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01/10/1983 - 5224FRIOLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN � ♦ . � . DA7E: January 10, 1983 NAME ADDRESS - � TTEM NUMBER _� �Q===�== �� ____ � Cc/ ______====�U 1=====-- c12:===________________________________= j � �� l � � � e�vc,a..c� �3� �es-3�uJ � �' � 58 S-" ,viv�2s�f- � � � 2✓ � �r �/-/ �ti �� , �i.r�icc� ,o.o��o �i�-c.�,�� `' ,�� /-i� � ,D�� /G �,a�'�'i �S� v � �"'�.. �d � �AyMQ� , � �- � ; �w � -i�4 ,, . ; � � 0� FR�DLEY CITY COUNCIL � JAN�JARY 10, 1983 - 7:30 P,M, J�JEMO TO: DEPARTMENT HEADS FOLLO��ING ARE 7HE "ACTIO�JS ��EEDED��. PLEASE HAVE YOUR ANSWERS BACK IN THE CITY MANA6ER�S OFFICE BY THE NEDNESDAY BEFORE THE • NEXT REGULAR COUNCIL MEETING� THANK YOU. / l ,,��,,�, /�i' �;�/�� l ,�'� Added Items: I PUBLIC WORKS APPROVAL OF MINUTES; � COUNCIL MEETING, DECEMBER ZO, 1982 Approved as presented ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: DENNIS L� SCHNEIDER, WARD II Oath administrered ADOPTION OF AGENDA; l. Consideration of Seeking Assistance from Anoka County Soil and Water Conserv� tion District Regarding Soil Analysis 2. Consideration of Resolutions prdering Preliminary Report and S�ecifications on the Improvement� ST. 1983-1 and Ordering Pu�lic Hearing for ST. 1983-i 3. Consideration of a Resolution Ordering Preliminary Report and Specifications for the Improvement of OsborneRoad 4. Consideration of a Resolution Ordering Public Hearing for Improvement of Osborne Road 5. Consideration of Appointing a Member of the Council to serve as a Voting Member to the League of FiN Municipalities, plus an Alternate Member OPEN FORUM, VISITORS: Sharon Coleman, State Representative, invited Council to visit her regarding thei concerns. PUBLIC HEARINGS; PUBLIC HEARING ON FINAL PLAT, P�S� #$2-02, SAGA SUB- DIVISION, LYNDALE TERMINAL COMPANY, ZSO S%TH PLACE .�.� 1- 1 A Hearing Opened at 7:42 P.M. Closed at 8:30 P.M. ACTION NEEDED: Put final plat on next agenda for consideration . : �OUNCIL MEETING, �ANUARY 1�, 1983 PAGE 2 ' I PUBLIC HEARINGS (CoNTtNUEn) PUBLIC HEARING ON THE ISSUANCE OF A LIDUOR LICENSE T0 STUART ANDERSON�S CATTLE RESTAURANT �SAGA CORP.). .�. 2 Hearing Opened at 8:30 P.M. Closed at 8:45 P.M. CENTRAL SER . ACTION NEEDED: Put liquor license on next agenda for consideration NEW BUSINESS; RECEIVING PLANNING COMMISSION MINUTES OF DECEMBER 22, 1982, , , , , , , , , , , , , , , , , , , , 3 - 3 U A. Preliminary Plat, P.S. �82-02, Lyndale Terminal Co., 250 57th Ave. N.E.. 3- 3D Planning Commission Recommendation•��Approval�with�� 3G - 3H stipulation (buncil Action Needed: Consideration of Recommendation Tabled PUBLIC WORK ACTION NEEDED: Put item on next agenda for consideration B. Item from Appeals Comm. Minutes of December 14, 1982 Variance to reduce the parking stalls to 800 for Lyndale Terminal Company (Holiday Warehouse), 250 57th AvenueN.E ............. . ....... .... .. .. . 3I - 3N Appeals Comm. Recommendation: Minimum of�950�stalls�� with stipulation Council Action Needed: Consideration of recommendation TO BE CONSIDERED WITH PLAT AT NEXT MEETING �WORKS ACTION NEEDED: Put item on next agenda for consideration C. Item from Appeals Comm. Minutes of October 12, 1982 � (Tabled at petitioner's request) Variance to increase square footage of free standing sign, Lampert Building Center, 7600 Highway 65 N.E., GordonAspenson ........ .. ............. .............. 30 - 3U �peals Comm. Recommendation: Deny by 3.to 2 vote Planning Comm. Recommendation: Denial Council Action Needed: Consideration of recommendation Concurred with recortmendation of Commissions for denial on 3 to 2 vote PUBLIC WOR ACTION NEEDED: Inform applicant of Council denial � COUNCIL MEETING, JANUARY IO, 1�83 • I NEW BUSINESS (CONTINUED) PAGE 3 RECEIVING CATV ADVISORY �OMMISSION MINUTES oFNovEMaER18,1982,,,,,,,,,,,,,,,,,, 4-�IF Minutes received ACTION NEEDED: File for future reference CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO DIFFERENT A6ENCIES AND RECEIVING LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1, 1983 AND CONSIDERATION OF A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY. .�� S— 5 F ADOPTED RESOLUTION N0. 1-1983 Designating Councilman Hamernik as Director and Councilman Barnette as Alternate Direttor to Suburban Rate Authority . Appointments made to the different agencies PUBLIC WORKS ACTION NEEDED: Contact Commissions to see who is interested in serving another term on the Commission if their term is expiring CONSIDERATION OF A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY. .�...�� 6— 6 A Resolution No`. 2-1983 adopted CENTRAL SER . ACTION NEEDED: proceed as authorized � CONSIDERATION OF A RESOLUTION DESIGNATING AN OFFICIAL I��EWSPAPER FOR THE YEAR 1983� � . � . . . . . % — % A Resolution No. 3-1983 designating the Fridley Sun as legal newspaper CENTRAL SER . ACTION NEEDED: Inform Fridley Sun of their designation and prepare a repart for Council on past and projected costs of legal notices in the Sun and projected costs if they were printed in the Community Section of the Tribuen PAGE � i � I NEW BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS. . . � . . . . � . . . . � . $ Resolution No. 4-1983 adopted _ ACTION NEEDED: Make arrangements for meetings as scheduled CONSIDERATION OF A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL W0, 49, AFL-CIO iPUBLIC WORKS AND PARKS) • FOR 1983-1984, , , , , , , , , , , , , , , , , , , , , 9 - 9 0 Resolution No. 5�1983 adopted CENTRAL SER . ACTION NEEDEO: Send executed copies of resolution to appropriate parties COUNCIL COMPLIMEN7ED PERSONNEL ON PERFORMANCE DURING RECENT SNOW STORM PLOWING CONSIDERATION OF A RESOLUTION REOUESTING THE POSTING OF '�NO PARKII�G" SIGNS ON ARTHUR STREET �P�SAS 33E) BETWEEN MISSISSIPPI $TREET AND CAMELOT LANE. � � . � . � . �. . . � , , . . � � , , , IO -� 10 G Tabled to next meeting PUBLIC WORK ACTION NEEDED: Staff to bring back further information on street assessing j POtICE DEP7 CONSIDERATION OF A RESOLUTION AUTHORIZING SUB- MISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - FRIDLEY D�W.I� PROJECT� �.�� 11 - 11 A Resolution No. 6-1983 adopted ACTION NEEDED: Have application executed and forwarded to appropriate parti s PUBLIC WORKS PUBLIC WORKS CENTRAL S LENTRAL S ENTRAL SERV. TING, �ANUARY IO, I9H3 NEW BUSINESS (Co�TtNUEn) PA�E 5 REJECTION 0� BIDS FOR FRIDIEY COMMUNITY PARK SPORTS �IGHTING PROJECT AND AUTHORIZtiTIaJTO RECEIVE P�EW BIDS FOR AWARDING THE CONTRACT. � . . . . . . . . . .. . . . � IZ Council rejected bids received and authorized advertisement for � new bids for lighting project ACTION NEEDED: Proceed with advertising for bids. Inform all previous b.idders of Council action 0 RECEIVING BIDS AND AWARDING CONTRACT FOR REPAIR OF WELL �0, Z iBIDS OPENED �ANUARY 5, 1983, 11:00 A.M,) AND RECEIVING BIDS AND AWARDING CONTRACT FOR REPAIR OF WELL N0� ��BIDS OPENED �ANUARY S, 1983, 11:00 A. M, ) , . . � . . . . . . . . . . . . . . . . . . . Soth bids awarded to low bidder, Keys Well Drilling Company ACTION NEEDED: Inform all bidders of Council action ESTIMATES� � . Approved ACTION NEEDED: � � � . � . . � � . � � . . � � . � � � Pay estimates , 13 - 13A 14-1�tC CLA I MS . . . . . . . . . . . . . . . . . . . . . . . . . 15 Approved ACTION NfEDED: Pay claims LICENSES . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 A Approved Issue licenses ACTION NEEDEO: . . DJ1� OU RN: SEE NEXT PAGE FOR ADDED ITEMS � �. COUNCIL MEETING, JANUARY 10, 1983 ITEMS ADDED TO THE AGENDA: PAGE 6 ; 1. CONSIDERATION OF SEEKING ASSISTANCE FROM ANOKA COUNTY SOIL AND WATER CONSERVATION QISTRICT REGARDING SOIL ANALYSIS: PUBLIC WORKS PUBLIC WORKS Administration to request this study ACTION NEEDED: Request study 2. RESOLUTION N0. 7- 1983 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF TNE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1983-1 Resolution No. 7-1983 adopted with the deletion of Capitol Street. ACTION NEEDED: Delete Capitol Street from the Project 3. RESOLUTION N0. 8-1983 RECEIVING THE PRELIMINARY REPORT ANO CALLING A PUBLIC NEARING ON THE MATTER OF COtVSTRUCiION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1983-1 RESOLUTIOIV No. 8-1983 adopted with deletion of Capitol Street PUBLIC WORKS ACTION NEEDED: Proceed with calling public hearing as authoriied 4• RESOLUTION N0. 9-1983 ORDERING PRELIMINARY PLANS, SPECIFICATIONS ANO ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1983-4 PUBL IC WORKS Resolution No. 9-1983 adopted ACTION NEEDED: Proceed as authorized 5. RESOLUTION N0. 10-1983 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVE- MENT PROJECT ST. 1983-4 PUBLIC ; WORKS IPOLICE DEPT. Resolution No. 10-1983 adopted ACTION NEEDED: Proceed with calling public hearing as authorized 911 EMERGENCY NUMBER: Council questioned how it should be used Staff is to check into this matter ACTION NEEDED: Prepare outlire on use of 911 system ADJOURNMENT: 9:55 P.M. 0� FRIDLEY CITY COUNCIL JANJARY 10, 1983 - 7;30 P,M, PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES; COUNCIL MEETING, DECEMBER ZO, 1982 ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: DENNIS L� SCHNEIDER, WARD II IADOPTION OF AGENDA; OPEN FORUM, VISITORS: �CONSIDERA7ION OF ITEMS NOT ON AGENDA - 15 MINUTES) PUB LIC HEARINGS: PUBLIC HEARING ON FINAL PLAT, P,S� #gZ-OZ, SAGA SUB- DIVISION, LYNDALE TERMINAL COMPANY, Z5O ��TH PLACE .�� 1- 1 A �'nii�irT� MCCTTwt/'_ IA�IIIADV 1(1 1QS2� „, ,. , . PUBLIC HEARINGS (CoN-riNUED) pnr_r i . , .., � PUBLIC HEARING ON THE ISSUANCE OF A LIQUOR LICENSE TO STUART ANDERSON�S CATTLE RESTAURANT �SAGA CORP�)� �� 2 NEW BUSINESS; RECEIVING PLANNING COMMISSION MINUTES OF DECEMBER 22, 1982, , , , , , , , , , , , , , , , , , , , 3 - 3 U A. Preliminary Plat, P.S. #82-02, Lyndale Terminal Co., 250 57th Ave. N.E.. ..... ..... . ........ 3- 3D Planning Commission Recommendation: �Approval�with 3G - 3H stipulation (buncil Action Needed: Consideration of Recommendation B. Item from Appeals Comm. Minutes of December 14, 1982 Variance to reduce the parking stalls to 800 for Lyndale Terminal Company (Holiday Warehouse), 250 57th Avenue N.E ............. .......... ..... . . .... .... 3I - 3N Appeals Comm. Recommendation: Minimum of�950�stalls with stipulation Council Action Needed: Consideration of recommendation , r. C. Item from Appeals Comm. Minutes of October 12, 1982 -- (Tabled at petitioner's request) Variance to increase square footage of free standing sign, Lampert Bui7ding Center, 7600 Highway 65 N.E., Gordon Aspenson ........ ............ .................. 30 - 3U Appeals Comm. Recommendation; Deny by 3 to 2 vote Planning Comm. Recommendation: Denial Council Action Needed: Consideration of recommendation �OUNCIL MEETING, �ANUARY 1�, 1983 PAGE 3 NEW BUSINESS (CoNTiNUEn) RECEIVING CATV ADVISORY �OMMISSION MINUTES oF Nov�MSER 18, 1982, , , , , , , , , , , , , , , , , , 4 - 4 F CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO DIFFERENT AGENCIES AND RECEIVING LIST OF COMMISSION P�EMBERS WHOSE TERMS EXPIRE APRIL 1, 1983 AND CONSIDERATION OF A RESOLUTION DESI�NATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY� ... S- 5 F CONSIDERATION OF A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF �RIDLEY� � � � � � � � . 6 - 6 A � CONSIDERATION OF A RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1983� � � � � � � � � � ' % A .• •� NEW BUSINESS (CotvTtNUED) CONSIDERATION OF A RESOLUTION DESIGNATING TIME AND NUMBER OF COIfNC I L MEET I NGS � � . � � � � � � � � . � � � 8 PAGE 4 CONSIDERATION OF A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO iPUBLIC WORKS AND PARKS) FoR 1983-1984, , , , , , , , , , , , , , , , , , , , , 9 - 9 0 CONSIDERATION OF A RESOLUTION REQUESTING THE POSTING OF "NO PARKING" SIGNS ON ARTHUR STREET � (P�SAS 336) BE-rwEEN MISSISSIPPI STREET AND CAMELOT LANE � � � � � � � � � � � � � � � � � � � � , 10 - 10 G CONSIDERATION OF A RESOLUTION AUTHORIZING $UB- MISSION OF THE GRANT APPLICATION AND EXECUTION OF 7HE GRANT AGREEMENT - FRIDLEY D�W�I� PROJECT� ��, 11 - 11 A �_ r r �� + i _ � : i r � � � i � M � � � � 71y: � / • : The Regular Neeting 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 Allegiance to the Flag. jtOLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick� Councilman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETINC� DECF�'IBER 6. 1982: Councilman Schneider requested a correetion on Page 6, paragraph 5, second line to change the rrord "�orking" to "wording". MOTION by Councilman Fitzpatrick to approve the minutes with the above correetion. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTZON OF AGENDA: The following two items rrere added to the agenda after Item 13• "Consideration of a Resolution to the Mayor of Fourmies, Franee" and "Request Dy the Human Resources Commission to make an application for a �1�000 grant". MOTION by Councilman Schneider to adopt the agenda xith the above additions. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �PEN FORUM. VISITORS: There Was no response from the audience under this item of business. Mayor Nee asked the Public Works Director, !�lr. Flora, to address the question of pollution in the City in light of the publicity Fridley received nationally regarding the FMC hazardous xaste site. � � � • 1 7�y : � � Nr. Flora stated the City has been aware of a possible contamination at the FMC property, as they had a burning pit there during the 50's and 60's to dispose of materials. He stated since this has come to the attention of the Pollution Control Agency, F!�!C has been cooperating With the agency to determine what is in the pit and to xhat degree it has contamiaated the aoil. He stated they are studying the site, the Hiasiaaippi River, adjoining property� and the City�s municipal well. Mr. Flora stated there is no contamination in the City Water system, horrever, there is some contamination in the private wells of FMC. He stated FMC has received approval from the !lWCC and the MPCA to use this Water for industrial purposes and discharge it into the sanitary system. Mr. Flora stated nine barrels of material have been found in the old site, but the material hasn�t been identified. He 21�rther stated there is some contamination in the soil and, at this point, they are trying to determine to What extent it is leaching through the ground and what preventative measures can be taken. Mr. Flora stated the State did identify a number of sites that have contamination, to the Environmental Protection Agency. He stated Lhe system used in scoring these sites takes into consideration ground and surface water contamination, the type of risks, and the population affeeted. He stated that the FMC site received the most points and, therefore in the Environmental Protection Ageney rating scheme, came out numDer one. ., Mr. Flora stated, as far as the Minnesota Pollution Control Agency is concerned� this site is not the Worst in the State. Mr. Flora stated FMC is continuing to work to identify the problem and arrive at a proper solution. He further stated the Cfty's well system, as xell as the Minneapolis water Works, is checked tWice a month With the latest equipment developed for analyzing xater samples. Couneilman Schneider stated there is also a potential problem in the Medtronic/Onan area and asked iP this site came in at a higher rating. Mr. Flora stated the Medtronic/Onan sitie vas rejected for funding by the Environmental Protection Agency. He stated the reason the FMC site received such a hi.gh score Was because of the ground and surface Water contamination, the potential risk, and population affected. Mr. Herrick, City Attorney, stated he talked to the Pollution Control Agency Director and he confirmed What Mr. Flora had atated. He stated he asked about testing the Fridley �+ells and the Mississippi River Water. Mr. Herrick stated there Were traee amounts in the Fridley Water, but they Were so minute they couldn�t be measured and, as far aa the Mississippi River �rater, the amount that xould be permitted xas 27 parts per billion and the most recent and highest measure was 2/10 oP 1f per billioa ao it Would be less than 1x of the amount that xould be permitted Por safe drinking. � 1 r \ � 1 JIY : � 1 � s Nr. Herrick stated he has recently sent a copy of three reports eoncerning the FMC site and Hedtronic and Onan sites to the City Manager�a office possibly the Council i+ould like to review them. Councilman Barnette asked Who would pay Por this to be eorrected. Mr. Flora stated the designation of the FMC aite may Qualify for assistance under the EPA superfund projeet, probably if they fiad expensive oorrective measures are required. He atated the Medtronie and Onan sites are loeal problems vhich Will have to be addressed aeparately. Mr. Herrick stated he thought the Federal and State governments look at the landowners and, if they aren't capable of handling it, then some superfund money might be made available. � � , � �: 1 9RD�hANCE NO 766 ADOPTING A NEW CHAPTER � ERTITLED "PERSONNEL" ANB $�P�ALTNG OLD GHAPTER � OF THE FRTDLEY GTTY CODE SN ?TS ENT?RETY: MOTION by Councilman Schneider to Waive the second reading of Ordinance No. 766 and adopt it on the second reading and order publication. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ��JNSTDERATT02� OF A SPECIAL USE PERMTT SP #62-11. PARK CONSTRUCTIOH�_�Y CARL OLSO�,, TO ALLOW THE USE OF A CRUSHER T� REGLATM CONGRETE. T90d BEECH ,�TREET (TABLED 12/6/82): Mr. Flora, Public Works Director, stated Park Construction has requested a special use permit to locate a rock crusher on their property to recycle concrete. He stated the Planning Commission has recommended approval of this special use permit and staff has identified three additional stipulations to be considered. They are as follows: (1) The City �ould be a1loWed to dump their Waste eoncrete material at this site at na cost With credit; (2) Park Construetion Would take necessary steps to insure the City and State dust, noise, and environmental limits are not exceeded; and (3) The rock crusher generators and stock piles would be located as far northeast of the Burlington Northern Railroad tracks as possbile. Mr. Prairie� representing Park Construction, stated from the northeast corner of their property, it is 1,160 feet to the nearest home and the businesses are about 100 feet closer. He further stated, there aren't any tenants closer than 800 feet. !�lr. Prairie stated they estimate about 12,000 tans oP eoncrete a year trould be crushed and felt it xould take about four xeeks to accomplish this operation. He stated, therefore, a permit xould probably only be needed for three to four Weeks out of the year. He felt it xould also be better to do this operation in the xinter. � � y � • 1 JY : � 1 Covncilman Sehneider questioned �hy the winter rrould be a better time. Mr. Prairie ataLed Decause people Would have their WindoWS ahut, and pointed out a similar operation at the airport xhere he stood about 800 feet aWay and couldn�t even hear the operation and there appeared to be very little dust. ' Councilman Hamernik asked if they eould sprinkle in the winter, if there ia a problem With dust. Mr. Prairie indicated it woulda't De possible. Councilman Schneider stated it appears the biggest concern xould be the dust from his type of operation and asked if there are any standards. Mr. Flora stated in the City�s Zoning Code, the State Code is adopted Which does address the dust problem, but didn't know exactly vhat criteria was used. Mr. Herrick, City Attorney, stated he felt what was used �as an opacity test and the question of Whether the dust is thick enough to signif icantly obstruct viexing of a cone or Whatever Ss used. He felt it probably Wasn'L the most scientific test, but probably the best one avail able for that partieular kind of situation. Mr. Qureshi, City Manager, questioned the height of the stock pilea, after the concrete is crushed. Mr. Carlson stated they Would be 30 feet high. Mr. Qureshi stated there is the potential for the Wind to b1oW this material� as it wouldn't contain any groWth to hold down the dust. Mr. Carlson stated, after vie�ing Lhe airport site and a similar operaton, he didn't believe the dust problem Would be any great detriment to the community. Mayor Nee questioned what creek would receive the drainage from this area, and Mr. Flora stated the drainage goes into Stonybrook Creek. A motion Was made by Councilman Hamernik and seconded by Councilman Barnette to take this item off the table, and Councilman Hamernik repeaLed the folloWing motion� Which was made at the December 6, 1982 meeting, and noK on Lhe floor. � MOTION by Councilman Barnette to grant special use permit, SP #82-12 Lo Park Construction for only a one year period after that period it is to be revieWed and re-evaluated and, tlirther, that the City be allor+ed to dump Waste concrete material at Park Construction's storage site. Seconded by Councilman Hamernik. Councilman Fitzpatrick asked fP a shorter permit could be granted rather than for one pear. • . r � • s �,��: ; � pAGE 5 Mr. Carlson atated he didn't knox if Lhey Would have enough concrete a year from nox to even crush it, as it takes a while to let the contractor's knox this site is available for crushing concrete, !!r. Prairie stated the Council may xish to consider giving the special use permit for one crushing operation and then the Council could view the operation. Mr. Csrlson stated they intend to get into the business because of the State program, but it didn't mean a crusher Will be on this site. MOTION by Councilman Barnette to amend the motion to grant the special use permit, SP #82-12 only for the period from March 1, 1983 to February 28� 198u and re-evaluate the permit at the first regular meeting of the Council in March, 1984, providing there has been one crushing operation at that time. Further� that the City be alloxed to dump their xaste conerete material at this site at no eost aith credit; Park Construction Weuld take necessary steps to insure the City and State noise, dust, and environmental limits Were not exceeded; and the rock crusher, generators and stoek piles would be located as far north and east on the property as possible. