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09/26/1977 - 5624PETER FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING SEPTEMBER 26, 1977 s t � . �JZ I , i TNE MINUTES Of THE REGULAR MEETING OF THE FRIDLEY CITY CWNCIL OF SEPTQIBER 26, 1977 The Regular Meeting of the Fridley City Councit of September 26, 1977 was called to order at 7:35 p.m. by Mayor Nee. . PLEDGE OF ItLLEGIANtE: Nayor Nee led the Council and audience in the Pledge of A7legiance to the Flag. ROLL CALL• MEMBERS PRESENT: Councilwanan Kukowski> Councilman Schneider, Mayor Nee, Councitman Hamernik, and Councilman Fitzpatrick F�MBERS ABSENT: None . APPROVAL OF MINUTES: REGULAR MEETING. SEPTEMBER 12, 19J7: MOTION by Cauncilman Hamernik to approve the minutes as presented. Seconded by Councitman Schneider. Upon a voice vote, atl voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested two items be added: (1) Receiving Resignation from Jim Langenfeld and (2) Receiving Letter of Protest from Mr. Ellis. MOTIOII by Councilwoman Kukowski�to adopt the agenda as amended. Secanded by � Councilman Schneider. Upon a voice vate> all voting aye, Mayor Nee declared the ontion carried unanirtausly. OPEN FORUM, VISITORS: There was no response from the audience under this item. NEW BUSINE55: AN Mr. Qureshi, City Manager, stated adjusUnents were made in the budget, as suggested by Council, and the mill levy was increased by 1.7 mills from what was originally proposed. Mayor Nee stated the City.levy for property, under a value of $80,000, will actually result in a decrease in taxes for next year; mainly, as the result of an act� by the State Legislature which changed the levy farmula and the City's des9re to hold taxes down. . � � I�TION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukawski. Councflman Schneider stated he wauld like to recamiend that E2,400 be added to the Parks I afM Retreation, Capital Outlay, Account 4520 for playground equipment at Harris Cake Partc or Rice Creek School. He pointed out both the Open Space Plan and the Nei9hborhood �� ProjeCt�Re(mrt indicates recreational facilities are nat adequate for the neighborhood. He indicated he would like ta see an effort made to provide some playground equipment ior the area. Cuu�ilman Schneider suggested that other expenditures for Capi G7 Outlay 6e reduced fn`the Parks and Recreation budget to cover the $2,400. . . � �, Mr. Qureshi, City Manager, suggested if the Council wishes to approve this recommendation, �� that the�CapiWl Outlay in the Parks and Recreation budget not be reduced, but to Wke � thls amount of $2,400 from another area in the Parks and Recreation budget, possibly frOm "Ottier SupPlies.° Mr. Qureshi felt all the items provided under Capital Outlay have been carefuily reviewed and #eels the $2>400 shouldn't 6e taken from this account. 194 RE6ULAR MEETING Of SEPTEMBER 26, 1977 PNfE 3 Mr. Sobiech stated there is a subSWntial amount of traffic in the area, but feels the improvemen! of 53rd, together with this proposal for the service drive, vrould � improve the traffic flow. Mr. Sobiech stated, in conjunctian with this request for a special use peemit, there is also a request far front and rear yard variances. The variance is requested from the rear yard setback of 25 feet to 15 feet and a variance from the front yard setback of 35 feet to 26� feet. The Appeals Camnissian,:at their meetings on August 23 and September 20, 1977, recommended approval of these variances. �TION.by Councilman Schneider to concur with the recortmendation of the Planning Comdission and grant Special Use Permit SP A77-71 and to concur with the recomnend- ation of the Appeals Comnission and grant the rear yard variance of 15 feet and the front yard variance�of 26� feet. Seconded by Councilvroman Kukowski. � Council�man Schneider questioned Mr. Albergotti, Jr. of Dayton-Hudson Properties if they had any definite plans for the use of the other parcel of property in this addition. Mr. Alber9otti stated they have nothing definite at this time; however, he fett this might be a good lacation for a municipal liquor store. - Mr. Quresht, City Manager, stated fran past experiences the City has had with car rwsh operations, he felt the motion should include the operation be manned from 6:30 a.m. to il p.m. during the hours of operatian. He further ativised the Council slauld include that a high standard of maintenance be maintained and landscaping be completed. Xr.�Branrron�stated he agrees with the City Manager's comments and felt it was also in theSr best interests to provide proper maintenance and landscaping for the car wash Councilman Hamernik felt the hours of operation shouldn't be included, but should �efer to the operation being manned during the haurs it is open. MOTION by Councilman Schneider to amend the motion by addirg that the operation be manned during tbe hours that it is open or available for use. Seconded by Councit- vroman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A YOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, ard Mayor Nee declared the motion carried unanimously. HEIGHTS BUILDERS INC., LOT SPLIT N77-10, LOTS 1-4 LOTS 5-6 BLOCK A RIVERYIEW HEI6HT5: Mr. Sobixh, Public Works �irector, stated this request is to sptit off the easterly 30 feet of Lots 1-4, Block A, Riverview Heights Addition and add them to Lots 5 and 6, Block A, Riverview Heights Addition in order to make two building sites. Mr. Sobiech Stated the lots are located on Hugo Street to the east of of East River Road. The Plannirg Commission heard this request and recommended approval. Mr. Sobiech stated the results of this lot split vrould be two lots betow 9,000 square fee� however> he indicated the plat was signed quite a number of years ago and the lats do meet Lhe minimun standard width requirement. I�TION by Councilman Fitzpatrick to concur with the recommendation of the Plannfng Commission and grant Lot Split �77-10. Seconded by Councilwanan Kukawski. Upon a I voice vote, all voting aye, Mayor Nee declared the motion.carried unanimously. �� ,� � (�BERT SCHROER, LOT SPLIT k77-71,� LOT 6, BLOCK 2, EAST RANCH ESTATES 2ND ADDITION: M�. Sobiech,-Public Warks Director, sWted Mr. Schroer is requestirg the southeriy 157�, feet of Lot 6, Btock 2, East Ranch Estates 2nd Addition be split in order W make two buitdi�g sites. � 196 REGULAR MEETING OF SEPTEMBER 2fi> 1977 PAGE 5 Mayor Nee did not think the City could require f,eneral Television to giVe the City 5% of the revenues from Cinema III service because of the franchise and their investment being based an this. Mr. Hedin statgd> in 7973, the definition of "gross subscriber receipts" was changed. He stated it can 6e argued the only reason why this was changed was because of Federal � pressure. Mr. Hedin pointed out the pay cable has been extended through Lity streets ard thoroughfares and the City is not getting any revenue or compensation whatsoever � far use of these streets. He stated no one envisioned in 1972 that the systan was going to go off on a policy of its own. �� Mr. Scott stated he didn't feel the City wauld be giving up anything.6y cutting their access channels to meet the F.C.C. regulations. � MOTION by Councilman Fitzpatrick to set a public hearing regarding�these proposed ordinance amendments. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. Mdyor Nee requested an opinion 6e obtained from the City Attorney regarding these amendments. NG CHAPTER 214 ENTITLED SIf,NS, AND Mr. Sobiech, Public Works Director, stated this item is before the Council for review .. and comment. If the Council desires, a first reading could be given on the ordinance. Ne stated the Chamber of Comnerce has been asked to cortanent on this proposed ordinance �. and they are awaiting a reply. �� Councilman Schneider stated he was concerned in that there seems to be a lack of setback requirenents particularly between zoning districts, and on corners, no distance � is specified between two signs. He felt maintenance was one of the key factors .. considered by the Sign Committee and the ordinance, as proposed, addresses maintenance � very poorly. He felt the reference to the filing date for "Political Signs" was not �� applicable. ', Councilman Hamernik stated a number of the comnents made by the City Attorney haven't . I been inco�porated into the ordinance. Regarding "Projecting Signs," he stated there .'�, has been a drastic change and questioned the reasons for this and also why they would I� be prohibited. ', Mr. Qureshi, City Manager, explained most of this material has come from the Project Comnittee and the staff has been reluctant to make any changes or modifications as they felt it should be submitted to Council as presented by the Comnittee. Councilman Namernik indicated he is trying to *relate what •prohibitirig "Projecting" and "Advertising Signs" means to all areas. He felt Section 214.031 - J and Section 214-045 - B were in conflict. He felt the only way you could put up a free standing sSgnwas if you hada *franchise business. _ . Caunciiman Schneider stated he believes the intent was to prohibit the kinds of signs that advertise a goods or service, butnot prohibit an "Identification Sign." � Councilman Hamernik stated he doesn't go along with prohibiting advertising signs in all areas. He felt the present ordinance gives sufficient control and doesn't see aqy reason to further restrict it. � Mr. Sobiech, Public Works Director, stated the staff would sun¢narize the proposals from the Sign Comnittee which he felt would be helpful to the Council. Umler Section 214.032 - H, Councilman Hamernik felt "Temporary Signs" and "Construc- tion Signs" had almost identical wordage and could be combined. He felt under Section 214.032 - H, 2c, the size for the "Vacancy Signs" was very minimum. Councilman Hame�nik felt the bD day requirement under Section 214.Q48 and 5ection *amended 10/24/77 e REGULAR MEETING OF SEPTEMBER 26, 1977 PA6E 7 tbey should be considered. He felt the Council has a recomnendation from the Sign ?rnject Lomnittee which involved a long process arid oyght to be recognized and given rery serious consideration. . . 1qDTI0N by Councilman Schneider to table this itan until comnents are received from the Chamber of Comnerce. Seconded by Councilman Fitzpatrick Cuuncilman Schneider asked administration to supply Council with the final recortmend- ation from the Sign Project Comnittee. Mr. Sobiech stated the staff would also check into the alternatives as mentioned by Ms. Gabel, and submit this material to Councit. Mr. Sobiech requested direction from Council regarding the moratorium on signs as he has correspondence from Naegle in this re- gard. }1s. Jorgenson of Naegle Outdoor Advertising indicated they would 6e willing, at this time, to wait on their request. UPON A VOICE UOTE TAKEN ON TNE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECESS: ecess called by Mayor Nee at 10:05 P.M. RECONVENE0.: . e Counci reconvened at 10:18 P.M. All Council menbers�were present. T#�is request is for one foot�encroachment into a six foot utility and drainage easement on the easterly property line of Lot 8, Block 1 of Rottlund Oaks. Mr. Sobiech, Public Works Director, stated the City has a substitute easanent to in- sure proper drainage and correspondence from all utility companies affected have in- dicated no objections. . MDTION.by Councilman Pitzpatrick to grant the encroachment of the drainage�easement on Lot 8, B1ock,�Rottlund Oaks. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION RE6ARDING PAYMENTS FOR HAYES RIVER LOTS - FOUNDATION FOR THE ISLANDS OF PEACE�: MIDTION by Councilman Hamernik for the City to provide funds of $1,180 for the interest payment on the Hayes lots and if this obligation is not met in 60 d�ys by the Islands of Peace Foundation, it is to be 6rought back on the Council's agenda. Seconded 6y Cpuncil- a�mm� Kukowski. Upon a voice vote, alt voting aye. Mayor Nee declared the motion carried urianimously. LDNSIDERATION OF APPROVING PRELIMINARY PLANS FOR THE RECEPTION CENTER--ISLANDS OF PEACE: Mr. Foster*Dunwiddie architect> appeared before the Council to�review the�proposed qreliminary plans for the reception center. He explained the plans and outlined how . ttie space in the building would be utilized. The size of the building is 38 x 60 feet. Mr. foster stated the plans were developed in accordance with the request fran the State Ptanning Agency. Mr. Qureshi, City Manager, stated there were two concernr. (1) ra place for coats and boots; and (2) whether it would be feasible to have a divider in the multipurpose area. Mr"Dumviddie stated these items could be worked out with the staff and incorporated into the plans. Councilwoman Kukowski questioned 9f all doors couYd be opened by persons in a wheelchair . � .and if all door openings were wide enou9h toaccomnodate�wheelchai.rs. Mr. Foster answered � both�of these questions in the affirmative. . � �� Mr. Foster stated approval is requested of the preliminary plans so they can be submitted ta the State Planning Agency for review by the Comniss9oner of the Department of Natural . Resources. � . *anended 10/24/77 __ _.__ . ___ _ _ _ _._. , _ zoo � / J P.E6lILkR C(711NC7.L MEE7ING OF SEPTQM1BER 26, 1977 PAGE 9 DI56USS.IaPF REGAR6ING RIVER CROSSING CRITERIA INFOF3IATION TO THE METROPOLITAN COUNCIL: l�FLmll.hy�Cmuneilman Schneider to send the draft letter dated Septenber 22, 1977 to � , Nr. RaT:1i��R,Craw.ford, Lhairnian of the Transpartation Adv9sory Board for the Major Rivers '� Crassfing Lask Force and authorize the Mayor to sign same. Seconded by Louncilwanan K�kawski. WaracfT¢ian Hamernik felt the�letter should be expanded to include the�improvenent of .�,� the L-fi94�bridge. He stated he did not want to eliminate this priority, but also �', d'sQ sm�t want ta drenpAasize the Northtown Corridor. He felt because I-694 is on the � iist mf ma,iar ri�rer crossings to be considered in establishing priorities, some mention � sbmsbd 6e given to this item in the letter. 6fr. Scbi�-h, Puhlic 4lorks Director, stated a paragraph could be included in the letter tn the effect that the existing facility in the area (I-694 bridge crossing) is deder ¢apacTty and e�courage that the present schedule be maintained for improvgnent of Lkis hridge. Crtuacil:man Hamerni.k felt soaiething to this effect stroutd atso be inctuded in the � intraductian af the letter. Mr. Sob9ech stated this addition would be included in the ietter ta. Nlr. Gra�efard. UPCt�I A.YQTCE YOTE TAICEN ON 7HE MOTION, all voted aye, and Mayor Nee dectared the motion carried urran.i�usly. . REEEL1lING 3TATU5 REPORT ON THE NOLD PLACED ON�LOTS IN INNSBRUCK NORTH SECOND ADDITION � � ZFI � .T TU L ESOURCES: . tAr. Sa&fedr, PutiTic Wurks Director, stated the City Attorney felt it is up to the pr¢perty t�er ta� o6tain all necessary permits from all regulatory agencies before begimrnfng c¢rrstru¢tion. He�felt it was not the duty of the�Gity to enforce the stsodsrds ¢E �ather agency. MpFIpR by Lauacftman Schneider to direct the administration to comnunicate with t^c 6epartiment uf @atura7 Resources indicating that the City will be issuing building� p�mits art tire T1 lats in questionwithin lOdays, if no response is received to the ea�4rar.�r fr.�rt GMe Department of Natural Resources. Seconded by Councilwonan Kukowski�. t�ort a rafee vate> ail voting aye, Mayor Nee declared the motion carried unanimously. Couaei�i,mam Ffem�nk stated several persons have indicated to him an in4erest in improve- eeRt ¢M f�h Avenue fram Central to Rice Creek School. He suggested this street be iuclmd�t in; U+e rresaZution. NfT&011!b hy� Gaunei�lwanan Kukowski to adopt Resolution No. 107-1977�with the addition of 66th Avenue fram Eentral to Rice Creek School. Seconded by Councilman Hamernik. Upoe�r� aaTC� rcr.te, atl wtirg aye, Mayor Nee declared the motion carried unanimously. ClAIIMS- NQtH01{ hy Cmwt¢%l�ruaen Kukowski ta autharize payment of tlaims No. 257A09 through 2638�4. S�artd� by Councilman Schneider. Upon a vo9ce vote,�all voting aye, Mayor � Nee deci�ar� C#r� antion carried unanimously. � 7Ei M6TIQN by Cawrci�l��man Schneider to approve the licenses as submitted and as on file in the License Clerk`s Office. Secanded by Councilman Hamernik. Upon a voice vate, all ratinq aye, Mayar Nee declared the motian carried unanimously. � ____._ __ „ , : 2U2 i REGULAR MEETIN6 OF SEPTEMBER 26, 1977 i i PAGf 11 Mr. Qureshi, City Manager, felt the City Attorney shouid cantact them in this matter to determi�e what steps they have taken regarding the canplaints from the residents. IADJOURI�tENT: � I+�TION by Councilwoman Kukowski to adjourn the meeting. Seconded by 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 September 26, 19I7 ' adjourned at 12:08 a.m. Respedfully submitted, Carole Haddad Secretary ta the City Council Approved William J. Nee Mayor ^ � 0 ,� �,(I�,�� FRIDLEY CITY COUNCI L !\.� � �L RE�ULAR �•�EETING - SEPTEMBER 26, 1977 — 7:30 P,M� PLEDGE OF ALLEGIAfdCE: ROLL CALL: All Present ` APPROVAL OF MIP�UTES: REGULAR PIEETING, SEPTEMBER IZ, 1977 Approved ADOPTIO^! OF AGE"dDA: Added: Receiving letter of resignation from James Langenfeld Receiving letter of protest from Mrs B. C. Ellis against side-yard assessment OPE"J FORU��f, VISITORS: �CONSIDERATIQN OF ITEMS NOT ON AGENDA - 15 P�1NUTES) No Response r�E�a BuslriESS: EONSIDERATION OF FIRST READIN6 OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1978� � � � � � � � , � � � 1 Adopted on `irst reading ACTION NEEDED: Put budget ordinance on next agenda for second reading � I 3JEW BUSI(JESS (CO�JTINUED) CONSIDERATION OF PLANNIN6 COMMISSION MEETING P�1NUTES OF SEPTEMBER 1�4, I9%� � � � , � � � � � � � � � � � � , , , 2 - 2 KK 1. Ron Neilson, Lot Split #77-08, 115 71z Way N.E. ..... 26 ' Z� Planning Comm. Recommendation: Approve & 2V-2W Council Action Required: Consideration of recommendation Lot Split approved ACTION NEEDED: Inform applicant of Council approval � 2. Rodney Brannon, Special Use Permit SP #77-11, Car 2C - 2G Wash, 775 53rd Avenue N.E. . . . . . . . . . . . . . . Planning Coiron. Recommendation: Approve & 2X Council Action Re uired: Consideration of recortunendation with variance requests in Appeals Comm. Minutes of August 23 and September 20) SUP approved with stipulation that operation is manned during the hours it is open ACTION NEEDED: Inform applicant of Council approval with stipulation 3. Heights Builders, Inc., Lot Split #77-10, Lots 1-4, 2� - 2K Lots 5-6, B1ock A, Riverview Hts. . . . . . . . . . . . Planninq Comm. Recommendation: Approve & 2Y-2Z Council Action Required: Consideration of recommendation �Cot Split approved ACTION NEEDED: Inform applicant of Council approval 4. Robert Schroer, Lot Split #77-11, Lot 6, Block 2, East Ranch Estates 2nd Addn. . .. ... 2K - 2L Planninq Comm. Recommendation: Approve with stipulation & 2 AA Council Action Required: Consideration of reco�renendation Lot Split approved with stipulation ACTION NEEDED; Inform applicant of Council approval with stipulation PA6E 4 � tdEW BUSIPIESS (COrJTINUED) CONSIDERATION OF ORDINANCE AMENDMENT RECOMMENDATION BY THE CATV COMMISSION. � . � � , . � � � , � � � , , , , , 5 - 5 Z Public Hearing was set ACTION NEEDED: Make arrangements for public hearing � CONSIDERATION OF ORDINANCE ADOPTING CHAPTER Z14 ENTITLED SIGNS, AND REPEALING PRIOR CHAPTER Z1�4 ENTITLED SIGNS AND BILLBOARDS �SEE PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 14, PacES 2M - 2T) , , , , , , , , , , , , , , , , , , , , , , 6 - 6 N Tabled for comments from Chamber of Commerce ACTION NEEDE�: Request cormnents from Chamber of Commerce and forward to Council CONSIDERATION OF A REQUEST FOR A?PROVAL OF AN EASEMENT ENCROACHMENT FOR LOT H, BLOCK l, ROTTLUND OAKS� BY ROTTLUND CO „ INC „ 340 E�v STREET P'��E. .�� — � � � Approved dEERIN ACTION NEEDED: Inform applicant of Council approval of encroachment .. s I f�EW BUSINESS (CONTINUED) DISCUSSION REGARDIN6 PAYMENTS FOR HAYES RIVER LOTS ° FOUNDATION FOR THE ISLANDS OF PEACE AND CONSIDERATION OF APPROVING PRELIMINARY PLANS FOR THE SHELTER BUILDING AND � DISCUSSING FOUNDATION FOR THE ISLANDS OF PEACE-- ANOKA COUNTY ASSISTANCE� � . � � � , , � , � , � , � � � � g � g B Council approved payment of $1180. If the Islands of Peace does not repay the City in 60 days, this matter should come back to the Council ACTI�N NEEDED: Put item back on agenda for further consideration if City is not repaid in 60 days Reception center was approved. Work Program submitted by James Langenfeld was tabled to the meeting of October 3, 1977. ACTION NEEDED: Put work program on agenda of 10l3/77 for consideration. Write letter to County expressing Council's appreciation for their involvement in the Islands of Peace project. DISCUSSION REGARDING RIVER CROSSIN6 CRITERIA INFORMA— TION TO THE METROPOLITAN COUNCIL . . � , , , , , , , , , , 9 - 9 F Approved letter to be sent with addition by Councilman Hamernik regarding I.694 ACTION NEEDED: Change letter as amended and forward to Metropolitan Council RECEIVING STATUS REPORT ON THE HOLD PLACEIl ON LOTS IN INNSBRUCK NORTH SECOND ADDITION BY THE DP�R. �.�,.,� 1`� — lO A Administration to send letter to DNR indicating building permits will be issued on lots in question within 10 days. ACTION NEEDED: Forward letter to DNR as directed r : 9 • � NE�I BUSIPJESS (CONTIPIUED) CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND rEiTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1978-1, 1978-2 (P1SA> AND ST, 1978-4 (CSt�H). , , , , , , , , , , , 11 - 11 A Resolution No. 107-1977 adopted with addition of 66th from Central to Rice ACTION NEEDED: Proceed as authorized Creek School � �LAIMS� � � . � � . . � . � � � � � � � , � � � � � � � � 1.2 Approved ACTION NEEDED: Pay claims LICENSES, , , , , , , , , , , , , , , , , , , , , , , , , 13 - 13 C Approved E ACTION NEEDED: Issue licenses ESTIMATES. � . � � � � � � � � � � � , � � � � � � � � � ,14 - 14 H Approved ACTION NEEDED; Pay estimates LETTER OF RESIGNATION FROM JAMES LANGENfELD DATED 9/12/77 RESIGNING AS PRESIDENT OF THE FOUNDATIONfDR THE ISLANDS OF PEACE, INC. Letter received LETTER OF PROTEST FROM MRS. B.C. ELLIS DATED 9/21/77 AGAINST SIDE-1'ARD ASSESSMENT Letter received ADJOURN: �2;0$ A,E�� FRIDLEY CITY COUNCIL MEETING PlEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN 0 ADDRESS 6aa � .,, DATE: �p � ,� �U�I�sc-.� � �/Ae�ele /700 CeJ ITEM NUMBER s, � �� FRIDLEY CITY REGULAR �•�EETING - SFPTFMUFR �F PLEDGE OF ALLEGI!�fJCE; ROLL CALL: APPROVAL OF MIS�UTES: REGUl.AR P�EETING, SEPTEMBER IZ, 1977 ADOPTION OF AGE"JDA: OPE"d FORU��, VISITORS: COUNCIL 1q77 _ �.zn D M . ._„ , �� CONSIDERATION OF ITEMS NOT ON AGENDA - IS MINUTES) FJE�a BUSIfJESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1978. ,,,,,,,�� 1 PJEW BUSISJESS (COrJTINUED) CONSIDERATION OF PLANNING COMMISSION MEETING P�1NUTES OF $EPTEMBER 14, 1917 � . � � � � � � � � � � � � � � � � � 1. Ron Neilson, Lot Split #77-08, 115 71Z Way N.E. ..... 2g - 2� Planning Comm. Recommendation: Approve & 2U-2W Council Action Required: Consideration of recommendation 2. Rodney Brannon, Special Use Permit SP #77-11, Car pC - 2G Wash, 775 53rd Avenue N.E. . . . • • • • • • • • ' ' ' & 2X Planning Comn. Recommendation: Approve Council Action Re uired: Consideration of recommendation with variance requests in Appeals Comm. Minutes of August 23 and September 20) 3. Heights Builders, Inc., Lot Split #77-10, Lots 5-6, B1ock A, Riverview Hts. .... Planning Comm. Recommendation: Approve Lots 1-4, Council Action Required: Consideration of recommendation 2J - 2K & 2Y-2Z 4. Robert Schroer, Lot Split #77-11, Lot 6, Block 2, East Ranch Estates 2nd Addn. . . . . . . . . 2K - 2L Planning Comm. Recomnendation: Approve with stipulation � 2� Council Action Required: Consideration of recommendation 2-2KK 1 NEW BUSIPdESS (CONTI�JUED) (Planning Commission Minutes Continued) 5. Appea7s Commission Meeting of August 26, 1977 Rodney Brannon, 775 53rd Avenue N.E. Car Wash. .. .. 2Bg - 2GG Appeals Comm. Recommendation: Approve rear yard variance from 25` to 15' Council Action Required: Consideration of recommendation � 6. Appeals Commission Meeting of September 20, 1977 2HH - 2KK Rodney Brannon, 775 53rd Avenue N.E., Car Wash. ..... Appeals Comm. Recomnendation: Approve front yard variance from 35' to 26.5' Council Action Required: Consideration of recommendation PAGE 3 RECEIVING THE CABLE TELEVISION COMMISSION MEETING P'II NUTES oF Au�usr 31, 1977, , , , , , , , , , , , , , , , 3 — 3 D RECEIVING THE CABLE TELEVISION CUMMISSION SPECIAL �'�EETING hiINUTES OF $EPTEMBER 1�1, 1977� � , , , , , , , , , 4 — 4 B ING,.$EPTEMBER 26, 1977 fJEW BUSIPJESS (CONTINUED) PAGE � CONSIDERATION OF ORDINANCE AMENDMENT RECOMMENDATION BY THE CATV COMMISSION� � � � � , , , , , , , , , , , , , , 5 - 5 Z CONSIDERATION OF ORDINANCE ADOPTING CHAPTER Z14 ENTITLED SIGNS, AND {�EPEALING PRIOR CHAPTER 214 ENTITLED SIGNS AND BILLBOARDS �SEE PLANNIN6 COMMISSION MEETING MINUTES OF SEPTEMBER l�{, PAGES 2M - 2T) , , , , , , , , , , , , , , , , , , , , , , 6 - 6 N CONSIDERATION OF A REQUEST FOR APPROVAL OF AN EASEMENT ENCROACHMENT FOR LOT H, BLOCK 1, ROTTLUND . OAKS, BY•ROTTLUND CO „ INC�, 340 E�v STREET P'��E� ��.,, �- � C tdEW BUSINESS (CONTI(JUED> DISCUSSION REGARDIN6 PAYMENTS FOR HAYES RIVER LOTS-- FOUNDATION FOR THE ISLANDS OF PEACE AND CONSIDERATION OF APPROVING PRELIMINARY PLANS FOR THE SHELTER BUILDING AND DISCUSSING FOUNDATION FOR THE ISLANDS OF PEACE-- ANOKA COUNTY ASSISTANCE� � � , , , , , , , , , , , , , , , $ � g B DISCUSSION REGARDING RIVER CROSSING CRITERIA INFORMA- TION TO THE METROPOLITAN COUNCIL , , , , , , , , , , , , , 9 — 9 F RECEIVING STATUS REPORT ON THE HOLD PLACED ON LOTS IN INNSBRUCK I�ORTH SECOND ADDITION BY THE DPdR, ,,,,;��].O - IO A vtiS F� � �� ^. � �"�,�. � k -; -, F° � ,,�' '=i i� fi:. Y � �Y� �f � �• t � �3�� *S ' ft�r ft 4:_` � � r�}% i - �Y-.i�.T '2` � �-�^.�X"ie.�� _ . . . . i . �� . : . < � f�!� � 5= � , �.` � s-.: � r`"�`, �; � � ?ry� � fi�� `��i4+ t�. �.,° �'.� '� - �_ _ ¢ YX rY 1•`"-' , �s.T : . i-. $�� e�, c x'�-" . '�: -: u *y;a: k �; yg Yy q�� .:�.'rr�`*�^, # § . � � � a c; w #s.,,.�. b � �� ;� < " r �'``�, a� aszN , y � , � � � � � 3 � , �'�' � ��'_, '"�� , . .r*.... . _ ,. . . �J,,,. :: v°^.:n�, z"SX�"n i� s. ' �'"�. , >" n .�� Xt �.. ��,e '�dC4t,�, ..�n`-'„�C' F% ,( . 3 � �� ' � �+,w ��,; �� a` r � �� . : , �� s � I i ' 1G7 THE MINUTES OF�THE REGULAR MEETING OF TfiE fRIDLEY CITY COUNCIL OF SEPTEMBER 12, 1977 The Regutar Meeting of the Fridley City Council of Septem6er 12, 1977 was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, . � � Councilman Hamernik, and Councitman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARING MEETING. AUGUST 8 7977: MDTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting dye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING, AUGUST 15, 7977: � Counci�lman Hamernik requested the word "allocation" be corrected to "allegation" on page 7, paragraph 3, Tine 3.- � �- �- MOTION by Councilwoman Kukowski to approve the minutes as amended. Seconded by Councilman Hamernik. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. � . ADOPTION OF AGENDA: Mayor Nee requested the following items be added to the agenda, (1) Paratransit Demonstration Proposals; (2) Letter from the Metropolitao Council Concerning CriEeria for Evaluation of River Crossings and Bridges; and (3) Consideration of Question of Tax Levies. The staff requested the Council consider a resolution to authorize the administration to apply for funds for Planning Assistance Grant. MOTION by Councilman Hamernik to adopt the agenda as amended. S�conded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, YISITORS: - INTERSECTION - UNIVERSITY AVENUE AND MISSISSIPPI STREET: � Mr. Tom M1qyhra, 6360 Able Street N.E., appeared before the Council regarding the intersection at University and Mississippi. He pointed out the hazards of this intersection whereby persons making a left-hand turn are caught in the middle of the intersection 6ecause of the method of signalization. He felt something had to be dane to alleviate the problem and the hazards. Mayor Nee thanked Mr. Myhra for his camnents and explained the City has 6een attempting • to abtain improvements at this intersection; however, it has been difficult as it involves�County and State jurisdiction. He stated some improvmnents are scheduled for next year. i � I i I j i�y REGULAR MEETING OF SEPTEMBER 72, 1977 PAGE 3 Mr. Harris felt they might ask Representative Simoneau or Senator Schaaf about this since they were present. � � Representative Simoneau stated the specific question is whose responsibility it is . fnr rertwving the trees, He questioned if there were any other areas where there may be e similar problem. Mayor Nee pointed out to Representative Simoneau another possible area would be Breckenridge Island. . � Ma�yor Nee stated staff wilt continue its investigation into this matter and submit a report. OLD BllSINESS: ORDINANCE N0. 