL SERV. NEW BUSINESS (CONTINUED) CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O3 OF THE CITY CODE ENTITLED ��INTOXICATING LI�UOR�� BY AMENDING SECTIONS 603.09, 603.11, 603.14, 603.16, 603.18 AND G03 , 22 . . . . . . . . . . . . . . . . . . . . . Adopted on first reading .... 5-59 ACTION TAKEN: Item will be on the March 14 agenda for second reading. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O5 OF THE CITY CODE ENTITLED "INTOXICATING LIGIUORS — CLUBS�� BY ADDING $ECTION 605�IS AND AMENDING $ECTIONS 605��4, 605��8, 605,13 AND 6OS.17, , , , , , , , , , , , , , , , , , , , 6 - 6 E Adopted on first reading ACTION TAKEN: Item will be on the Harch 14 agenda for second reading. .. _ . r � CONSIDERATION OF FIRST READING OF AN ORDINANCE � AMENDING CHAPTER 6O6 OF,THE CITY CODE ENTITLED "INTOXICATING L1�UORS — C�ONGRESSIONALLY CHARTERED VETERANS ORGANIZATIONS'� BY ADDING SECTION 606�0% AND QMENDING $ECTIONS 606.�6, 606.�9 AND 6OZ�12. .�.� %—% D Adopted on first reading � ACTION TAKEN: Item will be on the March 14 agenda for second reading. CONSIDERATION OF FIRST READING OF AN ORDINANCE , AMENDING CHAPTER 6O� OF THE CITY CODE ENTITLED ��ENTERTAINMENT�� BY ADDING SECTION 6O%.OS. � . � . � . � $ — H B Adopted on first reading ACTION TAKEN: Item will be on the �larch 14 agenda for second reading. � C ,PUBLIC WORKS �PUBLIC WORKS WORKS IC WOR COUNCIL MEETING, FEBRUARY ZH, 1983 NEW BUSINESS (CONTINUED) RECEIVING PLANNING COMMISSION MINUTES OF FEBRUARY g, 1983. . . . . . . . . . � . . . . . . . . . A. Items from Human Resources Conanission/Cortanunity ' Development Joint Meeting of January 27, 1983 .............9J - 9K 1. Recommend that 510,000 of 1982 CDBG Funds (�111,322) be allocated to Alexandra House .............9B & 9J Planning Comm. Recommendation: Approval Council Action: Consideration of recortmendation Approved ACTION TAKEN: Funds allocated 2. Recommend that �30,000 of CDBG Funds be allocated to Proj. 1--Acquisition/Relocation Center City Project &�71,322 be allocated to Proj. 2-- Rehabilitation-handicap retrofit weatherization....... 96 - 9E Planning Comm. Recorrnnendation: See Minutes & 9K Council Action: Consideration of recomnendation Approved ACTION TAKEN: Funds allocated PAGE 4 . • . 3. Recommend Projects for 1983 CDBG Funds (not prioritized)............ .... .... ............. 9F & 9K Planning Comm. Recommendation: �Approval� Council Action: Consideration of recommendation Approved. Staff to bring back detailed irifo to submit to County ACTION TAKEN: Memo from JLB for March 14 agenda -' ' . % . 6. Recommend that the Energy Conimission and Environmental Quality Commission not be combined ...................... 9F - 9H Council concurred with Commission's recommendation ACTION TAKEN: Comnissions notified RECEIYING CATV ADVISORY �OMMISSION MINUTES OF �ANUARY 13, 1983 . . . . . . . . . . . . . . . Minutes received ACTION TAKEN: Minutes filed . . . . . 10 - 1� � �n � lPUBLIC MIORKS COUNCIL MEETING, FEBRUARY ZH, 1983 PasE S NEW BUSINESS (CoNTtNUEn) RECEIVING CHARTER COMMISSION MINUTES OF ,,�ANUARY 20, 1983 . . . . . . . . . . . . . . . . . . . . . 11 — 11 E Minutes received . ACTION 7 AKEN: Minutes filed RECEIVING POLICE �IVIL $ERVICE �OMMISSION MINUTES OF FEBRUARY %, 1983 � . � . . . . . � . � . . . � � � � . IZ — 12 A Minutes received PUBLIC WORKS ACTION TAKEN: Filed for reference CITY MANI�GER C I7Y MAN�IGER � CONSIDERATION OF APPOINTING GEO� M� HANSON COMPANY TO DO REVENUE SHARING PROGRAM AUDIT. . . . . . . . . . . Appointment approved ACTION TAKEN: Agreement executed and forwarded to Geo. M. Hanson Company � � , , CONSIDERATION OF APPOINTMENTS TO COMMISSIONS. .��.. Several appointment made. The rest were tabled to next meetint ACTION TAKEN: Appointment to Commissions put on March 14 agenda 13 14 RECEIVING BIDS AND AWARDING CONTRACT FOR COMMUNITY SPORTS LIGHTING PROJECT iOPENED Z/ISI83, I1 A.M.). ... IS — IS Received bids and awarded contract to low bidder--Electric Service Company ACTION TAKEN: All bidders infornied `PUBLIC WORKS PUBLIC WI�RKS ' PUBLIC wIORKS � PUBLIC I�IORKS IL MEETING, FEBRUARY 2g. 1983 NEW BUSINESS (CoNTtNUEn) CONSIDERATION OF A RESOLUTION AUTHORIZING THE METRO— POLITAN COUNCIL TO IMPLEMENT THE RENTAL REHABILITATION LOAN PROGRAM WITHIN THE CITY OF FRIDLEY� ....... Resolution No. 18-1983 adopted AC7ION TAKEN: Resolution forwarded CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND SPECIFICATION AND ORDERING ADVERTISEMENT FOR BIDS: FRIDLEY CENTER CITY PLAZA. . Resolution No. 19-1983 adopted ACTION TAKEN: Bids advertised �� CONSIDERA7ION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADYERTISEMENT FOR BIDS: CITY OF FRIDLEY ROOF CONSTRUCTION FOR COMM�NS FILTRATION PLANT PROJECT #1�1� . . . . . . . Resolution No. 20-1983 adopted ACTION TAKEN: Bids advertis�d : � � CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1983-1. Resolution No. 21-1983 adopted ACTION TAKEN: Final plans completed PAGE 6 , 16 - 16 F . 17-17B . . . . . . . 19-19A � � PUBLIC WORKS OUNCIL MEESING� FEBRUARY 28, 1983 NEW BUSINESS tCoNTtNUEn) CONSIDERATION OF A RESOlUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET I�PROVEMENT PROJECT N0� • 1983-1 . . . . . . . . . . . . . . . . . . . . . . . Resolution No. 22-1983 adopted _ _ _ ACTION TAKEN: Bids advertised PAGE % ..20-20A RESOLUTION AUTHORIZING THE POSTING OF PARKING RESTRICTIONS ON �TN STREET (MSAS 3 0) B�TW��1 63RD AVENUE AND MISSISSIPPI STREET Resalution No. 23-1983 adopted PUBLIC WORKS ! ACTION TAKEN: Streets posted March 7 PUBLIC WORKS � PUBLIC WO_RKS IC WORKS 'CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST , 1983-2 . . . . . . . . . . . . . . . . . . . . . Resolution No. 24-1983 adapted ACTION TAKEN: Final plans completed CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADYERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST�^ I�H3-�. � Resolution No. 25-1983 adopted . _ . -.�. ",,., - ACTION TAKEN: Bids advertised CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1983- 4 . . . . . . . . . . . . . . . . . . . . . . . Resolution No. 26-1983 adopted , ACTION TAKEN: Final plans completed . . 21 . , 22 - 22 A , , 23 � � �PUBLIC NORKS �PUBLIC WORKS PUBLIC WORKS �CITY MANAGER ICENTRAL SERV �CENTRAL SERV �CENTRAL SERV i'n���err� Mcc�rr►�r_ • �ra�ii�av 7Q 1�QZ .., .., D��� 4 ..,�� � ---� NEVr' BUSINESS �CONTINUED) CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT . FOR BIDS: STREET IMPROVEMENT PROJECT ST, 1983-4. .�. 24 Resolution No. 27-1983 adonted - -.--- ACTION TAKEN: 6ids advertised RESOLUTION IN OPPOSITION TO THE CLOSING OF THE DEPARTMENT OF �'�TURAL RESOJ!;CES (DNR) METRO REGION OFFICE _ P.esolution #�28-1983 adopted � ACTION TAKEN: Resolution forwarded to ONR CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION, LOT.SPLIT, L�S� #HZ-O%, BETWEEN OSBORNE ROAD AND BRIGADOON PLACE N.E. ....�.��� ZS - ZS C Resdlution No. 29-1983 adopted ACTION TAKEN: Final plans completed APPOINTMENT: EMPLOYEE. . . � . . . � � . . . . � . . . ZC Leon Madsen appointed City Assessor ACTION TAKEN: Accounting informed of promotion . . . ►.' ' ` . . ��.- . �LAIMS . . . . . . . . . . . . . . . . . . . . . . . . � 2% Approved '.. , �ACTION TAKEN: All approved claims have been paid. LI CENSES � . . . . . . . . . . . . . . . . . . . . � � . ZH - ZH A Approved ACTION TAKEN: All approved licenses have been issued. , EST I MATES . . . . . . . . . � . . . . . . . . . � . . . Aparoved ACTION TAKEN: All approved estimates have been paid. �.� : 9:55 P.M. _____ _. 29-29A - i� /' FRIDLEY CITY COUNCIL' FEBRUARY 28, 1983 - 7:30 P,M, IPLEDGE OF ALLEGIANCE: IPROCLAMATION: FOSTER CARE MONTH, MARCH, 1983 ICERTIFICATE OF APPRECIATION: THOMAS KELLY, RETIRING FIREFIGHTER IAPPROVAL OF MINUTES: �OUNCIL MEETING, FEBRUARY %, 1983 IADOPTION OF AGENDA: �OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) IOLD BUSINESS: CONSIDERATION OF I9H3 DISEASED TREE PROGRAM �TABLED 2/7/83) , , , , , , , , , , , , , , , , , , , , , 1 - 1 C it RUARY 28, 1983 BUSINESS iCONTINUED) PAGE Z CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER ZO5 AND REPEALING OLD CHAPTER ZOS, ENTITLED ZONING �FIRST READING 12/6/82 ) (TaB�ED 2/7/83 ) . . . . . . . . . . . . . . . . . 2 - 2 A NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O1 OF THE CITY CODE ENTITLED ��MUNICIPAL OPERATION OF LIQUOR�� BY ADDING SECTION 601,09, , , , , , , , , , , , , , , , , , , , , 3 - 3 C CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6OZ OF THE CITY CODE ENTITLED "BEER LIGENSING�� BY ADDING SECTIONS 6OZ.13 AND 6�2,15; AND AMENDING $ECTIONS 6�2��1, 6�2��8, 602 , 09 AND 602 , �l , , , , , , , , , , , , , , , , , , , , 4 - 4 G a■ A NEW BUSINESS tCONTINUED) CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O3 OF THE CITY CODE ENTITLED ��INTOXICATING LIQIlOR�� BY AMENDING $EC7IONS 603.09, 603,11, 603.14, 603,16, 603�1$ AND �03 , 22 , , , , , , , , , , , , , , , , , , , , , , , , , 5 - 5 Q � CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O5 OF THE CITY CODE ENTITLED ��INTOXICATING LIQUORS - CLUBS�� BY ADDING SECTION 605�15 AND AMENDING $ECTIONS 605��4, 6����g, 605.13 AND 605,17, , , , , , , , , , , , , , , , , , , , 6 - 6 E CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6O6 OF THE CITY CODE ENTITLED �`INTOXICATING LIQUORS - CONGRESSIONALLY CHARTERED VETERANS �RGANIZATIONS�� BY ADDING SECTION 606�0% AND AMENDING SECTIONS 606��6, 606�09 AND 6�2�12. �... 7- 7 D CONSIDERATION OF FIRST READING OF AN ORDINANCE , AMENDING CHAPTER 6O% OF THE CITY CODE ENTITLED "ENTERTAINMENT�� BY ADDING SECTION EO%�05. , . � � � � � S - g B �OUNCIL MEETING, FEBRUARY 28, 1983 NEW BUSI�VESS (CONTINUED) Par,F 4 RECEIVING PLANNING COMMISSION MINUTES OF FEBRUARY 9, 1983 , , , , , , , , , , , , , , , , , , , , 9 - 9 P A. Items from Human Resources Commission/Community � Development Joint Meeting of January 27, 1983 .............9J - 9K 1. Recommend that $10,000 of 1982 CDBG Funds ($111,322) be allocated to Alexandra House .............96 & 9J Planning Comm. Recommendation: Approval Council Action: Consideration of recommendation 2. Recommend that $30,000 of CDBG Funds be allocated to Proj. 1--Acquisition/Relocation Center City Project &$71,322 be allocated to Proj. 2-- Rehabilitation-handicap retrofit weatherization....... 9B - 9E Planning Comm. Recommendation: See Minutes & 9K Council Action: Consideration of recommendation 3. Recommend Projects for 1983 CDSG Funds (not prioritized) .......................................... 9F & 9K Planning Comm. Recommendation: Approval Council Action: Consideration of recommendation B. Recommend that the Energy �on�nission and Environmental Quality Commission not be combined ...................... 9F - 9H �ECEIVING CATV ADVtsoRY �OMMISSION MINUTES OF �ANUARY 13, 1983, , , , , , , , , , , , , , , , , , , , 10 - 10 C , � �OUNCIL MEETING, FEBRUARY 2g, 1983 NEW BUSINESS (CONTINUED) PAGE 5 RECEIVING CHARTER COt�MISSION MINUTES OF �ANUARY 20, 1983, , , , , , , , , , , , , , , , , , , , , 11 - 11 E _ RECEIVING POLICE �IVIL $ERVICE �OMMISSION MINUTES oF FEBRUARY 7, 1983, , , , , , , , , , , , , , , , , , , 12 - 12 A CONSIDERATION OF APPOINTING GEO� M� HANSON COMPANY TO DO REVENUE SHARING PROGRAM AUDIT� � � � � � . � � � � 13 CONSIDERATION OF APPOINTMENTS TO COMMISSIONS� ����� 14 RECEIVING BIDS AND AWARDING CONTRACT FOR COMMUNITY SPORTS �IGHTING PROJECT iOPEfVED Z/15iH3, 11 A�h�.). ��� 15 - 15 D � CIL MEETING, FEBRUARY 2g, 1983 NEW BUSINESS (CoNTtNUEn) PAGE 6 CONSIDERATION OF A RESOLUTION AUTHORIZING THE METRO- POLIrtAN COUNCIL TO IMPLEMENT THE RENTAL REHABILITATION �OAN PROGRAM WITHIN THE �ITY OF �RIDLEY. �������. 16 - 16 F CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND SPECIFICATION AND ORDERING ADVERTISEMENT FOR BIDS; FRIDLEY CENTER CITY PLAZA� �, 17 - 17 B CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CITY OF FRIDLEY ROOF CONSTRUCTION FOR �OMMONS FILTRATION PLANT PROJECT #141� � � � � � � � � � Ig - 18 B CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ES7IMATES OF �OSTS THEREOF: $TREET IMPROVEMENT PROJECT ST� 1983-1� � 19 - 19 A � � , �OUNCIL �EETING, FEBRUARY 2g, 1983 NEW BUSINESS (CoNTiNUED) PAGE % C�NSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT N0� � 1983-1, , , , , , , , , , , , , , , , , , , , , , , , , 20 - 20 A CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST , 1983-2 , , , , , , , , , , , , , , , , , , , , , , , 21 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST� ��H3-2� ��� ZZ - ZZ A CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST� 1983-4, , , , , , , , , , , , , , , , , , , , , , , , , 23 � �OUNCIL MEETING, FEBRUARY 2g, 1983 INEw' BUSINESS iCONTINUED) CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS; STREET IMPROVEMENT PROJECT ST. 1983-4� �.� 24 a PAGE H CONSIDERATION OF A RESOLUTION APPROVING A $UBDIVISION, LOT $PLIT, L�$� #gZ-O%, BETWEEN OSBORNE ROAD AND BRIGADOON PLACE N�E� ��������� ZS - Z5 C IAPPOINTMENT: EMPLOYEE� � � � � � � � � � � � , � � � � Z6 { CLAIMS � � � � � � � � � � � � � . � � � � � � � � � � � 2% I LI CENSES � � � � � . . . . � . . . . . . . . . . . . � . Zg - Zg A , EST I MATES � � � � � � � � � � � � � � � � . � . � � � � 29 - 29 A :1 1 ;1 . Wiltiam J. Nse MaYor Fridley, MN. • FOSTBR CARB NOATE NOATB OP NARCE. 1983 WBEREAS. Aaoka Count� haa rseponaibititb for a eubatantiat number of chitdrsn and adutta vho are t�mporariZy »ot abte to Zi.vs �ith their rstati.vsa or parsnta; and fi�68RBAS. Anoka County ia firmt� committ�d to providi.ng aa permanent and atable. and ae famiZ�-Zike an snvironment ae ia posaible for foatsr childrsn and adutta; and WBBRSAS. ths foat�r parenta of Anoka County hav� providsd for these chitdren and adutte the faenitb tnvironmeret �hi.ch ihe� both need and d�aerve: and ABBRBAS. thsas •srvicsa of the Anoka Countb foat�r parsnts are a neceaeary and cost-sffscti.ve rsaource to th�ae ahi.Zdren and adulte; and WH8R8AS. ths foatsr parenta Zocatsd in ths Cit� of Pridtab provide an ineportaat ssrvic� to ahiZdrsn and adutta Ziving in hia citb. sOW. TEBRSPORB. BB IT RBSOLYBD that tke Pridtsy Cit� CounciZ commered ths foatsr parsnta of Anoka Cor�nt� for thsir outatanding communitb s�rvics by dsctari.ng �hs month of Narch. 1983 ae POSTBR CARB XOATE and prsasnting tkia proctamation to an Anoka Countb Foater Parent r�eiding =.rc Fridt�� ae a reprsesntatLtis of aZZ Anoka Count� foater hows�. I1 WI2ABSS 6►BSRBOP. I kaae •et �b hand and caua�d ths •saZ of ths City of Fr�dts� to b� affixsd thia 28th da� of Fsbruart�. 1983. WILLIAX d . 1YSE. 1�IAYOR . ". 0 ❑ 4 � !' � � '� N� . �� � '• ± � _ tl,� �i.� f�/: (` , � < �tO t-. � h r; �1 � W l`, � . f :, Z 1► `' �� � t=,. � Z�; ,.' ,r �'. �■■I W , O � 1'• C E.y � � �y � Y. `� � O .� y' _ ' ��� r : � — , �� V �;� �� �'.r .,. ;f � < � ,� � � � �a � hW •mtstM►�44o �i0►�C�C1W�.7i!! �Hl�m�y`:! �u'�WC��e0040 r.i e, �Veo OWyhV J �eR.�OWtti�l� Z � °p�a • � o�Hyq� y � ti H���RV �QR.' O , �o ao m eo s c� �-�. av�`i'J�Le 4 oti h�oQiWDe � � a m � OMe�HOGO�y� � I ! � q'a�E�ti�W��a �""'�`� � m���,m.�ym�' a� ►��e�o°aaa� o �� � �OVl�l� •� \ yp`O�0 h►. O�0 �"i��O�E�y hR.cfC�'u.�Lt►� HN O��a �0�� b�v�°�o�:o QI �rh�o��'+~pR� e7 g�WRVih�VR m ►y a.o c ti�., ,,.� � y o� Z O QC t1 � O �0 , WQ � ' y~�D�Ir���►y�l C~.lOb��Jy�'`1!� •�b�oe� �+►rh D h!►�'�vZQSh � oelooW ! frdo Vp�tDl��yq�yW �OOCy�h��0 hH�OmRC�1, ��e c~a�'°q~'bt�iw~~'y W V f3i y����C baA�•icr��,z�'� < ����oQ�o�� hs��+hHWC�yh Q �'���a �..j..Lyitt.�:�.�'.~fi�' `�.�.Ci���i� � ' ;�� �� .. . �.. ; -:: '? � •'z; ,/ � .�� ��� � = - �!!!, : ar.• � � ���.. , - - �� /`��, _, i \ � � +. ■ SI:.L.:�..fi '' _r''a"Pil��L'Y.C!�:TL=� �� � , � ,y: ��'`r,� ��� v � =�r -_ �► .� + ��j4, �i , t r�2 . �- ���� �' � . - _ � � TiiR YTIi1T1TiLC [kr �R �S�BLR RgTTNC OF THE FRIDLSY CITY �OQNCIL OF ar FSBR_ U�RY 7,, tqB� The Regular Neeting of the Fridley Citq Council xas ealled to order at 7:30 p. a. by Mayor Nee. PLEDGE OF ALLEGYANCE: Mayor Nee led the Council aad sudience ia tihe Pledge of Allegiance to the Flag. ,• ; l�MBERS PRESEAT: Nayor Nee, Councilman Fitzpatriek, Councilman Hamernik, Councilman Sehneider and Councilman Barnette l�MBERS ABSENT: None ';• • r +t � � c � �) ; �L� : i NOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. Opon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. �OPTION OF A�ENDA• MOTION by Councilman Fitzpatriek to adopt the agenda as aubmitted. Seconded by Councilman Schneider. IIpon a voiee vote, all voting aye* Mayor Nee declared the motion carried unanimously. PROCLAMATION• • ' � i i ► : � + , i Mayor Nee stated he has received a request from David and Joan Lenzmeir to cooperate �rith others in the United States to proclaim February 13 as �lorld Narriage Day, and further stated he has isaued this proclamation for Fridley. � � . \ � 5 ��Y � t There Was no response Prom the audience under this item of business. �i, . � �,' =��: � PS�LIC HEARINGS: il�; �i� � ��� t�� � i � � � i r � + � � r � � � � � � � �� i � ���I � '11 ,�1 ' ' 4Y � � i � � � Y�Y � � � � � � r . � . . � . , � / � ' � - � , 1 : . � � : � � � �r � i � � � � i i �.e r i �r�, • 1 ' ' • � � � �• � � �' �r � � i �. i � � � �� � i�r , � i � � i �.r i �/ : �� � � r MOTION by Councflman Scbneider to vaive the reading ot the public hearing twtice aad open the public hearing. Seconded by Councilman Fitzpatriek. Dpon a voice vote, aIl voting aye, Mayor Kee declared'the motion carried unanimously and the public hearir�g opened at 7:35 p. Q- Nr. Flora, Publie Worka Direotor, atated thia atreet improvement projeet is for 66th Avenue between Old Central and the Rice Creek Sehool property. Mr. Flora atated what ia propoaed ia a noraal residential street with bituminous street aurfacing and eonerete Qurb and gutter. Mr. Flora stated tbis atreet has deteriorated aad aeveral requests have been received Lo improve it. Nr. Inman, City Clerk, atated tbe eatioated eoat for this atreet improvement is �78�397, with aa eatimated tront fooL asseasment of =45.53 per Poot and an eatimated side yard aaaesament of =3.f7 per foot. Nr. Inman atated the aouth port3on of the atreet vould reeeive a Pront foot asseasment and Lhe north portion would receive both a front foot and aide qard assessment. Councilman Schneider asked Mr. Inman to explain the City�s policy regarding the aide yard asseaament. Mr. Inman stated it has been the City'a policy trhen the side yard faces a atreet that is improved, only one-third of the aide yard is assessed at the front foot rate and the remainder ia aplit half xay doWn the street in order to treat everqone on a eorner loL equallq. Councilman Hamernik asked Mr. Flora it �e telt t�6e eatimated aost for this project Would be fairlq elose to the actual bid� received. Mr. Flora atated he really didn�t knoW about this year'a market yet, but felt cosLs may be loW and that the adverti$ement Por bids is acheduled early ia order to get t�he best possible price. MOTION by Councilman Schneider to receive the cono�unication from the Anoka County Parks and Recreatioa Department in obje�tioa to the assessment. Seconded by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Ree declared the motion carried unani�ously. MOTION bq Counci2maa Schneider to receive the letter from Mr. Edrrard Simko, 1327 66th Avenue, ia support of thia improve�ent. Seeanded by Couneilman Barnette. Opon a voice vote, alI voting aye, !layor liee dselared the motion aarried unanimously. ��)� . � �; "�'���� Nra. Betty !lech, 1315 66th Aveaue, preaented an informal residents on the block rere polled and ahoWed tbat eight improvement� Pour Were in tavor, and four xere undecided. PAGE � aurvey in which were against the She stated, in apeaking for the resideats against this iaprovement� it is primarily because of the cost. She atated they didn't feel the improvement waa necessarq as 6bth is not a through atreet. Nra. Meeh atated the reaidents like the street the xay it fs beeauae it ia Wida eaough for cars to park on both sides aad, vith the improvement, the atraet Would be nsrroxer. !lrs. !lech stated, When previous discussions were beld regarding this improvement, the were told they t+�ould be givea the option of resurfacing the road, Without curbing. NOTION by Councilman Schneider to receive the informal survey from residents on 66th Avenue regarding this improvement. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Mary Ellen Bridgman, 1375 66th Avenue, pointed out that 64th Avenue is also an inimproved atreet and residents on this street xere not notified of any pending improvement. Hr. Qureshi, City Hanager, atated 64th Avenue is an improved street and the only thing it doesn't have is the curbing. He atated the reason the curbing wasn't installed was because of a drainage proDlem. Mr. Qureshi stated 66th Avenue is the only 900' long axale street in the City and it does not have the proper mix for atabilization. He stated the City�a rationale was that eventually everqone would have their street improved to City atandards. He stated this street requires a high level of maintenance because it is not improved to these standards. l�Irs. Bridgman atated she t�as very opposed to the improvement, as she Would be assessed Por 295 feet and the cost rrould be over =13�000, and this is her main objection to the improvement. Mrs. Grace Larsen� 1340 66th Avenue, atated she Was aurpriaed this atreet improvement Was being brought up at this particular point in time. She stated it is knoWn that Rice Creek School vill be closed and Pelt the Council should Wait for this improvement until they knox what xill happen With tbe school. Mrs. Larson also pointed out tbat 66th ia not centered and there should be a resurveq of the eenter line. e�J, . , �, ;;�. _ GE 4 !!r. Qureahi atated it ia quite poaaible tAe road ia not centered, as it was laid out xitbout aay deaign atandarda. Be atated if the street is iaproved, it Would De eeatered and designed properly. Mra. Laraon atated tibe grade of the road doesn�t satch tbeir drivexays. Mr. Qureah3 atated, �itb L6e improvement, there vould be tbe proper grade to �ateh up with the driveWays. Councilman Schneider aaked hoW Nrs. Laraon aees Lhia i�eprovemenL tied in xith what happens to the school property. Mra. Larson felt possiblq access would be needed and 66th xould have to be e=tended and additioaal seWer capacity may have to be provided. Councilman Schneider atated, unleas aome action is takea by the Council, baaically, all the achool property could be used for is single family residences. Mr. Myron Ostlund, 1400 66th Avenue, atated With the drainage and the way the road is now, he sometimes bas ditPiculty getting into his driveWay and indicated he Was in favor oP thia improvement. Mr. George Peek, 6633 Centra2 Avenue, ataLed he dfdn�t see xhere he Would benefit Prom this improvement, as his home faces Central Avenue. Mr. Qureshi, Citq Manager, atated t+tr. Peek would only be assessed for the aide yard since hia property doesn't front on 66th Avenue� and felt he Would be benefitting from an improved neighborhood. Mr. Roland Zacharias, 1387 66th Avenue, aaked if they vere to proceed xith the improvement trhat assurances theq would have that the City Wouldn't touch the street in the next ten years. He atated bia concern is With the possibility that the street xould be exteaded. Counci2man Sehneider felt, in all bo�sLq� tbe Council Qouldn't ansxer this question. He stated, hoWever, it xould take a vorq perauasive argumenL to convince him to add additional traffic on Lhe atreet. Ae pointed out, if it came to this question� hearings vould be held ao reaideats eould have input. Councilman Schneider stated, in anq event, th.e residents on 66th Wouldn't paq any additional costs, if the atreet vere extended at a ilature date. Mayor Hee stated, iP the Rice Creek School property Was purehased for development, teehnically, a developer would have the right oP access to it. Ae atated if there Was a rezoning requeated, additional traffie could poasibly result, and this Would be the tiae for reaidenta to voice their eoaeerns. Mr. Zaehar3as staLed he was oae of the resideats Who vaa undecided�about this improvement. l�layor Nee asked him to eontact the City ataff to make his feelings kAONA �rhen he hsd made a deeiaion whether he xas for or agaSnst this improvement project. �1� r � �i -��i�. i Mr. Curt Loachy, 1399 66th Avenue, stated he �aa definitely in favor of the atreet improvement. xe felt a cul-de-sac ahould be conatructed aad �as a necesafty. Nr. Loachq atated there fa vehicle traPfic driviag onto the sehool property and depending of the time of year, it is very heavy. Mr. Loschy atated the Rice Creek School property ia a prime pieee of property Por residential development, aad Pelt if 66th ia twt improved now� at eome point in the Puture, aomeoae Will probablq develop the school property, as residential, and they rrould have to improve 66th at that time. Councilman Schneider asked if property xas available if the City rranted to put in a cul-de-sac. l�r. Flora atated the property is currently not available, but possibly the City could receive an easement. He stated What is proposed is an asphalt berm at tbe end of 66th Avenue. Councilman Barnette asked Hr. Inman to expl sia the options available for paying assessments. Hr. Inman atated the assessment may be spread over a 10 year period with an interest rate comparable to xhat the Dond market is at t�he time. Mr. Inman stated he believed the last aasessments Were at an interest rate of 9-1/2x. Mr. Inman stated the sssesament could also be paid immediately, with no interest. Mr. Qureshi stated he believed it would be to the residents advaatage to improve the street as soon as possible because of increasing eosts. Mayor Nee stated the Council doesn't vant to force a atreet on anyone that doesn*t Want it� but if they feel the improvement is needed, this is probably a good time to proceed. Nr. Joe Menth, Jr., 1388 66th Avenue, asked rhat aould bappen iP all the r�sidents didn't agree to the improvement. He atated he knoWS that half of the residents don't want the improvements. Mayor Nee stated, in the abseace of a petition �here more than 50� of the residents are in favor of an improvement� the Council can order it upon three affirmative votes. He stated if less than SOx of the residents are in favor, it Would require four affirmative votes of the Council to order the improvement. Mr. Nenth stated, in previous discussiona, the possibility of improving the atreet, Without curbs, xas brought up aad aaked iP that option is noW open to them. � 1 � r � �/ � � � � i � Nayor Nee atated thia vouldn�t work with 66th �venue as the atreet is beloW grade. Nr. Menth atated he waa oppoaed to the ieprovement because of the cost and felt he didn�t want to pay for a atreet iaproveaent st thia tise. Nr. Inman atated he has estimated the principal payment per aonth over a ten year period based on !!r. Neath's aasesament aad it xould be betWeen �32 ��35 per �onth. He atated Nr. Nenth aay Contact him if he wishes to obtain the e=act figures. Couacilman Schneider stated no one on t,he Council ia attempting to force this improvement on the reaidenta, hotirever� the atreet is deieriorating and the aentiment for improvement oP the atreet haa ahifted considerably over the last �everal qears. Councilman Schneider atated, in Mr. Simico'a letter, he raises the fact that the condition of the street may have an affect on the narket value of the homes because oP ita deterioration. Nrs. Larson requested the Council poatpone thfs project for another year in order to aee ahat Would be done With the Rice Creek Sahool property. Councilmatt Hamernik asked xhaL Would take p2see on Lhe school property thaL would change the design or atandarda for 6bth Avenue. Nr. Flora atated if the school wasn�t there, this property aould revert to residen�ial land and iP it is aubdivided, there c;ould be addiLional homes consLrucied on this parcel. He ataLed the type of atreeL wouldn�t ehange ualess there Would be a rezoning to commercial or industrial uae. Mrs. Larson qusstioned if the street ia eztended, if this would extend the assessment so residents on 66th Wouldn�t have to pay aa ouch. Mr. Flora atated the assessment is based on the front footage and even if an - eztension is made, it rrould have no afPeet on the coat to the present property orraers on 66th. !�lrs. L,arson asked if the improvement would make the road narror►er. Mr. Flora stated it is presently 39 feet �ride with concrete ourb and gutter. Mrs. Hech asked if they couldn't reach a compromiae for just paving the street. Councilman Schneider stated the problem ia that the base oP the street ian't adequate and if it is paved, it rould atill require yearly aaintenance anywaq. MOTION by Councilman Schneider to close the public hearing. Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously and the public bearing cloaed at 8:40 p. m. .��� , , �, ��:;�.; f7�� � �J% r) � � � � f � lr ' � • ' s*. � � � �. �. � � i � � � : � ��.. � � � �� t: ���� ��1 � � � � w i � ��.fe �, � i: t i �• •�, �� � rl Iy � i� tir � !lOTION Dy Councilman Barnette to waive the reading of tbe public hearing notiee and open the publc hearing. 3econded by Councilman Sohneider. Upon a voice vote, all voting aye, Mayor Nee deelared tbe aotion earried unaaimously and the public hearing opened at 8:40 p. a. Mr. Flora, Publie Works Director� atated� in conjunction With the County's improvement of Oaborae Road, a aide�ralk vill be conatructed on tbe aouth aide of Oaborne Road betxeea Highvay 65 and Old Ceatral. Nr. Flora stated the cost for the aidewalk is eatimated at �22�100 and assessed at an estimated front foot rate of =t7.81. MOTION by Councilmatt Schneider to receive the letter from David Harris in opposition to this proposed improvement. Seeonded by Councilman Hamernik. tlpon a voice vote, all voting aye, l9ayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, atated there xill be a substantial improvement of the roadr+ay betWeen High�ray 65 and Old Central, horrever, only the cost for the sideWalk Will be assessed. He Pelt this would be an improvement for the properties abuttir�g Osborne road, and they i+ould benefit from it. trlr. Wayne Dahl orrner of the Fridley Chiropraetie Clinic aaked if Federal and State funding Was being used for the improvement. Mr. 4ureshi atated there is Punding from both of these governmental agenciea which is the reason the cost is low to the property oWners, and leas than 10x of the improvement is being assessed. Nr. Dahl stated he didn�t xant to go on record as being opposed to the improvement as he felt it Would be a good aaaet. MOTION by Councilman Fitzpatrick. Upon a voice vote, all voting aye� Mayor Nee declared the motion carried unanimously and tbe public hearing closed at 8:50 p. m. �� , � i� �_+ �� ;r_ ��� � �+ � �� + M �; i i �l r r �� � ! MOTION by Councilman Hamernik to vaive the second reading of Ordinance No. 767 ar�d adopt it on the eecond reading and order publication. Seconded by Councilman Barnette. IIpon a voice vote, all voting aye, l�ayor pee declared tt�e motion carried unanimously. �.