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02/07/1977 - 5679JANET KONZAK ADMINISTRATIVE ASSISTANT RE(;ULAR COUNCIL MEETIPIG 0 FEBRUARY 7, 1977 THE MINUTES OF THE REGULAR ME[TING OF TtiE FRIDLEY CITY COUNCIL OF FEQRUARY 7, 1977 The Regular Meeting of the Fridley City Council of February 7, 1977 was called to order at 7:35 p.m. by (•layor Nee. PLEDGE OF ALLEGIANCE: t1ayor Nee led the Council and audience in tY�e ?ledge of Allegiance to the Flag. ROLL CALL: f�1Ef9�ERS PRESENT: Mayor IJee, Councilwoman Kukowski, Councilman Schneider, Councilman Hamernik and Councilinan Fitzpatrick ME��IBERS ABSENT: iJone APPROVAL OF t�INUTES: REuULRR iviEETING OF JAh4UARY 17> 1977: P•10TION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilwoinan Kukowski. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. SPECIAL (�EETTNG OF JANUARY 24, 1977: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniroously. ADOPTIO�J OF AGEfJDA: Councilman Schneider stated he wou�d like to add an iter.i under "fdew Business," that being "Consideration of a Stop Sign on 7th Street in the Area of 57th Avenue." �layor Nee reyuested that the letter from Sprinybrook (�ature Center and the re�ort on the tree spade proposal be added at the end of the agenda under "fJew 6usiness." P10TJOPJ by Councilwoman Kukowski to adopt the agenda with the above three additions. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor IVee declared the motion carried unanimously. OPEN FORUP4, VISITORS: There was no response from the audience under this item. OLD L�USINESS: ORDINANCE N0. 629 - ESTAE3LISHIfJG Atd INDUSTRIAL USER STRE�dGTH CHARGE Ifd ADUITIOid TU THE CHARGE 6ASED UPOP! THE VOLUPiE OF DISCHARGE 6Y AfV Ii�DUSTRIAL USER AND E�7AiiLISHI�JG Afd INDUSTRIAL USER STREidGTH CHARGE FGRf�1ULA FUR THE CO(1PUTATION THEREOF TO RECWER OPERATION A�D ��1AIN7EIJAfdCE COSTS OF tJASTE TREATMEPdT SERVICES ATTRI[3UTABLE T�� THE STRFIduTH OF THE DISCHARGE OF I�JDUSTR_IAL WASTE INTO THt SE'�dER SYSTEM AND ESTABLISHi�dG P-�OTION by Councilwoman Kukowski to waive the second reading of Ordinance i�o. b29 and adopt it on the second reading, and publish. Seconded by Councilrnan Schneider. Upon a voice vote, all voting aye, t4ayor Nee declared the motion carried unanii,�ously. i i � � 0 i I '1.:� i. L . {2EGULAR COUNCIL MEETING OF FEQRIlARY 7, 1977 PAGE 2 ORDINANCE N0. 630 - AMENDING CfiAPTER 113 OF THE FRIDLEY CITY CODE OF THE CITY OF �RIDLEY ENTITLED REFUSE DTSPOSAL: ��OTION by Councilman Schneider to waive the second'reading of Ordinance No. 630 and adopt it on the second reading, and publish. Seconded by Councilman Han�ernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 631 - AMENDING CHAPTER 115 OF THE FRIDLEY CITY CODE ENTITLED SWIMMIfJG POOLS: - MOTION by Councilman Hamernik to aaaive the second reading of Ordinance No. 631 and adopt it on the second reading, and publish. Seconded by Counciiwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF A STOP SIGN AT 7TN STREET IN THE AREA Of 57TH AUENUE: Councilman Schneider stated that from the radar study, he felt there is a definite speed problem in this area, and residents should be offered some alternative to deter speeders. He suggested stop signs be installed on ?th Street in the area of 57th Avenue. There was a question on where the children from Parkview School were requested to cross; and Mrs. David Engstrom, 510 57th Avenue N.E, stated she believed they are instructed to cross at 57th. MOTION by Councilman Schneider to direct the City staff to inquire of the School , Board if they wish to use 7th Street at 57th as a school crossing and if so, stop signs should be installed at this location or otherwise install the stop � signs at the service drive at Hwy. 694 and Jth Street. The stop signs to be installed no later than May 15, 1977. Seconded by Councilman Hamernik. Upon a ' voice vote, all voting aye, Mayor Nee declared the n;otion carried unanimously. Mr. Jerome Cichosz, 505 57th Avenue N.E., stated 'ne felt all vehicles should be j taqged that are exceeding the 30 miles per hour speed limit. I CONSIDERATION OF FIRST READING OF AN ORDINANCE Ah1EN0ING CHAPTER 211 OF THE FRIDLEY fTTV rnn� o�pTnrnirnir_ rn �iiRi rr nornc rno i nnin ciionriiTCrnni CONSIDERATION OF POLICY STATEMENT ON PARK FEES FOR LAPID SUBDIVISIONS: Mr. Dick Sobiech, Public Works Director, stated this ordinance is before the Council for consideration of first reading to change the land dedication for industriai plats as required under the platting ordinance. A develtiper felt the required 10% of land to be dedicated, when platting industrial property was inequitable, and should be less than what is required for residential plats. It was the contention that industrial properties would not widely use park facilities as much as residential developments. Mr. Sobiech stated, after researching other communities, it is recommended the ordinance be changed to require only 3% of the gross area of commercial or industrial zoned property to be subdivided be dedicated instead of 10� as required for residential developments. Mr. Sobiech stated to ensure the developer would, in fact, notify his potential buyers if a park fee was due, a"Policy Statement on Park Fees for Land Subdivisions" was recommended. � � The City Attorney stated, under the State platting statute, the City is given explicit { authority to charge a park fee and felt all commercial and industrial property should ! be treated alike whether or not they plat the property. Ne stated direction should be from the Council on a policy regarding the park fee in relation to platted or Unplatted praperty. This however, is not part of the ordinance the Council is naw considering. i Councilman Namernik questioned if this park fee would pertain to plats that have � already been platted. The City Attorney stated it was the intention to apply only ; to new plats. � MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon j first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. . � - - ---- — -- -- �.. � � � � � � i � ��1 REGULAR COUNCIL MEETING OF FEQRUARY 7, 1977 PAGE 3 MOTION by Councili7an Fitzpatrick to adopt the policy statement on park fees for land subdivisions. Seconded by Councilwoman Kukowski. Councilman Hamernik felt the policy statement should be a+nended to indicate that it applies only to new plats adopted after the effective date of the ordinance. MOTION by Councilman Hamernik to amend the policy statement to include wording that this applies only to new plats adopted after the effective date of the ordinance. Seconded by Councilman Fitzpati°i�k. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTF on the main motion, as amended, Mayor Nee declared the rnotion carried unanimously. MOTION by Councilman Fitzpatrick to direct City staff to prepare a draft ordinance which would provide for col]ection of park fees on land that already has been platted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried u��animously. CONSIDERA7ION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST, ZONING ORDI N10TION by Councilinan Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDIiJANCE FOR ZONING REQUEST, ZONIidG ORUINAI�tCE AMENDME(JT ZOA #76-07, BY ROBERT SCHROER, TO REZOiVE TNE AREA BETblEEld 77TH AND 79TH AVENUES ON THE EAST SIDE OF RANCHrRS ROAD FROf� hi-2 TO M-l: P1CTTON by Councilman Hamernik to waive the reading and apprcve the ordinance upon first reading. Secunded by Councilman Schneider. Upon a voice vote, all votiny aye, Mayor Nee declarAd the motien carried unanimously. ' CONSIDERATION OF FIRST READING OF AN �RDINF�NCE RELATING TO THE SA!_E OR EXCHANGE OF REAL ESTATE OI�NED BY THE CITY TO THE COUPdTY_OF ANOKA: � The City Manager, Mr. Qureshi> stated the Council on October 4, 1976 approved the P+lemorandum of Understanding relating to the transfer of property between the City and Anoka County. Section 12.Ob of the City Charter requires the sale of City property be authorized by ordinance and this ordinance will satisfy the legal requirements of the City Charter. MOTIOf4 by Councilrnan Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND SECTION 3.01 OF CHAPTER 3 OF THE FRIDLEY CITY CODE EfdTITLED PERSONPlEL: Mr. Qureshi, City P�anager, stated this amendment is requested in order to clarify that this section of the code does not relate to union employees as they are covered under the union contracts. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; RECEIViNG THE MINUTES OF THE PLANNING COMMISSIOIV MEETING OF JANUARY 19> 1977: The Counci] received these minutes and considered the following items: � � I � ; REGULAR COUNCIL MEETING OF FEBRUARY 7, 1977 TARGET ADDITION> P.S. #76-12: `� � `� PAGE 4 The Planning Commission recommended approval of Pr.oposed Plat P.S. #76-12, Target Addition, to replat all of Lot 10, part of Lots 11 and 12, Auditor's Subdivision No. 155 and it is required the Council schedule a public hearing. MOTION by Councilrnan Schneider to set the public hearing on Proposed Plat P.S. �76-12, Target Addition for March l4, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested information at the time of the public hearing on the traffic plan which Mr. Sobiech stated would be available. POP SHOPPES OF AMERICA, INC. SP �76-16: Mr. Sobiech explained this Special Use Permit is requested in order to permit the bottling of soft drinks and retail sales on Lot 10 and parts of Lots 11 and 12, Auditor's Subdivision No. 155. He stated they would compare this operaiion with a dairy operation and, therefore, a special use perinit would be required. This request for a special use permit is related to proposed plat, P.S. #76-12, Target Addition, since the Pop Shoppe would be located on the property covered in P.S. #76-12. Mr. Sobiech stated the Planning Commission recommended approval with the stipulation that the intent of the letters of agreement between the Embers and Dayton Hudson be followed. Councilman Fitzpatrick stated he cannot see the analogy to a dairy operation and has reservations about a bottling plant at this location. He felt the Pop Shoppe would generate more traffic and there is already a traffic probiem at this location. Mr. Dean Thompson, representing Pop Shoppes of America, explained they do not have a fleet of route trucks and about five retail outlets would be supplied from this location, with the trucks at the site twice a day. The other truck traffic 4iould be supplies being delivered about once a week and some once a month. He felt their operation would not generate heavy truck traffic. Mr. Thompson submitted a sketch of their store in Toronto, Canada and the site plan was reviewed on the amount of space to be used for manufacturing and warehousing. He also stated they will employ about 10 persons. Councilman Schneider also shared Councilman Fitzpatrick's concern about the traffic and Mayor Nee stated the traffic problem should be solved and felt any operation put in this location will generate traffic. Mr. Bob Pace, representing Dayton Hudson, felt the Pop Shoppe operation would not generate an excessive amount of traffi.c as they felt persons who normally patronize the Target store will also patronize the Pop Shoppe. Mr. Pace stated he felt the location at the north end of the Traget store and the center aisle proposed in the traffic pattern would alleviate some of the congestion. Mr. Qureshi, City Manager, stated if the Council wished to give concept approval, he felt there has to be a traffic flow study and landscaping would be required. Mr. Thompson asked if he could get an indication fro�n the Council if they would be in favor of this special use permit. MOTION by Councilman Schneider to grant SP �76-16 for Pop Shoppes of America, Inc. subject to the approval by administration of the landscaping and traffic flow patterr�sand on the condition that the Target Addition plat, P.S. #76-12, is approved. Seconded by Counciiwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 0 I 1 _ �_ I 0 I � 2` � REGULAR COUNCIL MEETING OF FEaRUARY 7, 1977 PAGE 5 PURCHASE ELECTRONIC RECORDER FOR USE IN COfJJUNCTION WITH "[3ABY" (C.P.R.): The Planning Commission at their meeting on January 19, 1977 has recommended the purchase of an electronic recorder to be used in conjunction with the "baby" for the Cardiopulmonary Itesuscitation Programs. The cost for the recorder would be about $900 to a1,100. Councilwon�an Kukowski stated she be]ieves what is needed is an "Annie" and not the "baby" as the "Annie" has been rebuilt several times. Mr. Alex Qarna, 560 Hugo Street N.E., feels the equipment would be well used in the Fire Department and in training citizens of Fridley in Cardiopuimonary Resuscitation Programs. He encouraged the Council to purchase the necessary equipment. N;ayor Nee stated he would like a report from staff on exactly what is needed. MOTION by Councilwoman Kukowski to support the Planning Commission's recommendation to purchase an "Annie" with a recorder and appropriate the money from the Council Reserve for approximately �1,700. Seconded by Councilman Fitzpatrick. Councilman Hamernik felt when this matter was discussed at the January 3, 1977 meeting they should have looked into getting the optimum piece of equipment for the Fire Department. He indicated he felt the City supplied an obsolete piece of equipment to Anoka County. Councilwoman Kukowski stated she felt Anoka County approached the cities for a donation for an amount they felt would be considered by Council; and that if a recorder was requested, this may not have been approved because of the cost for this equipment. The City Manager, t+1r. Qureshi, suggested th�s item be tabled and that a represen- tative from the Fire Department could supply additional facts and information to the Council. MOTION by Councilman Hamernik to table this item until administration has a chance to make a formal proposal. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COtdMISSION MINUTES OF JANUARY 11, 1977: The minutes of the Appeals Commission of January 11> 1977 were received by the Council and the followiny item was considered' D. & L. WHITE, 7736 ALDEN WAY N.E.: Mr. Sobiech explained this is a request for a variance of the Interim Development Regulations for the Mississippi River Corridor Critical Area, Section G, 4(B, 2), to reduce to 55 feet, the requirement that in urban developed districts, no structure or road shall be placed no less than 100 feet from the normal highwater mark of the river, and no less than 40 feet from bluff lines. The variance is requested to allow construction of a dwelling and garage on the southeasterly 25 feet of Lot 13, ald all of Lot 14> alock 5, Pearson's Craig��ay Estates Second Addition, the same being 7736 Alden Way N.E., Fridley. Mr. Sobiech explained in keeping with Section J, 3, of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the City may grant a variance from the strict compliance of the setback of the interim regulations after an administrative hearing is conducied and after certain findinys are made. The Appeals Commission, after a public hearing, has recummended approval of the variance. s 4 � REGULAR COUNCIL MEETING Of FEBRUARY 7, 1977 cr .} i� . � i �PAGE 6 � MOTION by Councilman �itzpatrick to concur with the recoinmendation of the Appeals Commission and grant the variance of the setback requirements of the Interim Development Regulations for the Mississippi River Corridor Critical Area at 7736 Alden Way N.E. based on the findings of fact that the criteria for granting this variance is in keeping with Sec,tion J, 3, of the Interim Development Regulations for the Mississippi River Corridor Critical Area. Seconded by Councilman Namernik. llpon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATU COMMISSION MEETING OF JANUARY 4, 1977 AND CONSIDERATION OF ORDINANCE REVISIONS: MOTION by Councilwoman Kukowski to receive the minutes of the CATV Cominission meeting of January 4, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Cable TV Commission proposed amendments to the CATV Ordinance, Chapter 405. MOTION by Councilman Fitzpatrick to table the proposed amendments and forward the proposed amendinents to CF�TV Commission for further clarification. Secondea by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF NOVENIQER 16, 1976: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission ' meeting of November 16, 1976. Secunded by Councilman Hamerr�ik. Upon a voice � vote> a11 voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A JOINT MEETING WITH THE PLA�NIi�G COMMISSIUN REGARDING MAINTEiVANCE CODE: Mayor Nee polled the Council regarding their rzaction to a joint meeting with the ; Planning Commission regarding the Maintenance Code. � � All Councilmembers felt such a meeting would be in order and requested it be scheduled for Wednesday, February 16, 1977 at 7:30 p.m. CONSIDERATION OF REQUEST FOR FUNDING BY SUBURBAN COMMUNITY SERVICES: Mr. Qureshi, City Manager, explained this request for funding for Fridley Senior Citizens and stated the program would essentially be the same as in the past. M07ION by Councilman Hamernik to concur with the administration's recommendation and support t+?e Suburban Community Services in the amount of $2,000 wi±n nlans for the City of Fri�ley to provide the services after September 1, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, i�layor yee declared the motion carried unanimously. CONSIDERATION OF WAIVER OF RECREATION PROGRAM FEES: MOTION by Councilman Schneider to adopt ihe pr000sal submitted 'oV admir.istration on the waiver oz recreation prograrn �ees. Seconded by Councilwoman Kukowski. Ur,on a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS f,C�ID A1�1,4RDIP�G CO�TRACT FOR ELECTRICAL POWrR SYSTEM 180 KW DIFSEL DRIVEN SiAPJD�'�' GEidERf�TOR �3ID OPEfJIPdG i/2o/77 : The following bids were received for a 180 KW Diesel Driven Standb�� Genera.tor: Cummins Diesel 2690 Cleveland Ave. N. St. Paul, �l?; $31,925.00 Flaherty Equipment 2525 Eranklin Ave. E. Mpls., MN $25,23n.00 � �I � � � � � I I � � i � � i � l� � � �� I �I � ._. � I - � ..� . I i ; 2 � �7 REfULAR COUNCIL MEETING OF FEBRUARY 7, 1977 PAGE 7 Interstate Diesel 2501 East 80th Street Mpls., MN $29,7�0.00 Jeffco POW2r System 1Q5 Glenwood Ave. No. Mpls., MN $23,924.00 Katoiight Corp. Box 3229 Mankato, P�1N $26,97�.00 It was recommended the low bid of Jeffco Power Supply Company be accepted. MOTION by Councilman Fitzpatrick to award the contract for an electrical power sysiem 18Q K4! diesel driven standby generator to Jeffco Power Supply Company in the amount of �23,924. Seconded by Counci'man Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. RESOLUTION N0. 8-1977 - AUTHORI7ING SIGNIPd� AN AGREEMENT ESTA6LISHING WORKING CONDITIONS, WFlGES AND HOURS FOR CERTAIN EP�PLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO PUBLIC WORKS AND PARKS : MOTION by Councilman Schneider to adopt Resoluiion No. 8-1°77. Seconded by Counciiman Hamernik. Upon a voice vote, a]1 voting aye, Mayor Nee declared the motion carried unanimous?y. Councilman Schneider complimented the City Manager and staff for the excellent handling of the siivation during the strike. Mayor Nee stated he appreciated the cooperatiori received from ever,yone. RESOLU7ION N0. 9-1977 REQL'ESTING ''HE MIN"!ESOT!+. DEPP,RTMENT 0� TRA.NSPORTA__ TION TO MOTIOfd by Councilman Hamernik to adopt Resolution No. 9-1977. Seconded by Councilwoman Kukowski. Upen a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 10-1977 - REQUESTING THE ANCKA COUNTY COMMISSIOPlERS TO LENC THEIR SUPPORT IN A REQUEST TO MINNUESOTA DEPNRTh1�fJT QF TRANSPQRTATION FOR SIGNALIZATION AT T.H. 47 UhlIVERSITY AVENUE AND b9TN AVENUE: MOTION by Councilman Hamernik to adopt Resolution No. 10-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE;,EIVING PETTTION Nn. 1-1977 REQUESTING IP4PROVEMENT OF STREETS AND UTILITIES IR DELEIER ADDITION: A petition was received for water and sewer latera�s, storm sewer and street surfacing for Lakeside Drive from Onondaga Street to 73'2 Avenue and for 73Z Avenue from Pine Tree Lane to Lakeside Road. MOTION by Councilman Schneider to receive the petition and refer to the City staff for processing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �2ESULUTION N0. 11-1977 - OROEFING PRELIMINARY PLANS, SPECIFICATION� AND ESTIMATES OF THE COSTS THEREOf: STREET IMPROVEP1ENT PRO�ECT ST. 1977-1 P.P�D 2, ADDEtJDUM #2: 'MOTION by Councilman Schne�der to adopt Resolution No. i1-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAF. COUNCIL MEETING OF FEBRUARY 7, 1977 n�7, . .� PAGE 8 ! � ION N0. 12-19�7 - RECFIVIflG THE PRFLIMINP.R'/ 2FppRT ANL' CALLING A PUBLIC ON THE MATTFR OF THE CONSTRUCTION OF CERTAIN I�1PROUl:MENTS: STREET IMPROVE- MOTION by Councilman Schneider to adopt Resolution No. 12-1977. Seconded by Councilwoman Ku!�owski. Uoon a voice vote, all voting a.�e, Mayor fJee declared the motion carried unan�mously. RESOLUTION N0. 13-1977 - ORDER?NG PRELIMINARY PLA�!S, SpECIFIraTIONS AND ESTI"-1F�TFS OF THE COSTS THEREOF: SS & SW �121: MOTION by Councilman Schneider to adopt Resolution No. 13-1977. Seconded by Councilwoman Kukowski. Up�n a voice vote, al1 votinq aye, Mayor Nee declared the motion carried unanimously. RESOWTION N0. 14-1977 - RECEIVING THE PRELIP1INARY REPORT A�!D CF�LLI�dG A Pi7E3LIC HEARING ON THE MATTER OF THE CONSjRUCTION OF CERTAIN Ih1PR0UFMENTS: SS&SW #121: MOTION by Councilman Schneider to adopt Resolution No. 14-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTIOfV by Councilman Hamernik to authorize payment of Claims No. 18690 through 18990. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIi�iATES: Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Services Rendered by City Attorney for January, 1977 $1,302.50 MOTION by Councilman Schneider to approve the estimate as submitted. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 15-1977 - TO ADVERTISE FOR BIDS FOR TRAILER MODEL TREE SPADE: The City Council received a report from the staff indicating a tree transplanting and reforestration program. MOTION by Councilman Schneider to adopt Resolution No. 15-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LETTER FROM SPRINGBROOK NATURE CENTER DATED FEBRUARY 1, 1977 REGARDING USE Of SERVICES OF NATURALIST: The Council discussed the letter received from the Sprinybrook Nature Center. It was generally agreed by Council that the Springbrook Nature Foundation could not use the services of the naturalist, as outlined in the letter, bu� would have to follow the language of the existing agreement. 1 � { I � � � i � � � � � � ' � ; i � �i , � � � � I . � � i � I �I � � � ._ _._ 1 � � �� , ,�s �:, i I_. �- -- REGULAR COUNCIL MEETING OF FEQRUARY 7, 1977 PAGE 9 Mayor IVee �ndicated he would write a letter to the Foundation regarding this matter. ADJOURNMEN7: �40TION by Councilman Hamernik to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 7, 1977 adjourned at 10:C?_ p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William �. Nee Mayor -- ---- — - — - I •MEMO T0: DEPARTMENT HEADS I� � Following are the "ACTIONS NEEDED" by the Administration. Please have your answers in the City Manager's office by Wednesday Noon, February 16, 1977. i� FRIDLEY CITY COUNCIL — REGULAR MEETING — FEBRUARY 7, 1977 — 7:30 P.M, � PLEDGE OF ALLEGIANCE: � � � ROLL CALL: Al1 Present � � APPROVAL OF MINUTES; � � REGULAR MEETING, �ANUARY 1%, 1977 . Approved � $PEC I AL l`�f ET I NG, �ANUARY 24, 1977 � � Approved � � � ADOPTION 0� AGEfdDA: � ' Added: Consideration of Stop Sign on 7th Street Consideration of Tree Spading Proposal , Receiving Communication fram Springbrook PJature Center Foundation 2/1/77 � Setting up Joint Meeting with Planning Commission on the Maintenance Code � � ` � OPEN FORUM, VISITORS: i _ _ r� _-- ___ _- -_-__(CONSIDERATION OF ITEMS NOT ON AGENDA — 15 MINUTES) No Response I_ � _ _ : _ � � I� � � � �� NANCE CITY MGR. � REGULAR MEETING, FEBRUARY 7, 1977 PAGE 2 QLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WaSTE TREATMENT SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIE� AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE � � � � � � � � � . � � � � � � � � � 1 — 1 A �Ordinance No. 629 Adopted ACTION NEEDED: Forward copy of Ordinance and Joint Powers and Agency Agreement to Metro Waste Control Commission. ACTION NEEDED: Publish ordinance � CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 113 OF THE FRIDLEY CITY CODE OF THE CITY OF FRIDLEY IENTITLED REFUSE DISPOSA.L� . � . � . � . � . � � � � � � � � � 2 Ordinance No. 630 adopted 'TY MANAGER ACTION NEEDED: Publish ordinance � • � CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 115 OF THE FRIDLEY CITY CODE ENTITLED SWIMMING P00LS . 3 Ordinance No. 631 adopted TY MANAGER ACTION NEEDED: Publish ordinance ' � � ITEhi �DDED: Consideration of Stop Sign on 7th Street Stop sign to be installed at 7th Street and 57th if it is a school crossing; otherwise they are to be installed at 7th Street and the Service Drive North of I.694. NGINEERING ACTION NEEDED: Contact the school to see if 57th is a schooi stop and install stop signs accordingly. Also check with the school and find out what other school crossings are on 7th Street and discuss with the City Manager. i � � REGl1LAR MEETING, FEBRUARY 7, 1977 PAGE 3 NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING � CHAPTER Z11 OF TNE FRIDLEY CITY CODE PERTAINING TO PUBLIC AREAS FOR �.AND SUBD I V I S I ON � � � � � � . � . . , . . � � � . � � �1 - 4 A � Approved on First Reading ENGTNEERING ACTION NEEDED: Put ordinance back on next regular meeting for second reading. Work with the City Attorney to come up with an ordinance which will provide � a park fee for all new construction or additions on commercial and industrial property. � � CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST, ZONING ORDiNANCE AMENDMENT ZOA #76-06, BY GEORGETOWN MOTEL, INC�, 5600 MAIN STREET, TO REZONE FROM M-Z TO C-Z � � � � � � � � � � . � . . � � � . � � . � . S �- 5 A � Approved on First Reading ENGI�NEERING ACTION NEEDED: Put ordinance back on the agenda of February 14, 1977 for Second Reading � l � � CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #�6-O�, BY ROBERT SCHROER, TO REZONE THE AREA BETWEEN 77-rH AND %9TH AVENUES ON TNE EAST SIDE OF RANCHERS ROAD FROM M-2TOM-1,,,,,,,,,,,,,,,,,,,,,,,,,,6-6A Approved on First Reading ENGINEERING ACTION NEEDED: Put ordinance back on the next regular meeting for second reading � � f I NANCE � � � CONSIDERATION OF FIRST READING OF AN ORDINANCE RELATING TO THE SA�E OR EXCHANGE OF REAL ESTATE OWNED BY THE CITY T0 THE COUNTY OF ANOKA � � . . � � . � � � � . . � � � � . . . 7 - � C Approved on First Reading ACTION NEEDED: Put ordinance back on the next regular meeting for second'reading and advise City Manager of the appropriate action regarding using the money received from Anoka County to defray cost of assessments on the property west of Stinson being acquired from the County. � . � REGULAR MEETI�VG, FEBRUARY 7, 1977 PAGE 4 ��EW BUSINESS (CONTINUED) CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND I� � SECTION 3�01 OF CHAPTER 3 OF THE FRIDLEY CITY CODE � ENTITLED PERSONNEL� � . � . � . � � . � � � � � � � . � Adopted on First Reading NANCE ACTION NEEDED: Put back on next regular agenda for second reading � � � . . � - $ � � . RECEIVING THE MTNUTES OF THE PLANNING COMMISSION MEETING OF �ANUARY I9, 1977 . . . . . . . . . . . . . . . . • . , . , . . 9 - 9 CC , 1� TARGET ADDITION, P�$� #�6-IZ•••••••-•••••••••••••••••• 9' 9C �L�NNING COMM� RECOMMENDATION; APPROVE, SUBJECT & 9V � TO CONDITION �OLINGIL AGTION REQUIRE�: SET PUBLIC HEARING Public Hearing set for March 14, 1977 • GINEERING ACTION NEEDED: ��lake necessary arrangements for public hearing � � � 2 � POP $HOPPES OE AMER I CA, I NC � , $P #%�-16 • • • • • • • • • • • • • 9C - 9I �j_AI�NII�G COMM� RECOMMENDATION: APPROVE WITH STIPULATION �� COUNCIL ACTION REQUIRED: TABLE AND CONSIDER IN : __ ; CONJUNCTION WITH PLAT Considerational approval upon administration approving landscaping and II traffic pattern and subject to the approval of the Target Plat I GINEERING ACTION NEEDED: Work with Pop Shoppes on landscaping and traffic pattern 4� and discuss with City Manager before final approval. � � � . � REGULAR MEETING, FEBRUARY 7, 1977 � PAGE 5 � NEW BUSINESS (CONTINUED) �PLANNING COMMISSION MINllTES CONTINUED) � 3. � � IRE DEPT. � PURCHASE ELECTRONIC RECORDER FOR USE IN CON— JUNCTION WITH aBABY�� (C�P�R��............•....•...•... 9T �JANhIhG COMM� RECOMM�NDATION� PURGHASE RECORDER FOR EDtJCATION OF FRIDLEY CITIZENS �QUNGIL ACTION REQUIRF�: CONSIDERATION OF RECOMMENDATION Table to a future meeting when Administration is to return a proposal ACTION NEEDED: Please prepare a proposal on the purchase of a electronic recorder for the Council's consideration at the February 14, 1977 meeting. I�i� aPPEALS �OMMISSION MINUTES OF �ANUARY 11, 1977 � � NGINEERING � A� D� & �� WHITE, %%36 ALDEN WAY l��E� •••••••••••••• 9W - 9CC APPEALS COMM� R,FCOMM NDATION: APPROVE COUNCIL ACTION REQ_�1��: CONSIDERATION OF RECOMMENATION Variance approved ACTION NEEDED: Inform applicant of Council action. Note an the building permit that the responsiblity for bank erosion control would be the applicants. Also notify them that the City does not plan to do any additional work on the drainage system next to their property. , RECEIVING THE MINUTES OF TNE CATV COMMISSION I�IEETING OF �ANUARY 4, 1977 , , , , , , , , , , , , , , , , , , , , , , , , 10 - 10 T � 1. ■ ENGINEERING , �, _ i �i ORDINANCE REVISIONS �OMMIcctnN REGOMMENDATIOIV: ORDINANCE AMENDMENTS FOR HOUSECLEANING PURPOSES �QUNCIL AGTION REQUIRED: CONSIDCRATION OF RECOMMENDATION Ordinance revision referred back to CATV Commission for further considerat�on AC7ION NEEDED: Bring back for Council consideration at future date after CATV Commission has finished revisions. . � � REGULAR �1EET I NG, FEBRl1ARY 7, 1977 � PAGE �6 '� , NEW BUSINESS (CONTINUED) � . RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF f�OVEMBER 16, 1976. , , , � , , . . � , � � ,,,,,,,.11-11D �� Minutes Received ' NGINEERING ACTION NEEDED: File minutes for future reference , JOINT MEETING WITH PLANNING COMMISSION ON THE MAINTENANCE CODE SET FOR WEDNESDAY, FEBRUARY 16, 1977 AT 7:30 P.M. ENGINEERING ACTION NEEDED: Please make arrangements for a Joint Meeting between the City Council and the Planning Commission I' � CONSIDERATI�N OF REQUEST FOR FUNDING BY SUBURBAN COMMUNITY ' SERVtcES,,,,,,,,,,,,,,<<...,,,,,,,, 12-12E Funding in the amount of $2,000 was approved ARK DEPT ACTION NEEDED: Inform Suburban Community Services of Council's action and , . write a requisition order and c�ive to Finance Department. , ARK DEPT � CONSIDERATION OF WAIVER OF RECREATION PROGRAM FEES� .�..� 13 - 13 A Waiver of Fees approved ACTION NEEDED: Put Waiver or Reduction of Recreation Fees Program into effect � RECEIVING BIDS AND AWARDING CONTRACT FOR ELECTRICAL POWER SYSTEM IgO KW DIESEL DRIVEN STANDBY GENERATOR � � �BID OPEN I NG 1/26/77) , , , . . , . . � . . . . . . . . . . . . . 14 - 14 A , Bid awarded to Jeffco Power System in amount of $23,924 �P�GINEERING ACTION NEEDED: Inform Jeffco Power System of the Council action � � i � REGULAR f�1EET I NG, FEBRUARY 7, 1977 � PAGE �7 � I NEW BUSINESS (CONTINUED) . I� CONSIDERATION OF A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND I' � HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0� ��, � AFL-CIO (PuB�tc WoRKS AND PARKS) , , , , , , , , , , , , , , , 15 - 15 X , Resolution 8-1977 adopted FINANCE ACTION NEEDED: Proceed as authorized I 1 I CONSIDERATION OF A RESOLUTION REQUESTING THE MINNESOI"A , DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNALS AT THE INTERSECTION OF T�H��% �UNIVERSITY AVENUE) AND � 69TH AVENUE � � � � � � � � � � � � � � � � � � � ' ' ' ' Resolution 9-1977 adopted NGINEERING ACTION NEEDED: Proceed as authorize�k. � , , , 16 , C4NSIDERATION OF A RESOLUTION REQUESTING THE ANOKA COUNTY , COMMISSIONERS TO LEND TNEIR SUPPORT IN A REQUEST TO MINN� DEPARTMENT OF TRANSpORTATION FOR SIGNALIZATION AT T�H. 47 i I iUNIVERSITY AVENUE) AND 69TH AVENUE� � � . . � . . . . � . . . 1� Resolution 10-1977 adopted �� ENGINEERING ACTIQN NEEDED: Proceed as authorized j , � �� , I , . � REGULAR MEETING, FEBRUARY 7, 1977 PAGE 8 NEW Bt1SINESS (CONTINUED) RECEIVING PETITION �0� 1-I.9%% REQUESTING IMPROVEMENT OF � $TREETS AND UTILITIES IN DELEIER ADDITION� � � . � � • � Petition received GINEERING ACTION NEEDED: File Petition for reference ,,,18-18A � CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, � PECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET $ IMPROVEMENT PROJECT ST, 1977-1 aND 2, ADDENDUM #2� �.�� Resolution #11-1977 adopted ENGINEERING ACTION NEEDED: Proceed as authorized . � � CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY , REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE� CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT , PROJECT ST, 1977-1 AND Z, ADDENDUM �fZ� � � � � � � � � � � Resolution #12-1977 adopted NGINEERING ACTION NEEDED: Proceed as authorized � CONSIDERATION OF A RES�LUTION ORDERING PRELIMINARY PLANS, ' SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SS&SW #121, , , , , , , , , , , , , , , , , , , , , , , , , Resolution #13-1977 adopted ' ENGINEERING ACTION NEEDED: Proceed as authorized � ' , , 19 , . Zo-z�A . . 21 � �� , .,., . . • - .. . . � ` . , . . . . . _ � � � . 0 � , REGULAR MEETI�lG, �EBRUARY 7, 1977 PAGE 9 NEW BUSINESS (CONTINUED) '� CONSIDERATION OF A RESOLUTION RECEIVI(YG THE PRELIMINARY �. REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF I� THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: SS&SW #121� Resolution #14-1977 adopted I GINEERING ACTION NEEDED: Proceed as authorized i ' NANCE � . , , , 22-zza _ Lrc�rvsES . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23 B Approved as submitted ACTION NEEDED: Issue licenses � � �LA I MS � � � � � � � � � � � � � � � � � Approved as submitted INANCE ACTION NEEDED: Pay claims � , . ,.,,.,,,.,.24 EST I MAT ES � , � � . � � . � � . � � � � � � � � � � � � � . . � 25 , Approved as submitted � FINANCE ACTION NEEDED: Pay claims � CONSIDERATION OF TREE SPADING PROPOSAL Resolution No. 15-1977 adopted-Advertising for Bids ARKS DEPT ACTION NEEDED: Work with Purchasing Agent preparing resolution for publishing in � Newspaper for bids for tree spading proposal - ' I� COMMUt�ICATION FROM SPRINGaR00K NATURE CENTER FOUNDATION DATED FEB. l, 1977 itEQUESTING �� _AFFIRMATIVE STATEMENT INDICATING LEVEL OF ONGOING CITY SUPPORT Communication received and Mayor to respond to Foundation , ADJOURN ' � , FRIDLEY CITY COUNCIL MEETING . �I ' P�EASE SIGN NAME ADDRESS ANQ ITEM NUMBER INTERESTED IN DATE: �ebruary 7, 1977 ,NAME ADDRESS ITEM NUMBER a_-==caa=saaaa=�==aceo=ocococ===cm==c=�-=c=�o===mo==oa===a_saaG�c=�aaaeo�=�=�=aG===-a=sao�==aor. ' � � �� . �.z� �--- � � 5 , �-- � ,�C � z.�,--� �vc � , ' 0 0 � � � �c .:� � �; �� - � ��h �� 'y�" ; �� (�� , • t.. ,� �,/� _ f- �1��U� S /'�X�,� G �G-G FRIDLEY CITY COUNCIL - REGULAR MEETING - FEBRUARY 7, 1977 - 7:30 P.M, PLEDGE 0� ALL.EGIANCE: ROLL CALL: APPROVAL OF MINUTES: } ,.� REGULAR MEETING, �ANUARY 1�� 1977 $PECIAL MEETING, �ANUARY 24, 1977 ADOPTION OF AGENDA: OPEN FORU"i, VISITORS: 0 CCONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) _ ._�- ' � REGULAR MEETING, FEBRUARY 7, 1977 PAGE 2 �1 r 4LD BUSINESS: � CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING �AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE � BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL US�R AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR /, THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT SERVICES ATTRIBUTABLE TO THE STRENGTH ' OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER SYSTEM AND ESTABLISWING TAX LIEN AGAINST PRO�ERTY SERVED IN CONNECTION � WITH SUCH STRENGTH CHARGE� � � � � � � � � � � � . � • . � . . 1 - 1 A � � � ' � � CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 113 OF TNE FRIDLEY CITY CODE OF THE CITY Ofi FRIDLEY ENTITLED REFUSE DISPOSAL� � � � � . � � � � � � � � � � � � � 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER 115 OF THE FRIDLEY CITY CODE ENTITLED SWIMMING POOLS � 3 � � ' REGULAR MEETING, FEBRUARY 7, 1977 . PAGE 3 NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER Z11 OF THE FRIDLEY CITY CODE PERTAINING TO PUB�IC aREAS FOR �.AND SUBD I V I S I QN � � . � � . � � � . � . � . . � . . 4 - 4 A CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #%6-06, BY GEORGETOWN MOTEL, INC „ 5600 Mai�v STREET, TO REZONE FROM M-2 -ro C-2 , , , , , , , , , , , , , , , , , , , , , , , 5 - 5 A ' ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #%6-O%� ' BY ROBERT SCHROER, T0 REZON� THE AREA �ETWEEN 77TH . AND �9TH AVENUES ON THE EAST SIDE OF RANCHERS ROAD FROM , M-2 -ro M-1 , , . , „ � , , , , , , , , , , , , , , , , , , , 6 - 6 A CONSIDERATION C1F FIRST READING OF AN ORDTNANCE RELATING TO THE SALE OR EXCHANGE OF REAL ESTATE OWNED BY THE CITY TO THE COUNTY OF ANOKA� � � . � : . . . . . . . � . . . . � • % - % C �� ' I � � � � II` � REGULAR MEETI�dG, FEBRUARY 7, 1977 PAGE 4 P�EW BUSINESS (CUNTINUED) CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND SECTION 3�01 OF CHAPTER 3 OF THE FRIDLEY CITY CODE ENTITLED PERSONNEL� � � � � � � � . � � � � . � � � � • � � � 2� ` $ C , , � . RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING oF �ANUARY I9, 1977 , , , , , , , , , , , , , , , , , , , , , , 9 - 9 CC � 1. TARGET ADDITION, P�S� #76-12•••••••••••••••••••••••••• 9- 9C +`' �� At�NING COMM, RECOMMENDATION: APPROVE, SUBJECT & 9V . � TO CONDITION CouNCi� Ac-rroN REQUTRET�: SET PUBLiC HEARING � r , 2 � POP SHOPPES OF AMER I CA, 1 NC � , SP #7n-16 • • • • • • • • • • • • • 9C - 9I LANNING COMM� RECQMMENDATION: APPROVE WITH ' STIPULATION COUNCIL ACTION REQUIRED: TABLE AND CONSIDER IN � CONJUNCTION WITH PLAT , { ' ' � . - i ' , REGULAR MEETING, FEBRUARY 7, 1977 PAGE S _ NEW BUSINESS (CONTINUED> i �PLANNING COMMISSION MINUTES CONTINUED) � 3� PURCHASE ELECTRONIC��RECORDER FQR USE IN CON- - JUNCTION WITH BABY �C,P�R,) ......................... 