662 - AMENDING SECTION 402 OF THE FRIDLEY CITY CODE CONCERNING METER READING AND PAYMENT FOR SERVICES � � MOTION by Councilman Fitzpatrick ta waive the second reading of Ordinance No. 662 ar.d adopt it on the second reading and publish. Seconded 6y Councilman Hamernik. Councilman Hamernik felt, if the staff's recomnendations were to be taken into consideration, he would move the following amendment. MOTION by Councitman Hamernik to amend paragraph 2, line 2 by changing the wording to within 7 days of the due date, instead of 10 days. Seconded by Councilwanan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared�the�motion carried unanimously. UPDN A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mdyor Nee declared the motion carried unanimously. RECEIVING INFORMATION�FROM LOCKE LAKE HOME6JNER5 ASSOCIATION PERTAINING T� LOCKE � LAKE IMPROVEMENT TABLED 8-15-77 : Ms. Bakke, President of the Locke Lake Association, presenteG a report to the Council covering the Association's thoughts on improvement of Locke Lake. She felt the responsibility for maintaining Locke Lake has not been clearty defined and should be clarified. Ms. Bakke reviewed the reasons for rejecting the�City's ptan for improvement of Locke Lake.. Some of these reasons included the methods of removing the silt, the amount of area involved, the reduction in the size of Locke Lake, and the inequitable distribution of the costs of the improvement. Ms. Bakke then reviewed the proposals by the Locke Lake Association for restoration of the lake, �These proposats outlined the Association's recamnendations for the Lake as far as removal of the�silt and creation of an internal sediment reservoir. Also suggested was an equitable distribution of the costs and increasing the weight of the City's benefit. Mayor Nee pointed out to Ms. Bakke that this was not a City proposal and was information presented by the Rice Creek Watershed District. Councilman Fitzpatrick stated the Council heard the proposal presented by the Watershed Di.strict at the sarne time as the residents. Ms. Bakke stated she realizes it was proposed by the Watershed District, but that they have to go through�the City. � - Mr. Qureshi, City Manager, stated it was not necessary to�proceed through the City and that the City is working with the Watershed District only in attempting to bring comments back to them. Councilmart Fitzpatrick stated the Watershed District is a governmenta7 unit with its own powers so the Association can work with them directty. Ms. Bakke questioned Representative Simoneau if there would be any hope of receiving funding from the State or Federal government for this improvement. _ _ _ __ REGULAR MEETING OF SEPTEMBER 12, 1977 i��i I i PA6E 5 i all w�constructi n5of5aa7tElevenEStoreeat 7899aEast RivereRoadts Herezplainedsthe item was tabled on April 18, 1977 in order to aliow the developer�time to meet � with the County regarding possible signalization at the intersection of the proposed 7-Eleven Store. Mr. Colbert stated the City received a request from the petitioner, Mr. Ernst, to be ptaced on the Council agenda for this evening. Mr. Ernst appeared before the Council and exptained they have looked into the possibility of rezoning the property in question to C-7 which would alleviate the need for a variance from the public right-of-way; eliminate the.variance for a 20 foot setback; and eliminate the 50 foot setback from a�comnon boundary line, as previously requested. Mr. Ernest explained, with a C-l�zone, only two variances would be required. One being a variance of the side yard setback from 15 feet to 10 feet and the other being a variance of the rear yard setback from 25 feet to 20 feet. He stated they have explored the possibility of o6taining an easement from.the apartment to the South and have a letter from the owner expressing the inabi7ity to grant such an easement. Mr. Colbert explained part of the original stipulations was the establishment of a deceleration lane.to County standards. Mr. Ernst stated they are willing to construct a deceleration lane. Councilman Fitzpatrick felt the real issue is the entrance off East River Road, and didn't feet there was a problem with the variances since they wilt be requesting rezoning to C-1. Mr. Colbert stated, in discussing a temporary median on East River Road, the County felt to place a three�to.four. foot median without any future road development would create more of�a hazard�than. having persons attempting to make an iitegal turn. � TAe staff suggested, as far as the traffic pattern is concerned, the ingress, as it is proposed could be allowed with the idea that the intersection wi11 be improved in the near future or it could be approved with the stipulation that no ingress be allowed until the intersection modification took place. The staff felt, if direction is received from the Council, program scheduling could begin with the project being completed within the next few years. � . Mrs. Vir9inia Carlson, 231 79th Way, stated there was some discussion at the last meeting about using 79th. She indicated she did not want any traffic from this development on 79th. She stated�she was against comnerical development on that corner and felt it would downgrade the value of her property. Mr. Qureshi felt the improve- ments of the intersection would be in two stages; first, the construction of the channelization of theintersection and second, the signalization. Mr. Colbert then presented a drawing showing the proposed improvement of the inter- section. This would aliow a right turn lane into Meadowrun Apartments, but no exit. Councilman Fitzpatrick pointed out this proposal still exits� onto 79th. He felt if there is to be ingress to this property from East River Road, you have to look at a substantial improvement. Mr. Cotbert felt the Council would want the ingress to be more defined and with appropriate signing, he felt it could be handled effective7y. Mr. Ernst stated they are willing to study this approach with the Engineering Department and woutd install the proper signing to indicate that traffic not exit from that particular entrance. Mr. Colbert stated, if ingress was allowed off East River Road, it would fit in � with the modification plan. _.. _ _ _ 17� REGULAR MEETING OP SEPTEMBER 12, 1977 � �� -PA�E 7 DEGARDNER REALTY. LOT SPLIT L.S. p77-09, 1335 AND 1345 52ND AVENUE N E: Mr. Tom Cotbert, Assistant City Engineer�,�stated the Planning Commission reviewed this request for a tot split and has recommended approval. MOTION by Councilman Schneider to approve Lot Split L S. A77-09 far DeGardner Reatty. Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, questioned the potential of any additional assessments on the property and felt this should be checked. UPON A VOICE VOTE TAKEN ON THE MOTION, all"voted aye, and Mayor�Nee declared the motion carried unanimously. � MOTION by Councilman Hamernik to receive the minutes of the Planning Comnission Meeting of August 17, 1977. Seconded by Councilwoman Kukowski. Councilman Schneider questioned the procedure followed regarding the Hyde Park Area at the Appeals Cortmission Meeting on August 9, 1977. Mr. QU�reshi, City Manager, explained because it was an R-1 use of the R-3 property it was determined this did not have to be passed on to Council. Councilman Schneider indicated he did not have any pro6lem with the action taken, but just wanted to make sure it was consistent. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor�Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COMMISSION MEETING OF AUGUST 16, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Potice Commission Meeting of August 16. 1977. Seconded by Counciiman Schneider. Upon a voice vote, �atl voting aye,.May Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE fAhAtIS5I0N MEETINGS OF AUGUST 30, 1977 AND SEPTEMBER 9, 1977: MOTION by Councilman Hamernik to receive the minutes of the Police Comnission Meetings of August 30 and September 9, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE FOOT�EASEMENT ENCROACHMENT AT 7580 � Q'10NDAGA STREET, BY I.AVERN C. EDSON, LOT 2, BLOCK 1, DELEIER ADDITION• . � Mr. Tom Coltiert, Assistant City Engineer, stated a letter was received.from Mr. Edson requesting a one foot encroachment into the easenent. He indicated there would be no major obstruction to any existing or �roposed drainage pattern�and that letters were received from Cable TV, Northern States Power, Minnegasco and Northwestern Bell Telephone indicating no objections to this encroachment. � � MOTION by Councilman Schneider to grant the request for a one foot encroachment on the easement for Lot 2, Block 7, Deleier Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST BY DESIGNWARE INDUSTRIES, INC. TO SUBSTITUTE ASPHPLT ' BIN6 FOR C NLRETE CURBING IN PARKING LOT CONSTRUCTION: � Mr. David Brink of Designware Industries Inc. appeared before the Council regarding a ; request to substitute asphalt curbing for concrete cur6ing in their parking lot construction. Mr. Cal6ert, Assistant City Engineer, stated, at the time the building permit was tssued in November, 1973, it was agreed that the parking tot would be brought up to City standards within one year of completion of the Mississippi Street underpass. Mr. Brink stated in order to provide concrete curbing, it vrould cost an additional E5,000. Ne stated they have an existing asphalt curb which is 16 years old and felt this was a testimonial to the durability of asphalt. He requested favorable action fram the Councit to permit an asphatt curb instead of a concrete curb. i ___ 175 REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 9 MOTION by Councilwanan Kukowski to approve the increase in pension benefits for the Fridley firefighters. Seconded by Councilman Hamernik. Upon a voice vote taken on the motion, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to adopt Resotution No. 93-7977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. h10TI0N by Councilwoman Kukowski to adopt Resotution No. 94-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the �rotion carried unanimously. � RESOLUTION N0. 95-1977 At1THORIZING THE CITY ADMINISTRATION TO APPLY FOR ANY ILABLE CETA MONIES ND GRANTS: tA0TI0N by Councilwoman Kukowski to adopt Resolution No. 95-1977. Seconded 6y Councilman Schneider. Councilman Hamernik stated he wished to reiterate his comnents made a few months ago regarding CETA personnel and to make sure the City utitizes these people to the fullest benefit of the community. He felt the City Manager keeps this in mind when hiring persons for these positions. UPON A VOICE VOTE TAKEN ON TNE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 96-1977 pUTHORIZING THE ADMINISTRATION TO APPLY FOR JO1 PLANNING NT: MOTION by Councilwoman Kukowski to adopt Resoluticn No. 96-1977. Seconded by Councitman Schneider. Upon a voice vote, all voting aye�, Mayor Nee declared the motion carried unanimously. - RESOLUTION�NO. 97-1977 AUTHORIZING ADMINISTRATION TO APPLY fOR FUNDS FOR.PLANNING SISTANCE GRANT: . MOTION by Councilman Fitzpatrick to adopt Resolution No. 97-1977. Seconded by. Councilwoman Kukowski. Mayor Nee stated the amount requested in the resolution was $8,835. UPON A VOICE VOTE ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AUTHORIZATION FOR AOMINISTRATION TO APPLY FOR LAWCON GRANT FOR PARK SHELTERS: � Mr. Qureshi, City Manager, explained these shelters wou7d-be located at Commons, Madsen and Ruth Circle parks. MOTION by Councilwoman Kukowski to authorize administration to apply for LAWCON grant for park shelters. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the rtation carried unanimously. CONSIDERATION OF AUTHORIZATION FOR AOMINISTRATION TO APPLY FOR LAWCON GRANT FOR LAND ACQUISITION FOR PpRKS: � The Council reviewed several proposals by staff for applying for a LAWCON grant for land acquisition for parks. In discussinq this item, the Counci7 agreed neighborhoods 3 and 70 should be pursued for this grant application. _ _ ___ REGULAR MEETING OF SEPTEMBER 72, 7977 PAGE 11 i 177 I NAME POSITION SALARY EFFECTIVE DATE REPLACES . I David Sallman Probationary 945.00 9-13-77 Robert Parquette .- I Police Officer ��. � David Pecchia Probationary 945.00 9-22-77 John Anderson Police Officer I Roger Standal Probationary 945.00 4-14-77 Existing Officer ' ' Police Officer Assigned to Federal STEP Grant IMichael Burke Probatianary 945.00 9-15-77 Existing Officer i Police Officer Assigned to Federal � STEP Grant � Laurel Andersan ReceptionisY/ 682.24 9-13-77 Kathy Fisette ��, Typist ��. Bruce D. 600dman Management 1,177.00 9-19-77 Position in Eng. I Analyst Division � Peter J. Fleming Administrative 1,395.00 9-13-77 Jan Konzak AssSstant to ; the City Manager �, Seconded by Councilman Schneider. Upon a voice vote> ail voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE LETTER FROM RONALD KALINA RE: POLICE CANDIDATE: � �'.. � MDTION by Councilvroman Kukowski to receive the letter from Ronald 5. Kalina, .; .- attorney at law.dated Septgnber 9, 1977. Seconded by Councitman Schneider. Upon , a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ICLAIMS: f MOTION by Councilman Schneider to authorize payment of Claims No. 216G21 I through 250985. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting ,� .� aye, Mayor Nee declared the motion carried unanirtwusly.� . � LICENSES: I� MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file � � in the License Clerk's Office. Seconded Dy Councilman Hamernik. Upon.a.voice vote, all voting aye, Mayar Nee Aeclared the motion carried unanimously. � ESTIMATES: ; iMOTION by Councilwoman Kukowski to approve the estimates as submitted. I Miller, Dunwiddie, Architects, Inc. i 7913 Southtown Center 'I Minneapolis, Minnesota 55431 Consultation, Preparation of Plans and Specifications $ 700.00 Observation of Construction--Islands of Peace Shelter Building, period ending June 30, 1977 Sawer Cleator Lumber Compaqy Box 11246 Minneapolis, Minnesota 55411 . For Lumber for Shelter Building--Islands of Peace ; 2,322.52 Project . _ _ I i � I � L ___ r 17� RE6ULAR MEETING OF SEPTEMBER 12, 1977 PAGE 13 SCH�L BOARD MEETING - SEPTEMBER 13 1977: Counc9lwoman Kukowski reminded tAe Council members of the School Board meeting on Tuesday evening, if there was an interest,for any of the members to attend. TEEN CENTER: Mr. Qureshi had expressed the passibility of using CETA personnel for this operation af the Teen Center. � � . MOTION by Councilwoman Kukowski to concur with the proposal of the Teen Center Corporation Board for modification of the Teen Center operation. Seconded by Council- man Scheider. Upon a voice vote> all voting aye, Mayor Nee declared the motion carr9ed unanimously. ADJOURNMENT: • MOTION by Councilwoman Kukowski to adjourn the meetin9. Seconded by Councilman Schneider. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirtausly and the Regular Meeting of the Fridley City Council of September 12, 7977 adjourned at 12:12 A. M. Respectfully submitted, Carole Naddad f Secretary to the City Council Approved: �� William J. Nee Mayor � ��r �� City o( Fridley, Minnesota PRaGRRM BUDGET 1978 ORDINANCE N0. AN ORDINANCE ADOPTING THE 6UOGET FOR THE FISCAL YEAR 1978 TNE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY ORDAINS: SECTION 1: That the annual budget of the City of Fridley for the fiscal year beginning January 7, 1978 which has been submitted by the City Manager and modified and approved by the City Councit is hereby adopted; the total of the said 6uAget and the major divisions thereof being as follows: ESiIMATE OF REVENUE 6eneral Property Tax Licenses Contractors � Business Other Permits Grants and Shared Taxes Charges for Services Fines and Forfeitures Interest Earnings Rent Other Misc. Revenue Insurance Refund (Potice and Fire Pensions) Transfers Seal Coating State Aid Surplus Revenue Sharing Fund Liquor Fund Other General Fund Surplus TOTAL: GENERAL FUND State Aid Funds Taxes Taxes TOTAL: OTHER FUNDS TOTAL: ALL FUNDS APPROPRIATIONS 52,072,619 General Government Legislative 8,050 City Management 57,045 Finance (Election 6,500 Accounting, Assessor) 78>»5 Civic Center 961,256 Public Safety 72,295 Police �5,004 Fire 75,500 Civil Defense >>+�Q� Public h'orks 21•8» Carvnunity Development Engineering and Public 56,800 Works Maintenance Recreation 40,OOD Naturalist � 65,000 Parks and Recreation 200,556 85,000 3,000 72i87. Reserve �2 , 564 07HER fUN�S STATE AID FUIrD 287,000 State Aid Construction CIVIC CENTER BON� FUND 40,180 Debt Service CAPITAL PROJECT FUND ,533 Capital Improvement Revolving 33� 69; )13 $4,332,377 8 112,538 202,196 244,672 110,206 \ 1,033,890 2IS,665 17,015 ( 243,843 784,058 131,800 703,781 100,000 . 3,962,664 $ 287>000 40,180 42,533 369 713 $4,332,377 SECTIQN 2: That the City Manager be directed to cause the appropriate accounting entries to be made in the books of the City PASSED AND ADOPTED BY THE CITY COUNCIL Of THE CITY OF FRIOLEY TfiIS DAY OF , 1977. _ MAYOR - WILLIMt ,1. NEE ATTEST: TY CLERK - MARVIN C. BRUNSELL Public Hearing: September 19, 1977 First Reading: September 26, 1977 Second Readinq: Publish: 1 CITY GF FRI�LEY PLANNING COP�fMISSION M��.'TING � S��r�'�BLFi � il-� � �%%% CALL TO ORD�R: Chairperson Harris called the September 14� 1977 Planning Commission meeting to order at 7:3y. p�M� ROLL CALL• Members Present: Members Absent: Others Present Shea, Oquist, Harris, Peterson,.Schnabel 13r. Langenfeld arrived at 8:30 P,M, Bergman (Mr. Oquist tivas his representative) Jerrold Boardman, City Planner ti Ms. Schnabel requested that the last paragraph on Page 11 be eliminated. MOTION by Ms. Schnabel, seconded by ris. Shea, to approve the minutes of the August 17, '977, meeting as amended, Upon a voice vote, all voting aye, the motion carried unaninously. MOTION by ris. Schnabel, seconded by Mr, peter.son to susnend the rules to accept �he Appeals Commission meetin� minuzes as the nest �ter� on the Agenda. Upon a voice vote, aZl voting aye, the motion carried unanimously. MOTION by rir. Peterson, seconded by Air, Oquist, to suspend the rules to accept the Parks & Recreation Conmission meeting minutes af.ter the acceptance of the Anbeals Com�nission r�eeting minutes. Upon a voice vote, all votino aye, the �otion carried unanimousl y. �. MOTION by Ms. Schnabel, seconded by Ris. Shea, to receiv- e— t� ne � miiiutes of the August 23, 1977, Appeals Commission Meeting, Ms. Pat Gabel r�as present at the meeting. Chairperson Harris requested t-is, Gabel to be available to ans�ver any questions that may arrise regardin� Ite� �1 of the August 23, tg�7, Appeals Co:,enission neeting. Ms. Gabel indicnted that the big�est concern of the neighborhood had been tne amount of fires that had occurred at the Industrial Spr�y Pain�in� Comp�iy, She irent on to explain that the propo�ed plans ��ould eliminate some of the potential hazards bec<zuse the Con�any rrould enclose the rear �ocks, She indicated that in the p1S'� several fires had been set in the dock area by children playing vith matches. i 2 Ms. Gabel explained that in tlie past the Company had leased the building and that they had recently bought the building; thereby, creating a'�pride of otirnership�� situation. She said that another concern of the nei�hborhood had been the screening that ti��ould be used as a means of landscaping, build ng,tmostaofetheenei�hborsPlere satisfied�ivithdthe v�ay the building �vould eventually look. Ms. Schnabel v,ranted to see the Plans that Ms. Gabel had referred to. Mr. Boarclman shorred the Planning Commission the original plan. He exnlained that the plans had not been apnroved as of Sept ty., �977� � The members of the Planning Commission reviei�ed the plans. Mr. Boardman explained all that was being planned. Ms. Gabel indicated that she had talked to ris. L. S�orre and that her biggest concern rras still the landscaping/ screening plans� Chairperson Harris indicated that the landscaping/screening was basicalZy a concern of Staff. ?ie said that the Planning Coeu�ission, etc. had to first be sure that the proposed buildino and improvements 4�ould meet all the codes. Mr. & Mrs. A1 Toews, Dir. & Nfrs. Arne Toetvs, Mr. Ralbh Officer, P•Irs. Ralph Officer, were all present at the Planning Commission meeting regarding the request for variances by Industrial Spray painting Company� Mr. Toe��s indicated that the reason he had anpeared at the meeting rras because at the Apneals Commission there had variances�ltgen�,�antedhto beesureatosbetat thenmeeting ine the event that the netition vfould have been presented to the Planning Commission. Ms. Gabel indicated to the Planning Commission that Mr. Ken Sporre had had a petition at the Abpeals Comm�ission meeting that he chose not to present to the Commission, because after talIcing t�ith the Toe�s�s �, he felt that the pZan was good and he v�anted to take the uetition back to the people that had originally si�ned it�and exnlain exactly tivhat ivas being planned for that building. There was no petition presented to the Planning Commission, 2A The neighbors that vrere at the Planning Commission meeting �ere in favor of the proposed plans. t1PON A VOIC� VOTE, all voting aye, the minutes of the August 23, 1977, Appeals Commission t4eeting were received. 2. MOTION by t4r. Peterson, seconded by Ms. Schnabel, to receive the minutes of the August 22, 1977, Parks � Recreation Commission meeting. Mr. Peterson oointed out Item B of page 2. He informed � Atr. Harris that two neir tennis courts would be built in � the Rivervier� Heights area. UPON A VOICE VOTE, a11 voting aye, the minutes of the August 22, 197'], Farks & Recreation Co�mission meeting mere received. 3• TABLEDc LOT SPLIT REnUES'^ L.S $77-08, RON NEILSON SPT.T'TfSPiT'—�'--�--�---=r �'=P ' i.: -�� 7. - 71 z i�a.y i�iL. ) Ori b2.1anCE O MOTION by P�1s. Scnaabel, seconded b,y Mr, Peterson, to remove the item froM the table. Upon a voice vote, all voting aye, the motion carried unani�aously. The item t�as renioved from the ^table at 7;52 p�Aq. 23 N,r. Boardnan explained that the lot in ouestion r.as a VeZ�y long lot, wHich the petitioner wanted to split into two parcels. Mr. Boardr�an e.�cplained that the l'lesterly 1jC foot measurement ti��as from the cen�er of the street to the lot line. 105 feet of the 1j0 feet is the actual lot. He said that that had been the confusion at tl:e �revious meeting �vhen tne item had been tabled. Chairperson Harris asked about the existing structure that v�ould be split by the new lot line. Mr. Don Nielsen of ii5-7�� tray rr� indicated that the structure ti��as in the nrocess of being moved. Mr. Boardman said that the He explained that the lot t City did not need any easements. would be served by Alden Circle. Mr. Boardman explained that the Planning Commission had the authority tivith a Lot Split, that rrhen the lot snlit was approved a variance would automatically be granted. He said that this authority rrould have to be exercised in the request since the resulting lot would be less than 9,000 square feet. Mr. Boardman ti��ent on to explain that the variance c�ould only be granted regarding the lot size and not for the type or size of house that could be constructed on the lot. The buyer of the property indicated that he nroposed to � construct a house thzt ��culd face Alden Circle. tdr. Boardman said that it r�ould be possible to build the house facing Alden Circle that �rould not require any additional variances. Ms. Schnabel asked if the Planning Commission ivas seeing a verified survey� Air. Boardican indicated that it vras a verifiea survey, Chairperson Harris had questions regarding the street right-of-r�ay that Mr. Boardnan tivas aole to adeauately answer. �i0TI0N by 2�r. Peterson, seconded by tis. Shea, that the Planning Cor.�nission reco;nmend the granting of the Lot Split reauest: L,S, r77-08, Ron Neilson: Snlit oif the c�esterly 13a feet of Lot 31, Auditor's subdivision Pv'o. '7?, subject to street easenents, to make a nerf building site on the corner of 71� 67zy N; and Alden Circle NE, (Eaisting house on balance of lot - 115 �1�- Play I�L,) Unon a voice vote, all voting aye, the motion carried unanimously. 4. --�-. rl1-� �. ns t�1��ii��'Y !3�i�'1•10'd: PL�'R FRIDLLY CITY CODE SECTI02d 205.101 3i-I TO �1LLC:1 :u`� AUTOTiOBILE CAR ;'19SH ESTABLISHi�iEiJT IV A G2S (G�PIr,:2Ai; SHOPPIPiG) ON LOT 2 BLOCK 1, Tl1RG :T ADDITION iFIE S�7Mli BEING 775-53rd � AVENU� NE, MOTION by Ms, Shea, seconded by hfs. Scnnabel, to ouen the public hearing. Unn a voice vote, all votin� aye, the motion carried unanimously and the Public Hearing ti�as opened at 8:04 P,M� 2C � - SEPTL,TiBPR 1l�., 1977 Paaa S 2 D Mr. Boardman shov�ed the Planning Commission a design plan of v�hat the automobile car vrash establishment vrould look like. He explained where it would be located in relationshin to Target and the Pon Shonpe. He explained that a system of service roads v�as being planned for the area. Mr. Oquist asked when the proposed island tivould be constructed. � Mr. Albergotti, Jr., of Dayton Hudson Properties, . said that it �°�as planned to be completed by Spring 197$� Chairperson Harris auestioned the grading involved betr�een Embers and the proposed Car L'Jash. � Mr. Boardman said that at the Apneals Commission, the Brannon�s had agreed to reduce the size of each ba,y in an attempt to have the car wash as far ai�ay from the nillside as possible. t4r. Peterson asked if Target ot:�ned the property in question. Mr. Albergotti explained that the property belonged to Dayton Hudson Properties and tnat theBrannonTS �•�ould be purchasing the property. Mr. Rodney Brannon of 1622 ;'lest Innsbruck Parkrray ex�lained that he 1•rasn�t plannino to construct the ��tynical" type car r�ash. He said that he planned to Durchase the best equipment possible and honed to have his car irash be a model car rrash for the State o? P•4innesota� He said that the car rrash ti�ould be maintained from 6; 30 A.P4, until 11:00 P�M. rir. Peterson asked if the car rrash rrould be opened if the attendant rras not present. Mr. Brannon said that originally they had nlanned to have the car �aash open 21� hours; hot:�ever, he sai.cl that they have since decided to only hzve the car v�ash open for business rrhen an attendant vruuld be present. Chairperson Harri� rvanted to kno�r 2�Ir, Brannon�s plans of maintaining the one-to-one slope that would exist on his property. Hir. Brannon explained that he ��ould be considering land- scaping the hill using some type of ground cover such as some type of rose bush and/or Russian Olive trees, �LANPIING CGMt4ISSI0Pi MFFTITIG - SEPTI3�IBrR 14, 1�7 Page 6 Chairperson Ha.rris requested that the landscaping details be v�orked out by Staff to prevent the possibility of shabby appearances in the Area. Mr. Brannon exnlained that he had a big investment involved with the car rrash. He felt that it r�ould only be in his best interest to be sure that the entire lot v�as maintained properly at all times. Some questions arose regarding the serrer systems in the area and r�ere they large enough and adequate enough to handle a car wash. Mr. Boardman indicated that there rlas an adequate sewer/ ��ater system in the area. Mr. BoarcLman expressed a concern he had regarding the request for a special use permit. He made the statement that once a car r�aUn� is a car ��ash, is a car raash, etc. He said that if for some reason the Brznnon�s didn�t make it in the car rrash business and e�ould go banl�rupt or if it is discocered that the narticular lot i•ra.s not a good location for a car ti:�ash, the City e�ould be "stuck" rrith a building that erould have to be �aintained. He said that the building actually could only be used for a car erash business. Mr. Brannon indicated that he hoped the car e�ash r�ould be a future livelihood for hin and his far.iiZy. He said tnat they had tzlked to Many neonle in the car �,�ash business and they thought that the particular location in auestion was an e:ccellent site for a car �•rash. He said that he had every intention of making his car ilash business GOOD. Ms. Schnabel asked if Mr. Brannon had any plans to try to recycle the e,rater used in the business. Mr. Brannon said that he n�as looking at holding tanks that vrould be necess�ry to recycle the v�ater. He said that the actual recyclin� of the r�ater still had a fetv "bugs�� that had to be r�orked on, He said that as soon as those problems Nere solved, he rrould probably be able to go right into recycling the v�ater. Ms. Schnabel indicated that from the environmental standpoint it ti�ould be something that should be looked into. Mr. Boardman indicated that the Brannon�s had plans to build so7.ar uanels on the roof of the car uash to assist in the heating of the rrater. 2E PLATIPIING C�14t4TSSI0P1 t4i;";TIPIG - SL'PTI34T3rR l i�, 1977 Pat�e 7 2 F tds. Schnabel said that a problen in the crinter could be cauced by carsleaving the car rrash without r�iping the excees c�ater from the car. Thic viater i��ould then be deposited on the streets in the area� thus creating an ice hazard. Mr. Brannon said that they r�ould have a system installed that contained an air-dry cycle that could be used to blo��r most of the er.cess rrater off the car. Mrs. Brannon said that there raould be infrared heaters inside the doors of each bay. She saict that that r�ould help dry the cars also. She also explained that the --- lights in every t�•�o units rrere senarate. Therefore, she said that at the tine business i�ras slorr, the lights could be turned off in the bays that i•�ere not in use? thereby saving eneroy. Mr. Brannon said that they vrould use a five foot high sign to advertise the car r�ash. Mr. Oauist asked hotiv many carscould be backed up behind each �aY. Mr. Brannon said that they could be backed up three deeo. ,.Chairperson °arris asked if the Brannon�s pZanned to sell any oil products. Mrs, Brannon said that they 1�iould sell no oil products. His. Shea asked ti�hen they v�ould plan construction. Mr. Brannon said that they evould like to start construction as soon as possible. Mr. Albergotti said that Target and Dayton Hudson Properties both felt that the Brannon�s r�ould keep both the building and the property rrell maintained. Mr. Oquist asked rrho would be responsible for the roadvrays. Air. Albergotti said thzt Target trould maintain the roadr�ays and the other businesses tivould pay an annual fee to Target. Dis. Schnabel asked Mr. Brannon to eaplain the exact traffic flovr to her. Mr. Brannon exnlained on the plan exactly holv the traffic vrould flo��r. PLANNIPdG COT�Q�IISSION t•iPPTITIG - SEPTL•'MBER t l 1 pa e g 2 � MOTIOPJ by P4r. Peterson, seconded by Ms. Schnabel, to close the Public Hearin�. Upon a voice vote, all voting aye� the Public Hearing ti�as closed at 8:35 P.r1. Ms. Schnabel said that she tivas concerned �bout the large traffic flo�•r problem that already existed in the area. She felt that the car c�ash could only contribute to that problem. Ms. Shea indicated that that had been her first thoughts r�hen she had read the re�uest, Ho��ever, she said that since then she had decided that the car c�ash did have a � good design, it rras a goou' location; and, if the road improver�ents l�ere done as planned, it really tivouldn�t pose any additional problems ior the area. Mr. Albergotti said that since there tlas already a traffic problem in the zrea, the street i�anrovments could only improve the overall traffic problems. Mr. Board�an pointed out that Dayton Hudson Properties had contracted the same peoale to do the service road project that r�ere doing the 53rd rlvenue ir�proveMents, He said that the rrork tiaould all be done at the same time, MOTIOPI by P;s. Shea, seconded by i•Tr, Peterson, that the Planning Co�a:aission reconmend the apbroval of the reauest for Special Use PerMit, S,P� r7']_�� by Rodney Brannon: Per Fri�ley City Code Section 205.101 3H to allo�r an autor�obile car rrash establishr,ient �n a C-2S (General Shopnin�) on Lot 2, Blocii 1, T�rget Addition, the same being 775-53rd Avenue iJL. Unon a voice vote, all voting aye, the motior_ carried unani�aously. (t�is. Schnabel gave a reluctant aye.) (Ms. Schnabel was reluctant because she felt that Dayton Hudson Properties should proceed tivith their internal improvements ahead of the 53rd Avenue Project). PLANNING CONlMISSION MFETING - SFPTENIBER 1�, 1977 Pat�e 9 2 �i 5. PUBLIC HI;ARING �,r, rri �- �� ,u�� y�i r�, �;raisnxl: As per Section 205. 131 �A, GP `PH� FRIDLi^ CI`PY CODE, TO ALLOi7 A PUBLIC AUTO REPAIR C�IdTER USE, ON TIiE SOUTAERLY $05 FEET OF THE EASTERLY � OF THE tdORTH�ASTERLY � OP THE SOUTH�/lSTERLY � OF S�CTION 3-T30-R21�� EXCEPT THE WESTERLY 328 FE�`P ACCORDIPIG TO THE PLAT THEREOF (SUBJ�CT TQ THE EASt�.