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12/06/1982 - 00012726�,i��� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF ➢ECEMBER 6, 1982 The Regular Meeting of the Fridley City Council was called to order at 7:35 P• �• by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A1Zegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Couneilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING OF NOVEMBER 22, 1982: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the seeond 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. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEId FORUM, VISITORS: Senator pon Frank appeared before the Council regarding the State's shortfall. He stated the bill in the Legislature is considered as a compromise between the Governor and leaders of the Legislature. He stated this bill calls for 5.78 million dollar cut to all of the cities in the State and this amount would be eliminated from the December 75 payment to cities which should be 49•� million dollare. Senator Frank explained that the state aid is figured by taking the 1982 levy limits and to that levy limit is added the total year's local government aids a city had anticipated. He stated these figures are added � � ��1 � COUNCIL MEETING OF DECEMBER 6, 1Q82 PAGE 2 together and multiplied by 1.15� and this figure is then subtracted from the city's December 15 Payment and that is what they can expect to receive in the month of December. Senator Frank stated the House is extremely reluctant to support the bill and in the Senate, based on the caucus today, he would be surprised if it got out of the Senate. � Senator Frank stated they have been told they have very little alternative then to vote for this bill. He stated one alternative is the Governor and the State would have the total authority to unallot payments to local governments and counties, as well as nursing homes, and any other payments the State is authorized to make. He felt this authority would completely devastate ma�or programs and would approach the destroying of the educational system. � � He stated he hoped they can go baek and renegotiate. Senator Frank also spoke on the proposal pertaining to the pension program and felt the State would take $77,000,000 from public employees' pockets. He stated an additional 2-1/2� would be taken out of the public employee's salary per month and the City will remit this to the State. He stated this amount would be deposited into the General Account for the State. Senator Frank stated the State has borrowed $850,000,000 for a short term and shifted $700,000,000 from one biennium to another. He stated approximately $300,000,000 is needed in the General Fund ,7ust to pay every day bills. He stated there is a shortfall in the employee compensation fund and there is unfunded teacher retirement liability and the figures he has heard go all the way up to $1,00O,OOD,ODO. Senator Frank stated the crisis didn't happen evernight and has been a long time in coming and, he felt, the problem would be with them for at least the next four years. PUBLIC HEARINGS: PUBLIC HEARING ON THE ISSUANCE OF AN ON SALE LI9UOR LICENSE TO FRIDLEY M&. STEAK (TOMARK RESTAURANTS. INC.): MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Couneilman Barnette. Upon a voice vote, all votang aye, Mayor Nee declaed the motion carried unanimously and the public hearing opened at 7:50 p. m. Mr. Inman, City Clerk, stated an application has been received from Mr. Steak for an on-sale liquor license at their establishment at 5895 University Avenue. Mr. Inman stated it is the intent to include cocktails, beer, and wine, as part of their current menu, but it is not their intention to add a bar to their business. 3 4� � COUNCIL MEETING OF DECEMBER 6, 1982 PAGE 4 Mr. Inman stated both the Poliee Department and the Public Works Department have reviewed the request and recommend approval, He further stated there has been some problems in the transfer of ownership, which resulted in tax considerations with the State and the State, therefore, has asked for additional time to finalize their document with Tomark, Inc. Councilman Hamernik questioned the seating capacity at Mr. Steak and Mr Potter stated it was 132. Councilman Schneider asked if there are any plans to add a bar area now or in the future. Mr. Potter stated, at the present time, they do not have any such plans, Mr. Qureshi, City Manager, stated his concern was if there would be sufficient parking, if there is an inerease in business with the issuance of this license. Mr. Potter stated they do have an agreement with the Holiday Station where their employees are permitted to park on that property. Mr. Qureshi felt they should be aware that if they don't have adequate parking, it might affect the renewal of their license. No other persons in the audience spoke regarding the issuance 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 aye, Mayor Nee deelared the motion carried unanimously and the public hearing closed at 7:55 p. m. PUBLIC HEARING ON VACATION REQUEST. SAV �82-0'�. SY RICHARD CARLSON OF PARK CDNSTRUCTION, TO VACATE LONGFELLOW STREET AND ALLEY EASEMENT EAST OF THE BURLINGTON NORTHERN RAILROAD TRACKS: MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanamously and the pu6lic hearing opened at 7:57 P. �. Mr. Flora, Public Works Direetor, stated Park Construction has requested a vacation of the street and alley between their property on Beech Street and the Burlington Northern Railroad tracks. Mr. Flora stated the Planning Commission has recommended approval of the vacation with two stipulations; one is tht the City retain an access easement to the back lots and ihe other is that any drainage easement be restricted to underground piping. � � � � � 1� � , COUNCIL MEETING OF DECEMHER 6. 