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated there is the potential some of thls material may get into Stonybrook Creek and felt it was reasonable for Park Construetion to meet �he standards and criteria of the Rice Creek Watershed District. Mayor Nee stated he felt this was imperative since the dust may be a serious consideration for adjoining properties. Mr. Qureshi stated, that the requirements to be followed is that, there should be no dust problem beyond Park Construction's property lines. MOTION by Councilman Fitzpatrick to amend the above motion by adding that the same standards regarding run-off be applied to this site, as applied in the Rice Creek Katershed area. Seconded by Councilman Barnette. Mr. Flora stated What is required is some sort of detention pond f or surface �rater on the site and a Weir to filter the water before it goes into the stream. Mr. Prairie asked if this �ould be required if there isn�t any problem. Mr. Qureshi stated these standards are applied for any neW development and before any Water goes into the creek, it is detained and goes through a filter system. Mr. Carlson felt this operation should be monitored for a year and iP it poses a gr�at problem, they Would Work With the City Engineer to take immediate action to correct it. � � . , � � �,�: ; � �:� PAGE 6 Councilman Schneider asked if they Would be willing to pay the City for costs that might be connected with this operation in the event it does become a problem. Mr. Carlson stated he was not xilling to put fn a dollar amount or to aasure this, but they have insurance coverage if they Were destroying an adjacent property. , Mr. Flora stated, peraonally, he didn�t think this would be an expensive item to provide the detention pond and Weir as park Construction probably already has 95x of this on their site. Mr. Carlson stated he is not asking for a permit to pollute any Water, but didn't xant Lo go into an expensive system. He stated, if it is something xithin reason, they Would be Willing to cooperate With the City. OPON A YOICE VOTE TAREN ON THE ABOVE AMENDMENT TO THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye� and Mayor Nee declared the motion carried unanimously. �f. � 1: �1 � i �iY�Y � �: �\ el . i� : 11 1 / ' i• ! � � . \ i � j • i i � i � � \ + � � f ' � 1 • HOTION by Couneilman Fitzpatrick to concur With the unanimous recommendation of the`Parks and Recreation Commission and Planning Commission to put Jay Park on the list of those that Would have a general skating area in the 1983-8�t season. Seconded by Councilman Barnette. Councilman Schneider questioned what criteria Was used in determining ahere an ice rink should be provided. Councilman Fitzpatrick stated one of the points made in this paticular requesi is that there are 50 to 60 elementary sheool children and when the decisions were made where to provide ice skating areas. these children uere pre-schoolers. Councilman Hamernik stated the Commission felt the area is bounded by major artery areas and not convenient for those children to Walk to other areas. UPON A VOICE VOTE TAKEN ON THE ABOYE NOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �� 1 i; •� � • � � 4r � � � i ��M�r � i �}1 . HOTION by Councilman Fiizpatrick io table this appointment to the Energy Commission. Seconded by Councilman Schneider. Dpon a voice vote, all voting aye, Mayor Nee dec2ared the motion carried unanimoualy. a/ ` J� � "" A ; `, � �: , , � � 1 1 �Y � i P�GF�-T. : Public Korks Director� stated the property is located betWeen Mr. Flora, Mr. and Mrs. Brigadoon Placeeaues�ed�the lotdbe splltaindorder�toeProvide another Morley, have r q uirements, Duildable lot. He agement forsstreets andlut lities.iAg req inaludin8 a 25 foot e Nlr. Flora stated the Planning Commission has recommended approval of the lot split, hoWever, staff xould re ted thereiis a�considerabletamountlof split, the drivexay be paved. He sta expense involved With driveWays that a d ndecrease esafety on tthe traveled street maintenance, seWer cleaning, street. CouncilIDan Schneider stated he recognizes there is a financial hardship involved With this request. debris from their Mrs. Morley stated there is no Way any of the sand or ogite occurs driver+ay goes onto Osborne road and, in fact, just the opp because their lot is lower than the street. �. Qureshi suggested possibly they could provide this paving at the time Osborne Road is improved. MOTION by Councilman Schneider.to concur With the �i�h ��e �derstanding planning Commission and grant lot split, I.S #82'07+ that a�500 park fee Will be paid at tc@ vote,talll votinggaye, MayornNee by Councilman Fitzpatrick. Upon a voi deelared the motion carried unanimously. ' , T� EASED FRC1M 1u� _ Q A E �.' =-� ocnstiF�T FOR A t�T111�r1T hr SIGI� TO- BE n asr,N. 755 ..T �.., a� ennED T•� -- �..�.--- irector, stated the current si8n ordinanne Onm�he Mr. Flora, Public it orks D buildi g free standin8 siBns to 80 square feet. He explained the south portion of Target has been fromet�eostreet�,etheyaarecrequestingutc of the distance they are located put their sign underneath the Target si8n• the City issued a sign permit to allox Targetthe Mr. Flora stated ivare6foot sign, hoxever, When the sign was redone, construct a 31� s4 square footage Was redueed t� e1feet to theFaign making attotal of 216 requested noW is to add 72 squar square feet. � � v � • 1 }Y : � 1 Mr. F1ora atated Lhe Appeals Commiasion did recommend approval of this variance. MOTION by Councilman Hamernik to concur xith the recommendation of the Appea2s Commission and grant the variance for the free staadiag sign Lo increase it from 14� aQuare feet to 216 square Peet. 3eaonded by Councilman Fitzpatrick. Opon a voiee vote, all voting aye, Nayor Nee declared the motion carried uaanimously. 5 C APPF.A/.S CEN�IMTSSTON 7T�_ MEETiNG OF NOV�lBER �0. 1982 - VARiANCE RE UEST FOR A FREE STANDTNG STGN TO BE TNCREASED FROM 159 SOUARE FEET TO 7 91 SQj1ARE FEET. GRADY Me�QRKEL,� ARROW SIGN COMPANY FOR AtIRGER R?NG. 6410 UN?VIERSITY AVENUE: Mr. Flora, Public Works Director, stated free standing signs are limited to 80 square feet under the sign ordinance. He explained the request from Burger Ring is to add the addition of a reader board to advertise their sal es. Mr. Flora stated in 1969, the City approved a 159 square foot sign� boxever, it was recently brought to their attention the sign was increased Lo 191 square feet, with the addition of the reader board. He stated Burger Ring was advised to come in and request a variance for this sign. Mr. Flora stated the Appeals Commission felt there was a proliferation of signs in this area and recommended, through the Planning Commission, denial of this variance'to which the Planning Commission concurred. . Mr. Ranek, representing Burger King, stated the 15g square foot Burger Ring sign had an additional 2 x 12 foot "drive through" sign underneath it. He stated they removed the "drive Lhrough" sign and ia its place, put up a 32 square foot reader board. He stated, When the corporation decided the reader board Was necessary, they instructed the sign eompany to get the necessary permits before they put it up and, apparently, these permita Were never taken out. Mr. Ranek stated, basically, they are requesting a 5x iacrease in the square footage and What Was presented to the Appeals Commission was a variance Prom 159 sQuare fe@t Lo 191 square feet, but rrhat they now have is 167 square feet. Councilman Fitzpatrick questioned the figure of 191 square feet. Mr. Flora stated the sign permit a1loWed a logo ("Burger Ring" sign) and after the logo �+as installed, a Rdrive through" sign of 2� square feet xas put up, hoxever, the City looked a this �drive through" sign as a directional aign� and did not require a permit. He stated this directional aign of 2�1 aquare feet Was replaced xith the reader board sign oP 32 aquare feet, making a total oP 191 square Peet (159 square feet for the logo sign and 32 square feet for the reader boardj. �OUNC?L• MEET NG OF DECQ�lBER 20, 1 q82 PAGE q Mr. Ranek stated he understood tbe "drive through" sign xas included in the 15g square Peet. Nr. Flora explained that this was an additional 24 aquare feet to the logo sign. Nr. Ranek stated, since the reader board sign has been there, they have aeen a 30x increase in sales. He explained this atore ia aot one of the better ones, as far as sales, so they welcome the increase. Councilman Schneider asked about the possibility of reducing the logo aign. Mr. Ranek stated they Kould be spending more money� iP they reduced the existing logo sign, and it Would eliminate the limited visibility they have nox. Mr. Ranek stated the increase in sales is good for Burger Ring� as well as the community, as they hire more people and inerease the tax base. He stated they currently employee 60 students, as well as housewives who xork on a part-time basis. Mayor Nee asked if the sign company installing this sign xas licensed in Fridley. Mr. Flora stated they xere licensed, hoWever, he is presuming xhen they removed the "drive through" sign and replaced it With the reader board, they thought it Was a ope-for-one exchange. He stated Lhe sign company should have come in for the permit. Mr. Ranek stated the sign company xent to one of the city inspectors explaining What they xnted to do and they were� basically, told that it was a one-for-one sWitch, and to go ahead and they didn't think there �rould be any problems With it. Councilman Fitzpatrick stated the reader board does change the character of the sign from a directional sign to an advertising sign. Mr. Ranek felt they do have a hardship� as they don't �ant to elose any stores, and the reader board has added at least 30x to their sales. Councilman Hamernik asked Hr. Ranek if he felt this sign Would be for a short term. Mr. Ranek stated he didn't feel it xould be, as the company continues to come up rrith different menu items and promotions for Which the reader board is used. Councilman Schneider asked at what point in time they xould be willing to come into compliance xith the ordinance to reduce the signa to 80 square Peet. Mr. Ranek stated he �as not araare this is a requiremeat. Councilman Schneider stated if they xere to Duild a Burger Bing in that location today, the maximum size of the sign a1loWed xould be 80 square feet. � � � . � � � �M: ; � PAGE 10 Hr. Yancey, representing Burger l�ing, stated if the Center City project goes through, they Will build their store in another location and all the requirements of the ordinance xould then be met. Councilman Schneider asked if they would be Willing to briag the sign into compliance in tt+o years. Mr. Ranek stated if the Center City project does not go ahead, they would be willing to come into compliance with the sign ordinance in tr+o years. Mr. Ranek stated he Would ask the Council to take a second look at the hardship they are facing and What they have been able to accomplish With this aign in order to alleviate that hardship. He stated they are trying to stay in business and keep people employed, and didn�t knoa if this xas brought out at the Appeals Commisaion meeting. Mr. Aanek stated he Was sure the figures of a 30x inerease in sales� with the addition of this reader board, Were not available at the Appeals Commission meeting. Mayor Nee asked if they could recoup their costs for this sign in six months. Mr. Ranek stated this is normally aet up over a tWO year period. Mayor Nee stated he hated to see them lose by eliminating the sign, but has a problem as they xill probably reeeive similar requests from all over the City. Councilman Hamernik suggested a deadline date of September 1. 1983 where they either come into compliance With the ordinance or take down the reader board aign. Mr. Ranek stated he Would be in agreement with Councilman Hamernik's suggestion of having this sign until September, 1963 and at that point, either take doWn the reader board and put the "drive through" directional sign baek up or come into compliance r+ith the sign ordinance. MOTION by Councilanan Hamernik to al1oW Burger Ring until September 1, 1983 to either bring their sign into complianee with the 80 square feet or take down the reader board. Seconded by Councilman Fitzpatrick. Councilman Sehnefder felt staff should aend a letter to the sign company asking What happened in this case or, iP it is a City problem, find out �►ho the sign company had contacted in the City. OPON A VOICE VOTE TAREN ON THE ABOVE MOTION� all voted aye, and Mayor Nee declared the moLion carried unanimously. HOTION by Councilman Schneider to receive the minutes oP the Planning Commission Meeting of December 8, 1982. Seconded by Councflman Barnette. IIpon a voice vote, all voting aye� Mayor Nee declared the motion carried unanimously. i � � r � � � �t � � Y � � r Y � � � � �v� i �• NOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commisaion Meeting oP November 4, 1982. Seconded by Councilman � � � r . � � �,� ' ; � jAGE 11 Hamernik, IIpon a voice ♦ote, all voting aye, Mayor Nee declared Lhe notion carried uaanimously. ��,..,,..+..+.,,. �.�,.,,. ..+.n+•rre nr T E POLICE CIYIL SERVIC� rnWNTSSION NEETING OF t482t MOTION Dy Councilman Aamernik to receive the minutes of the Poliee Civil Service Commission Neeting� or �g82. Seconded by Councilman Fitspatrick. Upon a voice vote, all voting aye, Mayor Nee declared tbe motion carried unanimoualy. �� • 1� :•�� ,�•1� •i r i i � �� i i.�� i i i HOTION by Councilman Schneider to concur with the aurety bond amount� for the Fire Relief Association Secretary and Treasurer. Seconded by Councilman Barnette. Upon a voice vote, all voting sye. Hayor Nee declared the motion earried unanimou�ly. �� 1 �; •� � �� :� r: �� i� �� i: � r: Nr. Qureshi, City Nanager, atated an animal control contract has been negotiated with MAPSI for 1g83. Mr. Qureshi atated the Publie Safety Director, Mr. Hill, feela it is a reasonable contract� under the present conditions. He pointed out if the City comes up with aomething better, the contract can be caneelled in 30 days by either party. Nr. Qureshi stated HAPSI has provided aervice to the City for a numDer of years� however, it ia now recognized and they are under oxnership. NOTION by Councilman Barnette to approve the contract negotiated �rith NAPSI for animal control aervices for 1983• Seconded Dy Councilman Hamernik. Upon a voice vote� all voting aye� Nayor Nee declared the motion carried unanimously. i � � . �� . i � � � i � � i r : �� i , � � �' � 1 MOTION by Councilman Schneider to receive the Dids. PropertT- Casualt� Actual Amounta 1982 E217,412 Home Rice Creek �161,96� Home Liquor �2150 Iacluded Jefferaon Transcontinental E154,4t3 Home =5578 Carolina Caautlty � � r \ � 1 }r � i � ' •T� (BIDS CONTINUED) Ombrella Publie Ofticiala (=1,000,000) Poliee Professional (�500,000/claim) Property- Casualty LiQuor Ombrella Public Officiala (�1�000,000) Police Professional (=500,000/clais) =9790 Hidland �3962 Western a10�870 Transit Casualty �2u4,184 T.C. Field �1g0,413 L1�fCIT a59oo T1�rin City Fire (�1�500,000) a3o35 LMCIT (�500,000) Iacluded f5000 Integrity �1000 +�100 ca�,5oo,000) i3678 Interaational Surplua Linea �2835 Atlanta International (�100,000) or ��785 American Home �176,527 Relly None �5150 St. Paul �6922 St. Paul pAGE 12 ;2200 N3ssion (�1,000,000) �3008 Western =4�g0 Jefferaon or �6000 Transit Casua2ty E169,689 U�ICIT Nat'1 Union Employee Benefit =190,542 Included None E3o35 LMCIT (�500,000) Included? � �199�348 a�1000 additional for �300,000 instead of �500,000 underlying limits and �100 for poliee professional eoverage b a�6,,sb9 T.551 a,5�,a,3 � 1 M 1 � 1 }y : � 1 ' : Seeonded by Councilman Barnette. Qpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Inman, City Clerk, stated the Council has a memo from the City Manager regarding the comprehensive reviev made of the City's riak management procedures. He further stated that he� Jim Hill� Bill Hunt� and Tony Roach aerved on a apecial task force for this purpose and the city contracted with Control Data Business Advisers, Inc. and Dr. Whitman� as a special consultant, in draWing up bid specifications for the insurance package and evaluating the bids received. Mr. Inman stated the City has rebid the entire insurance package� although not required to do ao. He stated, based on the low bid from Transcontinental Brokers, it is recommended they be arrarded the bid for all City insurance coverages. Mr. Inman stated there Would be a final submission of documents xhich Will not materially affect the bid amount, and pointed out this bid will amount to a savings of �74,b95 over the premium for 1982. Dr. Whitman� special consultant, stated the coverages are basically the samet but there are some improvements in certain areas. Mayor Nee stated cutting the cost by about �70�000 certainly suggests they were overpaying last year or won't be adequately covered aow. Dr. Whitman stated the cost reductions resulted from several things; a Well-managed bid process, competition right noW With the insurance eompanies� as well as a better loss experiance in going into this Did process� particularly in the area of xorkmen's compensation. Ms. Barb Aune, 389 Rice Creek Terrace� representing the Rice Creek Agency, stated she Would like to propose that the insurance for the City be split between their agency and Transcontinental Brokers for the following reasons: (1) the insurance has been split for the past three years �ith no problems and Lhey have been xriting the umbrella and Transcontinental Was Writing the rest of the insurance; (2) they feel they have been unfairly treated in the past in regard to the City's insuranee; (3) the Rice Creek Agency is a Fridley business and everyone in their off ice lives in Fridley, and she and Jim Black have lived in Fridley for the past 20 years and had their Dusiness here for this period of time; (4) they are located next door to the City Hall and in an excellent position to be in daily contact With the City's insurance needs; (5) details of the insurance program can be initiated between them and Transcontinental Defore the expiration date of January 1� 1983� (6) the City has the option to change insurance agents at any time; and (7) the City has an obligation to support Fridley businesses. She questioned hos� the City can expect the Center City pro�ect to succeed Without supporting local business. She stated the Rice Creek Agency is in Fridley and their personal investment in the Center City project sho�rs . . - . •- , . . � . , � � a ; � Lheir loag-term commitment to Fridley. She atated tbey are part-ownera la the new Plaza office buildidg and plan to move Lheir oftices into this building when completed� and the R1ce Creek Agency would like the opportunity to vork bard for the City. Councilman Schneider aaked if they could provide the aame servicea for the same priee. Ma. Aune atated their Did ia higher Decause it includea the liquor liaDility and tbeir quote was from another company. Nr. Black of the Rice Creek Agency atated the liquor liaDility ia alxaya in a aeparate policy. i�e atated Tranacontinental'a bid was =6o�oao and theirs was =62,000. Mr. Black atated they vere a�sured by Home they were getting the same quote as Transcontinental. Dr. ilbitman stated at the Dottom ot Table 3, under footnote b, there i� a tigure of �7�551 xhich ia r+hat Home charges for the liquor liability. He atated Transcontinental obtained tbe aame kind of coverage, through another carrier, tor a 2ower premium. He atated the City eanld take Lhe liquor coverage with Home or Carolina Casualty, as the coverage la the aame. l4r. Dale Hadtrath, representing Transcontinental Brokera, atated he has lived in Fridley for 25 years and has tried hard to aervice the City on their insurance needs. He stated the Tran�continental bid ia =6�000 lower and the Riee Creek Agency would De paying another agent or eommisaion to go through !