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12/20/1982 - 5286OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING DECEMBER 20, 1982 FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER IN7ERESTED IN DATE: December 20, 1982 I NAME ADDRESS - ITEM NUMBER = �s h, �� __� ___, _____________^__-=���e� �- ��,��� - � ��a �.��-. � :�-�r-. � �.°_-___________ 1 J � , ) � , C�-�- , l Q ` %1 � ' ' ` " y ' I / ? i � � �". ' ��...1 + i �JII.� ��% Cr� �L � .5'o''IV ` � � �'�cti s'� �' 'c� . , . ., FRIDLEY CITY COUNCIL DECEMBER 20, 1982 — 7:30 P,M. ' a r, MEMO TO: DEPARTMENT HEADS . FOLLOWIN6 ARE THE "ACTIONS NEEDED". PLEASE HAVE YOUR ANSWERS BACK IN THE CITY MANAGER'S OFFICE BY THE �iEDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING. THANK YOU. (,(�c.� ,2�, i%��,�> CITY MANAGER CITY MANAGER APPROVAL OF �1INUTES: COUNCIL MEETING, DECEMBER 6, I9HZ Correct Page 6, Paragraph 5, line 2 to change "working" to "wording". WCTION NEEDED: Make correction in minutes ADOPT I OPd OF AGENDA : Added: Adoption of Resolution to Fourmies, France Human Resource Commission Request for apply for �1,000 Grant for IY OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - IS MINUTES) No Response John Flora, Public Works Director gave a report on FMC Property Hazardous Was1 OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A P�EW CHAPTER 3 ENTITLED ��PERSONNEL" AND REPEALING OLD CHAPTER 3 OF 7HE FRIDLEK CITY CODE I TS ENT I RETY � � � . � . . . � . • . . . . • • . � ORDINANCE N0. 766 Adopted ACTION NEEDED: Publish and recodify Chapter' IN ,,,, 1-1D u it PUBLIC WORKS 0 i PARK & REC CITY MANAGER Pa LD BUSINESS (CONTINUED) CONSIDERATION OF A SPECIAL USE PERMIT, SP #HZ-11, PARK CONSTRUCTION, BY CARL OLSON, TO ALLOW THE USE DF A CRUSHER TO RECLAIM CONCRETE, %9O� BEECH STREET (TABLED 1Z/6IHZ) . . . . . . . . . . . . . . . . . . . . . 2 - 2 C Planninq Commission Recort�nendation: Approval Council Action Needed: Consideration� of recortmendation Special use permit approved until February 28, 1984 for reevaluation if a crushing operation has been done, with stipulations on noise, dust, etc., and with the provision that the City can dump waste concrete material there. ACTION NEEDED: Make sure the run-off ineets Rice Creek Watershed standards and that stipulations are complied with. CONSIDERATION OF A RECOMMENDATION THAT �AY PARK BE ADDED TO APPROVED GENERAL SKATING AREAS FOR 1983-H4 IN RESPONSE TO PETITION 9-HZ iTABLED IZ/6/gZ)� ����� 3- 3 I Planning Commission Recommendation: Approval Council Action Needed: Consideration of recommendation pprove ACTION NEEDED: Add Jay Park to list of skating area and inform Commissions of Council action CONSIDERATION OF APPOINTMENT TO ENERGY COMMISSION �TABLED IZ/E/HZ) . . . . . � . . . . . � . . . � . � � . . 4 Tabled ACTION NEEDED: Bring back for action at future meet;ng a � PUBLIC WORKS � PUBLIC WORKS `PUBLIC WORKS r;��� ���si��Lss: RECEIVING PIANNING COMMSSION MINUTES OF DECEMBER 3, I�S2. � � . . . . � . • • • • • • • • • • • A. Lot Split Request, L.S. �82-07, by Dennis & Christine Morley, 1524 Osborne Road, to make a new building site at 7675 Brigadoon N.E ............. .......................... 5- 5A Planning Comm. Recommendation: �Approval 5D - 5F Council Action Needed: Consideration�of recommendation Approved with payment of �500 �.ark fee when lot is sold ACTION NEEDED: Inform applicant of Council action B. Appeals Commission Item, Meeting of November 16, 1982 Variance Request for a free standing sign to be increased from 144 sq. ft. to 216 sq. ft. so a new tenant can be added to sign� 755 53rd Avenue N.E., Target and Northwest Fabrics, by C. M. Lerberg, Nordquist Sign Co...... 56 Appeals Comm. Recommendation: Approval 5G - 5K Council Action Needed: Consideration of recommendation Sign approved ACTION NEEDED: Inform applicant of Council approval C. Appeals Commission Item, Meeting of November 30. 1982 Variance Request for a free standing sign to be increased from 159 sq. ft. to 191 sq. ft., Grady McCorkel, Arrow Sign Co. for Burger King, 6410 Univeristy Ave........ 5L - 5Q Appeals Comn. Recornnendation: Denial Planning Cortun: Concurred with denial Council Action Needed: Consideration of recommendation PAG 5-59 Request approved until September 1� 1983 to bring sign into compliance or they are to remove the reader board sign ACTION NEEDED: Inform applicant of Council action RECEIVING THE CATV COMMISSION MINUTES OF THE MEETING OF NOVEMBER 4, I9HZ . � . . • • • � • � � � � • • � • ' ' Minutes Received PUBLIC WORKS ACTION NEEDED: File minutes for future reference � COUNCIL MEETING, DECEMBER ZO, I9SZ W BUSINESS �CONTINUED) PA6E 4 RECEIVING THE CATV COMMISSION �INUTES OF THE MEETING OF iVOVEMBER 9, IgHZ. � . . . . .. . � . . . . . . . . . . . % — � F Minutes received ACTION NEEDED: File minutes for future reference 0 RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMM I SS I ON P�EET I NG OF I9H2 � . . � . � . � . � � � � � . � H — s D Minutes received POLICE DEPT. ACTION NEEDED: File minutes for future reference � CONSIDERATION OF SURETY �OND AMOUNTS FOR THE FIRE RELIEF ASSOCIATION SECRETARY AND TREASURER. �...... 9— 9 B Approved CENTRAL SERV. ACTION NEEDED: Proceed with execution of bonds as approved CONSIDERATION OF EXTENDING THE ANIMAL CONTROL CONTRACT WITH MAPSI � . . . . . . . . . � . . . . • . . . 1� — IO F Contract approved " �POLICE DEPT. ACTION NEEDED: Have contracts executed by appropriate persons and filed RECEIVING �IDS AND AWARDING PACKAGE PROPERTY AND � CASUALTY INSURANCE iBIDS OPENED IO A�M., IZ/H/HZ)� .. 1� — 11 B Bids received and awarded to Transcontinental Brokers CENTRAL SERV. ACTION NEEDED: Inform bidders of Council award .. �4 COUNCIL MEETING, DECEMBER ZO, 1 NE�J BUSINESS (CoNTiNUEn) RECEIVING BIDS FOR FRIDLEY COMMUNITY PARK SPORTS �IGHTING PROJECT iOPENED 11;30 A,M�, 12/14/82). .... 12 Bids were received by Councll PUBLIC WORKS ACTION NEEDEO: Review and analyse bids CONSIDERATION OF A RESOLUTION IN SUPPORT OF CHANGES IN STATE AID FORMULA AND CONSIDERATION oF $IOO DONATION, , , . . . . . �. . , . . . . . , , . , 13 - 13 C Resolution No. 104-1982 adopted and donation to Metropolitan Loser's Group authorized ACTION NEEDED: Forward certified copy of support resolution and donation to appropriate parties �LAIMS� . � � � � . � � � . � . . . � � . � � � Approved CffNTRAL SERV. ACTION NEEDED: Pay claims ,.,. 14 L I CENS ES . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 E Approved CENTRAL SERV. ACTION NEEDED: Issue licenses � ESTIMATES. . . . . . . . � . . . . . . . . . . . . . . . 15 - 16 A Approved CENTRAL SERY. ACTION NEEDED: Pay estimates CITY MANAGER PUBLIC WORKS RESOLUTION N0. 105-1982 OF CONGRATULATIONS TO MONSIEUR FERNAND PECHEUX ON HIS HIS RECEPTION OTO THE ORDER OF THE LEGION OF HONOR Resolution adopted � ACTION NEEDED: Forward copy of Resolution to Fourmies, France HUMAN RESOURCES COMMISSION REQUEST TO APPLY FOR GRANT APPROVAL OF �1,000 FOR IYD Request to apply for grant approved J�CTIOt��EDED: Proceed with aaplication for grant. ADJOURN: 10:40 P.M. / ►� FRIDLEY CITY COUNCIL nrrriu�cn �n lOQ7 _ 7•�n p.M. l % LLI.LfW1-�� �vJ �,""- IPLEDGE OF ALLEGIANCE: APPROVAL OF P1I NUTES : �OUNCIL MEETING, DECEMBER 6, 1982 ADOPTION OF AGENDA; OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 3 ENTITLED "PERSONNELCODEDIN REPEALING OLD CHAPTER 3 OF THE FRIDLEY CITY ITS ENT I RETY � � � � � � � � ' ' ' ' ' ' ' � � � � � , , , 1-1D LD BUSINESS iCONTINUED) ,,ONSIDERATION OF A SPECIAL USE PERMIT, SP #g2-11, �ARK CONSTRUCTION, BY CARL OLSON, TO ALLOW THE USE �F A CRUSHER TO RECLAIM CONCRETE, %9O� BEECH STREET �TABLED IZ/6IHZ) . . . . . . . . . . . . . . . . . . Planning Commission Recommendation: Approval Council Action Needed: Consideration� of reco�nendation 0 , . , 2 - 2 � CONSIDERATION OF A RECOMMENDATION THAT .�AY PARK BE4 ADDED TO APPROVED GENERAL SKATING AREAS FOR 1983 8 IN RESPONSE TO PETITION g-8Z �TABLED 12/6I82)� ��• Planning Commission Recommendation: Approval Council Action Needed: Cons�deration of recommendation „ 3-3I CONSIDERATION OF APPOINTMENT TO ENERGY COMMISSION 4 iTABLED 12/6/82) � . � � . � � � . � � � � � � . . • • � � �� � PAGE 3 NEW BUSINESS: RECEIVING PLANNING COMMSSION MINUTES OF DECEMBER H, IgHZ � � . � � .� . � � � . � . � . � � . . � . S — 5 Q A. Lot Split Request, L.S. #82-07, by Dennis & Christine Morley, 1524 Osborne Road, to make a new building site at 7625 Brigadoon N.E ....... ....... .... ................... 5- 5A Planning Comm. Recommendation: Approval � �5D - 5F Council Action Needed: Consideration�of recommendation B. Appeals Corrunission Item, Meeting of November 16, 1982 Variance Request for a free standing sign to be increased from 144 sq. ft. to 216 sq. ft. so a new tenant can be added to sign� 755 53rd Avenue N.E., Target and Northwest Fabrics, by C. M. Lerberg, Nordquist Sign Co...... 56 A�peals Comm. Recommendation: Approval 5G - 5K Council Action Needed: Consideration of recommendation C. Appeals Commission Item, Meeting of November 30, 1982 Variance Request for a free standing sign to be increased from 159 sq. ft. to 191 sq. ft., Grady McCorkel, Arrow Sign Co. for Burger King, 6410 Univeristy Ave........ 5L - 5Q — Appeals Comm, Recommendation: Denial Planning Comm: Concurred with denial Council Action Needed; Consideration of recommendation RECEIVING 7HE CATV COMMISSION MINUTES OF THE MEETING oF NOVEMBER 4, 1982 , �, , . . �, , , . . , . , , � � , � � 6 COUNCIL MEETING, DECEMBER ZO, 19�2 INEW BUSINESS (CoNTtNUEn) PAGE 4 RECEIVING THE CATV COMMISSION �INUTES OF THE MEETING oF iVOVEMBER 9, 1982 , , . . . , .. . �, , . . . . , . . , . . 7 - 7 F RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE �OMM I SS I ON ��EET I NG OF 1982 , , � � � � � � � � � . � � . . 8 ' $ E CONSIDERATION OF SURETY BOND AMOUNTS FOR THE FIRE RELIEF ASSOCIATION SECRETARY AND TREASURER� .������ 9- 9 B CONSIDERATION OF EXTENDING THE ANIMAL CONTROL CONTRACT WITH MAPSI � � � � � � • � . � � . � � � � � • � 1� - 10 F RECEIVING �IDS AND AWARDING PACKAGE PROPERTY AND • CASUALTY INSURANCE �BIDS OPENED IO A�M „�Z/H/gZ)� �. 11 -�1 B 0 THE MINUTES OF THE CITY COUNCIL MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 6, 1982 THE M_TMITES OF TFIE REGULAR I�ETING OF THE FRIDt-EY CITY COUNCIL OF DECEEIr1IDER 6� 1982 The Regular Meeting of the Fridley City Council xas oallsd to order at T:35 p. m. by !l�yor Nee. PLEDGE OF ALLBGIANCE: Mayor l�ee led the Council and audience in the Pledge of �llegianoe to the Flag. ROLL CALL: E4:l�IDERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Aamernik, Councilman Schneider and Couneilman Barnette I�I�ERS ABSENT: None APPROVAL OF I�INtJTES: �OUNGTL- I��TTNG OF NOVEIrIDER 22. 1082: MOTION by Councilman Sehneider to approve the minutes as presented. Seconded by Councilman Barnette. Qpon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION �F AGENDA: Mayor Nee requested the second reading of the ordinanees pertaining to the cable television franchise be added to the agenda. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye, l�layor Nee declared the motion earried unanimously. OPEN FORUti VISITORS: Senator pon Frank appeared before the Council regarding the 3tate�a ahortPall. Ae stated the bill in the Legislature i� eonsidered as a compromise betWeen the Governor and leaders oP the Legislature. Be atated this bill calls for 5.78 million dollar eut to all of the cities in the State and this amount vould be eliminated from the December 15 payment to eities Which should be #9.� million dollara. Senator Frank ezplained that the state sid ia figured by taking the 1982 levy limiLa and to that levy limit is added the total year�a loeal government sids a city had anticipated. He stated these figures are added � ( � rl � • 1 r�� i together and multiplied bp 7.15� and this figure is then subtracted from the city's December 15 payment and that is what they can expect to receive ia the month of December. Senator Frank �tated the House is eztremely reluctant to aupport the bill and in the Senate, based on the caucus today, he t+ould be aurprised it it got out of the Seaate. 3enator Franlc stated they have beea told they have very little alternative thea to vote for this bill. He stated one alternative is the Governor and the State Would have the total authority to unallot paqments to local gover�ents and counties� as Well as nursing hcmes, and any other payments the State is authorized to make. He felt this suthority Would completely devastate major programs and would approaah the destroping of the educational system. He stated he hoped they can go back and renegotiate. Senator Frank also spoke on the proposal pertaining to the pension program and Pelt the State would take =77,000,000 from public employees' pockets. He stated an additional 2-1/2'X would be taken out of the public em ploqee's salary per month and the City Will remit this to the State. He stated this amount �ould be deposited into the General Aceount for the State. Senator Frank stated the State has borrorred ;850, 000, 000 for a ahort term and shifted =700,000�000 from one biennium to aaother. He stated approximately =300�000,000 is needed in the General Fund just to pay every day bills. He atated there is a shortfall in the employee compensation fund and there is unfunded teacher retirement liability and the tigures he has beard go all the way up to =1, 000, 000, 000. Senator Frank stated the crisis didn't happen overnight and has been a long time in eom3ng and, he felt, the problem Would be Mith them for at least the next four yeara. PUBLIC HEARINGS: • � ��BLTG FiEARTI�G ON THE ISSUANCE OF AN �I�L SAt.F t.TQpOR L-IGENS� TO FRIDI.EY MR STEAK (TOMARR RESTAIIRANTS. IHC.): NOTION by Councilman Aamernik to rraive the reading oP the public hearing notiee and open the publie hearing. Seconded by Councilman Barnette. Upon a voice vote, a21 ♦oting aye, Mayor Nee deelaed the motion carried unanimouslq and the public hearing opened at 7:50 p. a. Nr. Inman, City Clerk, stated an application has been reGeived from Mr. Steak for an oa-sale liquor licenae at their establiahnent at 5895 IIniversity Avenue. Mr. I�an �tated it is tbe intent to include cocktails, beer, and wine, as part of their eurrent menu, but it ia not their iatention to add a Dar to their business. � ( � yl � � ' � � �r�: i Hr. Iaman stated both the Poliee Department and the Public Works Department have revieWed the request and recommend approval. Ae further atated there has been aome problems ia the transPer of a+nership, which resulted in taz eoasiderations with the 3tate and the State, therePore, bas asked for additional time to finalize their doeument xith Tomark, Inc. Councilman Hamernik questioaed the seating capacity at Mr. Steak and Mr. Potter atated it �ras 132. Councilman Schneider asked if there are any plans to add a bar area norr or in the future. Mr. Potter stated, aL the present time, they do not have any auch plans. Mr. Qureshi, City Nanager, atated his concera waa if there xould be aufPicient parking� iP there is an iacrease ia buaiaess with the iasuance of this lieease. t�lr. Potter stated they do have an agreement with the Holiday Station ahere their employees are permitted to park on that property. Mr. Qureshi felt they should be axare that if they don't have adequate parking, it might af Pect the renexal ot their lieenae. No other persons in the audience spoke regarding the iasuance of this on sale liquor license. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting sye, Mayor Nee declared the motion carried unanimouslq and the public bearing closed at 7:55 p. m. �'� PUBLIG HEARING ON YACATION REQDF�ST SAV �82-03, BY RICHARD CARLSON OF PARK �ONSTRUCTTON TO VACATE LONGFELLdW STREET AKD ALLEY EASF�MENT EAST OF THE At�RL•TNGTON N�RTHERN RAILROAD TRACRS: NOTION by Couneilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Secoaded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously and the public hearing opened at 7:5'r P• $• Mr. Flora, Public Works Director, atated Park Construction has requested a vaeation of the street and alley betxeen their propertq oa Beech Street and tY►e Burliagton Northern Railroad tracks. Mr. Flora atated the Planning Cammission has recommended approval ot the vaoatioa xith tvo stipulations; one ia tht the City retain an access easement to the back lots and the other ia that anq drainage eaaement be restricted to underground piping. � �.� � r� � � � 1 �I: � Mr. Flora atated the staff concern is the accessibility to those lots in Block 5 and 12, Spring Brook Park, aad the City's ability to divert a portion of the Stoneybrook draittage system to the Springbrook Aature Ceater Pond. He stated, Lherefore, the City vould like to maintain a 30 foot drainage/utility easement along the railroad track property. Couneilman HaIDernik questioned if there �►as an easement norLb o! the tracks and ihe possibility of continuiag this easement to the north. !!r. Flora atated the City is attemptiag to acquire the easement essentially from 78th all the Way north to the Spriagbrook Nature Ceater. Mr. Carlson, the applicant, questioned if it is a drainage ditch easement or property the City would be taking aWay from them. Mr. Flora stated the City is looking for 30 feet of land Wbere a drainage system couid be installed and it eould either De an open d3teh or a pipe. Mr. Carlson atated that Northern States PoWer nox has a high Wire line going aeross the property, but still makes tbe land useable. He further pointed out that Hinnegaseo and tbe Netropo2itan WasLe Control Commission have their piping belo� the existing grade. Mr. Carlson atated they have just purchased this piece of property for storage of their equipment and all they ask ia Lhat it be useable for their iatended purpose�. He stated if the easement the City ia requesting Would make that land unuseable to them, he felt the City should buy the property from them. iie stated iP the City wants an underground drainage system, they have ao objection; hrnrever, an open ditch would make the land unuseable to them. Mr. Carlson stated it didn't seem feasible to him to put an open drainage ditch over a sewer liae, When this line has to be accessible for repairs. Councilman Barnette atated if Lhere isn�t an easement going north, it makes the other parcels of land virtually unsaleable and felt aceess should be provided to those parcels. t�tr. F2ora stated one essement is to allo�► access and the other 30 toot easement ia for drainage purposes. He stated the request to vacate the street and alley covers about 12,000 square feet and the City is looking at seme future improvement along the tracks for treatment oP storm water before it enters the m3ssissippi river system. Mr. Qureshi, City Nanager, atated by providing a means of diverting the xater, it would loxer the burden on Stoneqbrook Creek and, hopefuilq, improve the nature area. Be stated in order to have a controlled area into Stoneybrook and minimize the damage on Springbrook creek, the drainage easement is needed to� basically, divert the �rater, and the cheapest method xould be an opea diteh. Mr. Carlson stated the City already has a drainage easement and felt this ahould be utilized instead of depriving them of useable property on the south end of this parcel. !!r. Qureshi stated the City does uae the � 1 � yl � � ' 1 �lyl: � . drainage easement to Which !!r. Carlson ia referring, however, additional drainage easements are needed to handle the water to the nortb. Nr. Carlson felt it would be advantageous for the City to coatact the Netropolitan Waste Control Cammis�ioa to see if they Would alow an open diteh over their line and to also eonsider if the loeatioa ot the gas liae vould prevent an open drainage dit�h. !!r. Qureshi atated he would agree a piped aystem would be a better arrangement, but the only problem ia the ooat. Nr. Qureshi felt there are a number of iasues the ataff would like to �heck into further and it might be best to continue the hearing until the aecond meeting in January. He stated he hoped theq ean come to aome agreement that meets both the staff�s and Mr. Carlsonfa requirements. MOTION by Councilman Hamernik to eontiaue thia publio hearing to the aecond meeting in Januarq. Seconded bq Councilman Fitzpatrick. Opon a voice vote� all voting aye� Mayor Nee declared the motion carried unanimously. DLD BUSINESS: �i� S : � �• . ; 1•' � � �, r; � M i � � � y �� �r�fel � �� i:� r :�� i � � � � r�� i '1 • � � 1 �1 � � i � : � � � i � � � i : � r � 1 i ; � � � � r � � � : + r �� � �i��i; �� �� � � �i i �rr � �� r � r y � i � � � i y r � � � � � � r � : � � . i : f � � i :.