1982 PAGE 4 Mr. Flora stated the staff concern is the accessibility to those lots in Hlock 5 and 12, Spring Srook Park, and the City's ability to divert a portion of the Stoneybrook drainage system to the Springbrook Nature Center Pond. He stated, therefore, the City would like to maintain a 30 foot drainage/utility easement along the railroad track property. Councilman Hamernik questioned if there was an easement north of the tracks and the possibility of continuing this easement to the north. Mr. Flora stated the City is attempting to acquire the easement essentially from 78th all the way north to the Springbrook Nature Center. 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 where a drainage system could be installed and it could either 6e an open ditch or a pipe. Mr. Carlson stated that Northern States Power now has a high wire line going across the property, but still maltes the land useable. He further pointed out that Minnegasco and the Metropolitan Waste Control Commission have thelr piping helow the existing grade. Mr. Carlson stated they have �uat purchased this piece of property for storage of their equipment and all they ask is that it 6e useable for their intended purposes. He stated if the easement the City is requesting would make that land unuseable to them, he felt the City should buy the property from them. He stated if the City wants an underground drainage system, they have no ob�ection; hoWever, an open ditch would make the land unuseable to thes. Mr. Carlson stated it didn't seem feasible to him to put an open drainage dateh over a sewer line, when thas line has to be accessible for repairs. ' Councilman Barnette stated if there isn't an easement going north, it makes the other parcels of land virtually unsaleable and felt access should be provided to those parcels. Mr. Flora stated one easement is to — allow access and the other 30 foot easement is for drainage purposes. He stated the request to vacate the street and alley covers about 12,OOD square feet and the City is looking at some future improvement along the traeks for treatment of storm water before it enters the massissippi river system. � Mr. Qureshi, City Manager, stated by providing a means of diverting the water: it would lower the burden on Stoneybrook Creek and: hopefully, improve the nature area, He stated in order to have a controlled area into Stoneybrook and minimize the damage on Springbrook creek, the draina�e easement is needed to, basically, divert the water, and the cheapest method would be an open ditch. Mr. Carlson stated the City already has a drainage easement and felt this should be utilized instead of depriving them of useable property on the south end of this pareel. Mr. Qureshi stated the City does use the �Y 3 f� �`�- 1 COUNCIL MEESING OF DECEMBER 6� 1Q82 PAGE 5 drainage easement to which Mr, Carlson is referring, however, additional drainage easements are needed to handle the water to the nonth. Mr. Carlson felt it would be advantageous for the City to contact the Metropolitan Waste Control Commission to see if they would alow an open ditch over their line and to also consider if the location of the gas line would prevent an open drainage ditch. Mr. Qureshi stated he would agree a piped system would be a better � arrangement, but the only problem is the cost. Mr. Qureshi felt there are a number of issues the staff would like to cheek into further and it might be best to continue the hearing until the seeond meeting in January. He stated he hoped they can come to some agreement that meets both the staff's and Mr. Carlson's requirements. MOTION by Councilman Hamernik to continue this public hearing to the second meeting in January. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, OLD BUSINESS: ORDINANCE N0. 764 ADOPTING A NEW CHAPTER 405 ENTITLED "CABLE COI•R4UNICATIONS FRANCHISE" AND REPEALING OLD CHAPTER 405 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND GRANTING A FRANCHISE TO GENERAL TELEVISION OF MINNESOTA. INC.. A MINNESOTA CORPORATION� DOING BUSINESS AS STORER CABLE COMMUNICATIONS SYSTEM IN THE CITY OF FRIDLEY. SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF FRANCHISE. DEFINING THE MEANING OF FRANCHISE. AND PROVIDING FOR THE REGULATION OF THE FRANCHISE INCLUDING PENALITIES FOR THE VIOLATIONS THEREOF: AND ORDINANCE N0. 