�^anseontinental a� a broker. Mr. Inman, City Clerk, atated the umDrella was previously awarded to the Rice Creek Agency because they were the low bidder and pointed out, the umbrella doesn't require any correspondence WSL6 the company, other than passing the original check� unlesa there were aome claims. He stated if the Council was to �plit the bid� he would like s chance to comment on the administrative problems. Mr. Herrick, City�Attorney� atated the City ia not required to bid Lhe insurance, but once it is bid, the council is required to make the aWard to the lox bidder. He stated if there was an axard of coverage to anyone, other than the lov bidder, this maq be s proDlem. Mayor Nee stated another question la if they can amend the Did, after it ia received. Dr. Mhitman atated aeveral parta of the bid are focuaed oa the capaDilities of a aerv3ciag ageney and ihe aervice an ageat �an provide. He stated the specificationa not only deal �rith price, but alao aervice and coverage. . • _ l� � erience of ��° the �x�s' � lot more in a tbat is imp°Tt°At is of tbe �e th 6 Tren�continent aLated °AO Dest Ae ststed ope of e of bualaesa and Dr. Whitmaa oDtai� �h� �6ercy in this tyD Duainesa. tbey pave overnmentsl to searcb tbe market abusi��a� ezPerieA�� ia e �Y providagent has a lar6er vol�e of �n�tions �t� servicin8 covers6e � price and. wer. littin6 the �ore bar6ainin8 Q° aome Problems in ap ere WeTe `MO ere bas beea aroae because � the City ia �d tb�s probab1Y is IDind �.. �itman stated tr doubt ia h a duplication, is pot ��ere W� enta. Ne stated there , IDany ent diffe� hav � o� principal aervicin6 � bidiag procedure for Dett 1oWing �hia to hire consultants, e bas been fol round it necessary be peeded• �e felt continually ehan6e may rocedure, and th �.� pllack ste�Ci Y h� Lhat � a whole p years and th enoug City ht�s� � reagOn es bein8 made in the cificatiors• �d Lhis is aome mistak draWinB up the aFe a there MeT'e eapable or Will be legs need for ataff ah�uld � there � list or aervices is 1� terms or aervlce� tiIDe� Dr. Whitman atated� ��ause for the first con��tan� in the future bid that coverage f it Was stiPulated iti �uld � done, however, included. ernik asked 1 atated legallY Councllman H� li�• Dr• Whitman could not be p , ood decisioo. take9 a�hen economically it isn t a g �ege specificatio �e atated te-uP and meet endation. ee that stated to Wr� deserve a comm no May he can s Dr. M�itman ents involved there 1° ere submitted. of Work and all �ust�the cost criterea�aytt►e pids �+ e doWn to � �' a�d �asualtY you com could � loW roPertY the Riee Creek ABency f or p enta that the bid pidder, Transcontin arnette to �,he low documents MOTION by Council C1`y be aWarded ri�l �ubmission of �ouncilman eontin6e�►t �pon ouat. Seconded bY insuranceroTr�i �overa8eg• bid aID e Mayor Nee declared th� grokers, a�erially a�'rect �ii �otipB sy ' Nhich W�11 nO�poD a �oice vote, , HemerniC8�ried uranimcusly• motion _ __, �r�►�np 1 `� �� -- � < Dida. Councilman Baz'nette te receiVe �1e MOTION �Y y_F1Eyp,� •, ;. . �� Colli� Electric x.�.B, g,iectric Contractors �is+r"�� i3oo,aan.00 �293 �67 �.00 =Z�s,o76.00 :253 � 6T � • 00 � � . � � � �y: ; � �: (BIDS CONTINUID) Egaa McRaq Gopher Electric Contractors Struetural Contractora Conservation Systems, Inc. Ridgedale Electric Hoffman Electric Electric Service Company Killmer Electric Company Electric Repair Berg Electric �321�082.00 �315,678.00 ;341,180.00 ;324�830.00 ;324,367.T5 i3�9,�t9.0o �338,000.00 ;34g,20o.00 �355,000.00 �344�000.00 =258,382.00 ;265,678.00 i275,157.00 =275,330.00 i278,353.00 =281,578.00 �286�500.00 i293,300.00 =300,000.00 �319,000.00 PAGE 16 The bid submitted by Bacon Electric is not Deing considered since they failed to submit a Bid Bond aa required in the advertisement and Bid documents. Seconded by Councilman Schneider. Qpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , Mr. FZora, Public iiorks Director, stated staff is currently revieWing the Dids and some alternatives. He stated they are xarking With a consultant to determine if they should readvertise or award the bid, based on the ones received. Mr. Qureshi� City Manager, atated staff felt the bids r►ere higher than anticipated and want to revieW it further. ; � �, �� •: � '�; � .:� � � ��,� : �I� �� • �� : �� Mr. Inmaa, City Clerk, stated he has been attending meetings of the Metropolitan Loser's Group vhose objective is to change the State Aid Formula. Mr. Inman stated in addition to consideration of this resolution to support a change in the State Aid Formula, a donation of a100 is requested to cover expenses of the Metropolitan Loser•s Group. MOTION by Councilman Barnette to adopt Resolution No. 104-1982 and, turther, to authorize a doaation of �100 to the Hetropolitan Loser's Group. Seconded by Councilman Fitzpatrick. IIpon a voice vote. all voting aye, Mayor Nee declared the motion carried unanimouslq. ''1- �. I 1 `�' ,_ � / � Y v�r��:.-��. _ �- __ 71y : � � ��,�; MOTION by Couneilman Fitzpatrick to adopt Resolution Secondedeb�Yeclared the motion carried unanimo sly e vote, yayor 13e �� No. 105-�982- all voting aYe� MOTION by Councilman Schneider to support the Human Resour��ant�fromsthe request and authorize the application for this �1,000 g National Yesr of Disabled p nr a� �oice avoteC� all tvo ing ayee Mayor Nee Councilman Fitzpatrick. UPc declared the motion carried unanimously. 1 �_ ,�,,�: � MOTION by Councilman Schneider to authorize payment of C1 aims No. 338566 through 351Z0?• Seconded by Coueaitihenmotianacarried unanimouslyice vote, all voting aYe� Mayor Nee declar 1 �_; �s��= MOTION by Councilman Barnette to approve the licensesCouncilmantHamerniks on file in the License Clerk'saOefiMayorSHeendeclared Lhe motion carried Upon a voice vote, all voting y� unanimously. 1 ll ESTTMAT S• MOTION by.Councilman Schneider to aprove the estimates as submitted. Smith� Juster, Feikema, Malmon 6 Haskvitz 1250 Builders Exchange Building Minneapolis, MN 554�2 For legal services rendered as City Prosecutor for the month of October, 1982 For legal services rendered as City Prosecutor for the month of November, 1982 E. A. Hickok � Associates, Inc. 5�5 Indian�Mound tiayzata, Mn 55391 professional services, November, 1982 Moore Lake Restoratian Project Seconded by Councilman Barnette. �5�625.00 ;4,862.50 = 95�.09 � � r � 1 � 71r ; � 1 •:� '�' Councilman Hamernik atated he noticed the fees for the Prosecutiag Attorney have increased. Mr. Qureshi, City Hanager, atated because of the nex drunk driving laW, iL has increased the workload substantially, however, the fines the City receives are more than what they are paying the Prosecutor. tlPON A VOICE VOTE TAKEN �i THE ABOi►E MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider Lo adJourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular meetiag of the Fridley City Council of December 20, 19$2 adjourned at 10:40 p. m. Respectfully submitted, Carole Haddad Seeretary to the City Council Approved: William J. Nee Mayor PUBIIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Nbnday, January 10. 1983 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Final Plat, P.S. M82-02, SAGA Subdivision, Lyndale Terminal Company, by Ronald A. Erickson, being a replat of Lot 13, Auditor's Subdivision No. 155. Generally located at 250 57th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Publish: December 29, 1982 January 5, 1983 WILLIAM J. NEE MAYOR �� P.S. #82-02 SAGA SUBDIVISION �� :: � �� =r. .ss = ��t �.'�� I� • P �__.�` jr��---:-.------------- .--.-....._._._--- �_, � � -"_.-_- --!_- •..�__ ------•--�RtfITT /R.. -- _. -------..± ; li ; ..- ---------.._�--- � �� -------------------- . � I I �_ '. \ �� `. ;=s-�? �I�Z � \�\ � � _ \'''t, _ � ..a��i....i-•.-,•a s+ \ —�— � , v s�j il � . .\ \ � .��\ . �� il �'� I � - �� I I \'�•�. . a � � \`, -- ---- �`�- --� i _ __- -- -� -- =---- � ��, ��; �� . — n �c i�� - � _,—_�; II ` _ { ,� � -�� -_-- - - _--J.�-; --- - -----i �� i� �: �. ,. ,-� s�� I, _�_�� __. ' � I I ; s< 1; I I I s�; I� . � � r—� I I -�: � � � - ��: � �` .��I � . ( � I \•• �i�l �. li�l �. �.="�� - �� . �� \� \� 1 1 � 1t � I. �l � � i � l� � y a c� a y � 0 C y O Z lA � � � 3 z � � � � � � _ _. _„� � � j = i I 1 . � •�� I . � i . �-j , I � ' I ' • �� „ . . I -�---I, I ' , --, . � J • � ---�' I t -------------------------------- -_.1___ ",.t'.--•--� ;I� ~~ —_ --•-----•—_�o�.�.�---------�. � � ��s --------- —�--•---------- --°----------- -° ----_--•--- .;•- - ,.� ' • I � . . . ' � � ""�6� I � � � � DOl1GLA8 MULVAMIY/w+r.r M �� M WAt �Y��rr � NlM� ■ � 2 CITY OF FRIOLEY PUBLIC HEARIN6 BEFORE THE CITY COUNCIL TO WHOM 1T MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a puDlic hearing at the Fridley City Hall, 6431 University Avenue North- east on January 10. 1983 at 7:30 p.m, on the question of issuing a regular On Sale Liquor license to Stuart Anderson`s Cattle Restaurant tSaga Corp.) for the property located at 5590 tlniversity Ave.Northeast. Anyone having an interest in this matter should make their interest known at this public hearing. SIQNEY ItIMAN CITY CIERK Publish: December 29, 1982 January 5, 1983 J. H CITY OF FRIDLEY PLANt�ING COMMISSIO�� MEETI��G, DECEMBER 22. 1982 CALL TO ORDER: Chairwoman Schnabel called the December 22, 1982, Planning Commission meeting to order at 7:30 p.m. R4LL CALL: Menbers Present: Ms. Schnabel. Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Goodspeed, Mr. Kondrick. Mr. Saba Members Absent: None Others Present: Bill Deblon� Associate Planner Robert H. Jessen, R. H. Jessen b Assoc. Architects, Palatine, I11. Jerone A. Jensen, Lyndale Terminal Co. Bill Brezinsky, Suburban Engineering, Inc.. Fridley APPROVAL OF DECEMBER 8, 1982� PLAr�P�ING COMtdISSION MINUTES: MOTiON BY MS. GABEL, SECOr�DED BY MR. SABA, TO APPROVE TNE DEC. 8, 19B2, PLAn►n�ZNC COMMISSION MINUTES AS WRTTTEN. UPON A VOICE VOTE, ALL VOTING Al'S, CXAIR�lOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATIO UBDIV1S10N, LYNDALE TER�IINAL Subdivision No. 155. the same F A PRELIMINARY PLAT P.S. #�82-02 MPANY: Being a rep at of Lot 3, in�50 - 57th Avenue N.E. to r' S 3 MOTION BY lNR. OQUIST, SECONDED BY MR. SAEA, TO OPEN THE PUBLIC HEARINC ON P.S. NB?-d2 SAGA SUBDII%ISION, LYNDALE TERMINAL COMPANY. UPON A VOICE VO:E, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED THE PUBLIC H�ARING OPEN AT 7:33 P.M. ; Mr. Deblon stated the property is located on the corner of 57th & University. This Qlat is�going to subdivide about 1.76 acres (76,624 sq, ft.) from the exist�ng parcel of lan�l, leaving about 17.34 acres, The lot split is for the even- tual developnent of a restaurant known as The Cattle Company Restaurant. He stated this restaurant is a very nice restaurant with entertainment, food, and alcoholic beverages. Mr. Deblon stated the only issue on the subdivision was the amount of parking. Ne stated he would give a brief hisiory of the codes and requirements for parking in the City of Fridley. He stated Mr. Jensen of lyndale Terminal Co, has also applied for a variance to reduce the number of parking stalls and this was in the Appeals Cor�ission minutes of Dec. 14. 3A PLANNYNG CONPIISSION MEETIN6 DECEMBER 22 1982 PAGE 2 Mr. Deblon stated the Holiday Warehouse was built in 1966. The building was 600 ft. x 270 ft. for a total square footage of 162,000 sq. ft. The city code in effect in 1966 called for off-street parking to be three times or more of the aggregate floor area and other area to be ultinately devoted to business purposes in C-1S and C-2S which the land was zoned at the time. According to that regula- tion� Holiday needed 486,000 sq, ft of parking spaces and aisles. Therefore, Holiday ended up with a sea of blacktop around it. He stated Staff evaluated this to see what would happen if they removed various parking areas for this subdivision, green area, and other things. The net result was that with the subdivision and its parking necessity for the restaurant and additional green area, tliere would still be enough parking for Holiday as it was calculated according to the 1966 code. Ms. Gabel stated she had checked the parking at Holiday Warehouse the last two Sundays in the afternoon during the holiday shopping traffic. and there was no one parking in the northeast corner where the restaurant would go in and very little in the aisle next to it. Most of the parking moves to the west because of the front door and the door on the west side. The first time, there were approx. 450 cars and the second time, there were approx. 550 cars. She stated she had checked the parking because the parking would be at its maximum during the holidays. Ms. Schnabel asked if Staff was satisfied that the parki�g was adequate for the Holiday Warehouse if this proposal was approved. Mr, deblon stated Staff is trying to reduce the park�ng requirements. The new code calls for one stall for every 150 sq. ft. of retail. That would require Holiday Warehouse today to provide 1�080 parking stalls. That would still exceed what they really need. He stated his answer to Ms. Schnabel's question was "yes". but he would like to have the burden of proof swayed over to the applicant a little bit to prove that they really don't need the parking. Ms. Schnabel stated that in all practicality, she agreed with Ms. Gabel. Every tine she has been to Holiday Warehouse, there has been more than enough parking. It is not at a11 like other situations in Fridley where there is inadequate parking. Ms. Gabel stated the excess parking is also an eyesore. Mr, Deblon stated Staff feels the landscaping offered by 7he Cattle Company is very adequate and Staff is very pleased with it. They feel it would be very con- sistent to continue that landscaping the�e along 57th and have calculated the reduction of those parking stalls for the green area. Ms. Schnabel stated that regarding the replat, did Staff feel there was any negative aspects? , Mr. Deblon stated Staff fias a concern about the trailers in the south area next to 694. They feel that as Holiday continues to build up a greater clientele for foods, they may necessitate more trailers to bring in more goods, and possibly may have the need for a trailer storage area. There is a little concern regarding the refuse around the building. This is not really related to the subdivision, and other than these concerns, Staff had no other comnents. r: PLAN_NING_COMMISSION MEETING, DECEMBER 22, 1982 PAGE 3 Mr. Jerame Jensen, lyndale Terminal Co. (Holiday Warehouse). stated they are very much in favor of this proposal. He stated they have had this property for quite a few years and have never really utilized it. A number of years ago� they had an opportunity to sell the northeast corner to another restaurant chain, but they did not feel it was a very good offer and was not something they wanted in front of their store. More recently, the SAGA Corporation or Stewart-Anderson's Cattle Conpany Restaurant approached them. Ne stated they have been very pleased and feel this restaurant would be a good addition to their store and for the entire Fridley area. He stated they have worked with Staff on the realignment of the driveway. Mr. Jensen stated they have just completed a redevelopment program with their Holiday Warehouse South in Bloomington� which is a little larger than the Fridley store at 188,000 sq. ft. Their volume for the total store is slightly higher than the Fridley store. With their new development program, they have 611 parking spaces, and that seems to be adequate even at this time of year. They feel the nu�ber of parking spaces recommended by the Appeals Commission (950 parking stalls) on Dec. 14 should be more than adequate to service the area without creating a problem to the surrounding area. He stated they would not be selling this land if they felt it would jeopardize their store in any way. They have very adequate parking in just three areas--the west, west front. and east front. Ms. Schnabel asked what Mr. Jensen's feelings were in terms of Staff's recommendation for the upgrading and landscaping by Noliday to be consistent with the Cattle Company Restaurant. Mr. Jensen stated that as far as taking out the additional parking stalls. it should not have any negative affect fro� a parking standaoint. From a landscaping standpoint, they would prefer to see those remain as parking stalls. simply because the more green areas they have, the higher their maintenance costs and the harder it is to keep those green areas looking nice. Fron a visibility standpoint, he did not think there would be any problem; however, if the Cormission feels this land- scaping is required to make it work, they would do what the City desired. Ms. Schnabel stated if the restaurant comes in and landscapes well� she would like m see Holiday carry through and upgrade the whole area. Mr. Jensen statedtthey have alHays tried to be a good neighbor to all the surrounding businesses and homes. Periodically, problems do come up, and they have tried to solve them. Ne felt their record with the City was one of cooperation. Ms. Gabel stated the Appeals Commission felt, from an aesthetic point of view,that the blacktop area was ugly and landscaping would break it up and make it look a little bit better. Mr. Jensen stated he did not know how much landscaping would even be seen, because the road is slightly higher than the grade. The landscaping would slope away f rom the road, so most of it would be invisible to anyane driving along 57th Ave. 3C PLANNING COMMISSIOt� MEETING, DECEMBER 22, 1982 ' - PAGE 4 Mr. Jensen stated he thought they would be willing to work uith the City. They also have quite a bit of concrete curbing that is going to have to be put i� which is going to be very expensive. Mr. Saba siated he did not feel the City should lock Holiday Warehouse into any particular landscapir�5 theme. He agreed that landscaping in this area does not serve any real useful purpose. If Noliday decides to do it. that was fine and the City cauld work with them; but he did not think it was fair to require Holiday to have a certain type of landscaping theme. He stated there is also a lot of vandalism in this area. Ms. Gabel stated she lives near the store. She believed there was a maintenance problem. and that maintenance has to be upgraded. Ms. Schnabel asked Mr. Robert Jessen to show the Comnission the restaurant plans. Mr. Robert Jessen, R. N. Jessen & Assoc. Architects. sta:ed this would be a 9.200 sq. ft. restaurant which includes a 500 sq. ft. messanine area. Ne stated Stewart- Anderson restaurants en the west coast are Black Angus Restaurants, and in the Midvrest tl►ey are Cattle Company Restaurants. He stated this will be the first Cattle Company restaurant in Minnesota. They are presently worE:ing on one in Minnetonka and perhaps one in Blooming�on, There are three open in the Midwest right now in Illinois. three under construction. and three on the drawing board, so there will be nine in Illinois. They also plan to expand in Wisconsin. Indiana. Iowa. Ohio, east and south. There are 87 restaurants at this time.most of ther� located on the west coast and south in the Texas portion, Mr. Jessen stated SAGA is the parent company. The restaurant does no� offer live entertainment. It has a disc jockey booth where they play the "top 20" record- ings and have a small dance floor. They want to cater to a11 age groups and offer a luncheon and evening menu at moderate prices. The restaurants have been very successful; hence, the expansion program. He stated the seating capacity is 266, plus 16 for waiting. totalling 282. Adding 30 employees makes a total of 312. Mr. Jessen stated they will provide a 20 ft. landscaped buffer strip along Univ. and 51th, a 25 ft, strip on the west side, plus numerous landscaped islands and an irrigatio» plan. The main entrance faces 57th with a secondary entrance facing University. Mr. Deblon stated Staff has notited that this particular carner at 57th & Univ. has some foot traffic to the bus stop. Staff would recommend that a Fathway or sidewalk be constructed in that 20 ft. of greenway. Mr. Jensen of Lyndale Term�nal Co., stated he would be against a walkway in f ront of their store all the way to Main St. Their store is surrounded by comnercial except for a few homes that front on 58th Ave. Ne did not see that much foot traffic. Mr. Oquist stated the only kind of foot traffic is to and from Holida� on the east side, but there is no foot traffic all the way up and down 57th. He could see no need for a walkway in front of the propesed restaursnt. 3D PLANNING COMMISSIt�N MEETING, DECEMBER 22 L1982 P_ AGE 5 Ms. Schnabel stated it did not nake sense to ask the restaurant to provide a sidwalk to University Ave. when that is not city property. If the City feels a walk►ray is important, then the City ought to put it in. Mr. Kondrick, Mr. Svanda. Mr. Saba, and Ms. Gabel agreed. P10TION BY 1►!S. GABEL� SECONDED BY PlR. SABA� T1D CLOSE THE PUELIC HEARINC ON P.S. N82— 02, SAGA SUBDIVSSION, LYNDALE TERMINAL CO. UPON A VOICE VOTE, ALL VOTZNG AY1:, CXAIRWOMAN SCHNABEL DECLAREJ) THE PUBLIC HEARING CLOSED AT 8:53 P.1�1. Mr. Oquist stated the restaurant sounded like a nice tl�iny for this area, It would dress up that corner and the landscaping looked great. Ne had some misgivings about the greenway proposed for Holi�ay Waref�ouse as the land does slope away and because of the naintenance. MOTION BY HR. OQUIST, SECONDED BY XR. XONDR?CK, TO RECOMMEI:D TO CITY COUtrCIL APPROVAL OF A PRELIMINARY PLAT, P.S. M8?—�?, SAGA SUBAIVISION, LYNDALE TERI�:INAL COI'iPANY, BEING A REPLAT OF IAT 13, AUDITOR'S SUBDIVISION NO. 155, THE SAME EEING Z50 — 57TH AVENUE N.E. � Mr. Deblon sLated he would like to see the followir.S sti�.