9T ' PjANNING COMM� RECOMMENDATION: PURCHA5E RECORDER FOR EDUCATION OF FRIDLEY CITIZENS �OUNCIL ACTION REQUIRED: CONSIDERATION OF , RECOMMENDATION �� , '4�� APPEALS �OMMISSION MINUTES OF �ANUARY 11, 197% A� D. & �� WHITE, %�36 ALDEN WAY I��E� •••••••••••••• 9W - 9CC ' APPEA�S COMM� RECOMMENDATION. APPROVE �OUNCIL ACTION REQUIRED: CONSIDERATION OF RECOMMENATION / ' RECEIVING THE MINUTES OF THE CATV COMMISSION I�EETING OF JANUARY 4, 1977 . . . . . . . . . . . : .� . . . . , , . . , . . 10 - 10 T : � 1. ORDINANCE REVISIONS . , �.nMMTSSTON REGOMMENDATION: ORDINANCE AMENDM�NTS FOR , HOUSECLEANING PURPOSES �:nuNr_Ti AGTION REQUIRED: �ONSIDERATION.OF RECOMMENDATION ' � ' �' � i . _ REGULAR MEETING, FEBRUARY 7, 1977 � � PAGE�6 NEW BUSINESS (CONTINUED) � RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING oF ��OVEMBER 16, 1976 . . . . . . . . . . . . . . . . . . . . . 11 - 11 D CONSIDERATION OF REQUEST FOR FUNDING BY SUBURBAN COMMUNITY $ERV I CES � . � � . . � � � � . � � � . � � � � � � � � � . . . I2 - 12 E CONSIDERATION OF WAIVER OF RECREATION PROGRAM FEES. ��..� 13 - 13 A RECEIVING BIDS AND AWARDING CONTRACT FOR ELECTRICAL POWER SYSTEM IgO KW DIESEL DRIVEN STANDBY GENERATOR �B I D OPEN I NG 1/26/77 ) , , . , . . , , �. . . . . . , , , . . . , . 14 - 14 A � I; , . REGULAR MEETING, FEBRUARY 7, 1977 PAGE 7 � ' S ON I UED) NEW BUSINES (C T N CONSIDERATION OF A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0� 4�, aF�-CIO �PUBLIC WORKS AND PARKS) � . � � � � � � . � � � . � � 15 - 15 X , G MI NESOTA CONSIDERATION OF A RESOLUTION REQUESTIN THE N , DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNALS A?? THE INTERSECTION OF T�H�4% �UNIVERSITY AVENUE) AND � 69TH AVENUE, , , , , , , , , , , , , , , , , , , , , , , , , , 16 1 1 , CONSIDERATION OF A RESOLUTION REQUESTING THE ANOKA COUNTY COMMISSIONERS TO LEND TNEIR SUPPORT IN A REQUEST TO MINN� ' DEPARTMENT OF TRANSPORTATION FOR SIGNALIZATION AT T�H, 47 � ��NIVERSITY AVENUE) AND 69TH AVENUE� � � � � . � � � � . � . � 17 '� ' I' ' � � 1=; . , ' ' REG�LAR MEETING, FEBRUARY 7, 1977 PAGE 8 NEW BUSINESS (CONTINUED) 1 RECEIVING PETITION N0� 1-I9�� REQUESTING IMPROVEMENT OF I � STREETS AND UTILITIES IN DELEIER ADDITIQN� � � � � � � � � . . IH - 1� A �� CONSIDERATION 0� A RESOLUTION ORDERING PRELIMINARY PLANS� SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1977-1 AND Z, ADDENDUM #Z� ��.. 19 CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLTC HEARTNG ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST, 1977-1 AND 2, ADDENDUM #Z� � � . � . � �,� . � � � ZO - 2� A CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECI�ICATIONS AND ESTIMATES OF THE COSTS THEREOF: SS &S W #121 . . . . . . . . . . . . . . . . . . . . . . . . . . 21 REGULAR MEETI�G, FEBRUARY 7, 1977 PAGE 9 NEW BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: SS&SW #IZl� .�� ZZ - ZZ p LrcE�vsES , , � , , , , , , , , , , , , , , , , , , , , , , , , 23 - 23 B �LAIMS� � � � � � � � � � � � . � . � � � � � � � � � � � . . 24 ESTIMATES � � � � . � � � � � . � . . � � � � � � � � . � � . � ZS ADJOURN: THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 17, 1977 * J� � /' � - � � I � I I�� %� � � � �, i � 1_ � �_ , � � �_ i i I / i � � i i � ; i f � � I i I � � 241 THE AIINUTES OF THE P.EC•.ULAR �1E£TItJ� OF THF FRIDLEY CITY COUPJCIL OF JP.NUARY 17, 1977 The Regu7ar Meetinn of the Fridley G9ty Council of January 17, 1977 was called to order at 7:38 p.m, by Playor Plee. PLEDGE OF ALLEGIANCE: Mayor tlee led the Council and audience in the Pledcte of /Iliec?iance to the Flan. ROLL CALL: t1EMBERS PP,ESENT: P1�yor Pdee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilwor�an Y.ukowski tiEP96ERS ABSENT: �done APPROVAL OF P1INUTES: REGULAR P1EETIN(; OF DECE�?BER 2�, 1�7F: MOTION by Councilman Har�ernik to a�prove the r�inutes as nresented. Seconded ny Councilman Schneider. Upon a voice vote, all vetin.^, aye, F?ayor Nee deciared the motion carried unanimously. � REGULAR P1EETING OF JANUAP,Y 3, 1°77: MOTION by Councilwoman Kuko��iski to approve the minutes as �resented. Seconded by Cauncilman Fitzpatrick. Upon a voice vote, all voting aye, t?ayor f!ee decla.red the netion carried unanir�ously. ADOPTIODJ OF A(;ENOA: Councilman Schneider stated he would like an item a.dded to the ac;enda under "Pde�•� Business;" that being, "Consideration oF a Secretary for the Si�n Pro,ject Committee." t1QTI0N by C,ounci lr�an Har�erni k to adont the a�enda �vith the addi tion as su�gested. Seconded by Councilman Fitzr,atrick. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimousl,y. OPEN FQRUM, VISITORS: Ptr. Gary Boecksler, 7�47 firwood !•lay, asked if a different sno��i plowin� arran�er�ent coutd be r�ade for plov�inn the areas where there are dunlexes and r�u7tiole units. He explained when his area is pinwed in the early r�ornino hours, it is difficult to have the cars removed from the street at this tir�e. F1r. Sobiachs Public !•lorks Director, said it would be �uite difficult t� arranoe for snow plowing, as su�gested by P'r. Boecksier, because of the various zonin�s in same areas of the City where you have both sin�le far�il,y and r�ulti�le units. Atayor Nee indicated the Cit.y does rotate sno�v piowing in the City so that everyone �vould at some time be first, and apnreciated !'.r. Boec!;sler's comr�ents. PUBLIC HEARIP�GS: PUBLIC HEARING ON REZONIfdG RE�UEST; ZOMIfJG ORDINAPJCE A",EN0�1EtlT ZOA �`7F-�7, BY R�JBERT MQ'fION by Counciiman Hacrernik to ��taive the readinn of the Public Nearin� notice and o�en the Public Ilearing. Seconded bv Council�vomar. Kukowsl:i. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried unanimously and the Public liearing opened at 7;50 p.m. ; 1 � � I � � 1 � _ - - -- _ __ _ ____ _ _ _ - _ ____ . _ � , _ � �� , I 1 � � I \ `\ , \ \ � 242 REGULAR COUNCIL �1EETIN� OF JANAURY 17, 1977 PAGE 2 Hr. Oicl: Sobiech, Public !•lorks Director, explained the re�uest is to rezone the area between 77th and 79th Avenue on the east side of Ranchers Road from P1-2 to M-1 The �1-2 zoning requires an acre and one-half which tends to go toa�ards ownership-type operations. The P1-1 zonin9 requires three �uarters on a acre for building, resulting in smaller buildings bein� constructed and separate ownerships on the buildings. t1r. Sobiech explained, at the oresent time, there is a market for smaller type manufacturi^g facilities and facilities constructed in an t1-2 zone would be harder to market. The Planning Cor.unission at their December 8, 1�76 meetinn recorronended approval of this rezoning. � There was discussion on the street patterr. for this area and Nr. Schroer exnlained there are several alterna±ives either by installing a service drive or oroviding cul-de-sacs off of Rancher's Road. There was a question by Councilman Namernik regarding when th� easements would be acquired, and P1r. Sobiech stated that when a particular lot is s�lit, then the easer�ent would be acquired. • No persons in the audience spoke for or against this rezoning. MOTION by Councilman Hamernik to close the Public Hearin� on the rezoning request by � Robert Schroer. Seconded by Councilwor�an Kukowski. Upon a vaice vote,.all voting , aye, F1ay�r PJee declared the motion carried unanimously and the Public Hearing closed at 8:07 p.m. PUBLIC HEARING ON REZONITd6 REQUEST; ZOP�IN� ORDIfIANCE A!".EPlD�tE"!T ZOA 1F76-OF, BY C,EORGET041PJ MOTEL. INC. , 5600 MAIN STR�ET: TO REZOPlE FROP1 h1-2 TO C-2.: ; MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, ` � all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:08 p.m. ; � , Mr. Dick Sobiech, Public !•lorks Director, explained this rec?uest to rezone property from �1-2 to C-2 for construction of a motel com�lex. � 1 I The Planning Corrrmission at their December 8, 1976 meeting recomnended aaproval of this ' rezoning. � Mr. Robert Brokopp, reoresenting Burlington Northern, Inc., pointed out the property is owned by Burlington Northern in this area, which consists of approximately 25 acres, and the motel site would comprise abeut nz acres. I I Councilman Fitzpatrick voiced concern about the additional traffic which may result on � 53rd Avenue, since this is a residential area. _ , Mr. Carl T. George, representing C,eorgetown P1ote1, Inc., explained their plans are � to serve employees of Burlington Northern, as well as the general public, and they will , be usinc� a shuttle bus to and from the motel for the railroad employees. He didn't feel there would be any heavy traffic on P1ain Street and the primary artery to be used would I be 57th to �1ain to the motel. � Mr. George explained a feasibility study was done and the local Chamber of Commerce signified a need for a motel facility in this area. � � The r�otel will consist of 100 units with expansion area for an additional 50 units. The City Council questioned if ineetin� rooms would be available at the motel. t�lr. George stated, as of now, it is not in the plan to provide such facilities. He indicated, however, in talking urith the Chamber of Cormierce, he was told of the need for meeting areas and providing this space would be no problem, if it was to their advantage to do so. Mr. C,eorge presented photo�raphs to the City Council of a similar development to the one proposed in Fridley. He explained, in addition to the motel facilities, there would be a restaurant serving breakfast, lunch and dinners, with a seatino capacity of approximately 250 persons. 1 � ; , � , ' ' P4r. George stated, if the rezoning is approved, they hoped to begin construction this � I spring with completion by fall. ' I 1 ' � _____ _ _. _ _ - - - _�� _ � .� _._ �__ _.w..____ _ ��y._ _ _ - __. _._-- —,-- _ _ _ _ � _ _ .� ___ .,�,I / �� , i � ' , , i� `� ) , , � � � ' � � � , � i ' � ' � ' i � ' � + J� ' i ' i � � ` , � ' ' � i ' , � . / � I ' I � � REGULAR COUNCIL MEETING OF JANUARY 17, 1977 2�3 , PA6E 3 � Mr. 8ob Ortlip, representing Burlington Ncrthern Land Development Corporation, indicated they felt the motel complex would be a good use for the property. He also indicated they were sure the construction would be well done and maintained property and the mote] complex would fit into the area as there is corrmercia] praperty adjacent. He stated Burlington Northern Land Development Corporation will endeavor to find uses compatibie with the motel as far as development of the rest of their property. Nc other persons in the audience spoke for or against this rezoning. MOTION by Councilman Fitzpatrick to close the Public Hearing on the rezoning request by Georgetown t1otel, Inc. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y and the Public Hearing was closed: Mayor Nee stated normally the City Council does r,ot act on the rezoning request at the time of the Public Hearing; hewever,since Mr. feorge is from out-of-state, he offered to pnll the Council for their reaction to this item. Mr. George felt this would be helpful to him and would appreciate any cortments from the City Council. Aii CounciT members felt they would be in favor of the rezoning, however, ft was suggested meeting rooms be provided and there was some concern with the traffic. Mayor Nee stated, �nless input is received from the public which is contrary, the Council's reaction to this rezoning would probably be favorable. The City staff is to submit the Tandscaping pTan and any recommendations for traffic control at the time the Council takes action on the rez�ning request. OLD BUSINESS: CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMI7 SP �76-1n, BY NAEGELE OUTDOOR ADVERTISING COMPANY; 151 OSBORNE ROAD N.E. TABLED 1/3/77 : This item was tabled from the January 3, 1977 Council meeting pend9ng an opinion from the City Attorney regarding a moratorium. The City Attorney, Virgi] Herrick, stated it is his opinion the Council does have the authority to declare a moratorium on billboards for a reasonable period of time. He stated in discussing this item with Naegele representatives, they wouid not oppose a moratorium assuming the time period was not e,xcessive. Mr. Herrick felt, if it was the intention of the Council to impose such a moratorium, that it not be over six months. Councilman Hamernik questioned, if a moratorium was imposed and changes were made in the Sign Ordinance as a result of the report from the Sign Project Committee, wouTd the presPnt request from Naegele come under a newly adopted ordinance. hir. Herrick answered in the affirmative. MOTION by Councilman Fitzpatrick to impose a six month moratorium on billboards only in the City. Seconded by Councilman Schneider. Mr. Ronald Mielke, representing Naeqele Outdoor Advertising Company, stated as long as the City Attorney has �ontacied Naegele representatives and their attorney, he wouid have to go along with the motion. The City Attorney felt this matter should be brought back to Council at the end of the six month period for the Council's action regardless of whether changes were made in the Sign Ordinance. UPON A VOICE VOTE, all voting aye, P1ayor Nee declared the motion carried unanimously. � i i i I NEW'BUSINESS: � I • ' i CONSIDERATION OF A SECRETARY FOR THE SIGN PROJECT CO��MITTEE: ; f MOTION by Councilman Schneider to direct the City P1anager to provide a secretary for the � � Sign Project Committee. Seconded by Councilman Fitzpatrick. � �-- There was concern by some of the Councilmembers that tftis may be setting a precedent. � � � -- - -- -_ _—_._ __._ _..__..�_— _ _ _ _ � _ _ � �i . `� � _.. _--- _. _ � � 244 �� I � � � f * �) � � ' i i � I i l I � 4 � itEfULAR COUNCIL MEETING OF JANUARY 17, 1977 -- - -- � = _ � � ' PAGE 4 � ,� The City Manager, Nasim Qure�hi, felt a distinction should be made on why help is needed; and in this case, secretarial help is needed in order to complete the report from the Sign Project Corimittee as soon as possible because the Council has declared a moratorium on the biliboard and quick action is required to develop the revised Sign Ordinance. U�ON A ROLL CALL VOTE, Councilman.Fitzpatrick, Councilman Schneider and Mayor Nee uoting aye; Councilman Hamernik voting nay; and Councilwoman Kukowski abstaining, the motion failed by a vote of 3 to 2. Councilman Schneider questioned if this was budgeted irr the Commission's budget. 7'te City Manager explained monies were appropriated for secretarial help to the Commissions and the question i�vould be if the Community Development Commission may use tfieir appropriation to provide secretarial help to their Project Co�ittee. T�fie City Attorney indicated he felt this would be acceptable. MOTION by Councilman Schneider to authorize the City P1anaqer to provide a Secretary for the Sign Project Cor�nittee using monies appropriated through the Community Development Commission's budget. Seconded by Councilman Fitzpatrick. Upon roll call vote, P�iayor Nee �ouncilman Schneider, Councilman Fitzpatrick and Councilwoman Kukowski voting aye; Ccuncil Hamernik votir.g nay, the motion carried by a vote of n to 1. Mayor Nee proposed an agenda change to consider Items n, 5 and 6 after Items 7 and 8 on the agenda since there were persons present to discuss Items 7 and 8. MOTION by Councilman Fitzpatrick to change the agenda in order to consider Items 7 and 8 before Items 4, 5 and 6. Seconded by Councilman Schreider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. itECEIVING THE MINUTES OF TNE PLANNING CCM�4ISSION MEETING OF JANUARY 5, 1977 PAKO PHOTO, INC., SP #,76-15; 5267 CENTRAL AVENUE N.E.: Mr. Dick Sobiech, Public Works Oirector, explained this request for a special use permit to allow a film processing drop-off booth in the Skywood P1a11 Shopping Center at 5267 Central Avenue N.E. Mr. Toth, representing Pako Photo, explained they have approval from the shopping center owner and have been in contact with the C,round Round to orovide the restroom facilities required. Photographs wPre submitted of the plan for the drop-off booth. �4r. Sobiech felt, with the location suggested by Mr. Toth, the necessary barriers can be put in to design the traffic pattern. MOTION by Councilman Schneider to concur with the recommendation of the Planning Comnission and grant Special Use Permit, SP#76-15, to Pako Phcto, Inc, with the following stipulations: (lJ Curb and landscape as agreed to and proposed by adminis- tration; and {2) Adequate arrangements for washroom facilities to meet the code. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. GDNSIDERATION OF ANOKA COUNTY COMMUNITY ACTION PROGRAM FOR HOME 4JINTERIZATION: Mr. John Collopy, Energy Directory for the Anoka County Council of Economic Opportunity, im.c., appeared before the Council regarding the City's participation in a home winter- ization Frogram. He explained the County will match funds that the City may provide for use in the home winterization program in the City of Fridley. Persons eligible fior this program are Senior Citizens and lower income fami}ies. Mr. Collopy stated any contribution from the City will be spent in Fridley and the amount would be matched by the County. C�uncilman Hamernik questioned the authority the City has to use tax money for home improvements for private property owners. _ _ _ ___ _ __ _ __ _ ___ ___, i ' � i � i ' ' i II ' � � , , , ' , � �� i r � �; i� � � �� . � 4 � \ . � i I r � #2EGULAR COUNCIL MEETING OF JANUARY 17, 1977 245 � l PAGE 5 � The City Attorney stated the federal and State agencies may have legislation that authorizes them to use public funds, but did not feel the City has any authority to do so. Mr. Herrick indicated he could make inquiries to the League to determine if there is any authority for cities to make such a contribution. Ms. Mary Sallstrom, Director of the Anoka County Council of Economic Opportunity, Inc., stated she believed there is legislation �egarding local contributions to the Office of Economic Opportunity and suggested this be checked into. MOTION by Councilwoman Kukowski to table this item to the next meeting with the purpose of having the City Attorney make inquires regarding the legality of such a contribution. Seconded by Councilman Fitzpatrick. The City Manager, Mr. N�.s'm Qureshi, suggested the Council may wish to take action on the item and, if the Council acts favorable to contribute funds, it would be subject to the inquiry by the City Attorney on whether or not it is legal. COUNCILMAN Fitzpatrick then withdrew his second and Councilwoman Kukowski withdrew her motion. i MOTION by Co�nci]man Fitzpatrick to appropriate $750 to the home winterization program � contingent upon the City Attorney checking the legality. Seconded by Councilman Hamernik. 1 MOTION by Councilwoman Kukowski to amend the motion t.o change the amount from $750 to $500. Seconded by Councilman Schneider. Upon a roll call vote, Councilwoman Kukowski and Councilman Schneider voting aye; Playor Nee, Councilman Fitzpatrick and Councilman � Hamernik voting nay, the motion to amend failed by a vote of 2 to 3. ! UPON A ROLL CALL VOTE on the main motion, Playor Nee, Councilman Fitzpatrick, Councilman � Hamernik and Councilman Schneider voting aye, and Councilwoman Kukowski voting nay, the motion carried by a vote of 4 to l. � CONSIDERA7ION OF FIRST READING OF AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH F� i � TR CONSIDERATION OF JOINT POWERS AND A(;ENCY AGREEMENT BET4IEEN THE CITY OF FRIDLEY AND THE METROPOLI7AN WASTE CONTROL COPIMISSION: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance on the first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilrrar. Hamernik to authorize the Mayor and Clerk to execute the joint powers agreement between the City and the Metropolitan Waste Control Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AM ORDINAMCE AP9ENDING CHAPTER 113 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED REFUSE DISPOSAL: Mr. Dick Sobiech explained this ordinance is to correct the verbage in the refuse ordinance to clarify the requirement for storing refuse in an approved contained. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance on the first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E i � � � � � ' �— � _. - - - --- - . � _._ _ _ — __ _ — --- •----- - J % �, � �, �I I � I � (� � 1 i I � � � 24� REGULAR COUNCIL MEETING OF JANUARY 17, 1977 PAGE 6 CONSIDERATION OF FIRST READTNG OF AN CRDINANCE AMENDING CHP.PTER 115 OF THE FIRDLEY CITY CODE ENTITLED StdID1MING POOIS: Mr. Sobiech explained this ordinance is to eliminate the requirement for depth markings on orivate residential swirruning pools. He stated private pools do not come with these markings and felt it was not necessary for private poois, but is a requirement for a public pool. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon the first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, ��ayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AIJARDIN6 CONTRACT FOR MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY APPROACH RECONSTRUC7ION BID OPENING 12/21/76 : The Council received the bids for removal and replacement of miscellaneous concrete curb and gutter and driveway openings. Two bids were received, one from the Sig Tenold Company, Inc. and one from Halverson Construction Company. MOTION by Councilman Hamernik to award the bid to Halvorson Construction Company. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND A6JARDIN6 CONTRACT FOR STREET SWEEPER (BID OPENING 1/10/77): Mr. Sobiech explained only one bid was received for the street sweeper. He felt this was a speciality-type piece of equipment and no other company met the specifications, except the Wayne Model 12 distributed by the Road Machinery and Supplies Comoany. The City staff has checked other bids received by various cities throughout the conntry and believe the bid received from Road Machinery and Supplies Company was competitive and lower than expected. MOTION by Councilwoman Kukowski to award the bid to Road Machinery and Supplies Company for a street sweeper. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO COMMITTEES: MOTION by Councilman Fitzpatrick to appoint Councilwoman Kukowski as P1ayor Pro'Tem. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to appoint Councilman Hamernil: as Representative to the Anoka County Law Enforcement Council. Seconded by Councilwor�an Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to appoint Councilman Fitzpatrick as an Alternate to the Anoka County Law Enforcement Council. Seconded by CouncilMan Schneider. Upon a voice vote, all voting aye, f�ayor Nee declared the motion carried unanimously. Mayor Nee questioned if it would be legal to appoint Mr. tJalt Starwalt as a representative to the Suburban Rate Authority. He stated he has talked ta Wait and he has indicated an interest in this area. The City Attorney indicated he would.have to check with the Suburban Rate Authority if this would be acceptable. The City Manager, Mr. Qureshi, suggested the Council could make the appointment pending acceptability by the Rate Authority. MOTION by Councilwoman Kuko�vski to appoint Mr. Walt Starwalt as a Member of the ;' � Suburban Rate Authority and Councilman Hamernik as an Alternate. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried ' unanimously. ; MOTION by Councilman Fitzpatrick to appoint Councilman Schneider as Representative to the I North Suburban Sewer Service Board. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � __. J � � � i ' r `� �� ' ' � ; , \'� . ,'� , , � , % i � ; � � REGULAR COUNCIL MEETING OF JANUARY 17, 1977 u4J , PAGE 7 � � MOTION by Councilman Fitzpatrick to appoint Councilwoman Kukowski as an Alternate to the North Suburban Sewer Service Board. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to appoint Councilman Fitzpatrick as a Plember of the Association of Metropolitan P1unicipalities and appoint Councilwoman Kukowski as an _. Alternate. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 7-1977 - DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SU$URBAN RATE AUTHORITY: i , MOTION by Councilwoman Kukowski to appoint hir. Walt Starwalt as a 14ember of the Suburban Rate Authority and Councilman Hamernik as an Alternate. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: NAME PDSITION SALARY EFFECTIVE DATE REPLACES Kathy L. Fisette Receptionist/ $625/Mo January 1, 1977 New Position 1529 121st Avenue N.W. Typist - Police B Coon Rapids, Mn. 55433 Department MOTION by Councilman Fitzpatrick to approve the appointment of Kathy L. Fisette. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONFIRMATION OF ELECTED VOLUNTEER OFFICERS QF THE F:RE DEPARTt�lENT: MOTIQN by Councilwoman Kukowski to approve the elected volunteer officers of the Fire Department. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, � Mayor Nee declared the motion carried unanirtiousiy. CLRIMS: MOTION by Counciiman Hamernik to authorize payment of Claims 18506 through 18689. Seconded by Councilwoman Kukowski. Upon a voice vote, a71 voting aye, P1ayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Fitzpatrick to approve the iicenses as submitted and as on file in the License Clerk's office. Seconded by Councilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared tfie motion carried unanimously. ESTIMATES: Smith, Juster, Feikema Suite 1250 Builders Exchange BuiTding Minneapolis, Minnesota 55402 For Legal Services Rendered As prosecutor during December, 1976 by Carl Newquist b1,730.00 � Attorney Fees through December, 1976 for Final Charges in Regard to PERA Lawsuit and District Court Proceedings Relating Thereto - Ronald Haskvitz E 845.20 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Legal Services Rendered as City Attorney during December, 1976 by Virgil C. Herrick �1,100.00 I I � � � � � _, _ � �. �---_ _ _ i t ;°;�- i f ( � � � �.\ I \\. i � \ � \� i fi �, / ' � .• REGULAR COUNCIL MEETING OF JANUARY 17, 1977 PA6E 8 MOTION by Councilman Hamernik to approve the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF WAIVER OF FEES - RECREATION ACTIVITIES: Mayor Nee submitted a memo to the Council regarding consideration of waiving participation fees in the City's recreation programs for the minor children of poor families. MOTION by Councilman Fitzpatrick to instruct the City administration to come back with a resolution, in the spirit of Mayor Nee's suggestion, for the Council's consideration. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager, Mr. Qureshi, stated he would bring back some policies and guidelines far the Council's consideration at the Conference P4eeting or the next Regular hleeting. ADJOURNt4E NT : MOTION by Counciiwoman Kukowski to adjourn the meeting. Seconded b,y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 17, 1977 adjourned at 11:12 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Appraved: -i � ; ( , I. ' THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 24, 1977 * s,� � � �i � �� , ; �� '!, � ' i \ ,} � � I i � � i i ' � , i ' � i ! ' * �1 , ' � i � ' i ' � ! ' � � �� I ' � ?49 THE MINUTES OF THE SPECIAL MEETING OF THE fRIDLEY CITY COUNCIL OF JANUARY 24, 1977 Mayor Nee asked all the members of the Cour.cil if the.y �vould waive the notice of the - Special Meeting, and the,y did. The Special Meeting of the Fridley City Council of January 2�, 1977 was called to order at t0:30 p.m. by P1ayor Nee. RQLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilr�an Schneider, Counciiman Hamernik, and Councilman fitzpatrick �1EMBERS ABSENT: None The City Manager explained the wage settlement with Local 49 as negotiated by the MAMA negotiating corrunittee. The package called for 40�t oer hour across-the-board increase for 1977 and �OQ per hour for 1978. The 1977 increase will go into effect when the striking employees are called back to work. The nackage caTls for the City to pa.y $60 per month toward health and life insurance for the year 1977 and $60 per month for the year 1978. The new rate goes into effect on February 1, 1977. MOTION by Councilwoman Kukowski to concur with the recormiendation that the C�ty Manager accept the negotiated settlement. Seconded b,y Councilman Schneider. Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously. There was a lengthy discussion on the lonqevity portion of the contract. The concensus of the Council was that the longevity section of the contract should remain as is for the years 1977 and 197s. ADJ�URNMENT: MOTION by Councilwoman Kukowski to adjourn the meetino. Seconded by Councilman Hanernik. Upon a voice vote, all voting aye, Flayor Nee declared�the motion carried unanimously and the Special Meeting of the Fridley Citv Council of January 2n, 1977 adjourned at 1:30 a.m. Respectfully submitted, Marvin C. Brunsetl Acting Secretary Approved: � , r � � ' � ' � `- -- - William J. Nee Mavor � � , � I - - -_._ _ _. .____ �. _ - _---.- - - � _ ._.._ l ' f .. t ORUINI4'�CE N0. � ' . � ' I, ' t L__I ' ' , � ' � � L� ' ' ' �J .�' i 4 i � , AN ORDIMANCE ESTA[3LISHING IW INDUSTRIAL USER STRENGTH CItARGF. I�� ADDITION TO TNE CNARGE l3ASEU UPOfJ THE VOI.L';�� OF DISCtllll?G[ [3Y AN 1NDUSTRIAL USER AWD ESTIU3LISHIP{G A'r1 IFIDUSTRIAL USCR STREiJ6Tli CIf�R,E FORh1UL/1 FQR TItE COt�P!lTATION TH[REOF TO R[CO�,�[R OPER/1T10;� A?!D t•L1I��TE�JAIdCE COSTS Of :�!ASTC TRFATI•1ENT SERVICES ATTRII3UTA[tLE TO THE STREWGTH OF THL DISCHARGE OF INGUSTRIAL WASTE ItQTO THE SEtJER SYSTE(�1 /'uJD E:TAf3LISHIrJG T/4X L1EN AGAIl�ST PROAERTY SERVED IN CONNECTIO�� WITN SUCH STRENGTH CHARGE THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAI+J AS FOCLO!•!S: SECTIOtJ 1. Recitals. The t�;�tropolitan ;-tasCe Control Con�nission, a metropolitan comrr�issfon organized arid existinq under. the lai�s of the State of Minnesota (the "Comnission"), in order to receive and retain grants in compliance with tfie federal l�later� Pollution Control Act Wneizdments of i472 and reguTations thereu�zcle� (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in hiinnesota Statutes, Section 473.}21, S�bdivision 24) to recover operation and maintenance • cos.ts of treat�nent woi�ks attrib.�table to the str2ngth of tne dischar9e of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, detennined a��d declared to he necessary to establish se��er strength charges and a formula for the computation thereof for all industrial users receiving �-raste treatr�nt services within or served by the City. Furthe nnore, P9innesota Statutes, Section 444.075, Subdivision 3, em;,owers the City to make such sewer charge a cnarge against the ovaner, lessee, occupant or all of them and certify unpaid charges to the county auditor as a tax lien against the property served, SECTION 2. Establishment of Sta°ength Charges. For the purpcse of paying th2 costs allocated to the City each year by the Co�nnission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of�disci�arge, a sewer charge upon each coi7pany or corporation receiving ivaste treatment services within or served by the City, based upon strenyth of industrial waste discharged into the sewer system of the City (the "Strength Charge"). SECTION 3. Establishment of Strength C.harge Formula. for the purpose of computation of thc Strnnyth Charge established by Section 2 hereaf, there is hereby established, approved and adopted in compliance with tiie Act the sai� strength charg� fonnula designated in Resolution No. 76-172 adooted by the govei�ning body of the Commission on June 15, 1976, such formula being based upon pollution • qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and tl�e proportionate costs of operation and maintenance of araste treatment services providad by the Corrmission. SECTION 4. Strength Charge Payment. It is hereby approved, adopted and established that th� Strength Charge established by Section 2 hereof shall be paid by each industrial user receiving waste treatn�ent services and subject tfiereto before th� twentieth (20th) day next succeeding the date of billing ther�of to such user by or on behalf of tl�e City, and such payment thereof shall be deen�ed to be delinquent if not so paid to the billing entity before sucn date. Furthermore, it is hereby established, approved and adopte� that if such payinent is not paid beto m s�ch date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3;,) per month cn the unpaid balance due. i ' � � ' ' ��I' ' «1 ' ' ' ' ' ' I.' � :y OR01N/UJCE tt0. . SECTION 5. Establishn�ent of Tax Lien, As provided t�y Minnesota Statuies, Section 444.�75, Subdivision 3, it is hereby approved, adopted and establisheJ that if payment of the Strength Charg2 established by Section 2 hereaf is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sew�r strenc,th charge, plus accrued interest established pursuant to Section 4 hereof, shall be deen�ed to be a charge a9ainst the o�•mer, lessee and occupant of the property served, and the City or its agent siiall certify such unpaid delinquent balance to the county auditor r�ith taxes againsi the property served for co]]ection as other taxes are collected; provided, harever•, that such certification shall not preclude tl�e City or its agent from recovery of such delinquent sevier stren9th charge and interest thereon under any other available rerr�edy. . SECTIOfI 6. SeverabiTity. In the event any provision of this ordinanca shall be held invalid or unenforceable by any court of competent jurisdiction, suc!i holJing shali not invalidate or . render unenforceable any other provision hereof. SECTION 7. Effectiveness. Tliis ordinance shall take effect immediately. PP.SSED fUdD ADOPTED E3Y TI1E CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ;�lAYOR - L�IILLIAM J. NE'E ATfEST: CITY CLER�: - h'�ARVI�d C. 6RUNSELL First Reaa;ng: January 17, 1977 Second Reading: Publish.. , ... lA; ; � i i � , , i �_ � I . ._._.__�_._._-, �_..__�__- -_.�_------__.___.__._ T } ' • • 1� �� ' ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 113 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED REFUSE DISPOSAL THE CITY COUNCIL OF THE CITY OF FRIDLEY DOE� ORDAIN AS FOLLOWS: Section Z13.02 of the City Code is hereby amended to read as follows: , 113.02 Refuse Containers Required ' , , ' ' ' � ' • The occupant of any private dwelling, the keeper or manager of any hotel, motel, restaurant, eating house, or boarding house or any building where meals are served, the owner of any flat or apartmen� house, traiZer camp or auto court, and any other person having re- fuse as herein defined, shall provide and keep on such premises sufficient containers for the storage of all refuse accumulated on tne premises between dis- posal or collection ee��ee��e�s. Each such container shall be durable, watertight, snall have a tight fitting lid, shall be impervious to insects, rodents, vermin and absorption of moisture, shall be fireproof; such as galvanized metal containers and shall not exceed 32 gallons in size unless approved by the City of Fridley. He�e�e�3-�e��}Ag-�e�e�A-s�a��-�e-�ee�e� �e-�e��}�e-��e-s�e�age-}�-ee��a��e�s-e�-��-�e��se ��e�-�s-��e��a�e��-ee�s��e�-e�-�-��ese�-e�-e�-��e-- ��e��ses-}�-a-��e-e�a��e�-�ae-��e-��e��e�a�e�- s�-a-��e-a�g�e�e�-��-��e-E��-e�-€�}��e�- AI1 refuse on any premises shall be stored in the containers required herein except if tne same may be immediately consumed or disposed of on such premises in an in- cinerator of a type approved by the City of Fridley. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' ' ATTEST: ' � ' � DAY OF City Clerk - Marvin C. Brunsell First Reading: January 17, 1977 Second Reading: Publish ....... , 1977. Mayor - William J. Nee � ORDINANCE N0. AN ORDINANCE AMENDING CHAPTED 115 OF THE FRIDLEY CITY CODE ENTITLED SWIMMING POOLS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 115.04, 2: Private Residential Swimming Poo1 Depth Markings,is hereby repealed. ADOPTED BY THE CITY COUNCtL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. Mayor - William J. Nee ATTEST: City Clerk - Marvin C. Brunsell First Reading: January 17, 1977 Second Reading: Publish........ 0 3 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 211, SECTION 211.063 OF THE FRIDLEY CITY CODE PERTAINING TO PUBLIC AREAS FOR LAND SUBDIVISION THE CITY COUNCTL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Chapter 211.063 as follows be deleted: 211.063 Public Areas ' �e��e�-a�eas-��a��e�-�e�-��e-�a��-�ses;-}�e��g PUBLIC se�ee�s;-�a��s;-g�a�g�e��s-a��-e��e�-��}e-��eees- AREAS s�a��-�e-e��e�e�-�e�-�e��ea��e�-e�-s�a��-�e-�ese��e�-�e� ��e-��}e-ae��e}��e�---��e��-s�e�-g�ax�e�-g��e--- a�eas-�e-�e�e-��a�-�8-�e�ee��-e�-��e-g�ees-a�ea-e�-��e-�a��- �e-�e-s��e�;-�8-ge�ee��-e�-��e-a�ea-s��}�e�-s�a��- �e-e��e�e�-�e�-�e��ea��e�-a��-��e-�e�a��e�-�ese��e�-�e�- a-�e��e�-e�-��e-�ea�s-��}�g-��}e�-��e-��e-E}��-e�-- e��e�-��e-�e��-�a�-��-e�e�-�a��---��e��-��a��e�---- g��e-a�ea�-�e-�ess-��a�-�8-�e�ee��-e�-��e-g�ees-a�ea-��-- ��e-g�egese�-s��s�e��-a-eask-��e��-eQ�}�a�e��-�e-��e ��e�e�ee-��-�a��-�a��e-s�a��-�e-�a��-��e-��e-�a��-��-_ . � And that Chapter 211.063 be amended as follows: Each plat of a subdivision shall be required to dedicate land, or pay into the City fund a cash payment equivalent, for public land uses, including schools, parks, playgrounds and other public purposes other than public right of way, in the following manner: 10% of the gross area of residential zoned property , to be subdivided; 3� of the gross area of commercial or industrial zoned property to be subdivided. Any land dedication in excess of the 10% or 3o requirement shall be reserved for a period of two years during which time the City or other public body may buy such land. The option of a land dedication or cash payment is at the discretion of the City. PASSED BY THE CITY COUNCIL OF THE CITY OF FRTDLEY THIS DAY OF , 1977. William J. Nee - Mayor ATTEST: Marvin C. Brunsell - City Clerk ' First Reading: Second Reading: Publish........ r 4 4A POLICY STATEMENT ON PARK FEES FOR LAND SUBDIVISIONS The park fee for residential subdivisions is $300.00 per lot.to be paid at the time the City approves the final plat (raw land value of $10.500.00/acre). The park fee on commercial and industrial subdivisions is at the rate of 1.38 cents per square foot to be collected on each lot separately when building permits are issued (raw land value of $20,000.00/acre). Typical Agreement to be Executed at Time of Plat Approval for Commercial or Industria]. Zoned Property: PARK FEE AGREEMENT The undersigned understands that according to the City Platting Ordinance the following land dedication or cash payment equiva- lent, is required to plat commercial or industrial zoned property: 3� of the gross area of the property to be subdivided. It is further understood that the land dedication or cash payment equivalent is at the discretion of the City. It is agreed that a cash payment at the rate of per square foot will be paid separately far each lot when the building permits are issued for the following described plat: , The undersigned further agrees to notify aZl future property owners or assigns of the cash payment requirement. Signature (Property Owner) ORDINANCE N0. AN ORDINANCE TO AME�1D THE CITY CODE QF 7HE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridly do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City � of Fridley and described as: ' r �� ' � r C' � ' � That part of Lot 2, Auditor's Subdivision No. 78, lying Westerly of the Westerly right of way line of Main Street N.E., lying Easterly of the Easterly railway right of way line of Burlington Northern, Inc., lying Northerly of' the Northerly right of way line of Interstate Highway No. 694, and lying Southerly of a line drawn Wesierly, at a right angle to the East line of said Lot 2, from a point on said East line distant 507.50 feet Southerly from the Northeast corner of said Lot 2, except the Westerly 218.61 feet of the described property, subject to easement to Northern States Power Company, lying in the South Half of Section 22, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as C-2 (general business areas). SECTION 3. That the Zoning Administrator is directed to change the officiai zoning map to si�ow said tract or area to be rezoned from Zoned District ��I-2 (heavy industrial areas) to C-2 (.general business areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: 1977. CITY CLERK - R IN C. BRUNSE Public Hearing: Janua� 17, 1977 First Reading: Second Reading: Publish.......: MAYO� - WILLIAM J...N�E i 5 : r ,( .�+ , ♦ s e � y ,y•i' . ` `,�,�i, �-{ i.i.: � ,� u ' V4• . , f \j�''° Qd �$� ¢ c�',� .. . .' � � / ', � , � �• ,b �. O �, , �.�r � - � Q ,. Pti. 9 ` r�`' ' « L• � , R, � a � ii . � . �+ ' ( /�f.'�� ; � �'- E� t'• � - '�,,,,: � � : �" d - � � � _I: I r p}� � 2 �' �� 1 ..�- 1; � � �',� , . „ . . � i � ' ' '� ' - � �' � �. ,l � 1,• • � � . , << .4 1._ �f , -'� R � � � ± �'�.T. i.f � / C ` � 7 I 1 , �a; ,. , . �.� � �Nf� .�t� � , . � � O � K :f' � `' � •R/,C,� .,z �. �.��.,X„ .I . � '. •e, , y `'. 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' ,� .i,�. �n �- � ��' � � � � ' r _ L ., 0. „Ai �i: e C.. _] C 1 L:� .�' �lC: [" iRIDICY L, C \ „$ � - � M { `��G •, (;• r r �- �� J� l' • , 1� . ° I \\ . , R {' � �� . �-' JR HIGM $CMOV� . , � .\: , i�s ��j` _�� , , VARK � G C `'>> ��.. C. `.. �.' � . p � •� � �� t �C• _�- �� • �� :� � : ' fl � �, DISTRICT II�I�' �� ti �OFC� � � t V CH a. � FRIDLEY �"i-�wc �V t � � ...� �.�.�a � �-� F�- i. �� t:osyC'�- f� t"`n ii °/�d►„ s1.'�� ,r I � / • � !�a �.� �'; �\Y: ` COMNONS• �� E: �_ �4. E" _ t, f..•t'J $V. ::�q /; J __ _ ��\. �� , . . . � �i-: t.•�rti (, r)O +4°/�TE �ro I $ �C � / _ ,� - P.►NKVIEII .� � ,�`; j t••FRIDLEY � `i ' , l� � ? r `�N �i� � - - � �� 80E SCNOOI> > - :J ' � ' � �' � � ' �' �"�`�'' CH• 4 / � ,W, �p1SrT ''14 ~..., '15q. �IGH � SGHOf� c�. � �.�; i= - - - R� %.�: . %° ,T ,� � - �, � ��, a. �- ��j ' , �.J'.� ',aieis, ur• 5:a �� t� � � ,�� ., '; r,� � � ,,� „ `G;, � ` . �lr . � � , ' ..) :.S'y� � .') 1 �'%� ' � `3 �� .. � ��-,� ��3:.=,`.''"�:<,� � M ��'� ��. � � � 4�� `"� -J��i `' z j-1.7 `3�� r s ?� � �' h �� Jj-' :.:�-,,''�,3,`3 � ,�r 9Tr >+ t�E �/�,�� ' y w ;' o�y�� I.t ��. 4 59•w, V �! .J /,/ � /y/f/�/Y � 52i C E . . � / //f/J' ' , �� '0 � ` NMG 40�p •EFF>CE • 1 .;°� I� �. O�� t: ,A� � � =j/',, m /f . � \ � ' � .� >.- .t..; /- � ��.z, ,� Q� 32: �p A � � !�K � tr �' � � �� ':.�� t:�� ; � � . ,� " R . _,� ��' � _ ��,_, , _ � � i� � ��'�� ! � " ' u .�, � Z, , ,� =-' � � � � ; ��_� ,, �, . ��/�'/J=� f�� .\. ., I __ e8 ��e i uF .�>� o- � � \\\\\\ \.. — � .. s/ ' « ��/��/f/�/Q�f \\\ ii � !�/ �`� \ •� ::i 'r� 2 ! Q ` \ F.„ ; , �� nr� ` \ \ , \ , � � � fN7EqST4iE Ji691 Z � i, •�� fi �/{% ies` .�i .�,.Q:. .�. �LO E '_� : � 3 � '�� ; �j: - i � '�ib��,� � � �:<�. Ift/l. �=� � ��r.=d�'�� .� � -� �� ' * - . . w7 .'.�":��I.` :". A��V��A � II � � ' , � ' �I � , ' �l r �� ORDINANCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City. of Fridley and described as: Lots 5 through 8, Block 2, East Ranch Estates Second Addition, lying in the South Half of Section 2, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as M-1 (light industrial areas). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2 (heavy industrial areas) to M-1 (light industrial.areas). � �� PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: January 17, 1977 First Reading: Second Reading: Publish.......: __ _ _ MAYDR - WILLIAM J. NEE � ' ��' Y. i � �� • . . . � �:..�� r � .:. ...:. �.,��.-,�<, , . a�R� a��-,� _ y.�y,' .. ,�.� � .' �,: ., 6 f� . ,7 . .: ' � ' e92 � , . � � �� ,. ;.•.� ' ROBERT SCHROER ZOA #76—Oi � , , .�c� �f ' .• � .:s'.'�'� � ./.'�. �.' ;� �- ��'� .��: ,� , � �� . ` 81ST A .�, . 1ivYLD5Y0.�0 LA�IE . i . ''� •� . 2one4 R�s�d�nticl •. � 53i d '� ' �•.1 � � • '�'�'� , '� : �� .�-� . �' . �. SFDALF Rp� �. . �'' _ . �•. �. .Y. � � 1'£ ., � J 3 7' *'^-�^� � � � �i- k � i,. 3 � � 1 ��s�'� •s�• �`' , . , q ,�C .��,�' . � '.•� '� �'i: 'i� s ;;'; � ` ��t � ��" r` " w � � i.. �- �'�' `J' _ � > �r,jr � � G,, r `',j�� •• " ,,'�'. '� ( .'��4 V' ••�'• .�'� :� � i ' S2j �1� '.�.. °�`!',,:: ; t4. � � �� •�� •� •wy "� f �:�y J (C . a Z. �w ��X'a� � 'lt7 �iCJ S� Ol" < • � x Rss�n . . • ,�. Zon�d indu�tr�d Zon�d i �c� v .� ; -��`��Q�"� ._ . �� 3� N E. ��o;� �. . . .�.r•. � �T . �� . � . �� D ' � .� N','T� »r �� : .�. _ �,;�� y,'f � ��,%�. � �.'� •�P � � ' � �"" ' _,e� ;r S j 9 S� � -� ��:��-�,��". �. R°a :.�.,s:..:: `;: -� � ��,��r�'� � �;�` � :�t::.. ` �` .�,,.'.,��`�. � ��a�� . �� . .�.: � . �� ^�� t � � c'r , �� , ��' �'•�• /� i�`� �. �• '�' ��y� :�rj:: i1 1 � �, /�,i � �� cY • • . T K �� ` ' It � .�• ✓� t �� • `�X� I S J �� , < Y "�', !K � �,.��`�� .��' `� �.;,��' r :.�. ..��'`... �� . ,.�, _ � � g�� r•� ' t � 30RNE CN � �, 6 M�N�,q 2n ' � �Q T! N - ; � ; ` UfdITY , � .-_j :• z•• HOSPIT�4 ��. " = . �_ , _. � ,r _4 _, --�--,-- ,--, :, � y 1� � � � i, ' �� . • u ; `,... •', i �� . �9 e� . _ ' - � '� � � • �; �� ,�-��!`Y� J i) '• . ti'� '2 � `�: , � 7 7N AVE_N E. 6 '� �' ;�, r. 3� � It , C }� •. • x �� 29 , . , ;, � . ; � .� 2a 3 y �•' ,��: � � � �� ORDINANCE N0. AN ORDItdANCE RELATING TO THE SALE OR EXCHANGE OF REAL ESTATE OWNED BY THE CITY TO THE CQUNTY OF ANOKA The City Council of the City of Fridley does ordain as follows: Section 1`. The City of Fridley is the fee owner of the tracts of land within the City of Fridley, �noka County, State of Minnesota described as follows: (a) The West 642 feet of Lot 1, Revised Auditor's Subdivision No. 10. Anoka County, Minnesota according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota excepting those �ortions described as follows: That portion of Lot 1 platted as Dennis Addition and except that portion of Lot 1 lying North of a line drawn parallel with the fJorth line of said Lot 1 and 550 feet South, measured along the WESt line of said Lot l, from the Northwest corner of said Lot 1, and the extension thereof. (b) The South 687 feet of the East 3/4 of the Northeast Quarter of the � Northeast Quarter of Section 13, Township 30, Range 24, City of Fridley, Anoka County, State of Minnesota. Subject to that part to New Brighton. � (c) Tract A, Registered Land Survey No. 3, according to the survey on file in the office of the Registrar of Titles, Anoka County, State of P�innesota. � (d) Outlot A, Timber Ridge according to the recorded plat thereof on file and of record in the Office of the Register of Deeds, Anoka County, State of Minnesota, for public park use. All lying in Section 13, T-30, R-24, City of Fridley, County of Anoka, State of P�1i nnesota � Section 2. It is hereby determined by the Council that the City no longer has any reason to continue to own said properties and the Council is hereby authorized to sell or exchange said properties to the County of Anoka. � ' Section 3. The Mayor and City Manager are hereby authorized to sign the necessary deeds to effect the sale or exchange of the above described real estate. � PASSED BY THE CITY COUNCIL�OF THE CITY OF FRIDLEY THIS DAY OF 1977. � . ATTEST: MAYOR - WILLIAM J. NEE � , � � CITY CLERK - Marvin C. Bru.nsell First Reading: Second Reading: Publish........ 7 CITY OF FRIDLEY ME1�10RAN DU M T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROt�1: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIft. SUBJ.ECT: SALE OF PROPERTY - PART OF LOT IN AUDITOR' S SUB. N0. 10, TRACT A, REGISTERED LAND SURVEY N0. 3, AiJD OUTLOT A, TIi�1BER RIDGE ADDITION, ALL LOCATED IN SECTION 13. DATE: FEBRUARY 2, 1977 On October 4, 1976, the City Council approved the Memorandum of Understanding relating to the transfer of property between the City of Fridley and the County of Anoka. Section 12.06 of the City Charter requires that the sale of City property be authorized by ordinance. The attached ordinance will satisfy the legal requirerr�nts of the Ci ty Charter. The deeds have been prepared and ihe requi red payment by Anoka County to the City of Fridley has been made. MCB :sh • L 0 7A ' . r '' � M . MEt40FtANDU�� OF Ur1DERSi"A�JDI«G ' • ,�. .�, . . , ,. .,. 7 B October 5, 197b ' RELATING TO 7NE TRA�ISFER OF P�RK PROPERTY BET4JEEtJ 7HE COUfd7Y OF ANOKA AND CITY OF FRIDLEY � WNEREAS there is a�esire on the part of Anoka County and the City of Fridley to exchange certain properties, and . . � WHEREAS there is a need to set forth in vrriting a11 of'�the detaiis of the agreement . reached by the two p��rties regarding this exchange of property. Said agreement is . reconfirmed as set forth within this memorandum of understanding as foilows: � e it of Fridle wi11 c+�ed to the Count of Anoka the following descrihe� pro- 1� pertCesy Lot 1, Parcel 52�, Auditor's Suby Na. 10; Tract A, Registered Land Survey � No. .3; Parcel 10 and Parcel 200, Section 13. and Outlot A, Timber Ridge. 2. , � ' 1 3., , 4. � � Prior expenditures mad� by the City of Fridl�y on the above properties were as follews: � � Parcel 10, Section 13 $1,952.71 � � Parcel 200, Section 13 140.13 ,Lot i, Aud. Sub. No. 10 4,6$9.95 Tract A, Reg. Land Survey No, 3 2,270.00 9,062.79 Tota] cash payment to be made by the County of Anoka to the City of Fridley is�$9,062.79. , . . . The County of Anoka agrees ta deed to the City of Fridley the following descri�ed parcels: Loi 41, Parcel 1920; Lot 42, Parcel 19�0; Lot 47, Parcel 2220; Lot 48, Parcel 2250; Lot 52, Parcel. 2570, Au�i�o�'s Sub. �y2 and Lot 1, Block l, Carl Peterson Addition. , . The special assessments o«ing on the parcels to be deeded to the City of Fridley are as follows: Lot 41, Parcel 1920, Aud. Sub. #92 $ 683.82 Lot 42, Parcel 1940, Aud. Sub. �92 2,287.57 • • Lot 47, Parcel 2220, Aud. Sub. #92 824.82 . Lot 48, Parcel 2250, Aud. Sub, n92 513.81 . Lot 52, Parcel 257�, Aud. Sub. #92 i,1i8.09 . Lot 1, Slk l, Carl Peterson Add. 3,890.71 �. • .�9, 3�13. g2 'It.is understood the City of Fridley will assume the special assessments on the � above properties deeded to the City of Fridiey in total amount of $9.318,82, . •5. All of the Lots in Auditor's Sub. �92 and Lot 1, Block 1, Carl Peterson are to be j� deeded to the City of Fridley outright, on a non-restrictive deed. � This memorandum of understanding has been dratian to reflect the County'Board's action of September 14, 1976 and the City of Fridley Coui il's action of h]ay ^0, 1976.^ 1 s� -' -C� � . tditness 1lnoka County `. , � } ; � � R[GULAR COUNCIL MEETIt�G Of OCTOCER �, 1976 ' : 1 F7. PAf E 4 COt4S1DERATION OF AC�UIRING TAX FORFEIT PROPEP,TY AD,]OItIIPIG PtORTfi INt�SBRUCK PAP,K APJD tRA��SFERRIP�G PARK Pk�P[RTY Al.Of1G RICE CREEK EAS7 0f" CEP�7PAL 70l�tlOYJi COU�ITY: Mr. Qureshi, City �4anager, stated that on the proposal for the property that is east of Central along Rice Creek, basically the amount the City is askin� the County to pay for is what the City's cost for the property is, �vhich t•�or•ks out to be 59,062.79. Also, on the acquisition of tax forfeit properties next to Innsbruck t�orth Park, the proposal is to acquire all the pronerty except only acquire 12 fe�et access easement on Lot l, Block 1, Carl Peterson AdAition. �a ., Councilnan Starwalt indicated maybe r�e should acquire that lot also and then later make a determinatio� to sell portions of Lot 1, Block l, Carl Peterson Addition, also Lot 42, Auditors Subdivision n92, and also acquire all tFese lots outright so that any of these properties can be sold, especially these two lots. Mr. Qureshi indicated that once the property is acquired, there miqht be soi:�� resistance from the people to sell these properties because they would th�n1; the City �•ta_ disposing of some park property, even though the City is buyin� these pi�o.:eo•ties r�ith the intentian of selling it, and this route might be financially better for tne City to follow. 7C , I t 1 ; i � MOTIO�� by Councilman Star�valt to approve the Memorandum of Understanding o:ith the addition of Lot 1, Blor.k l, Carl Peters�n Addition, and the amendment of the assessment figure to $9,318.82. Seconded by Councilman Hamernik. U�on a voice vote, all votin4 aye, t•layor �ee declared the motion carried unanimously. � CONSIDERATIQ"i OF AN AGREE(•1EPlT [3ETI•IEE�: THE MIPr'^;ESOTA DEPARTFiFNT OF tJATURAL RESOURCES AND TH'E CITY FOR TFIE IP�STALLATIOII OF AP; ARTIfICIAL AERATIOPI S!'S7E�7 A�JD A F1SHI,'�G P;ER a"r`r.Minnc i ai�r. ' . — . MOTION by Councilman Star��alt to approve the agreement. Seconded by Cou��cilman ;.Fitzpatrick. Upon a voice vote, all votin� aye, P9ayor Plee declared the motion carried unanin:ously. , CONSIDERATION Of A REQUEST fOR fUhDS TO SUPPORT THE PlORTH SU�UR6AtJ F{U1ILY SEP.VICE CEh;TER: � � �' MOTIOh� by Councila:oman Kuko�,�ski to table the matter until the next meeting. Seconded by Councilman Starwalt. Upon a voice vote, all.voting aye, tlayer Plee declared the m�tion carried unanimously. , COtJSIDEP.ATION OF R�QUEST BY COUh;CILP1E�i�EP.S KUKOt9SY.I APlD HAPIERPIIY. TO ATTEt�D THE Ml1TI0�lA� LEAGUE Of CITIES 197G COiJGRESS IN DENVEP, COLOPADO, PlOVEPi3ER 28 - DECEhiBER 1, 1476: MOTIOI� by Counciiman Fitzpatrick to approve the attendance of both councilmembers at the conference. Seconded by Counciln;an Starti•ralt. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously. : RESOLUTIOi� N0. 1G4-1976 - SETTIMG AN ELECTION FOR COUNCILf1Eti6ER - V;ARD II: MOiION by Councilr�an �it��atrick to adopt Resolution P1o. iQ4-I476. Seconded by Council�•ro^�an Kuko��rski. OFon a voice vote, all votim� aye, Mayor Nee declared the motion carried unanir�ously. , RESOLUT]GPY ";0. 105-1976 - DESIG'Jl1TIMG POLLINC PLAC[S AP�D APP0INTING ELECTION JUD6ES FOR 7HE NQV[h1C+�k 2, 1976 G[hTRAL ELECTIOiJ: MOTION b,y Councilman Starvlalt to adopt Resolution Plo. 105-1976. Secondec! by Council�•�ornan � Kukowski. Upon a voice vote, all votinc� aye, r�ayo►-PJee declared the motion carried unanimously. � MOTI0�2 by Councilm4n Star��alt to amend the pay for election jud�es to S3 for head judges and �2.50 for regular judnes. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P•1iyor t4ee declared the motion carried unanimously: RES01_UT10�J P;O. lOG-197G - APPROVIPlG PifID FINAL COhSTRUCTION PL11PiS FOR 7RAfFIC tJ01SE ATTEf�U�1TURS•, I.694 FR0:1 t�l1IN ST!iE.`FT TO 7TH STREFT: �10TION by Counciliiian fitzpatrick to adopt Resolution No. lOf-197fi. Seconded by Council- woman Y.uko�•�ski. Upon a voice vote, all votinq aye,.ttayor �Jee declared tlie mation carried unanin�ously. � ' t• . � i r f F i : '[ � � . � � . � I � � � � � � � � � . � I � � � E�� ORDINANCE N0. AN ORDINANCE TO AMEND SECTION 3.01 OF CHAPTER 3 OF THE FRIDLEY CITY CODE ENTITLED PERSONPJEL The City Council of the City of Fridley does ordain as follows: Section 3.01 Purpose, is amended as follows: To establish standards,conditions and regulations of work and pay in Ci�y er�ploynpnt within the City of Fridley, to be applicable to all regular and full time non-union employees of the City excepi whe re the City shail o�he n,rise hereafter provide, ur unless modified by a separate contract or agreement, The Council established the standards, conditions and regulations contained in.the following sections. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1976. ATTEST: CITY CLEP.K - MARVIN C. BRUNSELL First Reading: Second Reading: Publish: MAYOR - WI LLIAP� J. NEE � � ' � ' ' � � ' P' � T0: FROM: CITY OF FRIDLEY MEMORANDUM MASIM M. QURESHI, CITY MA�dAGER, AND CITY COUNCIL MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: ��EPaDP�1EPdT OF CITY CODE AS IT RELATES TO PERSONNEL DATE : _ F EBRUARY 2, 1977 Chapter 3 c,f the City Code sets forth the personnel poli cies of the City of Fridley. Tn actual practice, tnis section of the code is now intended to r�elate to non-union people. It is the intent of union contracts i;o set forth all wages, hours and other working conditions of employees represented 6y that particular unit or union. -,,,There are many inconsistencies between the various union contracts and �the personriel section of the City Code. These inconsistencies are deliberate, in that wages , hours and working condi ti ons are negoti ated and agreed upon with the various unions each year. The fact that the City Code makes reference to City employees in general has created problems iri those areas where there are inconsistencies between the Ci ty Code <ind the uni on contracts. In order to cl ari fy thi s matter, I suggest thE� City Code 6e amended to explicitly exclude those employees covered by uni on contract. Enclosed i<.� a copy of the opening statement of Chapter 3 of the City Code. A1 so , en cl ��sed i s a copy of the "wai ver" tha� i s i n cl uded as part of the agreerr�nts reached between the unions and the City. This is part of all our labor ��greemtnts. By explicil�ly stating that the City Code does not cover union employees, problems tl�at have been experienced in the past can be prevented in the future. MCB:sh cc: 1lirgi'I C. Herrick, City Attorney . � • ' ��•..%^t, L _J ' ' ' , 1. � ' 3. PERSONNEL 3.01 Purpose 70 ostablish standards, conditions and regulatfons ot work and pay in City employment within the City of Fridlcy, to be applicable to all regular and full time employees ot the City except where the City shall otherwiso horeattor provide, or unless modified by a separate contract. The Council astablished the siandards, conditions and regulations cont��ined In the following sect(ons. ("X Ref. 30.U54") Ref. 182 3.02 Hours ot Work The regular work week of each employee shall commence on Monday of each week and terminate on Friday of each week and sha(I consist of forty (40) hours each v�eek, holidays excepted. Also, except when the need of any Depariment as determined by the City PAanager shall otherwise require, the work day shall commence at 8:00 o'clock a.m. o( the da�/ and shall terminate ai 5:00 o'clock p.m. of such day vrith one hour being provided and allowed each employee for lunch or personal needs of said employees. . . • . � ,. Purpoas Houre ot Wc Overtime and overtime. pay for any day shall commence after the expiration of the regu(ar working day. Overtime Overtime and overtime pay for 2.ny vreek shall commence after the er.piration of ttie regular working v✓eek. It is provided, Pay however, that no employee shall be entitled to overtime pay tor any day or tor any week un{ess the actual hours ot work during the week shall be additional hours or dzys of work and are not performed on such day in lieu of other hours or days of work regular to such emp(oyee. There are certain employees of the City, other than the po(ice or firemen, who are and may be designated by the Standby Cit)� M2nager to serve in a"standby" status in behalf of the City on a Sa�urday or Sunday or other holiday ot the. Pay City to perform work s.s may be necessary to ihe public interesi on such day. The "standby" employee is entitled to and tnay receive as compensation ior such service as °standby", t�:�o (2) hours of regular pay for each day served in such status. If on any such day the employec in "standby" shall actually perform wor�c for the City, he shatl be entitled tc compensation for each hour or poriion thereof actually worked at 1�/z times the regular pay, which pay shall be in addition to ihe two (2) hour "standby" pay. In 41ie public interest, an employee may be called to perform work €or the City after it�e regular working day and Overtlme , • in s�ch event, the employee shall receive pay computed as follo�vs: For such overtirne wark performed, pay • computed at ihe rate of one and one-half (1 Yz) times tt�e regular pay, but not less in any event than an amount equal io two hours rey�ilar pay; provided, ho�vever, that such minimum amount shall not apply in the case of an ' emp{oyee who had not left the site of the �vork performed during the regular working period, and such employee is directed to perform work for the City within one (f ) hour of ihe expiraiion of the reqular workinc� day, in �vhich case the �vork pertormed is considered normal overtime for the period ef time actually worked. ' ' , , � . , � � ' _ 3.03. Nolidays i'he to{Io+ving Jays sl�all be holidays, and no employees, except in the case of ner.essity to public safety, heaHh and weliare, or untess the requirements of his employment �o providE:, �ha(I be obliged to perform work on such day; and when so pe;formed, compensation for such work shall be paid as overtime work at the rate of one and one-half (1 Yz} time:: the regular pay. The follo�ving days are "hotidays", New Year's Day, January 1; 1Vashinc�ton's and Llncoln's Birthday, the third Monday in February; �.1ernorial Day, the last Monday in May; Independence Qay, July 4; Labor Day, the first hSonday in Septembcr, Christopher Co1��mLus Day, the second Monday in October; Veterans Day, the tourth MonCay in October; Thanksc�iving Day, the tourth Thursday in November, and Chr simas Uay, December 25; provided, when New Yea�'s Day, January 1; or Independenca Day, July 4; or Christmas Day, December 25: talls on Sunday. the following day shall be a holiday and, provlded, when Nc:w Ye�r's Day, January 1; or Indepeii�7ence Day, July A; or Chrlstmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. (Ref. 509) 3.Q4 YncpUons E�ch employee of tl��e City wha has worked rogularly tor tho Clty tor a pc�riod of not less than s(x (G) successlve month� ts ent(Ued tc> a vacation away Irom employment wlth pay. Vacalion pay shall be computed at tho regula� rAto ot pay to whfch such employe� is ontitled. An omployoe who has worked a minlmum o( six (6) months is ontltlod 10 ono (1) worhday ot vacation for each month so workod; art employeo who has workod elghty-four (E34) Holldays � i�_� ``:; ' _ _ �� M Vacoltons 3-1 . . -24- l�,i�'I'1C LE XXXV 4JAI 11E R .l. lLny and all prior a�reer��ents, resolutions, practices, policzes, rules and regulations regarding terms and conditions of employment, �to the eatent inconsi.steni with the provisions of ihis AGRE�Ri ,1TT, are hereby superceded. . � . 2 The parties mutually acl;nowlecige thai; during the negoitations ��hich :resulted a.n tllis AG1{F,Ti�-T��I�T, each had 1:1-�e urilirnited right anc� oppertunity to make den.iands and proposals witla respect to any i:errn or c:ondif:ion of employment not remo��ed by law from bargaii�ing. All a;reernents and understandings , arrived at by ihe parties are set forth ir� wrifir�g in iliis .I�GR�I�i�lENT for 1:he stipulated duration of this AGR�E1�7]�;NT. The E?VIPLOXEIi and �he UNIC3�� each volu�itari.ly and t�nqualifiedly waives tl�e righi to meet a�zn negotiate i e�;ardi.ng any and alI terins . and co::�ditions of einploymen% rezerred i:o or co�Jered in th.i.s AGREI�IVIENT or �vith respect to any term or co�zc3itiozl of � emploj�ment not specifically referrcd ta or covered by this AGREL1V11,NT, evei� though such i:e.rins or conc�itians ma,y not have bc�ll 1V1�111I1 ihe kno�vledbe or coni:`zi�p]ation of eii;her or l�th of fihe parties at �.he time i:his contract �vas ne�;o�iated or . executed. � • . : . � .. 0 �2�� 0 1� � - � 9 �J � , �J � ' , ' ��' CITY OF FitIDLI.'Y PLANNIPdG COMPiISSION MEL'TING - JAtdUAF�Y 19, 1977 PAGE 1 ` CALL TO ORnEFt s Chairperson flarris called the meeting to order at 7:l�8 P.M. ROLL CALL: 14embers Prese:nt: Harris, Bergman, Lan��;n:eld, Sehnabel, Shea Members Abserit; Peterson Others Presertt; Jerrold Boardman, City Planner APPROVE PLANPTING CO'��IISSIQN 1•�IA:UTFS: JA!�'UtL�Y �, 1977 MOTION by Sctinabel, seconded by Lan�enreld, that �:he Planning Comrnission minutes of J��nuary 5, 1977 be approved as k�ritten. Upon a voice vote, a11 - voti.ng aye, i;he motion carried unanimously. 1. PUBLIC HI,ARING: COI�SIDERAT�O�v' OF �A PROPOSED FLATy P.S. �76-12, TA!?GET ADDITION„ BY YOi' S:?OYPES Or' �''�.�.1�A, �i<C: �ep�LaL o£ all of Lot 10, part of I�ots 11 and 12, Auditor's �ubdiiTision rro. 15s, as per 7egal . noiice, �;enerally located South of T. 691�, tvest of Highway �j65, North of 53rd ��venue N.E., and East of the Target pa:king lot. MOTION by I,3rigenfeZd, secondcd by Bergmar., that the Planning Corunission open the Public HE:aring on consideration of a proposed plat, P.S. �76-12, Target � Addition, by Pop Shoppes of A��erica, Inc. Upon a voice vote, all voting aye, Chairperson Fiarris declared the Public He�ring open at 7:53 P.r1. Mr. �mmett R„ Albergotti, Real Estate Pv'egotia�;or for Dayton Hudson Properties; rtr. John Zav�.tz of Pop Shoppes of Ar:erica, Inc. ; Mr. Bill Jaeger from Kraus Anderson of �yt. Paul Company; T�:r. Jon Pope, architect.for Plagerso McGee, Inc.; and Mr. Bob Harvey, Box 3761�, i•?inneapolis, were present. Mr. Boardman directed the Coruni.ssion to turn io pages �5 and lb of their agendas which showed the general location of where the replat was going to take place. He ex�lained this was East of the prescnt Target parking lct, behind b;iber:� and the �as station, and �;ould be divided into three separate lots. He sa�.d that this was to allow for two or three separate developments, and the large�r lot on the North side o1 the propert,y was proposed for Pop Shoppes of. America. He statcd that access into this area would be through private easenient from Target off of 531'a to service ttiese three lots. . ' '�'!r` s :.�..� ,' Pl�nnin� Comniission Meeting - January 19, 7-977 � Page 2 9� � Chair erson Ftarris asked if this was on part of the blacl:top portion of the P parkin�; lot, and AIr. 33oardman replied that the lots themselves were not, but '� • the driveway easement would be on the Easterly end of.the blacktop portion.• Mr. John 7.av�.tz explained that the head offices of Pop Shoppes of America , were in DenvE�r, and there were 19 other locations in the United States. He said they woizld be opening fourteen new centers this year, one of which was the T�ain Cit:Les location. Mr. Zavitz said that basically what they were � trying to do was deliver soft drinks to the public at lower than normal cost as they manufactured and retailed on the sar,te premises. To date, he ' � said, they have enjoyea quite a bit of succes� both in Canada and here, and were just be�;inning to scratch •the surface in the U.S. market. Fie stated ' that to date they had been able to satisfy all concerns with regard to _ environmenta:L issues, noise levels, etc., to the satisfaction of all City Couricils. A��sthetically speaki.ng, he continued, they did not look like a ' manufacturer, but a.retailer. He told the Commission�they sold 26 different flavors in t�ao sizes, in plastic cases, and returnable bottles only. He explained th,�t people could mix and match flavors as they wished. Chairperson :3arris asked what the zoning was, and r4r. Boardman replied it was C-2S and that was the reason they were going with the Special Use Permit on it. He e:xplained the operation of this type of shop would be similar to that of a dai:y. He stated they mixed the. soft drinks at the plant and stored them there, but they had a major retailing operation from the store also so there wasn't a major hanciling of the shipping of the bottles. He said they would ship to about three or four other retail stores in the � metro area, but it Trras a major retai2 operation. Mr. Boardman said that all three of the parcels met the requirements as far as square footage under a C-2S zone and lot sizes were adequate. He added that one of the stipulations they would want. to put on the plat would be some definition of roadw�.y in the parking Iot area itself. He said he had rece�ved a letter from Target on access that he would like entered into the minutes. Chairperson Harris read the following letter to rir. Boardman, from Jack Franzen, Building Services rianager for Target Stores, dated January 19, • 1977: In the event that the County Highway Department does go ahead with its planned improvements al.ong 53rd Avenue, specifically including the revised eastern most access routing into the Target Fridley parking lot, Taxget will define the access road :aith curbings, plantings, or some other method acce��table to the City of Fridley and Target. This is to promote more orderly traffic flow thi•ough the Target parking lot f�cility. MOTION by Sh.ea, seconded by Schnabel, that the Planning Commission receive the lett.er t,o A1r. Boardman from T4r. Franzen dated January 19, 1977. Upon a voice vote�, all voting aye, the motion carried unanimously. Tirs. Schnabe�l noted that the proposed plat was to divide the property into three separF�te lots, and asked if the Speciai Use Permit would cover all three lots. Mr. Boardman explained that the Special Use Permit was for just the Norther].y lot. He said th�t lots 10, I1 and 12 were the existing lots, and they extended to ��ighw�y b5. He explained that was an old lot description � � Pl�u-,ning Commission Meeti.n�; - Janue.ry 19� 1977 . Page 3 on Tar�;et and rras only used as definition to show where the new plat would be. He said that actu�illy it would be ��latted out to lots 1, 2 and 3. Mrs. Schnabel asked if the other two lots would remain vacant, and Mr. Boardman replied that was correct. 1ars. 5chnabel asked if it was necessary for Pop Shoppes to �et sor,�e type of agreement with Tar�;et for use of the roads, and NIr. Boarcirnan said they would have to have easements drawn up for use of the properties, and he tr�ought that could be handZed with the pla�ting. Chairperson Harris agreed it should �;o i�aith the final plat. Mrs. Schnabel asked about utilities in that area, and i;r. Boardman said that utilities would be serviced to all three properties off of 53rd. Mr. Jon Pope, a.rc'riit,ect, el;plained that the water V�ould be braught in of� of 65 to the reax of the builcling. He said that a pole would be placed at the Sout}iwest corner of the lot� and electrical power would be brought underground to the si�te. C.�airperson ;�?arris asked about the other lots, and t;r. Boardman said he �aould imagine it would be easier and better to have the saater and sewer service for the other properties off of 53rd. Mr.�Bergr�an said he exp�cted sizeable i�aater requirements for this activity ' and noted an eight inch :tiTater line �•ras planned. He asked if there were any pressure or capacity problems in this Iocation, and P�ir. Boardman replied there were not. I�Ir. Bergr;�,� said it would appear that all the utility '-. installations took place on private property so no easements would be inv�Ived, and I-ir. Boarcim�.n said that t•:as correct. � � � � 1 I�I � � Chairperson Harris asked if a drainage easement ttiould be needed in there, and I�ir. Boardm��n replied -tnat the lay of the land took care of it mostly. He eaplained t.iat the dra�in3.;�e off of all three of these lots would be onto the Target parking lot 1�rhere there were catch basins which would handle it. Mr. Bergman said he assumed that some kind of written agreement would be in order bett:een Pop Snopp�s and Target attesting that drainage was agreeable between the two parties. He added that he thought it was more normal that any place of business would take care of its own surface drainage rather than drain off someplace else. Mr. Boardman said that was the only it�ay they could hazidle the surface drainage, and pointed out that the catch basins in tile Target parking lot had the capacity to handle it ��ith no problem. rir. Albergotti : azd it was handling it right now. MOTION by Schna�el, seconded by Bergman, that the Planning Commission close ' the Public Hearing on consicieration of a Proposed Plat, P.S. �76-12, . Target Addition, by Po�� Shoppes of A:nerica. Upon a voice vote, all voting aye, Chairperson Iiarris declared the Public Hearing closed at E3:12 P.ri. ' � ' � Mrs. Shea stated she had some reservations about this simply because of the intersection, and asked if the county had given a timetable regaxding the planned improvements �;here. rlr. Boardman said that 53rd should hopef�illy be done this slun�ier. hirs. S�iea said slze hated to see anything go in there unless somethir.�; was done �oith tha�; intersection. A1r. Boardman explained that the improve�:�ents were being ticd in with the urbanization project from Columbia Heights �11 the w tiy throu�h� and there were presently some difficulties �,.._' � _ _ _ __ _, _ r � � � 1 � � � Planning Commission rteeting - January 19, 19?? Page 4 with Columbia Heights which would hopefully be resolved before March. Mrs. Schnabel asked if that meant that it there wasn't an agreement by March nothing would be done at a2.1, and Mr. Boardman said that was right. Chair- person Harris said he certainly hoped that didn't happen, and asked what the problem was with Columbia Heights. Mr. Boardman eyplained the Highway Depart- ment wanted to widen the road, but the local businessmen didn't want to lose the on-street•parkint; around 1�Oth. He further explained that the urban- ization project went from 37th to �3rd, regardless of ��hat community it was in, and if any part of that project fell through the whole project would fall through. Mrs. Schnabel asked t•1hy something couldn't be done on 53rd by itself, and T:r. Boardman said it was because there woulc�n't be any state monies for it. He added that if it was going to be irnproved by itself, that would be the county's responsibility. Mrs. Schnabel said that it seemed to her that something should be done on 53rd at a minirr►um, regardless if the other project fell through. I�;r. Boardman said this was not to say that 53rd wouldn't be done at a later date if that project failed, but it wouldn't be done this year. �Mr. Bergmari stated he thought the things �hey had been discussing were of � some relative bearing, but not an overriding bearing, on the question of � replatting the property. • . ' , ' u ' 1 � ' ul U ' _ MOTION by Bergman, seconded by Langenfeld, that the Planning Commission recommend to Council approval of Proposed Plat P.S. #76-12, Target Addition, by Pop Shoppes of America, Lnc.: Replat of all of Lot 10, part of Lots 11 and 12, Auditor's Subdivision ido. 155� as per legal notice, generally located South of I. 691�, t�est of Hi�hway rr65, North of 53rd Avenue N.E., and East of the Tar�et parking lot, subject to a plan defining the accessway extendzng io all three of the proposed lots with the authorizing signature from Target or its parent company. Upon a voice vote, all voting aye, the motion carried unanimously. 2. PUBLIC HEARING: RE�U�5T FOR A SPECIAL U�r, PERI�SIT, SP��76-16, BY POP SHOPPx:5 0� AI�,E:3TC1'i, Ii�C.: To permit the bottling of soit drinxs and a retail outlet, per Frialey City Code, Section 205.101, B, (3,0,), on Lot 10, and parts of Lots 11 and� 12, Auditor�s Subdivision No. 155, located South of I. 691.i, West of Highway No. 65, North of 53rd Avenue N.E.� and East of the Targe�, parking lot, the same being 785 53rd Avenue N.E. MOTION by Langenfeld, seconded by Shea, that the Planning Commission open the Public }Iearing on the request for a Special Use Permit, SP �{76-1b, by Pop Shoppes of Ar�erica, Inc. U�on a voice vote, all voting aye� Chair- person Harris declared the Public Hearing open at 8;23 P.M. The same people were present as for the first Public Hearing. Mr. Boardman said that as was discussed before, Pop Shoppes would be doing mixing of the pop, storage of that pop and retail sales of that pop within 9C . Planning Comr�ission Meeti.n� - January 19, 1977 Page 5 that building. He said that as f�.r as the,y could tell, it fell under the caie�ory of rei;a.il or �.�t;alesale sa2es or service uses, such as creameries and dairies, where there was the mir.ing of a product and storage vf a product Sor retail sales. Chairperson Narris stated he had a slight problem with that, and said it Iooke�l like e:ithe: a t�I-1 or J�i-2 use to him. Mr. Boardman said they had felt the rctail ol�erati.on of Pop Shoppes was more characteristic of C-2S zonin�, and probably over 5!Y; of the retail sales in the metro- politan area woulc3 be handZed ou�t of this loca�ion. Mr. Zavitz stated that �rhat they tried to do i�ras manufacture arid sell directly to the public. He sa�_ci i'op "hopp�s could be cornpared to AicDonalds beeause their process r:as one ial:ere they tool: concentrate, mixed it with �rater and carbon dioxide, and b�•tt.led it for sale to the public for con- swnption off-premises. He said they v.ere specialists in soft drinks as opposed to h�ml�urgers, and thei,• b� 1k was consu.med off-premises. He added that they were not at ali differ:.