-'MEPIT AGREII�fENT OF 4/12/7y.) THE SAi4E BEING 7900 MAIN STREET NE, MOTION by Ms. Schnabel, seconded by Mr. Oquist, to open / the Public Hearing. Upon a voice vote, ali voting aye, the motion carried unanimously and the Public Hearing vras opened at 8:46 P,M. Mr. Boardman explained that P4r, Naseem A. Ansari tiaas not able to attend the Planning Commission meeting. Mr. Boardman indicated that the request was to enable the use of 13,000 square feet of bay area in one of the Bryant- Franklin buildings at '7900 hYain Street Nr^, to have a self- serve type of garage space. He said that Mr. Ansari�s idea was to provide the snace, tools, racks, etc. for neople to do their o��m ti�rork on their cars charging them on a time basis. Mr. Boardman said that T�Ir. Ansari feli that that type of business e�as not around the area and that there r�as support for that type of facility, He said that Mr. Ansari felt that the location was a good location for that type of service. Mr. Boardman indicated that the building was already divided into bays Ms. Schnabel asked if the building would be divided into more bays. Mr. Boardman said that Mr. Ansari was going to use the existing bays. Mr. Oquist asked if there irould be an attendant on duty at the bay area. Mr. Boardman indicated that there tivould be a maintenance- type person at the building. Pir. Oquist asked if there rrould be any hoists available in the bay area. Mr. Boardr�an indicated that the project �vould be more of a minor repair tyue of space. He said it tirould basically be providin� �lrage wqrk-space for some people �vho didn�t have a garage or enough gara�e space to do the minor repair work on their cars such as oil changes, minor tune ups� etc. PLANNING CO1�t4ISSI0N 1�1E�TIt1G = SEPTZ�T4T3PR 14, 19�� par*e 10 Mr. Oquist asked if there vrould be a fire hazard for that type of business. t4r. Boardman said that t4r. Ansari r�ould have to meet all the Fire Code reouirements for that type of use. Mr. Robert Schroer of 490 Rice Creek Blvd. commented that a division of a big Corporation had established several buildings in other parts of the country for the purpose of self-serve service centers, He said that many had � to be closed dorrn because of a lack of acceptance. Mr. I,angenfeld asked if that type of occupancy ��ould be compatible ti�rith the other tyue of occupancies in the area. Mr. Boardman said that it tivas probably more compatible in an industrial area than in any other type of area. Iie explained that there r�as no place in the ordinances that allorred for autornobile renair facilities. He said that that type of business had to be handled by Special Use Permits. Mr. Boardman suogested that the ite� be tabled until such time that Mr. Ansari could annear before the Commission and ansrrer the auestions that the members had. MOTION by t•4r. Peterson, seconded by t4r. Lanoenfeld, that the Planning Co�+saission table the re�uesi for Special Use Permit, S,P, m77-12, Pdaseem 9. Ansari: 9s per Section 205.131 (3,A,10) of the Fridley City Code, to alloi�� a public auto renair center use, on the Southerly 805 feet of the Basterly z of the Northeasterly ; of the Southeasterly � of Section 3-T30-R24, Except the i7esterly 328 feet accordino to the blat thereof (subject to the easement agreement of 1�/12/71�) the same being 7900 Main Street ATL. Upon a voice vote, all voting aye, the notion carried unanimously. Chairperson Harris indicated that the item 1��ould be tabled until such time that t�ir. Naseem A. Ans�ri could speak before the Planning Commission. He said that the Public Hearing tvould remain open. 2I rt.nNr�Trrr, r.nMMrs5TOp1 �IE:TING - SF.PTFT4flPR 14, 1977 Pa�e 11 6• LOT SPLIT RF�UrST L.S, f�77-10 BY H�IGfiTS BUILD�RS ' 0'r IIL i;l'.:i`i'ER Y j0 F�ET OI' LOTS 1-Q, i�'L�CK A, RIV�RVIEI'! FIEIGHTS ADDITION AND ADD THEM TO LOTS 5-6, BLOCK A� RIVERVI�'3 H�IGHTS ADDITIOtd TO MAKE TtiUO BUILDIPiG SITES. Mr. Boardman indicated to the Planning Commission on the map tvhich lots were being discussed. '— The person representing Heights Builders Inc. said that he o�vned Lots 1, 2, 3, 4, 5� $ 6. He indicated that Lots 1�2�3� & 4 ran east and <<�est and Lots 5& 6 ran north and south. He also indicated to the Commission the lots and area that Anoka County o�aned. He said that he vranted to make trro buildable lots. Chairperson Harris asked if he had any of the vacated street that �*�as indicated on the map. The person representing Heights Builders Znc, said that he did not. Mr. Boardman indicated that the City ��ould not require any additional easements on the lots. Ms. Schnabel asked if he intended to build the homes on the two lots or rrould he sell the lots. The person representing Heiohts Builders Inc, said that he r�ould build the homes and that tney vrould be priced in the $55-60�000 area, Ms. Schnabel pointed out that the lots ��ould be less than the required g,000 sauare feet. Chairperson Harris indicated that one lot vrould be 8,160 square feet and the other lot rrould be approximately 8�466 square feet. Mr. Peterson said that the reauest r�ould be consistent tvith the City�s present housing codes to encourage housing that people could afford and he said it was one way to utilize the lots. MOTION by Mr, Peterson, seconded by Mr. �quist, to recommend the anpreval of Lot Split Request L,S, ;#?7-10 by Heights Builders Inc.: Split off the easterly 30 feet of lots 1-4, Block A, Rivervier� Heights addition and add them to Lots 5-6, Block 1�� Rivervierr Heights addition to make trro building sites. 2J �nrrrairrc cornarsszori r�rrTirrc - sFrmr��rBrR i r� i n�� Pat�e i 2 Mr. Boardman indicated that the access and all utilities would be off of iIugo Street. UPON A VOICP VOTE� all voting aye, the motion carried unanimous2y. 7• coi�rmPnIT R?�QU�ST__ L,S, i;E77-11 BY ROBERT H. SCHRO�R: EAST RI�7CIi LSTATES 2ND ADDITIOPJLINvORDER TO MAKEnT170 BUILDING SIT�S� Mr. Boardman indicated that there ��ould be a building on lots 7& 8 and that Lot 6 rras presently being built on. He said that the reason i•4r, Schroer rranted the lot sblit rras because he had tr�o buyers for the lot, He said the pronosed building �+rould be back-to-back buildings that would meet all reauirements. He said that basicaZly all N,r. Schroer needed rras a lot split. Mr. Board�an said that the only problem that could be seen was the question as to hovr service vrould be gotten into the back properties. Mr. Schroer saa.d that the area had been discussed many ti�e�. He said the main concern rrzs oa Lo� 3, Block 3, He indicated on diagrams to the Planning Co�nission the exact location of the lot being discussed, rie indicated. that one of the blans could be to go betrreen lots 5& 6 rrith a cul-de-sac to service lo� 3. He said that there could also be a cul-de- sac off Ranchers Road to serve Lot 4� Ms. Schnabel asked if Lot 4 could receive its access from the one cul-ue-sac �etrreen lots 5& 6. Mr. Schroer said that it could, but it r�ould depend on r�hat riould be built on the lot. Mr. Schroer said that there rrould be a bossibility of Lot y. $ 5 going to the same buyer, thereby elininating many proble�s. He also nointed out that if Lots 3: 4, g 5 v�ent to the same buyer, all the broblens vrould be eliminated. Mr. Boardr.�an indicated that the concern was, ho�v the City ti��ould service the tti�ro 2ots in question. t�ir. Schroer said that he had basic111y shoiari . the Planning Commission hoc� he could access the lots pronerly� He said that there rrould be several alternatives a� to rrhat could be done, includin� a dead-end turn-around type street, He said he rras shorrin� ho�•r all the lots COULD be accessed, if all the lots rrere bought and built,on by separate buyers. Ffr. Boardman expllined the different areas of the lots in question. 2K PLA1dNIPIG COt�1MSSSI0t7 t4PLTING - SLPTr�!]3FR 1 L�. 1977 Pa�*e 1 2 � Chairperson Harris suggested holding the road easements as a private roadti��ny. Mr. Boardman said that even if it ��ras maintained as a private roadNay, it i��ould have to be built to city standards to handle any problem in the future, if the.ormer decided they didn�t rtant to maintain it any longer and would tivant the city to maintain it. Mr. Boardman indicated that the Code read that the back-to-back buildings rlould not require a special variance. He said that the buildings could be back-to-back r�ith the written aoreement from ooth property orm ers. MOTION by 1•Ir. Peterson, seconded by 2�fr. Langenfeld, to recommend approval of Lot Split Reouest, L,S, r77_11, by Robert H. Schroer: Split off the southerl� 157z Feet of Lot 6, Block 2, East Ranch Estates 2nd �ddition in order to make trro building sites iaith the stipulation that access be provided to Lot 3 by easenent over Lot 5 and that no portion of that easement �vould go onto Lot 6. Mr. Schroer said that the Cul-�e-Sac i��ould be ivhatever the City �rould require if it erould be City Alaintained. Mr. Boardr�an said that before the City r�ould issue a building permiL, they �aould repuire a definite plan. Mr.�Schroer said that he felt that anyone building on Lot 3 ��ou�d ivant a City Street and not a Private Street. DPON A VOICE VOT�, all voting aye� the motion carried unaninously, REC�SS• A recess tivas called by Chairperson Harris at 9:39 P.Pf� REC�P; V:�NED• Reconvened at 9:49 P.P1, Shea, Oquist, Harris, Schnabel, Langenfeld etere all present. rir. Peterson had to leave due to personal reasons. �'LANNIIIG CO1�t4IS�I0PT 1�IrFTTDiG - SrPTE19I3PR 11G 1977 Pa�*e 14 2 M MOTIOPI by t4s. Shea, seconded by t4r. Langenfeld, to amend the agenda and add Item tOA, Receive Human Resources Commission Meeting hiinutes of September t, 1977. Upon a voice vote� all voting aye, the motion carried unanimously. MOTION by t�r. Langenfeld, seconded by Ms, Schnabel, to receive the letter from Piaegele Outdoor Advertising Company of the Trrin Cities, Inc. to Mayor Flilliam J. Nee and to receive the Afemorandum from Virgil C. Herrick, City Attorney to Richard Sobiech, Director of Public :7orks, regarding the Billboard Ordinance. Upon a voice vote, all voting aye, the motion carried unanimously. The letters vaere received at 9:51 P.t2. 8. REVILi7 PROPOSED SIG"? OP,DIP1,��,TCE Mr. Boardman explained that it had been the intent that the City Council only revie�r the Sign Ordinance, He said that the Ordinance had not been ready for the First Reading. Mr. Boardraan said that he had some broblems v�ith the memorandum from Virgil C. Herrick, City �ttorney, in that throughout the ttemo he had given a lot of statements but had given no legal ideas as to horr to change it. Chairperson Ha.rris said that he had gone to the City Council meeting on 09/12/77 to get an idea ��rhere the City Councii uas on this item. He said that the City �lttorney had indicated that he vras .�ri1Z?ng to assist in the 1•rritin� of the legal verbage into the Orriin�nce, i�ir, riarris said that since P+Ir. Herrick had rai.sed the auestions, the Conmission had best anstiver them. Ms. Schnabel said that she had gone through the mer�orandur� and had made notes on her copy of the Ordinance zlon� c�ith notes of her o�m, She roroceeded to go throu�h the Ordinance indicatino possible changes. Ms. Schnabel said that the first Section 214.01 PURPOSE was okay as ��rritten. Sectioa 211��p2 DEFINITIOidS, A. Abandoned Signs, Pds. Schnabel felt r�as proper in that it helped the Zoning Administor. Ms. Schnabel, vrith agreenent fror� the other members, felt it tivould be proper to remove the Examples that rrere listed in item B. Accessory Use. Ms. Schnabel rrent on to discuss item G. Banners and Pennants. She felt that the statement (including sr�all plastic fla�s, grand opening signs, or special announcements) should be deleted. PLRNAIITIG COITi�IISSIOPi MPrTIPIG - ST'PTrtdT3�R 11+, 1977 Pa�e 1� Ms. Schnabel ner,t discussed FI. Bench Signs. She felt that the words "such as a bus stop�� should be deleted since later in the te•r.t of the Ordinance it tvas stated that Bench Signs v�ould be prohibited except at the bus stops. Ms, Schnabel sug�ested that the r�ording of Item I. Billboard be changed to read, ��BILLBOARD means an advertising sign t�hich directs attention to a business, comnodity, service� Or entertainment �rhich is conducted, sold or offered elser�here than on the prenises of yrhich the sign is located; It e�as decided to put a auestion raark next to Item J. CANOPY signs. ;�is. Schnabel said that if the definition eras to be left in the section 21Lf,02, then the terM Canopy Sign had to be used in the text of the ordinance. Chairperson Harris thought that sonee�here in the text it ti�as referred to as to the differences of roof signs and canopy signs. Mr. Langenfeld said that the ter�inology had been used to clarify roof signs versus canopy signs versus vrhatever other type of sign. The discussion next e�as on K. CH�PIG�ABLE COPY SIGNS. Ms. Schnabei needed clarification a.s to exactly 1�r�iat a Readerboard rras. Mr. Bozrdman sug�ested leaving out the i.e., reader boards ��ith chan�eable letters or changeable pictorial panels, from the definition. Ms. Schnabel then referred to Items S and V. She said that iter.! S. IDEIdTI�IC!1TIOi,� SIGTdS and letter V. INSTITUTIOPiAL SIGNS, r�ere the sarae definition and meant the sase thir_g. She said that they r�ere r�orded somei��hat different but did say the same thing. Mr. Boardman said that that had been done to define the differences betrfeen Institutional Signs and l�dvertising Signs. He explained that an Institutional Sign t:�as an advertising sign; horrever he saic� that there rrere parts of the text that t�aould allor� an institutional sign of certain square footage rather than just an advertising sign. It lvas decided to leave the tvio de£initions as they read. Item Z, POFTIiI3L� SIGN e�as next discussed. Ms. Schnabel said that the ti•rording t�as confusing. Chairper�on FIarris su��;ested the rrording to be ch�nged re1d� ��POP,T.'1BLE SIGN menns a sign so designed as to be movlble from one location to nnother and vrhich is not permanently nttaclied to the �round, a sign structure, a buildin�.�� to or 2N PLANpIIPIG COtR4ISSI0T1 MT;T:TIt)G -;LT�Trt�[BT'R 1 1 Pa e 16 Z� Ms. Schnabel asked if there tivas a speciYic sign that vras called a P013TA-PAPiEL. Mr. Langenfeld said that the t�rords ��back-to-back" made the sign different from a PORTA�L� SIGT?� Mr. Board�an said that it had to be listed in the definitions because in the text portatile signs ��ere not being prohibited, but porta-panels r�ere being prohibited. Ms. Schnabel asked for an exaciple of exactly ivhat a READER BDARD rras. Chairperson Harris said that Bob�s Produce had a Reader Board. Mr. Boardr.�an su�gested eliminating the definition for Raader Boards because the only place they are mentioned was under Signs Allo1•red r�ith Specizl Use Permits. Mr. Oauist said that before any of the items r�ere removed that it r�as verified that the ite�s c�ere not actually mentioned so�ae place in the text. Mr. Oquist didn�t really agree that an Ordinance could ever have too nany definitions. Ms. Schnabel said that Item Gv SIGId f1R��i tiaas too ivordsy and cumbersome. tlr. Boasdman sugbested that the item be is�orded, ��SIGI�1 AREA means the total area of tae sign, including the border and the surface rrhich bears the advertiseMent; or in the case of inessages, figures, or sy�bols attached directly to the building, it is that arez rrhich is included in the smallest rectange r:hich can be �ade to circumscribe the message� figure, or symbol disnlayed thereon, The stinulated maxinun sign area for a free standing sign reiers to a sin�le facing.�� Ms. Schnabel auestioned item R�N� UNLA;'lFUL SICTdS, She tivanted to knori if the Ordinance rras giving too much po��er to one person in authority to make the determination of unlal��fu1 signs. Chairperson Harris said that there tivas no provision for due process. rir. Boardman suo�ested that the irordin� be chan�ed to, "UATL�9t7PUL SIGN neans a sign r�hich is in conflict with this ordinance. �� Ms. Schnabel ne�t discussed item B under Section 214.031 2 P SIGNS PROHIBITLD IN 11LL DISTRICTS� She rranted to knovr who made the decision aU to tvhat rrould be obscene, pornographic� or immoral character, or i•rhat t��ould be untruthful advertising. Chairpercon fIarris said that the Courts had to make the decision as to vfhat is pornographic. Mr. Oquist asked if he could appeal to the Courts if the Sign �ldministrator allo��s a sign that he felt r�as obscene. Chairperson Harris said that the Public could appeal any decision made by the City Adninistrator_ Chairperson Harris said that the State Attorney General deterr�ined rihat vras false or untruthful advertising and that nart of tIze item B should 'oe taken out. Ms. Schnabel sug�ested rev�ording E to be� ��Signs r�hich resemble zn official traffic sign or signal (except directional signs on private pronerty)�+� Ms. Schnabel next discussed item I. She felt if that item rias left in the text, tnen an additional Item "0" should be added and FLASHING SIGtdS should be included. Pis. Schnabel suggested that Item I be re�•rorded to, "Illuu�inated sign �ahich changes in either color or in intensity of light or is ar:i�ated. She said that Item 0 r�oulc cover Flasning Signs, Ms. Schnabel indicated that itera J tr�s confusing to her. Chairperson Harris said that in speaking to the City Council there had been a lot of resistence to Item J� r�hich included bilZboards. Mr. Langenfeld said that he oersonally felt that the Ordinance ,vas curtailing rights. He felt that a precedent Has being set and that it t•ras a form of censorship and he said that it should be har►dled very carefully� Ms. Schnabel said that her personal feelinbs ti�;ere that if City Council r:ould override ��hat the Sign Comraittee had done� then she ho�ed tuat the Council vrould ta2ie the action to limit the numUer of signs alloved in the community. Chnirperson IIarris brou�ht communities are drive-thru Yrallt-thru conmunities .,�nd udvertising are dependent un the subject that some communities and others are the types of si�ns and on that aspect also. �'LA11t17PTG COt�i4ISSI0Pd P-1RPTIITG - SI'PTLT4AT'R 1 i4 1977 Pa�e 1$ 2� Chairpercon Harris pointed out that ��hen he talked to the City Council it had been their feeling that the Ordmance eras too restrictive and that it t��as abolishin� some things that they felt shouldn�t be abolished. fIe said that by discus�ing the items again it could be said that it rras the Commis�ion�s consensus that it rras what tivas ��ranted. Mr. Oauist said that he c�ould rather have something too restrictive than too loose; c�hich ��ras the current ordinance's problems - too loose. Chairperson Harris said that it had been the consensus of the Planning Comnission to leave item J under section 211�.031 as it read. Chairroerson Harris said that the attachment to the letter from idaegele Outdoor Advertising Company ��as totally unacceptable. ' Chairperson Harris commented on item C of section 214�032 SIGNS PLRI�SITT�D IPt �I,I, DISTRICIS, He said that the Fridley City Code had an ordinance regarding the display and use of the l�merican Flag, entitled, ��T;IE FLAG OR�IPd�.;dCL��, There cras much discussion regarding the use of the U,S, Flag as a means of advertising. In particular they discussed how City could control Perkin�s use of the J.S. Flag. Ms. Schnabel asked if there i�ould be a possibility of limiting the size of tne Flag to the size of tne buildir.g. , Air. Boardman said that since there r�as no permit required to display the U.S. Flag, it e�ould be hard to control. Chairnerson Harris said that it could be nossible to � limit tne heignt of the rlag pole, fI� aslied T•1r. Boardman to determine rrhat a good height for a flag pole rrould be. The next item that iras discussed vras Section 214.032, H, 5. Ais. Schnabel said that there should be an Item 5a and and item 5U. 5a ti�rould be Banners and Pennants commemorating ' A special event not connected �rith a business and must be removed �•rithin five days follor;ing the event; and 50 ��ould be � Banners or pennants for businesses �rill be allor�ed for grand openings of kusinesses only for a ten day maximum i period. , PLAI�ININ_G C01�4I�SIOiI t4P??TIP1G - SFPTT�413I'R 1�, 1977 P��e 19 2 R t4s. Schnabel said that Section 214.042, B should actually be sho�vn under Section 214.�32 SIGPIS Pi,F��ITT�D IN 1lLL DISTRICTS, H(Temporary Si�ns), 2(Real Estate Signs), and should be listed as item c) Vacancy Signs: etc. Mr. Boardman felt that there should be some type of control on Vacancy Signs. Ms. Schnabel said that r�hen a person had rental units, there rras nore response to a sign on the rental unit than any other type of advertising� Ms. Schnabel felt that the Maximum three square feet in area rras soraetines not an adequate sign. Mr. Eioardman felt that the large apartment complexes didn�t necessarily need any type of si�n, since they almost alr�ays either had a vacancy or else they had the rental offices rrhere a�erson could inpuire zs to a vacancy or at least put their names on a r�aiting list, Pir. Boardr.2an said that the sMaller units that did not have a rental. office could. utilize the three sau�re foot sign to an advantage, since it rrould be large enough to advertise that they had a vacancy. Mr. Boardman bointed out that nany times ?n Section 21L,OL,LE, 211��0l�5, and Section 211�,046 ite� D, ;9a11 Signs, should read, '�D, 17a7.1 Sign: 1. :7a11 sign area shzll not exceed 15 tir�es tiie s�uare root of the �rall length on rrhich the sign is to be placed". Ms. Schnabel suggested that under Section 214.045, �, 2, the r�ord ��P�faxi�nun" should be added so that the itera c�ould read, ��2, Plaxir�um of eighty (80) square feet per development," Mr. Boardman suggested that item B, 1� under sections 214.OQ1�, 214.045, and 21y.�OLf6 should re�d, +'4, plininura height ter. (10) feet from bottom of sign to finished ground level rrhen rrithin 25 feet of a driverray+�. Ms. Schnabel said that rir, Herrick questioned the item A� 2 under Section 211�.05� Mr. Boardm�,n said that he liked the rrording of the item. He said that since all the conditions placed on a si�n by the Zonin� ,'�dministrator r;ere suUject to appeal� he felt that that r�ould be control enough. Air. Boardman explained that any person could anpeal E+rty decision that �ras made in the City of Fridley. PLAt�idItlG C�14�IISSI�P1 t4r:"PIPIG - SF'PTi�dPT'R ll�, 1977 Pa�e 20 Ms. Shea left the Planning Cor,imission meeting at 12:05 A.M. due to illness. Chairperson Harris said that a City Policy should be set up re�arding the informing of peopZe of their right of regre�s. Ms. Schnabel said that Section 214.05� A, 3, should be reworded to, "3. Temporary signs erected by a non-profit organization are not exempt from obtaining a permit for sigr►s� but the City � riaive the fee requi.ement." Ms. Schnabel suggested that some of the items in Section 21i�.05, A, 4 should ha.ve been listed separately. t4r. Boarc2M�n said that in the retynin� af the Ordinance the different types of si�ns r�ould be listed separately. Ms. Schr_abel said that item E. Exenptions under Section 214,o5 should read, "The exemptions perMitted by Section 211��05, 11, 4, shzll apnly only to the requizement of a permit and/or fee, and shall not be construed as relieving the installer of the sign, or the o�•rner of the property on �rhich the sign is located, from con£orning rrith the other provisions of this chapter. i� Mr. Boarcinan suggested that Section 211�.05, �te� F, 1, should be reeforded to, "1. �very sign shall be maintained in a safe condition at all times.r� Ms. Schnabel said that under Section 211�,05, iten F, 3 should be r�ritten in the Section 214.06 F.VFr,r�r.r^:sa.�am Nis. Schnabel said that Section 21l�.05, G� 2� a, 1) should read, ��1)ine ji�n is altered in any rray in structure or copy (e�ccent for changeable cony and normal mainten�nce) which malce� the si�n less in cor�pliance r�ith the reouirer�ents of this ordinance than it rtas before the a,l.terations; or 2) The sign is relocated; or 3) etc." Ms. Schnabel sug�esi:ed that under Section 214,05, item G, 2, a), !�), should be entirely left out. She said that it �ras non-constitutional. 2$ t. t4r. Boardman suggested the r�ording of Section 211�.05, 2 T item G� 2, a), 5, chould be rerrorded to, "If the sign became 50'o delapitated, it had to be removed or brou�ht totally into coMpliance. If a sign is brought SU;� into compliance� then it had to be brought into total compliance'�. Chairnerson Harris felt that the item tended to discourage sign i�provements. Ms. Schnabel said that Section 214�06, A, should be changed to be, �}A. The Zoning �ldministrator or agents shall be responsible for the ,enforcement of this chapter'�. She said th2t the other items rrould be lettered B, C� D, &�� Ms. Schnabel said that under llotificat'.on of Violation of Code under Section 211F�06, the sixth line, the v�ord HE should not re�ain. Also the 1��ord HIS in item 2 under Notification of Violation of Code should a�].so be removed. Mr. Boardrnan said that Section 214,Ou� C� 2, should be rei�orded to, "The Zoning Ad�inistrator or.agent r�ay cause any sign or otner advertising structure „hich is an ir�ediate public hazard to be removed sumr�arily and vrithout notice��. Chairpersor. Harr�.s said that the advertising structure that rrould be removed i�rould be hanca.led tne same as junk cars. They vfould be held in storage for ; number of days and if not picked up in that ar.iount of tiMe� it ti+rould go into public auction. MOTION by t4r, Langenfeld, seconded by T�s, Schnabel, to submit to City Council the Pro�osed Sign Ordinance r�ith changes indicated. Upon a voice vote, a11 voting aye� the motion carried unanimously. 9. CONTINULD: PR�POS�D P1.'�IiITE2i�1NCr COD�: MOTION by ris, Schnabel, seconded by i,ir. Langenfeld, to continu� the I•laintenance Code. Unon a voice vote, all voting aye� the motion carried unanimously at 12:jt A,pq� 10. COPITINU�D: PARIiS & OP�N SP9C� PL4Pd MOTION by t�is. Schnabel, seconded by T�Ir. Onuist, to continue the Pan;s and Open Space Plan. Upon a voice vote, all voting aye, the motion carried unanimously. �r�Ni17IA1G COt�n•ir �SIOTT 14P1'TIr1C - SrpT-,.irrR i r}, i 9�� Pa�e �� >>. MOTIOTI by t•ir. Langenfeld, seconded by Ms. Schnabel, to receive the minutes of the Environmental Comroission meeting of �.ugust t6, 1977. Mr, Langenfeld su�gested that the members pay particular attention to Pa�e 2� para�raph 3, and Page 3, tne bottom paragranh. He inclicated that the Commission had much discussion on the OAen Space Plan. He felt that the Plan needed overhauling in order to be adaptable to the City. Air, Lan�enfeld said that the subject of noise pollution rras really interestin�. UPON A VdICE VOTE, a7.1 voting aye, the motion carried unanirnously. 12. R�CLT�; g�.insT g?SOURC�a" COI�"�fISSI011 n.iNUTES. 0?' .�•i :� , t40TI0N by 3�is. Schnabely seconded by Mr, Langenfeld, to receive the ninutes of the fiur�an Resources Coramission meeting of September 1, 1g77� LTbon a voice vote, all voting aye, the motion ca:ried unani�aously. Ms. Schnabel said that since the Code of Ethics had been adopted by the City Council, r;ould a f�rm be develobed that the menbers of the Com�issions could fill out so as to be sure all the information rrould be provided. Mr. Boardrlan said that a form ivas in the process of being developed. ADJOURPIyiEPIT: MOTION by P?r. I,anoenfeld, seconded by P�ir. Oc,uist, to adjourn. 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L.S. il��-LO . � COLUM8IA HEIGHTS 55421 78&�J7E3 � 1 NS1160Y CGqTt►Y 7MAT THI7 CURV6Y. p�AN, OR REPORT WAy pg¢ppRlD DY MQ OR UNOBR MY olOi�CT CUPSRVICIOfl AND TN11T 1 AA1 CULY FL'017TCRCD �,AND OURVSYO{I Uy0_A THC LAY73 OF THS OTATC 0/ �t(NNE30TA. � �G�-..-e'o� -��"� �)� DATE a'/= 7! �_ .�-e. sca�e t"= Sn' MIPNNE�O�/� {��GISTRt\TION M110. 5332 a=1FZnA) MQNUMEIUT l� � d 9G.53 NU�O ST(��CT �— 80.00 -� � � �— �---1----� -- - - -., � o -_--�---- � � � v�' -, „� � �� „� „;_. � � >-� — B-- — — — — ni. � ^ I i : f� J\ ` Q � •,: I '� ----- � VV� ��'s � �� I � �� .� N �.'' 7�0.00 /''�`~_ 8o,oa 1 � Q � �.. ..�. F Description- °Fl°- The east 30 feet of Lots 1,2,3,and Bi,�R�A rvicer ' Heights, and all oF lots 5 and G, Riverviei•i f!eichts. "6"- Lots 1,2,3, and h, Riverviet•r t;�ights, except the east 30 feet therof: U g�a�k A : �.: � • It ...+t f�.C: �.S:r/� �. � � � ��._ _� �' "_' " ; ' :tiv= �^ Fed S Yun.ss . , '.; �,: . I' • Jd B/.k. . .... � . „ , 2 AA � , s..� ': ; ; Robert Schroer � '� L.S. #77-11 p �. 1 � � �, � � �': .. I � .�ti; �i I i" � �� .�M � � : •.� � i' ,, �� Ll l, � � � � �y5 i .c i. a r • � �' � . ' ;5 ' � , ,u I ' � � �', t"•• � , � s,,.. � �t� • o;y1 � fi� ! ; f yu .,��,e� � I J�-- ----- J I---- -- 4'�L 79�p �— R .� " - di yn �. .� �f��E,.1F � — -- �'�`:,e� i�.� ` ' ��.w�E ��;�t.. .�..,,... . ?� �_��/f�� y�sa ? , yot.p ' r �P4 ��. �. � E"'k '..{7 �p: .N i . :�i � ;: �j, ; . � '�8 qyli �4r -:: _ . . i t . � ' �. � �895 �880 �7895 : � °�=$� ?�,� ' 7 y — , ;,, • � B � 8 \ / �� / t� ti — ,� - . . / � � � �C yy _ � � k� ,r .n,,,,, irm �j �� ::a � ' �8�5 ��„�.� pY - � � �i. a 7825 � . a' � �I '� � � � w= � �� : � F � Z S N e � I �� 7 �f ... re �I � A�`r � ' 7855 `oI°r!� � �t4' o° �).� a � 7s � Q; ti a �I, C� A ` �.' -4�,�; � {� e :Sr. . Q �: � K ' 1^ 7795 �� O � ±yr z �, .i � � , n �� ;a � W � �,, � �� a a � a .� — — _ . 3 .. .. ,�< � 77�0 � -� 7'730 c�`'i.� K 9 3 ��r � > � . ;i� � � ,., ' • t , ,r� v�i ��1-03 � :;:.:_'.;:.>'::•>;:;:<>:�:� �:>::;::'`;;;. '° ., �; -- _. r._ 7702 W '::>::;;::•:••:• ,^ � t � � '� V 7%�3 � « 3� srJ Ji � s' ,t Z '' r 7' 7 � Q �... � . � S 8 � ! .°. ,y.. tF) 'h �'y 4 � 7'. s� W� � � . � ir00 � • • � . X.K ; , : .6 °-a. � � � 1�� 5,� .:.. � � �M•Na w .' • i� .... ::.�:. F � W. As ..�.. :�:�':; � •: � : Si•�:�::� �:�: � • r — �e "� S.N,' CORNER -:,.,.,;..-_.�.,',::•::�; ��ftv SEC, 2 °`'`«.� ! �� / . Tri�� ...ir . �I 3. -, , (Zequest by Rodney Erannon, 1u22 'ia�t Innsoruck Parkrray, Minneapolis, P4;r 5542�). AtOTION by 1•4r. Barna, seconded by 14r. Plemel to oben the Public ?-:earing. U�on a voice vote, all voting aye, the motion carried unanimously. The Public IIearing ivas opened at 9:a9 P,I�1. P•ir, � t•irs, Erannon an:l T-ir, �r��aett R. Albergotti, Jr. •rrere present at �he meeting. ADtdIiiISTR �^I��r STAFr R�'p0�'7' A. PUBLIC PURPGS:. S1.RV�D bY B:,iUIR�EPdT: Section 205.103, 4, (C-2), renuiring a rear yard setback ef 25 feet in a cor.Lmercial zone. � C. Public purpose served is to provide for open areas around commercial structures, naintain clear access for fire flgtltl_^.o a21C1 r.educe COriilagrutlOri Ji fire, ST:4T ;D :iARDSriIr: l�le are reauestin5 a variance to build uro to ten feet from tne east �roaerty line for the follo�c;in� x•easons• 1) The equip�ent �:e r:i11 be �urchasinm is desi�ned for an eight bay car �:�asn; 2) mo create arcnitectual balance and ae�thetic desi�n for the building; 3) To be able to provide �aximum service to the customer, ^lherefore, since rre are limited by a 35 foot setUacls on the rres� end, it mal:es it necessary to rehuest a variance to construct the building ten feet from the easi property line. ADI�IINISTR�iTIVE STe1FF RyVI�:`/: This �ropert�� is located to the vest of Embers on HighrJay ;�y5 an: south of the ne��; Pob Shop�e, The rear (east) roro5erty line is located on a steep enbani;ment at the edge of �nber�s Farking lot. Structural as r:e11 as nronar landsc,��e ne�sures rrould Ue re�uired to build nest to this enban;nent, �ccess to this pronerty is via the Tar�et Store�s outar urive. :' � APPi;AT„", Cn11t17;;;IO?I R1'.;��;7'ITIG - AUGIJ�T ?� 1977 Pa�e 1� 2�C 14r. Alber�;otti, Jr., of Dayton IIudson Properties, explained to the Commis�ion that rrhat they r�ere planning to do before the actual Cas ti'lash project s�as started. He said that they r�anted to plan an acces� syatem that vtould serve the parcel of land in �uection and the remainin� parcels of land. He indicatel on a plan r�h�re all the parcel of land r�ere located and rrhat, if anythin�;, er.isted on those parCels. Iie ex�lained �vhat the pranosed traffic floc�irould be once the 53rd Avenue improvements vrere in. r1rs. Brannon e;:plained that a Cax 17ash �ras bein� planned for tne narcel in auestion, She had a pi.cture of �vhat the nronosed Car l'lash rrould lool; lilce t•ihen it rras conpleted. Vice-Chair�aoMan Gabel aslied r�hat hours the Car ;Jash rrould be open, t�ir. Brannon saic that the Car 'tJash eiould be open Z4 hours a duy; hor:ever, he sai:1 that a maintenance tierson ti•�oulfl be available fron '7:00 r1,I�I, until 11 :OQ P,I�;, Tir. Brannon indica.ted that they i��ere tryin� to put together a"MOdel" car �•�ash for the entire State, Vice-Chairrior�an G�bel noted that the Brannon�s �:oulc be encounterin� a problen as far as havino to dig into a very steep nill. rir, Holden er.tilained that the property line per se caLne at the crest of the hill and it sloped dorm tne hill at roughly a 3 to 1 slope so that the bottom of tne hill crould be about 30 feet fron the nroperiy line. Vice-Chairr.roMan Cabel ��ranted to knor� ��here the eightli stall r�ould be on the picture. -Air. Holden said that it rrould be ten feet doi•m hill, iie had a picture that shoc;ed the lot that vas being discussed, bir. Eannon said that there lvould be a retaining ivall across the broperty. t:e said that it ��ould be landsca�ed along the ��all to c�ake it very pleasin� to the eye, Vice-Chair��fo�an Gabel auestioned the reasons for the Bannon's ��,ntin� ei�ht stalls. 