�, .' �; =;�, � pAGE g �� ���: �� �i r, � � �i� �i� � � �♦ ��� � i: i � �� � i � : � � !layor Kee ataied the Council haa a�emo dated February 2, 1983 Prom John Flora regarding items discuaaed at the January 31, 1983 csonference meeting. The Council waa in agreemeat to incorporate these iteaa iato the Zoning Code, with the ezceptioa of Lhe item regarding aideWalk oleaniag, Section 205.076-66, �rhich ahould be deleted. Tde Council elao revieved intormation aubmitted on Mr. Pasehke's industrial properties regarding the percentage of lot eoverage and a comparison of existing parking to tbe apeculative criteria of one parking apace for every 450 aQuare feet oP Duilding. Mr. Flora atated the ratio of 1 to q50 allo�+ed �any of these buildings to be in complianee and yet it allrn+a a figure the City is camfortable xith to provide the desired amouat of parking where buildings do not have a apecific use identified. Mr. Flora atated the Way the existing eode is Written is Lhat a developer does not have Lo aonstruet the Lotal number of parking spaces required, but has to at least reserve space in the event there is a change in the use and additioaal parking is needed. Mr. Qureshi� City Nanager, atated ataPP ie looking for some guidanee to determine what the ratio of parkiag to aquare footage ahould be When they have plans for speculative buildings and don't definitely knox what aill be the nse. Councilman Fitzpatrick atated he Pelt the ataPf�a,proposal Por 1 parking apaee Por every 450 aquare feet of building �aa good. Councilman Hamernik stated he Pelt it was good to have something in the eode to use as a basis for determining the parking, but vas not totally conviaced on the numbers w�ed. Nayor Nee stated he Would be in agreement xith the ataff�s recommendation of a 1 to 450 ratio. Councilman Schneider felt some figure is needed to determine What parking Wouid be required, and iP this figure provea diPficult 3a Puture years, the ordinanee could be citanged. Councilman Barnette atated he is in agreement �ith the staff�s reeommendation of a 1 to 450 ratio. No action Was taken regarding the items outliaed in !!r. Flora's memo dated Februarq 2, 1963, however, these changea were genera2ly agreed upon, with the exception oP the aeeLion regarding eidevalk cleaning which ahould be deleted. �a �� � r � �i • i � i f � � � i � � � �• sY � i �.r • �.r�r � � r - � � � � � � : i � � i � � � i � 1 ' � i 1 � � � 1 1 ' , � . � � � : , i ' 1 1 : i � � ��1 �:�I�) ' � , �� " �:, , :1 r �� i �1 � 1•� � � ; � � -�� r Mr. Flora, Public iiorks Director, atated variaacea have been requested by !�lr. Fiteh in order to provide for a drive-thru rindov at the Dairy Queen at 2$0 Niaaisaippi Street. He atated these variances are to reduce the parking setbacks from the required 5 feet to 0 feet along the west, �outh, a�ad east aides of the propertq; to reduee the aideyard aetback from the required 30 Peet to 14 feet; and to reduce the aise of the parking atalls trom 10 s 20 feet to 9 x 18 feet. Mr. Flora stated the petitioner is aWare he is in the HRA Lax increment district, however, he felt ti�ia drive-thru would increase business enough ia the next tWO years to pay for the investment. Mr. Flora atated the Appeals Commisaioa has recommended approval of the variances, �ith the atipulation that a*Do Not Eater" aign be placed upon the drivexay exit for the drive-thru. Hr. Flora stated no recommendation waa made by the Commission regarding the elimination of parcel in place of cwncrete curbing. Mr. Qureshi, City Nanager, stated atafP would recommend approval of the variances, vith tbe addition to provide for curbing, and a review of this varianee in two qears. Mr. Fitch, tt�e petitioner, atated he waan't opposed to coming back itt two years, but iP he invests in concrete bumpers and in tvo years, he has to invest in poured concrete, be oould see tbis maq be a problem. lSr. Fitch stated he would be in agreement to provide the landscaping in order to make the area look better, but vould like to keep the costs do�n as long as this buainess ia in the redevelopment area. I�Ir. Qureshi stated if concrete bumper block area a eoncern, he trould rather elimir�ate it on the service drive and vben be comea back in two years, make a determination �hether they xant a ditfereat type of ourbing. Councilman Schneider atated he didn't think there vas a problem of revieWing this in two years, but felt anything in that area has to be looked at from the standpoint of a temporary uae. lSr. Fitch felt it Was a good idea to provide bunper blocks to prevent people from backing onto the aervice drive, but poured concrete Was a different question. !�lOTION by Councilman iiamernik to grant the varianee to reduae the aide yard from the required 30 feet to 14 feet; tc revieW after two years, the reduetion ia the parking setback from the reQusrea 5 reat to a reet and to evaluate the size af t�he parking stalla vhieh xill be reduaed from 10 x 20 feet to 9 x 18 feet; further, to alloW the uae of the bumper block curbing ia place oP poured concrete and to also be evaluated after two years. Secoaded by Councilmaa Fitzpatriek. � ( � r . , � . . � ; . ' � '�_� Mr. Fitch rsqueated that ttie only iaane� to be revieWed in Lwo yeara, be the ooncrete aurbing. He atated t6e varisnce oa the parking aetbaek is needed ia order to provide for the drive-thru, and dida'L vant this Lo be brought up agaia ia two yeara. Councilsan Hamernik aaked i! tl�ere was a problem on Lhe veat aide of the property, how it would be addreased. Mr. Fiteh atated be vould be i�proviag it from whaL aox ezista aad not hsvirig pecple drive into his lot trom the Rice Creek Plaza. Mr. Qureahi, City Manager� atated hia eoneern ia, baaically, on the eoacreie bumper bloaks and parking on the easL aide oP the building and the aeparaLion from Rice Creek Plaza on the vest. COQNCIL!!AN HJIl�RNIR NITHDREii HIS MOTIOH WITH PERMISSION OF HIS SECONDER, CODNCILNAN FITZPATRICR. MOTION by Councilman Hamernik to coneur xith the recommendation of the Appeals Commission sad grant the varianee on Lhe parking r�etbaek from the required 5 feeL to 0 feet; to reduce tbe aide yard aetback from the required 30 feet to 14 feei; to alloi+ reduction in the parking atalls from �0 = 20 feet to 9 z 18 teet; and to allox tbe uae of concrete bumper eurbing in place of poured eonarete eurbing on the West border of the property line with tbe atipulation that tbe type oP barrier used on the west and traffic pattern on the eaat aide be revieWed in two years. Seconded Dy Councilman Fitzpatrick. Mr. Fitch asked rhea he had to put ia the eaat bunpers. Councilman Hamernik atated it Was hia intention in tbe �otion that they are madatory on the west when the drive-thru ia opened, borrever� he felt on the east it was a good idea for safety, but would be at Nr. Fiteh's option to put them in. IIPON A VOICE VOTE TAREN �i THE ABONE !lOTION, all voted aye, and Nayor Nee declared the motion earried unanimoualy. � CONSIDERATION OF ITEM FR01�1 PARBS AND R�CR��TTOH GOt�1�ISSTON MEETTNC OF JANUARY 11�. 198� RFC,�OMMENDAT?ON THAT 198� DISF�cRn TREE PROCReM RF REPEALED. BUT TO CONTIMIE TO PROVL F iN ?�SpRCTnA• !!r. Qureshi, City Nanager, atated the State haa eliminated the mandatory removal of diseased trees and has atopped funding ot the diseased tree removal program. Mr. Qurieahi atated because of the funding eutbacks, the Parks and Recreation Commission has recommended repealing the program, but to have an inapector on-call Por inspections and to enoourage voluntary participation in the removal of diseased treea. �� � �% " =�'�+ , . PA� Councilsan Schneider aaked if neighboring communities have eliminated this program, as it probably �+ouldn't beaetit Fridley to have the program if theae other communities vere not partieipating. l�ayor Nee atated be Would alao like to hear commeata froa tbe Naturalist regardis�g his opinion on thia aatter. Mr. Qureshi atated the ataPf r►ould obtain further inforsation and present it at tbe next regular meeting. !lOTION by Councilman Fitzpatrick to table this item Lo the aext regular aeeting �o�eFeali 'v ting1 aye, NayoreNee� declared the�motion carried voice , . unanimously. � nRSOL.UTTOI� I`O 15 198; TM3POSTI�G OA� L�ITS ON PUB -TC STREET AND HIGHWAYS Tlt THF cTTY OF FRID1•�- MT���O � �Y - MOTION bp Councilman Schneider to adopt Resolution No. 15-�983• Maec��nNee by Councilman Barnette. Opon a voice vote, all voting aye, Y declared the motion carried uaanimously. � l.! oQent flTTAN *tn� 16 198� ORnFRTN • PR T!'1TNARY PLArIS SPECI �'p c! .wwn�sE�n11T nnn_TCrT �T 1 `� � L e�..���•r�� nx� r�neT$ TIiFREOF STREEi �^rnv���t •_� •> ... NOTION by Councilman Barnette to adopt Reaolution No. 16-�y3�� xeecdeclared Councilaan Hamernik. IIpon a voice vote, all voting aye, the motion carried unanimously. 1� ���� .�,T.,., ..� ,� �eA� AFf FTVTI`G THE P�:�n"�TNA Y REPORT ON THE MATTER OF 148�-2s NOTION bp Councilman Hamernik to adopt Resolution No. 17-1983• Seconded by Councilmaa Fitzpatrick. IIpoa a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously. 1 1 t.TC�• MOTION by Councilman Fitzpatrick to approve the liaenses as submitted and aa on e�le II o n a voice8 voteer al� vo ing ayes !layore Keeydeclaredl the Schnei P �otion carried unanimously. 12 �� MOTION by Councilman Barnette to authorize payoent of Claims No. 019516 through 035Z03• Seconded bq Councilman Hamernik. IIpon a♦oice vote, all voting aye, Nayor Nee declared the motion carried unanimously. � ��i� e. � �. %i�. i � � i � ,i� �1, pAGE 12 MOTION by Councilman Barnette to adjourn tbe aeeting. Seconded by Councilsan Fitzpatrick. IIpon a voice vote, all voting aye, Mayor Nee declared the eotioa earried uaanimoualy and the Regular MeeLing of the Fridley Citq Council of February q, 1g83 adjourned at 10:05 p. ■. Aespecttuliq aubmitted, Carole Aaddad Secretary to the City Council Approved: William J. Nee Mayor 1 �1 i�i MM i:��_�': : � SHADE �itEE Pl�OQiAM �'Y 1983 : • 1�• � I�I' �� yfyl�f\! : W�=. 1: `fa„1��1 �ring Lake Park Canplaint Up to S50 per Same program as last year. Homeowner basis tree maximum can use any licensed oontractor. No oniy reforestation progrmn. Blaine Modified I�bne Columbia Heights Aggressive 50$ Brooklyn Park Roseville Shoreview Saune as 82 N�e Modified None Modified None to rbthing Will inspect only and will pick up waste if left on curbing. Percentage is to be adjusted by council if budget cuts are needed. Last year paid 1008. Inspect one day per week. Planning to close vut program by 1984. Moundsview and Aggressive 50$ on Ramsey County doesn't have dump site New Brighton boulevard; additional cost for transporting. None a� private City of Anoka Brooklyri Center Anoka County Sarne as 82 None Same as 82 None Provide inspection and contractor. Provide inspection and contractor. Same Provide dump site for tree disposal. Rem�val on County property as labor becanes available. D�miping rates for 1982: 2.25 cu yd for private hauler; 1.20 cu yc3 for municipality within Anoka County. D�m�ing rates for 1983 to be set. Fridley trees removed in: 1980 - 260 1981 - 369 (49 trees from railroad property alone) 1982 - 525 (84 trees fraa railroad property alone) ?0: Chuck Boudreau FROt9: Siah St. Clair DATE: February 11, 1983 t1 E t1 0 SUBJECT: Sl�ade tree disease control progran - ca!r�ents on future disposition � This is in response to your request for � cor.r:ient on the possible future disposition of the shade tree disease control proqra�r�. Generalized data and experience on which I base my conclusions are as follows: _ � `,��• 6r fe (�' °'o,� ?�a�u 1. Oak wilt is a fungal disease spread through root grafts between trees, alsa tliraugh air and insect distribution of spores from diseased trees to non-diseased trees. Spread can be deterred by total tree rer�ioval or by girdling a diseased tree in early stages of wi 1 t. Botli ►�ethods keep spores fron forr.ii ng and thus the di s- ease frort spreading. 2. .It is knorrn that by the tir.ie leaves begin to wilt the fungus is present throughout the vascular syster� of the tree, tl�erefore, any root gra�ft� to other trees will have already spread the dis- ' ease if that will occur. Immediate renoval of the tree accon�- lishes no more than girdling in regard to spread of the disease. I ar�� inclined to believe that hurried removal of infected trees in sunner months increases opportunity for physical injury to near by trees, as well as sun scald potential, leaving adjacent trees weakened and more susceptible to disease and infection. 3. There is no known cure for oak wilt. 4. Dutch eln disease is a fungal disease that is spread primarily by 2 kinds of small beetle as they fly from eln tree to eln tree carrying the fungal spores with them. 7here is no known perman- ent cure for this disease, and unless a cure is found any control prograr� is merely a dela;�ing u�anuver that can not stop the inevit- able loss of every mature eln, 5. Every Dutch elr� disease control program in the United States I�as been based on the hope that most of the elr�s could be protected until a cure was found. Despite over 30 years of constantly opt- inistic "alr�ast there" reports fror► forestry research centers, many areas of the United States are now totally cievoid of inediur� or large elm trees, regardless of hoN nuch r.roney was spent on control programs. I observed this happen in Michigan during the 195Q's L 60's and i$ in Conneticut during the 1970's Both areas, especially Conneticut, had intensive programs to save the elm trees. 6oth areas eventually lost every mature elm. I believe the same sequence of events is occuring here. 6. It is known that oak wilt and Dutch elm disease have:been pr.e- sent in trees for scores af years, if not hundreds or longer. Suburban and urban developr.�ent has greatly increased the oppor- tunities for these diseases to manifest themselves. There are no known cures and it is inpracticle to consider that we can eliminate their presence in the cormunity. At best we can slow their rate of spread, the rate dependable an the amount of money put into the program. Regardless of the a�ount spent, the end result will essentially be the same. The elms will all die and the oaks that are going to catch oak wilt will. Conclusions• I feel that long run impact of shade tree disease problems will be nininized if major emphasis is placed on planting replacement trees on site now. Planting these replacement trees now will give them an opportunity to recover from the trauma of being transplanted. This takes an average of 3 years. By the time large diseased trees need to be re�oved the new young trees will be healthy and in a position to grow rapidly with increased sunlight. The visual impact caused by removal of large trees will be �inimized with the presence of healthy growing young trees. Rer��oval of the large trees will need to be carefully acc��plislied to cause no injury to the young trees. Replacenent trees will need to be of a variety of species to insure against future inpact of single species diseases. An inexpensive but moderately effective method of tree disease control is to emphasize an education-information service g�ving accurate responses to inquires and realistic advice to landowners. 2 1C PARKS b RECREATION COMMISSION MEETING, JANUARY 24, 1983 PAGE 4 b. Recor.mendatian - 1983 Diseased Tree Program Dr. Boudreau stated it is again time to look at the Diseased Tree Program. He stated last year the program was somewhat reduced with the ho�eowners paying for the removal of diseased trees on their property and the City was not being reimbursed from the State for the tree removal program. Dr. Boudreau stated that on June 30, 1982, the City received a letter from the Dept. of Agriculture stating the Shade Tree Program has bPen eliminated by the Minnesota Legislature. Ne stated a decision was needed for the Parks b Recreation Department for the year 1983 as far as providing a shade tree program according to the City's local ordinance. By ordinance, the City must provide a program, stating the homeowner will bear the cost of removal of trees on the homeowner's property and the City will bear 50X of the cost of removal of trees on the boulevard. On public lands, the City removes the trees at City expense. Dr. Boudreau stated that in reviewing the total program last year, monies spent were �41,746. Out of that, they took in �14,600 and certified for payment on the taxes S16,100 for a total of �30,900. The program had a direct cost to the City of close to �11�000. In view of the ec�nomic times and since there is no�reimbursement program from the State, he felt it would be prudent for the City to eliminate or cutback its shade tree program for 1983, yet try to encourage the citizenry to be aware there is still a problem and to try to Make it a voluntary program in the City of Fridley. When people have problems with their trees, they can call the Citv, and the tree inspector will go out and advise them on possible actions. On public lands, the City should try to remove what they can in-house with their own personnel. Mr. Young stated that fr�m what he has seen and read. no amount of money is going to stop Dutch Elm disease,and this is probably money that is just being wasted. He would rather see the money spent in some other areas that better benefits the citizens of Fridley or even in reforestation within the conmunity. MOTION BY MS. SEEGER, SECONDED BY MR. YOUNG, TO RECOMMEND TO CITY COUNCIL TXAT THE I9B3 DISEASED TREE PROC,RAM BE REPEALED, BUT TO CONTINUE TO PROVIDE A TREE ZNSPECTOR WXO WOULD BE ON CALL FOR INSPECTIONS AND TD XAVE A PUBLIC RELATIONS PROGRAN TO ENCOURAGE VOLi1NTARY PARTICIPATIOI� IN TNE REMOVAL OF DISEAS�D TREES AND THE REPLANTING OF Tt10SE TI2EBS. UPON A SjOZCE VOTE� ALL VOTING AYE, CHAIRPBRSON KONARiCK DECLARED THE !lOTION CARRIED UNANIMDUSLY. c. Request - Fridley Park Aquatic Swim Club Dr. Boudreau stated the Fridley Park Aquatic Swim Club is asking for support from the City for its swim club in the form of advertisinq. He stated he did not think the City wished to get into paid advertising for programs as the City sends out its own progranming brochures. t+►+a c�TV o� . FqIDL Y OATE FROM SUBJECT OIRECTORATE OF puB��c woR�cs February 9, 1983 John G. Flora Zoning Code Changes G� MEMO A A N D UM TO ACTION INFO• Nasim M. Qureshi, City Manager ___, We've finalized the zoning code for the 2nd reading of the City Cauncil. The following sumnary lists those major changes included in the final submission. 1. 2. 3. 4. � G'� 7. 8. 9. 10. 11. 12. 13. 14. Certificate of Compliance requirement for all legal non-conforming and conforming uses. Limiting accessory buildings in R zones to 1400 square feet. Single story dwellings in R-1 shall have a basement. Lots of 9,000 square feet or larger require a two car garage and lots between 8,999 and 7,500 square feet shall have a one car garage in R-1 zones. Residential parking in the front yard has been limited to: The required parking stall shall not be located in any portion of the front yard, except on a drivewa� of hardsurface parking s ace, a roved b the Cit , and setback a minimum of three 3 feet from the side property line except as agreed to by adjacent property owners. The following items have been included in the design standards in all zones except R1, R2, and R4. A sufficient concrete area shall be provided for motorcycle parking in addition to the required vehicle parking stall. Bike racks mav be required �n an area that is convenient to each major building entrance and will not disrupt pedestrian or vehicular traffic or fire_lanes_. Performance standards apply to all zom ng d�str�cts and require compliance regardless of use status. Consolidation of C-1S and C-1 into one district--C1. Redesignating C-2S to C3. Expansion of Junk Yard Special Use Permit criteria in an M-1 zone. Provision for offices in the industrial zones. Exclusion of hazardous waste processing facilities in the industrial zones. Elimination of CR2 zone. This existing area will be absorbed in the C2 and M1 districts. The parking criteria in the C zones has been standardized to 1 parking stall for each 150 square feet of building for all uses, except for restaurants, theaters, erttertainment and assembly buildings shall require 1 parking space for each 100 square feet. _ 2A Zoning Code Changes Memo Page 2 February 9, 1983 15. The parking criteria in the M zones has been standardized to 1 parking stall for each 200 square feet for offices, 1 for 400 in manufacturing, 1 for 2000 in warehouses and l for 450 for speculation type buildings. 16. A landscape definition is added "The improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock, wood chips, retaining walls, and other functional, ornamental or decorative features. 17. Driveways in a 1 comnerc�a and industrial districts are allowed ta be: "No closer than five (5} feet from any side lot line except for a comnon drive approved by the adjoining property owners and the City. 18. The parking spaces requ n�lr g interior landscaping in all commercial and industrial districts has been changed from 50 to 100 vehicles. 19. A landscape plan is required in all districts except R1 and R2 in lieu of a bond for exterior development. These items are included in the copy submitted to the City Council for Znd reading at their February 28, 1983 meeting. JGF/mc cc: Kent Hill Jerry Boardman Darrel Clark 0 CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI. CITY MA��AGER FROM: SID INHAN. DIRECTOR 0� CENTRAL SERVICES SUBJEC7: DRAM SHOP INSURANCE DATE: FEBRUARY 17, 1963 As per our discussion with the Council at the Conference Meeting of January 31, 1983 and based on the change in State Law, I am attaching six ordinance changes for Dram Shop Insurance. You will note that the items underlined have been added and those cross-hatched are the items that are to be removed. Also, please note some minor additional changes outside of the area of the Dram Shop Insurance which we are including at this time. These changes merely clean up some inappropriate language. : As stated in the Conference Meeting, the amendments basically require Dram Shop Insurance on all liquor and non-intoxicating dispensing organizations at the levels required by the State Law. Again, I have attached information from both the League and Mr. Nerrick far you and the Council's review. SCI:sh Attachments 3 3A • �.� � � •. . •:c � •��11 ^ •' �� �� 1 �I • ��� 1 1' 1 �: >' . 1 � :•� 1 1 M�• � • i• • • ' � 1 • ' 1 1 1 '1��+ 1� ' . � , . '�E Q7UNL� OF �IE QTY OF FRIDLEY mF5 ORII4IIJ !�S i'Y.Z.I�1S: 601.01. DEFII�]I'TIDNS 7t�e follaring def initions shall a►pply in the interpretation and application of this chapter and the following words ana tezms, wherever they occur in this d�apter, are def ined as follaws: l. eeer. Any nalt beverage With an alaoholic a�nt�t af npre than one-hal f of one per vent by volune and not more than 3.2 peraent by �eight. 2. Intoxicating liquor and liquot. Distilled, vineous and fern�►nted beverages cnntaining nare than 3.2 peroent af alaohol by rreight. 3. On Sale. Sale by the drink for oonsu�tion in the clispensary. 1. Off Sale. Retail sale in the original package for a�ns�ption aw►ay fran the dispensary. 601.02. FSTAB�LIS�+�Nr '�ere is hereby established a Municipal Liquor Dispensary for the sale of •off" sale intaxicating liqu�r. 601.03. �OCAT�JN AND OPERATIDN l. ge Municipal Liquor Dispensary shall be Iacated in euch suitable places in the City as the Cau�cil may determine, except that no permits shall be issued for the operation of a Mimicipal Liquor Dispensary upon whi� the taxes or other special levies are delinquent. 2. �e City Manager shall manage and operate the M�nicipal Liquor Dispensary �mder the clirect supervision and direction of the Council and shall perfotm such duties in oonnection therewith as the Council may i�ose upon him or her. �e City lKanager shall be directly responsible to the Oamcil for the conduct o� the t+4u�icipal Liquor Dispensary in full oomplianoe With the regulations and o�dinanoes of the City and all State and Federal I�s and Regulations. 3. �e Qamcil shall pravide and fix the salaries af such additional help and aaployees as in thei r juc3gment are necessary for the operati on of sa i d Municipal Liquor Dispensary. 4. No minor shall be enployed at any time 3n the M�icfpel Liquor Dispensary. 601.04. DISPiTISARY PUAID A Mumicipal Liquor �d is hereby created in which fur�d shall be paid and deposited all reoeipts and revenues fran the aperation of the Municipal Liquor 38 Dispensary and fram Mhich f�a�d shall first be paid e�enses of operation and wainter�ance af the said l�unicipal Liquor Dispensary. The City Council may prwic3e for the transfer af retained earnings to the General flmd of the City or to such appropriate f�d as the Gouncil by r�olution may detern►ine. 601.05. iD[!RS � '1l�e i�ours of aperation shall be as provided by State Statue. 601.06. 9�[.ID�YS l�o •off-sale• shall be made on N�a Years Dny, January l� Independence Day, July 4; Rt�anksgiving Day, o� �risbnas Dey, Deoe��bet 25t but on the evenings pceoeding such days, if the sale of liquor is not atherwise prahibited on suc� evenings 'off-sales' may be made �til ten o•clock p.m. except that no "off- eale" shall be made on Deoember 24 after eiqht o•clxk p.m. 601.07. H,BCr�LS No sale of intoxicating liquor shall be made bet�een the haus of one a.m. and e�ght p.m. ti�e day af the statewide electian. 601.08. CpJUITIDI�IS AAID RE,'II2ICTIR�IS 1. Pb business other than the sale of liquor shall be carried on in the Municipal Liquor Dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer, s�ft dzinks, iae and acoessc�ies. 2. No pool or billard table shall be kept in any pert of the Maiicipal Liquor Dispensary. 3. No liquor or beer shall be sold on aedit. 4. No minor shall be permitted to renain on the M�icipnl Liquor Dispensary prenises. 5. No liquor or beer shall be sold or served to a minor, directly or indirectly. 6. D10 minor shall misrepresent his age for the purpose o� obtaining liquor or beer. 7. No person shall be permitted to loiter upon the prenises of the Municipal Liquor Dispensary habitually. 8. No person of a kna�m imm�ral c#�aracter ar�d no disorderly person sha� 1 be permittec] on the Mimicipal Liqu�r Dispensary premises. 9. No liquor or beer shall be sold to an intaxicated person. 10. �e Municipe�l Liquor Dispensary shall be fnspected by the Health Officer of the City at lesst once a month and as many other times as the Health offiaer de�ns necessary to insure that the premises are maintained in a eanitary oanciition. 601.09. LIABII.ITY Ds9UQiAN� �t.- r. 1 �. •� • � i�- � ' � - � - • • • ►�,1111." 1� �- i�,- 1 • • 1 / • � • • • - • � - y . � • - �� • � _ - • • • • � _ � �:i �5�. ! ♦ 1 �! ' • • ' � II ��: �� �� r 1 1 -��� � _. - • � ' 1 • � - • 1111 • � - • • • _ • • • � . � � i ���/ • Ii = • - • - � �J �.• _ � - � ' � _ ' - 1 / - . � ' • • • • • • . .. . �� �.- . .,. � • �� r ii ��� :•, - 1 111 ��- - • ���• � • . � •1' •" -•1 1 • 1 •� �. _�S - /� - . � • • � • � - II • • � - ��- - • � 1 1 - . 1�.� � • • - �,1 • • • � - • • �,- � - � �. � " • ►� - �,� - �� - • ��i�. � • ���• • �..� • n• - .- _�;� 1 - � �,� - y -� - • 1- - - - �. 1�- �� �- �. •- �� '• • � - • - - ' 1 1 1 1 1 � � • - . • � 11 - • ' ' • . 6oi.io• �t+zi Any violation of this chapter is a misdaneanor and is subject to all penalties prwided for such violations �der the pcavisions of �apter 901 of this Code. PASSED AND ADOPTID BY 'liiE QTY C�"JIJIJCZL OF 'liiE QTY OF FRIDi.EY �IZS DAY OF , 1983. f�1II.LIAM J. I�:E - MAY�R �iTIF�T: SIII�1�'Y C. II�'!AN - QTY Q.II2R Public Aearing: First Reading: Sec�ond Reading: Publish: 3C a�a� a�. H�I �II�IAi�E �II�Lt AI� Ri�IFY7I� Q�i�P'14R 602 H�TI'1�� 'BRER LICHr1SII�' BY �DO�It� SeC�IOKS 602.13 Ai� 602.15, A�D A[��DII�G �I(�S 602.01, 602.08, 602.09, At�D 602.11. • '�e City Oo�u�cii o�' the City af Fridley does or�in as follwss •` DEFD�IIT�Ot� 602.01. DeF'II1I'1'DDlZS .��� - - �,- � �y 1 1 M� . • - - �,- � :.�� • �,.r- 1 • �� �r ���t�l� 1�.1� PYJlt ��Or • Any nalt liquor With an alooholic content of more than one-half of one percent by vol�me and not nare than three ar�d t�,►�tenths peroent by weight. - 2. �tertairn�ent. Includes, but is not limited to, music; singing; plays; clancing, either by the public or performers; motion pictures; exposition; performanaes; male or fenale reviews; fashion shaws; �, other than tegular public channels; concerts; or any other deliberate act intended to arnuse or entertain petrons and/or eiployees. 3. Sale, Sell, or Sold. All barters and all manners or means of furnishing beer or norrint+oxicating malt liquor fncluding su� furnishing in violation or evasion of law. 4. Tavern: Ar� establishment for the sale af beer, forn�s of tobacco, beverages, and sof t oonsu�tion on the preni,ses. 602.02. LICF.KSFS RHQ[)IItID 1. Lioenses. cigars, cigarettes and all drinks sold at retail for No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or c3ispose of by sale or keep or offer for sale, any beer within the city vithout first having received a lioense as hereinafter prwided. Licenses shall be of three kinds: t13 Regular 'an-sale'j t2) TetQorary 'orrsale's ar� (3) •Of f-sale'. Z• �dt ��lT"'S81.E�. �eguiar 'on-sale" lioenses shall be gtanted only to buna fide clubs, taverns, exclusive •arsale' liquor stoces, restaurants, and hotels where fooa is prepared and served for oonsu�tion on the pr�saises. '�Ore-sale• lioenses shall permit the sale af beer for oor,sumption on the premises only. 3. Ria�rary "Orr-Sale•. �q�orary 'on-sale' licenses shall be granted only to bona fide �� � . ,• . �, 4 :{ clut�cs ana charitable, religious, and non-prof it organizations for the sale of beer for consumption on the premises only. Said tenporary liaenses shall be granted upon written application to the GYty Ceuncil upon forms prwided by the City. The provisions of t�apter 602 of the Fridley City Code, as applicable, shall be, observed by said norr�prc�it organizations. ' �. bff-Sale•. �OFf-sale• lioenses shall permit the sale of beer at retail, in the original package for ccns�ption off the pc enises only. 5. F.�cenption. Rt�e serving or disposing of 'free' beer without consideration of purchase of tickets, coupons, goods, services or any means of payment is allowed without a lioense. Notwithstanding the license requi renents, persons who serve or otherwise dispose af 'f ree' beer must oanply With all laws pertaining to the serving or disposing of beer. If in the opinion of the Public Safety Director or such Director's c]esi�ee, the serving of 'free' beer is creating a public safety danger or infringement of peace anc7 trariquility or violation of laws, pezsons serving or disposing of •free" beer shall cease serving or d.isposing of "free' beer upon order of a law enforcement offioer. Persons who continue to serve or dispose of 'free" beer after being ordered to cease shall be guilty of a misdemeanor. (Ref. 743) 602.03. LI(�1�1SE AP'PLICATIOtZS �ery application for a lioense to sell beer City Clerk on a form supplied by the Cit inforn�ation as the Qerk or the City Co�cil be unlawful to make any false statenent in 602.04. LIC}�1SE FEiS 1. Payment Required. shall be made to the y and containing such may require. It shall an application. Fach application for a license shall be accompanied by a receipt fram the city treasurer for payment in full of the required fee for the liaense. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the treasurer shall ref�a tt�e amou�nt paia. 2. �cpiration; Pro Rata Fees. �ery lioense exoept a temporary license shall expire on the last c'�y of April of eac� year. Each lioense exoept a tenporary license shall be issued for a period of one year. except that if a portion a� the liaense year has elapsed when the license is grante8, the license shall be issued for the re�nainder of the year for a pro rata fee. In axrq�uting su� fee, any unexpired fraction of a nenth ahall be counted as one mQnth. A ter�orary lioense shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the lioense. 4A LI(�TISE 1hPPLICATIOALS •�� � y�+>.� 3. Piees. �.Very •arsale" liaense shall include an 'off-sale' lioense. Each •on-sale' license fee shall include an 'off-sale• license at ao additional expense. The annual and temporary license fees and initial investigation fee shall be as pcwided in Q�apter 11 0� tbis` Oode. 602.05. (�TTII�IG OF LICY�iSE 1. Investigation arid Hearing. R�e City Council, or its authorized agent, shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the initial 'on-sale' license. After such investigation and hearing, where applicable, the Co�cil shall grant or refuse the application in its discretion. 2. 45ransfers. Each license shall be issued to the applicant only ar�d shall not be transferable to another holder. Fach lioense shall be issued only for the pr enises described in the applica tion. No lioense shall be ttansferred to another plaae without the apprwal of the Council. 