�r�t from a bakery or a l?unkin' Donuts chain for on-premises and off-premises consumption. r1r. Zavitz �tated that they had never gone into a city 1,?here they hadn't had to ansti.�er questions of this nature because thei,e was no pa.rticular zoning anywhere that he had found where they could just walk in ar.d operate because people didn't recognize their particular use. He said he thought the Commission was probably concerned with "degree"; c�;hat was manufacturing and tahat was xetailing. He stated that because they made something they were manufacturing. Chairperson Harris said that as h� looked at the plan, he saw one sales area, one production area, and another area possibly 3- 1� times as large as the other teao labeled "warehou;:.e". rSr. Zavitz explained that was mainly to hold the emp�;ies and t��e fu11 bo+tles ready to move onto the floor. I�1r. Boardman noted that under accessory uses it did allow for storage�of inerch- andise. � � Chairperson Harris asked if in the event this went over well, and he assumed it would, if they would propose an expansion of �his facility on this partic- ular property or if the,y ?aould k�uild ano�lzer. P�fr. 2avitz said tYiey couldn't get too much more equiprient in that area as they �aere at their capacit,y, and they would generally build another one. He added that right now their facility in Duluth �,ras serving a b0-mile radius, and this proposed facility would probably serve a 20-mile radius. 2�Lr. Bergman asked if it was the intent to do bottling at this plant, do product sales, and from ttie bottlin� capa,cit,y also to ship product to other retail outlets. I�Iz�. Zavit� said that tiaas correct. He siated they would ship to their o;•m specialty sources suc}-:- as ti�dest St. Paul and Knoll- wood, tahere they were building f.ree-standin�; stores. He showed the Commission a picture of one of thcir free-sianding retail markets. h1r. Boardman asked if they had any wholesz].e operation going out to supermarkets or other ehain stores� and Mr. 7avitz saici defini�;ely not as it was all an internal process. ' � . Mr. Bergman asked how many outlets this warehouse facility �,ras designed to service. 1�Ir. Zaviiz replied that dependin� on how successful they were�. Planning Commission 1;eeting - Jt�nuary 19, 1977 � Page 6 they werc plannin�; on openin� !� - 6 outlets. �le added that the plant was designed to rnake aUout a half million cases of soft drinks a year. Mr. Langenfelc� asked if there would be any non-returnable bottles, and Mr. Zavitz said there would be only returnable bo�;tles. I•Sr. Langenfeld asked if they woulci be using caustics, a:�d Mr. Zavitz replied they would, but they went �;hrr,u�;h a rer.ycling process. Mr. Lan�enfeld asked how they disposed of the caustzc material, and I�x. Zavitz answered ihat the caustic solution was only I� o in their product; i�; was a very loca percentage and it would go into the se,•rer syste� a.t some point. I�1r. Langenfeld asked how lang 2�Ir. Zavii�z 1:hou�;ht the bot{;lin�; machinery s•rould be in operation during the day� and he replied that durinb the summer they generally ran two shifts, five days a i��eek, and in the �rinter rnonths probably one shift. HE added that. during the Christmas period they usuall,y ran one shift or l� shifts. I�;r. Lan�enfeld asked how rioisy the equiprnent hfas, and Mr. Zavitz replied they had just met a decibel level of 65. He added they were meeting both the OSHA and environmental controls. . Mr. Langenfeld asked if some of the public �ratched the bottling of the pop, and Mr. Zavitz replied that the bottling process vaas in open view to the public and �Lhey invited schools to come in on��ours to watch the pop being bottled. Mr. I,angenfel� asked about the water tireatment area designated on the plans, �a r�. Zavitz explained that all of ihe plants had to have water treating equipment as it was part of the policy of the bottling plant. Iie said it was very siiaple filtration of city ti�ater. 2-ir. Langenfeld asked if they would be using stainless steel tanks, and how many they would be using, rlr. Zavitz ans�aered that tlley would only be using stainless steel, arid there �aould be t�ao 1;00 gallon t�n'�cs and tT�ro 200 gallon tanks. rx. Langenfeld asked if tl�ere would be somebody checking the bar,teria count, and Mr. Zavitz said yes, very definitely. He explained that each week samples were sent to their lab in Denver, and �hey were very critical about quality and their standards were extremely stringent. Mrs. Schnabel asked what type of volume they expected wii;h regard to retail sales and customers co�ing in. I�ir. Zavitz stai,ed they have gone from a • grand opening in Buffalo twelve weeks ago t�rhere they sold 21,000 cases in two days, to areas tahere the�r had sold as feti�� as 7,000 cases in a week. He added that generally speaking, a customer iaould usually buy 1-z - 2 cases; on a Saturday they mi�ht sell 1,000 to 1�500 cases. He said it depended on the market and the time of year. 2•Ir. Zavitz told the Commission that their customer flo�,r was rapid as it only took about four minutes from the time they en tered the parking lot to the time -they left. Mrs. Schnabel stated that using the figure of two cases per custor^er, he was saying that an average Saturday might ��nerate about 500 to 7�0 customers in a store. i•Sr. Zavitz replied that was correct, and added that they were busy about the same time as Tar�;et and had about the same type of market. PSrs. Schnabel asked if they would be o�en approximately the sar�e hours as Target� and Mr. Zavitz replied exactly the same. � A�rs. Schnabel asked if they had tru:.ks that would be doing the shipping to the other s{:ores� and Tir. Znvitz said they would use a local broker to do it. 1 9E Planriing Comrni.s:sion Meetin� - January 19, 1977 Page ? 9F He said they had anywhere !'rom�four trucks a week in the winter to ten trucks a week iii 1,he swu�er� and they didn�t have as many trucks as a normal grocery store would have. �le commented that loading would be done in the rear and vrould be screened. 1•Irs. Schnabel asked how many parking stall.s would be rec;uired, ar�d Mr. Boardnan said that under C-2S it would be three stalls ior every 2�U square feet within the actual retail use area, under the storat;e axea one �tall for every 2,000 square feet was required, and under the ac�ual boti;7.ing area one sta11 for every 1t00 square feet would be required. T�irs. Schnabel said sl-iE v�as concerned about the number of parkin� spaces available s�n.ce the ra�:imum in a day might be 750 cars, assuriing there was just one customer per car. She said she was wondering if �;he 68 car stalls provided would be adequate. P�Zr. I3oardman said that the rapid turn-over rate oi' about four rninutes per customer had to be considered. 2•s. Zavitz sai.d that in i;heir experience they found it to be more than adequate, and it was to their detriment not to have sufficient parking. He said that ther•e might be t:,�o weekends when the parking wouldn't be adequate, but 95`� of {.ne time it ��ould be. Iie added that in the initial stages when they were educating the people about their operation it would take a little lor:�er,� but after that it taould take about four minutes. He said that they employed ofi-duty policement during any special pror►otion. Mr. Langenfeld asked if they could i'oresee any drainage prohlems, and Mr. Boardman replied they couldn't. 1�ir. La.ngenfeld asked how many employees they �•rould have, a.nd Mr. 'Lavitz replied they �,*ould have about six full-time people in the pr•oduction ai•ea, ttao in retail, ti•ro in acco�nting and general management, and appro:ti:na'�ely ten �o firteen part-time students. He said that they hired only local people, and the General T•ianager would be from the Tt,Tin Cities. He added that they tried to keep their work force down to a minimum force of hi�l�ly p�°oductive people. Chairperson Harris commented that it seerned he had heard this all before with l'lywood T�innesota, and they were in a P•�-2 zone. He asked how they justified this. :�tr. Boar�;��an said he didn't see Pop Shoppes in an industrial zone, but saw it more as a retail-type operation similar to a bakery. He said they were not a wholesale operation but a retail operation, and had to rely on a reta�l rnarket. P�Ir. Harris asked what their justiiication was on Plyhood Minnesota, and TIr. Boarc?�nian replied he didn't lmow. TSr. Harris asked about Wicl:es, and 2•Sr. Boardm:an said that the laxgeness of that operation was probably the reason it was i.n an industrial area. He said they had a very, very large s�rnolesale-retail-storage operation, and just merely the size of the thin� was probably the reason. Mr. I,angenfeld said that as far as classification for this, he looked at � it as a consumable product and not a finished product, thereby distinguishing it irom heavy ma�iufacturing and so on. ,fr. Zavi.tz said that as he read the zoning� his operation related very directly to the dairy type of use. He � said that was a filling operation also, and a heavier manufacturing use than Fop Shoppes. . � � � Mr. Bergman said he saw the middle position of the type of activity they were tal.king abou�:, it b�ing in b�.ween the two possible zoning categories. . ��' .w�- ', Plt�nning Comrnission Meeting - January 19, 1977 pa�e 8 9 G � � , � �� 1 , � � � � . He said that he thought of the two, the Special Use Permit within the commer- cial was the better way to �o. • Mrs. Schnabel pointed out that under C-� and C-15 zoning was listed bakeries� cafes, confectioneries, ice cream and soft drink shopes including the preparation of food products for retail sales from their sites only. Mr. $oardman said that was the reason they were looking at a Special Use Permit under G 2S. Chairperson Harris asked where they would go if they needed additonal park- ing� and Nlr. Zavi.tz said that they had 2.3 acres. He said thai their normal.site was one acre, so there would be room to expand parking. He added that they wouldn't have to be prompted if they needed more. - Mr. Langenfeld asked how long they had been in existence, and i•ir. Zavitz replied since May of 1969. r1r. Langenfeld asked about the subsidiaries, and Mr. Zavitz explained that Pop Shoppes International was ot�rned by the Canada Development Corporation which owned Texas Gulf and a number of other companies. He said the company that oVmed 20% of Pop Shoppes of America, which was a subsidiary of P.S.I., was a company called k�nasco which was the parent of S& �,T Foods, Progressi�e Foods; a tobacco cor�pany, Tenderbox Chain of Smoke Shops, etc. He said they had other subsidiaries and a number of other trademarks. � � r ,� �.rs. Shea asked if everything had been frorked out with �bers to their satisfaction, and A4r. Zavitz replied it had. AIOTIOI�r by Langenfeld, secor.ded bv Shea, that the Planning Commission receive the letter to i�s. Ftarris dated January 17, 1977 from 2�Ir. Hyman Edelman concerning Dnbers Restaurant, and the accompanying letters marked as F�hibit A and Exhibit B. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Schnabel noted a reference to a py1�n sign in the letter t�o Mr. Birnber� from rlr. Albergo�ti dated January 5, 1977 {�hibit-B), and asked if Pop Shoppes had a standard sign that they used for identification. Mr. Zavitz replied they did, and shokTed the Commission pictures of what the sign would look like. Chairperson Harris asked t,rhat size the sign would be, and i�1r. Zavitz replied generally the largest alloc,rable. He said that actually �t was usually a standard 1� x 6, 24 square foot sign. Mrs. Schnabel noted that in the past Target had made a request to raise their sign, and �he request was turned dow-n, so there may possibly be a restriction on height. Mr. Harris pointed out that although they could discuss this as part of the Special Use Permit, any signing done had to have a special permit. r1r. Zavitz said he was familiar with that� and would work with the sign people and rlr. Boardman on that. Mr. Bergman commented that administration had apparently gone over these plans to some extent, and asked if there should be any stipulations for the Special Use Permit� such as dealin� with the landscaping. rlr.. Boardman ' Plannin�; Commi.ssion licetin� - January 19, �97? � Page 9 9� '� � � �� , � C� � � � � � said they hadn't �one over it in any �;reat deal yet, but didn�t think they would�have to stipulate it wit?� the Special Use Permit. • t Mrs. Schnabel stated sYie did havn some concern Yrith the traffic flow, and was think�.ng more of the very busy times V:hen perhaps the traffic from Target woulci cut acro�s thc p�>rking lot �to the Pop 5hoppe. She said there would be no internal control o� that tra{'fic because the parking lot was not separated frorn tne road�r�J ��tself. 1�Ir. Albergotti and Mr. Pope showed the Comrr,ission a m��.,� depictirig the relationship between the Pop Shoppe building, the Target hui].din�, ;;:abers P�e� �aurant and the gas station. They pointed. out a ring roa�.� which t:�cy said wculd allow a good flow of tr2ific. I�Ir. /�lbergcJtti said that at one po�nt they did 'nave curbs in there but when there was snoT� i.n the parking lot people couldn't see them and drove over therri and darnaoed �;heir cass, so the�- were taken out. He stated that if they put them in again they would a1�o put in landscaping and trees so they would be visable. . Mrs. Schnabel asked if 53rd t•ras improved if they would implement a plan of traffic co:�t.rol, and I�ir. Albergotti saici that �aas correct. She then asked �rhat their intentions :rere ii 53rd �::? _� not improved, and r1r. Albergotti said they tilould do so,��ethin� . He explain�:; '�iere was money in their budget to do somethin�, az�� it was just a rnat�;er :: deciding hoV� the improvement would be handled. Ire a.dded t:�at they t�rer� ,�lso concerned vrith the traffic � i�low at that intersectior,, �aid assured t!:e Commission that Target would do somethin�. I�Srs. Schnabel as?:ed if he �aas talking about putting some type of barrier down each ro��. :�•Ir. Alber�ot�i said they klould be putting up barriers cvery� so of'ten, but not do;ti�n ea.ch ro�r. He explained that at the end of each rosa there iaould be a curb with landscaping to delineate that it was an access road. Mrs. Schnabel asked if Dnbers had made any request, or if they anticipated using another access do�*n onto Dayton Huason property. r1r. Albergotti said he �thought Embers t•rould like that ver,y much, and they had asked Dayton Iiudson to thir.l: in t-erms of a road connecting the properties. He pointed out. that tiTould make a V:nole different situation where people would be taking shortcuts through L��'�ers, and he personally didn't think it was a good idea. AIr. i�arris co,��:nented that the grade differential was consider- aUle, and asked if there wou?.d be a retaining wa11. PZr. Albergotti said that tahen the hill �Tas gradeci dos�rn there taould be a contoured landscaping. He said there w�s aliout 12' oi difference, but it tiaould be a gradual thing. Mr. Harris thou�ht they might have to use a modified retaining wall. MOTION by Schnabel, seconded by Shea, that the Planning Commission close the YubZic Hearin�; on tne request for a Special Use Permit, SP �/76-16, by Pop Shoppes �f 1�nerica, Inc. Upon a voice vote, all voting a3re, Chairperson Harris declared the Public Hearing closed at 9:10 P.rS. Mrs. Schnabel said she did have some concern on the zoning of this particular properl;,y, and was not sure ttiat light manufacturin� would fall under this definition. Ho�,�evcr, she said, she didn' 1: necessarily 5@P. any ol:her w�y to go on it. Chairpersonc�orrect with aeSpecial,UseePe mitl.ternative either� snd he thought they were , t3 - January 19, 1977 pA�e io 9 I Plannin�; Cornrni�sion td�.e ng t�irs . Schnabrl :,aid tha�: aside frorn that, h�r °tlernow i;hat it would beth the trafiie ilow, and she felt fairly cornfortaJt ho e rra.s that the State pretty well taken care of. She said her �1�€�'° etpth-�t area improved. and the Co�znty would �;e1, their act to�ether and g oin into there 1✓rs. Schnabel said nhetoh�hehTargetbarea �o beg�nawith,��she didn't would be pcople {;ol �, , think Pop Siio�nes would generate� tiiat much rnore additional tra�ovedlnthat itself. SY�e added that iftuationti.tselftraffic systera was imp � mi�ht improve the whole si Sciinabel, seconded by L��'nfeld, that the Planning Commission I�JOTION by roval of the requcst for a Special Use Permit, recommend to Council app ermit the bottling of - SP i�76-16, by Pop S!-loppes of' A.�:erica, Inc.: To P soft drin}-s a,nd a retail out.let, per Fridley City Code, Section 205.101� g(3�0), on Lot 10, and parts of1Zots 11 and 12, Auditor's Subdivision � �,est of Hi�l�t�;ay ldo. 65, North of 53rd No 155, located South of I. 691�, Avenue N.E., and East oi the Target. pas'kin� lot, the saane being 785 53rd Avenue N.E. Mr. Langenf.eld suggested the follo:�Ting stipulations be included in tardin 1 Strict compliance s�ith the terms of the ground lease reg g � motion: ) ^ 2) CoTnplete study done visibility restrictio�nnd 3as stated in ��lb�en°�be used as to traffic ) Pteasonaale j � on retaining l�ralls, tn� n patterns in accord2nce i•rith City Staff reca�.:n..ndations. would A�rs. Schnabel said the only stipulation that she thot�ght neceShersaid that ht the petitioner be folloiai_n� the intehersf�aeren'�t��P�r ��l�but sheethoug H�.ris was not to say the ot ood faith. I�r• in�:eiided to do those thin�s in g ermit. had indicated they rade chan�e could be ha.ndled with tr.e building P said he thought the g . Schnabel Ai•'IF�ZDLD tre 1�10TION to include the stipulation that the intent rirs. � ton Hudson be followed. of the letters of agreer�ent bet�een the Dnbexs and Day Agreeable to T�1r. Langenfeld. � UPON A VOICE VOT�, all voting aye, the motion carried unanimously. air erson Harris declared a recess at 9:20 and reconvened the meetin� Ch p at 9 : 35 � •r�s • CONTIRt1ED: PROPOSFD r`J�INTF'��A;tCr CODE 3• ' was so Chairperson Harris said 'ne had one criticisa'e numbers WaThelCormr►i sion bad he �o:ildn't read i�. and tlilceib7 ee opies� � agreed they did not have very � B�r,man said that he had read a portion of this and had axrived at the Mr. C to wha�: ti�e content of the �eeling �hat they still weren'�: in concert as maintenance code sho�ild be. Iie said he thou�;ht they had agreed they were ' Plt�nning Commission Meetin� - January 19, 197? � � pa�o 11 9 J goin� to �ry to reduce this down by adhering to the maintenance considera- tions only, rather than construction, and yet whoever was puttin� this to�e�her wasn't follorring that. For example, he said� there�was still a requirement in there that every room have a window. � Mr. Boardman said he didn't feel they had gotten that far. He said that at the last rneetin� it had been discussed and the Commission wanted it broken down into a rnore clear direction. He stated they had put it into consistency and related it according to health and safety items; their (. efforts had been�in the organization of the code for a more proper review. � , Mr. Bergman comraented that he didn't see a definition of maintenance in ihe proposed code. Chairperson Harris suggested that perhaps they could start with the introduction and take it section by section to get started on it someplace. Ps. Bergman said he thought they had agreed on a definition of maintenance, and he had looked for that definition as a gauge in the review. Nir. Langenfeld said he had provided a definition a�: one point. The source iaas the American Heritage Dictionary, he said, and the defi.nition �ras a) The action of continuing carryin� on, preserving or retaining sor�ething b) The work of keeping something in proper condition. ��• Mr. Bergman said he recalled 2�ir. Langenfeld reading that, and recalled himself referencing another document where maintenance was described as the care and caretaking of that which exists. He said it would then be out of line to sa..;� someone haci to put a:aindow in a taall because maintenance � means care for T,�hat already ex,isted rather than build more. iirs. Shea noted that the Building Inspector could set that aside, so there was a way , , � L� � � � � � out. Mr. Bergman said he thought a definition of mainten ance belonged in the fron�; of the code, and what follows should be consistent with that defin- ition. Mr. r3oardman said he thought it should be in a preamble or the opening statements. l�ir. Langenfeld stated that he thought the preamble was redundant and suggested eliminating the first sentence to simplify and shorten it. Chairperson Harris noted that this preamble was longer than the preamble to tl�e constitution, and the iahole country was run by that. rlr. Boardman s�id they k�exe not only talking about maintenance, but blighted premises and structures harboring conditions dangerous to the,public health, safety, and general tilelfaxe of the people. He said they were also sayin� that fault�r design or constructioii, failure to keep them in a proper sta�;e of repair, lack of adequate lighting or ventilation, inability to properly heat, etc., tiaere causing this disproportionate amount of expenditure of public funds for public health, safety and welfare. Chairperson Harris questioned thc last statement concerning public funds, and asked if that was what tney were really doing. rir. Boardman said this referred to crime prevention, fire protection, and things like that. rir. Har.ris asked if there wasn't a�+•indow in sornebody's wall, if they would be expending those 111nds. rSr. Boardman stated it was in the interest of public hea�th, and Plunnin� Commission Meetin� - January 19, 19?? � Page 12 was required in the Statc Building Code for a reason. Mr. Bergman said that then a house may er.ist prior to code (for example by w�y oi' a"grnndfather" clause) that Vras acceptable from a building code const:vction control, but, now they rrere coming up with a maintenance code that said it was nat acceptable. r�r. Boardman said what they were saying was because that structure c:xisted the way it rras and met code because it was "grandfathered" in, i.t rnay be a fire hazard. Since in �,+as a fire hazard, he continued, there should be some repair work dane to that so it was no longer a fire hazard and there wouldn't be an expenditure of public monies for the protection of that structure. Mr. Ber�man said tha�: meant that somebody had to decide what ��as a fire hazard and �ahat wasn't. He stated that Mr. Boardman was defining the previous code that existed when that hone was built as allowing a tire hazard in iis design. � Mr. Langenfeld said he felt that P�Ir. Bergraan ha.d good point.s, but it seemed � to him that in order to use this docur�ent �;hey had to first go throu�h it and condense it, and then after that g'o throu�h it again and hit on those items �that had been brou�;ht up. Chairperson Harris suggested skipping the � preamble and moving on to the code, but 1��. Board:nan said they should handle the preamble because it �ras the basis for the code. � ' � � , � � � ' Mrs. Schnabel asked if it was necessary to have a preamble, and Mr. Boardman replied that it was necessa.ry to have a statement saying th?+., they kne�•a what they were going to talk about. For instance, he said, if they were going to talk about the conditions dan�erous to the public health, safety, and general welfare, they had to know what those conditions rrere to be taken into consideration. Mr. Bergman stated he felt they should define rihat they meant by Maintenance, in other words, the scope of this document. A1r. Boardman cemmented that •they would probably have to rewrite the entire preamble as far as the scope and what they i•:ere trying to accomplish with the maintenance. He asked if they were trying to accomplish, with the maintenance code, elimination of conditions dangerous to public health, safety and welfare. P�r. Bergman replied that in that broad of a context he would have to say no. Mr. Board- man then asked the purpose of developing a mairitenance code, and Chairperson Harris said it was to insure the inte�grii,y of the residential neighborhoods. Mr. Bergman added they could accomplish that by putting an acceptable limitation on the normal deterioration and blight of the buildin�s a.�d iacilities. ;; . .. Mr. Boardr,ian asked if they �,�ere going to atter.ipt to correct things that were wron� taithin the buildin�s, and cited an eaa.r�ple of a stairway with no handrails. ile asked if that would be a maintenance item. rir. Langenfeld said that in his opinion that would be a safety item. Mr. Poardman asked if they were going to talk about the safety and gerieral weliare of the public, because if so, that was more than what t•Ir•. Langenfeld's definition of maintenance was. Mr. Boardman pointed out ttiat if they went into safety in one area, they �ould have to go into it in other areas. T1r. Bergman asked if there k�as txny other code that would cover an item such as the hr�ndrAils� r�nd Pir. Boardman replied there was not. 9K i . :'Plunning Commission Meeting - January 19, Z977 Page i3 F . G` Mr. Lar�genfe].d said he didn't mean to sound harsh, but everytime they ` started on this code they bounced all over the place. He sug�;ested that perhaps they could start on page 1 and hear everybody�s corn.�ents. 2�tr. � Boardman explained that he was talking about the preamble rjnd whether they wanted to just handle r�aintenance and preclude safety items. 1 Mr. Langenfeld said that in reference to the preamble, he thought that perhaps they could eliminate the first 7� lines and pick it up where�it started talring about Fridley only. He comriented that he definitely felt that they had more than maintenance actually ir�volved here, and they were goin� to end up talking about construction, main�tenance, use, and so on. He fe]_t they should cor.dense the preamble first and then talk about it. He added that he thoughi the last portion of the scope was a bit severe� and he thou�nt that the purpose was sufiicient. i�ir. Bergman commented that it was interesting he had marked his copy consistent with what Mr. Langenfeld had just said. i�ir. Langenfeld gave the Commission a further exa,rnple by showing them his copy of the proposed code with his comments noted rrhere he thought they could omit, simplify, etc., throughout the rest of the code. I�ir. Bergman said he had started out the same �ray, and then it occun�l to him that he didn't know what he was doing, and that was when he got back to the definition item. He asked what they ti:ere going to address in this docur�ent as he found that in other concerns there was a health code, safety code, construction code '��arid maintenance code, a�d �;hey were separate documents and each addressed different th�.ngs. �ie noted that they had a mixture here and he didn't really know how to deal with that. Mr. Boardman stated that all the items in the proposed code dealt with � construction and housizlg structure. �He said that there ti�rere certain things in construction that �,Tere safety hazards--not only to the people who lived there but to the fire fighters if they hTere called in. ' ' � , � , � 1•1r. Bergman suggested tt�at perhaps they should call it Maintenance, Health and Safety Code. hlr. Board.-nan said that perhaps the definition of mainten- ance is where it snould be handled under this code, and suggested that maintenance was maintaining the structure for health and safety purposes. Mr. Bergman said t�at he didn't see how they could come up taith a definition of maintenance that was in conflici with ihe generally accepted and u.nder- stood definition of the i.erm. rir. Boardman read the scope to the Cor�:nission and noted that even that dealt with more than what the simple definition of maintenance was. T�r. Langenfeld suggested renaming it Completed Structures Building Code as he could see where "r�aintenance" was starting to throw this 1I1i0 difi'erent categories. Chairpersoa Harris commented that he thou�ht if they did that they would get into trouble with the St�te Building Uepartment because they would see this as an al;tempt to circumvent the State Building Code. Mr. Boardman suggested t}�at they get back to the subject of the preamble, and Pir. Ber�man a�ain sug�ested definin� maintenance. Pirs. Schnabel said that maybe they should �o on the tact oS what ttie intent of the ordinance was, and the intent was to prevent blighted areas from occurrin� as well as 1;o protect citizenry in terms of hea].th and safety from deterioration 9L Planning Corarni.;sion Meeting - January 19� 197? Pr�e 1!� o.f dr�ellin�s within the city. Mr. Bergman asked Mrs. Schnabel if she would be comfortable w:ith a"i;aintenance" title then, and s.he replied she would because she thought that pretty well defined rrhat maintenance would be. rSr. BergMan said he couldn't see a maintenance code tellin� an owner that he must now put up a railing on the si;airway or a windo�+r in a wall, consid- ering that i•rhen he nad bouoht the house it had met any code stipulations. Mrs. �chnabel said that they mi�tit come to those sections in the proposed code and then delete them if they didn't feel they fell within what the intent of the code was. Chairperson Harris stated that in llis mind, a maini;enance code was to maintain status quo--keep things the way they were. I�Irs. Schnabel and P•irs. Shea disagreed with that de1'inition. 1�ir. Harris said that what they �:e�e talking about in sor�e �reas was an up�rading code; upgrading the structure by adding windows or staircr�ay railings, eLC. He said that to him maiizten- ance was keeping the structure the ti•ray it was T�,hen it was built. Nlrs. Schnabel said that a structure may have been built suc:n a long time ago that the construc�,ion of it, by today's standards, ��as no�; adequate. I•Srs. Shea said she felt that maintenance i•ras maintaining a building so it taas safe and healthy. i�ir. Harris said that then that would mean upgrading it in some areas. i�,r. Board.^�an stated that I�irs. 5hea was saying that maintenance was rnaintaining a building in a health situation, and to do ,. that the upgrading may have to happen. ;�;r. I-iarris said he felt that was m�re than rnaintEnance. :-ir. Langenfeld said he felt the ��.hole intent of thi.s t�ras to be a Structural peterioration Preventive Code, and sugges-�ed that as a possible title. He said then they could touch on maintena.nce, safety, etc. , MOTION by Langenield, seconded rename the proposed �Iaintenance Code". � �� by Shea, that the Plannin� Com�rnissi_on Code "Structural Deteriorata.on Preventive Mrs. Schnabel asked if he �,ras spea�cing of all structures i•:hether they were commercial, resident•ial, or whatever, and i�ir. Langenfeld replied that the intent of the motion referred to dwellings in the "R" districts. 1�Sr. Langenfeld Ai�1ENDED the rSOTION to read "Residential Structural Deter- ioration Preventive Code". Agreeable to rirs. Shea. I�lr. Bergman said that he appreciated 2�Zr. Langenfeld's good intentions, but he would ha�Te to vote against tne motion. He felt that "l�iaintenance" was the proper and correct title to put on this document and felt they should adher to �hat. rlr. I,angenield cor.�nented illat if they did that, nnich oi the document would have to be elirainated. UPON A VDICE VDT�, Zanoenield and Sizea vot�-rig aye; �iarris, Ber�man and Schnabel voti�g nay, t}le motion �ailed 3- 2. . h10TI0N by Ber�man, seconded by Schnabel, t�iat ti�� Planning Commission insert in the i'reamble and adopt the dei'inition of the term "maintenance" 9M Planning Commission Ifeeting - January 19, 19?? Page 15 a.s applicable to the propo�ed Maintenance Code as follows: a) The action oi' contS.nuing carryin� on, pre�erving, or retainin� something b) The work of keeping something in proper condition. Mr. BergmJn read tiie Pre�rnble to the Cornmission as he suggested it would read, deletin� the whole fir�t sentence, eliminating "lack of adequate lighting or ventilation", and after the v:ord "City" merely adding the definitiori of "I�aintenance". }ie said he felt that would be reasonable content. Mr. Langenfeld stated he �•ras �n ful_1 agreemen�; r�ith striking the first sentence, but couldn't go alonb ��rith elir�inating "lack of adequate lighting or ventilation" because that was in the preamble to make the reader aware that these conditions can ar,d do exist. He explairied that was just creatin� a.n awareness of a situation. Mr. Boardman said he ihought one thing taas bei.ng lef1; out, and that was a statement of what they i�rere trying to accornpli.h. He said that was the purpose of the Prea•nble, and it sr,ould state what they were trying to do with the code. He er,plained that the first seven lines V�ere a statement of £inding, and the Prear►ble should also state what they were trying to declare and what the purpose of the ordin ance was. I�:r. Boardman said that if they had to go into court i��ith this, t.zey �vould have to have a solid ��tatement of reason as to �.�hy they were getting into this. I�1r. Langenfeld said that as far as he was concerned, they had that in the last hali of the existing Preamble. He adc�ec? that orle of the thin�s that t•:as bad about ordinances was tnat they had so �:�any words they couldn't be interpreted. rir. Bergman said that if the�r �rere to pursue the motion, some of this , would really be at�ki�rard. He asl:ea if lack �f maintenance of an existing , building would re�lly neeessitate excessiye and disproportionate expenditures of public funds for public health, public safety, crime prevention, fire , protection, and other• public s�rvices, thereby causing a drain upon public revenue azzd impairin� the eificient and economical exe�cise of governmental functions. Chairperson Harris said he didn�t think they could prove that. � '-, � � LJ � Mr. Boardn�an said that because of these conditions it may be necessary to expend more police �;irne. He said that i.f an entire area was deterioration and conditons were such that ma�ntenance was in poor cordition, ;�ore police time �oould probably be e�:pended in that �ea. He said that he iaas sure a lot of this was i�.ri�.ten up urder that premise--that more police time was spent in areas where there was deteriorai;ion aiid more blight because the conditions were such that they allowed more cximinal activity. He added that the saxne may be found wi�;h the fire department in these areas. I Mr. Ber�man stated he thoug}it part of r�rhat r�r. Boardman k�as saying had some truth to it, but it was greatly overdone. He said he thought one thing that was lackiil� tlere iaas a statemeni; to the effect that they were concerned about this because blight expands and is found to be the cause ' of additional blight. . � 1 . 9 r� � Plannin� Cornmission t•teeting - January 19, I977 ' Page 16 ' Mr. Boardman said t�,ey had to have in tl-ie Preamble some kind of statement of findir.� �to show why ttiey had 1;his code; far ins �ance, 1'or protection of public saiety, hea"li;h, and welf'a.re, and for the dispraportionate amount � of public funds being spent anc3 maybe even for aesthetic reasons--for the upgradin� of the �enr-ral character oi the Ciiy. � � ?�Ir. Ber�r��an sug�;estcd that he chan�;e the motion to include the or�anization oi'�;he Prearnble and the �eneral approach used, but to add a definition of "maintenance" as applicable to this docurnent. i,'Ir. Boarciman said he thought the definition of rnaintenance would be more appropriate in the Scope than in thc I'rearr,ble, and the Carr�mission agreed. • Air. Bergr.!an Ai°�dDED the 2�ZOTIOIJ to change, �rithin the Preaa�►ble; the word 1 "dangerous" 1;0 "detrirnental.", and to delete the phrase "lack of adequate lightin� or ventila�;ion'�. 1-1rs. Sch.nabel sl;ated that she couldn't second that. She e�plained 1;?-�at he had added deleting the phrase "lack of ' adequate lighting or ventilation" after she had seconded the motion the first time, and she reall.y didn't agree with that. ' Mr: Bergman AI•ir.