�ulations added to :he motion: (1) there be a 30 ft. (20 ft, additional) green►�ay area in front of Holiday Warehouse; and (2) Holiday Warehouse continue to work with Staff on various other things lik� the screening of the trailers on the so�th side. Mr. Jensen stated he questioned whether the things being discussed now really pertained to the pla'ting. He stated tl�ey have always tried to work with the City; and if they haven't, they are willing ta sit down and discuss these types of things. To his knowledge. Lyndale Terminal or Holiday has not been inforn�ed of these things. If Nolida;/ Warehouse was in violation of any code, he felt the code was strong enough to bring these things into compliance. MOTION ^_'O AMEI:D BY MR. O�iIIST� SECONJED BY HR. KOh'DRICK, TO RECOMAlEND TO CITY COUNCIL APPROVAL OF PRELIMINARY PLAT, P.S. N�2-0?, SAGA SUBDIVISION, LYNDALT. TERMIN.;L C()MP.�NY, BEING A R£PLAT OF LOT 13� AUDITOR'S SUBDIVISION NO. 155� THE SAME BEING ?50-57TB AVENUE N.E.� I+�ITX THE STIPULATION THAT THE PEOP:.E FROM HOLIDAY WAREXOUS� W0.�1C WITI! CITY STAFF TO PROVIDE FOR A MINIMUM OF ID ADDITIO��L FEET OF GREENWAY ALONG 57TX AVE. (20 OR 30 FT. TO BE WOR3:ED OUT BE4WEEl: TH£ T:►�0 PAR�IES). Mr. Oquist stated he would recommend that the City Council discuss those other issues, but he did not feel they should be part of the motion. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DEC:aARED TXE l�OTTON CARRIE� UNANIMDUSLY. Ms. Schnabel state� this would go before the City Council on Jan. 10, 1983, along with the variance request. M, ■ PLANNING COMMISSION MEE7ING, DECEMBER 22, 1982 _____ PAGE 6 2. RECEIVE DECEMBER 14, 1982, APPEALS COMMISSION MINUTE_S_: XOTION BY 1NS. GABEL, SECONDED BY MR. XONDRICK� TO RECEZVE TNS Z1EC. 2d� 1982, JlPPEALS COMNISSION MINUTES. UPON A VOICE VOTE, a1LL VOTING AYE, CHAIRWiDINAN SCHNABEL DECiARED THE 1►JDTION CARRIED UNANIPlOUSLY. Ms. Gabel Stated that regarding an earlier variance request by Burger King, when they went before the City Council, they said they had called City Hall and someone at City Hall had told them if they took down the sma11 directional sig� then had, it would be alright to put up the message sign. She stated this was not the store representatives from Burger King told the Appeals Comnission. She wanted the Planning Commission members to know that Burger King changed thier story for the Gity Council. 3. RECEIVE DECEMBER 2, 1982, HUMAN RESOURCES COMMISSION MINUTES: MOTIDN BY IYR. GOOASPEED, SECONDED BY J►IIt. OQUIST, TO RECEIVE THE DEC. ?, 1982, XUMAN RESOURCES C�OMHISSION 1NINf1TES. Ms. Schnabel stated she was very sorry to see Ms, van Dan resign as chairperson of the Human Resources Commission. She had enjoyed having her on the Planning Cor.mmission; however, she was very glad to see Ms. van Dan continue as a comnission member. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRWQMAN SCHNABEL DECLARED THE MOTION CATtRIED UNANIMOUSLY. 4. RECEIVE DECEMBER 14 L1982, COt4MUt�ITY DEVELOPMENT COMMISSION MINUTES: MOTION BY 1�lR. OQUIST, SECONDED BY J�D2. SABA, TO RECEIVE THE DEC. 14, 1982, COMMUNITY DEVELOPMENT COMMISSION MINUTES. Mr. Oquist stated that in going again ii�to the work plan cycle� the Commission has felt a lot of frustration on what direction the Comnunity Development Cortmission should be taking. He stated he felt they have lost one commission member because of the things that have happened. Mr. Oquist stated the Comnunity Development Corrrnission members have often felt like they are no more than a mini-Planning Commission. The things they get involved with, the Planning Commission also gets involved with. They have asked for, but re�er received any direction. They have gotten some actior� items to discuss through Staff. They also tried the work planning process and did do a few things, nor�e of which were accepted by the City Council. Mr. Oquist stated maybe part of a proposal would be that the Comnission become a project comnittee where the Cortmission would be assigned a project with a starting and finishing date, a goal and objective. The one problem Nould be in keeping the Comraission members. As the cliairperson, he personally did not like to have 3F PLA��NING COMMISSION MEETING, DECEMBER 22, 1982 _ PAGE 7 meetings with only one item on the agenda. The Dece�ber meeting was the first meeting in six mo��ths, and he felt they had not even been missed. He stated there are good people on this Comnission and they want to do something that has some worth. Mr. Oquist stated that maybe the Planning Corrmission should recommend to the City Council that the City Council take a good look at the commission system as it is today and decide what they expect from the comnissions. Ms. Schnabel stated she would discuss this concern with Mayor Nee. UPON A VOICE V�TE, ALL VOTING AYE� CNAIRWOMAN SCNNABEL DECLARED THE MOTION CARRIED UNANIHOUSLY. ADJOURt�MENT• MO� ION BY MR. OQUIST � SECONDED BY !�lR. GODASPEED, TO AA70URN THE lNEETINC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAIJ SCHNABEL DECLARED THE DECBMBER ??� 1982, PI.ANNING COMMISSION MEETING AA70URNED AT 9:45 P.?!. Respectfully subm'tted. ,� .�...��. �� ynne a a Recording Secretary • P.S. #82-02 SAGA SUBDIVISION N_ � �M �� . �!. _ ...�. R . �,n�` ; ; � f p - — i : �_ � . � � f ` c�'+ :"" ,; T � �: �:..' '•. � ?, . �.,r- `^ • ' . r ��` �. ° •1�•w�si.'�,i�'�,J � � � � � .. `+� J'YI ` �' . �'� 1+ �1� ��'•.y �. ,� • :I ! � ' � i .� � 'Z y y�� ' *\.'� ' . �•. I•t � t +-i _S;'�Or '-f.� y�C,�;'.•.,+ ,.,;�. ,% r � � � � L �` yt � , `� • ��.► `� . :.�: � 7 � � �� •`�{� •� ` '� � � '.. # ' 0 .- � � ,to. • .� ' '' • • �� s i � � � •�i�' �i'�' �'��_, � •'.•;,�' ' • �• � � �D 6i. �. { �t. f��. p ' � �, �' `, , a i ��` �"t � t � �• � � � ��i .,..,�� v�� . ' t � O � ;: _ � �'S•�•,'�'i� • �. � Z . ��..� � ..�'1�� ' _ — ,Na. . .'�� 1 _ ^--'-��'_�� K NNMr�r - • -- � - - - - : � , :. 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Alex Barna, Jim Plemel. Donald Betzold Jean Gerou Others Present: Darrell C1ark, City of Fridley Jerome A. Jensen� Lyndale Terminal Company. Sox 1224. Minneapolis, MN (Holiday Marehousej APPROVE APPEALS COMMISSION MINUTES OF NOVEMBER 30, 1982: MOTION �y Mr. 8ar�a, seconded by Mr. Betzold. ta approve the Appeals Comnission minutes of November 30, 1982 as written. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLAREO THE MOTION CARRIEO UNANIMOUSLr. 1. QARIANCE RE UEST PURSUANT TO CHAPTER 205 '� REDUCE TE RE�UIRED PARKING STALLS FO THE RE(�UIRED 239fl SU6D1V1510N N0. 1 Jerome A. Jensen. MN 55440) l5 TO 800 STAII HE SAME BEING 2 ate Terminal Ca OF THE FRIDLEY CIT11 CODE, R A COM�•tERCIAI BUILU1t�G FR LOtATED ON LOT 13 AUDITOR 57th AVENUE N.E. Request ny. 8ox 1224. Minneapolis. MOTION by Mr. Barna, seconded Dy Mr. Betzold, to open the public hearing. UPON A YOICE YOTE. ALL VOTING AYE. CHAIRPERSOh fABEL OECLARED THE PUSLIC HEARING OPEN AT 7:32 P.M. Mr. Je�ome A. Jensen was present for this matter. MOTION by Mr. Plemel� seconded by Mr. Barna. to waive the reaCing of the Staff ei� port and have it entered into the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLAREO THE MOTION CARRIED UNANIMOUSLr. �n��s��Tna sraFr aspoar 250 - STtS l��nu� •.t. 1. P�TBLZC P08POSB SER9F.D B7 BEQOI��?t 3ectioa 205.10�, 28� I2, require� tDree parYing st�lis p�r •asD 250 �quare teet of total ares ia �uaine�� or commercial uae wstnsn eusiasass. aad outside tor retail eataDliahmeati. PuDlic purpose served 0� tbis requirament is to allar aGeQuate area for cu�tomer parktna at an3r ti�ea tiN. 3J Appeals Comnission Meetin9 - December 14, 1982 Paqe 2 e. si�r� a,►ansHir: •Strict eaforcement of the current parking ratio reQuirement oreatea an undue hardship when applied to a building as large aa oura. Yiat amouats of propertr are rendered totally uaele�a Dy rcQuiriag lsads tbat could otherwiae De developed to De reserved tor uauaed parking apacea.• C. ADMDISTR�?I9B S?lPF aEYIEY: The original plan for tbe Holiday tlillage Nortb store �as approved by the Cit� Couacil oa January 17� 1966. Tbe DuilEinB permit wa� iasued on January 31, i966. ?he Code for C-2S regarding parking at tbat time read aa follo�ra: •�15.3�3• '�'bt oft-�treet autcmobile Darking area �Dall De tDree tiIDes or more ths aggregate floor area and other area to De ultimatel� devoted to bu�ineas purpose� in each C-1S and C-2S District. The reouired area aIIal� De inc2usive of parking atalla and aisles only� and not inclu�ive of areas of drivewaya� walk�� truck loading spaces� plenting apaces� or other re�uired or provided open apacas." The propoaed Duilding wa� 600' z 2T0' rhich equala 162,000 squere f�et. Consequently 3 times 162�000 sQuare feet (or 086�000 sQ. ft.) xa� reQuired for parking stlls and aislea. Tbe total land area of tDe Holiday development xaa 832�000 �Q. ft. (or 19.1 acrea). Qsing the development plan� the greea area vas calculated and added to the building aize. � figure of 207�808 waa arrived at. By aubtracting thia numDer tro� tD� total acreage, the area of Dlacktop vaa d�erived. TDs calculationa are as follars: Total land area ..................... 832,000 aq. ft. (or 19.1 acres) E�ci�tiag green and building •rea.....�07�08 nn. ft. Hlacktop area ........................ 62A�t92 aq. ft. Driverrays and loading areas must alao De suDtractea off the total blackLoD area to oDtsin the �etual parking area required Dy Code in 1966. Tbe ealculations are as tollars: Blacktop area ........................ 62A�192 sq. tt. Minu� driveway� and loading area..... 26•0 D 598� 192 aq. tt. 7'he sQuare tootage ezceeda the 1966 Code requirameat. Now� the area of tDe subdivi�ioa 'ust De subtracted from tbe actual area of parking to see if it Sa within the 1g66 Code: 598� 192 76•62� 521 • 56 8 The aumber atill ezceeda tbe A86�000 jq. tt. requirement. Fiaall�� it la recommended tbat a 20 foot atrip of greeawa� pe aQded along 57tA Avsaue. The loss of tbi� area of parking ia revealed Delov: Actual Darking area ...................... liinua idditional recommended greea area... The li�ure atill �zceeda tDe 1966 Code requirement. 521�568 sq. !t. 8. 800 512� 768 aQ. tt. Appeals Cortmission Meeting - Oecember 14, t982 Pa9e 3 3 K ?be calculationa are summarized again belaw: 4rea ot Building..... ............................ 162�000 �p. tt. - ReQuired parking atalls snd aisles ia 1966....... �86,000 sp. !t• Total area of Development (19.1 acres)........... 832�000 sQ. tt• Ninua green and Duilding area .................... 2QT $�� ,^-• tt. 624�192 sQ. tt. y, 16 0�0 an. fL. �yyQV.i driveways and loading �rea��. 59Bf192 �• �•• Y Minu� aubdivided area ............................ �b 6� • f�- 521� 568 sQ. !t. Minus additional recommended green area.......... 8�0• tt- Area remaining tor parking and aialea............ 5�2�768 aQ. tt. DNDER PRESENT CODE: Three (3) stalls are required for each 250 sp. ft. of retail area. Consequently, 1�9�� atalls are requirsd. Holiday currently provides 1,224 stalls. After the auDdivisioa� Holiday xill 6ave 1�057 atalls. If the recommended green area is put in� they Mil: Dave 1,013 rrhicD is approximately 1 stall to �acD 1 0 sq. ft. of retall area. Mr. Clark explained that the key figur�s in is when it was built, it originally required 486,000 square feet of parking area and did not inciude the driveways, loading docks, etc., and after taking the loading docks and driveways (598,192 sq. ft.) they still exceed the 1966 requirements. He said under the present 1982 Cude, three stalls are required for each 250 sq. ft. of retail area. He said they don't make that requirement and he has not witnessed the lot ever, being full, and they have proposed to seli two acres to a restaurant on the Northeast corner of the lot and Staff has proposed they take out one whole row of parking along 57th and put in green area. He said after subtracting the green area, and the two acres. they are still in excess of the 1966 code (512,768 sq. ft. of parking, comes out to one stall per 160 feet of retail). Mr. Clark said the City is also in the process of re-writing the parking requirements. Ms. Gabel noted that on the Public Notice it states reduce to "800 stalls" and the Staff Report says to "1,013 sta�ls". Mr. Clark said he was told by the Planning Department that the actual number of stalls will be 1,013 after they subtract the two acres for the restaurant and the row of parking for the green area. Ms. Gabel asked Mr. Jensen if he had any problem makfng the number of stalls 1,013 instead of 800. He said not really but they were hoping for some sort of flexibility and showed the Cortmission members the site plan. Ne said they have done quite a bit of figuring and they have vast amounts of parking and they have 365 parking stalls in the near area and they would like to do something else back there. He further said the number 800 was .�icked out of the air and they would like to get as low a number as possible. Ht said they have 261 parking stalls in the West front area and 137 parking stalls in ti�e West area and they are able to accomodate all of the parking they need in thst area without any problem. Ms. Gabel asked about the Garden Center. Mr. Jensen said that is only open for 3-4 weeks during the year and they are up in the air about that. Ms. Gabel said she noticed that when the nursery is in operation tF�ey are congested in that area. Mr. Jensen said that 800 stalls is more9than generous for whaparkingnspacesd that their store in Bloomington is a bit lar er and tt►ey have 611 3� Appeals Comnisston Meetina - Oecember 14, 1982 Page A Ms. Gabel a6out access right on 57th Avenue. Mr. Jensen showed the Dresent situa- tion on the plan and said the access will get moved over opposite �3rd Street and they will lose a row of parking along there. Ms. Gabel felt the additional greenery ►vould enhance the area and asked about the Garden Store entrance. Mr.Jensen said it locked and a fire exit and felt that the restaurant would also be a nice addition. Ms. Gabel asked how soon they will start and Mr. Jensen said they wilt be before the Planning Cortmission on the 22nd of December and before the Council in January. Ms. Gabel said she really anticipated congestion in the area of the Garden Store and felt they should think more about that part but she was convinced they would have more than enough parking. Mr. Barna asked if they have looked into the future and what is their business ends up like CUB. Mr.Jensen said they felt they are looking at this on a long term basis and they have considerably increased their volume stnce remodeling the store and they should not have any problems. Ms. Ga6e1 said it would seem more realistic to keep the variance at 1,013 instead of 800. Mr. Jensen asked for 950 and said if they do want to do anything they would have to come in for another variance and they would look at this again. Mr. Clark said tfiat number sounds right because the Staff did not take out for the Garden Store. Mr. Betzold asked about the restaurant's parking during peak hours and Mr. Jensen said any of their overflow parking will likely use the area they are not using right now. Mr. Plemel asked if Fridley is more stringent in their parking re- quirements than other communities and Mr. Clark said he did not know at this time but they are looking at other communities. Mr. Jensen said he would be agreeable to change to 950. Ms. Gabel said that was agreeable with her and the other Cortmission members concurred with that. Mr. Clark also felt that was reasonable. MOTION by Mr. Plemel, seconded by Mr. 6arna, to close the public hearing. UPON A VOICE VOTE, All VOTING AYE, CHAIRPERSON GABEL DECLARED THE PllBLIC HEARING CLOSED AT 7:58 P.M. MOTION by Mr. Plemel, seconded by Mr. Betzold, that the Appeals Cortmission reconunend to the City Council, through the Planning Commission, approval of the request to reduce the required parking stalls for a commercial building from the required 2390 stalls to 950 stalls, located on Lot 13, Auditor's Subdivision No. 155, the same being 250-57th Avenue N.E., Fridley, Minnesota, with the stipulation that the North row of parking (along 57th Avenue N.E.) be removed and a green area constructed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Barna said he has driven by there numerous times and has never seen the parking lot full or overflowed and felt this number of Qarking stalls was more than enough. OTHER BUSINESS• Mr. Clark said he was asked by the City Manager's office to find out whc is planning to retire from their positions on the CommiSSion next as the Council is starting to make reappointments. He said Mr. P1eme1 has a term coming up again and asked wfiat his feelings were on reappointment. Mr. Plemel said he would consider it and let him know. 3M Apveals Comoission Meeting - Qecem6er 14, 1982 Paae 5 ADJOURNMENT: MOTION by Mr. 6arna, seconded by Mr. Plemel, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING OF DECEMBER 14, 1982 ADJOURNED AT 8:05 P.M. Respectfully submitted. 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'._ ... .� \ \ � � • .♦ � � • ` � � .� .. � . .�� , . y� '11111� 11 1 II { 1 11 .,. . .. �!. .... • ' ... .. �1�11] �� ' � .� , 1. _ � = � 0 3 ra .� � _ � � �'�t , � .f � � � .1 . �` � il � � - �� i � -, .� � � ' ' �s .i ■ �;. �+. � ' I ' "•�•� �� ,� i � TM• c�TV o� o�TE � FROM I SUBJECT OfRECTORATE OF PUBLIC WORKS ovember 30, 1982 ohn G. Flora Lampert Sign Variance C�J MEMORANDUM Nasim Qureshi, City Manager ACTIONIINFO• The Appeals Commission failed to approve a variance request to increase the signage from 144 square feet to 176 square feet. This increase in footage was for a 4 X$ foot lighted message panel to be located under the existing oversized sign. The Code allows a maximum of 80 square feet. The Planning Commission also recomnended denial of the sign variance. If the City Council should favorably consider this request there are six stipulations that should also be considered. . 1. Screen the east parking area 2. Screen the outside storage 3. Repair and maintain the existing fence 4. Provide protection to the fence (concrete filled pipe.) 5. Lower the height of outside storage 5. Obtain Special Use Permit for outside sales and display area. JGF/mc 3P CITY OF FRIDLEY APPEALS COMMISSION MEETING - TUESDAY OCTOBER 12 1982 7:30 P.M. CALL TO ORDER: Chairperson Gabel called the October 12, 1982 Appeals Cortmission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Patricia Gabel, Jim Plemel. Alex Barna, Donald Betzold, Jean Gerou Others Present: Darrell Clark, City of Fridley Gordon Aspenson, 17 Rice Creek Way Eugene Kreuzkemper, 6881 Highway 65 NE . Carmen Kruezkemper, 6881 Highway 65 NE Mr. Kubinski, LAMAUR, Inc. Mr. Olson, LAMAUR� Inc. APPROVAL OF MINUTES OF SEPTEMBER 21, 1982: MOTION by Mr. Barna, seconded by Mr. Betzold, to approve the Appeals Comnission � minutes of September 21, 1982, as written. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. TABLED: YARIANCE RE UEST PURSUANT TO CHAPTER ?14 OF TNE FRIDLEY CITY CODE, TO INCREASE THE SOUARE FO�TAGF FnR e �acc �TAtinTNr_ c,r_N cnn'u ,�� en�i�nr rrr• Tv 176 SQUARE FEET, TO ALLOW A 4 FT. X 8 FT. LIGHTED SIGN, ON PARCEL 3600, SECTION 12�THE SAME BEING 7600 HIGHWAY #�65 N.E. PETlT10NER WAS GRANTED A VARIANCE ON AUGUST 21 1978 TO INCREASE THE MAXIMUM S UARE FOOTAGE FROM 80 FEET T4 144 S'QUARE FEET . Request by Gordon J.j�spe son, Lampert Building Center, 7600 Highway N65 N.E., Fridley, Mn 55432`" ��'�� Y MOTION by Mr. Barna, seconded by Mrs. Gerou, to emove �s item f om the able. UPON A VOICE VOTE, ALLVOTING AYE, CHAIRPERSON CABEL DECLARED THE MOTION CA RIED UNANIMOUSLY. ,p �— /�-� MOTION by Mr, Barna, seconded by Mrs. Gerou, to open the public hearing. UPON A V010E VOTE, All YOTING AYE. CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:35 P.M. Chairperson Gabel read the Staff Repert: ADMIMISTRATIVE STAFF REPORT 7600 Htph�sr I65 N.E. A. PUBL.IC PURPOSE SERVED 8Y REOIJIREMENT: 8ection 214.047� A2� rsqui�� • esxi�u■ si:• o� � squs�e t�et to� • t�ss st�ndinp sipn. Public pu�pose �ervs0 �r thic requi�eosnt is to control rlsu�l potiution snd sxcessivs u�s ot sipns in inductrial •r�ss. 3Q Ap�eals Comnission Meeting - October 12, ]982 Page 2 8. 6TAYED HAROSfIIPs "To props�ly •dv��tis• to Hiph�sy f65 bscsu�e o� diitsnce to hiphrsy." C. AOMINISTRATIVE ST/tFF REV1Er: A �squsst to� • 210 squs�• toot (10' �c 21') pylon si�n wss deni�d by ths Bosrd of Appesls on �/25/78 (�ee •ttached •inutss). Ths •xistlnD pylon otpn ic 144 aqusrs fest I8' � 18'� which �es app�oved on Aupust 21, 1878 fcr a siZS verience �nE hs� ths wessage ot "Lampsrt Buttdi�p i.Ant�f �. The wetl sipnepe �es approved by aLa•tt on 5✓14/B2 (ses sttsched slpn psnit�. Lsmpert proposes to in�tsll �n •ddttionsl 32 squsre toot I4' x 8') llphted psnet to the txi�tin� pylon •htch would bs • �nanust chsn�ssble iesee�e centt�. Ths totel oquara foots�e wiLh thic sdditionsl si�nege �oul0 bs 176 squer• taet. s vsrience i� si�n �izs ot 96 squar• teet ovs� th• •lto•ed 80 squere teet tor thic district. It spproveQ� the Commi�sion eay �rent to consider the lnllowinD 6tipulstions: 1. Screeninp of east pa�kinp �ree tro� public riaht ot wey. P. Screen out6ida ctorsps t�om public vie� •tonp sest� wact •nd north. 