602.06. PIIi.90KS II�kZIG�i.E P�R LICEl1S�5 No lioense shall be granted to or held by and person who: 1. Is unc3er 19 years of age; 2. Has, within five years prior to the application for such lioense, been convicted of a felony, or of violating any law af this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intcocicating liquors or beer, anci cannot shaw oon�etent evidenae �der !linnesota Statutes, Section 364.03, of sufficient rehabilation and present fitness to perform the duties of a beer liaensee; 3. Is a manufacturer of beer or is interested in the o�ntrol of any plaoe where beer is manufactured; �. is not of good moral character and repute. If the applicant has been an awner, manager, or enployee af a saloon, tatel, restaurant, cafe, tavern, or other business of a similar nature, the City Council may consider the applicant's past perforniance record in determining whether a lioense shall be granted or ten�wed; S. Is or during the period of this liaense becames the holdet of a federal retail liquor dealer's special tax stamp for the sale of intaxicating liquor at any plaoe, �nless there bas also been issued to him or her a local lioense to sell intoxicating liquor at such place; or 6. Is not the proprietor af the establishment for whici� the license is issued. (Ref. 14l r��-��- . � � �� i� �- -• � i a �• -. - .� � 4B 602.07. PI.MF� II�i.IGII�I� POEt LICB�SE 1. Distanoe fran S�ools ard C�ur�es. Except for those organizations Who have been issued temporary Iiaenees to sell nonintoxicating malt liquor pursuant to Sectiotf 602.02(3), no lioense shall be granted for any place Within 300 feet cf any pub2ic or parochial school or within 300 feet af any church. In applying this restriction, the distance shall be measurec7 in a �ttaic�t line fran the school or church builcling to the main public entranoe of the premises described in the application. (Ref. 294) 2. t�paid Financial Clafms. No lioense shall be granted for operation on any prenises upon which taxes or assessments or other financial clain�s of the City are aei�nt ana �,�ia. 602.08. CtiNDIT�I.S OF LICBd.SE l. General Conditions. �ery lioense shall be granted subject to the conditions in the follawing subdivisions and all other provisions of this Chapter and of any other applicable ordinance of the City or state ].ew. 2. Sales Rb Minors.Or Intoxicated Persons. No beer shall be sold or served to any intoxicated pers� or to any person �der nineteen (19) years of ege. (Ref . 47) 3. Cons�ption By Mlinors. No �fltrf6t ,person_ u►+�p* the aae of nineteen (19) ye�rs shall be permitted to oons�ne beer on the lioensed preni.ses. 4. �rtplayment Of Minors. No person �8er Z! �,ights�� �18) yeats of aae shall be employed on the prenises of a tavern, exoept that persons under I� eiQht� (18) ,�e.�,,,r�of aae may be employed as musicians, bus-boys and kitchen help. (Ref . 675) 5. Gambling. No gambling or any gambling device shall be permitted on any lioensed prenises. 6. Interest of Manufacturers ot Wholesalers. l�b manufacturer or wholesaler af beer shall have any ownership or interest fn an establishment lioensed to sell at retail.contrary to the pravisions of Minnesota Statutes. No retail licensee and sartiufacturer or wholesaler of beer shall be part3es to any exclusiv�e guchase oontract. No retail lioensee shall receive any benef its eontrary to law fram a manu�actureer or wholesaler of beer and no such manufactureer or �rholesaler shall oo�er any benef its conttary to law upon a retail licensee. 7. Liqu�r Dealer's Stanp. No licensee shall sell beer While holding or exhibiting in the 4C �� II�iFI�IGIBIE FOR LICIIZSE �NDITIOi[�].S OF LICaLSE liaensed prenises a federal retail liquor c]ealer's special tax staQnp unless he or she is lioensed under the laws of Minnesota to sell intaxicating liquore. 6. Se1es of Intaxicating Liqucr. . 110 lioensee who is not also lioensed to sell intoxicating liquor an� vi�o does not hold a'public drinking place license' shall sell o= permit the a�nsunption and display of intoxicating liquors on the liceneed prenises or serve any liquids for the purpose of mixing vith intaocicating liqu�r. �e presence of intaocicating liquors on the prenises of such a licensee shall be prima facie evidenoe of possession of intoocicating liquors for the purpose af sale. �VSdJiK�I�Ef�ii�►Iej/�f /iVi�/1'i�Yiidlt6f lY.I�S�J�rifYS6#/6f /�i#iri�J�ii'i}f t�i!'6�(if.�Yirte�/Yi¢�rf6t /i�/tSE��/�f fd�i�!/rd/16�/Ed16dd�SEiV6t /did1dY�f Ed �6�Yal �(t�(/1C6/i'xt d /dt di�(�idf l 9. Inspection. l�ny polioe offioer or health inspector may �ter, inspeet ar�d seard� the prenises of a lioensee c�ring business hours without a search and seizure warrant and may seize a11 intaaicat,ing liqu�rs and other evidence of violations fo�d on the lioens�ed premises fn violation af this �apter. 10. Liaensee Responsibility. Lioensees shall be responsible for the conduct of their place of business nnd shall maintain oorxiitions of sobriety and order. The act of any enployee on the lioensed prenises authorized to sell or serve beer shall be deened the act oi the liaensee as well and the lioensee shall be liable to all penalties prwided by this chaptex equally with the employee. 602.09. BXJRS l. Closing Aours. No sale of beer shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon, or between the hours of 1:00 a.m. and 8:00 a.m. an the day of ar�y statewide election. No sale Bhall be made between the hours of 1:00 a.m. and 8:00 p.m. on any other day. (Ref. 501, 550, 602, 647) 2. R�anainin9 on Premises. It shall be unlawful for any persons or custaners, other than the livensee or their e�loyees, to renain on the premises after 1:30 a.tn. �ere shall be no consunp�tion y�# be�r,� non-iatoxicatina malt ,��,� or anv intoxicating �iau r by any persons, including licensees or their enplvyees, after 1:30 a.m. 602.10. Q�BS No club shall se11 beer except to members and to guest6 in the c�o�r�any of ine�ers. .f •_ 1� �� 4D 602.11. RFS�tICTIOKS ON PURGBASE 1�ID ��TI�I 1. Age 1Kisrepresentation. /Mtd6fd PeLSOns �n_8er nineteen (� 9) years of aae. shall Aot � �oisrepresent their age for the purpose o� obtaining beer. � 2. L�ducing Purchase. � pereon shall in�ae a ifii►�6t p��son �*+�r �� aae of inet n(? � _y�� to purchase or prxure beer. 3. Prxurenesit. No person other than the parent or l�gal guardian shall Pcocure beer for ar�y/�ilifdt t�erson �*�r �� aae of ninete� (� )� 4. Pbssession. Minors shall not have beer in their possession with the intent to ccnsune it at a plaae other thar� the household of their parents or guardians. S�//¢�rS�rifq6Y�6ril I06/�iy(d�/dK�Lddrt��tSE/i6EEt/6rS/t�ll tEE�i�Ed/�6�1 e�f,�E�L 5. Liquor Consum�tion and Display. Ab person shall cons�me or clisplay any intoxicating liquor on the prenises of a lioensee unless said lioensee is also licensed to sell ir�taocicating liquors or holds a'p�u4lic drinking plaae lioense". . � > �- • � i� �� � • �• r >� No person operating an establishment in the business of selling, peimitting to be displayed or cons�ned an intoxicating liquor or norrintoocicating malt liquor shall permit any entertainment on the prenises without having secured a lioense fram the City Council to pennit sudi entertairtnent. 602.13. L7aBII�1'1'Y IIZSZ� 3► - • .- •.� : � _,. . - - _ i . _ � . .� . . i.• r � • �� u- .� . . � - . . - _ � - - ��� � • �- - �, �- - � � -� �- •�� '• '� • � • • �� • �� �.- • �.. �� 11 1 II 41 !• - - - • �: � - � �.t - ! ►�! - �� .� 4E � �. ►• �. � • •�• �� •� `� • } �,. . � �� �a • �• �• }. LIABILITY II�1�RI�NCE intoxicating liqu�rs et su� plaoe shall be revoked r+ithout notioe and Without hearing. In all other cases, except where mandatory revocation is pr wided by law vithout notioe and hearing and except where suspension raay be made without a hearing, the holder of tbe liaense shall be granted a hearing upon at least 10 days notioe before revocation or suspension is orclered. �e notiae shall state, the time and plaoe of hearing and the nature o� the �arges against tbe lioensee. 602.15. PF1�1�,LTY P�II�I,TY PASSID HND ADOPTID BY Ti�E CIZY CD�JNCIL OF �iE CITY OF FRI�.EY �IIS �l°1Y OF , 1983. WII�.IAM J. Aff.E - MA�YDR AT1�S'T: SI�tJE.'Y C. II�Il�J�1t�] - CITY Q.F�tR Public Hearing: First Reading: secona Reaciiing: Publish: 2/2/23/2 4G J QinII�l1�E t�. __, 1� Q�DII� 1�DIR� � 603 �IZi,� �Il�!'L�QGTIIt' LI�t' BY A[�3�DII� S�7C�rID[�S 603.09, 603.11, 603.14, 603.16, 603.16 1�D 603.22. �e City �cil o� d�e City of Fridley does orc3ain as follcwst DEFIIJITDOtJS 603.01. DeFIIdITIK�LS ` �e �ollowing application `+t�erever they 435) 1. Ct�urch. definitions shall apply in the interpretation and of this chapter and the following words and terms, occ►u in this chapter, are defined as follaws: (Ref. �► building whid� fs principelly usea as a plaoe where persons of the s�ame faith regularly assemble for public worship. 2. Floor Area. All of the floor area of the various floors of a lioensed prenise measured to the oenters of all partitions, except those areas primarily for non-servioe purposes including, but not limited to, dead storage, building managanent, toilets or restroans, mechanical equipment roams and kitchesis. Floor area is used to calculate the lioense fee. Banquet facilities used less than five times per week, on the average, are �oimted at ore-half actual 6ize. (Ref. 660) 3. Hotel. Any establislvnent having a resident proprietac or nanager, where, in oonsideration of payment therefore, food and lodging are regularly furnished to transients. �ch establisture�t maintains for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and neoessary furnishing in each roamj is provided at the main entsance with a suitable lobby, desk, and offioe for the registration of its guests on the ground floor; enploys an adequate staff to provide suitable and usual service under the eame manag�nent and oontrol as the rest c� the establishment; and has a kitch� and dining room witi� a total minimum floor area of 2000 square feet where the general public are, in consideration of payment therefore, served meals at tables. tRef. 579) 4. Intaxicating Liquor. Ethyl alc�ohol and distilled, fern�ented, spiritaus, vinous, and malt beverages o�ntaining in excess of 3.2$ of alaohol by weic}ht. S. IKaru�facturer. �rery person who, by any process of manufacturing, fermenting, bce�ing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intaocicating liquors for sale. 6. an Sale. �e sale o� intoxicating liguor by the glass or by the drink for aonsutption on the prenises only. 7. Restaurant. 11ny establistunent, other than a hotel, tnder ti�e control af a sir�gle proprietoc oc manager, having kitchen and other facilities to serve taeals and where, in consideration of pa yment therefore, meals are regularly served at tables to the general public. 8uch establistum.nt e�Ioys an adeqi�ate staff for the usual and suitable servtoe to its guests, and the business of serving food ancl/or intaocicating liquars for a lioense year is a minim�an of �0= of the tAtal busiress. (Re�f. 579) 8. Bale (Sell). l�ll barters and all nanners or means of furnishing intoxicating liquor or liqu�rs, including those in violation or evasion of law, and also including the usual dictionary meaning. 9. i�fiolesa2e. Any sale for purposes af resale. Tt�e term 'wholesale' means any person engaged in the business of selling intoxicating liquor to retail dealers. 603.02. LICII�].SE RDQUIIiFU No person, except Wholesalers or manufacturers to the extent authorized �der State Lioense, shnll directly or indirectly deal in, sell. or keep for sale any intoxicating liquor vithout first having received a lioense to do so as pcavided in this (�apter. No person shall sell any intoxicating liquor on Sundays without ob�taining a separate lioense for S�c3ay sale�. 603.03. APPLIGTIDN �ery application for a lia�ense to sell intoxicating liquor shall be verified and filed with t2�e City Clerk. In addition to the information which may be required by the State Liquor Control ConIInissioner's fosm, the application shall oontain the folla�ring information: 1. Whether the applicant is a natural person, corporation, partnership, or other form af organization. 2. �e type o� license the appliaant seeks. 3. If the applicant is a natural person, the follaaing infornation: A. True name, place, date of birth, and street resident a8dcess. B. i�fiether the applicant has ever used, or been kno�wn by, a name other than the applicants true name and, if so, �+hat was euch name, a names, and information o�noerning dates and pl,aces vi�ere used. C. �e name c� the business if it is to be conducted unaer a desic�ation, name or style other than the full individual name o� the appl i cant; in such case a oopy a� the oe r ti f i ca ti on, as required by �apter 333, Minnesota Statues, certified by the Qerk of District Court, shall be attached to the application. ►s • �• �• }. P►PPLICATIDN 5A 5B D. i�fiether theapp1 icant is married or single. If married, true na�ne, plaoe, date of birth, and street residenoe adc�ess o� applicant's pceser►t spa�se. E. t�et�,er applicant ana pr�ent spouse are registered votess andy if so, w5ere. a �. Street addresses at whi� applicant and pcesent spouse bave lived ciuing the preoeding t� years. G. ' Rind, name and location applicant or pr esent spou� preceding ten years. of every business, or occupation, e have been engaged in during the A. Names and addr�sses of a�plicant's and spouse's employers and partners, if any, for the preoecling t� years. I. Whether applicant or spouse, a a perent, brother, sister, or child of either of them has ever been convicted of any felony, crime ac violation of any ordinanoe, other than traffic. If so, t3�e applicant shall furnish infornation as to the time, plaoe and offense for whi� o�nvictions tirere had. �. �fiether applic,ant or spouse, a a parent, brother, sister, or child of either af then has ever been enqaged as an employee oz in c�erating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish infornation as to the c�te, plaoe and length a� time. 1�. Whether applicant has ever been in military servioe. If eo, applicant shall, upon request, exhibit all disc3�arges. L. �e name, address and busiress adc�ess of each person who is engaged in Minresota in the business of selling, manufacturing or distributing liquor and who is nearer to kin to the applicant or spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or Mho is a brother-in-law or sister-in-law of the applicant or the appl i cant • s spa�se. �. If the applicant is a partnership, the names and acidresses of all partners and all information concerning each partner as is required of a single applicant in Section 603.03(3) above. A managing partner, a� partners, shall be clesic�ated. �e interest c� each partrer in the business shall be cliscloeed. �► true ocpy of the partnership agreenent shall be sub�nitted with the application and, if the partnership is required to file a vertificate as to e trade name �der the pswisions of Q�apter 333, Minnesota Statutes, a o�py o� suci� oertificate oertified by the Qerk of District Court shall be attached to the appli�tion. 5. If the applicant is a o�rp�ration or ather � organization and is applying for an 'oc�-sale' liaense, tfie follwing: A. Na�oe, and if inoorporated, ti�e state of inoorporation. B. A true copy of the Corporation's Certificate of Incorporation, Articles of Incorporation or Association Agreement and By-laws, and if a foreign corporation, a Gertificate af Authority as described in Ct�apter 303, Minnesota statvtes. 5C C. R�e name of the manager or prop rietor or other agent in charge of the premises to be licensed, giving all tbe information about said person as is required of a single applicant in Section 603.03(3) above. � �. Notwithstanding the c3ef inition of interest as given in Section 603.09, the application shall contain a list of all persons who, singly or together with their epouse, or a parent, bcother, sister or �ild or either of them, own or oontrol an interest in said oorperation or association in excess of St or who are affiaers of said oorporation or associatfon, together with their ad�esses and all information as is required of a single applicant in Section 603.03(3) abave. 6. The exact legal description of the presnises to be lioensed together with a plot plan of the area st�wing dimensions, locations of buildings, street acvess, parking facilities and the Iocations of distances to the rearest churc� building and school grounas. 7. The floor number and street number where the sale of intoxicating lfquors is to be c�nducted and the toans where Iiguor is to be sold or cons�ned. An applicant for an 'on sale' lioense shall sutmit a floor plan of the dining roam, cc dining roans, whidi ehall be open to the public, shall shaw dimensions and shnll indicate the n�anber of persons inte�ded to be �erved in each o� said roans. 8. If a perR►it fran the F�ederal goverraaent is required by the laws of the United States, wi�ether or not such permit has been issued, and if so requirec7, in what name issued and the nature of the permit. 9. The amount of the investment that the applicant has in the business, building, prenises, fixtur�s, furniture, stock in trade, etc., and proo� c� the souroe o� sudi mcney. 10. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, prenises, fixtures, furniture, stack in trade; the nature of such interest, amou�t thezeof, and terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, lendors, lienholders, trustees, trusto�s, and persons who have oo-si�ed notes or otherwise loaned, ple3ge�d, or extended security for ariy irx3ebtec}�ess af the applicant. Il. �he names, residenoes and business nc3dresses of three persons, residents of �e State of Minnesota, of good moral character, not rplatea to the applicant or financially interested in the pr�nises oc business, who may be referred to as to the applicant's character ct, in the case where information is requirecl of a manager, ti�e �oa�r�ager's character. 12. Whether or not all real estate, special assessments, and personal praperty taxes for the prenises to be licensed which aze due and payable have been paid, and if not p�id, the years and amo�aits Which are unpaid. 13. Whenever the application for an 'on-sale• lioense to sell intaxicating liquor, or for a transfer thereof, is for prenises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of pceliminary plans showing the desig� of �e pcoposed premises to be li d. (Rei.579) ; 1�. lThenever the applicant for an •on-sale• license to sell intoxicatinq liquor is made for a proposed or existing establishment, the following itens are to be provided with the applications A. Site plans of the prenises indicating property and building location, parking area, landscaping and screening. Minim�n pnrking requirsnents are to be a ratio of ore t� by twenty foot parking stall for every three seats of total seating capacity. B. Plans and specifiaations for the pcoposed establishment or for enlargement, alteration or extension of an existinq establis�unent, shvwing floor plans with total seating capacity and the sprinkler system plan as presently exists or the sginkler aysten plan to be installed. All •on-sale' liquor establishments must provide a sprinkler system for health, safety and welfare of its patrons. All proposed establishments authorized to receive a liquor lioer�se shall be required to inatall a spr inkler systen dur ing inftial vonstruetion ai the building. All existing establishments not currently in possession of a liqu�r lic�ense, but Who have made application with the City of Fricney and bave reoeived authorization to be granted a liquor lioense must install a epcinkler bysten aithin two years of the date of the issuanoe af the liqu�r liaenee. All existing establishments pcesently in posaession of a liquor lioense, but who cb not have a spcinkler systen must install a spcinkler �+stem within a three year period fram the last date o� ren�wr�l of t3�e liquor lioense. All plans and specifications must be reviewed and approved by the Building Inspection Department before issuanoe of building permit. (Ref . 579) 15. �ch other information as the City Council shall reasonably require. 603.0�. RS�3�TAL 1. RpQliaations for the renewai of an existing license shall be nacle at least 60 days prior to the date of the expiration of the lioense and shall be made in such abbreviated form as the City C�ouncil ney apprwe. If, in the juc7�nent ai �e City Gouncil, good and suffici�t cause is sham by an applicant for ti�ef r failure to file for a ren�wal Within the time pcovided, the City Council �ny, if the other prwisions of this orclinanoe are oomplie8 with, grant the application. 2. At the earliest pcacticable time after apQlication is made for a • > i� � 5D r�ewal af an •orr-sale' liaense, and inany event prior to the time that the application is appraved by �e Ci�.y Co�a�cil, the applicant ahall file wfth the City Clerk a statenent �oade by a certified �lic acca��mtant that shows the total qross sales and the total ood sales of the restaurant for the t�elv�e m�nth period im�ecliately pc ding the date for filinq renewal applications. A fosei�rs c�rp�ration shall file a aurre�t (7ertific�te o� �rthority. _ iO3.05. O�QTTIDN OF APPi.IGTIDN If the epplication is by a nntural person, it shall be signed and eo�rorn to by su� person; if by a corperat3on, by an affioer thereo�j if by a�artnership, by o�ne of t3�e partners; if by an �aiincorporated association, by the manager or managing of f ioer thereof . If the applicant is a partlrrship, the application, license and insurance policy shall be nade and issued in the name o� all partners. 603.06. FE�S l. �e annual li�oense fee and expiration �te shall be as provided in chap�ter 11 of this aode. 2. Tt�e annual lioense fee shall be paid in full before the applicant for a lioense is acoepted. All fees shall be pnid into the general f�md of the City. Upon rejection of any appliaation for a liaense, oc u�pon withara�,►al af ap�lication before ap�roval of the issuanae by the City Caa�cil, ti�e liaense fee shall be ref unded to the applicant except where rejection is for a vrillful misstatement in the lioense applic$tion. 3. 7�e fee for an 'an sale' lioense granted after the canmencement a� the liaense year shall be p«rated on a toonthly basis. 4. When the lioense is for prenises where the building is not reac�y for occupancy, �e time fixed for vomputation of the lioenae fee for the initial license period shal.l be ninety days after approval of the lioense by the City Council or upon the date the building is ready for occupanc,y, whichever is soocyer. 5. No transfer af a liaense shall be permitteci fram place to place o� person to person Without oomplying with the requirenents of an original application, exoept as pcovided by Section 603.06 ( 9) and except where a r�ew application is filed for a transfer of lioense from plaoe to plaoe and is for premises where the building was not ready for occupancy at the time o� �e original application and the new application is filed Within 90 days after approval of the original lioense by the City Council but before a Cfrtificate of Oocvpe�ncy for the ori�inal Iocation has bee� issued, no additional lioense fee is required and the investigating fee shall be as specified in Section 603.06(9). tRef. 579) 6. Ro part of the fee paid for any license shall be refun8ed, except in aca�rc�noe With this Section. 7. At the time of ench original application for a license, the applicant shall pay in full an investigating fee. For a single natural person, the investigating fee shall be i300.00. No SE D�Q)TIDN OF APPLIGTZDN - � �. snvestigating fee s},all be t�i�aea. 8. Pit any t3me that an edditional investigation is requirea because of a change in a�►nership or ccntrol o� a a�rporation or becauee o� an enlargenent, alteration, or extension of preaises previousl licensed, or because of a transfer fram place to place Mbic� trar�fer c�o�oes within the exception expressed in 603.06(5), tbe lioe�aee shall pny ar� additional investiqating fee in the amount o� f50.00. 9. iifiere a new application is filed as a result of inoorporation by ar� existing lioensee and the a�wnership oontrol and interest in the lioense are �changed, ra additional liaense fee will be required. 603.07. �IDAY LIQUGHt S�td'S R�e a�nru�al lioense fee for 'S�c3ay Liqucr Sales' shall be provided in a,apter 11. �is fee is in addition to the fee charged for en 'On Sale" liaense. All prwisions of this Ct�apter pertaining to the 'On Sale' 1 ioense shal l apply to the "S�day Liquor Sales • 1 i cense, insofar as practicable. 603.08. (�iAAT!'II� OF LIC}�1S�S l. In order to assist the City Co�a�cil in investigating the facts set out in the application and in order to determine the eligibility of the applicant for a lioense, pursuant to the provisions of this Q�apter and of the State I�w, t3�e City Co�cil n�y app�int a Liaense Board. In the event that such License Board is established, it shall be organized in such a manner as the City Council shall determine by resolution. 2. 1�,11 a�plications for a lieense ehall be referrea to the Public Safety Director ana to such other City Departments as the City Manager shall deen neoessary for verific�+tion and investigation of the facts set forth in the application. �e Public Safety Director shall cause to be made such investigation of the information requestea in Section 603.03 t�s shall be reoessary and shall make a Writte� reca�nenc3ation and report to the License Board, or to the City Da.a�cil, as t1�e case may be, whici� shall include a list of all violations of Federal or state law or municipal ordinance. The Liaense Board, or City �cil irey order and o�nduct sud� additior�al investigation as it shall dean neoessary. 3. Upon reoeipt of the written report and recommendation by the Public Safety Director and within twenty days thereafter, the �airnan af the Liaense Board or the City Council, shall instruct �e City Qerk to cause to be published in the official news�per, t�en days in advanae, a notiae oE a hearing to be held by tbe Lfaes�e Ba�rd or the City C�aa�cil, setting forth the c�y, time an8 place vhen ti�e hearing Will be held, the name of the applicant, ti�e p�enises where the business fs to be conductea, the nature af tiie business and sudi oti►er infornation as the Lioense Board may dfrect. At the hearing� opport�mity �all be given to any person to be heard for oz aga.inst the qranting of the license. �i liaense, other than a r�e�wal� shall not be apprwed before the next regular meeting of 5F SUAIDAY LIQ[lOR SAt.FS (�tAKl'II�1G OF LI� 5G the City Oaa�cil follwing suci� hear3ng. (Ref. 5'I9) . 4. Not less thar� ten days nor more than fifteen days after the ddte for submitting re�ewdl applications, the Liaense Board or the City Cancil, shall hold a p�lic hearing. Notioe c� the ti�oe and place af said meetinq and the fact that renewal applications Mfll be ocnsic3ered shall be published in the o�ficial riewspaper, ten ddys it� �a� the hearing. Opport�mity shall be given to ar�y person to be d for or against the grar�ting of a r�ewal liaense. In the event the Liaense Board holcis the hearing, it shall, Mithin fifteen days after the hearing, make a report of its investigation and hearing to9ether with re�dations, to the City O�uncil. In the event that the Lioense Board is unable to complete its report within that time, they shall report such fact together with reasons therefore to the City �cil whi� shall extend the time for the report for such reasonable time as it deens advisable. 5. After reoeiving such report and re�ndation, the City Douncil shall oonduct Within a reasonable time suci� additional hearing as it may deem advisable and thereafter shall grant or refuse the application in its discretion. 6. Each license shall be issued to the applicant only. Each license shall be issued only for the prenises c3escribed in the application. No liaense may be transferred to another person or to ar�other plaoe without aomplying with the requirenents of an original application, including the approval of the City Council and the Liquor Control Cammissioner as required, except as provided by Section 603 .06 ( 5) and 603.06 ( 9) .(Ref . 579) 7. �e City Qerk shall, within ten days after the iss�.+nce of any license under this Chapter, submit to the Liqnor Control Caronissiorer the full name and address of each person granted a lioense, the trade name, the effective liaense date, and the date ai e�iration of the liaense. �e City Qerk shall also submit to the . Liquor Control Commissioner any change of address, transfer, canoellation or revocation of any liaense by the Cau�cil during the liaense period. 8. Where a lioense is granted to prenises where the building is unc3er aonstruction or otherwise not ready for occupancy, the City Clerk sha11 not issue the licaense �til notification by the Building Inspection Department ti�at a Certificate of Occupancy has been issued and the building is ready for occupanc.y. �R�ef. 579) 603.09. PF�t9Q�.S II�Il�3,IG�E PER.9Qds I�lo lioense shall be granted or held by arYl' Person: D�IG�t.E 1. Qnder Xa �inetee� (19) years o� age. • 2. �o fs not of good mozal character and repute. If the applicant bas been an awne r, mana ge r or empl oyee of a sa 1 oon, botel . restaurant, cafe, tavern or other business of a similar nature, ti�e City Oaa�cil n�y oonsi3er the applicant's past perforn�noe reoord in detennining Whether a lioense shall be granted or renewed. (Ref. 579) 5H 3. it�o, sf ar► frxiivia�al, s.s an alies�. 4. i�fio has been aonvicted, within 15 �ears prior to the application o� sud� lioense, af any �ri.11ful violation of any law of the Onited States, the State af Minnesota, ac arry other state or terr3torY. oc of any local ordinanoe regarding the manufacture, sale, distribution a�cp� ssession for sale or distribution of intoxicating liquor, oz` v2�oe� liqucr liaense has been revokec3 faz any willful violation of any ls+ oc ordinanoe. S. l�a is a manufacturer ar wholesaler af intoxicating liquor. No a�nnufacturer or wtaolesaler �hall either clirectly or indirectly own or cnntrol or iave any financial interest in any retail business eelling intooc.icating liquoz. 6. i�li�o is directly or indirectly interested in any other establistunent in the City of FYic�ey to Mrhid� an •on sale• lioense has been issued �mder this dza�ter. 7. i�o, if a o�rporat3 on, does not have a mana ge r who is el igi ble pursuant to the pcovisions of this Section. 8. ifio is the spouse a� a person ineligi4le for a liaense pursuant to the provisions of Subdivisions 4, 5, or 6 of this Section or wl�o, in the judgment of the City Council, is not the real party in interest or benef icial o�rner of the business operated, or to be operated, �der the license. 7�e term 'intermt' as uaed in this Section includes any pecuniary interest in the ownership, operation, management or prof its of a retail liqu�r establisivnent, but d�es not incluc3e bona fic3e loans; b�na fide fixed surn rental agreenentsf bona fide open accounts or other obliqations held with or without eecurity arisinq out of the ordinary and regular course or business of selling or leasing merchandise, fixtures or supplies to such establishment= or an interest of ten per oent or less in any corporation holding a lioense. A person who reaeives monies fram time to time directly or indirectly from a licensee, in the absence of a bona fide a�nsideration therefor and excluding bona fic3e gifts or donations, shall be deened to hacve a pecuniary interest in sucfi retail lioense. In determining 'bona fide' the reasonable value of the goods or things reoeived as consic3eration for amr payment by the lioensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evac3e the prohibitions of this Section shall be o�nsic3erea. 603.10. Pi.