`�ID�D the I�i0TI0Pd as folloias,; That the Planning Commission accept 220.02 Preamble of the proposed l�laintenance Code, changing the word "dan�erous" to "detri.rnental". Agreeable to I�irs. Schnabel. UPON A VOICE VOTE, all vating �;,-e, the motion carried unanimously. � '� . Mr. Langer.feld saicl that he would like to see the Commis5ion continue to go through the docw�ent and ma'.:e notations, as he had shown everyone, and see �:'c?at the�� could do on that basis. He added that he felt they had spent enou�il time on this #'or t•onight. I�Srs. Schnabe=�_ suggested that if anyone cared to ch ��e any of the wording in any way, that they come to the meetinb t,;ith their nei,* language written out so they could perhaps proceed a little quic�er. Mr. Bergman said he i•rould like to suggest that they also attack "Scope", and Chair��rson Harris a�reed. i•1r. Harris asked if they wanted to incorpor- ate the maintenance definition in Scope. I�ir. Boardman corrunented that he wondered if "maintenar�ce" shouldn't be under Definii:ions, and noted that under orjectives there was a kind of definition of m�i.ntenance. He asked what the Commission's feelings i•;ere on ihat. 1�1r. Ber�man said he felt it was proper to call tt�is a P�laintenance Code, and the definition of that . ter;n was really �rhat the Scope was all aUout•, and that is �rhere it should be. He said that t:e would su��est i'urther that it could be repeated back in Definitions, but it was really basic to understanding the Scope. rI0TI0N by I3ergman, seconded by Lan�enf'eld, that what is described under Scope in the Fridley Residential P•Iaintenance Code be deleted and replaced with "The provision of this Ordinance shall apply unifornly to the maintenance of exisl.ing structui•es ��:�d facilities, where applicable��. Ttaintenance as applicuble in this document is defined as f�llows: a) The action of • � � � Plannin� Commission t�ecting - January 19, i977 Page 1? continuin�; carryin� on, preser.vin� or retaining something b) The work of kee�in�; ��rnething in proper candition. Upon a voice�vote, all voting aye, the motion carried unanimously. . MOTIOPd by Shea, seconded by Lan�;enfeld, that 1;he Planning Commission continue the i'roposed 1�aintenance Code until the next meeting. Upon a voice vote, all votin� aye, the motion carried unanimously. � Mr. Bergman said it was his im�ression tha�; with that rnotion as the Scope� drastic things would happen to this docurnent, mainly in the form of dele- '' � tions. I•;r. Boardrn-�n stated ttiat he would have to digest 1;hat. ar�d would see what would happen. • %. COPITI:�IU�D : HUT�`.AI•3 DEVELOPI-iEIIT GOALS A1�� OBJECTIVES Mr. Boardrn�.n said thr�t they had gone through this briefly at the last meeting �nd there had been a motion to continue so it could be properly reviewed, and nov� he �:as open for questions. I•SOTIOPI Ly Schna.be3, �econded by Bergman, that under D�t10 the word "mothers" be changed to "parents ", and "V�omen and children" be delel:ed and "all citizens" added. Upon a voice vote, all votir.g aye, the r►otion caxried �?nanimously. MOTION by Langenfeld, second�d by Shea, that under Dl�20 the ��ords "in order" and "morc'be deleted. Upon a voice vote, all voting aye, the motion carried unanir,lously. P�Srs. Schnabel noted the words "within the I•ietro Area" under D5�10, and asked if it «as the responsibility of the City of Fridley to promote a better understandin� of minorities �*ithin the 1�letro Area. rir. Boaxdman said he Z� as �:ryin� to bring out �:he responsibility of the City as a broader unit tha,n just the City itself; it did have a responsibility to the metropolitan area also as a neighbor. Chairperson Harris asked why they were limitin� it to the metro area, and saggest,ed it read "Promote a Uetter understanding of minorities and encourage programs which provide opportunities for their development in society." MOTION by Schnabel, seconded by Shea, that the words "within the rietro Area" be delE:ted i'rom D5lt0. Upon a voice vote, all voting aye, the motion carried unanimously. � MOTION by Zan�;enfeld, seconded b,y �hea, tha� the zaords "a �etter" be d�leted fr�m i'ro�ram Objectives D�1D, D�LD, D�3� �� D�1t0. UpDn � voice vote, a11 voting a;ye, the motian carried nnanimonsly. �. CO�ITT;L)T�: SECUTiITY G011LS A?v'D �BJECTIVF.S �ir. I.aneenfeld read Goal Statcment S].00, and said the i'irst ti�iri� that �ame to his mind was, "liow?". He said ii. just seemed like nn impossible i! ' P1��nnin6 CommiJJion Meetin� - January 19, 197? � . Page 18 - - -- 9 Q statr.ment to make. "c5.vi1 wron�s". t4r. o�' i;he individual". civil wron�s, etc. Chairperson Harris said he had trouble with the term Lan�cnfeld suggested just sayin� "Assure the security He said that "security" would involve .criminal acts,• Chairperson fiarri� said that with the term "civil wrongs" in that statement he �;ot the feeling t}iey �rould be asked to choose up sides in a neighborhood disa�reement; i.e., kids running through a garden, etc. T�r. Boardrnan said that he was thinl;ing more in terms oi' wron�s of the justice system itself. In other words,. he said, discrimination against the civil liberties of a person. He said they would try to find a better term, and suggested "civil injustice". Chairperson Iiarris suggested that they think about�it as he couldri't think of anything offhand. ' . N07'ION by Lan�;enfeld, seconded by Schnabel, that under S110 the second "that" be eliminated; and under 5120 the word "national" be changed to "natural". Upon a voice vote, all voting aye, the motion carried iznan- irriously. � ' , MOTION by Langenfeld, seconded by Schnabel, that the words "all elements oi'" be deleted under S150. Upon a voice vote, all voting aye, the motion carried unaniMOUSly. ' �J , �i �_J , , ' � �Irs. Schnabel comriented that she would like to know how they could get ��the justice sysi;er� to respect the public; she didn't think it was possible. Mrs. Schnabel asked if there should be an objective which included inform- ing the citizenry of safet;,r programs available to them, such as Operatior, Identification, etc. She also wondered if something should be written in that �aould include the services that were available �;o people in times of trouble, such as the Poison Control Center� YES, Suicide 1'revention, etc. 2•ir. Boardman read Program Objective 5130 to the Cornmission, and said that he thought �,hey were talking about that type of thing in there: He added that informatior. on that type of thing would be included under Yolicy Development rather than Objective. _ Mr. Boardman pointed out that on page 23, the Program Objective should be S210 instead of S200. A1r. Langenfeld said that regarding page 21t, he would like to lmow how securit,y �ot involved with environment. rir. Boardman said it meant securing the environr�ent for the residents. Mr. I,angenfeld read Prograri Objective s33o, and said he would like to see "and eliminate" deleted. Air. Bergman suggested it read "Eliminate or control...". A90TION by I,angenfeld that the l�ords "and eliminate" be deleied from 5330. �iotion died for lack of a second. tir. Bergman said that he would like to comment on Goal Statement�S300, xhich said "Assure the conservation and improvement of the environment..." He said he didn't know how improvement could be rissured, evsn as a goal. � Plr�.nnin� Commission 11cei.i.ng - January 19, 1977 Page 19 9R ❑ He added that he would think that assuring the conservation was rnore what they were talking abo�zt. Atr. Boardman stated that it was the con�inuation of the conserva�ion that exists, plus improvernent on the existing situation. He said that could be assured throu�;h evaluating p:oblems of air, water and noise control policies, pollution atatement policies, renewable �.nd non- renewable resotirces and pre:.ervation of natural habitats. Chairperson Harris asked if Progr�rn Objective S31�, Preservation of natural habitats, would elirninate construct;ion. Mr. Boardman said it would not as it didn't say "all" natural habitats. . 2•SOTIOPI by Ber�rnan, seconded by Langenfeld, that Pro�ram Objective 533� be changed to read "E19_minate or coni;rol disease-carrying pests, noxi�us weeds and harmful insects". Upon a voice vate, all voting aye, the motion carried unanimously. Mr. Langenfeld read S1UyJ to the Co:,unission, and said to hirn that just meant ' getting the victims to the hospi�;al as quickly as possible. r1r. Eoard.rran • said they were referring to a natural disaster and the control and policing of the area so the victir��s could get back to their everyday,,normal life ' pattern as quickly as possible. Tn other words, he said, a clean up and that type of thing after a tornado. . 1 , � I' 1 rirs. Schnabel said she didn't understand the term "activities". 19r. Boardman �,^aid this meant the norraal functional activities of the city in general, sucl� as busi.nesses returnir.g to a normal pattern of activities. tir. Bergman said he would have triought two dif�erent taords ti�:ould have been used: instead of "victi�ns", use "casualties"; and instead af "activities", use "facilities". A9r. Boardman suggested eliminating "victims and activities" and substituting "conditions". . PSOTION by Schnabel, seconded by Bergman, that Program Objective S430 read as follozas: Help facilitate the re�;urn of conditions to a suitable productive state as quickl,y as possib?e.. Upon a voice vote, all voting aye, the motion carried unanimously. 6. RECEIVB APPEALS COi�:i`IISSIQN i•iITNTES: JANUARY 11, 1977 MOTION by Schnabel, seconded by Langenfeld, that the Plannin� Commission receive the Appeals Commission minutes of January 11, 1977. . rir. Langenfeld noted that the Appeals Commission was still going after the ', ' economic feasibility versus hardsliip question as well as t2ie devaluation problem. He commented that he hoped they got some help soon. rlrs. Schnabel I said she had received no response yet. � ', Mrs. Schnabel brought to the Commission's attention the second to last i paragraph on page 6 of thc Appeals Commission minutes. She said she was amused toni�;ht to see that Pop Si�oppes had a wliole book of signs, and the ' mt�n had said they would pick the lar�est one they could. She stated that was exactly what :irs. Gabel had discovered, aa�d they should be aware of � this. . �r ' Plf�r�nin� Commission I�Ieeting - January 19� 1977 �J � � � � Pa�e 20 UPOT�1 A VOICE VOTE, all voting aye, the motion carried unanimously. MOTTON by Lan�enf'eld that the second to last paragraph on page 6 of the Appeals Commission minutes be included in the Planning Commission minutes of Ja.nuary 19th so the word could get around and a few more people could be ini'ormed of' the findings of the Si�n Ordinance Committee. Mrs. Schnabel cor�mented that the City Council should be reading the Appeals Gommission minutes anyway, as they went directly to Council. Mr. Langenfeld ti°rITHDREW THE 1•�OTION. 7. RECENE HUI�'A11 R,�'a.�,OURC�'� CO?�'�•SISSION P�IiJUTES: JAIdUARY 6, 1977 MOTIOII by Langenfeld, secorid'ed by Shea, that the Planning Commission receive the Hurnan Resources Comrnission minutes of January 6, 1977. Upon a voice vote, all voting aye, the motion carried unanimously. � Mrs. Schnabel said she would like to comment that she felt it was a shame that the Planning Cornmission didn't receive these minutes until the ni�ht of their meeting as they didn't have the �;ime to go through �� thera. She noted that these minutes were taken January 6 and �reren't included in the packet, yet the Appeals Corrimission minutes were t�en January llth and ��*ere included. She said she reali�ed the secretary ' had a tremendous arnount of minutes �o go through in this case, but thought it was unfortun ate they didn't have the op�ortunity to read them _ all the t.*ay through because she felt there was probably a lot of interest- ing material itl t.�em. A4rs. Shea said that she had requested that,these ' minutes wait until the next meeting so they could be included in the booklet. ' ' � ' ' rir. Lan�enfeld cornmented that the sarne thing happened almost all the time t,�ith Llivironmental Quality Control minutes. He said that when something like that happened, it was his assuription that the Chairperson would indicate any highlights. 8. F�ECEIVE COI�I?-;UNITY DEVELOPi�?1'sNT CO"_•`?-1ISSION AIINUTE5: JANUARY 11, 1977 MOTION by Bergman, seconded by Langenfeld, that the Planning Commission recei�te �:he Corrununi�;y Development Com�nission minutes of January 11, 1977. Upon a voice vote, all voting aye, the motion,carried unanimously. Tir. Bergman said that in their rrieeting with the Bikeway/`4Jalkway Comr�ittee they discussed many things, and on page 6 identified items of concern or consideration. � MOTION by Bergman, seconded by Langenfeld, tYiat pass on to Council the followin�; concerns that Bikew�y/�r7alkw�}r �Irn�lementation: ' � the Planning Commission were raised during the � S , Plbnning Coinmis�ion Meetin�; - Janur�ry 19, 1977 Page 21 � T 1. The uuggestion to zdentify a selected advertised bike day. 2. To review the route and intersection problem at Highway 65 and 53rd Avenue. 3. The concern for other major i.ntersectional crossin�s. 1�. The su��ested widenin� of sidewalk ��here bikeway joins same. 5. Commission unan:irnit,y again�t state licensing. 6. Reque:st for directional arrat��s un bike routes. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Mr. Bergman said he had corne to this meeting intending to make a motion to get secretarial help for the Sign Ordinance Committee, but he saw that had already been taken care of. OTHER BUSII�F,SS : Mr. Boardman brought the Co.mmission up to date on what had happened with the East River Road Project Committee. He said that on October 6th the Planning Cor�rnission sent doi:�n to tr:e member Commissions the Parl:��ay Development 1'la.n; on November l�th Hurian Resources acted, on T�ovember 9th Community Dev�lopm�ent acted, and on Idover�ber 15th Parks and Recreation acted. He stated there had been r.o action-ta�en by the Planning Comm�_ssion on those responses, and suggested that they respond at the next meeting. Mr. Boardinan informed the Commission that cor,cerning the "baby" for the Cardiopulr�or.ary Resuscitation Programs� Bob Hughes had attended that City Council me2tir.g and said they did not need that for the Fridley Fire Department. Chairperson Haxris said he had talked to T-ir. Hubhes about a week ago and found that the problem k�as they did not have the electronic recorder for the "baby". They needed the recorder, he said, to te11 them i� the resuscitation t-aas being done correct7.y to sustain human 1ife, and that particular piece of equipment cost about $900 to $1,100. NIr. Harris stated that he thought this prograri ��as of utmost importance, and this was �rhere the City should provide a service. He said that if it cost $1,T00 for a recorder, he thought that was what they ought to have. � t;OTION by Langenfeld, seconded b,y Bergman, that the Planning Commission recorLmend to Council tiie purchase of the electronic recorder to be used for �,he education of the citizens of Fridley. Upon a voice vote, all voti.ng aye, the motion carried unanimously. _ k1r. Boardman said concerning the request made by the Plannin� Corunission for recommendations from City Staff on the intersection oi 53rd and Central Avenue, they had tiJO recommendations. He showed them to the Cornmission and explained the differences. Chairperson Harris asked how much land thcy would have to take to accomplish this, and 2•ir. Boardman replied it would be a strip about 200' lon� by 66''. He added that they were talking in terms of a project cost of around p10,000 -$12,000, and � i � Plannin� Commissi.on Meeting - January 19, 19?? Pa�e 22 - � � that was for the actual construction. He said that if they had to acquire the pro��erty it would be the acquisition on top of that. Chairperson }Iarris commented that it would certainly improve things, and asked that this be put on the a�enda for the next meeting with all the pertinent information included. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission � continue the discussion of the proposed improvement at the intersec�;ion of 53rd and Central Avenue until 1:he next meeting. Upon a voice vote, all voting aye, the motion carried unanimously. � i � � � ADJOUFtP�I�1T'�IT: MOtION by Langenfeld, seconded by Bergman, that the meeting be adjourned. Upon a voice vote, all voting aye, Chairperson Harris declared the Planning Commission meeting of January 19, 19?7 adjourned at 12:00 A.T•7. . Respectfully submitted, ' . ) �. Sherri 0'Donnell Recoi•ding Secretary , . � , • � � � ' , 'J. � �� / � oJ; � �X : �(\ - . � � t^ t�� ` t p . �o � ' � .� 9 V := � . � . . -�- . r� -�'-s. � � . , ' h . . � Q , � d . 4 y . . s . � . E � � r . °� v ° • L 16 �i) � 6ps � f � , , � j��J��. • ` • �jC 3�uftiLire ofSY A�yiy . =�`s��91 j � ofs!x �fSE'/y --- —`0 -�.;�� tir'�► � — �____---- ; ��4i _ . � _ _ _ _ �. _._. _ ____-�' --- , ' . ♦! � a�, . ' / nh 0 s �i.� ♦ r:3� . . f7• �_ _ .� , ♦ \ . 1 `! s . Q� . � � .r � ♦ '�► � , • � ly E. �' ♦ �' �r ( . ' - � T _ � � � �� . �;. �, . . . .� . 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I _. — . � �'� � ess_ � � r rsa � �si — -- --- _ _. _ -- _ ____- --- _ _ - . ___._ _ i: �q� � .- -'- `.�s/ ._ � -�f�� ,� d�s�ry '� � ��_ _ ��RD.-�� - .. � :�.,;- .- __. �''. ______-�—.- �si �9 � . � � - -- /3�9.15--- -- ---- - S.f.CorefSE%y ed �� - _ — - ------ ----- .. - - - -- — -- A I�- ... _ __ - --- _ _ _ �_ �/"''ti ��f , h �_ -� _ _ _ _ __ _ _ --- - ---- --- --- __TAR�E� �TO�E PR �°CR } _ _ _ � � � FRlD�EY, MINNE:��i� � ��:�i?��..��' r ti�l �LE�Y �� _ __- ___--- _ _ - _ _ _ _ _ . . . . �� ILt�I �C} . ��. �f ' �`qnl� , �-.�..1 r �` , :�� , �� ;. �� , . ' o �_l�� ,c:f��'i'.�:+-r��,+.r� �.. ..� ��I�_� �,��uL�� 1i, �,� t.�%�.)Fi� �`� �JC�lC:S�� p ' O W►liiom S.Loyo �Mirr..h �,:.Nv,t',7E;7 O co,:i��, oc�c � �r.vis: �c�!�.� , r �.. - _ .---- - - - � ' , +` t� '' , I� ' : _ -� , � r� FRIDLEY APPEALS COMMISSION MEETING JANUARY 11, 19?7 MEMB�S PRESENI': Schnabel, Barna, Gabel, Kemper MEMBERS ABSENT: Plemel OTHERS PRESII`1T; Ron Holden, Building Inspection Officer The meeting was called to order by Chairperson Schnabel at 7:33 P.M. APPROVE APPEALS C0�•L^�IISSIO�d P�,I:�NTES ; DEC��BE�. 28,_ 1976 MOTION by Barna, seconded by Gabel, that the Appeals Commission minutes of December 28, 1976 be appraved as written. . Chairperson Schnabel informed ihe Commission that she had talked to the City Attorney and requested interpretations on two of the items they had �,�?iscussed; one was the question of economic feasibility versus economic �hardship, and tne other was the question of devaluation of property. She said that the City Attorney had told her he wouid get some information to her as soon as he had a chance to research the legal cases that were mentioned in the memorandum he had given them. UPON A VOICE VOTE, all voting aye, the motian carried unanimously. 1. REQUEST FOR A VARiANCE OF T�E INTERINi DEVELdPI��NT REGULATIONS FOR THE TZISSISSIPPI RIV"rJR COR�,IDOR CRITICAL AREA, SECTION G, �t, ( B, 2), TO REDUCE TO 55 FEET, T:�E REaUIRr��NT THAT IN URBAN DEVELOPED DISTRICT�, T30 STRt3�TtiRE OR ROAD SHALI, BE PLAC�D NO LESS THAN 100 FEET FROM THE NQRt�IAL HZG��7ATER P�IAR.K OF THE RIV�',�t., AND NO LFSS THAN �t0 FEET FROM BZUFFLINES, TO ALLO,d THE CONSTRUCTION OF A D�aELLING AND A GARAGE ON THE SOUTHEAST�RLY 25 rLET OF LOT 13, AND ALL OF LOT 1lt, BLOCK 5, PEARSON'S CRAIG.�AY ESTATES SEGOND ADDITION, THE SAME BEING 7736 ALDEN WAY N.E., FRIDLEY, MTI`1NESOTA. (Request by Donald & Lois White, 606 Driftwood Road, New Brighton, Mn. 55112). MOTION by Kemper, seconded by Barna� to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. ADMINISTRATIVE STAFF REPORT -k.-- -�iJ�3��£-�3�PO�E _S�RVED BY REQI}IR�SENTS : - _ . : _ -_ _ _ __ _- __._._ Tt�e purpose for the standards and guidelines as lsid out by the � _ ._ ___ _.--------__. ---ln�erim_-Deuelapmen�--�eg�a�ians -f-or-thg--I�ississippi--&iuer Corridor _ _ _ __ .-- ' .:Critieal Area arE as_t'ollows: ' � _ _._ --------- ___-__-- — ____- .___--- , Fridley Appeals Commission Meeting - January 11, 1977 r Page 2 g X ' a. To protect and preserve a unique and valuable siate and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region, and nation; b. Ta prevent and mitigate irreversible damage to this state, ; regional, and national resource; c. To preserve and enhance its natural, aesthetic� cultural� and historical value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and e. To protect and preserve the biological and ecological functions of the corridor. In keeping with the above, the public purpose served hy the critical areas designation, Section G, 1t (b,2) states that there must be 100' setback from the normal high water mark of the river. B. STATED HARDSHIP Without such a variance, the lot will be unbui�3able. Granting the variance will not affect the intent of the law since all but two other lots in the area have houses on them. C. ADMINISTRATIVE STAFF REVIEta: In keeping with 5ection J, 3, of the Interim Development Regulations for the I�lississippi River Corridor Critical Area, the local unit of government may grant a variance from the strict compliance of the setback of the interim regulations after an adr;:inistrative hearing conducted according to the regulations of that local unit of government, and may be granted only then, after the following findings are made: l. The strict enforcement of the setback or height restrictaons will result in unnecessary hardship. "Haxdship: as used in the consideration of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim IJevelopment Regulations. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, I975. i� 3. The dimension variance does not allow any use that is not a __ __ ____ com�atib2� use i.n the_1 and use-dis�rict in which the property � _ _ _ _____ is-located. I ' - - _ -- — --- — - — - -- - ----- ---- --_ ____ _ _- --- --- - __ _--_ � � _-:_ - . .� �.., . __.� _ ,: . .- - . _ _ - _ - _ _ _._ _. _ _ . _ _ _ _ : _- -_ _.. _ - _.� _ ' Fridley Appeals Commission Meeting - January 11, 1977 Page 3 9 Y � , , 1�. The dimension variance will not alter the essential character of the locality as established by these Interim Development Regulations. 5. The dimension variance will not be contrary to the Order. � Mr. and Mrs. Donald R. White were present along with Mr. and Mrs. Clarence Holtze, 7680 Alden Way N.E.� Fridley, property owners to the South; Mrs. Joyce Martinson, 7650 Alden ZJay N.E., Fridley, owner of the property two , lots to the South; and Mr. and Mrs. George E. Wili, 350 Bellaire Way, Fridley, property owners to the Northwest. Mr. Holden explained that the main question involved here was that of a � structure being placed closer to the Mississippi high-water mark than 100'. He said that this past fall the government had put into effect the Interim Development Regulations to control this, so now anyone who wanted to build � closer than 100' to the normal high-water mark of the'river was required to appear before the Board of Appeals. Mr. Holden stated that the lot had a problem of a creek going through it which cut down the building area. He said the road was pretty well built with other structures and it was high enough not to be flooded, and if the permit had come before the City last summer there wouldn't have been any vaxiances required on the lot. Chairperson Schnabel referred to the survey of the lot with the house ._ skel;ched in and asked which portion would be the garage axea and which would be living space. rfrs. �Jhite pointed out the axeas on the sketch and explained they were discussing this with their architect as the con- figuration might be slightly different than what was shown but the dimen- sions would remain the same. Mr. Barna described the layout of the lot to the Commission explaining where the trees, path, etc., were. He explained he knew the lot well as he occasionally took his bike along the path. Mr. Baxna asked for the definition of a bluff and l��r. Holden read the definition to the Commission. Mrs. White said she felt the slope was too gradual to be a bluff, and was surprised it was 1t5'. r;r. Kemper asked if Staff had looked at this and decided there was no bluff line to be concerned with, and Mr. Holden replied that was correct. Chairperson Schnabel asked what the State's rationale was in this particular instance that no structure be placed no less than 100' from the water line of the river. She said she assumed it was to control run off and soil erosion. Mr. Holden said that was correct, and also because of back flooding and ground water contamination and sewage, as well as the visual aspects. He pointed out it would be rather unsightly for the river traffic if all the houses were built right on the edge. Chairperson Schnabel asked if the City had been in contact with members of the Minnesota F.Y�vironmental �uality Commission and if they had sent a person out. rSr. Holden replied that a member of the 2•linnesota E.Q.C. had been out and hadn�t found any problem with the height of the lot. He added �� , Fridley Appeals Commission Meeting - January 11, 1977 Page � 9 z �{ �J , � that the foundation of the house itself would be above the flood level. Mr. Kemper asked how long the Whites had owned the property, and Mr. White said they didn't actually own it yet as it depended on the action of the City Council. rirs. Gabel asked if it would be necessary to build up in places to prevent erosion, and Mrs. White said there was one area that was washed out a bit and one of the things the architect planned to do was get advise on that and make a determination. She added they were willing to do whatever necessary to prevent erosion, and another thing she wanted to do was preserve a couple of trees that had roots starting to show. Mrs. White asked if she could talk to the City Forester concerning this, and rirs. Schnabel told her how to contact him. I�Ir. Barna commented that he thought the creek bed changed every year. Chairperson Schnabel asked if the culvert was on this piece of property, , and Mr. Holden replied it was, and explained it drained into Stoneybrook Creek. Mrs. Schnabel asked if the City had an easement there, and Mr. Holden answered it did. Mr. Barna asked if they were planning a basement, and Mr. 1rJhite replied they were. He explained it would be an above-level basement so there would be very little disruption to the bank, and the engineer's opinion was that it was quite a buildable lot. Mr. George Wili stated he would like to see a surveyar's drawing or an architectural drawing so he would lmow how the house would be situated on the lot. Mrs. Schnabel invited the audience to approach the Board and view the survey of the lot. rir. ��1ili said he didn't understand the reference to the Southeasterly 25 feet of Lot 13, as that was his property. Mr. Barna explained that referred to the culvert; there was a 25' easerrsent on N1r. Wili's property and 25' on the White's property, a 50' easement in all. Chairperson Schnabel explained to the irterested parties that the White's didn't have a finished plan from their 2schitect yet� but had drawn in an approximation on the survey meeting all the code requirements. She said that instead of having the exact house exactly as it will be, the White's had shown them about what it would be like using the maximuxns, and explained it might be smaller. Mr. Holtze asked if the proposed house would have an attached garage, and Mrs. 1rlhite said it would be structurally attached but might not share a common wall or roof as they wanted an enclosed breezeway. r2r. Holtze said he was concerned about the house blocking off his view. Mrs. White said their architect had stated he thought their roof line would come about even with the Holtze's first level as there was a drop of several feet in the property, so they could still see over the top. Mr. ti+lhite added that the design of the house would permit a line that would not obstruct the view, and further added that it was a fairly small house consisting of 2,000 square feet of living space. rir. Kemper said he thought they should all keep in � Fridley Appeals Commission Meeting - January 11, 1977 �� Page 5 9 AA mind that this variance wouldn't have been required last year. Mr. Wili stated that basically what he was after was to protect his invest- ment, and said that he had the lot he owned up for sale. l�•r. White said it wouldn't be a disreputable house since they were going to the expense of having an architect develop it. P•4rs. tidhite added that the house Vrould cost $95,000 at a minimum, and that included $18,000 for the lot. N1r. Wili said he realized that if they kept the 100' setback, no one would be able to build. He added that he had no objection to the 45' variance. � Chairperson Schnabel stated that this request would go from this Board to � the City Council for their review, which would be Februar�,r 7th, and perhaps by that time the White's might have more detailed plans of the house. Mrs. White said that the topographical data had been done but had been sent directly to the architect and not to them. rirs. Schnabel pointed out that ' what they should mainly be concernecl V�ith at this meeting was the 55t setback -- variance. Mr. Holtze said he didn't really have any objections to the var'iance request, but as the next-door neighbor he would like to see plans � of the house. He explained he was still concerr�ed about the proposed house cutting off his view� but he understood he wouldn't be able to settle that in his mind until the YJhite's could supply further plans of their house. MOTION' �y Kemper, seconded by Gabel, that the Public Hearing be closed. Upon a voice vote, all jroting aye, the motion carried unanimously. Mr. Holden commented that one thing that puzzled him a bit was the question of the nature of the bluif, and that would be sor�ething that would have to be checked with the topographical survey they got from rir. White. Mr. Kemper stated -that it appeared to ham that the prospective buyers were caught bets�reen the devil (the City) and the deep blue sea (the T�tississippi). He said he was sure these choice lots should be built on, and they had a situation here where either the City had to give with regard to setback fror► the street or the P��innesota E.Q.C. would have to give on the setback £rom the river. Mr. Kemper said he was of the opinion that since this was an area of already built homes, some of which were already as close or closer than the proposed home, they would really not be violating the purpose of the Interim Development Regulations. He s aid he would be disposed to approve the request for variance. Mrs. Gabel said that she agreed with Mr. Kemper, and also thought that grantin� this variance would meet a11 the provisions in the regulations. She added she felt they should keep in mind that if the petitioners had �hose to build on this lot six months ago they would not have had to go through this variance request. Mr. Barna stated that he could see no problem with ihe Interim Development Regulations as the White's met all the criteria and these were exceptional circurnstances. He added he did feel that the bluff line was right on the lot line, so he would have no objections to the variance providing a properly constructec3 house was built. Fridley Appeals Comraission Meeting - January 11, 1977 Page 6 Mr. Kemper sai.d he would like to suggest that the White�s obtain the archi- tectural plans and show ther� to the interested neighbors before they put their narie on the dotted line. He added that he thought it was to their credit and the neighbor's credit that they wanted to make sure the neighbor- h�od maintained its standard of excellence. MOTION by Barna, seconded by Gabel, that the Appeals Commission recommend to the City Council, through the Planning Commission, that the request for a variance of the Interim Development Regulations for the Mississippi River Corridor Critical Area at 7736 Alden Way N.E., Fridley, be approved. Upon a voice vote, all voting aye, the motion carried un animously. OTHER BUSINESS: Chairperson Schnabel informed the Comrr►ission that there was going to be a workshop on L�Tater Management cosponsored by the League of T,�iomen Voters and the Fridley IIzvironmental Qzzaliiy C�mrnission. She said that the I�Ietro Council had developed the pro�ram and would be holding the workshop at 7:30 P.P�. on January 18th in the City Hall Community Room. It would be dealing with problems of soil, water conditions, water treatment, and ma.nagement and financing of water waste programs, she said, and might be of special interest to people who had lakeshore pr.operty. Mrs. Gabel commented that she had learned something very interesting at ' one of the Sign Ordinance Committee meetings. She said that one of the sign company advisors told her that most cornpanies had a book of different- sized signs because different cities had different regulations, so when � petitioners came before trem requesting a non-conforming sign and stated that was their standard-size sign and they used it all over, it probably was not at all true. i�Irs. Gabel said she thought this was interesting and suggested that perhaps they should b2 more restrictive in having these ' people meet code. • � ' [_ I , ' , ADJOURNMENT: MOTION by Kemper, seconded by Barna, that the Appeals Commission adjourn at 8:30 P.1�2. Upon a voice vote, a11 voting aye, the motion carried unanimously. Respectfully submitted, �� Sherri 0'Donnell Recording Secretary � 'i / , 1 - � � I � I � • � �.,� . . . ; `�� ' /�� / 1 ' , � , ' , , , ' , • � • �� __ ;�� , i. 1.� �� \ 1 � £ � 1 I . • — DONAL� � LOIS WIIITE - I ; . • 7736 ALDEN WAY NE � �`" - 9 CC ` : � , �� . . �-- /49.57— �'•��, � • • ' ,,, ,�� - � � •a J , ; .<•� ..� � • � 's'n `' � • � _] `, ��s�� •.v��2 . r �. �l � . � • •�• \ ' vs. ' � 1 ! ,r .. ! `L_.��,�� . , _ ' J Q. � � . . � ' , } �� it..tl��f� 'i� �tr r. 1 . �'�Y� . /Y ,� '..'( ` i {r �# tii f}��..�� 7; 3, .. .. � . � . �e � " � 1�. � 1 ia � t� t � i�0 4 f-j � do, . ' �j� �i� � �:�� 3 �' 14 �r }, .tjlk� ) :_ t ,tf� :.� � ii { .. .. �� .�� t `'' �� i . if�' w t . �...:.._S�r:��^ ' .��.�•. ' � � �-' ��.i.\��, �J~ � �, ��^ ��_�n �OQl. .. r! � / � ! : t.yS�\ � � ��_. _ - _ ' . G �" � -n f �` � — .. �� _83S . fr/�,_�'�: ` �'� � -� -,�.j�,�,�� ;,F �8 r _ - -: � �� '�, � r�o ",�y , ,�' \� J�' % S36 �� _� L . �. 4,.��fY p q�O -� )( � � �` _ Zi 4� .i'� _�?�� J..- s3 � • U l�, � �.. �^``�" \J �VF+'.. •'" �I' �• ✓:. � /. � . "'"\nf% l /o r � .� 318'� /�" I t� -� ' � � � � \ ` �°r �� . � \ � ��,. �,�,._-, . 1�� ' / �F ;. �'� `� . . - -- � � �� '�_: � /� �E�- • ,.. � •t.�.. � . , • _ _ (� '. �✓, �� "',`+::.�r • • o \ . - . , ` � � �` \ ' �� U� �` ' �� ._'w I .. �_ _i �. ;r` � �' � ' `' ° ,' r � 1 � �'� '\ � ?�-155. �, ao,� ' ,-� o � 1�'",, 32 �� ' l v�:° �,� . � � � - ---- �� — , 1 < � (• � .�,- .., .. , , , �1 � r � ,- EX/ST/NG � - � � .' . � I ; o� NOUs'E � � � � . c�. . . � . t' �. . � f ( � � � �• -� , ? !: � �h. + � � t v `,� / 7 � � ,� N' j ', � . � � : I�. . ; i , ,� . .. - . � i , , � ;� . , � s � 41 . ' . � ' . 1 �;� .. . . i �. ��;: � . � � . � � � � � `; � ' I'1 � 2 (;t'�I�(;1 l:�\( ��'[ lI"I'i: 1ZI�,SIU1;\(:l; I):�1'[::i�iBiTr :1IZt ;11I" 1'l;( .' 1'� 10 CATV COMMISSION MEETING JANUARY 4, 1977 MEMBERS PRES�NT: Mark Scott, KenneCh Brennan, Barbara Hughes, Ed Kaspszak MEMBERS ABSENT: O�t1ERS PRESENT: CALL TO ORDER: Ed Dunn Chuck Hungerford, Manager of GT`l Clyde Moravetz, Staff Representative Chairperson Scott called the �ieeting to order at 7:40 p.m. APPROVAL OF DECEMBER 2, 1976, CATV COMNffSSION MIN�tJTES: MOTION by Kenneth Brennan, seconded by Barbara Hughes, to approve the December 2, 1976, CATV Commission minutes as written. Upon a voice vote, all voting aye, the motion carried unanimously. INTRGilUCTION OF NEW COr1�1ISSI0N MENBER: . Mr. Scott stated that Mr. Ed Dunn was the new member of the Commission. REPORT FROM GTV: Mr. Hungerford stated he talked to Mayor Nee today. :�Iayor Nee I�as been inquiring as to the cost of putting character generators ir� operation for the City, School District �k14, and the Library. �Ir. Hungerford told Tlaycr Pdee they could put one character generator at GTV and put three channels out, one to each of t-hose three places. He said it would cost $3,000 for the character generator and $I,4t)0 each for the channels, totalling $7,200. Mayor Nee felt that �aas reasonable and felt he.�aould • like to press forward with that. Mr Hungerford stated that before Christmas he had talked to the Fridley High School , P rincipal, Mr. Dick Stanton, about the possibility of their setting up some kind of a mini-studio at the s�hool from which they could send whatever they wanted (ballgames, plays, concerts, etc.). They could use the same channel to the cliaracter �enerator. ' Mr. Stanton seemed very interested in pursuing this and said that over the holidays he zaould go see th� Bloomington system and take a look at the Jefferson High Schaol set-up, because they do have a channel that is their own. Mr. Sfianton stated he ' wanted to get together with his people and then he and Mr, i�ungerford will get�iack together. Mr, iiungerford stated that, i�opefuliy, he will have something positive to report at tlie next meeting, ' ' � 10 A CATV CONL*�ISSION Ni�ETING, JANU�'1RY 4, 1977 PAGE 2 Mr. Hun�erford stated that he has been thinking about ali the equipment GTV has ana they are not using it, so they would like to start doing some little things and slowly build up. He feels tliey tried to do too much before the community was really prepared for it. If they are going to try to come back into it, they should really take one step at a time and try to do some little things to create some interest on bof:h sides and hope to get some community support from it. They thought they might start by taking their �nobile unit to a shopping center or store in Fridley and do a kind of "man-on-the-street" interview, stopping people in the store and asking them questions about key topics. They could start out with something like that and see how it goes over and then work into other things. Mr. Hungerford stated he would do the interviewing and he has a technician who would operate the camera and equipment. They would tape these interviews and maybe have a sign on the van that would say it is being taped and would be shown at a certain date and time on Channel 25. Hopefully, it would be good advertising, It will be at a minimal cost until they can afford to do a little more. . Mr. Hungerford stated another thing they are going to do is add vintage movies to their Channel 3 Super Sport Station--prior to the Super Sports, maybe 6:30 in the evening and maybe a couple of times a week in the afternoon. Since they have gotten away f-rom Cinema III, they have gotten calls from people wtto really miss the after- noon showings they had a couple of times a week. They have already signed the contract for these movies and they should begin pla}•ing them in middle to late January. Mr. Scott stated that he and Mr. Hungerford had talked a little about the possibility of access night opening up again. Mr. Hungerford stated he can see no reason why they can't set it up in the near future. As he had said earlier, they can start off slowly again on this and maybe set a couple of hours a week up where they could open it up to the public, if they can get the qualified people to run the equipment. Mr. Kaspszak stated he wanted to kno�a what could be dene to improve the quality of the Fridley City Council meetings so that people watching could know what was going on, not particularly with the visual but with the audio. He would like to see an effort „on Mr. Hungerford's part to coordinate the sound effort and to inform Cour�cil members to speak into their microphones. Mr. Hungerford stated he would look into better microphones and also talk to rs�yor Nee. � OLD BUSINESS: � ' ' 7:. Response to State Cable Board Re�ardin� Renewal of Certificate (MCCC103) Mr. Scott stated that everyone has received a copy of the response to the State Cable Commission on the eertificate. He said he tallced to John Wall�neyer today and the meeting will be on January 14, 1977, and this item on their agenda should come up sometime in tt�e afternoon. Pir. Scott stated he didn't lcnow whzt the Cammission`s feelings were on whether they sl�ould send so�neone to the meeLiii� Lo speuk the Commission's point of vie�a abain. He said he is going to try to be Chere. � lo B CATV CUMMIS5ION M�ETING JANUARY 4, 1977 PAG� 3 � � � OLD BUSIN�SS (CONTINUED): 2. R�uest to Council for Public Hearing on Housecleaning of Ordinance Mr. Scott stated that the Housecleaning Sections are Items 1- 7, 12, and 13 as listed in Mr. Douglas Hedin's memorandum of July 15, 1976. Items 8, 9, 10, and 11 all dealt with the access-pay cable situation which is the crux of the problem they have with GTV and would not be included. � Mr. Scott stated that the FCC has come down with its ruling and, basically, it is not mucli different than the original one. Mr. Hedin will be writing a memorandum which the Commission members should be receiving in the next 2-3 weeks. ' � ' ' � ' MOTION by Barbara Hughes, seconded by Ed Kaspszak, that the CATV Commission send this to Gity Council and recommend that City Council concur with Items 1- 4, 6- 7, �2__and 13 (Sections 405.111, 405.194, 405.195, 405.225, 405.233, 405.234, 405.261 and 405.302) as outlined in Pir. Douglas Hedin's memorandum on the "Proposed Amendments to CATV Ordinance " to Fridley Cable Commission dated July 15, 1976, and concur with tre following changes 405.05, 405.192.and 405.28 as outlined in enclosure dated January 3, 1977, which was discussed and prepared by rfark Scott, Chairperson, and Clyde Moravetz, • Staff Representative. Upon a voice vote, all voting aye, the motion carried unanimously. 