9. Repsi� snd •eintsin existinp tenc�. �. Provtds protectton ot tsncs t�om vehicles snQ stor�pe. 5. Out6ide ctc�sDs 1� 2- 3 test sbove fsncs lins. 6. Out6ide open �i� seles srss pey need s Specist Use Permit •nd is Dainp locstsd in psrkinp tot. Mr, Gordon Aspenson was present for this matter. Mr. Clark pointed out one cor- rection to tF�e Commission and stated that the sign they are addinq has already been installed and that items 1 through 6 from the Staff Report have been discussed with the buitding center and are part of the building permit that was issued today. He felt the Commission did not have to concern themselves with items 1 through 6. He stated that Mr. Hill met with Mr. Aspenson regarding these items. Mr. Aspenson stated that he was not the manager in 1978 (he is presently the manager) and he did not know why the sign was installed without a permit or a variance and that he could not find anything in the files on it. He felt it was quite important for them to advertise to the highway. He stated he thouqht the small sign was added about 4 years ago when the store was added onto and he felt that the sign is not too large or out of place. Ms. Gabel asked Mr. Aspenson if he understood that the City has a sign code and asked what he would do if he was asked to take it down. Mr. Aspenson said he would hate to do it, but he would take it down. He also said the sign does help them with their business. Mr. Barna asked if he had any actual experiences that the sign brought in business and Mr. Aspenson�said he had, es- pecially wF�en tF►ey advertise their specials. Ms. Gabel stated that the reason Lampert was allowed to increase the original sign was that the Cortmission members had driven up and down the highway and determined the sign would be far enough back from the highway. Mr. Aspenson said the sign is really noticeable at night as it is a lighted sign. Ms. Gabel said she was really surprised that this had happeneQ with the sign as the past Commission minutes make it cl.ear as to the si2e of the sign. Mr. Barna said his personal experience is to see what is the outside dispTay rather than try 3R Appeals Comoission Meeting - October 2, 1982 Pa9e 3 to read the sign. Mr. Plemel asked if they are open Sundays and Mr. Aspenson said they are as tfley are competing heavily with 6usinesses such as Menard's. Ms. Gabel stated the signs are very difficult to control and can get easily out of hand and informed Mr, Aspenson of the committee who wrote the new sign ordinance and the strong cortmunity feeling that t�ere are too many signs in the city and that she was somewhat offended in that a variance was granted in this matter and someone went ahead and put up a larger sign. Mr. Aspenson said that person is no longer with the company and that he personally has no responsibility for that. Ns. Gabel said she is not sure how to control the next situation and asked how long they are planning to keep the "open on Sundays" sign, Mr. Aspenson said they�will Lake that sfgn down i�rmediately. Ms. Gabel asked if the lighted sign is plastic and what is the life expectancy. Mr. Aspenson said the sign is a"message center" and would last a long time if it is maintained. Mr. Plemel asked about problems with vandalism and Mr. Aspenson said rocks are thrown at it every now and then 6ut they have no real problems. Mr. Betzold asked how long he has been manaqer and if there has 6een a change in ownership. Mr. Aspenson said he has been manager for a little over 2 years and that he has worked for Lampert for over ZO years and that there has not been a change in ownership. 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 HEARIN6 CLOSED AT 1:50 P.M. Mrs. Gerou noted that there are two companies competing against each other and Mr. Plemel said there has to be restrictions and Fridley is a little more restrictive than other communities and the residents appreciate that. He also feit that 25-30� of the variance requests are for signs. Ms. Gabel noted that everybody wants more signs (companies) and that the Commission has been very fair in the past in granting the variance to Lampert. She also noted that Lampert has been in Fridley for many years and could not see their lack of knowledge as justification for granting a variance. Mr. Pleme] felt this was a difficult decision; he drives by Lampert twice a day and does not think the sign is offensive and felt there is a need for it. Ms. Gabel egreed that it is not offensive. Mr. Barria stated that Lampert is very far off the road and that a larger main sign could be justified and he has a hard time teiling a 6usiness that they cannot advertise their specials, especially when the economy is bad. Mr. Plemel suggested they could just leave the sign and look at it in 2-3 years. Ms. Gabel said she was very concerned about the type of precedence being set in allowing this and how would you control it. Mr. Betzold said he was very disturbed about the sign being put up by the previous management; that some- body took advantage of the situation and ignored the variance that was given. Mr. Kreuzkemper (here tfor agenda item 2) stated that he reads the sign all the time and finds it en]ightening. MOTION by Mr. P1eme1, seconded by Mr. Bar�a, that the Appeals Comnission recommend to the City Council, through the Planning Commission, approval of the request to increase the square footage for a free standing sign from 144 square feet ta 176 square feet, to allow a 4 ft. by 8 ft. lighted sign, on Parcell 3600, Section 12, the same being 7600 Highway �65 N.E., Fridley, Minnesota, to be reviewed at the end of three years by the Appeals Commission. UPON A YOICE YOTE, TWO VOTING "AYE" ANO THREE VOTING "NAY", CNAIRPERSON GABEL DECLARED THE MOTION FAILED. �.,.� �� . i%83 (ITEM TABLED�TO ,� T REQUEST OF PETI7IONER) 3S PIANNING COMMISSION MEETING. OCTOBER 2T, 1982 PAGE T the City would not be involved. She stated three of the Conmtssion members have attended the training sessions, and there are a number of refresher courses and training sessions set up between now and January so anyone interested could attend. She thought it would provide a treme�dous service to the peopl.e of Fri dl ey. . Mr. Boardman stated that after the City establishes the committee, all that would be needed from the City are some initial mailing costs and the cost for the City Attorney to review the waiver document that both parties would have to sign. Mr. Oquist asked why the City of f ridley would even want to fiave a No-Fault Grievance Procedure comnittee. Ms. Schnabel stated she felt the key point was that this committee would De an arm of the State Department of Human Rights and really had nothing to do with the City of Fridley�other than the City giving its approva) for the cannittee to operate in the City as recommended by the Numan Resources Commission. Ms. van Dan stated she woutd iike the Planning Conmission to recortmend to the City Council that those interested in becoming involved in this process be granted the opportunity to do so. XOTION BY MS. VAN DAN� SEC�ONDED BY !�lS. GABEL, TO CONCUR WITN TNE HUHAN RESOURCES C�OMMISSION AND TO RECOMMEND TO TXE CITY COUNCIL THE ESTABLISHNb7VT OF A NO-FAULT GRIEVIWCE PROCEDUR£ COMMITTEE TD BE COXPOSED OF INTERESTED AND TRAINED CITI2ENS OF THIS COI�lMUNITYI THE C1�MMITTEE IdOULD OPERATE ESSEHTIALLY INDEPENDENTLY OF TNE HUNAN RESDURCES COMHISSION OR ANY OTHER aGEHCY OF THE CITY OF FRIDLEY. UPON A VOICE VOTE� ALL VOTING AYE� CHASRWOMIW SCHNABEL DECLARED THE 1�lOTZQN CARRIED UNANINOUSLY. Ms. Schnabel expressed the Planning Commission's thanks to Ms. van Dan and the other Human Resources Corrmission members for their willingness to participate in the No-Fault Grievance Procedure comnittee. 8. RECEIVE OCT08ER 12. 1982, APPEALS COMMISSION MINUTES: �MOTION BY J�lS. GABEL� SECD,NI�D BY J�i. SABA� TO RECEIVE TXE OCTOBER 1?, 198?� . AFPEALS C�OMMISSION 11INUTES. UPAN A VDICE VOTE� ALL VOTINC .1YE� CBAIRWOHAN SCXNABEL DECLARED Tt/E INOTION CARRIED UNANINOUSLY. Ms. Gabel stated she felt the first variance request by Gorden Aspenson of lampert Lumber to tncrease the square fcotage for a free standing sign from 144 sq. ft. to 176 sq. ft. to allow a 4 ft. x 8 ft. lighted sign. was out of line. The motion to approve this variance request failed at the Appeals Cormission meeting by a vote of 2 for and 3 against. She stated Lampert Lumber is Dlatantly ignoring city ordinances. and she thought it was time to put a stop to it. PLANNING COMMISSION MEETINGi OCTOBER 27, 1982 PAGE 8 �MOTION BY 1�lS. GABEL� SEGIDNDED BY J�t. SAB11, TO RECOI�IMEND TO CITY COi1HCIL TXE L�NIAL OF THE REQUES2 BY I.AI�fPERT LUINBER TO SNCREASE THE SpUARE FOOTAGE FQR /1 FREE STANDING SIGN FROP! ld4 S0. FT. � 176 SQ. FT., TO ALI.OW Jl I FT. BY 8 iT. LIGNTED SIGN ON PARCEL 3600, SECTION 1?, THE SAME BEING 7600 �IICNi�J1Y N65, TRIDLEY, !A►. UPON 11 VDICE VOTE, 11LL VOTING 11YE� CNAIRWOPlAN SCHNABEL DiECLARED THE NOTION CARRIED UNANIPIOUSLY. 9. RECEIVE OCTOBER 13, 1982, ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION 8Y MR. NIELSON, SECONDED BY MR. SABA, TD RECEIVE THE OCT. 23� 198?, BNVIRONHENTAL QUALITY COMMISSIAN PlINUTES. IIPON A VOI CE VOTE � 11 LL YOTING AYE � CHAIRWOalAlV SCHNABEL DECLARED THE !lOTION CARRIED UNANIMOUSLY. 10. OTHER BUSINESS: Since there were no items for the Nov. 3rd Planning Comnission meeting, the Comnissioners agreed to cancel it. ihe next meeting is Nov. 17. ADJOURNMENT: MOTION BY MR. SABA� SEGIONDED BY MS. GAB£L� TO AA70URN TXE I�ff£TING. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRWOMAN SCXNABEL DECZARiD TNE OC7'OBER ?7� 198?� PLANNING COMMISSION NEETING AAIOURNED AT 20:?5 P.N. Respectfully subm' ted. ynne a a Recording Secretary 3T 0 7600 Highway #65 N.E. !•�/ • � t �IOl�ti �V �r /�OI� 7'/�/ �.— , � �� ..��r�s�S �l�C- . �'�"'� y-�-� � � � �?_ _��' � �m��aE _'� -�a-_� � _ ► '_ .-�{i� s_ - � /aiJ��/ KL _ ►--z � Nf�Y MGw� � 1 � • /i.lCr�� t;'� �AI��y R } - . � �I�N\�17� . a : ,- } � ; . r � - � � � /10 W ��OM� � 1i L �'• � � �" �= �= _ �-- $' 1 `- is°' ,. °� _� �_�. �� , � =`�1L; z _ a ' ; �� 1. - �"'.�_ ' ,� � ':. . .. -. � ,. Y . .<;, � �4-� � ' � ' ' • • :<_ „�, .i y;t�.�-• : � _ � 4 , 's . . - . _.�. ....._., �.:.�.:....:. r�► � _- .• - �--- � -� • .. ... . .. .__ . . __ .:..�.� 3U 4 CIT1f OF FRIDLEY CATV ADVISORY COMMISSION MEETING - THURSDAY, NOVEMBER 18. 1982 PAGE 1 CALL TO ORDER: Chairman Weaver called the CAN Advisory Commission Meeting of Thursday, November 18. 1982� to order at 7:30 p.m. ROLL CALL: Members Present: Harold Belgum, Burt Weaver, Barbara Hughes, Duane Peterson, Ed Kaspszak Others Present: Mary Geis, Storer Cable Ember Reichgott, Storer Cable Joh� 6eattie, Attorney for Storer Carol Wold Sindt, Storer Cable Clyde Moravetz, City of Fridley Gary Matz, Herbst b Thue APPROVAL OF AGENDA: MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to approve the Agenda of November 18, 1982. UPON A YOICE YOTE. ALL YOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED. REVIEW RATE ORDINANCE, FRANCHISE ORDINANCE, FRANCHISE AGREEMENT, AND STATEMENT OF COMMITMENT FOR FINAL COt�IISSION RECOMMENDATIONS TO CITY COUNCIL: Chairman Weaver said they would start with reviewal of the Rate Ordinance and asked for comnent. Mr. Peterson had a question about basic service, Paragraph B, page 3, and asked when that takes place. Chairman Weaver stated that it shall not exceed that amount and that it is what they have now in the ordinance. Mr. Moravetz said it was one of the early amendments to the previous franchise. Chairman Weaver further stated that it was the Comnission's position at that time to keep it "not to exceed" in the ordinance and would save them the problem of constantly amending the ordinance and this is the same rate that has been in effect for 3-1/2 to 4 years. Mr. Belgum asked about the rate changes on page 7, Section 4.01. Mr. Matz explained tfiat the City cannot regulate the pay rates so that the Company can raise rates for HBO and Showtime and any rates in 2.01(6) and (D) are subject to rate regulations. Mr. Kaspszak stated that other communities offer free lock-out boxes (page 4) for their subscribers and would like to re-write that so the lock-out boxes are refunda6le after a year (i.e. if someone cancels the movie channels and no longer needs the lock-out boxes). Mr. Belgum asked how many lock-out boxes there are in Fridley and Ms. Geis said there are no more than ten. Ms. Hughes asked what the cost was to the Company and Mr. Beattie �eplied that the cost of the box is s35.00, the same as tf�e rate. Ms. Hughes stated if people felt 4A CATV Advisory Commission Meetin9 - November 18, 1982 Paae 2 strongly enough to want that lock-out box then it is worth that kind of money to them and further stated t�ey have talked about this 6efore. Ms. Wold Sindt said the reason it is offered free in the other services is that they will be using a more expensive convertor and the lock-out boxes are 6uilt into the con- vertor. MOTION by Mr. Kaspszak, that if a su6scri6er suspends and wants to re- turn the lock-out 6oxes, for any reason whatsoever. in use for less than one ytar, that the cost of that box be pro-rated out and the 6alance returned; after one year then t�e full amount would not be refundable. CHAIRMAN WEAVER DECLARED THE MOTION FAILEO FOR LACK OF A SECOND. MOTION by Ms. Nughes, seconded by Mr. Peterson, that the CATV Advisory Comnission shafl forward to the City Council, the Rate Ordinance, in its present form, with the approval of the CATV Advisory Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. Franchise Ordinance: Mr. Kaspszak questioned Section 13.05, page 42, of the Ordinance and Mr. Matz explained that this Section is a verbatim quote of the Minnesota State Cable Board language; they do not require notice be given on the channels as other provisions. Chairman �eaver stated they have been keeping the Ordinance abso- lutely pure as the MCCB has written it and they do not want to put any kind of change in this document. Mr. Kaspszak felt it does not include the same thing as the Agreement and felt it would strengthen it. He stated in the same Paragraph, page 43. they could publish it in a legal paper. Chairman Weaver asked if the example given would provide requisite notice and Mr. Matz said they have taken it to mean in the local newspaper. Ma. Reichgott said that came up before and they were advised that it would be the legal newspaper in the comnunity. Chairman Weaver asked if it would be reasonable that whatever newspaper the City publishes its notices in 6e the legal newspaper and Mr. Matz said yes. Mr. Kaspszak there is a strong possibility of the legislature to amend that so that a City can fulfill that requirement by posting it on the bultetin board and pu6lishing notices on the cable government channel to save costs and if that happens they could publish it anywhere they wanted to and felt that general circulation is not the same things as a legal newspaper. Ms. Reichgott said this is verbatim ]anguage of the Rule. Ms. Hughes said she was sure that language is fairly general for the MCCB purposes and not necessarily saying 1ega1 news- paper because you may not have a legal newspaper in the comnunity and she would prefer that designation made in the Agreement rather than the Ordinance. Mr. Kaspszak felt it was inconsistent and Mr. Matz stated they have to stay with the MCCB language. Mr. Belgum asked Mr. Matz if he felt the Ordinance was ready and Mr. Matz felt it was. MOTION by Mr. Belgum, seconded by Mr. Peterson, that the CATV Advisory Conmi- ss�on shall forxard to the City Council, the Franchise Ordinance, with the approval of the CATY Advisory Commission. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRMAN WEAYER DECLARED THE MOTION CARRIED UNANIMOUSLY. 48 CATY Advisory Cortmission Meeting - November 18, 1982 Paae 3 Franchise Ayreement: Mr. Kaspszak asked if it was important that they do something with Channel 29 as part of t�e Agreement. Mr. Matz said the channel allocation chart on page 24 is already out of date and they have proposed to leave it in this form and then update it on the last date which would be the second reading of the Ordinance. Chairman Weaver asked if it was agreeable that they lock this allo- cation in place at that time and Mr. Kaspszak said it is agreeable as long as it is done. Mr. Matz said that the Company has requested that the City state FCC Form 326 is confidential (Page 31, Mr. Matz sent Memo on this) and that the Cable Board has traditionally deemed them confidenttal and there is certainly ample legal precedent for doing so. Ms. Hughes thanked Mr. Matz for the memo as it clarified things and asked how long of a time is that information really of use to anybody, i.e. information that is 5 years old. Mr. Beattie said he could not tell what that period of time is now but it was safe to say that it is garnered during the life of the franchise and once the franchise has terminated or expired it may not have proprietary value but would say that for certain. Ms. Hughes said in light of Mr. Matz's Memo, she was satisfied that it is a reasonable request. Chairman Weaver said now that the City is in receipt of confidential inforew tion what are procedures for City to get rid of that information and Mr. Beattie said to give it back. Chairman Weaver said he would like to do something to make the City aware of that if they are not �lready aware of it. Ms. Hughes asked what has happened on the language about confidentiality and Mr. Matz said if they deem it confidential they will be revising language to reflect specific Statutes. Chairman Weaver asked the Commission if they were in agreement that this is confidential and Mr. Peterson was in agreement and also Mr. Belgum and Mr. Belgum asked that a motion be made accordingly and have Mr. Matz draft the proper language. MOTION by Mr. Belgum, seconded by Mr. Peterson, that the CATV Advisory Cortmission recommends to the City Councit, the wording in the Franchise Agreement, Section 7.02(A)(1) to read as follows: "1. FCC Form 326 for the Franchise. Atorer agrees to provide this form notwithstanding federal requirements. City agrees to maintain the confidentiality of this document and hereby deems the information co�tained therein to be non-public and trade secret information pursuant to Minnesota Statutes Section 15.1673." UPON A VOICE YOTE, THREE VOTING AYE AND MR. KASPSZAK VOTING N0, CHAIRMAN WEAVER OECLARED THE MOTION CARRIED. (New language underlined). Mr. Matz said the Company has requested that the words "and copy" be deleted from Section 7.02(D). Mr. Beattie said they have similar problems here with confidentiality and that they do not disagree with the City's authority to audit the books but that the financial information obtained from an audit would be that much more proprietary. Mr. Kaspszak felt it was not the same thing. Chairman Weaver suggested positioning this in the motion regarding Section 7.02 such that it would have co�erage for both of these items. Mr. Beattie said it would be easter just to delete the words "and copy." He further stated that they did not think t�e right to audit meant the right to copy the books and it would present serious pro6lems to the City. Chairman Weaver asked if he was referring to photocopying and Mr. Beattie said any reproduction. 4C CATY Advisory Cortmission Meeting - November 18, 1982 Paoe 4 Chairman Weaver asked about duplication of information regardless of.how it is achieved and Mr. Beattie said yes, that an auditor will make notes but those working notes are not duplication of infarmation. Ms. Hughes noted that with this language it would 6e possible to just copy everything. Mr. Belgum suggested to strike the words "and copy." MOTION by Mr. Belgum, seconded by Ms. Hughes, that the CATV Advisory Cortmission recomnends to the City Council, to strike the words "and copy" from the Franchise Agreement, Section 7.02(D). UPON A VOICE VOTE, ALL YOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Peterson had a comment regarding Section 4,04, page 21, and suggested that whoever receives those funds or portion of those funds that they be set aside for specific program grants instead of just droping it in the general fund. For example, if someone wanted to do the History of Anoka, they could just get �100.04 to do that. Cfiairman Weaver said it was a good point. Mr. Peterson said whoever gets this money will have the discretion to decide what to do with it. Chairman Weaver said he was not sure who was going to make those decisions and Mr. Moravett it would possibly go dack to the Comnission from the Ci ty. There was a discussion at this time regarding Section 4.04, last paragraph. Chairman Weaver said they don't have any problem making that grant within a reasonable amount af time but Ms. Bremer was relUCtant to fiave a fixed 30-day period. Ms. Hughes said they did not have control when the decision would be made and 30 days from the time the City designated it would be appropriate. Mr. Matz said there will be two parts to this. He said that the City has to select what they Nant and the equipment has to be ordered and perhaps the money could be separated by itself out of that 6-month span. Mr. Beattie said they could probably order the equipment within 30 days and give cash within 30 days after the City Council appropriates recipient. Mr. Matz said it has to be provided within 6 months of confirmation and Mr. Kaspszak stated that equipment can take longer than 6 months to arrive. Chairman Weaver suggesting placing the equipment order expeditiously but that d'elivery of equipment is beyond everyone's control. MOTION by Ms. Hughes, seconded by Mr. Peterson, that the CATV Advisory Commission recommends to the City Council, regarding the Franchise Agreement, Section 4.04. last paragraph, be amended to read: "Storer further agrees to provide to a non-p�ofit corporation designated by the City the sum af Ten Thousand Six Hundred Ninety-Seven Dollars (�10,697.00) to be made available within 30 days of de- signation by the City, to be used for public or educational access related purposes only. The equipment shall be made availabte by Storer within six (6) months of Board certification." UPON A YOICE VOTE, ALL VOTING AYE, CHAIRMAN wEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Belgum, referring to page 24, asked if the Commission is going to be invited to participate in the use of these future channels. Ms. Wold Sindt said they are holding them for future service and they will be coming to the Cortunission and letting them know. She said they will be consulting with the Commission about the new services and what is available. 