�lCES II�ELIG�t.E ��S l. lb lioense shall be granted or renewed for operation on any �IG�LE prenises on whici� taxes, assessn�ts or other f inancial claims of the Citj► or of the State are due, del'inquent or unpaid. In tiie ev�t ar� action has been commenced pursuant to tbe provisions of �aptet 278, Minr�esota Statutes questioning the amount or validity _ af taxes, the Council may on application by the lfoensee vaive striet vomplian�e with this provision; no Waiver may be grante8, however, for taxes or any portion therea�, �hi� renain �mpeid for a period exoeeciing or�e year after beoo�ming due. SI Z. I�b lioense shall be grau�te8 for prenises locatea Within 400 feet of a public school or of any church, �e ciistance to be measured in a strai�t line from the nearest pcint of building to building, e�caepting the existing on-sale municipal esta4lishments at the time c� the enactment of this ordinanoe. �e erection of a public aci�oal a church within the pra�i�ibited area after an original appliaation bas �en granted shall not, in ar►d of itself, render such prenises= inel gi41e for renewal of �e lioense. � �. Ib lioense shall be issued for the prenises a�ned by a person to Mhao a lioense may not be granted under this ci�apter. 4. Nc 'ort-sale" lioense shall be granted for a restaurant and/or hotel that does not have a minim�n total building area of 5000 equare feet, with a miniman kitchen and dining area of 2000 square feet and with a minim�n seating capacity that is open to the general public of 130. fRef. 579) 603.11. do[1nIT�t�ls OF LI� aoNDITIDNs EVery license shall be granted subject to the condition of all OF LI(�1SE s�ec�tions of this chapter and of any other applicable provision of this Code or State law, including the follaaing: l. T�e license shall be posted in a conspicious place fn the lioensed establishment at all times. 2. Liaensees shall be responsible for the oonc�uct cf their plaoe of business and the o�nditions of sobriety and order in the pince of business and on the prenises. 3. No 'an sale• liaensee shall 8ell intwcicating liquor 'c�f eale". �. No lioense shall be effective beyond the space named in the lioense for which it was granted. 5. No intaxicating liquor shall be sold or furnished or delivered to any intaxicated person, to any habitual drunkard, to a ifft�i61 j,g,rson under ninete�n (�. v�ars of a�e, or to any person to whcrm sale is p�ohibited by State law. 6. No ilSi�f6t �rson �n�er ej�ah�e�p (16l years �f aae shall be enployed in a room where sales are ma3e, except that �f�tiS6f� �rson� �g= ej,,a�teen (1B) years of aae may be employed as musicians, busbays and dishwashers. (Ref. 579) 7. No liaensee shall keep, possess, operate or permit the keeping, possession, or operation of any slot machine, dice, or gambling devioe or apparatus on the lioensed psenises, and the liaensee shall not penait any gambling therein. 8. Licensees shall not knawingly permit the licensed premises or any roam in those pcenises or any adjoining building directly os indirectly under their control to be use8 as a resort fos pcostitutes. 9. No equipnent or fixture in any lioensed plaoe shall be awnea in whole' or in part by any manufacturer or distiller of intoxicating liquor, e�ccept suc� as shall be e�ressly permitted by State law. 5J 10. Piriy pclice offioer, or any properly aesignatea officer or e�loyee o� the City shall have the right to enter, inspect and search the prenises of the lioensee during the business Dour4 without a warrant, 11. licensee shall sell, offer for sale, or keep for sale j lnta c�.icating Iiquors in any original package whicfi has been refilled ot pnrtially re�i�led. No lioensee shall directly or through any o�er person deletre or in ariy marv�er taanper vith �e coritents o� any otiginal package so as to change its ornnposition or alcoholic ccnte�t Mhi1e in the original package. Possession on the premises by the lioensee of liquor in the original package differing in oort�osition or aluoho2ic o�ntent in the liquor when received fram the manufacturer or Wholesaler fram WY►am it was purciiased, shall be prima facie evidenoe �at the a�nt�ts of �e o�iginal package have been dilute, chanc�ed or taonpered with. 12. No 'on sale" liquor establist�ment shall display liquor to the public during hours When the sale of liquor is prohibited by the chaptez. 13. No licensee shall apply for or pcssess a Fec3eral Wholesale Liquor Dealers special tax staQnp ot a i'ederal Gambling sta�►p. 14. No licensee shall keep etfiyl alaohol os neutral spi rits on any lioened prenises or permit their use on the gemises as a beverage ac mixed With a be�verage. 15. �e business records of the lioensee, including Fec3eral and State tax returns, shall be available for inspection by the City Manager, or other duly authorized zepresentative o� the City or the City Caa�cil, at all reasonable times. 16. (�anges in the oorporate or association offioers, o�rporate charter, articles of incorporation, by-laws, or partnership ' agrec�nent, as the case may be, shnll be submitted to City Clezk within thirty �ys after such changes are naae. No�twithstanding the definition of interest as given in Section 608.09, in the case of a oorporation, the licensee shall notify the City Qerk when a person not Iisted in the appZication aoquires an interest which, together with that of spouse, parent, brother, sister, oc �fiild, exceeds 5$, and ahall give a12 information ab�ut said person as fs required af n person pursuant to the provisions af Section 603.03(?J. 17. At the time lioensees su4mit their applications for rer�wal o� a lioense, they shall list all ciirect oc indirect oontributions made to or in behalf of a c�ndidate for Fridley City Councilperson or Kayor, including, but not limited to, Candidates, Committees, Volunteer Canmittees, etc., for all Cfty elections from and including 1969 to the pcesent ciate. 16. �1 restaurant shall be oonducted in such a manner that ti�e business of serving food for a lioen9e year �nust be a mininua af �10� o� the total busiress of serving fooa ana intoxicating lfquors. A hotel sha21 be a�rx�ucted in sud� a m3nner ti�at, cf that part of t2�e total busiress attributable to or c7erived fran ii�e serving of foods and intoxicating liquors a minim�an of 408 of the business for a liaense year is the serving of food. (Rei. 579) � 19. At the time of appl i ca ti on for r enewal of appl i ca ti on of an 'oR-sale" lioense, the applicant shall submit pcoo� to the City that a m3nim�an of 408 of the gross sales, derivec3 fram the sale of food and intoxicating liquors of the establishment, for which the •on-sale• lioense is to be used, is in the serving of food. lRef. 579) � i � � iO3.22. HO[tits OF OPIIiAT'�0[�t 1. 1b eale of intoxicating liquor shall be macle between the hours of 1s00 a.m. and 1p:00 a.m. an S�mday, ror bet�we�► I2:00 mi�ight on Sunday and until 8:00 a.m. m Monday, rar between the hcurs of 1:00 a.m. and 3:00 p.m. on any Memorial Day, nor between the hours of 1:00 a.m. and 8:00 p.m. on any day of a statewide election. No on-sale shall be ma3e bet�ween the hours of 1:00 a.m. and 8:00 a.m. on any weekday. (Ref . 752) 2. It si�all be �a�►lawful for ariy persons or custcmers, othet than the lioensees or their employees to remain on the premises after 1:30 a.m. 'i�ere shall be no oons�p�tion by any persons, including the liaensees and their enp2oyees, after 1:30 a.m. 603.13. �I.S No sale of int�icating Iiquor shall be mede to, a in, guest zoans of hotels �nless the folla�ing o�nditins e�cist: 1. 7�e rules of such hotel provide for the servioe of ineals in guest rooas; 2. R�e sale of such intoxicating liquor is made in the manner required for 'on-sale"t 3. Svch sale acocxnpenies and is incident of the regular servioe of meals to guests therein; and, 4. The rules of such hotel and the c3escription, Iocation, and rnrnber of suc� guest roams are fully set out in the application for a lioense. 603.14. RFSJRICrmKS II�1NC�.VIl�1G MINOEtS 1. No liaensees, their agents or enployees shall serve ot dispense upon the licensed premises any intoxicating liquor or norr-intoxicating malt liquors to any �tr�6t �tson undPr ninP p n (19) vears �f aee; nor shall such licensees, or their agents or emplayees. permit any tfiisldf p�rsc� tm�r ninef�� (19) ygars of sae to be furnished or consume any such liquors on the licensed pcemises. . 2. Mid6fd Per�ons �nder eineteen (�9) yPars of aae shall not t0isrepresent their age for the purpose of obtaining intoxicating liyu�r ac norrintaxicating malt Ifquor; nor sha21 they enter any prenises lic�ensed for the retail sale of intoxicating liquor, or non-intoxicating malt liquor, for the purpose of purchasing or having served Qr delivered to them for consuming any such intaxicating liquor or beer; nor shall they purchase, attempt to 5 r, •. . • • �• �• : • ai� RFSIRICTIONS INVCILVII� MII�LS 5L purchase, ocnsume, or have another person purci�ase for the�n any intaaicating liqu�r c� beer. 3. l�i� person shall induce a�i�6f �*�, ►�►� *+;�p,�e�n (19� y� of aae to purchase or pr xure or obtain intoxicating liquor or non-intoxicating malt liquor. :; 4. �lny person who may appear to licensees, their employees or` agenEs to be a minor shall, upon demand of the lioensees, theis enployees or agents, produce and permit to be examined a valid �iver'8 lioense or a curre�t nonqualification certificate issued pursuant to Minnesota Statutes 1976, Section 340.039.1 5. In every prosecution for a vfolation of the provisions of this C?�apter relating to the sale or furnishing of intaxicating liquor or norrintoxicating malt beverage to a�ifdf person � r ni ete� (? 9) ,vears of aae, and in every proceeding before the City Council with r�spect thereto, the fact that the �Si�S6f �rson �.�3er ineteen t 9) vears of aae irnolv�ed has obtained arx7 presented to the licensees, their erq�loyees oi agents, a vertified identification card fram which it appears that said person was �Sf�f6f_ninetegn It9) �ears of aae and was reqularly issued such identification card, shall be prima facie evidence that the lioensees, their agents or emplvyees ere not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or int�tior�al. 6. P�ersons who may appear to the licensees, their employees or agents to be �tyidt�d undPr r��neteen (19) y�ears of aae and who do not hnve in their possession any identification certificate as above described, may si� and execute a statenent in writing as follcws: RF.AD CARF.FVLLY BF.E�RE SI(�1Il� It shall be Yd�bf�T s��ia >> for persons to misrepr�ent oz mis-state their age, or the age of any other person for the purpose of inducing any liaensee, their employee or agent, a arYy lioensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcholic or non-intaxicating malt liquor beverage to a wS�fiSdf person under ninet�en (19) v�ears of aae. It is also unlawful for �Siifdt� versons y�lder nineteen (19) vears of a� to have in their possession any intoxicating liauor with intent to consume the same at a plaae other than the household of their parent or g�arclian. Any person who shall violate any of the fore9oing pravisions of law shall be p�atished acoordingly. VIOLATION OF �iE ABOVE MIl�II�SOTA i.��W LS A MIS�ANOR AJNISHABLE BY A FII�E OF 5300.00 OR A 90 LwYS WORiaiOUSE SFNI4NCE, Oit BO'�i. age is . Diate af Birth . Plaoe o� Birth M�j► address is �ted: T�ipe o� Identific�+tion, if any ilit�ess Sig�ed �e a�ve form shall be furnished at the expense of all lioensees desiring to use the same and when properly executea may be oonsidered as evidenoes in any pcosecution and by the City Council in any pcaaeeding before the Council a� a eo�anittee thereof relating to the business or oQerations of the licensee. 8uch forms after Pxecution st�all be kept on file by �e liceneee for a period of one Y�• 603.15. 0� RfS�tI(.'1'�OtZS Q�i PLI�ASE OR �1'I�1 ' 1. �b person shall give, sell, procure or purchase intoxicating` liqu�r to, or for, any person to whom the sale of intoxicating lfquor is forbid3en by law. 2. !�o person shall mix or prepare intoxicating liquor for consumption, or consume, in any public place not licensed in acaorc�nce with the ordinanoes and laws of the City of Fric]ley and the State of Minnesota. 3. Ab intoaicating liquor shall be sold or consumed on a public hic�way or fn an autamobile. 603.16. 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BUSP'PIB.SION 0[t RL\iOGT�ON •� 'fie � Oo�cil �y suspend or revoke any lfcense for the sale of 3ntoocic�ating liquor for the violation of ar�y pcavision or condition cf this �apter or af ariy State law or Federal law regulating the aale of intaxicating liquor, and shall revoke such license for any villful violation whic�, under the laws of �e State is grounds for mandatory revocation, and shall revoke for failure to keep the insuranc:e required by this �aipter in full foroe and effect. 603.18. l�D�!'IGE F�coept in the case of suspension pending a hearing cr iffiediA*p �evo�:tion for fai?���.�o_have �f,�� at al? t��s wirh he Cit. the liabi?ity �n�LZ�n_Ce_po?icy or other evide,�� �f financial re___s�nsi,bl?rtv r�wired under Section 603.16, a tevocation ot suspension by the Camcil shall be preceeded by aritten notice to the lioensee and a public hearing. The notice shall give at least eight days notioe o� the time and place of the hearing and shall state the nature of the charges against the licensee. Z�e Council mny, without any notioe, suspend any lioense pending a hearing on revocation for a period not exceeding 30 days. The notice may be �erved upon the liaensee personally or by leaving the same at the licensed prenises with the person in charge thereof. No suspension shall exceed 60 days. 603.19. AL�►TDON OF PRD�lISFS Proposed enlarganent, alteration or extension af prenises previously lioensed shall be reported to the City Qerk at or before the time application is mac3e for a Building Permit for arYy sud� change. 603.20. DISPt3�SII� LIC�IISE 1. Pb person shall w�ork as a manager, bartencier, aocktail v�itress, clerk, or in any capacity where such person sells or serves intwcicating liquor on the prenises liaensed �3er this ciiap�ter, and no lioensee shall petmit any sudz person to be Bo employed, ur�less euch person, within seven days af ter being f irst employed, Bhall apply foc a lioense to engage in eud� business. l�o persons may be eo euq�layed for actiy le�gth of time if their lioense fs denied or sevoked. " 2. !�n application for suct� license shall be filea Witt, the City Qerk upon forn�s prwided by the City and such application shall be verified �der aath and shall aonta.in the follvwing infonoations A. �e names and addresses of two residents of the State of Minnesota, who have known the applicant for a period of two 50 bZISPQd.SION Qt REVOCATTDN . . �• � u • • > >.� DLSPIIBSII� LICII�LSE yenrs and who vill vouch for the sobriety, iaresty, and general good character of the applicant. B. A oor�cise histacy of the applicant's previous eaployment. C. �e reo�rd, if any, af arr�ts and of oonvictions for aimes and misdeneanors other than traf f ic of fenses. ,: 3. �e annual lioense fee and expiration c'l�t� shall be provic]ed in QtiapEer 11 af this Co3e. Application for renewal of an existing lioense shall be made at least 15 days prior to the date of the expirdt3on of the license on such form as the City Council may a�p[OVe. �. �e appliaation shall be referred to the Pcliae Departme�t Whid� shall irrvestigate the facts set forth in the application and make a written report thereon at the earliest practicable time. If the Pelice Deartzner►t reoarunends that su� person be licensed, the City Clerk shall issue the lioense forthwith. If the Police Department makes a recommendation that the license not be issued, the applicant, u�n request, shall be entitled to a hearing before the City Co�cil and may offer evidence to prave the license should be issued. 5. No persons shall be issued a lioense if it apQears that they t�ad oatmittec3 ari act which is a willful violation of Minr�esota Statutes 340.07 through 340.40. 6. 1�ny lioense issued hereunder may be revoked for any violation of this chapter or of Minnesota Statutes 340.07 through 340.40 or for oonviction of ariy crime or misc�rnear�or irnolving m�ral turpitude. 603.21. �lLT�RIZATIAN Z�D I.S.SUE "(�-SALE' FTII� Li� �e City is hereby authorized to issue •on-sale' Mine livenses pursuant to authority of Minnesota Statue. Lfcenses may be fssued to 'restaurants" as def ir�ed above. (Ref . 61v 603.22. WII� LICQI.SE 1. No person aperating a restaurar�t shall eell or permit to be sold on said prenises any wine without having been issued either an 'On-Sale Wine Lioense" or an 'On-Sale Intoxicating Liquor License'. 1�►n bn-Sale Wine Lioense' permits only the 'on-sale' of wine not exceeding 14 peroent alaohol by volune in aonjunction With the sale o� food. (Ref . 61v 2. 7t�e annual lioense fee and expiration date for 'On-Sale Wine Licenses' shall be pravicled in Chapter 11 0� this Code. �. Ib wine lioense shall be issued to any restaurant having seating capacity of less thari seventy-five (75) persons. i. �e pcavisions of �apter 603.01 to 603.21 abo�ve shall apply to `QrSnle Wine Licenses' insofar as p�acticable, as they relate to: Definitions; �►pplications; ReneWalt p=��dure for Granting Lioenses; Persons and Plaoes Ineligible; Conditions of Lfcense= Hours of Operation; Restrictions Involving Minors; Other SP AL1��ORIZATIDN '1� LSSUE '0[� SA1,E' WII� LIC�LSES WII�IE LIC��3.SE � Restrictions of Purchase oc Consun�tiont Liabil� Insurancet Notice and eearing on Suspension or Revocation of Licensef Alteration of Prenisesj and P�alties. �Ref. 61v 603.23. PP2�U�I.Z'�S �Iny violation of this cha�ter is e misdaneanar and is subject to all� per�a�ties provided for such violation under the provisions of �ap�Eer 901 af this Code. � ? � � �. PiAS.SF.D 1lND ADOP1'ID BY � QTY �JNCII� OF R4iE CITY OF FR�Y �IIS nAY OF , 1983. WII.LIAM J. t�E - MAYOR A'1'I£ST: SIRIEY C. II�N - CITX Q�F�iK Public Aearing: First Reading: Sec�ond Readir�g: Publish: v�s 5A �dII�1I� �• __+, l�i � 1�l�DIl� � R�]7uIPYIIiG �P'1'�R 605 ffi�TPIT�,ED '11�T10XIGTII� LIQUQt - Q.iBS' BY ADDlI�1G SBCRION 605.15, 1� AMF�IDII�G SDCTIONS 605.04, 6os.o8, 6os.�, x� sosa�. al�e aty oo�n,cu o� the city o� �'rialey aoes cral�in as folla�s: � - ` �FII�ITIDKS 605.01• 9l�e follvwir�g def initions shall apply in the interpretation snd application of this Chapter and the following words and terms, Ni�erever they occur in this �apter, are defined as follaws: iRef. 280) 1. Bottle Qub. Any private club as defined in Minresota Statutes, Section 340.07, S1�bdivision 7, or any unino�rporated sxiety which shall have more #han 50 me�nbers and �rhich shall have for nare than ore year, owmed, hired or leased speoe in a building of suci� extent and character as may be suitable and adequate for reasonable and comfortable acoomoc3ations for its menbers; which said club or society allaws its mant�ers to have and keep a persorel supply of intoxicating liquors in lockers assic�ed to sucii members, in acoordanae With this �apter and State Law. Z. Intoxicating Liquor. Any distilled, fern�entec] or vinews beverage containing more t2�an 3.2g of alaohol by rreight. 3. Origi.nal Package. �e sealed bottle or other container in which liquor is placed by the manufacturer. 4. Public Drinking Place. 1�r�y public place whici� serves liquids Which are or may be usea for the purpose of mixing intoxicating liquors to be cons�aned on the pr enises. 5. Public Plaoe. Any plaoe, other than a private hame, where t�,ro or more persons or groups of persons or the public oongregate or frequent, and shall include, but not be limited to, clubs, taverns, beer stores, drug stores, restaurants and hotels. 605.02. LI�FS R�1IRID LIC�'�].SFS IQo person shall directly or indirectly, in any public or private �� plaae or upon any pretense or by any deviae, allaw the consum�ption or display of intoocicating liquor nor serve rar pennit to be served any liquid for the purpose of mixing with intoxicating liquor Mithout first having received a license and paia a fee as hereinafter provided. lJ � 6os,o�. �s �e ar�nual lioense fee shall be as providea in Chapter 11 of this C1ode. �e expiration date shall be J�r�e 30. 605.0t. �PP'L.IGZ'DOiN POit LIC'El�SE l�pplication for lioense may be made by ��Etddr� the actual own�r or �r�rjeter of the place of business by submittinq to the City Qerk a writt� statenent �der oath setting forth the naane of the applicant, the applicant's addrpss, bb�SE��/6t/t'ifE/�dTti�(�it/6�}iE�f !�lri/�lrS�ft'�t�/�i�6N the business in connection with which the praposed liaense will aQerate, the businesses' location, whether oz not the awner or owners were ever convicted of a crime and whether or not the appl icant has ever applied for or held in other communities a license to sell or permit consumption on the applicant's premises of intoxicating liquor and such other information as the Council may require from time to time. 1�pplication shall be on standard form to be prwided by the City. 605.05. FEES PAY�BS�E Each application for a license shall be accompanied by a receipt fran the City Qerk for peyment in full of the required fee for the lioense. All fees shall be paid into the g�eral fund of the City. Upon rejection of any application for a license, the City Manager shall refund the aanaa�t paid, less any cbsts for prooessing. 605.06. REEUPID No part of the fee paid for any license iss�a under this Chapter shall be refunded except in the following instances: Upon application to the Council within twenty (20) days aftet the happening of this event, there shall be r��uxied e pro-rata portion of the fee for the unexpired peria3 of the license, computea on a m�nthly b�asis when operation of the licensed business ceases not less than one m�nth before expiration of the livense because o�: l. Destruction or damage of the lioensed prenises by fire or other catastraphe. 2. �e lioensee's illness. . 3. �e lioensee's deati�. �. l� change in the legal status of the City making it tmlawful for the lioensed business to v�ntinue. 605.d7. QiAN'I'II� OF LI� �e Public Safety Director shall investiqate all facts aet out in the application including a consideration of the building vith regard to zoning and building ordinances and the proximity of schools and churc�es and shall give a�pp�rtunity to ar�y person to be heard for or against the granting of the lioense oc� tequest. C�� -�� APPLIC}�T�1 P�R LI(�1SE Fi�'S PA�BI� i• � � r-� o •- �� � After such irnestigation and hearing, d�e City Council shall grant oz refuse the license in accordance vith the provisions of this �apter. 605.06. PER.9Q�1S INEZ.IG�IE POR LICi�SPS l�c lioenee shall be granted to or hela bY �Y Person: 1• i�1dEt � flinP�,,,�sn (1 �i �rS O� agE 2. t�less that person fs the actual awner or proprietor of the plaoe af business r�rhere he or she intends to pe=mit sudi ocnsu�tion of intaxicating liquor. 3. No lioense shall be granted to any person who already owrns or has a direct or indirect interest in a lioense pcwided for in this Q�apter. 4. Who has been oonvicted of a felony. 5. Who is a manufacturer or wholesaler of liquor who is interested in the oontrol of ariy plaoe Mri�ere liquor is manufacturec]. 605.09. LI�'S, � It shall be a oondition of every lioense that the licensee furnish the City Qerk a list of all persons, finos or corporations having an interest in the lioensed busines and the extent of such interest. If the licensee is a corporation, such list shall show all stockholdezs, theic resicient address arid the n�nnber of shares held by each, either personally or beneficially for others. It shall be the ci�ty of each lioen�ee to notify the City Manager of any change in legal awnership or beneficial interest is such business or such shares. Any change of adciress or beneficial interest or stxk entitled to be voted at any meeting of the stockholders of a corporate licensee which results in voting control of the oorporation by persons owning shares of stxk therein shall be deemed equivalent to a transfer of the license issued to such aorporation and any sucfi change of ownership or beneficial interest af shar� unless the City Cau�,cil shal l have been noti f ied of such change in writing and shall have appra�ed thereo�. 7t�e City Oouncil or any officer designated thereby may, at any reasonable time, examine the stock transfer recoid and the minute book of any vorporate lioensee. 605.10. Pi�F�S ]NII.IGIB1� i�R LIC�E No license shall be granted for sale on any licensee has been convicted of the violation where ariy lioense here�ux3er has be�n revoked for t6� manths have elapsed after such o�nviction or aes�xui�na��c� premises Where a of th is Chapter or a cause until sis rEVOC�dtlOrl. �/YSf e�i�d/�d/irV 1�ff /Yi��l�/�fs7L�iXJ�fT LC���d /ISE/�Eri/i6t i�+S��¢Yi6ril�!/E�fi�+i�t`i6�I�I166T iEElbf fi�t/dt If4S�lYl�ffH X,6riS6,1 ii'�/6i/t�f E/¢i!'�l i • �i ••: .�-� � �� �• -. - .} �, LIC�lS�S � Q�S'HIP T,�. � y �- -�• �� �� 1::1ai'r '.:� . 6os.u. r�c�.s� r�o►r Fdch lioense shall be issued to the applicant only and shall not be transferable to another holder. Each liaense shall be issued only to the pcenises described fn the application. No license nay be transferred to another place Without the approval of the City� Counc3l. 605.12. � ltII�DttS It ahall be unlawful for any: 1. Person to procure intoxicating liquors for any �Ri�6f p��� under ninetee� 119) vears of ace. 2. Person to permit a�6f person under ir_►et �(19) ve�s cf ace to o�ns�me intoxirating liquors on the ptemises of said person. 3. /�i6f Person under ninetepn (19) vQ�rs of aae to misrepresent his or her age for the purpose of obtaining set-ups to use with intaxicating liquor. 4. /l�rSdf Persm v�nder ninQteen (19) v�ears of n,ge to have in his or her possession any intoocicating liquors. 5. MfiS6f Person under nineteen t19) y�ears of aae club member to be assic�ed a locker for the storage of intoxicating liquor, or to display or be permitted to display intoxicating liquor on 'Bottle Qlb" pI HTIISES • 605.13. RF�BtICTI0AIS No licensee or other person shall cons�ne or display ot allow oonsu�tion or display af intaocicating liquor on any S�a�day between the hours of 1:00 a.m. and 12:00 noon, or between the hours of 1s00 a.m. and 8:00 a.m. ac� any election day in the district fn t+hich the election shall be held. No sale shall be mac3e between the hours af 1s00 a.m. ant] 8:00 a.m. on ariy week c3ay, Morx3ay through Saturday inclusive, or between the hours of 1:00 a.m. an8 3:00 p.m. on Memorial Day. Al1 licensees shall be closed to the public starting not later than 1:30 a.m. until the time herein pravided as pe=missible for sales, o�nsu�tion or display. No person other than employees shall be permitted within such establisrunents during the closed perioas. It shall be unlawful for any persons or custaners, other than the lioensee or the licensee's employees, to renain on the premises after 1:30 a.m. There shall be no conswnption by ariy persons, incluc3ing the lioensee or lioensee's �loyees, after 1:30 a.m. 605.14. LIABII�I'lY II�TIi� LI� I�T 7Ii1�tySF'Q2AB1�E -��.� : ?��►:_ 41���. � LL4BILITY II�LSiJRANfE 6C - ..- . - , - - �, � . . . �� - . �r -s��..■•. 1�•.. _,• � . � �...� �.- .._ - �._�j�.�L ���ti*�4yi�� llny peaoe offiver shall have �e ua�qt�alified ric�t to enter, inspect and searc#� the prenises of the licensee under this Chapter during business i�ours without a searc�h and seizure warrant. 605.16. RBVOC�►TIDN 7he violation of any provision of this Chapter by a licensee or agent, shall be grounds for revocation or �uspension of the lioense. �lff6tE fE�d6f.�ii'i6�S E�ccpnt as Drovide��,n s�c�ion 60��?.4, bPfore a ,.icense is evoked, the licensee shall be provided with written notice setting out the nature of the charges against the licensee and setting a date for hearing before the City Council, r�ot less than eight (8) days fram the servioe o� said No�tioe. 605.�7. E�2�TIDN The licensing fees of this Chapter shall not be applicable to non-profit organizations, but they shall be bound by all other provisions of tihis �apter. 602.18. P�I.TY Any violation of this (�,apter is a misdemeanor and is subject to all penalties pcwirled for suct, violations �mder the provisions of �apter 901 of this Code. � ti• a i� • �. �. �� �• �• .�'� pASS� AND ADOPTID BY THE CIZY C17IJNCII� OF ZiiE CITY OF FRII�,�EY �IIS , nAY OF , 1983. WIIZIAM J. I�E - MAYUR ATIEST: SIII�IE�'Y C. D�N - CITY Q�tR R�blic Hearing: Firet Reading. Seoor�d iteading: Publish: GE a�� rD. —.- l�li�I QtDII1AN(E AI�tdDII� 1�1D R�DIFYING CAAPTER 606 ENTITLED 'INTOXIGTING LIQUOR -�NGRFSSIONALLY CHARTERID YEZ'F�tAN' S ORGANIZATIONS' BY ADDING b`�cTION 606.Q7 At�ID AM��mIIaG SDCT�ON.S 606.06, 606.09 �t�ID 606.12 7t�e City Co�cil of the City of l�idley does orc'tdin as folla+s: • i 606•�1. DEi'I2�IIT�1.S DEFII�IITIDNS '�e folla�rinq deffnitions shall apply in the interpretation and application of this chapter and the following words and terms, rrherever they occur in this chapter, are defined as follows: l. Congressionally Q�art+ered VetQrans Organizations. Zt�ose organizations which qual ify for license under the terms of Minnesota Statutes, �apter 340. 2. OrrSale: �e sale of liquor by the glass for consum�tion on the prenises only. WV�OZ• ��.41V�a a�++tiN++�a�+ No person or organization ehall sell, deal i.n or ciispose af by gift, sale or otherwise, any liquor without first having obtained a liaense to cb so from the City Councilj prwided, t�awever, that this section shall not pra�ibit the giving or serving thereof to guests in a private home, shall not prohibit the eale thereof by e manufacturer or distributor to a person holding a license thereunder, and shall in no May effect the operation of the municipal liquor stares. �?�;�i� ��,n ��;�i��i}, ti• ��� 'On sale liaenses only' may be issued to Gbngr essionally Chartered Veteran's Organizations which have been in existence for ten (10) years prior to the application for suci� license. �ch �ganizations s?�all be issued for the sale of orrsale liquors to member6 of the organizati on only. 606.04. SUDIDAY LIq[)O�t SN.FS No person or organization shall sell any intoxica ting liquor on Sundays without obtaining a separate liaense for said S�clay sales. The annual license fee for 'Sunday Liquor Sales' shall be as pcwided in (hapter 11. �is fee is in addition to tbe fee charged for an 'On-Sale' license. All provisions of the ordinance pertaining to the 'On-Sale' license shall apply to the 'Sunc7ay Liqu�r Sales' lioense insofar as applicable. 606.05. 1�Ppi.IC�►T�OAI All applications for liaenses hereunder shall be made to the City eetting forth all information neoessary to show whether or not the applicant qualified foz sucii a lioense �a�der this fiapter, together with sudi additional information as may be required by the City Co�cil. ' �� ti� ' �• I' }• . � �. . I �� � - �. StTPIIlAY LI¢)OR SJ�L�ES APYLICATID�I 7 .� �.�. �� � Rhe aanual lioense fee and expirat3 on date shall be as pcavided in �er 11 of this Code. XTY/��iE�f!'t6rS�/�4f�Z/�dd/IdE////////// ��sr�,ax�i�vzt��rr�i�,��i�r�r�i�t+�i�as�rzn�ityv� d�S6►�YJ6f /�SB�BBBCAB/��/Et �E/f dt /6rSE/����ri/�d/fZBB,�B881e8////// l�6�/Etd�E/i6t/�S6tE/!'N��ri/6�SE/16Et�6rV�(if�l/�!�'Ld�EEitit.iYZ�(/�16�KlIE// t6[/XNE/�(�}�E�SYJiS� /t�f Elirt�,�t�drt�f /�nt¢�(rI�16��!/6flL�NE/t�Ed/ d[/�Q'Z/d�/6f/ri(E/iri��lE!!/�Yf �X/tSfCdaSE/61dXi�/Y.i6/�f�/i!q(/t6�dQ�S �[/Tf�ldiYfl�(li�66�dl�SdrSJiL1kS�/X�6/t6t /�j�l�/6�l /i�e�Eli6l16E�dd�Ss �mm�ti�x��.�rr����it,s�r�,��irx�iz���;r�it,��ai��,vrx�iiii trS�rSf E�!lk5�(lKi�irSE��YaUBY�f tSdYE�/g�EYi6��81981 !lSdEYS/Y��37ii�/I /// irS�r.tf�l�/�S6riE�/dYf�Z/tS6r�iri/�e�6i/6iN��/�(rfd/�(il�diY3'6ti�/�t6�i�ibyis I�I�S�ld�iill�!!/l�l1'Si�tE�d!'�/gY�fY�lYE�/8EE!!i6�/1�L1'Z! 606.07. LI�►BII,I'lY 1K�A�1� � -� •- �:1 "1 �� • - � •, �• •� • • � �,• � •. �d ��_ •� • • � - • • - _ / . - �. � •,-���� - • �• • � _ � - •� � • � i'.- • • . • �i��� �� �J _� �_� 1 • � - • 11�11 • � " • � • - ►�, / � �,� • 1,' - 1 .