� t � f f r r� : � � � � i : � � : 1�� ' � � � � � � � i � � � r i : i � � � � � � : � i r � � � Yr i � ; �I� �i � f �_f �� . t f +, y i �• � 1 �rv� � � � i : ��� i, r:_l �i�� � i i � � r � i � � r � r l � � f i : f r � i � � : � Mr. Matz, Attorney for the Cable Television Commission, atated the Pranchising doc�ent before the Couneil has been slightly revised since the first reading of the ordinance. He atated it is necessary that the State Cable Board review all franchise ordiaancea, therePore, the approach in Fridley has been somexhat different in that they have botb an ordinance and a contract. Mr. l�atz stated the documents before the Council are final, With one small ezception, Which ia the addition of a aentence in Section 9.05 of the ordinance, as requested by Ns. Reichgott, the attorneq for 3torer. Mr. Matz atated he believed this request is in order and presert►ea both the intention and meaning oP that aection aad requested the Couneil consider this addition thia evening. � I � „1 � � � �y�• � �� Mr, trlatz stated there was a typographieal error in the subscriber coatract xhich has been corrected and this document in now in order. Nr. Iiatz stated there xas a memo prepared by Mr. Herbst of their office where suggestions were made regarding an acaeptable proaedure to treat doeument FCC Form 326• Councilman Schneider stated his concern that if f or soae reason the City doesn't follorr t.he requirements for keeping FCC Form 326 private and a copy ia made and distributed, if they are subJecting the tax payers and the City to a potential laWSUit by Storer because the Citq violated their privacy. He atated he personally feela he ia aot Willing to take on that burden. Mr. Matz stated he didn't believe copying tha form and distributing it would subject the City to any liability. He stated iP that document eame into the public domain and Storer Was damaged bq that act oP Lhe document being distributed, Storer xould have Lo prove some damage to their aompany. Councilman Schneider atated he hates to loek the City into a aituation of potential liability� and wondered if vorking could be added to the etfect the City would make every attempt to keep the doc�ent confidential, but to hold the City harmless in the event the document was inadvertently disclosed. Ns. Bremer� Director of Community Relations for Storer, stated she could understand the City's coneern and Would have no objection to going back to the original vording, and that was the City would maintain the confidentiality of the document. Ms. Barbara Hughes, a member ot the Cable Television Cem�ission, stated the Cammission looked at this question and Weighed the value of having that document on hand versus protecting the confidentiallty. Sbe felt, as long as theq can receive accurate information through the Finance Director, it vouldn't matter whether the doc�ent is on haad at the City Hall. Ms. Bremer stated the object of putting ia a confidentiality clause la to protect the compar�y► Prom the release of those documents. She stated, if the document Was released� the City vould be only aubject to liabilitq if the companq could prove damages. She atated their onlq eoncern about a hold harmles� clause is it makes the confidentiality of the flocument meaningless. She further atated she would have some concerA about a blanlcet hold harmless clause, but would be rrilling to work out something regarding the inadvertent release of the document. !layor Nee asked the attorney and the Storer attorney and representatives to seet and try to Work out xording regarding a hold bar�less clause, and the Council xould continue this itea until later in the meeting. � 1 � „I � � - / �I�C � pAGE 7 MOTION by Councilman Schneider to continue this item to later ia the meeting. Seconded by Councilman Barnette. Qpon a voice vote� all voting aye, Mayor Nee declared the motioa carried unanimously. • � • � � ' : ; : � � � I � ; � , ► , � i � r , � � _ � : � � i � 1 � � r � � i • � • : � , � 1 � � + i �l � . i � M�qor Hee atated this variance waa denied by the Council, hoWever, Mr. La�rrence didn't have the opportunity to appear to present his caae and requested reconsideration of the variance. Nr. Flora, Public ilorks Director, stated thia variance request was aubmitted by the Far liieti► Sign Company to place a billboard at 73rd and University. He stated a variaace was�requested f rom the 73rd and Oniversity Avenue intersection Pram the required 500 feet to 480 feet or a variance off the aervice drive right-of-Way fram the required 30 feet to 10 feet. He stated the Appeals Commission granted the variance from the required 30 feet to 10 feet ofP the service drive� hoWever, tihe Planning Commission recommended denial of the varianee. Nr. Laxrence stated the billboard meets all the Zoning Ordinancea, except for the setback off the service drive. Nr. Lawrence stated they t+ould like to have a billboard in Fridley representing Far View Signs and Signcrafters, as they have been in bu�ineas ia Fridley tor the past 15 years. Nr. LaWrence atated he felt their billboard is aomething nex and modern, back lighted With fluorescent lights xhich are concealed, and the material used for tbis Dillboard is similar to what was used for the top oP the Hetrodome. Mr. Lawrence stated he understands this property, vhere they wish to locate the billboard may be developed and, it this ia the case� they would remove the billboard. Councilman Schneider stated when he served on the Sign Committee� billboards Were one of the more controveraial items and the concern xas that billboards are an attraction and if they are put.in a heavy traffic area, it tends to distract motorists and maq ereate a haz ard. He stated the area they are considering for this billboard is rated as a"D" traffie eondition xhich means it is a very congested traffic area. Councilman Sehneider stated scme very atringent requirements xere put in tbe aign ordiaance tor billboards and he didn't feel the requirementa are met for this billboard� as there isn�t a hardship oa xhieh to base the variance. llr. Lawrenee stated that tigures ahov there are very fer+ accidenta ereated Dy billboards because oP t�he manner in �hich they are diaplayed Councilman Aamernik atated he ia not aeriously opposed to billboards� as he feels they serve a good purpose, but agrees they ahould have eoatrol oa the aumber and types in the City. � 1 � r� � � � �r�� �i •7 !�lOTION by Couacilman Schneider to concur with the recommendation ot the Planning Commiasion aad deny the variance request tor the billboard at 73rd and IIniversity Avenues. Seconded by Councilman Fitzpatrick. Opon a roll eall vote, Councilman Sehneider and Couneilman Fitzpatriak voted in favor of the motioa. Nayor Nee abstained fram voting. Councilmaa He,mernik aad Councilman Barnette voted againat the motion. hayor Nee declared the aotion failed. MOTION by Couaeilman Hamernik to aupport the recommendation of the Appeals Commissioa and grant the varianae for the billboard at 73rd end Univer�ity Avenues. Seconded bq Councilman Barnette. Qpoa a roll aall vote, Councilman Hamernik and Councilman Barnette voted in fav or of the motioa. l�layor Nee abstained from voting. Councilman Schneider and Councilman Fitzpatrick voted against the motion. Nayor Nee declared the motion !'ailed. �� �1 : �� � � y)_ •, � �i� �:� �� .' ;1�• � � r: i '� � 1 �r�rl � � � i : � r � ��� � i � � : � � � . e � r , i �• � �11 �v�yl � � � i : : f�� i � � : � i � �� i The question regarding the cable television franchise ordinance xas then brought baek for the Council'a consideration. Mr. Matz, attorney for the Cable Cemmunication�� atated an agreement has been reached to add a aentenee under Seetion 7, Operation and Maintenanee, aub-section 7.02, Annual Reporta, to add the fo21 aring sentence under iLem A-1, "Storer shall hold the City harmles� for any damages resulting from the inadvertent disclosure of FCC Form 326". Mr. Matz suggested, therefore, the ordinance could be given second reading with the added sentence uader Seetion 9.05 and this addition under Section 7.02 of the agreement. NOTION by Councilman Aamernik to xaive the aecond reading of Ordinanee No. 764 adopting a Ne�r Chapter b05 Entitled Cable Communication P'ranchise and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatarick. HOTION by Councilman Schneider to amend Section 7.02, item A-1 oP the agreement by adding the follaWing �entenee to read aa folloWS: "Storer ahall hold the City harm2ess for any damages resulting fram the inadvertent disclosure of FCC Form 3� "• Seeonded by Councilman Barnette. Upon a voice vote, all voting aye, !layor Nee declared the motion carried unanimously. !lOTION by Couttcilman Schneider to s�end Section 9.05 oP the ordinanee by adding an additional sentenee at the end of this sectioa to read aa follo�s: "For purposes of this seciton, *Serwi�e" shall mean the � 1 � *1 � � ' 1 71yC � aggregate oable communicatioas aystem". Seconded by Councilman Aamernik. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. !4. Qureshi, City Manager, atated !!r. Herbst's memo of Novesber 29, 1982 liats a number of amendmenta to comply with the requirementa o! the Minaesota Cable Board. !lOTION by Councilman Fitzpatrick to adopt the amendments iadicated in the aecond draft of the doc�ents. Seconded by Councilman Barnette. IIpon a voice vote, all voting aye� Maqor Nee declared the motion aarried unanimously. ' Councilman Schneider stated one of the items discussed in a recent meeting concerning cable franchising was to guarantee the system would be available in a non-discriminatory manner. He atated it was pointed out that in the future eable television perhaps will be used for a lot of things other than television and� for example, questioned xhat would happen if MCI were to make a master a�eement With Storer to uae all their system and anotber competitor wanted to uae their aqatem. He asked if the other company eould� in turn� sue Lhe City. Mr. Matz stated those concerns are rePlected in the agreement to provide a lease aeeess channel to be firat-come� firat-served on a non- discriminatory basis. He stated if one entity eomes in and ties up one channel, the company would be under an obligation to provide another channel. Ms. Bremer stated she would concur With thia understanding that it la reflected in the agreement. OPON A R�.L CALL VOTE TAKEN ON TFIE ORIGINAL MOTION FOR ADOPTION OF THE ORDINANCE� Mayor Nee, Couacilman Hamernik, Councilman Fitzpatriek, Councilman Schneider and Councilman Barnette voted in favor of the motion, and M�yor Hee declared the motion carried unanimously. HOTION by Councilman Barnette to authorize a meetiag t+ith staff and the State Cable Board for submission of the necessary documents for their approval. Seconded by Councilman Hamernik. IIpon a voice vote, all voting aqe� H�yor Nee declared the motion earried unanimously. MOTION by Counclman Schneider to xaive the aecond reading of Ordinanee No. 765 Establishing Chapter 405 Entitled Cable Communi eation Rates and Rate Change Procedure and adopt it oa the aecoad reading and order publieation. Seconded by Couneilman Hamernik. IIpon a voice vote, all voting aye, May or Nee declared the motioa carried unanimoualy. ����ONS�ERATTON OF APPOTNTMENT TO ENERGY COMMISSION (T!►AL-ED 11/22/82); NOTION by Councilman Schneider to table thia appointment to the Energq Commission. Seconded bq Councilman Hamernik. Opon a♦oiee vote� all voting aye, Hayor Nee declared the motion earried unanimoualy. � 1 � „1 � � ' 1 �1�1: � . NL�1i BIISZNESS• �7,«T] � � . � i � � � � i i : � � � � : � � f � � : � , r � � � � � � ; i � �� � It wa� agreed by the Council to consider this ite� later in the seeting. E,1 �ONSZDERATTON OF FTRST RE TNG OF AN ORDINANCE ON A NEk CHAPTER � ENTITLED •PEASOIr'hEL" AND REPEALING OLD CHAPTER � OF THE FRIDLEY CODE IN ITS ENTIRE7'Y • It vas agreed by the Council to aonsider this item later in the meeting. •� 1;; 1� � r�; �;?�I 1 1, � i r ' �l Nr. Flora, Public Works Director, stated statf received a aign plan Por the businesses at 7920 IIaiversity Avenue. He stated staff has no problem With the sign plan, ss currently aubmitted, and rrould recommend approval. Nr. Laxrenee, representing the applicant, stated they felt a change was nece�sary in the tenant agreemeat to the height which should De changed fram 36 inches to 42 inches and another change would be that the talleat letter not exceed 36 inches, rather than 32 inches. Nr. Lar+rence stated several of the national companies coming into these ahops requested they Wanted lettera 36 inches high. Nr. Flora stated staff would have no problem With these two requested ebanges. MOTION by Couneilman Barnette to approve the sign plan for 7920 Oniversity Avenue xith the tWO ehanges, one being the height to be increaaed f rom 36 inches to 42 inches and the other tp �hange the height for the tallest letter from 32 inches to 36 inches. Seconded by Councilman Schneider. IIpon a voice vote, all voting ays, !layor Kee declared the motion carried unanimously. (� GONSTDERATION OF A GOMPREHENSNE STGN PL-AN FOR B000 ONNERSITY AVEN[JE N.E., SIGNCRAFTERS: Nr. Flora, Public Works Director, stated a comprehensive sign plan has been received Por the development at 8000 Qniversity Avenue. He stated sLaff has no problems t+ith this plan and xould recommend approval. MOTION bq Councilman Aamernik to approve the sign plan� as presented� Por 8000 IIaiversity Avenue N. 8. Seconded by Councilman Fitzpatrick. Opon a voice vote, all voting aye, Maqor l�ee declared the aotion �arried unaaimously. � gFrFrvIhG PLAt�n'ThG C01�lISSION M?NUTES OF N411El�IDER 17. _ 1982: � A �EGTAL IISE PERMIT, SP #82-10 VIRING CHEVROLET. TO ALLOW STORAGE OF NEH YEHICLES ON STRITE-ANDERSON PROPERTY; Mr. Flora, Public Morks Directar, stated Viking Chevrolet has requested a � 1 � „I , I 1 �i„I: ; apecial use permit to alla� parking ot neti► vehicles on Strite-Anderson�a adjoining property. He atated the Planning Commisslon has recommended approval with the stipulation that the special use permit Would expire wbea the lease between Qiking Chevrolet aad Strite-Mderson ia terainated. Nr. Flora stated� in the ataff revieW of this parteular requeat, there have been some restrictions placed on both Yiking Chevrolet and Strite- Anderson regarding landscaping and screening of the refuse containera, xhieh have not been complied with. He atated the property oWners have also been notified there is a tea foot xide pieee of property betWeen the tvo businesses that has gone tax forfeit and this piece should be obtained by either or both of the businesses Decause� currently, there ia trespass ot property. _ Mr. Dooley, representing Viking Chevrolet, atated there was no agreement on the landscaping as far as Viking Chevrolet was c:oncerned. Nr. Flora stated this requirement xas ia regard to the apecial use permit issued by the Couacil on !!ay 17, 1982 far a mobile hame trailer licenae. Ilr. Dooley stated they are really not sure What the City xaats them to do regarding the landscaping. Mr. Flora atated they have been contacted, aa Well as Strite-Anderson, to improve the landscaping and a recommended landscaping plan xill be presented tor implementation this next a�mer. l�Ir. Qureshi, City Hanager, auggested the apecial use permit be for a one year period in order to work out some of the staff�a coacerns regarding the landscaping and upgrading oP the property. NOTION by Councilman Schneider to concur xith the recommendation ot the Planning Commission and grant apecial use permit, SP �82-10 for one year to Strite-Anderson for use of leasing this property to Viking Chevrolet. Seconded by Councilman Barnette. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �, �► SPEC AL DSE PERMIT, SP #82 ] 1� GENTRAL AIITO PILRTS� .�nNN gL1� TA. 11 �6 � i' Z?-1l2 AVENUE N. E.: Mr. Flora, Pablic Works Director, atated Central Auto Parta is req uesting an expansion into a portion ot property on Lots 6, 7, and S, Block 2, Central Vietir Manor, to atbre their over-the-road vehiclea. Ee atated the Planning Commiasion has recommended approval Witb the atipulation that all the ouside improvements be part of the special u�e permit and that the oxner of the property be aotified what those improvementa must be. ��1 � �I � • 1 ` � yl: � 1�lr. Flora stated staff inet with the applieant for the speeial use permit and identified seven recommendations tor this property regarding the improv�ents. He revies+ed them as follara: (1) No driveways or aceesa be suthorized oato 73rd Avenue; (2) Solid acreen fencing be placed completely around the property; (3) Additional vines and landscaping be plaeed along the screening fenee on 73rd and 73 1/2 Avenues; (4) IInderground aprinkling of the boulevards and landscape areas; (5) Concrete drivew ay s estending a einimum of 10 feet beyond the screening fence onto Lhe property from the atreet; (6) A surPaee Water drainage plan be develaped to insure protection of Norton Creek Prom pollution and eontaminatioa; and (7) Building eonstruction, driveWays, and parking cemply with the City's Zoning Code. Mr. Buzik stated the main reason they are purchasing this property ia for loading and unloading their trucks. He stated they xouldn�L be able to pull in and turn around if they didn't have a drivexay on to 73rd Avenue. He stated Lhey plan to use crushed rock in the Doulevard area so they wouldn't need a sprin3cling system. Mr. Qureshi, City Manager, atated Central Auto Parts has been one of the better auto recycling businesses ia the area. He felt, if the special u�e permit is granted, restrictions should be imposed that Would guarante the property Would be maintained with landscaping, acreening, etc. and the permit should be for a limited period of time and reviewed. Nr. Herrick, City Attorney, stated if the special use permit xould be i�sued it should be determined on the conditions outlined by staff. He atated another consideration is that the applicant is notir proposing to buy this property, subject to obtaining the special use permit. He felt the Council, if they approved the apecial use permit, it xould be issued at the time the applicant shows valid proof of ovnership of the property or contract Por purchase. Nr. Buzik felt they woulda't rrant to have the costa at this time to bring in the rrater because, as it is aar, this Would be a temporary faeility Por them. Councilman Schneider asked Mr. Buzik iP he Would be Willing to consider a sprinkling system at the time they construeted a building or at the end ot the reneval period. Mr. Buzik atated about the only aite theq eould build on �►ould be Lot 6 and didn't Want to pramise at the end oP the reaexal period they would put in a sprinkling system. Ae stated the costs noir Would be about �20,000 for the tencing, driveways, and landscaping plus the cost to purchase the property. lSr. Buzik stated they are tryiag to �ork With Beat Hill on what to put in for landseaping and felt, at this time, if just the landscaping could be trorked out, arid noi the requirement for undergroud sprinkling, this would be aatisfaetory to them. • I � yI � � I ;�IyI: � NOTIOK by Councilman 3cneider to ooneur With the recommendation of the Planaing Commission and grant apecial use permit� SP #82-11 to Central Auto Parts on the condition they soquire the property from ita present owner� and witb the folla+ing atipulations: (1) Limited driveway aacess only be authorized onto ?3rd Avenue; (2) Solid screeniag Pence be placed eompletely around the property; (3) Additional landscaping, as xorked out with atafP, be placed along the screeaing fence on 73rd and 73 1/ 2♦venues; (4) Conerete driveways eztending a minimum of 10 feet beyond the acreening tence Snto the property fram the street; (5) A aurPace xater drainage plan be developed to insure protection of Norton Creek trom pollution and eontamination; (6) Building eonstruction, drivevaps, and parking comply with the City's Zoning Code and, in a�r event� when a atructure is built on the proeprty, an underground landscaping aprinkling system would be construeted at that time. Further, this special use permit is granted for a three qear period and is to be reviexed at the end of this time. Seconded by Councilman Hamernik. IIpoa a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �' � SPECIAL- USE PERMTT� SP #82-12, PARK COHSTRUCTION BY CARL OLSON. TO c AI.I�OW THE USE OF A CRUSHER TO RECLAIM �NCREATE. 7900 BEECH STREET �faa.� l�Ic�. Flora, Public Works Director, atated thia ia a request !or a apecial use permit to allow tbe operation of a rock crushing machine to redeem coacrete on Park Construetion's property at 81st sad Beech Street. He atated the Planning Commission has heard this request and recommends approval. Councilman Fitzpatrick aaked if there xa� any additional information available on the dust and noiae. I�lr. Carlson stated 25,000 tons of conerete wa� crushed in downtox n Ninneapolis and there xasn�t eaough dust to cause any concera. He stated When they �rere betore the Planning Commision, he agreed they xould abide bq all ordinances, both noise and duat, With this operation. Mr. Carlson stated� if noise Was a aerious eoncern, he Would put up a noise xall in order to make thia a respectable business. Mr. Herrick� City Attoney� asked about the possi bility of aereeni ng the material from the adjacent properties. I+lr. Carlson atated it xould depend oa the amount of material theq have to crush at any one time, but they would trq to keep the height of the material within reason. Mayor Nee stated trom the noise aspect� it �ouldn't be anq louder than the trains, but didn't laia► about the dust tactor. l+lr. Flora stated measures caa be ta3cen to control seme ot tbe duat by means of a sprinkling ayatem. MOTION by Councilman Barnette to grant special use permit, 8P#82-12 to Park Construction for a one year period to be reviexed and re-eval uated at the end of thia time and, turther, that the City be allared to dump waate 1 1 � ,I' � � ' 1 ' � Y1: � . concrete ■aterial at Park Coastruction•s storage aite. Seconded by Councilman Hamernik. The Council asked Mr. Carlsoa if he kneW the loeation of one of these crushers so that they may have an opportunity to observe ita operation. ilr. Carlson stated he believed one ia located at the International Airport on the West side back o�' the neW NTC bus garage, and atated he Kould check into this further and get baek to ataff if the Council was interested in revieWing this operation. !l�TION by Councilman Barnette to table thia item to the December 20, 1982 meetiag. Seconded bq Councilman Hamernik. IIpon a voice vote, all voting aye� Mayor Nee deelared the motion carried unanimously. ��� Ha�yor Nee called recess at 10:50 p. a. RECONYENED• Nayor Hee reconvened the meeting at 11:02 p. m. All Council members xehe present. r i � r : i � i i � � r� � � ' � • : i • : � � r�r �I� e i� 11 1• � 'i�j 1 � i � � i I� •: : �,' � � •�� • 1� . Councilman Fitzpatrick stated there Was a petition initiated for a ge neral skating area at J�y Park and the recommendation of the Parks and Recreation Commission and the Plannic�g Commission was for the Couacil to approve this additioa. Mr. Qureshi� City Nanager� atated recognizing the budget situation and the cuts, this Would be an added area of aervtce and it vas felt the Couneil should be aWare of this request. He felt ataff eould obtain further information on the impact of providing this rink, as it relates to other budget requests. MOTION by Councilman Fitzpatrick to taDle thia item to the December 20, 1982 meeting. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye� Mayor Nee declared the motion earried unanimously. MOTION by Couneilman Sehneider to receive the minutes oP the Planning Commission Meeting oP Nov�ber 17, 19�• Seconded by Couneilman Barnette. IIpon a voice vote, all voting aye, Hayor Nee declared the motion carried unanimously. 