2 DD Mr. Bannon e•r.pl�.ined that they :�ranted to provide maximum r>ervice to ths ACOn1C and he felt that in the r�inter they rrouYd neec a11 ei�ht stal.ls to accomrolish that type of service, iie a.1so said that the equip�ent and syste:ns r��re set up in nodules of trio. Iie also feli; that the �esign ��a� raore a.esthetically plea.sing rrith ei�ht sta.11s. tdrs. Bannon felt that to remove trio bays, resulting in ju�t �i:: c�.r rrash stalls ,rould not be economically profitable. t4r. Brannon indicated that several different rra.ys of la.yinU out the plun had been tried. Lio�:�ever, re said that tne �resent nlc.:l FJ2S tne only rray the pronosec: Car l7ash could be done, .:e said th2t tne traf°ic f1o•r: �aas better accomplished °rit'a tne plan a.t iiand, There lras a briei discussion about the traffic proble�ns on 53rd rlveaue and the �ro�osed ic�prove:�eats that r:ere going to be done to the street. Mr. Bannon said that tney nlanned to nut in sone type of screenin� ai t::e to� of the hill for both aesthetic and safety reasons. t�Ir. Barna. suggested they consider somethino cn ti_e order of a r.lulti-il�ral rese ned�e, :ie ex�laine:: �hati that �articulzx her,�a ^,as very dense and r�aulci discour�,ge anyone from 1•ralking throuon the �r000sed screenir.�. Mr. Bannon said tnat the;� �aould rather consi��er some tyne of hecige ior screenino rather than a f.ence, rfr. Holden indicated that fron a buildin� standpoint there rrould ha.ve to oe a 42 inch �uard rail renuired und�r Cit� Co1e alon� all the areas tnat 'the sloroe •nas not at the required j to 1 slone, He exalaineci tn�t because the Bannon� s;,ere developinb the� land, tne5 r�o�ald be respor.sible for tile installa.tion of the �uard rails, T•ir. Iienpar asl�eu if there c:ould be any provision to alleviate the r�ater runoff from the cars in the c�inter that could result in �ce forming on tiie streets near thc car rrash. Mrs, B,ainon sai3 tn3t the5� ;rere considering tite installation uf �n air-dry cycle that ttould be installed into the systems th�t efould arovide n certlin �u�oi:nt of time�of just air th�t could Ue used to blotir the excess r�ater off the clrs a�ter they had oeen rrasiied, She did point out that the festure i�roul:l only be a^i�:.tter of choice. She said tii:it it �iould be oifered 'uut it rould be up to the custor.ier rri:ether he used it or not, nrn::nr � r,rn>>rir�szo;r i,��,,TI1dC — AU�UST �.,, 177 P��.,, �� '* 2. EE Mr. Kemner asked if the number of stalls rrere reduced to seven, c�ould there be a need for the variance, and v�ould a retainin� s�al.l have to be. built. Mr. Holden sa.id that the retaining tvall �vould not be necessary. Mr. Kemper said that a� best he could fiSure, they al:,o t��ould not need the variance, He fioured they rrould meet all the setback requirements, P•1r. Alber�otti indicated that seven stalls �nould not be economically feasible to the Bannon�s. 2�ir. Kemner said that he rras having trouble zcceotin� the idea of a ten foot retainin� ,�all •.�ith the necessit�� of a guard ra.il and. hedge screening, ??e felt that the area. of the hed�e and ouarc�rail i•rould becor.le a catch-al � for debris and he said he �,�ould be more cor..fortable ��ith the idez of only seven sta.11s,thereby alleviatinS the necessity o� the �aall and lzedbes, etc. P'Ir. Bannon suggested that they could tal:e si�: inches off eaah stall and he rranted to kno�� if by doing so, r�ould it eliminate some of the problems, Mr. Holden said that the further the buildinb ;ras array fror� the hill, the be�ter. He said that tliey ti:ould still have to maintain the hillside, Vice-Chair��oman Gabel as?�ed if the Bannon�s r�ould agree r�itn the 15 foot nunber, 13r, Bannon said that ihe epuipMent roon could be made 1'i feet and each ba3r could be �ade 15 feet. Iie said that the one vall r�ould be �ade one foot thicker thereof creating a retaining ��all. t•i0TI02I by tir. Plemel, seconded by P,r. Barna, to close the Public Hearing� Upon a voice vote, all voting aye, the motion carried unanimously. The public Hearing r�as closed at 9:42 p�t•I, P1r. I'lemel felt i;hat it ti��ould be an acceptable com- 2 FF . promiac :to 'reducethe variance request from ten feet to fifteen feet. rir. Kemper said that he still i�asn�t comforta.ble lvith the slope. IIe �ras still concerned t�ith the safety factor, t4r. Holclen explained that the slope r�as rouohly a 3 to 1 slope. He said that one had to theorize rrhat exactly it trould look like. Vice-Chairrior.�an Gabel said that there r�ere definite advanta�es to havino the re�r yard setbacl; at 15 feet rather than 10 feet. She said that not navin� to build a large concrete ;�a.11 and 'navin„ to have barriers and all at both ends made the corapromise very reasonable. P4r. Kemper said that because of the econoraic hurd- ship oi havin� one-ei�ntn of the enuibnent non-oner�.tive in havin� on)_y a seven-stzll car tisasn, he 170U1.Ci �o alono t�iith the request.that allo��ed for the eight-�tall car vas!�, 2•ir. Barra saici that the economic feasibili�y oi having eight st�,7.ls ratker than seven stalls because tne;� r�ould be increasino their incone by 1/8, ��hich ��rould then, over a period ef ti:ne, cover the cost of the iraproved site preparations. I•ir. Holder. su��estecl that i•1r, & bfrs. Bannon and the owners of ��:�bers get �ogether and decide sone ir�provements that coulfl be done to elininate any potential safety hazards that coulu result. _ ASr. Bannon said that they ti�rould get together �•�ith the otmers of �;mbers. � P40TIOP1 by i•ir. Plemel, seconded by P�ir. Barna, i:hat the Appeals Cor,unission abprove the reauest for a variance of Section 205,1pj, 4� (��2?� �o reduce the rear yard setback from the re�uired 25 feet :�here no alley exists, to 1S feet, to alloer the construction of an automobile car r�ash establishMent on Lot 2, Bloc:z.1, Target :lddition the � s�e being 775_53ra avenue r��, Fridley, Alinnesota, Ution � a voice vote, all voting aye, the motion carried unaninously, I , j Vice-Cllair�rrom.vi Gabel indicated that the item vrould appear be.`ore the Planning Cornrnission on ;eptember 11�, lg�']� ADJOUB: •',�isi'.T . i•iJTI0i1 by I?r. Kenner, seconded by t4r. Ple^�el, {;o adjourn the �u;;u�t 23, 19�7� Anneals Com:nission :neetino. Upon a voice vote, all vot•in� uye, the Mot:3n carriel unanimously. The neetine r;as adjourned at 9:1+9 P,,•I. Re�pect�ull� SuoL�itted, Z��,a��.1��x3�2� t•3aryLee Carnill Reco:air_� Sec^etary 7. GG'. � � 2 HN Pir. Ilolden said. that it r�ould be possible to put some fill arounc� the treea. Ee o�?ly reminded ttr, i-i�iloy that he hac1. been made �z:are of the problem, i•IGTIGr; by ;.Ir. Barna, secondncz by lfr, Kenper, to close the Pu:olic :�e�rin�. Unon a voice vote, all votin�; aye, the motion carr? e�� un�.nirnously, Tne Public FIearin� rras closed at g: t;o p,,.r. :ir. ?�xn�. s� ici that the house and garu3e +,fould be further oacl> on the lot than most of the houses in the �re^ even if the vari�nce rrould be gr�tec?, ;iCmr�;i oy t�:r, Barna, secondecl by i:r. ge:�per� that the :";p�eals Co;�;�=s�ion aprreve the renuest ior va.riance oi Sect_on 205,Ojj, t�, .n., l�r� ciley City Corie, to reduce the re�uire6. _a-ont �*ard se�bac'i o� 35 feet to 2j feet� to allot�� th� COlISLSUCtion or a gara�e, locateci on Lo�s 22, 23, 2t} anc� 25, 3ioc'z u� �ivervier� i;eights, the saMe bein� � . 0051 3ro�� __venue r•;,��„ i�riciley, :�;nnesota. Uoon a voice vote, a11 vo�in� a�re, the not;on carrie3 unani;:iously, Chairrerson Scnnabel said thzt tne variwnce reauest had been ?.�7reved �nd tnat Ifr, f=ialoy ;r�.s free to ap�oly IOS' a bU'_� C?111� U2T'IIlli�.. � !`T n . R"� �J�51 i�n� t,r�nlf:':C� C'_�' S;sr,ml0.,r P � 1^�t:"2Jr � �Q3e 4e : , FRIDJJY ., � unbla T,?elohtS, t�':I't 55�.21 } . '`C�^I0�? by i_r. Barna, secon_�ed. by t•ir, ;ter�rer, te open the Public ..e�.rir_�, Unon a voice VCLB� all �otin� aye� tne r�otion CBrri gn Uri?.ri? H!CliS� y, The Puolic F_earir!g r:as onened at n:49 P.ii. •• i'� � rrp r n =�.''"i1�'._.v .y�T\:' an�L',i �ii:�1'Q:'�T� _ i:in i .]. PU3LIr PUP�i-03? S�Ri!?7 ;v T�� o.-��j�•, - �iJ.�.U�..�.3��1J��:�. • Sectien ?05,103, !+, ., recuiring a 35 �'oot ninir.iun frcnt y�r^ setback in a C-2 Zone, Public Pur�ose served by tnis section of the code is to �rcvice de�ireci front yar� sn�ce to ae used for �j�n°?1 r.rc�.s OZ' 3CC°SS 111C1 1C�(: t0 t��l@ c^..t''i.T'ACtc^.b1�.].t�j Oi A Co;n•:�erc� aJ. zone. � !1PP^".L.S C01•!P3ISaI0PI t4ts��TIIir - SL,PT �•iBrR 2� 19%� P�e;;e 17 2 II B. ST�T_�D .I.�P,�SIITp; r�xtrer�e fir_ancial hardship. C. AD.tIi'I�T_°,.�TIV� ST:LF"c' R,VI:,':1: The petiioner e�ishes to re luce from 35 feet to 27.5 � feet. parking in the :ront yasc:� th„ to this request. the front yard setbac=c Since there �:rill be no � staff has no objections Chairperson Schnabel said that there had been a typir_� errox and that actually t'r_e request s�ras ior z variance of Section 205.tOj, y., A, rridley Cit�� Cod.e, to reduce the reguired j5 foot irent y�zrd. setback to 20. feet... Pis, Brannon said. thut they had talked to all tne adjacen� I�.nd orrners �.nd thPV hac? no objections to the request, a"he said tiiat by moving ti:e auildin� forrrard, they �rould be increa.sino the reas y�rd thereby getting flarther ar:ay from the nilisicle. 2-ir. Brznnon explained tnat they rrere tzlkino about an unproxinate a2j0,000 investnent and tha� at that point they r;oulc defini�ely e;a.nt tne eight bays, T•fr. Br�r_non ea�laineci tnzt -there r;ould be ai�ht 15 foot ba3s and a 1t� fcot utility roon, �e said tna.t t:�at r;ould reaul� in a 134 foet building, I•Ir. Kemper seid that since a 15 ioot rear yard. had already oeen ap�roaec�, h.e coulci see no problem i�:ith the request to incraase the rear yard nore. Chair�erson Schnabel said. that the front yard r;ould be cor:!pletely landscaped an:l that there rould be no parkir_o allo;:�ed. The Brannon�s aoreed rfith her statement. Air. Brannon inf�rmed Ci�airberson Schnabel that the internal improvements {that sne had been concerned about) �rould be cione by tnis fall, Chairperson Schn�:oel rtas Most pleaseu� to hear that ne�fs. Chair�erson Schnabel asl,ed ii there ti�rould b� any encro^c!?<ient a�reer,lent betr:een the P�rannen'� and T<^.s;;et since 't�1C drive�r:�;.� �'Oi(�.;i 1?Q U�Z`�1:?.�..1�' Ori the 3r�^nnon�s U.iO_L'1°T'tjr �11'.i nAI`tilc^.�.� �J OR 115�@t � S �JS'OA@T �� . APP �:+I.S COI1?•tISSIO?I P1'�`"! Ir�r - S�PTTi.?B?,'F2 ?_0, 1977 P•i�e 18 -- 2 JJ Ns, Br�:r_non caid that the encroa.chr..ent � greenent r�ould be nart of their contract for the property. She said it rroulcl be included in the purchase a�,reement. rir. I�emper a�ked if the t�enture F��ould 'oe a full-tir�e thin� for P�?r. Brannon, 1•ir, Erannon �aid thac Lhere r�ould be a full-tir�e naintenance nerson at all tit^es, Iie said the bus�nesU .•roula operute iror� 6: d0 i,f•I, until 1 1; 00 P,?•1, 1°is. Erannon s�id that tne business rrould be orm ed and run b�� their f2�?ly, Sne said that this �t�as the first ousiness venture £or t7e faraily �,nd that it rras indeed a �reat learning e::oer�enca. t40TI0P; by t�_r. KeMroer, seconded by ttr. Barna, to close the Puolic Hearin�,. Upon z voice vote, all votir� aye, the �otion carrie& unani::iously, The Public ?Iearin� r;as closed at 10:07 P,ii, Cnairpersen Schnabel said that a nei•r notice �;rith the correction ,°rould have to be snnt to the adjacent property ormers. Y�i0TI0li by R?r, ::emper� seconded by P•:r. 3�rna, that the ��poeals Cor.2nission arnrove t?:e reauest for vasiance or Sec�ion 205,103, 4, A, rri:iley City �o:ie, to're:iuce the required 35 �oot fron{: yard. setoac�� to 26,5 feet, to allorr tlie construct�on of a car;��as:., to be l�cated on Lot 2, nlocl> 1, iar;;e lddition, the same bein� 775 53rd :lvenue id,?, , Fridley, t•iinnesota. Ution a voice vote, all votin� aye, th� Motien carried unanir.•tously, Cnzir�oerson Schnabel in�? cate3 that the ite:;i :•;�uld go te tne PZ2nnin� Co�:i.-�ission on September 2�, 1977, and then on to City Council. T�,r. Erannon said that they r:ere on tiie a�encia �or City Council on Septenber 26, 1g77, Ch�i-ri>�rson Schn��bel sair.l that the barticulur item that nzd jast been nan��led riould no� oet to City Co�mcil that nuic':;ly, She said the ?�!inutes of the �ee�in� �rould first have to be received 'oy the Plannin� Connission rrhich �:ould not meet until Septe:�ber 2S, 1977, and then go to City Council after that date, :il'P�'s :La^ CG?•iI:ISaIO;? P�ir :TT;dC — SRPT''i�1F3E� 20 1 �77 Pa ie 19 2 KK P4s, Br�nnon asti;ed if a b��.rtial permit coulc be granted so that t,iey could �et the blacl;tonnin� oroject started, Sne indicated that they neec.ed to �et that aroject comp3eted be_°ore idovember 1, i97'], or else they aould�hcve to �rait until Sprin� and that �:�ould not be econor.iically de�irable, Ch�ir�erson Sciznabel sug�este:�. th�..t tae 3r�nnen�s ca11 City ±;all tr� confirm that they r�ere on t:z� ;:,r,enda for the aenter..oer 26, 1977, Cit� Courcil TMeet:r� and to find out �:nich iter.is rtould be discussed, 2-ir. Holcen sa.id that if ihe City Ccuncil �.rould hea.r the Snecial. tise Perr.tit renuest on ,•[onday� ueniember 20, 1977� and a�nrove it in s��me �;a;� r�t'r,er than tc table ii, tren City '_-iall r.•ou2d 'oe a:ole to allo�: excavation to begin. Chtirnerson Sclir±?bel sa? u. tnat the orevious t��o iterns could be cn ihe �e:�tei:�ber 2uth City Coun�il __�en�<a, She t''.OZ.C� �'I1B Brannon � s� to � 11fo?'m L'_rlB O8'_'SOT: �il°� •� �� i: t0 t11c.t �1'!@T'2 ii2�a been another V�^.,Y'].2.hC@ ra�uest t1!3� �he :,pTJB��S Corariission hacz reconnendec: aa:�rev�.l on an�: fi:�c:. out �:�hat could ?�ossi�ly be r;or�e,� out,µ Ch�ir�ersen Scnn2:oe1 encoura.�eci t]:e 3r?nnon�s to be sure tC contact '�IlB City I`zna�er�5 Dii?C8 2_r_�; g�'r121ri the ��hole si�u�.tien to them. - "??JOII�?� ; ; -,'_..� ,, hiOTIQ=i by i•ir, iarna, seconcieci by t�:r, :en��r, to adjourr_ ��e Seotember 20, tg77, �;n:;eals Co��*ission m4etir_g Uner_ 2 V01C@ FOtEp 2� � VGt1?l� �;�>2� �j1E .n:,� �i_�si cNrr� B.^, • u��,,-?inously �" � - e ine me�tin� :!as aa�ournea : t 10• 17 p,t�, i2esnect�ul�y subraittea� �GU �Z�'e�_��Z�t.e?�c-+' i:ary.Lee C�r?�ill Recorc'in� .5ecre �ar� 3 CATV COI•II�LCSSION MEETING. AUGUST 31, 1977 t�MBERS PRESENT: Mark Scott, Kenneth Brennan, Carolynn glanding MEMBERS ABSE�T: Ed Kaspszak, Ed Dunn OTHERS PRESENT: Clyde Moravetz, Staff Representative Chuck Hungerford, Manager of GTV Anne Davis, State Cable Commission Douglas Hedin, Attorney Blake galzart, City of Fridley Communication's Aide CALL TO ORDER: Chairperson Scott called the meeting to order at 7;45 p.m. At this time, Mr. Moravetz introduced Blake Balzart, the new C.E.T.A. employee who would be Fridley's Couminications Aide handling public information coming out of City Hall such as newsletters and the annual calendars. He would be involved with the CATV Commission inasmuch as he would be coordinating the public access or local origination program as part of the City's responsibility of coordinating between City, school districts, and libraries, at Least until the pnoka County Communications Workshop got off the ground. pyc. Moravetz stated that he felt Mr. Balzart would be a valuabl� asset to both the Commission and the City of Fridley. Ms. Davis announced that the Minnesota Cable Covmiunications Board would be having a public hearing on the Line Extension Policy on pctober 6, 1977, at 6:00 p.m. at the State Office Building. She said the Commission and the City would be receiving official notices by the end of the following week, but she thaught the Commission would like to be aware of it at this time. She stated that the Board was soliciting any comments on. Line gxtension Policy. APPROVAL OF JULY 6, 1977, CATV COD�AiISSION MtNUTES: MOTION by Kenneth Brennan, seconded by Carolynn glanding, to approve the Ju1y 6, 1977, CATV Commission minutes as written. Upon a voice vote, all voting aye, the motion carried unanimously. I. OLD BUSINESS: A. Approval of Additions to Cable Ordinance; (405.225, 405.226, 405.253 (1) (2), 405,254, Hedin Memo: July 15, 1976, Hedin Memo; August 11, 1976) (405.051, Hedin Memo; April 27, 1977) (405.116, gedin Memo: July 6, 1977) (405.011, Subd. 9, Hedin Memo: July 6, 1977) 3a CATV COMMISSION MEETING, AUGUST 31, 1977 Page 2 Mr. Scott stated this was the packet the Commission members had received with the agenda. This included everything except the items that were passed by City Council at the public hearing a couple of months before. He stated that at a previous meeting, the members of the Commission had decided that they felt these changes should be included in the ordinance, but that they wanted one more look at the wording and hov the packet was put together. Mr. Scott stated there would be a cover letter with help from Mr. Hedin explaining the packet to the City Council, and Mr. Scott said he hoped that all the Co�ission members would be at the Council meeting concerning.a public hearing. Mr. Moravetz stated that the amended ordinance which reflected the changes passed by City Council was Ordinance 646. Mr. Hedin stated that the F.C.C. may already have changes regarding the last page of the packet, "Proposed Amendment to Section 405.011, Subd. 9". He stated he did not have a final reading on the F.C.C.`s proposed amendment, but it could make that last page obsolete. As soon as he found out this information, he stated he could pass it on with the proposed amendment to City Council. Mr. Hedin also stated that the Co�ission may want to have the "Proposed Amendment to Section 405.116"(3rd paragraph) just for discussion purposes--he did not know whether the Commission wanted to submit that to the City Council at this time. MOTION by Kenneth Brennan, seconded by Carolynn Blanding, that Section 405.116 (3id paxagraph) be included with the packet to be submitted to City Council, and that City Council consider and establish the monetary amounts. Upon a voice vote, all voting aye, the motion carried unanimously. Iir. Scott stated he would put the packet together with a cover letter. Mr. Brennan stated the past meetings' minutes reflected the considerations the Commission had on this matter. He felt the packet shoula go directly to the City Council as it was at this time, with the letters from Mr. Hedin to be included. Ms. Blanding agreed. 24r. grennan said he thought the cover letter should also reflect the length of time the Commission had been discussing this material. Mr. Scott stated that at this time he would like to see a motion that this packet, as it now stood, including the last page on Section 405.011, Subd. 9, be the packet that was proposed to City Council for the proposed amendments to the ordinance; and that by the next meeting, a cover letter would be completed by Mr. Hedin and himself. If the contents of this cover letter were agreeable to the Co�ission, it would be passed on to City Council for the City Council's consideration pending possible changes in Section 405.011, Subd. 9, and whatever the F.C.C. di3 between now and then. Mr. Brennan stated he felt the sooner this was passed on to the City Council, the better; and he did not feel the Co�ission needed to review the cover letter at the next meeting. � CATV COAQIISSION MEETING, AUGUST 31, 1977 page 3 Mr. Hedin stated that in the cover letter, it could be sta[ed that it had come to the Conmission's attention that the F.C.C. may have changes regarding gection 405.011, Subd, 9, and that the Commission would give this information to the City Council when it was received. That would be justification enough for the Council to proceed. MOTION by Kenneth grenaan to set a special meeting for Wednesday, September 14, at 5:30 p.m. to review Section 405.011, Subd. 9, and to review the cover letter. MOTZON by Carolynn Blanding, seconded by Kenneth Brennan, to amend the above motion to set a special meeting for Wednesday, September 14, at 5:30 p.m. to get an update on Section 405.011, Subd. 9, review the cover letter, and approve the packet as it now stood. Upon a voice vote, all voting aye, the motion carried unanimously. B. Public Access - Progress on Study Mr. Scott stated that since the Commission was missing two members, there was no progress to report at this time. He stated that at the next regular meeting he would put together a packet on any information he had for the study, have it typed, and sent out to the Coam�ission members for discussion so the study could get under way. �. gudget Report Mr. Moravetz stated the budget was in the discussion stage with City Council. The Commission had requested $8,700 and the City Manager had recommended that be reduced to $6,800. He stated that was the City Manager's recammendation and was still subject to City Council approval or rejection. Mr. Scott stated he did not know how the Commission could operate on $6,800 in the coming year. He stated that if the City Council did not want to fund the Commission, he would be happy to not meet as frequently as the Covmiission had and to not do the studies they were undertaking or to finish the access study they were doing aow. MOTIOPI by Kenneth Brennan, seconded by Carolynn Blanding, that Chaitperson Scott send a letter to the City Council,in care of the City Manager, s[ating that the CATV Co�ission did not include any funds they felt unnecessary or inflated in the original budget and the Commission felt they needed the fu11 amount. of $8,700 they had.originally asked for. Upon a voice vote, all voting aye, the motion carried unanimously. II. NEW BUSINESS: Mr. Hungerford showed the Commission members the headline article in the current Sun Newspaper regarding the Atlanta Channel which would be here in October. He said they were all getting set to put things in high gear with their fall promotion after Labor Day. Ae stated that GTV had sent copies of the Sun Newspaper to all the homes in Fridley to advertise the Atlanta Channel. 3C CATV COMMISSION MEETZNG, AUGUST 31, 1977 page 4 A. GTV 1977 Business Report Under "Following New Construction Has Been Completed" of the GTV 1977 Business Report, Mr. Scott asked Mr. Hungerford what percentage did this toCal up to in completing access to the cityp Mr. Hungerford stated it was between 80-90i Mr. Scott asked if there had been any progravm�ing dropped in the last year. Mr. Hungerford stated they might drop "Supersports" as they were having trouble with the company.providing the program. They might also drop "Vintage Movies" when the contract ran out. Also, "Real Estate" was being replaced with tha "Automobile Channel" Under "Additional Progra�ing Planned", Mr. Hungerford stated that "Christian Broadcast Network" and"Madison Square Garden Sports Package" did not look promising at this point. He said the Access Proora�ing was up to the Conmission. Mr. Scott asked Mr. Hungerford what GTV had pianned in "door-to-door marketing and promotional specials". Mr. Hungerford stated that, first of all, Atlanta would give them $1,000, so they would have something to work with. They would have a direct mail piece to be sent to every home in Friiiley telling about the Atlanta Channel. They had an abundance of extra home box office guides to which they would be stapling cards saying they would now be selling both services together. These would be �laced in all business places in Fridley. They had an offer starting September 1 for a free month on both services with a$10 installation fee. After Labor Day, they would start with the telephone campaign calling all disconnects and telling them about the Atlanta Channel. Ptr. Scott stated that the next time the GTV business report was due, he would liice to see things like: how far along GTV was (percentage-wise) in completing access to the city, which areas had not been reached yet, and possibly a loose timetable of when they thought these would be reached and the problems they foresaw, progra�ing that would be dropped such as the Vintage Movies, etc. 8• Report on League of Cable Commissions - Ed Dunn Mr. punn was notpresent to give the report on the League of Cable Commissions . 0'THER BUSINESS A. Date of Next Meeting Mr. Scott stated that the Coonnission would set the date for the next regular meeting at the special Commission meeting on September 14th. CATV COPR4ISSION MEETING, AUGUST 31, 1977 page 5 ADJOURNMENT• 3D t40TI0N by Carolynn Blanding, seconded by Kenneth grennan, to adjourn the meeting at 9;00 p.m. U�on a voice vote, all voting aye, the motion carxied unanimously. Respectfully sub tted, �`l:i,•�%' ";'c"_, !C(,/.� LyniiA Saba Recording Secretary . 4 CITY OF FRIDLEY CATV SPECIAL CO�+IISSION MEETING Sepkember 14, 1977 5•30 P m CALL TO ORDER: Chairperson Scott called the meeting to order at 5:30 p.m. ROLL CALL: Members present: Scott, Brennan, Kaspzak, Dunn, Blanding Members absent: None Others Present: Douglas Hedin, Attorney Clyde Moravetz, Staff Representative Chairman Scott stated that this special meeting of the CATV Commission was called to allow Commission mer.�bers to jointly review and approve cover letter and background naterial to Mayor and City Council on packet of proposed amend- ments to the CATA Ordinance. � � Mr. Hedin stated that the last three pages dated July 6 attached to his mn�no of Jnly 15, 1976 to Fridley Cable Commission, subject: "Proposed Amendnents to C71TV Ordinance" should be deleted and replaced with new letter dated 9/14/7?. MOTION by Dunn that Section 405.011, subdivision 9, as presented to CATV Commission this afternoon, replace the original 405.011, subdivision 4 dated July 6, 1977. Motion seconded by Brennan and upon a voice vote, all voting aye, motion carried unanimously. Scott asked Dloravitz to r.iake changes as indicated above in preparing packet for Council presentation. Referring to letter dated September 14 to Mayor and City Council, Scott asked Commission members to pay special attention to last paragraph qf the cover letter. He s�ated that if the Council does not pass ordinance changes submitted therein, they should take some alternative action. Kaspszak suggested that fourth paragraph, third line of letter under discussion be changed so that it reads that reason City is abiding by FCC rules is because of Ordinance. Discussion followed this suggestion, but no changes were made to that paragraph. Scott made reference to Frank Leibl's agreement with the FCC and stated that Cosmnission has agreed that the rules we have in the Ordinance cannot be enforced; he stated that there are two different opi��ions -- that of Mayor Nees' that says the agreement is no good, and if so _, they will repeal it; and Douglas Hedin's opinion that we need to make these changes in the Ordinance as outlined in our packet to the Council as discussed here tonight. 4A Fa Kaspzak indicated that he wanted to be sure in his own mind that City Ordinance does, in fact, fa21 in line with FCC rules. Scott stated that it would with these changes. MOTION by Dunn to accept covex letter from Scott to City Council dated September 14; motion seconded by Kaspzak. Upon a voice vote, all voting aye, motion carried unanimously. Brennan called attention to the third paragraph of Scott's letter wherein he indicated_that only a glancing reference was made to legal counsel's appeal to the FCC, and said he felt that should be spe2led out more explicitly. Scott indicated that Brennan wanted variance spelled out, with very specific reasons why the appeal was withdrawn. Mr. Hedin indicated that actually there were two reasons, as stated in bottom line of page pf background letter he wrote. First, agreement of April 22; and secondly, and most importantly, FCC abolished old access rules which we had operated under, and adopted entirely new ones; FCC's new rules, which they adopted in May of last � year, did not apply to Fridley. Even if City did not have the agreement that Mayor Leibl signed, fact is that we still have less than 3500 subscribers, so the FCC's new rules would have brought whole thing to a close, and that is what should be spelled out in the third paragraph. Scott indicated he expected full Coimnission to be at the Council fieefiing on September 26th.to answer any questions that are reaised by the-Council members and Piayor. Mr. Hedin indicated that one of the reasons the background m2terial is so detailed is because a goocl amount of history has been verbal, and it is important to wrap up in one document where Commission has been and where it stands right x�aw on these issues -- in this way, Council cannot say that they were not in- formed. MOTION by Dunn to amend his original motion accepting Scott's letter to in- clude amendment to third paragraph, i.e.: "An appeal to the FCC followed, which was later withdrawn because the FCC adopted new public access rules in 1976 and because we discovered that the City Council in 1974 agreed not to enforce these sections of the CATt� Ordinance. " Motion seconded by Blanding, and on a voice vote, all voting aye, motion passed unanimously, Scott asked Clyde to amend packet to Council to also reflect changes indicated in above motion. 4� -- -- ��_. .�.cccin - se tember 14, 1977 Pae3. Mr. Hedin indicated that amendments do not include paragraph about penalties because Mayor Nee felt there was some legal problems with that, and that the ordinance could not be changed without going to another referendum, He stated it does not involve CABLE so much as it is an interpretation of City Ordinance. Scott stated he had received a letter from Mr, Hungerford today re character wiilrstill•havee neachanneZ but GTVaisel askingl ora$623gso thattthey.canity add paqes to their character generator so that City can continue their present use. Mr, Iiunqerford has already talked to Mayor Nee, so it might be helpful if Commission were to pags a motion in effect saying that would be a small price to pay. Moravetz said his concern in discussion with Nasim today was if this $623 is paid, that City get some agreement from GTV to continue using their character generator for a minimum of five years, and that the City will be reimbursed after two or three years a.proportionate share from GTV (say $IZS.each year) if .. GTV should �ater-take over MOTION by Brennan that Co�nission advise the City Council that they feel the $623 investment requested by GTV is quite reasonable for the services to be continued. Motion seconded by Dunn. Upon a voice vote, all voted aye, except Kaspszak, who voted naye. Scott stated that Ed Dunn will be on agenda for next meeting. He also stated that Blake ' is going through everything available on pvblic access study and will present it at next meeting, If any members have anything on access study, Scott asked that it be given to Moravetz. NBXT MEETING: October 27, 7;30 p,m. AA70URN,�NT: Meeting adjourned at 6:20 p.m Respectfully submitted, C'/.'.?. t,;ii.�. Verna M. G� Record3,ng.%S e cretary . .._. . .._.� .l� __. ...-� . ilr_.._...�,'J ��` / Cl�i'Y 0� ��s"�'�.