- • - / �.� • � • �,- �� - • • • � . � - ��� � • ii = ��- - � • �• •- r - �.- � =,�f - r r - �. .- . • y • � � • • �J • � • �,- • ��. � • II � II tl •• �- . • w 1 1 1 1 �_;.� _. - • • � • � � • . � • 1 ' •.- - • 1 i .� �.�- �„ r -� ,- .�• • :. • �.- tl • �.�' •- !.• 1 1�' _ �� � � • 1 1 1 1 1 • :� __ - • �.� • � • � ,• • II • • ' • � � - 1 • 1 ' �� � ' - 1 • 1 � ' - li! � • 1 111 ��� - ♦ � � • • •- � •� • • ••- • • t.- � - � �.� ' �_!�S ��. .' 1 111 • •� • 1�:f.� • _ ���• • .• •� •." -•� � _ � • � - �� - � - _ � • • y • � - �� • • � - • - �,� 1 1 1 1 1 • •.. • ii :,_ � • _ �� � • • � ,� • �� • •- �_/ � •�- �►� _1 .- • ��� � • • - • Ni� - / 1 ii � li i� • - - _ • �� •,:.�� � - . � �J - • - - . �_ � _- - ti �- - � - ��� -�-i��� - - .-.. -. � �- - - i� i�� � _� . -.�r ./� � R = :i - ��' • t - �� � � • - �.- � . • • l � 1! 1- 1• Ii• ' (. - • 11 t 11 . / .i� • . � • _�/ - • ' y _. 1 • . �� • • � 1 �! 1 •. �• 11.- •L • / 1 �' • • - � �s; . - • • ' - �.. ' � . � • iq 1 � _ ' • • •� 1.- �. ':'7 :�.1 • � -.� • � � ' • � . 1 1 � � - 1 • • � ��.��! S� • _ �. �- • =�.�.I- • � - • � - . • � _ �, _- • • y �'. :.� �� - �. � _ .,1 1 _ � • �.�, ti ;� ( �} �1 " 71 �a ,.- , :,. . ., ... .,.. . - ..- ., . „ „_.- ,_ :,�: ' ��- • -•" 1•- �- �w� ��- • 1 - -•� -��.'� • - �.� . 1 1 - ��� 1�' • ��" • • - �,- : • � . �, _- • • y • • � ' - •,- t ' • 1.- /. ".i��.� • _��� - • � • - • • .1 1 .�• _�. •- • �. �� • 1111�� - �� _ •� • �- _ �• � �'� ' • �,11• . � ' • 1.- �-•� f-�7��� � • :��� cll' / • .=. �.� . 1 1 . � • • ' � _,� • i - - •- • - �' n �- •� - - �- -r •.- =a • . �• � .- � i! � � i.- . .; - 606.08. APPLIGT�Dl�IS II�vFb�'IGAZF� �e City Council shall cause an investigation to be made of all facts set forth in the application. Opport�mity shall be given to any person to be heard for or against the grantinq of any license. After such investigation of the application, a license may be granted or refused at the discretion of the City Oo�mcil. 606.09. aC1t�IDITDOl�lS All licenses granted hereunder sr,aii be issuea subject to the folloWing oonditions, and all other o�nditions of this chapter and subject to all other provisions of this Co3e applicable thereto: l. 7l�e lioense shall be poste8 at all times in a o�nspicuous place on the lic�enses prenises. 2. No sale of any liquor will be made to any pexson under guarciianst�ip nor to any person �der LQ nin�te� (L9) years a� age. 3. I�b g�mbling nor any gambling devioe p�ohibited by law shall be pe�itted in a�ny lioenses preni.ses. • �. All liaenses gra�ted �der this (2�apter ehall be issueci for tile pce�nises designated in t2ie application. Such license shall be transferred to another place without approval of the lioensing authority. � 5. Nc lioense shall be granted Within six hundered (600) feet of ac�y public school nor within six hundreci (600) feet o� ariy chur�.4 7B AP'�L,IGT�'JNS II�IVFSTIGAZ'ID •� � If 6. �e licensed prenises sha]1 be oQen to inspection by any polioe or health offioer or other praperly desicp,ated officer or employee o� the City at ar�y time during �ri�id� the club shall be open to its members for business. 7. 7l�e sale o� intaxicating liquor tn�der such lioense is restricte� to m�rnbers of the club whici� holds the lioense. � 6. �he liaensee shall strictly observe all of �e laws relative to the 'on-sale' of intoxicating liquor as set forth in the Minnesota Statutes, together with all the rules and regulations of the State Liquor Control Canmission insofar as they are applicable. 9. �e lia�bility insuranoe policy as requirea by this C�apter shall be in full force and effect during the teim af any lioense granted thereunder. . 606.10. PR08IBI�ID SAi.FS No lioensee shall sell or serve liquor to any intaocicated person or persons to renain upon the prenises occupied by the holder of such lioense. 606.11. �KT PRL� �I'!� No person or persons shall conduct himself or themselves in a disorderly or boisterous manner upon the pzenises of a licensee holding an 'on sale' license, nor shall such licensee permit or suffer such acnduct up�n such liaensed prenises. 606.12. REVOGTIOt�I In addition the provisions for revocation in chapter 11 of this Code, any license granted hereunder may be revoked by the City Co�u�cil for cause. Cause for revocation shall be violation by the licensee or its emplayees of any law of the State of Minnesota ze�ating to intaxicating liquor or violation by the lioensee or its e�loye�s of any pravision or cbndition of this (�apter. cevt as �rovided in sec:tion 606.07, a Iiaense shall be deemed revoked upon the passage of the City Council of a resolution to that ef fect, and no portion of the license fee paid shall be returned upon revocation. 606.13. F�311�LTTE.S Any violation of this chapter is a misdaneanor and is subject to all penalties provided for such violations under the provisions cf Qtiapter 901 0� this Co3e. �.� i: - }� a. •. �. - s�� . �• }� : a.� . y�•,� �>f�i`��r-� P�SSm AND ADOPTID BY �]E CITY �UNCII. OF �E CITY OF FRIDL�'Y �LS ___._ L1A1' OF . 1983. WIId.IAM J. I�E - M�YOR I�Z�T: 7C 7D sm�r c. n�x - c��r a.�x Public Aearing: First Reading: Seoona Reading: i Ai�1�ah s '�•�� � •� At�1 O�RDIl�3� Al�31DING AI�ID REOODIFYTNG CH1�PT'ER 607 �1TITLID ' LIC�ISE" BY AUDIIT SDLTIpN 607.05 e 7t�e City Oa�cil af the City af Fridley does orclain as follarss �il i i,��:� � �►,�i>./ � y��i��, i�tertainment as herein used is c3efined to include, but not be limited to, nusic, singing, plays, c3ancing either by the public or performers, irotion pictures, exposition, perforn�anoe, nale or fenale reviews, fashion shows, 4V other than regular public channels, c�r,certs, or any other deliberate act intenaed to amuse or entertain patrons and✓or enplvyees. . � i : �-� • � �a ►> ti • �� �- }� l. No persons operating an establishment in the business of eelling, permitting to be displayed or consumed, an intoxicating liquor or non-intoxicating malt liquor, shall permit any entertairnnent of the prenises without having secured a lioense to permit such entertairrment fram the City Oouncil. 2. Lioenses issued pursuant to this t2�apte� are not transferrable bebwe� persons. S�ch liaenses may, however, be transferred to a new location under the same ownership upon approval by the City Camcil. 3. F�ntertainment licenses and fees shall be fn addition to any lioenses required for the establishment's operations. The annual liaense fee and expiration date shall be as pcovided in Chapter 11 af this aode. 607.03. Ri5'IRICTI�IS Holaers of an entertainment license shall be subject to all the regulations and restrictions contained in this code and any violation may be gramds for the canaellation of said lioense if the City Council shall so determine. 607.0�. pROHiBITIpKS It shall be unlawful and no entertairn�ent lioense shall be held at any establishment in which any person is allowed to: 1. Renain in or upon the prsnises who exposes to public via�r any of his/her genitals or anus, except When the genitals or anus are oovered with opaque clothinq. 2. Perform or stimulate se�a�al acts, oc make physical contact viti� another's sexual parts of the h�aran body. 3. �cw films, or other visual reproduction depicting entertairn�ent rrhich if d�ne by a person on the premises would be proi�ibited by this �apter. ? �I• • 1 1} � 1 I}� > �• • � i� «� � •�• �•�. �: �.��: 4 i•., `! } �• • � i� •.• � 0 �:"� •.r •'.�ylt��7N�� �IF� •. �1�.- � - • �� � -�'�i*�� - 7�•,�_ . �.� - . � . - - . � _ .1 1 -/• _1. •- �� 1! • It11�� �� . •� • �- ' � _ - � • - • _ � - • � • _ - � •� • . • • • y = - � - � � - • ��- - 1 =s' • ��" II �- 1 • � • - • • � ��- • - � - - 11 / ' • � - - - � ' - � - �, - ' l�. =.� 1 -� 1��:1 �,- .�_- 607.06. I�II�]ALTI�S 1. �ery person who produces, pranotes, prepares, solicits, manages, directs or participates in any entertainment contrary to the prwisions of this Q�apter shall be guilty of a misdemanor �nd subject to all penalties prwided for such violation under the prwisions of (�apter 901 of this Code. 2. Violation of this ordinanoe shall be grounds for revocation or suspension of any and all liaenses t�eld on sud� prenises. PASSID AND ADOP'1� BY Zi�E CITY �[II�II, 0� �E CITY OF FRIII�t �iLS �P►1' OF . 1983. WII.I.IAM J. I�E - MAY�R 1�7'PFST: SIINE'Y C. II�II�N - QZY Q�ZR Public Aearing: First Reading: Sec..rond Reading. . Pt�lish: 2/?!23/7 � � � �� � � CITY OF FRIOLEY PLANNIN6 COMMISSION MEETING. FEBRUARY 9. 1983 s CALL TO ORDER: Chairwoman Schnabel called the February 9. 1983. Planning Conmission meeting to order at 7:36 p.m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist. Ms. Gabel� Mr. Saba Members Absent: Mr. Svanda, Mr. Kondrick, Mr. Goodspeed Others Present: 8i11 Deblon. Associate Planner Jerrold Boar�nan� City Planner Dennis Schneider, Councilman APPROVAL OF DECEMBER 22, 1982, PLANNING COMMISSION MINUTES: MOTION BY MR. SABA, SECONDED BY lNS. GABEL, TO APPROVE THE DEC. ?2� 1982� PLANNING COMMISSION MINUTES WITH TXE FOLLOWING CORRECTZON: PAGE 6, PARAGRAPX 3, Sth LINE: CXANGE "STORE" R�O"STORY". UPON A VDICE VOTE, ALL VOTING AYE, CXAIRf�!(AN SCXNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. 1. RECEI_VE DECEMBER 9, 1982, HOUSING b REDEVELOPMENT AUTHORITY MINUTES: P10TION BY PlR. OQUIST, SECONDED BY AIS. 6ASEL, TO RECEIYE TXE DEC. 9, 1982, HOUSING i REDEVEIAPPlENT AUTHORITY NINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCNNABEL DECLARED THE MOTIDN CARRIED UNANIPIOUSLY. 2. RECEIVE JANUARY 6, 1983, COMMUNITY DEVELOPMENT COMMISSION/HUMAN RESOURCES COMMISSION JOINT MEETING MINUTES: NOTION EY BR. OQUIST, SECONDED BY XR. SABA, TD RECEZVE THE JAN. 6� 1983� CQFINUNITY DEVELOPMENT CO/NMISSION/HUMAN RESOURCES CQMMISSIQN JOINT MEETING MINUTES. DPQN 1l VOICE VOTE, ALL VOTING AYE, CXAIItW01►!AN St�iNABEL DECLARED THE PIOTION GRRIED UNANIPIOUSLY. 9R PLANNING CONMISSI4N MEETING. FEBRUARY 9_. 1983 PAGE 2 3. RECEIVE JhYURRY 10 1983 SPECIAL PARKS b RECREATION CON�IISSION MEETING INUTES: . � MOTION BY J�lR. SABA, SECONLIED BY 1�fR. OQUIST, TD RECEIVE THE J11N. 10� 2983, SPECZAL PARKS i RECREATIDN COMMISSION AIEETING MINUTES. UPDN A VOICB VOTF.� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PJOTIDN GLRRIED 11NANIMOUSLY. 4. RECEIVE JANUARY 18, 1983, APPEALS COt�1ISSI0N MINUTES: MOTIDN BY 1�JS. GABEL, SECON�D BY I�1R. OQUIST� TO RECENE TXE JAN. 16, I9B3, APPEALS COMMISSION JNINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CifAI3tWOMAN SCHNABEL DECLARED TIiE MOTIDN CARRIED UNANIMOUSLY. 5. RECEIVE JANUARY 24, 1983� PARKS & RECREATION COMMISSION MINUTES: I�IOTIDN BY 1�15. GABEL, SECONDED BY J�t. SABA� TD RECENE THE JANUARY 20, 19B3, PARKS 6 RECREATZON C10MMISSION PlZNUTES. UPQN A VOICE VOTE, ALL VOTZNG AYE� Cf1AIRb►OMAN SCfINABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated that on page 4, the Parks 3 Recreation Commission had made a motion to recommend to City Council that the 1983 Diseased Tree Program be repealed, but to continue to provide a tree inspector who would be on call for inspections and to have a public relations program to encourage voluntary participation in the removal of diseased trees and the replanting of those trees. Mr. Deblon stated this item was on the Feb. 7 City Council agenda but was tabled in order to get Planning Commission input. Ms. Schnabel stated she has heard some criticism that the city tree inspector is not well enough educated in this field. A lot of mistakes have been made and non- diseased trees have been cut down. She felt they should be very careful that the person in charge of this program has a lot of education and training in forestry. Maybe there is someone who would be available on an as-needed basis who is fully educated. She was not so sure tha� person should be from the Parks & Recreation Department. She would like to see some money budgeted for hiring someone outside city staff to do the inspecting when calls or complaints are registered at City Hall. Mr. Saba stated he agreed with Dick Young's philosophy in that he would rather see the money spent in some other areas such as reforestation. Mr. Saba stated that would probably benefit the City more than in hiring someone to inspect the old trees. New trees can be planted that are res�stent to disease. He also felt the City really needed more trees, especially along the parkways. . � PLANNING COMMISSION MEETING, FEBRUARY 9, 1983 PAGE 3 Mr. Oquist agreed. He stated that when leaves are dying and falling off.a tree in the sunmertime, the homeowner could almost do his own inspection and have the tree t�ken down. It did not really seem necessary to have someone come out to just reaffirm that the tree is dying. MOTION BY KR. SABA� SECONDED BY lyR. OpUIST� TD G�ONCUR WITX THE PARKS 6 RECREATION G�DMMISSION AND TO RECOMMEND TO CITY COUNCIL TIIAT THE 1983 DISEASED TREE PROGRAM BE REPEALED, BUT TD C1�NTINUE TO PROVIDE A TREE ZNSPECTOR Wf10 WOULD BE ON CALL FOR INSPECTIONS AND TO HAVE A PUBLIC RELATIDNS PROGRAM 2�0 ENCOURAGE VOLUNTARY PARTICI- PATION IN TXE REMOVAL OF DZSEASED TREES AND TNE REPLANTING OF THOSE TREES. UPON A VOZCE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABBL DECLARED THE MOTION CARRIED UNANINOUSLY. 6. RECEIVE JAKUARY 25, 1983, ENERGY COMMISSION MINUTES• J�lOTION BY J►tlt. SARA, SECONDED BY I�JS. GABEL� Tb RECEIVB THE JAN. 25� 1983, ENERGY COMMISSIDN MINLrTES. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRWOKAN SCKNABEL DECLARED THE PJOTIDN CARRIED UNANIPlOUSLY. 7. RECEIVE MI��UTES OF A SPECIAL JOINT MEETING OF THE HUMAN RESOURCES COMMISSION/ UNI Y E E P N ISS , MOTION BY MR. OQUIST� SECONDED BY MR. SABA� TD RECENE THE �1INUTES OF A SPECIAL JDINT MEETING OF TXE XUNAN RESOi/RCES COl�1MISSIONjCG1MMUNITY DEVELOPMENT COMMISSZON ON JAN. 27, 1983. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWI�M�iN SCXNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. Mr. Oquist stated that at this meeting, the Human Resources Comnission and the Co�nunity Development Comnission made three motions recommending projects to the City Coim cil for CDBG funds. They had reCOrtmended that �10.000 from the remaining 1982 CDBG funds (a111,322) be allocated to The Alexandra House, �30,000 be allo- cated to AcquisitionlRelocation Center City Project, and s71�322 be allocated to Rehab-Handicap Retrofit Weatherization. They had also made a motion recomnending eight projects for 1983 CDBG funds. lUOTION BY NR. Oj1UZST, SECONDED BY I�S. GABEL� T�O CONCUR iVITB THE XUMAN RESOURCES CAMMISSION/COMMUNITY DEVELOPMENT CD1�lMISSION AND RECOJYMEND TO THE CITY COUNCIL TXAT 510,000 OUT OF TXE 1982 CDBG FUNDS BE ALLOCATED TO THE ALEXANDRA i10USE. DPOlV A VOICE VOTE, ALL VOTING AYE, CXASRWDI�IAlV SCXNABEL DECLARED TBE XOTION CARRIED UNANIaIOUSLY. Ms. Gabel asked how they justify CDBG monies going into the Center City Project. Mr. Deblon stated it was being used to remove blight and blighted conditions which was one of the criteria HUD requires for CDBG funding. k, : PLANNING COMMISSION MEETING, FEBRUARY 9 1983 PAGE 4 Ms. Schnabel stated it was her understanding that the HRA was a total entity in the City; it funds itself. and she felt if the HRA cannot afford to do its own a4Quisition, then the NRA should not be doing it. t Mr. Saba stated he had the same question, and maybe some of these projects shouldn't be done. Mr. Oquist stated this conversation was really irrelevant as he had just found out at this meeting that the City Council had already taken an action on the $30,000 at their last meeting. Ms. Gabel stated that did not preclude the Planning Commission from making comments pn what they think about this. She stated she was very perturbed when these oppor- tunities are presented to them after the fact. What is the Planning Comnission doing here anyway? It is ridiculous for the Planning Commission to get this informa- tion and sit here wasting their time when this has already gone to the City Council and the City Council has already approved it. Ms. Schnabel stated that in reading the Jan. 27th Human Resources Comnission/ Community Development Commission minutes, she wondered what the criteria was for CDBG funding. She wanted to know why that allocation was made to the Center City Project, because she truthfully felt that was an HRA project and that the HRA should be generating funds solely on their own and HUD monies should not be used for that when they can be used for another project that has no funding at all. She was even more upset after reading that the City Council had already acted on this allocation at their Jan. 24th meeting. Why did the Community Developmen� Comnission and the Human Resources Conmission go through the exercise of recommend- ing when the City Council had already passed a resolution and acted upon it? Ms. Gabel stated she thought someone from the City Council should respond to the Planning Comnission on why this had taken place. Ms. Schnabel stated this is not the first time this type of thing has happened. It has happened, not only to the Planning Carmission, but to other comnissions. NOTION BY AIR. SABA, SECONDED BY MS. ('sABEL� TAAT BECAUSE TNE PLANNING COMMISSION MEMBERS DO NOT UNDERSTAND TXE REASONS BEXIND ALLOCATING $30�000 OF THE 198Z CDBG FUNDS FOR PROJBCT 1�ACQUISITION/RELOCATION ZN THE CENTER CITY PR0.7ECT� THE PLANNING COMMISSION DOES NOT CONCUR WITX TXIS RECOMMENL�ATION PIADE BY THE XUbtAN RESOURCES COMMISSION AND COlH�lUNITY DEVELOPI7ENT CQMMISSION QN JAN. ?7� 1983. UPGW A VDICB VOTE� JiILLL VOTING AYE� CHAIRWOPIAN B(�INABPL DECLARED TXE MOTION CARRIED !llNANINOUSLY. 111�170N B1' J�lS. GABEL, SECONDED BY XR. SABA, TO COAICUR WITi! TllE RSG'�MMENDATION BY T�IE $UAlAN RESOURCES CQMMISSIOtI/COXJ�lU1VITY �VELOpyENT C0IHJNISSZON 410 ALLOCATE S7I�322 TO PROJECT 2, REXABILITATION—AANDICAP RETROFIT iJEATXERI21lT70N. UPON A VOICE VOTE, 11LL VOTZNG AYE, CHAIRWOMAN SCXNABEL DBCLARED THE MOTION CARRIED UNANIlIOUSLY. 9D PLANNING COMMISSION MEETING. FEBRUARY 9 1983 PAGE 5 Mr. Schneider and Mr. Boardman arrived at the meeting. Mr,. Oquist asked Mr. Baardman to state the criteria for CDBG fund�ng. Mr. Boardman stated there are three criteria: (1) must benefit low and moderate income persons (50�); (2) removal of slun and blight; (3) emergency funding. Ms. Schnabel stated the Planning Comnission had made a motion stating they did not concur with the use of CDBG monies for acquisition/relocation in the Center City Project. She stated the Planning Cortmission was unhappy when they discovered at this meeting that the City Council had taken an action on the �30,000 before the joint Numan Resources Comnission/Conmunity Development Comnission meeting on Jan. 27� and those comnissioners were not notified of that action. Mr. Boardman stated the comnissioners were notified of the City Council action at that meeting. There was a111,322 left from CDBG funds. In a discussion with the Comnunity Development Comnission in December, he had told the Comnission that money could be allocated by the City Council for another project. Tfiey had talked about whether the Corrmunity Development Corrmission would have a chance to voice an opinion on the 1982 monies. Mr. Boardman stated that at that time, he had said he wasn't sure if the City Council would do that or not and that the City Council could allocate that money since it has to be allocated and spent by the end of June. Mr. Boardman stated that at the Jan. 6, 1983, joint Hunan Resources Comnission/ Gomnunity Oevelopment Comnission meeting, he had brought up the point that there was �30,000 that was going to be allocated by the City Council to the HRA� and that was a disc�rssion between the City Council and the HRA. The HRA had requested assistance from the City Council for the Center City plaza area (modification to the Firemen's parking lot and some items within the plaza such as signage). Mr. Oquist stated the commissions did discuss the possibility of the �30.000 being used in the Center City Project, but what Ms. Schnabel was saying was that at the 3an. 27th meeting, this money had already been allocated by the City Council. Mr. Boardman stated he had told the corrmissioners that the :30.000 had already been allocated and that was why he put that in as an item to show the monies had been allocated. He had told the cortmissioners there was 581�000 left (out of the 5111,000) and did the cortmissioners want to have a voice in that allocation. The commissioners had responded that they did want a voice in that allocation. Mr. Boardman stated the cation of 1983 monies. City Council. thing the commissions were really working on was the allo- The allocation of 1983 CDBG monies has not been to the Ms. Schnabel stated the over-riding philosophical question that has triggered this toncern is that the Planning Comnission does not know why the City Council is spending CDBG monies on an HRA project. Why doesn't the HRA generate the money within its own project? 9E PLANNING COMMISSION MEETING, FE6RUARY 9. 1983 PAGE 6 Mr. Boardman stated the HRA and the City made a compromise on the use of those funds. The HRI� had requested some assistance from the City, whether it came from CDBG funds or directly from the City. It was �ot a question of whether the HRA could handle the financial part of it themselves. When the HRA gets involved in development, it gets involved with either private or public developers. The HRA is doing the plaza for the City of Fridley. That plaza is being developed on City of Fridley property. Since the HRA is developing a plaza for the City of Fridley in the interest of the City of Fridley, the HRA felt maybe there should be some assistance from the City for some of the items within the project that are directly related to the City of Fridley. The actual monies the City Council gave to the HRA was for the Firemen's parking lot and for signage and other items that relate directly to city activity that will be happening in the plaza. Mr. Boardman stated the City could have used the CDBG monies for the development of the plaza; but by putting HUD monies into the plaza� the cost would probably have increased about s40-50,000 by following the Davis Bacon Act. Instead of doing that, they had an agreement with the City Council that the money would go toward the acquisition and relocation in which they would not have to follow the Davis Bacon Act. It would not increase the cost to the HRA; however, it would still benefit the HRA, and the HRA would get that benefit in doing the Firemen's parking lot and the items in the plaza directly related to city activity. They can use COBG monies because it fulfills the criteria of being used to remove sl�n and blight. Mr. Schneider stated it wasn't a question of whether the HRA was financially able to do the projett. Since the project was benefitting the City as well as the HRA, the City Council had to decide if it was worth contributing s30,000 from the City. Mr. Boar�nan stated that if the City Council had wanted to, they could take the whole 1982 and 1983 CDBG monies and put them into the Center City Project� because it is an eligible project. Mr. Oquist stated that at the Jan. 27th meeting, he did not recall the comnission members being aware that the $30,000 had already deen nllocated. If Mr. Boardman had told them that, then he apalogized for that lack of co�m�unication. Mr. Saba stated the Planning Comnission had disagreed with the Cortxnunity Development Commission/Human Resources Cortmission's motion on Jan. 27th because of the lack of understanding about CDBG monies and the comnunication problem. Ne had expressed the same concerns as the other Planning Comnission members, and would not have made that motion had he known what he knows now. He would recomnend the Plannin Conmission concur with the Human Resources Commiss on Communit eve o ment �ssion s recommendation t at t e 30 use or t e at u sition re ocation n t e Center Citv ro_iect. ase on t e e4 t macv o r. oar man s exp anation are and why the money was atioca Ms. Schnabel stated that regarding the 1983 COBG projects recanmended by the two comnissions, she also agreed with the concept of low interest loans. 9F PLANNING COMMISSION MEETING. FEBRUARY 9 1983 PAGE 1 M�OT'ION BY MR. pQUIST, SECONL�ED BY 1�II2. SAB,�q, Tp CqNCiJR b►ITH T8E lfUJ�lAN RESp,�RCES CAMMISSIQN/COMMUNITY DEVELOPMENT CGIPIMISSIDN'S AJOTIDN 41D RB(�M1�lEND TO CITY COUNCIL T�iE FOt.LOWING PRQ7ECTS FOR 1983 CDBG FUNDS (NOT PRIQRITIZED) s � - TRAFFIC STUDY P10pRE I,AKE — DRAINACE STUDY NORTN AREA — PUBLIC FACILITIES BARRIER RE1yDVAL — XUXAN BERVICES/PUBLIC FUNDING REQUESTS — SENIOR HOUSING ROLL—OVER STUDY � — LOW INTEREST LOANS FOR BARRIER RElyOVAL — pRIORITIZED GROUPINGS � LOW INTEREST LOANS FOR COMlNERCIAL REXAB — REDEYELOPI►�NT AREAS — ECONOMIC DEVEI,ppMENT S2'UDY� PilA.SE IIZ, CENTER CITY AIARKET ,�WALYSIS UPON A VOICE VOTE, ALL VOTING AYE� CXAIRWOMAIV SCXNABEL DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 8. OTHER BUSINESS: Ms. Schnabel stated that at the Dec. 22 Planning Comnission meeting, the Planning Commission members had felt perhaps something should be done with the way the comnissions are operating at this time. She stated she did call Mayor Nee and talked to him about it, she had also discussed this with Mr. Qureshi� the City Manager, and Mr. Flora� Public Works Director. The information she had received was that there is a plan to restructure the Planning Commission and its operating procedures. The thinking is to possibly combine the Energy Cortanission and the Environmental Quaiity Car�nission. The people who are members of the comnissions at the present time will be encouraged to stay and continue their terms. Mr. Qureshi strongly emphasized that at no time would anyone be asked to step aside and that the City wants input from all those who are interested in continuing, However, as terms expire, the size of the commissions may be reduced. Ms. Schnabel stated there has been no actual decision on Nhat to do about the Community Development Comnission. They are thinking possibly some type of task force could be established,but the chairperson would sti]1 remain on the Planning Commission. There is the possibility of creating a non-profit corporation, and the Corrmunity Development Comnission could possibly become that group. Ms. Schnabel stated she had talked ta Mr. Flora about the Community Development Comnission's feeling that they are so global in scope and they felt somewhat reluctant to get into other areas, because they did not want to enfringe upon other commissions' areas. Mr. Flora thought that was not such a bad feature. He suggested that, for example, right now perhaps both the Community Development Cortmission and the Environmental Quality Comnission should be discussing hazardous rvaste because of the propasal for such a facility in Fridley. The Conmunity Development Commission's perspective could be: Mhat happens to the businesses that might be considering locating in Fridley? If a hazardous waste facility is located in Fridley, does that diminish Fridley's attractiveness to new business? The other side would be the community's awareness in terms of receiving feelings 9G PLANNING COMMISSION MEETING, FEBRUARY 9. 1983 PAGE 8 - or inforn�ation from the comnunity at large. Right now, there is no vehicle to receive that type of information. Maybe the Conmunity Development Cortmission co,uld hold public hearings so the public becomes aware of what is�being proposed and get input from the public. These are all areas in which the Camwnity Development Comnission could still operate as a v�able comnission. Mr. Oquist stated the concern he had regarding the camnission members meeting only when there is a specific issue or project was that if there is a time lapse between discussions, he did not see how they could keep the commission members together and interested. Mr. Boardman stated if they are going to have a reacting comnission, it should be set up as a project committee on a project-by-project basis. In other words, they get people involved who are interested in a certain issue at the time the issues comes up. With the commissions. they have tried to set up more of a pro-action comnission� like the Environmental Quality Commission, Energy Comnission� Human Resources Comnission, and Community Development Commission� where they are generating ideas, following through on the ideas, and recommending to Planning Commission and City Council. The Planning Comnission is a reaction cortmission in the sense that they react on specific issues. If it is the intent to set up a commission process to react to projects and issues that come from the Planning Commission and the City Council, then maybe they should look at the elimination of that canmission and set it up as a project committee to look at specific items. Mr. Schneider stated he and Mr. Hamernik share the concern that by combining the Energy and Environmental Quality Commissions and eliminating the Community Develop- ment Comnission, that eliminated ten citizens from the Planning Comnission process and left only five members on the Planning Commission. Mr. Hamernik felt very strongly that "comnunity development" was an important aspect of the City and there should be input to the Planning Commission in that �rea. Mr. Schneider stated that perhaps there should be some redirection of the carmission. One idea he had was to have some type of coordinating body for vo]unteer functions in the City. The idea of a com�nunity developrnent corporation was brought up. He stated there seems to be a need for the City to be more in touch with the business people and neighboring comnunities to make them aware of what is happening in the City of Fridley. He stated there were many ideas expressed at the City Council conference meeting on Jan. 31, but no decision was made� other than not doing away with the Comnunity Development Comnission entirely but to change the role, either through a task force or cumnittee or restructuring the commission. Mr. Oquist stated that in his discussions with Mr. Hamernik� he agreed that maybe they don't have to eliminate the caRnission� but it definitely has to be redefined. He felt comnunity development has been downplayed considerably just because it is so global. He stated he felt the City Council is rea]ly going to have to do some thinking about this and decide what they really want to see this commission doing. Mr. Boar�nan stated he would caution them about setting up a commission and then trying to find things f.or that commission to do. If they want to maintain a comnission, the whole idea behind the commission process in the first place was to have a pro-active type of conmission, rather than a reactive type of comnission. That was the reason the work plan process was set up--to be an idea-generating process by the conmissioners. The City Councit is �ot going to get the study or 9� PLANNING COMMISSION MEETING� FEBRUARY 9. 