4D CATV Advisory Commission Meeting - November 18, 1982 Page 5 Chairman Weaver reviewed the changes: Section 7.02, page 31, Annual Reports - City agrees to maintain confidentiality. Section 7.02(D), page 33, the words "and copy" will 6e deleted. Section 10.04 (A)(2), page 56 -"at a cost not to exceed its then fair market value. Mr. Matz said those changes had been made. Ms. Nughes felt they did not have a consensus on that. Mr. Moravetz said they had added "not including the value of the franchise." Ms. Hughes said she wanted to 6e clear about removal and termination. Mr. Matt explained the three points: 1) In the event a third party wishes to purchase the system the City does have the first right of refusal; this would require the City to purchase on matching terms; 2j When City purchases in t�e event of termination, where Company is failing to adhere to terms and conditions of the Franchise, that is the book value; 3) Expiration of franchise - existing provision is it can be purchased at book value and this has been discussed and the Company is very concerned about the book value. He further stated at the last negotiating and Cortmission meeting they arrived at "fair market value not including the value of the franchise." MOTION by Ms. Hughes, seconded by Mr. Belgum, that the CATV Advisory Cortmission reaffirms Section 10.04(A)(2), page 56 of the Franchise Agreement ". . of City at a cost not to exceed its then fair market value not including�the value of the Franchise." UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Belgum, seconded by Ms. Hughes, that the CATV Advisory Commission sha�fT�forward to the City Council, the Franchise Agreement, as amended and re- ftected in the CATV Advisory Cortrnission minutes of November 18, 1982, with the approval of the Cortmission and its recortmendation for adoption. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLAREO THE MOTION CARRIED UNANIMOUSIY. Statement of Cortmitment: Chairman Weaver asked about the name changes (General Television of Minnesota. Inc. dba Storer Cable Communications) and Mr. Beattie replied that it has been re- gistered witf� the Secretary of State's Office. MOTION by Ms. Hughes, seconded by Mr. Peterson, that the CATV Advisory Conmission recommends for adoption by the City Council the Statement of Comr�itment which is included with the Franchise documents submitted to the City Council. UPON A VOICE VOTE. ALL YOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIEO UNANIMOUSLY. Mr. Matz said they received an Addendum to the Subscriber Contract and he discussed this with Mr. Beattie and they propose to attach the Addendum rather than go 6ack and change the master copy. Chairman Weaver asked how do they get a guarantee that those amendment and addendums get attached to the Contracts. Mr. Matz said if they are not attached, the Company is in violation of the Franchise. Mr. Kasps2ak felt it was not practical to give the contract with an addendum. Mr. Beattie said they suggested the addendum because of ease of administration in getting to Fridley subscribers and the separate addendum clearly outlines critical information for the subscriber and thought it was better than retyping the whole contract. Chairman Weaver asked is this not incorporated into the Ordinance by reference and Mr. Matz said yes, it is attached as an exhibit and certain provisions do appear in the rate ordinance and agreement. 4E CATV Advisory Comnission Meetina - November 18, 1982 Pa4e 6 Mr. Matz said furt�er that they wanted the Company to change the standard con- tract and that was not feasi6le and in light of that is the Addendum. He said an alternative would 6e to drop the requirement of t�e Subscriber Contract. Chairman Weaver said the documents that they are now passing onto the City Council with recommendation have already been run through the word processor and asked if it is t�e City's word processor copies of these documents that will 6ecome the Ordinance and who is �esponsible for editing. Mr. Moravett said these documents will become the Ordinance and the City Manager's office, Central Services and himself will do the editing and that the Subscriber Contract will not beccome part of the Ordinance, it will stand alone with the Statement of Cortmitment and Mr. Matz said nothing in the Subscriber Contract can be contrary to the Ordinance or Agreement. MOTION by Ms. Hughes, seconded by Mr. 6elgum, that the CATV Advisory Commission ere y approved and forwards to the City Council the Subscriber Contract and Addendum. UPON A VOICE VOTE, THREE VOTING YES AND MR. KASPSZAK VOTING N0, CHAIRMAN WEAVER DECLARED THE MQTION CARRIED. Other Business• Mr. Beattie stated one of the things troublinq the Company is that they would like to get some sort of statement of recomnendation from the Commission re- garding the process as to the schedule. He said they have attempted to work out a schedule to progress with Ordinance and Agreement through the Negotiating Cortmittee, the Commission, the Council and MCCB and they have gone through two schedules and are now on a third schedule. He stated further that they are re- questing that the Comnission take a position that the documents are now com- pleted and that most, if not all, of the problems have been resolved to the satisfaction of the Commission and that the Commission recommend a review that is thorough and expeditious and endorse this schedule. He said the first reading would 6e on November 22nd and second reading and passage would occur on December 6th and they are on the MCCB Agenda for December lOth which means they would have to publish no later than December 8th. He also said they would have to send to the printer's a copy of the Summary Ordinance prior to the second readong to meet the date of publication. Mr. Matz said their office will draft the Summary Ordinance. Chairman Weaver said they could send a letter to the City Council for expeditious handling of these matters but the third schedule is not firm and asked Mr. Matz if this new schedule was consistent with the City Charter. Mr. Matz said it was but he didn't think the City Council was aware of the schedule they were talking about tonight. Mr. Beattie said they would also like some of the Commission members present at the first or second reading for support and Chairman Weaver said the Commission has no problem giving that 1eve1 of support. Mr. Belgum asked what would happen if it went into January and Mr. Beattie felt it would put the Company in an awkward position and they don't aant to operate under an expired franchise; it would set a bad precedent. Mr. Kaspszak noted that the Mayor has said the City Council will send a letter to the State Cable Board Lhat the Company is not responsible if this is delayed. Ms. Hughes sug- gested putting this request in Mr. Moravetz's Memo to the Mayor and City Council. 4F CATV Advisory Commission Meeting - November 18, 1982 Page 7 Mr. Belgum said he wrote a letter to Mr. Conmunications and he has a response fr to be placed on the Agenda for January's Ad�ourmnent: Mueller, President of Storer Cable om Mr. Mueller and he would like this meeting. MOTION by Mr. Kaspszak, seconded by Mr. Belgum, to adjourn. UPON A VOICE VOTE. AL� VOTING AYE, CHAIRMAN WEAVER DECLARED THE CATV ADVISORY COMMISSION MEETING OF NOVEMBER 18, 1982 ADJOURNED AT 9:10 P.M. Respectfully submitted. Deb Niznik 5 COPSIDE$ATIOi � CITT COUHCIL 11PPOI1i�15 1983 !!►TOB PBO �i 1982 Repreaentati�e: Councilma.n Dennis Schneider �g83 epposntee: LIO�A COIIHlT LAIi 81TFOBCEF�IIT COII1iCIL (1 Representative and 1 �lternate) Councilman Schneider, Repr. 12-31-82 12-31-83 Councilman Hamernik, Alt. 12-31-82 12-31-83 SIIBDRBAI� RATB ADTB08I1T (1 NetDer and 1 Alternate) Councilman Hamernik, Repr. 12-31-82 12-31-83 Councilman Barnette, Alt. 12-31-82 12-31-83 1108TH SQBDRBAAI SBiiER SEA�ICE BOAHD (1 Representati�e and 1 Jllternate) Councilman Barnette, Repr. 12-31-8�2 12-31-83 Councilman Schneider, Alt. 12-31-82 12-31-83 dSSOCIA?ION OF !�Z'ROPOLI?AI�1 NUHICIPALITIBS Councilman Fitzpatrick 12-31-82 12-31-83 Councilman Hamernik 12-31-82 12-31-83 SCHOOL DISTBIG7 �1� COHHDI�IlT SCHOOL ADVISOBY COIIl�11CIL Councilman Barnette 12-31-� 12-31-83 SCBOOL DISTBICT #�3 a$px�s�rreT� Councilman Fitzpatrick 12-31-82 12-31-83 � C�l4SSIOH TSaNS THai iiILL EZPIRB APBIL 1, 1983 FOB CITY COIIPCIL INFOR!l�iIO/ 181tt! $j�l$� iPPOII�iT� PL�ili�iG Ca9SISSIOB ( CHAP?B8 6)( 6!leabera - 3?ear ?er�} General Virginia Schnabel Chairperaon � 1527 Windemere Circle N.E. (H. 571-3318) Chairperson Richard Svanda Env. Qual. 1521 Woodside Court N.E. Commission (H.571-615�)(8.297-2T32) Chairperson Community Development Chairperson Parks � Reereation Chairperson Appeals Commission Chairperson Human Resourcea Chairperson Energy Commission LeRoy Oquist 1011 Hackman Circle N.E. (H.571-0415)(8.482-4383) David Rondrick 280 Stoneybrook Way N.E. (H.571-2359)(8.571-�767) Patricia Gabel 58u7 - 2 1/2 St. N. E. (H.571-1288)(8.571-�600) Mary van Dan 63�2 Baker Avenue N.E. i H.571-317'i) ( 8.5�►6-31 �5) Dean Saba 6325 Van Buren N.E. (H.57t-1953)(8.631-5860) A-1-85 4-1-85 4-t-84 4-1-85 4-1-85 4-1-8u �-1-83 COl4lDHI?T DEVSLOPKENT COl4IISSIOI�T (CHAPTBR 6)(5 �'�� - 3 iEAR TSRMi Chairperson LeRoy Oquist 1011 Hackman Circle R.E. (H.571-OA15)(�.u82-�383) 4-1-84 Yice- Renneth 9os 4-1-85 Chairperson 990 68th Avenue N.E. ( H. 571-22�16 ) Connie Modig 1330 Hillcrest Drive N.E. (H.571-0550)(8.298-3789) Carol Fassett 1001 Lynde Drive N.E. (H.571-5476) Alfred Gabel 5947 2 1/2 St. N.E. (H.577-1288)t8.561-8800) �-t-83 4-1-83 4-�-84 � 5A APPOII�ITBB TER!! HZPI g3 �-1-86 4-1-86 � EXPIRING CON�IISSION POSITIONS 18a!! PRESENT NFl�ERS �S$� �POZATSS PARBS U�D RBCREA?IOH CQ4IISSIOl1 (Chapter 6)(5 Mesbera - 3 Tear ?er�) Chairperaoa David Kondrick �-1-85 280 Stoneybrook Way N.E. ' (H.571-2359)(8.571-4767) Vice- Mary Sehreiner �-1-85 Chairperson 6851 Oakley St. N.E. (H.571-3045)(B.571-1010) Jan Seeger 4-t-84 324 Ironton Street N.E. ( H.78�1-?�41) Dick Young �1-1-83 5695 Quiney St. N. E. (H.571-8098) Daniel Al1en 1 4-1-83 6200 Rice Creek Drive N.E. ( H.571-3137) ( B• 373-�956) dPPEALS CONFIISSIOA (Chapter 6)(5 y�ers - 3 7ear Tera) Chairperson Patricia Gabel 4-1-85 59�7 - 2 1/2 St. N.E. (H.571-1288)(B.571-a600) Vice- Alex P. Barna �I-1-85 Chaiperson 560 Hugo Street N.E. (H.784-5468) Jean Gerou 4-1-8�1 1650 Briardale Rd. N.E. (H.571-6736) Donald R. Betzold 4-1-84 5640 East River Road Apt. 105 (8.571-0098) James Plemel 4-1-83 6864 Channel Road N.E. , ( H.571-0026 ) (B.�121-4760x1126 ) 5B PAGE 2 �� . �' ��. �+ ; ' 4-1-86 �4-1-86 4-1-86 { EXPIAING COt99ISSI0N POSITIONS � PRESL�IIT M@ffiS&S BZP�BF.� ,PPOII[TSS �9IROI�AT�I. QIIALI'� CQQlISSIOi ( Cbapter 6)( 5 Me�bera - 3 Tear ?era) Chairperson Richard Svanda 1521 Woodside Court N.E. (H.571-6154)(B.297-2732) Maynard Nielson Vice- 7144 RivervieW Terrace N.E. Chair (H.571-6608)(V.571-0761) Tom Gronlund 7411 Lyric Lane (H.786-T459)(B.370-�1q1) Bruce Petersoa ?503 Tempo Terrace N.E. (H.786-9898)(8.853-5041) Marcia Schaaf 5534 W. Bavarian Pass N.E. (H.571-0963)(B.571-4600) �-1-85 4-1-85 4-1-83 �-1-83 4-1-84 � HUMAA RPSOIIRCES COtliISSI01i ( Chapter 6)( 5 Meabera - 3 7ear iera) Chair Vice- Chair Mary van Dan 6342 Baker Ave. N.E. (H.571-3177)(8.546-31�5) Brian Goodspeed 731 Rice Creek Terrace N.E. (H.571-u822) Peter Truenfela � 5248 Hoirizon Dr. N.E. (H.572-8229)(8.638-7619) Jayne Noble 7381 Jackson St. N.E. (H.784-4771)(8.786-0800) Lynn Boergerhoff 7374 Yan Buren St. N.E. (H.786-7167) 4-1-84 4-1-84 4-1-85 4-1-83 4-1-83 SC PAGE 3 APPOIIi?BB TERt! ETPIRSS u-1-86 4-1-86 4-1-86 4-t-86 � EXPIRING COM�iISSION POSITIONS TSBM PRESENT MFl�EES �j$� ePPOINTEE BAERGT C�l�IIS.SI01 ( CDapter 6)( 5 1lesbera - 3?ear Ters) � Chairperaon I Vice- Chairperson Dean Saba 6325 var� Burea N.E. (H.571-1953)(8.631-5860) Todd Tessmer 6890 Channel Rd. N.E. (H.574-1904) Jerry Cichosz (Resigned 10-19-82) 4-1-83 4-1-85 4-1-84 William Jordan 4-1-85 895-76th Ave. N.E. (H.786-5504)(B.374-5800x60) William F. i�harton 4-1-83 6887 Channel Rd. N. E. (H.571-8555)(8.853-2207) CABLE TBLL9ISION COfMISSIOH (Code Section #05.28)(5 Meabera - 3?ear ?ers) Chairperson Burt Weaver 4-1-84 Vice- Chairperson 928 Riee Creek Terrace N.E. (H.571-4237)(8.571-1249) Duane Peterson 7376 Stinson Blvd. N.E. (H.786-5174)(B.374-1120) Barbara Hughes 548 Rice Creek Terrace N.E. ( H. 5? i-6 t 82 )( B. 8? 1-7 332 ) Ed�+ard Raspszak 1317 Hillcrest Drive N.E (H.571-0441)(B.544-2115) Harold Belgum 191 Hartman Circle N.E. (H.571-1191) 4-1-83 4-1-85 4-1-85 4-1-84 5D PAGE q APPOII�ITSB TBRM SZPIR� u-1-86 4-1-8A 4-1-86 u-1-86 � EXPIRING C0�4�lISSION POSITIONS rSH!! PRESEAT l�EMtBERS $�Sjj� tPPOIBrSS FBIDLS? HOQSIHG AIiD REDE9BLOPl�NT SIITHOBIIT (5 Meabera - 5 Zear Tera) Chairperaon Larry Commers 6-9-84 5212 St. Moritz Drive N.E. (H.571-8925)(8.339-3355) 11iee- Elmars A. Prieditis Chairperson 6031 Benja�in St. N.E. (H.571-7230)(8.332-1401) Walter Rasmussen 7806 Alden Kay N.E. (H.571-6232)(8.379-8811) Duane Prairie 489 Rice Creek Terrace N.E. (H.571-3993)(B•786-9800) Carolyn Svendsen 6171 Rerry Lane N.E. (H.571-6060)(B.571-2345) 6-9-86 6-9-87 6-9-83 6-9-85 , POLICB COl4iISSIOti (Chapter 102) (3 !leabers - 3 7ear ?er�) John. K. Hinsverk 4-1-85 170 Hartman Circle N.E. (H.571-6038)(B.425-4541) Jean Schell 4-1-83 5198 St. Moritz Drive N.E. cH.57�-32a3) Elizabeth Rahnk �I-1-84 209 Rice Creek Blvd. N.E. (H.571-2to8)832 I 2-1-3-7 5E PAGE 5 � r= t�� + ; 6-9-88 4-1-86 RESOLUTION N0. -1983 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of , Minnesota, as follows: is hereby designated to serve as a director of the Suburban Rate Authority, and is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1983 and until their successors are appointed. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF � ) I, the undersigned, being the duly qualified and acting Clerk of the City of hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of at its meeting on , 198_, as the same is recorded in the minutes of the meeting of such council for said date, on file and of record in my office. Dated this day of , 198 (SEALj City of City Cler SF � • �.►• � • • • :c • �.�• �� .a. e+ � • �.�•�. • • ��. • • —T • • ��; I, Sic�ey C. Innan, do hereby vertify that I am Clerk-�iYeasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further oertify that at a meeting of said corporation duly and properly called and held on the lOth day of January 1983, the follaaing resolutions were passed= that a quortiun was present at said meeting; and that said resolutions are set forth in the minutes of ineeting and have not been rescinded or modified. IT IS HER�Y RFSC�VID that the Fridley State Bank is hereby designated as a depository for the funds of this o�rporation. IT IS F(1RTHF�t R�O[„VF� that checks, drafts or other withdrawal orders issued against the funds of this oorporation on deposit with said bank shall be signed by two of the follawinq: Siciney C. Irn�an, Clerk-Treasurer Nasim M. Qureshi, City Manager Richard D. Pribyl, Finance Offiver and that said bank is hereby fully authorized to pay and charge to the account of this oorporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratifited, approved and confirmed. BE IT FURTHER RESOLVED that any bank or savings and loan may be used as depositories for investments purposes so long as the investments comply with authorized investrnents as set forth in Minnesota Statutes. BE IT FUFtTt�ER RFSOLVID that the sic�atures of two of the following named City enployees are required for withdrawal of City investment funds from savinqs and laan associations, and for acoess to the safety cieposit box: Sicfiey C. Irman, Clerk-Treasurer Nasim M. Qureshi, City Manager Richard D. Pribyl, Finance Offioer BE IT FUR�iIIt RF50LVID that any brokerage fiIIn may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. 6A Page 2- Resolution No. — 1983 I further oertify that the Council of this ooaperation has, and at the time of adoption of said resolution had, full pawer and lawful authority to adopt the foregoing resolutions and to oonfer the powers therein granted to the persons named who have full pawer and lawful authority to exercise the same. pASSED AND ADOPTID BY ZHE CITY �(JNCIL OF THE CITY OF FRID�LEY �IS nAY OF _ i,r 1983. WILLIAM J. NEE - MAY�R AZTFBT: SIDNEY C. II�IAIQ - CITY Q,�2iC 2/2/8/24 RF�O�,i1TDON AD. - 1983 RESdI�UTIt)N DESIGNATIl� AN OFFICIAL I�3n1SPAPII2 FOR THE YEAR 1983. WIH�REAS, the Q�arter of the City of FYidley requires in Section 12.01 thereof that the City Co�cil annually desic�ate an official newspaper for the City. N�W, TF3ERF�FURE, BE IT RF�OLVID that the Fridley Sun Newspaper is designated the legal newspaper of the City of Fridley for the year 1983 for all publications required to be published therein. BE IT fl1RTHER RF50LVID that the Fridley Sun is accordingly designated the official newspaper for the year 1983. PASSED AND ADOPrID BY THE CITY �UNCIL OF THE CITY OF FRIDLEY Z�IIS AAY OF , 1983. AZ'1'ES'T: SIDNEY C. Il�II�IAIJ - CITY Q,gtK 8/23 a WILLIAM J. 1�E - MAYOR 7 7A. r � � il�: � NEWSP�APERS ;SUN� MINNESOTA SUBUFiBAN NEINSP/1PEfiS. � De c e mb e r 8, 19 8 2 r.r�- �.o, eus►, t,ke fic.e Edna, MN 554,'i5 • d31-1200 City Councfl City of Fridley 6�131 University 1►venue N.E. Fridley, Minnesota 55421 . Gentlea�en: Your designation of the Fridley Sun to be youz official newspaper for the year 1983 will be most appreciated. The zate fos legal publications as set by Hinnesota law is 22.6C per line for the first inseztion, 15.1C per line for each subsequent inseztion. Tabular matter, i.e., proper names, numbers, legal descriptions, etc., is 7.SC per line additional for the original insertion with no additional charge for repeats of the oriqinal insertion. We will provide, a� no additional charge, two notarized affidavits on each of your publications. Additfonal notazized affidavits on request, will be furnished at 25C each. �►11 publications should zeach this offfce by 2 p.m., Friday pzeced- ing youz wednesday publication. In order to expedite ouz services to you, it is requested that you direct your publications to the attention of Mezidel Hedblom, Legal Depaztment, 7401 Bush Lake Road, Edina, MN 55435. Thar►k you for your considezation of this, ouz official application for designation of the Fzidley Sun ss youz official newspapez for the ensuinq year. Very truly youzs, iQN �TA AN NEWSFAPERS � INC. �� Elmer L. Andezsen Publisher •�.�: i� • •:c RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEE.TII�X'�.5. W�iERF.AS, Section 3.01 of the Q�arter of the City of Fridley requires that the City Co�mcil shall meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Cl�arter of the City of Fridley requires that the Co�mcil shall meet at such times as may be prescribed by resolution; and WHII�S, It has been the practice of the Council to meet on the first and third Mondays of each month at 7:30 P.M., for the purpose of holding Council meetings, except when those dates are impracticable� I17W, Z�IIItEF1�RE, BE IT RFS�VED, By the Council of the City of Fridley that: l. The Co�cil will hold its Council Meetings on the first and third Mondays of each month except for the months of January, March, July, August and Sept�nber when the meetings will be held on the second and fourth Mondays; and except for the month of February when their meeting will be held on the f irst and fourth Monday. 2. ZYie Co�mcil shall meet at 7:30 P.M. on the above desic��ated days. PASSED AND ADOPTID BY ZHE CITY �fJNCIL OF ZiiE CITY OF FRIDLEY ZIiIS DAY OF , , 1983. ��TILL,IAM J. I�E - MAYOR ATl'F�T: SID[�T�,'Y C. II�N - CITY Q�2K 17/3 : l MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) elaine erooklyn Centec Brooklyn Park Burnsville ' Circle Pines Columbia Heights Cottage Grove Crystal � REPRESENTING THE CITIES OF: Eden Prairie Edina Fridley Golden Valley Hopkins Minnetonka Mounds View AND THE New Hope Oakdale Richfieid Robbinsdale Roseville St. Anthony St. Louis Park White eear Lake INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL N0. 49, AFL-CIO TERMINATION OF AGREEMENT Thirty (30) days after the date of the issuance by the acbitrator of the award in the grievance arbitration case PERB N0. 83-PP-19-B between the City of Columbia Neights and IUOE, Local No. 49, all agreements, MASTER and Local Addendum, between the twenty-three (23) cities listed above and IUOE, Local No. 49 shall terminate unless MAMA and IUOE, Local No. 49 mutually agree to ceinstate and continue the MASTER AGREEMENT and Local Addendum. Dated this � e�— day of � p ,,,n (r .x- , 19 8 2 . FOR�(JOE, �� gcA o. a9: . Dat� this I♦� day of '1r, � ,,,�le �,r• , 19 8 2 . 0 ; �;},�...i:� � ; : �,�,�.