1 O �PPRO�'AL OF THE AMENDMENTS TO CITY CHARTER FROM THE SHARTEI�COhBrIISSION: Nr. C1iPPord Ilsh, Chairman of the Charter Cammission, appeared before the �� � �� � � ' 1 �IM1: � Council regarding propo�ed amendmenta to the City Cbarter, aa recommended Dy the Charter Commission. I�lr. Asb atated it ia auggested a requirement be added under Sectioa 2.03 tihat tbe population of ar�q Ward shall not deviate by more than one percent (1x ) from the average of the three wards. He stated i t vaa al ao f el t the redetermination of the xard boundaries ahould be accomplished no lesa than one Aundred days pa�ior to the legally determined date ot the aunicipal primary of the year ending in the digit tro. Idr. Aah atated under 3ection 2.05, it is suggestad changea be made in order to give a litle more authority to the Council on What actioa can De takan regarding vacancies on the Council. Mr. Ash stated Section 6.01 provides for aome chaages regarding removal of the City Manager and that he map be removed at a regularly scheduled meeting provided that at lea�t tour membera of the Council vote for the removal. He stated under Section 6.02 theq have recommended an extenaion of the powers aad duties of the City Manager regarding appointment, suspension and removal. Mr. Aah stated Section 6.04 deals with aubordinate otf icera and outline a these officers xho are appointed by the City Haaager, xith approv al of the Council. Nr. Ash alao stated under Sections 8.04 and 8.05, it i� recommended that the four-fiftbs vote of the members of the Council De ohanged to an affirmative vote of at least four membera oP the Council. Nr. Ash stated� if the Council has any problema With the proposed amendments, he would like these made kna+n so he could bring this back to the Cbarter CootmissioA. Mr. Herrick, City Attorney, atated an ordinance Would have to be prepared to cover these changes and to research the suggested changes to make sure there are not in aqy cont'lict r►ith the State statute. He felt� after these changes are put into ordinanee form, the Charter Cammis�ion rrould waat to review it. MOTION bq Councilman Fitzpatrick to receive the proposed amendments lrom Lhe Charter Commisaion. Seconded by Councilman Schneider. Opon a voiee vote, all voting aqe, Hayor Nee declared the motion carried unanimously. !lOTION by Councilman Fitzpatrick to have the proposed amendments auggested by the Charter Commission resubmitted in proper Porm for the second meeting in January. Seconded by Councilman Barnette. IIpon a voiee vote, all voting aye, 1layor Bee declared the motion carried unaaimousl�. � � , .i , � - � ��i: ; pAGE 16 � f . � i : � � � i i : 1 � • ` , � � i � � : � : r) f�l � � : i � � � � r . i � � f ' : . � � - � • � - 1 1 ' i ' Mr. Qureshi, City Nanager, atated this ordinance would amend the Zoning Code by changing aome of the language and adding aolar and energy eonsiderations. He stated some of the major changes are aa tollor►s: (t) Certificate of Compliance Requirement for all legal noa-conformiag and conforming uses; (2) Limits accessory buildings in R zonea to 1�400 aquare feet; (3) Single atory dWellings in aa R-1 zone shall have a Daaement; (4) Lots of 9,000 square feet or larger require a tWO car garage and lota betxeen 8� 999 and 7, 500 square feet, ahall have a one car garage in an R-1 zon�e; (5) No parking in the required front yard--this will have an aPfect on recreation type vehicles; (6) Performance standards which apply to all zoning districts and require compliance regardless of use atatus; (7) Consolidation of C1 and C1S into oae zone aection C1; (8) Redesignation ot C2S to C3; (9) Expansion of the junk yard special use permit criteria in an M-1 zone; (10) Provisions for officea la the industrial zones; and (11) Exclusion of hazardous xaste processing facilities in the industrial zones. It was noted that currentlq there ia onlq one area zoned CR2, therefore, it would appear appropriate to eliminate CR2 in the redraf t and rez one these properties to C2 and N1 respeetively. Some ot the questions or concerns the Council raised regarding these changes were: (1) the helicopter,pads in an R district; (2) the no parking of recreational vehicles in the required front yard; (3) the plantings in the boulevards; (4) the requirement for tie-doKns in tailer parks; and (5) providing oP concrete pads in commercisl areas for motorcycle parking. Mr. Herrick� Citq Attorney, aaked if the question on shade trees interferring xith a aolar system xas addressed. Mr. Flora stated this is covered under the State Building Code. Councilman Fitzpatrick aaked if the matter of sodium vapor lights vas addressed. He stated he didn't think it was mueh oP a problem in the front oP d�rellings, but there was �ome concera xith these lights on the utility poles in the easement. Mr. Qureshi, City Mana6er, atated the ordinance does provide you cannot have any lighting beyond your property line more than three foot candles. In discussion regarding the parking ot recreational vehicles in the required front yard, it vas the general concensus these vehicles should be allared to park in the driver+aqs or on a alab adjacent to the driverray. Mr. Qureshi stated staPf Would take this matter, as well as the other aoncerns into consideration, and the Council could proceed with a Pirst reading and make amendments at the aecond reading or table it for further atudy. • 1 � r0 � � 1 ' Jlyl: � MOTION by Couneilman Barnette to waive Lhe reading of Lhe ordinance and approve it upon first reading. Seconded by Councilman Fitzpatrick. Qpon a voice vote, all voting aqe, Mayor Nee declared the motion aarried unaniaously. �.`'� � �ONSTDERATION OF FIR�T A�enrur OF N ORDTNeurF nu p p� Aep� � ENTITLED "PERSONNELM AND REPEet rK� OLD CHAPTEA � OF THE FRrni �r r_ n_ nr�� ITS EI�1TIRETY !!r. Qureshi, Citq Manager, atated the ma�or changes in this ordinance involve annual leave and ahort term disability benetita. Be stated he felt this neW plan gives the employee a lot of Plexibility in the aense tbey manage their oxn time. He atated tbis plan would apply for only new employees hired on or after January 1, 1g83, but current employees have the option to go xith this plan or remain on the ezisting plan. Mr. Qureshi then revie�red �hat the present ordinance provides and �hat the new ordinance aould provide. l�IOTION by Councilman Schneider to waive the reading of the ordinan�e aAd approve it upon first reading. Seconded bq Councilman Barnette. Dpon a voice vote, all voting aqe, yaqor Hee declared the motion carried unanimouslq. �� � ;; �, � „� ��•� . : � �, ; � � „�� �, � i � ; i r� � Nr. Flora, Public Works Director, atated this is the 1983 Joint Ose Agreement for maintaiaing the interceptor from Col�bia Heights on 44th and Main Street to the Minneapolis Interceptor on 37th and Marshall. He stated the agreement is similar to past years except the annual payment has inereased Prom =4,500 to =5�000. !lOTION by Councilman Schneider to approve the Intereeptor Maintenance Agreement and authorize the Mayor and City Manager to enter into the agreement. Seconded by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1� CONS?DERATTON OF AN AtrtFiunFn gg�nr nTrnu un y� � 982 � Mnnar t err� nv � er TT\ . Mr. Flora, Public Works Director, stated the State Attorney General�a OfPice has revie�red the City�a Reaolution No. 69-1982 and requires the term "Amendment to the Substate Agreement" be used instead ot the wording, "Federal Grant�. l�r. Flora atated the purpose of resubmittir�g this resolution ia to ehange the xordir�g to c�plq vith the requirements oP the State. � 1 � �1' � � ' / ' � �I: � !lOTION by Councilman Barnette to amend Resolution No. 69-1982 to change the rords "Federal Grant" to "Substate Agreement". Seconded by Couneilaan Schneider. IIpon a voice vote� all voting aye� Mayor �lee deelared the motion carried unanimously. M� I �� �• 1 •: �i� i � r �i�i �}rl � '��1 �' � � �I� �i � i � : � i �r� � �i 1 • y'�� � � NOTION by Councilman Hamernik to adopt Resolution No. 102-1982. 3econded by Couneilman Fitzpatrick. IIpon a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously. � � 1 � � � � 1 ' : � i � i � � r � i � J I M I � ' � � � : � ; � � � �i � i � :� i �r� � �i � � r���� � � MOTION by Councilman Fitzpatrick to adopt by Councilman Schneider. IIpon a voice declared the motion carried unaaimously. ' � � yr� � M �r ' • Resolution No. 103-1982. Seconded vote� all voting aye� Nayor Nee MOTION bq Councilman Barnette to eoncur With the folloWing appointment by the City Manager: NAI� Ronald F. Risehmiller 11535 S�oketree Drive Richmond, VA 23236 POSITION Police Officer Police Departmeat SALARY =1, 679 per aontb STARTIIdG DATE Dec. 20, 1982 REPLACES Joseph Gaylord Seeonded by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimoualy. 1 J s�= MOTION bq Councilman Schneider to authoriz e paqment of Claims No. 314E12 through 337N10. Seconded bq Councilman Barnette. IIpon a voice vote, all votiug aye, Mayor Nee declared the motion earried unanimously. 1 f � LICENSES; HOTION bq Councilman Hameraik to approve the licenses as submitted and as on file in the LScense Clerk's OfPice. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye, Mayor I�ee declared the motion carried unanimously. ��, .r , �- �- :��i: ; 1 �l ��r�: �7,T�C� NOTION by Counailman Fitzpatrick to approve the estimates aa aubmitted. Aerrick � pe�rman, P. A. 6279 Uaiveraity Avenue NE Fridley, !�1 55�32 For legal aervieea rendered sa City Attorney tor the montb of November� 1982 8alvoraon Construetioa Co. 4227 t65th avenue xE Myaming, l4�1 55092 FINAL ffiTIt+1AATE for 19a2 Niae. Concrete Curb � Gutter Projeot Park Construction Ccmpar�► 7900 Beech Street pE Fridley, l�T 55432 Partial Estimate #1 - Sewer � Water Pro�e�t �137 = 4�535.00 ; 373•00 :42,919•00 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Maqor Nee declared the motion earried unanimously. ADJOURNMENT: MOTION bq Councilman Barnette to adjoura the meeting. 3econded by Councilman Schneider. IIpon a voice vote� all voting aye, Hay or Kee declared the motion carried unanimously and the Regular Meeting oP the Fridley City Council of December 6, 1982 adjour ned at 12:30 a. m. Respectfully aubmitted, Carole Haddad Secretary to the City Council lpproved: Willaim J. Nee llayor a�nnv�rxE rA. ..�.�. AN OgtDIIJANCE ADOPTING A NIInI Q�1PTEtt 3 II�TlLm 'PIIi90[�Il�,' Ai�ID RF:PEALIl� OLD CHAPTER 3 OF THE FRIDLEY OODE IN ITS FNTTII2�.TY. R�e City Co�cil of the City of Fridley does ordain as follvws: 3.01 PtJRP�06E The purpose of thfs chapter is to establish standards, conditions and regulations of work and gay in City employment within the City of Fridley, to be applicable to all pern�anent norrunion enployees of the City except where the City shall othenaise hereafter pravide, or unless modified by a separate oontract or agreenent. Zt►e Council establishes the standards, oonditions and regulations oontained in the follawing sections. tRef. 182 and 636) 3.02 HOURS OF Wt'�iR Administrative and supervisory emplvyees sYiall not qualify for overtime pay, stanc�iy pay, or call-back pay. �e regular work week of each graded enplayee shall oon�nence on Monday of each week and terminate on Friday of each week and shall consist of forty (40) working hours each week, holidays excepted, unless the needs of any dep�rtment dictate otherwise, as determined by the City Manager. Overtime and overtime pay for any day shall voirunence after the expiration of the regular working day. Overtime and overtime pay for any week shall �n�rence after the expiration of the regular working week; provided, however, that no gradec7 e�layee shall be entitled to avertime pay for any day or for any week unless the actual hours of work during the week shall be additional hours or c3ays of work and are not perfornied on such day in lieu of other hours or c3ays of work regular to such e�loyee. Graded emplayees of the City may be desic��ated by the City Manager to serve in a standby status on behalf of the City on a Saturday or Sunday or other holiday of the City to perform work as may be necessary to the public interest on such day. The standby employee is entitled to and may receive as oompensation for such servioe as standby, two (2) hours of regular pay for each day served in such status. If on any such day the employee on standby shall actually perform work for the City, the employee shall be entitled to c�ai�ensation for each hour or portion thereof actually worked at one and one-half (1 L2) times the regular pay, which pay shall be in addition to the two (2) hours of standby pay. In the public inter�t a City after the regular receive pay computed a oa�uted at the rate of � not less in any event t provided, hawever, that graded employee may be called to perform work for the woxking day and in such event the employee shall � follows: For such overtime work performed, gay �ne and or�-half tl 1/2) times the regular gay, but iat an amount equal to two (2) hours regular payf �uch minimaa mnamt sha11 not apply in the case of an 1 1A e�layee who had not left the site of working period, and sudl anplayee is within ore tl) hour of the expiratio case the work performed is oonsidered actually worked. 3.03 HDLII�PiYS the work performed during the regular directed to perform work for the City n of the regular working daX, in which normal overtime for the period of time �e follawing days shall be holidays, and no employees, except in the case of neoessity to public safety, health and welfare, or unless the requirements of e�loyment so provide, shall be obliged to perform work on such dayf and when so perfotmed, oa�ensation for such work shall be paid as overtime work at the rate of one and one-half (1 L2) times tiie regular pay. The follawing days are "holidays": New Year's Day, January lf Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the f irst Monday in Septemberf CY�ristopher Col�nbus Day, the secor�d Monc3ay in October; Veterans Day, Navesnber 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; pravided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, Navenber llj or Christmas Day. Decenber 25; falls on Sunday, the following c7ay shall be a holiday and, provided when New Year's Day, January 1; or Inc]ependence Day, July 4; or Veterans Day, November 11 or thrist�nas Day, Deoenber 25; falls on Saturday, the preceding day shall be a holiday. (Ref. 509, 573) 3.04 VACATDONS Each enplayee of the City who has worked regularly for the City for a period of not less than six t6) sucoessive months is entitled to a vacation away fran emplayment with gay. Vacation pa� shall be computed at the regular rate of pay to which suc� enplayee is entitled. An employee who has worked a minimum of six (6) m�nths is entitled to one (1) workday of vacation for each month so worked. An employee who has worked eight-four (84) successive months is entitled to one and one-half (1 1/2) workdays of vacation for each month worked beginning with the eighty-fifth (85th) month of oonsecutive enplayment. An emplayee who has worked one hundred eighty t180) successive months is entitled to one and two-thirds (1 2/3) workdays of vacation for each month worked beginning with one h�c]red eighty-first (181st) month of consecutive enplc�yment. 3.05 SICR LEAVE Each gnplayee of the City is entitlecl to sick leave away fran enployment with pay. Probationary emplayees are eligible for sick leave on the condition that should they terminate with the City prior to the completion of the probationary period, the sick leave taken will be deducted from their final paychecks. Sick leave pay shall be computed at the regular rate of pay to which suc� e�loyee is e�titled. An e�loyee who has worked a minimum of six t6) months is entitled to one (1) day of sick leave for each month worked, c�anulative to one hunc7red twenty (120) c]ays of sick leave. After one hundred twenty (120) earned and unused c3ays of sick leave have accwnulated, one (1) day additional vacation shall be granted to an employee for every three t3) sick leave days earned and unused. The employee may elect after niney (90) earned and unused days of sick leave have acc�awlated, to receive one tl) clay 1B additional vacation for every three (3) sick leave clays earned and unused. Sick leave days shall not acc�anulate beyond one hundrea twenty (120). Before ar�y sick leave oortq�ensation is paid, the City may request and is entitled to receive from any enplayee who has been absent more than three (3) days in sucoession, a certificate signed by a competent physician or other medical attendant certifying to the fact that the absence was in fact c�e to sickness and not otherwise. �e City also reserves the right to have an examination made at any time of any person claiming absence by reason of sicknessf such examination may be made when the City deens the same reasonably necessary to verify the sickness claimed and may be made on behalf of the City by a oompetent person desic,�ated by the City. Sick leave is to be used normally for the siclmess of the enplayee only; however, 2 sick days per year may be used for the following specified uses: tl) serious illness of the spouse. bwo t2) serious illness of child. Zfie special use days cannot be acc�wlated fram one year to the next, and if they are not used, they are included in the normal sick leave accumulation. Time off with pay can be charged to the specified special uses listed above. For additional reasons, time off with pay can be charged to sick leave only if the employee is sick. (Ref. 534) 3.06 ATII�UAL LF.AVE Ai�ID S�RT TERM D7S�ABII,ITY BEi�FI'15 Each enplayee of the City hired on or after January 1, 1983, shall be entitled to annual leave away fran enployment with pay instead of the vacation and sfck leave pravided in Sections 3.04 and 3.05. Annual leave pay shall be computed at the regular rate of gay to which such enployee is entitled. A beginning emplayee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years t84 successive months) . An employee who has worked seven t7) years (84 sucoessive nanths) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) m�nth of oonsecutive enployment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181st) month of oonsecutive enplalmient. The maxim�an total accumulation of annual leave at the end of any given year shall be thirty (30) c7ays for any indivicival enplvyee. Each employee of the City hired on or after January 1, 1983, who has sucoessfully oompleted the emplayee's probationary period shall be eligible for short tent► disability benefit instead of the injury benefft provided for in Section 3.08. S�ch an enplayee shall be entitled to full pay oamnencing on the twent�first (21st) consecutive working day on which the employee is absent due to a physician-certified illress or injury, whether on or off the job, and continuing �til the e�layee returns to work able to carry out the full duties and responsibilities of the e�layee's position or through the ore h�mdred and tenth (110th) working day of absence, whichever occurs firstf pravided, hawever, that the a�iount c� any oamp�ensation shall be reduoed by any payment received by the disabled employee from workers' compensation insurance, Public Eh�loyees Retirenent Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for ariy single illness or or injury, regardless of the number and spacing of episodes. The annual�leave balance of an empioyee receiving short term disability benefit shall not be reduoed, nor shall such enplayee accrue annual leave during that period. � Before ariy short tenn disability payments are made by the City to an emplayee, the City �y request and is entitled to receive fran any enplayee who has been absent more than twenty (20) w�orking days in suooession a certificate signed by a oompetent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to illness or injury and not otheiwise. �e City also reserves the right to have an examination mac3e at any time of any e�layee claiming payment under the short term disability benefit. Suc� examination may be made on behalf of the City by any competent person desic,g�ated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. H�layees of the City hired prior to January 1, 1983, shall be provided with the apportunity to transfer fran being subject to the vacation, sick leave, and injury on duty provisions of this chapter (Sections 3.04, 3.05 and 3.08) to being subject to the annual leave prwisions of this section at a time and under oonditions to be established by the City Manager. 3.07 SLVII�NCE PAY Each e�layee who leaves the City e�layment for any reason, whether voluntary or involuntary, shall be paid for earned, unused vacation days or accrued annual leave days. An employee hired bef ore September 1, 1978, with forty-eight or nare oonsecutive nanths of e�loyment will receive severance pay in cash based on one and one-half (1 1/2) c7ays for each twelve (12) oonsecutive months worked, but not to exceed thirty (30) c3ays of s�ame. 3.08 IIZ7�AtY Any permanent City er�loyee who has been emplayed by the City at least six (6) m4nths and who is injured on the regular job shall be entitled to full pay up to a period of ninety (90) days while the employee is absent from work by reason of such injury, and the employee's accrued sick leave will not be charged until after that period and beginning with the ninety-first (91st) day of absence fram work by reason of sudi injuryt provided, however, the amount of any oa�ensation shall be reduoed by any payment received by the injured e�nplayee fran workers' oa�ensation insurance. D�loyees who claim an absence fran work due to an injury sustair�ed on their regular job are subject to an examination to be made on behalf of the City by a person oompetent to perf orm the same and as is desicg�atea by the City. Ariy vol�mteer firefighter injurec7 while serving the City in the performance of the firefighter's duties shall be entitled to oanpensation for a period not to exceed ninety (90) days while absent from work by reason of injury. Rate of oar�ensation shall be equal to the then current pay scale for f irst class firefic,�ters in the City of Fridley, Minnesota; pravided, hawever, the amount o� any oo�npensation shall be reduved by any payment received by the injured fire�fighter fran workers' oa�ensation insurance, or any payments received fran the fireiic,�ter's regular e�loyer. Any vol�teer fire�fighter who claims an absence from work due to said injury shall submit said claim on forms provided by the City and if so requested, submit to an examination by a physician desicg�ated by the City. (Ref . 46� 1C 3.49 DL9QUALIFICATmN Failure without goa] cause on the part of an employee to provide such certificate or to submit to such an examination or examinations as may be cieened necessary by the City to verify an illness or to determine the nature of an injury and the cause thereof, shall subject the employee to being clisqualified fran ccx�rpensation otherwise to be received by reason of such illness, or injury and the absence caused thereby, and also to such other disciplinary means as are provided by law. 3.10 ABSII�ICLS An eaployee who has be�► duly stim�moned for jury duty in v'1Y o�urt, or who has been �.ily s�manoned as a witn�ess in any proceeclin9r shall be excused from work for the purpose of oanplying with such s�anons, and while absent from work in acoordance therewith, such employee shall be entitled to receive as pay a sum of money equal to the difference between what the employee receives as varrpensation for suc� jury c�uty or witness fees and the employee's regular PaY• An employee absent from work in accordance with the order of a duly established military authority shall receive pay and oompensation during such absence as is pravided by State Law. In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the follawing: spouse, child (natural or adopted), garent, grandparent, brother, sister, mother-in-law or father-irrlaw. (Ref. 535) 3.11 ADMIl�IIS�tATNE POLICY �Y►e City Manager shall have the po�wer to formulate and execute a3ninistrative policies which will further clarify and oanplement this chapter and to make rules and regulations for the enplqm�ent of tenporary, part time and contract enplayees as well as consultants and independent contractors for services. Such a3ninistrative policies, rules, and regulations shall apply to all City enplayees unless there is a specific pravision to the o�ntrary in this chap�ter or in a collective bargaining agreenent enterec3 into by the City. PpSSED AND ADpPTID BY ZI�iE CITY �JIJNC� OF ZiiE CITY OF FRIDLEY �iIS ---� �i°►Y OF ��„_.► 1982. ' AZi'FbT's -- ---�-- ---- -------�_ SII�Y C. Il�91�1N - QTY Q.EEtR First Reading: Seoond Reading: Publish: Deoent�er 6, 1982 �.- -- -- --- WII.�LIAM J. 1�E - MAYOR - - - - -- 1D OATE FROM SUBJECT DIFiECT�RATE �� PUBLIC WORKS December 1, 1982 John G. Flora Rock Crusher SP#82-12 � MEMOAANDUM TO ACTION INFO. asim Qureshi, City Manager The Planning Comnission at their November 17, 1982 meeting, recomnended to City Council approval of Special Use Permit SP#82-12 to allow the operation of a rock crushing machine to redeem concrete on Park Construction Company's property located at 81st and Beech Street. This request is a method of recycling waste concrete material and reducing useage of Landfill operations. If this Special Use Permit is granted, consideration should be given to: 1. 2. 