1983 PAGE 9 the information they need to make a decision on a specific project by sending it to an established comnission� because the people involved in that comnission may not be at all interested in that issue and a�e not going to give !he City Council the reaction needed. Mr. Schneider stated he agreed with Mr. Oquist--that at least some general direction will have to be given to the Community Development Comnission. Ms. Schnabel stated she was a little bit concerned about the combining of the Energy Commission and Environmental Quality Conmission. She would urge the City Council to move very carefully when they make that decision. Mr, boar�nan stated he did not feel it would hurt, because there are environmental issues that are also energy issues. He thought the combination of the two commissions into one commission would be a good marriage. Mr. Saba stated the problem with combining the two conmissions is the expertise. The expertise in the environmental field such as well pollution, traffic pollution, noise pollution, etc., are not similar issues, and there could be some problems in working together. In energy, they want people who are knowledgeable and excited about energy issues and who want to work in that area. Mr. Schneider stated he, too, was a little uncomfortable with combining the two comnissions. The Energy Commission is a very pro-active commission� whereas the Environmental Quality Conmission seems to be a staff-dominated commission. With all the environmental issues th�t are happening right now, he would expect to be getting calls from every one of the EQC members to find out what is going on� and to be taking some actions� setting up meetings. etc. Mr. Boardman stated Staff is trying to get out of the business of creating business for commissions. Staff will help as much as possible to carry out the ideas already generated by the conmissions. The work has to be generated by the comnissions. If it isn't, then the carmission process has to be rethought, and it has to be done right now. That is why the work plan process is so important, because the ideas being generated by the carmission members are things the comnission members are interested in doing. Mr. Oquist stated he agreed with Mr. Saba that there are two different kinds of expertise involved with energy and environmental issues. Those are two commissions that really require their own expertise. Mr. Saba stated there are times when it would be very advantageous for the two commissions to meet jointly, but in terms of hazardous waste, noise pollution. Nater pollution, and traffic pollution, those are not energy-re]ated issues. NOTSQN 8Y PIR. OQi7IST, SECONDED BY 1�lR. SABA� TXAT BECAUSE OF SilE DISPARITY BETWEEN TJlE ENERGY COMMISSION AND TNE ENVIRONMENTAL QiIALITY COPUlZSSIOJV S1V TERINS OF SUCH ISSUES AS WATER POLLUTION, XAZARD�US WASTE DISPDSAL, NOISE POLLUTION, AND TRAFFIC FOLLUTION, TXE PLANNING G�OMMISSION RECOMMENAS TO T1� CITY COUNCIL THAT THE ENERGY G�OMMISSION AND ENVIRONMENTAL QUALITY CQMlKISSIOlV NOT BE CONBINED. UPGW A VOICE VO:"E, ALL VOTING AYE� CHAIRWOMAN SCBXABEL DECLARED THE 1NOTZON CARRIED [JNANZMOtISLY. PLANNING COMMISSION MEETING, FEBRUARY 9 L1983 PAGE 10 ADJOURNMENT• e MOTIdV BY IUR. SABA, SECQNDED BY PJS. GABEL, TO ADJOURN TXE JI�ETING. UPON A YOICE YOTE, ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED THE FEERUJIRY 9� 19B3, PLANNING G�NIJ�IISSION PIEETING AA70URNED AT Il: DO P.1�l. Respectfully submitted, . y Saba Recording Secretary 9I 9J HUMAN RESOURCES COMMISSION/COhMUNITY DEYELOPMENT COMMISSION JOINT MEETING - PAGE 3 JAWUARY 21_, 1983 Mr. Boergerhoff stated if he received the approval and support of the Comnunity Development Comnission and the Human Resources Commissian� he would be willing to npproach the other comnunities with a proposal that they set aside a certain percentage of money to match the other communities for the purpose of exploring any improvements in the availability of accessible transportation services. He did not mean the County should actually own or operate such a service, but provide an environment where a compromise could be worked out with the private,service providers in place now that would encourage them to expand their services to meet the needs there are in the County for transportation. He thought this would have to start with a study, and he did not feel it would be too expensive ta do that study. If this is not feasible for this year, they could possibly set the stage for 1984. Mr. Boardman stated a para-transit study was done in this area by the State Trans- portation Dept, in the late 1970's. It was determined there was a need and the para-transit system was the solution, but the cost of that para-transit system ` (95% from the State ►�ith a 5� match from the city) was such that the City was con- cerned about the maintenance of that system after the State started drawing their money out and it became the responsibility of the city. So, Fridley did not go into the program, Mr. Boar�nan stated he was suggesting that there is already a study, and maybe the City does not need to spend any money to repeat the study but should start looking into wha� they should do to actively start getting transportation. Maybe the money should be put into a fund of some type that draws an interest of some kind and subsidizes local transportation services. It was something to think about. Mr. Treuenfels stated that as long as Mr, Boergerhoff was willing and enthusiastic about approaching the other comnunities, he should be given permission to contact other comnunities and discuss alternative transit with them. MOTION 9Y MR. TREUENFELS� SECONDED BY /7R. GABEL� THAT TXE HUMAN RESOURCES COMMISSION AND COMMUNITY DEVELOPMENT COMMISSION JDINTLY APPROVE P!R'. BDERGERHOFF'S REQUE3T TO CbNTACT OTHER CITIES R1� DISCUSS ALTERNATIVE TRANSIT. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRPERSON GOOASPEED DECLARED THE 1HOTIDN CARRIED UNANIMOUSLY. Mr, Soardman stated �that at this meeting, he would like the comnissions to recomnend projects for CDBG funds for submission to the City Council through the Planning Commission. PfOTION BY PlR. GABEL, SECONDED BY MS. VAN DAN, 2�0 RECOlNMEND T�O CITY COUNCIL, TXROUGH PLANNING GOMMISSION, THAT $Z0,000 OUT OF TNE I982 CDBG FUNAS ($111,322) BE ALLOCATED TO THE ALEXANI]RA HCXJSE. UPOlN A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED TXE 1NOTION CARRIED UNANIMOUSLY. 9k HUMAN RESOURCES COMMISSION/COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING - PAGE 4 JAP�UARY 27, 1983 1UOTION BY MS. FASSETT, SECONDED BY MR. GABEL, 210 RECOMMEND TO CITY COUNCIL, TXROUGH PLANNING COl�lMISSION THAT DUT OF TXE 1982 CDBG FUNAS ($1I1�322) $30,000 BE ALLOCATED TO PROJ. 1— AG�iIISITION/RELOCATION CENTER CITY PROJECT� AND $7Z,322 8E ALIACATED TO PROJ. 2— REHABILITATION — IIANDICAP RETROFIT WEATXERIZATION. UPON A VDICE VOTE� ALL VOTING AYE, CHASRPERSON OQUIST DECLARED TNE MOTION CARRIED UNANIIMOUSLY. Dr. Vos stated he felt the public facilities barrier removal for the FY 1983 CDBG funds, He was very much in favor of low barrier removal and low interest loans for comnercial rehab. of loans rather than grants, Ms. van Dan stated she also liked the loan concept. was very important interest loans for He liked the idea 1HOTION BY DR. VOS, SECONDED BY MR. GOOASPEED, TO RECOMMEND TO CITY COUNCIL, THROUGH PLANNING COMMISSION, THE FOLLOWING PROJECTS FOR 1983 CDBG FUNAS (NOs" PRIORITIZED): — TRAFFIC STUDY !►IOORE LAKE — DRAINAGE STUDY NORTH AREA — PUBLIC FACILITIES BARRIER REMOVAL — HUMAN SERVICES/PUBLIC FUNDING RE(�UESTS — SENIDR HOJSING ROLL—OVER STUDY — LOW INTEREST LOANS FOR BARRIER REMOVAL — PRIORITIZED GROUPINGS — IAW INTEREST LOANS FOR COMMERCIAL REXAB — REDEVEIAPMENT AREAS — ECONOMIC DEVELOPMENT STUDY PHASE III CENTER CITY MARKET ANALYSIS UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED TNE MOTION CARRIED UNANIMOUSLY. AOJOURNMENT: MOTION BY MS. VAN DAN, SECONDED BY 1NR. CABEL,.TO ADJOURN TXE MEETING. UPON R VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GOODSPBED DECLAR£D THE JANUARY 27, 1983, XUMAN RESIXJRCES COMMISSION/COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING ADJOUNRED AT 9:15 P.M. Res ectfully submiyted, �t�-yt...<. `� �_ : ' " _ ynn Sa a Recording Secretary ��Y,► e• OIRECTORATE OF pue��c woRKs OATE February 10, 1983 f ROM O.P,W. Jerrol d Boardman - P1 ann i n SUBJECT CDBG Project Approval by the City Council Memo No. 83-03 TO John Flora Nasim Qureshi 9L MEMOF�ANDUM ACTION INFO• X X At the Conference Meeting on January 31, 1983, the list of CDBG projects recommended by a joint Community Development CommissionJHuman Resources Comnission meeting was discussed by the City Council so we could get further input and direction prior to final submission to the City Council on February 28, 1983. The Council requested further information on the numbers and types of projects that were considered prior to review of eligibility and submission to the Co�nissions for discussion. I am attaching our preliminary list from Department Heads prior to screening under the HIfD regulations. It is critical in review of all projects to look at two basic criteria what all projects must meet; 1. Compliance with primary ob�ectives -"the development of viable urban comnunities, ' able living environment, and expanding _ economic oppox�tunity, principally for persons of low and moderate income." This means the accomplishment of any of the following: a. rincipally benefit low and moderate income families - defined by HUD as 50� of the project. b. the prevention or elimination of slums or blighting conditions. c. those projects required to remove immediate threat to health or welfare of the comnunity where other resources are not available. Each City must ensure and maintain evidence that each of its activities meet these objectives. 2. Co�liance with Environmental Review Procedures as required by HUO. With this in mind we revie+ved the list submitted by Department Neads to eliminate those projects that would be ineligible under the criteria. This list was than submitted to the CDC/HRC Commissions on January 6, 1983 for input and discussion. This was further refined at their joint meeting on January 27, 1983 before it was given to the City Council on January 31, 1983. Project submissions to Anoka County are due in on March l, 1983, so it will be very important to start working on the refinement of each project so that we can detail costs and complete each project application. JLBlde 9M DEPARTMENT HEAD PROJECT LIST BASED ON REGULATIONS CIRCULATEO DECEMBER 6, 1982 pro�ect Comment 1. Curb Side waste separation 1. talked to County - say its not eligible due to 50% rule on benefit - St. Louis Park did�sim.ilar project and based it on tow-income employment - would have to show that this would increase employment oppor- tunities to low-and-moderate income 2. Garage Mnex 3. Truck Equipment Shed * 4. Traffic Study - Center City * 5. Traffic Study - Moore Lake 6. Locke Lake Study - Environmental * 7. 2. Not eligible - no benefit shown 3. Not eligible - no benefit shown A. Eligible under 507.205 (a) 3 meets elimination of blighting conditions 5. Eligible under 507.205 (a) 3 meets elimination of blighting conditions 6. Not eligible - no benefit shown Riverview Heights - Floodway Acquisition 7. Eligible under 570.201 (a and d) meets elimination of blight - by code * 8. Handicap Accessibility to City Facilities8. Eligible under 570.201 (k) -meets principall. * 9. * 10. benefit to low-and-moderate income Center City Plaza Assistance 9. Eligible under 570.201 (c) meets elimination of blighting conditions Reuse of Old Schoal Buildings 10. Eligible under 570.202 (e) - provided a) Center for Seniors reuse benefits low-and-moderate income b) Housing for �lderly c) 50X low & moderate income family housing d) Service Center for Social Programs 11. Reroof/Insulate Civic Center 12. SORT Expansion b Improvement * 13. Land Acquistion - Moore Lake Elderly Proj ect * 14. Land Acquisiton - Center City * 15. Land Acquisition - North Area * 16. Fire Hall Relocation 11. Not eligible - elimination of blight would be difficult to justify. 12. Not eligible - no benefit shown 13. Eligible under 570.201 (a) - meets both elimination of blight and principal benefit to low and moderate income 14. Same as (13) 15. Same aj (13) 16. Eligible under 570.201 (c)(ii) meets elimination of blighting conditions 0 9N Department Head Proiect List Based on Reaulations Circulated December 6, 1982 Page 2 Pro'ect 17. Nature Center Pond Development 18. Spring Clean-up Project * 19. Housing Rehab - low b moderate * 20. Single family handicap retrofit Cortment 17. Not eligible - no benefit shown 18. Not eligible - No benefit shown 19. Eligible under 570.202 (b) - principally benefit low-and-moderate income 20. Eligible - Same as (19) * 21. Weatherization - low-and-moderate income2l. Eligible under 570.202 (b) (4) - principal� I benefit low-and-moderate income * 22. * 23. North District Drainage Study Senior Citizen Roll Over Housing 22. Eligible under 507.205 (a) (3) Elimination of blighting conditions 23. Eligible under 507.205 (a) (3) - principall I benefit low-and-moderate income * 24. Low interest loan barrier removal 24. Eligible under 910.201 (k) - principally benefit low-and-moderate income * 25. Low interest loanS for rental rehab 25. Eligible under 570.202(a)(i)-principally in conj unction with Metro Council- benefit low-and-moderate income MHFA (base on rent stuctures) * 26. Economic DevelopmeAt Study for Phase III26. Eligible under 570.205 (a) Center City Elimination of blighting conditions * 27. Race Track Development 27. Eligible under 570.203 - benefit low- (Being suggested by Blaine with support and moderate income in the form of jobs of Moka County) * 28. Local Development Corporation/Small 28. Eligible under 270.203 - Principally Business Loan Program benefits low-and-moderate income through job creation * 29. Alexandra House Rehab -(Application 29. Eligible under 210.202 - Benefit low-and- received) Blaine, Columbia Heights, moderate income plus emergency shelter for Coon Rapids, Lexington/Circle Pines - conditions which pose irtmediate threat to allocated funds health. ?* 30. Riverview Heights Reinvestment Study 30. Possible Eligible under 270.205 (a) Not clear as yet if 1ow-and-moderate benefi� is there - othenvise Council would have to determine area as blighting conditions due to flood plain effects * 31. Disease Tree removal - only for persons 31. Eligible under 570.202 (c) of low-and-moderate income benefit low-and-moderate income Department Head Pro� ect List Based on Requlations Circulated December 6, 1982 �age 3 Pro ect * 32. Public Service funding - this section 32. is eligible but must meet the basic requirements under the regulations plus two additional conditions: �. 2. op Cortments Eligible under 570.201 (e)- Benefit shown to low-and-moderate income Best way to handle this may be through application and ranking system to ensure proaertv documentation of the rpoi,iramantc must be a new service; or must be a quantifiable increase in the level of service above which has been provided in the 12 calendar months prior to submission of the statement a. Received Request from Fridley (a) Seniors for Center Coordinator b. Other possible activities that have been considered 1. Park b Rec Bus Eligible activity - looks like it could qualify under new service or at least a substantial increase in what is provided by the City. 2. SACA, Central Center ACCHRB, other service that primarily serves low- and-moderate income 3. Energy Conservation Program- like House Doctor of some other service program - income directed 4. Crime Prevention Program 5. Employment/Education for business 6. Public Service Jobs for unemployed 1. must be an expansion of service and not a replacement for City funds - low-and-moderate benefit 2. Must be an expansion of service 3. must be an expansion of service 4. also must be income directed or target group such as elderly 5. Must be directed on handicap or other target group * Those projects eligible that was given to the coffinissions as potential projects Flf 1982 Funds (5111.322) FY 1983 Funds (5176.314� Projects Removed by Commission CITY OF FRIDLEY JANUARY 24. 1983 CDBG PROJECTS ... Acquisitio�/Relocation Center City Project ... Rehabilitation - Ha�dicap Retrofit ikatherization ... Alexandra House Fu�ds ... T�affic Study Moore Lake ... Drainage Study North Area ... Public Facilities Barrier Removal ... Human ServiceslPublic Fuading Requests ... Senior Housing Rollove� Study ... Low Interest Loans for Sarrier Removal - Priaritized 6roupings ... Low Interest Loans for Commercial Rehab. - Redeveloqnent Areas ... Economit Development Study �f+ase III Center City Market Analysis RESERVE FUNDS ... low Interest Loans foc Rental Rehab./Leverage Funds Mith Metro HRA/MnHFA ... Rehab.-Handicap Retrofit s30.000 T1,322 10,000 111 322 s �,000 7,000 15,000 17,631 7 , 000 40,000 40,000 15,000 27,683 s115,314 . • 10 City of Fridley CATY ADVISORY COMMISSION MEETING - TNURSQAY, JANUARY 13, 1983 PAGE 1 CAII TO ORDER: Chairman Weaver called the CATV Advisory Commission Meeting of January 13, 1983, to order at 7:30 p.m. ROLI CALL: Members Present: Members Absent: Burt Weaver, Barbara Hughes, Duane Peterson, Ed Kaspszak Harol d 6el gum Others Present: Clyde Moravetz, City of Fridley Mary Gei s, Storer Cable Mary Adams, Storer Cab1e Will Loew-Bloesser, ACCW Anne Davis, MCCB APPROVAL OF MINUTES OF NOVEMtBER 9, 1982: Ms. Hughes said on page 6, after the Motion, it should read "At this time Ms. Hughes asked for a roll cali vote and everyone voted aye with Chairman Weaver voting." She also noted that under the approval of the minutes for October 7, 1982, the words "lock up" and "lock out" should be switched. MOTION by Ms. Hughes, seconded by Mr. Peterson, to approve the minutes as amended. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES OF NOVEMBER 18, 1982: MOTION 6y Mr. Peterson, seconded by Ms. Hughes, to approve the minutes as written. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRMAN WEAYER DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Mr. Moravetz said he would like discussion of the �10,697 by Storer to public access non-profit corporation/corporations for publit and/or educational access added to the agenda. He said he would like some recomnendations from the Commission to send to the City Council and the Council will mandate to Storer as to who and when is going to receive the money. MOTION by Ms. Hughes, seconded 6y Mr. Peterson, to add "Discussion Regarding Allo- cation of �10,697" to the 14genda and to adopt the Agenda as amended. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLAREO THE MOTION CARRIED UNANIMOUSLY. 10 A CATV Advisory Commission Meeting - January 13, 1983 Pave 2 ACCW 4th QUARTER REPORT: � Mr. Loew-Bloesse� satd since the report was filed, tfiey have finished the yea�- end statistics. He said that usage keeps going up which is substantiated by the figures handed out in t�e report and they are starting to reach the physical limits of the time and space that is availabte. Chairman Weaver noticed that the studio bookings did not take a nosedive through June-October. He asked if the "Yillies Banquet" Nas �ust for ACCW members. Mr. Loew-Bloesser said it was open to everyone and this was a fundraiser. Ms. Hughes asked if any of the pressure will be taken off the studio with the opening of access studios elsewhere. Mr. Loew-Blnesser said he thought Fridley will con- tinue to have a leadership position in this area even though the pressure may go down and he would expect the time usage to go down a little bit with more time being available for quality. He said they put locally-produced programs on three times a week and other programs twice a Neek. Mr. Peterson asked if they were planning to expand into the other cable territories of Anoka County. Mr. Loew-Bloesser said they have put out an invitation but have not received any response. MOiION by Ms. Hughes, seconded 6y Mr. Peterson, to receive the ACCW 4th Quarter Report. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. OPERATIONS REPORT FROM STORER; Ms. Geis gave an oral Operations Report and said that the Riverwood Apartments was delayed but they did get the wiring done and they do have active customers. Chairman Weaver asked about her memo dated December 7, 1982 and if they have not been grounding rods in tbe past. Ms. Geis said no but they have purchased 10 ft. grounding rods to use on t�e new installs and they are grounding in this weather or else using the utilities. She said it is Storer's policy now to use grounds. Chairman �eaver strongly emphasized grounding. Ms. Geis said they ha�e talked to KXLI management 6ut they don't have a definite decision for Fridley yet. She also said they are in the process of interviewing a technician to put on staff at an 11 p.m. to 8 a.m. s6ift. They have hired Cindy Metaxas to replace Mike Johnson and she has a new program starting Fe6ruary lst called "Strictly fridley." Ms. Geis asked about the dates for compliance tests. Mr. Moravetz said he didn't have a problem with the dates as long as they are 6 months apart. Mr. Kaspszak asked what the point was of testing whe� they are in the process of repairing. Chairman Weaver suggesting getting a benchmark test run just before the rebuilding and then test Nhen the section is rebuilt. Mr. Moravetz asked for a few days' notice 6efore the testing. Mr. Moravetz said they are in dire need of new equip- ment and Ms. Geis said they are in the process of getting prices. Chairman Weaver �sked for a list of the new equipment for the next meeting. MOTION by Mr. Peterson, secoaded by Mr. Kaspszak, to receive the Operations Report from Storer Cable. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 10 � _ CATV Advisory Commission Meetinq - Januar� 13, 1983 Paqe 3 Mr. Moravetz said he talked to Mr. Belgum who said fie could not make it to the meeting but that he would tike the Comnission members to distuss his ideas and his letter to Mr. Mueller. CHairman Weaver said they started on these ideas some time ago 6ut the Commission's time has been totally absorbed 6y the refranchising. Mr. Kaspszak felt this should be something undertaken by the company. Ms. Hughes satd the ACCW report shows that there is a lot going a�d they are reaching their physical limitations. Chairman Weaver asked wfiere the execution of these ideas really 6elongs. Mr. Loew-Bloesser said public access ideally represents the com- munity and they make it easier for themto produce their ow� program; if a group wants to use the facilities, it still has to provide the people and that all of these areas of interest should have somethin9 on tfie channel now. Mr. KaspSZak felt these areas that Mr, Belgum has listed were more of a news gathering nature and suggested that the company call a school of journalism and have their students come out a�d put tagether a ne�s gathering system for presentation on the channel; that it would be good experience and they could possibly set it up for credit. Ms. Nughes suggested contacting the business leaders in the conmunity for some sort of "orientation sessions." Ms. Adams said she could see this as a PR situation; so�nebody needs to approach the leaders in tf�e community in each of these categories and invite them to come in and tell them cable is there for them to use for pro- gramming. Mr. Peterson said maybe it would be possible to set up a regular pro- ' duction crew so if the Fridley Bank wanted to come in, the crew would be there. Mr. Loew-Bloesser said a lot of this is already happening and they have had repre- sentatives from all of the areas Mr. Belgum has listed to make programs, i.e. "In Focus" program which is feature-length stories and a program called "Press Release." He said they do fiave an internship program with Anoka-Ramsey and the students have assignments to contact 1-2 comnunity groups to do programs. Ms. Hughes said she would like to see a fridley 'gadfly' out and about. Mr. Kaspszak said he would like to see Mr. 8elgum, Ms. MetBxas and Mr. Loew-Bloesser get together, informally, to see how these concepts could be implemented and to resea�ch the U of M Journalism staff to find out if there are students available. Mr. Moravetz suggested Rob Penaloza to meet with them, also. At this time, Chairman Weaver appointed an Ad Hoc Committee of Mr. Loew-6loesser (Chairman), Rob P.enaloza_ Cindy Metaxas and Mr. Belgum to get together and have a 6rainstorming session to see how these concepts can be implemented and put tf�e Ad Hoc Community Programning Comnittee on the Agenda for the next Comnission meeting. Mr. Peterson felt they are not doing too badly in these areas and that ti�e education people have had a meeting with Mr. Loew-6loesser and tf►at seems to 6e moving in the right direction. Mr. Kaspszak said he would like to see Government Channel 30 have more input during times such as the recent storm and tbat something should 6e in place right now so the City Manager can activate it to get someti�ing on the atr and there could be more community service announcements suc6 as snowplowing. Mr. Maravetz felt that was a good suggestion 10 C CATV Advisory Commission Meeti�g - January 13, 1983 Page 4 DISCUSSION RE: ALLOCATION OF MIONIES FROM STORER: Mr. Kaspszak said he had difficulty altocating the money to ACChI without stipulating , it go to certain areas, t.e. tF�e worksf�op ioaking a special project in conjunction with the scfiool district; a program witf► the police department; community programming; he wants a clear understanding of where the money is to be used. Chairman Weaver asked if it would meet with his criteria if they were to solicit proposals from the areas Mr. Belgum listed and work with ACCW to get meaningful programs in those areas. Mr. Loew-Bloesser said he understood that the money from Storer was operating support for ACCW and that it was a one-time grant to cover any deficits or any additional operating costs tfiey may fiave. Mr. Kaspszak said, for example, he would be happy to recommend �2,000 be allocated so Mr. Loew-Bloesser could work with the school district for 20 hours a week. Ms. Nughes asked where they would put educational access and Ms. Geis said they have given the high school several different options in public access. Chairman Weaver said the City has indicated a strong desire that the money go directly from the company to the entity. Mr. Peterson said they are paying Mr. Loew-6loesser to work for the ACCW and he is being paid to teach at Anoka-Ramsey and he felt they should keep him at the workshop and not teach at Anoka-Ramsey. Mr. Loew-Bloesser said his contract with Anoka-Ramsey is a per-student reimbursement and that the profit margin is very narrow and if they weren't teachinq the 10-week course at Anoka-Ramsey, they would be teaching it at the workshop. Mr. Peterson felt he should do the job for us instead of Anoka-Ramsey. Mr. Kaspszak said an alternative would be to allocate all of the money to hiring a fulltime coordinator who would spend 100 percent of his time doing the things that Mr. Belgum listed and that the workshop programs are doing very little for the City and it is a traininq ground for people to learn Production. Ms. Hughes said that is what it is for; it should be what the people make it. Mr. Loew-Bloesser said it would be a substantial cut in public access in Fridley if the �10,697 is withheld. Ms. Hughes said she wanted to review the past minutes and see what was discussed and recommended and she was not sure that they should spend it•a11 at the same time. Chairman Weaver said thece were reasons why the ACCW was not specifically stated _ in the Agreement. Ms. Hughes said the workshop is one place, the proposals are another one and the schools are a possibility. Ms. Hughes asked about the agreement between the workshop and Anoka-Ramsey. Mr. Loew-8loesser said there were positive and negative benefits; they went to Anoka-Ramsey to develop more funding resources. Ms. Hughes said it was possibte that the Anoka-Ramsey agreement is not that negative. Chairman Weaver said the next CATV Advisory Commission meeting will be February 17, 1983 at 7:30 p.m. , ADJOURNMENT• MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE CATY ADVISORY COMMISSION MEETING OF JANUARY 13, 1983, ADJOURNED AT 9:34 P.M. Respectfully su6mitted, Deb Niznik Recording Secretary 11 City of Fridley CHARTER COMMISSION MEETING - THURSDAY JANUARY 20, 1983 PAGE 1 CALL TO ORQER• Chairman Ash called the Charter Commission meeting of January 20, 1983, to order at 7:30 p.m. ROLL CALL: Members Present: Clifford Ash, Ralph Stouffer, Walt Starwalt, Francis van Dan, Susan Jackson, Ro6ert Schmidt, David Pinks, Pat Kindom, Bruce Nelson, Larry Comners, Bo6 Pierce, Peter Treuenfels, Irene Maertens Members Absent: Robert Peterson, Jean Schell Others Present: Margaret Hendley, New Commission Member William Hunt, Administrative Assistant Nasim Qureshi, City Manager Bi1l,Nee, Mayor Ed Fitzpatrick, Councilman Dennis Schneider, Councilman Bob Barnette, Cou�cilman Sid Inman, City Clerk ADMINISTRATION OF OATH TO COMMISSION MEMBERS: Mr. Inman was present to administer the oath of office to the new Charter Commission member, Margaret Hendley, and to the other members who were reappointed, Bob Pierce, Peter Treuenfels and Sue Jackson. Mr, van Dan and Ireme Maertens were late to the meeting and will take their oath at a later date. APPROVAL OF MINUTES: Mr. Nelson made an amendment to the minutes of November 18, 1982, regarding the appointment of tf�e Nominating Cortmittee. He added that Mr, van Dan voTunteered and was appointed 6y tf�e Chair to tf�e Nominating Co�rnittee. MOTION by Mr. Stouffer, seconded by Mr. Pinks, to approve the minutes as amended. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. NOMINATING COMMITTEE REPORT: Mr. Starwalt, Chairman of the Nominating Comnittee, submitted the following nominees: Chainaan - Nalt Starwalt Vice Chair - Peter Treuenfela Secretary - Susan Jackson Mr. Starwalt stated that it was the other members of the Nominating Committee that persuaded him to run for the position of Chair. 11 A Charter Commission Meeting - Thursday-January 20, 1983 Paae 2 2. PROPOSED CHARTER CHANGES: Mr. Hamernik was the only council member absent. Mayor Nee stated that tfie council has not discussed this and they have not discussed this Nith each ot�er outside tfie council and he was not sure what the other council �embers had on their mind. He said that he asked to meet with Chairman Ash and found that he could agree with almost everything with two exceptions. Mayor Nee said he did not feel comfortable with the shifting of authority or sheltering the city manager from the city council and the removal of the re- quirement that the council appoint and dismiss employees. He also did not like the four out of five votes required for the dismissal of the city manager. On the issue of approval.of employees, hiring and firing, he did not think it was a good idea himself but would vote for it if everyone else felt it was a good idea. He asked the Commission to reconsider those two items. He said the essence of the Charter is t�at t�e council exercise all discretionary powers, through the city manager, a�d t�ere are a number of discretionary things like the payment of bills and questioned whether the council should release those discretionary powers to the city manager for administrative expeditiousness. He further felt it is a good t�ing for t�e city manager to bear in mind that all things are screened by the council. Chairman Ash said they have been discussing the changes in Sections 6.01 and 6.02 for the last two years and Ms. Jackson said the Commission started discussing c�anges in 6.01 a number of years ago and the changes in - 6.02 are a direct result of that; that the city manager should have some power over those people that are underneath him. Mr. Nelson said the oversight function still remains a�d there is nothing to preclude the council from overriding decisions. Chairman Ash said the mayor can review anything that is going on in the city and the council members can request informatio� of the mayor. Mayor Nee said part of the problem with that is you have to know what to ask and it is very easy for the council and mayor to assume t�at everything is tracking right. Mayor Nee said he was more concerned with Section 6.01 and felt it was an encroachment on the powers of elected officials. Chairman Ash said they have just removed it from the Charter and this administration could revise it and the next administration could�change it and t�e Commission felt this just did not have to be part of the Charter. Cauncilman Schneider basically agreed with Mayor Nee and on paper the council is the policy maker and administration carried out that policy and felt the informa- tioning gat�ering process would be removed from the elected officials. Chairman Ash said that 6.02 will have the city manager come to t�e council, for example, the city manager will ask t�e council for approval to fill secretarial and clerical positions and he will have the power to �ire for those positions but that the council would fiave to approve the hiring and firing of department heads such as the city attarney and city clerk. Councilman Fitzpatrick said that the Mayor 6as expressed his feelings and opinions. Mr. Qureshi said he did not see any great c�ange being made and it vss a matter of semantics and t�at a prudent city manager would provide the council with the information. Mayor Nee said he was confident t�ey were not talking a6out the present administration ar council but he sti11 has a pro6lem witfi encroacfunent on t�e powers of the council. Mayor Nee said his biggest pro6lem wit� 6.01 is t�e city manager can maintain his job with the support of only two of t�e five members. 