3. Work on Access Study Mr. Scott stated the Commission members had copies of the letters he has written regarding the Cable TV �Access Study. Ms. Hughes stated she had been directed to write a letter to the community organizations to survey their interests and use of CATV. She read this letter to the Commission and asked the Cc�mmission members for their reaction regarding comments or changes. She said she would then rec,rrite the letter and send copies to the Commission members. If they have any further comments, suggestions, or changes, they can get back to her. OTAER BUSINESS: ' 1. Possible Tour of Earth Satellite On a Saturday � 0 Mr. Hungerford stated they are waiting for their chief technician who works in this area in St. Cloud to return from vacation as he wants him to give the tour. Mr. Hungerford said this man should be back next week and Mr. Hungerford will get in touch with Pir. Scott to set a date for the tour. 2, Financial Report for 1976 ', ' Air. Moravetz stated IZe had only received a statement dated December 8, 1976, from 14.rthur YoiinS & Company of the service income from the Fridley franchise for the six months ending June 30, 1976, totalling $41,827.80, and a check to the City in the ' amount oi $2,091.39 which is 5% of the annual gross subscriber revenues. Mr. Moravetz stated he had contacted Pir. Hutigerford and told him they wanted a breakdown of the revenues as was done in the past. Mr. Hungerford �aas to contact the finance office � � �� °� �J I ' 1 ' , 10 C CATV COMMISSION MEIsTING, JANUARY 4, 1977 PAGE 4 and relay this request to them and then geC back to Mr. Moravetz. To date, Mr. Hungerford has not yet heard from the tinance office. Mr. Kaspszak stated he thought a letter should be directed to this company with a carbon copy to the City Council citing the history of this thing from whenever it was ciue and ask for a response and a reason for the delay in sending an audited report. He felt a timetable should be set for this response in time for the Commission's February meeting. Mr. Kaspszak stated reference should also be made to Mr. Moravetz's verbal request for a more ade,�uate audited report. Mr. Scott and Mr. Moravetz will get together to write this let�er. 3. "FCC Actions Alert" - FCC Seeks Comments on Cable Franchise Standards Mr. Scott stated that each Commission member can make his statement and comments , and submit them to Mr. Scott who will, in turn, send all the Commission members' statements and comments to the FCC along with Mayor Nee's "CATV Brief" dated April 2, 1976. ' � � � � 4. Set Date for Next Meeting The next meeting date was set for Thursday, February 24, 1977, at 7;30 p.m. ADJOURNMENT: MOTION by Barbara Hughes, second�d by Kenneth Brennan, to adjourn the meeting at 9:10 p.m. Upon a voice vote, al.l voting aye, the motion carried unanimously. ' Respectfully submitted, � .( �'-/%"� c �_�C A--�'�..�/ ' •Ly ne Saba Recording Secretary �J , ' , Note: There are attachments A, B, and C to these minutes 0 0 w 1 I' ' ' ' � � ' ' ' ' ' , �II �-' • ATTACHM3:N'T A to CATV Commission Minutes of January 4, 1977 Enc:losure January 3, 1977 Payment to the City (Page 405-2) to read: ' 405.05 The Company shall pay to tlie City on or before M�r�h-� October lst ....." 405.192 Performance Tests and Certification (Page 405-10) 3. "The Operator of the CATV system sha11 conduct complete performance tests of the system e�-�eas�-er�ee-eeek-ee�eade�-�ee�-{e�-�R�e�trs�s-r�e�-�e-e�eeec� ��-tnea��s� and file with the City a certificate detailing the results of such tests on or before October lst." 10 D Note: The date of October lst was chosen by GTC officials. They stated on this date they would be able to provide a financial statement prepared by a certified public accountant. (see letter of June 30, 1976 from Jeff Marcus-Attachment B) This report is required at time of payment. 405.06 Audit (Page 405-3) 405.28 Cable Television Commission -(Third paragraph, Page 405-20) "The company shall furnish the Coammission with �e�}e�}e-�e�e�� business reports on or before February lst and Au�ust lst ...." advising the Commission on:..... r � Not�:, This schedule is to set a definite timetable for progress and business reports. ,; 0 J . �, ��: �� w.rC :�.�. � L'.:.I�.�..r�w :a% Q.�..�7�1 �L..J a a' td ri M a.... �� r,- t'��. � �'� ►� E- Suito 115 Honnepin Squaro. �021 Cast Honne�in Avc�nuo �� Minnc�apalis. Minn�sota 554'13 .... t�12) 33'i-J2'10 , ATTACtiMI:NZ' B to CATV Commi.ssion minutes bf January t, 977 3ur�.a 30 , 1�3 �6 � � • ' . � - '.. `.. ., 1 ' i. . � � _� � ' 2�1r. MarY. Scott, Ch�irman Fridley Cable Commi.ssion 6431 University I�vcnue N.�. Frid7.ey� 2�ii.nncsc�ta 55432 Dear. Mark : 0 Genex�al Television's acco�ntzr�c� yc�r beqins on Ju1.y � of each year. and ends on Jurx� 30th o� the tol].owing year.. As a puUX�..G company, we are xequ.ir�d �:a havc a compl.ete and certifieci audifi of our �oo}:s. done e�cl:� year.�.•. This aud9.t, performed by Arthu� Your�c��.and Co. r is usua].l.y completed by late August ar ear.ly Sept.G?nt�er. ioi7.�w:i.r,g eac}�� June 30 cZosinc; of the books o • '� ' ' � , Thus r I feel we wou_ld be safe a.n �a.ck3.rA� October 1 as a date when General can sul�m�.t� the �r_anGhi.se fee. paymen� for �he preced�ng fiscaJ. year and other �n�orination requested in your letter of June 21f 1��6e With respeci: to your other �ue�i�x.�n: ,�lease be advi.sGd af the fol].awing�s . . � A) March 1, 1976 sulasc�rilaEr counto 1) Cinema IX� oi�1y - 44i2 2) Both services � 769 ' . 3) Cable only -- 174 � � • B) Cinema TII only sbuscribers: • 1) Septemver 3Gr 1975 � 0 � 2) October 31� 1975 - 88 3) November 30, 1975 - 238 � • A) Deceznber 31, 1975 - 382 �sark, a� ynu .}�r��a D�ar �:�;b�.cr�:ber infflrmat.��n is ��nf�� 3�ntial ¢'LAC� c'"i�."i:.YIOCI��l Eae're :happy to provi_�� i� tn ��oa.i, S�a�tils� ��:sk �at y_�u ts��t �.i cDnti.��ntial:ly.. _ �ppx'��i�i� y�ur ��pex-- �-�n.n and 1D�k ��r�va:r.� t.� .��eing y.�u �a�:n.. . . , � � . � ��t �cr��rtls , . . , /, � j� � e��rey A. riarcus s�.�stant to the President , J�`g/�� . ' CC: Cliu�k Hunr�erford 0 l0E 0 0 � �. � ATTACiIMI:NT C to CATV Commission LAW OI'1'ICL'S minutes of January 4, 1977 a�s� �n :r cnr.iN EXCf�nt�r,E OUILDING 412 :;OUTH FOURTH :;TiiEET MINNCAPOIiS, MINNL';�OTA 55416 OOUGLAS A. HCD�N WIlL1AM i�. HCSS��+GER C11R15TINC M. LEIGK pCTER l. COOneR AWORCW W. NAINES M.EMOR1�.� DUI�1 � T0: I'RIDL�Y CI�LE COt�:�ITSSTON . . SUBJECT: PROPOS�D AN'�1�1D�;i;NTS TO CATV �RDII�IlivCE FROT�: DOUGLAS A. ii�DIN A�.TE: July ].5, 1976 . l0 F tELEf'HONL': 612I3's7-3a81 Attached are proposed a.r,��ndments to the follok�ing sections �of Chapter 405: � � Sect�on Subject � 1. 405.11G . � Arba.tration �� 2. 405.194 Technical Standards 3. 405.195 � Technical Standaras �. � 405.2.25 , Rates � 5.�� 40S.22G � Rates 6. �05.233 Service 7. 405.234 Service 8. 405.253(1) Access Service : 9. 405.253(2j Access Service 10. 405.253(3) Access Service �.1. 405.254 � New 12. �0�.261 I'ractices 13. �I05.3Q2 Procedures C� ��_' �_� . �_ ' Douglas 11: H�C�lIl � 0 . . . , .,.n.. . lOG Section 405.11G (�econd Sentencej: Page 5 � , 405.11G. . • ArbS,tration. The City Manager is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any company under this ordinance, either on behalf of the City, or the company, in the best interest of the public. �ither the Cii�y or the co:.pany when dissatisfied with the decision of the City Manager may appeal the matter to � a Board of Arbitration for hearing and finas determi•nation. The Board of � Arbitration may accept, reject or modify the decision of the City r2ariager; and the Board of Arbitration may adjust, settle, or com- promise any controversy arising from the operations of any com�any or from any provision of this ordi��ance. The decision of the _ Board of Arbitration shal]. be fir.al. NOTE: This S�ction may be am,ended to give the City the power to appeal a decision of the City D�ana�;er to the Arbitration Board. Because the C�ty rianager is unlikely to rule against the City, this probably is not an irapor�.ant chang�, a].though several of the Commission members believed the City should have this power. 0 � �' ' , �, ' ' � � . ' , � ' . ' . '. ' ' . ' ' . I� � . ' ' ' • ' ' � •. . . � . `,, 10 N �� Section 405.199. Page 12 � • � �:05.1�� I�lternate I�pproach . xf the system operator desires to distribute signals by using multiple cable techniques of specialized receiving devices, which, because of the basic d�sign, cannoi� comply wii.h one or more of the teehnical standards set forth in ��ra��ec��--�e�f�}�--e�-tl��s-see��a:�, Section 405.193, he may be permitted to operate with such equipment pxovided that an adequate showing is made which establishes tha� the r subscr�.bers are provided an equivaleni: quality of service. The City expects full technical proof of 'equivalent performance before it can judge whether such an alternative ap�roach would be r �.acceptable. NOTE: This section may be amended because Section 405.193 sets forth th� technical st�ndards, not "Paragraph (c)(11)" tvhich cloes not exist. � .. . . _ -�. � � - .. . : . ..' '.� ' , SecL-ion �105.195 lLast Sentence) ,Page 13. 10 I 6. .... Measuremen�s shall exclude those contaminants known to be occasioned by propagation anomolies or those present on receiving antenna, �•�here exc�pted by paragraph -�8 -(a) (b) (c) (d) of this Sectioa�. System contaminant measurements may be made taith processing equipment inputs disconnected and terminated in a suitable termination resistor. . . a � r �. • ?�OTE: Paraqraph "C"8 does not exist in Section 405.195. . � , 0 . i �� ,• � �' . � ' ' �_J � � ' � ' ' I ' � , . � Section 405.?.25: P�q� 17 �105.225. Cablecasting Rates.��e�-a��-�daeetrana�;-bxbrarp; 0 6ede�rrr�er��a�-ar�c�-?7an-P�ef�{:-Eo��t�r��-6rc�an��c��zen-a9ers- lOJ 0 The Company's cablecasting production costs, cablecasting raL-es, signal sending rates, and all subscriber fees shall be subject to the approval �of the City. Hota��e�,--�3�e-ee��a�r; -��}�-be-el��,ed te-��e��c�e-tHe-��e-t�se-e�-a-eab�e-�Har�r�e�-e�-eH��ne�a-€e�-a�� edneat�e�a� ,--��h�°ei � ; -c;e�e��e��a�-ane�-�arr-��o��-eert;xjt��p e�c�an��a��e�-t�sers : --ONe-e�j�aHp-r�ap-e:�a��e-ar�-a�en��-�a�-�a e�:eeec�-��s--ae��a�-»�eac�e��err-ee��-€e�-�He-t��e-e=-�cke ee��a��LS -�e�ser�ne� ,--s f��e-aHe�-�.�ec�t�e��e�r-ee�t�rp�e��- "�;JOTE: Tnis Section may be amended to delete al1 referenc� to rates for use of the access channels, which are now set forth in a new Section 405.254, set forth below. The Commission may decide that the rate provisions set forth in Section 405.254 should, instead, be inserted in Section �05.255 because the ordinance's rate provisions are contained in Sections 405.222 - 405.226. . As it now stands, the cablecastinq rates set forth in Section 905.225 eaceed those permitted in 97 C.F.R. Section 76.25u(c). For example, there is a five year limit in the new FCC rules on free use of the educational and governmental cllannels, whereas there is no limit in Section 405.225. Thus the present ordinancc technically exceeds permissable federal rules and should be changed. 0 . -��.�. � �� ! . • . S: � •! I �. . .. / Section 405.2?.G: Page 17 lOK 9Q5.226. Rat-es For Use of Public I�ccess Channel 92�e-�aPn�anp-sl�a��-}�ra�a��e-tHe-��st-��e-t��nt��e9-e�-��e-�e� te�eeast-o�-t�te-�t�b��e-aeeess-�kanne�-�r��13et��-eHa��}e-�co-�He-��e� : �o�°-ae�c��t�an��-t�s�-e€-sa�r�-�t�}��e-aeeess-eHar��e�s; -�He--Eex��aij� r�ap-e}�a�c�e-an-a�nen��-ne�-�.e-e�;eee�-��s-ae�t�a�-��ec�t�e��e�-ees�s �ar-'cl�e-t��e-e�-t�e-Ee:��a��s-�e� sar�r�e�; -s�nc��e-ar�e�-}��eelt�e��e� ee�n��ten�: . NOTE: This section may be amended .to reflect the FCC's provisions �:_'for assessment of costs fox use of the public access channel, set forth in 47 C.F.R. Section 76.256(c). The FCC's regulation is not as pxecise as the City's; howev�r, an amendment to the Ci�y's • ordinance probably is required by 97 C.F.R. Section 258, which prohibits 1oca1 imposition of access requirements that are more stringer.t than the FCC's. IIecause all of the rate requirements are cont.ained in Sections 905.222 - 405.226, the Com�-nission may decide tha� new access rates should be inserted in 405.226, rather than enact a new Section • 405.254. � � . . . . . .. �......;}, ....r � �: � �I � . � ' �� ' .. .. � . , • , � . 10 L Sect•�.on� 405.233 and 405.234: Page 17 A45.233. � � ' W�.thin one hundred ea.ghty (1t30) days after the commencement of construci:ion and installatian of the system, company shull pxoceed to render service to sul�scribers,� an d the completion of the construction and installation shall be pursued with reasonable dili- gence thereafter, sothat service to all areas designated on the map accompanying tYie appl.ication for £ranchise, as-p�a��eleel-�r� 6ee��e�-�3-Y�e�ee�, shall be eytended to at least 200 of the.City each year and to be completed within five (5) vea�s. • 405.234. � � . �� , � . ~��Failure on the part of the company to corimence and diligently pursue � each of the fox'egoing requiremen�s and to complete each of the matte: set forth herein� shall be grounds for termination of such fran- ' chise, under and Pursuant to the terms of 8ee��er�-�-He�ee=; ' Section 405.29; provided, ho�aever, thai: the Council in its dis- � cretion may extend the time for the commencement and completion � iof construction and installation for additional periods in the event the company, acting in good faith, exp�riences delays by ' . reason of circumstances beyond th�ir contral. , � ' . `� � � r ' . NOTE: Section 405.233 may be amended to delete reference to �"Section 23" tiohich does not exist. At this date� this is not an important changc. � _._�..�.. - - -- -- . �,. •,'``r..! � '� . : I,� � 10 M ( ' Section 405.234 may be amended to delete reference to � ' "Sectiion 5," which does not exisi:, and to insert in'its p]_ace "Section �0�.29, which describes the procedure ' , the Council must follow to terminate the franchise on the � , ground that the company failed to perform any obligation � ' under the franchise. � � �' � . • . � � . . _ � . . - � - . . ' . . ' . � . . ' � • . - ,. . . ' . . . � ' • • . • � , • .. ,' � . ' ' . � . ' • . • `•' � • ' • ' "�• , • ' • � . I� , . .... .. . . .�.. . _ I � • .� � . Section 405. ?.53 (].) : Pac{e lB . 10 N 905.253. Serv�ces i:o be provided by the company:. • �,---4Y�e-eo��aHp-W��-�e�i�ea�e-�Ab-e �-a��-el�ar��e�s7-a�-�e-ees�7 �er-a�e-�n-fa�fr��rnc�-�Yi��tC-�tt7i��1YS-M. Y�}'kY17-the-mnniczptx}�ty st�e�i--asT-€��e-sa7e��-se��eesr-r�e��ee-sa€ef�p�-se��+�ee9--edt�ea- �.�ens�-�e��rees;-��brnrp-se�etees-.a:�d-otHe�-eam�n��t�-ar-ett��a�a} ee�t��ee� .---�8b�o€-a��-a��st�ena�-eHa�r�e��-tr�a�-�ap-be-a�e�e�-�e tHe-s�s�ext-�ka��-be-c�ed�e��ed-�a-�i�e-a3�a�ae-�egeribed-�t��eses .- NOTE: This Section must be amended to reflect the newly adopted FCC access rules, 47 C.F.R. Sections 76.254 and 76.256. There are two methods of incorporating these neti� federal standards. First, to simply require that the company conform to tlie r�quire- ments set forth in FCC access regu�.ations. This incorporation method was used by the City in 5�ction 405.193(1). Second, to adopt the,rCC's new rules, word for word. The second method is pre�erable. The follo��ing three pages sho�a the FCC's access rules as if incorporated in the City's ordinance. ,_ , . 0 � • e-�s _ s�i I'' •� :' � .: Sectii.on 905.253 Pa e lQ nLL NE�4 h05.253. Services to be provided by t-he company� 1. �The company shall provide tlZ� following services; in addi- L-ion ta those required by oL-her provisions of this ordinance: a. Public access channel. The company shall maintain at � ].east onc specially designated, noncommcrcial public access channel available on a first-come, i�o»discriminatory basis; �� b. Lducation access.channel.- The company shall maintain at least one specially designated channel for use by local educational authoriL-ies; ' � ' �.� . , � � � , , � � � c. Loca�. qovernment access channel. The company shall maintain at least one specially designated char.nel for local government uses; - � . d. Leases access channel. The company shall maintain at least one specially designated channel for leased access uses. In addi�ion, other portions of its nonbroadcast bandwidth, including unused portions oL the specially designated chunnels, shall be available for leased uses. On at least one of the leased channels, priority shall be given part-time users. 1� 0 i'. Until such time as there is demand for each channel, full time for its designated use, publ�c, educational, government, and leased access channel progra:;��ing may be cor,ibined on one or more cable clzannels. To the extent tirne is available therefor, access channels may also be used for other broadcast and nonbroaacast services. 3. The company shall, in any case, maintain at least one ful.l channel for shared access programming: Provided, however, that if insufficient activated channel c«pability is available to provide one full channel for shared access programming tlze company shall provide �ahatever portions of channels are available for such pur- poses. The company in meeting its access obligations shall make reasonable efforts in programming its bandwidth to avoid the di.splacement of access service. 4. tVhe»�ver any of the channels described in paragraph (1) or (3) of this section is in use during 80 percent of the wcekdays (A4onday - Friday) for SO percent of the time during any conse- cutive three-hour period tor six consccutive weeks, the company sha11 have six moizths in whiciz to make a new channel available ior the same purposes: ProtiTided, ho�vever, that the channel expansion mandatcd by this paragraph shall not exceed the activated char�nel capability of the system. � 4� I � , � ' � ' r , . nLinucd: � . , ,� 5. The company shall m�,ke available all oL-her unused channels, in addiL-ion to thosc ��hich are parL oL L-he• sys�Clll� s activated channel ca�ability, for the purposes �pecifie�i in parac�raph (1): Provided, h�wevcr., that in ma'r.ing availaUle such additional chanr�els the company shall be under no obligaL-ion to install � co»verters. � SecL-ion �105.254 i�1�L Nr�"�� 10 P The company shall comply with the follo�•�ing requirements respecting the provision of access scrvices: 1. The company shall have available equipment for local produc- tion and presentation of cablecast proc;r�MS other than automated services and permit its use for the production and presentation of public access prograr�s. ^he company shall not enter into any . contract, arrangement, or lease for use of its cablecasting equipment which prevents or inhibits the use of sucn equip�ent for a substantial portion of tin�e for public access nroqramming. 2. The company shall h ave no control over the co:�tent of access � cablecast programs; however, i:his limitation sna.11 not prevent it from �a;cing appropriate steps to insure compliance with tr.e operating rules descriped in para�,lGph 4 of this Section. 3. The company may ch arge �or use of the access channels described in Section 405.253 as fo1lo��as: • 1 , a. The channels described in Section 405.253(1)�(b} anc� (1)(c) sha11 be made available free of charge until five (5) years after the company first offers channel time for suclz cablecasting purpose. � ' ' � ' � b. One of the public access channels described in Section 405. 253 (1) (aj shall al�aays b� made available tait;iout charge. c. Charges for equipm�nt, personnel, and production of public acc�ss progranu�i:�g shzll be reasonable and consistent with the goal of a�for4ing users a low-cost means of television access. No charges shall be made for live public access programs no exceeding five (5) minutes in length. 9. The company shall establish rules for the operation of the access channels described in Section 405.253 as follocas: I �.' � Section �05.259 (�l) continued: I� � � i � � , ' ' �J � � 1� 1 t 1 1 1 ...� � r. 10 Q a.' ror publ.ic access pr.ogramming, the company shall prohibit the present:ai�ion of: any adverL-ising matcrial aesigned to �rornol-e the sale of- com�nercial products or services (including advertising by or on bchalf of candic�ates £-or public officc); lottery informa- tion; and obscene or indecent matter, and shall establish rules to this effect as well as rules requiring first-come nondiscrim- inatory access, anci rules permitting public insnecL-ion of a com- plete recorc� of the names and addresses o.f al1 persons or groups requesting access ti;r�e. Such a record shall be retained for a perioc� of t��o ( 2) ycars . ' b. ror_ educational access proqramming, the com�any shall prohibit tr.e presentation oL: any advertising mu�:.erial desiqned to promote the sale of comu;�ercial products or services (including advertising by or on behalf of candidates for public office); ],ottery information; and obscene or ir.decent matter, and sl�all establish rules to t:�is effect including a�rule per;nittir.g public inspection of a complete record of the names and addresses of all pexsons ar groups r�questing access time. Such a record shall be retained for a period o� two (2) years. c. For leased access programming, the company s11a11 prolzibit ,.the presentation of: lottery information; and obscene or indecent Yriatter and shall establish rules to this effect; ar.d other ru�es requiring first-come, nondiscriminatory access, snonsorshii� identification, speci�ying an appropriatc rate scl�edule ar,d p�r- mitting public insnection of a complete record of the nam�s and addresses of_ a11. persons or groups reques �ing tin�e . Such a record shall be retained for a period o� two (2) years. d. The operating rules qoverning public, educational, and leased access prograi�Lming shall b� filed with t,Ze Council �aithin ninety (90) days after the company first activat�s any such chann�ls, and shall be available for public inspection at any time during r.egalar business hours at the company's office in the City, as iequired by Section 405.1.�4. . � - . • � •�' ? ' �, • •� . . . , 'i . . ..Y.; • . �: . . Section 405.253 (2) : P�e�e 18 . 10 R �: 6. �ach subscriber's home shall have the capability of re- ceiving �Y�ese-��e the services reRuired b�i par_agraphs 1� 5 0� this Section. The com�any will esi:ablish with the School Districts within the City of I'ridley, a means o� both inter-school and school-subscriber signal coverage �or school facilitzes within the City of Fridley. . - . . , . � NOTE: This is a technical change to reflect the fact that Section 405.253 if amended t•rould a;?ply to the designated access channels and not the "public service" channels now mentioned in Sect�.on 405.253. It would be redesignated Section 405.253(6) if the ordinance is amended to be consistent with federal rules. 0 : • 0 • . . � � . . . . . . � . .. . ,:.sr . , � � , . . '�,^ . � _ �'.; �'�. u -- r-� • �� 5 . I 1 � Section 405.2G1: P�Zqe 1a lOS 905.261. Preferential or Discriminatory Practices Prohibited The company shall not refuse cable television service to any per- son or organizat-ion o�ho requests such ser.vices for a lawful purPose, nor shall the company refuse any person or organization the right to cablecast pursuant to provisions of ��E-ar��-��E Sections 405.253 and 905.254 of this ordinance. The company shall not, �.s to rates, charges, service facilities, rules,, zegula�:ions or in any other respect make or grant any preference or advantage to any person, nor subject any person to any preju- dice or disadvantage. Y r ' . °'�PaOT�: This Section may be amended to delete reference to Sections "22E and 25C" �•�hich do not exist. E�rident�ly, the drafters of tlze ordinance wanted to prohibit the��company from refusing otherwise qualified access users. The correct references are to revised Sections �05.253 and 905.254, which relate to tl�e access channels. . � • �S ' ....... .� .- � �. • • r •i. '•�' �' ' f . Section 405.302 (Second Scntenr.e): Paqe 20 • /i05.302 Procedure Upon Rei.mbursemenL- .... Such book value iL- not agreed upon shall be determined by arbitration pursuant, to Section �� 405.116 of this ordinance. Either party. may den�and arbitra�Lion to determine booY, value. IIooY. valu� shall not include any valuation ba'sed upon th is franchise. .' u r ,� NOTE: This Section may be amended to delete reference o Section "11F" which does not exist. The correct . reference is Section 405.116, which describes arb�.tration procedures. 0 10 T . _ _..�.. �� . ••�**� !, , - . � � , � ' . CHARTER COMt2ISSI0N MEETING NOVEMBER 16, 1976 , 1.1 � ..:' ��,� ��. � MEMBERS PRESENT: Raymond Sheridan, Charles Langer, Clifford Ash, Jackie Johnson, , Elaine Knoff, Robert 0'Neill, Ole Bjerkesett, Peg McChesney, Jerry Ratcliff � ' , � ' ' � �_� , �I'J MEMBERS ABSENT:� Kenneeh Brennan, Harry Crowder, Roy McPherson, John Swanson, flerhert Bacon CALL TO ORDER• Chairperson Sheridan called the meeting to order at 7:40 p.m. APPROVAL OF SPfiCI,AL CHARTER COMMISSION MEETING MINUTES: AUGUST 4, 1976: Mr. Bjerkesett stated he would like the following corrections and additions incorporated into the August 4, 1976, Charter Commission meeting minutes: Page 2, paragraph 2, ADD the following: "In response to Mayor Nee's statement in his Ietter of June 18, 1976, that he `found no evidence on the Commission's part that we had even considered, leC alone acted oa, the area of problems which concerned him most', Mr. Bjerkesett reminded him that in his letter to the Charter Co�ission dated July 30, 1973, he stated that he opposed tinkering with the basic documents of our various institutions--but that he did support recommendations of the League of Women Voters calling for clari- ficaCion of petitioning procedures. Mr. BjerkeseCt said he reminded Mayor Nee that the Commission had done this in the proposed changes incorporated in Chapter 5.03 and 5.19." Page 2, paragraph 4, DELETE the first sentence which reads as follows: �'Mr. Bjerkesett suggested that perhaps to resolve the matter, some-� b�dy should contact the Attorney General's office and find out whether or not it is possible to place the restricted action via the Charter on a Council's actions in relation to these petitions." SUBSTITUTE with the following: "In response to Mayor Nee's suggestion that the Commission adopt a Charter change that would mandate Council action in a given situation under certain prescribed penalties, Mr. Bjerkesett informed Mayor Nee that Mr. Bjerkesett had been advised that any restriction on �' , � . � 11 A ; CHARTER COMMISSION MEBTING, NOVEMBER 16, 1976 _____ PAGE 2 �' . i�. the right of any elected public official to exercise his right ' of free choice would be illegal. Mr. Bjerkesett asked Mayor Nee, �' •since Mayor Nee was so concerned, why he had not proposed an ' ordinan�e to accomplish what he suggested. Mr. Bjerkesett reminded Mayor Nee that the Charter permits such action by the !r� ' Council under Chapter 3.03 and Chapter 5.03. Mr. Bjerkesett . suggested that Mayor Nee, as Mayor, might want to ask the City Attorney to consult with the Attorney General`s office for . guidance in preparing such an ordinance--if it could be legally : , done ." � At the end of Paragraph 4; page 2, ADD the following: "In response to Mayor Nee's charge of `obstructionism' on the part of the Council iu delaying action on three petitions, Mr. Bjerkesett reminded Mayor Nee that in one of those cases, the action of a Council majority was upheld by a Supreme Court decision; and in another case, petition circulators had stated publicly, before the Council, that they had falsely attested to signatures, not knowing this was illegal. And further, that a public referendum supported the Council position. In view of this, Mr. Bjerkesett suggested that the charge.of 'obstructionism' could more properly be leveled at the petitioners." . MGrION by Ole Bjerkesett, seconded by Charles Langer, that the above additions and corrections be i.ncorporated into the August 4, 1976, Special Charter Commission meeCing minutes. Mr. Sheridan stated that these minutes should be retyped and be marked "Revised ' and Approved". UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNAIJIMOUSLY. r � MOTZON by Clifford Ash, seconded by OIe Bjerkesett, that the August 4, 1976, Special Charter Commission meeting minutes be approved as amended. Upon a voice vote, a11 voting aye, the motion carried unanimously. . APPROVAL OF C�iARTER COMMISSION MEETING MINUTES: SEPTEMBER 20, 1976: � MOTION by Ole Bjerkesett, seconded by Jackie Johnson, to approve the September 20, 197 Charter Commission meeting minutes as written. Upon a voice vote, all voting aye, the motion carried unanimously. � APPROVAL OF Ci3ARTER CONI�ffSSION MEETiNG MINUTES: OCTOBER 18, 1976: ' Mr. Sheridan stated that these were not official minutes as there was not a quorum present at this meeting; therefore they do not need to be approved. They are simply coamients of what transpired at the October 18, 1976, session. ' . ' ' � ; � . �3 � ' ' ' � � ' ' ' ' � � , C ll B CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 3 There was some discussion on the subject of a"quorum", but it was decided to discuss it further under "UNFINISHED BUSINESS: REVIEW OF BY-LAWS". Mr. Sheridan stated that he was supposed to personally invite Mr. Terpstra to this Commission meeting so :�ir. Terpstra could be introduced after being appointed as the legal representative of the Commission. He apologized that, because he had been calling the wrong telephone number, he had not reached Mr. Terpstra. MOTION by Ole Bjerkesett, seconded by Elaine Knoff, that the Charter Commission engage Mr. John W. Terpstra as its legal counsel. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Sheridatt stated he would contact Mr. Terpstra by telephone and probably by letter and invite him to the next Commission meeting. � Mr. Bjerkesett referred to the minutes of the September 20, 1976, meeting_where Mr. Brennan and Mr. Crowder had suggested that the chairperson appoint a co�ittee of 4-6 people to go over the Charter and list instances where there could be conflicts. His only reason for bringing this up was that,if Mr. Terpstra was going to be at the January meeting, it should be prepared. Mr. Sheridan stated he had not done this as he felt because of the coming elections at=�his meeting, the new presiding officer might wish to do that. REPORT OF OFFICERS: Referring to the letterpto Mayor Nee from the Commission requesting copies of the two Zetters he refers to in his June 18, 1976, letter, Ms. McChesney stated she did send the letter right away to Mayor Nee at City Hall and she has not had any response at all. Mr. Ash expressed concern that after two months, t�ere had been no response to the Commission from Mayor Nee on this subject. Because of the fact that Mayor Nee said he had sent two letters when the Commission had only receivad one and the Commission had requested copies of those two letters, Mr. Ash felt another response back to Mayor Nee with those facts was necessary. Mr. Bjerkesett stated that maybe a copy of the letter to Mayor Nee could be incorporated with these minutes. The Commission agreed that if a copy of Ms. McChesney's letter from the Coa�mission to Mayor Nee is available, it should be attached to the minutes of this meeting. REPORT OF COrf�ffTTEES: REPORT FROM THE NOMINATING COMMITTEE Mr. Sheridan stated that the Nominating Co�ittee consisted of Mr. Crowder, Mr. Ratcliffe, and Ms. Johnson. Tn the absence of Mr. Crowder, Mr. Ratcliffe stated that the Nominating Committee had meC and, with the Commission's approval, have submitted the following names for the nomination of officers: i� . � CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 4 �'� � � Raymond Sheridan - Chairperson Clifford Ash - Vice-Chairperson Secretary - Peg McChesney t Mr. Sheridan stated he wanted to point out that he did not know if he was actually � eligible to be on the Commission again. He stated he was on the original Coc�ission and was appointed to this Commission and has now served four years here. The State Statutes state a person cannot serve two successive four-year terms, and he didn't '� know if this would be considered Cwo successive terms. This was a question that should be asked of Mr. Terpstra. � MOTZON by Charles Langer, seconded by Ole Bjerkesett, that Che nominations for officers be closed. Upon a voice vote, all voting aye, the motion carried unanimously. ' MOTION by Ole Bjerkesett, seconded by Robert 0'Neill, that the Commission cast a unanimous slate for those nominated by the Nominating CommiCtee. Upon a voice vote, a11 voting aye, the motion carried unanimously. � ' , ' � ' ' . , ' � ' ' 1 UNFINISHED BUSINESS: BEVIEW OF BY-LAWS Mr. Ash stated that the subject of a"quorum" has never really been a problem,. but the By-Laws should be amended so that it is never a problem. Right now the BY-Laws state thaC eight (8) members sha11 constitute a quorum. His suggestion is chat a"quorum should be a majority of those appointed (50%)." And then a paragraph should be added, "In the absence of a quorum aC a regularly scheduled meeting, the Presi�ent may convene the meeting if 2/3 majority of those present agree. All motions presented and passed shall not become official until the next meeting that has a quorum has voted on and agreed upon them." Ms. Knoff questioned Mr. Ash's second paragraph�because she said that all motions aC a meeting that are not legally put on the books are always brought up at the following meeting under "Old Business". That is parliamentary procedure. Mr. Ash stated that there may be no reason for the second paragraph. There was some discussion about "appofnted" members. If a member resigns, is he still considered "appointed" until another member is appointed to replace him? The Commission decided they should have legal counsel before pursuing this further. Mr. Sheridan stated that with regard to the By-Laws and possible changes to it, if the Commission members have any questions they would like presented to Mr. Terpstra at the next meeting to let Mr, Sheridan Icnow. Mr. Ash stated that the question of "what is a member?" should definitely be a question for Mr. Terpstra. The Commission is talking about amending the By-Laws to have a sentence about a"quorum" being the majority of the members appointed, and there is the discussion of what happens when an "appointed member" resigns. � ' � ' ❑ CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 5 Charter Coc�ission members whose tenns will be up in 1977 are John Swanson, Herbert Bacon, Charles Langer, Ole Bjerkesett, Harry Crowder, Kenneth Brennan, and Ray Sheridan. ' Mr. Sheridan asked Ms. McChesney to write letters to the various civic organiza- tians, primarily those polftically-oriented, and the City Council, advising them that there will be some vacancies on the Charter Commission and either ask them to send to Ms. McChesney the names of people who will serve if appointed or submit their list of names directly to the Chief Judge of the Tenth District. ' If there are no names submitted, then the Commission can indicate in a letter to the Judge that they have requested additional names from other organizations. � ' .- ' ' ' � . ' Mr. Sheridan stated he would talk to Mr. Terpstra and give him a copy of the By-Laws, express some of the questions the Commission has, and maybe get back to some of the Commission members before the next meeting.