765 ESTABLISHING CHAPTER 406 ENTITLED "CABLE COMMUNICATION , RATES AND RATE CHANGE PROCEDURES" PURSUANT TO THE CITY OF FRIDLEY CABLE COMMUNICATIONS FRANCHISE ORDINANCE: Mr, Matz, Attorney for the Cable Television Commission, stated the franchising document before the Council has been slightly revised since the first reading of the ordinance. He stated it is necessary that the State Cable Soard review all franchise ordinanees, therefore, the approach in Fridley has been somewhat different in that they have both an ordinance and a contract. Mr, Matz stated the documents before the Couneil are final, with one small exception, which is the addition of a sentence in Section 9.05 oF the ordinance, as requested hy Ms, Reichgott, the attorney for Storer. Mr, Matz stated he believed this request is in order and preserves both the intention and meaning of that seetion and requested the Council consider this addition this evening. LJ � �� �� COUNCIL MEETING OF DECEMBER 6, 1q82 PA E Mr. Matz stated there was a typographical error in the subscriber contraet which has Ueen corrected and this document in now in order. Mr. Matz stated there was a memo prepared by Mr. Herbst of their office where suggestions were made regarding an aceeptable procedure to treat document FCC Form 326. Councilman Schneider stated his concern that if for some reason the City � doesn't follow the requirements for keeping FCC Form 326 private and a copy is made and distributed, if they are sub�ecting the tax payers and the City to a potential lawsuit by Storer 6ecause the City violated their privacy. He stated he personally feels he is not willing to take on that burden. Mr. Matz stated he didn't believe copying tha form and distributing it would subjeet the City to any liability. He stated if that document came into the public domain and Storer was damaged by that act of the document being distributed, Storer would have to prove some dama�e to their company. Councilman Schneider stated he hates *t*o* loek the City into a situation of potential liability, and wondered if word�ng could be added to the effect the City would make every attempt to keep the document confidential, but to hold the City harmless in the event the document was inadvertently disclosed. Ms. Bremer, Director of Communaty Relations for Storer, stated she could understand the City's concern and would have no ob�ection to going back to the original wording, and that was the City would maintain the confidentiality of the document. Ms. Sarbara Hughes, a member of the Cable Television Commission, stated the Commission looked at this question and weighed the value of having � that document on hand versus protecting the confidentiality. She felt, as long as they can receive accurate information through the Finanee Director, it wouldn't matter whether the document is on hand at the City Hall. Ms, Bremer stated the ob�ect of putting in a confidentiality clause is to protect the company from the release of those documents. She stated, �f the document was released, the City would be only sub,7ect to liability if the company could prove damages. She stated their only concern about a hold harmless clause is it makes the confidentialaty of the document meaningless, She further stated she would have some concern about a blanket hold harmless clause, but would be willing to work out something regarding the inadvertent release of the document. Mayor Nee asked the attorney and the Storer attorney and representatives to meet and try to work out wording regarding a hold harmless clause, and the Council would continue this item until later in the meeting. *** corrected at Council Meeting on December 20, 1982 � J � ��? COUNCIL MEETING OF DECEMBER 6. 1982 PAGE 7 MOTION by Couttcilman Schneider to continue this item to later in the meeting. Seconded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CQNSIDERATION OF A VARIANCE REQUEST TO REDUCE THE DISTANCE FROM AN INSERSECTION TO ALLOW THE CONSTRUCTION OF A BILLBOARD AT 7233 UNIVERSITY AVENUE N.E.. JACK LAWRENCE: Mayor Nee stated this varianee was denied by the Council, however, Mr. I,awrence didn't have the opportunity to appear to present his case and ' requested reconsideration of the variance. Mr. Flora, Public Works Director, stated this varianee request was submitted by the Far View Sign Company to place a billboard at 73rd and University. Ae stated a variance was requested from the 73rd and University Avenue intersectxon from the required 500 feet to 480 feet or a variance off the service drive right-of-way from the required 30 feet to 10 feet. He stated the Appeals Commission granted the variance from the required 30 feet to 10 feet off the service drive, however, the Planning Commission recommended denial of the variance, Mr. Lawrence stated the billboard meets all the Zoning Ordinanees, except for the setback off the service drive. Mr. Lawrence stated they would like to have a billboard in Fridley representing Far View Signs and Signerafters, as they have been in husiness in Fridley for the past 15 years. Mr. Lawrence stated he felt their billboard is something new and modern, back lighted with fluorescent lights which are concealed, and the material used for this billboard is similar to what was used for the top of the Metrodome, Mr. I,awrence stated he understands this property, where they wish to locate the billboard may be developed and, if this is the case, they would � remove the billboard. Councilman Schneider stated when he served on the Sign Committee, billboards were one of the more controversial items and the concern was that bi116oards are an attraction and if they are put an a heavy traffie area, it tends to distraet motorists and may create a hazard. He stated the area they are considering for this billboard is rated as a"D" traffic condition which means it is a aery congested traffic area. Councilman Schneider stated some very stringent requirements were