11 B Charter Commission Meeting - Thursday, January 20, 1983 Page 3 Ms. Jackson asked tF�e Mayor how he felt ab�ut the "written charges" and "public hearing." The Mayor felt very strongly about the public deserving a hearing if the city manager is fired; that it is a very expensive proposition to replace the city manager. He said he has no desire to get rid of the pu6lic hearing on this; tf�at tt�e council could fire tF�e city manager �ust because they don't like him. Ms. Maertens said tF�e Conmission didn't look at this as trying to conceal anything frnm the pu6lic, it was just providing a more graceful way out and to leave it up to tf�e city manager's contract of some kind. Ms. Jackson brought up the issue of charges and said tf�at it implies stgntficant negligence and does not allow for a change of philosophy or cf�ange of direction. Chairman Ash also mentioned that surrounding comnunities have had problems in this area and they were trying to avoid pro6lems like that for Fridley. Mayor Nee said he did not want to have the pu6lic hearing out of the charter. Ms. Maertens said if the people feel strongly enough about this then there wi11 be a public hearing. Mr. van Dan said if it happens that the city manager and the council are in- compatible and cflarges are trumped up they may end up going to court and if the council is not justified in the end, what good will it serve. Mayor Nee said the court would only have jurisdiction if the city manager's contract or civil rights have been violated. Mr. Starwalt said the Cortmission was trying to avoid what has happened in other communities and they were trying to be visionary. Chairman Ash said what bothers the Comnission is the written "charges". Mr. Commers said one of the reasons for the written charges is so that the city manager can refute or explain them and to give him a chance to know what is going to be said. Ms. Jackson said it was interesting to note that most of their dis- cussions were about the charges and hearings and very little discussion on the four members voting and rather than have the word "charges" they could state "written notice of reasons." Mr. van Dan said the Comnission felt that if the council is not comforta6le with the city manager or his performance is inferior, they should be free to sit down together and prepare for termination and go over his contract and if the city council so desires, let them stipulate that there shall be a hearing. Mr. Treuenfels said they could state "city council does not feel comfortable with the city manager," Mayor Nee satd he was comfortable with that. Mr. Hunt said the Charter has procedural due process but no substantive due process and maybe they could grant a judicial review. Chairman suggested stating "council file its reasons." Councilman Schneider agreed with the negative connotation of tf�e word "charges" and agreed that there should be a change there and agreed with the Mayor on the three vs. four votes and Councilman Fitzpatrick toncurred. Chairman Ash said they would have to vote this down and return it to the Commission and they would have to debate it and send it 6ack to them. Councilman Fitzpatrick asked to hear again tfie real effect of 6.02. Chairman Ash said the city manager would come before the city council a�d state that he is going to hire people for these positions and the council would approve those positions and it would be the discretion of tfie city manager as to who is hired for those positions. He said this would give the city manager a little more power except Nith the positions of city clerk and city attorney and city treasurer, tf�e people for those positions would F�ave to 6e approved 6y tf�e council. Mr. Starwalt said he was the dissenting vote on this proposed change 6ecause wfien he was on tF�e council he felt it was an advantage to F�ave the names coming in. Chairman Ash said the city manager and council could still do it tf�e same way, it just would not be mandated by the Charter 11 C Charter Commission Meeting - Thursday, January 20, 1983 Paae 4 At this ttme, Mayor Nee commended Chairman Ash on his performance and term of office and the Mayor and Councilmen left the meeting. Chairman Ash faid t�e only difficulty the Mayor and Council have is with the proposed changes in 6.01 and 6.02 and felt on the bnsis of their conversation that they will reject the package af proposals and return it to the Commission. Ms. Jackson asked if they �ad to reject or accept the entire package and Chairman Ash said they did, that they could not single it out and it had to be unanimous. Ms. Jackson said the Mayor would accept 6.02 the way it is 6ut Councilman Schneider and Fitzpatrick would not. Ms. Maertens said the Mayor had a problem with the public hearing and felt it should be there for the electorate. Mr. Nelson said the Mayor indicated four out of five mem6ers voting. Chairman Ash said he inter- preted the Mayor as requiring the council to publish its reasons for dismissal, Ms. Maertens wanted to know if publish meant in the council minutes and Chairman Ash said the official record is the newspaper and the Mayor wants it on record where the public ca� get it. Mr, van Dan said he would like it if the public hearing was not a condition of the dismissal. Mr, Stouffer asked what would happen if they pu6lish the reason for dismissal as "insubordination" and it is just a personality conflict. Mr. van Dan said they would have'to couch the language very carefully and maybe only a statement to be given "council having found that per- formance of the city manager does not reach standards, etc." Mr. Qureshi said the Charter says the council can dismiss the city manager at will; the manager could demand charges and hearing 6ut that a prudent manager would leave if he does not have tfie confidence of the council. Chairman Ash suggested giving the city manager the option of requesting the reasons in writing. Ms. Jackson noted the Charter says the pu6lic �earing is at the city manager's request and does not protect the pu6lic and Ms. Maertens said in other words, they were taking away the public hearing from the city manager, Mr, van Dan felt the Charter was inconsistent as the city manager may be dismissed and granted a hearing but pending the hearing he may be suspe�ded with or without pay. Chairman Ash had a copy of the White Bear Charter and it stated that the city manager may be removed by the mayor upon ratification of his action by a majority vote of the city council; removal may be initiated by mayor or 4/5 vote of the city Council; in the eve�t t�e council requests, the mayor wi11 have 30 days to take action or state in writing ta the council his reasons for not removing the city manager; the city manager can still be removed by a 4/5 vote of the council and it also gives the public hearing option at the request of the city manager. Mr. Hunt noted that the hearing has to take place before the firing is effective. Mr. Pierce said the Commission can go with they have or make the changes the touncil will accept and Chairman Ash said t�ey can also put it on the ballot in the Fall or request the council to give them the exact words t�ey will accept. Ms. Maertens said t�e Commission has discussed this for t�ree years and she is comfortable wit� it and felt tfie Council should give them their exact reasons tf they reject it. Chairman Ash said he could send a letter for Mr. Qureshi to deliver to the council requesting the viewpoints of each council member if they reject the changes and what words would 6e acceptable. Mr. Nelson said the letter s�ould also state t�at the �'ayor's conditions are not really stated in the Charter and that they would 6e taking away from t�e city manager the right of the �earing and the hearing is not manadatory eitfier. Chairman Ash said the Comnission can also attend t6e Council meeting regarding these matters. 11 D Charter Cortmission Meeting - Thursday, January 2�, 1983 Paye 5 3. MEMOF:ArJDUM FROM CiTY ATTORNEY RE: ORDiNANCE PUBLiCATION: Chairman Ash said the Charter, Section 3.07, requires that an ordinance must be pu6lisi►ed in its entirety at least once and that the Memorandum from Mr. Herrick, City Attorney, indicates that there is a state law which allows cities to publish summartes of their ordinances 6ut this does not encompass Nome Rule Cfiarter Cities 'such as Fridley. He stated that the City is in tF►e process of rewriting the zoning code whicE► is 142 pages and wauld have to be published, at great expense, in its entirety according to the Charter.� Mr. Qureshi said it would cost almost �3,000 to publish this new ordinance and tfiat copies of the ordinance are avail- able to any citizen in the City Clerk's office. Mr. Hunt seid this does not inter- fere with the public hearing and reading requirements of the ordinance; that pub- lication is done only after the legislative process is completed and that a change would allow the council discretion to publish the ordinance in summary farm. He said if there is no change then all 142 pages have to be published in the paper and the summary is worked out before the council takes final action. Chairman Ash asked if there would be any difficulty to the City if the Commission did not take immediate action, Mr. Qureshi said that time and naney is a problem and if action is delayed the council may just go ahead and spent the money. MOTION by Ms. Jackson, seconded by Mr. Stouffer, that the Charter of the City of Fridley, Section 3.07, be amended to read: "Section 3.07. SIGNING AND PUBLICATION OF ORDINANCES AND PUBLICATION OF MINUTES. Every ordinance passed by the council shall be signed by the mayor, or by three other members of the council, and attested by the city clerk upon passage thereof and shall be by him filed and recorded in a book kept for that purpose and preserved. Every ordinance shall be published at least once in the official newspaper of the city. If the city council determines that publi- cation of the title and a summary of an ordinance would clearly inform the�ualic of the intent and effect of the ordinance, the council may by Eour affirmati.ve vo�es of its members direct that only the title of the ordinance and a summary be published with notice that a printed copY of the ordinance is available_ for inspection 6y an � person during regular office hours at the office of the city clerk and any other location which the council designates. A copy of the entire text of the ordinance shall 6e posted in the community library, if there is one or if not in an other ublic location which the council designates. Prior to the publication of the title and sumnary, the counci shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summar shall be deemed to fulfill all le al ublication re uire- ments as com lete as if the entire ordinance had been ub ished. Proof of the pub ication sha be attached to an fi ed with the ordinance. Eve � ordinance shall be recorded in the ordinance book within twenty days after Qublication of the ordinance or its title and summary. All resolutions and iootions duly passed at eacb meeting of the council may, in the discretion of t[�e council, 6e published in full or in part in tFieofficial newspaper of the city. Any administrative rule or regulation of any department of tF�e State of Minnesota affecting tF�e city or any statute of the State of Minnesota, or any pu6lished code, specifications or regulations prepared 6y an office or unoffitial organization for general circulation tn use may be adopted and incorporated in an ordinance 6y reference thereto and by marking the three copies thereof as "official copies" and filing ti�em for reference and in- spection in tfie office of tfie city clerk, and tF�e publication requirements of this charter sfiall be as fully satisfied in such cases by this method as if the said material had been set forth in the ordinance in full." 11 E Charter Comnission Meeting — Thursday, January 20, 1983 page 6 and that tf�is ci�ange in Section 3.07 shall be submitted to the City Council tndependent of all oti�er actions and proposals. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLAREQ THE MOTION CARRIEO UNANIMOUSLY. �. LAST MEETING FOR CNAIRMAN CLIFFORD ASN: Ms. Jackson thanked and cor�nended Chairman Ash for his 10 years of faithful service and expertise on tf�e Cfiarter Commission. Chairman Ash was commended and thanked by the other Cortmission mem6ers. Chairman Ash stated, that to the 6est of his knowledge, the only flaw he can find in the Charter right now and one he feels strongly about is the fact that council mem6ers have the ability to appoint members to subcortmittees and when there is a single minority in opposition to the other four members, the four members can block that minority member from having representation on the subcommittee; the voters put that councilman there and he should have a voice on the subcoromittee; tf�ere s6ould be sometf�ing to allow each councilmember to appoint someone to the su6committee. Chairman Ash said he has thoroughly enjoyed his term on the Charter Commission and adjourned the meeting at 9:55 p.m. Respectfully submitted, Deb N., Recording Secretary -, . � Fridley Police Civil Service Comnission Meeting February l, 1983 5:30 p.m. Present: Liz Kahnk� John Hinsverk, Public Safety Director, Jim Hill 1. Motion: That minutes of November 29, 1982 meeting be approved. Seconded and passed. 2. Liz Kahnk assumed Presidency of Comnission as directed by Statutes. 3. John Hinsverk selected as Secretary of Commission. 4. Received and reviewed i�formation on retirement of Officer Keding for disability reason. 5. Received notification of appointment of Officer Ronald Rischmiller. 6. Received notification of awards as. Police Officer of the year to Officer David Pecchia and Special Recognition award to Officer Michael Morrissey. Our congratulations extended to these officers by letter. 7. Received and reviewed results of Corporal/Sergeant assessment center exam and certified eligiblity roster. 3. Reviewed changes in the Police Recruitment System and action taken by City Council to continue participation under the Minnesota Police Officer Recruitment System. Sub 'tted by �. 7 � ohn Hinsverk, Secretary � �A CITY OF FRIDLEY 6�31 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55�32 �ELEPHONE 1612)S7t•3150 FRIDLEY POLICE CIVIL SERVICE COP'I�"1ISSIOP! FEBRUARY 7, 1983 ELIGI3ILITY ROSTER POLICE CORPORAL/SERGEANT �xamination results and recommendations from the zal assessors, the Fridley Police Civil Service Commission, .- ��...�� ting on February 7, 1983, established the below list as the official eligibility roster for the positions of Police Corporal and Police Sergeant. Candidates ranking below 70.00 percent are considered not ready to assume supervisory responsibility at this time . At the time of appointment consideration, candidates must have met the requirements previously established by the Commission and attached to this roster. CANDIDATE SALLMAN LENZMEIER FRIIS PROIS HELGESEN REHARD TELLERS PECCHIA OLSEN ZIMMERMAN MORRISSEY TRANCHEFF STANDAL BREDSTEN COMMISSIONERS: Elizabeth Kahnk, President John Hinsverk, Secretary Jean Schell, Member OVERALL A/C $ • 94.50 89.00 85.80 76.10 75.80 75.60 75.00 74.05 72.90 72.15 �1.75 71.35 70.80 70.55 A/C RANK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i. 13 GMHCo Mr. Nasim Qureshi, City Manager Ci[y of Fridley 6431 University Avenue Northeast Fridley, MN 55432 Dear Mr. Qureshi: GEORGE M. HANSEN COMPANY, P.A. A hoJ�siiaw! Co►por��wn oJ frnijwd hAl�� A��wm��nn February 9, 1983 The regulations of the Office of Revenue Sharing require [he Ci[y to have an audit of [he Revenue Sharing Program every three years. The last audit of the City's program was for 1979, therefore, an audit will be required for 1982. \l�e would perform an audit of the Revenue Sharing Program for the year ended December 31, 1982. This audit would be done in accordance with the regulations of the Office of Revenue Sharing. We estimate the cost of such an audit will not exceed s650.00. If you have any questions regarding this proposal, please contact me. Very truly yours, ,,���G�� � 3GM:hj ' J. Gre or Mur h 8 Y P Y ��350uT►+pu►ZaOU��O�NG WAV�ATABOULEVAADATMIriMNAV 1pp �N�EAPOLIS.MINNE50T435d'16 6+2i3s6�2366 � � CQ�!lI.SSIWI !SH!!S iHAr YILL 6ZPIRB IIPRII. 1, 1983 FOB CITZ CODI�CIL II�OHluTIO� T�iM B:PZBS� 1�SQB� PT.iU1►�G COMlISSIO/ ( CHIIPTBR 6)( 6 Me■bera - 3 Zear ?e�s) General Chairperaoa Chairperson Env. Qual. Commission I Chairperson Community Development Chairperson Parks � Recreation Chairperson � Appeals Commission Chairperson Human , Resources Chairperson Energy Commission oirginia Schnabel 1527 Windemere Circle N.E. ( �1. 5T t -3318) Richard Svanda 1521 Woodside Court N.E. (H.571-6154)(8.297-2732) LeRoy Oquist 1011 Hackman Circle N.E. (�.571-0415)(8.482-4383) David Bondrick 280 Stoneybrook Way N.E. (H.571-2359)(8.571-�7b7) Patricia Gabel 5847 - 2 1/2 St. N.E. (H.571-1288)(8.571-4600) Brian Goodspeed 731 Rice Creek Terrace N.E. (H.571-4822) Dean Saba 6325 qan Buren N.E. (H.571-1953)(8.631-5860) 4-1-85 4-1-85 �-1-8� 4-1-85 4-1-85 h-1-8�1 4-1-83 � Cal�IIIHIIT DEYffi.OPMBHT Cal�lISSIOlf ( CHAPTSx 6)( 5��BRS - 3 �EUt =BA!!) Chairperson Vice- Chairperson LeRoy Oquist 1011 Hackman Circle N.E. (H.571-0415)(8.482-4383) Renneth Vos 990 68th Avenue N.E. (A.571-2246) Connie Nodig (Resigned 1/6/83) Carol Fassett 1001 Lynde Drive N.E. (H.571-5476) Alfred Gabel 5947 2 1/2 St. p.B. (A.571-1288)(8.561-8800) 4-1-84 4-1-85 4- t -83 4-1-83 �-a-sa . . , �: :�: w: ,�: �+ ; 4-1-86 4-1-86 14 I E%PIRING COM�JISSION POSITIONS 18a!! �Z� � P�RaS �iD ItSCEBA?IO! CaliI3SI0! ( Chapter 6) i 5 lJeabera - 3 Zear ?er�) { Chairperaon Yice- Chairperson David lCondrick 280 Stoneybrook Kay N.E. (H.571-2359)(B.571-4767) Mary Schreiner 6851 Oakley St. N. E. (H.571-3045)(8.571-1010) Jan Seeger 324 Ironton Street N.E. (H.784-7441) Dick Young 5695 Quincy St. N.E. (H.571-8098) Daniel Allen 6200 Rice Creek Drive N.E. (H.571-3137)(B.373-0956) 4-1-85 �-t-85 4-t-84 4-1-83 4-1-83 �PPHALS Ca4�tISSIO� ( Chapter 6)( 5!leabera - 3 7ear ?er�) Chairperson ' Qice- Chaiperson Patricia Gabel 5947 - 2 1/2 St. N.E. (H.571-1288)(8.571-4600) Alex P. Barna 560 Hugo Street N.E. ( H. 784-5468) Jean Gerou 1650 Briardale Rd. N.E. ( H. 571-6736 ) Donald R. Betzold 5640 East River Road Apt. 105 (B.571-0og8) James Plemel 686�1 Channel Road N.E. ( H. 571-0026 )( B. 421-�i76 Ox 1126 ) 4-1-85 4-1-85 4-1-84 4-1-84 4-t-83 14 A PAGE 2 iPp0I11TSB TSR!! SZPIRBS 4-1-86 4-1-86 ��.:� E7CPIRING COI�IISSION POSITIONS 18H!! PEBSSxT !�Bffi ��j� j� �tl�11 RSSOOttCS3 CQ�lQSSIO! ( Chapter 6)( 5 Me�bera - 3 Tear lers) Chairperaon Brian Goodspeed 4-1-&1 731 Rice Creek Terrace N.E. (H.571-4822) Vice- Mary van Dan �-1-84 Chair 6342 Baker Avenue N.E. (H.571-3177)(B.546-9035) Peter Truenfels 4-1-85 5248 Hoirizon Dr. N.E. (H.572-8229)(8.638-?619) Jayne Noble 4-1-83 7381 Jackson St. N.E. (H.784-4771)(8.786-0800) Lynn Boergerhoff 4-1-83 ?374 Van Buren St. H.B. (H.786-7167) C11BLB TBLSIIISIO/ CQl�IISSIO/ ( Code Seetion �05.28) ( 5 Me�bera - 3 7ear lera) Chairperson Burt Yeaver 4-1-84 928 Rice Creek Terrace N.E. (H.571-4237)(B.571-12�19) Yice- Duane Peterson 4-1-83 Chairperson 7376 Stinson Blvd. N.E. (�.786-517�)(8.37�-1120) Barbara Hughes 4-1-85 548 Rice Creek Terrace N.E. (H.571-6182)(8.871-7332) HdWard Haspszalc 4-1-85 1317 Hillcrest Drive N.E (H.571-Ob41)(B.5�14-2115) Harold Belgum 4-1-8�4 191 Aartman Circle N.E. (H.571-1191) 14 B PAGE 3 iPPOIlITBB ?BRN EZPIRBS 4-1-86 4-1-86 4-1-86 � I EXPIRING COl�II+IISSION POSITIONS ?BSi �PZBS� lEE4i� B�YZR�T�L/�ERGT C�lQSSI01 t C6apter 6?( 5 Me■bera - 3 Tear TeJS) Ricbard Svanda 4-1-85 1521 Woodside Court N.E. (A.571-6154)(B.297-2732) Maynard Nielson 4-1-85 ?144 RivervieW Terrace N.E. (H.571-6608)(V.571-0761) , Tom Gronlund 4-1-83 7411 Lyric Lane (H.786-7�59)(B.370-4141) I�I � Bruce Peterson 4-1-83 ;� T503 Tempo Terrace N.E. (H.786-g898)(B.853-5041) � � Nareia Schaaf 4-1-8�1 , (Resigned 1/27/83) Dean Saba 6325 9an Buren N.E. (H.571-1953)(8.631-5860) Todd Tessmer 6890 Channel Rd. N.E. (H.574-1904) Jerry Cichosz (Resigned 10-19-82) William Jordan 895-76th Ave. N.E. (H.786-5504)(8.374-5800z60) William F. Wharton 6887 Channel Rd. N.E. (H.571-8555)(8.853-2207) 4-1-83 4-1-85 4-1-8�4 4-1-85 4-t-83 14 C PAGE 4 IPPODITBB TBAM EZPIRBS 4-1-86 4-1-86 4-t-84 4-1-86 4-1-84 C�II�� E%PIRING COl�AlISSION POSITIONS TSR!! PRBSSRT �B&S $j��$$� LPPOIIRBB FHIDLBZ H003I�G A�D 1tSDSYBLOPl�fT �IITHOEI?Z ( 5!leabera - 5 7ear ?�er�) Chairperaon Larry Commers 5212 St. Noritz Drive N.E. (H.571-8925)(8.339-3355) Yice- Elmars A. Prieditis Chairperson 6031 Ben�amin St. N.E. (H.571-7230)(8.332-1q01) iialter Rasmussen 7806 Alden Way N. E. (H.571-6232)(B.37g-8811) Duane Prairie 489 Rice Creek Terrace N.E. (H.571-3993)(8.786-9800) Carolyn Svendaen 6171 Rerry Lane N.E. (H.571-6060)(B.571-2345) 6-9-� 6-9-86 6-9-87 6-9-83 6-9-85 POLICS COl�MISSI011 (Chapter 102) (3 Meabera - 3 Zear Zera) John. 8. Hinsverk 170 Hartman Circle N.E. (H.571-6038)(B.425-4541) Jean Schell 5198 St. Moritz Drive N.E. ( H. 571-3283 ) Elizabeth l�ahnk 209 Rice Creek Blvd. N.E. (H.571-2108)832 2-�-3-7 4-1-85 4-1-83 4-1-84 0 14 D PAGE 5 APPODiTBH TSAN SZPIRBS 6-9-88 4-1-86 T►+� c�t� o� DIRECTORATE OF puB��c woRKs FRI � MEMOi�ANDUM DATE February 22, 1983 FROM O.P.W. Mark Burch - En ineerin TO ACTION INFO. SUBJECT Nasim Qureshi X Bid Results and Award Recommendations for the Fridley Comnunity Park Sports Lighting Project On December 14, 1982 we received bids for the Fridley Community Park Sports Lighting Project. The estimate for this project was approximately $220,000 to $240,000, and all bids received on December 14th were considerably higher than the estimate, with a low bid of $300,424.00. The City Council decided not to award the project at this price and ordered it redesigned and relet. On �ebruary 15, 1983, we relet the Sports L�ghting Project with a new design and received more competitive bids with the low bid coming in at �229,254.00. We have investigated the low bidder, Electric Service Company, and find them to be a reliable contractor with a good reputation in the performance of tF�is type of , work. We have also approved the light fixtures, poles and electrical equipment they propose to use to complete this project. We have consulted with Mr. Don B°rlinger of Donohue and Associates on these matters and he agrees with our findings. We therefore recortmend to you and to the City Council that this project be awarded in its entirety to Electric Service Company, 1609 Chicago Avenue, Minneapolis, MN 55404 for the lump sum price of $229,254.00. NB/de � m � � : N N N M O O • � � • � M O 0 . � N � a • Y1 . � 8 �� ++ 4 �'" N� Q--m r-i ���� ��° � e� .-�1 fr1 0 0 . � � O � O O • s o• �O M O 0 . � b rl � • � • � � � � � � � N � � � '0 m�� ti., � ��N 8 . � f�f � O O • O O � 01 111 M O 0 o° O I. � i � � N � � 0 wy� � ^ � ,��� e► • � N � g � � � m � O • ^� � N � I � �O • ' g I A � I � ,� M � ��..� w u �Q �� � ��� �t ' � iJ rl �� � � N � S . � � � M O � � N N �O w °o °o O A �-^1 M M N � ��� � +u+ 4 � � ' � � �� �� 0 . � N M O p� OC � 1N0 a o° O � � M I � '° b: �� V � +i � � � � � � � � � �m .p♦ � h Q .� �O � � M O O - • N f+) � � N 0 0 N � � M I � • � y I .� . ��QV ��� M i� � w +m�l d '� �V �g A m ,� S 0 rl �-1 • � ill O - p• 1D P'1 . � � O O O r . � ri b 0 0 . 0 ► N�p1 M O • O O . � q O i O I O � O O ► Ot A rl N g . g � 8 M O O • O O . � A O I O O O O . � N N g . � b�p M O O 1� � n M O O • S � a � N 1�1 ' ��N � IA ' I�A . a� � � N �$ � � � �i �� �3 � �N � V �1 � 8 � ��tN w � � m -� ��� �� eh �� � a� � N1 � � � � � � � 0 � ��� 0 0 . 0 • � M O • � f+f � b M I O • �i � � ► rl � N I 0 � � � N � � 1�1 � y�� ; �� � � 0 0 . m N 1f1 � � N M . O • �N O� � � M O • ; � I • ap� y � I � . O � �O O �� M O • O O � � M � O • O � • � M �� .�. � � � V� � +4 � �� �� � N Ri ., F� m � � �� O +�4� V � Q +� W � •� � .i �O >M � 0! ���� 15 B � I g � � � ��� N y �., � �� z N � E t� �4 m i� 0 � �� v N Ip Y � V W N � � � m � � m � � � � � � � � m m m m : � � Q � � • (,� 41 N oi o V y N ��� � � �.° a. �N y � ��� �y h 4 � V fr'1 � n �� � .� o � a' Y1 � � � � Y t.i �� N � � ��� �� �° N � � � � �� "o �� .�� � � �: �� � � N � � � �� �� : �� � � � � � � � � �� �f� � m � �� 'av � Q � �� ��� �� 15 C � m � m � � � m w � 8 � m � �• � � � d �r � �� N H � � .� � � O � 15 D 1• 16� n�� c�tv e� F OATE SUBJECT DIRECTOqATE OF puB��c woRKs February 22, 1983 I,pW Planning - Jerrold Boardman � .` Metro Council Rental Rehab. Loan Program ����� ����:3 John Flora Nasim Qureshi TO MEMORANDUM ACTION INFO• X X Please find attached a copy of the Metro Council Rental Rehab Loan Program Sumnary along with a resolution that they are requesting from comnunities that are interested in participating with them. This does not bind the City to any expense or staff time but simply allows the Metro HRA to serve Fridley Landlords who wish to participate in this below-market value interest rate loans for rental rehab. The City already participaes with the Metro HRA in the Section 8 moderate rehab program and would further benefit with the inclusion of the Rental Rehab Program. 7his program is designated to rehabilitate private rental units which are substandard or having major building companents in need of repair or replacement and provide energy improvements for compliance with State energy standards. This program could work well in conjunction with our housing maintenance code in the upgrading of the conditions of Fridley's rental stock. JLB/de AOr7\JLVii\1w �0� �'� -1983 a x�soi.orio� aoreoaiznic r� �raopo�.�u caancu, so �PLSKSnT rag 1tSR�I. 1t�i�BII.IrA?IOR LOAB P�OGBAM YIZ8I1[ � CIT� � FItIDLBT YBBRBAS, The City of Fridley desires to assist loxer income families and individuals to obtain adequate housing in the City of Fridley at an atfordable price and to aeeomplish the purpose of undertaking a program of providing technical assistance and loans to property oWners for the purpose of rehabilitating rental units for occupancy by low-and- moderate-ineome Pamilies and individuals; and YHB8B44. the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.123; and has been designated a housing and redevelopment suthority pursuant to Ninnesota Statutes �t73.193� with the poWers and duties of a housing and redevelopment authority under the provisions oP the Minnesota Housing and Redevelopment Authority Act, Minnesota Statutes 462.411 to 462.711, and the acts amendatory thereto; and Y6SBBA3, the City of Fridley and the Netropolitan Council desire to encourage the stabilization, revitalization, and rehabilitation of the rental property in the City of Fridley; and YHBRBA3, the City of Fridley has determined that a program to encourage the rehabilitation of rental units is consistent xith the housing goals of the City and eonsistent xith the City's public interest. 1a8, �OSB, BB I? aB.S0I.O8D B7 ?HE CITZ OF FttIDLB? that the Metropolitan Council is hereby authorized to implement the Rental Rehabilitation Loan Program to encourage the rehabilitation of afPordable private rental units within the City of Fridley and that the city administrator is hereby suthorized to enter into an agreement vith the Metropolitan Council for the operation of such program �ithin the Citp. PASSED AND ADOPTID BY THE CITY COONCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1983• iiILLIA!! J. NEE - MAYOR ATTBST: SIDNEY C. INMAN - CITY Q.ERR 2/2I17/1 16 � a 16 B Metropolitan Council Housing and Redevelopment Authority RENTAL REHABILITATION LOAN PROGRAM SUMML�RY Purpose During the past two years, Metro HRA has offered its Section 8 Moderate Rehabilitation program to rental property owners through participation in the Minnesota Housing Finance Agency's (MHFA) Rental Rehabilitation Loan Prograa. Metro HRA has now expanded participation by offering the Rental Rehabilitation Program to rental property owners as a separate program, as well as a source of financing for Moderate Rehabilitation Prograri participation. The Rental Rehabilitation Progra� provides below-market interest rate rehabilitation loans to owners of rental property occupied primarily by low- and moderate-income households. Metro HRA is administering this program in conjunction with the Section 8 Moderate Rehabilitation Program. Both programs are designed to: Rehabilitate private rental units which are substandard or have major building components in need of repair or replacement; and Provide property with energy improvements for compliance with state energy conservation standards for rental housing. The Rental Rehabilitation Loan Program does not provide rent assistance to tenants in the improved units. However, because rental property qualifications vary between the two programs, the Rental Rehabilitation Program will offer alternative rehabili- tation opportunities to owners whose property is not feasible for the Section 8 program. Technical Assistance and Financing Metro HRA publicizes the availability of the Rental Rehabilitation Loan Program through newspaper circulation and direct r.�ailing. Property owners indicating an interest in the program are sent information packets containing program requirements and the format for submitting proposals. As the administering agency of the program, Metro HRA provides rehabilitation technical assistance to property owners by working with them in deternining the anount and type of rehabilitation, preparing the feasibility analysis� cost estiraates and detailed work write-ups, and locating contractors. 16 C -2- Metro HRA also assists in the packaging of the rehabilitation loans. The loans to property o�mers are insured under the FHA Title I Property Improvement program and processed through the First Bank of St. Paul. The interest rate on I�iFA's financing of the loans is 11 percent and the maxinu� loan term is 15 years. Program Requirements The following are requirements for owner participation in the Rental Rehabilitation Loan Program: a) The property to be rehabilitated must be owned by the applicant and used for residential purposes b) IInits must be leased to low- and moderate-inco�e households c) Owners must certify that tenants will not be displaced during or after rehabilitation d) FHA Title I loan maximum amounts are $7,500 per multi-family unit not to exceed $37.500 per structure, and $15,000 per single-family structure e) All buildings rehabilitated �ust be brought fnto compliance with State Energy Conservation Standards f) Structures less than 15 years old are eligible only for energy compliance improvements . g) Structures more than 15 years old are also eligible for permanent general improvements . Eligible Improvements a) Energy Conservation Standards - Caulking. weatherstripping - Storm door and window installation - Fireplace and stove positive shutoffs - Insulation in accessible attics, walls and rim joists b) General rehabilitation - Structural additions� alterations - Exterior, interior finishing - Roofing repair or replacement - Plumbing installation or replacement - Heating and ventilating - Electrical wiring c) Accessibility improvements - Ramp construction - Handrail, grab bar installation - Other -3- Community Involvement Before the Metro HRA Rental Rehabilitation Loan Program can operate within a Metropolitan Area community, the city must pass a resolution to participate in the program. Other community involvement could include additional promotional efforts through local newletters, newspapers, and utility bill enclosures. The operation of the Rental Rehabilitation Loan Program within a community requires the involvement of the city`s building inspector. As local code enforcement is of vital importance in the program, Metro HRA staff works closely with community building inspectors during the rehabilitation process to ensure quality rehabilitation in compliance with local codes. The Rental Rehabilitation Loan Program can also be used as a leveraging tool with Community Development Block Grant funds in local rehabilitation projects. CDBG funds can be used to further reduce the interest rate on the Rental Rehabilitation Program loan funds, provide interest or principle subsidies, provide additional funding when the total cost of rehabilitation exceeds the program's maximum loan amount, or provide financing for projects not eligibl� under the program's standards. For further information on the Metro HRA Rental Rehabilitation Loan Program, contact Rosemary Fagrelius at 291-6504. 