�°� 8C31 UNIVERSITY AVENUE N.E., FRIDLEY Dear Mayor and City Council Members; MINN[SOTA 5543 TEL�EPHONE ( 612)57t-3450 September I5, 1977 Enclosed is a packet of proposed c�rendments to the C�iTV Ordinance. IneZuded rvith each nerv omendment is an explanatory note on the reasonino behind this change. In August of I975 GereraZ Television of Fridley made many changes in progrcvrmi•rtg and staff. These ch¢nges brouaht about a demise ire ZocaZ origination of progrcmr- rring and the virtuaZ end of pubZic access as it hud been knomn. The Cable Coinnission irmnediately shoraed its displeasure ir. these moves and entered negotia- tians on hov to remedy this gap in crpproach to cable prcgr�niny, An attorney, Mr, DougZas Hedin, rvas retained by the Corunission to test or.e of CTV's prograrening policies; pay-caole as ¢ sepa.rate service. An appeaZ to t�e FederaZ Cor.•r,�1nications Correaission foZZo�ed, r.:;zich. raa,s Z�ter wit;adr¢i.m because the FCC adopted �sev pubZic access rules in 197E, and beccruse we discovered the City Cour,cil in 1974, cgreed not to enforce three sections of the CATV Crdinance. The Cable Co.TMmission, afte-r over a�ecrr and a half atudu, has �ater•mined �h,;t these varimicas �n the Cable Ordinance need t.o be corrected. h.'an� v� tiin. eharg�s proposed foZZvw the most rerent FCC ruZir.gs, rvhiclz the Cit� rr,ust ahide witi,. Tlze Com✓rrission feels the proposed ar„endments rnust be �,vade if tne Citu is to hdva an ordinance tl:at can be used to govern cable aetivities in Fridleu. Phe Comnission feeZs that if tixe Council is n.ot ready to make tkese arrendment changes before them, the Council shouZd be p-nepxred to take the foZZor�ina �etion: (11 repeal tize agreement made with the rCC, autlined in a Zetter dated April 22, 1974, �igned by then h?ayor, Prank G. LiebZ (see enelosed). (2) take mhateve:> ZegaZ actior, is necessary to chaZZerge the PCC's atethority ir. regulating ";aiz¢t is essentially ¢ I,�CAL public utility.'� ;'his ehccZZen,e u+ould ir.eZude; �ettirra Zevel of gross systern revenues to be paid to the City, ';,'or :�ce in fuZ�'illin`;y the public-service promise of CATV'; tne number of required access eha�xnels; that aZl. pZans, �ervice proposals and rutes be subject to tlse crpprovaZ of the City Council. Quotatio7zs taken from "The FCC versus T1ie City of Fridley" brief prepared by Mmfor d'ee dated April 2, I976. Sincerely, �2��-�� Afark Scott Cable Canar!ission Cl:ai2g�ersor A:S/3rs Ertc l.osures E 5Fl City of Fridley CABLE TELEVISION ADVISORY COMMISSION Recommendations to City Council I. BacY.ground 1. In September, 1975, General Television began offerinq a subscription cablecasting service called CINENIA III. This pay cable service consisted of twelve first-run motion pictures each month, for which the subscriber paid an additional monthly charge of $9.95. 2. In early January, 1976, GTV began installing special filters on the sets of subscribers who wished to receive only the Cinema III channel. After installation of the filter, it was physically impossible for these subscribers to receive the access channels, the local origination oroqramming, and ir,�ported television signals. The establishment of the filters transformed our city's cable system into something quite unlike anything envisioned by the city officia].s who granted the original franchise to GTV. Wnile traditional cable service, including access service, is carried on most of our cabie system, a large part consists only of a single channel, Cinema III, which does not carry access programming. 3. In late 1975 and early 1976, the members of the Cable Television Advisory Committee and nembers of the City Council were concern2d that subscribers to the pay cable channel did not receive the multiplicity of channels, locally originated programming, nor the designated access channels, all of which were promised features of cable television when the original franchise was granted to GTV. Moreover - and this was very important to several members of the City Council in early 1976 - city streets and thoroughfares were used to provide Cinema III service, but the city was not able to receive Sg of the revenues derived from this pay cable service because this was prohibited by the Federal Communications Commission. 9. In �4arch, 1976, the dispute came to a head. The City Council and Advisory Commission believed that GTV was required to provide access service to each and every subscriber. The city and commission based their position on the requirements of Section 905.253, Subdivision 2, of the city's ordinance, which rec�uired that "each subscriber's home shall have the capability of receiving" the designated access channels. In contrast, GTV took the position that the city may not require it to provide the three access channels to its pay cable subscribers because the PCC had preempted all aspects of pay cable and had prohibited local imposition of conditions on the operation of such subscription cablecasting service. To resolve the dispute, the City Council decided to seek an advisory opinion from the Federal Communi,cations Conunission. However, before the FCC rendered its opinion, two events occurred, whicli dramatically ehanged tlie legal status of the dispute: first, it became known that the City Council, on 11pri1 22, 1974, informed � the FCC that it would not enforce Section 405.225, 405.251, and 405.253 (1) and (3). of the Ordinance because these sections conflicted with the rules and regulations of the FCC. Second, on May 13, 1976, the FCC adopted new regulations regarding access channel requirements. 5. The FCC's 1972 access rules, orhich were in effect when the original franchise was qranted, required GTV, which is a system in a"major market," to have four dedicated access channels, regardless of the number of subscribers. The FCC's 1976 access rules apply only to systems with 3,500 or more subscribers, regardless of whether that system is located in a"major market." Because GTV's Fridley system has less than 3,500 subscribers, the new access xules do not apply to it. idoreover, because of the city's "agreement;' contained in its letter to the FCC on April 22, 1974, the access requirements in the local ordinance are unenforce- able. Today, therefore, there are no access requirements, either federal or local, applicable to GTV's Fridley system. 6. In May, 1976, when the FCC revised its access channel require- ments, it recognized that some local qovernments may still wish to reimpose access requirements on smaller cable systems, such as that in our city, which have fewer than 3,500 subscribers. The FCC stated, "N7ith respect to sy.,tems under 3,500 subscribers, we will not preclude local. authorities from mandating channel capacit� and access obligations as long as these do not exceed wnat our rules required of systems with 3,500 or more subscribers." The access requirements contained in the present City Ordinance (particnlarly Section 405.253) exceed the FCC's 1976 access rules. The access provisions in the city's ordinance are either unenforce- able or invalid on two qrounds: first, the city has agreed with � the ECC not to enforce these provisions and, second, these pro- visions conflict with and exceed federal regulations. As noted earlier, Section 405,253 and the FCC's expressed oolicy of ! encouraging local access programr,iing �vere the bases for the city's I contention in late 1975 and early 1976 that GTV was required to provide access service to all subscribers - including Cinema III-only - subscribers. 7. The original dispute arose between the city and GTV � because the company created in 1975-1976 a separate a`•`1\ cable television system whose subscribers did not receive public access service. This dispute cannot be resolved at the present time because there is no effective and enforceable provision in the city's CATV ordinance which requires GTV to provide public access service to all subscribers. In other words, if the City Council wishes to require GTV to provide public access service to all of its subscribers, it must first amend and update our local ordinance to include or incorporate the public access rules and regulations adopted in mid-1976 by the PCC. If our local ordinance is amended to include or incorporate FCC access requirements, we then can require GTV to provide the access cliannels to its Cinema III suUscribers. 2 5C 8• �n August 8, 1977, the FCC announced its intention to "relax" the franchise fee limitation in Section 76.31 of its rules. The final rule change has not been released by the FCC; however, it appears fairly certain that tlie FCC will remove the franchise revenuestfromncableeservices�in(thetfeeebase ifethattislconsistent with the provisions of the local franchise. 9. Today, under Section 405.05 of our franchise, Fridley receives 5$ of GTV's annual "gross subscriber revenues" which are defined in Section 405.011, Subdivision 9 as "those revenues derived from regular subscriber services but not including adver- tising, lease channel fees, or other fees derived from non-subscriber services. Onder this statutory definition, the term "gross subscriber revenues" does not include revenue derived from GTV's Cinema III operation, 10. If the City Council wishes to impose its 5o fee on GTV's pa��.cable revenue, in accordance with the FCC's August 9 announcement, it must amend the definition of the term "gross subscriber revenues" presently contained in Section 405.011, Subdivision 9, of our ordinance. 11. Two important facts should be remembered when the City Council reviews our attached recommendation to amend Section 405.011, Subdivision 9. First, at the insistence of the FCC during the certification process, the City Council amended Section 405.01.1, Subdivision 9, on or about August 20, 1973, to include the present wording. The previous definition of "gross operating receipts" was very expansive and would have included revenues derived from pay cable operations. Second, when GTV inaugurated its Cinema III channel in late 1975 and declared that this service was off-liMits to the requirements of the local ordinance City Council and its Advisory Commission wereeconcerned and upsete that the city �oould not be able to receive 5% of the revenue derived from this service because of FCC prohibition. These individuals believed that the city should be able to impose its 5� fee on GTV's Cinema III revenues because the company had received a city franchise and because citp streets and thoroughfares were being used to provide this service. II. Recommendation 1• We recommend that the City Council amend Section 905.225 regarding cablecasting rates, and Section 405.226 regarding rates for use of public access chanaels. 2. We recommend tl.lat the City Council adopt the FCC's new public access rules by incorporating them in Section 405.253(Z] and (8) and a new section numbered 405.254. 3• We recommend that the City Council redeiine the term "gross subscriber revenues" presently contained in Section 405.011, Subdivision 9, � CABLE TEL�VISION ADVISORY COMId2TT�E 5 D L oner� � / ` �� :� ��_�-'"� �� oner / / ) Dated: September 14, 197� 4 n � M O G� � N .— co C:9 N C'7 c! � � r'L }-- O � w w � i-��° � �u ....i a � � � F— C� �� u _�: ti � � � Li.l � � �L �— � � � � � c+� e1� cs� � �— w J O G: Ls_ 4L Q .� F-- V Mr, David Kinley, Acting Chief � Cabie Television Bureau Federal Communications Commission +lashington, D, C. 20054 Dear Mr. Kinley: Pursuant to the meeting held in your office between representatives of the City of Fridley and your staff, the City recognrzes that certain provisions of the Fridley CRTV Franchise Ordinance are in conflict with Federal communications Commtssion rules and are therefore unenforcable. These sections are as follows: 405.225 405.251 405.253(1) 405.253{3) The City Council has, therefore, voted to authorize this letter, acknowledging that ±hese provisions.are unenforcable and that no attempt will be made at enforcement unless at some time in the future FCC rules are changed to permit such enforcement. Yo � ruly, �'�..� '� . � Frank G. Liebl,.•tayor City of Fridley FGL/ms CC: Senator Humphrey • Representative Fraser Plr. Gary Hansen Pir. Robert Hinkley 5E �� i� r� 1� �; �f i' .� ;; j� "f i ., i: :� , i ; 405.225. Coblecasting Rates Icr AII Educalional, Library, Governmen}a� and Non-prolit Community .Orflanizalion users. � \ TheCompany's cablecasting.production costs, cablecasting rates, si�nal sendinc� rates, and all subscribei (ees� �shali be subjecl to the approva� of Ihe City. Hoviever, Ihe company will ba oGliged to provide the Iree use of a cablo channet or channels lor all educationaf, library, go�ernmental and non-profit communily organization users. The company may charge an amour�t not to ezceed its actual production costs lor Ihe use of the eompany's personnel, studio and production equipment. A05.226. Rates For Usa ol Public Access Channel � - The Company shatl provide the first live minutes of time fw telecast on the public access cfiannel without tharge lo the usar. For adtlitionai use of said pubfic acc=ss channels, the Company may cbarc�e an amount noi � lo axceed its actual production cosfs for ih= use of the Company's pzrsonnel, studio and production equipment. 405.231. Permils, Instalfation and Service � Within sixty (60) days afler accepiance of any franchise, th= company shal� make appiicalion lo obtain ail � neCessary po�mits 2nd authurizations �vhich are requiied in th2 conduct o( its businyss, including, but not limited to, any utilily joint use atlachment agreements, micro�,vave carrier licenses, and any other permits, licenses and auihorizations io be granted by duly constituted regulatory agencies having jurisdiction over the operation ot CATV systems, or their associated microtivave transmis;ion facilities. If all necessary permits and authorizations have not b=en issued within a pzriod of one hunCred eighty (780) days aftar application, ihe Ci1y may termin2te ihe franchise. 405.232. � ' Within ninety {g0) days after obtaining ail nec=ssary permits, licenses and authorizatlons, company shali Commence con,truc:ion and installalion of the CqTV system. � 4�5.233. ' � � Withfn one hundred eighty (780) days after the commencemenl o( construction and instailation of th2 system, Company shall proceed to render szrvice to subscribzrs, and the completion of the construction and installation shaU be pursued tivith reasonable diligence tfiereatter, so Ihat service to all areas designated on ihe map accompanying iheapplication for Iranchise, as providetl i� Sec;ion 23 hereof, shall be extended to at least 20°i, of ihz City each year and lo be completed within live (5) years. 405.234. � . FaUura on the parl 01 (he company to commence and diligantly pursue each of ibe loregoine� requiremenis and � to complete each of the matters set forlh hcrein, shall be grounds tor termination of such franchise, under and pursuant to the terms cf Section 5 hereof ; provided, hotivever, Ihat the Council in Its distretion may extend Ihe time for ihe commencement and completion o( construclion and inslailation for adUitional p�riods in !he event lhe company, aclirtg in good laith, experiences delays by reason of circumstances�beyond Iheir control. 405.24. Exlenl ol Service �City Wid@�, � ' The services providad py the company under Uiis tranchise s�all be made availabte by it to al! areas wilhin the corpo�ate limits of the City. 405.251. Additional S�rv(ces ) The eompany shall submit a plan subject to ihe approval ot Ihe City, sta�ing Iha proposed number of channels which �vil4 be devotCA to� n.lwork af0liated tetevision stations, non-net�vork indepandent tetevision stations, inCluding educ�tionat tel�vision stalions, and c�annels to be devoted to lpcal�y ori�inatine� proprams. SueA pl�ns Shall also coMain (ho Ioilowing; 1: An estimale of IAe toWl number ot broadcast hours par weak per channei which Ihe company prpposes to , devote to loca} prot�rimming. 5F 405.251 CaLleca�llnfl Hatee ForAli Edutalbni�, Library, Governmenlal And Non•Proft� Communiiy Organizalion � Users Rates For Use Ot Public Access Dhannel Permits, inslallation And Servlce Exlent Of Service (City 1Yltisj Addi(lonal Services 405-t7 •I i .� lype ol local proprams it proposas to originate. �o lhat tbe company shall submit to the Ciry each year a proposed prog�amming schedule for locally cnanncl(s). of proposed zdverlsing program. of Ihe use and availability of channels and (acilities 6y Iocai political candidates. for providing a duplex system and FM m�l(iplex stereo and music channels. 5G A05.272 ( � 1' Studio faciiities ' pany shaii submit its plan for a color studio �o be conslructed wi(hin the City. Tnis pian shall include Studio _ :h as studio size, t Facllitiea � yps ot faciliti�s, hours and tim2 it will be oparated, and estimated construction time. i sha71 be subject to the approval of the Gity. The company will execute a performance bond to insure �n in accordartce with its plan. � Sanices fo be_providrd by the company: � �mpany will dedicate 20% of afl channels, at no cost, for use in tulfillin Services To Be g public fanctions wiihin tM1e P�ovided 5y 7ty such as, (ire sa(=ty s=rvices, police safery services, educational services, library services and other Tha Company ly or cultural services. 20%, of all additionat channels that may 6e added to the system shail be to the above described purposea � su6scriber's home shall have the capability of receiving these public services. The company will with the Schoo� Districts within the City of Fridley, a means of both inter-school and uSscriber si�nal coverage tor school facilities wi;hin the City of Fridley. • . . 'ght of first refusai en leassd channel availabitity shall be accorded to the City. 7his should be construed !�/ '�� Io any olfering oileased channel space over and above fhe stated fwenty (20) percent of channels V d (or public use. � Pr��7erential or Discriminatory Practices Prohibited �pany shall not refus=cable television service to zny person or organization who requests such services ful purpose, nor shall the company re(use any parson or organization ihe right to cabtecast pursuani to ps o} 22E and 25C ot this ordinance. 7he company shall not, as to rates, charges, service tacili(ias, �gulations or in any o;her respect make or grant any preference or zdvantage to any person, nor su6jecl son to any p�ejudice or disadvantage. . crimination in employment. Equal opportunity in employment shall be aftorded by Ihe Company to all I persons and no p�rson sliall be discriminated agiinst in employment because of race, color, reiigion, �tional origin. The Company shall comply wilh all Siate and Federal laws and regutations pertaining tp �portunity in employment. ' Pdiscellaneous Provisions � �nsitleration of an ap„ication tor a cable television fnnchise 11e City Council may grant sucb sn to such apptiwnt as m:ry appear Irom said applica:ion to be in its opinion Desl qualilied to render �d efficient service to teicvision yic�vers and subscribers in Ihe City. � othonvise prescribzd herein, all malters herein required to be filed with the Ciry shall bo filad with lAe R. Pret�renlial Or Discriminalory Practices ProhiSited Miseoflan:ous Provisions 4DS78 \ \ CZTY OF CRIDLEY �rro— nnN°_°ia ME140 TO: MEMO FROM: LdATE: SUBJECT: /�ayor and City Council Fridley Cab1e Television Conmission September 19, 1977 PROPOSED AMEI7DMEIJTS TO CP.TV ORDIIJRIVCE Attached are proposed amendments to the following sections of Chapter 405: Section 1. 405.225 2• 405.226 3. 405.253 (1) 4. 405.253 (2) 5. 405.253 (3) 6. 905.254 Sub 'ect Rates Rates Access Service Access Service Rccess Service New 11s per Attorney Doug1as Hedins' memo dated August 11, 2976, the fo.2lowing 1�evisions shoulo be incorporated in amendments: 1• 405.225 2. 405.251 3. 905.253 (3) Rates Additional Services Access Service As per Xedins' r.,emo dated ,7u1y 6, 1977: j. 405.126 Arbitration 2. 905.01I Definitions (Subd. 9J As per Nedins` memo dated Agri1 27� 197�: 1. 405.�51 �� g,.�,, c aCv Funds Reserved 5N Section 405.225: Pa�e 17 405.225. Cablecasting Rates. �ep-a}}-�$�egtiona};-b#brarp,- 6ever�menta}-and-�en=Prefit-Ee.�nn�ty-9r�ari��n�3an-a5ers.- 5I The Company's cablecasting production costs, cablecasting rates, signal sending rates, and all subscriber fees shall be subject to the approval of the City. HeKever,--tne_�e��np_�3}}_�e_e»}�eed ta'��e�}�e-tRe-�ree-nse-e€-a-eab}e_e�$nRe}_a�-ekanne�s-€er-a}}. e�neat�ena},--��rar7�-�avernraenta}-and-naR-�ra€�t-ee�nn}ty e��a»#Eat�en-asersc--4�e-e�n�anp-�ay-e'sar�e-e�-a�ennt-�e�-te exeeed-�es-aetna}-a�e��e��e»-eeses-€e�-��e-�Se-ez-tke ee�ganYlg-ge�sexne},--st��e-as�-grednet}an-eg�¢��en�.- :dOTE: This Section may be amended to delete all reference to rates for use of the access channels, which are now set forth in a new Section 405.254, s�t forth below, The Commission nay decide that the rate provisions set forth in Section 405.254 should, instead, be inserted in Section 405.255 because the. ordinaace's rate provisions are contained in Sections 405.222 - 405.226. As it now stands, the cablecasting rates set forth in Section 405.225 e�ceed those permitted in 47 C.F.R. Section 76.256(c). For example, there is a five year limit in the new FCC rules on free use of �he educational and governmental channels, wherc�as there is no limit in Section 405.225, Thus the present ordinance technically exceeds permissable federal rules and should be changed. 5J Section 405.275: Page 17 405.226. Rates For Use of Public Access Channel �he-@e�pahp-she}}-�rev#de-tke-��st-€�ve-w�n��es-e€-t#�e-€er te�eeast-en-t'ne-g��}�e-aeeess-eka»ne�-y��ffe��_ekar�e-te-tke-aser.- Far-ad��t#ene}_nse-e£-sa��-��}�e-aeeess-e�a�ne�s;-tHe-Ee��app �ap-ekar�e-en-a�ea�¢-net-�e-exeee�-��s-aet�a}-q�e��et�en-eesgs €er-the-nse-e�-tke-@e��anpls-perse�ae}.--s��¢e-and-gred�et�e� eqn3p�ent- NOTE: This section may be amended to reflect the FCC's provisi�ns for assessment of costs for use of the public access channel, set � forth in 47 C.F.R. Section 76.256(c). The FCC's regulation is not I� as precise as the City's; however, an amendment to the City's ordinance probably is required by 47 C.F.R. Section 258, which nrohibits local imposition of access requirements that are,more stringent than the FCC's. Because all of the rate requirements are contained in Sections 405.222 - 4pg,226� the Commission may decide that new access rates should he inserted in 905.226, rather than enact a new Section 405.254. Section R0;,2,3 p,��re 18 At, L ri�:w 405.253. Services to be provi�ied by the 5 ;; cornpany 1. The company sha11 ptovide the follo4�ing services tion to thos� required by other provisions of this ordinance: , in addi_ a• Public access channel. The company shall maintain at lease one specially designated, noncommercial public access channel available on a first-come, nondiscriminatory basis; b• Education access channel. The company shall maintain at least one specially designated channel for use b educational authorities; y local C• Local governm�ent access channel. The company shall maintain at Ieast one specially designated channel for local government uses; a- Leas� access channe2. The comoany shall maintain at Ieas t one specially designated channel for leased access uses. Zn addition, other portions of its nonbrQadcast ban��oi�,�y,r including unused portions of the specially designated ch<:nnels, shall be available £or leased uses. On at least one of the leased channels, priority sha21 be given part-time users. *2. Until such time as there.is dernand for each channel fu11 time for.its designated use, public, educational, government, and leased access channel programminq may be combined on one or more cable channels. To the extent time is available therefor, access channels may also be used for other broacicast ancl non- broac�cast services exceot that at least one channel shall be maintained exclusiveTy-'�� the presentation of access as required by paragraph 3 of this Section. programming 3• The comnany shall, in any case� maintain at least one,.'full channel f:or shared acc�ss insufficient activated channelrcapabilitProvided, hocaever one full channel for shared access y 15 available to� iha` if provide whatever programmin prcvide portions of channels are availablecforasuchhall poses. The company in meeting'its access obligations shall nake reasonable efforts in - Pur- displacement of accessPservice.ng its bandwidth to avoid tfie 4• t9l�enever any of the channels described in para ra h 1 0 i3) of this section is in use durinq gp � P � f r (Monday - Priday) for 80 percent og p�rcent o£ the ke�k�3aYs cutive three-hour period for six tt1e �"i� �uring any conse- shall have six months in �ohich tocmakecatnew channel availab ey for the sama purposes: Providec:, however, that the channel expansion mandated bY this paragrap}1 s}1�511 not exceed the activated c&annel cap��bility of the system. # �}�e�n9e required by FCC Ptemoranuum Opinion and Order in Docket No. 2050f3, R�l�,�sed December ?.1, 197G. I i � I i r ! IS- The conpany �hall nake available all other unused channels, 5 L in addition to those which ar.e part of the system's activated channel capaUility, for the purposes specified in paragraph {�.); Provided, however, that in making available such additional channels �he conpany shall be under no obligation to install ' c�nvexters. Section 405.253(1}: Pa e 18 405.253. Services to be provided by the company: �:--��e-ee�patty-k�}}_�e��ea�e-��b-a�-a}�-exaaxe}s;-a�-�o-e�s�,- �er-nse��n-ftt�£s�}ing-pnb�se-f�net�ens-�sEks�-tke-n�nrcxpa�#t� s�e�-asr-r¢re_5are�y-se��eesr-pe��e-sa€et�-se��ees;-e�aea- � tsene�-sern�ees;-��b��rp-�@py��e�-a��-eti�er-ean;r.snn�tp-ar-e�}ta�a} ! ae�rt�eea;--�8'o-a=-a�}_ac��ttene�-ekan:�e}s-�e�at-�ap-se-adee�-to. � �he-sys��;�-�ha��-be-�ea�ea�ed-te-��e-above-e�eserzbed-garpases.- �; NOTE: This Section must be amended to reflect the newly adopted FCC access rules, 47 C.F.R. Sections 76.254 and 76.256. Titere are two msthods of incorporating these new federal standards, First, to simply require that the company conform to the require- ments set forth in FCC access regulations. This�incorporatioa method was used by the City in Section 405,1�3(1). Second, to adopt the FCC's new rules, word for word. The second method is preferable. The follo�oing three pages show the FCC's access ' rules as if incorporated in the City's ordinance. � . ; • . ; . • ; � 5 T-� Section 405,253(2); paye 18 �� 6• Each subscriber's nome shall have the capability of re- ceivinq tkese-��b}¢e t]-ie servic�s re uired '— —L_ bY parac�r,nh.- � 5 of this Section. The com�any will establish with the School Districts within the City of Fridley, a means of both inter-school and school-subscriber signal coverage for schbol facilities within the City of Fridley. NOTE: This is a technical change to reflect the fact that Section 405,253 if amended would a7ply to the designateci access channels and not the "public service" channels now mentionec� in Section 405.253, It would be redesignated Section 405.253(6) if the ordinance is amended to be consistent t,�ith federal rules. a Section 405.254 {pyL NEi•1) The company shall comply o�ith the the provision of access services: 5h following requirements respecting 1. The cor.�PanY shall have available equfpment for local produc- tion and present-ation of cablecast prograns other than auto:�ated services and permit its use for the production and presentation of oublic access prograns. ^he company shall not enter into any contract, arr.angement, or lease for use of its cablecasting equipmenL- whic.i preveats or inhibits the use oF such equipr„ent for a substantial portion of time for public access nrogramming. 2, The company shall have no control over the content of access cablecast progra;;is; hcwever, L-his limitation shall not prevent it from taking apnropriate steps to insure compliance with t'r.e operating rules d�scribed in paragraph 4 of this Section. 3. The company may charge for use of the access channels described in Section 405.253 as follows: a. The channels describ�d in Section 405.253(1)(b) and (i)(c) sha11 be made available free of charge until five (S) years a�ter the eompany first offers channel time for such cablecasting purpose. b. One of the public access channels described in Section �',05.253(1){a} shall al�aays be nade available without charge. �• Charges for equipment,=personnel, and productio:l of public access program;7ing shall be reasonable and consistent with the goal of affording users a low-cost means of television access. No charges shall be made for live public access progra:�s no� eaceeding five (5) minutes in length. 4. The�company shall establish rules for the operation o� L-he access channels described in Section 405.253 as follows: Section 905.254(4) continued: 50 a. For public access programning, the company shall prohibit ' the presentation of: any advertising materiai designed to promote the sale of commercial products or services (including advertisinq ! by or on behalf of candidates for public office�; 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, ann rules permitting public insoection o� a com- plete record of the names and addresses of all persons or groups requesting access time. Such a record shall be retained for a • period of two (2) years. b. i'or educational access programming, the company shall prohibit the presentation of: any advertising material ciesigned to promote the sale of com�ercial products or services (including advertising by or on behalf of canclidates for public office); lottery information; and obscene or ir.decent matter, and shall establish rules to this effect including a rule permitting public inspection of a complete record of the names and addresses of all persons or groups requesting access time. Such a record shall be retained for a period of two (2j �ears. c. For leased access orogramming, the company sliall prohibit the presentation of: lottery information; and obscene or indecent matter and shall establish rules to this effect; and other rules requirinq first-come, nondiscriminatory access, snonsorship iden.tification, specifying an aporopriate rate schedule and per- mitfing public insoection of a complete record of the names and addresses of all persons or groups requesting time. Such a recorci shall be retained for a period ot two (2) years. d. The operating rules governing public, educational, and leased access pr.ogramming shall be filed with ti�e Council within ninety (90) days after the comnany first activates any such channels, and shall be available for public inspection at any time during regular business hours at the company's office in the City, as required by Section 405.184. e .._..... ._.. _ •. -.-�,•. Lnvv Or•r�crs IIL4 CAST GRA111 CY.QV.HGC Uu1lOING 412 GOUTFI f Gl�ftTH STHCET M�NNEAP01.15� MiNNEF.UTA li5915 $ A. N[DI11 i'�MC9$�NGER NC 1�. lCrGl( coorcw W. HAINCS August 11, 1976 Frzdley Cable Com.mission City Civic Center 6:31 ti:�ive-rsity l-.venue i;ortheast Pric3ley, ,•7innesotu 55�132 Dear Comunissioners: 5P .TRCYNONE' E12/333-3<B� This letter summarizes recent ruZ�s adopted by tne Pederal COIRiilllii:.C�a�`.10 �5 (,'OIDIi11SS10:1 �;,}11Cfi ai�ect Dllb11C access CUcYP.— tions in r^ridley, and suppler.lents r.ty oral reports at Comn•,issicr. meetings in early June and nid-,:uly. On May 13, 157G, the FCC released r.er� channel capacity rccuire- menis anc access cna:.nel recuire;��a�s. �ne ne�o rules are effective Ju:�e 21, 1976. P2titior.s �or reconsideratioa c� these rules 'r.a•✓e ;;een riled by pt;blic ir�eresi� groups, tne :iatioaal Cable Television Associatior., ar.a indivicival cable co:�par;ies. �}111C 1t 1S ;uiliicely i.fiut LL;eS�? Yli��?5 �J1�.