put in the sign ordinance for billboards and he didn't feel the requirements are met for this billboard, as there isn't a hardship on which to base the variance. Mr. Lawrence stated that figures show there are very few accidents created by billboards because of the manner in which they are displayed Councilman Hamernik stated he is not seriously opposed to bi116oards, as he feels they serve a good purpose, but agrees they should have control on the number and types in the City. � � ���� I�� COUNCIL MEETING OF DECEMBER 6� 1Q82 PAGE MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and deny the varianee request for the bill6oard at 73rd and University Avenuea. Seconded by Councilman Fitzpatriek. Upon a roll call vote, Councilman Schneider and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee abstained from voting. Councilman Hamernik and Councilman Barnette voted against the motion. Mayor Nee declared the motion failed. � MOSION by Councilman Hamernik to support the recommendation of the Appeals Commission and grant the variance for the billboard at 73rd and University Avenues. Seconded by Councilman Barnette. Upon a roll call vote, Councilman Hamernik and Councilman Barnette voted in favor of the motion. Mayor Nee abstained from voting. Councilman Sehneider and Councilman Fitzpatrick voted against the motion. Mayor Nee declared the motaon failed. CONTINUATION OF DISCUSSION OF ORDINANCE N0. 764 ADOPTING A NEW CHAPTER 405 ENTITLED CABLE COI•AfUNICATION FRANCHISE AND ORDINANCE N0. 765 ESSABLISHING CHAPTER 406 ENTITLED TMCABLE CONA7UNICATION RATES AND RATE CHANGE PROCEDURES": The question regarding the cable television franchise ordinance was then brought back for the Council's consideration. Mr. Matz, attorney for the Cable Communications, stated an agreement has been reached to add a sentence under Section 7, Operation and Maintenanee, sub-section 7.02, Annual Reports, to add the following sentence under item A-1, "Storer shall hold the City harmless for any damages resulting from the inadvertent diselosure of FCC Form 326". Mr. Matz suggested, therefore, the ordinance could be given second reading with the added sentence under Seetion 9.05 and this addition under Section 7.02 of the agreement. � MOTION by Councilman Hamernik to waive the second reading of Ordinance No. �64 adopting a New Chapter �{05 Entitled Cable Communication Franchise and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatarick. MOTION by Councilman Sehneider to amend Section 7.D2, atem A-t of the agreement by adding the following sentence to read as follows: "Storer shall hold the City harmless for any dama�es resulting from the inadvertent diselosure of FCC Form 326". Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION hy Councilman Schneider to amend Section 9.05 of the ordinance by adding an additional sentence at the end of this seetion to read as follows: "For purposes of this seciton, "Service" shall mean the I_ �I eS i� (j COUNCIL MEETING OF DECEMBER 6. 1982 PAGE q aggregate cable communications system". Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Rureshi, City Manager, stated Mr. Herbst's memo of November 29, 1982 lists a number of amendments to comply with the requirements of the Minnesota Cable Board. MOTION by Councilman Fitzpatrick to adopt the amendments indicated in the � second draft of the doeuments. Seconde8 by CoUncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated one of the items discussed in a recent meeting coneerning cable franchising was to guarantee the system would be available in a non-discrimanatory manner. He stated it was pointed out that in the future cable television perhaps will be used for a lot of things other than television and, for example, questioned what would happen if MCI were to make a master agreement with Storer to use all their system and another competitor wanted to use their system. He asked if the other company could, in turn, sue the City. Mr. Matz stated those concerns are reflected in the agreement to provide a lease access channel to be first-come, first-served on a non- diseriminatory basis. He stated if one entity comes in and ties up one channel, the company would be under an obligation to provide another channel. Ms. Bremer stated she would concur with this understanding that it is reflected in the agreement. UPON A ROLL CALL VOTE TAKEN ON THE ORIGINAL MOTION FOR ADOPTION DF THE ORDINANCE, Mayor Nee, Councilman Hamernik, Councilman Fitzpatrick, Couneilman Schneider and Couneilman Barnette voted in favor of the motion, � and Mayor Nee declared the motion carried unanimously. MOSION by Councilman Barnette to authorize a meeting with staff and the State Cable Board for submission of the necessary documents for their approval. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Piee declared the motion carried unanimously. MOTION by Counclman Schneider to waive the second reading of Ordinance No. 765 Establishing Chapter 405 Entitled Cable Communication Rates and Rate Change Procedure and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT TO ENERGY COt�1ISSI0N (TABLED 11/22/82): MOTION by Councilman Schneider to table this appointment to the Energy Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. � �f���� COUNCIL MEETING OF DECEMBER_,{Z, 1982 NEW BUSTNESS: PAG CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 20 . ZONING: It was agreed by the Council to consider this item later an the meeting. CONSIDERATION OF FIRST READING OF AN DRDINANCE ON A NEW CHAPTER 3 ENTITLED � "PERSONNEL" AND REPEALING OLD CHAPTER 3 OF THE FRIDLEY CODE IN ITS ENTIRETY: It was agreed by the Council to consider this item later in the meeting. CONSIDERATION OF PASCHKE SIGN REOUEST. 