16 D � �°"- -. �, 0 �° ,. G� i '�, �' � . � Ili i � I:! �1 � �1 `�•� � � . 1,�� Y � 'w�N c�t.:. Jan�i_rt 4, � 1983 To: Metro NRA Participating Communities Re: Rental ;Rehabilitation Loan Program 16 E Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone i612) 291-6359 The *i.�tropo�i tan Council Housing and Redevelop�r,ent Authority annouiice� t2��e availability of its Rental RehaLilitation Loan Pr: gr.1^.. fo� thP imarav�:.,ent of re�ide:►*ial rental uroperry i*� M�tra���l i*s+�� Are? co^-».niti es . Y'!�e Re�it�l K�ehatilitation Prog:am provides below-market intcrest rate tcnabilitation lna•�s to owners of rental prouert; occ:�pi ed prir:.ar � ly Ly 2ota- �nd moderate-income houschol�s . Me tro lIRA is admi.r.isteri�; tris pro�ram in conjunction �►�ith thc Sectiot� E N.oderate Reh�abilitation Program. Both programs are designed to: Rehab:ilitate priv�*_e rer.tal ur.its which are �ubst3n�iard or have ma j or bui lding comgoi�Ents in need of x�pai: o�- repla�cenent; and Provi�de property with energy improvements for co��?.iar_ce with istate energy conservation standards for ren�al hous i�ng . Because rent�al property �luzlifications vary between the r.wo programs, thie Rental Rehabilitation Program wil] offer alternative rehabilitati��n opportunities to owners whose property is not feasible for the Seccion 8 program. Metro HRA in�vites your city to participate in the Rental Reh�bil- itAtioa Lc.3;z J'rogram. Ry E•:thorizin� the impleme:.tat? on cf �t�i s p-�sr��, yc��,r c�n�_r_�ry ��z: - Impr���ve local rentat housing sto:'.: and increase the av�b�,r o� sta�dard housing units available to low- a;�3 rloder;3te-incom� families ; - Achie��e rehab�litation and low- and moderate-income . sub=i�3ized ;►o•:s;:tg goals ir. ycur H��isi.r.� Allocation Plar.; - Incre�3se your Policy 39 housing perfcrmarce score; and - Lever�3ge CDBG funds in local rehab?litation projects. A brief summ�ary of the program ai�d a sa�ple resolution are enclosed An Equal Opportunity Employlr To Participat:ing Com�nunities January 4 , 15183 Page 2 for your infc�rmation. If you have �3ny questions regarding the program, please contact Roberta Ever:ling at 291-6379. Sincerely, f t �� � � Phii Katzung Program Mana,ger Metro HRA �K/eh enclosures 16 F r�+� c�T� os FAlDL Y o�TE '� FROM � SUBJECT OIiaECTORATE OF p►uB��c woR�cs February 11, 1983 hJQ n G. Fl ora TO fridley Center City Plaza Projec Nasim M, Qureshi, Ci 11 MEMORANDUM 1 Manaaer ACTION� lNFO• We have been working with Inter Design on the planning for the Center City plaza. Our plans for completing this work involves combining some of the earthwork and paving into our street improvement project and initiating a separate contract for the plaza construction. In order to complete the plaza this summer and obtain early bids, request the City Council approve the attached resolution for the Fridley Center City Plaza Pr�oject. . JGF/mc a r-��� �� �...".,;,� F� � a 17 A ,�.._ .� •.>:• 1 �• :. •�:c ' +�• • �•.1'r• 1' 1 1••• S ii , � ••�• � . : 11 ' f � ' 11 • ' 1 �1' 1 � 1 �A' � �I ' 1 ' : 11. ' 1� :i �i �}• M • •.• : �+ WHEREAS, the Fridley Housing and Redevelopment Authority.as the responsible Agency for the implernentation of the Center City District, has pzomoted a�nd secured develapment in Pt�ase II of the project area f and WHE1tE�, ti�e Fridley Bousing and Redevelopment Authorit� has requested assistanc:e frora the City of Fridley for certain public improvement projects Mrithin Pha.se II of the project area. WE�'.AS, Ftesolution No. 11-1983 adop�ted by the City Co�cil c� the City of Fridley, i�linnesota appraved this project. NOW, R4iEP:EFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota as follvws: 1. �at the follaaing inprovenents propo�ed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possi.ble, to-wit: Plaze� develapnent, including grading, peving, landscaping, lighting, and other facilities located in the Fridley Center City Plaza. That the work involved in said improvements as listed above shall hereinaftE�r be included as part of: FRIDLE,'Y (�VT�t CITY PI.AZA PR47DCT 2. �he p]lans and specifications prepared by Inter Design, Inc. for such inprrn�enents and each of them, pursuant to the Council resolutions heretc�fore a3opted are hereby approved and shall be f iled with the City ��erk. �e Public Works Director shall aco�rdingly prepare and cause to be inserted in the afficial newspaper advertisements for bids upon the makir�g of such improvements under such approved plans and specii`ications. Z�e advertisenent shall be published for three (3) w�eeks tat least 21 days), and shall specify the work to be done and will ��tate that bic� will be cpened and vonsidered at 1:30 p.m. rn the 22nd c3ay of March 19ffi in the Ca�ncil �ambers of the City Hall, and that �no bicls will be considered unless sealed and filed with the Publi�: Works Directa�, and acao�npanied by a cash deposit, bid bond, or certi;Eied check payable to the City for five percent (58) of the amoun�t of such bid. That the advertisement for bids for FRIDLEY CENTDt CITY PLAZA PRQ7DCT shall be substantially in the standard form. PASSID AN]J ADOPTID BY ZHE CITY �UNCII. OF TfiE CITY OF FRIDLEY TH IS I]AY OF �,_,, 1983. WII.LIAM J. NEE - MAYt�R A'1'I'E'ST: -_._,� SIII�,'Y C. II�I1�1 - QTY Q.ERR 17/11 I�SQ�Tt'� 1�. � 6 — 1983 RFSCILUTION PB?ITIONI� 7SS CI?Y OF FRIII�Y FOR PI.�SA 1?�ROVF?�X15 iQ�t �T1FR CI'Pi P�SE II rBVS�l�i� WI�tFAS, the FYidley Aousing � Redevelopment Authority is the tesponsible l�gency for i.��lementation of the Center City Redevelapeent Districtf and �EAS, as part of the Center City Redevelapment District, it is the intent of the Authority to do certain public improvements in order to generate dewelopnent an�d provide for the health, safety and general welfare of the City af Fri dley j an�d I�nT, �1F.RF.�ORE:, BE IT RFSQ�VID BY 'Ii� �SII� AND RIDE.VF,LOPMENT AUTHORITY OF FRIDLEY� MlINI�SOTA: l. Tfiat the Authority hereby petitions the City Council for Plaza irc�rave�nerits associated with the Fridley Center City Phase II Develapnent. 2. 'iY�at the Authority request a waiving of its right to Public Hearing fo= the i�rrn�enent allowed under the nozmal pzooedures set forth in Minnesota Statutes (�apter 429. 3. Zhat the 14uthority agrees to furnish fu�ds for initial payments of those improveme�its as petitioned above but reserves right to neg�tiate with City for final distribution of f�ds. PASSED AND ADf�PTID BY Ri�1E HOUSII� AND RIDF.Vfi�OPMt�1T ALTIIiORITY OF THE CITY OF FRII�.E.'Y �IIS :177ii DAY OF F`FB1aTARY, 1983. • -a •• i ��. �. . �. •� � � •�� y��s� ►•• AZTFS'T: JF.�tRLLD L. BCIARD�lAt�T F.l�QTPIVE DIIi:DL'1�QR vz3v6 17 3 r+a e�TV os Fqi[�L Y DATE �_____. FROM SUBJECT OfRECTORATE OF P�UBLIC WORKS John G. F'lora Repair oi` Commons Filter Plant Roof re t�•7 : MEMOAANDUM I Citv Manaaer ACTIONI INFO• Last October the City Council approved the elimination of temporary repair work on the t:ommons Park Filter Plant roof in lieu of replacement of the entire roof. Plans and spE�cifications have been prepared by Donohue & Associates and are ready fo�^ advertisement. By advertising now we should get good bids and accompli<.>h the work before the hot summer months. Funds for th�is repair is available within the Utility Enterprise Fund. Recomnend th�� City Council approve the attached resolution for repair of the Comnons 1=i 1 ter P1 ant roof. JGF/mc r� � �� � � �a� �� �� ��� � �a�.S ��i atTFRII�G �RTISF�TP POR BI�: CITY OF FRZ�.Bt �F �6�C.TI�I iQt i�II.�iIQ� Pi�i+Tr PA�7�t3 #141 �IItEAS, oertain inprwene�ts are c3eened ne�oessary to maintain �e roof on the Commns filtration plant; and WBEREAS, Plans and specifications have bee prepared for this project by Dono�,ue, Aeti�erington 6 Associates, Inc. ADW, �F�UFtE, BE IT R�VID, by the City Council of the City of Fridley, Anoka Coiaity,� Minnesota as follvws: l. �hat the inq7rovenents as sha�m in the plans and specifications are hereby ordere8 to bEa effected and oampleted as soon as reasona4ly possible. 7l�at the worlc involved in said in�pravenent as listed nbove shall hereinafter be desi�ate�9 as: CITY OF FRIDl�EY Ii00�F �15'IIaJ(�IDN FOR C�DNS FIL7RATIDN PLArTT PROJDCT #141 2. �e pla»s and specifications prepared by Donohue, Hetherington & Associates Inc. for such improvements, a �opy of which plans and specificatiaas are hereto attached and made a part herea�, are hereby appcwed and shatl be filed with �e City Cterk. il�e Public Wr�rks Director sha12 aca�rdingly �re�re and cause to be inserted in the offic:ial newspaper advertisements for bids upon the making of such iiaprovenents �mder sucfi approved plans ar� specifications. �e advertisement shall be pub:tished for three t3) w�eeks (at least 21 days) , and shall specify the work to Ibe done and will state that bic7s will be apened and oonsidered at 11:00 a.m. an the 23rd day of March 1983 in the Council Chamber of the City Hall, and th�at no bids will be o�nsic]ered unless sealed and f iled with the Public Work�s Director and accompanied by a cash deposit, bid bond, or certified ch�eck payable to the City for five percent f58) of the amount of such bid. 'That the advertisement for bids for CITY OF FRIDLEY ROOF C�NS'IIZUGTIpN �R �lS FIL�tATIDN Pt.ANT PR47DCT #141 shall be substantially in the standard form. PASSID AND ADOPPm BY RiIE CITY m[JNCII� OF ZHE CITY OF FRIDi.�'Y �IS 28'D•] DAY OF FFSi�ARY, 1983. WII�LIAM J. I�E - MAYOR I�TRESP: SIIIQEY C: IlCQKAN - QZ'Y Q�IItK 17/15 . , � 1 CIT4 OF PRIII�.Y I�QF PI�lt�Tr Pt�7HC? #141 � � •: ,� : �� � : •� POR �NS PILTRATIOA Sealed bids will be received and publicly apened by the City o� Fridley, Anoka t7o�a�ty, Minnesota, at the Offioe oi the Public Works Directcr, 6431 University 14venue N.E., FYidley, Nlinnesota 55432 (telephor�e: 571-3450) on the 23rd day af Mnrch, 1983 at 11:00 a.m., for the furnishing of work and naterials for QTY OF FRI�.EY ii�F mNS�tUQ`mN PI�R U�DNS FIL�2ATIDN Pi.Ai�TT PR4TDCT �141 All fn accordance with plans and specifications prepared bY Donohue, Aetherington ,� Associat�s, Inc. 7400 Metro Boulevard, Suite 310, Minneapolis, Minnesota 55435 (Tel. 835-1226) . Plans and spe�cifications may be examined at the offioe of the Public Works Director and �copies may be obtained for the Contractor's individual use by applying to t�he Public Works Director and depositing with the Public Works Director 525.�D0 for each set. �e deposit will be refunded to each bidder submitting a lbona fide bid upon return of the documents fn good condition within ten (1�0) days fram tfie bic3 opening date. Bicls must be �nade on the basis of cash payment for work. and acoompanied by a cash deposit, certified check ton a responsible bank in the State of Minnesota) or a bidcler's bond mac]e payable without condition to the City of Fridley, Mirv��sota, in an amount of not less than 58 of the total amount of that bid. Rhe City 0����il reserves the ric�t to reject any and all bids and to waive any infornali�ties in any bids reoeivec] without explanation. No bid may be withc�awn for a period of sixty (60) days. By order of t��e City Caa�cil o�f the City of Fric�ey• Mirv�esota. nated the 28tI� day of February, 1983. Published: Fjci� �n M��rch 2, 19ffi M�uch 9, 1983 M�uch 16, 1983 �'7/15 Jdui G. Flora, P.E. PUBLIC WORKS DIRDCI'�t C��tr��im �l.letin Marci� 4, 1983 March 11, 19ffi March 18, 1983 . . . . Ft.G e t 19 •�:.. � �. • •. •�:c • ;. � i• � -�� �• i • � r •.• r �� � � - � � •n :+• � 1' v • . �1 :` 1 �;� � ' •�. ►. ►:Ir• �• ' . r• :�• 1 I• •.� � �S ' � i�l . � • :C �FAS, Resolutian No. 8-1983 acbpted on the lOth day of January, 1983, by the Cit;Y Co�u�cil, set the date for hearing on the prap�sed im�rovenents �66th Aveniue N.E.) as specifically noted in the Notice o� Hearing attached thereto fo�r refere�ce as Exhibit •A", and, WHEREAS, all of the property owners whose property is liable to be assessed w:ith the making of these inprovements (66th Ave�ue N.E.) (as noted in said noitioe) w�ere given ten (10) days notice by mail and published notioe af lthe Co�mcil Aearing through two (2) weekly publications of the required n��tioe, and the hearing was held and the property awners heard thereon at the hearing as noted in said notiae: and WHFREAS, the City Camcil reoeived a resolution fran the Fridley Housing and RedevE�lopment Authority (No. ARA 1-1982) requesting certain i�ravanenls (64th Avenue N.E.) and aqreeing to payment of the assessments for these ��rovenents, and WI�REAS, tiie City Ca.�cil received a resolution fran the Fridley Housing and Redeve�lopment Authority (No. ARA 2-1983) requesting certain improvemen�ts (City Aall Parking Lot) and agreeing to payment of the assessments, for these improvements, and WH�2EAS, Rersolution No. 11 - 1983 aci�pted by the Gity (7ouncil of the City of FYidley agreed to oonstzuct these imExovements (64th Avenue N.E. and City Aall F�rking Lot) and to assess the o�st of these in�rovenents to the 8ousing andl Redevelopment Authority. NOw, �IEREF�ORE, BE IT RFSOLVID, by the City Council of the City of FYidley. An�oka Ca.u�ty. Minnesota as follows: l. R�at the following impravements proposed by Council Resolution No. 7-1983 are hereby ordered to be effected and completed as soon as reasor�4ly possible, t�v-wit: Street Improvements, including grading, stabilized base, hot-mix bitumin�ous mat, concrete curb and gutter, sidewalks, storm sewer systen, and other facilities located as follows: City Aall Parking Lot (�ty Hall 64th Av�enue N. E. University Avenue Serviae Drive to Sth Street 66th Av��ue Centrai Avenue to 900 Feet Fast 2. �sat thi. work to be performed under this project may be performed �der a�e or more contracts as may be c7eened advisable upon receipt of bids. .• Page 2— APSOlution No. — 1983 . ••. 3. �at the Public Works Director. John G. Flora, City Hall, Fridley, lsinreso�ta, is hereby desic��ated as the Fhgineer for this improvement. Ae shall prepare final plans and specifications for the making of such i�ravements. PASSED AND AUpPTID BY ZI�IE CITY Q'7UNCII,, OF THE CITY OF FRIDLEY THIS nAY OF _, 1983. ATI'EST: SI�NE'Y C. I[�l - CITY CLERR 17/8 WII+LIAM J. I�E - MAYt�R 19A ., f.yC t [ 2U •�s: • � i• � • •�:c R�0[�1 � � APAiWAL OF PI.i�PS .�lPD ORDERIPG �D�VERTISEMENT FOR BIDS: STREET P�47HLS DD. ST. 1983-1 WE�tEAS. Resolution No. 6�-1983 acbpted on the lOth day of January. 1983, by the Cit;Y Co�u�cil, set the date for hearing on the proposed in�prwements t66th Avenr�e N.E.) as specifically noted in the Notioe a� Hearing attached thereto fo�r reference as Eychibit "A", and, WHEREAS. ��11 of the property owners whose property is liable to be nssessed with the making of these improvements (66th Avenue N.E.)(as noted) in said notice) were given ten (10) days notice by mail and published notice of the Council Aearing through two (2) weekly publicatia�s of the required notice, and the hearing was held and the pro�perty a�mers heard thereon at the hearing as noted in said notioe: and WF�2EAS. ti�e FYidley Housing and Redevelopment Authority has requested vertain improvenents (64th Avenue N. E. and City Hall Parking Lot) and � agreed to F�ayment of the assess�ents for these ir�rovenents and Resolution No. 11 - 1983 ad�pted by the City Camcil of the City of FricIIey approved these irc�r cyvenents, WHIItEAS, R�solution No. - 1983 acbpted by the City Council of the City of FYidley or3ered all of these i�rwenents. NOw, �FRE�FORE, BE IT RESOLVID, by the City Council of the City of Fridley, An►oka County, Minnesota as follaus: 1. Zhat the follawing im�rovenents proposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possib�le, to-wit: Street Imixavements, including grading, stabilized base, hot-mix bituQninous mat, concrete curb and gutter, sidewalks, storm sewer systen, and other facilities located as follows: City Rall Parking Lat 64th Avenue N. E. Street 66th Ave�ue City Aall tfiiversity Avenue Service Drive to 5th Clentral Avenue to 900 Feet East That the w��rk involved in said improvements as listed above shall hereinafter be included as part �: S�tEE,T IMPROVFIM1�3�1T PR47DCT ST. 1983-1 2. �e plans and specifications prepared by the Public Works Director for such improvements and each of them, pursuant to tiie Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with the City Qerk. ' ' l�age 2 — R�esolutiori — 1983 The Public Works Director shall accordingly prepare and cause to be inserted in the afficial newspaper advertisenents for bi ds upon the making of surh i�rovenents ta�der such appro�veci plans and specif ications. The advertisenent shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that bids will be cQened and o�nsidered at I1:00 a.m. an the 22nd day of Narch 1983 in the (buncil Chambers of the City Aall, and tha no bids will be consic3ered �mless sealed and filed with the Public Works Director. arxi acoompanied by a cash depo�sit, bid bond, or aertified check payable to the City for five peroent (58) of the a�nount of suci� bid. �at the advertisement for bids for S�2,EET IMPROV�NT PRQ7ECT ST. 1983 shall be substantially in the stanc3ard fc►na. PASSID AND AU�PTID BY �4iE CITY �tTNC.II� OF Z�E CITY OF FRIDLEY THIS DRY OF �, 1983. WII.S.IAM J. NF.E - MAYOR ATPEST: SIDNE'Y C. II�11�N - CITY Q�tK I7/7 � 20 A � '.r: � 1 i• • • T'T'i • ;.�• � r � • � :�• � • � �• �.� • •r �� : � : � :1' � � '11 :ti 1 � • ' ��� �. �: }I' : • ' . �' :�: 1 1• • • } i:� '•• � �r ' • :t �F'AS aertain imQravements, including grading, stabilized bnse, hot-mix bit�aninous mat, ctincrete curb and gutter, sidewalks, sewer, �ter, stocro sewer and other facilities, located as follcws: Sth Street: 63rd Avenue to I�lississippi Street are hereby orc3ered to be effected and completed as soon as reasonably possible. Wf�tEAS, pursuant to resolution af the oouncil adopted February 7, 1983, a report has been� prepared with reference to the fmprov�nent, and this report was reoeived by� the c�uncil �ebruary 7, 1983s NOW, �iIItF.�URE, BE IT R�VID, by the City Council of the City of Friclley, Anoka Coin�ty, Mtinnesota as follcws: l. ZY�at the iaq�ravenent af Sth Street from 63rd Avenue to Mississippi Street is hereby ordered as proposed by Co�a�cil resolutions. 2. 'TY�at this i.mpravenent to be oompleted as a l�unicipal State Aid Street Impravenent Prc►ject. 3. That the ]?ublic Works Director, John G. Flora, City Aall, Fridley, Minresota, is h�ereby designated as the Engineer for this improvement. He shall prepare final plans and specifications for the making of such i�rwenents. PASSED AND ADOF'TID BY 14iE CITY �UNCII. OF �iE CITY OF FRID�,EY �1IS DAY OF , 19@3. W7I.LIAM J. I�E - I�lAY�R ATi'FbT: SIDNE'Y C. Il�II�91A1�� - QTY Q�QtR 17/9 21 F,� . s j 22 •:r:. � i. :• •:c • r. • i• � •.� :• � � i �• •.• > �:. . .,� � . � . ,. : � �•�� f� i• �••� �. y �s -� - �i. ►• s- r•,• r i;� •,� �w : • :c Wl�tEAS. Resolution No. - 19ffi ad�ptec7 by the City Oo�mcil c� the City of FYidley �ordered all of these i�ravenents. 1�7W, �IEREFORE, BE IT RESOLVID, by the City Council of the City of Fridley. Anoka Camty. Minnesota as follaws: 1. �at th�e follvwing inQzavenents praposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possible, to-�wit: Street Improvements, including grading, stabilized base, hot-mix bitumin�ous mat, concrete curb and gutter, sidewalks, storm sewer systen, and other facilities located as follows: Sth Street 63rd Avenue to Mississippi Street 2. ZY�at the work involved in said improvements as listed above shall hereinafter be included as part af: STRF.�T I1�4tOVfl�1T PRCUDLT ST. 1983-2 3. Zt�e plans and specifications prepared by the Public Works Directoz for such improvements and each of them, pursuant to the Council resolutions hereto�ore acbpted, are hereby appcovec9 and shall be filed with the City Qerk. 4. �e work to be performed under MIJNICIPAL STATE AID S�tF.ET IMPROVEMENT PROJDCT� 1983-2 shall be performed under one o�ntract. z 5. R�e Pub�lic Works Direct� shall acc�rdingly prepare and cause to be inserted in the o�ficial newspaper advertisements for bids upon the makingi of such improvements under such approved plans and specifications. �e advertisement shall be published for three (3) weeks (at least 21 days) , and shall specify the work to be done and will state that bicis will be apened and considered at 11:00 a.m. on the 22n�d day of March 1983 in the Cau�cil ��.�nbers of the City Hall, and tha.t no bicls will be oonsiderec] unless sealed and f iled with the Public Works Director, and aco�ompanied by a cash deposit, bid bond, or oertifi.ed check payable to the City ai F`ridley for five percent (5$) of the aano�uzt o� such bid. �sat the advertisenent for bicis for S'�tF.ET D�VEr�NT PR47DCT S'r. 19ffi-2 (I�SAS) ehall be substantially in the form as� that noted in Exhibit 'B'. , Page 2— Resolution No. �. — 1983 6. �at t]�e inpravenent o� Sth Street from 63rd Avenue to Mississippi Street as pcoposed by Council Resolution is appcwed. PASSED AND ADOP!'ID BY �IiE CITY �[7NCII, OF T8E CITY OF FRIDLEY THIS nAY OF _, 1983. WII�LIAM J. I�E - M�YUR 1,ZTF�T: SIINEY C. ]�IIyI�N - CITY Q.EEtFC 17/10 22 A � ��e�._-� RFSt7ii,�lION ORIERIl� ABD FIHAL PZAIiS 1WD SF'B(:IFIG►TIONS 1� B�TIl�TPS OF Cn6TS '�OFt S'�iSLT D�'Fl01�H+�T! P�I,U�.T �. b'r. 1963-4 i�tFAS, Re,solution No. 10-1983 adapted on the lOth day of January, 1963, the City Couricil, set the c3ate for hearing on the proposed improvements (Osborne Roaii Sidewalk) as specifically noted in the Notioe of Aearing attached there�to for refera�ce as Exhibit `A', and, w�it:REAS► all a�f �e progerty owners whose property is liable to be assessed with the roaking of these ir�provenents (Osborne Road Sidewalk) , as noted in said notiae, w�ere given ten (10) days notic�e by mail and published notioe of the Council flearing through two (2) weekly publications of the required notiae, and the hearing was held and the property awners heard thereon at the hearing as noted in said notioe. �� ���RE�► � TT R�VID, by the City Council of the City of Fridley, Anolca Co�ty. 1�linnesota as folla,is: 1. �at the follaaing i�rwenents pcapoeed by Co�a�cil Resolution No. 9-1983 are hereby ordered to be effected and completed as soon as reasonably possible, to-w�it: Street Improvenents, including grading, stabilized base, hot-mix bituvninous nat, ooncrete curb and gutter, sic3ewalks, storm sewer systen, and of�er facilities located as follaws: Osborne Raad Sidewalk T.B. 65 to Central Avenue 2. �at the work to be performed under this project may be performed under one or more oontracts as may be deened advisable upon reoeipt af bids. 3. That the Public Works Director, John G. Flora, City Ball, Fridley, Minnesota, is',hereby designated as the Engineer for this improvement. He shall prepare� final plans and specifications for the making of such inQravenents. PASSED AND AL10;PrID BY 7� CITY CUUNC� OF '1�1E CITY OF FR�EY 74�1IS DAY OF , 1983. WII.LIAM J. I�E - I�IYOR l�'t'1'FST: SI�'Y C. II�f�lv - QTY Q,�tR 17/13 23 � �;. � �. �. ��:� �sc� a�n� x� �ovr� aF �s � ORI)1�RIl� P►17VffitTLSF�iEN'P PpR BIL�: STitEET IMPBOVEMBNT �urecr l�u. bT. 1963-4 i�tEAS, Resol:ution No. 10-1983 adopted on the lOth day of January, 1983, the City Couricil, set the date �or hearing on the proposed improvements �Osborne Roai9 Sidewalk) as specifically noted in the Notioe of Hearing attached thererto for reference as Exhibit 'A", and, �EAS, all c►f the praperty o�wners whose property is liable to be assessed with the makin�g of these i�ravenents (Osborne Road Sidewalk) as noted in said notioe, w�ere giiven ten (10) days notiae by mail and published notice of the Council Hearin�g throuc� two (2) weekly publications of the required notice, and the hearing was held and the property awners heard thereon at the hearing as noted in said notioe; and Wt�'�EAS, Resolution No. - 1983 ad�pted by the City Oamcil of the City of Fridley ordered all of these i�ravene�ts. ADW, 7AERF.FORE;, BE IT RFSCLVID, by the City Council of the City of Fridley, Anoka Co�a�ty, Minnesota as follaws: 1. 7�,at the follawing ircpravenents proposed by Council Resolutions are hereby ordered to be�effected and oanpleted as soon as reasona4ly possible, ba-wit: Street Improvenents, including grading, stabilized base, hot-mix bit�mir►ous mat, ooncrete curb and gutter, sidewalks, stotm sewer systen, and other facilities located as follaws: Osbo,rne Raad Sidewalk T.H. 65 to Central Avenue �at the work ;involved in said impravenents as listed abave shall hereinafter be included as part af: S�2F.E.T Il�'RW�I'T PRCUDCI' ST. 1983-4 2. The plans and specifications prepazed by the Anoka County Aighway Depart�nent for suci� i.m�ravenents and each of them, pursuant to the Council Resolutions he;reto�ore adopted are hereby apprwed and shall be filed with tiie City Qerk. 3. �e Anoka �^o�a�ty Aighway Depart�nent shall prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such i�rave�nents �n�der su� appraved plans and specifications. �e advertisement shall be publi:��ed for three t3) weeks tat least 21 days) , and shall specify the work to be done and will state that bids will be apened and considered by the Anoka Co�uil:y Highway Department at 10:00 a.m. on the 12th day of April 1983. PASSID AND A�OI?I'ID BY �1E QTY Q7UNCII� OF 'i4iE CITY OF FRI�.E.'Y '�iIS DAY OF , 1983. WII.LIAM J. l�E - MAYOR AZTFST: SItNEY C. Il�4+l�,t�� - QTY Q�tR 24 1tB.S0[.0?IO/ �0. _ - 1983 t�1BSOL0?IOa IPPSOQIAG 1 SIIBDIYI30�, LO? SPLIT. L.S. •82--07 BBZ�iSBH 06BOR118 BO/ID 1. B. uD B�IGADOOH PL�CB ■. B. WHEREAS, the (:ity Council approved a lot split at the December 20th, 1982, aeeting, and YiiEREAS, sucii approval vas for the South 118.0 feet of Lot 21, Block 2, Spring Lake Pa►rk Lalceside, and ifHEREAS, �uch approval will allo� the eonstruction of a residential structure at 7675 Brigad�oon Place N.E. by a future buqer. �dW, TEIEREFORE, BE IT RESOS,.VED, that the City Council directs the County of Anoka to record this Lot Split Within �iz months of this approval or else such approval shall be null and void. PASSED AND AI>OPTED BY THE CITY COIINCIL OF TaE CITY OF FRiDLEY THIS 1983. IiILLIAM J. I�IEE - MAYOR ATTFST: SIDNEY C. INMAIN - CITY Q,ER� 2/ 2/ 9/ t 25 � N.C. NOlUIM AND ASSOCIATES, INC. P, 0. 80X 3302E�— COON RAPIOS � MINN. 55433 CERTIFICATE OF SUFtVEY: DENNIS MORLEY 1-S•F FAC � a � AaTw��S � � , ,i I � I �I �� i I� � e. r� 7 ��: v � I G O P ��►T� .- 99.85 MEas r � ; 1 � ' ` �i _� . � � � o � ao m �� i :- I O O P �AT 99.8-r MEAs 1� i� i� �:. �RIGAT�OON .I � / � LANOSURVEYORS Telephone 421-7822 0 0 � � � `, S�F i �'f�� � �• � _ __ � �, -�� O� �ri � ��� I, — —V PL �c E � N E, The South 118.00 feet �f Lot 21, Block 2, SPRING LAKE PARK LAKESIDE, Anoka County, Minnesota. Subject to road easement over the South 25.0 feet thereof . L5 H �J' CALE % I" = 30' 5599 - 2 32/50-51 —Q DENOTES �RON I 1 MEREBY CERTIFY TIMAT THiS IS A TRUE ANO CORRECT REPRESENTATION OF A SURVEY OF TME 80UNOARIES OF TME ABOYE CESCR{41ED LAHC, AHD THE LOCATION OF ALL BUILCINGS, TMEREON, AND ALL VISIBLE EN- CROACHMENIS, IF ANY, FROM OR ON SAID LAND. AS SURVEYED BY ME TMI:i.....14th......OAY OF ......... February ...................A.D. 19..83........ N.C. 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' �R�R mAx. � L � G p�E i i + � sS.'S ; i rr �00' �.s. ,rs�-25 C � �i L �PG� c�� %��': :' i��� : L �-� � l ,��1 � � . �'prin luke, %��✓� � , L u k � ��� �C C�Gvh Pr'S : . ��ri��%��� �`,�• �.�,,. /'Z%; r /E'c� � 25 � R�..O C s7 e« �"� P%• � UT��.i1; �ASE�1;�;/:ir Scu �e, � r= �� / � / 2��8 Z � FOR CONCUF�RENCE BY THE CITY COUNCIL - APPOINTMENT Februar_y 28, 1983 NAME POSITION Leon t•tadsen Ci ty 561 Ri�ce Creek T�errace Assessor Fridley, MN 55432 0 EFFECTIVE SALARY DATE �30,100 February 1, Per . 1983 Year 26 REPLACES Shift of responsibility from Appraiser to City Assessor to replace Mervin Herrmann Position of one Appraiser eliminated FQR CONGURRENCE BY THE CITY COUNCIL - C LAII"S CL�I�� ���'�BERS 04550� - C542�2 27 FAR CONCURRENCE 8Y THE CITY COUNCIL — �j�i$�$ Febru�iry 28, 1983 . _ . Type of License: � Approved By: Fees: Food Establishment Moon Plaza Restauran�t Ahmed M. Samaha Steven J. Olson •� $11.25 6215 University Ave.N.E. Health Inspector Fridley,Mn. 55432 f ' Cigarette Moon Plaza Restarant Ahmed M. Samaha James P. Hill $12.00 6215 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 0 • 1 �� � F.OR CONCURRENCE 8Y THE CITY COUNCIL -��S� 2g A February 28, 2983 GIIVERAL �ONTRAC.'TOR • APPROVED BY E2der-Jones Inc:. •1120 East 80th Street DARREL CLARK Bloominqton, I�I 55426 $y: David Goodelmont Chief Bldg. Ofc. �e Balluff Cbmpany ' . 10920 Wayzata F3aulevard • DARREL CLARK !linnetonka, I�i 55343 By: Ji.m Balluff Chief Bldg. Ofc. TEW Homes Inc. 15052 Bass Laki� Road DARREL CL�,FtK Maple Grove, t�1 55369 By: Thomas Williams Chief Bldg. Ofc. $ IC�1 ERECTOR Thomas Sign Oo. Route #1 • DARREL CLARK Clearwater, l�i 55320 By: Thomas Legro Chief Bldg. Ofc. 0 FOR CONCI�RRENCE BY THE CITY COUMCIL - ESTIt,�TES Herrick & Newman, P.A. 6279 University Avenue N.E. Fridley, MN 55432 For legal s��rvices rendered as City Attorney for the monith of January, 1983 Smith, Juster, F�eikema, Malmon & Haskvitz 1250 Builders Ex��hange Building Minneapolis, MN 55432 For legal s�ervices rendered as City Prosecutor for the month of January, 1983 E. A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Professional Services, January, 1983 Moore Lake Restoration Project Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 Partial Est.imate #3 Sewer and Wlater Project #137 �2,869.60 $4,850.00 �1,090.19 �► r�, 09q .� $7,009.35 29 29 A sTATEMENT SMITH, JUSTER, FEIKEMA, MALMON A MASKV172 ATTORNEVS AT U1W 1250 9UILOERS fXCHANGE OtOG. MINNEAWJLIS. MINNESOTA SS�02 37*l��] SUBURbAN OFFICE FRI�LEV �City of Fridley , 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, . �_ City Manager � CJN...... ...�.« ...�.........,,.. .«.. ....... pATE � SAU►NCE FORWARDED FROM. LAST STATEMENT 2-09-83 For legal services rendered as Prosecutor for the City of Fridley during January, 1983. Represer�tation of City of Fridley in court 1-04-83 (Anoka); 1-06-83 (C.N.); 1-11-83 (Moka); 1-13-83 (C.H.j; 1-17-83 (Anoka); 1-18-83 (Moka); 1-25-83 (Anoka); 1-27-83 (C.H.) and 1-31-83 (Anoka) for 1 jury trial, 191 pre-jury trial conferences and 56 courit trials and 21 gross misdemeanor hearings. (61.5 hours). Preparation of 80 forrtwl complaints, 14 forrnal gross misdeme��nor criminal cor�laints and 2 office conferences. (28 hrs Preparation of Appeal Brief - No. 1 Health Club. (3 hrs) Prosecutors Meeting - Coon Rapids (1-20-83) (1.5 hrs.) TOTAL TIME (94.0 hours) " January, 1983 Retainer s1,650.00 51,650.00 Time in Excess of Retainer- 3,200.� 54,850.00 (64 hours) SMITM, JIJSTER, FEtKEMA, MALMON i MASKVIT2 �r�M«�.s �� u