3. JGF/mc Allowing the City to dump wast concrete material at their storage site (No cost with credit). Taking necessary measures to insure City and State noise, dust and en- vironmental limits are not exceeded. Locate the rock crusher, generators, and stock piles as far east of the Burlington Northern Railroad tracks as possible. . � r �� - � / '` :.,) �,:I.. 1 � � 2 �' ' 2 p' �. � a i • �� � I�..,_.. i I , ,� � � .' :.. .-. . I � I SAV #�82-03 ark Consttu t � ' � �� � SP#�82-12 S one Crushe�r ?�� m�' � ,� � ��� � --- ---------�4ua ent-- � . �:.. •. , r _ _ � .. .. � � �t -------- --- I: • 133a1' , � .' e^ I� I �' ��' � ..i c 1 ' ' � � I � � :� �v � � ` :.i � � � : - _ .) - . 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' �, �'� � ; �.133 18 �.. .�-o � t� s � Q �r� ! .,,. ., . , � . � �I z+ , o > -- - �� 1�� � �'� � � � � `�i - J/ •�' I�� • � � w i �� ; ` . � ���� ' � � • � �� � .� � i1 � .t • � t � � � 7/ y e � .: � � �� �i..�/�a►+�iw�i/ � --T� x I• :� w� ! � �� � ` T � �►• : �. � �_ x � � �^-- ► i 7 �� � ' _ - � ' _- ►-~ ` i � S � � v � � ��. � 1 ' 1 V y •i h h � .� '�« ���` - .— : t-�:. � �� � " ;� _ . ..� `' . � •' _s� s. = _ �i • T - � v . : ,' v . • � / � �.. _► ` ^ � • e.�� �. � � � �; r� - :� • T1 ' � i' . •► .. . i ' • .v • },^. �' � ' � i � � i ' � ,� ! !' � L� �� j . �� � w ♦ • � . � �` ►1� • • � �' �1 � a� � .f � 7 • � � , � � .%�: t : .� s �• •� �`� • ,� �� � " � �- : v � • ��J ' �' - �' � � `=- �' � • . • � t' . i � ,�. � ► ! j ��' � 4 � � .. � � " � . � � � � � � �t . ^� ; !/ N , • • /i � ~� V o'�V� ' � � ' � • •�..+i � �1 � � �e� � � 1 • • F , • � r ^.� � . t � `''` "' ..ti � �► � v� . � � . "'` : � �� �` � • � � " ` ' �: t 1-� . W 1-- • '�� � , � � � � � . v-., � � W " �' ' W � � � s i �e � • � : ,� . W ,'�. w � � � • • ..q . . .., � �� • � • � ���I�:.:.. .� (f� V � �� � ` ����'�� �. • : • \ � 1 ��— �� ! (� ' � i � � � `' � "4. • . r • � �, � . t . �• � s � � ; � � .,� � � � �T_ " , i� ♦ ? w, t ~ ! ^ � e � � . � "� � — • ^ � 3 • � � w � f • � � � • : � • ', � . •• � ��S • • c! � . � �M ! • ^ ! . �� t . � � '. � ? ... • � � . wi : I� � ^f � • i . � �/� A � ' , � •• w i ���� •�' li � . � ;3'N '3Ad " NO1HSb '" , . . • • ., . �, ; ` .. ... 'nr---r—� ISSION ER 17, 1 Mr. Flaherty could do salvage work on tfiat property. special use permit, he is limited to use that proper and storage of his business vehicles. Mr, Kondrick also agreed. Z �s . PA6E 5 erwise,�without the nly for the maintenance Mr. Oeblon stated that right now this is a non�nforming use and a special use permit is needed to make it a conforming u. Mr. Oquist stated that if the Commission rec .mends approval of this request, they should request Staff to provide for Ci y Council an answer to the question of why a special use permit is really nee� d. MOTION BY MR. KONDRICK� SECONDED BY MS. ON SP �18?-11, CENTRAL AUTO PARTS, 8Y JC UPON A VOICE VOTE, ALL V�TING AYE, HEARING CLOSED AT 8:29 P.N. N AAN� TO CL0.SE THE PUBLIC HEARING 8vzzc. SCHNABEL DECLARED THE PUBLIC !�lOTION BY MR. 1CONDRIQC, SECONDED 8 AlR. OQUIST� TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIRL USE PERMIT� N82-11, CENTRAL AUTD PARTS� BY JOHN BUZIC, PER SECTION 205.132� 3, 8, TO A JUNJC YARD ON LOTS 6, 7� AND 8� BLOCK 2� CENTRAL VIEW MANOR� TXE SAME BEI G 1136 72 2/? AVENUE N.E.� WITH TNE STIPULATION THAT ALL OF TfIE OUTSIDE IINPROVE ENTS BE PART OF TXE SPECIAL USE PERMIT AND TNAT TffE OWNER OF THE PROPERTY BE N TIFIED OF WHAT TN0.SE IMPROVEMENTS MUST BE. THE PLANNING COMMISSION ALSO REQ TS CITY STAFF TO PROVIDE INFORMATIDN T�D THE CITY GbUNCIL ON WXY A SPECIAL� USE PERJHIT IS NEEDED IN TfiIS CASE. UPON A VOI CE VOTE � ALL CARRIED UNANIMOUSLY. Ms. Schnabel stated the this item at their Dec. AYE, CNAIRWOMAN SCXNABEL DECLARED THE !lOTION ty Council would set the public hearing date for h meeting. 3. PUBLIC HEARING: SPECIAL USE PERMIT, SP �f82-12. PARK CONSTRUCTION COMPANY, C RL SON: er Sect�on . ,, i o t e r� ey ity o e, to a ow t e set up of a crusher to reclaim concrete, to be located on Parcel 7200, Section 3, bounded by 81st Avenue and Beech Street, all part of 7900 Beech Street N.E. MOTION BY PlR. OQUIST� SECONDED BY MR. KONDRICK, TO OPBH TtIE PUBLIC XEARIlJ6 QN SP N82-I?� PARIC GbNSTRUCTZON COMPANY� BY CARL OlSQN. tTFON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCiJNABEL DECLARED TJiE PUBLIC 1JEARING OPEN AT 8:36 P.Y. Mr. Deblon stated Mr. Dick Carlson was in the audie�ce to answer any questions about this operation. 2C PLANNING COMMISSION MEETING, NOVEMBER 17, 1982 PAGE 6 Mr. Carlson stated this crushing operation is a new venture for Park Construc- tion. They plan to bring in concrete materials to be crushed. Nhen they have accumulated enough materials, they will bring in a crusher and crush this material, then stockpile it for reuse and sale. There is no way they would have enough material to keep a crusher going to its full extent. However, there could come a time when the crusher would be there full time. He stated this is recycling material that people normally are hauling and putting into land- fills which is wasting a good product. He stated crushed gravel is getting harder and harder to get. Mr. Svanda stated he would be concerned about the noise generated by the crusher as residential housing is not too far away. Mr. Carlson stated he has �o expertise in how much noise is generated by the crusher. The power plants of the crusher are normally enclosed in a van so the only actual noise is the crushing of the material as it goes into the crusher. In 1971 Park Construction crushed a million yards of limestone on East River Road and 31th for Burlington Northern. They crushed two shifts night and day, and the noise from the crusher did not pose any major complaints from the neighborhood. Mr. Deblon stated it would be interesting to visit an existing rock crusher and take decibel readings at various distances. He would suggest Mr. Carlson do that before the special use permit request goes to the City Council as noise might also be a concern expressed by the City Council. Mr. Carlson stated that Carl Bollander b Sons has been crushing rock for the last three years down on Marshall Ave. b Plymouth. The crusher is located within 200 ft. of a redevelopment area with new homes. Bollander did get sor.ie coMplaints, and he put up a noise barrier to deflect the noise. Mr. Carlson stated that if noise is a problem. there are remedies. He stated if they violate the noise code, then they would have to do whatever is necessary to be in com- pliance with the noise code. Ms. van Dan asked about the dust. Mr. Carlson stated there would be some dust, but the amount of dust varies with the different types of material. He stated he did not feel dust would be a problem. Mr. Carlson stated they keep a neat and.tidy operation, and they want to cooperate with the City in every way possible. including any noise or dust to�platnts. He felt this was an avenue that the construction industry is doing that, quite frankly. is going to save taxpayers' dollars. Mr. Kondrick stated his concern was also about the noise as crushing rock is a noisy operation. Mr.Deblon stated that, as Mr. Carlson had stated earlier, this is a form of recycling. �� j= ,� � SUB�I ECT : � �om �. a�t d NASII[ QUAESHI CITY 1tANAG�A'S OFFICL ecem er , ICE RINK AT 3AY PARK TO MEMORANDUM CB-9•'! Please discuss the request for an ice rink at Jay Park with me. Also whether there are any plans for icing at the new community park? Thank you. NMQ/ms December 10, 1982 : r� 3 Tior� i INF Attached for your review are the minutes of the Park and Recreation Commission meeting dealing with the petition submitted by the Jay Park residents. This item was on the City Council agenda for two reasons. First, it was part of the official motion made by the Park and Recreation Commission and, second, with the numerous amount of names on the petition, I thought it justified that Council was made aware that we have tentatively solved the problem. We do plan on regrading in-house the west side of Jay Park for the establishment of a general ice area for the year 1983. By regrading this area, we will also make available an open spot for soccer, touch football and other field games that the neighbors may play. There are approximately 50 to 60 K through 6 age children in this neighborhood and, therefore, I believe they warrant additional area besides just the play equipment. As you will note by reading through the minutes, we have also expressed interest in experimenting with the new pond at Community Park. Without the knowledge of what difficulties we may face in our equipment entering and leaving this area, we cannot be assured that it_will make a�uitable skatinq area. We also need to contact the County with regards to a proper working agreement for use of the pond. . After this skati.ng season is finished, we will evaluate and keep you posted on our plans for the 1983-84 skating season. CAB/ja attachment 3A CITY OF FRIDLEY PARKS b RECREATION COMMISSION MEETING SEPTEMBER 27, 1982 � LALL TO ORDER: Chairperson Kondrick called the September 21. 1982, Parks b Recreation Cocmission meeting to order at 7:30 p.m. ROLL CALL: Memb resent: Dave Kondrick, Mary Schreiner. Dick Young� Dan Allen Menbers Absent: Jan Seeger Others Present: Charles Boudreau. Parks b Recreation Director See attached list APPROVAL OF AUGUST 3 1982 PARKS b RECREATION COMMISSIO� MINUTES: AIOTION BY MS. .SCHREINER, SECONDED BY yR. YDUNG, TO 11PPR0:'E TNE AUGUST 3� 1982� pAR :KS RECREATION COINMISSION PlINUTES AS WRITTEIV. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERSON KONDIRICK .�ECLARED TXE J�lOTION CARRIED UNANINOUSLY. APPROVAL OF AGENDA: MOTION BY AlR. YDUNG, SECONDED BY 1�lR. ALI.EN� TO APPROVE TliE AGENDA WITH THE FOLIAW- ING ADDITIONS AND CHANCES: REpIlEST i PETITIDN FOR ICE RIN1C AT JAY PARK - JAY PlIRK RESIDENTS (MOVED TO FIRST ITEM ON TXE ACENDA) Petition No. 9-8? WOODCREST BAPTIST CNURCH SCHOOL DONATIAN - ITEN D UNDER "DIRECTOR'S REPORT" COMMENT ON NATURE CENTER FALL NEWSLETTER - J�lARY SCHREINER - ITEN A UNDER "OTXER BUSINESS" UPON A VDICE VOTE� ALL VOTING AYE� CXAIRPERSON XONDRICK DECLARED TXE NOTION CARRIED UNANIAlOUSLY. 1. REQUEST AND PETITION FOR AN ICE RINK AT JAY PARK - JAY PARK RESIDENTS: Mr. 6ary Marlow, 6525 Main St. N.E., stated they are at the meeting to request an ice rink in Jay Park. Right now tf�ey have a park that is tnadequate for any- thing as far as winter activities. Right now the average aged child is 10� years o1d, and Jay Park is more of a toddlers' park. There is a climber and a swing set and that is all. He stated they have a petition to present to the Parks b Recreation Cortmission requesting one ice skating rink at the Fridley Jay Park location. � PARKS i RECREATION COMMISSION MEETING, SEPTEMBER 27, 19£32 PAGE 2 NOTION BY NR. YOt1NG, SECONDED BY NS. SCXREINER, TO RECE.VE TXE PETITIDN (No. 9-8?) REQUESTZNC ONE ICE SKATZNG RINK AT JAY PARK. UPON 11 VOICE VOTE, ALL VOTINC AYE, CNAIRPERSON KONLIRICK DECIARED TNE lNOTIDN C1�RJ2IED UNANIPIOUSLY. A resident stated that in order for their children to do any ice skatinq� they have to either cross the railroad tracks, Mississippi St., University Av�e., or Rice Creek. As long as they have a park and there are as man,v children as there are in the neighborhood, they would think they could have an ice ripk at Jay Park. A resident stated the area across the tracks from them is their area� except there are about 20 more houses. Their tennis courts, two basketball set-ups, and an ice rink. similar in nature to park has a toddler area. A resident stated that someone had mentioned their children could ride their bikes to the new community park, but that is also da�ger�us, decause there are woods nearby and the railroad tracks to cross. A resident asked how the Citr detennines which parks are to have tce and which are not. Dr. Boudreau stated they are trying to consolidate and centralize the ice areas based on a report done by the Planning Oepartment. The report was based on the population statistics of the children, neighborhoods, etc. He stated the Jay Park area is not unusual. Almost every neighborhood in Fridley is isolated. �ld Central, Mississippi St.. I-694. University Ave., and Osborne Road all cut through the City. Most neiqhborhoods do not have an ice rink. There are only ten ice rinks in the City of Fridley--an ice rink 6eing an enclosed rink utilized for hockey. and there are 20 general skating areas in Fridley. Some of those areas are rather small. They are a maintenance headache and are very costly for the City to operate. Or. Boudreau stated that with the economic pinch, the City is trying to reduce the expenses of the City budget to hold down the tax bill. His job is to recommend to the Parks b Recreation Cormission the ice area locations for 1982-83 (to be addressed later in the meeting), He stated that six years ago, there were 14 ice rinks for hockey in the City; they are now down to 10, because they are much more expensive to maintain than a general skating area. Dr. Boudreau stated Curt Dahlberg, the Park Foreman� had looked at Jay Park. In a memo to Dr. Boudreau, Mr. Dahlberg had stated it would cost about =2,200 to maintain an ice area throughout the year. It is going to take a6out E700 to pre- pare.the ground. totalling about s3.000, an outlay of funds that has not been budgeted for an ice pad which would measure approx. 75' x 100'. He stated they would have to utiliie the west side of the park area where the ball diamond is now located. If they were to regrade this area to accommodate a general skating site, there would be extensive turf damage (counter-productive to the existing turf management program), plus a good probability that the ball field would remain wetter for longer periods of time, thus reducing normal surtmer usage activities. 3C PARKS b RECREATION COMMISSION MEETING SEPTEMBER 27 1982 PAGE 3 Mr. Dahl6erg had stated the level direct rod readings show that ingress/egress to the s�te would be yery diffitult. The drop in grade would be approx. 2� ft. �n 30 ft. d�stance which Nould be very difficult for equtpment entry/exit during �nter �onditions. He had also stated that the present winter schedule is taxed to tts limits and he felt t�at wit�out additional full time personnel or authorita- � tion ot overtime, expansion of their winter schedule at this time would result in reduction of quality service to a11 ice areas and rink areas within the City. Dr. Boudreau stated Mr. Dahlberg's crew consists of six full-time people and about seven part-time maintenance people, operating six days a week trying to maintain the ice in Fridley. and that is quite a load for that amount of people and equipment breakdowns they have. Or. Boudreau stated Mr. Dahlberq had su�gested thet the residents of Jey Perk be notified of the City's plans to create a large general ice area at the new Community Park and to inform them of the City's instruction sheet for backyard rinks. A resident stated they were told that about 12 years ago, the Jay Park residents tried to get an ice skating area and were turned down. She would like to know why in this area where there are a lot of children and it is potentially dangerous for the children to travel to another rink. the City cannot move a rink from one location to another. Dr. Boudreau stated economics, manpower� and accessibility were three reasons. Mr. Kondrick stated they do appreciate the citizens of Fridley bringing these kinds of things to their attention. Mr. Dahlberg had spent some time looking at the area and figuring out how much it would cost to build the rink and how much it would cost to maintain it. On that basis alone. the City does not have the dollars to do it. What the future will bring. he stated he did not know. He stated that at this time, he felt the Comnission would have to take the matter under advisement to see which direction they should go. Ms. Schreiner stated that one comnent she felt was very important was the comnent that the children on the average in this little neighborhood have outgrown the use of Jay Park. She stated she has lived in Fridley for 20 years, and she never had a"tot lot", and she always had to drive her children to another area when they wanted to go skating. She understood what the residents were going through� but she thouqht there must be some way of determining which areas possibly no longer need an ice area. She stated there must be some type of reports on how heavily used the rinks are. Dr. Boudreau stated that unless there is a warming house located at an ice rink with.an attendant to monitor the usage, it is impossible to know how heavily a rink is used. Last year, to the best of their ability, about 20.000 participants used ice tn the City of Fridley. Dr. Boudreau stated another concern the residents should be aware of is the problem of the little children trying to skate when the 10-11-12,year olds have their hockey sticks and pucks and are playing fiockey. PARKS 6 RECREATION COMMISSION MEETING, SEPTEMBER 27, 19A2 PAGE 4 Mr. Young stated his biggest concern was the fact that these children are havinq to cross major streets to go to other areas. A resident stated the major res�reetsrtohanyeoftthe othEr av�ilableirinkss because it is not safe to cross major Or. Boudreau stated the City is planning a bikeway/walkaay system that will go down from their neighborhood and across t�e metropolitan sewEr dike o� Rice Creek and connect in with the County's bikeway/walkway system. He stated this neighborhood's problem is not new to tve looked atetheaproblembofegettingkthe people onstheiwestf University, and they ha side of University to go north and south. Ms. Schreiner stated it might be beneficial to get more up-to-date information on numbers of children in particular areas. Mr. Kondrick stated they wi11 definitely review this, will get some new up-to-date fiformation in terms of numbers, dollars, etc.. and will notify the residents of their recomnendation. XOTIpN By yR. YDUNG, SECONDED BY 1�15. SCHREINER, TD CQNTINUE DISCUSSION ON TXE REQUEST FOR AN ICE SKATING AREA AT JAY PARX UNTIL THE NEXT MEETING AND TO REQUEST STAFF TO PROVIDE TNE COMMISSION WITX 50ME INPUT WITH REGARD TO THE AVERAGE ACE OF THE CHILDREN IN THE NEIGHBORHOOAS IN ORDER TO EVALlIATE WNETHER OR NOT THE CITY pARXS ARE BEING USED TO THE BEST USE OF THE NEICHBORNOODS. UPON A VOICE VOTE, ALL VOTING AYB, CXAZRPERSON KQNDRICK DECIARED TXE MOTION CARRIED UNANIMOUSLY. Or. Boudreau stated he would be happy to work with any or all of the Jay Park residents in trying to solve this problem. Mr. Kondrick thanked everyone for coming to the �eeting. 2. REQUEST • NORTH SUB�BAN CIVIC CENTER AND ICE I�RENA: Repr entatives from North uburban Civic Center and ce Arena were at the meetin to request financial upport from the City of ridley because many of the user of the ice arena liv in a portion of Fridley. Mr. Young a ed how much time in t ice arena is already eduled for this coming year. Mr. Duane Nass s ted a majority of the rime ice time has been quPrime to�use .by the Spring lak Park Hockey Assoc, and he Blaine Hockey Assoc. is 5:00 p.m. - 10:0 �p.m. Saturday and Sun are also prime time. Mr. Young stated that. suming the City of Fri ey was agreeable to t's request, a n d b e c a u s e i t i s t a x m o , it is possible the dley Hockey Assoc. wo ld be i�terested in using the ic arena. What guarantee s there t fiat t he Fri ey Nockey Assoc. would be allo ted so many hours of pr e time? �: 3E PARKS 3 RECREATION COMMISSION�hEETING OCTOBER 25 1982� PAGE 2 1, JAY PARK SKATI_NG RINK PETITION: Qr. Boudreau stated that at the last meeting. the reside�Ls of Jay Park had presented the Commission with a petition to request an ice rink at Jay Park. He stated the Commission members still have to make a recomhendation on this request. Dr. Boudreau stated that at the last meeting, the Cortmission had requested he check about the security light that was out at Jay Park. He stated he did contact NSP, and that light should be fixed. The Commission� had also asked him to get more up-to-date information on numbzrs of children in this particular area. He stated Roger Schmaus, Principal of Stevenson Elementary School, had informed him that there are approx. 50 children in grades K- 5 that are bussed from that area, and those are the children who would most likely use a general ice skating rink. Or. 8oudreau stated the Conmission members had also requested a traffic count on Mississippi St. He stated there is no updated traffic count on Mississippi. It is one of the crossroads in the City, and the traffic is equal to similar streets such as OsDorne and 73rd Ave. Dr. Boudreau stated he has looked at the area in Jay Park again. They are still talking about an area. approx. 75' x 100', depending upon the depth of snow which would make the area even smaller, fhey are talking about ingress and egrees to the generat skating area to be located on the west side of the park, �The security light would be the light to provide lighting for an ice skating area to eliminate additional expenses. As pointed out in Curt Dahiberq's memo, the expense would be around 53.000 a year to just maintain the rink. Mr..Young stated that maybe it would be less expensive and more practical to sealcoat the basketball court and then flood over the top of the court. It would save them the cost of moving the dirt, and they wouldn't ruin the turf. They could try this on a one-year basis to see what kind of usage the rink got. He stated Columbia Heights has flooded their tennis and basketball courts for years to use for rinks. He realized it would only provide an ice area of approx, b0' x 75' Was this a practical solution? Or. Boudreau stated he has discussed this with Curt Dahlberg because they have talked about experimenting with freezing over blacktop. One problem is they would end up color coding the area about every 2 years. Also, looking at the size of the space, if there is very much snow, the area'is dramatically reduced. 7o freeze over the court is just as expensive as to clear the snow from the whole west side. because the equipment still h�s to come in and they Hevalso thought�ittwould be an�inferior�spaceutoStrynand maintainrger space. Mr. Allen agreed the west side was the only place for a rink, but there would definitely need to be some work as far as elevation. . � .� � . PARKS 3 RECREATION COMMISSION MEETING' OCTOBER 25� 1982 PAGE 3 Ms. Matson stated that not try it. even if it happy with a 10' x 10' their park. since Fridley has never tried flooding a court. why is a smaller area? She felt the children would be rink since they have never had any rink before in 3F Dr. Boudreau stated the money is not in the budget for this year. Ne stated no matter what size the ice is, it still costs the same to maintain, even if they flood the blacktop. He stated if they are going to do anything, he would rather see them go in a�nd rework the whole west area and do it correctly. Since the ball diamond is not used, they could remove the backstop, grade the whole west area, and make an official skating area. In the summertime, they could use it for soccer and open football. He stated that was his recortmendation. Ms. Mattson stated that would be terrific. She statei they are not at the me�tlnp to ��k th� Comnl�sion or th• City to do eom�t:�inp ripht nowz th�y are just asking that something be done for their park. The Cormission members agreed with Dr. Boudreau's rec��mmendation. MO?ION BY 1NS. SCHREZNER� SEGIDNDED BY lfR. YOUNG, TO RE�'0�1MBND TO CITY COUNCIL, TNROUGH PLAJVNING COMMISSION, TXAT JAY PARI�C BE ADDED T�) THE APPROVED GENERAL ICE SKATING AREAS FOR TXE I9B3-84 SEASON. UPON A VDICE VOTE, ALL VOTING AYE, CXAIRPERSON KONDRI�:K DECLARED THE PlOTIO17 CARRIED UNANIMOUSLY. Mr. Kondrick thanked Ms. Marlow. Ms. Peterson. and Ms. Mattson for cominq to the meeting. He stated he appreciated the concern th�.