7920 UNIVERSITY AVENUE: Mr. Flora, Public Works Director, stated staff received a sign plan for the 6usinesses at 7920 University Avenue. He stated staff has no problem with the sign plan, as currently submitted, and would recommend approval. Mr. Lawrence, representing the applacant, stated they felt a change was neeessary in the tenant agreement to the height whzeh should be ehanged from 36 inches to 42 anehes and another change would be that the tallest letter not exceed 36 inehes, rather than 32 inches. Mr. Lawrence stated several of the national companies coming into these shops requested they wanted letters 36 inches high. Mr. Flora stated staff would have no problem with these two requested ehanges. MOTION by Councilman Sarnette to approve the sign plan for 7920 University Avenue with the two changes, one being the helght to be increased from 36 � inches to 42 inches and the other tp change the height for the tallest letter from 32 inches to 36 inehes. Seconded by Councilman Schneider. Ilpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C� CONSIDERATION OF A COMPREHENSIVE SIGN PLAN FOR 8000 UNIVERSITY AVENUE N.E.. SIGNCRAFTERS: Mr. Flora, Public Works Direetor, stated a comprehensive sign plan has been received for the development at 8000 University Avenue. He stated staff has no pro6lems with this plan and would recommend approval. MOTION by Councilman Hamern3k to approve the sign plan, as presentea, for 8D00 University Avenue N. E. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNSNG COI•P9ISSION MINUTES OF NOVEMBER 17� 1982: SPECIAL USE PERMIT. SP ik82-10, VIKING CHEVRQLET� TO ALLOW STQRAGE QF NEW VEHICLES ON STRITE-ANDERSON PROPERTY: Mr. Flora, Public Works Director, stated Viking Chevrolet has requested a 3�� COUNCIL MEETING OF DECEMBER 6. 1982 PAGE 11 special use permit to allow parking of new vehicles on Strite-Anderson's adjoinin� property. He stated the Planning Commission has recommended approval with the stipulation that the special use permit would expire when the lease between Viking Chevrolet and Strite-Anderson ia terminated. Mr. Flora stated, in the staff review of this partcular request, there have been some restrictions placed on both Viking Chevrolet and Strite- Anderson regarding landscaping and screening of the refuse eontainers, which have not been complied with. He stated the property owners have � also been notified there is a ten foot wide piece of property between the two businesses that has gone tax forfeit and this piece should be obtained hy either or both of the businesses because, currently, there is trespass of property. Mr. Pooley, representing Viking Chevrolet, stated there was no agreement on the landscapin� as far as Viking Chevrolet was coneerned. Mr. Flora stated this requirement �.�as in regard to the special use permit issued by the Council on May 17, 1982 for a mobile home trailer Iicense. Mr. Dooley stated they are really not sure what the City wants them to do regarding the landscaping. Mr. Flora stated they have been contacted, as well as Strite-Anderson, to improve the landscaping and a recommended landscaping plan will be presented for implementation this next summer. Mr. �ureshi, City Manager, suggested the special use permit be for a one year period in order to work out some of the staff's concerns regarding the landscaping and upgradin� of the property. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP �i82-10 for one year to Strite-Anderson for use of leasing this property to Viking Chevrolet. Seconded by Councilman $arnette. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unanimously. SPECIAL USE PERMIT,, SP #82-11. CENTRAL AUTO PARTS. JOHN BUZIK. 11�6 72-1/2 AVENUE N. E,: Mr. Flora, Puhlic Works Director, stated Central Auto Parts is requesting an expansion into a portion of property on Lots 6, 7, and 8, Block 2, Central View Manor, to store their over-the-road vehicles. He stated the Planning Commission has recommended approval with the stipulation that all the ouside improvements be part of the special use permit and that the owner of the property be notified what those improvements must be. � ��1 � COUNCIL MEETING OF DECEMBER 6. 19$2 PAGE 12 Mr. Flora stated staff inet with the applicant for the special use permit and identified seven recommendations for this property regarding the improvements. He reviewed them as follows: (1) No driveways or access be authorized onto 73rd Avenue; (2) Solid screen fencing be placed completely around the property; (3) Additional vines and landscaping be placed along the screening fence on 73rd and 73 1/2 Avenues; (4) Underground sprinkling of the boulevards and landseape areas; (5) Concrete driveways extending a minimum of 1D feet beyond the sereening fence onto the property from the street; (6) A surface water drainage plan be developed to insure � protection of Norton Creek from pollution and contamination; and (7) Building construction, driveways, and parking comply with the City's Zoning Code. Mr. Buzik stated