� LlZ �Iterec, tiiZ 1:1i.j/ should delay amending its caule teievision ordin�r.ce u:ztil tt;e FCC ucts on the reconsiderat�oa petitions. The FCC's 1972 access rules recuirec GTV, Gahich is a system in a major ,;ar:�et, to have £our ded�cated access channels, regar�less of t:�e number of its subsc�ibers. The new access r�:las a��ly or.iy to systess �aith 3,500 or r„ore subscribers and require four dedi- cated • channeis only in. systems wnich 'r.ave suffic�ent ch�.nnel capability without the installation or converte;-s and onlv when there is,demand for full-tir„e use of eaca cnannel. No system wi11 be raquired to install converters to deliver access pro- granuning. " S��stems wi11 be rer,nired to provide one clesignated access cnannal for shared use ariong publi�, educational, local , qovern�enc ai�d leased access users. , The ne�v access requirements auply to systems with 3,500 plus sub- scribers, regardless of tvize�her that system is located ir. a r,ia or ' mar.ket. Because GTV's P'riciley system :ias less than 3,500 sub-J scriliers, th� ne�Y access r..les ao not a�ply to it. Aloreover, because oi the City'� "anr��ement" aated r�nrit 22, 197<l, t!�e e:;ist.ence of which �ae only rece:itly discuvered, tl�e access re- quireaicnts in L-he local ordinaace are unenforceable. You will recall thaL• the City agrced on that dat-e not L-o cnforce Section 5 Q 405.253 of the ordinance. Toda1, therefore, ther.e are na access requircmen�s, either federal or local, applicable to GTV's r'ridley system. The FCC recognizes that some local governments may wish to reim- pose access requirements on smaller cable systems, such as that in Frialey, which have fewer than 3,500 subscribers. The r^CC states: "..r�ith respect to systems with under 3,500 subscribers, we will not preclude local authori�ies from mandating channel capacity and access obligations as long as these do noi er.cced what our rules recuired of systems wiih 3,500 or r,ore subscribers." Report and Order in Docket ti'o. 20503, Paragraph 97. The proposed amendments to the local ordiaance, tahich have been distcibntec to you, duplicate the FCC`s r.etia access ruies. The propos2a a^,.endm�nts do not e�:ceen the FCC's new rules. It is my opinion that tne City �,t�uld noz have to peti�ion t:;e PCC for prior approval o° local access require;.ients which duplica;.e tne new federal rules. In its recer.t Report and Order, the FCC n;ade this con�len� about- the relationship be�ween :.ts access requirements ar.d pay caY�le. "We have sought to encourUge the presentation of suc:l program,minq for it provicies diversitl of vier�ing choices to the public. Sh�e do not, however, believe that the pliD11.0 interest �ai.11 be served if this prograr,;.;�ing is provided at the ex,ense of lccal access efforts whic:� are displaced. Should a svster, oaerator for e::ample have o::lv or.e comvle�e char.::ei avail.�bl� to PTOV1Gi. c1CCt'_SS Si;TViCCS 1�:0 5.181]. COIlS1C:C1 lt flS CI@1i G'V1Ui']1CC? OT 1J1Q �i.`..t] 1;1 COi;iD]_V .'.',CI Wl�ll I11S c1CC:355 O)�i1Ct: �10:1.`� 1T SL1Ci1 O'7CY'; t0]" C�CCIC�L3 t0 1L`iC'_ thdt Ci:1I?P.C1 LJ l")1"OV1GC (�� N*.�Y'p— CJYc7P�11i11I1C(. Sii0U1Q lt <<��?c3I Li1c7L' �211? ()YOWLIl Oi pay services is in faci: substantially infringing on the nublic's ability to obtain access on cable television systems �ae shall promptly re- Visit this area an� take tahatever action is appropriate to prevent such an occurrence." Report and Or.cie.r in Docket �o. 2050II, Yaragraph 69. limpnasis �1 ceii. The emphasiaed language would appear to support the Cable Com- mission's pusition that G'PV must ext-end and provine access servico to CIN�AfA III-wily subscribers. However, sev�ral of _.._�__..... . . ..:'.�;,;�., . 5R L•he petitions for reconsider.ation have taken flirect exception to 1CC's icsition on the di�place^cnt of access service ny pay cable. Hopefully, the rCC's ruliny on the reconsi�er.ation petitions will clarify the relutionship betwecn access and pay. Respectfully s brst�ed, • C�t-�7 �?—__�� (�1-- Douglas/11. Hedin D�bak • I � i i i .' � ; � i _ � _ _ . • ;�-�� Ser_t.i.on �05.22;: Pricr� 17 Addit:ion�l A�enclracrt 905.225. Cablecasting P.ates. �he-Eenraay1s-eab}eeant�a5-�rodnetren-eos�a;-ee�a�ceast#ng YQ�Cf77-3ty:id�-sendir,c�-rHiC97-Qlit�-Q}}-9it}J9CY3tiJCr-�CC'9-9}id}} �e -sn�i�eek-te-r:;e-ep�reb��-e€-tihe-Ei�p. NOTE: The first seiitence oi this section should be deleted because the City "agreed" in its letter dated April 22, 1974, to the Chief of the Cable ielevision Bureau not to enforce it. The last two sentences in this section should be amended for the reasons I described in my earlier memorandum. 5S _ .. .. _....._. .�___ ... . .. _ _.__......._ ...... . _. _ . .. . . ...'"`.t . i � �.-�--- .. , . •;... . 5� 'Section 405.251: Parye 1� 405.2,1 Additional Services, • The Comaany shall submit a plan st�3�3eef-�e-�ke-ag�rava}-e_-��e E}�Yr stating tne proposed number of channels which will be devoted to network affiliated television sta.tions, non_ I network independent � television stations, including educational ' television stations and channels to be devoted to locally originatin5 progra�s. � 0 NOTE: The approval phraSe should be deleted from Section 405.251 becanse the City aqreed not to enforce this provision on April 22 . � , 1974. i e Section 40;.253(3): Paae ].8 3: �c 4�e-rs,it-o£-£�rst-rr=�sai-o--}e�sed-ekannc�-avas�e�z�:tp eka��-be-aeeer�ed-te-t°e-E�ty---4�Ty-s�b�}d_�e-eenstYned-te-a5_�p �e-anp-af�e��y-a¢-}eased-ehknr.e�-spece-ever-and-abavn-the ska�ed-�ren�p-1�6}-�e�ee�t-e=-eve�qe?s-�e�3eated-Tar-p�b=se dse.- ' NOTE: This section should be deleted entirely because the City agreed on April 22, 1974, not to enforce it. 5� ...i�TiR+y' . a Law Orr�tcrs 11£4 EAST Gphifl E%Cl/ANGE f1UILUiNG Ri2 JOUIN fOVUTM( SiqCCT MINNEAf'OLIS� MIHlIESOTA Fi:a415 .AS A. HEDIN �M �l ��ESSINGER 7111E M. LCICN . L. COO�ER :W vI. /IMNES W. EIWELI July 6, 1977 City of Fridley Fridley Cable Com:�ission City Civic Center 6431 University Avenue, N.E. Fridley, Minnesota 55'132 Dear Commissioners: 5� TElCP110NE: 612/33]-3401 Pursuant to your request, I have drafted a Proposed Amend.:,ent to Seciio�l 4C5.1�'u of the �-ridley C�TV Ordinance. The purpose of this Amendment is to establish certain monetary penalties which the com?any :�ay pay to the City £or each of its violations of tne City's C7siV Ordinance. This is a first ilraft and for discussior purposes only. Under the present Ordinance, there are a variety of orays by �,�hich the company, the City, and subscribers can resolve their diff�rences. First, difference� between the City and the com5any may be resolved by the City :.anac,er or by arbitr3tion pursuant to Section 405.11u'. Second, con;�laints over service nrocedure may be resolved by the City Alanager or by a complaint revieia board pursuant to Section 405.117. Third, upon failure of the company to perform any oi the particular provisions of tlie franchise, tiie City Council may r.e�eal its CaTV Crdinance and terminate the franchise pursuant to Section 405.29. Feurth, violations of the CATV Ordinance may be deemed a misdemeanor and prosecufed by the City pursuant to Section 405.317. Several me^.bers of the Cable Television Commission and the City Council have expressed the oninion that t11e present Ordinance does not grant t3ie City realistic and effective means of enforcing its provisions. For examule, tli2 City realistically can not repeal tlie Ordinance and ternti nate the franchise under Section 405.29 upon each minor violation by the company. GTV can not be expected to continue t:o in�est money in the Fridley CATV system if the City repeatedly threatens to repeal its franchise upon each minor infraction. ilie criminal penalties contaiated in Section 405.317 a�ply most obviously to cable tapping by individuals and other prohibited activiti.es by e � ; i fI } �� I I'ricilcy �7uly 6, rage �rv,o Cablc Commissi.o�i 1377 i�ldividuals instead of company practices o�hich are taken in good faith and �iJ$1C]1 may involve difficult interpretations of tne local ordinance, state la:•� and federal rcyulations. The service complaint procedures contai.ned in Section 405.117 arc limited in scope and design to permit tne company and its subscribers L-o speedily resolve service comolaints by means of a local complaint review board. The arbitration of City-company disputes is con- tained in Section 405.116, as anended, but this Sectiori as pre- sently worded does not contain speciLic monetary penalties whicli would be the most realistic and effective neans of insuring com- pliance by the corpany with the nrovisions and policy of the City's, CATV Ordinance. The Propased Amendment to Section 405.116 contains specific monetary penalties which :,iay be imposed u�on the companp for failure to com- ply ��ith the decision of the three me:n�er board of arbitration. The arbitration mechanism original].y created by the City remains intact; the Pronosed Amendment on2y adds snecific penalti_es for failure to conply with the decision of that board. This Proposed Amend:�ent r�ay alleviate the co:.cern of some Members of the Commi�sion and the Council that, short of repeal of the Ordinanc� and termina- tioa of the franc'�ise, the City does not have an ef.fective and xealistic means of enforcing the provisions and policy of its CA�V Ordinance. As noted earlier, the Proposed Fvnendment to Section 405.116 is a £irst drait and for discussion pur�oses only. Respectfully submitted, -SsZ.c'�c� A. Ii�din 5 4! � i ` ; 5" , ' ased Amendment to Section 905.11G (3rd Par.aryra�h) Tn ca:;e of fail.ure or rcfu:al on the »art of the co;n�an7 to �p,Zy with the decision of the Poard of nr.bitration, thn cor.;oany 11, in addition to any oth_�±:_:.ena1L-y prescribed by la:�, forfr_i.c the city the sum of $ � L-or each such offense, and $ each and CVCY'V C�<7'�� OF Y}ln C[1n1-lnll;vnrE+ nf cnnh nffnnco � ,� ;� I' 'r i i � � � i� ,� I t 5Y Section 405.011, Subdi vision 9: page l of the ordinance. 9• "Gross subscriber revenues" are-�evexaes-de�4�e�-€�e�-re�n}a� e�Hse�}�e�-se�v�eesr-ae�-��e�k��x�-a�ve��3s�n�:-�eese-ehsnae} feesT-ar-e�He�-€ees-�epsyed-€�e�- �e�-s�=e�}�er-se�v�ees.- shal�an 3� and all comoensation and received, or in a the operation of >r access cableca: �er-channel charae other considerat y manner gained or derived ts cable television service ting operations for which a is m=Within as such co established hereafter. A >n co� tE ' th---�- c°mpa incl�ng `r'-P-`r37n =limits o: te limits now exist or � +ST�*� ..�r!� I'ir:;t Urait. 5Z (� Ai.L NL•'lJ YNwsk.S YCjj��y�/L�'�p/� . . . . 405.051. n�;*� *� Cablc Tclevision Commission All money reccived by the City from the company, pursuant to Section 905.05 of this Ordin/a�nce, shall be ap�ropriated and used by the City to c�,�a \�}rc--�•r L��-'^°^� ^= thc Cnble Television Commissi.on, establish�:d by Section 405.28 of this Ordinance. F� � ORUItJANCE N0. AH dRDINANCE A�OPTING CIUIPTER 214 EPlTITLED S1GNS, AWD REVFnLING PRIOR CfIAPTER 214 EHTITLED SIGNS AHD 61LLGDARDS . � The City Council of the City of Fridley does ordain as follows: SECTION 214.01 PURPOS[ The purpose of this chapter is to protect and promote the general wel- PURPOSE fare, health, safety and order 4�ithin the City of Fridley through tiie establishment of a comprehensive and impartial scries of standards, re�ulations and procedures yovernin9 the erection, use and/or display of devites, si9ns or symbols serving as a visual tomrwnicative media to persons situated o-iithin or upon public riyhts of w.ay or properties. The provtsions of this chapter are intended Yo encourage creativity, a reason- able degree of freedom of choice, an opportunity for effective con:muni- cation, and a sense of concern for the visual amenities on the part of those desi9ning, displaying, or otherwiso utilizirg needed conmunicative media of the types regulated by this chapter; o-rhile at the same time, assuring that the public health and welfare is not endangered. SECTI6N 214.02 DEFINITIOf15 The follo�aing definitions shatt apply in the interpretation and appti- DEFINITIO�dS cation of this chapter and :he followinq o-rords and terms wherever they occur in this chapter are defined as follows: , A. ABANDONED SIGN means a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product avaita6le on the premises where such sign is displayed. � B. ACCESSORY USE means a use aihich is subordinate to the principal use being made of a parcel of land. C. ADVERTISING SIGN means a sign which is used to advertise products, goods or services. D. ADDRE55 SIGN means a sign with identification numbers only, whether vrritten or in numerical form. E. ALTERATION refers to any major change to a sign, excluding routine maintenance, painting or change of copy of an existing sign. F. AREA IDENTIFICATION SIGN means a sign which identifies the name of a neSghborhood, a residential subdivision, a multiple residential complex, or a business area. 6. BANNERS AN� PENNANTS means attention getting devices of paper, cloth, or plastic-like consistency and which are of a temporary nature, M. BFNCH SIGN means a sign which. is affixed to a bench. 1. BILLBOARD means an advertising sign which directs attention to a business, conmodity, service, or entertainment, . � which�is conducted, sold or offered elsewhere than on the premises of khich the sign is located. J, CHANGEABLE C�PY SIGN (MANUAL) means a sign which copy is chan9ed manually in a field. ' � K. CIWNGEABLE COPY SIGN (AUTOMATIC) means a sign such as an electronically � or electrically controlled time, temperature and date sign mera9e center or reader board, where different copy chan9es are shown on the same lamp bank. L CONSTRUCTION SIGN n�eans a si9n placed at a construction site, identifyin9 the project or �the name of the architect, engineer, contractor, Ordinancc No. Chapter 214, Siyns financier or other invotved parties. �� M. DIRECTIOItlAL SIGN means a sign erected on public or private property which 6ears the address�and/or name of a business, institution, church, or other use or activity, plus directional arrow for inforniation on location. N. DISTRICT refers to a specific zoning district as defined in the Fridley� Zoning Ordinance. � 0. fLASHING SIGN means an il7uminated sign which contains intermittent lights or exhibits noticeable changes in color or tight intensity. P. FREE STANDING SIGN means a si9n which is securely attached to the 9round and not affixed to any part of any other structure. Q• GOVERF;t1ENTAL SIGN nieans a sign which is erected by a governmental unit for the purpose of directing or guiding traffic or other public information. R. IDENTIFICATION SIGN means a sign rrhich states the name or address or both of the occupant or occupants of the lot or building where the sign is placed. S• ILLUMINATED SIGN means a sign which is illuminated by an artificial light source. T. INFORFIATION SIGN means a sign giving information to enployees, visitors, or delivery vehicles, but containing no advertising or identification. U. INSTITUTIONAL SIGNS means a sign or 6ulletin board which identifies the name and other characteristics of a public�or private institution on � site where the sign is tocated. V. MOTIDN SIGIJ means a sign which revolves, rotates, has moving parts, or gives the illusion of motion. N. NON-CONFORMING SIGN means a sign which )awfully existed prior to the adoption of this ordinance, but does not conform to the newly enacted requirements of this ordinance. X. PERM4NENT SIGN means a sign which is intended to be used for an indefinite period of time. �• PORTAQLE SI6N means a sign so designed as to be movable from one lacation to another and which is not permanentiy attached to the ground, a sign structure, or a building. Z. PORTA-PANEL means a back to back, mobile advertising device, mounted on wheels and used for commerciat as weli as civic promotions. �. PROJECTING SIGN means a sign, other than a wall sign, that projects fran a building structure. BS• ROOF SIGN means a sign which is erected, constructed, or attached aholty or in part, above the roof of a building, except where the roof is an extended facade. CC. RUMMhGE/GARqGE SALE SIGN means a temporary sign which advertises or Airects the public to an infrequent sale of generatly used merchandise sold from a private residence. OD. SIGN means a lettered board, or other display, and its support struc- ture, used to advertise, direct, identify, inform, or convey a message to one wl�o views it. EE. SIGN AREA means the total area of the sign, including the border and the surface which bears the advertisement; or in the case of inessages, flgures, or symbols attached directly to•any part of the building, it is that at�ea which is included in the smaltest rectangle which can be rwde to � ; 6A a F i � i f i f i � i Ordinnncc No. Chaptcr 214, Si9ns -3- circumscribe tbe message, fi9ure, or syinbot di;played thereon. The stipu- lated maximum si9n area for a free sta�ding siyn refers to a single facinq, FF, SIGN STRUCTURE means any structure which supports, or is capaGle of supporting, any sign. Said definition shall not include a buitding to which the.sign is attached. G6. SHOPPING CENTER/I-0ULTIPLE USE OUILDING means a buiiding p)anned and developed for nwltiple occupancy use as commercial or industrial enter- prise. HH, TEMPORARY S1GN means-any sign, banner, pennant, valance, or adver- tising disPlay constructed of cloth, canvas, light fabric, or cardboard, wallboard, or other light materials ��ith or without frames; intended to 6e displayed for a limited period of tin�e only. � li. 41ALL SIGN means a sign which is affixed to the wa11 of any building. ��• WALL GRAPHICS means a graphic design or decorative mural not intended for identification or advertisiny purposes, which is painted directly on an exterior wall surface. KK, wINDOW SIGN means a siqn installed inside a window for the purposes of viewing from outside the premises. This term does not inctude merchandise located in a window. LL. UNLAWFUL SIGN means a sign whicli is in conflict with this ordinance, SECTION 214.03 GENER4L PROVISIONS ihe fo7lowing provisions 214,031 - 214.033 shatl apply in a17 districts 214.031 SIGNS PRCHI6ITED IN ALL DISTRICTS A. Permanent signs other than governimntalsigns erected or temporarily placed within any street right of way or upon any pub)ic easement. B. Signs or wall graphics that contain words or pictures of obscene, pornographic or immoral character. C. Signs painted directly on buildings. D. Portable signs (except for those provided for under "Uses Permitted in alt Zoning"), E. Signs which resemble an official traffic sign or signal(except directional signs on private property), F. Siqns which by reason of size, location, movement, content, colorin9, or manner of itlumination, may be confused with a traffic control sign, signal, or device, or the light of an emergency or road equipment vehicle, or which hide fran view any traffic, street sign, signal or device. G. Projeeting signs. k, Motion signs. GENERqL PROVISIONS SIGNS PROHIBITED IN ALL DISTRICTS 1. Illuminated sign which changes in either color or in intensity of 7jght or is aninwted, or has flashing or intermittent lights. J. Advertising signs (except window signs, which are allowed oniy in C-1, C-2, CR-1 CR-2, C-IS and C-2S Zoning Districts, or franchise tradeinarks pertinent to the business), R. Signs located within corner setback requirements, Section 205.154 (3). L. flashing signs 7� . GB ; . i � � f { ' � t � � . c� I ; � < i 7 ' i r I � � � � i I r i ,. i i i I � i f r ; � I � I Ordinancc No. Chapter 21A, Signs — M. Roaf signs. -4- N. Revolving beacons, zip f7ashers, and similar devices, inctudin9 any sources of light which change in intensity. 0. Porta-Panels. 214.032 Si6NS PCRI4ITTED�IN ALL UISTRICTS A. Address Signs: Each do-ietling, business, or building must have a minimum of one address sign, minimum of 3!;" high, max.imum of 18" high, illuminated or reflective, attached to the dwelling and vi;ible from public right-of-way. If the attached address sign cannot be visibie from the pubtic ri9ht of way, the address must be either on the curb or on the mailbox. S1GNS PERMiTTED IN ALL DISTRICiS AU�RESS SIGNS B. Bench Si9ns: To Ae permitted only at bus stops; cannot be any larger than, or extend beyond, any portion of the 6ench. BEIdCH SIGNS C. United States Flag: Foilow Title 36, Section 173-37D of the United UtJITED STATES States Code, State �lag, Corporate Flag; limit fiag pole height to 40'. FLkG � D. Directional Signs: (Public & Private) 1. Maximum four (4) square feet per facing. 2. Minimum ten (1D) feet from street right-of-viay. 3. Except that a sign directing the pubtic to a hospital may be a maximum of twenty-four (24) square feet in area. E. Institutional Signs: F G. 1. Maximum twenty-four (24) square feet. 2. Minimum ten (10) feet from street right-of-way. 3. Except a hospital emergency sign erhich is located on the premises may be one hundred (100) square feet in area. Area Identification Signs: (see individual district regulations). Standard Safety Identification Signage as used by public utilities, & Aighway departments. H. Temporary Signs: 1. Construction Signs a) Developments: Temporary construction signs may be erected for the purpose of promoting a project of ten (10) or more residential d�aelling units, ten (10) or more mobile homes, three (3) or more muttiple d�vellings, or a business. 1) Sign shatl not exceed fifty (50) square feet�in area. 2) One (1) sign per street frontage. 3) Sign sha17 be removed when project is wmpleted. 4) Sign shalt not be located c)oser than one hundred (IDO) feet to an existing building structure outside of the develop- ment. b) Individual Lots or f3uildings: 1) Sign shall not exceed six (6) square feet in area. 2) One (1} sign per street frontage. 3) Sign will be removed upon completion. 2. Real Estate Signs aj Developinants: Temporary real estate signs may be erected DIRECTIONAL SIGNS INSTITUTIDNAL S I GtvS TEMPORARY SIGNS NEW CONSTRUCTION REAL CSTATE S1GNS 6 C II I I t t � f I t . � T i � t i 4 � � � i Ordinance No. Chapter 214, Signs -5- for the purpose of selling or promotinq a project of�ten (10) or more residential dwellin9 units, ten (10) or niore mobile homes, three (3) or more multiple dwellings, or a business. 1) Sign shall not exceed fifty (50) square feet in area, 2) One (1) sign per street frontage, 3) Sign shall be removed when project is ninety-five (95) percent completed, sold or leased, 4) Sign shall not be located closer than one hundred (100) feet to an existing building structure outside of the develop ment. b) Individual Lots or 6uildings: 1) Sign shall not exceed six (6) square feet in area. 2) One (lj sign per street frontage, 3) Extra "open house" signs to be allowed only during day of open house. 4) Sign will be removed within five (5) days following sale or lease. c) Vacancy Signs 1) Maximum three (3) square feet in area. 2) Minimum ten (10) feet from public right-of-way. 3. Political Signs a) Maximum size shall not exceed thirty-two (32) square feet. b) Signs shall not be erected before closing of filing date, t) Signs shall be removed within five (5) days following the election. d) A fifteen ($15) doltar deposit will be deposited with the City prior to the erection of signs and retained untii the signs are removed. If signs are not removed, the deposit will 6e used to defray the cost.of removal. Any additional cost will be bitled to the party posting�the original deposit. e) Any political sign larger than three (3) square feet must be placed three (3) feet from public right-of-way. 4. Garage or Rumnage Sale Signs a) Maximum size shal] be three (3) square feeL b) Must be removed within three (3) days followin9 end of sale. c) If not removed, removal costs will be levied against the occupant at the address of the advertised sale. 5. Banners or Pennants a) Banners or pennants conanemorating a special event not con- nected with a business shall be renioved within 5 days following the event. ' b) Banners or pennants far businesses witl be allowed for grand openings of business only for a ten day maximum period. 214.033 SIGNS ALLOWED WITH SPECIAL USE PERMIT Nanual and/or automatic changeable signs woutd be allowed in atl dis- � M cts, except R-1, R-2, R-3 and R-4 Oistricts, and thrn only with the i55uance of a special use pemiit, subject to thc conditions of the specific zoning district requirc�i�ents (Section 214.U4 of this ordinance). POLITICAL SIGNS GARAGE OR RUMMAGE SALE SIGNS BANNERS OR PENNANTS SIGNS ALLOWED MITN SPEGAL USE PERMIT 6� I � � t i i � � I � � � i i � i i ) i t i � i � � ; ; i i t =�' No, 214, �9�� SECT101J p1q `6' �Q �ISTR! '�n ddditio� to CT R� �IR�MfNTs are Aerm�t[ed those sf Si1e, )oca 9ns Pe 214. 041 tion�and c aracter�a d'stt�ct and d�stricts, A. Arey IdeZES. SFTBACKS AlJOOTHE"$rdil�9 to inPhY qubeme ES�� J�a�vii�g Si9ns DISTRI '. One ntification Si9n: RE UIREIqtNTS FOR R-2 R J�erein sef forth. REQUIP,F.IENTS i1J sig� Aer deveiopi��ent. Z• Maximum size tWenty_{our (zq 3• �iinimum 214.042 ten (10) feet � 59uare feet. S12ES, fr�m pub�j� A SfTBACKS qNp pTHfR RE r�94t-°£_W�Y. Area Identification Si UIRE!•iEN75 FOR R-3 AND R. 2�. Maxi ��) 5j9n Per deveJopment. mum size twenty-tour (24) s 3. MiRimum ten (10) feet fr quare £eet. om Pu61ic ri9ht-of-way. 214.043 SIZFS, SEiBACKS � A• Area Identif' AnD �TyfR RE ��ation UIREMEN75 FOR ). S�9n: R-4 Orte (17 sign per deve z• Maximum ��Pment. a 3' M��mum ten (IO en Y-foor (24J square feet. ) feet from public ri `14'044 SiZES SETB ` ACKS AND OTNrn �.__ 9ht.of-way. �,�qrea ° ��rctMElfiS FOR ldentifjcaYi �'�� C-Z, on Sign: �R-1 r � One (2) Sj9n PeF development. `�',SYanding Signs: � �1) Per streeY fro�tage. 'tm eighty i80) square pe �7eight twent _ et Per development. ' �,��n twentY-five t`fr°m b tt �ove finished ground leve�. ) fee S1 feet frem pros, feet of a dr{ e�,ay f��shed PertY line or drivewaY. 9• ��. � window area, excludin9 merchandise, E G� l.txceed 15 times the root of the ;d�s to be Dlaced. �SQuare ign re�as an integrai Council�,, Part oF the 214.048 � A. Within � R-1� R_z & R-2A RFq(JIRE_ MENTS R-3 AFip R-3A REpU1REl�lEN7S MEMTSFQUIRE- �� -2 �R_ MEN S rFQUIRE_ � � � i i i � � � � r 7l t j ; t i r t i f ! : � + r ) � j 1 ( '. f , PD iCTS ,i ' ; PING . , fERS & GE / ; �! t ( l ; i �` ; +; +i � � '� � 'I � � t i � ( �` i 7 � 1 � � Ordinance No. Cliaptcr 214, Siyns -3- circumscribe the messa9e, fi9ure, or symbot displayed thereon. The stipu- lated maximum si9n area for a free standing siyn refers to a single facin9. FF. SIGN STRUCTURE means any structure which supports, or is capable of supportin9, any sign. Said definition shail not include a buitding to which the.sign is attached, GG. SHOPPING CEMTER/MULTIPLE USE BUILDING means a building planned and developed for nmltiple occupancy use as conmercial or industrial enter- prise. HI{, TEMPORARY SIGf7 means�any sign, banner, pennant> valance, or adver- tising display constructed of cloth, canvas, light fabric, or cardboard, wallboard, or other light materials with or without frames; intended to be displayed for a limited period of tinie only. II. VlALL SIGN means a sign which is affixed to the wall of any building. JJ. WALL GRAPHICS means a graphic design or decorative mural not intended for identification or advertising purposes, which is painted directly on an exterior wall surface. KK. WINDOW SIGN means a sign instalted inside a window for the purposes of vSewing from outside the premises. This term does not include merchandise located in a window. LL. UNLAWfUL SIGN means a si9n which is in conflict with this ordinance SECTION 214.03 GENERAL PROVISIONS GENERAL The foilowing provisions 214.031 - 214.033 shall apply in all districts. PROVISIONS 214.031 SIGNS PRONI6ITED IN ALL DISTRICTS A. Permanent signs other than governm:ntal signs erected or temporarily SI6NS placed within any street right of way or upon any public easement. PROH]BITED IN ALL DISTRICTS B. Signs or wall graphics that contain words or pictures of obscene, porno9raphic or imnoral character. C. Signs painted directly on buildings. D. Portable si9ns (except for those provided for under "Uses Permitted in all Zoning"). E. Signs which resembte an official traffic sign or si9nal�except directional signs on private property). F. Signs which by reason of size, location, movement, content, coloring, or ma�ner of illumination, may be confused with a traffic control sign, signa7, or device, m• the light of an emergency or road equipnrent vehicle, or which hide from view any traffic, street sign, signal or device. . G. ProJecting signs. H. Motion si9ns. I. Illuminated sign which changes in either color or in intensity of tight or is animated, or has flashing or intermittent lights. J. Advertising signs (except window signs,which are allowed nnly in C-1, C-2, CR-1 CR-2, C-15 and C-2S Zoning Districts, or franchise trade�narks pertinent to the business), K. Signs located within corner setback requirements, Section 205.154 (3). L. Fiashing signs �� Ordinance No. Chapter 21A, Signs M. Roof signs. -4- N. Revolving beacons, zip flashers, and similar devices, including any sources of light r�hich change in inte�sity.' 0. Porta-Panels. 214.032 SIGNS P[RMITTED�IN ALL UISTRICTS . A. Address Signs: Each dmelling, business, or building must have a minimum of one address sign, minimum of 3'," hi9h, max.imum of 18" high, illuminated or reflective, attached to the dwetling and visible from public right-of-way. If the attached address sign tannot be visib}e from the public ri9ht of way, the address must be either on the curb or on the mailbox. B. Bench Signs: To be permitted only at bus stops; cannot be any lar9er than, or extend beyond, any portion of the benth. C. United States Flag: Follow Title 36, Section 173-37II of the United States Code, State Flag, Corporate Flag; limit flag pole height to 40'. .D. Directional Signs: (Public & Private) SIGP�S PERMITTED IN ALL DISTRICiS AUDRESS SI6N5 BENCH SIGNS UNITED STATES FLNG 1. Maximum four (4) square feet per facing. DIRECTIONAL SIGNS � 2. Minimum ten (10) feet from street right-of-way. 3. Except that a sign directing the public to a hospital may be a maximum of twenty-four (24) square feet in area. E. Institutionat Signs: 1. Mar.imum twenty-four (24) square feet. ]NSTITUTIONAL SIGNS 2. Minimum ten (10) feet from street right-of-way. 3. Except a hospital emergency sign which is located on the � premises may be one hundred (100) square feet in area. � F. Area Identification Signs: (see individual district regulations). G. Standard Safety Identification Signage as used by public utilities, & highway departments. H. Temporary Signs: 1. Construction Signs TEMPORARY SIGNS a) Developments: Temporary construction signs may be erected for the purpose of promoting a project of ten (10) or more residential dwelling units, ten (10) or more mobile homes, three NEW CONSTRUCTION (3) or more multiple dweilings, or a business. � 1) Sign shalt not exceed fifty (50) square feet in area. 2) One (1) sign per street frontage. 3) Si9n shalT be removed when �project is completed. 4) Sign shall not be located closer than one hundred (100) feet to an existing building structure outside of the develop- ment. b) Individual Lots or Buildings: 1) Sign shatl not exceed six (6) square feet in area. � 2) One (1) sign per street frontage. 3) Sign will be removed upon completion. 2 Real Estate Signs a) Developinents: Temporary real estate signs may be erected REAL ESTATE S1GN5 6 C !{ ! � , . � � t . � i � y � � i � i � � � I Ordinance No. Chapter 214, Signs -5- for the purpose of selling or promotinq a project �f ten (10) or more residential dwelling units, ten (10) or more nwbile homes, three (3) or more multiple dwellings, or a business. 