��_ ��l � Tliis suppleme�tary agreenent is entered into between the City of Fridley - a�nd the International Union of Operating Engineers, Local No. 49, AFirCIO, ' for the period beginning January l, 1983 unless renewed or extended by nutual agreanent of the perties. Nothing in this supplementary agreeJnent may be in conflict with any pravision of the MASTgt AGREII��NT between MAMA, the City of Fridley, and I.U.O.E., Local No. 49, AFL-CIO. In the event of conflict the MASTER AC�tEB�NT will prevail. B-I. c i 9R RF�(I�TTI,ON 1�A. - 1983 RFSCd,VTION AU7i�2IZII� SIGNING AN AGREEMENT FOR CERTAIN iMpIAYEFS REPRESENTED BY LOCAL N0. 49, AFL-CIO iPUBLIC W�RKS AND PARRS) FOR 1983-1984 WHERE�S, International Union of Operating Engineers Local No. 49, AFL-CIO, as bargaining representative for oertain Public Works and Park employees of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions of enployees of the Public Works and Park Departrnents of the City of Fridley= and WH�S, the City of fYidley has presented to the desicp►ated representatives of Local 49 various requests relating to working conditions of employees of the Public Works and Park Departn►ents of the City of Fridley; and WNIItFAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the Cityt � F�tE�S, agreement has naw been reached between representatives of the two parties on the proposed changes to the existing agreenent between the City and the Union; � N0�7, �IEREfl�RE, BE IT RFS�VID by the City of Fridley that such agreement is hereby ratified and that the Mayor and the City Manager are hereby authorized to sic� the attached Agreenent (1lppendix �U relating to working conditions of enplayees of the City of Fridley Public Works and Park Deparbnents. PASSED AND ADOPTID BY Z4iE CITY �UNCIL OF �lE CITY OF FRIDLEY THIS LIAY OF , 1983. WII�LIAM J. NEE - A9A1�DR ATI'F5'P: SIDNEY C. Il�•!AN - CITY Q�tiC 2/2/8✓29 . � � APPENOIX A �• • : • • � e+• �� BEIWEEN '� l�.'�OiaOLITAN ARFA M�TAGII�Tr ASSOCIATION (t� Blaine Brooklyn Center Brooklyn Park Burnsville Circle Pines Col�anbia Heights Cottage Grave Crystal R�RFSfTTPIII� ZEE CITi�S OFs Eden Prairie Edina Ftidley Golden Valley Hapkins Minnetonka Mounds View Ai�ID THE New Hope Oakdale ltichf iela Robbinsdale Roseville St. Anthony St. Louis Park White Bear Lake II�T!'ERNATmN�L UIJION OF OPII2ATIIVG II�IIJEE�'LS (IUOE) � IDCAL AA. 49, «• JANUARY l, 19ffi — DECQ�'�IIt 31, 1984 9C � I II III N V � VII VIII IX X XI XIZ XIII XN XV XVI XVII XVIII XIX ?Q� ?�CI 7DCII 2IXIII ?IXI�T �. -� . .. � ►. � PIJFtP06E OF 1�GFtEII�3�'P . . . . . . . . . . . . . . . . . . . . 1 RDQOGNIT�DN . . . . . . . . . . . . . . . . . . . . . . . . 1 t3NI0N SEQJRI'I'Y . . . . . . . . . . . . . . . . . . . . . . . 1 II�iPL0YII2 SDUJRITY . . . . . . . . . . . . . . . . . . . . . 2 II�iFiAYi�t AU'IHORI't'Y . . . . . . . . . . . . . . . . . . . . . 2 i�iPiDYEE RICfiIS�UANC£ PRO(�JRE . . . . . . . . . . . . 2 DEFINITIDNS . . . . . . . . . . . . . . . . . . . . . . . . 4 SAVIl�S Q�USE . . . . . . . . . . . . . . . . . . . . . . . 5 WORK S�iEDUI�ES . . . . . . . . . . . . . . . . . . . . . . 5 OVF�t'TD�E PAY . . . . . . . . . . . . . . . . . . . . . . . 5 C11I�L BAQC . . . . . . . . . . . . . . . . . . . . . . . . 6 LDGAL DEF'F3d5E . . . . . . . . . . . . . . . . . . . . . . . 6 RIGFJT OF StJB�f1'�21�.'T . . . . . . . . . . . . . . . . . . . . 6 DISCIPLIISE . . . . . . . . . . . . . . . . . . . . . . . . 6 SFZ�lI0R1'I'Y . . . . . . . . . . . . . . . . . . . . . . . . . 5 PTaOB�TIONARY PERIOD6 . . . . . . . . . . . . . . . . . . . . 6 SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 JOB PDS'TII�]G . . . . . . . . . . . . . . . . . . . . . . . . 7 INSUFiAN(E . . . . . . . . . . . . . . . . . . . . . . . . . 7 HOLIDAYS � . . . . . . . . . . . . . . . . . . . . . . . . . 8 Sa3PE OF AGRED�ET1'15 . . . . . . . . . . . . . . . . . . . . 8 WC�RKING OUT OF CZ�ASSIF'ICATD�N . . . . . . . . . . . . . . . 8 WAIVIIt . . . . . . . . . . . . . . . . . . . . . . . . . . 8 DURATIDN . . . . . . . . . . . . . . . . . . . . . . . . . 9 APPII�mIX A — WAG£5 . . . . . . . . . . . . . . . . . . . . .10 APPfNDIX B — LOC'AL ADDIIJDUM . . . . . . . . . . . . . . . .11 9D 9E . ;.,. . �. �} ,� , �� « . - �.: ,. I[�TIItNATIONAL tJNION OF OPERATIt� F�D�iS LOCAL N0. �9 AFZrCIO ARTIQ�E I. PURPOSE OF AC�ItE� TYsis AGRE�IT is entered into between the CITY OF fRIDLEY, hereinafter called the Eh�i�OYER, and Local No. 49, International Union of Operating Engineers, AF�rCIO, hereinafter called the t3NI0N. �e intent and purpos�e of this AGREII� is to: 1.1 Establish oertain hours, wages and other oonditions of enplayment; 1.2 Establish procedures for the resolution of disputes concerning this AGRE�IT'S interpretation arxi/or application; 1.3 Specify the full and c�lete un3erstanding of the parties; and 1.4 Plaoe in written form the parties' agreement upon terms and conditions of enployment for the duration of this AGREII�IENT. The EMPIAYER and the tTNION, through this Pr�, oontinue their dedication to the highest quality of public servioe. Both parties recognize this AGRED4IENT as a pledge of this dedication. ARTICLE II. RDmGNITION Zhe FI�iPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes', Section 179.71, Subdivision 3, in an appropriate bargaining unit consisting of the following job classifications: ARTICI.E III. tJNlON SDGURITY In recoc,g�ition of the UNION as the exclusive representative the EMPLOYER shall: 3.1 Deduct each payroll period an airo�t sufficient to provide the payment of dues established by the UNION fram the wages of all employees authorizing in writing sud� deduction, arra —1— 9F 3.2 Renit such deduction to the appropriate desicg�ated offioer of the UNION. 3.3 Tl�e t1NI0N may desic�ate oertain enployees from the bargaining unit to act as stewards and sha11 inform the EMPIAYER in writing of such choice. 3.4 Zl�e UNION agrees to indennify and all claims, suits, orders, the City �der the provisions ::�y « � ?�e�� !�X� '}?! 1� 44� and hold the DKPiiOYER harmless against any or juc3gments brought or issued against of this Article. Zt�e UNIOrT agre�s that during the life of this AGREEI�IENT it will not cause, encourage, g3rticipate in or support any strike, slaw-dawn, other interruption of or interfer�ce with the normal functions of the D�1Pti0YER. . :�V « �� !2�� . Y�. �)C �4`1 5.1 7he �IPiDYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equignent; to establish f unctions and programs; to set and amend budgets; to determine the utilizati on of technology; to establish and modify the organizational structure; to select, d.irect and c3etermine the nuQnber of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGRE�IT. 5.2 Ar�y term and oorxlition of enployment not specif ically established or mod.ified by this AGRED�3�T shall renain solely within the discretion of the II�SPLDYER to modify, establish. or eliminate. ; •� M a r • � • e+• ►. e+• � • • • •,� �� i• + �I Y • � � : h: �► : � �! A grievance is def ined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREII�+ff',NT. 1�1 •� :�!':-- ?��1 : M�/k Zhe Er�'LDYER will reco�ize representatives desic�ated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their suc�essors when so desi�at�ed. • : � ►. � �'+: a . �.� It is re�ized and acoepted by the UNION and the EMPIAYER that the processing of grievances as hereinafter prwided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be acoanplishecl during normal working hours only when consistent with such -2- 9G II�SPiAYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESII�ITATNE shall be allowed a reasonable amount of time without loss in pay wh� a grievanae is investigated and presented to the iI�'tAYE�t during normal working hours pzovided the EMPLOYEE and the UNION R�RFSFNPATNE have notified and received the approval of the ciesic�1ated supervisor who has determined that such absence is reasonable and would not be detrimental to the work prograns of the D�iPi07F.R. �:�� r Grievances as defined by Section 6.1, shall be resolved in conformance with the follvwing procedure: SteB 1- An F�iPLDYEE claiming a violation oonaerning the interpretation or application of this ACREQ'�1T shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step l grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be plaoed in writing setting forth the nature of the grievanoe, the facts on which it is based, the provision or provisions of the P�REII�NT allegedly violated, and the renedy reguested and shall be appealed to Step 2 within ten (10) calendar days after the II�'�LOYER-desic�ated representative's f inal answer in Step l. Any grievance not appealed in writing to 3tep 2 by the UAIION within ten t10) calendar days shall be considered waived. Ste� 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. Tl�e nKPLOYER-desic�ated representative shall give the UNION the Ft�'iAYER'S Step 2 answer in writing within ten t10) caler�dar days after receipt of such S�p 2 grievance. A grievar,ce not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Fa�'l�OYER-desic�at�ci representative's final Step 2 answer. Any grievance not ap�pealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considezed waived. St�p 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. �e EN�iDYF,R-designated representative sh all give the t1NI0N the D�IPLAYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days follawing the FI�LDYEt�desfc�ated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar c3ays shall be considered waived. St�B 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minrresota Bureau of Diediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 —3— within ten i10) calendar days follawing the EMPLOYER'S final an.swer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be �onsic3ered waived. �tep 5. A grievance �auesolved in Step 4 and appealed in Step 5 shall be su4mitted to arbitration subject to the provisions of the Public fynployrr�ent Labor Relations Act of 1971, as amended. Tt�e selection of an arbitrator shall be made in acoordance with the "Rules Gwerning the Arbitration of Grievances" as established by the Public �loyment Relations Baard. ::= Y:: N: �M..�: YY A. The arbitrator shall have no rfght to amend, modify, nullify, ignore, add to, or subtrack fram the terms and conditions of this AGREf,T�IENT. The arbitrator shall consider and decide only the specific issuels) submitted in writing by the EMPIAYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. Rhe arbitrator shall be without pawer to make decisions oontrary to, or inconsistent with, or modifying or varying in any way the application of laws, � rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted fn writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the FMPi�OYER and the iJNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGRE�3�T and to the facts of the grievance presented. C. 7t�e fees and expenses for the arbitratar's servioes and proceedings shall be borne equally by the ET�IIiAYF�t and the UNION provided that each party shall be responsible for compensatfng its own representatives and witr�esses. If either party desires a vezbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties c3esire a verbatim record of the proceedings the aost shall be shared equally. ,�: u�; If a grievance is not presented within the time limits set forth above, it shall be oonsic3ered "waived'. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be oonsic3ered settled on the basis of the EMPLOYER' S last answer. If the II�iPLOYIIt does not answer a grievance or an appeal thereof within the specified time limits, the UtJION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. �e time limit in each step may be extended by mutual agreenent of the a4�i�0YIIt and the LR�ION. y.,� 4 • ; a„��a —4— � � If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension desnotion, or discharge of an employee who has completed the requirec� probationary period, the grievance may be appealed to StQp 5 of ARTICLE VI or a procedure such as: Civil Serviae, Veteran's Preference, or Fair Fh�layment. If appealed to any procedure other than Step 5 of ARTICLE N the grievance is not subject to the arbitration procedure as pravided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized--Step 5 of ARTICLE VI or another appeal procedure—and shall sign a statenent to the effect that the choioe of ar►y other hearing precludes the aggrieved employee from naking a subsequent appeal through Step 5 of ARTICLE VI. ARTIQ�E VII. DEFINITI�LS )�► �;� Tt�e International Union of Operating Engineers, Local No. 49, �'Ir�IO. s„1• � ��; �he individual ma.micipality 8esicg►ated by this AGRF'.D�NT. )\I • � yl}yl: �I� A n�nber of the International Union of Operating Engineers, Local 49, AFir-CIO. y��' �1� A Menber of the exclusively recoc,g�ized bargaining unit. :.: : : Y Tl�e enployee's hourly pay rate exclusive of longevity or any other special allowance. �►� • : w4 Length of continuous serviae in any of the job classifications covered by ARTICLE I� - REOOGNITION. F�nployees who are promoted from a job classification covered by this AGREEMENT and return to a job classification oovered by this AGRE�"1ENT shall have their seniority calculated on their length of servioe under this AGREa�N'T for purposes of promotion, transfer and lay off and total length of service with the EI��'iAYER for other benef it ta�der this A�GRED�. �jx::. �1 Payment made to an esnplayee u�pon honorable termination of enplqm�ent. •. i�:�M�„� Work performed at the express authorization of the F�',FiAYIIt in excess of either eight (8) hours within a twe�ty-four (24) hour peria7 (except for -5- 9J shift d�anges) or more than forty (40) hours within a seven (7) day period. 7.9 �g� Return of an employee to a specified work site to perform assigned duties at the express authorization of the II�1PI�OYER at a time other than an assic�ed shift. Ari extension of or early report to an assi�ed shift is not a call back. ARZZ(ZE VIII SAVII�X'�S Q�ADSE Zhis AGREFMENT is subject to the laws of the United States, the State of Mirv�esota and. the sicy�ed m�micipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other prwisions of this AGRE�IT shall continue in full force and effect. The voided provision may be re�egatiated at the zequest of either p3rty. « . ••• •��. }. 9.1 Zrie sole authority is worlc sd�edules is the D+�LAYER. The normal work day for an er�lvyee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through FYiday. 9.2 Servioe to the public may require the establishment of regular shifts for same enployees on a daily, weekly, seasonal, or annual basis other than the normal 8:00-4:30 day. Zl�e EriPLOYER will give seven (�) days advanoe notiae to the e�layees affected by the establishment of work days different fran the e�layee's norn�al eight t8) hour work day. 9.3 In the event that work is required because af unusual circ�nstances such as (but not limited to) fire, flood� snow, sleet, or breakdown of municipal equignent or facilities, no advance notive need be given. It is not required that an enployee working other than the normal work day be scheduled to work more than eight t8) hours, however, each employee has an obligation to work wertime or call backs if requested unless unusual circ�unstances preve�t the enplayee fran so working. 9.4 Servioe to the public may require the establishment of regular work weeks that schedule work on Satuzdays ancVor Sundays. ARTICLE X OVIItT� PAY 10.1 Hours worked in excess of eight t8) hours within a twenty�-four �24) hour period (except for shift �anges) or more than forty (4(1? hours within a seven (7) c3ay period will be oorti�ensated for at orie and one-half (1-L2) times the enployee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by enplayees will for record purposes under ARTICLE -6- 9K 10.2 be o�nsidered as �paid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyravnided, �o�aea, or paid twice for the same hours worked. ARTI(ZE XI CAL�L H�L1C l�in ertplayee called in for work at a time other than the employee's normal scheduled shift will be oompensated for a minim�n of two (2) hours' pay at one and one-half (1-L2) times the anployee's base pay rate. ARTIQ�E XII LfX'�AL DEFFId.SE 12.1 Fmplayees involved in litigation because of negligence, ignorance of laws, nori-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the m�u�►icipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the soope of the employee's englayment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees an� court costs actually incurred by sud� enployee in c3efending against such charge. ARTIQrE XIII RIC�T OF P Nothing in this AGREII�'dJ'P shall prohibit or restrict the right of the FI�iPiAYER from subcontracting work perforn�ed by enployees oovered by this AGRED�.'N'P. ARTICLE XN DISQPLIl� �,e �'I�DYER will discipline employees only for just cause. ARTICLE XV SIIJIORITY 15.1 Seniority will be the c3etermining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factars are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled emplvyees shall have ten t10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall right�. ARTICLE XVI Y PF�tIOL� 16.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 16.2 All enployee's wi11 serve a six (6) toonths' probationaxy period in any -?- 9L job classification in whid� the enployee has not served a probationary perial. - 16.3 At any time during the probationary period a newly hired or rehired enplvyee may be terminated at the sole discretion of the EMPiA�YF.R. 16.4 At any time during the probationary period a promoted or reassigned employee may be denoted or reassigned to the enployee's previous postion at the sole discretion of the DyPi�OYER. ARTIQ�E XVII SAF�TY TY�e D�iPiAYER and the UNION agr ee to j ointly promote saf e and heal thf ul wor king oonditions, to ooaperate in safety matters and to encourage enployees to work in a safe nanr�er. ARTICLE XVIII J�OB PC�STII� 18.1 4he F�'i�OYER and the UNION agree that pern�anent job vacancies within the desicp�ated bargaining unit shall be filled based on the concept of promotion fran within prwided that applicants: 18.11 have the neoessary qualifications to meet the standards of the job vacancy;and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 F.tr�layees filling a higher job class based on the provisions of this ARTICLE shall be subject to the oonditions of ARTICLE XVI (PROBATIONARY PERIOD) . 18.3 The EMPIAYER has the right of final aecision in the selection of enployees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five t5) wozking c3ays so that members of the bargaining unit can be oonsidered foi such vacancies. ARTI(��E XSX II�STJRAN(E 19.1 The �'�'LOYIIt will oontribute up to a maxim�n of one hundred and twenty- five dollars (5125.00) per month per enployee for group health and life insurance including dependent coverage. 19.2 By mutual agreement employees may use ten dollars (510.00) of the 5125.00 per month per enplayee of health insurance dollars for dental insurance for all �mit enployees. 19.3 Dc�loyees not choosing dependent voverage cannot be oovered at EMPIAYER expense for any additional insurance than the individual group health -8- 9 ri and group life insurar�oe. Additional life insuranae can bepur chased by er,�loyees at the employee's expense to the extent allowed under the FMPLOYER'5 group policy. •, « . :.: �. � '�e II�'i�OYIIt will provide eleven (11) paid holidays. •� � •� ��• ' • !1' ]I� 17 ►. No adaend�un to this MASTER AGRED�IENT can be in conflict with this MASTER AGREII�]'P. ARTICLE ?OQI WORI�� OUT OF Q�AS.SIFICAT�I Fh�layees required by the �iPiAY£R and who are adjudged by the Fs1PL0YER to be qualified to operate the follvwing itens of equignent will be paid the Heavy Equignent Operatar rate of pay for those hours assic,y►ed to the unit: ARTICLE �OCIII WAIVIIt 23.1 Any and all prior agreenents, resolutions, practices, policies, rules and regulations regarding items and conditions of employment, to the extent inconsistent with the pravisions of this AGRE�lENT, are hereby superseded. 23.2 �e parties mutually acknowledge that during the negotiations which resulted in this AGRED�IT, each had the �limited right and apportunity to make dernands and proposals with respect to any terms or oonditions of enplayment not removed by law from bargaining. Al1 agreeinents and understandings arrived at by the parties are set forth in writing in this AGREDKENT for the stipulated duration of this AGRED�IENT. The D�4�iAYn2 and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of enployment referred to or o�vered in this AC�tEEMENT or with respect to any term or condition of enployment not specifically referred to or oovered by this A��RF'y�NT, even though such terms or oonditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. — 9— 9N � ARTICLE XXIV DURATION This AGREEMENT shall be effective as of January 1, 1983 and shall remain in full force and effect until the 31st day of December, 1984 , except ttiat either party may reopen for negotiations for calendar 1984 the wage rates in APPENDIX A and the dollar insurance amount as shown in ARTICLE 19.1 and 19.2. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 11� �' day of ��m��,r, , 196 Z. FOR THE METRO OLITAN AREA MANI�GF,M�NT,f1�OCIATION (MAMA) : FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, FOR THE CITY OF ..