the main reason they are purehasing this property is for loading and unloading their trucks. He stated they wouldn�t be a61e to pull in and turn around if they didn't have a driveway on to 73rd Avenue. He stated they plan to use crushed rock in the boulevard area so they wouldn't need a sprinkling system. Mr. Qureshi, City Manager, stated Central Auto Parts has been one of the better auto recycling 6usinesses in the area. He felt, if the special use permit is granted, restrzetions should be imposed that would guarante the property would be maantained with landscaping, screening, etc. and the permit should be for a limited period of time and reva.ewed. Mr. Herrick, City Attorney, stated if the special use permit would 6e assued it should be determined on the conditions outlined by staff. He stated another consideration is that the applicant is now proposing to buy this property, sub,7ect to obtaining the special use permit. Ae felt the Council, if they approved the special use permit, it would be issued at the time the applicant shows valid proof of ownership of the property or contraet for purchase. Mr. Puzik felt they wouldn't want to have the costs at this time to bring � in the water because, as it is now, this would be a temporary facility for them. Councilman Schneider asked Mr. Suzik if he would be willing to consider a sprinkling system at the time they constructed a buildin� or at the end of the renewal period. Mr. Buzik stated about the only site they could build on would be Lot 6 and didn't want to promise at the end of the renewal period they would put in a sprinkling system. He stated the costs now would be about $20,000 for the fencing, driveways, and landscaping plus the cost to purchase the property. Mr. Suzik stated they are trying to work with Kent FIill on what to put in for landscaping and felt, at this time, if �ust the landscaping could be worked out, and not the requirement for undergroud sprinkling, this would be satisfactory to them. � 3 � �v COUNCIL MEETING OF DECEMBER 6� 1982 PAGE 1� MOTION by Councilman Seneider to concur with the recommendation of the Planning Commission and grant special use permit, SP �82-11 to Central Auto Parts on the condition they acquire the property from its present owner, and with the following stipulations: (1) Limited driveway access only be authorized onto 73rd Avenue; (2) Solid screening fence be placed completely around the property; (3) Additional landscaping, as worked out with staff, be placed along the screening fence on 73rd and 73 1/2 Avenues; (4} Concrete driveways extending a m�nimum of 1D feet beyond the screening fence into the property from the street; (5) A surface water drainage plan be developed to insure protection of Norton Creek from , pollution and contamination; (6) Building construction, driveways, and parking comply with the City's Zoning Code and, in any event, when a structure is built on the proeprty, an underground landscaping sprinkling system would be construeted at that time. Further, this special use permit is granted for a three year period and is to be reviewed at the end of this time. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL USE PERMIT. SP �82-12, PARK CONSTRUCTION SY CARL OLSDN, TO ALLOW THE USE OF A CRUSHER TO RECLAIM CONCREATE, 7900 BEECH STREET N.E. Mr. Flora, Public Works Dxrector, stated this is a request for a special use permit to allow the operation of a rock crushing machine to redeem concrete on Park Construction's property at 81st and Beech Street. He stated the Planning Commission has heard this request and recommends approval. Councilman Fitzpatrick asked if there was any additional information available on the dust and noise. Mr. Carlson stated 25,000 tons of concrete was crushed in downtown Minneapolis and there wasn't enough dust to cause any concern. He stated when they were before the Planning Commision, he agreed they would abide � by all ordinances, both noise and dust, with this operation. Mr. Carlson stated, if noise was a serious concern, he would put up a noise wall in order to make this a respectable business. Mr. Herrick, City Attoney, asked about the possibility of sereening the material from the adjacent properties. Mr. Carlson stated it would depend on the amount of material they have to crush at any one time, but they would try to keep the height of the material within reason. Mayor Nee stated from the noise aspeet, it wouldn't be any Iouder than the trains, but didn't know about the dust factor. Mr. F1ora stated measures can be taken to control some of the dust by means of a sprinkling system. MOTION by Councilman Barnette to grant special use permit, SP�82-12 to Park Construction for a one year period to be reviewed and re-evaluated at the end of this time and, further, that the City be allowed to dump waste � 3 � `=' COUNCII. MEETING OF DECEMHER 5, 1982 PAGE 1�+ concrete material at Park Construction's storage site. Seconded by Couneilman Hamerna.k. The Council asked Mr. Carlson if he knew the location of one of these crushers so that they may have an opportunity to observe its operation. Mr. Carlson stated he believed one is located at the International Airport � on the west side back of the new MTC bus garage, and stated he would check into this further and get back to staff if the Council was interested in reviewing this operation. MOTION by Councilman Barnette to table this item to the December 20, 1982 meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aqe, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called recess at 10:50 p. m. RECONVENED: Mayor Nee reconvened the meeting at 11:02 p. m. All Council members were present. ITEM FROM PARK & RECREATION MEETING OF OCCTOBER 25. 