� residents have for their neighborhood and their park, and the Commission members wished more citizens had such a concern. 2. OIRECTQR'S REPORT: a. Craft�'Fair � Or. Boud au stated he anted to remind th Commi�sioners t Recreation Department w again co-sponsorin, wit� Comnunity tf�e Craft A air to be he at the Cormwnity ucation Center He stated th s is the fourt Craft A'Fair. it very nice, a encourage the Cort�nissioners attend if possibl . , b. Eisenhower Dr. Boudreau state he Coamission s a few trees have bee removed from 's will begin around Oct. 7th for the n structed there. He sta d the monumen Mvore Lake by the flagpol t the Parks b ducation n �ct. 30-31. n he would had probably no ced that qui e enhovrer Square. e stated gra ing office complex t t will be n- will be moved to e south end of ��i�^ 1� ' a� i� C PLANNING COMMISSION MEETING, NOVEMBER 17. 1982 __ PAGE 7 MOTION BY MR. OQUIST, SECONDED BY XR. KONDBZCK� TD CLOSE TiIE PUBLZC HEARING ON SP Ne2-1?, PARK G10NSTRUCTION L�OJ�IPANY� HY CARL OISON. s- tIPON A VOICE YOTE, 11LL VOTING AYE, CHAZRWOMAN SCXNABEL DECLARED TJIE PUBLIC BEARING CLOSED AT 9:17 P.N. Ms. van Dan stated she had no problems with this special use permit request. She thought Park Construction had a good track record with the City in attempt- ing to meet all city codes and standards. MOTION BY MS. VAN DAN, SECONPED BY PlR. SYANIIA, TO REC�OMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP �B2-12, PARK CONSTRUCTION COMPANY 9Y CARL OLSON, PER SECTIDN 205.131, B� (i)� OF TXE FRIDLEY CITY OiDDE� TO ALLOW TXE SET UP OF A CRUSHER TO RECLAIM CONCRETE, TO BE LCOATED ON PARCEL ?200, SECTION 3, BOUNDED BY 81ST AVENUE AHD BEECH STREET, ALL PART OF 7900 BEEC1! STREET N:E. UPON A VOZCE VOTE � ALL 'VOT7NG AYE � CHAIRWOJHAN SCXNABEL DECLARED TXE AlOTION CAItRIED UNANI1NOi1SLY. _ Ms. Schnabel stated the City Council would set the public hearing date for this item at their Dec. 6 meeting. 4. RECEIVE OCTOBER 19, 1982, HOUSIN6 b REDEVELOPMENT AUTHO_RITY MINUTES: !�lOTION BY MR. OQUIST, SECONDED BY JyR. SVANDA, TO RECEIVE TXE OCT. 19, 1982, NOUSING i REDEVELOPMENT AUTHORITY PlINUTES. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRWOMAN SCHNABEL DECLARED THB MOTION CARRIED UNANIPIOUSLY. 5. RECEIVE OCTOBER 25, 1982, PARKS b RECREATION COMMISSION MINUTES: AIOTION BY MR. KONDRIQC, SEOONDED BY AlS. VAN DAN� 410 RECEIVE TXE OCT. ?5� 1982� PARKS 6 RECREATION COMMISSION AJINUTES. UPON A VOiCE VOTE, ALL VOTZNG AYE, CHAIRWOMAN SCi11rABEL DECLARED TNE MOTION CARRIED UNANIAIOUSLY. Mr. Kondrick stated that on page 3 of the minutes, the Parks b Recreation Cor.mission made a motion recommending to City Council that Jay Park be added to the approved general ice skating areas for the 1983-84 season. He stated this came as a result of a petition from the neighborhood. He stated it was nice to see so many people interested in their park, and the Cortmission felt there was enough children in this area to justify an ice skating rink. He stated he would like the Planning Comnission to concur with this motion. I�IOTION BY 1yR. KONLIRICK, SECONDED 8Y A1R. OQUIST, TO CONCUR WITB TXE PARKS & RECREATION C017MISSION AND REt�HMEND TiG CITY COUNCIL TXAT JAY PARK BE ADDED TO TXE APPIZOVED GENERAL ZCE SKATING AREAS FOR THE 1983-84 SEASON. UPON A VOICE VOTE, �Z,L Vb47NG AYE, CXAIRWOMAN SCHNASEL DECLARED THE MOTION CAT�RIED UNANZMOUSLY. 3G� 3H MEMOR�PDOM ,� •• • :���•'� � I�lS Q�tl' �AiII$FI� �; SEP��Ftt 24, 1982 �JFX.Tt JAY PA�C PETITIQI � SS� The only site on Jay Park capable of containing a general skating area is directly over the existing infield. The maximum size would be very sub-standard allawing approximately 75 feet by 100 feet (*) that could be regraded without altering the entire west end of the pntk. Anything larger would require an extensive oostly regrading project. �: �'::: •. •�.�► Regrading to allow for the above would require the moving of approximately 160 cubic yards of soil. Dquipment and labor necessary to shape the site would oost apgroximately S700.00. (**) � : I�IY�� : ►.�1� ��•�I Routine maintenance for one general skating area would involve the use of the follawing equipment and estimated time for the season: - Tanker - base preparation: estimated 10 taurs - Tanker - daily maintenance: 21 hours - Saeeper - daily maintenance: 21 hours - Plow/Loader - daily maintenance: 21 hours All hours are average because of the unknown winter conditions. The costs of labor and equipnent for maintenance would cost approximately 52,200.00. •i�. �: : �►•;: If we were to regrade this area to accomodate a general skating site, there w�ould be extensive turf damage tcounter productive to our existing turf r�nagement program), plus a good probability that the ball field would remain wetter for longer periods of time thus reducing r�otmal sumner usage activities. The attached level direct rod readings show that ingress/egress to the site would be very difficult. The drop in grade would be approximatly 2 1/2 feet in 30 foot distance which would be very difficult for equipment entry/exit during winter oonditions. Hesides the aforementioned oonsiderations, it should be noted that our present winter schedule is taxed to its limits aad i feel that without additional full time personnel or authorization of overtime expansion of our winter sctiedule at this time would result in reduction of quality service to all ice areas and rink areas within the City. 0 �.r w— - - --- — �—�..r�i►.� .r - - -- - � Sd4�[_.��' •31 � A suggestion would be in order to notify the resident:� of this area of our plans to create a large general ice area at the new Co�nunity Park and also inform them of our instruction sheet for backyard rinks for tots. ' � . (*)� - Heavy snowfalls would rec�uce size. ; (**� - Rates obtained from Park Construction Co. Attached: 1981-82 winter schedule; Building Your Own Backyard Rink Site grade readings 0 FOR CANCURRENCE BY THE LITY COUNCIL APPOINTMENT - COMMISSION December 20, 1982 (Tabled from 12/6i82) ENERGY COMMISSION n � TERM EXPIRES 4-1-84 RESIGNING MEMBER Jerry Cichosz 7509 Tempo Terrace N.E. Fridley, MN 55432 4 5 CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 8. 1982 CALL TO ORDER: Acting Chairperson Kondrick called the December 8. 1982, Planning Comnission meeting to order at 7:30 p.m. • ROLL CALL: � Members Present: Mr. Kondrick� Ms. Gabel, Mr. Svanda, Mr. Saba, Mr. Goodspeed (replacing Ms. van Dan) MeMbers Absent: Ms. Schnabel. Mr. Oquist Others Present: Bill Deblon. Associate Planner Chris b Dennis Morley, 1524 Osborne Rd.N.E. APPROVAL OF NOVEMBER 18� 1982, PLAN��ING COMMISSION MINUTES: PlOTION BY NR. SABA� SECONDED BY XS. GABEL� TO APPROVE TXE NOV. 18� 1982� PLANNINC COI�fMISSYON MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, aCTING CfIAIRPERSON KONDRICK DECLARED TXE 1�lOTION CARRIED UNANIHOilSLY. 1. LOT SPLIT REQUEST: L.S. �82_-07, BY DENNIS AND CHRISTINE MORLEY: Split off t e South 118 feet of Lot 2, alock , Spring lake Par� Lakes�de (1524 Osborne Road) to make a new buildin site, 7625 Brigadoon N.E. (which includes a 25' street and utility easement�. Mr. Deblon stated the property in question is located between Brigadoon Place and Osborne Road to the east of Arthur St. The property is a rather deep lot with an existing house located towards the center of the lot. the lot having a double frontage;consequently the potential for double assessments. He felt this was the impetus for the lot split. Mr.Deblon stated the land proposed to be split off ineets all the zoning require- ments for a new buildable site as sketched. He wanted to emphasiie that the sub- division ordinance at this point in tirt�e calls only for a sk etch. The reason for this is because the hearing process may bring about changes, and it would be very expensive for the applicant to have the property resurveyed. There is no existing survey at ttiis point in time. Mr. Aeblon stated that one of the concerns expressed by Staff was that the exist- ing property does have an existing non-conforming use of an unimproved driveway. The Zoning Code calls for a hard surfaced driveway. At this time, the City would like to bring that driveway up to code. 5A PLANNING COMMISSION MEETING, DECEMBER 8, i982 PAGE 2 Ms. Gabel stated the existing driveway was approx. 100 ft. long. It would be an enormous expense to resurface that driveway. Mr. Goodspeed stated he did look at this property. He stated this is quite a nice neighborhood, and he felt just having a new house on that empty lot would be more of a service to the City, without also requiring the owners to put in a hard surface driveway. Mr. Saba stated he agreed with the concept and could understand Staff's point of view in trying to take these kinds of opportunities to bring things up to code, but he felt it was an unreasonable request in this tase because of the length of the driveway. MOTION BY NlR. SABA, SECONDED BY I�S. GABEL, TO RECO/NMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REpUEST� L.S. N82-07, BY DENNIS AND CNRISTINE MORLEY, TO SPLIT OFF THE SOUTH 118 FEET OF LOT 21� BLOCK ?� SPRING LAKE PARK LAKESZDE (IS?4 OSBORNE ROAD)TO MAKE A NEW BUILDING SITE, 7625 BRIGADOON PLACE N.E. (WHICX INCLUDES A ?5� STREET AND UTYLITY EASEMENT), WITH NO STIPULATIONS. UPON A VDICE VOTE� ALL VOTING AYE, ACTING CXAIRPERSON KONDRICK DECLARED THE MOTION CARRIED ilNANIJ�lOUSLY. Mr. Deblon stated this lot split request would go to the City Council on Dec. 20. 2. RECEIVE NOVEMBER 15. 1982, PARKS b RECREATION COMMISSION_MINUTfS: MOTION BY MR. SVANL�A, SECONDED BY JNR. GODASPEED� TD RECEIVE THE NOV. 15, 1982� PARXS & RECREATIDN COMMISSZON 1NINUTES. UPON A VOICE YDTE, ALL YOTING AYE� ACTING CHAIRPERSON KONDRICK DECI.ARED THE MO2ION CARRIED UNANIMDUSLY. 3. RECEIVE NOVEMBER 16, 1982, APPEALS COMMISSION MINUTES: MOTION BY JNS. GABEL, SECONDBD BY 11R. SABA, TO RECEIVE T1iE NOV. 16, APPEALS C1�1�fMISSION PIZNUTES. UPON A YDICE YOTE� ALL VOTING AYE, ACTING CHAZRPERSON KONDRICK DECLARED TXE 1�lOTION CARRIED UNANIMOUSLY. 4. RECEIVE NOVEMBER 16, 1982, ENVIRONMENTAL QUALITY COMMISSION MINUTES: PIOTION BY MR. SVANDA, SECONDED BY NR. SABA, TD AECEIVE TXE NOV. 16� 1982, ENVIRONM�NTAL QUALITY COMJ�lISSIDJV AlSMITES. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAZRPERSON KONDRZCK �CLARED THE !lOTION CARRIED UNANIMOUSLY. 5B PLANNING COMMISSION MEETING, DECEMBER 8, 1982 _ �� PAGE 3 5. RECEIVE NOVEMBER 18, 1982, HOUSING b REDEVELOPMENT AUTHORITY MINUTES: XOTION BY MR. SABA� SECONDED BY1�1R. SVANDA, TO RECEIVE TXE HOV. i8� 298�� HOUSING i REDEVELOPMENT AUTHORZTY 1�lINUTES. i1PON J1 VOICE VOTE, ALL VOTING AYE, ACTIHG CHAIRPERSON IiCONDRICK DECLARED TXE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE NOVEMBER 30, 1982. APPEALS CONMISSION MINUTES: MOTION BY PlS. GABEL, SECONDED 9Y 1�15. SVANDA, TO RECEIVE TXE AOV. 30� 198?, APPEAIS COMMISSIQN MINUTES. UPON A VOICE VOTE, ALL VOTING AYB� ACTZNG CXAIRPERSON KONDRICK DECLARED TNE MOTION CARRIED UNANZMOUSLY. Ms. Gabel stated she would like to heve the Planning Cortmission concur with the Appeals Commission's motion to recomnend to the City Council denial of the request to increase the square footage of a free standing sign from 159 sq. ft. to 191 sq. ft. on part of Lot 1. Sylvan Hills Plat 5, the same being 6410 Univ. Ave. N.E. (Burger King). Ms. Gabel stated the present sign is already 96 feet out of code, and Burger King has already had one variance. She stated she had explained to the representatives of Burger King the process the Sign Project Corunittee had gone through, how there was a concern in the community about this proliferation of signs, and that it really gets to be a problem along Univ. Ave. MOTIDN BY NR. SVANDA� SECONDED BY PlR. SABA, TD CONCUR WITX TNE APPEALS COMMISSION AND TO RECOMI�ND TO CZTY COUNCIL THE DENIAL OF THE REQUEST TD INCREASE THE SpUARE FDOTAGE OF A FREE STANDING SIGN FROM 259 SQ. FT. 2�0 19I SQ. FT. ON PART OF LOT 1, SYLVAN HILLS PLAT 5, TXE SAME BEIN6 6410 UNZVERSITY AVE. N.E., FRIDLEY, MINNESOTA, 55432. UPON A VOICE VOTE� ALL VOTING AYE, ACTING CNAIRPERSON KONDRICK DECLARED TNE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE NOVEMBER 23, 1982, ENERGY CONatISSION MINUTES: XOTION BY 1►IR. SABA, SECONDED BY J�1R. StrANDA, T�O RECEIVE TBE NOV. 23� 1982, ENERGY COI�NISSION I�IINUTES. UPON A VOICE VOTE� ALL VOTING AYE, ACTZNG CHAIRPERSON KONDRIQC DECLARED TXE MOTION CARRIBD (lldANZMDUSLY. 8. OTHER BUSINESS: Mr. Deblon stated he would just like to inform the Planning Carmission that the first reading on the Zoning Code was held on Mon., Oec. 6, the second reading is anticipated to be on Dec. 20. and the Zoning Code should be adopted and in effect by Jan. 15, 1983. 5C PLANNIP�G COMMISSION MEETING, DECEMBER 8, 1982 _ PAGE 4 ADJOURNMENT: NOTIDN BY PlR. SABA, SECONDED 9Y MR. SVANDA, 2�0 AA70ilRN TI�E PIEBTINC. iIPON A VOICE VOTE� ALL VOTING AYE, ACTING CHAZRPERSON RONDRICK DECLARED T1iE D�EC. @. 2982, PLANNING COMJNISSION MEETING ADVOURNED AT 8:38 P.M. Respectfully subm'tted. � ynn a a Recording Secretary '1"�1� CITr O� A �ATE FROM O.P.W. SUBJECT pIRECTORATE OF pue��c woRKs December 15, 1982 John G. Flora Lot Spl i t is �� - o � TO 5D MEMOAANDUM ACTIONI iNFO• The Morleys requested to have their lot split at the December 8, 1982 Planning Commission meeting. 7heir current home does not have a paved driveway off of Osborne Road. This item was discussed with the Planning Commission but was not stipulated in their action. We have been attempting to obtain zoning code compliance of paved driveways whenever possible. Since their property will now be divided and sold, it would appear prudent to require this construction. Hardsurfacing is necessary to reduce street maintenance, sewer cleaning, street sweeping and increased safety on the traveled way. Recommend the City Council require the driveway on 1524 Osborne Road be paved and the Park Fee of �500.be paid if they approve the lot split. JGF/mc 0 ..� . �. s. �r82-o� 5 E 0 . _ 0 1 (` I• �. �. ,� � � 0 � I I 93 � � � i' /S�y dS b�rnC /2� o- N 5F L.S. �82-07 ' 12 . � �G� A� �r' S C Yi�� : ��� �l ,�'l� � . � ��,��h lG�e. %��r� � , L�,k� si�c C�Gv/'► PrS : . �fijr�:;��)� �`,�`':1��iS . /1i,; r le y 25' Ro�� [ s�et���'� � Usic.i�`I ��sE�;,:�'•� / S�a ��°i J'= �D � / 2��8 i � n 1' CITY OF FRIDLEY APPEALS COMMISSION MEETING - TUESOA�, NOVEMBER 16, 19$2 PAGE 1 CAII TO ORDER: Chairperson 6abe1 called the November 16, 1982 Appeals Commission �eeting to order at 7:30 p.m. ROII CAII: Nembers Present: Others Present: Patricia 6abe1, Jim Plemel, Alex 6arna, Jean Gerou, Oonald 6etzold Kent Hill, City of Fridley Mike Anderson (Northwgst Fabrics) 5036 Bryant Avenue North APPROV6 APPEALS COMMISSION MINUTES OF OCTOBER 12, 1982: MOTION by Mr. Barna, seconded by Mrs. 6erou. to approve the Appeals Commission minutes of October 12, 1982 as written. UPON A VOICE YOTE, ALL VOTING AYE. CHAIR- PERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. . 1. VARIANCE REQUEST PUSUANT TANDING SI RE FEET, 1 10, 11 ANC N. E. , FRI rg, Nordquist Sign Company, 312 West La FRIDLEY CITY CODE. TO JNCR 5G NNESOTA. (Request by C. M. treet, Minneapolis, MN 55408) MOTION by Mr. Betzold, seconded by Mrs. Gerou to open the public hearing. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARIN6 OPEN AT 7:33 P.M. Chairperson Gabe1 read the Staff Report: �DtiIlI3T8�TI9B 3TlFF 1tBP0a'!' T55 53rd l�eau� 1.E. 1. PQHLIC PQEP03B 38R98D HT �SQIIIR�?: 3ection 21A.0�6. B2, limita aquare footage for free atandin6 signs to an 80 aquare foot mazimum �er developmeat. � PuDlie purpose aerved D� tDia reQuirement is to oontrol •laual pollutioa aad ezcea�ive uae of sigaa in a eommereial arsa. 8. 3?ATBD B�RDSHIl: *Ye teel tbat Decauas ot tne diat�nce tae Duildiag i� froa tbe street, tbat a larger tree staadiag sign vill De advaatsgeoua to inform tbe publie of the 1lorthveat Fabrica location. Me riab to add a 6' z 12' siga to tDe •sistina p�loa sisn. Ye underatand that larget bas already received a �ari�aee tor their siaa siae. Me teel LDis sign is ♦ery iaportant to ua as it 6eta aome ideatification closer to the atreet for lforthweat FaDrics. SH Appeals Commission Meetin9 - November 16. 1982 Page 2 Maqy area� oa 69� and Ceatral are so remote tbat it ia �ery difticult to see our vall aiga aad �e vould realise s sreat deal of peoefit trom a siga on tbe p�loa.' C. �D!l�I3TR�TI�B 3t�PF tSYIEY: Oa OctoDer 15• 1967, tbe City isaued Sign Parmit i9�22 to Target Storea Inc to erect a 17'6• s 17'6" (310 aQuare toot) free staadiAg sign. �'6ia vas a permitted eign and ao ♦arianee waa aeeded. Tbe sign ordinaace setting tbe preaeat maxisum sign area of 80 aquare feet xa� adopted ia OetoDer� 1977. On June 12� 1g80� Sign Per�it /458 ra� ta�ued !or a 12' z 12' (1�4 aquare foot) aign to replace tDe e:iating sign. No ♦ariance vaa aeceaaary to do thia aiaee tbe exiating eign vaa a legal aoa-confo'rming use and the new aign vaa reducing tbe approved aize llrom 310 aquare teet to tA4 sQuare feet. At tbia time, Target baa a aev tenant ia tbe southern aection of tbeir buildiag aad they are reQue�ting a♦ariance to iaatall a 6' z 12' (72 aquare toot) additioa to tDa esiating aign Mhich Would make a nex total of 216 aquara feet. Altbough tbia is �esa than the origieal 310 aquare feet� a�arianee ia nectssary aince it ia aA expanaloa of a lega� oon-conforoing use. Tbe ataff has no atipulatioaa it the Board decidea to approve thia �ariaace. Mr. Mike Anderson from Northwest Fabrics was present for this matter. He sub- mitted drawings of the proposed sign and Mr. Hill submitted pfiotographs of the area. Mr. Anderson stated they are new in the Twin Cities and are establishing their identity in the area and their store next to Target is difficult to see from some parts of the freeway. Ms. Gabel asked if people coming into Target is beneficial for them and Mr. Anderson said they have a lot of built-in traffic but they get a lot of calls asking where they are located in Fridley. Mrs. Gerou asked if tfie wall sign is the only sign they have and he said it is and people coming in from the West do not see anything at all. Ms. Gabel asked what type of material the sign would be made of and he said it will be an inner-illuminated plastic sign made of the same material that the Target sign is ma�e of. Ms. Gabel asked him about the colors and he said they will be yellow and black, like the watl sign. Mr. Plemel asked if the sign would help people coming North and Mr. Anderson said probably not. Mr. Barna felt they would be better off tying their advertising into Target and could not see where the sign would do any good at all to be placed in the proposed location and felt the only benefit would be on the side street. He felt it would be better to have signs on the two sides of their building - to just put up another wall sign. Ms. 6abe1 said she could see the need for a sign and she didn't have any problem giving Northwest Fabrics a means of identifying themselves and that the Commission members had gone and driven around the store and they are aNare of the problem and but she felt the proposed sign was not the answer to that problee. Mr. Anderson said their other stores are closer to the street and they don't have this problem with their other stores. Ms. Gabel asked him if he would like them to continue this matter to give him an opportunity to research something better. SI Appeals Commission Meeting - November 16, 1982 Page 3 Mr. Anderson said they have only been open three weeks and, judging from the addresses on the check, their business comes in South from Fridley and East and West from 694 and they don't have much business coming in from Columbia Heights. He said they felt it would be to their advantage to have a sign to help identify them from 694 and north of Central Avenue. Ms. Gabel said they do have the need for identification but it is hard to get freeway or road identification and the best thing they can do is to let people know they are located next to Target. Mr. Hill asked him if they have talked to Target about a wall sign and Mr. Anderson said he was sure that all avenues were researched and that Target is not that flexible and he would like the Comnission to go ahead and deal with this matter. At this time, Ms. Gabel introduced a public hearing notice that was sent to the Appeals Comnission regarding this matter. The letter was not signed but had the message "Sinage in general is ugly. Biaqer signs are uglier I object and Meadow Run Apts. objects"(sic)_and a�business card with Richard �udali's n�me�stapled'�t� the notice. MOTION by Mr. Barna, seconded by Mr. Plemel, to receive the letter from Mr. Fudali rega�ing this matter. UPON A VOICE,VOTE ALL VOTING AYE, CHAIRPERSON GABEL DE- CLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hill said he wouid contact Mr. Fudali to make sure the letter came from him. (It did) MOTION by Mr. Plemel, seconded by Mrs. Gerou, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED A� 7:50 P.M. Discussion: Mr. Barna felt that the sign is not going to do that much good but he would not object to the sign. Ms. Gabel felt this is not too much signage but did not think it was the solution to their identification problem and felt they have a valid need to identify their store. Mr. Plemel felt they didn't have too many alternatives and the sign is well done and unobtrusive and he would be in favor of the sign. Mrs. Gerous and Mr. Betzold were both in favor. MOTION by Mr. Betzold, seconded by Mr. Plemel, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the request to increase the square footage of a free standing sign from a legal non-conforming sign of 144 square feet to 216 square feet, to allow a new tenant to add to this sign, located on part of Lots 10, 11, and 12, Auditor's Subdivision No. 155, the same being 755 - 53rd Avenue N.E., Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Barna, seconded by Mrs. Gerou, to adjourn. UPON A YOICE VOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING OF NOVEMBER 16, 1982, ADJOURNED AT 7:55 P.M. Respectfully submitted, Deb Niznik, Recording Secretary � n '1 O Z 755 53rd Target S • 5 �, i� _ .... , - 'i' '� � � �' _� � • � ,�„ .� ,: :: � .� .`r? 1f' i ='.-+. � " � i�:: .:�•� � �' =� i '..� � ."'' �r • •� � �-{ ��, �� �- • : -� - � � = �:�; �. ..-• •-��_� =' �.j ;�3 .� _.. ;�.: :.-.,� � ,,. `�. � # � . . , .��. ��:: ' .f� � . .o'� j, . .: • •�t� �, . � • . � , � `� ..� r • ...�►�%�' � �� � �� • �X y y . •';�-,# � � ••i� � • �' � � 1 •r;�. ' � • � ' • • • • �+1. �:•.� � • �..,;t 1• � • � �,� •�•f�• � ' + 1 1 i ' �.�, '.� ..,�- � : �! �• i����� .; . . . , _ - - - - � '— � ft�R w�KRlR !MMrt �!R�..�: � � � w. S � ... . ' '� �: •iy � �+•• ��� ..� � �� •����s I .�����.• •• +• ... • f .� ... .. :� . �: �`:..�• I .... •.• .. ..'i i���..��. .�.• . . . ' . 