• NEW BUSINESS• . • Mr. Sheridan stated the Commission should decide if they wanted to meet during the month of December because of the Christmas holidays. MOTION by Ole Bjerkesett, seconded by Charles Langer, to suspend the December meeting. Upon a voice vote, all voting aye, the motion carried unanimously. The Commission members agreed to continue having the Charter Commission meetings on the third Tuesday of every month for Che coming year 1977. The next Commission meeting is scheduled for January 18, 1977. Mr. Sheridan stated he would select four to six members of the Commission to review the City Charter for possible conflicts in areas which they shoul�d review ia the next year as the Commission had indicated they would to �he City Council aad Mayor Nee. ADJ OURNMENT : � � MOTTON by Ole Bjerkesett, seconded by Jerry Ratcliffe, to adjourn the meeting at 9:00 p.m. Upon a voice vote, all votxng aye, the motion carried unanimously. Respectfully submitted, . , uC� ., L �e Saba Recarding Secretary ❑ f , II ' . 0 11 D �- .�.--�"�,• �� ' , � v, /' 1' �c`u t � 7'ly}�"i:f'��'1tA"-�%V , � � f . {Y f •� . 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'i,�.L)'Vil i!1°.: H�.��.ii. ,^•.11:.� 1i.1,�1'. �1::� �:i?;� l!U SCi:,• ri;liii`�{ 1:01:?�'C� .'1 �)I'Ol).^,fii�I tu h:;�.:Lcl c, btt :�.lci ;�14 :,o :;;.crc� fi�l:�t c;t�it;_ �ci;t., .�.n:i ..�..:�� c� ��u.t ;,c� t,i:�> >,:cr.��c;rs o.t' t•iic ii0.'�2'.1�]:�.'.•1C�iL CC�^1.�=^ Ul� �}'ii i"'l'�j�:�:.:� ..U:i i.l)� T;Vj)t? (lr��Z12.1�t1:i:`�' �.liG;�" i•'C'.'ll.�iC� �li�t. ) . ;., ' t.0 � l: l � (� f:`ISi �•�:''. ?i!E_:•(' '.L`:�:. 'ir;••1�•,::1 )1� .l� ' } �t ..� f,z.�. , �s � , � , �' tS .� i � .( .e � .� �� _1 .�1. .i. � •Li::) C�t �•�1: ' .�1 • � G :��:.t.C: � �«l:l�. ��: i:.'i��'• 1:� i�^ t ) :j�� 1 1?` �.��'� f.i.li:�. i.L1 �t� I:�.l :: �1 � � .1. 1 } . � :r Y •C ia e. ( � CC� .G :I i:)1. �1 �.O (:0:1;. �T'UCt �-.li. U2221(�:LJ1�,� Z,�,� r.:,�.1,;:�ii:��:3 tFi�tt. ii��•;� 1•::�tilcl :':�:i,l ± iic� h:, :1di1-� ;;�r,c? ��:�1:� d J>: o�•:�.�ie i,h�; �� z:tc� t.o I�� 1 l;is.i �1 � . ., ' . . ::i �,t� t. -,�•c: i �t;, i,c> :' j�:'�' i.t'�.,. ;,; :ic:;::-. 0 m i�, � -�� ` '' ` 12 E �' ' {11;111t7 F�'l;�pUF;Ci:� Cfi:1.�1.f.8�iIO;I t41:i:1'I.tIG, JUt.Y 1, 1976 p,ic � ' -- ----- . _— �� le 3 .�� . i.: . , ._ • � 2-501'70�: by F3arol�l Lel��um, seconded by i�lilliam Scott, t.ilat the Iiuman Resaurc� s Co:t�niss;ion rccommend to Counc.i.l, t}ir.ougii the Pl.anning Com.mission, that they consider that at tc.as� $10,000 of public money be alloc�ted to the.br.oad area of cultivation of human resourcc� develop�ent in the City of Fridley. Upan a voice vo;e, aIl voting aye, the motian carrzed unanimously. Atter much discussion the Commission members arxived at the fo11ow5.ng budget on "Requests for Funding from Organizations". _ � , ' . . � . Fine P.rts Committee - - - - - - Xouth Center- - .- - - -� - - - - S.A.C.A. ----------- Senior Citizens - - - - - - Social Services - - - - - - - - (wii.h-��the provision that the Commission has someone on the Board of Directors) • Contingency--------- - TOTAL l00 ($1,000) 304 ($3,000) 50 ($ S00) 10� ($1,000) 20� ($2,500) 250 ($2,500) $10,000 MOT20N by tai:.lian Scott, seconded by Grace Lynch, that the Hu.^�an R��urces Co:nmission recommend to Council, through the Planning Commission, that the � above b�ldge� be accepted as written. Upon a voice vote, all voting aye, the motion carried unanimously. ' L�TTE� r R0;1 GOVER?�TCP,' S COl•�1ISS i0N Oi�t THE AP.TS • ' The letter from the Governor's Commission on the Arts �aas introduced and appro�riate action c•ra,^ taken by the Fine Arts Commi.ttee. IAFFIRriATIVE f�C'TIQ�I • � � ' The Com.�issi.on agree3 to table the Fridley Affirmatit�e Action program until ti:e August_meeting. l��'3v:�ti:rt" \T: The meeting was adjourned at 10:30 p.m. ' Fespectiul7.y submitted, Q 9 �- .-�,.-�:� . ; �;f��.l-��.J ` Ly��rzr� s.;t,a l:.�corcti.ti� Sec�-��i.�r�• I ' ' � ' . . . e i� i '� , � T0: ��I _ O '� .�.�� Ci ty htanayer � FR01•9; Chuck Qoudreau �� I:� � 'i� n� a�� u, c� ,� u 0� �` n U [1 v CITY. Ol:�' I'RTDLL•'Y 113 fi�131 Univc�°:�iL-y 11vcr�ue N.Y.. 1'r_a_c11cX, I�.inn�sota 55432 '�'elephon e : 571.-3 �150 pATE: January 20, 1977 St1f3JCCT: Mayor fvee's f�1emorandum �dated January 11, 1977 ' , After readi ng flayor P�ee's P4emorandum, I certai nly concur <<�i th hi s , Memorar,dum, and as far as I am concerned, it is the current unvrritten palicy of the Parks and Recreation Depari;ment that fees should be and will t�e waived for any individual unable ta meet the costs or expenses ' of a program. If a��rritten p�licy is desired, and i feel strongly �that tf�ere should be a vrritten policy, I r�ight suggest something that may read as fo11 o��rs : . ' ' � Waiver of Fees - The C�ty Council�authorizes the Parks and Recreation Director, on an indivi�ual basis, to either ,. , campletely waive or to lower a registratio�� fee as establ�ished - in the case of anyone ��ho cannot reasonably af�'ord the set ' fee due to fii nanci a] di ffi cul ty, aizci 4�rho has expressed an interest or desire to 5e enrolled ir� a certain program. This ��aiver will pertain to all City af Fridley recreation programs except those programs tA�here specific contractual services incur an indebtedness to the Ci�y. As you will note, I have taken the liberty to not restrict this to chi7dren, but�to anyone of any age, because it is my belief that recreation should service everyone and that is the cur�rent �irectian that our Depar�:ment i s noi�r tak�i ng. In keeping �vith this policy, if adopted, I have informed my staff that o�1 a11 fu�ure Parks and Recreatian program flyers, there is to appear a statement to the effect "No individual shall be excluded due to financial inability to participate. Ti�ese individuals should contact the Parl:s and Recreation Department.° Hopefully, this information will be help�ul to the City Council and ' yourself in reaching a decision concerning the waiver of fees for recreation acti��ities. Evider�tly, the Fridley Youth Sports Associatiori and the Hockey Association of Fridley do have such a palicy and they should be encouraged to continue and promote this policyo ' If I may be of future assistance, please feel free to call upon me. �� ' � _� _ . __. _ CAt3/ j j _ ..: . . �,....: ..._u�..:. . � �.:.� _._w>..:..�..�. : _"� 0 . 1 6431 University Avenue N.E. Fridley, Minnesota 55432 Telephone: 571-3450 4�AI1�ER OR REDUCTIOiJ OF RECf;'tATTOP! PROGRAM FEES FOR Progr:;m) NAr�iE OF P��RTICIPANT: AGE OF PARTICIPANT: ADDRESS: SIGNATURE OF PARENT OR LEGAL GUARDIAN: TELEPHONE: The follo��ring information is reo,uested and would be helpful to the Recreation Department, hoG�rever, it is not mandatory. If you are curi°ently receiving any af the following, please check the applicable box or boxes, A.F,D.C. �] Unemployment Compensation [� Food S1:�mps [�] Disability Payments [�] Other Financial Assistance Parks and Recreation Departr,ient Head Approval: Compl e.te I�ai ver of Fees . [�] Reduction of Fees � (Fee of $ reduced to $ ) 13a 0 _ ,:�, _ _ _ _ __ _- _ _ _ ___ f � ■ � MEMO T0: Nasim M. Qureslii, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director ' DATE: February 1, 1977 � SUBJECT: Bid Qpening for Electrical Power System 180 KiV Diesel Driven Standby Generator iPlease be advised that bids were received on January 26, 1977 for the above equipment. The low bidder was Jeffco Power System with a price of $23,924. A review of the specifications submitted � with the bid proposal indicate that they do provide the equip- ment required in the specifications prepared by the City. ' Further investigation into the equipment and service supplied by Jeffco Power Supply Company indicates that the generating units and appropriate services supplied to 11 other customers were of � good quality with no particular problems in evidence. �`'�With the above review and investigation, it is requested the Council consider the award of the contract for the Electrical �� Power System 180 KiV Diesel Driven Standby Generator to the Jeffco Power System Company in the amount of' $23,924. RNS/ j m Attachment ' � ' � 14� ' � _ � CITY OF FRIDLEY Opened By_ Gordon Middag � BID OPENING Judy Welch 1 A ELECTRICAL POWER SYSTEM 180 KW DIESEL DRIVEN STANDBY GENERATOR �'� . Ralph Volkma„ JANUARY 26, 1977 - 11:00 A.M. ', BIDDER'S NAME 5% BID REPAIR PARTS OSHA MISC. A�! ADDRESS BOND TOTAL COST WARRANTY AVAILAf3LE DELIVERY TRAINING APPROVED OTHER ' B N ELECTRIC b � Central Ave. N.E. Fridley, MN C �• �ION WEALTN ELECTRIC 2323 E. 25th St. , M , MN CUMMINS DIESEL Universal One year/ 2 Cleveland Ave. N. Surety Co. 3600 hours 2690 Clevelan 140 day X X S Paul, MN 5% Bid Bond $31,925.00 of operation St. Paul, MN D�[RICKSON 5 3rd St. N.E. ' F 1 ey, MN -�-�. r- UJ F�ERTY EQUIPMENT Ohio Casualty One year/ 2 Franklin E.,, Insurance Co. parts & 525 E. Frank in 6/77 X X M , hiN a;'> �S 5X Bid Bond a25,234.00 service pls, MN • N� EQUIPMENT 6 41. Hwy. 13 Savage, MN I ERS A�iE DIESEL Employers One year/ 24 hours par s 25 1 E. 80th St. hiutuaT Casualt parts & labor and service l00 days X X Mpls, MN , $1,500.00 $29,�40.00 Two years/ ;� " e�<) arts & 50, 1 ' FC PO4iER SYSTEt1 St. Paul Fire One year/ 24 hrs. 105 Gienwood 11ve. N�. & Marine ins. full warranty 2238 Florida 6/77 X X s, MN 5% Bid Bond $23,924.00 Mpls, hiN KATOLIGHT CORP. St. Paul Fire ne year/ 24 hr from g 3229 �,q,�_? & Marine Ins. limited warra ty Katalight ' 150 days X X kato, MN �;��' 5% Bid Bond $26,974.00 Corp. ,�. MECHANICAL SUPP!IER I �0 Penn Ave. So. iP�O BID .. . omington, MN r � , _ . � �. � � � ............. ..... .. � � ' � �J ,-, L� RESOLUTION N0. - 1977 A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO (PUBLIC WORKS AND PARKS) WHEREAS, international Union of Operating Engineers Local Noo 49, AFL-CIO � as bargaining representative for certain Public Works and Park employees of the City of Fridley, has presented to the Twin City Suburban Section of the International City t4anagers Association, the designated representatives of the ' Council of the City of Fridley,variaus requests relating to the working con- ditions, wages and hours of employees of the Public Works and Park Departments of the City of Fridley, and WHEREAS, The City of Fridley has presented to the designated representatives of Local 49 various requests relating to working conditions, wages and hours of employees of the Public Works and Park Departments of the City af Fridley, and WHEREAS, Representatives of the Union and the City have met. and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing agreement between the City and the Union. NOW, THEREFORE, BE IT RESOLVED, By the Ciiy Council that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of employees of the City of Fridley Public Works and Park Departments. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7��I� ATTEST: CITY CLERK - Marvin C. Brunsell 1977. MAYOR - WILLIAM J. NEE 15 i � � � � � , � CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER, ANQ CITY COUNCIL FROM: MARVIid C. BRUP�SELL, ASST. CITY MGR. /FIN. DIR. SUBJECT: 1977/1978 LABOR AGREEP�ENT WITH LOCAL N0. 49 (PUBLIC WORKS AND PARKS EP�IPLOYEES) DATE: FEBRUARY 2, 1977 Attached you will find an Agreement covering wages, fiours and working conditions for the Public Works and Parks employees for the years 1977 and 1978. The Articles of the Agreement that are master contract language are indicated by the letter "(M)". The Articles of the Agreement that relate to local contract language are indicated by the letter "(L)". The, only Articles in this Agreement that have changed from the 1976 Agreement, are Arti cl e XIX - Insurance , Arti cle XX - Hol i days , and Arti cle XXI X- Wages. All other Articles remain as they were in the 1976 Agreement. The Articles on Insurance, Holidays and Wages are the items that were negotiated and agreed upon on an area wide basis. I recommend the City Council authorize sigriing the Agreement. MCB:sh ' . 15 A � 1971 AND 197II i.AQOR AGREE�4ENT QETWEEN LOCAL N0. 49 MJD CITY OF FRIDLEY INDEX . . �� "'!�'ICI.E I — PURPOSE OF AGREEMEN7 . . . . . . . . . . . . . . . . . . . . . . . . . 1 I ICLE II — RECOG�lITIO�J . . . . . . . . . . . . . . . . . • . . . . . . . . . . 1 . ICLE III — UNIO�J SECURITY . . . . . . . . . . . . . . . . . . �. . . . . . . • 2 � ICLE IV — EMPLOYER SECURII'Y �. , . �. . . . . . . . • • • • • • • •. • • • • • • 2 � � 3 AR7ICLE V — Et9PL0YER AUTHORITY . . . . . . • • • • • • • • • • • • • • • ' ' ' ' . I�C'ICLE �!I — EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE . . . . . • • . � • � • • � • � � TICLE VII — DEFI�aITIONS . . . . . . . • . . . • . . • . . • . .� . . . . . . 6 7ICLE VIII — SAVIP�GS CLAUSE . . . . . . . . . . . � . . . . . . . <� . . . • . . 8 �TICLE �IX — WORK SCHEDULES . . . . . � . . . • . • � . • • . • •. . . • ` ' • � • TICLE X — GVERTII�tE . . . . . . . . . . . . . . . . . . . . � . . . . . . . � 9 . _ , TICLE XI — CALL Bf,CK . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . •:9. � �tTICLE XII — L�GAI DEFE��;SE . . � . . . . . . . . . . � . . . . . -. . ' . .. •. 10 ■ . 10 ARTI.CLE XI:I -- RIGHT OF SUBCONTRACT . . . . . . . . • • � • • • � • • • • • • • � �TICLE XIV — DISPLINE . . . . . . . . . . . . . . . � < < . . . . . . . . . . 10 TICL.E XV — SENIORITY . . .. . a � . . . . . . . . . . � . . • � � � ° . ` ` . RTICLE �VI -� PROSATIQNARY PERIODS e . . . . � . . . . . � • . . . ° • • • • • �tTICLE XVII — SAFETY . . . . . . � • . . . . • . . . . • •. . . . . . � • • f RT�ICLE XiIIII — JOE3 PGSTIISG . . . . . . . . . . . . . . . . . • < • . . . . . RTICLE XIX — IP�SURA"aCE . . . . : . . . . . . . . . . . . . : . ' ` .� . . . . . � �RTICLE XX — HOLIDr1YS . . . . �. • . • . • . . • • . . � • • � • . . • • • ' ARTICLE XXI — VACATIONS . . . . . . . . . . . . . . . . . . . . . • • • • • • `�R7ICLE XXII — STAND6Y PAY AND t�fINI^1U��1 GALI BACY FOR STAiVDaY EMPLOYEES .... ' Ri1CLE XXIII — EP�IPLOYEE EDUCATIOy P�OGRAP�1 . . . . . . . . . . . . . . . . . . 7ICLL XXIV.— NORP1AL SIC:C LEAVE . . . . . . . . . . . . . . . • • . • • • � • • , . , . ; �iR7ICLE XXV — INJUC:Y ON JOB . . . . . . . . . . . . . . . .. . . . .: . . . . . RTICIE XXVI — Ft1NERAL PAY . . . . . . . . . . . . . . •' • • • • • • • • • • � . R7ICLE XXVII — JURY PAY AND :�IITNESS FEES . . . . . . . . . . . . . . . . .. . �AR7XCLE XXVIII - P1ILI1'11RY LEIIVE ■ � � , .:..........�........... i 15 B 10 10 11 � � 12 12 • 13 14 � 14 15 16 , 17 � 1? 17 • � � I � • i� , l5C INDEX , _ E ULE FOR THE YEAR 1977 Ai�D 1973 . . • • • . • • • • �$ ARTI CLE XXI X SALARY SCH D �' IAR7ICLE XXX - INCENTIVE PAY (LONGEVITY) . . . . . . . • • • • • • • • • • • ' �$ �ARiICIE XXXI - 11�,I�ORi�IS . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SEVERA�'�CE PAY . . . . . . . . . . . . . . . . . . . . 19 . ARTICLE XXXII - • ' ' ' rARTICLE XXXIII - REPRESEP�TATIVE Oi� AREA WIDE NEGOTIATI��IS . . . . . • • • • • 2� ARIICLE XXXIV - 4JAIVER . , . . . . . . • • • • • • • • • • ' ' ' ' ' ' ' ' . 2� , , , 20 ARTICLE XX;tV - DUPJIT:�N . . . . . . . . . . . • • • • � • • • • • ' ' ' � . � � � � ,,, , � , ' , ' 1 ' � � � . ',1 �� 1 � � _�;_ _ , u -- . I.•ABOR ,Ef,.GR EEMENT • j3ETWEEN CI7Y OF FRIDLEY • . AI�I D XNTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO 0 � 0 e 0 15 D -. ARTICLE I PURI'OSE OF AGREEMENT (F1)' . This agreement is entered into between t:t� Ci �y of Fridley, '• hexeinafter called EMPLOYER, and Local No. 49, Infiernational Union of ' Operating Engineers, hereinafter cal�ed the UNION. The intent and purpose o�' this AGREEMENT is to: _1.�: ,Establish certain hours, wages and other� conditions of employment; �.,'2 �Esiablish procedures for the resolution of disputes concerning this � � AGREEMEN'�'S interpretation and/or application; 1. 3 Specify the full and complete understanding of the par�ies; and 1.4 P�ace in written form the parties� agreement upon terms and conditions of employment for the duration of the AGRE�MENT. The �MPLOYER and the UNION, fhrough this AGREEMENT, continue their •dedication io the highest quality of public service, Boih parties recagnize this AGREEMENT as a p�edge of this dedicafion. ARTICL� II RECOGNTTION (Mj , The �MPL01'EF recognizes the UNION as the exclusive representati� under Minncsota Statutes, Section 179. 71 � 5uUd. 3 in an appropriatc bar�aining unit consisting of thc follo�t�in� job classifications: , (J.ist of Lhose nan-supervisory, non-cantidential employeesj • Chief I1echani c � Sr. Sea�er, Sr. '.dater; Sr. Park, Sr. Street (Heavy Equipment Operator) '4ech an i c � ' Operations & P1aintenance Specialist (!Jater, Se+�er, Park, Streei, & G°neral) � Operations & Tlaintenance Person (Light Equipment) (lJater, Sewer, Park & Street) Sanitation, tJater, Park, Street and Equip:��e��t Plaintenanc° Perso� . ' • • ' � '. ...... ..... . . ... . ... ... ,. _ _..'._ �..�.. _ .. _:�•_____.. .:.::._.:..:_.._...'.. ____.; .. ._..._.�.. .....__... ... . . _� a • . ,��, • � �� . j � „AXtTICLE III � 0 UNION SI:CURITY (t9) �� n 15 E ��n rcco�nition of Lhc UNION as thc exclusive represcntative, the EMPIAYER �hall: 3.1 Dec3uct each payroll period an amount sufficient to provicie the payment �f dues established by Ehe UNION from the wages oi all employecs authorizing in writing such deduction, and � � . 3.2 Remit such deduction to the appropriate designated officer o� the UNION. 3.3 The UNION may designate certain employees from thc bargainin� unit to act as stewards and shall inform the EMPIAYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued againsi -�he city as a result of any action taken or not taken by the city under the ,-�xovisions of this Article. , .A.RTICLE IV EMPLOYER SECURITY (i•1) • . �9:F 1, The UNION agrees thaE during the life of this AGREEMENT it will not "� >;+ :�ause, encourage, participate in or support any strike, slow down �•other interruption of or interference �vith fhe normal functions of the ��MPLO YER . .�.2 Any employee who engages in a strike may have his (her) appointment �terminated by the EMPLQYER effective the date the violation first occurs. • �5uch termination shall be effective upon written notice served upon the �.emplo y e e. . �. 3 An employee �vho is absent from any portion af his �vork assignment without -•permission, or who abstains �vholly or in part from the full performance �af his duties «�ithout permission from his (her) EMPLOYER on the date or •dates �vhen a strike occurs is prima facie presuined to have engaged in a :strike on such date or dates. ' �,� An employee who kno�vin�ly strikes and tvhos� employment has been .#erminated for such action may, subsequent to such violation, be appointed ��r xeappointed or employcd or re-employed, but the employec shall be =on probation for t�vo yeai s�vith respect to such civil service status, ten�ire .•of e��ploymcnt� ar contract of employ�ment, as he (shca may have thcretoforc becn cntitled. _2_ ' . , , .� , 'ti: ,� •5` �� ;, I 0 �... � 3.- A C. �1 �. . . . •. . �l5 F . . �, 5 No einpl�yce shall be eittitled to any daily pay, wa�cs or per diccn , •' Eor the days on tivhicn he (she} engabed in a strike. . . . AIZTiC�F V EM�'LOYER AUT�-IORITY (�.1) . . . � ' , : � ,' � 5. � The E�ZPJ.�OY�R rctains thc full and unrestricted xight to operatc ancl ••� manaae aIl manpo�s•c:r, iacilitics, and. equipment; to establish functions � � ancl pro�rams; to set and amend'budgets; to detcrmine i•he util�zation of • technolo�y; io establish and modify the organizational si:ructure; to select; '_ dixect and deiermine the number of personnel; io estabiish �vork schedules, � and to perfoxm any inherent managexi.al function nat specificalzy l.i:mi.ted . , by this AGREEMENT. . • . • � . . �. . _ � � 5. 2 Any texm and.condifiion of employment not specifically estab2i.shed ox � ' modified by th:s AGREE�fiENT shall ren�,ain solely withi.n. ihe discretion ��- of Ehe ElYiPLOYER to nnodify, esfablish, or eliminate. ARTICLE VI EMPJAYEE RIG�-17'S - C�RIEVANC�• PR4CEDttr�E� (M)� • � 6. 1 DEFINITION OF A GRTEVANCE . • ' . � .� .- � • A grievance is defi.ned as a dispute or disaareemen� as ta. tihe intexpx�et�iion, ox . �. } application of the s�ecific terms and conditions of �.his �1,GREE1iSEN'S� 6, 2 UrTZO�T REPP,ESEN'1'ATIVES � �. '• � � � � �'he EMPLOYER �viii recognize representatives desibnated by �he UNION as the grievance represeniative� of the bargainin� unit Iiaving the duties � "'. and respons�ibilities established by this ..,Eirti.cle, .The UNIC3N sha.l.I notify : � the EMPLOYER in writing of the names of _such UNIpN 'represen�atives an�i� �.� of theix successors when so designated. . • � � � � � . : 6. 3 �'RQCESSi�iiG OF A GRIEVAI�ICE . . • � •- ' . - - � .. Ii is recognized and accepted by the UNION and t•he EMPLOYER th,a.t the �. • •� .. processing of grzevances as hereinaf�er provided is limited by the job� • duties and xesponszbili�ies of the EMPLOYEES and shall thcrefore be � accomp].ished �luring i�orrrial �vorking hcaurs onZy �c�hen consisten� �vith such EvIPL�Y�E dut-�es ancl r�spoiisibilities. The ap�rievecl EMPLOYEE and the UNION R�P�'��Si;;i�ITATIVE shall be allo�ved a reasoiY�ble amjount of ' � � , time �vithouC loss in pay �vhen a�rievanee is invesEigated and prescntcd to • the �MPLQ�ER during normal �vorkino hou.rs provicle:d the E1viPLOY�� ,�nd thr UNXON REPF ESiNTAT�V� have noiified and rec eived the approval of the c1�si�;►tatcd supervisor wlio has dctermincd that such absence is reasona`�1 . and �v�tilcl not bc dctrim�ntal to t�lc �vork �zro�ra��s of thc �AZPLUYER. . � • , • � -3- ' � , •. . , � ~r � �.� �., . ~�w . . . � � � ' , • . � ' • � . j� ' ' •� � � • . . '.� . � � ��'....�l�G � I 6. � PROCEDURE . � � t • � � �• � � � ' . �• i � . , . ' � � . • . Gzievances, as delined by Section 6. 1, shall be xesolved in con_ . .. • farmance with the following procedure: • ' � _ . • . . . . • . ''�. Ste}�.1. An EMPLOYEE claimin� a vi.olation concerning the ' • ' intexpretation or application of this AGREEME�IT shall, within .�� , . twenty-one (2I) calendar days afier such alle�ed violation has '• • _ • oGCUrred, preseni such grievance fo �he EMPLOYEE'S : . • � . � • .'.�� :'. .� supexvisor as designated by the EMPLOYEP,a The EMPL4YER • - . • �, designate,d repxesentative will, discuss. and �;ive an ans�vex fio such • Step 1� gxievance �vithin ten (10) calendax days afier xeceipt, tZ. " �� , gxi.evance not resolved in 5fiep. I and appealed ta Step 2 shall be � . •.� � ' . p3.aced in wriiing seiting forth. the �a��ire o� fihe�g�i.evance, Lhe �� .� '. � fa.c�s on whic;h i� is based, the provision or provisians o£ the -•� .� •_' I� •• •AGREEMENT allegedly viola�ed, and the xemedy xequested and• �; .: ,� �• : �hall be a.ppeaZed to Step 2 ivithin ten (10) calendar days a£tex ihe .� . .� . '�M�'LOYER desi�nated re�xesenta�i.ve's final answer ir� Step 1. � . � � . ,� : A.,iX gxievance not app�aled in writinn to Step 2 by the UNZON wi.ihin . ,; • � ten (IO) calendar days" shall be considered waived. . ; _ - • � � - �.� 5i�P z. If appealed, the wxitten grievanGe shal.l be pxesented b}�� .- '. the UNI�N and disctissed �rith the EMPLC?YER designa�ed Step 7. . . � xepxesentative. The EMF'LOXER designatec3 representative ._ - sliall give the UNION the E�iPLpYER'S Step 2 ans�ver in �vxiiir,g ' .. � within ten (IO} calendar da s after recei t af such Ste 2 rievan e �_ � P P � c . - A�xievance not xesolved in Step 2 m.ay be appealed to Step 3 wiihin ' �- 1 � .� - - , .� ten (10} calendax days follo�tiing the EMPLOYER designaied . .. • �, •.repxesentati.�r�'s �inal Step 2 ans�ver. Any gzievance not appealed �� . ��' iri�wxi.ting to Step 3 by the UI�TION �vithin ten (10) ca�endax days .- � . shall be considered wazved. � . . ' • �- �� 'Step• 3• .If appealed, the �vritten grie�ranc�e shall be pxesented by _ '• t}3e UNION and discussed �viih the E��iPLOYER designated Step 3. � � , xepxesentative. The EMPLO�.�F desi�nated xcprese��tative shall . . give the UNIOiV� thc EMPLOI'ER'S answcr in �vri.tin� �vit�in fien (10) � I,, � . calenclar days aftex xeceipt of such Stcp 3�rievance. A�rievance � � �ot• �•esolved in Stcp 3 may be appealcd fio Step � tc�ithin tcn (10) II.' c�lendar days follo�vi.iig tl�c EMF'LOYER desi�nated represcntative's •� �.finn� answcr in Stc�p 3. flny gricvnncc not appcalcd in �vriting io � . '' • Si•ep 4 by the UNIOI� �vithin ten (10) calcndar days sh111 be considez-cd . �vaiveci. ..4_ , • . , •� . . � • � . � i .�•,, �� , ..� . . • . .' �. •5 . �. .. •. • �.. ' ' � . , , � . . , . .• I . • � � . � � � �• l5 N . � .. � ..... �' ., St.�'cP �. A gricvance unresolved in Step 3 and appcaled in Step . � . . 4 shall be subm�tteci Y� arbitration subjcct to the provisions o£ ••• .• • the �ublic Employment Labor Rela�ions Acti:o:E ].97�t. The sel.eciion � �� .,. • ' ' of an arbiEr � ator shail be made in accordance �vith �� ' - the Rule s . , . Governing the Arbitration of Grievances" as established by the ' Pub i ' • 1 c Fmplayment Relations Board. • �. - _ ' ,. ' �6, 5 ARBZTRATOR'S AUTHOP,ITY ' � ' � . . ' • . : • • . . _ '..: .A.. The arbiirator shall have na riaht �o axnend m • . � � , odify, nullify, : ignore, add to, or subtxact from the terms and condi�ions � � .'• ••• • _ of this A:GREEMLNT. �'he arbi.tra�or shal�. consider an � ' � � � . a, ,.� •. ' decide only t'ne_speci.fic issue(s) submitte�d i�a writing by the �-. • EMPLOYER and t1:e Ui�TpNp and sha��. have no authoxit L•o � �� . Y ' .: make a decision on any othex issue not sa submit�ed, '-�.. . . �,. . . • .•- . B.. Tha arbitxaior shall. be wit�.out po�ver to mak�e decisions . • : . • �. _� • .� . .- contraxy to, or iiicon.sistent w�fih, or xnadi�'ying or varying . • :� . . � . in� any �•ay the application a�' la�vs, xules, oz° regulai:ions �� . �• , ~`} i��ving the force and e�fect of lawe The axbi,trator's de-. - � -. . .�. • . cisipn sha?1 be stibmi,�ted in writinb �vith�n thiriy (3t?) days . �. . . � �. foliowi.ng cJ.ase of ihe hearing or the submission oi briefs � bY the Parties, whicheves� be lateT°, unJ.ess �he pa��Eies agree .' ��. � • � �o an extension. The decision shall be binding on botri the •� � �� E�vIPLOYER and the UNION a�nd s�all be based solely on :; �he arbitrator's �.ntezpretati�n ar application of the express �• = '. ,. �.exm.s of this AGREEME�tT and to the �'acts of the grievance ' , � presented.. � . . . ' : C. The fees and e�-penses for tlie arbitrator's services.and � � ,' . . . pxoceedin�s shall be borne ec�ually by the EMPLOYER •. ' „' and the UNION provided ihai each pax ty shall be respon- . � •_ . . sib�le� fox compensatin4 its own repxesentatives and �vitnesses. . . � If either art desires a v r a' P Y e b tim rec . • ord of the roceedi � i , p n�s' it ma�y cause sucli a recoxd ta be made, providin; it pays for - • , the record, If both parties desire a verbatinz record of the • I , . , pxoceedin;s the cost shall be sliared e uall . . � ' . . • q Y . �. ' , . . ' • � � � . � ' • . . . . , '. • . 'S' ' � • � � ' , . , . . . , . _ , • . _ _ _ , _ ._ . � . . I . �� ; , � „6_ . . . . , . � ■ . . , , • , ' . , . . , , l5 j . . .. 6. 6 S�V�1.IV ER � � : � ' � ' � , ' . ' . ,, , If a. �ricvancc is nat presentccI �villiin the time limits set fort'n , • � above, it sha].1 be consic�ered "waived. " If a. �rievance is not . • , appealed to the next step �vithin the specificd time limi.t ar any �• � a�xeed extcnsion thcreof, it shall be consi.dcred scttled on thc ' , basi.s of the LMPLO�'ER'S �ast ans�vero If the 1EMP�..OY�R does • . � � not answer a�rievance or� an appeal thereof within the s�n�i.iied � , time limits, ihe UNIOIV may elect to treat the gxievance as denied . at that s�ep and amrxxeetiately' appeal �he g-� ievance t:o i:he nexi; sf.ep. ,. � � , Tlie Yirne lim.it in eaLii siep Ynay be ex'�ended by mutual agxcement � . ' � � of �he EMP�OY�R and the �yzo�v. ' . � ' ' � � , ' 6. ? CHOICE OF REMEDY� '. � � � : . � ' � � 0 • . Xf, as a xesuli of the �itten EMP�.�XER xes�Qnse %n Step 3, . •,� .•� � fihe xievance remains unresolved and if the g , grievance invo�.ves ,•.•. the suspension, derx�o�ion, ox elischarge oi an empl�yee who � .� � � ' - - has comple�ec� tlie xequixed probaiionaxy pe?��c�d, �Iie �;xievance � � � . . _ .. . may be appealed e��iier to Step 4 of 1�,.RTICL� �I ar. a procedure - � � , : suc� as: �ivil Ser�ce, Z1'ete�an's Preferencea ar �`aix� Em�- _ � . p�oyment. If appea3ed to any procedure othe� tlhan St�p � of: � . Al2TxCLE VX tl�e grievance is x�o� subjec� to �he arbitxation • .. • �� ,�. '� • pxocedure as rovidec3 �.n St� � of .ARTICLE VI The a r'e �� ..' � P P • g� i �eI _ � �� employee s:�all indicate i.n wr��ing �vhich procedure is f�a be � .' -,. ' �utilized -� Step 4 �£ �RTICLE VI ox anothe� a cal. xocedure -- . . �. . PI� P . and s'�all sign a sta�exnei�t i:o the ef�ec� thai tlle Ghoice �f any � ,' _ � , o�her �earinb precludes fihe wborxeved zmployee fxoan mal:in� � � � _ . , a subsequent appeal L•hrough Step 4 of A.RTICLE V�. • .� . • �A.F.TICLE VII DEJ'INI'TIOI�S (r� & �) . . � � � . . � . � ?. 1 UN�U�t: The Interr�ational Union of Operating Enbineexs, �• � � � ' 'Local No. 49, AFL.-CTO. . . J . . . . . 7.2 EMPLOi'ER: The individua? xnunici�al.ity dcsignated by tliis . ' AGFE�MEI�IT. � � • � � ' ?. 3 UNION MEIvit3ER: A membcr of ihe IntcxnationaJ. Unirn of . � Qpcxatii�o En�incirs� Local No. 49. � . ' . 7. 4�2viPLOYI:E: A mr.mber of thc exclusivcly► xccognizcd l�araaining . ' ' .unit. , . . � , 1 r � � ' �\ ' w . ,?.5 i.1.SL FAY RAr�, nc� ernploy�.a s hourly p1y rafc cx4�1151�•c . of lonrcvity ar any nilic�r specill 111o�v.zncr.s. �, . � • � 7. G SI:NlORZ'I'Y; Lcn�;ti� c�f conti��uous scrvice �riili fiha T'l�tl'I.O�'Elt_ . .. • � � . .; . w'r �` � � , , . . . .. ' T.7 COMPENSATORY TI��E: Time off the em lo ee's re ularl p Y 9 Y , schedu1e work schedule.equal in time to overtime worked. 7.8 SEVERANCE PAY: Payment made to an employee upon honorable� � ! termination of employment. . < 7.9� �VERTIP�E: 41ork performed at the express auiharization of �� the E��PLOYER in excess of either ei ht 8 hours within a . 9 �) . i� twenty-four (24) hour per°iod (except for shift chanqes) or .more than�fcrty (40). hours within a s�ven (7) d�,� period. ,7.10 CALL BACK: Return of an employee to a specified work site ', to perform assigned duties at the express authorization of .•��the� Eh1PL0YEP. at a time other than an assiyned shift. � An � iextension of or early repor�� to an assigned shif� is not , . a ca17 �ack. � • �•7.11 STRIKE: Concerted action in failin to re vrt for dut the . 9 P . Y= , . willful.absence from one's position, the stoppag� of work, • slowdown, or abstinence �n wh�l� ar in par� from tt�e full, Ifaithful and proper per��rmance of the duties of employment � , for the purposes of inducing, influencing or coercing a . . change in the conditions or compensation ar the righ�ss �' � -. pri�vileges or� obligations��of employment. . � ) 7.12 STAPdDaY PAY: Compensation for standing by,at the C-ity's request, . or be-ing available for work on days that are normally considered . , . , I� the employee's day off. . . . � - � • . ,. • . . , . , � -7- . ' ' • • � 15J . : . 0 � '., �';. ' ', . � �, . I� ' . .� � �• . • � �- � . • (� . , «$+ . I 'AR7ICLE VIII SAVIPJGS CLAUSE . (,4) � Thi s AGREE�1EP�T i s subject to the l aws of the Uni ted States, the � I�'State of t�tinnesota, and the signed municipality. In the event any - �' provision of this AGREEP1EPJT shall be held to be contrary to law by a . . � . . • ,�� court of competent �ur�sdictzon from whose final judgment or decree no '.�appeal has been taken �rithin the time provided, such provision shall . be voided. All other provisions of this AGREEh1ENT sha11 continue in •� �full force and effect. ihe voided provision may be ren��otiated at . �the request of either party. � � ARTICLE� IX . 410RK SCkiEDIlLES (�9) � � � �. '. 9.1 The sole authority in work schedules is the EMPLOYER. The . �. . - ., .. . , : �,' normal taork day for_ an employee sha11 be eight (8) hour�so � i.� � e� mal work week�shall be fort 40 hours Monda throu h 7h nor y( ) y 9 -. � Friday. . . . . � S:2 Service ta the put�lic may require tne establishment of regula�° ��.�' � �� shifts for some employees on a daily9 weekly, seasonai, or �' annual basis other than the normal 8.00-4:30 day. The Q�lFLOYE:R � wi17 give advance notice to the employees affec�ed by the '�' •. establishment�of work days different from the employee's norm<il . eight (8) hour work day. � � ; ' � . �� ' " � 9.3 In the event that work is required because of unusual circumsi:ances I'.� i' such as (but not limited to) fire, flood, sno�v, sieet, or bre�ikdown ' r • of municipal�equipment or faci7ities, no advance notice need be . � qiven. It is� not r�quired that an emoloyee ��rorking otf�er than th� ' nornial work day be scheduled to �ror1; more than ei g�it (8) �ours ;, ' • � ' • • however, each employee has an obligation to �vork overtime or c:all �' , backs if requested unless unusual circimstances prevent him fr�om � -- ---._�._�.. _ -=� � . , �.:� '� ; � _g_ • � �.." . .� . .� • . � . 15 L , 9.4 Service to the public may require the establishment of ., regular work weeks that schedule work on Saturdays and/or � • . .� � . Sundays, , _ �� R?iCLE X OVERTIh1E PAY (i�) ' � 10.1 Hours worked in excess of eight (8) hours within a ' � � _ ' . twenty-four (24) hour period (except for shift changes) � ' or more than forty (40) hours within a seven (7) day period � . � °� .� . . . . . 4ri11 be compensated for at one and one-half (12) times • �. ' the employee`s regular base pay rate. 10.2 Overtime wil� be distributed as equally as practicable. .�_ . , 10.3 Overtime refused by employees will for record �1, �ses . �� P p 1 under ARTICLE 10.2 be considered as unpaid overtime worked. . � � � , ., 10.4 For the �purpose of comput�ng overiime compensation, ' � . '� , overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. � �. � � RTICLE XI CALL BACK (�1 & L) � _ : �_ . � .. tAn employee called in for work at a iime other than his normal � ' heduled shift wi11 be compensated for a minimum of tE�ra (2) hours � � _. y at ane and one-half (12) times the employee's base pay rate. �� ". �� extension or early�report to a regularly schedu1ed shift for duty.. :� does no� qualify the employee for the two (2) hour minimum,�nor does a � �il back to work if less than one (1) hour has elapsed since ihe . � • �ployee's a�ork period ended. � • , ' � . . ;. , . . ` . • ' . . � . , , f . ,.. . ' ' . � � . .. . • . , � •. . , . .. � ' '. . _9� . . _ . ` ' = -�o- ' : . C. . � •• ., :: . . , ... ,.. � � . . . .. . . �. . . . • � 15 f� AR �TZCT-•L X�I �,EC,AL 3�Ei'ENS� (M) � . , � :. . . � l2. X Employees involvcd in litibatzon be_cause of negligence, � , • ., .: '� ' . • ignorance o� Ia�vs, non-observance of la�vs, ox as a • . ' � .. . . � � •, , ., resuli of employee judgmental decision may not xecc�ive � '� ', ' , • ' �egal defense by the xnunicipality. � � � . - '. ' ' . I. ' � ' - . � " ' . ' , I.2. 2A.ny ernployee who is charged �vith a f�raffic violation;, . . . • � � � ,'� • , • .. � � • ' , oxdir�ance violation or criminal offense arisir.g fxom " , - , � . , . . • � � • • acts per�ormcd tivitnin ihe scope o� his employxner.t, � • . • ' � � .,. - . .. . • . I, �' ��hen such ac� is performed in good faith and under dixect �. � . • -- - -� • oxder of his super.visor, shall be reimbursed fox x ea.sonable . -• •� . . . �• attQrr�ey's fees and courf costs actually incuxxed by ��u�h • '� �. . ,.�� . . ' . . � • � ,•. : � employee in defending against such charge. . � .. ' � : . � ' , � ARTICL� �III RIGHT OF SUBCOItiTRACT, . (t9). . � � , � � .� �� '� ' �•' - , . . �: . . � • - . •. � . • . '�'. Nothing in this AGREEtiIE11T shall prohibit or restric�E the .:.� . ', � �ight of i:he Ei�iPLQYER fxom sL�ontzac�ing �vark pexfoxmed by ��' - '-! �, � , - �. - . . � . � �mployees coverac3 by this AGREEMENT, . . - . .. ' . • � �". � . : �' : �AR cICL.F XZV' I7X.SC�'LI7�E ("�) �. , � : -� � ' - : . ' _ r '. ?�'he EMPL•QYER will diacip7.ine employees anly for just � ' . `. . . . '� Cause. . � ' . .' : •. . .. . � . ' � . _. • . . � , .. ��:- : . � . -.- - .A..R'I'IC.LE� XV SENIORIT"Y { M) - : . � . �- . ' : . . � , • � �. 5enioxiiy will. be ihe determir�ing cxiteri.on for �ransfers, - � .� , . . � � - pxomo�ions and �ay affs. onlX �vhe8 all other qualificatian �ac�ors � . - � �� . a3'.P. L'�llc�,.�.� •. � ' � . '. - ..� •. ' _ . .- � �. • ,.• .. , . . • � . -' �.�tTICLE XVI PRQI3ATXaNARY PERI011S (f1) . -� . ' � . _ � lb, �: Al� ne�v3 f hixed or rehxred erriployees will sexve a sxx�(6) �:� �._• � .�. • ' • , . . • . - - �.. .- . • , 'rinonilis , pxobationaxy period. � _ ... . . . • : . • - - . '� l b, 2 Al?� employees �vill serv�; a si:� (6) moi:ths' probationary .� . �•� • � �• • exiod in an 'ob clas i ' � . .. . . p y� s fication in lvhich the empJ.oyee . - � �. • ha� not served a �.;�bationasy pexiod. . ' . - . . � . ' , • - ' . . ' ..� �6,.3 }!� any time duxins �he probafionaxy pexiod a n$�vly •. . • : _ . • .. 3iired ox xehired �mplo}�ee may be teYaninated at �e ; ' ' . , � . - . .. • sQ�c discretion of thc E1�IPLOY�R. . • . ; . . . �6.4 At any time durin ; tlie pro�a#i.onary period a promoie�ci ,' �' ' ox xcassi��cd cmployce ma}� be dcmoted ox xcassin.r_ed .•.. � , o ... • to thc em��Ioycc's prcvious posiiion�at the sole discx etion , . .' • • of tl�c LMPI.AY�S. , • • ' . , . � . . . . , . , . - , , • . . . • ,. , . a10� . . , . ,'f . �'�. � -11 �. . . I tRTICLE XVI I� SAFETY (t'l� •� . . The EMPLOYER anci the UNION agree to jointly prcmote � ' ''afe and healthful working conditions, to cooperate in safety � • � � atters and to encourage employees to vrork in a safe manner. . RTI CLE XV I I I JOQ POS7I taG (��1 & L) , � 18.1 The EMPLOYER and the Union agree that permanent job . . vacancies within tf�e designated bargaining unit shall be � filled based on the concept of promotion �rom wi�hin � . �� provided that applicants: � 18.11 have the necessary qualifica�ions to meet . �� '� .