1) Sign shall not exceed fifty (50) square feet in area, 2) One (1) si9n per street frontage. 3) Sign shall be removed when project is ninety-five (95) percent completed, sold or leased. 4} Sign shall not 6e located closer than one hundred (100) feet to an existing building structure outside of the develop ment. b) Individual Lots or f3uildings: t) Sign shall not exceed six (6) square feet in area. 8) One (1) sign per street frontage. � 3) Extra "open house" signs to be allowed only during day of open house. 4) Sign will be removed within five (5) days following sale or lease. c) Vacancy Signs 1) 2j Maximum three (3) square feet in area. Minimum ten (10) feet from public right-of-way. 3. Political Signs a) Maximum size shall not exceed thirty-two (32) square feet. b) Signs shall not be erected before closing of filing date. c) Signs shall be removed within five (5) days following the election. POLITICAL SIGNS d) A fifteen ($15) dollar deposit will 6e deposited with the City prior to the erection of signs and retained until the signs are removed. If signs are not removed, the deposit will be used to defray the cost of removal. Any additional cost will be billed to the party posting�the original deposit. � e) Any political sign larger than three (3) square feet must be placed three (3) feet from public right-of-way. 4. Garage or Rummage Sale Signs GARAGE OR RUMMAGE SALE a) Maximum size shalt be three (3) square feet SIGNS b) Must be removed within three (3) days following end of sale. c) If not removed, removal costs will be levied a9ainst the occupant at the address of the advertised sale. 5. Banners or Pennants a) Ba�ners or pennants commemorating a special event nat con- BANNERS OR nected with a business shall be removed within 5 days follorving PENNANTS � the event. � b) Banners or pennants for businesses will be allowed for grand openings of business only for a ten day maximum period. 214.033 SIGNS ALLOWEU WIT11 SPECIAL USE PERMIT S1GNS ALLOWED WITH SPECIAL Manual and/or automatic chan9eable signs would 6e allowed in all dis- USE PERMIT rlcts, except R-1, R-2, R-3 and R-4 Cistricts, and then only with the � issuance of a special use permit, subject to the conditions of the specific zoning district requirc��ents (Section 214.U4 of this ordinance). � 6 D �, i ,. . � � � � � � i t 0 j � I � ! � i I � � Ordinancc No. -G- Chaptcr 214, �9n> SECTIOIJ 214.04 DISTRICT REQUIREMENTS In addition to those si9ns permitted in atl districts, the follovring signs DISTRICT are penni.tted in each specific district and shall be re9ulaied as to REQUIP.Et1EtVTS size, location and charactier according to the requirements herein set forth. � 214.041 SIZES, SETBACKS AND OTNER REQUIREMfNTS FOR R-1, R-2 FI�D R-2A R-1, R-2 & R-2A REQUIRE- A. Area Identification Sign: � � � MENTS 1. One (1) sign per development. �.:;<' 2. Maximum size twenty-four (24) square feet. 3. Minimum ten (10) feet from public right•o4-way. . � 214.042 SIZES, SETBACKS AND OTIiER REQUIREI•iENTS FOR R-3 AttD R-3A R-3 APiD R-3A . REQUIREMENTS A. Area Identification Sign: 1. One (1) sign per devetopment. 2. Maximum size twenty-four (24) square feet. 3. Minimum ten (10) feet from pubtic right-of-way. � 214.043 SIZES, SETBACKS AND OTHER REQUIREMENTS FOR R-4 R-4 REQUIRE- MENTS � A. Area Identification Sign: 1. One (1) sign per development. 2, Maximum size twenty-four (24) square feet. � 3. Minimum ten (10) feet from public right-of-way. � �� 214 044 SIZES SETBACKS AND OTHER REQUIREMENTS FOR C-1 G2, CR-1, �R-2 CR�Z REQUIRE-�� MENTS A. Area Identification Sign: T� One (1) sign per development. B. Free Standing Signs: 1. One,(1) per street frontage. � 2. MaxSmum eighty (80) square feet per development. 3. Maximum iieight twenty-five (25) feet above finished 9round level. 4. Minimum hefght ten (10) feet from battom of sign to finished 9round level within twenty-five (25) feet of a driveway. 5. Minimum ten (1D) feet frcm property line or driveway. C. Wiodow Signs: 1. Forty (40} percent of window area, excluding merchandise. D. Mall Signr. 1. Wall sign area shall not exceed 15 times the square root of the wall len9th on which the sign�is to be placed. E. Gas Statio�s: 1. Gas price signs are allowed o�ly as an integral part of the ldentif9cation sign or pump island. >w \ uE !. R a i i � � i a � � 5 Ordinance ��o. Chapter 214, Si9ns -�- 214.045 SIZES, SET6ACI;S A�lD OTHCR RCQU!RF.I4ENT5 FOR C-15 AND G2S A. Area Identification Sign: 1. One (1) area identification siyn atlowed per development. B. Free Standing Signs: 1. One (i) sign per street frontage. 2• Maximum eighty (80) square feet per developrnent.. 3. Maximum height twenty-five (25) feet above finished ground level. 4. Minimum height ten (10) feet from bottom of siyn to finished ground tevel. 5. Minimum ten (10) feet from any property tine or driveway. C. Window Sign: 7. Forty (40) percent of window area, excluding merchandise. D. Wall Sign: 1. Wall sign area shall not exceed 15 times the square root of the wall 7�gxh on which the sign is to be placed. 214 046 SIZES SETBACKS AND OTHER REQUIP.EMENTS FOR M-1 AND M-2 A. Free Standing Si9n: 1. One (1) free standing si9n per building or multiple use buildin9 2, Maximum eighty (80} square feet per development: 3. Maximum height twenty-five (25) feet from finished ground level. 4. Minimum height ten (10) feet from bottom of sign to finished ground level within twenty-five (25) feet of a driveway. B. Wall Sign: 1. Maximum two (2) wall signs per business allowed on different walls. 2. Wall sign area shall not exeeed �15 times the square root of the Nall length on which the sign is to be placed. 214.047 P AN� PD DfSTRICTS Sign requirements in P and PD areas would be controlled by the City � Council when the development is planned. 214 048 SHOPPING CENTER/MULTIPLE USE 6UILDINGS A. Nithin sixty days (60) of the adoption of this code, all owners of shopping centers and multiple use buildings of three or more businesses, must submit a canprehensive sign plan for their center or building to the Zonin9 Administrator for approval. B, All future permits within the shopping center and multiple use building areas shall conform to the conditions of the si9n.plan and may be subject to conditions other than those in the district regulations in order to promote a uniform combination of sign. > C-1S AtvD C-25 � REQU I REIAE NTS M-1 AYD Pt-2 REQUIREMENTS P AND PD DISTRICTS SHOPPING CEHTERS & MULTIPLE USE BUILDINGS �� 4 G F '� ; i . + i � i � i � ; }, i � I i � tl i a � � Ordinancc No. Chapter 214, SignT�s — SECTION 214 05 GEIJERAL REQUIREME1dTS A. Permits: � \ GENERItI REQUiREMENTS 1, Before a sign may be displayed in the City of Fridley, the owner or lessee of the premises on which the sign is located shall file application with the City Zoning Adniinistrator for permission to display such sign. Permits are required for all existing, new, relocated, modified or redesigned signs except those specifically exempt under Section 2]4.05 A, 4. 2, The issuance of a permit may also be subject to additional con- ditions in order to promote a more reasonable combination of signs and to promote conforniity with the character and uses of adjoining property. The conditions will be subject to the discretion of the Zoning Administrator. . 3. Temporary si9ns erected 6y a non-profit organization are not exempt from obtainin9 a permit for siyns, but the City may waive the fee requirement. 4. No permit is required under this section for the following signs: a) Window sign. . b) Address sign. c) Signs erected by a governmental unit or public school district. d) United States Flag. e) Bench signs. f) Memorial signs or tablets containing the names of the bvildin9, its use and date of erection, when cut or built into the walls of the building and constructed of bronze, brass, stone or marble. g) Signs which are completely within a building and are not visible from the outside of said building. hj Temporary signs (214.032, H). B. Application: t, ppplication for permits shall be made to the Zoning Administrator. 2. If a sign authorized by permit has not been installed within ninety (90) days after the date of issuance of said permit, the permit shall 6ecome null and void unless an extension is 9ranted by the Building Inspection Department. 3. The Zoning Administrator may require other information concerning safety. C. Fees: Permit fees and expiration dates shall be as provided in Chapter 11 of the Fridley City Code. D. License, Fees, 6ond; � PERMIT APPLICATION FEES LICENSE, FEES, BOND Na person, firm or corporation shatl engage in the business of erecting signs under this chapter unless licenses to do'so are approved by the Council. Such license may 6e granted 6y the City Council after written appli- Cation to the City Clerk. The annual license fee and expiration date shall be as provided in Chapter 11 of the Fridley City Code. No license shall take effect until the licensee shall file with the City Clerk a corporate surety bond in the sum of 51,000 and conditioned that the licensee shall conform to all the provisions of this chapter and indemnify and hold the City, its officers aiid agents, harmless fran any danw9e or claim resultin9 fl�om, or related to the erectio� . or maintenance of any si9n in the City, by the licensee. A license and bond shall not be required of any applicant wl�o is not en9aged in the Cusiness of erecting si9ns, wlio chooses�to construct and erect thefr own sign on thcir own p�roperty. 6G i I ; 9 � Ordinancc No. Chapter 214, Signs E. Exemptions: -9- The exemptions permitted by Section 214.05, A, 4, shall apply only to ihc requireinent of a permit and/or fce, and shalt not bc construed as relieving thc instatler of the sign, or the owner of the property on which the sign is located, from con- forming with the other provisions of this chapter. F. Maintenance: 1. Every si9n shatl be maintained in a safe state of repair 2. It shall be deemed a violation of this chapter when a sign becomes twenty-five (25) percent in need of repair. � 6. Existing Signs: 1. Signs Eligible for "Legat Non-conforming" Status. a) Any sign located within the City limits on the date of adoption of this ordinance which does not conform with the provisions of this ordinance, is eligible as a"legal non-conforming" sign and is permitted, provided it also meets�the following requirements: 7) The sign was covered by a sign permit on the date of the adoption of this ordinance if one was required under appli- cable law, or 2) ]f no sign permit was required under applicable law for the sign in question, the sign �aas in a71 respects in compliance with applicable law on tlie date of Che adoption of this ordinance. 2. Loss of Legal Non-conforming Status: a) A 1ega1 non-conforming sign sha71 imnediately lose its legal non-conforming designation, if: 1) The sign is�altered in any way in structure or copy (except for changeable copy and normal maintenance) which makes the sign less in compliance with the requirements of this ordinance than it was 6efore the attera- tions; or 2) The sign is retocated to a position making it less in compliance with the requirements of this ordinance; or 3) The sign is replaced; or 4) The sign becomes fifty (50) percent dilapidated or damaged, the remainder of the si9n is to be removed or 6rought into compTiance, or if the sign is brought fifty (50) percent into canpliance, the remainder of the sign is to be brought into compliance. 3. Abandoned Signs: Extept as otherwise provided in this ordinance, any sign which identifies a business that has stopped operation for a period of three months or more, or any sign which pertains to a time, event, or purpose which no lon9er applies, shall be deemed to have been abandoned. Pennanent signs applicabte to a business temporerily suspended because of a change of ownership, or management of such a business, shall not be deemed abandoned unless tl�e property remains vacant for a period of three months or more. An abando�ed 5ign is prohibited and shall be removed by the owner of the sign or the owner of the premises. MAINTENANCE EXISTING SIGNS � s f; 1 i i � { � Ordinance No. -10- ' 6 I Chapter 214, Siyns . . SECTION 21A.OG EtdFORCEMENT A. Zoning Administrator Responsible 1. The Zonin9 Administrator or agents shalt be responsible for the enforcement of this chapter. B. Violations of Code: 1. Any sign that does not comply with the provisions of this ordinance. 2. A si9n that is a hazard to the safety and welfare of tlie public. C. Notification of Violation of Code: ENfOZCEMENT 1�. If the Zoning Administrator or agents, shall find that any sign re9ulated by this chapter is unsafe, insecure, or is a menace to the publir, or has been constructed or erected without a permit first being granted to the ovrner of the property upon mhich said sign has been� erected, or is in violation of any other provision of this chapter,said Administrator shall 9ive written notice of such violation to the owner or permit holder thereof. If the owner fails to remove or alter the sign so as to compty with the provisions set forth in this chapter within ten (10) calendar days following receipt of said no±ice, such signs may be removed by the City. The cost of this removal, including City expenses, shall be as a special assessment against the property upon which the sign is located. 2, The Zoning Administrator or agents may cause any sign or other advertising structure which is an iimnediate public hazard to be removed summarily and without notice. 3. When the City sends the notice of violation, they will send a copy to both the permit holder and the landowner, if they are different. D. Penalty for Violation of Code: 1. Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Each day the violation con- tinues in existence shall be deemed a separate�violation. All siyns are subject to such penalty for violation of the requirements of the district within which they are located, even though they may not be required by this chapter to pay a fee or acquire a permit. E. Appeals: 1. To provide for a reasonable interpretation of this chapter, a permit applicant ��ho wishes to appeal an interpretation by the Zoning Administrator or agents, may file a notice of appeals H�ith the City, and request a hearing before the Appeals Commission. The Commission shall hear and make their recormnendations to the City Council who has final action. SECTION 214.D7 REPEAL Chapter 214 of the Fridley City Code as it existed prior to the adoption REPEAL of this Ordinance is hereby repealed. PASSED AND ADDPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1977. yor - Wi liam J. Nee L�ii�.i� 1 City C erk - Marvin C. Drunsel First Reading: Second Reading: Publish.......: � oJ NAEGFLE OUTDOOR ADVERTISI�7� COF�PANY OF TI IF TWIN CITIES, WC. �700 WEST 7BTN S�k[Ei. IdIi:;JEAFO! IS. �Aifvf1cS01A b`✓.`/.J/G1�-866-33C1 August 22nd, 1977 Mayor William J. Nee City of Fridley 6431 University �venue Northeast Fridley, t9innesota 55432 Dear Bill: We are quite disturbed �v=th�the proposal to prohibit outdoor ' advertising in Fridley. T•:e have been a member of your business � community for many years and have provided a vital service to the businessmen. It would be unfair to su3denly ban outdoor advertising from your city and taye awzy our services to the busi.nessmen. It is our hope that S�T1tI1 a better unacrscanding of our industry the City �vill adopt an ordinance tha± is fair to the people, tne busir.essnen and our industry. In order to better understand outdoor advertising it is _mportan� to look zt both the positive and �egativ� sides oi the question and then look at what the Feneral and State la�as contain. As an advertising menil �;�e are necessary to the business com��unity, especially to the small local mercnants �aho can use outdoor far more efficiently than any other nedium. We also provide money to the conununity by way of property tases and lease payments. ��e coniribute our boards to various civic and charitable groups an� governme�:tal uniis for pub?ic ser�•ice nessages. Last yezr tae contributed space to American Diabetes Assn., Big Srothers, Catho].ic Anneal, Catholic Educatior. Center, Cyscic ribrosis, Drug Education for Youth, Inc., • Departm2r.t of Communitp Educational Services, Fight llutch El�r. Disease, Good�vill Indnstries, T:;in Cities PLblic Television, Piinnesota 3•iultiple Schlerosis, United Way an� m�n}� other orr,anizations interested in pr.omoting id�as and events of piiblic cencern. Fin.:lly, it's important to remember that any inriustr� creates jobs. pirectly or indirectly, outdoor advertising aieans wor�}: ior thoiisands of people. It a co^��unity prol�ibits the outdoor aciv�r::ising industry from doinc7 business . it is taking jobs a��•ay fro:n people. Today, as al��ays, it is important in our frce society to alloia a person to pursue whatever legii:imate vocation 2�e c}�ooses. �t ��nu, 1 � �� , � Unfor.tunately, many times when outdoor advertising is being discussed, only thc negative aspect, visual cluttcr, is considered. Aesthetics thus seems to be the basic underlyin9 factor in strict or prohibitive leyislation, yet aesthetic� in itself is a very difficult idea to govern. What may be aesthetically pleasing to one may be distasteful to another. So it wou2d seem that some type of middle ground should be estab2ished. The "billboard alleys" that were created in the past are part of visual clutter and should not be alloored. Prohibition of outdoor advertising, on the other hand, is equally unfair. Hopefully, the anstoer lies in a restrictive ordinance that allowa a legitimate �� business to continue to function, yet creates no visual clutter. Yn our proposals we believe that U�e have accomplished this purpose. It is also in�ortant to understand the position of the Federal and State Governments concerning outdoor advertising. In 1965 th� original Feder.al Hignway Beautification Act was passed. In 1971 the State of :•.innesota passed a Beautification Bill bringing the State into compliar.ce ��ith the Federal Bill. There have been some modifications since then, but the essential intent remains the sane. The t�•ro goverr;�ents recoqnize outdoor advertising as a legitimate business with a right to do business; but Iike all businesses, are subject to certain restrictions, i.e., zoning, spacinq and sizina. Outdoor advertising is allo�red in all Cor��nercial and Infiusirial zones, the structures must be spac2d either 100 feet or 5G0 feet from another outdoor structure (depending on the road ciassification), and is allotved up to 1,000 square feet in size. Outdoor advertising is a legitimate, viable business attempting to do the best job gossible for everyone concerned. We, at Naegele, believe that we have been a good member of the Fridley business co:nmunity and hbpe that tve can continue our good relationship. • Attached are our recommendations for the sign ordinance in Fridley. IIy adoptinq these recommenciations, outdoor advertising �,�ould be located only �;here other businesses are found and would be correctly spaced and sized. With these regulations Naegele Outdoor Advertisinq and the people of Frinley can continue to live and �.ork in harmony. Thank you tor your time. Sincerely, y�, � / "'�-�--�', . j �' � G�� J:raig A. LofquisL-, Director Community Relations fiAL: bap Enclosure cc: Council Membcrs a .T,,,..,,. �. I' �nzDr.cY GL SPECIIIL R�GULI�TZONS FOR ADVGRTISIPtG SIGNS A. Outdoor advertising structures and billboards which advertise products or bu�fness not connected with the site or building on which they are located shall be permitted as separate uses on property which is zoned C2, C2S, .M-1, t•i-2. . B. Size ].. The mar.imun size per facing of a freestanding advertising siqn shall be three hundred (300) square £eet in area except along the freeway where it may be increased to seven hundred fifty square feet (750) in area. �tvo (2) facings per structure s:�all be the maximum permitted, and double-faced signs shall be attached �ack to back or "V" shaped. 2. A maximum height of forty feet (40) above the lot qrade is permitted. However, in sucn case as vie��ing �rom a hiqn:aay is intended, this distance may be compufed above the center line elevation of the traveled high�aay. , C. Siting l. The minimum lineal distance between advertising sians on the san;e side of street shall be five nundred (500? feet. No lineal di�tance need esist if sign units are separated by visual barrier. 2. The minimun setback from street ric3ht-of-�aay lines shall be thirty (30) feet. 3. The minimum setbac.l• di.stance from an intersectien, residential district, park, playqround, school.or building used for religious purposes shal� conform to buildinq setback requirements. D. Speczfications , The strUCturc of the sign sha11 be all metal. Such metal shall be eit:her p�inted or trcated in such a manner as to prevent detcrioraEion. Sign facing and border may, how- ever, be const:ructured or finisl�ed in �000d. d 6 �� MEMDRANDUH T0: Richard So6iech, Director of Public Works FROM: Virgil C. Herrick, City Attarney RE: Billboard Ordinance DATE: September 9, 1977 At your request, I have reviewed the draft of the proposed new ordi- nance reZating to signs and billboards. I have the following comments. SECTION 214.02 DEFINITIONS There seems to Ue an inordinate number of definitions. Please check to make sure that all of the terms thaY are defined are used in the body of the ordinance. On ACCESSORY USE and BAIvTNERS AND PENNANTS, I would suggest eliminating the material after the word "examples" and the material that appears within the parentheses. It appears to me thaL the definitions of IDENTIFICATION SIGN and INSTITUTIONAL SIGN are repetitive and they could be combined. The use of the words "sales display device" in the definition of PORTABLE SIGN is confusing. The words "or in the case of inessages, figures, or symbols attached, directed to any part of the building" contained in the definition of SIG*I AREA are confusing. In the definition of UNLAidFUI, SIGN, bra'ad discreLion is given to the administration to declare certain signs unlawful without providing any procedure to notify the owners of the signs. SECTION 214.031 SIGNS PROHIBITED IN ALL DISTRICTS Section B relating to obscene, pornographic, immoral, or untruthful advertising is extremely broad. [dho is to make the determination as to whether the advertising falls within these areas? Sec[ion E prohibits signs which resemble traffic signs or signals. It contains the words "or bears the words 'stop, go, slow' or similar caords used for traffic control". I feel Chat the quoted material should be elimi- nated, as it is overly broad. Section J relating to advertising signs is difficult to interpret. s r� -z- SECTION 214.032 SIGNS PERMITTED IN ALL pISTRICTS I question the need or authority to have a section relating to the United States flag. Section H relating to temporary s3gns permits a temporary construction sign for developments of 10 or more residential units. I do not see any corre- sponding authorization for developments of fewer than 10 and believe that this differentiation might well be considered arbitrary. The portion of this section relating to construction signs and the portion of this section relating to real estate signs seem to be a duplication. The same comments relating to 10 or more units are contained in the portion of the section relating to real estate signs. The provision requiring the removal of a sign when the project is 95� completed seems to be arhitrary. In the section on political signs, I question the authority of a city to prohibit erection of political signs before the closing of filing. In the section on banners and pennants, the first sentence is incomplete. Is it the intention to permit banners and pennants only for grand openings? SECTION 214.042 SIZES SETBACKS AND OTAER REQUZREMENTS FOR R 3 and R3A This section limits the vacancy sign to three square feet. Is this adequate for a large apartment complex? SECTION 214.05 GENERAL REQUIREnfENTS The provision permitting additional conditions at the discretion of the zoning administrator is extremely broad. No permit is required for temporary signs. Nothing in the ordinance indicates how long a temporary sign may be erected. The section on maintenance is poorly worded and extremely subjective -- very difficult ta enforce. The provision indicating that the•zoning administrator shall be respons- ible for the enforcement of the chapter does not belong under the section on maintenance. In the section on loss of legal non-confirming status, item 1 relating to alteration of structure or copy is difficult to interpret. Item 2 should be limited to "the sign is relocated". The rest of the language should be stricken. Item 4 providing that non-conforming status is lost if there is a change in owner is unconstitutional. Item 5 is very confusin� and should be rewritten. SECTION 214.06 ENFORCEMENT The section authorizing the zoning administrator to remove signs which are a public hazard without notice could very well subject the city to lawsuits. CITY OF FRIDLEY ?�1EMORANDUM P�MO T0: 1Richard N. Snhiech,_pnhli� lUnrkc nirvrtnr � t�MO FROM: ��J�'�homas A. Colbert, Assistant City Engineer UATE: September 6, 1977 SUBJECT: EASEMENT ENCROACHb1�P7T REQUEST FOR IAT 8, BLOCK 1, ROTTLUND OAKS In response to a letter from the Rottlund Company dated August 10, 1477, regarding the above subject matter, a review in the field determined that not only is the existing house encroachment lt feet into the dedicated 6 foot drainage and utility easement, but there is also a 3' x 3' concrete stoo� encroaching an additional 3 feet; therefore, this implies a total en- croachment of 4`- feet by a permanent structure into an existing easement. It was also determined that this easement is used as a main drainage out- let for the abutting properties; therefore, it is recommended that this encroachment he allowed �vith the following stipulations: 1. Letters of release from Cable TV, Northern States Power, Minne- gasco, and Northwestern Bell Telephone be ohtained indicating no objections to this encroachment. 2. Either a 25 foot triangular drainage and utility easement be ob- tained from the Northwest Corner of Lot 5, Block 1, Spring Brook Park 2nd Addition, or an additional 5 foot drainage and utility easement parallel to the West Line of Lot 5, Block 1, Spring Brook Park 2nd Addition. With both stipulations being met, I would foresee no problems with allowing the requested encroachment. TAC/grs Attachment 7 THE ROTTLUND C(D., INC. Post Office Box 32082 Fridley, Minnesota 55432 Phone: 561•4340 August 10, 1977 FRIDLEY CITY HALL 6431 University Avenue N.E. Fridley� Minnesota 55432 Honorable Mayor and City Council members: The Rottlund Company, Inc. would like to request permission to encroach one (1) foot into a six (6) foot utility and drainage easement on the easterly property line of Lot 8, Block 1 of Rottlund Oaks. The reason for this request is that our survey at the time the basement was installed did not show this easement. Attached, for your information, is a copy of the proposed lot survey and a copy of the mortgage loan survey. Your expeditious handling of this matter would be greatly appreciated. Sincerely, THE ROTTLUND COMPANYt INC. �" t�� Dav d . R tter,.� Vice President DHR:vg ENC; 1A . � . --- -�. ��_ � i0 j � ", o�uw��w . ,- ' .. . . ' 'r., ... . �,� .... � ��N�IN[lOINO � �v �. ��. � � B � . �M[ . M w M Y'.�.V �. � ....� N.r�u...r fn��...�.y�.. I..�� •1 . �. .':_�.. �.� � �TMiM�i: � Y .. .. . y � : ..4 I-.n �uM . . � Q N � ... M �� .!,��r Mo�trtgage Loan Survey for " � ' � . 3 y0 ELY STREET 3 x 3 CoHC2e-rE Srooa �_ � � I o' � �9p � � ; �s000 �� Nl i a � _- � , _ - m `..' I ., ,� � <.: � N � � I � 0 � o�� ,n J �� v � `;�� u �„ � \ �, . G� MORTH _ S.f' , � {� I F � �`� � f '� � .r - ., -/ • � . � 1( � / -)- �.l__..._.�.)� w�. .�.�f$ / j � 1>� a / �r ;_` ; Sy.....j'� I `� ` � , m %D • 3 ± � � I °�° „-- � � �_,_. f. , 1 �. �'4 4s.00 � �J o� �, � !- L�L� ^ n�ti4 �` � �,- b hQ�l�(�� / e �`� L o T s��ock 1 =_� -��5 �roirra�e c ¢osemen� !�?�T TL UND OAKS �►Na� «uT>� Th�� i� ��ro� aM �y.��tr ��p.�f�nra��en el o�ur r�� o/ ih� bound�.q� sl rh� lond ab�r� d��vlb�tl eM d eb� leaal�en �1 ell MuHdlnp� �1 anr� rhv�on� ond all vi��Eb •nueo<bm�nn, i/ a..y� hem o. en •u1 bad Ihi� wrwti 1� mad� �nly �n �enn�il��n rrtA a mer�qoy� lean n�r E��n� plea�d en �be p.op�rly ond n� I�a►�L1y 1� os��m�d •�i�p1 to �h• Aold�r e/ �uih merrqoy� sr onr ol��r inbr�N o�y��r�d ► �Fe r�osen d w�h rM�r�1e�1 end oyr�ed eo ...en�m��r� ha.e 6��n ple��d ler �A� � ��rryap� 1� 1� <�•n��. D��d rA��._,µi.Vur of�i'1�� D IV�� Pv.p�u e/ ��robinA�n� IN lin�• �. 4wwMry f , SU�UR6AN [N61NEtRIN6, INC, ��"O� : / � QQ ��y��..� s�_ �.�+ . "��_l �� a r4C-�,lr.,.. !A AII Hphls 4lessi veJ I � i vy ��) u.0 a.i�, u..n. ni n.�. n c a,�� i�� ..c..n.�.n.� w a.e...nm Form No 31-M. ni��,��. u�n�� c r��a m t 1u, � y i u i� .._ ___ _- -._ - -� - _ ; a � r. �( ` ,,,, a,(,`f � � LI��J .L�tU�TYti(LC� .ifnde U�u . ........1ALll ........_... dnr n .$(, i(:L'll]Cl'. !D 7% � �� F u �'� J I. ... `p •F � .___.., lmun ......._........_.._.._.._...�..._....._.__.._.__ ................:1hc...linTtlund..Gomp�ury,...Inc................................_._..._...._. � 4 � ..._..._....... I } ! n rorpor¢tion urtder tlit daws a/ !ke Slale oJ .............. ¢ eorporn(ion und�r Lhe lawa o/ !]�e State of parly of Uee araind pnrE, yarlJn/Ou finlprsri, �nd c+'�°��v3��7, Th.nE Ure snid r1� oJ the fint pnrt, in �on¢ideru.tiun o/ !Ae aum oJ One Dollar ($1.00) and other va�ucs receipcd ..............._ . . . .................... .................. .. ..... DOI.L.?RS. . . .. . .. . .. _ . ................ .. .. ...................... _...._.................................._.....................__. !o it in hand paid b� Uee suid p¢rfy o/ tlu saonr� pnrt, thc receipE whertoJ is 7tcreLJ ae7-notc7ed�ted, daea hertL� (:rnnt, Rnignin, QuiEcl¢im, and Coiun� ¢nfo the aaid r�¢��6j of (he aeean<1 pm>-1, ifs aucessars and paxi�ns, Forecer� a1! tht bacE......_.. or pareeL_....... of fand l�in� and bcing in Ute Cuunty of...__._...._.._, MoKa � „_,,, ,Qnd.St¢Ee of rllinn[SOta, deser(Ged ns Jollou•s, to-miC: A S foot utility and drainaoe easenent described as foll.ows: ' . 7he East 5 feet of tlie 14est 11 feet of Lot 5, Block 1, Spring Brook Park, 2nd Addition. All lying in the South 13a1f of Section 3, Township 30, ^ange 24, City of Fridley, County of Anoka, State of Alinnesota. The City of Fridley hereby accepts tlus casement for utility and drainage purposes. i'� ST�1TE DEEp TAX RLQUIRGD �RI6�NR �- ON rrLti �f /%/UOK/a �'ov�v7-y , � ��,�,.,.. �-� �A� F rvin C. rwse 1- '� ler - y . � . ...` . ' �o ]Ljabe nna to ��olD trye �ame, To�ether eetith ¢II the Iureditamenta nnd ¢ppur(en¢nces lhero. unEo belongirtg or in an�u�aa apprrtainin„ to lke said p¢rfy of Lhe second part, ih a�ecressore and asti¢rta, Fan:�er. / 1 i L�. �� [ LieGlimonp �I(Jcrcof, Ths enid jrrse �,a.t� ha, causcd tAme preaanfe to 6e rsrculyd in ita rerpora[e nnme Ly ita...._��..._._.„_... Pruiden! nnd it,t..Y1CQ..1'.I.C.S1dCRG.........and ita torporafa aeai !o be hertunlo nJfi,e�d !he da� and yrar first aboca urilten. ..._.._........'fhc_Rott limcl._CamPinY�.._Inc.,._..._.__._._.. By ..._�... �`� ' �. . ._...._..... '��.. , e,....._._/....,...�..__._.rru�ac,e :�.. ..,..�.%/ ��'.,� � �. �a_.i..'i t.�c��,.._.