1Q82 - RECOMMEND THAT JAY PARK BE ADDED TO APPROVED GENERAL SKATING AREAS FOR 198�-84 SEASON IN RE5PONSE TO PETITION 9-82: Councilman Fitzpatrick stated there was a petition initiated for a general skating area at Jay Park and the recommendation of the Parks and Recreation Commission and the Planning Commission was for the Council to approve this addition. �Mr. �)ureshi, City Manager, stated recognizing the budget situataon and the _ cuts, this would be an added area of service and it was felt the Council should be aware of this request. He felt staff could obtain further information on the impaet of providing this rink, as it relates to other budget requests. MOTION by Councilman Fitzpatrick to table this item to the December 20, 1g82 meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of November 17, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF THE AMENDMENTS TO CITY CHARTER FROM THE CHARTER COP9IIISSIQN: Mr. Clifford Ash, Chairman of the Charter Commission, appeared before the ' � ? 3 ���- COUNCIL MEETING OF DECEMBER 6� 1982 PAGE 1� Couneil regarding proposed amendments to the City Charter, as recommended by the CharCer Commission. Mr. Ash stated it is suggested a requirement be added under Section 2.03 that the population of any ward shall not deviate by more than one percent (1�} from the average of the three wards. He stated it was aiso Felt the redetermination of the ward boundaries should be accomplished no less than one hundred days prior to the legally determined date of the municipal , primary of the year ending in the digit two. Mr. Ash stated under Section 2.05, it is suggested changes be made in order to give a litle more authority to the Council on what action can be taken regardirig vacancies on the Couneil. Mr. Ash stated Seetion 6.01 provides for some changes regarding removal of the City Manager and that he may be removed at a regularly seheduled meeting provided that at least four members of the Council vote for the removal. He stated under Section 6.02 they haVe recommended an extension of the powers and duties of the Gity Manager regarding appointment, suspension and removal. Mr. Ash stated Section 6.04 deals with subordinate officers and outlines these officers who are appointed by the City Manager, with approval of the Council. Mr. Ash also stated under Sections 8.04 and S.O5, it is recommended that the four-fifths vote of the members of the Council be ehanged to an affirmative vote of at least four members of the Council. Mr. Ash stated, if the Council has any problems with tHe proposed amendments, he would like these made known so he could bring this back to � the Charter Commission. Mr. Herrick, City Attorney, stated an ordinance would have to be prepared to cover these changes and to research the suggested changea to make sure there are not in any conflict with the State statute, He felt, after these changes are put into ordinance form, the Charter Commission would want to revaew it. MOTION by Couneilman Fitzpatrick to receive the proposed amendments from the Charter Commission. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to have the proposed amendments suggested by the Charter Commission resubmitted in proper form for the second meeting in January. Seconded by Couneilman Barnette. Upon a voice vote, all votang aye, Mayor Nee deelared the motion carried unanimously. 1 3,,� a COUNCIL MEETING OF DECEMBER 6. 1982 PA E CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205� ZONING (PUBLIC HEARING JUNE 8� 1981)(Continued from earlier in the meetina)• Mr. �ureshi, City Manager, stated this ordinance would amend the Zoning Code by changing some of the language and adding solar and energy considerations. He stated some of the ma�or changes are as follows: (1} � Certificate of Compliance Requirement for all legal non-conforming and conforming uses; (2) Limits aceessory buildings in R zones to 1,4D0 square feet; (3) Single story dwellings in an R-1 zone shall have a basement; (4) Lots of 9,000 square feet or larger require a two car garage and lots between 8,999 and 7,500 square feet, shall have a one car garage in an R-1 zone; (5) No parking in the required front yard--this will have an affect on recreation type vehacles; (6) Performance standards whxeh apply to all zoning districts and require compliance regardless of use status; (7) Consolidation of C1 and C1S into one zone section C1; (8) Redesagnation of C25 to C3; (9) Expansion of the ,7unk yard special use permit criteria in an M-1 zone; (10) Provisions for offices an the industrial zones; and (11) Exelusion of hazardous waste processin� facilities in the industrial zones. It was noted that currently there is only one area zoned CR2, tharefore, it would appear appropriate to eliminate CR2 in the redraft and rezone these properties to C2 and M7 respectively. Some of the questions or eoncerns 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-downs in tailer parks; and (5) providing of concrete pads in commercial