� standards of the job vacancy; and , . 18.12 have the ability to perform the duties and - � � . . . �:� responsibilities of the job vacancy. , ifl.2 Empl_oyees filling a higher job class based on the provisions of this ARTICLE sha11 be subject to the conditions of � ' ARTICLE XVI (PROBRTIOi�ARY PEP,IODS) . ��, 18.3 The EMPLOYER has the right of final decision in the.se7eciinn :. . of employees to fill posted jobs based an qualifications, , ' abilities and experience. � . � 18.4 Job vacancies within the designated bargaining uni� wil7 be �� . l5 N .� posted� for five (5) work�ng days so that members of the ,�, � bargaining unit can be considered for such vaeancies. •( i8.5 Present qual�ified members of the bargaini;�g unit will not be excluded . �� from consideration for thQ position of �oreman. Foremem �vill �not be '� covered by the same job posting and hiring practices as contained in ' • the master contract. The City reserves th2 right to f�ire the best i, ' qualified person for the position, �vhether the employee under consideration '.' .is a present City employee or not. • '• � � � . ' -il- , II � • :% _ . . � . .... . �� ` 1 . ' ARTICLE XIX INSURI�P�CE (M & L) (� 19.1 The City will pay for employee's Nealth and Nospital Insurance and the ' employee pays for dependent coverage, except as noted below. The City also provides life insurance equal to annual salary with a maximum of � $10,000 for the employee. The City also provides additional AD&D insuran ce equal to salary, with a maximum of �10,000 for the employee. ' �g,2 The EMPLOYER ,�uil? contribute up to a maximum of sixty dollars (�60.00) per .' month per employee for qroup health and life insurance, �including dependent coveraqe, beqinninq with the February 1977 insurance premium and t,irough � thp premium coverinq the month of December 197£�. �RTICLE XX HOLIDAYS (M) The �MPLOYER will provide ten (10) paid holidays for the year 1977 and ten (10) �J �ai d h�1 i days f or tne ye ar 1978. ' ' � • � � � , I � � -12- 0 15 0 µ13- 1 �' ,ARTICLE XXI VACATIONS (�� • �, , 21.1 Each employee of the City v�ho has r�orked continuously for the , • Cit for a eriod of not less than six 6 successive months Y P (_ } ' , i s enti tl ed to a vacati on a�•�ay from err�pl oynent �. wi th pay. : ' • Vacation pay shall bQ computed�at the regular rate of.pay.to �rhich . �� such employee is entitled, An employee who has worked a minimum of tti��el ve (12 ) months �i s enti tl ed to one (1) �rorkday ofi vacati on �' • or each month so u�rorked. At� em lo ee who has v�iarked ei ht -four . . f . P Y 9 Y . - � (84) consecutive months is entitled to one and one-half (12) workdays of vacation for each month worked beginning with the ' eighty-fiftt� t85th) month of consecutive employment. An empl.oyee ,�'' who has worked one hundred eighty (180) successive months is � entitled to one and two-thirds (1 ?_/3) workdays of vacation for � ' each month ��:orked beginning with the one hundred eighty-first (181stj . month of consecutive employment. Except Vrhere other�rise provided, ' b a r.eement between the Cit 1�1ana er and Em lo ee, no more than . Y 9 . Y 9 P Y , twenty (20} days vacation may be taken in any one calendar year. �21.2 Emp7oyees are not authorixed to carry over from one year to the � next more than five (5) days of vacation over ti�f�ai the e�ployee ' had at the end of the previous year, without express approval of his Department Head and the City Manager. � ' 21.3 In the even� a reguiar full time employee quits or his employment �, is severed for any reason ��ha�soever, he shall receive his earned vacation pay. , � � 21..4 Seniority will apply on vacations up to �1ay lst of each year. After hlay lst, vacations wiil be on a first come, first served basis.. , -13- . � . � 0 15 P � . , .. . , o.�, ,.. I �. � 0 �� .. -14- �. RTICI.E XXII ST,'�i�D6Y PAY AP1D MItJIhiUf�1 CALL BACK FOR STAND3Y E��iPLOYEES (L) � ' ' 22.1 Employees t��ho are designated by the Gity Mar.ager to serve '. in a"standby" status on behalf of the City on a Saturday or Sunday or other holiday of the City to per�Form work as may ' � be necessar. to the u51ic interest on such da will receive Y P Y ` as compensation for such service as "standby" two hours of overtime pay for each day served in such status. If on any '' �, such day the emplojree in "standby" shall actualiy perform work �'• for the City, he shall be enti�led to compensaton far each hour or partion thereof actually worked at the overtime rai:e �. of pay, which shall�be in addition to the t�{�o hours standby pay. -� -22.2 An employe� who is on standby9 and is called out to perform ' work sha11 be aid a minimum of one 1 hour avertime for , p {) iperforming such work. � _ � : • � ARTICLE XXIII EP�1Pl0YEE EDUCATICN FRCG�kf� (L) . .�� .' 23.1" The Ci ty H�i 11 pay tui ti on casts for trai r,i ng courses rel avent to ' the employee's presen� or anticipated care�r responsibilities . at City approved institutians. The Ci�y will �ay fif ty percent of ' the cost of tuition in advance and the employee will pay the other ' _' fifty percent. The emplayee wil7 be required to present 1:o his � � . -. Department Head a certification of satisfactory work when the ' course is completed. • . " 23.11 Cours�s issuing a letter grade - a"C" or above is required. '• 23.12 Courses issuing a numerical grade - a"70" percentile is ' required. � � ' � 23.13 Courses not issuing a grade - a certification �From the � � .' � . instructor certifying that the student has satisfactorily . . . '� participated in the activities of the courses is required. ' � -14- • ' . , � 1� Q � �. , . �'. .:. . �� 15- C,. . . C.� • . . , ' �23.2 Tf' the employee satisfactorily completes the course, he ��ill be • 'mb d f p d i rei urse or th.. a d t�onal fifty percent tuit�on. The City � � wi]l nat reimburse th� emp7oyee for f ees which are charged for � instruction, associated administrative expense, books, student � membership, student hea]th coverage and other charges for which . the student receives some item or service. � . �• . 23.3 The City vri11 not reimburse the employee for expenses reimbursed �... under some other education system or program, i.e., G.I. Bill. ' . . . . �� ' ARTICLE XXIV hlORMRL SICK LEAVE (.Lj '. , 24.1 An em lo e� who is u ble . y p y na to work because of s�ckness �r .�n�ury �� . :.may obtain sick ieave upan notice to the City. Written verification -- of his condition by a competent niedical authority may be required. �� , yfhere the condition of the employee is such that he is unable to act .� . , for himself, the UIviON may apply for sucn leave of absence i7 his ��. .' . . �' �� behalf. Failure to no�ify the City subjects the employeE to ' ' � appropriate discipline by the City. �� 2�.2 Each employee of the City who has worked regularly for the City for� , a eriod of not less than six 6 successive months is entitled to p (} '� • si�ck leave away from employment wiih pay. Sick leave pay shal] be computed at the regular rate of pay to tivhich such employee is entitled. -' An emoloyee who has worked a�inimum of six (6) months is entitled •�' to one (1) day� of sick leave for each month worked, cumul ative to , one hundred t�venty (120) days of sick ]eave. After one hundred � tt�renty (120) earned and unused days of sick leave have accumulated,' one (1) day additional vacation shall be granted to an employee for ' � Qver ti�ree`(3) sick leave da s earned and unused. �The em lo ee . , Y . Y P Y �, ' may elect, after ninety (90) earned and unused days of sick leave have � �� .accumulated, to receive one (1) day additional vacation for every � ' • -15- , , , l5 R � . .� , •. ;I I` .. ., , . r ..�6_. ' � • I�� ' . . l, . �.� . . . . three (3) sicF, leave days earned and unused. Sick leave days shall not '� accumulate beyond one hundred tr�enty (120). Before any sick leave ., compensation is paid, the City may request and is entitled to , ', receive from any employee ti�rho has been absent more t,�an three , (3) days in succession, a certificate signed by a co» etent phys�c�an or other medical attendant certifying ta t�e fact , � � , that the absence was in fact due to sickness and nvt otherwise. � � - ' • The City also'reserves the right to have an examinai�on made � _ at any time of any person claiming absence by reason af�sickness; such examination may be made ��Jhen the Ci�y deems the same �easonably necessary to verify the sickness claimed and may be �aade in behalf • �of the City a�y any competent person designated by fi�:e City. Sick. leave is ta be used normally fo�° th� sickness of the employee only, ho��ever, two sick daa�s per year may be useci for the fiollawing 15 S ' specified uses: (1} Serious illness of the spouse. (2) Serious . illness of child. The special �se da,�s cannot be ac€�mulated , ' - from one year to the next and i f the,� ar�� no-� used, tE�ey are i ncl uded � i.n the normal sick leave accumula�ion. � � ' ARTICLE XX�V INJll�Y ON JOB (,L) -� _� ' Any full time City employee who has been employed by the C�ty at ieast ' � ' six {6) months, injured on his regular job, shall be entitle�£ to full pay up to a period of ninety (90) days tivhi7e he is absent from �v�rk by reason � o-F such �njury and his accrued sick leave will no� be chargc�i until after and beginning tivith the ninety-first (91st) day of absence fra:n ti,�ork hy . . , reason of such injury, provided; ho�vever, the amount of any campensation shall � �be reduced by any payment received by tf�e injured employee frorn workmen's � com��ensation insurance. An employee who claims an absence from work due to !� ' an injury sustained on his regular job is subject to an examination to be made in behal� of the City by a person compPtent to perform the sam� and as is designated �' . • . by'the City. • _��,_ . ` � ••„ � ; , •. :., . � " / ..� �_ . , � ' ' �' � � � � 15 T � • �, ' � � . . .. . 1 � �. . . AR7ICLE XXVI fUT�ERAL PAY ��) � � � � ��•.In case of death occurring. in the irnmediate family of an employee, such .. �,an employee may be excused from work for up to three days with additional � -�time off granted by the City P�anager if additional time is needed. This .�time off shall not subject the employee to ioss of pay. For this purpose, ,. members of the immediate.fanily of th� employee are considered to be the ' �folloaring: s ouse, child (natural ar adopted), parent, grandparent, brother P �sisier; mo�her-in-law or father-in-law. � . ' . ' �_ � � ARTICLE XXVII JURY PAY ANO 6dITNESS FEES (L� , � :. . '�An employee who has been duly summoned for jury duty in any court or .��rho has been duly sum�noned as a witness in any proceeding, sha11 �be excused : ��rom �;ork�for� the purpose of complying a�ith such summons, and while absent ..�rom ti��ork in accordance there��rith, such employee sha17 be entit�ed to r�c��ve - s pay a sum af money equal to�rthe difference between what he received as .. _ ompensaton for such jury duty or witness fees, and his regular pay. . � �RTICLE XYVIII h1ILI1'RRY LEA'JE (L) � . _ �� Any employee absent from work in accordance with the order of a duiy . ' ��stablished military authority shall receive pay and compensation during • :�uch absence as is provided by State Law. � . , ' � , . . . ' , ' . . � ' � ' • �� . , t • • F . � . � � • , , r . I �„ , • :3.ry . � I � . ' '. ..r - � � =f� . . � � . �_ ,• ARTI'CLE XXIX SALARY SCIIEDULE FOR 1977 A�JD 197a .(t9) ,�5 U '. The salary schedule for time worked nrior to January 12, 1977 shall be as set forth ', in the 1976 contract. The following schedule of salaries represents the base salary for empl�ees covered by this /�GREEP•1EPdT for the duration of the AGREE��IE�dT, except � that ihe salary shovm for the year 1977 shall become effective January 26, 1977. � � � 1977 BASE SAL�IRY 1978 BASE SALARY EFFECTIVE 1/26/77 TI�RU 12/31/77 1/1/78 THRU 12/31/78 Afte r After Two Two lst Year 2nd Year Years lst Year 2nd Year Years � Chief Mechanic Heavy Equipment Operator ' (Sr. Sewer, tdater, Park and Street) � � ' � �� . ninety (90) percent of the contract rate for the job classification into 4V{11CI1 . the employee is hired for the employee's first year. This rate will increase to ninety-five (95) percent of ihe contract rate for the employee's second year, and move to the contract rate for the employee's third year of employment. Mechanic Specialist (Sewer, l�later, Park, Street and General) $5. 51 $6 . 87' �7. 2 3 $6.33 $6.68 �7.03 $6.33 $6.68 �7.03 $6.13 �6.47 �6.81 Liqht Equipment (Sewer, Water, Park, Street and Opr. and Plaintenance Man) $5.93 $6.26 �6.59 $6. 87 $6.69 $6.69 �6.49 $6.29 $7. 25 $7. 53 �7.06 $7.06 $7.43 $7. 43 $6.85 $7.21 �6.64 $6.99 Sanitation, 4Jater, Park, Street and Equi p�nent Maintenance Person $5.65 $5.97 $6.28 $6.01 $6,35 �6.68 Employees hi red after December 31 , 1976 wi 11 start at a ��rage rate e ual to � ' . , , 1.. . �� ARTICLE XXX INCENTIVE PAY (LONGEVITY) (�) Incenti ve Pay wi 11 be pai d over and above the base rate of pay for employees permanently hired prior to h1arch 31, 1973 according to the following scf�edule: After 5 years of Servi ce - 2'Z� of base sal ary rounded to the neares t dol l ar an�oun t After 10 years of service - 5p of base salary rounded to the nearest dollar amount After 15 ycars of servi ce - 7'�p of base salary rouncied to the nearest dollar amount - - . , ..,.� . , ` . ' • �'`� . ,,,j g• � ' � ' � � ' � '' � .; .. •. { . , . � '.. � . � . . � • • � � , . . . . • ' ' 15 V . . . , , , •. , , , , � ,. ; 30.2 Tt�e City of Fr.idley has agreed�to pay incentive pay to cmployees ' h�red prior i:o t�arch 31, 1�73 in rccognition of iheir.pri�r.service . .. � and contribu�ion to the Cit of Fr'dl 't .o � y i cy. t�e� �.her the C� y n r the • ' � ' . �: . Union ti�rill at.tempt to �:aY,e at��ay longevity or incent�ve pay for . . ,.� � those persons hired prier to f-larch 31, 1973, in futui•e contract;s. ..•'. � ' 7he amount ot` i ncenti ve pay for el i. i bl e em 1 o ees ti�ri l 1 b� .� . � P Y � nego�iated�for the affected employees. - � : _ : �. : . . � • � . � . AR7IC�C XXXI ' UNT�ORi�iS i�� ' � • ' ' • `''. . ' � • . � 7he Cit � o:� �ridle ��ril f rnis i . • . - S y 1 u h tin fo�ms to employees of the bargain�nc� �m t frce or charge to the employee. The Ci�y reserves �he right to select� � ... •. • . �. . . • . . • � . �. .� the type of�uniform to be furnished. 7he Ci�y ti�rill ayree to furnisl� rain .. .� �quipment and special safety equi; r�ent fer al l employees. � . � • : . • � � � _�. . � , . . . . , . ;- . �R7IC(.� XXXTI SEV�RAP,CE PAY .CL} . . • � • . : � � .. - . . . � . .. • • . . . .� .- - : . � 32.'l Emp7oyees permanently hirecl prior �o t�larch 31, 1973 are eligible • : -. �- _ far. severance pa;�, accordi.ng to the follotiving schedule: " � � � � : �.�� . � . ,� 32.11 �"An empi oyce ti�ri t}; forty-eight (48), ar mare consecuti �e m�nths � �._-' •�. ,• •. . . • . � - • . - • �. _ • • . of employ�nent will receive severanG� pay in cash based an one �. � ' . ' and one-half (1 2) days for each �:welve (12) consecu�i ve mon�hs . . , . � . " wor{:ed, hut not to exceed thir�ty (30) days of same." .. �� ••� '• � . ' � . . . ; - � _ .;. . �2. 2 Lmpl aye°s hi red ar ier t-iarch 31, 1973 ti��i 11 nat be el i g i bl e�or severa»ce r . . � . �r - pay, T1�e City' recagni zes i ts pr� or co�rni trient to empl oyees permanently . �• •hi reci pri or� to� r�a rch 31, 1973, Nei th�r ihe C� ty nor the Ut1ID�1 wi 11 � '' .' • �• atten, t t reduce sev r nce a f �i� ''h e em • � p o, e a p y o r i o s e e l� g� 1 p l o y e e s � n f u t u�- e . . . ' • � • , ..• • � . contrac�s. • I � � � ' -19- � . i � _ -- - : : � ; �' -20- . . . . � . . . . ... �' : . . • 15 �,� AR7ICLC XXXIII REPRESCidTATIVE Ot�l AREA WIDE PaEGOTI/1TI0tJS ((.) If the UNIO,� ch�oses to use one of the pers�nnel from the Fridle;� work � � �� force as a represeniative on the area a�ide bargaininy un�t fior.more than one year I�in three, local No. 49 will pay the salary of such employee for tt�e second year, . for the time spent on area Vride negoi:iations. 7he purpose is to spread the � f such re resentation amon the several communities involved in joint � cost o p 9 ' � , _ � • . ' ti ns. � n�got� a o . . . . • A' . .• � • ., . ' . • • • _ . � .�.�TZCL� xxxlv w.�.xvrz? (��) . � � . �. •� . 1 Any and all pxior aarcements, resoluiions; practices , ' � ' - . � � ' ' polzczes, rules and regula.tions regaxding terms and , • � ' . • conditions of exnp�.oyment, to the extent inconsistent �. �� • � � wiih the provisions of this• AGFEEMENT, are hereby � : �. : • . - � . , - . superceded. ' ' • . - - . � _ . . .2 ThP parties mtifually ac�:nawledge fhat duxing the ne- . '.: '� _ . * : � . . . , _ : - go�iaEions �vhich resul�ed ix� this AGREEI�IENT, each � .. �. . had the unlimited. righ� and opportun.iL•y fio ma�ce de- � '. . .••. . .� • mands and pxoposa.ls �vith respect to any term o� -.- - . � � con�tition of exnploymen� nat rexnoved by law from . � � . . � . _ � � � baxgaining. All agxeements ar�d undersiand"angs - �.. � . � � . : . _ . . � • � �ar�ived ai by the parti.es ars set �arth in ��vr�tina in � � � • . . . ' ' - � � � • • � �his AGI�EEI�i�NT �oz"�the stipulated duz°atior� of this � � ". �- � � � : . • � , .E�GRE�ME�IT. "Z'lie Ea�IPLOYER anci the UNION each � . _ _ � - � : �� . ��.• Yoluntarily and unqualifiedly �vaives the r�oht to . � . , ' .� - � �ineet and ne�otiate xe�a�ciing any and al� texms and . � . •� -�. � �. : . ' eonditions of em�?oyrxient referred f:o or covered � • • � • •: . : � • :� � i,n this AGREE�iE11T or �vith xespec#: fo any term �. ' � . � � � . � � flx condiiion of employmeni not specif.ically r��'erxed • � . � �_ � _ � . .:. �'�� . . � ax coverec� by this.AG�,EEIviENT, even thoush such iexm.s� � • , ' ox conaitions may nat 3iave been �vithin.the l:na�vledge � • • . • � � ��• � � � . . ox coni•cmplation of eithe� or bath paxties at the time thzs • �,� ' . , � contract �ras negotiateci or executed. � • ' � � . . • ' ,� , .. • ' � .. • ,' . • . � . . . . . . ' • • .. . ' . : . . . . • . .' '� , . � � • ' , � ' -20- ' . ' . '. . . � . , , • .. � � -2�.- 15 X ARTICLE XXXV QURATION (�1) � This AGREEt�ENT shall be effective as of January 2G, 1977 and shall remain in ful1 � force and effect until December 31, 1973. � In witness whereof, the parties hereto have executed this AGREEP4EN7 on this ` �"�%`' day of �:�� , 19770 � FOR TH E CITY OF FRIDLEY � CITY MAfdAGER - N/�SI(�! I�. QURESHI � MAYOR - WILLiAi•1 J. NEE � FOR INTERNATIOPdAL UNION OF OPERATING ENGINEERS, LOCAL N0. 49 � ��....,�� .�.,��,,,�.....� �.�-�„�+ ��SS AGENT - JRi�iES E. 6OE��ER � ,� �. • STEWARD - DONALD C. CARRIGAN � � � C, EWARD - CNEST C. SWANSON I recommend to the City P-lanager and Council that the City of Fridley enter into the � above AGREEhtENT for the years 1977/78. � � I � -21- .� I' � �� RESOLUTION N0. A RESOLUTION REQUESTING THE MINI�ESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNALS AT THE INTERSECTION OF TH 47 (UNIVERSITY AVENUE) AND 69TH AVENUE � WHEREAS, the City of Fridley is very concerned with the dangerous traffic situation which exists at the intersection . of Trunk Highway 47 and 69th Avenue; and � � � � WHEREAS, the crossover at 69th Avenue is the only outlet for a large residential area on the west side of TH 47 (University Avenue); and WHEREAS, there is a considerable amount of traffic generated at times due to activities in Locke Park and Columbia Ice Arena on the east side of TH 47; and WHEREAS, recently the County has completed an addition to the Ice Arena which, with the increased scheduling of ice time, generates further traffic at 69th Avenue; and WHEREAS, there is only a narrow space in the crossover � section of the highway between the main traffic lanes at this �i-,�tersection; and � WHEREAS,t��ere have been numerous accidents at this intersection. � NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fridley that the City feels there is an immediate need for the installation of signals at the intersection of Trunk Highway #47 and 69th Avenue NE and hereby requests the � Minneso-ta Department of Transportation to proceed with the installation during the 1977 construction year. � �� I � � BE IT FURTHER RESOLVED, that the City of Fridley will be willing to bear their proportionate share of the traffic signal improvement at this intersection. Further, the City of Fridley will be willing to pay the total construction cost for the signalization at this time, if the Minnesota Department of Transportation agrees to reimburse the City of Fridley for � their share of the cost within the next two years. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 197�• MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL 1� � �� RESOLUTION N0. A RESOLUTION REQUESTING THE ANOKA COUNTY COMMISSI4NERS � TO LEND THEIR SUPPORT IN A REQUEST TO MINNESOTA DEPART- MENT OF TRANSPORTATION FOR SIGNALIZATION AT T.H. 47 (UNIVERSITY AVENUE) AND 69TH AVENUE � � WHEREAS, the City of Fridley is very concerned with the dangerous traffic situation which exists at the intersection of Trunk Highway #47 and 69th Avenue NE; and WHEREAS, the crossover at 69th Avenue is the only outlet for a large residential area on the west side of TH 47 (University Avenue); and WHEREAS, there is a considerable amount of traffic � generated at times due to activities in Locke'Park and Columbia Ice Arena on the east side of TH 47; and � WHEREAS, recently Anoka County has completed an addition to the Ice Arena which, with the increased scheduling of ice time, generates further traffic at 6°th Avenue, and WHEREAS, there is only a narrow space in the crossover section of the highway between the main traffic lanes at this intersection; and WHEREAS, there have been numberous accidents at this intersection. � NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley requests the Anoka County Commissioners to support Fridley's request to the Minnesota Department of � Transportation for signalization at TH 47 and 69th Avenue NE intersection. � • � � � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: , 1977. MAYOR - WILLIAM J. NEE CITY CLERK - MARVIN G BRUNSELL 17 CITY OF FRIDLEY PETITIUH COVER SHEET Petition N��, 1-1977 Date Received January 31, 1977 object Petition for water and sewer laterals, storm sewer and street __ surfaci ng for Lakesi de Qri ve from Onondaqo i,o 73 2 Street and for 732 Street from Pinetree Lane to Lakeside Drive. Petition Checked By Percent Signing Referred to City Council Disposition Date !!L: .'�,. � . . • . �,�� 1� a � � � � .� i i � � • � � � � • �'i';!'lilvi? i�:::� !: ..::�:� �:• . :[: 1;�',.,..ii.i.� :'.i::) `;'l;n.;::!' .�ui:i'i:4)E:l; , Fkl.l►).1•:Y, i:li:[i'r•:��'in . . . , � � ��y- 3 ' 19 � To ih� City Cosncil of Fi•idley� i�.littl^_SOt�: " ,�le� the undersi�ned, cor.sti.'tutir.� more th-_.n fifi.y-ane per cent (51h) o� the proFerty o�m�rs in ncr�:oar an3 in ii�t�r�s�, in the fo].lo;rin� �treets: �• I.akeside ' �S'tTeet� .fi'o:n �nonda�o tp 73'-� Street �� StTeCt� fror.t Pinetree Lane t0 Lakeside ' X� Street� from xxx t� xxx ~ frho wrill ben��i� by the pr000s�d inprov�l;,�nti hereby Fe�i+,9.on that tha �ollo:•rir.� �m- prove��nts be n=_d�. ].•�� ldater laterals and services 4, Stabilized bitiiminous surfaced —'--- '— —"'– roadway with concrete curb and • 2. Sewer laterals and services gutter. . j' �---- „ — — —=-- - . • . ' 3. Sto'rm sewer and appurtenances • ' Vle UL1Gl°Y'Sii,?n� t[!2�, i,�2 CO�t. Oi Shct� �:i:7?^0�'cT�°_Tlt, t�:l�.l t:° assessed ?�1?I?S}, 't(IP. D:'OF°_;��/ �A t!1° 2tJOV° G�DSC2'i 0°Cl 2: c'c1 in' equ=_1 i P.SL��.ZP8t1�S foi� a p�rlvCl P.Oli. �O CYCc'Ed. 10 � years �rith ini�r�st gayable at �ha rate of - 7� P per annun on the ut:naid balu:ce. ' ir7e unders t�nd that, ur �il prel� .*•snary =n�? neerir.� can be com�le ��d, i � is itr�possible � to give accurat� est�TM=_tes o£ ;�:�at thes� irpro��-�iits *.�rill cos�; bui; that b4s^d on cost figares t'or si.�ilar v;ork donc in th:: C?ty� it is estir.�a�ed that these i*-,;rov�::;ents �„-�.�'► ` cos �: • . . • �.._ $45=50) front foot for aZl- items , , �1. . . 3• . � . - 0 � -,l�'�---�_'�-�-�� v •� � , . - ---- ' ----,- -_ .._. . . . � ' _.�_ �� _- - ._� __._-- _--------------------^ ----- - - - --------� " � C TY.U�SE ONI}( ' � � i, :, ..,y c::t �i r� ti� i`. � ir. -: �. ..;.,.,,,:,•, '.lr: nb,,t�.� ,t � .� � [•.. iL`Gf?�:T.•:, rnd Li:�:• r�n r.:�n:l.i.f.��^ ,�n•••: � Lh�,: °:.il..,..�,s„ j��.• c: .t (i1..1 V�i' t•c�� ,:ru:e.: i r. t!: � a: �.1 af �' �f /� � i:4 t.: <i . �/�j I/�p/j7/ ., . , :�'' 19 R�SOLU'TION 1�'0. A R�SOLUTION ORDI:itING P�tFLIMI1�11iZY PLANS, SP�CIFICI�TIUNS, A1�D I:STIMATI:S OF TEIL• COSTS 'I'11I;12EOP: STRE�T IMPROV�hSLNT PROJECT ST. 1977-1, ADDENDUM #2 BE IT RL�ILVED, Uy the City Council of the City of Pricllcy as follo�as: 1. That it appears in the interests of the City and of the propert�r o}vncrs a£fected tliat there be constructed certain iml�r.ovements, to-wit: Street improverrients, including grading, stabilized base, hot-mix bituminous mat, concrete curb �, gutter, storm sewer system, water $ sanitary sewer services F� other facilities located as follows: 1. �Lakeside Road (Onondaga Street to 732 Avenue) 2. 73i Avenue (Pinetree Lane to Lakeside Road) 2. That tlie �'ublic itiTOrks Director, Richard Sobiech, Cii:y 1-lall, Fridley, T�, is hereby authorizecl and directed �o draw the preliminaxy pians and specifi- cations and to tabulate the results of his esti.mates of tl�e costs oi' sazd improvements, includin� every item of cost from incet�tion to completion and aJ.l fees an:l e�enses incurred (or io be incurred) in corme.ction �here- with, or the financing thereof, aiid to make a preliminary .r.eport of his findi.lgs, stating thexein wliet]ier said i.r�proveme�nts are iea_sihle and wllether. tlley can best be made as propos�cl, or in co:�riection �ait-h some Otitl81 11^�T'Ot'C];leT1�S (and thc estimated C�S�L 3S 7'eCO�ill?1C:71C�CC�� 172CZLi�11�� also a descrilztion af tlie laiids ox area as ma.y receive benefiis thexefrom and as may Ue proposed to be assessed. � 3. Thai said preliminary re��ort of the Engineer shaJ.l Le £urnished to the city cou7��_ 1. � � � � � ADOPTED B1' Tl-iE CITY COUNCIL OF T3iE CITY OF FRIDL�Y 'THIS 7th DAY OF February , 1977. 0 ATTEST: CI7'Y CLI:lZ1� - T1AIt\'1N C. BRUI�Sli1.I. � T9AY�R - 1VILLIANI J. NEE. �� • � . •� . ' � •.:w �� ;� � 0 i2�SOLUTION 1�0. A RESOLUTION RECLIVING TiIE PRELIMINARY REPORT AND CALI.ING A PUBLIC NEARING ON T}IL MATTER OF TIi� COi�1STRUCTIO?d OF CFI2'I'AIN IldPROVEM��VTS: STREET Ii�it'ROVEDtENT PROJECT ST. 1�77-1, ADD�NDUb9 #2 141-�EREAS, �he construction ox certain improvements is deemed to be i:� the interest af �he City o£ Fr.idley and the property owners affected t;�ereby. EE IT RESOLI�'ED, by the �ity Council of ti:° Ci�y oi Fridley, as follows: � 1. That ihe preliminar;r r�port subrr,i�ted by the City Engineer and t:�e Consulting Engineers is hcreby received and accepted. � 2. That tr.e ;i;� � Cler;c shall ac� to ascertain �he name and address- o� �lie owTier of eacn parcel of land c�_rectly af£ec�ed nr within the area o� , lands as r�ay be �roposed to be assessed for 521t� improvemenis, and caaculats estimates of asses:�nents as m�y be p�oposed relative the7•eto � . against each of said lands. • '. 3. T��t ?:h� area proposed to be assessed for said a.mprovements and each of . � them as noted in said notice ax�e 1�.1 the la:�ds and areas as noted i�� •,�said notice: All of the same �� be assESSe�1 propo-rf:�onately .accoxding �o the ben�fits received. 4. •?'hat t}ic estimates of assessments af �he C'erk shall be available for inspection to the o�aner of any paxcel of iand as may be affected - ther?cy ai an�� public hearing held relative thereto, as well as aL a�iy pricrr time reasonable and convenient. ,;. 'lfiat tne City Clerk is authorized and direc�ed to gi.ve notice of sucli pubJ.ic hearing by pui�?.ishing a notice �heri;cf :n the official news- paper of the Cit}� ��f Fridley a^d by mailed notices to alZ the prc�-t`erty owners �tihose propert�• is liable to �e assessed ivith tlie making of these inprovements accordir.g to lah, si�ch notice to be substantia.11y in �ox ,► ar.d sulastance of the notice a*_taci:e� hereto as Exhibit "A". 6. T;iat t'ii� Counci 1 wi 11 meet on the 2�t>> day of February �, 1� ; 7 at 7:30 o'clock F.b°.. at the City Hall in th:; City af Pridley for the pw�os� of }�.olding a public hearlilo on the i�ro��ernent noted in the iiotice a�;l:ached hereto and ir.ade a p�rt ther��f hy raference, I:x.�ij�it - ��. Ai,.�?'TEll BY THE CITY COUNCIL OF THE CITY OF FH.IULEY THI� 7tlt fAY Ot� Februax� , �977• �. •r^�-: c- ... i..�T: C;'2'Y CL�i:I� •� h1ARVIN C:. LRUIVS�LL 0 r;p';Q?� - IVILLIA,�i J. NEE 0 20 I � � � , � OFFICIAL PUBLICA7'ION CITY OF FRIDLEY � (EXI�IBIT A) NOTICE OF IIEARING ON IA1PROVEA4ENTS ST. 1977-1, ADDENDUM �f2 1'VHEREAS, the Ci_ty Council of the City of Fridley, Anoka County, �tinnesota, . h as deemed it expedient to receive evidence pertai�ling to the improvements hereinafter descxibed. N019, THEREFORE, NOTiCE IS HEREBY GIVEN TfiAT on the 28t1i day of � February , 1977 at 7;30 o'clock P.hI. the City Council will meet at tl�e City }iall in said City, and will at said time and place hear all parties interested in said improvements in whole or i�i part. � � The general nature of the improvements is the consiruction (in the lands and streets noted below) of the following improvements, t�-wit: CONSTRUCTION ITEM Street improvements, includinb grading, stabilized base, hot-mix � bituminous mat, concrete curb � gutter, storm sewer system, water F�, sanitary sewer services � ot}ier facilities located as follotias: � � � � � 1. Lakeside Road (dnondaga Street to 7.i'-z Avenue) 2. 73z Avenue (Pinetree Lane to Lakeside Road) ESTIT4ATED COST . . . . . . . . . . . . . . . . . . . . . . . . . $ 18, 950. 00 THAT TI� AREA PROPOSED TO BE ASSESSED FOR SAID IMPROVEA4E\'TS IS AS FOLLOLVS: For Construction Item above ----------------------------------------- All af tlie land abutting upon said streets named above and all lands within, adjacent and abutting thereto. A1l of said land to be assessed proportionately according to the be;�efits received by such improvement. 20 �a That should the Council proceed with said irrrprovements they will consider � each separate improvements, except as hereafter otherwise provided by the Council all under the follotiring authority, to-wit: Diinnesota Statutes 1961, Chapter 429 and lates amendatoiy thereof, and in conformity ��ith the City Charter. � I � � AATED THIS 7th DAY OF February , 197 7, BY ORllER OF THE CITY COWiCIL. Publish: February 16, 1977 February 23, 1977 i�1Al'OR - tVILLI��1 J. NEE 0 iZE50LUTION NU. A RESOLUTIOI3 ORDERING PRELIMiNARY PL1�JS, SPECIFICATIOPiS AND ESTIMATES OF TFIE COSTS THEREOF : SANITARY SEWER, F7ATER Ai'3D STORM SEtriER PROJECT #�ai BE IT RESOLVED, by the Council of the City of Fridley as follows: 1. That it appears in the interest of' the City and of the property owners affected that there be constructed certain improvements, to-wit: Water mains, sanitary sewer, laterals and service connections, and storm sewer and appurtenances. 21 1) Proposed Deleier Addition 3) Lot 31, Auditors Subdivision 4j129 2) Alarxen Terrace 4) Lots 4,5,6,8 F� 9, Auditor's Sub. 4t108 2. That the Public Works Director, Richard Sobiech, is hereby authorized and directed to draw the nreliminary plans and specifications and to tabulate the results of his estimates of the costs of said improve- ments, including every item of cost fram inception to completion and all fees and expenses incurred (or to be incurred? in connection therewith, or the financing thereof, and to make a preliminary re- port of his findings, sta�ing ther_ein whether said improvements are feasible and whether they can best be made as proposed, is in connection with some other improvements (ar.d the estimated cost as reco�ended), including also a description of the lands or areas as may receive benef�.ts therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Engineers shall be furnished to the Council. ADOi'TED BX THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7th DAY OF FEBRUARY , 19%7. ATTEST: CITX CLEF.;: — MRRVIN C. BRUNSELL 0 MAYOR — WILLTAM J . LdEE RESOLUTIOfi 1J0. A RESOLUTION RECEIV7NG TIiF. PREL1�iiNl�RY F.EPC?I'tT i{IJD C�LLIPIG A PUI3LIC HEARIt�'G ON TH� P�L•'1TTL•R OF Tt3E CONSTT:UCTIC.I CF CERTAIi� IhiP�;OV�b9ENTS: SANITARY SEIV�R, i'1ATER AND ST01�1 SEti�'ER PROJECT #121 . WEIEREAS, the construction cf certai.n a..,�provements is deemed to be in the interest of th� City of Fricl].ey and tlie pronerty owners a�fectecl thereby. BE IT RESOLVED, by the Ci�e}� Cour.cii of the City of Fridley, as follo��s: 1. That the prelinunary report su.bm-itted by the City Lngineer and the Consulting Engineers zs hereby�receiv�d and accepted. 2. That the �ity Cler�: shall act to asecrtai:� the narne ar�cl aduress of thc; owner of each parcel of lar.d directl�� aftected or k=ithin *he area o* lands as rr,ay be proposed to be assesse3 �or saicl imYr�vements, and • calculate estimates o:� ass�;ssments as may be proposed r;,iative thereto against each of said lands. � � 3. Tliat the area proposed to be assessed for said improvener.ts an3 eacli of r,.� them as noted in said n�ticP are all the lar.ds and areas �as noted in said notice: All of tnv same to be assessed proportionately accordir.g to the benefits receivea. 4. That the estimates of assessr,;erts of tl�i� Cl�rk shall be available for . inspection to the otvner of an� �a�ce.l .of land as muy b� affected � � � thereby at any pub?.ic hearing �eld relative thereto; as well as at any prior time reasonat�le and co��;;enient. ' � � � � ' S. lfiat �the City Clerl: is a�tl�ior�zed and directed to gi�e n�tice of such public hearing by publishing a notice *hereof in the oific;�l news- paper of the City <�E Fridley and by mai?ed notices to all the prcpez-:;• owners whose property is .liablc to be assessed �ait�i the making of these im�rovements according to la�o, suc�7 not.i�e to be substantiall;• i�i form and suustance of the notic� attach�d hereto as Exhibit "H". 6. That this COUI'aCll will meet on the 28th day of February , 1977 at 7: 30 0' clock P.hl. at �lie Ci. �y Hw:l iti t:7e CiLy of Fri�ley for. tr.� purpose of ho�ding a p•�b.ic heari, g on t�� in:prot�ement noted in the notice attached r��rEio u�:d mad� a par:: therec:f by referAnce, E,:.'�i�i� ��A��, ADJPTED BY THE CITY COUiVCIL OF Ti?�: i;ITY 0.= �i:IDL�Y TI�IS 7tli DAY OI� February , 197 . ATTEST: i�J1Y0►: - ,tiVILLIAI�; J. iJ�E � [` ' • CI'1'Y CLL•I:K - ,N�1f:VIN C. URJhSEii.L �t ' . 22 � OF�TCIAL PUBLICA'1'�ON CTTY OF FRIDL�Y (EXII I BIT A) NOTICE OF II�ARING ON I1�tPROVF.�tENTS SANITARY SEitiER, tYATER AND STOI2I�9 SEIVER PROJF.CT #121 � WIiEREAS, the City Council of the City of Fridley, Anoka County, Atinnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOIV, TFiEREFORE, NOTICE IS IiEREBY GIV�N TfiAT on the 2gth day of February , 1977 at 7:30 o'clock P.b1. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole ox in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTIO:J ITEM �tiatermains, sanitary sewer, laterals and service connections, and , storm se�•ler and appurtenances. 1) Proposed Deleier Addition 2) Marxen Terrace , 3) Lot 31, Auditor's Subdivision #129 4) Lots 4, 5, 6, 8 F� 9, Auditor's Subdivision #108 � � , • . �� , �1 ' ' ESTIMATED COST . . . . . . . . . . . . . . . . . . . . . . . . . $ 31, 323. 44 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IMPROVEi�iENTS IS AS FOLLO{VS: For Construction Item above ----------------------------------------- All of the land abutting upon said streets named above and all lands witllin, adj acent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. 22 � T'�at should the Council proceed with said improvements they will cor.sider each separate improvements, except as hereaftcr. other�ti�ise provided by the Council all under the follotiaing authority, to-��it: �finnesota Statutes 19b1, Chapter 429 and latias amendatory thereof, and in conformity with the City Charter. DATED Tf�IS �tjl pAY OF February , 1977 , BY ORDER OF THE CIT1' COUNCIL. Publish: rebruary 1G, 1977 February 23, 1977 DIAYOR - WILLI�1 J. NL•E LICENSES TO BE APPROVED BY THE CITY COUNCIL AT THEZR REGULAR MEETING ON FE�RUARY 7, 1977 GI�S S�RVICES AFPROVED BY Economy Gas Installers 3623 Lyndal.e Avenue South William Sandin Minneapolis, Mn. 55409 By: Edward Toahey Plbg. Htg. Insp. The Snelling Company 1400 Concordia William Sandin St. Paul, Mn. 55104 By: Willard Krinkie Plbg. Htg. Insp. GENERAL CONTRACTOR Country Builders 14750 South Robert Trail Darrel Clark Rosemount, Mn. 55068 By: Nlike Eland Coznmunity Dev. Adm. DaVerne Corp. 1393-16th Avenue N.W. Darrel Clark New Brighton, Mn. 55112 By: David E. Ficek Community Dev. Adm. Clifford Sampson Co. 4907 Excelsior Boulevard Darrel Clark St. Louis Park, Mn. 55416 By: Cliff Sampson Community Dev. Adm. ' �� HEATING The Snelling Company 1400 Concordia William Sandin St. Paul, Mn. 55104 By: Willard Krinkie Plbg. Htg. Insp. 23 23 A LTCFNSES 'I'0 BE APPROVL•D BY TiIG CI'I'Y COUNCIL AT TH�IR Ri:GULAR h1EE'fING ON FIiBRUARY 7, 1977. TYPE OF LTCENSE: BY: CIGARETTE Perkins Cake �, Steak Inc. Ed Suttle 7520 University Ave. N.E. Vice President Fridley, Ain. 55432 FOOU ESTABLISI-A4ENT Per!cins Cake $ Steak Inc. Ed Suttle 7520 University Ave. N.E. Vice President Fridle;•, b9n. 55432 VENDII�G r1ACHIh'E APPROVED BY: James F. Hill, Public Safety Director Steve Olson, Health Inspector Unity Hospital Coca-Cola Bottling Steve Olson, 550 Osborne Road Mary Gnetz Health Insr�ector Fridley, Ain. 55432 FEE: $25.00 $ 4.16 Prorated $15.00 23 B MULtIPLE D4IELLIP�G LICEPISES TO BE APPROVED: Period September 1, 1976 to September 1, 1977 0�l�J�ER AD�RESS UNITS FEE APPROVED BY: Towne Properties 1441 - 73rd Ave. I�IE 18 $19.20 R. D. Aldric 5600 Matterhorn Dr. ��E Fire Prev. Fridley, MN 55432 