__._� � 7C ` i�.. : CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL fROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: ISLANDS OF PEACE PAYMENT DATE: SEPTEMBER 22, 1977 The interest due Peter lametti on August 20 for the contract for deed has been paid by the Islands of Peace Foundation. The interest has not been paid to Robert Minder. The amount paid to Mr. Lametti was $1,680. One thousand six hundred eighty dollars is still due to Robert Minder. I understand the Islands of Peace Foundation has approximately $559 on hand to apply towards the $1,680. They had expected to receive an additional $500 to apply on this interest payment, but apparently have not received it . In any event, an additional $1,121 or $621 will apparently have to be advanced by the City for the August 20 payment. I recommend the City make up the difference, so that Mr. Minder's interest payment can be made in full so as not to jeopardize the contract for deed. The payment can be made with the understanding the Islands of Peace will repay the City if and when they receive additional funds. Mr. P4inder has been very generous in waiting this long, and we probably should not hold the payment up any longer waiting to work out something with the Islands of Peace Foundation. The Foundation still expects to come up with the $1,121. MCB:sh cc: James Langenfeld 0 .----1. .' - I 'T� -_ l _.. _.,---. ..__. ...._.__. __L..:. _. _. ._�_..,.... ,.. ...__ _..._,�� _. _.-- --_..._, , � -__-- �:_�1 :. :j: _ .... _.. 1 _ , ,:� _:_ � � .__"'___ _ . .;i -__.�_'". � . _ .. . . _- 1 �� . I ..^ .. _��_ ` _ .R ....�.. .�._ � . .... � __ -�. 1 -- ? � .. ._. . _.. � .. .. . _�.. � . .....�_-�::.:..a_-'i.._��_._.---°__}r_._-n— .f __'-2��' ,� =_�aJci,`_v.,^, lo. I� iZ b �1 �\.� D0.^,? Ca>:h'°.�' <S vA5! 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UII�—T — y _ � .";7,5',' A:? ` ! !F� � i , �� : 1 i \ i � \ � . � ; J{ ; �.—w4'+:.: �; � N,JnK �On��_ I+ ' � t ' �.��,: ' � � I �, ;� , `I - - r,p�o� ov=rw�eeia-- - --i - -_ I �r .. _ . . . _,..� { . r � { �sl a n dS Recreation (,�„ and Nature Study ��` Pe a�e for Everyone ADVISOqY BOARD EUGENE �ALV, cmdarmmev Vem�mACminiminon EVERETTEOODGE himipi DoM/ng $cM0! bi GlppbdCM/prsn FREDRICK J. OPESSER u;eMx F�w.NSa.��.�, tl Lwn A�jxurion fOSTER OVNWIDDIE VicePreNJent Rrc�iee[n ol Ban:q /O� f�e HarM;�q�ep WILLIAM GREGG Atlmimureror VetpenvHOmvSUrc ol Mi�maon HICkARD JACOBSON ��.orc,;�.�, fritl/ry Sbn Bank FRANKJOHNSON Exttu�ivaDirecror u��„�;..��. e«h�e,;�e NOBEqTKOWALC2VK �,o, v.u..x�aio.�n. MrnnllrMerrp¢eypp DAVEKPUEGER �;., at...�;� Md a.�;,;..,� Vere.uu Mmadl, Minmwu DR. JQSEPH MOqIApTV AI�rcY HesGiM LEON OLSON E.recuriven�.xtn. TMni�panOfmploymen[ olNmtlic�pppqp�l�r Hia,l.w. ROGEFlSCHMAUS v.MCyN NoSert Lavir Stnnuon fNmenruy.qenoW WILLIAM SCHOENBOL61 frecunYe Dirxror „��a,.��o, �.;,�,.a�,.�.� AdNo- DR. BflOfl 5. TROEDSSON Cnief My�kel AkCiaJM olVatxenr . Hoyl�el, Minrwov ED WILMES orid�xro. �,,.;,� ISLpNOS OF PEACE COMMITTEE ELMEfl F.OLSON LINUS B. FRITZ RON F..BUftTON REV. M. G. DENYES HEV.E.A.CHMIELEWSKI TONV OLSON V.f.W. Kd WAYNE PETTIS Ame.a.w tqm Povr aoJ OONACEBULA Anwiwn Lapan Aur�/li�ry M�1JOJ RUTHSTAPK V.F.W. A�a�lliuy qur NJ PAULBROWN E. Onrcm Crry o/ FnINry CARNOLL KUKOWSKI SI[MlNy ._ Mr. James H. Ia n6enfeld 79-63?- Wa.y N.L,, Pridley� rin, 55432 September 19,1977 CITYOF FRIDLEY•6431 UNIVERSI7YAVENUE N. E. • FRIDLEY, MINNESO7A 55432 TELEPHONE (612) 560-3450 Is„ Willi2ra J. Nee, Y+Iayor, City of Fridley, Fridley City 3�11, Pridley, :In. 55432 Subj« Foundation for the Islanda of �eace - Anoka County assistance: Dear Bill; Enclosed please find the following correspondence: (a) Ltr� dtd. 8-31-77 to P��r, A1 i�ordiak, Chairman, �.noka County Boerd of Cora�issioners, from Jemes Langenfeld. (b) I.tr. dtd. 9-12-77 to Dave Torkildson, Director i'arks and Reereation Dept« Anoka. Ctyp from A1 Kordia.k, The enclosed correspondence clearil3r indicate the Foundationst deaire and motives in promoting the necessary a.etivities and services as outlined in the recent lease agreement. The Foundation woqld apnreci�.te a letter to either A1 Koxdiak or Dave Torkildson indicoting the a.pproval a.nd full support of the Council regarding Anoka Countys' a.s=ista.nce and in- volvement. The Foundation �vould appreciate a�opy of the requested letter, Againr Bill, the Board appreciates the aesistence the City of Fridley has �iven us, RBBpeCtfUlly, �� ✓ /l� .p4(_ Jamea H, �nf d, Pre 'de Foundation For the Islands o£ Peace� Incorporeted "Where peace is a way of life every hour of every day." Board �IN C�TIw // � C �J iiletro Square Buildin�, 7th Street and Robert Street, Saint PauI, Minnesota 55101 . Area 612, 291-6347 For�a � H. Grawford AugLSt 29, 1977 State Legislatcrs 'a" City Gouncil Me�bers Co. Commistioner County Board rle�oers H.Johnzon Ca.Commissioner 'n*_eres*_ed Citi2ET_1S D. Lyles Portation qdvisory Board drrtha Norton ul Planning 8oard B. Otte n9ton Co. Commissioner a Pennock ri Rasmussen A. Reed Dear Iaterested ?ersor.s: As you may be aware, the Transportation P.dvisory Beard has appointed a Aiajor River Crossinos Task Force to s*_udy the major bridges and riv�r crossir.gs proposec� and esistir_g, in the hietropolitan 6rea. The study purpose is to determine a priority listing fer fnr_ding and cor.structicn, and to r�cor.uaend su�h othe.r actio: s as 2re relevarit prior to Jnly, 1978. T'ne task force is interested in ir.put from those people directly affected by the partic;alar bridges uncer cor.sideration (see enclosed �ist). There is grobably at least or.e bridge under consideratiort, quite likely r�ore, t�:at �vill affect your geograYhic area. ide are ariting to request thzt yau assist us ia devaloping criteria which would help ulti�a*_e1y �n setting the Friorities for constructior. or recor.- struction to be dor.e ca ail o� tne variaus riv�r crossing brid�es in th� :�etropolitan Area. T'r.era- fore, would you ki:adly sen3 ns your tnoughts, partic*a- larly :tiith regard to *_he major �actors w:.ich you feeZ ought tQ be psramount in conside:.ation of any bri3�e in your area, tha major items of cencern to the people and citizens of your area, and tne factors � which you feel might te:�d to make the bridge ir_ your area a priorit,� project. We wouid also be very interested ir. ycu-r general c5aarvation as to the types of considaratior.s �i:at shoeld 5o into a co�parisen of a11 oF t�e bridges �n tha :fetro�olit:�r: Arez. ' ;nney Created to Coordinnto the Plnnning rtnd Development of Lhe Twin Citiea Motropolitun Aroa Comprisiug: County O Cnrvar County o Dnkotu Countv O Hannenin [�-��---. .. nkv A C....�a i+�.. . ... . . � -z- A 2ist of the types of criteria, not in the order of priority, that the comsittee is con- sider�ng is enclosed. We would be most interested also in your reaction to that list and any sugges- tions for additions cr modifications that you think would be helpful. Since one of the criteria under consideration is consistency with 1oca1 p�ans, would you please ap�raise the coumittee of any local pZans tnat relate to the river crossin�s identified. Your response within the naxt two or tnree weeks would be appreciated. It is the intention of three pubiic neetings i wit:��n t:e next 90 to I oppo:t��nity for further be sent when the ti�es Enclosures (2) tha co;r�ittee to hold n the Metropolitan Area 20 days to afford an cou�nen*_, Notices wi11 and places are �stablished, Sincerely yocrs, �,`Q'�-��v...�v`�` • �G�Q.cc.:�rt� a• Rollin A, Crawford Cnairman cc: Le�isZative Co�nittees Metropolitan Council Transportation adc�sory RiiC : hl on Bridges Board 9A TRAClSPORTATIO`I ADVISORY BOARD Suite 300, Netro Square Building, Saint Paul, ttinnesota 55101 ML`:.tESOTA RIVER 1. 2. 3. M. 5. 6. 7. 8. 9. MA.TOR RI4v'R C�OSSINCS TO BE CONSIDERE� IN ESTABLISAING PRIORITIES BY TASK FORCE Highway 41 - Chaska Highway 41 - Chaska (Pr000sed) fiighvay 159 - Shakopee Hennepin Count� 18 - Bloomington (Closed) !2`I&S Railroad Br:dge - Savage (Closed) I-35W - Bloomington Cedar Avenue (Highvay 36) - Bloomington I-494 - Bloomington (Yroposed) Mendota (Highaay 55) - Bloomington :!ISSISSIYPI RI�/ER 10. 11, 12. 13. li. 15. 26. 27. 18. 19. 20, 21. 22. 23. 24. 25: 26. 27. as. 29. 30. 31. 32. 33. 34. Highway 52 - Moka Plorthtown C:osstown - Brooklyn Center I-694 - Brooklyn Center - Fridley Camden avenue - Minneapol3s Lowry Avenue - �finneanolis Broadway Avenue - :4inreapolis Plymouth Avenue - .Sinneapolis Hennepin Avenue - M±nneapolis Coon Rapids (Proposed) a Central Avenue (Highway 8 and 65) -:iinneapolis I-3iW - ;linneapolis lOth Avenue (Y.ighway 36) - Minneapolis •dashington Avenue (Highway 12 and 52) - :tinneapolSs . I-94 - Mianeapolis � . Franklin Aveaue - Minnea�olis ' Lake Street - Marshall Avenue (U.S. 212) - Minneapolis-St. Paul Ford Parkway.- ,finneacolis, St. Paul , West Seventh St:eet (iiighway 5) - St, Paul I-35E - St. ?aul High Bridge ;Highway 49) - St. Paul Wabasha - St. Paul Robert S�reet - St. Paul � Lafayet*_e (Highway 3) - St. Yau1 I-494 - South St. Paul - � SC. Paul Park (new location proposed) U.S. 61 - Hastings . ST. CROIX 35. U.S, 10 - Prescott 36. I-94 - Hudson 37. Highway 212 - Stillwater 8/26/77 /ln • � MEP:OR.aIJDGM 9C TRAi�S?ORTATIOV ADVISORY BOARD Suite 300, Mztro Square Build�ng, Saint Paul, Mir.nesota 55101 August 12, 1977 Rev. Aug. 26, 1977 T0: blajor River Crossings Task Force FROM: Clem Springer and Fred Tanzer . SUBJECT: Preliainary List of Criteria for Establishing Priorities for � Major River Crossings At an earlier aeeting, 26 criteria weze identified as having potential value in developing priorities. The lis*_ contair.ed soae duplication, especially when ways of ineasureseat were reviewed and has now been reduced to 16. The criteria have been reordered to nlace ones o= aimilar nature together but ara not in any rsnk order. A suggestion on hoa to measure the criterion follows each one. Service Cri.eria � Measure 1, Structural adequacy and safety � Rep:ace�ent Priority Criteria (RPC) ( Value 2. Serviceability and functional obsolescence T See material passed out at �eeting J by Ym/DOT 3. Essentiality for puSlic use . k 5 Safety Trip demand a, present b. projected c. �coacnuter d. othe: o. Service Area 7. S. Tr2nsit considerations Vo:uae/Capacity Ratio a. presenc b. projected . Functional 9. Po:er.t±al for energy savings/air �ollution reduction :0 11 Impact on alternative route bridges Impac: on travel time 12. Access to metro scale facilities 13. Outstate significance Ianle:nentation 14. Consistency with Develooment Fraaework Cuide 15 Sys:em completion Accident rate ADT ADT peak hour counts off peak counts � : . � popu:aCion and employmant in area directly served - present and projected Bus counts volume/capacity 1975 volu:�e/capacity 1990 value judgenent or RPC value volvme fmpact on alternate route bridges if bridge is closed or not Eui1t tocal of traval time increase by alternative rou[es � yes-no, based on FAU criteria yes, no, based on functional classifi- cation yes - no metro - yes, no, based on Transpott- tation Policy Plan state - yes, no - based on state pian 16. Consistent with local plans yes - no `�_ .. _..�%�' 9D CITY OF FRIDLEI( 8431 UNIVER$ITY qVENUE N.E., FRIOLEY, MINNESOTA 55432 . TELEPHONE (812)571•3450 September 22, 1977 Mr. Rollin H. Crawford, Chairman Transportation Advisory Board Major Rivers Crossing Task Force Metropolitan Council 300 Metro Square Building 7th Street and Robert Street St. Paul, MN 55101 ROUGH DRAFT The Fridley City Council would again like to voice strong support for a major crossing of the Mississippi River at the location proposed with the PJorthtown Crosstown. We feel that another major crossing in the area is of vital im- portance for the overall development of the northern metropolitan area. Although we are not, at this time, in a position to make specific recom- mendations on the criteria to be used for prioritizing your project listing, we would like to point out some of the effects a new crossing would have on the City of Fridley: 1. The City is presently a traffic funnel for commuters from outlying areas to the downtown. Within approximately 2� miles,or a total width of the City, there are three major north/south traffic corridors that are each presently carrying from 20,000 to 30,000 vehicles a day. Without a northern bridge crossing to relieve some of the tension on these north/ south routes, the already heavily traveled routes may become overloaded past capacity and carry upwards to around 40,�00 to 50,000 vehicles per day by 1990. The overloading of these routes will make already difficult east/west access in our community next to impossible. This not only causes problems of providing City services to our citizens, but can also cause Mr. Rollin Crawford 2. -2- 9/22/77 9F the residents to lose a feeling of City-wide association which is vital for effective government. The placing of a major crossing north of the City with direct connections to I. 94 to downtown,will provide a filtering off of a major portion of the expected traffic increases, leaving a more livable situation for the City. It is also suggested that a north crossing would also tend to lessen future impact of proposed traffic increases on the already congested I. 694 bridge (1990 - 147,090 ADT). A north river crossing will help shape the future of the develop- ment of the entire area by opening up markets both east and west of the river, which are presently discouraged by length of travel time. Development in the Northtown Regional Center area would be immediate, making it serviceable to the west side of the river as well as the east. We see this development as a positive step for our City by providing increased services that are easily accessible to our residents. Without this river access, the development possibilities are certainly much more limited in nature and therefore,would limit the potential services to our residents. These are two of the more apparent effects that a major crossing would have on our area. You may also want to take into consideration matters such as economics, regional park access, transit potential and other more marked issues. 9F Mr. Rollin Crawford -3- 9/22/77 We would again stress the importance of this crossing in our area and urge you to consider it as a high funding priority. We are looking forward to working with you on this matter and will provide any additional material that you may need that we have available to us. Sincerely, William J. Nee, Mayor City of Fridley WJN/JB/jm 0 10 CITY OF FRZDLEY ldEMOR?IIJDUM MEMO TO: Richard N. Sobiech, Public Works Director MEMO FROM: � ff'l JThomas A. Colbert, Assistant City Engineer !1 — DATE: SUBJECT: September 19, 1977 DEPARTMENT OF NATURAL RESOURCES - BUILDZNG PERMIT RESTRICTIOIdS Early this spring, a homeowner contacted the Citg in regards to ceasing oar Building Permit issuance for several lots in the Innsbruck North 2nd Addition to preserve the natural setting of the area. He was informed that the pZat was approved with the intentions of aSlowing single famiZy residences in the area and that a22 bui.2ding permits meeting the normal requirements would be issued. He apparently, then took his request to the Department of Natura2 Resources who after reviewing the area in guestion, declared the following 11 Zots as being classified as Type III wet2ands requiring a Department of Natural Resources Water Resource Per- IIIl t: LOts 7� 8 Lots 1, 4, 5, 6, 23, 24 Lots 5, 6, 7 Block 1 BZock 2 Block 3 Inn. No. 2nd Addition Inn. No. 2nd Addition Inn. No. 2nd Addition On June 27, 1977, we received notification from the Department of Natura.2 Resources of the Iots in question and of their permit requirement. If previous permits were issued for any of these 1ots, we were also requested to inform them of the Department of Natural Resources permit requirement. 6Je were also requested to delay issuing any futare permits for these lI Iots. In a teSephone conversation on September I4, 2977, with Mr. Ronald D. Harnach, Department of NaturaS Resources, Regional Hydrologist, ovr discus- sion resulted in the clarification that their letter of June 27, was a request and not an order. It is the Department of P7atural Resources` sesponsibility and jurisdiction to ensure compliance to their permit require- ment. This information was discussed with V.irg Herrick on Fridag, September I6� 1977. Virg indicated that the City would not be held responsible for the Department of NaturaI Resources' requirements of another party, and if the City wished to issue any permits, it should be with the written notifica- tion that it is the owners responsibility to obtain a11 necessary permi.ts from aI1 regulatory agencies before beginning constraction activity. ' ,,,. . � � � ' �..,. „� ��..5 ; N r 0 . .r .. h , �p�I. , a (� V L� vi 't` , �. ^r- •'7�y , � . ti�� ` F � . Q vY xwi 7 '� ; t T Q .. 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S O N '• O. n .� z � \; * .r'° �`" -_(y�� a b � � a � V ,�� V Q Y� �' y � � �� n°" Q � 7 � a Z'P�Q MiJ�.r-e.. : � �3 ,r.,,� N •�lq N4 N ie � � � ! .� rr.r • i�i�r�w N A'/ Y�� I � N � �; Y N� ��, y� � N rru• .�� S i Q� t �� '%J O �9 `. � ` .+r.e.i � .�a+.r� � � N ,r. � , j �y �• ,f 1g �y�}! � a. o O A � y p � � w • �•� � f� � ��.r±"� 7�.• � �.i n�w.i �. cJ.6r.wiiCF' W'� w n�i � 1R J� 1�0/� t� " L � n R �Y�lw.♦ ` MA.I./� M' O\ '� / '7�` fif.f r• nr.. ywvy. ^'� xw.>s N Nn i� N,.w � !/� Q' "'�'.�++�r- ' �1`}�1Y` .,... � te�..D � g. W'q: . - 11 A RESOLUTION OF 7HE COSTS (MSAS) AND ST RESOLUTION N�. ORDERING PRELIMINARY PLANS, SPECIfICATIONS, AND ESTIMATES THEREOF: STREET IMPROVEMENT PROJECT ST. 1978-1, ST. 1978-2 1973-4 (CSAH) BE IT RESOLVED, by the City Council of the City of Fridley as follows: ]. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter,sidewalks, storm sewer system, water & sanitary sewer services and other facilities located as follows: STRE€TS UNDER PROJECT ST. 1978-1 57th Place 58th Avenue 59th Avenue 60th Avenue 2nd Street 2 Z Street 3rd Street 81st Avenue Channel Road 63rd Avenue 7th Street 5th Street 53rd Avanue Main Street to TH 47 Main Street to TH 47 Main Street to TH 47 Main Street to 3rd Street 58th Avenue to 61st Avenue 58th Avenue to 61st Avenue 58th Avenue ta 61st Avenue TH 47 to Main Street 68th Avenue to 360' North 5th Street to 7th Street 63rd Avenue to Mississippi Street 63rd Avenue to 130' North TN 65 to 65U' East STREETS UNDER PROJECT ST. 1978-2 (MSAS) Main Street 58th Avenue to 61st Avenue 79th Way East River Road to Burlington Northern Railroad STREETS UNDER PROJECT ST. 1978-4 (CSAH) 57th Avenue Main Street to 3rd Street Central Avenue Osborne Road to 76th Avenue 2. That the Public Works Director, Richard Sobiech, City Hall, Fridley, MN is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, inctuding every item of cost from inception to compTetion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financin9 thereof, and to make a preliminary report of his findings, stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recorrnnended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. Resolution No. -2- Ord. Prel. Plans, Specs.& Est. St. 1978-1, 1978-2 & 1978-4 3. That said preliminary report of the Engineer shall be furnished to the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL li a � CLAIMS No. 257A08 - No. 263809 LICENSES TO BE APPRI License• 's Liauor Di Hazel Orinne Ke6oe 10715 Quito St. Circle Pines, Mn. 55014 Toni Marie Mooney 1840 Lexington Roseville, Mn. 55113 Entertainment House of Lords 8298 University Ave. N.E. Fridley, Mn. 55432 Food Establishment House of Lords 8298 University Ave. N.E. Fridley, Mn. 55432 Li uor House of Lords 8298 University Ave. N.E. Fridley, Mn. 55432 Off Sale Beer Champlin Service Station 7298 Highway #65 N.E. Fridley, Mn. 55432 Refuse Hauler Larry's Quality Sanitation 17210 Driscoll St. Anoka, Mn. 55303 Tree Removal & Treatment i :D BY THE CITY �� Ground Round Ground Round John G. Purmort John G. Purmort John G. Purmort W. D. Bowles Lawrence R. Saba AT THEIR REG! Approved By: 13 ON SEPITzb, Iyll. Fee� James P. Hill Public Safety Director James P. Hill Public Safety Directar James P. Hill Public Safety Director Steve Olson Health Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director Steve Olson Health Inspector $5.00 $5.00 $60.00 $16.64 $3,000.00 $35.00 $30.00 Northern States Tree Service, Inc. Charles A. Boudreau $25.00 7460 Oxford Street Clinton P. Ness Parks Director St. Louis Park, Mn. 55426 Stipulation will be typed on license to read: Herbicide chemical treatment for rights of way only. Sunday Liquor House of Lords John G. Purmort James P. Hill $200.00 8298 University Ave. N.E. Public Safety Director Fridley, Mn. 55432 Page 1 ST OF LICENSES TO BE APPROVED BY TliE mplin Service Station 3 Highway �65 PJ.E. dley, Mn. 55432 �� 41. D. Bowles CIL AT THEIR REGULAR MEETING ON SEPT. [ Approved 6,�: Robert Aldrich Fire Inspector Darrel Clark Building Inspectar 13 A 6, 19 Fee: $60.00 Licenses for the.House of Lard will be held until the certificate of occupancy is completed. 13 il TIPLE DWELLING LICENSES TO BE APPROYED: Period September 1, 1977 to September 1, 1978 ER ADDRESS UNITS FEE APPROVED B nis Magers & Glenn Meyers re Lake Apts. 1 E. River Rd. dley, MN 55432 e owner as above 5701 Central Ave. NE 995 Lynde Dr. NE 32 $4�.00 32 40.00 R. �. Aldrich, Fire Prev. R. D. Aldrich, Fire Prev. LICENSES TO BE APPROVED BY TH� CITY COUNCZL AT THEIR REGULAR MEETING ON 13 C SEPTEMBER 26, 1977 GAS SERVICES Advanced Engineering & Mfg. Co. 10600 Raddison Blaine, Mn. 55434 By: Jerry Schineder Northern Propane Gas Co. 11300 Central Avenue N.E. Minneapolis, Mn. 55434 GENERAL CONTRACTOR G & B Contractors 3888 White Bear Avenue White Bear Lake, Mn. 55110 King's Brian Construction 5516 Regis Drive Fridley, Mn. 55432 Northern Propane Gas Co. 11300 Central Avenue N.E. Minneapolis, Mn. 55434 HEATING By: Duane Oberg By: Gary Golden APPROVED BY 47illiam Sandin Plbg. & Htg. Insp. William Sandin Plbg. & Htg. Insp. Darrel Clark Community Dev. Adm. Darrel Clark By: Edward W. Fuerstenberg Community Dev. Adm. By: Duane Oberg Advanced Engineering & Mfg. Co. 10600 Raddison Road N.E. Blaine, Mn. 55434 Hp: Gerald Schineder MASONRY Ron Et�enson �nstruction 517 - 127th Avenue N.W. Anoka, Mn. 55303 Fireplace Construction Co. 7301 Izaak Walton Road West Minneapolis, Mn. 55438 SIGN ERECTORS Macey Signs Inc. 451 Wilson Street N.E. Minneapolis, Mn. 55413 By: Ronald Evenson By: Lee Diusman By: Macey Ruvelson Darrel Clark Community Dev. Adm. William Sandin Plbg. & Htg. Insp. Darrel Clark Community Dev. Adm. Darrel Clark Community Dev. Adm. Darrel Clark Community Dev. Adm. ESTIMATES fOR CITY COUNCIL CONSIDERATION - SEPTEMBER 26, 1977 Kenko Inc. 8275 Central Avenue N.E. Minneapolis, Minn. 55432 FINAL Estimate #2, Sewer and Water Improvement Project #121 E. A. Nickok and Associates, Inc. 545 Indian Mound Wayzata, Minn. 55391 PARTIAL Estimate #4, Moore Lake Evaluation and Restoration Project Anoka Department of Highways Anoka County Court House Anoka, Minn. 55303 FINAL Payment of Fridley Share of Costs Incurred Under Street Improvement Project ST. 1975-3 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minn. 55402 For Legal Services Rendered as Prosecutor for August, 1977 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Legal Services Rendered as City Attorney for August, 1977 $ 3,497.45 $ 612.72 $75,736.52 $ 1,840.00 $ 2,063.75 14 CITY OF FRIDLEY Engineering Department 6431 University Avenue Fridley, Minnesota 55432 Date 0: Honorable Mayor and City Council RE: Est. Lto. z (Final) City of Fridley Per. Ending 9��/�� 6431 University Avenue N.E. For Sanitary; l�ater, and Storm Minneapolis, Minnesota 55432 Sewer Project SS $ SW #121 KENKO, INCORPORATED 8275 Central Avenue NE _. _ STATEMENT OF SvGRK Contract Ztem � �„n V.C. 0-10' dee 600 L. V C. 10-12' dee 115 L. I•P• AO L.F ard Tlanhole 0-10 3 Each b7 V.C. Service Line 390 L. lar Pi e Beddin P-faterial 20 Cu. .r_P_ n_R r7�« rrr an . r S DesiQn n 0-8 Des �-7 F� 712 s 801,810 �t Restoration 375 S.Y, . � � � '�� 74 2.00 0 S. °ROGRESS antity p� Date To � � � �� , � 87 —� 1,J3 14 A 0 - 4 $ 335. z g Zso. o - + 37SY 650. S S.Y. $ 750. � m � m SU^��RY: Original Contract A:nount Contract Additions - Change Order P7os. Contract D=_ductions - Change Order Pios. Revised Contract Ac�ount Valuz Comoleted To Date SUB TOTAL � Aaount tZFtained (l0i) Less Anount Paid Previously A.*10i1h'T DUE TtIIS ESSIifATE CERTIrIC�.TE 0� T:iE CONTPqCTOB ljk � g 27,570.08 $ _ S - S 28,224.39 $ 28,224.39 S ' $ 24,726.94 _ $ 3,497.45 I hereby certify that tue work perforr_ed and the r�aterials supplied to date under tenas of the contract for reference project, and a11 author.ized changes thereto, have an 'aetual value under the co*�tract o: the a�,ounts sho:an on this estioate (and the final quantities oi the fir.al estinate are correct), and that this esti.zeate is just a'correct and no part of the "A.^�ount Due This Esti�ate" ha been received. � `� � � 'i✓ � � Ci " gy, rrs:....P n °'�-i / , /��- Date � . . �ou ractor's �uthorized Rep4esantative (Title) T— .CEP,?IFICATG OF THE ENGIICEER Z hereSy certifp that I have prepare3 or examined this estinate, and that tne contractor is entitled to paynent of this estiruate un3e: the contract for reference proje�t. CiTY OF FtIDT�I`;�:'r:CTOP. S}•�—� ' = `�-i� 0 � Cit,c�_„�, u_ DataS�y"°� �'� ti�1� �:?,:n:cefull.: sc;br::_tte•I _ , s}T]' 0, i•^,T,!?LEYl�a��j -� _._ RTCi!:1I:U i;. SC;::I.ECiI� Y.[:. • i'u;�;:c I;o:I:s L';�.ec:tor 14 C September 7, 1977 T0: CITY ENGINEER CITY OF FRIDLEY REPORT ON FINAL INSPECTION FOR SANITARY, FJATER, AND STORh1 SCWER PROJECT #121 We, the undersigned, have inspected the above mentioned project and find that the work required by the Contract is sub- stantially complete in conformity with the Plans and Specifications of the project. All deficiencies have been corrected by the Contractor. Also, the work for which the City feels that the Contractor should receive a reduced price has been agreed upon by the Contractor. So, therefore, we recommend to you that the City approve the attached Final Estimate for the Contractor and the one year mainte- nance bond start from the day of the appro�al of this estimate by the City Council. Additional Remarks /� �.t' l��C//�" C STRUCTION-IN CHARGE - ASST. CITY ENG. �� i �, .-�4 " J- �' E 1 � LCONSTR CTION INSPGCTO �. � ��- i ,� y � ( :� .�a..• <•. n� q: � �'%c;�' , CO RACTO REPRESENTATIVE IAL ESTIMATE #4 September 15, 1977 Mr. Steven J, Olson Environmental Officer City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 STATEMENT 5451ndian Mound Wayzala, Minnesota 55391 (612)473-4224 Re: Moore Lake Evaluation and Restoration Project - Consulting Agreement by and between City of Fridley, Minnesota and Eugene A. Hickok and Associates dated March 14, 1977 Professional Services - July and August, 1977 TASK I. LAKE SAMPLES .5 Hrs. @ $16.00/hr. _ $ 8.00 16.5 Hrs, @ $14.00/hr. _ $147.00 3.0 Hrs. @ $10.�/hr. _ $ 30.00 TASK II. STORM SEWER SAMPLES 8.0 Hrs. @ $16.00/hr. _ $128.00 20.5 Hrs. @ $14.00/hr, _ $287.00 TASK III. WELL SAMPLES .5 Hrs. @ $14.00/hr. _ $185.00 $415.00 $ 7.00 TASK V. TEMPORARY INSTALLATION OF STAGE RECORDERS Materials $ 5.72 TOTAL --------------------------------- $612.72 I N V E S T I G A T I O N S • R E P 0 H T S • D E S I G N • R E S E A R C H �' � 14 D � ll! E MEMO T0: Nasim M. Qureshi, City M.anager MEMO FROM: Richard N. Sobiech, Public Works Director DATE: September 20, 1977 SUBJECT: City Share of Construction Costs on East River Road Improvement Project; St. 1975-3 Attached please find correspondence from Anoka County which indicates the City share of the costruction costs associated with the . referenced project. The project and costs have been reviewed and verified as the City of Fridley share for the improvement, as per executed agreement. It is requested that the City Council consider approval of payment of this bill at the regular Council meeting of September 26th. The construction has been inspected by the City and those areas that will be the responsibility of the City have been accepted. RNS/jm Attachment 1 .;-:� � �e��<rr�lr�c,�rr` af }{��TCr�r fs , , . ;,,;,.�, ,:.-, �.-'y Pau1 1{. Ruud, lfighw�y F,ngincrr 1(� F ' Anoha Counry Coii�( !lousc • AnoFa, Minncsow SSJ03 Ttkphone: G12-421•47G0 Au�ust 10, 1477 Mr. Richard Sobiech Fridle;� F'ublic ��or'r.s Director G431 Universit;/ Avenuc t7.E. Fridley, J.�innesota 55421 Re: S.A.P. 02-601-21 (Georgetovm Project) Dear ?/�r. Sobiech: per your request to revierr the bill sent to you by letter dated February 24, '7 for the above referenced project, please be advised. revier:ing both our files and those kept by B.R.6Y, personnel, tive iind no ng up on the side�::alk quantities. � addi.tional. concrete rralk ;ras �u+ in r.�ar t?:e �o::thbo,uid bus pad. Cn �he :rete cur� and gutter ite� addiiion�l curb and gutt.er c�as used (2C0 feet) �n :e of �larned biti:::�iaeus C1:D in ihe nox•th end taper a;�ea. 1t'e a2so had to nor;.�al CtiP� 3I'iQ jjlli.�vP adjacent ii3O the bus pads instead OI' integrant CUSO. .her area rrss tnz changing of curo alignr.ients in the parY.ing frontage road � of Dorrnir.g 5ox. bill, therefore, breaks dorm as follorrs: Roadtivay Construci;ion = $30, 3�6.00 S�orm Se•,�er S42,175 X 34� _ $14,340.52 Signal Systera $u2,C00 R 50� _ $31,000.00 Total: $75,73b.50=Z accordance �zth our cost sh�ri;� agreement dated July 7, 1975, «�ould you ase accent this as a pro�er billin� for S.A.P. 02-601-21 and remit the amount �75,736.50 as Fridley's total shsre of said project. 'r yrilY Y��% n � �..rC--- -�"'--'--�' K. Rnud, P,E.- y En�ineer :lnh • , . r- . �.,.,, �,._.. _ TIME RECORD FOR AUGUST, 1977 PROSECUTION WORK 1. Preparation, Travel and Time in Court for 21 Court trials, 5 Jury trials and 1 Rasmussen Hearing. 2. Investigation and Process of Comolaints including office conferences, phone con- ferences, correspondence and preoaration of 15 Formal Complaints including Caldwell investigation. 3. Court and Police Administration OATE � TOTAL � _. � C] 22 hours 21 hours 10 minutes -- minutes -- hours 15 minutes 43 hours 25 minutes • • BALANCE FORWAROED FROM LAST STATEMENT 9-12-77 For legal services rendered as Prosecutor for the City of Fridley during August, 1977. August, 1977 Retainer. $1,300.00 Time in excess of 30 hours (13 hours 25 minutes) 540.00 I declare under penalties oi taw. that this account, claim or demand is just a� rnr. . fect A thai.[� ,; rt of it has been p d V ture o C imant SMITH.JUSTER, FEIKEMA,CHANTEREO •TTp1�MEY'J /�T LAW -�a wi w $1,300.00 $1,840.00 14 G CHARLE9 R.�WEAVEii HERMI.N L.TAILE VIRpIL G HERFICM R06ERT MUNNS .WILLI�M tt.6000RICH DOIlOLA9 E. KUNT VCA August Retainer LAW OFfICES WEAVER, TALLE & HERRICK September 22, 1977 Council Meetings Staff Meetings Conferences with Staff Bingo Forms and Ordinances Police Civil Service Hiring Regulations Ethics Ordinances and Forms Liquor License Fees Citizens Inquiries Memos, Ordinances, and Legal Research Police Civil Service Hiring FF3A Regulations re Sylvan Hills Variances re Dog Kennels Code of Ethics Attendance at Police Civil Service 9-1/4 hours 3 hours 11 hours 1-1/2 hours 13 hours Commission Meeting 2 hours 39-3/4 hours Hours in excess of 30 @$40.00 per hour 14 I' 316 EAST MAIN STREET ANOKA,MINNESOTA 55303 <21-5913 82�9lINIVER5ITY iVENUE N.f. FRIDLEY, MINNESOTA 55432 591-3850 IIiVOICE �12668 $1,300.00 340.00 District Court-Barker vs. Fridley and M S I, Preparation of Trial Memo; Review of Minutes 200.00 and Argument of case 150.00 EXPENSES ADVANCED: Clerk of Anoka District Court re Barker vs Fridley and M 5 I: 13.00 Clerk of Anoka District Court (Certified copy): 3.50 State of Minnesota: 2.60 31 xerox copies @.$15 per copy: 4.65 TOTAL ....:..............$2,063.75