� �.. � '�i'c+k A. �e following wage schedule will be in effect from the first payroll period i� 1983 through the last payroll period in 1983: Heavy Equipnent Operator (Sr. Sewer� Sr. Water, Sr. Park, Sr. Street, and Mechanic) Specialist (Sewer, water. Park, Street, and General Lic,�t Equipment Operator (Sewer, Water, Park, Street, and Operations & Maintenance Persoril First .Y� 59.630 9.428 9.225 :i y.r,�, , . Secosd Y�� 510.165 9.952 9.738 After ZWo Years 510.700 10.475 10.250 op o�TE DIRECTORATE OF puB��c woR�cs December 23, 1982 10 MEMOiaANDUM 1 ACTIONI INFO• SUBJECT S.A.P. 127-336-01 (Arthur Street - Nasim M. Qureshi, City Mana er Rice Creek Rd. to Miss. Street) The State Aid office of MnDot is in the process of closing the above referenced project. They are holding $5,434.45 final payment to the City pending receipt of a"no parking" resolution (See Attachment). This resolution was shelved in March of 1980 by the City Council. Apparently the adjoining property owners voiced objection to Councilman Schneider. If this resolution is not adopted, I would recommend revoking this section from our MSAS System and redesignating the mileage. CVM/mc Attachment �� t� � FFiI L Y DINECTORATE � PUBLIC WORKS CATE � I�ecember 30, 1982 FROM D.P.W. Mark Burch. Ass I SUBJECT Works M.S.A.S. Flinds for 1974 Arthur Street Improvement ,-� . . ��I,� ; �. : , - �_ .%��•� TO l0A MEMOIaANDUM t ACTIONI INFO• Arthur Street, from Camelot Lane to Mississippi Street, was designated as a State Aid street in 1973. In 1974 it was improved under Project ST 1974-1 to a 32 foot wide paved street with concrete curb and gutter on the east side only. Since the street was not built to M.S.A.S, standarcis (3�6 feet wide), it was not eligible for total t�.S.A.5. funciinq. In 1974 the State Aid office agreed to allow the City to use M.S.A.S. funds for the paving portion of the Arthur Street Improveraent if the City restricted parking on this street. The armunt eligible for M.S.A.S. funds amounts to 55,434.45. The project was constructed in 1974 and "No Parkinq" signs were never installed. 'i'he State Aid office is now closin� their files on this project and needs to know if the City is going to install the "No Parkinq" siqns. If we do not install the signs, we will not be able to collect the $5,434.45 from our 24.S.A.S. funds. The attached resolution must be passed by the City Council if they desire to restrict parking on Arthur Street. [7e will then provide a copy to the State Aid office and receive $5,434.45 from our M.S.A.S. account. t�B/mh AiTACH: 1 RF50LUTDON 1�. � - 1983 RF�OLiI'I'ION RDQ(JFSTII� ZHE POSPI[� OF 'I� PARKII�x'" SIGIZS QJ AI�IfNR S'lREET (MSAS 336) BETWEIIJ MISSISSIPPI STREET AND CAN�fAT I�NE WE�S, Arthur Street between Mississippi Street and Camelot Lane is a below stanc3ard width Minnesota State Aid Street, which results in traffic flaw problems, and W'fff�2EAS, the traffic problens are caused by m�torists parking on both sides of Arthur Street, and WHEREAS, Arthur Street is presently thirty-two feet (32') wide, and the Minnesota Depart�nent of Transportation requires a minimum thirty-six foot _(36') width for State Aid qualifications where parking is permitted. I�a, �IIZEi��RE, BE IT RFSC[,VID, by the City Council of the City of Fridley that the City is hereby authorized to post "NO PARKiNG" sic�s on both sides of Arthur Street between Mississippi Street and Camelot Lane. PASSID AND ADOPTID BY �IE CITY �(JNCII, OF THE CITY OF FRIDLE,'Y �II�S DAY OF , 1983. WILLIAM J. I�E - M�YOR AZ'PF5'P: SIDNEY C. II�'lAN - CITY Q�ERR 2/2/8/21 10 3 1 � � � _ ' � , � 'p "'_•_ _— _ — -- � �� • �OCK : i IARK � ^ 4 � �+�..� a G � �aa � � � • «.. .. p r 4 • � � �:�.� A L l� 9 � �� •. � i �; ♦ q O Q � ... + � ;� ` �! P ' • Q ww� G � � Q �... O+ � � a` � c � o a� Q e Q,� a � • S � Q G v � � �' �. . �' A n . _ awa. wrt ... G y e \ / �v �� ! ,�—� lU_1 U U,� � ` � �� y /� wC• 1)�� ` fA 1 \ +• U • •� � /� � / ..�.w �. N { � � ± � �.�.. Y rr. ^� . : '� ° a " r: r> > V � _�.q� ' � , � '7: : � 1 • � . � � M�DO�l�1O{ NR �rw1 � � �� 1 � / 1 � � . � _ M�• •��N y� ��ti� ••I�t• + ' . �. ...,�• �: �w • I t � •H� •t ; .. ...� �$ _ • :,� ! :`$ $ �� 1 _ i j ....� .�. ..+. . .... ....� .•.. �T G L .......L :, �• N. C ��+��iriLrii; .r;- ^ � L!.►::.. .:..;:: ��n *. ttF fi�:�jl� ....�.. - r• F i r f ...�. +• .,.�••'1.Il�lttr'}�tf ...t., I -...e.. { T � 'M�� : JTl�lt�±�lfl' �, • ��M�Y � �, �� .wr t j � • �''''�.��"�'= '.t t�r c � -.•�:��w.•��M Mj . ..�w �1 �1 t V . � � � `��a.J�r-Ir��~..� !: (� .;�7rl�ti....�e..r • ►-.-v ♦ r..� w « �.r. N � � . a : � . _..._ ". r ...�.:-- �- �-"• ' _ � _ .; -- • :r - -� � u�� "q ti�� •��i•� �`r r�.+��H�i� • � i._ i►i � VI{��I•• •� L� ��~ ��+� j-� w�w�::;: � � R E � �'• I- 1�� M N � 0 �r.i�r�r�Y�t M��• ..,a��.,.�' ��i�:`".;":� _.�,�,�C.,....� ,,j .•� Ir �-1 ♦ ♦ � �•� �1•1�. � }� � J (/• � . Q��i 0 � �� / �� aa. ........ w..� �.... YA r�.w.0 � � � � � � i W - :� �.. ... MM ~ • . � ;. .�........ ....... f W �� w1wM �b �pKE a� �� J ��/ !� � ��►//I///%�� II `� 10 � r �Y�� M V •� D L� �V i_.. ..,,..... ; _. � vi 1 ! wC� dN�� ; ' � NM -J •.� . ' , • �1 •1 � • N�\ 1 ��.� 1w� ; 1 M� � � •N�� 't�' � � � ,' t' ' I. 1, '-1� .♦ �1/1 1 �y :. : "..4'� �V . �� :, ;; 1: . � �.. J � V �1 � , � �� /� `� 1 �I� ,AM . l! � I �...... � �� OJ �ii ��r � ,SZ i �*A �� ►OMO � . � � �� I ..... .. F lf'" = I�� rw .sr�� :: • �!;•. ... . . .. M I� ♦1 i � ��I�1•; ` r ��/I��Nrr i . �, L. �. ��. •�i.• �I•��••�r:.►..: �� J I1� 1�'�ww�.•• 1{�� ' , ••�•�•��. • � �• ��I1�1�'•••' � ,�� •' • � ;��,��'��'��:i�.::... �� 1j1','ii'�'i�'�•�� Il�in . t��ll'��i�� I�I�r � � �}� '�I1�1�11I �� 11 � li ��,'�;�i i;i i�;�►�� i' i i i�� Hf��i f��' -- ��.Il.i�lll %�' 1': �� '��i�. � :�'3t' S s � ��/ . � >- w 4'S x � � y, V . t*�r1NESpp4 � . yo � r � �.� ,' � � Q° yrOF 7i►P��' �linnes�ta ' Department of Transportation Tr�i�sport�tioi� Building St. Paul, Alinnesota 55155 Jaauary 23, 1979 Richard N. Sobiech Fridley Public iJorks Directoz 6431 University Avenue N.E. Fridley, Minnesota 55432 Ia reply refer to: 608 S.A.P. 127-302-0] � S.A.P. 127-302-08 S.A.P. 127-309-06 S.A.P. 127-334-.02 S.A.P. 127-334-03 S.A.P. 127-336-01 CITY OF FRIDLEY DeaZ Mr. Sobiech:' � ^ � �� • 10 D p��,�,� 296-3014 We are sending to you under separate cover two'sets of prints � and the original plan for the above referenced project. This plan has been appraved and you are aow authorized to ad- vance the status of this project. ApProval of S.A.P. 127-336-01 is contingent upon the receipt._ in this office of a No Parking resolution for this street. Sincerely, - � �J. V Delvert D. Oftedahl State Aid Plans � Spec. Engineer cc: i�'m. H. Crawford - C. E. ideichselba� File - 420 DDO:dc An L�'quol Oppa�tuniq� Fmp/oyer ). � i ; � i ' t RFGULAR MEETIHG OF FEBRUARY +. 1980 --�-+-•--• --- �– - •— t � � ,.,�. ' 77 � P�cE � Nayor Nee stated it tAey expect traffic to proceed do�+n to the stop light.tAe improvement would have to be nade. Councilman Fitzpatrick questioned if a motion was neede0 regarding tAe infornw tion from Mr. Herrick. Mr. Qu�eshi felt staff had the tonsensus on how t�e Council ►+ished them to proceed. flOTION by Councilman Fitzpatrick to adopt Resolution No. 8-1980. SeconaeE by Councit+voman Moses. Upon a voice vate. all voting aye� Mayor Nee declared the motion carried unanimously. IOERATION OF A RESOLUTIOt� REQUESTI��G THf POSTI��6 OF "NO PARKittG" S Councilman Schneider indicated he has not had an opportunity to tatk witA residents living in this area regarding the `no parking" signs. Mr. Qureshi telt action could be tabled on this resclution in order tAat Councilman Schneider may have an opportunity to contact the residents. MOT10N by Councilman Schneider to taDle action on t�is resolution. Seconded by Councilman Barnette. Upon a voice vote. all voting aye. Mayor Nee declared ihe motion carried unanimously. CONSIDERATION OF PERMIT FOR BANK STABIL11AT10N PROJECT, MINNEAPQLIS W11TER WORYS • Mr. Qureshi, tity Manager� stated 1t is recommended the permit be spproved and that staff would ►+ork with them on landscaping and bike►.ay right-of-May• NOT10p by Councilman Fitzpatrick to autAorize the administration to execute the permit Nith the Minneapolis uater Works tor the �ank stabilization pro- ject. Seconded by Councilman Schneider. Up�n a voice vote. atl voting aye, Nayur Nee declared the motion carried unanimousty. RfCEIV]NG B1DS ANO AWARD1t�G CO"1TRACT - STORAGE BI►1S: Councilman Schneider asked if local companies had been asked to submit bids. Mr. Qureshi stated they met the legal requirc�ents to advertise tor the bids. hoNever, companies weren't solicited to Did. CouncilRan Schneider felt.in the future. it Nould be in the Dest interests of the City to �ork with tar.panies tn the co�nunity. rOTION by Councilwoman Moses to receive the Dids for the storage bins and award the Did to the low bidder, Sterrart LumDer Company. Secondcd by Councilman fitzpatrick. Upon a voice vote. a11 voting aye, Mayor Nee declared the motion carried unanimously. RELE11�]NG REC04�tEt:�AT10N CO�ZCERr�1t;G TRACTOR BIDS FOR PARr. DEPARTMENT: Mr. Qureshi. City Nanager. stated statf feels the Dids received were not satisiactory. theretore. it is reconrnenaed they be rejec:ed and authorization be qiven`to advertise fo� new bids with m�re options. MOTIO'� by Councilnan Fitzpatritk to reject the bids for the industrial type tractor and authorize staff to advertise tor new bids with Rore oDtions. Seconded by Councitman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared tbe motion carried unanimously. CONSIDERATJON Of CHA!:GE ORDER N0. 1. 1MPP.OYEN�EhT PRW ELT ��0. 127: !lOTION by Councilman Schneider to approve Change Order No. 1. Improvement Froject No. 127 to Kenko, Inc. in the amount of 51.110.00 for additional time and mate�ials required to install a 10 inch water�ain across 73rd Street at Comnerce lane. Seconded by Councilman Barnette. U�on a voice vote. all voting aye. Mayor Nee declared the aation carried unanimously. 10 E � •�1 �►UBL1C HEARING MEETING OF K,1RCN 10. 1975 • �ra� s 41e shect��et�iXitampingth�sse�nDty.ttool9and dt �idkdo:� �g�ce�lny+t� tgMOUI� rel�te to ihe sUmi►i�9 Drojetts. Questions tonterning tAe noise levels were r�lsed Dy restEents ot tAe �re�• � controlnt�eanoise onutaeloutsidetoftthe Dutlding! 1��etelsohpo�tedia+tatMt 1t �,d woutE De possiDie to take some measures 6e�eath tAe eQutp�ent in the so11. Me ncntlor.ed that this Aed Deen donc at thtlr turrent sltt ��►d b+d worked to eli�nin�te tNe Ylbratfons an0 noise. Mayo� Nee setE �e hoped the people �+ou14 keep in �nind tMt thls louttoe 1s ��9�t next to the ratiroad t�acks. . The tlty Manager sat�! tAere �ed Decn quite • bit of dtscusslon on t!+e nolse and vtbration awtter et tAe Planning Co�1ssion level. Nc 11canLR�idta reednto�meet tAe t�ctor in this proposat. T�e City ra na9er said tAe app 9 standards Set out b7 th! Citr. He Seid 1f tAc�e �eoula Ee •ny vi0ratloni o� �ois! tRat go Deyond tRe prcperty. there Mould Aave to be tAe proper s.casu�es taken to aile+►= t�te t�is proDlcm. MOTION Dy Councllman Stan+alt to tlose the PuD11t Nearing. Secondea Dy Councll�^ Kuka+skl, UDo� a vo�ce vote. all voting aye. MaYor \ee detla�ed tAe natloe ur�ied unanimously an0 t�e PuDlic ltearin9 tlosed at 8:19 P.N. �.._._ -�� Mayor ;:ee explatned t�at tl+e assessment roil p*ei�aree ts �e�n9 p.v�o��-�r-•^� �dministration endthe metAod of essessmenca'=4 �F�^�zplrine�ht'eDprpoie otrtAe t� Ctty and nad Deen followed tor �na►ynuny Y PuDlic Hearie9 is to rear the peoD��s �a'r'=^ts• a�rise them on t'+e �roJ Kt tad receive t�e1� co�ents on whet�cr t�e essessnent ts talr �nd provide seit satlst�ctton to the pcople in the assessRent a�e�. Mayor Nee sald son�e ot the 1nDrovencnts Aad Deen t+etittoned to�. so^++e had Deee tetene�ned necesserr Dy t�+� Cou►+cil and ia�o r�ca,r+ended Dy tne At�nf�istration. Kayor ►+ee �eultea tAet t�ere I+ed l�ecn � pre11��^t�ry heartng wAer! estlT�tcs Ot tRe 4osti of tM pro�eCt were glvcn. He safd at th�t ttnM tl�e Councll �ad �cterRlneC t�at t':• projett w�� necessary t�roug!+ dtscussion with t'►e DeoD�� •^d L'e Ci w �ad prccce:eA ta tor.strutt the improvement. FIaY�r t+ee saiE +L tAe D+'esent tir..e� the exact prices ot tAe proiects are kncwn. ?Wyor Nee said the Countit vould �ile to �ea� all ot t"e �csbrks on t�c pro�ects. Mayor Nee tnfoneeE the peoD�e ot t�e area that the Fint ltard Councllnan. Cou++clln+en B�c1de�. Mas out ot Lo►n on e Dusiness Lrip. Dut hc �+ould 1lsten to tl+e ta;+e of t�e �neeting. ltayor 1?ce asked if +11 MAo wished to to�ent �u�d =�ete t�ei� eame +�� ddress tor tAe benefit ot t�c secretary►. TAe PuDltc �'orks Olrecto� Indlcates tl+at tAe D��+^�^�ry' eitinate p*ovlded •t th! i�nprover.ient hcarinq were in most eascs sliahtiv ten�c� or eEout thc se^�c es the iinal assessnent tigure. Mr, SoDiecA conti�ucd to explatn that tne pftu�:+l�us costs �ad tripl�d anE t�is had causcd an 1ncr:asevin s�nt)atton, Eutzthis��dtc�cccdcd (f�r plans for • 10: to 15': 1nt�cas� Mi.A t,pe o tAis figure. Nr. So4iccli io.•o�1 th� Countil :1+at tt+� tont*att cost vras 5197.214 w1tA the 310 to�s of Ditu�^i�us �1x. •�� 'uDlit uorl:S �ircttor said tAe tost !VA riscn tror� S�6 to S92 a ton an� this was a dctemint�q factor 1n arririr.� �t t��e �ecncfron 's:�toa10"Ca�detAis woulJi�ave nadettAe projeci fnron��S1�.000 to�S?OSG='� d less costly. ~ � SQU1Ri DR1Yf . 91�NA CQCRT. CM'LLOT t� +E A!.'0 ART;1iR�CT: pcenPSllig�N��sfDl�nLCf�te;�A�L*�tinal �sscss�; ttMoul4tD� fi1.C5'per'fcotie Mayoe Nee peieted out that the area Deing d/scusseA was on the �aP o� tAe screen. IIC •SkN 1� t�C�� t'C�'e anr ta�*'K'nts tran t�e pcoptc ot t�e arca. '•r. Oavt�l It.�ris said Ae wc�u�d 11ke to �uke sonr cannents on the �roject. but woulE rather Mait until the r��lndcr oi tf+e p*�3K� is discuss��. ' , J 11c Morks Dircctcr sa� .._ ._.,__._. ..e� •,. ew a desfrtn�tcd Strt�_M d Rr�C And Kould bC ib.Vti per �w�. --- � ! t 1� F 1 � � { �. � ! . � � � � . + � � i f � � ; 1 t I� � � � � 10 G �� t 1 �� £// ��pRA•:R t._._� L��_J , L_...�1 � t S�r� /3 ...•u:_- . 6SlSS18S1?PI ST: - • --- , • _— -.•�-----•------ ,�•--•--------1- ►) i �'�,) _ � � t ' � ' i, I (s ooi : ,v � � .• �� .'. � �� .. �,fl 1,�. p, ' �"r'h� . • .. .. :. ! sy i (..+c�! • � i i � (�e1rd �1t1 ''�, aI i h 5 �_ • j 9 7 �_ � �' � I � � J • `�� ,� � �,-� _ I I 1�� ';� , ;. °.J � �•--: t^ '� :: � _ti G �. � L � _-, 1,• � • �,, �, . �?.e� : ��`.v�'':•;' ' `.% .�. �i" � . �'' ''' �'• 'J 1: C) ' �'y�G. � '; � r. �t ': y��. � ;. .G . , .. �! ji , a I t'��.•';'��...r �! �. : C' �!/ :� i: •'Sl.!�l' � �' .. •1i .`�� '� ; ,•.��/ �i•': . � � �'; • � �.:'. Rw%Ii1.-�:! ::' /d..r.. � •� ��=1�i�1_�ii��i�+l.'V..__'_.....�__'�'_'`�.JtVd�Ji.��.:�11i�%.��. I�v.L�`.f:Yt.i; .M".. � .i ..� .:•!..•,.~��1 t +• T!•11�'�,'� ; .... ., \ •, . �� 1 � . � % • . .r.. �'' � � .' ' ��•�. � j � T; . f-"1 ST. 1974-1 STREET II�ROVEMENT PROJECT Front foot rate with curb -- $11.05 Side-yard rate aith curb -- S1.58 Front foot rate without curb -- 56.05 Side-yard rate aithout curb -- $.92 0 0 7� � ---- • - - t•`°��. � •�. .� , , � �; ol,�. POLtCE DEPARTMENT City of Fridley M innesote DATE DECEMBER 29, 1982 FROM PUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT COUNCIL RESOLUTION FOR DWI GRANT NASIM 11 MEMORANDUM TO ACTION INFO RESHI, CITY MGR. X Enclosed you will find a resolution for Council consideration to provide the third year of a DWI Traffic Enforcement Grant. During the past fiscal year, the Fridley Police made 626 D�9I arrests which resulted in a$14,200 reimbursement from the State of Minnesota. The third year grant would provide us with an opportunity of a reimbursement up to $19,000. The reimbursement is based on police officer overtime on this project. JPH/sa 0 RE50LilTDON I�U. �. - 1983 Rf.50LUTI0N AUZ�IORIZIl� SZJBMISSION OF Z4iE QZ1�Nr APPLICATmN AND EXECUTION OF THE GRANT AGRE�+IENT - FRIDLEY D.W.I. P�20JDGT BE IT RESOLVED, that the Fridley City Council act as sponsoring unit of goverrunent and grantee for the project titled Fridley D.W.I. Project to be conducted by the Depart�nent of Public Safety during the period fran Octaber 1, 1982 through Sept�nb�er 30, 1983. James P. Hill, Public Safety Director is hereby authorized to apply to the State of Minnesota Department of Public Safety for funding of the project and execute such agreenents as are necessary to implesnent the project on behalf of the Fridley City Council. PASSED AND ADOPTED BY �4iE CITY 0�(JNCIL OF THE QTY OF FRIDLEY Z�IIS nAY OF .,�,__._�..,, 1983. WILI,IA�4 J. 1�E - MAYOR AZ'I'EST: SIDNEY C. II�N - CITY Q.F�tK 11 A T►+i c�TV o� FRI L Y OIRECTOqATE OF PUBLIC WORKS SUBJECT Bids received for Community Park Sports Lighting Project. John G. F1 ora , U � .� MEMOiaANDUM After analyzing the bids for the Community Park Sports Lighting Project and talking to several contractors and suppliers interested in this project, we feel it is advisable to reject all the bids received on December 14th, to redesign the project and to take new bids. We feel we can save a substantial amount of money by redesigning the lighting layout, using higher poles, and having the concession building constructed to the point where the switching gear can be installed in it rather than in a separate building. We can have new plans and specifications ready so that a new letting can be held February 3, 1983 with the results ready for City Council review at their February 7th meeting. Recommend the City Council reject the bids received at their December 20, 1983 meeting and authorize us to readvertize the lighting for the Community Park. MLB/mc DATE FROM SUBJECT PUBLIC �YOl��.K.S ANCE January 5, 1983 Ralt�h Vol}anan . rintendent Bid Proposal for Repair Work to Well� 2 and 7 IOIiEMQ�RAt�IDtJM TO John Flora, Director Nasim_M. Qureshi, City Manager 13 ACTION IhFO x On January S, 1983, bids i,ere opened to repair {ti'ells 2 and 7. Keys iVell Drilling Co��any was the loti. Uidder on both �•ell proposals. The bid proposal on lVell 2 was $22,786.00. On tiVell 7, the bid proposal was 59,660.00. See attached bid proposal s�mIInary sheet. I recommend that Keys Well Drillinb Company receive the bid ai.ard to rerair Wells 2 and 7. Based on past ►eork e.�erience, this com�any has proven to provide good wor}Qnanship and experience in well restoration and maintenance. Attach: 1 � X � c E � �e �o � Y L � O � � n oLi o � L �O O q � N L � d O I � m n O Z Q � N O O O Z Z� � Z J 1"'! � d W � O p � • � O �� Y � i"1 O Q 3 � Z oC Q ..+ 7 Q d W � M � J J � J O W � 3 J a � 0 � A � FOR CONCURRENCE BY THE CITY COUNCIL - ESTIMATES Herrick & Newman, P.A. 6219 University Avenue, N.E. Fridley, MN 55432 For legal services rendered as City Attorney for the month of December, 1982 . Twin City Striping 4416 Highland Road Minnetonka, Mt� 55343 FINAL Estimate - 1982 Street Striping Park Construction Compa�y 7900 Beech Street N.E. Fridley, MN 55432 Partial Estimate N2 Sewer & Water Project �Y137 � 1,937.95 520.00 25,621.02 14 0 VIA61l C. MMAICIf DAVIO �. NtWMAN HERRIGK 8c NEWMAN. P.A. ARORN[Y! AT LAW January 5, 1983 City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 December Retainer: RE: HRA Credit Balance (Invoice �11400): EXPENSES ADVANCED: 145 xerox copies: BALANCE DUE: . 6279 UNIVE11fIT� AVENU( N.F. FRIO�EV. MINNESOTA SSt�2 S71•3a50 $1650.00 337.50 - 71.30 21.75 $1937.95 14 A CITY OF FRII��Y iY�gineering Department 6431 University Avenue, N.E. FYidley, Minnesota 55432 �t@Z _ Ilar-amhar 93� IQR� TO: Honorable Mayor and City Co�a�cil City oi FYidley 6431 University Avenue, N.E. FYidtey, Minnesota 55432 14 3 RE: Est. No. (F� s=i• �Raiti9 _UP�Pmher 7'� 1Gf27 �r 1982 Street Striping Twin City Striping 4416 Highland Road Minnetonka, MN 55343 TI�M Estimated Unit Quantity Quantity Amount enterTine Striping 15 miles 61.67 2 miles 15 miles S 1 015.00 ntersec ion ane . tri tn um um . 5 0 ivtt nt. r n ot 6 . t. 7 SUI�'II�'IARYs Original Gontract J�n�t Cdntract Additions - Ct,ange Order Nos. = 1,845.00 i " Contract Deductions - Char►ge Order Nos. Civ. Cntr. Prk. Lot � 125.00 Revisea Contract Ana�ait Value Campleted To Date SiJB ZOT1�L l�na�t Retaired (10$) (St) Less Amo�t Paia Previously AFZ�tJI1T DUE T�IIS iSTD�SAZE «�;.r .: y • w.� .� �r : y►•;: f 1,T20.00 = 1,120.00 i i ; 1,200.00 g 520.00 I hereby oertify that the work performed and the materials supplied to date under terms of the aontract for the refer�ce project, and all authorized changes thereto, have an actual value �der the aontract of the amounts shown on this estimate (and the final quantities of the final estimate are correct), and that this estimate is just ancj oorrect and no pert of the 'Anbunt Due Zhis Estimate" has bee� received. /� i By, %�<< t«t. 7 [ � �' - � �c.� . nat�12/23/s2 Conti ctor's Auttjorized Representative (Title) �:� .: � • y.i �. i:��:� I hereby oertify that I have prepared or examined this estimate, nnd that the oontractor is entitled to payment of this estimate under the cantract foz refer�ce project• CITY OF FRIDi.EY, II�SPDCZUR � ./ g� � � i Q�ecked By: � i�%'l��.�/.�s� - - - L�ate 12/23/82 Respectfully Svkmitted, City of Frialey � BY J Flora, P.E. ar of Public Works 14 C FQR CONCURRENCE BY THE CITY COUNCIL - CLAIMS CLAIf� P;l;f��BERS 350G21 - GG6VC� 15 FAR CONCURRENCE 8Y THE CITY COUNCIL — LICE�S January 10, 1983 Type of License: By_ Approved By: . Vending Machine Totino Grace Migh School 1350 Gardenia Ave. Fridley, Mn. 55432 t 0 c Coca-Cola Bottling ti� Steven J. Olson Health Inspector 0 � � Fees: �25.00 16 16 A FOR CONCURRENCE BY THE C1TY COUNCIL - RESIDENTIAI RENTAL PROPERTY January 10, 1983 OWNER LOCATION OF BLDG. UNITS FEE APPROVED BY Gordon & Marie E. Graham 5334 - 4th St. NE 1 �18.00 S. J. Olson, 5334 - 4th St. NE Environ. Ofcr. Fridley, MN 55421