areas for motorcycle parking. � Mr. Herrick, City Attorney, asked if the question on shade trees interferring with a solar system was addressen. Mr. Flora stated this is covered under the State Building Code. � Councilman Fitzpatrick asked if the matter of sodium vapor lights was addressed. He stated he didn't think it was much of a problem in the front of dwellings, but there was some concern with these lights on the utility poles in the easement. Mr. Qureshi, City Manager, stated the ordinance does provide you eannot have any lighting beyond your property line more than three foot candles. In discussion regarding the parking of recreational vehicles in the required front yard, it was the general concensus these vehicles shoula be allowed to park in the driveways or on a slab ad�acent to the driveway. Mr. Qureshi stated staff would take this matter, as well as the other concerns into considerataon, and the Council eould proceed with a first reading and make amendments at the seeond reading or ta61e it for further study. ���� COUNCIL MEETING OF DECEMSER 6. 1982 PAGE 17 MOTION by Councilman Sarnette to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CON$IDERATION OF FIRST READING OF AN ORDINANCE ON A NEW CHAPTER � ENTITLED "PERSONNEL" AND REPEALING OLD CHAPTER 3 OF THE FRIDLEY CODE IN ITS ENTIRETY: Mr. 4?ureshi, City Manager, stated the major changes in this ordinance , involve annual leave and short term disability benefits. He stated he felt this new plan gives the employee a lot of flexibility in the sense they manage their own time. He stated this plan would apply for only new employees hired on or after January 1, 1983, but current employees have the option to go with this plan or remain on the existing plan. Mr. �ureshi then reviewed what the present ordinance provides and what the new ordinance would provide. MOTION 6y Councilman Schneider to waive the reading of the ordinance and approve it upon first reading, Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIOM OF METROPOLISAN WASTE CONTROL COMMISSION INTERCEPSOR AGREEMENT• Mr. Flora, Publie Works Director, stated this is the 1983 Joint Use Agreement for maintaining the anterceptor from Columbia 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 increased from $4,500 to $5,000. MOTIDN by Councilman Schneider to approve the Interceptor Maintenance � Agreement and authorize the Mayor and City Mana�er to enter into the agreement. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motaon carried unanimously. CONSIDERATION OF AN AMENDED RESOLUTION N0. 69-1982 (MOORE LAKE PHASE II): Mr. Flora, Public Works Direetor, stated the State Attorney General's Office has reviewed the City�s Resolution No. 69-1982 and requires the term "Amendment to the Substate Agreement^ be used instead of the wording, "Federal Grant". Mr. Flora stated the purpose of resubmitting this resolution is to ehange the wording to comply with the requirements of the State. � � � � CDUNCIL MEETING OF DECEMSER fi, 1Q82 MOTION by Councilman Barnette to amend Resolution the words "Federal Grant" to "Substate Agreement". Schneider. Upon a voiee vote, all voting aye, motion carried unanimously. 3�`N�'� �[�iG7 No. 69-1982 to change Seconded by Councilman Mayor Nee declared the RESOL.UTION NO 102-1982 ORDERING IMPROVRMENT APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS TO IMPROVE WELL NO 2: MOTION by Councilman Hamernik to adopt Resolution No. 702-1982. Seconded by Councilman Fitzpatrick, Upon a wice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 10�-1982 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR SIDS TO IMPROVE WELL N0. 7: MOTION by Couneilman Fitzpatriek to adopt Resolution No. 103-1982• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motaon carried unanimously. APPOINTMENTS: CITY EMPLOYEE: MOTION by Councilman Barnette to concur with the following appointment by the City Manager: INAME Ronald F. Rischmiller 17535 Smoketree Drive Richmqnd, VA 23236 POSITION Police Officer Police Department STARTING SALARY DATE $1,679 Dee. 20, per 1982 month REPLACES Joseph Gaylord Seconded by Councilman Hamernak. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 314E12 through 33�N1D. Seconded by Counezlman Barnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. I,ICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on fi�e in the License Clerk's Office. Seconded by Councilman Schneider. iUpon voice vote, all voting aye, Mayor Nee deelared the motion carried lunanimously. � �, _� ',"'; � COUNCIL MEETING OF DECEMBER 6 1982 ESTIMATES: PAGE 19 MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue NE Fradley, MN 55�l32 For legal services rendered as City Attorney for the month of November, 1982 Halvorson Construetion Co. 4227 165th Avenue NE Wyoming, MN 55092 FINAL ESTIMATE for 1962 Misc. Concrete Curb & Gutter Project Park Construction Company 7900 Beech Street NE Fridley, MN 55432 Partial Estimate �1 - Sewer & Water Project 4�137 $ �+,535.00 $ 373.00 �uz,919.00 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to ad,7ourn the meeting. Seconded by Councilman Schneider. C�pon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 6, 1982 ad,7ourned at 12:30 a, m. Respectfully submitted, ��w�'�1.�- �,{��„�'�� Carole Haddad Seeretary to the City Council Approved: December 20 1982 __ C��� f , ����= � � Willa J. Nee Mayor �I � �