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CIRCUITS TOTAL AMP TRANSFORMERS MI �O 30 M.A. SI2E t NUMBER 5L City of Fridley APPEALS COMMISSION MEE7ING - TUESDAY, NOVEMBER 30, 1982 _ PAGE 1 CALL TO ORDER: Chairperson Gabel called the November 30, 1982 Appeals Con�nission Meeting to order at 7:30 p.�. ROLL CALL: Members Present: Patricia Gabel, Alex Barna, Jean Gerou, Jim Plemel, Donald Betzold (late� Others Present: Darrell Clark, City of Fridley Don L. Yancey (Burger King Oistrict Manager) 3900 leslee Curve, Excelsior, MN 55331 Ashok Mehta (Burger King) 6410 University Avenue N.E. APPROVE APPEALS COMh'ISSION MINUTES OF NOVEMBER 16, 1982: MOTION by Mr. Barna, seconded by Mrs. Gerou, to approve the Appeals Commission m�nutes of November 16, 1982, as written. UPON A VOICE VOTE, All YOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIEO UNANIMOUSLY. 1. VARIANCE REQUEST PERSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE. TO �EET TO 191 SQUARE FEET SAr�E BEtNG 6410 UNIVERSI Grady MCCOrkel, Minnesota 55011. � ON PART OF LOT 1, TY AVENUE N.�E., FR1C FEET GRANTEO DECEMBE gn Company, 18601 Hi INNESOTA. (ORIG 96�TRequest #�65 N.E., Cedar. MOTION by Mrs. Gerou, seconded by Mr. Barna, to open the public hearing. UPON. VOICE VOTE, ALL VOTING AYE, CHAIRPERSON �,qgEL DECLAP.EO THE PUBLIC HEARING OPEN AT 1:33 P.M. Chairperson Gabel read the Staff Report: LDMINISTRATI118 STAFF BEPORr 6A10 Oniverait� •venue fl.E. •. PIIBLIC PORPOSE SERYED BZ REQOIRSI�?: 0 3ectioa 21A.04b, B2, limits sQuare tootage for free atanding signa to an 80 square foot maximum per development. Public purpose aerved by tbia requiremeat ia to control ♦iaual .pol2utioa end ezcessive use of aigns in a commercial area. 8. STATID BJIRDSHIP: � "Heed to advertize apecials on regular Da�is. Portable aigns are not legal ia Fridley oa a regular Daala.• 5 �r� Appeals Commission Meeting - November 30, 1982 Page 2 C. �DlI�ISTR�TIIIB ST�FF RBYIgii: ?he eziating free atanding sign vaa installed under 33ga Persit i10522 on DecemDer 5, 1969, after approval Dy the Citr Couneil on December 1. 1969 to vary the aign aise from a maximum of 100 square teet to 159 s4uare feet. Some Lime around tt�e end ot OctoDer. 1982, an 8 foot s� foot chaageable mesaage center aign vas installad at tDis location. It was brought to Burger 1Cing'a attention thaL any nerr inatalled sign requires a Sign Permit and aince tbis aign would increaae tbe total area of all aigna to 191 aquare feet, a nex variance xou:d havr to be granied Defore the �oroiL cauld be Sasued. Don L. Yancey and Ashok Mehta were present for this matter. Mr. Clark explained that in 1969 the maximum for a sign was 100 square feet and now it is 80 square feet. Mr. Yancey said they are asking for a 16 square foot variance and it was his understanding that if they took down the "drive-thru" sign they eould then put up the additional sign. He presented the Commission with a list of hard- ships and discussed some of them. He stated that there is a dead-end fronta9e road at Burger King, which sits far back off the road and the marquee is not visible from the highway. Mr. Yancey said that by advertising daily specials and listing the store hours gives people a reason to go there. He further stated sales as a hardship and that for many years the store has lost money and that the company took back the franchise. He said since tfie sign has been up they have had a substantial increase in sales. He stated that their research has shown that stores in the area that have marquees (such as Northtown) have a 33% increase in sales and that the increase in sales means additional employees, revenue and taxes. Ms. Gabel asked how long the sign has been up and Mr. Mehta said about three weeks. Ms. Gabel felt it would be difficult to determine the sales increase in that short of time and wondered if their recent television advertising had more to do with that, Mr. Yancey said their television advertising is not included in their sales figures. Mr. Mehta showed the Commission a sales chart and �r. Yancey said their ad was done on the 28th and showed the Commission which stores have had the marquees and increase in sales and further felt that the increase in sales was directly attributable to the marquees. He also stated that they need to increase their customer count to keep the business afloat and it was very st9nificant that they display their hours of operation. Mr. Yancey said the "drive-thru" sign is 24 square feet and the new message sign is 32 square feet. Mr.Plemel asked why no one considered talking to the staff 6efore they put up tF�e new sign. Mr. Yancey said they talked to Steve Olson. Ms. Ga6e1 said that Burger King is a large organization and should know about the process of putting up stgns. Mr. Yancey said that Arrow Sign Company is putting up the signs for them and it is their responsibi]ity and apparently there was a communication breakdown.. i�s. Gabel said Arrow Sign Company is aware of the permits needed and M�. Yancey said they took down the "drive-thru" sign and put up the message sign. _ 5N A�peals Commission Meeting - November 30, 1982 Page 3 Ms. Gabel stated that t�eir present sign was grandfathered in but the new sign is not and their sign is presently 96 feet out of code. She stated this puts the Commission in a difficult position and they have been given a variance once and she understood that businesses like Burger King had different sizes of signs for the codes in various cities and asked if they could make their sign smaller. Mr. Yancey said he didn't know how many years' profit it would take to do this. Ms. Gabel said she was surprised that this message sign would generate this type of business and further stated that they have a problem with setting a precedent by allowing larger signs. She explained to Mr. Yancey and Mr. Mehta about the Sign Cortmittee and the City re-writing the sign code and that it was determined that there would be problems with signs with all the major thoroughfares running through the community. She stated the Cortmission always winds up in a bind with this type of request as they can understand the position of the business. Mr. Yancey said this Burger King should have been.closed years ago but they think they can bring it back and another hardship is the Center City project falling tfirough. Ms. Gabel said the City is still working on that project and it has been a very slow process but eventually something will happen and they could depend on that in the future. Ms. Gabel asked what the cost was for the new sign and Mr. Yancey said it was �3,500 installed. He also said he understood what Ms. Gabel was saying but that they do not have an ugly sign and it is only 16 additional square feet and Mr. Dtehta said it would be underneath their main sign. Mr. Yancey said that the "Golden Arches" down the road stick out and Ms. Gabel said they are not there to get involved with their war with r�cDonalds and that is part of their problem -- if the Commission grants a request like this then someone else will come in with the same requesL and it wi11 get out af cantrol -- there are too many businesses up and down University Avenue that could come in with the same requests. Mr. Plemel said it is not just 16 additional square feet •- that the oriqinal variance was from 100 to 159 feet and now the code is 80 square feet and the present sign is atmost double what the code is. Mr. Clark stated that the permit reads for the original logo sign at 11'10" X 13'S" and further explained that the "drive-thru" sign was probably considered by the City as a directional sign and those signs are exempt from the sign code and felt that this directional "drive- thru" sign should not be a part of this discussion or have a bearing on the Commission's considerations. MOTION by Nrs. Gerou, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOtE, ACL YOTING AYE, CHAIRPERSON 6ABEL DECLARED THE PUBLIC HEARIN6 CLOSED AT 7:55 P.M. Discussion: Mrs. Gerou stated they are asking for 32 square foot variance and Ms. Gabel said they are actually 96 feeL out of code. Mr. Plemel said this is difficult as he could see the need but felt the Commission should hold the line on this request and the first variance should be sufficient. He stated that is the worst � area in Fridley as it is full of commercial enterprise and there would definitely be problems if they all came in and asked for additional signage. Mr. Betzold said he was sympathetic to Burger King's needs but granting this request would end up being no�-stop and the sign code has got a purpose and they should continue with that purpose. 50 �peals Commission Meeting - November 30, 1982 PAGE 4 Mr. Barna felt it was very difficult to refute their claims that the sign has increased their business (their sales papers showed that) and that strip on University Avenue is a problem, there are 4-5 businesses stuck back there, and felt that if they can use a sign to get people in off University they would help themselves and other businesses, too. MOTION by Mr. Betzold, seconded by Mr. Plemel, that the Appeals Commission recortanend to tTie City Council, through the Planning Comnission, denial of the request to increase the square footage of a free standing sign from 159 square feet to 191 square feet, on part of Lot 1� Sylvan Hills Plat 5, the same being 6410 University Avenue N.E., Fridley, Minnesota, 55432. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRPERSON GA6EL DEC�q RED THE MOTION CARRIED UNANIMOUSLY. At this time, Mr. Betiold clarified that this motion was made based upon previous procedures and policies of the Commissian in keeping the sign code in order and that this sign has already been granted one variance and to grant this variance would make this sign significantly out of code. �eals Commission Meeting of December 28, 1982: MOTION by Mr. Barna, seconded by Mrs. Gerou, that there shall be no Appeals Commission meeting on Tuesday, December 28, 1982. UPON A VOICE VOTE, ALL VOTING AYE, CIIAIRPERSON GABEL DECLARED THE MOTION CARRIEO UNANIMOUSLY. Adjournment• MOTION by Mr. Betzold, seconded by Mrs. 6erou, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING OF TUESOAY, NOVEAIBER 30, 1982, ADJOURNED AT 8:05 P.M. R�spectfully submitted� Deb Niznik Recording Secretary ���5 Burger King 6410 University . ti.....�,,, �� „�, - ». �..-..... \ � _ _ co.rcc �a � � •rtY,i,y �.•r,;��� ,�.. ,.�:. , ..�...� } ...... - ' � ' ' 7t 1i+ =N ronean� ;� � '' F :.� '"" - , � � � : r..-.� : , •PC.�n•�•�1 . - �,j� :,-�r� . � �N� • »: � �' twt' `• I. ` � ` � � ituG�. t' �. { . y.�': �-: +�_ �;: 1 • �•, � j y � ' �� �/A' ' \ ,'� `r• ^,f rtr.w�"Mt[t /t/7 � � t• k�. ,r y , � . . , ' � �'/ .,a ,� .�: y, ,,�•• :. 4 .. • � • � �' • � "(+. 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ROLL CALL: Members Present: Burt Weaver, Ed Kaspszak, Barbara Hughes, Duane Peterson, Narold Belgum Others Present: Clyde Moravetz, City of Fridley William C. Hunt, City of Fridley Gary Matz, Herbst b Thue Adrian E. Herbst, Herbst i Thue Mary Adams, Storer Mary Geis, Storer Jane 6remer, Storer Carol Wold Sindt, Storer Dennis Schneider, City Council Mayor Bill Nee, City of Fridley Jim Behling, Storer John Beattie, Storer Attorney Arno W. Mueller, Storer Ed Fitzpatrick, City Council APPROVAL OF CABLE TV COMMISSION MINUTES OF OCTOBER 7, 1982 3 OCTOBER 14, 1982: Due to the late hour, Chairman Weaver CATV Commission minutes and asked the together for the next CA7V Cortmission suggested continuing the approval of the Comnission members when they could get meeting. Discussion: Mr. Kaspszak said he did not �ant the meeting set until they could get the recommendations from the Negotiating Cortmittee. Chairman Weaver said the Negotiating Committee could not act until they get a response from the Company. Ms. Hughes stated they have a severe time problem. It was suggested that the next meeting be set for November 9, 1982 at 7:00 p.m. Mr. Peterson felt they could not get everything done by that time and Mr. Kaspszak wanted the Negotiating Committee to make recomnendations after they get a response from the Company. Mr. Mueller said he would have an answer for the Comnission by noon Monday to Mr. Herbst. The next CATV Comnission meeting was set for Tuesday, November 9, 1982. ADJOURNMENT: MOTION by Mr, Kaspszak, seconded by Mr. Belgum, to adjourn. UPON A VOICE V07E, ALL VOTING AYE, CHAIRMAN WEAYER DECLARED THE CATY ADVISORY COMMISSION MEETING ADJOURNED AT 10:10 P.M. Respectfully submitted, Deb Niznik, Recording Secretary 7 CITY OF FRIDLEY tATY ADYISORY COMMISSION MEETING - TUESDAY, NOYEMBER 9, 1982 ___ PAGE 1 � Glll TQ ORDER: �ice-Ch�inoan Peterson catled the CATY Advisory Commission of Nove�nbe� 9, 1982 to order at 7:00 p.�. ' - ROII CALL: � Members Present: Duane Peterson, Rarbara Hu9hes. Fd Kaspszak, Harold Belgum Members Absent: Surt Meave� Others Present: Clyde Moravetz. Cttr of F�idley Nilliam C. Nunt, City of fridley Mary 6e1s, Storer Mary Adams, Store� Jane Bremer, Storer Ca rol Mcld Sindt. Sto�e� John Beattie. Store� Attorney 6ary Mat=, Herbst i Thue APPROYAL OF AGENDA: MOTION Dy Ms. Hughes. seconded by Mr. Belgum� to adopt the agenda �s submittea. PON VOICE YOTE, All YOTING AYE, VICE-CHAIRMAN PE7ERSON DECALRE� THE l�TIOK CARRIED UNANIMOUSIY. APPROVAL OF CJ1TY COMMISSION MINUTES OF OCTOBER 7, 1982: Mr. Peterson cor�ected the spe111ng of "megahertz' on page 3; Ms. Hughes corrected the rords "lock-out" to lock-up on page 7�nd that the tast paragraph on page 7 should re�d '. .. Chairman Weaver stated that 1f the Commission is in agreement with something someone should make a motion on tt.' MOTION by Mr. Betgum, seconded by Ms. Hughes. tfl approve the minutes as corrected. UPON A VOICE VOTE. ALL YOTING AYE. YICE•CHAIRMAN PETERSON DECLARED THE lqTION CARRIED UNANIMOUSLY. �PPROVAL OF CATY �MMISSION MINUTES OF OCTOBER 14, 1982: Ms. Hughes carrected the word 'requlre' to •rewire• on page 3. tst paragraph and in the third parayraph, to change the rord •o�der' to •revtew.• MOTION by Mr. Belgum, seconded by Ms. Hugfies, to approve tfie �ninutes as corrected. UPON A YOICE YOTE. ALL YOTIKG AYE. YICE-CHAIRMAN PETERSON DECIARED iHE M07ION CARRIED UNANIMOUSIr. .■ 7A. CATY Advisory Co�aeatsston Meettn9 - Nove+++ber 9. 1982 Page 2 � DISCUSSION OF PROPOSEO GBIE A6REEMEMT: IM. Matz handed out a Memorandum d�afted by Mr. Herbst regardin� tome �ninor tha�yes 1n the documents and then reviewed the thanses tn the Franchise AQreement: �'aae 5, Paragraflh 3. Ltne 12 -� Strike remainder ot paragrapfi •fter aord •Melfare," and insert "Nothing contained i� this Agreement sf�all requi�e Sto�er table Communications to violate any �uie. �egulation or decision of the FCC or of �ny other state or federal angency or court Aaving �urisdiction. The City and Storer shall cooperate in seekin9 any necess�rr approv�ts or waivers f�om the FCC." Section 2.11 �9e� �10- - Add words at the end of the lest sentente "and does not inc ude any refundabTe deposits.` Section 3.018 11ne 10 - Strike words 'that Mhich shall provide the greatest benef t to C ty sha prevail as determined by the Ctty" and insert "this Agreement shall prevail.' Sectton 3.020, lest ltne - Strtke 'activated subscriber receivable." At this point. Mr. 8elgum asked �bout Minneapolls Aaving 110 thannels and F�idley having S4 channels. Mr. Matz what Mi�neapolis can support may not be feasible in Fridley. Ms. Bremer satd the flexible Mording wi11 •llow the City and the Company to be flexible; tAat this is just a �atniawm. Srction 3.04, line 3, �a9e 17 • Strikc "of" and insert "oti+ned by." Mr. Kaspszak asked about t�e subscriber contract being for 12 months and if it is automatically renewable. Mr. Matz said it ts only for 12 nwnths and Storer is in the process of re-writing some of those provisions. Ms. 6remer said they do not �ow have a time fran►e in the tontract. Mr. Matt explained t�at the language is �equired by the State G b1e Board. Section 4.08,_,paae 22. line 3- Strlkt •pirtitipate 1n" �nd tnsert 'negotiate.` Also strike "abide pjr City's requests for lnterconnection and sfiall. ..• Section 0.08, pa9e 23, line 1_ -�dd 'and �equired by Board regula tions" at the end of the last line to Section 4.�. Section 4.11, paqe 23. line 10 - Strike "at City's option, in �n order to" an0 insert 'in accordance with Section 7.07C, tn a reduction of.' llr. Belgum asked if the Company developed the techntcat stuff in Sectio� 4.10 a�d Mho �evised it. Mr. Matx said he and Nr, tterbst revised it and they compared it to the technical standards �ith the Korthwest Suburbs and they exceed FCC requirements. �Secti�n 7.02A, page 32 - At the end of thls tlause. insert 'City �g�ees to �naintain the confidentiality of this document.' There was �nuch discussion reyardin9 this additton and Ms. Hughes Manted this flagged for the Ctty Council. She felt tt ras not protected because tt is a federal report and because of the freedom of Information Act. Both Mr. 8eattie anG Mr. MatZ dis- •g�eed. Mr. 8eattle felt the info�mation contained in Form 326 is extremely pro- prietary information and of the utaast confidential nature and subject to �11 sorts of disclosure p�obtems; an ext�ea�e example is tndustrtal espiona9e. 7B CJITY Advisory Commtssion Meetino - November 9. 1982 Pace 3 Sectton 7.02D. page 34 - Mr. Mat= said the tompany has a toncern �egarding the ri9ht to 'copy' the cooks and records of Storer: Mr. Beattie sald they feel ve�y stron�ly �bout it and they Aave no problems 9ivin9 the C1ty and tts officers and Commission rfiat it needs but they don't believe the use of Form 326 �oes to un- li�aited copying and the Company wants to strike the words "and copy. Mr. Belgum �sked 1f this Kas an exceptional �equest �nd Ms. Bremer sald it Mas. At tAis time the Minnesota Statute Chapter 15 was discussed. Mr. Kaspszak asked what 1f he was not a a►ember of the Commission, could the Company �efuse him those �ecords. Mr. Beattie satd that is what they Mant because of the D�ta Privacy Act. Mr. Matz felt this was an lssue that tould not be resolved here. 'Mr. Kaspszak felt Mhat Mas being said ts that Commission members can have access to that information but the generai public cannot. Ms. Sremer said this is the only document the Company is asking protectton. Ms. Hughes felt Mr: Kaspszak had some good points and they should �eserve judgment on this. MOTION Dy Mr. Kaspszak. seconded by Mr. Be19um. to flag Section 7.02 �nd �.02D. pages 32 �nd 34 of the Franchise Agreement, to the City Council for their consi- deration. UPON A VOICE YOTE. ALL VOTING A1FE. YICE-CHAIRMAN PETERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Section B.OIA. Da9e 43, line 1- Strike "in all events." Mr. Kaspszak �sked Mhat would happen if t�e FCC ruled that special services (i.e. banktn9) will be removed from the definition of gross revenue in terms of a franchise, would the contract prevail. Mr. Matz said that would depend on the wording of the FCC actton and Section 13.038 would do the same thing as the �+ords "in a11 events.' Section 8.02E. �a9e 45. tine 4- Correct spellin9 of word "registered.' Section 9.01 a�ee 53 • Add �ew clause 'C. 6rantee reserves the �ight to collect a refundab e deposit on any and all converters." Section 10.02, page 56 - The last sentence shalt read •In the event City de- cides to purchase pursuant to this section. the price shail be the bona fide offe�.' Mr. Matz said this was changed as a matter of fairness to the Company. Section 10.03B, paQe 56 - This was stricken because of 10.02. Section 10.04A.2. a e 57 line 7- Strike "book value" to the end of sentence and i�sert "fair a►arket value not tnc udin9 the value of the F�anchise." Ms. Hughes thought this was another a�ea tAat was left open-ended and Mr. Matz felt tt was agreed upon at the last Negotiating Committee a�eetin9. Ms. Hughes wanted thts item fl agged for the tity Counctl. At this time, Ms. 6remer brcught up lhat Starer and Mr. Meuller have detided it wculd be reasonable to provide additional funQs for the City - s5,000 for access-related purposes - end this is in addition to the txistinq 55.697.00. Sn the spirit of con- cluding the negotiations. Mr. Kaspszak asked if Storer Mould continue tts policy of �+atching tt+e Morksfiop in its fundraiser. Ms. Bremer said they fiave no plans of thangin9 that. Mr. Moravetz suggested, in the sptrit of concluding negotiations, s5.000 per year of tfie franchise. Ms. 8remer said they Mere talking about s one- tiaie grant of =5.000. --- - 1_ . ---- - - - � % C . GITY Advi�ory Comoisston Meetin9 - Novaober 9. 1982 Paoe t Section 13.01. pa9e 63. itne 10 - St�tke the vords •or a chan9e of companies.' � Section 13.03B. page 64 - Shouid be deleted and the followi�9 i�serted; City o� Storer re9erves the right to terminate the Franchise and all �ights and privileges of the Franchise, if the.parties �nutually agree that �ny of the condi- ttons set forth in paragraph (A) constitute. at that ttme, a consideration material to the conttnuance of the Franchise. Such consent sha11 not be unreasonably Mithheld by either party. Any such termination rill occur only after following the procedures set forth in the franchise applicable to te�minatio�." At this time. Mr. Moravetz dtscussed the funds for the workshop (page 21). Mr. Matz satd they would prefer to see that go directly to the workshop rather than through the City because the FCC has a SX franchise fee ceiling and this would have to be included in that 5x and he thought the Company had a legitimate concern there. Ms. Hu hes asked if he meant that they should delete Doth of those (s5.000 and =5.697�. Mr. Belgum felt this issue should be clarified so they do �ot lose mo�ey througfi a technicality. Mr. Kaspszak felt this should be flagged for the Council. Ms. Hughes suggested that they put in langu�ge what the company is offerin9 ri9ht now and flag it to the Councll wlthout reconmendation. � Ms. Bremer stated, tn the spt�it of tlarification. regarding the s5,000 grant. that Mr. Mueller asked a direct question tf this Mas tied to the acceptance of the 'fair market value" language and that Mr. Mueller's agreement to provide �ddi- tlonal �noney is that he recognizes that local programmin9 ts the key to cable in Fridley and he is not buying the "fair market value" provtsion with this 9rant; these provisions are not tied together. Ms. Hughes �greed rith that. MOTION by Mr. Belgum� seconded by Ms. Hughes. to change the last paragraph tn Sectfion 4.04 of the Franchise Agreement. page 21. to �ead: "Storer furthe� agrees to provide to a non-profit torporation or corporations. designated by the City. the sum of s10.691.00 to be used for education and public access-related purposes only. UPON A VOICE VOTE, ALL YOTING AYE. YICE-CHAIRM{AN PETERSON OECLAREO THE MOTION CARRIEO UNANIMOUSLY. Section 7.05 Ma s a9e 35 - Mr. Matz said there was a question regardin9 �naps and said this wou d be a post upgrading map. Ms. Bremer suggested the words 'Upon completion of construction" �t the beginning of the sentence. Section 8.016. a e 43 - Mr. Matt asfced about a certification of revenue date and suggeste u9ust st. � _S_ection 13.O1A. Dace 63 - Mr. Moravetz felt a timetable shoul4 be given (i.e. to notify the City staff or Comnission within 30 days or a week. etc.j. Ms. Bremer asked if that would be covered by the 30-day provision. Mr. Matz suggested that Storer 9ive `reasonable notice " and to discuss this Mtth Ms. Bremer �t another time. Ms. Nughes said she had some reports trom !he Kegotiating Committee that ahe would like to �eview. She stated the major recommendation is that the franchise rould be a 5-year f�anchise and they would consider ea�ly renewai (after the service has proved operational). The RFP laid out specific initial requirements that Mere responded to by Storer Nith certain documents and those �esponses are tnctudea in the documents they call the franchise. The specifications of what they offer are in there and nost of that is transfer�ed into the Agreement tangua9e. 7D GITY Advisory Conroission Meettna - Novembe� 9, 1982 Paoe S --� She said the process take� to 9et around a S-year tr�nchise and 54•channel comnitment lead into a process Mhere they a�e 9oing to have a �ulti•pa�t f�anchise �+hicA inctudes the Franchise Ordinance. Rate Ordinance. f�anchtse Ag�eement. Statement of Commitment and various otfertngs and suDsc�iber to�t��ct. The ordinance and agreement have gone through several variations and as they �ave lookea •t the agreement drdwn by t�e attorneys. almost everytAin9 they have �ccepted appears in those agreements; there were only � few areas where they felt they had to negotiate. She stated they did get into a�ajo� discussions on service policies. buy-out provistons� the audit. the kind of testing the CitY requires. cortmitment to access and how state and federal and local laws appty. She said tt appears that everything got ctarified so that there a�e really was not a ma�or bone of contention except the audit certification and vair ma�ket value vs. book value and they could fon+ard some of these documents to the City Council. with ce�tain areas flagged. for the public hearin9 on Monday. November 15th. Rate Ordinance: Section 2.OlC. page 3- Strike •Any subscriber desi�ing a premium service �nust first subscribe to basic servite." and insert 'Servtte in City shall consist of basic service plus one (1) or mo�e premium services if selected by subscribe�." Mr. Matz said the Negotiating Committee fett very strong aDout this and they wanted to avoid marking premium servite independent of basic servite. Ms. Hughes said they felt it was essential to 9uarantee that se�vice. Section 2.O1D. paae 4, line 1- Insert '1' afte� "D" and before "The" and insert a �ew section 2.O1D.2. to read "2. Grantee rese�ves the �ight to collect a �efundable deposit on any and all tonverters.' Section 4.O1F.1., paae 11. iine 3- After 'rate" insert "for se�vice defined as 8asic Service. MOTION by Ms. Hughes to for�►ard the Rate Ordinance as amenaed to the City Council for t�ie Public Hearing on Monday. November 15. 1982. with our preliminary recomnendations. No second. Mr. Kaspszak felt there may pe some additional input at the public hearing that they may have missed and he woutd like to reserve action until after the public hea�ing. Mr. BeTgum asked Mr. Matz how many of the documents were �eady for forwarding and Mr. Matz felt they alt were �eady for fo nvarding. Mr. Betgum asked what the public hearing was to accomplish and Mr. Matz explained that it is a requirement of the Charter and to soticit any public lnput: !!r. Hunt said normally if there is a matter that has gone through the Commission. the City Council expects a �ecommendation and lhat it could be a quslified re- commendation. Ms. Hughes said she ras �ot sure� from the Negotiating Committee standpoint, that the touncil was expectln� a recommendation at this ttme. Mr. Belgum said he �+ould like to move that the Commission forward to the City Council, for purpose of use at the Pub11c Hearing, the franchise documents and his reason for making a motion would be that Mr. MatZ said the documents are ready fo� suDmission. Mr. 6elgum felt that Comission has contributed maximum effort but they are not �eady to recomnend all �t this point. Ks. Hughes said she was un- comfortable Mith that •nd Mr. Kaspszak said there ts no obligation that they have to �nake a recommendation. Mr. Peterson said he vas fairly happy Mith most of the documents but he was �ot ready to recortmend them. Ms. Hughes said they are being 7E CATV Advisory Commission Meetin9 - Noveiober 9. 1982 Pa9e 6 asked to recommend something for the public Aearin9. Mr. Hunt felt they Commission could �ot �ecortn►end for public hearing as the p�blic heari�g Mill 6e held anyway but there �re some things that coutd be �ecommended and the thin9s that are �ot recommended can be brought to the attention ot the City Council. Mr. Kaspszak brought up educational'�ccess and Ms. Hughes said they discussed the benefits for educationsl access in the franchlse and they decided not to do anything more than accept the company's offering in that regard. Mr. Kaspszek stated this was opposite to the Commission's point ot view. Ms. Hughes atated that the schools had �ot indicated they needed anything and the Negotiating Committee felt they could offer something whether or not they needed it and they chose not to �ake an issue of that. Mr. Kaspszak said he is favor of granting the franchise. but not necessarily in favor of the documents. Ms. Hughes said other commissions pass things along with stipulations and the Negotiating Committee is �ot lnter- ested in rushing this process and is willing to let it ride for a while until they can get the Commission decisions. Mr. Moravetz said the recommendations of the Negotiating Committee are found in these documents and the Commission has had these documents for�several weeks except for some �inor �evisions. Mr. Matz suggested that the Cortmission could recommend these documents Mith certain stipu- lations which would at least provide the Council with some 9uidance or they could schedule another �eeting next week. Mr. Kaspszak said he was personally in favor of postponing the public hearing. Ms. Hughes said the Council has to do tAat �nd suggested the Commission go back throu9h a11 the documents. Mr. Peterson questioned the access time on page 30 of the O�dinance and Mr. Matt said that it is �equired State Cable Board language. Ms. Breme� satd in the offering they indicate that air time. studio time. equipment usage. staff. Mill be available free of charge for access users �nd it does have the force of law. Mr. Matz said the Company is required to adopt the rules �egarding use of atcess channels and they have to be filed with the City and State Cable Board and they woutd encompass what Mr. Peterson is conce�ned about. Mr. K,aspszak said he would De co�nfortablt with a p�eliminary recommenQation and to have one aiore Cortmtsston meetin9 for additions and detetions and • vote. MOTION by M�. Kasps2ak. seconded by Mr. 6elgum, that the CATY Advisory Commission s�alTsubmit t�e franchise proposal documents. Nith their preliminary �ecortmenda- tion for approval, to the City Council for their review and for pu�poses of review at the Public Nearing on November 15, 1982. UPON A VOICE VOTE. ALL YOTING AYE, YICE-CHAIRMAN PETERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. At this time. l�s. Hughes asked for a roll ca11: Present - Ouane Peterson, Sarbara Hughes. Harold Belgum and Ed Kaspszak; Absent - Burt Meaver. Mr. 6eattte suggested that Commission members make their comnents at the public hearing and the Council could address concerns of indiridual Comnisston �nembers at that time. M�. 6elyum invited Commission members to submtt thet� comme�ts i� writing. Mr. Moravetz said he anttcipated the first reading of the renewal on the 22nd of NovemDer and tht Commission could have final recommendations to the Council prior to the first reading on the 22nd. Mr. Matz said it is also possible that the first readin9 could be the ni9ht of the public hearing. Ms. Nughes s�1d s�e Mould like to note in the ninutes the �reas that �re flagged for the Council: Page 21 of Agreement - langua9e changes regarding =10.697 and access; page 32 - additional language about �tntat�i�9 the conftdentiatity ot the fCC fona 326 is of concern; page S7 - fair oarket value rs. book value. 7F CATV Advisory Commission Meetin9 - Noveober 9. 1982 Page 7 Ms. Nughes had another item she Mouid like conveyed to the Council -- there is a toncern among the Conmission �,embers over the lack of provisions for 9reater educational access hetp not p�ovided in the documents and that the Council �nay vish to address Lhis issue. Mr. Moravetz urged all Commission �embers to �ttend the public hearin9. The date for the next Commission meeting was set for Thursday. November 18� 1982 at 7:30 p.a�. and the Comnission members are to have their v+ritten tomments at that tiiae. Mr. Hunt said Section 13.02. pn9e 63. Agreement. is the only thing that has not been spelled out and there Mill be an attempt to have all the documents in proper form before the hearing (with all the torrections). Mr. Hunt said they Mitl get them to the Commission members �t the same time they get them to the Council. ADJOURNMENT: MOTJON by Mr. Kaspszak. seconded by Mr. Belgum, to adjourn. UPON A V010E VOTE. All YOTING AYE, YICE-CHAIRMAN PETERSON OECLARED THE CATV ADYISORY COMMISSION MEETING AOJOURNEO AT 10:05 P.M. � Respectfuily submitted. Deb Nitnik� Recording Secretary CIVIL SERVICE COI�lISSION MEETING February l, 1982 5:00 p.m. PRESENT: Jean Schell, John Hinsverk, Liz Kahnk, Public Safety Director James Hill Jim Hill informed members that the February 1 meeting is required to elect officers of the Commission. He introduced new Commission member John Hinsverk, who replaces Ed Hammernick. Jean Schell then called the meeting to order. . MOTION: That the minutes of the March, 1981 and November, 1981 meetings be approved. Seconded and passed unanimously. MOTION: That Jean Schell be elected President; Liz Kahnk be electeri Secretary. Seconded and passed unanimously. Jean noted that Officer David Sallman had been voted Police Officer of the Year and suggested the Commission send him a congratulatory letter. Liz was asked to prepare-the letter. Jim reported on the status of the lists of names the Commission had previously certified. Iie will inform members when another meeting is needed to certify a new list. MoTION: That the meeting be adjourned. Seconded and passed unanimously. Resp�tf y ubmitted, � �� Liz nk Secretary : � CYVIL SERVICE COI`II�lISSION I�ETING _ ' August 9, 198Z 5:30 p.m. PRESENT: John Hinsverk� Liz Kahnk, Public Safety Director Jaanes Hill In the absence of Jean Schell, President, Lis Kahnk chaired the meeting. l. Approval of February 1, 1982 minutee MOTION: That the minutes be approved ae mailed. Seconded and passed. 2. Candidate liat Jim Hill presented a list of three persons and aeked the Commission to approve certifying that list. After discusaion, the following motion Was made: MOTION: That the iequeat to approve and cettify the police officer candidate list, as preaented, be accepted. Seconded and passed. 3. Amendment to Commission Rulea b Re ug lations Jim Hill presented for coneideration an amendment to Section 17, Subd (b), Retirement. Ae a change in the rules end regulations requires a unanimous vote of approval, members present diacussed the propoaal, indicated their intent of approval, and aeked that the matter be put on the next meeting agenda of the Commission for a vote. 4. Promotional exam Jim Hill steted the last list for promotions vas generated in June of 1980. It was agreed that it vould be vell to update this listing, and Jim vill check into the cost of corducting the process through an aesessment method, such as was used last time. 4. Adjouinment MOTION: That the aeeting be adjouzned. Seconded ard passed. Re� tf y ubmitted, � ��L n , Secretary . , . � ,• � FRIDLEY POLICE CIVIL SERVICE COMMISSION MEETING September 8, 1982 5:30 P.M. PRESENT: John Hinsverk, Jean Schell, Public Safety Director Jim Hill In the absencg of Liz Kahnk. Secretary, President Jean Schell served as acting secretary. 1. Approval of August 9, 1982 minutes TfOTION: That the minutes be approved as mailed. Seconded and passed. 2. Candidate list D10TION: That Stephen Eugene Miller be certified and added to the candidate list. Seconded and passed. 3. Amendment to Commission Rules and Regulations MOTION: That Section 17 RETIREMENT, Subd. (b) be amended to read "Retirement shall also be required when an employee is unable to meet minimal job-related health standards as determined by medical or psychological examination. This section shall not apply to discharge hearings under Section 15 of Fridley Police Civil Service Commission Rules and Regulations." Seconded and passed. 4. Promotional Exam MOTION: To approve authorizing the P�blic Safety Director to proceed with the details of providing a promotional examination utilizing the assessment center method offered by Personnel Performance Inc., Los Gatos, California. The promotional examination will be for the classifications of Police Corporal and Police Sergeant. The basic requirements of the examination will be a current Police Officer or Police Corporal with the Fridley Police Department with at least one year's � s �. ,. 0 S. continuous service to participate in the assessment center. In addition, an officer will be required to have two years of continuous service at the time of promotional consideration for Police Corporal and three years of continuous service at the time of promotional consideration for Police Sergeant. The Public Safety Director is directed to draft the details of the assessment center for approval by individual members of the Civil Service Commission prior to release. Motion seconded and passed. Adjournment The meeting was adjourned at S:SS P.M. Respectfully submitted, Jean Schell, President -'� o��� ,� �f 8C � � � FRIDLEY YOLICE CIVIL SERVICE COI�iISSION NEETING November 29, �982 5:30 p.s. PRESENT: John Hinsverk, Liz Kahnk, Jein Schell, Public Safety Director Jim Hill l. Approval of September 8. 1982 minute� MOTION: That the minutes be appzoved aa mailed. Seconded and passed. 2. Candidate liet Public Safety Director Hill referred Commisaion �embers to the October/November 1982 Candidate liat vhich had beea mailed to them. MOTION: To accept to certify the top three candidates - Ronald Frederick Rischmiller� Jamee Russell Smith, , and Russell James Johnaon - from the candidate list. Se�onded and passed. 3. Cammission members noted the Supzeme Court decision dated November 8 concezning the appeal of David Younkin. 4. Correapondence .regarding the case of Rent M. Blum vs Fridley Police Civil Service Co�issioa was revieved. S. Public Safety Director Hill updated Co�mmiasion membet• on the Police Corporal and Police Sergeant promotional acam. 6. MOTION: That the meeting be adjourned. Seconded and passed. The meetiag adjourned at 6:00 p.m. RespecCfull su i�ed, � , . 1 �� L� �thnk, Secretary �' 1 �' CITY OF FRIDLEY NEt�'.ORANDUM T0: NASIti M. QURESHI. CITY �4ANAGER FROM: SID INMAN, DIRECTOR OF CENTRAL SERYICES SUBJECT: COUNCIL APPROVAL OF SUREiY BOND AMOUNTS FOR THE FIRE RELIEF ASSOCIATION SECRETARY AND TREASURER DATE: FEBRUARY 13, 1982 During the 1980 Audit of the Fridley Volvnteer Fire Relief Association, the Auditor pointed out that a requirement in the Association By-Laws, Article I, Section 3, stated that the Secretary "shall furnish a surety bond to be approved by the City Council in an amount specified by them." Section 4 states that the Treasurer "shall prior to entering upon the duties of his or her office give a good and sufficient surety bond in an amount as set by the Board of Trustees and approved by the City Council." State Statutes, Chapters 424.06 and 69.3 which covers Relief Associations specifies the bond requirement and authorized the Association to determine the Bond amounts. The current Bond amounts were set by the Board. The amounts were recocrmended by the State Relief Association Secretary after his revier� of the Relief Associations internal dispersement procedures. SCI:sh __._._ tlnie.d Sbtis Fie. imur.+a Coniorir . MarnationN Imur.no. Canvr�r w Ne.. ro�c taoan�► An n�;�a. cav«n�a+ NORit O�t�ot: �Mw YOrk. N. r. MOrne O�fwt: C�K�/o. IIIuWit N4tmMstn Fire Inwr� Coinp�l ?re NwtA RivN Inwnnot Con�p�np A NeNr �oA� CaOw�tan A Ne..knw CaOa�tan Ibnr O���oe. Nw rorh. N. �►. Ibn�e ONwe: TownNiP of Moni. N. J. CJIlJM � fORSTER /NSIJRAMCE COMtANlfS /►pMINISTaATIVE OFi10E5. Madno� A,rerwe �t C���e1a 1lod. Ma�i►to+�. N�r JwsM OfF1C1AL lOND �� �. 615 0058?6 9R KNOW ALL MEN BY THESE PRESENTS, Thai we T�r"°� Sge� O� FridleY in che Stsce o�Minnesota __ .s Pr�nc�pai, a�d The North River InsurB!'�Ce COmU81'lY ,• corporation a desipnsted sbove �nd auMo►i:ed to become wle :urety on bond: in the Stite ot�ti rLn cntg , as Surety, art held and firmly bound unto �'!"? �� py Vel �n . r �irefighters Relief Associa iQn �n me Sta�e ot.�Iinnesote. , in the full �nd just:um o� 1en '�'nou5ai�a ana riviivv -- --- -- �s 10 , 000. 00 j Oollar:, lawiul money of Me United States, tor p�yment of which wrll and truty to be mad�. we bind ourselves. our hein. executon. �dministrators. wooessor: and auiyn:, jointly a�d seve�atly, fimnly by these pnsents. SIGNED AND SEALEO this nd d�y of Nove ber _ A.D. 19� WHEREAS.thesaid TAmP� c��rkt� Ann�i n.�±? t� t1� office of�'reas�rer Iys been duly,_.=� fpr � term of, one yeus be9inninp on the l�th daYQ o?t_ Dec ember 1 2, md e�dinq on the 13th �Y Of T1PnPfll�lei �9yZ,�• NOW, THEREFORE, THE CONDITfON of THE ABOVE OBLIGATION IS SUCH, thst if sl�e sbove bounden J am e s _ �apfkP � :hall, durinp the atoressid term, fsitMully u►d truly perform all the duties of his oHia snd sh�ll p�y over �nd sco4unt tor all fu�ds cominp into his hands by virtue of his aid oNia of ST@8S11T@T as required by Iaw, then t�is obli�tion to be void, othernrise to be �+d remsin in tull fora and vinue. IN WtTNESS WHEREOF, the ssid Printipal hss hereunto sct his hsnd s�+d seal, •�d cne a�a �he North River , Tns �? rAn�P rom�8t'l�V hss cwsed these presents to be si9ned by its omeyin•fsct, the dsy yesr tirst abo�e written. J s Saef '� Gf {SEAL1 ir,e u.,r+ti u�.,or Tnsurance Com�anv STATE OF By oouNnr oF Q' �"" e Ann Borth, At orney-in-fact Bsiore me, Mis �� day of �"�"� A.O. 19� pe�sa+atly aPPe�red the s�id �J A w► f S .�S �4 f T K� , to me known �nd known to me to be the individual destribed i� and who txecut�d the Iorepoinp bond, snd he seknawledpsd to ms thst he executed tM ssn�. ���� � l�� � * M�nn^^n^ 5„v+F r��yP 1�^ < �� � �G '' ' `� res ; 2's.1��� � ��Y ^M�-�-.. :si.- Exr s _____ Unibd Ststes Fire Inw►�noe Cqnp�nY A Ne.. vak Cavaaw� Non�e Wl�a: Nrw Ya4, N. �. {ntemstionit inwr�na Compsny A•� Il��non Cn.ypat�M+ 11o�nc pfhce. Ch�t�qu, Ilhrw.� Wattl�te� Fi►e Imur�noe Canp�ny The Nath Rwer Inwr�noe Comp�n� A New Ya� Capaauon A N�w Jerxr Capr+t�on Mome Qll�ae• New Vnrk, N. Y. M:�en� M��ce Towna►np o1 Ma�n. N J CRU� S fORSTfR /NCNRANCf COMPAN/fS AOM�NISTNATIVE O�i1t,E5 Mad.t�� A.e�� n a� Ga���eM II�.nA, MewrrstOwn. New Je/r� OFFICIAL 90ND Bond No.615 ��5�77 9B KNnW ALL MEN BY THESE PRESENTS, Th�t we David Skirka o� �`ridley in t►+e State ot Mi11neSOtEt �s Princ�pal, s�a The North River Zr.sur�nce COA}p8t1Y , s corporation ss designsted sbove snd suthorized to become sole surety on hon�fs m the Stat• ot Minriesota , ss Su�ety, a�e held s�d tirmly bound unto FY'idl@y VO�.t1RLEEI' in the State oi M� nnesot8 , in the iull and just sum of Ve housand 8t1 J30 -------_IS �� 000.00 1 Oollars, Iswiul money oi the United States, for psyment oi which well and truly to be msde, we bind ourcelves, our he�rs, executors, �dmin�str�tors, successors snd sssigns, jointly snd seve�a�ly, firmly by these presents. SIGNED AND SEALEO this 2nd day of November q.p. �g82 WHEREAS, the sa�d TZavid Skirka. has been duly _$Dnointed to the oftiu oi Secretarv tor s term ot one vears beg�r,n��� on tne l�th da oi Deeember tg �s�d er+d��� o� ine l�th �y of ner_ember �g�, NOW, THEREFORE, THE CONDITION of THE ABOVE OBLIGATION IS SUCH, that if the sbove bounden _De.vid Skirka shall, during the sioresaid term, faithfully and truly perform all the dut�es of his o�f�ce snd shsll pay over and arcount for all funds cominp into his hands by virtue of his s�d offia of Seeretary ss required by taw, then this obligation to be void, otherwise to be and remain in fu�l force and virtue. IN WITNESS WHEREOf, the said Principal has he►eunto set his hand and seal, a�d tne ss�a The North River „Snc ��ran�e r.�m= an� hss caused these presents to be siyned by iu t��+e�ik-f ��he day and year tirst above written. L � __ ISF.A1.► ThP North Ri v� Tnsur nce.�ApAt1V, STATE OF ���,�a_ � ss.: . By . COUNTY OF .'qicl�'KA . • e Ann Borth, Attorney-in-fact Beinre me this �� dsy of /VOVE�hdf� A.O. 19 °� personallY appeared the saia ��C'[' r'�'� — � , to me known �nd known to me to be the individual described in snd wh� execut the toregoing bond, snd he acknowledged to me that he executed the sa �" ��1 ■ M�MMMr�l: enn, n •,i • • . . . •�1AM s � ;� C' ��. V. A!0°A /�T2 � fOTA?[ F;►CUC - 1c;�MESOT� A:10KA CCUNIY � :', °-�►m�ssa:. E:p+rnl�n.07,1lff . rv�v: . . . s FM 203.0.45 t14721 ��.�.A?.�r►. : - � t',j r �, _ �� , POLICE DEPARTMENT City of Fridley Minnesota DATE DECEMBER 7, 1982 FROM PUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT ANIMAL CONTROL CONTRACT - 1983 10 MEMORANDUM TO ACTION INFO NASIM QURESHI, CITY MANAGER X Enclosed is the negotiated animal control contract with MAPSI for 1983. It is my recommendation that City Council approve the contract as negotiated. The contract was negotiated with Mr. Frank Pucci, Manager of MAPSI who is a court appointed receiver of MAPSI and former mayor of St. Louis Park. COST FACTORS: a. Base fee for administrative services is a new cost for 1983 in the amount of $100 per month. This fee has been negotiated down from a request of $150 per month. b. Patrol service, $14.00 per hour was negotiated down from a request of $16.50 per hour and represents an increase.of $2.00 per hour over 1982 rates. _- c. a. Boarding, $5.00 per 24 hours represents an increase of $1.00 over 1982 rates. Destroying, $7.00 per animal represents an increase of $1.00 over 1982 rates. e. Special call outs, $14.00 per call, negotiated down from a request of $16.50. This represents an increase of $3.00 over 1982 rates. SALIENT POINTS: 1. Animal contract bids were not sought since MAPSI is the only known area contract service that provide the services required by the city. 10 A Memorandum To: Nasim Qureshi, City Manager Date: December 7, 1982 Paqe �2 2. Alternatives to animal control in Anoka County are currently under study. The MAPSI contract can be canceled within 30 days should a more cost effective system be developed. 3. Despite the significant increase for 1983, the negotiated rates are below those being proposed to other comparable sized communities at this time by MAPSI. 4. The increase can be funded in the 1983 animal control budget by reducing the number of patrol hours, if necessary. 5. The 1982 animal control budget is $16,592. The 1982 estimated expenditure is $12,000 due to a reduction in patrol hours to accommodate state aid shortfalls. The 1983 proposed contract reflects approximately a$3,000 increase or 25�. � �, �1n .OI O.� � I� II . � a� 506 11th Avenue No�th Min�eapolis, Mi�nesota 55411 Contract Animal Patrol Service tor Municipatities (612) 339�6669 Dear t:a.yor and Council �iembers, December 1. 1932 Attn: City i:anager I a� writing to infor�: you that 1,�APSI has under�one an ownership and management change. We believe we can now better serve the animal coatrol need of your couununity. Past managenent was beset with extrec:e increases in overhead and hampered with the inability to raise capital tnrough contract increases or other sources to meet these rapidly escallating costs. T�e :4APSI facility was completely renovated in �p72, and a new addition built in 1976. i�e are presently refreslYin� t�e entire facility includins physical and oecnanical enl�ancec.ents.. ��e will be instituting a new higher wage scale that we feel will increase the productivity and professionalis�n of the :riAPSI employ- ees. ��e will be purchasing a new fleet of trucks and updating our two-way radio equipment. These changes, a new capital base and new manage�ent philosophy will, we feel, accor_�odate our business needs aad allow us to serve your community needs in a more effecient and professional ma.nner. 1Fe are enclosing copies of our proposed 1983, contract for animal control service. You will note a new category in the contract entitled Base Fee for Administrative Services. It is necessary to add this category to our schedule of char�es. As I mentioned before, the expenses of the animal control business have greatly outpaced the income; re�retfully, this is a necessary additional charge. Please execute the enclosed contract and return it to me before December 31, 1982. If you have any questions about the contract or suggestions on how we may improve our service to S•our comc�unity, please contact me. I will be glaci to �ersonally visit your city and go over the contract and our proceedures. Thank you. Si cer y Frank Pu Manager enclosures 10 g 10 C ANIMAL CONTROL CONTRACT This agreement made this day of � by and between MAPSI Inc., a Minnesota Corporation, hereinafter referred to as NLAPSI and the City of Fridley, a Municipal Corporation located in the County of Anoka, and the State of Minnesota, hereinafter referred to as City, witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties as follows: 1. This agreement shall be effective as of January 1, 1983 and shall continue in effect until December 31, 1983 unless cancelled pursuant to Paragraph 15. 2. MAPSI agrees to patrol the public street of the City in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. 3, t�IAPSI agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be approved by the City Manager at the City's re�uest. Employees shall be authorized by the City to apprehend and retain dogs, cats, and other animals, which are in violation of the City Ordinance. However, MAPSI will not invade the private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a regular officer of the City. 4. The City reserves the right to reschedule or alter the number of hours for street patrol duty. MAPSI agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the City's Police Department. 5. MAPSI represents and agrees that all animals impounded shall be kept at MAPSI housed at 506 - llth Avenue North, Minneagolis, Minnesota, and MAPSI agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the City Ordinance. MP,PSI agrees that the pound facilities shall be open and available to reclaim animals from 8:00 a.m. to 7:00 p.m. t�ondays through Saturdays, and from 1:00 p.m. to 5:00 p.m. on Sundays and Holidays. 6. At the time that an animal impounded under this contract is reclaimed, MAPSI or its agent shall collect the impounding fee of $10.00 on all animals including dogs, except dogs coithout a Animal Control Contract Page �2 lOD current dog license, in which case the impoundinq fee is $20.00. License fee and boarding charges shall be as provided by City Ordinance of this contract. MAPSI shall furnish monthly reports to the City as required as to the service or services rendered in connection with each animal impounded. All impounding fees, license fees and any other penalty fees collected by MAPSI or its agent shall be remitted to the City. 7. In the event an animal impounded and boarded by order of the City Health Officer or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such oeriod, the City releases all of its interests, right and control over said animals which may then be disposed of at the discretion of MAPSI. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) days, they shall become the property of MAPSI and may be disposed of or sold at their discretion. All proceeds from the disposition of suc?� animals may be retained by MAPSI, including any proceeds received from any animals disposed of in accordance to Minnesota Statutes 35.71. 8. The City shall furnish to MAPSI all license forms, pound receipts and license tags as specified in the Ordinance and MAPSI shall keep records of all animals impounded together with a description of the same. 9. MAPSI shall furnish all vehicles with two way radios and/or other communication equipment and agrees to service and maintain said equipment. 10. MAPSI shall assume liability for all harm to animals due to its negligence or that of its agents in not properly caring for the . same, and agrees to defend any lawsuits arising therefrom. MAPSI shall defend, indemnify and hold the City harmless including its officers, employees, or agents from any and all claims, suits, losses, damages, or expenses on account of bodily injuries, sickness,�disease, death and property damage including injury to animals and the result of, or alleged to be the result of the animal patrol service operation. Upon request, MAPSI shall provide the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $100,000 per each claimant and $300,000 per occurrence. 11. MAPSI agrees that during the period of this contract it will not• within the State of Minnesota, discriminate against any employee or aplicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision 10 E Animal Control Contract Page #3 in all subcontracts entered into for the performance hereof. This paragraph is inserted in this contract to comply with the provisions of Minnesota Statutes 181.59. 12. The City agrees to pay MAPSI for services in the performance of this contract as follows: a. Base fee for Administrative Services (per month) $ 100.00 b. Price per hour per ambulance for furnishing Patrol Ambulance for scheduled patrol, (actual time in service for the City) $ 14.00 c. Price for each 24 hours or fraction thereof for boarding any species of animal impounded by direction of Cit,y officials or local ordinance. $ 5.00 d. Price per each animal for destroying dogs or cats $ 7.00 e. Price per hour per ambulance for service during other than scheduled or regular working hours including travel time (Special Service). Minimum call, one hour $ 14.00 13. All payments shall be made by the City upon receipt of monthly statements of MAPSI. . 14. MAPSI agrees to provide veterinary services to impounded animals as needed at no cost to the city. 15. Either party hereto may cancel this contract within thirty (30) days written notice thereof to the other party. Animal Control Contract Page �4 Witness Witness Witness MAPSI BY: CITY OF FRIDLEY, MN. BY : Mayor BY: Manager 10 F MEMORANDUM 11 CRY OF RRIDLEY OFFICE OF TME CITY MANAGEA 0 5431 UNlYERBIT�/ AVE. NE. NAS:M M. CiUAESHt iAlOLEY. MN. 6643� �612� 671•94lSO MEMO T0: fROM: SUBJECT: December 16, 1982 THE HONORABLE MAYOR AND CITY COUNCIL CITY MANAGER PROPERTY-CASUALTY INSURANCE AND RISK MANAGEMENT SERVICE BIDS FOR THE CITY OF FRIDLEY During 1982 the City staff has been undertaking a comprehensive review of our risk management procedures. Jim Hill, Sid Inman, Bill Hunt and Tony Roach have served on a special task force for this purpose. The City has contracted with Control Data Business Advisers, Inc. through David Evert, and CDBA has engaged Andrew Whitman, Ph.D., J.D. as a special consultant. Dr. Whitman has assisted the City staff in drawing up bid specifications for the insurance package and evaluating the bids received. In 1982 the premium for all property and casualty insurance for the City of Fridley was �244,184. The following bids have been received for 1983: � � Agenc•� Rice Creek Transcontinental T.C. Field (Kelly Premium �116,527 a169,689 �199,477 a�12,0�2 Pub]ic Officials and Police Liability onlyj It is the recommendation of City staff that the insurance contract be awarded to Transcontinental Brokers for a11 coverages, contingent upon final submission of documents which will not materially affect the bid amount. This will amount to a savings of �14,495 over the premium for 1982. . NMQ/WCN/ms Ci?Y Of FRJDI.Er �ID pOTICE tor PACKJIGE PROPERTY AND GSUALTY INSURAMCE EXHIBIT 'A" The C1ty Countil of the City Of fridley. Minnesot� M111 �ttept se�led pids tor P�ckage P�operty.•nd Casuality lnsur�nce. Such pids M111 be received py t�e Ctty Manger's Ofiice no later than December 8. 1982 until 10:00 A.M. on • the seid date •t the F�idley City 11�11. 6431 Universlty Avenue Nort�east. fridley. Minnesota; Telephone 571-3150. TAe City reserves the �i9ht to reject �ny �ids and to raive ary► irre9ularities Or infonaalities in tAe piddin�. The tity hcpes to naintain a lon9 te� rel�tionsAip �ith the successful bidder an0 to �vo14 suDjettin9 tAe pro9r�m to trequent Didding. Mhile there t�n be no 9uarantee of subsequent renewals. the City �as a long-r�n9e interest in �naintainin9 tAe tontinuity of services p�ovided by �9ents •nd insurers. The City sAall gtve the successtut proposer first refusal on renewal for three years atter awerd. The City �eserves the ri�ht to accept the ptd M�ich is detern+ined to pe in the Dest interests of the tity. TAe City reserves tAe �i9ht to �eject any and �il D10s and Maive ind inforn�alities or tecAnic�litles in any pia �eceived wtthout expl�nation. Copies of the specifications and gener�l conditions iroy De examined tn the office ot the City Manger, or copies eay De obteined from this officc. T�ese specifications �re desi9ned to encourage quotcs for Insurance coverage •nd risk management se�vices. Consideratton will be �tven to the quality ana scope of covera9es. se�vices �nd cost. All bids �nust be submitted in sealed envelopes •n0 pl�inly nrarked on the outside wit� "PACKAGE PROPER7Y AND CASUAL1T11 INSURANCE". PU6LISH: fridley Sun November 3. 1982 November 10. 1982 November 17. 1982 : 1�lASIM QURESHI Ctty Mana�er 11 A v u c V � N c !► �+ � 4 � N rn u 1 � M � L r�°- a L d � ` � � � L d 1 M M � � Y � o� �� � �, �— o - u :+ ^ � � � W N � Y � Y � � �� o- u o+ � f. N J � M M C O� � t� 1p d � C N � H� .1C L � u - u ��� N � N � � ' �� a � a,a� �� N N � �+ � � N c�a � � �+ ` O � d � � C �p Z � � M~ O N J� � O d O � � N N � � .+ i. � g � s. o Q `� � Z5 -o � o"� ��g ��. e, — � ou�n N ~ � tA �J `r � � C �.�i C O C � � f� O � O v� � �p " N�u N N� O a y=� N= � N O O� �. O � J � M . a+ v o � o `v�oo�°nm �= .�.�n v °o�°o°�.o.+� y� C�NNM C � C N � ♦ ♦ �„� � y M ` �w N � � Q J C �� N O hz �_ M � 4 uo w°o e a ' 0 � uoo L � w � d v •6- � 11 B � w L V i s .. _ � � � ` 0 u '" C N � v w L a � u � �N d N ` � � O �C �+ � N N O O � N �v � M A � - u � ~ C � �► E .. � C C �' � M ~ y �C V O V L O N �0 ` � � w � Q 1�p N �O 7 s � .o�A N o N �! N 1-� V O A � O C � 0 � N M O = � AAO � � O u�c�o��— - ���� �^� � � N �+ C a/► ? � � �1 NQ�v NQ N 1.i N C O � � ~ � O ��� � � w C � � N �qH V V► L O w � A ^ C E � r � 4 � �� �� � �� � .� g A �� s �n o ,°p � r� i . �w0 O � N Nf N O �- �► q o d d v � • 11 •• I '•'�1. H' 1 "�• �N 1� 1�' ?.�• �?r.7 I',�' ':♦ 1 ••.+Y:: y1•1: : �� a. ; .�Y1, �1 �,.. ]I � . Collins Flectric M.J.B. Electric Contractas � A'k�Y Gapher Flectric Contractas Structural Contractars Conservati� Sj�stens, Inc. Ridgedale Electric Bof fman Electr ic Electric Service Campany Killmer Electric Campany Electric Repair Berg Electric 5300,424.00 $293,670.00 8321,08�.00 8315,678.00 5341,180.00 5324,830.00 8324,367.75 5319,419.00 8338,000.00 5349,200.00 5355,000.00 �344,000.00 5248,076.00 5253,670.00 5258,38�.00 5265,678.00 8275,157.00 $Z75,330.00 �27 8, 353 .00 5281,57 8.00 5286,500.00 �293,300.00 5300,000.00 5319,000.00 The bid submitted by Bacon Electric is not being considered since they failed to submit a 8id Bond as required in the advertisement and Bid documents. JGF/mc 13 crri ap �a� lIBMOA111D011 'mt 8�Y C. II�N� DIRDCt'O�t OF �L SEE�VICL'S FiiQ+ls Tf�1Y I�O�AL:H� BIIDG�T �TBiCi. ASSLSTAt�Tr SUB�JDCT s!!E.'�OPOLI'rAN I�SPdt' S G[�JP �AZE: DDC�IIt 14, 198� As you know, the pnst few months I have been attending meetings of the Metrapolitan Loser's Group. Rfie wrrent objective o� thfs group is to change the State Aid Formula. I have attached a o�py of a memo from Hank Sinda of Savage where he discusses the directi� the group is i�eaded. I have also attad�ed another meno fran Mr. Sinda asking for a 5100 8onation frcm eadi City to oover exper►ses. It is my feeling that this woul� be money well spent since the praposeci chan9e in the State Afd Formule Would mean a uare equitable aistribution for the City o� FridleY. �e third attactunent is a resolution for the Council's consideration. This resolution supports changes in the State Aid Formula. The Metropolftan Loser's Grovp is attem�ting to get many cities to pass this resolution as a atarting position for negotiation with the Legislature. Q�anging the prese�t method of distributing State P►id to a straic,�t per-ca ita ► Sl 425 7u41ito 52,053h600.chThisachangeewouldcequate 9to 5661permcaPfta as va�ared to the actual 547.21. . If yau have ar�y questions or need any m�re background infornation, please feel fsee to oontact me. 'II'i/bd i�closures �/O✓4/12 R�ia[�l I�D. � — 1982 � �:. � �. � -� • •.:-. . - .: �. � �� . •. � iiAEREAS, Minnesota state local government aid to cities Mas originally distributed on a per capita besisj and �, �e current state aid distribution is not equitable in that some cities receive as mucfi as 5122.95 per capita, and other cities receive as little as 511.6I per capita= and i�RFAS, the State Revenue Department report ind.icates that '90 peroent o� the inequities are caused by the grandfather clause, anci the present fornwla fails to achieve the purpcse of equity� and Wf�RFAS, the following revenue sharing mechanis�ns, �1hi� n�ny be duplicative o�f state aid, are also available and assist fn aehieving equity: (a) Gas tax for cities wer 5000 populationf (b) Fiscal disparitiest (c) Metropolitar► Ztansit Camnission= (d) Federa] aid entitlen�ta� �e) b�ecial local tax�es. I�Dw, �1gtEF�ORE, BE IT RFSCt.VID ti�at the City c� iYidley strongly requests and supports ciianges in the state aid formula. BE IT F�7!'t'I�IfR RFSCLVF� that the City of Fridley specifically supports/requests changes that will acoas�plish the follawing: ta) Pravide for equitable f�d distritiutionf (b) Include no grandfather clausef ic) Provide for periodic review arrd adjustment to assure the goal o� equity. (d) Include no inoentive for sper�ding. �e) Provide for distribution on a per capita basis, wfth cities receiving a lessor aisbursement tas the result of a change in etate aid f ormula� given the vptionlauthority to raise a one peraent ilt) sales tax. pASSID At�ID AD�PI'm BY Z�iE CITY Q7IJNCII� OF Z43E CITY OF FRID�L�EY ZiiIS ..�� I�AY OF �..�..��r 1982. i�TB�LIAM J. I�E - MAY�It � �h SY<Y�� Y• ji�['YY� � �jj YY�, vvsn� 13 A 13� � � .` Tp; Metropolitan Losers' Group and Associatio�n of Small Cities � DATE: December 1, 1982 �; League of Minnesota Cities State Aid Legislative Policy The Metropolitan Losers' Group and the Association of Small Cities have been �orking through theo���G=tchangesethat i1lLmakeethe Minnesota Cities to gain supp state aid formula IDore equitable. The lobbying efforts of the League of Minnesota Cities would be vital in gaining the necessary legislative changes. The issue has been raised and acted upon by the Revenue Resource CoIIanittee. By a vote of 14 to 6, this comnittee reco�ended that the state aid formula be changed. Several options. based on per capita and ecisioneas toehowethewformula should betchanged.unable to reach a d The recomflendation of the Revenue Resource Committee. to change the state sid fozmula, was then forwarded to the League of Minnesota Cities Board of Directors. At this level the committee decision �as reversed. and the existing LMC policy was stressed--no legislative change is to be considered vntil it has been first reviewed and approved by the League. It appears that the board decision was based. not so much on the �erits of the recom�ended change. but on the issue itself. From the viewpoint of inembers of the board, the matter is too hot. too volatile� and a delve into change threatens to aplit the League of Minnesota Cities. This� they feel, vould be detrimental to all cities. The issue will be brought to the Lea gue of Minnesota �eipurposeslative conference to be held January 2b.ral8�embershiPBto�change or ratify of the conference is for the gene P the recoc�mendations of the Board of Directors. Without question the existfn state aid fu�ilforsaichangeathat isd affected cities must be pers�8o=tance that every city be present at equitable. It is of vital imp the January 26 confezence to vote foz a change in the state aid formula. Your vote, and the assistance of any other city that you may be able to contact and influence, will be greatly appreciated and can have a great impact. P.S. Legislative lobbying effozt� are included in another memo. 13 C MEMO T0: FROM: Cl T Y of SA I/A GE 12305 QUENTIN AYE. S0. SAVAGE, MINNESOTA SS37d t�tr N��� �i:-�oo.ias December 2. 1982 Members of the Metropolitan Losers" Group Hank Sinda RE: Lobbying for Change in State Aid Formula The Losers' Group met on Tuesday� November 30. and by concensus agreed to formally organize the group by establishing officers and a budget to cover expenses (clerical� typing, postage� etc.) The purpose of the organization� as you know, is to deal with the inequities of fiscal disparities and state aid. In order for us to continue in that pursuit, �e are requesting that each city contribute dues in the amount of $100 per year. The objective is not to build a long lasting, ongoing organization, but to disband after achieving our goals. We appreciate your assistance in this effort. Secondly� please ask your council to review and adopt the sample resolution that is enclosed. As you may well understand, provisiona of this resolution are not "cast in stone." nor do they represent the precise opinion of each member city. They do. however, repzesent a starting position for negotiation with the Legislature. It is important that these resolutions be returned to us by Dec. 31, 1982 so that they may be used as a tool to take to the Legislature. We ask, also� that group members sit down with senators and representatives in thefr district, show them the resolution. explain the problems at hand, and ask for their support. The Losers' Group will soor make arrangements to i�ave a bill drafted. �Te� along With representatives from the Association of Small Cities, will then schedule a special lobbying breakfast in January, a unique opportunity to muster the support of legislators while introducing the bill. For utmost effect� it is imperative that each cfty send representatives to the breakfast and, pzior to that, do whatever possible to solicit attendance and support of district legislators. Additional information in regard to the breakfast will be forthcoming. If you know of any legislators willing to sponsor or co-sponsor such a bill, please let us know. Ylease �call my office if there are any questions. and I would be happy to discuss them with you. FOR CONCURRENCE BY THE CITY COUNCIL - CLAIP'iS CLP,IM� �ll��BERS 33P56� - 351Z07 14 . 'C .t7 FOR CONCURRENCE 8Y THE CITY COUNCIL — LICEiSE$ December 20, 1982 - . Tvpe of License:_ � Byi A�proved By: . Fees: Vending Machine . • Union Tb Station Coca Bottling Steven J. Olson .. $25.00 5257 University Ave.t1.E. I�ealth Inspector � Fridley, Mn. 55432 • ' 0 :f t 0 0 15 A F.OR CONCURRENCE 8Y TNE CITY COUNClL -��S� DECENIDER 20, 1982 GAS SERVZCES ' Guaranty Heating •11741 Elm Creek Road Osseo, MN 55369 By : Rayim nd Ri es Northland Mechanical Contractors, Inc. �150 Madison Avenue West • Minneapolis, MN 55427 By: Richard Tieva A�use Mechanical Inc. 11348 K-Tel Drive Minnetonka, M11 55343 GENERAL CONTRACPOR Henry Dean Lindner 330 Monroe Street ti.E. Minneapolis, t!N 55413 t�ood-N-27ai1, Inc. 7301 - lllth Avenue North Champlin, 1�7 55316 HEATI NG Guaranty Heatirx� 11741 Elm Creek Rpad Osseo, I�IIJ 55369 By: Gary Danzeison By: Henzy Lindner By: Jim Nesseth By: Raymond Ries � 0 APPROVED BY tair�.i� sAr�DiN Plbq.-Htg. Insp. WILLIl�M 5ANDIN Plbq.-Htg. Insp. WILLIA2� SANDIN Plbg.-Htq. Insp. DARREL CLARK Chief Bldg. Ofc. LIARREL CLARK Chief Bldq. Ofc. WILLIAPI SA2JDIfJ Plbg.-Htg. Insp. ].5 B FOR CONCURRENCE BY THE CIN C�i�t� Decemberi 20 R lgg L pROPERTY OwNER LOCATION OF BLDG. UNITS fEE APPROVEO BY Mary Masonick 669 Hugo St. NE 1 �12.00 Steven J. Olson, 6533 Thomas Ave. S. Environ. Ofcr. Richfield, MN 55423 Jonathan D. Goetze b 1061 Lynde Dr. NE 1 12.00 " Dean Powe11 2210 Innsbruck Pkwy. Mpls, MN 55421 C FOR CONCURRENCE BY TNE LITY COUNCIL - ESTII"ATE Smith, Juster, Feikema, Malmon b Haskvitz 1250 Builders Exchange Blvd. . ' Minneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of October, 1982 E5,625.00 For legal services rendered as City Prosecutor for the month of November, 1982 E4,862.50 E. A. Hickok & Associates, Inc. 545 Inidan Mound Wayzata, MP� 55391 Professional Services, November, 1982 Moore Lake Restoration Project � 950.09 16 16A SMITH, JUSTER, FEIKENA, MALMON 8 HASKVIIZ ATTORNErS AT LAW 1250 BUILDERS EXCHANGE dLGti. MINNEAPOl15. MINNESOTA SS402 i��]4t1 , rCity of Fridley 6431 University Avenue N. E. fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L Ci ty Manager CJN pATE � Na��a wttvww tw�� �w��e� ��tw �«r� ��t�ew� • • SIJBURBAN OFFICE FRIOIEV � J � SALANCE FORWARDEO fROM LAST STATEMENT 12-01-82 For legal services rendered as Prosecutor for the City of Fridley during October, 1982. Representation of City of Fridley in court 10-05-82 (Anoka), 10-07-82 (Columbia Heights), 10-12-82 (Moka), 10-14-82 (Columbia Heights�, 10-19-82 (Anoka), 10-26-8 (Anoka) and 10-28-82 (Columbia Heights) for 31 jury trials, 3 pre-trial conferences, 17 gross misdemeanor appearances, and 48 misde- meanor court trials. (56 hours). Preparation of 180 formal misdemeanor criminal com- plaints. 17 formal grbss misdemeanor criminal complaints and 3 citizen office conferences. (53.5 hours). TOTAL TIME (109.5 hours). October, 1982 Retainer s1,650.00 =1,650.00 Time in excess of Retainer 3,975.00 55,625.00 (79.5 hours� SMITH. JU TER. FEIKEMA, MAlMO�Z �t�M�s�� �f �� pATE � � � � � OALANCE FORWAf;DE� FROM LAST STATEMENT 12-01-82 For legal services rendered as Prosecutor for the City of Fridley during November, 1982. Representation of City of Fridley in court �11-02-82) Anoka, (11-04-82) Columbia Heights, (11-09-�2) Moka, (11-16-82) Moka, (11-18-82) Columbia Heights, (11-19-82) Anoka, (11-23-82) Moka, and (11-30-82) Anoka for 131 misdemeanor pre-jury trial conferEnces, 21 gross misdemeanor hearings and 30 misdemeanor court trials. (62 hours - 30 minutes). Preparation of 97 formal misdemeanor criminal com- plaints, 12 formal gross misdemeanor criminal complaints and 3 citizen office conferences. (31 hours - 45 minutes). T07AL TIME (94 hours - 15 minutes). November, 1982 Retainer ;1,650.00 =1,650.00 Time in excess of retainer (64 hours - 15 minutes) 3,212.50 54,862.50 fMItTN. R/STER. FEIKEMA, MAL1r10N i MASKVITZ �et�.�s�� �s u��